New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-14

furnished a motive for the offence al
legged against the defendant.
When Mr. Osborne entered the court
room with Huntington W. Merchant,
his personal attorney, he found every
seat on the main floor and in the gal
lery filed by 800 men spectators. he
smiled at his lawyers. shook hands with
several friends. and seemed 10 be IN
excellent spirits. While he was taking
notes on the jurors Mr.. Osborne was
interrupted 20 greet four women, VINO
took seats behind the counsel table.
In the group were Mrs. William H.
Wadhams. wife OF the Special Sessions
Justice. and Mrs. Clara p. White, OF
New York. and Miss Eva lngersoll, OF
Dobbs Ferry, daughter OF the late ROD
ert G.. lngersoll.
In spite Of the speed with which the
Jurors were selected, they were SUD
jected 70 careful scrutiny. They were
asked whether they had ever heard Mr..
Osborne speak, whether they had re-
ceived through the mails copies OF en-
article in New York morning news
paper In favor Of the defendant and an
editorial in a Port Chester newspaper
against him, whether they were ami
lated with any political organization
in Westchester County and whetner
they would allow the fact that the de-
PENDANT was a wealthy and influential
man 70 have any effect on their VerdlcI
OF the thirty-three talesmen examine
only one admitted that he had followed
the so-called Osborne situation IN the
daily papers and that he had formed
an opinion on il. Mr.. Fallon questioned
the talesmen for the state and ex-Ju dge
Michael J. Tierney, Of New Rochelle,
for the defence. Former Assistant
District Attorney Deacon Murphy, Mr..
Merchant and Mr.. Osborne himself fire.
ouently conferred before registering a
challenge.
Fallon Recites Charges.
At the opening of the afternoon ses-
sion Mr.. Battle moved that the indict
ment be dismissed. Justice Iompklns
said he would reserve decision. But !
make this motion very seriously, ar
gued Mr.. Battle. Yes, and / viii con
slider il seriously, II necessary, after
the iurv has rendered its verdict" the
court replied.
In his opening address 70 the jury
Mr.. Fsllon said the only interest the
state had In the case was 20 prove the
charge Of perjury against Thomas Mott
Osborne.
This defendant had double duty 20
nerforn when Dr. Diedling called at
the prison" the assistant prosecutor
said. ne had 20 testify truthfully, and
he was under special obligation ss war
den 10 aid g member Of the State
Prison Commission IN finding OUT con-
ditions in Sing Sing"
After sketching the history OF MI
Osborne's system OF partial sell gov
eminent. known as the Mutual Welfare
League. Mr.. Fallon said the prosecu--
ton would prove that delegates ana
sergesnts at arms in this organization,
elected 70 prevent vice, had suppned
occasions for immoral practices. tie
further charged that the warden hao
been implicated in the alleged destruc-
ton Of the judiciary boards recoros'
which disappeared soon after twenty
one convicts were found guilty on mar
vey's testimony.
that the District Attorney could no.
nroceed against them because the rec
ords had been lost" Mr.. Fallon sald
"He said he would 20 TO prison before
he would ever tell what he knew. lie
told the convicts he would get the
brother OF Supreme Court Justice ): 4
Young. who was responsible for Mr
Weeks political existence, 70 stop one
invcstigation. lie advised this bog
Harvey not 70 tell his story. He used
Iii ,ocans and efforts 70 prevent the
Grand iurv investigation mere the
ssr~aig3mcnt Of the defendant was cut
ebort nv an objection from Ny. Bait 10.
n conclusion Mr. Fallon said he would
seek 70 show that in a sworn statement
before Justice Morschauser the war
Jen had contradicted the testimony ne
80 under oath 10 Or. Diedllng.