New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-19
OSBORNE TO ASK
WHITMAN TO AID
CAPTIVE CONVICT
Prisoner Kidnapped from
Sing Sing, Warden De-
clares in Court.
"INTERLOPER" REPLY
FROM PROSECUTOR
Prison Chief Says He Wants IT.
vestigation, but DenOuntes
Cumberland Methods"

The serene and contemplative at
mosphere which has hitherto enveloped
White Plains and the Westchester
grand jury, sitting there Investigating
affairs at Sing Sing, was shattered and
torn with the tumult of war yesterday,
when Warden Osborne appeared in the
County Court before Justice Nor
schauser and demanded the custody OF
Peter Cullen. who, he said, had been
kidnapped from the prison the night
before.
District Attorney Weeks was closeted
with the jurors, and therefore sent
Assistant District Attorney William D.
Fallon to oppose Mr.. Osborne in the
struggle over the convict's body. The
warden was reinforced By Edgar l..
RYDER. an attorney Of Ossining. Words
few thick and hot during the whole
course of the hearing, and the attempts
of Justice Morschauser to keep the
proceeding calm and judicial were far
from being an unqualified success.
Truce was declared after half-hour's
debate. when the hearing was ad-
journed until to-day.
The facts leading up to the verbal
conflict are these: On Monday Peter
Cullen, one time sergeant-at-arms OF
the Mutual Welfare League, and party
in the wedding held in the prison re-
Gently, was brought before the grand
Jury on a habeas corpus writ. He re-
fused TO testify and was returned to
Sing Sing. Wednesday night Sheriff
Wiesendanger of Westchester, with
several deputies, appeared at the pris-
on. served upon Cullen a warrant for
crimina! contempt Of court and brought
him back to White Plains.
Prison Chief Angry.
Warden Osborne was in Albany on
business at the time the convict was
taken. When he returned and found
out what had transpired he fastened
10 the county seat TO demand that Gull
len be turned over to him. since, he
said, the law provides that convicts
can be taken from a state prison only
on a habeas corpus writ and not a
bench warrant.
On reaching White Plains the war
den handed writ TO the Sheriff, which
accused Cullen of being an escaped con-
vict and therefore belonging in the
prison, and not the county Jail.
The beginning of the hearing was
pacific enough. Justice Morschauser
asked the convict whether he was rep
resented by counsel. Cullen said that
Mr.. Ryder appeared before the judges
bench, the latter saying that he had
been retained to defend Cullen and
asking for an adjournment until he
could talk the matter over with his
principal.
Justice Morschauser then adjourned
the hearing until this morning.
"All have to do" he said, ais TO see
that there is a proper administration
Of justice. II this man has refused to
testify, and there is no legal excuse for
it, he must suffer the penalty"
Kidnap Plot, Says Osborne.
"May ! be heard, your honor" the
Warden asked, and on receiving permis
sion said:
~ object to the whole proceeding.
This man is in my custody, and was
virtually kidnapped from Sing Sing yes
terday. | cannot understand this un-
derhand method of doing business. |
am told that the Only way by which an
inmate can be removed from my insti-
tuition is on writ"
The Justice then pointed out that the
man was arrested on Supreme Court
warrant at the request of the District
Attorney, and that the Warden's only
remedy lay in taking the case before
the Governor and the Attorney General.
This Mr.. Osborne promised to do, i'm
mediately.
Justice 'orschauser then said: 81
don't want 20 b,little or stifie any in
vestigation. Let us proceed cautiously,
so that if any one is charged with
crime he may b. investigated. Anybody
who is not wrong should not be afraid
TO come forward and aid in this inves-
tigation."
1I haven't the slightest objection to
the investigation" the Warden ex-
planned. "All desire is that | be
given the protection OF the court, so
Continued on page 9, column