The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-14
CASE BEFORE JUSTICE GERARD
Proceeding which Resulted In the Conn
mitmcnt of Brandt TO Tombs.

When Jus ice .lames W Gerard opened
court yesterday morning at iu.ii 4" clock
IN Special Term. Part n %: IT," supreme
Court. the room was completely flied with
people vino wanted to hear IN" argument
over the writ ut udpeaS CORPUS md lea
81. Folka +. Brand.
hri rn"y-GrH.Gl, taruodv, Ei-'r :
ATTORNEY Whitman aud Robert Moore
arrived in 'hu court room a 90 - ~ clock
and Immediately s"ll,-i themselves a.
ia. counsel table facing 'h" ten, ID For
u few minutes the three lawyers E.,d a
whispered conference. aru them the
Attorney-Gcneral and Mr. Muure "ugar"I
IN an earnest conversation AZ on" side.
There were also seated a. tur counsel
table Deputy Attorney General Joseph y
Edelsou. Assistant District Attorney John
stone and Mr. Thomas, ot!icai -tenog
rapher III tn. Attoruev-G1uerI! = Office
ia Albany for the last thirty years Inc
tabl. was Inferred wIrl iuriIoilp- ,t l"-.d,
'.ocument- ,d! oiHcla, ap"r-
Brandt was .iuuLut To- IA" Tar and
placed IN chair nnm"d.atciy behind Mr..
Thomas On his l"tr aaL Warden Kaiser
Of Dannemora and Mr.. Moore stood h.-
side tho warden lhe prisoner was
attired IN a neat blue serge suit, high
wing collar and plain black tie. HIS
sunken cheeks and eyes and pasty yellow
complexion and drawn expression re-
tiected the effects ot the five years IN
caroeration. But the former servant :
general appearance elected favorable
comment on ali sides
Before 1880 O'Clock the spectators, all
on their feet. were massed In a solid
phalanx. filling the roomfrom the rear wall
to the bar and the spaces on both TANKS
of the bench,
At the start of the hearing Mirabeau l.
Towns. who had secured the haheas corpu.
writ as counsel for Brandt; District Al.
torney Whitman, Attorney General Car.
mody and Robert NJ. Moore explained
briefly the reasons for their appearance
Mr. Moore informed the Justice 'hat h,
would like TO have James ". Osborne. Jr
appear with brandt = other counsel. sine,
/ MIR Osborne had Interested himself IN the
young man behalf
That request got Mr., Towns to his feet
az if something had been exploded under
his chair Mr, Towns had been up all
night at worh on tha Brandt casa and
was tired and nervous He told the cour
| that he didn't want any counsel added
without the consent of the prisoner.
Il want Il understood said he tina
! ! am solely responsible here and that i
| is H. ghly important that these proceeding,
he not bedevllled 10y the interference
OF too many persons.
! Justice Gerard said that he would re
gard Mr. Osborne and Mr. Moore a.
friends of the court. tut that AL' Town
Appeared as the attorney of record Mr.
lownl agreed TO that and sat down com
fOrt.d The Attorney General then stated
his portion,
O. pom the face of the moving paper
/ il appears iha' tho defendant was com
mittrd to prison after pleading guilty il
the Court of Genera! Sessions To burglar
IN the lIst C"gr"".' d"clarri Attorney
General IarmO.y, "and IN Wow of tina
fact tn. case cannot h" r"open"t
Il 10 not Understand y.nr position
interrupted TIA" court
Il do not deem II necessary for me
press my OBJECTIONS by argument. re-
pied Mr. tdrnody. Il tninK il h smpl
necessary to RAISE the objections.
The code provides an exception f.
granting "A writ Of habcas corpus" in
sisted MIR, tarmOdv.
"Rut the Legislature cannot take ava
the right TO the writ, returned Justio
Gerard
Here is just what tho Court of Appea
held in the Tweed case. The Court q
Appeals held that tho court did not hay
jurisdiction. IL they can show that III
court had no jurisdiction in this case
make no objection.
y wish 10 state that Brandt pleade
- guilty and Was sentenced in a court {