New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-13
MCDONALD NOT
GUILTY OF ASSAULT
Continued from page !

space, and villagers damned in until
there was no more room, and then hung
about in tie Railways and on the stairs,
in hope Of Caring a seat
Much time was lost in selecting
jurors. II had been rUmored that
plot was on foot to fiji the jury box
with members Of the fratcTHal order
with which Macdonald was associated.
The prosecution was obliged to use
four Of its five challenges to forestall
this move. John b. Powers. one time
superintendent of Industries at the
prison. who was removed following an
investigation there by William Church
Osborne several years ago, was one of
the men challenged.
Warden Osborne was the first wit
ness. lie appeared cool Following
his direct examination. Benjamin Fa-
gan, MacDonald's lawyer, cross-exam-
med him. Leaning back in the wit
ness chair, the warden assumed a
quiet pose which the questions of the
lawyer for the defence could not
shake. His answers were short and
TO the point. Never once could Pagan
confuse him.
Osborne Tells of Visit.
Macdonald presented himself at Sing
Sing. Mr.. Osborne said during his dl-
rect examination, al 8 o'clock on the
morning of Becker's execution. He
asked TO see the warden, when refused
admission 20 the institution, and was
told that he was asleep. He demanded
that he be awakened The warden
told Of how Riley's agent came to his
room and said he wanted permission
TO enter the prison. This was given
and Osborne went to sleep again, tired
out by the all-night vigil over Becker.
little later, while he was at break
fast, he LEANED that Macdonald had
taken papers from the safe and had
left With his private secretary, Tim
O'Connor. and his brother, j. j. O'Con-
nor. Mr.. Osborne hurried to the sta
ton, where he saw the Superint endent
Of Prisona's confidential agent sitting
on the platform.
u said to him." Mr. Osborne testi-
fed, "I want those papers, MacDon-
aid He replied that he was acting
under the orders OF the Superintend-
ent of Prisons.
81 don't care If you are acting un-
der orders from the President of the
United States!' replied. lie said,
Don't touch that bag!' This was the
first time | WAS sure where the papers
were"
Agent Starts Fight.
The warden then related how he had
taken the papers from the bag, and
how Macdonald sprang az him.
ale struck me on the chest with
one hand. Then he seized my tie and
shirt and pulled so hard he tore off
button, which / picked up on the sta
tion platform afterward."
Macdonald was pulled away by the
O'Connors and later arrested.
Under cross-cxamination, Mr.. Pagan
tried hard to show that Macdonald
was acting within his rights in taking
official papers from the prison. This
move was blocked By Mr.. Osborne,
who said there was a mass Of private
correspondence in the documents the
agent took. Several letters Of a pri-
waite nature were read to the jury.
The warden's story Of the scuiiie on
the platform was indorsed by station
employees who witnessed it. William
Rice. a ticket agent, said Macdonald
purchased from him ticket 10 Albany
at 500.
Il told him." Rice said, you'll have
a long time TO wait He said, 4 want 10
get out Of this place as quick as
can.
The ticket agents story OF the war
den's stormy interview with MacDOn-
aid tailed with Mr.. Osborne's. Several
other station employees also corrobo-
rated il.
MacDonald's account of the struggle
for the papers differed greatly, how
ever. He insisted that tn. warden
threw him down, and that the O'Con-
nOrs kicked him several times while
he was lying PROSTATE.
on denomination. he admitted he
had chosen that time 10 visit the
prison because he had read in the
papers that Mr. Osborne would be alb
sent during Becker's execution. When
he found ne was barred. he gained adj
mittance 20 the wsrden's bedroom and
found him just awakened
This is q peculiar state Of affairs"