New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-14
osTalesmen Tested in Two
II guours-Convict Says Ex-
Warden Knew Affairs.
uIDGE LIMITS TRIAL
TO PERJURY CHARGE
rounkiHs Bars immortality Ac-
,usations-Battle Rakes Out
Harvey's Elmira Past.

Couutv Supreme court a. h'No
p,.,;s Justice Arthur s. Tompkins
limited the inquiry and evidence strict
y 70 perjury, which the first Of q
.sr;ss OF indictments against the de-
,.,dsut charges. Within two hours
dc, the court was called 20 order
,w.,ve iurymen Of thirty-three tales
-, examined had proved satisfactory
20 both sides.
Rsfore the afternoon session closed
=. prosecution and the defence fin
,,hsd with James Harvey and William
Wrlett. jr., former inmates Of Sing
s,,s p-ison. upon whose testimony the
..e1sstions against Mr.. Osborne are
l,-eely based. Harvey. q slim youth
- tventy-two, told in detail the story
II immortality in Sing Sing. Susve and
confident. Willett. former Representa-
~. in Congress from Queens, related
n, efforts Of the judiciary board a.
,bs prison. Of which he was member,
"a punish the offenders.
his evidence was introduced TO
STOW that the defendant. as Warden,
new OF the immortality cases when Dr..
Rudolph Diedling, Of Ssugerties, q
nsmber Of the State Prison Commits
sion. called at Sing Sing on October 8,
1913. 70 make sn investigation. On the
,,snogrsphic record Of Mr.. Osborne's
replies 10 Dr. Diedlsng's questions
sbout conditions in the prison the in
dictmsnt Of perjury is based. District
Attorney Weeks and his assistant, Will
ian J. FAllon, will seek TO prove that
he Warden wilfully misrepresented his
knowledge OF immoral practices among
certain Of the convicts. For the de-
fence George Gordon Battle and 8
snail phalanx Of auxiliary legal talent
Will Try 70 show that DR.. Diedling had
NJ authority 20 make his investigation;
rs: Mr.. Osborne told the truth, snd
Inst his knowledge or lack Of knovl-
edge Of immortality in the prison was
rot material
Harvey's Record introduced.
Young Harvey, the first witness, SO 10
Be vent 70 Sing Sing June s, 1915, %
serve for grand larceny. He admitted
he had been sent 70 Elmira when he
vas seventeen, and that he had also
done time for vagrsncy. he told the
SOY q his confession 20 the warden,
q lis subsequent appearance before
the judiciary board OF the prison 20
IDENTIFY the convicts he accused, and
Of bis being locked up "to protect ne
:or ny own good" He said Mr.. Os'
borne had told him TO keep quiet about
he offences unless he desired 70 ger
he boys into trouble
On accumulation, Mr.. Battle
Produced Hsrvey's record in Elmirs 70
shoT that ne had six months added 70
lis sentence there for violations OF the
rslss, which involved his personal NOR
atty. Harvey admitted he had made q
mistake IN prefcrring charges agalnii
sns convict in Sing Sing. that he had
ossn mistaken IN identifying a CON-
y;ock inmate, and that kid Dropper
Esplsn. one OF the convicts accused oy
Tin, had been acquitted by g jury slt-
ing g. White Plains.
William Willett, jr.. convicted Of at
tempting 70 buy q nomination 70 the
sspreme Court in Queens County
,sked more like a prosperous banker
tan convict when he took the WIT.
Tess stand, folded his arms and peered
sla&rely a. Mr. Fsllon. He said he
presided a. the meeting OF the JUDI
tsry board when Harvey told his story
70 them. 81 think it's true" was his
comment, he said, and ne alleged that
W. Osborne said 81 believe 20, too"
Willett Seeks No Favors-
After hearings lasting four days n
September, tho twenty-one convicts &C
.ssed b. Harvey were found guilty
~ Fs.lon introduced a. evidence a
Tisy clip q paper which Willett al
eyed George Hodgson had brought
'ion the warden's Office 20 the Judi
esry board II contained the wording
q ne verdict: 1T has been decided
.o' tho best interests Of the league
IA: you be suspended. Do you wish
. appeal % the warden court? II
io', you are hereby suspended until
ssea time az your conduct shall make
y'1 eligible for reinstatement" Only
nlsA APPEALED. Willett said.
The following day the warden had
a. o. these twenty-one men meet him
= ne chapel" Willett continued. "He
Ne their cases we're very serious, that
y'ooaoly the District Attorney would
nsss an investigation. lie said tho
-hIies o. the trials taken down By
pSnpson, the court stenographer, had
essr lost. and that Il the men refused
AK the District Attorney would
Ns bard time finding out anything
sou ne crimes. He said. in sub
1hes, that hs would 20 90 prison be
',s - would tell what he knew"
Dh'sr cross-eTarnination Willett had
answer numerous questions about
sny In White Plains jail from
-'fsrbsr % January 10 while he
@ Beng questioned about the Sine
,ns Invest cation. His meals were
'ee 10 he cell. which vas known
hosp "a, he said. He spent som'
- az time IN the District Attorney
- and he had talked casually WIZ
,ytsps twenty oonyicts .in the jAi
~ ne Osborne case.
10 you urge them " tstifJ
s~h,t hr. Otborne1" asked nr. Bat
I'd not" vas the reply.
a.. D'e yog correct Harvey testimony
- a@ys you did,"
-. REMEMBER he hcsitsted about
80 tFitf0 MN
~ othsr words you helped the Dis
n, nitofneg 10 prepare this case
49, Yelling the truth is helping him
,,nHl'', denied that he had beer
3. 1ssd assistance in getting parole
a.. r. assistance. that he expected
~ ..'ip IRON Nr. weeks and that M
"a, .1.n j1nketing trips during hi'
- White Plains.
y, .a1rng the morning session
AleD began asking talssmer
\, ~ ~ hey bad formed On opinion on
o., ytDpfhet eharGct4r Justice Temp
l.,, .sn'a once for all that the per.
r.,, i,h1rYs ard not the Warden''
"a we're On trial. he said; "Thi'
sss,,,n eprcernsd solely with the
rsi,-h Whether he defendant n
,ssT ~ innocent ~ perjury" Th'
fsll,x ,fpeaiteo matter, frequently b.
NJ. ~ sr'rsnsous lines Of inquiry
~ ,Sn was permitted 20 touch or