New-York tribune., 1912-02-19
Unanimously Decides to Exclude
Them as Witnesses in the
Brandt Case.
LETTERS TO BE DELIVERED
District Attorney to Move To-
day to Get Possession of
Prisoners Property
Held by Lawyer.


Schiff and Howard S. Cans to appear
before them as witnesses.
To-day will probably see the beginning
of active STEPS by District Attorney
Whitman to gain possession of the four
letters taken from Brandt's room when
1t was searched by the police and John
p Rodgers, the Pinkerton detective, on
the night of Brandt's arrest in March,
1907.
Delaney Nicoll has practically agreed
with District Attorney Whitman to de-
liver up the three letters held by Mr.
Cans. but they have not yet been placed
In the District Attorneys hands and the
machinery will begin to move to-day TO
recover the property, which Mr.. Whitman
says neither Mr.. Schiff nor Mr.. Cans has
the least right to. Robert NJ. Moore, at
torney for Brandt is equally anxious that
these letters should be in the hands Of
the District Attorney. He said yesterday
that the fourth letter was believed to be
the rough draft of a letter from Brandt
that was intercepted. and this draft
which was much stronger than the letter
that was sent, was unquestionably
Brandts property and could not be
legally held by any one else.
1t now having been positively decided
by the vote of the grand jury that Mr..
EChiff and Mr.. Cans cannot come be-
fore them, and as the courts are to be
resorted 10 in final extremity to gain
possession Of the four letters, the ques-
tion OF whether ex-Judge Hand Will
allow Mr. Schiff and Mr.. Cans to tes-
tify In his investigating becomes one
OF prime Importance in the calculations
Of District Attorney Whitman. Mr..
Whitman has understood that Mr.. Hand
would not allow witnesses to appear
before him whose testimony might in
terfere with the work to be done by the
grand Jury Mr.. Hand was asked about
this Yesterday.
Mr. Hand Awaits Witnesses.
I'm view Of all the discussion about
immunity" he was asked, IF DIR. Cans
appears before you on Tuesday, will you
swear him in and accept his testimony"
II can't answer that question" he re-
piled. IF any one comes before me and
wants to testify. will have to decide
the question them"
,'Have you Issued any subpenas?" he
was asked
The Governor issues subpenas." he
replied.
Has the Governor issued any sub
penas?"
Il don't know" said Mr.. Hand.
Whom do you expect as witnesses on
Tuesday," was asked.
Il don't know" he said. "If any one
comes before me and wants to testify
will hear him"
Both Robert NJ. Moore and Mrabeau
l.. Towns. attorneys for Brandt, said
yesterday that they did not expect to
testify before Mr.. Hand.
II expect to be present as the repre-
sentative Of Brandt" said Mr.. Moore. Il
have not been subpGnaed and | do not
expect To he a witness. AS | see It. all
may do is To offer material which Mr..
Hand may investigate"
There may not be any investigation
by Mr.. Hand" Mr. Moore continued. IF
Justice Gerard hands down his decision
sustaining the application for writ OF
l1a beas corpus that will end all neces-
sity for an investigation by Mr.. Hand.
In that case we will move for the dis
missal of the indictment against Brandt,
and If the indictment Is not dismissed
we will ask that the case be tried In the
Criminal Branch Of the Supreme Court,
TO get It entirely away from the atmos-
phere of the Court OF General Sessions
Justices Decision Is Delayed.
II had been generally expected that
the decision of Justice Gerard would be
handed down to-day, but he said yester-
day that he could not get through the
work on the case in time.
II was busy at the Bar Association all
day." he said. looking up many points
in the case. The job is such big one
that cannot get through in time to give
my decision tomorrow.
In the mean time the grand jury VIII
continue its Investigations into the
means used to have Brandt sent to
prison for thirty years and kept there
IL Is hoped that by Wednesday Brandt
himself may be witness to tell Of his
dealings with his various lawyers Ches-
ter A. Bayles. Brandt's first attorney
has told the District Attorney that he
cannot tell what passed between him and
his client. as II was privileged communi-
cation and to divulge it might get him
in trouble with the Bar Association.
Brandt will be held by no such consid-
Grafton, and he will supplement mate
rally the story which Bayles will tell
to the grand jury to-day.
Carl Fischer Hansen has made an affi-
davit to the District Attorney saying
that when he was Brandt's attorney he
was I'm constant communication with the
representatives of Mortimer l.. Schiff.
The District Attorneys report to the
Governor said that when Brandt was
first srraigned. on being called on to
plead he pointed TO Howard $. Cans and
said MY lawyer speaks for me-" August
Reymert, the attorney who was asked to
investigate the case by Senator Knute
Nelson, of Minnesota, wrote to Senator
Nelson that he had consulted with Mr..
Schiff's attorney. He has already been
before the grand jury.
John p. Rodgers. the Pinkerton de-
tective who aided the police in search
Continued third page.