New-York tribune., 1915-12-28
Ex-Convict Had Accusing
Secret Papers for Sale,
Battle Tells Weeks.
WARDEN'S WITNESS
LIST PARED BY JURY
Hears Four and Then ReverSes
Itself by Refusing to Hear
Further Testimony.

yesterday by George Gordon Battle ana
Huntington W. Merchant, counsel for
the warden, that one Of the ex-convicts
active in the work against Osborne
had been trying TO sell the warden the
grand jury minutes.
This man also offered to procure for
the warden any papers he might wish
in connection with the case and as an
evidence Of his ability TO produce the
goods for sale exhibited what appeared
to be a copy Of an affidavit by Sidney
Welsh, a convi I witness against the
warden.
81 had the original for an hour last
night" he told the warden. 81 can get
you the minutes or anything else you
want"
II want nothing obtained in that
way" the warden told the visitor; you
must see George Gordon Battle If you
have any more propositions of this KIND.
But before you do it, remember 1t is
a crime to steal such papers
According TO the story turned over
TO Mr. Weeks by Mr.. Battle in let
ter, and by Mr.. Merchant orally, the
ex-convict, who had worked for the Dls-
trict Attorney as far back as the heh-
nedy investigation which resulted IN
the indictment of the then warden Oh
the prison. notified him one day last
week asking if he could see him on i'm
portant business.
At the warden's order his secretary,
Dick Richards, replied that the warden
could not see him and advised HIM TO
get into touch with Mr.. Battle. The an
swer to this was that counsel had ad-
vised his seeing the warden and that
he was on his way then. 1t later de-
veloped that Mr.. Battle had told him
the warden was at the prison.
Weeks Denies Leak.
At the prison this convict produced
two documents, one the Welch afndavlt
in which the warden was charged with
a serious crime. This is the affidavit
Assistant District Attorney Fallon pro-
duced in court as proof that witnesses
he had not seen had made aihdavlts
against the warden. He also had an
affidavit made by one Goldman. Both
were acknowledged before a notary at
Great Meadows prison.
After the warden had refused 70 ac-
cept the papers or have anything to DO
with them the visitor asked for loan
of $3.50, saying he was about to be
married. This was refused, and he
finally asked for S25, which he also
failed TO get. lie was told not to visit
the prison again and warned OF the
likelihood that he would be in serious
trouble If he had anything to do with
the removal of such papers or IN
peddling them.
District Attorney Weeks told Mr..
Merchant yesterday that he did not be-
lieve the papers came from his ONCE.
He was satisfied he said, that there
was no leak, and he was positive that
the man offering the afiidavits had not
had access to the papers in his once.
He did not indicate what action he
contemplated taking.
The Westchester County Grand Jury,
which has been investigating condl-
tions In Sing Sing, reversed itself again
Yesterday and refused to hear addi-
tional witnesses for Warden Osborne.
This decision was announced after
list Of former inmates of Sing Sing
and men now in the prison had been
submitted 10 District Attorney Fred
erick +. Weeks. These men, if called,
would have contradicted the testimony
given by some of the convicts whom
District Attorney Weeks has had be-
fore the grand jury and upon whose
testimony the charges against Warden
Thomas Mott Osborne rest.
Hearing Nearing End.
At White Plains the decision TO hear
no more witnesses was interpreted as
meaning that the jury was ready to re-
q.
friends of Warden Osborne If indlct-
ments against him were given to-day
These, they believe, may include
charges of gross personal immortality
Persons close TO the District Attorneys
Office are inclined 70 think that less
serious charges will be preferred, deal
ing with his acts or omissions as war
den of the prison and possibly with
the case of Kennedy, a guard who has
charged that he lost his place through
perjured testimony.
Should indictments be found District
Attorney Weeks will not press for an
immediate trial. Any programme OF
delay, however, will be fought by the
Osborne interests.
Four Osborne witnesses were heard
Yesterday. They were Charles +. Kat
tigan, warden Of Auburn Prison. where
the Welfare movement was born the
Rev. DR.. Davidson, of the JewisA Theo-
logical Seminary; Clifford b. Harmon
and Frederick T.. Dorner, for twenty
three wears an attache of the prison
and now principal keeper.
Prosecutor Invites Charge.
Warden Rattigan was the star wit
ness. He said the Osborne system was
the only system, and defended the
warden against all the charges made
against him.
.No one grand Jury or any number
OF grand juries," said he, "can block
the course Of prison reform IN TINS
state"
"Do you mean to say that this grand
fury is trying TO block prison reform :!
a member demanded. ~,
"Not al all" replied the witness i
am making no charges"
"Who is trying 10 put an end TO
prison reform" asked Assistant DIS
trict Attorney Fallon.
IL do not care 20 make any charges
against any person
You've got no business making state
ments Of that sort. You should give
names" the prosecutor insisted.
"Wen." said the witness, IF you
must have IL, your name IS first on the
list Of those ! have heard named"
The Rev. Dr.. Davidson told OF i'm
proycments in Sing Sing and Principal
/ Keeuer Dorner told Of conditions as
they are and as they had been. This
/ witness was one Of the strongest put
on m the interest Of the welfare sys-
/ TEN. order in the prison was better
I he declared. and he was confident the
/ improvement was real and would be
permanent. As TO abuses in the prison,