The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-31
Warden Forced by Cover
nor to Withdraw Until
After His Trial.
REMAINS OBDURATE
TILL LAST MOMENT
Whitman's Dinner Party
Almost Spoiled by Re-
quests for a Hearing.

AisASY, Dec. 3i.-0ov. whitman at
1880 this morning made public letter
I. from Thomas Mott Osborne requesting
STATE Superintendent Of Prisons Riley to
sppolnt warden Of Sing Sing Prison to
oct during Osborne's trial.
osborne's counsel labored all evening
until midnight at the Hotel Hampton
sndeavorins to have the warden write
such a letter. but until the fast moment
the warden refused to do 20. Then
George Gordon Battle and George w.
Kirchwey, who Is to be appointed act
ing warden OF Sing Sing. waited upon
Gov whitman at the Executive Man
sion and handed him the Osborne letter
addressed to Supt Riley. This letter
reads:
7 "As you are doubtless aware. the de.
i,bera,ons OF the Grand Jury Of West
chester county have resulted In two In
dictments being found against me. II
10 obvious that the adequate preparation
Of my defence will make It necessary to
BE- away from the prison for a consider
able period OF time. therefore ask that
may he allowed leave of absence until
the final disposition OF these indictments.
which I shall do all In my power to
hasten.
Il therefore ask that some satisfactory
person be designated to perform the
duties OF agent and warden during my
bave of absence"
Governor satisacd.
Co... Whitman seemed to be satisfied
Wit ,nis solution Of the problem, and
Ae said:
This is the only proper method OF
bringing this matter to n conclusion. II
is intolerable that a man indicted should
himself he In absolute control OF wit
nesses both for and against himself. Mr..
Osborne has seen II and he understands
the imprupriety."
''Wiil Warden Osborne GO back as
warden when the trial is over. II he 10
AcQuitted?" the Governor was asked.
81 assume So" nc replied. but he
would have to be reappointed warden"
Supt. Riley when informed Of os-
borne's action and the comments of Gov
Whitman said he would appoint Dean
Kirchwey as acting warden this morn
Ing.
Z den II he is acquitted" Mr.. Riley was
asked.
THAT is a question for the future" he
replied.
Mr.. Riley earlier had gone on record
smphatically in opposition to Mr.. Os-
borne's returning as warden OF Sing Sing
prison. no matter what the outcome OF
his trial.
Warden Osborne's attitude toward re-
linquishing the post of warden under.
went a queer change yesterday. Wednes-
day night he was willing to submit to
a temporary suspension. Last night for
hours he refused absolutely to Sign a
letter framed tg the Governor. which
merely called for his separation from
Nlson affairs until the end Of the trial
Dianer Al9ost spoiled.
Warden Osborne's counsel. George
Gordon Battle and Huntington w.
Merchant, bent their energies to
quesce IN the suggestion that he be re-
lieved OF the wardenship. In spite Of
their pleadings and the suggestion Of
the Governor the warden remained OBJ
durate. Under no circumstances would
he consent to retire-and SO hxed was
this idea in his mind that the Governor
was obliged. In view OF his legal con-
struction of the situation, to make It
plain TO him that he must abdicate or
subject himself to the other alternative.
suspension.
and Mrs Ebert II. Gary and party Of
friends at the Executive Mansion last
night was practically spoiled by the re-
quest Of Warden Osborne for a hearing.
The Governor. feeling that he should
give the warden every opportunity OF
gracefully relieving himself of the duties
Of the wsrdenship Immediately agreed
70 listen to anything the warden had 10
say.
Jnno ,f,ar o ,,oIo,l, Wa r,,av, n,hcrc.
who came to Albany with his counsel
Tor this hearing, had failed to show up
at the mansion. The Governor was told
that the delay was due to the fact that
George Gordon Battle had missed
train.
Climax at Midnight.
After the Governor had been seated
with his guests he was interrupted by
the wardens counsel. who telephoned
him from the Hampton Hotel, where
they were in conference with osborne.
With Mr., Merchant and MIR. Battle the
warden conferred for a long time AZ
tf this conference II was announced
70 the Governor over the telephone that
there had been Il decided change In the
warden's attitude, and II was then that
the position the Governor had taken In
the matter was made public.
IN" appointment or Dean hlTCnWey
as warden of Sing Sing to serve pcrma-
nen'ly was decided upon late last night.
MS appointment. 1t Is believed. will have
lhe effect ot quieting tho clamor stirred
W by Warden Osborne about his indict-
ment being the elimination Of a con.
PIRACY 10 upset his work IT Sing Sing.
hircn~ey, more than any other man In
NE state, knows the Osborne system.
sltnoueh he Is said to he of disposition
hol to carry the welfare Idea to such
extremes as did Warden Osborne.
pt'n k'r"hw"v would mot accept the |
~ardenship "Wednesday night unless Os-
oorne would consent to relinquish the
place Last night he realized the futility
VI such course, for during the day II
was made plain that II he wanted Do be
warden Of Sing Sing he must make up
ns lnind--and very quickly. He did
make UP his mind. and win be named
superintendent Of Prisons Riley did
"o' N'lt the Executive Mansion. He
nas al his hotel during the Developments
bany. "