New-York tribune., 1912-03-04

mlnlSteTcu without FAVOR IMAM lHdt any
| individual, however vicious or dangerous,
should be punished for his crime His
purpose is to meet the issue squarely, he
says, and reply to every suggestion that
| has come to his attention that has been
the basis of claim that in the conduct
OF the case there was anything unusual
or that any deception was attempted or
practised upon Brandt or any injustice
contemplated or done.
First Makes Some Denials.
In carrying out this expressed purpose
Mr. Cans first makes some denials as
follows:
| did not receive fee of $4,000 or any
other large sum for my services IN the
Brandt case. My fee was $500
] did not visit Brandt on a number OF
occasions while he was in the Tombs., l
visited him once, and that was on the day
after his commitment to the Tombs saw
him as the result of his request that Mr..
Schiff come and see him. What took place
at that visit l shall tell fully later in this
statement.
| did not send Brandt any meals or pro-
vide for him any comforts while he was IN
Neither MIR schln nor I had anything to
do with Brandt's transfer from Sing SING
To Dannemora, nor have we concerned our
selves with his treatment In prison. rear
ing an application for pardon based ON the
lying statement foreshadowed In his state
ment from the Tombs. which reached us
by the hand of Fischer Hansen and was
later developed in the letter TO Senator
Nelson, took the precaution OF writing 20
prison officials asking that | be ADVISED OF
any application for pardon.
| did not meet Mr. Schif, Judge RosalSkE
and Inspector Mclaughlin at the Criterion
Club or at any other place. To the b 5,
Of my recollection Gave met insPeC,o
Mclaughlin but onco in my life when
went to see him at Police Headquarters IN
regard to this case.
! did not attempt TO Influence tho charac
ter Of the WooridEe report. except that !
sought TO make sure that il should he ac--
curate and thorough. For this Purpose :
sent 70 Inspector Mclaughlin such in-
formation as came to me, and asked him
to ascertain whether that information was
truthful
did not. directly or indirectly, openly
or Coyertly make any promise 10 induce
Brandt 10 plead guilty. nor did ADVISE
him 10 plead guilty or give him any a1N =
whatever, and, on the contrary: ! notlntd
the man " no came 10 me as his counsel
that whether he pleaded guilty or stood
trial. 7 would urge the heavy sentence
which thought his crimes merited.
Called in the Alenists.
Mr. Cans explains that he was called
into tho case by Mr. Schlff on March II.
1907. and that his first act was to have
Brandt examined by alicnists When 4
was found that Brandt was mentally
sound he was arrested and charged with
burglary in the first degree. The ques-
tion OF the degree OF burglary is dis
cussed al great length Mr.. Cans baslng
his argument on the necessity OF
Brandts making his entrance 10 the
house through the coal hole. which. he
saws. would constitute breaking and
entering whether the grating were off
the coal hole or not.
Brandt's statements after he made his
plea Of guilty-the examination on which
Justice Gerard based his decision grant
ing the writ OF habeas corpus-Mr. Cans
says. are immaterial, because the plea
of guilty was not withdrawn before the
sentence was passed
The charge by Fischer Hansen that
promises OF a short sentence were made
TO Brandt TO induce him to plead guilty
is categorically denied.
Mr. Cans continues:
With Brandt himself after his arrest |
IS. the day after he had been sent 70 the
Tombs. and eight days prior 10 the iirst
interview with his counsel.
The conversation with him was snort iie
+hId me he wanted to see Mr. Schn In
person ! told him that Mr. Scniu Woubi
not see him; that he might SeHo 10, NJ.
Schih. through ne. any message tiHt ns
rad 10 convey. He replied that he wanted
10 tell Mr. SchifT that II the charges were
pressed against him he would ten thiiles
about Mrs. Schiff. ! told him tnat hhde'
no circumstances would Mr.. Schlf see MN.
and that | would suggest to MIN that ne
had better not tell any Hes about ANYBODY
as II would do him no good.
'TJis was the sum and substance OF the
conversation and nothing further or dii-
ferent was touched upon. H..
I reneat that ] nave never, al any time
In any way. 10 Brandt or to any one hr,
eaid suggested or intimated that etHer
Mr. Schiff or ! would do anything oth'
than TO insist upon adequate punishment
for the grave crime which ne had 'oi'-
THIS I believe. dsposes as far as is pos
sible Of the talk that promises were maue
to Brandt
Correspondence with Inspector Nc
Taugblin Is referred to TO show that De-
tectiye Sergeant Wooldridges work on
tho Brandt case began before April /.
,oo7 the date on which Woodbridge said
in his report read before Judge Rosalsky
he had been assigned to the case by In
snector Mclaughlin. An informal report
bv Woodbridge 10 Inspector Mclaughlin
under date of March 26. is given, in which
Woodbridge tells OF visiting Bernards-
vile y. J.. to look up the record OF
Rrandt. II was on this day that Cans
,,roto to Inspector Mclaughlin suggest
ing further Investigations Of the prisoner
and Of this letter ne says:
r,,yo paragraphs of that letter have been
made the subject Of much adverse com
-.1r, ava may therefore justify some
comnent on my part. Attention mas been
called 10 the statement he (BrandO lS 70
he sentenced next ThnrsdaE' Dul can ~
course have the date Of sentence ad-
| iourned If necessary - o..,,.,,
II has been suggested that MY bSsei uoIi
| +Lat / could have the sentence adjourned
| if necessary implied coniroI pN me oNt'
! tbe actions Of the court or the prosecut-
Snc. officer which indicated some impro-
nr7etv I do not think that this sugges-
| tton will carry much weight win those
Mo arc familiar with the customs ana
n-.cticcs of the court in respect TO lmpOS-
! 10 sentence. I have rarely known judi
la officer who was not desirouS OF OBJ
taining for the purpose or imposing a sen
tonce upon "A convict all the hght that ne
| couId acquire as TO the convict past ca
| nr Nearly every judicial officer ] have
! i,nnwn welcomes such information. wheth-
! or favorable or adverse 10 the convict
| from whatever source II may come. 90
| - believe that any judicial officer would
IT, ~ a reasonable adjournment of SEN
! tenSe 10 any one who had any interest IN
! tba prosecution or defence or a convict IT
| tLat nerson advised him that information
1 ,.bIch would be of assistance in determin-
! ~ the nature and duration Of the sem
| te1ce was in the course or being produced
! ~ lawyer in good standing could make