New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-01-22
Weeks Blocks Merchant.

OF at all, SAID the lawyer. " ne
court order is that all the perjury tea
timony except that of the stenogfa
pher. Young, be delivered to us at
once. the rest in few days. Now we
want them"
Then Mr. Merchant says he was tod
that the District Attorneys typewriter
was absent and that there would ne
delay until he could ge, around 20
make copy. Furthermore, fallon
insisted that he did not recognize some
Of the writing in the order, and de-
clared he would see Justice Tompkirs
and ask for new order.
This coiloquy was on when messen-
ger arrived from Sing Sing. where Mr.
Osborne was lunchlng with Dean
intent to ask for an order 10 compel
Weeks TO allow him 70 plead TO the
mismanagement and immortality indict-
ment. This was presented. and Mr. Fall
lon was about to indorse the original
copy received" when Mr.. Weeks inter
posed. The effect Of this would be 70
save the Osborne lawyer the necessity
of making an affidavit that he had
served the notice.
Il am only giving the usual receipt y
said the assistant.
Give him nothing" said the head Of
the office. who insisted that he should
have az least five days notice.
Mr. Merchant then retired 10 an ante
room, where he wrote a formal demand
for the grand jury minutes. He waited
an hour before he could get a chance
70 serve this.
Meantime there was much excitement
about the District Attorneys Office
The removal Of Riley earlier in the day
had had depressing effect. and the
presence Of the Osborne LAWYER had
led 20 reports that the expected de
murrer 70 the perjury indictment was
about 10 be served.
Osborne TO Fight for Papers.
IN the affidavit accompanying the
notice Of intent 10 force the District
Attorney TO act Mr.. Osborne recites the
history OF the indictment which. he as
sertS. If sustained. will establish a
preposterOus form Of criminal libel
under which no public official will be
safe" This charge Is based on the
unusual form of the indictment which,
under guise of an indictment for mis-
demeanor, charges me with felonles Of
an abominable nature"
81 have" he continues. "the inalien-
able right Of any accused person TO
protect my name and character before
the public. | am assured the court
will appreciate this, and will require
the District Attorney TO appear in
court forthwith 10 attend my plea and
allow me 10 take in due form such
steps as am advised should take
Furthermore. have made a motion
for a copy of the minutes before the
grand jury on which these indictments
were based. The District Attorney
through his assistant has opposed this
motion on the ground that have not
been arraigned nor pleaded TO the in
dctment. By his own act in delaying
my arraignment and pleading he is
seeking to defeat my right TO the grand
jury minutes. which his assistant Of
fered to me in open court and which
the learned trial court has repeatedly
promised me-"
When on his return TO New York Mr..
Osborne was told Of Mr.. Merchants
failure to get the minutes in accord
snce with Justice Tompkins's order he
remarked that il was peculiar.
This is the first instance | have ever
known where a District Attorney has
sought 20 block q defendants efforts
TO get an early trial" he said, but Mr..
Weeks will have TO allow me my day IN
court and fair chance TO meet the
charges against me-