The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-24
Will Lay Before Governor
Case Of Mrs. Ellert, At
tackedin Cassidy Club.
POSSIBILITY OF REMOVAL
Fate Of District Attorney Of
Queens Now Rests With
State Executive.

within q few days, n District Attorney
J. Smith OF Queens has appsr-
entity tried TO protect James Herernan
and Harry Scanlou. both OF whom have
been tried on charges OF attacking six
teen-year-old Mrs. Ebert In the Cassidy
clubhouse in Long Island City. Heffer-
nan has been convicted and faces three
to Ave years in Sing Sing
The Governor and Attorney. General
Carmody have been flooded with corn
plants about the case and urglngs 10
have Scanlon. IN whose case the jury dis
agreed, retired at once. This can be done
only with Gov. Gyms sanction, since IL
will be necessary for him to call h special
term OF the supreme Court and designate
a Justice 10 cit at the second trial
Carmody Reaches Decision.
Tns decision 70 refer the cnarges
against District Attorney Smith To Gov.
Glynn at once was reached AZ u conference
IN this city yesterday between Attorney
General Ca.mody and his deputy, william
A. McOuaid. who prosecuted Ileffernan
and Scanlon.
The Attorney came to New
York especially for this conference. He
was cIoseted with Mr. McQua!d more
than an hour. At the end OF that time
lac LEFT directly for Albany and NJ. Nc.
ouaid gave on; this statement;
Acknowledgement carmody con-
terred this afternoon with Deputy
Attorney General McQusid at his
New York city bureau, 2ss Broad
way, In reference to The Ellert case.
THE conduct OF the case By Dis
trio. Attorney Smith " queens
county. both while i: was in his
charge and after its removal from
his hands by Gov Glyun. was given
careful consideration. At the end OF
the conference the Attorney General
instructed Deputy McQua!d to collect
all the court records bearing on the
case including the stenosrapher's
minutes OF the Heffernan and Sean
Ion trials. for submission TO the Gov
ernor.' % .s.
Neither Mr.. Catmody nor AR. McQuaid
would add TO this statement. II II known
however, that their discussion covered
every aspect OF the affair from the day In
December last when Clara Ellert was
taken from District Attorney Smiths of'ice
to the Democratic Club house across the
square and there attacked TO the day OF
Justice Scudder's sharp remarks OF tbs
close OF the HeffeInan trial.
I smiths Delay DIscusaed.
D
I County Judge Burt !. Humphrey haC
called him to hear Mis-. Ellerts story wa'
first considered. The District Attorne,
saws that he spoke of the case to tn
Quee.s March Grand Jury, which decided
not TO hear Mrs Ebert and to let III
matter drop Judge Humphrey thel
asked the April Grand Jury TO consde
the case Smith objected on the groun,
that he had already spoken to the Marcl
Grand Jury When Judge Humphre,
asked 20 see the minutes OF the Marc
Grand Jury on the subject they were no
forthcoming.
mody Judge Humphrey insisted that m
April Grand Jury hear Mrs. Ellert. Sh
was called ard the way in which she va
treated by men from Smiths Office In tn
Grand Jury room caused Justice Scuddc
10 call her examination the most out
fageous procedure he had ever heard O
Mr.. McQuaid showed the At;orney-Geners
the minutes OF this hearing In supper
OF the statement tina; Mrs Ellert wa
abused and insulted and that everythin
possible was done TO dscred!t her
The deputy then called Mr.. CaTnody
attention to the fac, that after hearin
Mrs. Ebert the April Grand Jury lndicte
Heffernan and SCanlon. Here the recor
Indicated that no attempt was made I
arrest either FOR some t!me. TIE neN
point was the appearance of District A
torTey Smith before Justice Garretson
the Supreme Court TO ask that the indie
mems be dismissed.
Justice Garretson not only refused
dismiss them. but ordered Hefrernan al
Scanlon locked up At once. They WEI
then arrested and released In bail. NJ
4 McQuaid explained. Justice Garretso
asked Gov. Glynn to take their prosec'
ton out o! Smiths hands and the Coz
ernor designated Mr.. McQuaid to condu
, the trials. In conclusion Mr.. McQua
drew his chiefs attention to the IA
that three of Smiths Assistant Distri
Attorneys, two OF his clerks. and Coun,
Detective jim Cassidy, brother of the col
vlcted boss. and attached 10 Smiths ofiic
were witnesses for Hefernan and Sea-
lon and against the people.
. The Attorney-Genera took note OF Ju
tice Scudder's remarks from the bench
" which the Justice expressed his convi
Il ton that lieffernan's counsel knew {
;, about the peoples case. although q
privilege to inspect the Grand Jury mi
! utes had been denied him.
:, Mr.. Carmody thought that the reco
of the case az II stood was sufficient
+ merit It's being brought Immediately
. Gov Glynn'a attention.
Politics. Asserts smith.
Gov Glynn had gone to Chicago la
!, night but IL was said in Albany that {
whole affair. including the question OF !
trying Scanlon at once, would have
immediate attention as soon as he
II turned. Attorney General Carmody eXpet
r TO take the case up with the Governor I
g. later than Friday by special appointme
|; District Attorney Smith, told that \
Carmody had decided 10 bring the mat,
=, 10 the Governors attention without II
- Their investigation, said
a H.. -.