New-York tribune., 1912-04-05
RETAINED TO PROBE GANS|
James w. Osborne to Act for Cit
liens, but Under Carmody.
BRANDT CASE THE BASIS
Object in View Proceedings Be-
fore Appellate Division for
Disbarment.

James W. Osborne was retained yester-
day as the counsel 10 investigate the pro-
fessional career Of Howard $. Cans. with
view OF bringing proceedings before the
Appellate Division for the disbarment of
Cans. Mr. Osborne has been retained by
number of citizens who have Joined to-
gether for the purpose Of having full
inquiry into all the legal activities OF Cans.
hut he is working directly under Attorney
General Carmody. After appearing before
he Appellate Division yesterday in the
Brandt case the Attorney General spent
The greater part of the afternoon working
on the case of Cans.
He had a long conference with Nh Os-
borne and afterward the Attorney General
and Deputy Attorney General McQuaid
spent more than an hour in conference with
District Attorney Whitman at the Crimi-
nal Courts Building.
'"The investigation OF Howard Cans with
view 10 disbarment proceedings before
the Appellate Division is I'm progress the
Attorney General said, when he came out
Of the District Attorneys Office.
Gans's conduct in the Brandt case will be
the chief subject 10 be Investigated and
will be the basis of any motion that may
he made for his disbarment, but other
cases with which he has been connected
will also he carefully inquired into
large part Of the testimony taken by the
grand jury in the Brandt case will be gone
over by Mr Osborne, and will be included
IN tho papers submitted TO the Appellate
Division. In addition to this there will be
included the details of many more cases
in which Cans has appeared.
II is the intention TO have the investiga-
ton Of the most thorough nature, and
search Will he made into every nook and
Granny Of Gans's career including both the
rcriods when he was an Assistant District
Attorney and the time spent in private
practice This investigation is likely to
take several weeks, and when the papers
the fled with the Appellate Division the
motion for disharment will probably he
made by a private citizen. This was the
case when charges were filed against
Magistrate Deuel. Cans who was then an
Assistant District Attorney, made the mo-
tion for disbarment as a private citizen.
II has been definitely decided TO take the
case directly TO the Appellate Division.
Neither the Bar Association nor the New
York County Bar Association will be asked
10 make an inquiry. The Appellate Di-
vision will be asked TO appoint referee TO
take testimony and report on the charges.
Hamilton Odell and eX-Judge Gidersleeve
are the referees most frequently appointed
in disbarment proceedings. Ex-Judge G!l-
dersleeve is now acting as referee IN the
actions brought for the disbarment OF Au-
gust P. Wagener, eX-Judge Smith Lent, of
Westchester County: Edward A. McQuade,
Henry NJ Heymann and Municipal Court
Justice Leonard a. Snitkin.
District Attorney Whitman is not al pres
cnt taking an active part in the investiGa-
ton Of Cans. The greater part Of his time
has been taken up with the Hyde case for
the last few days. The records OF the Dis
trct Attorneys Office have been placed al
the disposal OF Mr.. Osborne, however, and
all the assistance possible will be rendered
20 him. In few days the District Attor-
ncy expects 10 be able to give more OF his
own time 10 the Cans case, and in tht
mean time Attorney General Carmody Is
taking an active part in the inquiry, and
The Office OF the Attorney General, as vel
as that Of the District Attorney and Mr.
Osborne, is engaged in delving into the
career Of Cans