New-York tribune., 1912-03-04
Justice Gerard Expected to
CritiCiSe GaynOr and Dix
from the Bench
To-day.
CANS ISSUES STATEMENT
Denies He Received $4,000 Fee
from Schiff, and Declares He
Paid Only One Visit to
Prisoner While in
the Tombs.

hear from Justice Gerard from the
bench this afternoon. according to
friends Of the justice. on account of the
letter of the Mayor praising the stand
., the Governor in the Brandt case. Be
csuse Of the Mayors age, it was said
last night, no action for contempt Will
he taken. but Justice Gerard will prob
sb,v express from the bench his opinion
,hot both the Mayor and the Governor
are in contempt OF court on account Of
,hA false and distorted statements criu-
csing the Brandt proceedings and Jus
tice Gerard's decision.
Mavor Gaynor is primarily held re-
sponsible by Justice Gerard for writing
letter 10 the Governor. while Governor
nix shares the responsibility in making
4, npblic. The justice himself refused TO
comment on the subject when seen yes
tsraav Ar the Bar Association. but his
friends who know his opinion said he
felt not only that the Mayor erred in
,ojsstating the facts, but that there
seemed 10 be a deliberate distortion 10
Influence the public mind.
Criticism of a Supreme Court justice
by the Mayor is a particularly unethical
proceeding, Justice Gerard feels, as he
Mayor was only recently on the bench
himself. Governor Dix is in an almost
equally bad position, as within fort
night he made the point of refusing 10
act on the Brandt case because it was in
the hands of Justice Gerard. The JUS
tice feels that in making the Mayors
letter public the Governor has displayed
a most decided reversal of ethical form
Opportunity for Rebuke.
The application to be made to-day by
counsel for Mortimer L. Schiff and his
counsel. II. s. Cans, for the inclusion Of
the affidavit by John II. Iselin in the
records Of the proceedings before Justice
Gerard will afford the opportunity Tor
the rebuke of the Mayor and the Gov
ernor When this motion is made Ind
the case is again brought before him
Justice Gerard. it is understood by his
friends will say that in his opinion both
YNlayor Gaynor and Governor Dix are IN
contempt of court.
District Attorney Whitman said yester-
day of Mayor Gaynors letter TO the Gov
ernor:
1T seems to be another attempt 70 be-
cloud the main issue which is that
Brandt was illegally indicted. convicted
and sentenced. The grand jury is not
concerned with questions Of scandal
Tf- To- !, {e &c to
mine if the courts have been used in the
furtherance Of a conspiracy against the
rights Of the people
Counsel for Schiff and Cans are ex-
pected TO appear before Judge Grain IL
Part / of General Sessions on Wednes
day or Thursday and ask him. as the
official adviser Cf the grand jury con
sidering the conspiracy charges in the
Brandt case. to direct the grand jury TO
hear the testimony Of Schiff and Cans.
Judge Grain has already had one or two
consultations with District Attorney
Whitman on the advisability of admit
ting them 10 testify. 1t Is understood
that he has not yet made up his mind,
though his friends are advising him to
allow the testimony 10 be taken.
He would like the District Attorney. it
is understood, TO join with him I'm ad-
vising the grand jury TO hear Schiff and
Cans. but this Mr. Whitman will not
consent to do. He is perfectly willing
10 hear their testimony. and since read
ing the statement recently issued by
Schiff Is not only willing but anxious to
have both Schiff and Cans go before the
grand jury, but he will only consent -
their appearing if all the responsibility
that lies under a close Interpretation Of
Section 5S4 Of the Penal code is taken
BY Judge Grain
Opposition by Mr.. Whitman.
Mr. Whitman has refused and will con-
tinue to refuse to have part in advis-
ing the grand jury that under Section
5S4 Of the Penal Code immunity would
rot follow the giving Of testimony before
the grand jury. despite any form Of
waiver that might be signed. He has
had the highest legal opinion that i'm
munity would follow and he has said to
his advisers that he does not intend that
II shall be said six months hence that a
possible failure of indictments was due
to his permitting Schiff and Cans to OBJ
tain immunity by testifying.
The grand jury will meet again to-
morrow and will hear ex-Inspector Nc
Laughlin, Cornelius V. Collins. eXState
Superintendent Of Prisons; Emerson +.
Davis, a former employe at Dannemora.
who was witness on Thursday and
DR.. W. A. Irvine. prison physician at
Sing Sing in 1907 Dr. Irvine is said 10
have vised the report putting Brandt on
the sick list TO be sent TO Dannemora,
while Mr. Collins. in addition TO telling
what he knows Of the transfer of Brandt
irom Sing Sing to Dannemora. will tell
also Of the letters from Howard S. Cans
asking for detailed information about
brandt's prison life and the letters he
sent and received
hr. Cans gave out yesterday state
ment concerning his part in the convic-
uon and sentencing Of Brandt II con-
.ains many denials Of charges that have
oeen made in connection with the case.
much u explanation. and starts with the
statement: The greater part OF the
Inusions and misapprehensfons about the
hrandt case have. believe. been dis
peIledg
mr. Cans says ne Is entirely in ac-
cord with those who assert that the para
mount issue in the case is whether