The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-19
DROP THE OSBORNE
IMMORTALITY CHARGE
Sing Sing Warden, to Face
Only 3 Counts in Indictment,
Sees VindicatiOn.
WEEKS SEEKS REVERSAL

WHITE PLAINS. y. Y. April IS
Thomas Mott Osborne. warden Of Sing
Sing prison. won his third straight VIC
tory over the county authorities who are
pressing criminal charges against hin
when his counsel succeeded this morning
In having the charg OF personal i'm.
morality struck from the sole remaining
indictment against the warden.
Since the charges against Mr.. Osborne
left tho Grand Jury he has won every
test of strength with the District Attor-
hey. one OF the two indictments against
him was dismissed and Of the second
indictment. which had six counts. only
three counts remain.
Mr.. Osborne and his attorneys con.
slider that with the decision OF Justice
Plat the bottom has dropped completely
out Of the charges. They believe that
the only serious charges were that OF
perjury. dismissed at the first trial tina,
OF personal immortality. dismissed to-day
and the two counts recently struck out,
which include failure to attend TO his
duties and 20 report ~fclonies to the Su.
rerintendent OF Prisons.
Only Three Counts Remain.
There remain only the second. third
and fourth count of the second indict-
incnt. and Mr.. Osborne II Mr.. Battle
believe that the charges in the counts
are trifling cOmpa red to the others.
MIR. Osborne was In Boston tonight
When he returns he and Mr.. Battle viii
determine upon a plan of future action
Both will not be satisfied until they
obtain positive vindication OF the charges
just now II appears probable that the,
will either ask Gov. Whitman to appoinI
Il commissioned under the Moreland aci
to investigate thoroughly Mr.. Osborno's
morals, and spread the findings broad
cast. or ask the Attorney-General OF
the state TO take charge of an investiga.
ton into the way in which District At
torn.y Weeks and his assistant. William
j. Fallon. are said to have used IN,
Grand Jury of this county. the method
10y which witnesses were taken befor'
the Grand Jury and other points.
Mr.. Osborne believes that the time 70,
HIM to remain on the defensive ha,
passed. and that from now on he SHOULD
direct counter attacks against those VIII,
have been assailing him.
The District Attorney has a hghtini
chance TO have Justice Platt's decision
reversed and tho immortality charge
restored 20 the Indictment. Justice Plat
has not signed AN order striking out tn
immortality count. He simply read his
decision and delayed signing the order
until Assistant District Attorney Fallor
has an opportunity 20 submit the matter
Ia tho Appellate Division Of the Supren,
Court.
EalIOn Tries ia Get . Writ.
Immediately after Justice Plat an
nounccd his determination Mr.. FalloI
went TO brooklyn to obtain from thu
Appellate Division u writ of prohibition
preventing Justice Plat. from signin,
the final order. hut only three Justicei
were sitting there. II is necessary tina
thor" ,c four. 50 MIR. Fallou Will rcturi
on Thursday and try TO obtain this writ
Justice Plat ruled that the ~languas
Of the indictment IL too vague in III,
sixth count. lie said the indic;men
must contain "a plain and concise state
ment Of the Act constituting the crime
IN order to identify the occurrence an,
enable the defendant properly TO com
la. II. The count failed to contain IN,
necessary details 81 tn" alleged crime
he said therefore in ~furtherance Of jus
'icc and public economy II Was his dut,
to order il struck out.
EN-Judgc NJ. j. Ticrucy of counsel 70
Nj. bShoruc Immediately moved tina
his client he placed ON trial on the re
manning counts. bit MIR. Fallon objected
as lac said he intended 10 try TO get tn,
writ from the Appellate DIVISION. =
he tral went over and no date for |
has been set.
tn" remaining chances of the ird.ct
,nent are that Mr.. osborne Wa guilty %
general m-ismanagemcnt and ailur Il
maintain discipline. to which failure u
dircCtlv attributable the various immora
acts "f more than nfty inmate. Of sim
sing that he was responsible for Il gen
cral lack nf discipline, which was 70
spousihlc for unfortunately forty fcloni
GUS assaults during eight months, an,
that he admitted various men to- IN
lighthouse. This last charge is based o,
allegations that convict Murphy nm,
several others were allowed TO 'v!si
Charles Becker.
immediately after Justice Platt an
nounccd his decision the news WAS telc
phored to Warden k~irchwey's office 1
Sing Sing. and from there II was tclo
phuned to the various workshops OF IN
prison. The announcement Was Greetc
with cheers. according to Spencer Mi
: Ter. the warden's secretary. When aske
IL there was any parade or speeche
Miller said:
'"No. We reserved them until tho re.
of the housc Of cards falls down an
Mr.. Osborne comes back