The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-18
OSBORNE FIGHTS TO
GET JURY MINUTES
Warden Entitled to Know Ma
ture Of Charges Against
Him, Says Lawyer.
MORE TINE FOR INQUIRY

WHITE PLAINS, N. r., Dec. 1T.--Jus-
ticc Morschauser announced to-day that
tho Grand Jury investigating conditions
at Sing Sing will not be able to complete
It's inquiry this month and hat he has
decided to continue his present term Of
court into January. until the Jurors are
through with their work.
This came as a surprise, es II was
said yesterday hat the jury would finish
Its investigation by next Wednesday.
The change evidently is due to the de-
termination Of the jurors to hear Warden
Osborne's side Of the controversy before
taking any action.
There Was n report to-day that when
the Legislature meets a legislative COM
mittee will be appointed to Investigate
Sing Sing prison with regard particularly
to the crowding OF prisoners In the main
building. This leads to the belief that
"A new prison may be built.
That Warden Osborne Is determined to
make a fight for the minutes of the
Grand Jury and the affidavits which As
oistsAiib DiStIiCt HttoTuty -.
Fallon said in open court showed that
the warden was morally UNIT to he In
charge Of the prison was shown to-day
when his lawyer. George Gordon Battle.
appeared before Justice Morschauser and
made a motion that all the evidence Of
the Grand Jury and the afida Wits be
fled In court Immediately and that the
testimony taken hereafter be filed daily.
Mr.. Battle said the warden WAS anxious
to find out who made the a~fiidavits 80 he
can have u chance to combat them.
"Mr. Fallon stated that the testimony
heretofore given to the Grand Jury o n
tanned charges Of immortality and read
from tho minutes of the testimony at
some length said MIR. Battle. He
further said hat he had afidavits which
lse contended su~bstantiated the charges
of personal immortality. When these
charges were denied ny counsel for Mr..
Osborne. Mr.. t'allon offered to file the
minutes and afidavits and now we ac-
cept his Offer. because We are very
anxious To have them made public"
Mr.. Battle said the motion was made
under unusual circumstances in fact he
believed 1t was made under circum-
stances which had never arisen In court
before. This caused the following re-
jolnder from Justice Morschauser
81 never heard q motion like this be-
fore. | don't think one like 1t has ever
been made before In any court. II |
should make a precedent In this kind of
case ! would hsv. TO follow the rule in
every other case"
Mr.. Battle contendei that the Grand
Jury was only al %aprendage TO the court
and hat the court had the right To grant
tre motion as q matter ~ discretion be-
cause OF the extraordinary conditions that
had brought about the motion by the
direct offer Of the District Attorney Ia
fle the minutes without any motion hav-
ing been made.
Mr.. Battle subrpitted n brief on the
risht 81 the court TO grant his motion
IN which he said
"Mr. Osborne is entitled as a matter oi
common Justice and fair play to know
the nature of the testimony and ths
names of the witnesses upon which the
District Attorney has made publicly
these monstrous charges against him
lie " entitled to this knowledge SO that
lie may present tn the Grand Jury wit
nesses who can contradict such alleged
testimony. He IL entitled to the RELIEF
he asks TO the end that he may protect
himself against these alleged witnesses
LOUNGES as vile perJurers. The
District Attorney by offering in ope;
court to file the testimony and afidaNits
has certified to the court that the publ,
interests will not suffer by making suct
testimony II aifidavits public.
TIVE District Attorney is the sworn