The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-11
OSBORNE Is SILENT
BEFORE GRAND JURY
Warden Gets His Chance to
Testify, but Refuses to
Tell Secrets.
IN A ROW WITH WEEKS

WHITE PLAINS, Dec. 10.-warden Os-
! borne had his opportunity to-day to
testify before the Grand Jury which has
been investigating Sing Sing for five
weeks. and he caine pretty close to de-
Tying that body to make him tell any
thing he did not want to tell.
The warden began the day with a
dispute with District Attorney Weeks
about the wording Of his waiver of i'm
munity. He ended II with a refusal to
tell the Grand Jury things which prison.
ers had confessed to him In confidence.
Thereupon Mr.. Weeks %nounc that
unless Mr.. Osborne changed his mind
by Monday he needn't come around to
testify any more. Mr.. Osborne was still
firm tonight In his determination not
TO betray condolences for the Grand Jury
or any one else. but said he would be on
hand Monday.
The warden's refusal to answer ques-
tions occurred in the case OF James
Harvey. a convict concerned In cases Of
immortality that lave resulted In twen-
ty-one indictments. Mr.. Osborne main
tained steadfastly that the Information
he had about cases in which Harvey
was involved had been given by con-
victs with the understanding that he
would not divulge It. so he was under
the seal of the confessional" He felt
also. according to Huntington w. Mer-
chant. his lawyer. that he was not at
liberty to divulge such Information when
II might incriminate another, though he
was willing to tell anything about HIM
self or his administration.
Mr.. Merchant issued a statement after
Mr.. Weeks had told Of the Grand Jury's
decision to have no more OF Warden
Osborne unless he answered It's questions
about Harvey. saying that the warden
would gladly tell all about himself. but
he baked ut a breach Of faith with pr1s-
oners.
Justice Morschauser was called on to
arbitrate the dispute when Warden Os-
borne would not sign the waiver as Mr..
Weeks had prepared II. As originally
drafted the waiver specified that Mr..
Osborne waived immunity from prosecu-
ton for 'acts and omissions and crimes
which may have been committed by me-"
81 won't sign that" said the warden.
TIC do so would be TO DIN that ! had
been guilty of omissions and crimes.
and ] won't do II. 1t would be a con-
f%ession, not n waiver"
The warden objected also TO the
phrase. "in the investigation of my acts
asserting that the stated object Of the
Grand Jury inquiry had been to inquire
into the acts Of convicts, not OF the
warden.
Mr.. Merchant supported his client
vehemently. and there was another
wordy combat. this time In the District
Attorneys office. the sounds OF which
were clearly audible outside. Then all
concerned repaired to Justice Morschau-
ser's room In the court house. The
Judge suggested that the word alleged
be inserted before ''acts. omissions and
crimes" The warden agreed.
"Now. Mr.. Osborne" said Mr.. WseN
dra wing himself UP to all his six feet
four inches. ''sign that waiver. or else
forever after old your peace"
Mr.. osborne signed the waive- made
the judge q neat speech Of q and
went before the Grand Jury.
The warden and Mr.. Merchant wtshed
II made especially clear that Mr.. Os.
borne in refusing to testify concerning
convicts' confession not only did moi
claim his constitutional rights. meaning
that to give such testimony would tend
TO incriminate or degrade him. but ex-
pressly stipulated that he voluntarily
said that he waived those rights.
Mr.. Osborne will go TO Albany to-
morrow morning. where II IL understood
that eside keeping a lecture ngage
ment he will see Gov. Whitman.
Whether or not he will complain OF
the conduct Of the Grand Jury inquiry
neither he nor any ono else would say.