New-York tribune., 1912-02-10
Petition TO Justice Gerard.

Petition TO Justice Gerard.
In his petition to Justice Gerard for the
writ Of habeas corpus Mr. Towns states
that on Information and belief the pris-
oner. Brandt, is not detained by process
or mandate issued by any court OF IN"
United States or 10y virtue Of final
Judgment of a competent tribunal OF
civil or criminal jurisdiction"
Copies of the writ were served on
Warden Kaiser of Clinton prison, the
District Attorney of Clinton County. At
torney General Carmody and District At
torney Whitman. on account Of Mr..
Whitman's attitude in the prisoners
favor Deputy Attorney General VIII
represent the people.
The next step in the proceedings VIII
be tho argument on the writ before Jus
tice Gerard at 1890 o'clock on Tuesday
morning, when the paper Is returnable.
Unless the Attorney General asks for an
adjournment Mr.. Towns will predicate
his arguments on the law and the record
alleging that Brandt Is illegally detained
in prison. Brandt will be remanded 10
the Tombs until Justice Gerard's decision
on the writ If his parole Is granted
Brandt will he rcarraigned for pleading
to a charge OF unlawful entry, which Is
misdemeanor, or he will be tried for as
sault with intent to Kill Mr. Schiff, for
which an Indictment against him is
pending.
Two courses were decided upon by the
LAWYERS for Brandt. one was the re.
lease by writ Of habeas corpus. The
other was to ask the committing judge
Rosalsky) to open judgment i'm the case,
and both plans were carried out.
Reopenins of Case Also Moved.
AS soon as Justice Gerard Issued the
writ Of habeas corpus Mr. Towns applied
IN Judge Rosalsl<y, moving the opening
and setting aside of the alleged juds
c,ort Of conviction Of Brandt. quashing,
vacating and setting aside the commit
ment and ordering a rearraignment ana
new trial upon the indictment on the
Ground that the court was deceived ana
imposed upon and acted upon mis'nlor-
nation and under mistake in pronounc-
irp sentence, as appears by newly dis
covered evidence.
The motion is based upon many things
among which are mentioned the minutes
~ the grand jury which indicted Brandt,
tba records cf the court proceedings
.,,ode nv Thomas w. osborne, the stenog
.o,hor and the affidavit of Carl Fischer
Hansen. Brandt's attorney when he
,,oaded guilty TO the charge preferred
AGAINST him by Mr. Schif.
The most important affidavits, how
ovor are those Of Otis Latham and Louis
p,o,or who were prisoners in the Tombs
,,.,.h Brandt before he pleaded guilty.
These afidavits were verified on Thurs
do, and are said TO pertain to alleged
conversations between Brandt and GER
In nersons who discussed with Brandt
:. Tho Tombs an alleged promise Of an
,,y release from prison II he would
cent n enter a plea of guilty to first
degree burglary
.otber important affidavit mentioned
{, that Of District Attorney Whitman
o.,oorripg his official investigation Of
,ho raport of Detective Joseph d. Wool
r,doo on the record of Brandt before his
arrost This was in the form Of an un
amorr letter to Inspector Mclaughlin, };
.ho detective bureau, dated April 3, 1907,
o,non which Judge Rosalsky acted in
committing Brandt"
Whitman Summons WooIridsc.
r,o contents of Woolridge's letter re-
.,itod On such a mass of contradictory
o,.idonca uid that District Attorney Whit
man wound up his investigation into the
nonnrt ,,,nn bv summoning Woolrdge to the
!, Cr,noiral Courts Building from Sleeps
head pay yesterday afternoon The for
mer me- detective was closeted with Mr..
I whitman several hours ana the District
A,torney then said that woolridge would
annear as the first witness in John
Doe" proceedings before the grand jury
on ruesday morning as an investigation
| Continued on third page.