New-York tribune., 1912-02-09
BRANDT LAWYERS GIVE
.ULT|MATUM TO ROSALSKY
Say They Will Start HabeaS
Corpus Proceedings Unless He
Reopens Judgment.
JUDGE NOW SEEKING ADVICE
James w. Osborne and Mirabeau
L. Towns Appear in Case for
SChiff Valet - Novel
Points Raised.

Judge Rosalsky was told at a con
ference which he attended in District At
torney Whitman's office yesterday that
unless he consented 10 reopen juds
ment" I'm the Brandt case the lawyers for
the prisoner would bring the young man
from Dannemora state prison into court
Immediately on a writ of hab"as corpus.
Judge Rosalsky replied 70 this practical
ultimatum that he had been advised by
JudG" Warren W. Foster, ~ the Court
Of General Sessions, against reopcninG
the case. However. ne said, II he had
been deceived by a conspiracy to railroad
Brandt to prison, he certainly desired to
see jusJi % done II there was legal way
10 do IT, He left the conference, saying
that he would seek further advice.
James W. osborne. former Assistant
District Attorney. and Mraboau l..
Towns. of 80 149 Broadway appeared
before the District Attorney at the con-
ference as counsel for certain persons
who are interested i'm the principle in
VOWED I'm Brandt's case" as they put II.
This added now life to the case, which
has been drifting along in a sort Of legal
fog since Governor Dix declined TO
parole Brandt upon the recommendation
Of District Attorney Whitman. Clarence
J. Shearn. counsel for the w. II. Hearst
newspapers, was also present
None Of the lawyers cared to identify
the persons who retained them. Mr.
Towns remarked that he had written a
favorable opinion on the validity Of a
writ Of habeas corpus in the Brandt case
as an alternative to a rcopening of judG
ment by Judge Rosalsky and had sent It
to his retainer. Mr.. Osborne and Mr.
Shearn will undoubtedly appear as coun-
sci in the possible habeas corpus pro
ceedngs.
Depends on Judge Rosalsky.
The outcome of the case virtually de-
pends on the action of Judge Rosalskv
Whatever he decides to do may not be
known until next week. AS Monday is a
legal holiday. the matter is likely to re-
main as II t. until Tuesday at least.
II was learned last evening that Judge
Foster advised Judge Rosasky against
reopening the case. but that was soon
after the petition Of Brandt for pardon
or Communication came out at Albany.
According to excellent authority. how
ever, Judge Fosters opinion regarding
the Brandt case has been altered by a
careful investigation into the facts.
All lawyers have agreed that the fight
to get Brandt out of Dannemora prison
will involve some novel points OF law.
Even the lawyers who have come into
the case In his behalf admit that the
writ Of habeas corpus In such case Is
absolutely without precedent. Mr..
Towns. however, declares that the prin-
ciple goes back to the Magma Charta
and the attempt to declare when 1t shall
apply has brought kings and princes to
the executioner's block Brandts plead
ing guilty to the charge was mere
conclusion by man not learned in the
law and can be nullifed by the facts"
he said.
The laws of the State Of Illinois permit
a person TO plead guilty to murder in
the first degree. In the case of Gardner
VS.. the People CNo. JOG, Illinois,. District
Attorney Whitman has found a case
which parallels that of Mr. Schif's i'm
prisoned valet. Gardner pleaded guilty
to murder. After he had been sentenced
to be hanged the condemned man stated
facts to the court which showed that the
man whom he had shot had tried to take
Gardner's life. The plea went to the Su-
preme Court. was reversed and Gardner
was acquitted. The concluding opinion
of the Supreme Court was that common
Justice would. say that the prisoner ought