New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-27
MAY FIND BRANDT CASE
INDICTMENTS AFTER ALL
Some of Jurors Standing Against
Taking Any Action Have
Changed Since Monday.
MRS. SCHIFF BEFORE JURY
Husband Will Be Heard To day,
but Fight to Get His Lawyer,
Howard S. Cans, Called
Is Lost.


the granu jury '"'e'''S"''''H '''' ~ anu
case yesterday and Mortimer l.. Schlit
will be heard to-day, \ hard fight was
a.. ,u,,,i i,,,.,. ro,,, to bove
'i'""'" - >'''''
sufilclcht vote was mustered !" ~ '''''
S'hi1 to be heard INC H'''-"P ''"'" ''''
be held together Tor "ahS'
/ Inc question "I h'"r''" ''"'" 80
taken up "''l'"''''l "'''' '"'''
hau t'S''''t" CUM
erahd jury "SN'u 'n' ''''' - ~ '''' 49,
II judge rum op',i'"' WI Wv
MUMMY Pu'Shon i''''''''''" ','''"
caihnE H'h'"' l"'A N'I' '''' '''''
OPINION heId 'na' y "'i"i "'" '''''',
allowed To TESTIFY ''l"'e 'u' p. anu J..,
under oaih the\ Wo"'d receive '"''"',''y
from prosecution LOT 'o"Sf"" ",'' ''
'ha' the PueS'''" u
or boih ol 'h'hl Sh""'" w '''''' vac
lei' |" Tue "'''Si'' 20 Wv N'
win inns eAl'"''',,'" Wv
Ean ana taste" I"r '"'''-t''I '''' " :"
I,o,.. ,,,,,,, c.niCg and Cane called Some
Of the jurors who have stood in the last
two weeks with tho group against in
dictments had changed since Monday
however. and refused TO put themselves
in q position where no acton r"uId h'
taken on tho case. tn" final 'ot" was
eleven to ten i'm favor Of calling S'hi..
while the proposition tO call Cans was
!
, nj NJ. Vat.
'Ile ''''ii'"' W NV ''','
sent !'''''""' anu WV.
iore 'he N"'e WIS '""''''
/ Noleu III IaN"I "l "'- - ''''
| Henry o'''f"olS' N'N"'"'' " >,
/ MoritZ hornSah"' 4. j. " ""''i"'ir - ''''''
| Frank, Mor!H i. Ernst h'hJ"''''" j"
Joseph 'oh"n, MauTl'o '"'iiH''"" ''''''
ucl Fry ana james h''"'''' III. '''
! man.
! Aftcr the vote wa" taken bls'II'' ~
! torney Whitman was ASKED l." request
! the appearance OF Mortimer J." S'hlH Ne
! fore the grand jury provided that ne
would waive immunity. Through Paui
I
| that he would appear al O'Clock ms
afternoon and testify after waving ini-
munity Juds" Grains opinion was
J that if he testified before the grand jury
under oath Schiff would receive I'm
munity automatically under Section ~
! of the Penal Law. regardless OF whether
/ he waived immunitv
| The situation now IS. under the
changed temper of the grand jury, that
indictments may be found. hut because
Of the immunity provision IN Section ~
NJ the Penal Law they will hold against
,,,I,. ,,.. ~ those indicted. \ conspiracy
i,dictmant requires that AT least two
persons shall be charged with the crime.
The grand jury has put itself in a posi-
| ton here it may bring indictments
knowing that they will hold against one
of those indicted and the other viii ="
free, This was understood yesterday To
be the purpose of the majority, though
the ten who for the last two weeks have
been 6phting against any indictments
have not abandoned their efforts
49,,
NO 'U''e"'
The arrangement for Mrs. S'hlI 10
testify was made by Paul D. CraVat1
on Friday In accordance with this ar
ranpemcnt she appeared at the Criminal
Courts Building YESTERDAY afternoon as
. voluntary witness. no subpoena hav.
inc hoen ie. rcd for her. Mr.. Cravath
u,ae with her and waited outside the