New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-01
LAWYER WROTE
TO SING SING
GRAND JUROR
Prosecutor Will Ask in
dictment Over Note
FavOring Warden.
EMBRACERY CHARGE
AGAINST J. d. LEE
Plea Defended as Legal by Its
AuthOr-Court Sees Effort
TO Defeat Justice.

Charging that Joseph Day Lee,
lawyer. with Offices at 30 Church Street,
had written letter to influence the
Westchester grand jury now investi
eating Sing Sing conditions In favor Of
Warden Thomas Mott Osborne, Dis
trict Attorney Frederick Z. Weeks an
nounced last night that he would ask
Mr.. Lees indictment for embracery.
AIr. Lee, who readily admitted writ
ing the letter, said he was not worried
by the District Attorneys threat. and
added that the plan Of writing the let
ter had been discussed in Mr.. Osborne's
presence. When this information was
brought 10 the attention Of the District
Attorney late last night Mr. Weeks
said:
II dave no direct evidence to show
that Mr.. Osborne was behind an at
tempt to influence the grand jury.
understand that he spoke at a meeting
in Pleasantville on November 10, and
that at the close he discussed the plan
OF writing letters to the jurors and
others with Mr.. Lee. This is not enough
10 indict any one on, but II | had the
evidence | would ask for his indict-
ment. This is a part of my duty as
prosecutor"
Mr.. Lee said yesterday that his let
ter represented the views Of the Mems
Club of the Pleasantville Presbyterian
Church, of which he is member, and
that it did not constitute embracery.
The code provision reads that en-
bracery is an attempt TO improperly in
huence the jury. There is nothing i'm
proper in my letter. I have telephoned
20 Mr. Weeks that will be at my Office
whenever he wants me. don't think he
VIII press the request for an indict-
ment."
Part Of the letter written 10 William
A. Murray, one Of the jurymen, fol-
lows:
eve all appreciate, Of course. that
the grand jury had an oath 20 obey,
and must find or refuse to find indict,
ments on the strength Of the evidence
feeling in our community, and. / be-
leve, throughout the country tina,
whether OF not the District Attorney
chooses TO let the grand jury hear the
warden Of Sing Sing or 10 take the
grand jury for q personal investigation
Of the prison, the jury itself should
demand that the warden be heard and
should make first hand investigation OF
the prison Itself, before handing down
indictments in such situation as tho
present one"
TT Is generally understood that
under the present regime offenders are
tired by the court of the Mutual We'll
fare League. which is itself on trial.
with the understanding that it is TO be
abolished unless it makes good in i'm
proving the prison discipline. II is
understood that as a corollary 10 this
the authorities have assured the pris-
oners that if they conduct their court
IN such a manner as 20 properly punish
the guilty there will be no further
action taken against them. While, Of
course, this does not legally bind off
GERS OF the state, they are morally
bound to keep good faith with the
prisoners unless they are prepared TO
say that the whole system is bad and
should be abolished This, We think.
no man 'is in a position to do who
listens simply to the evidence pre-
scented to him by the prosecuting officer
Of the county. us should hear both
sides and see what he can for himself"
When this letter was received by the
grand jurors yesterday they went 10
Justice Joseph Morschauser for in
structions The justice told them it
was evidence of embracery, and Incl
dentally said that the Mutual Welfare
League had no right to pass on crimes
committed in Sing Sing