The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-28

disbarred lawyer repeating statements
alleged TO have been made to him by a
convicted felon ought not to be recited
on Justice Gerard's order without con-
tradiction II a contradiction is forth
coming. To that end he forwarded to
Cans and by John II. 1selin. In an ex-
planatory note IL is stated that Fischer
Hansen In his first AFFIDAVIT. made jan
uary 20. 1912. says positively that he was
retained by Brandt. and appeared for
Brandt on March %. 1907. when Brandt
same affidavit Hansen says nothing about
Brandt's having told him that Cans had
promised lenity In case OF plea OF guilty.
In his second anldavit. dated February
~, 1912. filed before Justice Gerard Fischer
Hansen withdraws the statement that
he was Brandt's counsel when he appeared
before Judge Rosalsly on March 2s and
had previously conferred with him. as he
positively swore in his earlier afYldavit.
but says that he had never seen Brandt
before his appearance before Judge Rossl-
sky that day, when he happened to be in
court on another case. Fischer Hansen
than proceeds to say that few days after
this occurrence he received through the
mail a letter from Brandt asking him to
come and see him at the Tombs. Fischer
ItdnSen Unen TCDedtN tn6 dlleNeu btdtS-
ments of Brandt that he had changed his
plea from guilty to not guilty under an
arrangement with Howard Cans. whereby
he was to receive q light sentence: state
mcnts which, according to Fischer Han
sens affidavit, are borne out by the fact
OF Mr. Gans's visits to the Tombs and the
fact that they, doubtless meaning the
Schifrs or Mr.. Cans. provided Brandt with
food from outside restaurants. The falsity
OF Fischer Hansen's later afildavit Is proved
by his statements in his earlier afY1davit.
In that affidavit he says that he repeats
his conversation with Mr.. Schif and Mr..
Cans and indicates plainly that his talk
with Mr. Schifr and Mr. Cans was prior
to March -. CThc day on which the plea
Of guilty was withdrawn.
while the District Attorney has not
yet seen At to avail himself Of our effer
to furnish all Information within our
power. the offer is still open,' the state
ment says.
Mr.. Oans's affidavit is nat denial OF
Fischer -Hansen's statements. II asserts
that Cans saw Brandt only once in the
Tombs, on March Is. 1907. and that Brandt
had told him then that IL the charge was
pressed he would make reflections upon
Mrs. Schiff. to which Cans replied that
Brandt had better not tell lies. Cans
denies that he promised leniency to
Brandt. He does not allude to Fischer
Hansen's statement that he CGans) sat
on the bench with Judge Rosalsky on
March %. 1907. Mr.. Iselin, however.
treats Of that in his afidavit. He says
Cans was not in the courtroom to the
best Of his knowledge. He himself was
not on the steps or within the rallied en-
closure. Mr. lselin said he was present
when j. c. Rosenthal talked over Brandt 3
case with Cans. and that he heard Cans
tell Rosenthal that Mr.. Sohih would not
intercede for Brandt and that the man
waa dangerous criminal.
II Brandt gets out Of prison to-day 1t
will be on bail Of 1880. His counsel,
Mirabeau l.. Towns, wanted Judge Grain.
in Part I. Of General Sessions, to admit
Brandt yesterday afternoon TO bail on
both indictments. Judge Grain refused
to consider bail on the indictment for
burglary in the first degree because he
was not sure in his mind whether Justice
Gerard's decision and order had sub
stituted Q plea Of not guilty for Brandt's s
former plea Of guilty. II said that this
question was for Justice Gerard to decide.
Judge Grain consented finally to admit
Brandt to bail on the assault indictment
was not forthcoming and Judge Grain
issued a bench warrant holding Brandt
until the bond should be fixed up. Later
in the afternoon, Justice Gerard admitted
Brandt to bail in 5000 on the burglary
indictment. Mr.. Towns said last night
that he expects TO have his surety ready
for Judge Grain this morning and that
Brandt will be released at once. The
District Attorney, with Grand Jury
problems on his mind. did not seem so
certain that Brandt would get out.