New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-18
PROMISES
OSBORNE'S SIDE
FULL HEARING
Grand Jury Must Listen to
Warden's Witnesses Be-
fore Disbanding.
NATURE OF CHARGES
WITHHELD AT PRESENT
R. Nj. Hurd, Chairman OF State
Prison Commission, on Stand
at Westminster.

at Westminster.
Thomas Mott Osborne scored VIC
tory and suffered a defeat In the Su-
preme Court in White Plains yesterday
The victory lay in the announcement oy
the court that the grand jury would
not be allowed TO end It's Sing Sing In
ouiry until the witnesses favorable to
the warden had been heard. he lost on
his demand that the accusations
against him be made public immediate
ly. On this point the decision was re-
served
This demand, based upon the making
Of the charges In open court and the
reading Of part Of the minutes and one
affidavit against him by Assistant Dis
trict Attorney william J. Fallon, was
argued by George Gordon Battle. Mr..
Battle urged that fair play and equity
demanded that Osborne be allowed to
know the charges against him.
The Assistant District Attorney, he
said, had offered to make public every
thing connected with the case and the
offer had been accepted orally and In
writing.
"Mr. Osborne Is entitled as a matter
Of common justice and fair play sald
Mr.. Battle, "to know the nature Of the
testimony and the names Of the wit
nesses upon which the District Attor
ney has made publicly these monstrous
charges against him.
Every man accused Of crime Is en-
titled to know the name Of his &C
cuser and the nature Of the &C
cusations. Mr.. Osborne is GER
tainly entitled to this fundamental
right By virture Of the charge made
against Mr.. Osborne by the District
Attorney, the so-called investigation
before the grand jury has become a
prosecution against Mr. Osborne. He
is entitled, therefore, to the protection
Of the court, as is every defendant; and
he should, therefore, be allowed to
have the names Of the witnesses and
the nature Of their testimony against
him, as every defendant is entitled to
that privilege"
Assistant District Attorney Walter j.
Ferris, for Mr.. Weeks, did not oppose
the motion, agreeing TO do whatever
the court might decide TO be the prop
e- thing.
81 never heard of such a notion"
said the court, "and while believe |
have the power to make the order
asked, fear that by doing so | might
establish a dangerous precedent"
There is no danger Of that, your
honor" assured Mr.. Battle, "for the
very good reason that this is a most
unusual case and one that will in all
probability never arise again"
"A charge" said the court, never
amounts 10 anything unless II is backed
up by an indictment or a conviction.
The public must take the view that
the law is laid down for IL the same a.
the courts above lay down the law we
have TO follow. / am not trying this
case for the public. / am trying II for
myself, for my conscience and for JUS
tice. | do not care who is affected.
What | am most interested in is to see
that Mr.. Osborne gets justice and that
the peoples rights are cared for.
mo ma ter what accusation Is made,
It cannot mean anything until an in
dictment or a conviction is had"
Following this the court announced
that the December grand jury would
be continued until the Osborne wit
nesses were heard. The proceedings
concluded by the court promising a
decision some time next week.
While these proceedings were going
on, Richard NJ. Hurd, chairman CT the
State Prison Commission and president
Of the Lawyers Mortgage Company,
was being heard before the grand jury.
He is an ardent defender Of the Os-
borne system, and for two hours he
was explaining and answering ques-
tons When he left the jury room II
developed that the unusual request that
he not tell the newspapers what he had
testified to had been made OF. him and
that he had given his word as re-
quested.
81 must say, however" he said, "that
Messrs. Weeks and Fallon were most
courteous"
Herbert Carpenter, a wealthy resi-
dent of Scsrboro, who has done much
work among the prisoners in Sing Sing
was the only other witness heard. On
Monday George E. Reynolds, the pio-
neer prison worker Of the Christian
Science faith, is scheduled to testify.
He has been engaged in work at Sing
Sing for three years, and from his work
there the prison movement among
Christian Scientists has spread all
over the United States, to Australia
and to Germany. He is a strong advo-
cate OF Osborne methods and a de
fender Of the warden.