New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-12
OSBORNE LAWYER
RAPSPR0SECUT0R
Asks Purpose of Prison
Inquiry When Harvey,
Defendant, Is Immune.
WARDEN FURNISHES
DELINQUENCY RECORD
League Books Believed Under
EXaminatiOn-Writ Issued
for Another Convict.

District Attorney Frederick L. Weeks
was criticised last night by Thomas
Mott Osborne's lawyer. Huntington w
Merchant, for the method the prosoeu-
tor is employing in directing the IN
vestigation Of the Westchester Grand
Jury into conditions nj Sing Sing
Mr.. Merchant based his complaint
uron the wording OF the hahcas
corpus writS issued for Richard Porter
Nathan kaplan. ". Il, Thompson. Joe
Rotolo and James Harvey. all Sing
sing ccnyie,s Zach OF these men was
brought from the state prison ana
Jailed 40 White Plains, according 10
the writs. 60 testify all and singular
that he may know In certain matters 70
bc brought before the said Grand jury
between tho People u the state OF
New York. a. plaintiffs. aud James
Harvey. IS defendant"
The point wish 20 make" said the
wardeu's attorney. is that Harvey az
reared YESTERDAY before the iprY as an
involuntary witness, brought there bN
The Nabras CORPUS writ. Since he has -
testified. he - automatically immune
ard cannot be indicted. | see that the
rsperS have quoted Mr Weeks a. pre-
dieting that the inquiry viii take AZ
lcas. TWO weeks more % conclude. Ire
Jury can find nc use IN pursuing the
case o. Harvey. for he has already been
made immune by Jestitying before ~
Judge" William Willett. former
United States Representatiye and Urls
q nudge q the Mutual Welfare League.
took the witness stand AZ the convoca-
tom Of the grand jury az White Plains
Yesterday morning.. For several days
he has been assisting IN the sortin'
snd classification Of the records % the
league. joseph R0tolo was also called.
and the fact that he formerly was
closely associated with the prison court
lends strength 20 the theory that con
sidsra-ion Of the records took up The
tire Of chs jurors Yesterday.
District Attorney Weeks said az the
conclusion q Yesterdays session that
ne would In all probability add severa.
new members 20 Sing Sings fast grow
inc colony in the White Plains jail.
He added that he had issued no more
babeas corpus writ. and might not do
50 for several days. Late last night q;
was learned that Assistant District A.
torney Ferris mas obtained another
writ from Judge Morschsuser. The
identity Of the convict could not be
learned, but u is rumored that be IS
an assistant in the Mutual Welfare
Srison court who was once associated
with Wiilett-
Warden Osborne's lawyer announced
last night that his principal had for
Warded g letter 20 the District Attorney
continuing complete records OF all Of
fe-ces disciplined az Sing Sing from
3rlil 70. 1912. TO June 10, 1914, and
also complete records Of the delinGuen
l.es which have transDired since he
took charge on December |. 1914. The
records between June - and the time
OF the warden's accession to office are
missing.
In his letter Mr.. Osborne points out
that the number Of violations Of prison
discipline have materially decreased in
every type of delinquency since his
wardenship began. He also requests.
Nr. Merchant saws. that the statistics
be brought before the grand jury at
the earliest opportunity.