New-York tribune., 1912-02-18

ereu ol uIst importance III lns case, ana
IT was pointed out yesterday by those
close to the defence that if the District
Attorney resorted to a subpoena duCes
tecum to get possession of the letter
such a subpoena would enable Mr. Schiff
and Mr.. Cans TO go before the grand
jury.
Both Mr.. Schiff and Mr. Cans have
declared that they are willing to waive
immunity II they are allowed TO testify
before the grand jury. and yesterday
Mr.. Cans sued still another statement
saying that he did not want and would
not accept immunity.
MIR. Gans's Statement.
His statement follows:
have nothing to say at the present time.
What | have TO say hope TO tell in a pub
lie inquiry. where for the FIRST time the
truth with regard TO this whole matter can
be made clear
In view OF the suggestion appearing in
morning newspaper that by testifying be
fore commissioner I could acquire i'm
munity from something, ! repeat as 10 this
inquiry what have written 10 the District
Attorney as TO the grand jury investigation,
that / have no need OF Immunity, that |
~ HDN ~ "s4N 'iAeN "'pip Hok
accept II.
But what I DO need and want Is that all
the facts be brought opt In public inquiry
and the whole truth made plain. Mr..
Schin's attitude and mine are Identical.
Despite this statement. Mr. Whitman
is unwilling TO have Mr. Cans and MIR.
| Schiff tell their story TO the grand jury.
He rs convinced and he is upheld by
! many eminent lawyers in mis- opinion.
that Section 5S4 OF the Penal Code auto
maticslly gives immunity 10 any witness
who testifes before the grand jury in
conspiracy case. II was pointed out.
also. that there are only two means
which the District Attorney can take 20
get possession OF the letters. one way
IL by a subpoena duces tecum, which. az
has been said. would bring Mr.. Schiff
and Mr.. Cans as witnesses before the
grand jury. The other way Is by a writ
OF replevln.
II the District Attorney knew Of his
own knowledge that the letters were In
the hands Of Mr. Schif and Mr.. Cans he
could issue warrant Of arrest but as
he Is informed Of the whereabouts of the
letters only on the word Of counsel he
cannot issue such n warrant
As there has been no attempt TO deny
where the letters are. Mr.. Whitman is
prepared to proceed 10 their recovery
through a writ OF replevin. and that
big legal fight will follow Is believed
certain from the fact that Mr.. Cans yes
terdav added 10 hIs counsel Louis Mar
shall TO assist Delaney Nicoll.
The District Attorney thinks, however.
that when Mr.. Cans and Mr.. Schin see
that he Is determined IN gain possession
OF the letters they will give up tho fight
and produce them without the necessity
of q long drawn out action In the courts.
The Bar Expected to Act.
An Investigation by the Bar Associa-
tion is expected 10 be added to those AL
ready under way in the early part OF next
week. Several influential members OF
tho association have demanded that ac-
ton he taken. and 1t is now practically
assured that an investigation will be or
dered as soon as Justice Gerard's de-
cision on the writ of haheas corpus is
handed down. Justice Gerard sent yes
terday for a certified copy Of Brandts
n,ea before the Court of General Ses-
sions. and 1t is believed that his decision
Will be announced tomorrow, as II Is
known that he desires to render 1t be-
fore ex-Judge Hand begins his investi-
cation as a special commissioners for
Governor Dix.
Ex-Judge Hand announced yesterday
that he would begin his investigation ut
II n. m. on Tuesday I'm the rooms of the
Public Service Commission, on the third
floor Of the Tribune Building. He said
that the hearings would he open, and
any one who had any information to Of
fer would be heard. SO far as he knew.
he added no subpnnas had been served.
and he did not expect to Issue any.
This announcement Of the date for be-
ginning the hearings before ex-Judge
Hand. with the expectation that Justice
Gerard's decision on the writ of habeas
corpus will come Tomorrow, fixes the
date for the beginning of the investiga-
tion bv the Bar Association at Monday
OF i ueSuh9'
Mr.. Cans said yesterday that he would
welcome any investigation by the Bar
Association, but that 1t seemed to him
such an inquiry should be deferred until
after the termination OF the court pro-
ceedings.
"Chrystie Was an Associate"
When Il was called 10 his attention
that the name of Einar Chrystie. counsel
to the grievance committee of the Bar
ASS CLIFTON, appeared on the letterhead
IN which Mr.. Ganss letter to Commits
sion4r bingham commenting the work
., natectIye woodbridge in the Brandt
case was written. he said;
.I, Is true that at that time Mr.
Continued on second page.