New-York tribune., 1912-02-28
SCH|FF LAWYERS NOW
ASSA|L F|SCHER-HANSEN
credibiIity Of Brandt Counsel
Attacked-He Tries to Get
Banker Indicted.
PRISONER ADMITTED TO BAIL
Still in Tombs, However, Being
Held on Second Charge
Grand Jury Continues
Investigation. - -

Folss E Brandt, the schiff valet, who was
sentenced 10 thirty years imprisonment by
fudge Rosalsky. was admitted 10 bail yes
.erday in the sum Of $4,000 on the indict-
roent charging him with first degree bur
plary, but was still held prisoner IN the
Tonlbs under the indictment charging him
With felonious assault
Justice Gerard granted the bail applica-
ton on the burglary indictment, but d.
yected Mirabeau L. Towns, Brandts attor-
ney, TO apply 10 the Court Of General Sos
sions for bail on the other indictment, Mr..
Towns said that he would make his fnal
application before Judge Grain this morn
ing at II O'clock
Brandt may be 4 witness before the
grand jury as soon as he is finally released,
though on this point Mr. Whitman was not
decided last night. If he does not call
Brandt before the grand jury to-day he
viii have some OF his men keep In touch
with him, so that he can be brought before
the Grand jury a soon as he is wanted.
From Delaney Nicolls Office last night
came a long statement, which was chiefly
on attack by answering afHdavits, OF the
substance of the afFdavits Of Carl Fischer
Hansen. Besides affidavits from Howard 5.
cans. John r. Iselin and a copy Of Fischer
Hansen's first affidavit in the recent reviva!
of the Brandt case, the statement contained
COPY Of a letter sent by the law firm OF
Nicoll, Anable. Lindsay & Fuller 10 District
Attorney Whitman and Attorney General
Carmody yesterday asking them TO have
the afldavits mentioned included in the
habeas corpus proceedings and properly ie-
cited in an amendment to Justice Gerard
order sustaining the writ.
Still Urging Offers to Testify.
Accorpanying these documents in the
matter that was given out TO the news
papers was a brief summing up statement
from the law firm, reiterating their former
offers-not to say demands-to have How
srd S Cans and Mortimer L. Sehiff fur
nish all information within their power to
the District Attorney.
The Cans affidavit made public by De.
Lancey Nicol yesterday is chiefly an at
tsck upon the credibility of Fischer Hansen
and a comparison between his first and sec
ond affidavits. Regarding Fischer-Hansen :
statement that Brandt told him that he was
aided and advised by Howard s. Cans. Mr..
Cans says in his AFFIDAVIT
1, Of course, have no way Of knowing
what Brandt may. have said to Fischer
Hansen, but the statement attributed by
Pischer-H Hansen 10 Brandt TO the erect that
Brandt had withdrawn his plea OF not
nent found against him by my advice, that
made visits Il made only one) 10 him in
the Tombs, and that the Schiffs or pro-
vided him with food from outside restau-
yants. are each and every one Of them ab-
solutely and unqualiiedly false
Ny only visit 10 Brandt in the Tomns
was on March is, the DAY, after his com,
nitment by Magistrate Whitman when
cslled upon him in response 10 note
which he had sent 70 Mr. Schiff requesting g
NJ Schif 10 see him That was the only
aZgSsoR wsish ssd seE sA BFanSS ds1 e e.
ms arrest. Neither in that conversation nor
~ any time nor in any other manner dlo
-9enr Of any kind Whatsoever intended 10
influence or which could have influenced
MIN 70 plead guilty. Ny said conversation
With him in the Tombs lasted few min
Qtes and 20 the best OF my recoAection re,
sted solely 10 the threat he made that II
rs charge against him was pressed he
would make reflections upon Mrs. Schin,
stance that he had better not tell lies about
anybody es II would do him no good. This
was the entire substance Of my converse
At the time Of my said conversation With
Brandt he had no counsel 50 far as knew.
Subsequently three separate lawyers ap-
oeared IN his behalf, namely, Mr. Baylles,
Nr Rosenthal and Carl Fischer Hansen.
NJ Cans states later in his af1davtt that
" January 25 or 26. prior 70 the date Of
thehrst Of Fischer Hansen's two afadavits,
Hansen called ~ his ONCE voluntarily and
said that "at no tine had he received from
anybody any suggestion or inttmation that
Brandt had pleaded guilty under promise
that by pleading guilty he would receive
2 lighter sentence, and specifically that
he had never received any intination or