New-York tribune., 1912-03-08
LULL IN BRANDT CASE
of Allowing SChiff and
Cans to Testify Unsettled.
GRAND JURY ASKS RULING
Next Thursday Set for Decision,
with Favorable Action Con-
sidered Unlikely.

Judge Grain. in the Court Of General Ses-
sions, postponed any final action in the
shape of indictments in the investigation Of
the Brandt case yesterday, when he set
next Thursday as the day when he would
give the grand jury his opinion on the ques-
ton of allowing Mortimer l.. Schiff and
Howard S. Cans to testify.
The grand jury heard only one witness
Yesterday, and that was George Kemp. He
was a court stenographer, and took the
proceedings of the grand jury which in
dicted Brandt five years ago. Kemp's
story which he has told before, was that
he did not transcribe the minutes OF that
grand jury until about a month ago. and
its chief bearing on the case now is that
Judge Rosalsky in an interview shortly
after the present reopening of Brandts
case asserted that the material on which
he based his searching examination Of
Brandt five years ago was a transcript OF
the grand jury proceedings.
Brandt's testimony, which the grand jury
heard on Wednesday almost completed
the investigation, but It brought the In
vestigating body to the point where they
wanted to hear as soon as possible the
stories from the Schiff side OF the case.
As soon as Kemps brief story had been
told the grand jury voted to ask Judge
Grains advice as to the question of allow
ing Schiff and Cans to testify. District
Attorney Whitman had turned over to
Foreman James Buckley the letters from
Delaney Nicoll, asking that schifr ana
Cans be allowed to testify and offering 10
waive immunity These two letters TO-
gether with the following statement were
handed up to Judge Grain by the grand
jury:
March z. 1912.
To the Hon. r. G. r. Grain, Judge Of the
Court of General Sessions.
The grand Jury desires Instructions from
your honor as 10 its duties under the loI-
lowing conditions ,.,
Communications, which are heIe"itl
submitted. have been transmitted 10 US
by the District Attorney. who advises us
that il is his opinion that. In the Interests
of public justice the two persons. Whosc
communications are submitted should De
heard by this grand jury. provided tnat ina.
by their appearing before the granu luIS
they would obtain no immunity tron
prosecution under Section $50 or the peha'
law, should this body determine that IN
dictments should be found against them
The District Attorney unites win US III
the request that your honor snouiu Ln
struct us as to the la" ana as W "ui
duties IN lne pltHIASt
Judge Grain took the question under ad-
visement. and after asking the District At
torney when the grand jury would next
meet set next Thursday as the day when
he would give his opinion. The grand jury
has been meeting on Tuesdays. Wednesdays
and Thursdays, and would have met next
Tuesday IN the ordinary course OF events
II was decided however, that after hearing
Rrandt's story the next thing they wanted
to hear was Schiff's story. so they adjourned
TO the day when they might do that provid-
cd Judge Grain advises them that they VIII
not thereby be freeing Messrs. Schin ana
Cans from any possibility OF prosecution
II is believed now that next Thursday or
at the latest next Friday. may see the end
Of the case. II Schif and Cans are al
lowed To testify they will probably be heard
tust as soou as Judge Grain gives his opin-
ion and with their stories In II Is under
stood the grand jury will not need to hear
anv moro testimony. n they are not al
lowed TO testify. which IS said to be unlike
lv il is understood that the grand jury VIII
close its investigation with the FORMER
police inspector. William w. McIaughlins
story.