New-York tribune., 1915-12-11
Warden Refuses to Repeat
Prisoners Confessions
to Grand Jury.
WHITE PLAINS VISIT
ONE LONG WRANGLE
Sing Sing Chief Accused by Con-
ylcts of Crimes for Which
Others Were Indicted.

Cling Sing, yesterday served notice upon
n,.,r,et Attorney Frederick Z. Weeks
A. westehester, that he would not vio-
,.,s snv condolences Gonvicts had made
- him. In his turn Mr. Weeks served
,o,iee upon Mr.. Osborne that unless
ho w,s willing to repeat all confessions
,osd. 70 him he need not return 10
,be grand jury room on Monday
The warden of Sing Sing spent the
GREATER part Of yesterday in court ana
.hs grand Jury room, and when ne re-
.r,nsd TO the prison last night ne was
:. the opinion that the grand jury
r,old not hear him again on Monosy'
bs. would, as a matter Of fact. lnoict
t;, on charger of immoral conduct
,sim;lsr 70 those on which twenty-one
..,,victs were recently indicted
While he was before the grand jury
.vo aHsdavits charging this crime maze
bv eonvicts. were read to him. he We
bsmently denying the accusation, hSi-
u.r in the day Assistant District Attor-
new Fallon told the reporters VINO were
=. .ha courtroom when the question oil
,be immunity waiver Mr.. oSooi"s
lid s;cn was being argued, that hsu
:. .be warden waived immunity ne
COS nrepared TO make public ten am
davits charging this offence
Ten AfIidavits Ready.
is+e,ea of these affidavits have
IN binted at from time to time, Du.
,.,terday was the first time any onleiS'
,.,,scted with the inquiry has puohciy
,.,,.d that such were in existence
Wb.,bsr or not all of the ten have been
n.s.snted to the grand jury Is not
known. .,o.;r,,
On this and other matters reiatihB
=. 90 himself Warden Osborne was
willing to talk TO the jury out on 'ne
mater Of prisoners confessions 10 MI"
bs insisted on standing mute
81 have" he said, IN substance
a,;ve, nv word to these men that /
.r.rld teep sacred anything they might
confess I propose to keep that prom
i.e Any questions relating 10 my
acts as warden or as an lndi'louSi /
Will answer"
Those who have been following the
w.s..bes.er investigation closely eX-
,,c,sd that there would be fireworks
yben the warden Of Sing Sing was
owen the opportunity he asked Of ap-
n.o,;,e before the grand jury, ana
,bey we're not disappointed. AT the
start Mr.. Osborne and District Attor-
new Weeks ciashed. This first CLASH
came on the form Of the waiver oil I'M
munitv Mr.. Osborne was to sign' "heh
bis counsel, Huntington W. Merchant
objected 10 what he said might Dc
twisted into confession.
By the terms Of this document I'M
munity was waived "in the investiga-
ton Of my acts and OMISSION as war
cen and agent Of Sing Sing and OF
crimes which may have been committed
by me" Merchant insisted that Mt
Osbornes signature 20 this document
would be on admission that ne "a9
gliltv Of criminal acts or OMISSIONS
IN argument that followed between
gr Merchant, the District Attorney
snt his assistants, Mr.. Fallon and MI
Farley. became 80 heated that the men
yere soon on the verge Of blows:
finally the matter was taken before
Judge Morschauser. who insisted on
hearing IL in open court On ms sue
gsstion j. was finally agreed 70 lhseIt
the word alleged" before OMISSIONS
aro crimes, and the warden signed the
document Il was then almost noon
ard an adjournment WAS had until
o'clock
Clash in Grand Jury Room
Promptly at o'clock Mr.. Osborne
Ieiutned % the grand jury room.
Jnen the contest was resumed. fer-
sons who we're in the grand jury room
,sid that all the testimony ne gave
might have been gwen IN ten minutes,
and that fn.gt OF the two and one-half
hours he was or the stand was used
UP IN srgub Ar. Weeks and ms
assistants trying in various ways %
get hin % repeat confessions made IN
the sp-ealled Harvey cases in which
tTenty-One conyicts we're indicted on
the confession Of Harvey.
None % these questions were an
sysret b. Sir. Osborne. Questions re-
iatlng tc himtelf he freely answered,
Including questions referring 20 two
AFFIDAVIT made by conyicts charging
hin With the crime the Harvey IN
oictments all.ge These charges he
fehe emily denied
= wing the grand jury room Mr.
Osborle aid he had refused 70 violate
eenhcences Beyond that he said Mr..
De. chant would talk for him.
on biz part Mr. Weeks outlined his
pcsir /. in this statement;
NJ Osborne Was told By the grand
J1ry % make Up his mind whether he
|o1l. or WOu not answer questions
a. % the Harvey carer, which resulted
N the Indictment Of twenty-0ne men,
and, n be had made up his mind % DO
-. ~ come back Monday. lie was also
tpia that II he VAS not willing % do 10
b. need not come back on Monday.
M Osborne refused 70 answer
questions In reference 20 the Harvey
ezses, snd TOOK the ground that u was
confidential matter between himself
tnd thoee men. lie did not claim an/
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A. Continued ca Dsks z. eoigron