The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-02-18
NOT GUILTY PLEA
MADE FOR OSBORNE
Former Wardcn's Lawyers
Surprise District Attorney
Weeks Of Westchpstcr.
FURTHER DELAY IN TRIAL

WHITE PLAINS. y. v, Feb. 17.-Al-
though all arrangements had been made
to draw a special panel Of jurors to-
day for the trial Of Thomas Mott Os-
borne on the charge of perjury next
Monday morning. the former Sing Sing
warden. fianked by three lawyers.
marched into Part III. of the Supreme
Court. presided over by Justice Nor
schauser at White Plains to-day. and in
addition to fiing a demurrer. also moved
to dismiss two indictments found against
him.
This action ne as a great surprise
to District Attorney Weeks and his as-
sistan,. william J. Fallon. who had
brought "A number Of convicts from
Comstock and Clinton prisons, ready for
the trial.
When George Gordon Battle moved
to quash the Indictment for perjury and
thu Indictment for Acknowledgement,
which incl dcs neglect OF duty. the
county prosecutor had little to say,
except hat ne would submit a brief.
When Mr.. Battle said that Mr.. o.
''t Nv W"F f'b'N w iva w INV III I .
seding indictment for perjury as well
az the Acknowledgement bill. Disi riot At
toiney Weeks said. IAN right" and n
formal mot guilty was entered against
each bill.
1T IL evident that the case canno,
20 TO trial on Monday" said Justice
Morschauser. land 7 will therefore with
draw the order calling for the drawing
Of the extra panel Of Jurors to-day
Justice Morschauser also announced
that he would hear oral on
the motion to dismiss both indictments
In addition TO the demurrer at his cham
beers in Poughkeepsie next Monday
morning. II thu perjury indictment is
not dismissed II was agreed 10 go 10
trial on February 20. 1t was generally
predicted that as only a question Of
law ~ involved. the perjury indictment
may h" thrown out. and then the cues
ton of negl Z Of duty will he taken up.
Mr.. Osborne appeared in court early
" IN his L. ;yers. Mr.. I'attle. Hunting
ION W. Merchant and cx-Judge NJ y
Tierncy OF New Rochelle. 40 hin, was
given hat the motion was to he made
until Mr.. Osborne had been allowed TO
pl AL. and then Mr.. Battle said that he
not alone demurred TO the mismsnace-
mert indictment. but he also moved to
dismiss both indictments declaring that
the Indictments had been obtained by
Illegal evidence.
The Indictment for neglect Of duty
was returned on December -. and Mr.
Osborne was not allowed Ia plead until
to-day. because District Attorney Weeks
persiStcn;ly insisted that he Was the
regulator ~ his - ~ criminal "alcuda".
That most of the twenty-on- ,onvicis
in Sing Sing prison who were Indicted
on IN" testimony Of James Harvey. an
other inmate. are going Ia uIc" An early
trial was evidenced this mufuiuG when
Alexander ksrliu. representing Joseph
Toblinsky. - burglar. Appeared before
Justice T~ulupkius iu TIA" Suprriuc ''oGrt
and asked for a. order 70 compel DIS
'ri"i Attorney Weeks To- arrtigu he CON
NIci for pleading
When tho ~ ton was made the pros
crutnr said he had contrib of his own
calendar and would arraign Toblinsky.
who is Known as "Nushky Niger"
whenever no saw ~.
'rhat j. not So" said Justice Tomp-
kinS THE court has the power 20
arraigu the accused after a reasonable
time has elapsed and the District ~
toruey fails to act. viii direct that
tn" accused be- arralCncd and allowed TO
plead
As ToblinskN WAS not in court il was
arranged tn have the pleading to-mor-
row or Monday.