New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-28
COURT ORDER FOR BARNES
To Show Why He Shouldn't Go to
Jail Till He Answers Osborne.
MOTION COMES UP MONDAY
Testimony at Albany Inquiry
Shows 470 County Indictments
Were Dismissed at Once.
IBv r.i.granh 70 tn. Tribune J

Albany. Oct flames W. Osborne.
chief counsel for the Albany investigating
committee to-day secured from Justice 20
ssph A. Kellogg ar Ballston an order d.
recting William Barnes ir.. Republican
state chairman. 70 show cause why there
should not he issued 70 the Sheriff of Al
banv County a warrant commanding him
70 commit Mr. Barnes TO the Albany Jail
until he answers certain questions and pro-
duces before the committee the books Of
his newspaper. The Albany Evening Jour
nal" The argument on the motion VIII
take place az The special term before JUS
.ice Kellogg az Baston on Monday. Mr..
Barnes is now In New York, and the order.
II is understood. had not been served on
Rim this afternoon.
Mr. Osborne TO-DAY announced that he
had received letter from Anthony y.
Brady stating that several wears ago he
purcha sed for 5000 thirty shares OF tho
preferred stock OF The Albany Evening
Journal" This question was put 70 Mr..
Brady bv letter because of the refusal Of
Mr. Barnes and his business manager.
John n Lindsay. 10 produce the books Of
the Journal company.
IN Inc testimony 'N-UfN IT. N'r 'ii.''''
that lust before George Addnston, now
county Judge. retired from the office N
District Attorney in 1907 about 40 indict-
ments were dismissed II to County court
chairman Bavne asked that these cases ne
noted and certified N the committee. and
they will probably form basis for large
part Of the testimony that will be called
| for next week nv Mr. Osborne.
District Attorney Pollin B Sanford. who
/ took his office January I. zoos, when called
/ 70 the stand was asked about three indi't-
/ 71ents against Mrs Mary McNash, or Mabel
/ GRAY which we're dismissed on his recon-
/ n1endation in 1903 These indictments
we're found in toos under District Attorner
/ Addington. and Mr. sanford said when this
was called 10 his attention that they had
become so old that the witnesses had dis
appeared. and n would have been impossi
bic m convict lie said that Mr.. smith.
NJ tho Excise Department had asked
MIN az the request ~ New YORK isNt er'
/ either 70 bring the woman 70 trial or - dis
miss tho indictments As he felt tha'
nothing could ne gained hv ? trial IN per
rntted tho dismissal n the indictments. as
the woman had some rrop"rtv rights heTe
and wanted ~ proceed against hor bonds
man Asked about the practice NJ pigeon
boiling indictments Nr SANFORD said thai
in some cases IT. wa "a good ono. but Mr.
Osborne disagreed with him,
Tfmoth- r Kervir. tie hlh1nv POLL.
tician. who is uor the owner Of the house,
Of Irs. MARI McNash. i'm Dalliua -'root
testified that while -ho was undor ndio'
! rront for abduction ho iuter0eIod for no'
with District Attor7ev NddinCton re said
ne did zo or If rrwcatrv. and when
a-ked what influence he had over Mr Adj
ding-o0 ro cause tna piGeonholing If tho
indictments -aid that e. was throug
friendship He said ho had indorzed a note
for Judge sd]irE+o1 for 30"
Mr. Kerrin then appealed 20 NJ Osborn
70 stop the attack on him. To denied thai
he had ever taken sea- from N-s N"N1S.
! for protection" a. she had testified yos
,srdav. and said that he didn't Tsnt th'
houses in Dallius street. bu- had ~ t1I'
them 20 satisfy debt
The hearing was adioIrne4 INIT TT'sl--
Chairman Parnes % tho Republican state
Committee. M mis- desk In state h-aaquar
tors IN West 18th street yesterday after
noon. said no did not care 70 say 7uvthin7
about tho order issued By Supreme 'onr
Justice Kellogg directing him 20 SHOW - 7'
WHY he should not be punished lor con
ienut of court i'm refusing 20 answer eer
tain questions put 20 him b. the leg.s.auT'
committee that Is investigating tho AFFAIR."
Of Albany county
n regard 20 the story thai chairman
Barnes had determined 70 rotahate and
have IN investigation Of Charles r N1-Dh'
and his relations with the government NJ
~ev York city. Chairman Barnes =atd. II
2 Republican Legislature is elected TINS fan
as now believe it will be- r. 7.' inst
futa whatever public investigations - ae"n''
~ to required 7 shall have nothing TO do