New-York tribune., 1912-02-15
GERARD COULDN'T SERVE
Rosalsky Postpones the ex-
Wallets Rearraignment 'Tndefi.
nitely" to Await Decision
on Habeas Corpus.
INDICTMENTS ARE EXPECTED
Woodbridge Tells Grand Jury He Signed
False Report Giving Brandt's
Record Whitman Won't
Issue Subpenas for
Either M. L. Schiff
or II. S. Cans.

Either M. L. Schiff
or II. S. Cans.
Richard J.. Hand, former president OF
| the State Bar Association and commits
sioner in charges against William Trav-
ers Jerome In 1908, was appointed by
Governor Dix yesterday as special COM
missioner to investigate the Brandt case.
| This appointment superseded that OF
Justice James w. Gerard, who was In
doubt as to the legality of Supreme
| Court justice accepting such an appoint
ment Justice Gerard wired Governor
Dix yesterday that he could not accept,
| and was apprised by the Governor on a
return wire of the appointment Of Mr.
Hand.
At his home. No. 20 Fifth avenue, Mr.
Hand said last night that as soon as he
received the official papers confirming
his appointment his first step would be
to call conference Of the lawyers In
terested in the case TO determine all
questions of procedure and detail.
MY own idea is that all those who are
interested and whose interest is justi-
fed" said Mr.. Hand, should appear at
this conference. OF course, the Attorney
General or a representative from his Of
fee should represent the state in whose
custody Brandt now is, and l would ex-
pect the District Attorney and those law
lyers whose interest in the case is justi-
fed. This would include the lawyers
who have appeared for the complainant
as we'll as for the defendant"
Mr.. Hand was the special commissioner
appointed by Governor Hughes in April.
1908, to take testimony in the case u
the charges against former District Al
torney Jerome made by a committee of
stockholders of the Metropolitan Street
Railway Company. He is a Democrat.
a graduate OF Union College, class Of
IS, and was president Of the New York
State Bar Association in 1904 and 1906.
He is seventy three years old.
AS to his plan of procedure Mr.. Hand
said last night that he would leave ali
such details until after the conference
of lawyers interested, his chief idea be
ling that the matter should be taken up
Immediately, and that it's consideration
should be in public hearings.
"Needs Immediate Public Hearing
TT seems TO me that in this case an
immediate and public hearing is what is
needed, but as to the entire question Of
when and how it shall be taken up will
wait until we have had a conference"
| Mr.. Hand said.
Meanwhile the grand jury investiga-
ton of the method Of Brandt's previous
! conviction began yesterday. and will go
on. Indictments for conspiracy are ex-
pected.
| Howard S. Cans, the latest feature OF
whose connection with the case was
made apparent by the extracts from his
letter to Inspector Mclaughlin, pub
| lished in The Tribune yesterday, made a
second and still unsuccessful attempt TO
have himself subpenaed as witness
before the grand jury yesterday
The following extract from a letter
written by Howard S. Cans to Inspector
Mclaughlin, at the head Of the De-
tective Bureau when the police were
looking up a criminal record for Brandt.
was made public yesterday:
I should imagine that we will he able to
fenced next Thursday. but can, Of course.
have the date OF sentence ADJOURNED II
necessary.
The letter ended as follows
N, idea is. Of course. 10 be able 10 pre-
sent TO Judge Rosalsky a record which,
taken in connection with the character OF
the defendants S eriIne; ine;cn VIII require 'he nn
With thanks for your many kindnesses
IN this matter, / am. faithfully yours.
- HOWARD s. CANS.
II was learned that late in the after
mon Mr.. Cans sent a letter by special
messenger from his Office to the District
Attorney asking that he be called as
grand Jury witness. A week ago fe
made similar appeal i'm person, but it
was reported on the best authority that
Mr.. Cans would not be allowed 10 testify
before the grand jury, and thus gain i'm
munity from possible prosecution.
When Mr.. Cans was asked last night
about his letter requesting the privilege
of testifying before the grand jury his
only answer was;
"I cannot discuss that
Urged TO make some comment upon IT,.
or 70 give his reason for his request, MIR.
Cans declined, and then added;
From now on / shall make no utter
ance Of any. kind in this case except in
court"
Although every one else concerned
with the old case against Brandt. in
cluding Detective Woolridge and In
spector Mclaughlin, has had or is to
have a chance to testify before the grand
iurv. Mortimer l.. Schiff will not be
subpenaed
The Expected indictments.
II was explained that the expected in /.
d,ctments would be under a charge OF
conspiracy and that the conspiracy
charge would hold chiefly because Of the
fact that it was a continuing con-
spiracy." because the letters, statements