New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-13
Ex-Warden Eager to Take
Stand - Anti Reform
Towns Rule Panel.
DETECTAPHONE HUNT
BATTLES PROSECUTOR
O'Farrell Stands pat-Urges
Fallon to Publish His Notes
Whitman Denounces Scheme.

Thomas Mott Osborne will 20 on
trial al White Plains this morning on
the indictment charging that he com
mitted perjury in an inquiry DR.. Ru-
dolph Diedling. prison commissioner
conducted single-handed in Sing Sing
Prison on October 5. For the trial
$50 talesmen have been summoned. and
it ia expected that at least two days
will be consumed in filing the jury
box.
Mr. Osborne last night said there
was not particle of doubt that he
would be acquitted.
81 am not in the least worried by
the outlook" said Mr.. Osborne. "The
worrying is being done by the other
side. Take the stand? Certainly l
will take the stand. ] have been try
ing since December %, when the first
of the indictments was found, 10 get
my day in court 10 deny the outrage
Gus charges made against me. Fur
thermore, this thing is not ending, by
any manner of means. 1t is only just
begun"
Think Panel Anti-OsbOrne.
Both sides are expected TO display
unusual care in selecting jurors: In
this the defence is under the handicap
Of having had only three DAYS TO in
vestigete the records and affiliations
Of those drawn in the panel of 100 or
dered TO report to-day. Friends OF
Osborne said yesterday that the un-
usually large proportion Of talesmen
from such places az Yonkers, Ossining
and Greenberg where Osborne Is not
liked. made the task OF counsel FOR
the defence difficult.
District Attorney Weeks was az con-
fdent as the accused warden. lie
told friends yesterday that he was sat
isfied the result Of the trial would vim
dictate him. A score OF county detec-
tives and men from a New York
agency were securing Westchester yes
terday looking for the men who placed
the detectaphone IN Mr.. Weeks Office,
and for others Of Val OFarrelrs men
who rumor said were at work IN the
county
Governor Whitman yesterday denied
all knowledge OF placing the instru-
ment in the District Attorneys office
and intimated that II he were District
Attorney he would find out who the
culprits back Of the scheme we're He
said the offence seemed 20 be almost
tampering with grand jury secrets.
O'Farrell Keeps Mum.
Persons who talked with the Gov
ornor said he had been very much an
moved by the statements credited 20
Assistant District Attorney Fallon that
the detectaphone records would show
that he had been severely criticised
and accused OF having dealt unfairly
with the District Attorney. Friends
of Mr.. Weeks have long been charging
the Governor with double crossing
him.
1t is known the Governor has told
friends that he was displeased with the
vav the Osborne case had been ham
died. but felt he should not interfere
until after the cases against the &C
cused warden had been disposed OF.
Repeatedly he has told callers he has
every confidence in the warden's honor.
Among those whom he conferred with
Yesterday was George W. Wickersham.
ex-Attorney General Of the United
States and prominent In prison reform
work.
Val OFarrell. the detective whose
stenographers were found at the re-
ceiving end OF the detectaphone, again
refused Yesterday to divulge the name
of mis- principal or 70 give up any o.
the records he might have.
an due time al! that will be told
said he. Until then am standing
nat. Let Mr.. Fallon make public the
records he has. No one will ask then
that the placing Of die in the office
be justified BY any man. Fallon -
protesting too much. lie IS trying TO
find out how much we have. He does
not know and ne won't know for
while"
Among those under subpoena 10 ap-
near IN White Plains tomorrow are a
number Of convicts. headed by Will
lam Willett, convicted Of attempting
70 buy a seat IN the Supreme Court
Others on the list are DR.. Diedling,
Clifford Young. a clerk Of the Prison
Commission, and John B. Riley.
The basis for the charge against Mr.
Osborne Is that he denied there was
any immortality in the prison.
Assistant District Attorney William
J. Fallon will try the case for the state,
assisted by District Attorney Weeks.
George Gordon Battle will be chief OF
the Osborne staff. With him is Hunt
ington W. Merchant. Others who will
aid are ". J. Tierney and Alexander
Ksrlin. Justice Arthur 8. TompEins