The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-09
RILEY SERVED
WITH CHARGES
OF MISCONDUCT
Governor Sets Tuesday for
Hearing After Flat Re-
fllSal to Resign.
WHITMAN BLAMED
BY PRISON HEAD

Ill IklSON HEAD
AtBANY. y. Y. Jan S.--,;ov. Whitman /,
to.nigh, served Superintendent of Pris-
ons John h. Riley with charges of mis-
conduct in office. setting Tuesday at noon
for a hearing, upon the Hat refusal OF
Supt. Riley to resign, In accordance
with the Governors request The charge
Of the Governor is based ON an ordered
transfer Of siNty-siN prisoners from Sing
Sing to Dannemora prison. which, the
Governor asserts. was contrary to the
best interests Of the prison department
and tile state" for six specified reasons.
In a tinal letter tonight. refusing to
ign after he had explained the ordered
transfer at length Supt, Riley puts the
b.ame squdrely up to the Governo. FOR
the deplorable conditions existing at
sing Sing prison under Warden Thomas
Mott Osborne, because he insisted upon
IN. retention of the warden in office
despite the fact that the superintendent
frequently called the Governor atten-
ton to tho state of affairs. lie is proud
OF his record as superintendent he tells
the Governor. which has received the
public commentator of the Governor
himself, ana Will not resign. He denies
absolutely that the order was intended
10 ewbarrass the Mutual Welfare League
OF Warden George W. krchwey in
any way.
The to>~ruor's Charges.
About one hour after receiving this
letter from Supt Riley the Governor
served these charges OIL the supern-
tendsnt IN his hotel.
You ar. charged with having been
guilty of misconduct in office. by reason
Of the fact that you did on or about
January I. 1916. knowingly and with
intent to disrupt and break down the
management, Of one of the prisons under
your jurisdiction. and To hamper the
work of the warden. make an order
directing the transfer from Sing Sing
prison to the state prison at Dame
mora Of siNty-six conviCts, most OF
whom were regarded by the warren as
Trustworthy and necessary under the
pres. Mt conditions for the proper admin
stration of the affairs Of the prison
said action heins contrary ~ the best
interests OF the prison department and
of the state by reason OF the following
facts:
That said order was made in viola
ton Of "A certain understanding and
agreement entered into by yourself.
Warden kirchwey and the Governor, as
TO the management of the prison during
tie temporary wsrdenship Of Dr. kirch-
weN. To which position az warden you
appointed him on december 81. 1915.
four days before making said order.
That there was no just cause or
reason for transfer Of large number
nj b. MAJ usl,n NJ IN the
order of transfer
IT ut Warden Osborne of the prison
had supplied YOU with u list NJ prisoners
10 be transferred in ac ordance with the
t,uE established custom in such matters.
That the Lis, supplied by said warden
WI Composed largely of those afflicted
WITH disease and was in all respects
proper list.
says Names We're substituted.
'"lhat yru substituted for the names on
slcn list. 10 the number Of about forty,
the names 81 other inmates of the prison
whose conduct, with one or two cxcep-
tons, has been unusually good, who
we're well known as reliable and trust
Worthy men, and some OF whom were
known To be prospe tive witnesses for
n. defence in the case of the people VS..
osborne
slouid It be permitted, would be to in
tm.dat. witnesses in a criminal action
nov pend.uc la the courts, as well as
SERIOUSLY TO hamper, II not to render
.Ur-Sslb bile. the proper administration of
tn andirs of the prison under the new
Warden.
4 hereby fN Tuesday. January II.
lii6. At IL clock noon. in the Executive
Chamber. as the time when and place
10 given an ounDrtunitt
t. r- heard IN your defence
VIII you employ counsel in your de-
f.,e'" Supt Riley was asked,
Il hardly know as IL is necessary
Surt Riley ana Gov. Whitman both
made public tonight the long letter
sou 30 the Govern by Mr Riley last
rsnr replying to the Governors re-
uIos' that II. sn immediately be-
,u,s Of the ordered transfer OF prls-
o''rs Nj. Riley said the list of pris-
"nar. Wds begun while Osborne was
t'll warden aud as ftndlly mad" up con-
t4Iu-d tho names OF fourteen tubercular
Cnn,irtS, fifteen nsmcs submitted by
q. borne himself and the others we're
U.'~vcd under the circumstances to be
pnper men for transfer.
The List Held IP.
To lIst WAS held UP. however. Supt
r.'t -ays, until the new warden. Dr
i fr.n~ey, had sent 4 'ist Of the new
officers OF the Mutual Welfare League
recently appointed. \ few OF these
nturs, appearing IN the list, were elm
Matted. Warden Kirchucy, who hac
r"en informed when appointed that th'
Hst Was IN preparation, knowledget
70. ..'e'pt, Supt Riley said, and ad
v.sCl him that owing to the execution
4" prisoner yesterday, II would ~
hnIo--IDl" 10 send In. mon Nurwar'
ur'l NnudI". Nurdsna often ssk To-
80 elimination of names from Lists PIE
rar"l for transfer, nc said. and he woul'
hu.v nave done 40 in thiS case ha'
arden kirchwey intimdtcd that an!
. the men should mot 20 bc"au~r %
".' "rfGlnrS3 TO the Mutual W"lf"'
!."lguc ur for any other good reason
H. challenged the Governors state
r'r that the transfer from sing Sim
:" bduucmora, except In case Of tubcr
'Ildr patients, Ia regarded as punish
n"ul' declaring II "rvidcnily base
ssOa misufurnatiou." lie explains tn
stem OF transfer established by him
s"lf
"Ihe fact that the Mutual Wcifar
.."agu" WAS organized at Auburn wilt
ny approval" said Supt. Riley. "an
continued on EiOhth Page.
htJsJt spFtIAI-.l .O6 r. NJ, DAlIN