The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-29
BRANDT bA|LEO OUTt
SCH|FF MAY Be HEARD
Grand Jury Will Call Him If I'm
munity Can Be and Is
Waived.
MCLAUGHLIN AND CANS TOO
Transfer 10 Dannemora Came as Orders
From Superintendent
Collins.

Mortimer L. Schiif Howard s. Cans
and former Police Inspector William ".
Mclaughlin may after all be permitted
to testify before the Grand Jury, which
is now inquiring as to whether Folke E,
Brandt was the victim Of a conspiracy.
That is, provided they waive immunity.
Brandt was released on 81. 500 bail yester-
day.
II was reported last night that District
Attorney Within will consent to the
appearance OF Schiff. Cans and McLaugh-
lin IL General Sessions Judge Grain as
sumes the responsibility If Judge Grain
thinks that the witnesses would not be
automatically immunized under section
5si of the penal law if they signed a waiver
the District Attorney will call the three
men
De Lancey Nicoll. counsel for Mr.. Schif
and Mr.. Cans. has made strenuous efforts
to get permission for his clients to tell
their side Of the Brandt case in some sort
Of a court proceeding. He strove to have
them admitted as witnesses in the pardon
inquiry over which Judge Hand presided
and which was originally suspended be-
! cause Judge Hand put up to Gov. Dix
the responsibility of deciding whether
Schir, Mrs Schif and Cans should be
allowed to testify against the protests Of
the Attorney General and the District
Attorney. When the pardon inquiry was
dropped Mr.. Nicoll inferred that he would
find his opportunity in the police trial OF
Detective Lieutenant Woodbridge. But
that trial was suspended because the
Police Department didn't want to EN-
barrass or hamper Grand Jury proceed
ings. iIhen Mr.. SchiT made c public
statement which the Grand Jurors have
had opportunity to read
1t was not known last night what course
Judge Grain would take, but persons
around the Criminal Courts Building
assumed that the withdrawal of opposi-
! tion by the District Attorney guarantees
the privilege that Mr.. Schif and Cans
have sought through their lawyer. Dis
trict Attorney Whitman was surprised
when the report was called TO his atten :
ton. He said he had not tclketl 10 Judge
Grain. Asked to affirm the report, MIR
Whitman declined To discuss il one way
or another.
IL Schif. Cans and Mclaughlin are
called before the Grand Jury il will be
next week, ThG, body will he busy until
its ad journment on Friday examining
other witnesses The Grand Jury has
voted not to cell Schih or Cans, but the
jurors, according to custom. may accept
the suggestion of the District ATTORNEY
that new features Of the Brandt case
as well as fairn,ss to Schif. Cans
and Mclaughlin require that they hav.
a chance To be heard.
The principal new feature is the letter
mentioned by MIR. Schis in his state.
inent, that Carl Fischer Hansen obt aines
(Hansen says from q Tornbs prisoner
named Ryan, who had il from Brand
just before Brrndt was taken 10 Sins
Sing The letter was written by Brand
to Mrs. SchiT and IL described rs con
tanning sugges' ions Of the most ofTensiv,
nature. Fischer -Hansen turne.i il oyel
to Judge Rosslsky. who gave il to Cans
The Grand jury is extremely desirous of
examining that letter to see whether il
YVES, as Mr.. SchifY sFys the first .videnc,
of a blackmGiling scheme which had fo
its purpose ienity for Brcndt. sub
pqna duces tccum will he issued for Tn.
letter and Mr.. Schih and Cans will b,
questioned es 10 their knowledge Of a plo
by which Mrs. Schifr's name wcs TO b,
bleckened il Brandt ives not let off easy
McLaughlin's presence is now desire,
for different reasons. The Grand Jur,
wants to hear from the ex officia o
police his version Of the preparation o
: the Woodbridge report and what Howar,
s. Cans meant when he wrote to McLaugh
lin thanking him for many kndnesses
, Mclaughlin made no fight to get befor
, the Grand Jury. but he offered to appear
il immunity was granted.
, The Grand Jury went yesterday int,
, the matter of Brandt's transfer from
+ Sing Sing to Dannemora Addison John
; son, who was the warden at Sing Sin
from 1889 To the latter part of 1907 an
2 jesse ID. Frost. who succeeded johnson
' and held the JOB until 1911. were the wit
neSses on this phase of the case. John
son testified that he remembered Brand
g as a convict. but that the transfer tool
place after his time and that he couldn
9 throw any light On il He described a
Frost did later, the usual procedure il
e transferring prisoners from Sing Sin
1 to Auburn or Dannemora. Almost in
variably second term prisoners wer,
sent to Auburn from the big receivn,
prison at Ossining, while third tern
convicts and convicts suffering from lun
' troubles were sent to Clinton prison a
Dannemora. The custom was for tn
n warden to make out list OF transfer
to be made. which list was submitte,
to the Superintendent OF Prisons for hi
approval
: Frost. corroborating this. said that il
h accordance with the custom he mad,
I out list containing the names OF pris
oners he believed should. for variou
reasons. be sent to Clinton prison. Tn