The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-14
competent jurisdiction. have here the
original commitment If your Honor wishes

.
TO answer Il telephone call. When he re-
turned he had to climb over the railing
10 get back to his place at the lawyers
table. MIR Towns agilely seized upon the
| incident
your Honor he said. IL believe my
worthy opponent will find the constitu-
tional obstacles in this case more difficult
To vault than that railing"
There was general laughter IN which
Jusiic" Gerard joined.
1h"n Mr.. Towns gave the three heade
upon which his argument WAS To he based
the certified copy Of Brandt's indictment. .
the proceedings before Judge Rosals.y
and the sentence 10y judge ltusalshy. ne
Attorney -Grnera! then asked Justice t''-
rBrd FOR a week : pOotpOilrin"nt oil th"
hearing IN uricr to give counsel tune 10
confer. !, Is known that the Attorney
GENERAL was moved to make that motion
10y h- belief that Gov. Dix would pardon
brandt within "a week and 80 remove al
reasons for Al court hearing. w. Towns
insisted, however, ON an immediate ruI-
iug. II was decided to go ahead with tie
argument
Nlr. Towns said.
"Now an accused man is brought before
a Magistrate, sitting there ~ the vicar
lof cod 10 protect the innocent. And We
find Judge indulglng in such cunning
lnQul,ition that "" are iiHpellcd to 20
hchiId the proceedings in justice TO the
! prisoner
IN reading the record Of Brandt's ar
raiGnment before Judge Rosalsky Mr.
Towns stopped to eXclaim:
This was - festive burglar, coming
! there N >31 O'Clock and staying until
u -. And w,r" 'hcre no servants IA
Mr.. NchiN's housr 10 detect MIN, Ind the
grass grow ON Ia" stairs from the ba-t-
men' ip the leads
,li ~" Wealth -. the house idv ginning
there before Br.A dt, for him 10 take and so
..4, ,Tti, Ia. t,a
hao but to reach out his hand and grasp
what was ct no impurjauC" to >chln hut
was wealth him
Was his entrance he act oi burglar:
No, II wa, the a "f Il philosopher, ot a
Montaignc he "njpvci ,d-" and con
tentm.ut AMI Familiarity IL dnoth"r's
house. as ii II" wer' drVu 20 write1in
l"plc poem, - It l-I-, a lvri" 20 hi>
ladv's eyebrow
There vt~ slbduci ii .'f ~ ""
room wn r. his ..lendan' waited for
Mr. SChii. \ lI'h- was re- lrctri from
the hallway. Perhaps ~" colo" Of on. =
eyes could not h" Distinguished, bat the
features Il tho fac" Couli br Gisccrn.d.
continued Mr. Towns If he had ht
MIR. SchIh J.. would have sculNwrrch"d
him" add ,d III" LAWYER
"Danuen"ra' He" j. the place for
,hoS" who arc - bc forgotten Dame
mora Is ~" ouhhctic Og humanity.
drorDcd IN frequently with due form "'
ldw, sometimes. as IN .tH,- Cd|". bv thr
hasiardi3inE nr tine law lv the i"r-uu So
lr"jer hv 'h' voice. e." the p'nul" to repre-
son; thcr without tHE"T and without
IGd,lC.
Mr.. Town, skntcl.i over the history #
IA" writ uf hah"as corpus ar"riting the
features whch teu'i'.l To- show IL !ppll-
cation in IA" prc','nt instance
And tn" writ f h..b..~ corpus cannot
he ~l.-p"nd"i except ia TIN" ri WA"
"uuha iCt!!y declare! lie lawyer
coming finally - ih" facts III TIA" Brandt
"a .". Nj Towns rca. III" section of the
p"udl CuU- d"'l'Irg burglary IN The ig-t
drgrr. aui then read verbatim the -isio-
graphic transcrip, Of Judy" nn-al-',v'- :
/. "Nlmiuatiun of the d"frudau' iU-, VrIpi
to imposing spnt"uc"
MIR Towns as-nil"d the atti'ud" ni
, Judg" Eo-al-hv IN utl"~tlonlng BrH"dJ
which h" intimated wa- cunning at
T tempt - trap Brandt into au udn,.s lot
/ that might he construed into tn adnl-
, sion of burglary
The Attorney -Ci.nerais object ious to
. N. issu. of the writ w"r" pr..-"Lj.I
briefly Counsel for Brandt had dis
Cus-nd facts and circumstances. n" said
4 10 which he was "A stranger TIA" Brands
case had come in his attention Officially
ionlV ON last SATURDAY. night "" al-r"s,
with Mr. Towns. huw"V-r ;ha' al anaIv~i
of IN" proceedings disclosed II remarkable
condition O, Affairs and on" that de
nlti ihfNl Ih'lOl' " - ltiulN ~''l iva t'l
investigation to "a mach further han ,Ii.'
= Investigation under IN" Writ of hah"h
!Corpu- Mr.. tarmod"' continued
raise no oht-,rluu whatever 'u me. d.
! ohIrt" ui TIN d,i"u'yu' ~ 9r' 'uuui.
81 thl' ha- 'h" du'huih' ?" disc .rrr uIr'
, ! - tut mat aU'h,rI'y "N"ItIs-d ANA uduu-
ltma' ~. -dli-iv - l"-uorr"" "htr Ih'
b excitement 81 'ni~ uoru"nt uN- p"--ri away
: Mr Carmodv -aii h" would ln'rr,os,
d NO r",h hn.cai OBJECTIONS 10 th" duin,n'~
ration Of lu-tIc" ~ IL tull"N' oJn".p
itIru Al he would say wa mat tt'
writ of hah"a- cOrpus must not be- appil",
: wh"r" = cannot b" applied The -piri
! u' TIM writ. he SAID, was Intended to rim.
la man forth from Incarceration for th'
p p,lrpu-" nf yuumrluE into 'hr cause %
h!- detention II II APPEARED tiai rh
court had jurisdiction Of ~" crime. ha'
> jurisdiction of the prisoner, and act. .,
/ within that jurisdiction IN passing -ru
tri.,". then, Mr Carinody bel'' "i, IT,
Il yurpoe. Of IN" writ was answered ",
continued.
am up' going to H>i. 'or ANY sharp ap
r'l,ai'ou of mat doctrine am vii
ne court and with ia" counsel .u oN'end,u.
> - = l"-,. .blr 10 'ht i"markHul' facts II
lll.- case. l. NAV h-. Your Honor. iha
' uyun further examination of in. recon
, tut tu,- cas-. W. Wll md ihu' tth" "Cur
did un' have .ur.,dic',ou oi th' caI" |
= - ,"rv apparent 20 me- from ia" rNarntna
ton | have rivrn the matter ihs' rh
: crime for which "a" defendant WAS con
\ yic'ed. or rather was sentenced. j. al
: pVlcntly not sustained by the record tha
' has been presented before the court thl
= morning ~ that be- true and II appsr
emily j. true then they" l. a demand tina
: more h" done in his case than the lbeT
Q a'loU uE Brandt
here il n demand that ve fad out b
i | what Dower the courts OF the city Of Ne'
A York have been used FOR the purpose q
4 lnCarcer youth and heepIng hir
. in State prison nearly all his life We wan
20 find out why II IL that young ma
who may not understand the forms OF IN
:. Law or what a plea of guilty means as Ia
to believe that the Magistrate who ~;
. upon the bench will 80 advise him an
4 SO interpret the law that his rights Vanot
- be 'rampled under ioot--under these re
= marnHhlc 'ir ,un~'au'r- We have u dut
~ 10 perform that rnrhaps has not com
., hc3or" the COiri- III th!S city r.n,e the
q were orgHHiIed. ana am ANXIOUS That tha
- Inlrler stall proceed ~ some orderly wa
tor thorough examination OF all thes
. questions
Il For that purpose ! do not orcr or a.
r for any delay in the determination Of III
! case before your Honor. but ! have TIM
4 suggestion to make think This matte
i belongs now in It's present stage before III
a tilCi Executive of tn" state. II IL tru
. that II has been presented ther" and ha
been disposed of. think II IL Uniortunat
II that my learned friend was not heard lpO
II that urc-"ututlon ana that the attention ,
~ whose attention could not have hr"n cIlle
| ID, ,I the TplDuTkullp nj