The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-16

minute court convened this morning. ny
Justice Tompkins's decision MIR. Osborne
is freed once and for all " the first
state has no appeal.
Just as Justice Tompkins finished
reading the opinion that found Mr.. Os-
borne not guilty without having to put
n single witness on the stani In his
defence. George Gordon Battle jumped
TO his feet to ask tina Mr.. Osborne be
tried Immediately. before the san jury.
on the second Indictment. This indict-
ment is for acknowledgement of Sing Sing.
but includes charges Of immortality
against the warden.
District Attorney Weeks was on his
feet too. though the dismissal OF the
FIRST OF his charges against Mr.. Osborne
evidently was a hard blow. to insist that
lie would not be ready for trial until he
April term OF court. Ills words we're
scarcely audible In the burst OF applause
that swept through the court room at
Mr.. Osborn-'s victory. MIR. Battle will
move at once to force the state to an
immediate trial Of the second indict-
ment.
hin In tOurt Room.
The applause continued and friends OF
Mr.. Osborne began swarming through
the gate INTO the enclosure whore he
stood. shaking hands with his group of
counsel. Justice Tompkins called for
order. but the rapping Of his gavel and
the efforts OF the court attendants scat
tered about the room only added to the
.lt,. Ls,ll.s an h,,lra1 u.,,,l. 4.nsA 80
shake hands with Mr.. Osborne and with
Mr.. Battle.
To friends OF Mr.. osborne. 10 prison
reformers. 10 the many prominent Au-
burn citizens In the court room who had
come to testify As 10 his character. the
decision was cause for great Juhik,tion.
A few minutes later the receipt Of the
news at Sing Sing brought a crowd OF
cheering. flag waving colivicts TO the mess
hall and a few hours later Mr.. Osborne
issued a statement saying that Justice
Tompklus's decision proved his conten-
tinn that he was being prosecuted rather
than prosecuted.
All Mr.. Ostorns's friends found in Jus
ti,e T%onpkins's decision cause for graft
;ication greater than that accustomed 10y
the dismissal of "A charge that might have
sent him a convict TO his own prison for
ten years. The decision maintained not
only that Mr.. Osborne had committed no
legal perjury. because the oath Mas adj
m!nis.ered to him illegally. bus that he
had no wiliul intcn; or purpose to de-
ceive.
Mr.. Osborne and his lawyers were al
mos, as m,l,h grat!f-d at this asp.-t of
Justice Tompk.ns's decision as a; the
dismissal OF the Indictment. They rea-
lie that II maintains honest intent on
his part in answering az he did the
questions propounded by Prison Coinmls-
sioner Rudolph Diedling IN his examina-
ton Of October \. 1915. when II was
charged Mr.. Osborne perjurcd himself.
Week Feels Blow.
Although neither District Attorney
Weeks nor lis assistant. Mr.. Fa,'on.
would say so. they are indignant over
! Justice Tonpkins's opinion on this
score and feel that 'he testimony taken
lid show hat Sir. osborne tried 10 de-
ceive Dr. D.edlinc. They realize that
the decision has placed In tho hands Of
the defence a potent weapon for the sec
end trial. 70 Us" in convincing the tury
OF Mr.. DSborne's honesty and In dis
creLiting the Grand Jury that returned
both indictments.
That Mr.. Osborn" saw this too WAS
shown in his statement when he said
The decision shows conclus.vtly that
Their. was M warrant for the acton "i
the Grand Jury in bringing in such an
/ Indictment" II WAS the same Grand
Jury that indicted him for n!sinandec-
ment and immortality.
The significance outside o! MS own
case that Mr.. Osborne attaches To JUS
tice Tompkins's Interpretation or section
81 OF tie prison law he expresses AS
follows:
I'm future. II any incompetent
mediling or dishonest man happens IL
creep into the Office Of prison coinmis'
.ioner he n utilize thai Once &c
make a brutal and irresponsible at'acH
nuor the head OF "A state institution"
From the tenor Of Mr.. Osborne's state
men, and from the attitude OF the state
forces there can be no doubt that the
trial of the mismanagement and IN
norali,v charges will be "a bitter ngh'
from the calling of the hrst talesman 'o
tho verdict. The defence has tasted
blood and Is after more the prosecutor
Is smarting under defeat IN ia nrS'
battle, IA defeat as CALLING as IL WA
unexpected. -.
Roth sides are dstermined-Mr. Us
horne 10 expose what he believes 10 ID.
a conspiracy to ruin his reputation and
.hrongh him t. strike AT honest prison
ADMINISTRATION; Mr.. Weeks to snow
,hat MIR. Osborne Is the most perfd'ou'
character known to %penology and his al
minis,ration at Sing Sins incompetent oi
worse.
To Push second Trial.
Mr. Weeks scoffs at the idea that Jus
,ice Tonpkins's decision means the col
lapse OF the Osborne charges.
..The other indictment certainly WI
ro, he dropped,' he said. 1T will b.
,r,ed IN. f1rst week in April. | want 4
say that | am by nc means through VIII
my investigation Of Sins sing
To which Mr.. Osborne rejoined ~
far as | am concerned and to the exten'
nfamy power. this hght mas oni! JUS
begun. ! have instructed Mr' battIe u
force Mr.. Weeks to show cause why I'M
SECOND Indictment should not be ,rie'
Immediately. instead of waiting until I'M
Nrst week in April. ,,
A motion for that purpose Was peihi
drawn Tonight. 1t probably VIII d" f..et
tomorrow morning and made returnabi'
to-n,orrow night. If Mr.. Weeks fans u
; satisfy the Judge before whom IT Is mad
iii need not he Justice Tompkins-tha
! he cannot 20 to trial at ono the new
triad may begin on Monday.
, This action Mr.. Battle forecast In III
, court room Immediately after justice
3 Tompkins brushed away the perjury in
dictmsrt against Mr. Osborne. Natural!
) MIR, Battle was gratitied al the decision
! that no, only was his client not legal!
E guilty OF perjury but not guilty OF in
> tent to deceive.
= the court held." said Mr.. Battle. tina