The Bridgeport evening farmer., 1915-12-31
KIRCHWAY WILL
REPLACE OSBORNE
As PRISON HEAD
Former Columbia Head Chances
Mind and Accepts
Position.

denship of Sing Sing prison because
position pending trial of the indict-
ments found against him by the West
chester county grand jury, Governor
Whitman said last night.
Efforts to get him to leave his po-
sition were still being made late last
night. His attorneys, George G.. Bat
tie and Huntington w. Merchant, are
both here and are comforting with
the governor, but Warden Osborne
has resoluteIy refused to give up his
position. sticking to his declaration
that he will not leave Sing Sing until
he is clicked OUT
George w. Kirchwey, former dean
of the Columbia University Law
school, who has had several confer
ences with the governor, has agreed to
accept the wardenship permanently,
and he will be appointed as Osborne's
successor in any event. He is the
of Prisons John B. Riley, who has
the appointing power, will accede to
the executives wishes.
Osborne SteadfastIy Refuses.
The Osborne affair greatly inter
fered with a dinner given by Governor
Whitman last night at the Executive
Mansion, at which Mr.. and Mrs Ell
bert H. Gary were among the guests.
The dinner preceded the Charity Ball,
one Of the principal society events OF
the social season.
superintendent Riley's determine
ton to remove Osborne in case he did
not resign caused the warden to come
to Albany, arriving shortly after
o'clock He was accompanied by Mr..
Merchant, but Attorney Battle missed
his train and did not get here until
n 49, IL A
conference which was sought with the
Governor caused him to delay the
Gary dinner nearly half an hour.
+. Governor Whitman was then notf-.
fed over the telephone by Mr. Battle
of Osborness refusal to leave the war
denship, and another conference was
arranged for / / O. cIock, after the Cow
ernor returned from the Charity Ball.
Gov whitman told the newspaper,
men that Osborne would have to be.
removed if she did not get out volun-
tariIy. He said everything was being
done not to humt-iate Mr.. Osborne,
but that as a simple question of law
it would be impossible to permit him
to remain as head of Sing Sing pend
ing his trial, at which prisoners over
whom he has charge will appear as
witnesses against him.
Counsel Agrees With Whitman.
Mr.. Batt1e.sit is understood, agreed
with the governor on. this point It
was held that if Osborne remained
head of Sing Sing it would tend to
influence the testimony of the pris-
oner witnesses Gov. whitman said
he had never believed the charges
against the moral character. of Mr..
Osborne but that it would not be
right for a man charged with a felony
to be allowed to remain in a public
position.
civ 70
Warden Osborne to retire, but up to
late last nigh the stuck to his deter
r11fnation to he Kicked OUT rather
than. . resign He wrote to Supt.
Riley yesterday that he would agree
to accept a suspension from his duties.
pending the trial. on condition that
he be restored If he is acquitted. The
superintendent refused to grant this
request on the ground that Osborne
would still have all the powers of
warden. even though another was
was temporarily chosen to do the
work. The law makes no provision
for a deputy warden to act for the
Therefore, it was held Osborne
must getIout altogether and another
man be made warden, even though
temporarily.
Duty, Kirchwey Decides.
Mr.. Kirchwey. after a long talk with
Gov. whitman, agreed to accept the
no matter in what man
ner Osborne left it. While he had OBJ
jected to accept a position from which
one of is friends had been forced out
he said that he felt it is duty to take
it. He took the position that one who
has been actively identified with prison
reform should continue the work be-
gun by Osborne.
An effort was made by. Mr. Kirch-
wey and the governor to get Osborne
to sign a letter, agreeing to give up
the werdenship altogether. 1t virtually
amounted to a resignationf without the
word resign in it.
When the letter was shown to Os-
borne, however, he said he would have
nothing to do wit it. When notified of
this. the governor made it known that
Osborne would have to be forced out.