New-York tribune., 1912-02-14

Brandt to go out of that prison except
on q specific order from Justice Gerard
would automatically be guilty Of con-
tempt Of court. ". En.
AT any rate. the effort to get from
under exhibited yesterday by various
neople connected with the case received
decided aid from the appearance OF Alton
b. Parker in the proceedings before
Judge RosalslSy. Mr.. Parker's opening
statement was a plea for the indulgence
of the court, and Mr.. Parker stated after
the proceedings were over that he had
come there expecting big fight on the
question of his appearance IN the pro-
ceeding.
81 worked for two hours last night
said Judge Parker, preparing arsu-
ments TO submit to objections which
thought would certainly be raised at my
appearance -,
Just who was responsible for the ini-
tlation Of the proceedings before Judge
Rosalslv remained as much mystery
afterward as It had been before.
Mr.. Towns, who made the original
motion. as one Of a series of movements
by which he endeavored to get Brandt
case reopened, was a party to the agree
ment with Justice Gerard that the mo-
ton before Judge Rosalsky Woulo De
adjourned. The District Attorney VINO
also was party TO that agreement stated
his desire for adjournment, based on the
Ground of that agreement and MI
Towns Immediately Joined with MIN III
tho request that Judge Rosalsky post
none consideration of the motion until
Justice Gerard had disposed OF the ma
beas corpus writ, but In spite oil these
objections. based on lawyers agree
ments with a Supreme Court justice
Judge Rosalsky proceeded with MS con-
sideration Of the motion.
Parker Enters the Argument
MIR. Towns, at the opening of court oy
Judge Rosalsky, restated his previous
motion that the verdict be set asiue'
The District Attorney then appriseo the
court of the agreement entered into by
counsel before Justice Gerard, and Mr..
Towns joined him in the request lot
postponement. Mr.. Towns was emphatlc
in asserting later that his action III
Judge Rosalsky's court was not re-
neyal of his motion, but simply rou-
tine restatement of 1t. which furnlsheu
no basis for the subsequent procedure. 1t
was at this juncture that Mr.. Parker
entered into the argument, and after his
speech Judge Rosalsky, after vain at
tempt TO force Mr.. Whitman to consent
10 the proceedings, took the matter in
his own hands and gave his decision.
II is understood that Justice Gerard,
with Mr.. Carmody and Mr.. Whitman,
believes that the judge of the Court Of
General Sessions had no jurisdiction to
impose the original sentence upon
Brandt, for the reason that no case of
burglary was shown by the papers and
evidence submitted.
Mr.. Whitman's status in the case is
peculiar, for, though he believes Brandt
is now in the custody of the Supreme
Court, nevertheless If Brandt were taken
into the General Sessions Court to-day
he must by law appear. Further, Mr..
Whitman would be unable to try new
case against Brandt as prosecuting Off
Ger of the county, because he has re-
ceived confidential statements from
Brandt in connection with his present
attempt to gain his freedom. II Brandt
were brought up for a new trial, Mr..
Whitman said yesterday, he would ask
that a special prosecutor be appointed
Attorney General Carmody, before he
left this city for Albany last night, said
that he was in full cooperation with
District Attorney, Whitman. He said
that he came here not knowing Just who
was acting in good faith in the matter,
and sure only Of the fact that everybody
was willing to be quoted in the news
papers, but his Investigations here had
convinced him that Mr.. Whitman was
doing nothing more than his full duty in
endeavoring TO see to it that not only
should Brandt get fair deal, but that
any Irregularities in his conviction
should be barred and punished