New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-16
Asks Court to Compel Fill
ing of Convicts' Aft
davitS.
WANTS GRAND JURY
MINUTES OPEN. TOO
Warden Ends Testimony Without
Revealing Prisoners Con-
fesslOns.

sing Sing. carried mis- fight 20 have the
minutes OF the grand jury investiga'-
ing sing Sing prison and the afidavits
OF convicts accusing him Of crime made
rubIic 10 he courts yesterday. Through
Huntington W. Merchant. Of his coun-
sci. he filed \ motion before Justice
Morchauser, in White Plains, asking
mat District Attorney Weeks be or
Cered 70 Ale these documents.
In support of the motion George Cor
don Battle will this morning ME
brief with Justice Morchauser and the
court permitting, viii argue the notion
tomorrow.
District Attorney Weeks, whose as
sistant. William J. FallOn, offered TO
make public these papers, took no sg-
eressive part in the proceedings yes
terdav. lie said last night that he
would not oppose Mr. Osborne's mo-
ton.
Il will" he said, file the papers as
soon IS the court gives the necessary
order"
Justice Morchauser intimated, when
Mr.. Merchant gave notice Of his inten-
ton, that he would not order the pa
pers filed at this time
Il think" said he, that this matter
should rest until the grand jury re-
,ports. That may be the end Of this en-
tire matter | have my doubts as TO
whether / can order the District At
torney or the grand jury 70 do any
thing of the sort at this time. Sup
posing that the grand jury brings no
complaint against your client? That
ends the matter, does it not?"
Court Desires Orderly Inquiry.
The impression prevails in the court
house that Justice Morchauser regrets
the heat that has developed Il the
grand jury inquiry, particularly the
display on Monday. Then, when there
was talk OF half a score of aihdavlts
alleging Mr. Osborne 10 be UNFIT TO
hold Office, no warned an assistant as
trict attorney that there was no need
for hysteria.
On the other hand, the friends OF
/ Mr.. Osborne back up his demand Of
yesterday that, having offered to come
into the open, the District Attorney
Office be compelled to stay there and
fight the matter out to logical con-
/ clusion. For this reason they oppose
, any effort to put soft pedal on the
case at this late day.
As on other days this week. Mr.. Os-
: borne was the star witness before the
, grand jury yesterday, ending his testi-
mony without repeating the confes-
sions Of convicts, which he held were
privileged and which the District At
} torney declared he must repeat. He
; went over many details Of the prison
management, and again invited the
grand Jury TO visit Sing Sing.
Don't you know" Assistant District
Attorney Fallon, who now Is in active
, charge OF the case, Is reported to have
asked, that the grand jury cannot
legally hold a session there"
NO, sir" the warden is said 70 have
: replied, 81 do not know any such
thing" adding that II that was the
lawyers idea OF the law he knew more
of that phase of il than did his Ques-
toner.
After Mr.. Osborne had left the grand
jury room he looked up the Criminal
Code. ard found that under Section $50
grand juries are charged with the duty
of looking into the management OF all
prisons, and that Section 26l gives such
bodies access at all reasonable times to
all prisons and prison records.
Before leaving the grand jury Mr.:
} Osborne was questioned as TO old
stories, 70 the effect that he had been
arrested years ago in Syracuse for mas
querading, and In Auburn while acting
suspiciously in a railroad yard. This
latter is the story on which the late
Senator Grady attempted some years
ago to block 0sbornes confirmation as
Public Service Commissioner. Mr.. Os-
borne denied that there had been any