New-York tribune., 1912-02-26
BRANDT RELEASED TODAY
Continued from first page.

two witnesses the grand jury will not
wait for Brandt. but Will vote the in
dictments at once.
When Brandt appears tomorrow he
will tell Of the visits paid to him in the
Tombs by Howard S. Cans. Cans says
that his only visit to Brandt was on
March Is, in answer to a request from
Brandt to see Mortimer L. schiff.
Brandt will say that he received three
other visits from Cans between March
2S the date when Brandt pleaded not
guilty to the indictment for burglary in
the first degree, and March 2S, the date
when he changed his plea TO guilty. and
that It was in consequence Of these visits
that he changed his plea.
In } decision on the application for a
writ Of habeas corpus Justice Gerard
called particular attention 20 the fact
that the record did not show that Brandt
Tas represented by counsel when he
pleaded guilty, though he was repre-
sented by Charles W. Bayles when he
pleaded not guilty.
day will be largely concerning statements
he says were made 10 him by Brandt
regarding the visits Of Cans to the
Tombs and what occurred during those
visits.
Brandt will also tell what he knows OF
the examinations OF him by DR.. William
Mabon and DR.. Carlos F. Macdonald.
DR.. Mabon is now in Florida and the
grand Jury canot reach him, but IT is
hoped that DR.. Macdonald can be Sc
cured as a witness to-day. Two eXaml-
nations of Brandt were made by the
alienists- One was in the office Of Mortl-
uer L. Schiff on March II and lasted for
three quarters Of an hour. Two years
later, after Brandt was permitted to
write letters from the penitentiary and
q after Senator Nelson had begun his in
vestigation of the case, affidavits were
attached to the reports of this examina-
ton. Copies Of the reports and the affi-
davits have been turned over to the
District Attorney.
The second examination was made IN
the Tombs on March Fl. and lasted for
several hours. Mr. Whitman is even
more interested in the second examina-
ton than in the first one. II was on the
day following this examination, when
the Atheists for the second time reported
Brandt sare, that he was indicted, and
two weeks later he was sentenced 10
thirty years in state prison. The rec
ords Of the District Attorneys office do
not show that DR.. Mabon or DIR. Mac
Donald was employed by the District
Attorney, and Brandt says that he did
not employ them nor did his counsel
with his knowledge. He says that he
was sent for from his cell in the Tombs,
taken down stairs by keeper, and sub
iected TO an examination Of several
hours duration without any foreknowl-
edge on his part
The grand jury wants to know who
hired the alienists and If they were
under the impression that they repre-
sented the District Attorney. Only the
District Attorney or Brandt himself, Mr.
Whitman said yesterday, had a right to
give permission for an examination Of
the prisoner. Any other proceeding
would have been highly irregular, and it
was especially irregular for the report to
be made public, which was the practical
effect in giving ii to the complaining
witness or his counsel, according to the
District Attorney.
Justice Gerard had long talk with
Governor Dix at the Amen Corner din
ner at the Waldorf on Saturday night.
He said afterward that it was only a
friendly talk and the Brandt case was
hardly mentioned, II It was spoken Of
At al.