New-York tribune., 1915-12-07
WEEKS SPURNED
AD,SAYsOsBoRNE
Letters Offering to Testify
and Explain Regime
Still Unanswered.
WARDEN TO APPEAR
BEFORE JURY FRIDAY
Prosecutor Blamed for Disputes
-Kirchwey, Within and Wick
ersham Witnesses.

Frederick +. Weeks, District Attor-
Iey OF Westchester County, is respon-
sible for whatever misunderstanding
there may be between him and Thomas
Mott Osborne, warden Of Sing Sing,
according TO a letter given out last
night By the latter. Mr.. Osborne gives
a detailed account OF the efforts he has
made to get his case before the grand
Jury, most of which have been ignored,
he saws. He fatty denies statement,
attributed TO him in the District At
torneys letter Of December 3, that the
grand Jury would not hear Mr.. Os-
borne's testimony or any evidence that
he might present.
Mr. O.borne's letter, in part, is:
your letter OF December is re-
ceived. You begin By saying: 1t has
been represented 10 re that you have
made the statement that the grand
Jury now investigating conditions at
Sing Sing prison would not hear your
testimony or whatever evidence you
rad to present.
"Your letter then details what you
have said to Mr.. Merchant and to Mr..
pattle. Then you 20 on to state: now,
therefore. so that there can be no fur
ther misunderstanding in this respect,
YOU are again informed that the grand
jury will hear you as requested
Letters Left Unanswered"
"Allow me TO say that have never
made such a statement as you quote,
hut have expressed several times my
surprise that you had not go conducted
the examination as, al an early stage,
TO call me before the grand jury and
arrange 10 have them visit Sing Sing
Failure TO do so could not but cause
anxiety among those who have the
cause of prison reform at heart.
AS you very we'll know, | gave you
repeated invitations in October TO come
to Sing Sing and see conditions for
yourself and allow me to explain the
new system in operation there. And
you will also recall that ! telegraphed
you from Auburn on November |, using
these words: Il wish you TO under
stand now that | welcome any honest
investigation of my management OF
Sing Sing prison by you or any grand
Jury. never requested you or any
one to ignore any information which
would lead you to investigate anything
regarding the management OF the
prison, either as TO alleged misconduct
Of myself or the inmates. Go as far
as you like in getting facts. You will
have all necessary assistance from the
warden's Office. / ask that | have the
opportunity to appear before the grand
Jury myself To that telegram | have
never received any acknowledgment or
reply.
"On November 8 | wrote you confirm
ing the request made by Mr.. Merchant
and stating that | understood that you
had expressed your intention to ask me
TO appear and TO suggest 20 the grand
Jury that they call me- and again in
viting the grand jury to Sing Sing. To
that letter | have personally never re-
ceived any acknowledgment or reply.
Osborne to Appear Friday.
con November 10 | wrote you, in
closing a list of assaults and other
cases Of felony occurring before | be-
came warden Of Sing Sing, and asked
you 10 place the letter and list before
the grand jury and acknowledge the
receipt. To that letter | have never
received any acknowledgment or reply.
Until receipt Of your letter of the
Sd inst, the only communications in
this regard which | have received from
you were verbal, conveyed TO me
through Mr.. Battle and Nr. Merchant,
and wholly indefinite as to time.
whatever misunderstanding there
may be has resulted fra no fault OF
mine.
81 am glad to learn that my request
has been granted. and | shall attend
the grand jury on Friday, December
10. ! have no objection whatever to
signing waiver of immunity"
Mr. Osborne appended list OF names
of witnesses whose testimony would be
valuable TO the grand jury. and prom
ised TO send more names. The list in
cludes Professor George ". Kirchwey.
former dean Of Columbia University
Law School DR.. Z. Stsgg Within, Miss
Emily Seaman, George ". Wickersham,
Charles F. Rsttigan, warden Of Auburn
Prison; Richard NJ. Hurd, member Of
the State Prison Commission; Clifford
B. Harmon, Herbert Carpenter and
Miss ". Z. Doty.