The Washington times., 1912-02-29
SCH|FE ANDGANS TO
WAIVE IMMUNITY IF
THEY TALK TO JURY
Banker, Lawyer, and Former
Policeman to Testify Only
! on That Condition.

NEW YORK, Feb. 29.-Mortimer l..
Schln, Howard S. Cans, and ex-Police
Inspector w. w. Mclaughlin will be
permitted to testify before the grand
jury Investigating the conspiracy
charges in the Brandt case provided
they sign cast-iron waiver OF immuni-
ty, and provided Judge Grain, to whom
the grand jury will report, intcrprets
section 5SI of the penal law as not auto
matically 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 Fri
day the grand jury voted unanimously
mot to hear them.
May Rescind Action.
It Is probable, however that this ac-
tion will be rescinded under the advice
OF the district attorney that immunity
will not automatically follow on their
being permitted to. testify. ......
Brandt was released from the Tombs
under total bail of $500 on the two in
Idictments standing against him. The
appeal from Justice Gerard's decision
will be filed today. He will be wit
tness before the grand jury next week
after Schiff, Cans, and Mclaughlin have
been heard. He will probably be the
last witness, and after his testimony
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
ghall be no opportunity for any one to
say that the full story was not told Ia
the grand jury.
Many Protests.
So many protestations have been
made that Cans and Schiff have not
been treated fairly in not being permit
ted to tell their story in an authorized
Illegal investigation that in the interests
OF fairness the district attorney will
permit them to go before the grand
Jury If he can be made certain they will
not thereby receive immunity.
They will he examined largely on the
mysterious third letter in the case. Thl
is the letter which was sent to Car
FISCHER Hansen by 1'randt from til,
'Tombs and was afterward banded owe
to Cans by Judge RoSalsky
4 subpoena duces tecum will be issued
for the letter, and this will be the
means fer taking Schif and Cans be-
fore the grand jury. Rut before they
will be permitted to testify they will be
REQUIRED TO wave immunity and sign a
waiver, and then Judge Grain viii he
asked to interpret the Jaw and say 81
isection 5S4 of the penal law would give
timmunity automatic ally dvsltte the
waiver.
4 Rests on Decision.
II Judge Grain decides that Schf
and. Cans will not automatically receive
immunity under this section of the Law
they will be permitted to testify. l
his decision is that immunity would fol
low their testifying they will not b
witnesses before the grand jury.
John II. Iselln, law partner of Cans
has asked to be called before the gran
Jury, and he will be a witness thi
week. He will be asked to tell when
was that Cans sat on the bench wit
Judge Rosalsky in the course of tn
case. 1t has been said that Cans wa
on the bench with the judge whe
Brandt pleaded guilty. Cans has denie
this and Mr.. Iselin has made an aft
davit to the same effect. He will b
asked by the grand jury If Cans wa
on the bench with Judge Rosalsky Whe
Brandt was sentenced.