New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-01
OSBORNE LOSES TEMPER
Threatens to Resign When VAIN
wright CritiCises Methods.
OBSTACLES IN HIS PATH
Committee UphOlds Witness
Who Objected to Producing
Books-No Sessions
Next Week.
INV Telerrarh to The Trihune. |


Albany. oct 3l-It was announced this
afternoon that the Albany investigating
committee will not sit next week. The com
mittee hearings will probably not last more
than a week after that. Organization Re
publicans of Albany declare that the prob
ers will naturally continue their work for a
short time after election merely for the
purpose Of meeting the criticism that the
committee was created for political pur-
poses only.
James W. Osborne, the chief counsel OF
the committee, is anxious to get as much
testimony in before election as possible
and on several occasions to-day he dis
PLAYED his lmpatience when delays were
caused by discussions between witnesses
and members Of the committee. lie even
wanted TO hold a hearing on Monday. but
II was later decided 10 give up this idea
Mr.. Osbornes inquisitorial path was beset
with obstacles to-day. and on one occasion
his anger got the better Of him. resulting
in his threatening to resign. While he was
examining District Attorney Sanford SEN
ator Wainwrieht objected 10 his manner
toward the witness. Here is a public
officer elected by the people OF Albany
County, as we have BEEN Senator VAIN
wright said 81 must protest against Mr.
Osborne's attitude toward this witness lie
should not 20 at him as if he were
criminal or trial"
And | protest against that speech OF
YOURS" Mr.. Osborne retortcd, ''and II any
more Of these speeches are made ! am
going to resign. If any one intmates TO
me what they want done in examination
= IN az "A
criminal
Mr.. Osborne declared If there were any
rebukes he wanted them to come from the
Chairman. and Senator Wainwright retortcd
that il ne had anything to say he would
say II. Chairman Bayne, with some DIM
Guilty. brought about a state Of peace again
The next obstacle was encountered when
W. y. Sanders cashier of the Albany
County Bank, was called 10 the stand. Mr.
Sanders was subpenacd 10 produce books
Of the bank showing the accounts OF -. H.
Ponder now treasurer of the Republican
state Committee. with the Albany County
Republican organization, and any notes or
bills Mr Bender Endorsed. Mr.. Sanders
said that ne had not produced these ac-
counts on the advice Of hiSattorncys who
Icld that he should have had five days
notice before answering tho subpoena. MI
Osborne declared that the five days notice
old not apply I'm this case, and that he
wanted the books Immediately. Tho COM
niittee, however ovcrrucd his demand The
FIVE DAYS will he up on Monday, and as
there will be no hearing on that day this
testimony cannot be secured until after
election
During tho examination of District At
torney Sanford by Mr.. Osborne IT was
brought out that the two, although both
prosecuting officers disagreed widely as to
the duties of District Attorney. Asked
about the practice Of pigeon-holinG old IN
dictmonts. Mr.. Sanford said that eel such
indictments were left TO him by former
district attorneys. 9D0 Of them 10y eX-Su-
prerne Court Justice ID. Cady Hcrrick when
ne was District Attorney I'm 1883. Speaking
Of these former district attorneys, Mr. san
ford said they were an good men; therefore,
he had never questioned their judgment ny
making an investigation Of the indictments
Mr. Sanford held that IN first otiehce
casos whore the stigma of trial or con-
yiction might make an hahitual criminal
ant or a Young man. better results wcre ac-
complished by holding mp an indictment.
He said this had been the practice IN the
District Attorneys Office I'm Albany County
for years and that ne was merely follow
ing in the footsteps Of his predecessors.
Mr. Osborne. however, held that a DlSlrl't
Attorney had no discretion I'm the matter
and that the law required him to dlhof
nrcss or dismiss an indictment