Perth Amboy evening news., 1921-01-15
WRIT HOLDS IN
JAMNY CASE
Court of Errors and Appeals
Denies Motion Made by
Prosecutor of Union Co.
IN BRANDON CASE
EIectrocution of Man Guilty of
! Killing z Local People Was
Stayed by Court.
ey spseIaI correspoha.n..

BY Special correspondsEL
TRENTON, Jan. 15:-The Court
of Errors and Appeals has denied
the motion made by Assistant Pros
ecutor Donald II. Mclean, of Union
county. for dismissal of the writ of
error taken out-for Frank Brandon,
convicted of murder in that county,
and in ruling filed by Chancellor
Walker. as head of the court, orders
that the points upon which the
claim of error is based be filed by
February 1.
Brandon, alias Harold ". Lamble,
was found guilty of first degree MUIR
| der by a jury in the Union county
last, he having been charged with
the double murder of Miss Edith
fanny and Arthur L. Kupfer, both
of Perth Amboy. on the early morn
ing of August 22. 1918. Frank Nc
Dermit, attorney for Brandon, did
not remain in the court room 10
| hear the jury's verdict he leaving
as soon as the jury had gone out.
| Brandon was sentenced by Judge
James ]. Bergen to die in the cleo
trio chair daring the week of Mo-
vember Is. The electrocution. how
ever, was stayed by court-order
had an opportunity to act upon the
application of McDermit appealing
the verdict.
This is the case in which the court
severely reprimanded' Frank Nc
Dermit. of Newark, counsel for
Brandon. for alleged neglect of his
clients interests in not prosecuting
the appeal he had taken for the con-
victed man to the errors court.
| Assistant Prosecutor Mclean
made his application to dismiss the
application for the writ of error at
the opening of the November term
of the court on the ground OF lack
OF prosecution. Mr.. McDermit said
then TO the court that his client,
Brandon, was without money to
print the record in the case and
meet other expenses incident to the
appeal and that friends we're taking
up a collection in New York.
McDermit,was then Informed that
the court would act as counsel for
the man and would also investigate
whether a lawyer could jeopardize
the interests of his client in this
way when the latter's life was at
stake. Brandon was condemned to
electrocution, which was stayed by
the appeal
The appeal is based upon the
failure of the trial court TO permit
certain evidence to be admitted
bearing upon Brandon's guilt or in
nocence, and Chancellor Walkers
opinion said that the defendant was
liable to have his life forfeited with
out being heard in court on the al
legged irregularity of the proceed
ings at the trial in the lower court
in Union county.
He. therefore, orders that the de-
fendant file his specifications as to
errors and causes which might lead
to a reversal of the conviction not
later than Feb. 1 next, and that he
print the record and serve 1t upon
the Union county prosecutor not
later than Feb. 10 next and likewise
serve his brief of argument on or
before Feb. Is next and bring the
matter to a hearing on the first or
opening day of the March term of
the court of errors to be argued
orally.
The prosecutor is ordered to de-
liver to Frank McDermot. counsel
| for Brandon. a typewriter copy OF
the proceedings of the trial.
"If the plaintiff in error" also
stated the chancellor's ruling, shall
be unable to defray the cost and ex-
penses involved in the prosecution
of his aforesaid writ of error, by
reason of poverty. he shall make
prompt application to the justice
who presided at the trial or to the
4 Judge of the court of quarter ses-
sions of the county in which the
trial was had, for payment of such
costs and to be made by said county
of Union. according to the statute
in such case made and provided.
1t is also ordered that a copy OF
the chancellors ruling be served at
once upon all parties concerned. The
appeal, it is understood. is based
| upon several letters bearing upon
| the case, which were not admitted
| at the trial. Harrison Brandon
signed one and Harold Lamble signe
\ signed the other. and both offered
| to give the prosecutor and Chief of
| County Detectives John A. Galatian.
| of Union, certain inside information
\ as to the murder at Railway for
which Brandon was convicted. Har-
| old Lamble is said to be the alias
\ Brandon used. In a reply Galatian
| wrote that the murder was a mys-
terry which had not been solved and
promised to help the writer in his
efforts to solve it.
For giving his information in the
| letter signed Brandon. the writer
/ wanted in return "a commutation
/ under this states present adminis-
tration, and a position" The letter
was written from Auburn. N. Y.