New-York tribune., 1912-02-27
BRANDT IS REMANDED
Continued from first page.

the proceedings out so that implicated
rersons might have escaped punishment
,,rder the statute Of limitations.
colonel Joseph F. Scott, Superintendent
- state Prisons. announced that he was
ad,ling 10 take full responsibility for the
,ublicity Of the Brandt case. He said
,bs,. On either his first or second visit to
Darneroora prison he had learned
prandt's story, and believing the young
man was unjustly sentenced, called the
..so 70 the attention Of Owen l.. Potter
tho Governors pardon clerk.
SAYS Cans Sat with judge
~a,l Fischer -Hansen's affidavit, which,
II IS understood. covers the gist ol MS
testimony before the grand jury de-
s,ribed in detail the circumstances sur
ro,,nding his initial appearance for
Erandt Howard S. Cans. Mortimer J..
ccbifys attorney, was sitting on the
hercb with Judge Rosalsky, according TO
se-sA7davit. and he. Fischer Hansen
was 1rst called upon by Judge Rosalsky
solelv because. as a scandinavian. he
courd converse with Brandt in MS nallNe
tongue and make sure that he coulo un-
6srstond the nature of the proceedings
7. was At Judge RosalsKy's behest ne
swore. that he first talked to Frandr
FISCHER. Hansen'z afidavit in full, fol-
lows.
Carl Fischer-Hansen. being dNy s"o'"
deposes and says:
That he has made an AFFIDAVIT in the pro
ree5ing OF the People versus Brandt IN con con-
nectlou with District Attorney IllCliiea eaid
report 10 the Governor OF ths sta557' ,o35 ma =
sAidavit being dated January 70, 1917, ! io ne ! :
N that aftidavt / state as follows, We We
retained by Lawrence De tolke bIanoii bIi GllI hs-
appeared as his attorney ah0 No.. af Cen
fore Judge Rosalsky IN the G9ulI "a Srril
eral Sessions on March p, lsOi, ana ApL II
iqa7 When / signed said afhdaVl
had distinct recouecton oI as 70 he foTs
nssre5 in the Brandt case once pSLCLS
fudee ROsalsky. sitting in Part l. ana @ laIe
on April in another part before tI.e ser Zen
,Idea In a recent conference helWt'eii zen
DieT~jet a++ornev Whitman, Judge RosalshS
srd rovself my attention was caIleu 10 70 "a a
fsct which upon reflection hno ,oi,,.
with what actually took place, nnI nslliIe4 6Ssfors
on the day when l FIRST appeaIeu pSrE1 ,,i, . :
Judge Rosalsky il was under the ioii0N TI.! .ti1
circumstances: happened 70 oea,Il,I oe iI a. nre.
on other business. Jodse lJs InsefIicuiar
sided in said court and on thlS PA ~ ~ 'ts .Ss
morning he had sitting with nm on tEs @
bencb Howard Cans, Mr.. Schln attorney,
Ind on the step leading up 10 the pencn " 1e ae
sy5 a7so' a former Deputy Assistant DistlcII
Attorney. In response TO ms ndlhe e.;t5,a,,t HTil
~ rhe clerk Brandt appeared WlIilou'
cCrnseI Before being led back 10 the pen,
Iudgs Posalsky called him back ana aiso
cs1e5 my name, and said: - .,,.- de-
Mr. Hansen l don't know II lhls tiiI IN
sar5sn+ fully understands English, so VIII
YOU please ask him if he unaerslanos u'e
procseIiln5S Brandt IL he understood the
-.,,sa of the proceeding, Of which ! had
no knowledge myself at the time, aho ne ne
aid YES" he did. l had never seen
R~sndt before and knew nothlng ABOUT ilis :
Istal in fact. didn't even know that he was
Srbi4rs valet I wasn't told to consult WI D
rim as to the case, but merely to act ss an
irterpreter because / happened 10 DC d
scsndinavian, The same as he, Brandt
few days after this occurrence / re-
cetved through the mail a letter from saiu q
Brandt asking me 70 come ana see MN a.
~ TCTnbs. as he desired me to act az ms
attorney. When he came 20 the c0unseI
roon and ] had been introduced 10 nv MN =. !
recognized IN nlIn tng saIlLT a.g = few DAYS
before. 4oa '''
Said Cans Advised Change Of Plea
He told me then that particular Tn9rninis 9 min
on which I had been called by Judge Rosal-
rkv 70 speak to him he had, at the aoNlce
of Howard Cans withdrawn his plea Oh no.
guilty and pleaded guilty TO the indlctmenIt !.
found against him. and that ne mersIs
-5snted me 10 go with him to court on the
dav OF sentences as g matter OF form. .,.
/ had number OF conversations WIN
srTangen9ent s'IIli whereby everything would
ea+fsfartCrv. and that he was under
rs n9F fs 70 he diSSSsS %ss aided dee and advised
~ Mr.. Cans, and that the scnlhs WSts
taking a kindly interest IN hirn' WaiCt y
r-areToents were borne out by the Iact Q!
v~ Gans's visits to him In the onloS;
me fact that they provided him WIN lou Ioou
rom outside restaurants, and a nunoer
n other things, and as ! had nol aLS
ovrorturitv Ia, look over the minutes OF
~ arend lurv ! was absolutely m tls
dark as TO the specific charges that had
'eTI Tbe onIy i1formation ! had upon the
-7Ibieot was what / cleaned from MS an
rwers 10 Judge Rosalskys s cross eKaiiilIi pc =
frov, fbe contents OF certain letter which
by mistake had been opened 3y me Wh!cn E
was given 10 me after he had lett lot
Fg need S.5S not say that in case where the
Jslerdsnt has pleaded guilty ana mas
,ias,ed a confession and refuses 70 discuss
thsi facts with his attorney any az,
.oyneZy VIM under those conditions would
attempt 10 make him change his plea ano
rspudiate his confession would be guilty
,,o1 oniv Of upprofessional conduct but Of
Snoornati0n q cBRI BFll"T "FTGTscHER-HANsEN .
sworn 10 before me this 18th day OF
F4orO''y' i'l-. ARTHUR r. SMILEY,
Notary Public New York County, No. i7o.
The proceedings before Justice Gerard
were brief On motion OF Mirabeau l..
Towns. as attorney for Brandt, the order
sustaining the writ Of habeas corpus was
orser4d entered, the prisoner was dis
cps%ged from custody under the iudg-
mSst OF the Court Of General Sessions.
arM remanded 10 the custody Of the
WARDEN Of the city prison, to await trial
ON the indictment for burglary in the
Arst degree. Mr.. Towns was directed 20
amply 10 the General Sessions for bail.
and on his suggestion that that court
might want bail TO be set by the su-
IRENE Court. Justice Gerard said that II
hat proved to be the case, the sppllcs-
ION could be brought before him.
owing to the delay in getting before
the Court Of General Sessions after the
order had been entered by the County
clerk and certified copies furnished to
District Attorney Whitman, Mr.. Towns
ard Thomas ". O'Brien. a New York
Ia%yer designated 10 act for him by the
District Attorney Of Clinton County.
r,fdge Grain had left the bench and
building, and it was impossible 10 have
bsH fixed last night Mr.. Towns pro
fegged 10 be "disgusted' at the delay,
hut remarked later that Brandt would
not be likely 10 mind one day more after
FIVE wears imprisonment.
Alienis+s May Give Testimony.
--;,1 rIz-