New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-25
GRAND Jury ENDS
BRANDT PROBE
Ten Men Refuse to IndiCt on Con-
spiraGy Charges, Though VIII
inr to lndiCt One Man,
It Is Said.
REPORT IS EXPECTED SOON
Not Even a Presentment Looked
For-Reversal of Gerard De-
cision Would Send Brandt
Back to Prison,
Lawyers Say.

LOW Oio Sdy'
charges in the Brandt case for nearly
two months. the grand jury that has
been conducting the investigation will
end its labors this week without action.
There will be no indictments and no pre-
sentiment.
The reason for this Is the stand taken
by ten members of the grand jury, who
for the last two weeks have stood sol!dly
against indictments, though before that
most Of them were in favor of action.
Since they have changed their argument
has been that the case has been one of
persecution, and they have confined,
themselves to that statement and a
steady vote against indictments.
But though they have refused to vote
the two indictments necessary for con-
spiracy charge, these ten would have
consented even at their last meeting on
Thursday to find one indictment. They
have finally refused TO indict one other
man, and, though it has been explained
to them frequently that a conspiracy
charge cannot lie against one man only.
they have steadily refused to find more
than one indictment, while freely ex-
pressing their belief that one indictment,
at least, should be handed up.
This situation has resulted in nothing
I,eipo do-a For nistricf Attorpay Whit
man considers that it would be little
less than ridiculous to hand UP pre-
sentiment saying that there had been 4
gross miscarriage of Justice and that the
law had been broken, and yet refuse TO
find indictments and attempt TO punish
| those who are declared 10 be guilty.
The grand jury will meet again to-
morrow, and it is probable that they will
make their report then and ask TO be
dismissed, though they may take the re-
mainder of this week. This delay is in
Difference to the wishes Of the ten who
have stood out against indictments
| Thirty-f five witnesses have already been
heard, but there are still one or two who
will testify against Brandt, aud these
the ten want to hear tell their story.
Personnel of the Grand Jury.
| The members of the grand jury that
| has considered the Brandt case are
Henry Osterweis, of No. II East SItb
street; Alexander Weinberg. of No flo
West 115th street. Moritz Kornsand. OF
No 1229 Park avenue; G. j. Wittenbers,
! of No. 33 West J0th street; Emil Frank.
| of No. Is East 6Oth street; Moritz l..
! Ernst. Of No. 152 West 122d street; Ben
( jamn Stern, of No. go East Goth street;
/ Joseph Cohen, of No. % East 10th
street; Maurice Gomprecht, of No 40
| West 1j3d street; Samuel Fry, Of No.
| 40 East 92d street; Bernard Naughton,
OF No. G15 West End avenue; Robert K.
| Dana. of No. 216 West 102d street:
James S. Carney of No 52S West 142d
street; Henry A. Patten, OF No. 800 West
| 1O6th street; John A. HerZog. of No.
| 1858 Broadway; James Buckley, who
lives at the Holland House; William z.
Hill. of No. 271 West FIFTH street; James
l.. Laidlaw, of No. East 66th street;
! William D. Murphy. of No. 40 East 18th
street. william J. Murphy, Of No. 1o1
West 10Th street: Marcus w. Cane, OF
No 1 West Both street; George Wichelus,
of No. - Bank street, and T. g. O'Con-
nor of No. West S7th street. Buckley
was the foreman and Hill the secretary.
For the last two weeks the ten first
named have refused 10 vote for the in
dictment of all the principals in the case,
though they would have consented To
the Indictment Of one man. They ad-
mitted freely and without argument that
one indictment was we'll deserved. but
no amount of argument could make
them see. or at least could make them
admit, that two persons were required
! to form a conspiracy. When IL came ID
talk of more than one indictment these
ten stubbornly voted no.
| AT the beginning of the investigation
only two or three of the grand jurors
were against indictments. AS the case
went on the little group who stood
against indictments was gradually in
creased until they became solid body
NJ fen. In the end it came To be that
three or four of their colleagues joined
with them.