New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-19
Judge Who Gave Brandt Long
Term Suspended Sentence in
Case of Young Man Who
Robbed Woman.
SIX JUDGES NOW AFFECTED
Missing Minutes Produced in
Trial Where Mulqueen Ordered
Verdict of mot Guilty
A Victim of the Gang
Sters Died.

occurred i'm the case of Foll<e Z. Brandt,
his name was mentioned yesterday in
connection with one Of the cases OF
suspended sentences under considera-
tion by the grievance committee of the
Bar Association in the course Of the
investigation Of the Court Of General
Sessions. which is being conducted by
that body. aS well as by District Attor-
ney Whitman and Raymond b. Fosdick,
Commissioner Of Accounts. Apparently
Judge James T. Malone is the only re-
naming one of the seven judges Of Cen
cral Sessions whose imposition of SEN
tonCes has not in some instances fur
nished material for consideration by the
proEors.
The case Of suspended sentence which
Judge Rosalsky imposed was said to
have been one Of the early records asked
for nv the Bar Association Committee
and turned over Ia them by the District
Attorney. II was that Of John Town
send Miller. Young man Of the White
LIGHT district. who was arrested in April
1911. and held for trial on charge Of
grand larceny. for stealing jewelry from
Young women
Miller was arraigued before Judge
Rosalsky for pleading to an indictment
for grand larceny in the second degree
and the court accepted a plea of guilty
to peti. larceny. in spite "f the pro
tests e Assistant District Attorney
Delehantv. who was prosecuting the
case. Rufus r Cowan, formerly judge
in General Sessions appeared as counsel
for Miller.
Later when Miller came up f"r SEN
terca before Judge Rosalskv al irtima-
tion on the part Of the court that tho
Young prisoner might get of with sus-
pended sentence led 10 lively tilt be
tween Mr.. Delehanty and the judge.
Another indictment for grand larceny
in the first degree and two for grand
larceny In the second degree had been
fled against the defendant He was
arraigned before Judge Mulqueen on the
new indictments. because Judge Null
queen happened TO be sitting in Part l.
where. as q rule. pleas are taken. Miller
pleaded not guilty to the hrst degree
charge at that time.
Gets Before Judge Rosalsky.
Later he was taken before Judge Ro-
saIskv. because of the custom that II
prisoner is indicted for several ofences.
all Of which are related. he shall plead
before the fudge who heard his first
plea. There he pleaded guilty. Judge
Rosalskv announced that he would post
none sentence and endeavor 20 have the
cbaplain OF the Tombs ind employment
FOR the Young man which wonld Keep
him out of temptation.
When the Assistant District Attorney
attempted TO call the courts attention 10
the other indictments against Miller
Judge Rosasky promptly interrupted
him and told the prosecutor there was
no justification on the part or the DIS
trjct Attorneys office in obtaining the
four indictments.
He declared that the youth should not
he burdened with four indictments as
though he were q violent criminal. The
prosecutor contended that there were
other complaints besides the ,ndict-
ments lodged against Miller in the Dis
trict Attorneys office. Judge RosaisKy
suspended sentence In the case ie"
davs later. on May 9, 1911.
Victim Of tho Thugs Died.
The missing minutes in the trial OF
"Dodo" Ellis and Patrick O'Bricn, re-
ha "GnnhQr gang
accused Of assaulting and robbing Mrs'
1izzie Hagan at her home. at NO. 544
West 39th street, in April 1911 WHO
were acquitted by a Jury before Junge
Muloueen in General Sessions at the
direction Of the court, were produced
before Commissioner FosdlcK yesterooS
by Deputy Clerk Smith.
Mrs. Hagan died three months ago.
Neiehbors Of the dead woman SAID mat
she never regained her normal heaith
or strength after the alleged assault.
According to the minutes in the case,
Mrs. Hagan testified that on tne hisht
OF April 19, 1911, she had seen 'Dodo
Ellis. whom she had known since ne was
q baby, going through bureau drawer
In one Of her rooms. She said 5he ran
into the room and put Ellis out whcre-
unon O'Brien entered, struck her, pulled
ont "as much hair as he could" beat
her until she became insensible and lett
her black and blue and bleeding, with
two rings gone from one OF her fingers.
She testified that the two gangsters
hoard her husband coming up the stairs
ard ran out. Later Ellis ran back and
rut the two rings on top Of a cupboard
near the door. saying. Here, Lizzie,
here's your rings" according to the tes-
timony.
Commenting at this point, Assistant
District Attorney Wellman said:
.I, was a most revolving assault"
The court replied;
But there is not any robbery in the
matter. We are not bereft OF reason
h.r. DO YOU think two robbers would
take the trouble to get two rings off
and then bring them back and put them
on the table?'
roward the end Of the case Mr.. Well
man offered the rings In evidence. Then
the people rested. Judge Mulqueen
said:
81 do not think there is any use In
MN .tin9 time submitting this case to the
Jury. ] will grant a motion to dismiss
The indictment. direct the jury TO
render a verdict Of not guilty"
At one point the Assistant District At
torney referred to the deiehoah's a.