The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-14
OSBORNE WINS
POINT, BUT FACES
BITTER ATTACK
Not Forced to Divulge Comics.
sions of COnvicts and Defies
Grand Jury.
IMMORTALITY CHARGE
MADE IN OPEN COURT

OF gross immortality ana unntneFS 10
govern Sing sing prison IN open court
BY Assistant District Attorney Fallon.
Warden Osborne went again before the
Grand Jury to-day and again refused TO
dtvuise the confessions Of convicts.
Moreover Justice Morschaueer refused
to order him 10 testify TO those confess
sione, though adding that proceedings
might he held later TO compel him to
10 70. District Attorney Weeks has
not vet decided 70 start contempt pro-
oeedings.
The reason for the warden's stand
on the question OF revealing what con-
vtcts have told him in secret Is. besides
his feeling that It would he "a breach
OF confidence. his conviction that by
doing 60 he would destroy the Mutual
Welfare League system that lie has
worked 10 build up at Auburn and Sing
Sing In fact. tho entire prison reform
moyNnen that Ia mis- sole reason for
Wishing to be warden At Sing Sing. He
IL prepared to 20 TO the United States
Supreme Court II necessary To prevent
tire Grand Jury from forcing him to
give testimony which he believes would
DO this.
In his attack on Warden Osborne be-
fore Justice Morechauser Mr.. Fallon
not only charged that he held ~'innuuer-
aba affdavtts" accusing Mr.. Osborne OF
immortality, but named the makers OF
eoverai Of such afidavits. He revealed
ia fact. also, that the warden had been
asked about some OF these aff1davits In
the Grand Jury room on Friday and
had said of one Of the men who made
them, Hes a damned liar" Later. Mr..
Fallon said. the warden applied the am
words to District Attorney Weeks. To
all Mr.. Fallon's charges George Gordon
Rattle. who has been retained by the
National Committee on Prison Reform
{, HELM Mr. Osborne. replied that II was
shameful to inject them into the pro-
ceed!ngs.
c.,1s Them "Infamoua lies"
these are Infamous. wicked and
d,abolica, lies he said. and We will
answer them in the open at the proper
time
Mr.. Osborne. who sat in court while
Mr.. Fallon accused him.. seemed not a
bit d..concerted in fact. he smiled.
II had heard that these charges we're
10 be made before I came here on FRI
day." he said. and I heard then NAT
,here would be more OF them. OF course
me- - u a. WIN Va 80
After the warden had testified. II was
decided in a conference amonS himself.
Mr.. Battle and Huntington w. Merchant.
me varden's personal counsel. to request
Mr., Fallon to file Immediately with Jus
lice M~orschauser all the af1daVits accus-
.nC III. warden OF immortality or OF any
thing else, and also a full transcript OF
ne Grand Jury minutes 20 date. THIS
NJ. Fallon had said In court he would
- l. l.N UAHnn " hA
would do IL after the wardens forces
had decided 10 take him at his word.
replied that he couldn't say.
"N n YOU ask Justice Morschauser TO-
morrow for an order he was asked.
"No, | don't think So he answered.
The warden and his friends were we'll
satisfied with the outcome OF the days
proceedings. Notwithstanding the very
serious charges made against him. They
pointed out that the warden had won at
least temporarily his fight with Mr..
Weeks on the question whether he should
l,e obliged TO tell the Grand Jury what
convicts told hun in confidence Mr..
Weeks told the warden on Friday that
unless he was willing 10 do that to-day
the Grand Jury would not hear him.
Nevertheless. the Grand Jury did hear
him and will hear him again tomorrow
morning. though the warden refused
AGAIN TO break faith with the prisoners.
G~,s In Court Record.
Mr.. Osborne's friends remarked also
thai he had succeeded In having made
q part OF the court record his side of the
controversy with Mr.. Weeks since the
inception Of the Grand Jury inquiry and
his reasons for keeping silent about con-
fessions. This was done by fl!ng them
nN ~
that the warden be permitted TO continue
his testimony before the Grand Jury
without telling of the confessions. and
that question be not decided until the
close OF the investigation. Even then.
the warden asks that steps be taken to
obtain a judicial determination as to
whether ne 10 legally bound TO answer
questions rs 10 such confidential and
privileged statements" which means
that II the Judge doesn't take those
steps the warden will. sven II he has to
70 to the highest court.
II was the presentation OF this petition
% Justice Morschauser by Mr.. Battle
hat brought forth Mr.. Fallon's charges.
.hfter the court had decided to hold the
petition In allegiance. adding that II
Warden Osborne still refused to answer
Questions proceedings might be begun,
Mr.. Fallon said
wa Den pStrOIne mas sNaOed Ques-
lions before the Grand Jury. The war
den was asked n he knew a convict
named Connolly, who has accused him.
The warden said he knew him, but when
told of Connolly's accusations said He's
a damned liar
He even called Mr., Weeks a damned
lar in the Grand Jury room" said Mr..
Pallon. This humanitarian discharged
Martin Deely, a keeper for twenty-three
years, and accused Luther White. former
director Of prison industries, of being In
the ring to break down his management.
1Io discharged White after seeing a
letter Harry Bolaskl, one of the warden's
ntds. had stolen from Whites house. but
said White was Inefficient"
There Is no need 10 become hysterf-
cal put in Justice M~orschauser, but
Mr. Fallon went or.
"I have Innunersble afHdavits that
NJ Osborne Is ruI " OF the worst kim
Of immortality and shouldn't he in the
management Of Sing Sing
Mr., Battle was on his feet in an IN
slant 10 object that such n personal at
tack was Infamous, wicked and diaboli-
cal, and Justice Morschauser agreed
thai the question was not OF Mr.. o.
hornc's morals but OF whether he should
TELL the Grand Jury OF privileged cym-
munications. but Mr., Fallon went on.
offering TO read the affidavit of Sidney
J.. Welsh, Il prisoner at another prison.
whu also accuses the warden.
Ngain MIR. Battle protested that II
Was grossly unfair" to publish the aHi-
,1Vits until the warden had n right to
answer them, and Justice Morschauser