New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-14
OSBORNE ACCUSED
OF IMMORTALITY,
ASKS FAIR PLAY
Convict's Affidavit Charg-
ing Serious Crime Read
in Open Court.
WARDEN PASSES LIE
TO ATTORNEY WEEKS

mo Need of Becoming Hysteri-
cal; Everybody Will Get His
Rights Here" Says Judge.
Inslnuatlons against the morals Of
Thomas Mott Osborne, warden of Sing
Sing. which have been rife since the
Nestchester Grand Jury began its in
qulry into affairs in the prison, crys-
tallized into concrete charges yesterday
when Assistant District Attorney Will
lam J. Fallon, in open court, read the
affidavit of one Paul Vogel, convict,
charging a serious crime.
Fallon followed this up by an offer
TO make all the testimony and numerous
other afiidavits of similar nature pub
lie if Mr. Osborne would consent.
George Gordon Battle and Huntington
W. Merchant. BY direction of Mr. o.
borne, accepted the offer, but up to the
hour Of closing court last night these
papers had not been filed.
Nor had any time been set when they
would be filed. Mr.. Fallon telling the
reporters who asked for them that ne
did not know when the testimony and
afidavi;s would be filed and that he
would not make them public until he
received instructions from Justice Jo-
seph Morschauser to do so. He did not
know, ne said. when ne would ask FOR
such instructions
Warden Seeks Fair Play.
II was apparently the intention OF
the warden and his lawyers wnen they
went to White Plains yesterday TO
force District Attorney Weeks and his
assistants to come out into the open
with their charges.
To do this Mr.. Merchant, as Mr.. Os-
borne's personal counsel, and Mr..
Battle as counsel for the National
Prison Reform Association, filed with
Justice Morschauser twenty-four-page
brief charging the District Attorneys
Office with attempting TO prejudice him
before the grand jury, of forcing con-
victs to testify against him, of refusing
to call witnesses he had asked be
called, of allowing William Willett, con-
victed Of trying 70 buy a judgeship. to
conduct the inquiry. and had sought to
compel him TO testify 70 confessions
made him by prisoners which he be-
lieyed were privileged and were con-
hdential.
lie further described the workings
of the Mutual Welfare League, declared
that the practice Of guaranteeing con-
fdence to prisoners who might confess
TO certain offences had grown up I'M
der the promise o. John B. Riley, Su-
perintendent of Prisons, that such con-
fessions should not be used against
the mer making them. ana quoted the
grand jury presentment Of June. 1913,
TO the effect that immortality, such as
it is now sought 10 punish, was taken
for granted and the specific crime
complained OF rife"
81 want TO make II perfectly clear e.
the court" said the warden in his peti-
tion. that | have not the least oblec-
tiOn to answering any possible question
that the District Attorney may ask me
concerning myself or concerning anv
matter related to the administration
of Sing Sing Prison, except only those
confidential and privileged statements
made TO me by the inmates. AS to al!
other matters, am willing and anxious
to testify. and claim the right TO tes-
tify before the body which purport;
to be making an investigation Of the
management Of the prison OF which
am the warden.
Regrets Secrecy in Inquiry.
81 regret that an Investigation be
fore a grand jury IS necessarily 10
certain extent secret. | should lie TO
have an investigation IN the open.
where the witnesses against me and
against the management Of the prison
could be questioned and the full truth
elected.
But inasmuch as that seems to be
impossible under the conditions of a
grand jury investigation. ! do respect
fully claim that ! and the witnesses
whom ! have asked the District Attor-
rev 20 call before the grand jury
should be heard 10 the end that justice
r1ay be done.
therefore, / respectfully pray that
this court advise the grand jury 20
continue their hearing and 70 permit
ne 10 appear again before them and to
make amy statements which may be
relevant as 10 the matters under in
vestigation and TO be questioned con
corning the same, and that the wit
nesses whose names ] have given 20
the District Attorney and the grand
iLry, and the further witnesses whose
names | shall give. be also called befor,
the grand jury TO give any material
and relevant testimony in their posses
sion bearing on the subjects under in
vestigation: and that II the District
Attorney or the grand jury deem 1t
necessary 20 question me as 20 these
confessions, that such questions be
,eseryed to the close OF the hearing
end that proper legal steps be taken
g. obtaiu a judicial determination az
:, whether am legally bound 10 an
swer questions as TO such confidential
and privileged statements. and that the
curt take such other and further steps
as Justice may require
Osborne Offers Witnesses.
The witnesses whom Mr.. Osborne
ssid he had asked the District Attorney
10 hale before the grand jury were:
George W. Kirchwey, former dean OF
Columbia Law School; George W.
Wickcrsham, former Attorney General
Cortinued on page 4. column