New-York tribune., 1912-02-29
District Attorney Whitman In
sistS on Every PreCautlon
Against immunity
Following. .
BRANDT NOT TO GO ON STAGE
Released from Tombs Under Bail
on Both Indictments-Re-
pudiates the Comics:
sion" He Signed.

IdOSnlln VIII ne pei eilhlI'Cu W 'N''''-'
fore the grand jury investigating the
conspiracy charges in the Brandt case
provided they sign a castiron waiver OF
immunity. and provided Judge Grain, to
whom the grand jury will report, in
terprets Section 5S4 Of the Penal Law
as not automatically giving immunity TO
witnesses who testify before the grand
jury in conspiracy cases.
Cans and Schiff have been fighting for
weeks to get before the grand jury with
their story A week ago last Friday the
grand jury voted unanimously not to
hear them 1t is probable, however, that
this action will be rescinded under the
advice Of the District Attorney that i'm
munity will not automatically follow on
their being permitted to testify.
Brandt was released from the Tomhs
Yesterday under total bail of $500 on
the two indictments standing against
him. The appeal from Justice Gerard's
decision will be filed to-day. He will
be a witness before the grand jury next
week after Schiff Cans and McLaugh-
be the last witness, and after his testi-
mony the indictments are expected to be
handed up.
The chief reason for hearing Cans and
Schiff is the District Attorneys desire
that when the indictments come there
shall be no opportunity for any one to
say the full story was not told to the
grand jury. So many protestations have
been made that Cans and Schiff have
not been treated fairly in not being per-
mitted to tell their story in an author
ized legal investigation that in the in
terests Of fairness the District Attorney
will permit them to go before the grand
jury If it can be made certain they will
not thereby receive immunity.
Mysterious Third Letter.
They will be examined largely on the
mysterious third letter in the case. This
is the letter which was sent to Carl
Fischer Hansen by Brandt from the
Tombs and was afterward handed ever
TO Cans by Judge Rosalsky. schiff said
Of It that he would give il up only in the
last extremity. and the grand Jury wants
10 find out if it was really, as has been
said, the first written evidence Of a
blackmailing plot.
A subpoena duces tecum will be issued
for the letter. and this will be the means
for taking Schiff and Cans before the
grand jury. But before they will be
permitted to testify they will be re-
10 81
waiver. and then Judge Grain will be
asked to interpret the law and say IL
Section 5S4 of the penal law would give
immunity automatically despite the
waiver Section 5S4 of the penal law
follows
No person shall be excused from attend
ing and testifyng, or producing any books
papers other documents before any
court MAGISTRATE or referee, upon any in
lation OF any of the provisions of this arti-
Gle conspiracy uPon the ground or for the
reason that the testimony or evidence, doc
umentary or otherwise. required of him
may tend to convict him of crime or sub
lect him to penalty or forfeiture but no
person shall be prosecuted or subjected to
any penalty or forfeiture for or on account
OF any transaction, matter thing con-
cerning which he may so testify or produce
evidence, documentary or otherwise, and
received against him upon any criminal in
vestigation or trial.
If Judge Grain decides that Schiff and
Cans will not automatically receive i'm
munity under this section of the law
they will be permitted TO testify If his
decision is that immunity would follow
their testifying they will not be wit
nesses before the grand jury
Gans's Partner to Testify.
John II. Iselin, law partner of Cans,
has asked to be called before the grand
jury, and he will be witness this week
He will be asked to tell when it was
that Cans sat on the bench with Judge
Rosalsky in the course of the case. 1t
has been said that Cans was on the
bench with the judge when Brandt
pleaded suilty. Cans has denied this
and Mr.. Iselin has made an affidavit to
the same effect. He will be asked by
the grand jury If Cans was on the bench
with Judge Rosalsky when Brandt was
sentenced.
The witnesses before the grand Jury
yesterday were Addison Johnson, warden
Of Sing Sing from 1899 to the middle
part of 1907; Jesse d. Frost. warden of
Sing Sing from 1907 10 1911, and otto
Metz keeper on the third tier of the
Tombs. johnson was warden of Sing
Sing when Brandt became a prisoner
there. and Frost was warden when
Brandt was transferred to Dannemora.
The grand jury wanted TO learn from
them the reasons for the transfer.
Johnson told Of Brandt's prison record.
which he said was good, and Frost told
the incidents of the transfer. Frost ex-
planned that the ordinary procedure was
70 send third-term prisoners TO Danne-
mora from Sing Sing and second-term
men TO Auburn. AS Brandt was a first
term prisoner. he said, the usual prac-
tice would have been TO keep him in Sing
Sing. The warden, he said, made out
lists OF his second and third term pris-
oners and sent them to the Superintend-
ent of Prisons. who gave the orders for
transfer.
Al the time Brandt was sent to Danne-
mora Cornelius V. Collins was State su-
perintendent Of 2riGons. Frost said that
he sent his list Of second and third term
prisoners 10 Superintendent Collins.
This list did not contain the name Of
Brandt When II came back Brandt's
name had been added TO those to pe
sent to Dannemora Frost said that he
fFut.o-fd NJ. se~orf