New-York tribune., 1912-04-04
.CARMODY HERE TO LOOK
INTO CONDUCT Of CANS
Attorney General Holds Confer
ence with District Attorney
Whitman.
MAY ASK BENCH TO ACT
Hearing on Gerard Habeas
Corpus Decision in Brandt Case
Comes Up To -day-Post-
ponement Probable.

Attorney General Carmody came from
Albany Yesterday afternoon, and after
several conferences in the course OF the
afternoon and evening on the question
of the procedure to be followed in the
contemplated investigation into Howard
8 Ganss conduct in the Brandt case
held a long session with District At
torney Whitman last night. In dis
barment action there are three methods
Open--a complaint to the Bar Associa-
tiOn with a request for an investigation
by the grievance committee, a legisa-
tive investigation and a motion before
the Appellate Division of the Supreme
Court
Consideration Of an application to the
Bar Association for an investigation has
| been set aside by Mr. Carmody and Mr.
Whitman. A legislative investigation is
considered impractiCable at this time.
Attorney General Carmody's confer
ence Yesterday dealt chiefly with the
practical question of the form In which
! the motion should be made before the
|
| Appellate Division To refer motions for
| disbarment to the Bar Association for
| investigation, and if the Bar Association
reports that there are grounds for trial,
the Appellate Division then appoints a
referee to take testimony. In this case
| il is particularly desired 10 have the ap-
pllCation for disbarment taken up by
the Appellate Division without reference
| 10 the Bar Association.
II is understood that the motion before
the Appellate Division is to he made by
a former Assistant District Attorney.
| The conference between Attorney Gen
eral Carmody and District Attorney
Whitman last night was for the purpose
| Of going over the evidence in the case in
preparation for drawing up the papers.
Both Mr. Carmody and Mr.. Whitman
are particularly in earnest in this mat
| ter on account of the attack made on
Mr.. Whitman by Cans in his statement
given out Sunday and published Monday
| morning. The Attorney General feels
that a public official should not be at
tackled in this way for doing his duty
and no attention paid to the attack.
The hearing on the appeal from the
decision Of Justice Gerard granting a
writ Of habeas corpus for Brandt, comes
up in the Appellate Division this morn
ing. There are two motions to be con-
sidered one is that of District Attor-
ney Hogue of Clinton County asking for
an immediate hearing. and the other is
that of Paul ID. Cravath and De Lancey
NicolI asking TO be allowed to inter-
vene as friends of the court.
Attorney General Carmody will appear
for the state and ask that the hearing
be adjourned, as he is not ready to go
on with the case. there not having been
time, on account of various delays. to-
have the record printed. District Attor.
ney Whitman will also lie represented
in court and Mirabeau l.. Towns will
appear for Brandt.
No objection, it is understood will be
made to the filing of brief by Paul d.
Cravath and Delaney Nicol as 1t is
the usual privilege accorded to lawyers
to intervene as friends Of the court In
such cases. The brief prepared by Mr..
! Cravath and Mr.. Nicoll includes all the
| pr proceedings before Judge Hand. as
we'll as those before Justice Gerard. and
| is a massive tome.