New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-01-04
District Attorney Decides
No! to Try Warden on
Present Charges.
PROSECUTOR FAILS
TO APPEAR IN COURT
Informs Justice He viii Ask for
SupcrSeding Indictment
Next Week.


Osborne with personal immortality is de
tcct've and viii not be prosecuted by
District Attorney Frederick +. Weeks
his developed yesterday morning in
White Plains when inquiry by counsel
for the warden a. 20 why the Distric,
Attorney Office was not present in
court when he appeared to plead.
Hy instructions OF Justice Norschau.
scr. George Gordon Battle and Hunt
lneton ". Mcrchan, went in search OF
the District Attornoy Later they re.
ported TO the court that Mr. Weeks
hoped to have supcrsednc indict-
ment, and that until this was reported
next week he would not be ready to
have Mr. Osborne arra.Eacd.
The cfec. Of this decision by the
District Attorney is 90 make impossible
the immediate trial that Mr.. Osborne
has demanded
Previously. Nr Pat,lc had announced
70 The court tina. his client wanted an
immediate trial.
Osborne Ready 10 Plead.
Mr. Osborne is here at the earliest
,oss,hlo ,,oroo, g., ,lood % +hoso
,t..-,,.o sa;4 ho auo ,ra,+s 49, -
No. .r;,I. ,n.a.. 49, doIar ,n1 -,
~, rrs. ston ,on.ard +bo, trial Il !.
~. dos;ro 80 n,o,d now
.r. a,.o 49,. i,.or,;o,, - .;io
49,. a.. io..n 49, 80. .,o nrond
no" 'o' ''"'e ~ "'P''' '"o E'"''''
jury minutes.
Tho court suggested that Mr.. Battle
+r, . ror,,ol ,,o,;o, r,~ ON ordor o.
..-' " .'.'' ,,,'''J'' W. ~. IS
snow cause why the minutes shouId
not he thrown open. promising TO pro
vida tho nanere u,ber tho formal,ties
-
nad oc'' o''po>'' Oh ana me minutes
written out.
W,rdor osbo~no sat in tho rear Of
me court "nlie MS lawyers were c''-
H"-'' W.T." '"' court ne vas SIN INK
- ...-.o.o ,,o,. 10 i,d;o,od ,,o TOW
,.,.,. 80
MURDER now ne ue0laIeu ~ IL leiu
"Sn-, warden SAID the friend, u
cot j.. stroight that Won are indicted
lat. mn. n...r
'O' "''''"S D'''N
you don't say. replied the warden;
"and after all nv efforts these long
-. =. -. s.,
ears W N0eP ny P"'' 81"
quiet
But" he went on seriously, If they
..;..l. .to,. o,.o ,.oi,e- %, euccead il, ye..
INNS ii'S "I' Fo,.E ~ ~ coso iv.,
'-' r.. o. 49, ...a,tod j., ,o.Ja, thc,. arc
- 80. tn.
,'..s .''H.I. Won IN 'i 80 80 To-. no
IA. "a s''' " ., -, gnu '''" my
10, 70 .e ~, ,,,. .l,o
IHlIES - NJ W. N'nS Wv ~
lHeE tHuusHV I"eE NOu,N ny ~
lholctiheH1 N"S supposed - DC $50
r.o-H4 II" e. me ou. ~'' *, - ,'',
ne" 0U"'u ""'' 'V' ny
o. - 'o''. $500. s..... o,,.l ..o,, oo.,,,,.
10" can say loI me- H.'u . 90 -; Si'', ~.
, -, ,,,..5,co daIa,. j., t5;s caSo
permit u"uOe oe''' ''' ''''s ''Se'
MiS-up No surprise 10 Warden.
-...- -. a.. n;..-;.. ,..,rno..,,
70 ne ac''on Oh tne DIs'iISi A,'olHei
once was no surprise eiyner ~ Sne
WarGtH or 10 H!s I'm W va
we DIE W. I.lcu me "ase ! uc|IaieG
,,S. .c 'io.',,.,v., o,, , rG b,t ~
". -, o,,+ of t,a ,.-;.or Tbe, ba,.c
sGV nm ou' u. ne PiiSo 1i;o De H. 10,
80 my 'ia '''T - o,.o'is'
men, wien -ICIuora ,n ' Io 60 LIZ
nay wa. anu - ;.i
being domurred 20. acquttal on a de-
80 5ofe, ',sr'0 ''' '''N 90 '' "'' "
Yet further DELAY is expectcd in the
matter of Inc orand iurv minutes. for
it is whispered about the courthouse
that these have not vet been tran
scribed and cannot be for some time.
The tvpinr Of these means a big bill
for Westchester County.
District Attorney Weeks admitted
after the court session that the grand
Jury, which is now OF vacation, had
not vet voted the new indictment he
expects 20 present. II is expected that
IL will so vote some time after Mon
Gay
lie further said thot il would prob
ably cover more ground than the IN
dictment it supcrecde<. Mr.. Weeks ad-
mitted the indictment vas being sban-
doncd because II is defective.
"Wiu the new Indictment carry a
charge or charges OF personal immo-
rality?" the District Attorney was
asked.
"Ytu know better than 10 ask me
such question" he replied. "You
know Il would be highly improper for