The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-02-13
GRAND JURY PROBE
ALSO BEGUN TODAY
MAY AID BRANDT.
Will Determine If There Are
Grounds for Conspiracy
in Case.
Continued from First Page

III OoOSs
Continued from First Page.) 4
prevented this. In doing so he charged
directly that the adjournment was
sought merely las preteNt to save
somebody's face"
This is a question of international
Importance" declared Towne. JUST. e
ROsalsky had no jurisdiction in this
case. and why lie acted is one of the
things that must be shown. lie had no
right at all to sentence this man.
The seEding of This man to a prison
where his friends could not CUmmuni-
cate with him was deliberate, and the
reasons for It will yet be revealed.
I'VE demand that this man be brought
into court in Il legal way and his aC-
cusers compelled TO come into the open
and prove their case"
Would Set Aside Sentence.
The argument of Mr.. Towne. counsel
for Brandt, and the statement of the
attorney general that there was a ques-
tion of the Jurisdiction of the court OF
general sessions" said Justice Gerard,
have gone far to convince me that
there Is reason for his sentence being
set aside. Decision Is reserved, and [
suggest that until 1t is handed down all
other proceedings contemplated in this
case be deferred, as II is likely some of
them at least will not be needed"
Mrs. w. X. Vanderbilt, sr., was a
prominent witness of the proceedings,
occupying a seat within the enclosure
usually reserved for members OF the
bar.
Extraordinary precautions were taken
today by the State prison authorities to
keep Brandt from discussing his case
u a tNy-g
Brandt was brought down from Sing
Sing prison, where he was sequestereu
over night by the direct order of State
Superintendent of Prisons Scott, presum-
ally acting under orders from Governor
Dix.
Handcuffed to State detectives, Brandt
vas hurried to the county courthouse.
Although showing the prison pallor, the
young valet, whose case promises to
develop the worst political and judicial
scandal in the history of the New York
courts should the entire truth be re-
Vealcd in open court, was in excellent
health. He plainly wanted to talk, but
detectives waved aside all inquirers.
Carmody In Conference.
attorney General Carmody. who rep
resented the state at the hearing, dis
Cusscd with District Attorney Whitman
all of the known facts i'll the case be-
fore coming 20 court.
courts now have no jurisdiction over
HrAndt inasmuch as he has already
served five of the thirty-ycar sentence
imposed by Judge ROsalsky, and he
argued against tn Legality OF the writ.
The habeas corpus proceedings did not
touch on the guilt or innocence OF
Brandt. II was granted by Justice Ger
ard on the allegation. made in the afh-
davit by Brandt and supported by
| counsel that he brandy was confined
in M N liberty
| out due process OF law. The thirty
year sentence was characterized as eN-
| cessive for a first offender, and the court
| was asked to review the record Of his
trial and decide whether the COnvic-
| ton should not be set aside, and Brandt
rcmanded for new trial.
| Counsel for the valet argued that the
| record showed Conclusively that Brandt
did not plead guilty to burglary in the
| first degree. They said that the record
| showed that the valet claimed he en-
| tered the house by the servants en-
| trance, which was not fastened, and
| therefore he could not have forced an
! entrance which he would have had to
do were the crime Of first degree
Counsel read the stomographic record
| Of the proceedings before Judge RoSal-
| sky, in which the valet told of going
directly to the Schiff personal apart
| ments, and, after putting on dressing
| gown, sitting down to await the banker.
| This, they said, absolutely disproVed
| the first degree burglary charge on
| which the valet was sentenced.
At the same time that Brandt was
produced in Justice Gerard $ court to-
day the grand jury entered upon q
full and searching investig of
Erandt's arrest. arraiGnment and SEN
tence to ind If there ere grounds for
a charge of conspiracy against persons
who may have plotted to send tbs
young man to prison for a long term
at the bchest of n man rich in money
and political influence.
Police As Witnesses.
Among the witnesses under summons
to appear before the grand jury
are Detective Lieutenant Woodbridge
who signed the report giving Brandt AZ
utterly false ''criminal record" and for.
mer Police Inspector William w. Nc
Laughlin, who handed the report" tC
Woodbridge alre ady written aut and or,
dered him to sign it, hut who did no
himself indorSe it,
Many important questions will be pu
to Mclaughlin, and If a conspiracy eX.
listed the foundation of the proof viii
be laid from the answers of Mclaughlin
and Woodbridge, who are expected tC
furnish the leads that will involve the
men higher up.
Former Assistant District Attorney
Marshall and former Chief Clerk Hen
neberry, of the district attorneys office
under william 7. jerome, have also
been summoned to appear before the
grand jury in order that a complete
record of the handling of the case by
that office may be laid before the grand
jury.
Owes Much to Whitman.
| District Attorney Whitman conduct
ed the grand jury investigation, a!
his investigation of the alleged rail
reading" OF Brandt has put him in full
possession of the facts, and to Mr.
whitman the prisoner owes much fol
his fearless. conduct of an investigation
in the interest of justice.
1t was openly declared last nigh
, that the communication from judge
Otto o. Rosalsky to Governor Dix OF
Brandt's plea for clemency was mis-
leading and failed to state exact facts