The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-22
WHITMAN GUSTS RILEY:
OSBORNE NOT AN ISSUE
Governor in Statement Says
Prison Department COndi-
tons Are lntOlerable.
REGRETS GIVING ORDER

ALBANT, Jan. 21.-Gov. whitman
signed An order to-day removing from
Office John 3. Riley Of Plattsburv as
State Superintendent OF Prisons and then
took a train for New York.
While in New York Gov. whitman Ia
expected to confer with men prominent
In prison reform work, with special
reference to the candidacy OF certain
men whose names n Governor has been
considering as likely officials to conduct
the affairs of the state Prison Depart
ment n take 1t out of the turbulent
state existing for a year or more.
Frank T. Wade Of B,Hraio v~ice-presi-
dent Of the State Prison Commission
has been the man most prominently
mentioned to succeed Riley. but the Gov
crnor will not make up his mine until ne
returns to Albany.
owen l.. Potter, who mas been execu-
tive legal adviser to Governors since
David u Hills time and had served tenn
p~orarily as state Superintendent OF
Prisons after GOV. Sulzer removed Col.
Joseph i. Scott. was assigned TO the
office to-day by Gov. Whitman after the
h'"i o''Ni ''''VN'hs 'N'NN NV 'etu
served.
Mr.. Potter said he would not take
part in any proceedings conducted within
the next week or two by the state
Parole Board and would merely ad-
minister the affairs of the Prison Depart
ment along ines desired by the Gov
rno until a new superintendent was
appointed.
Attack ON the Governor.
Riley declined tonight to add any.
thing 10 the formal statement given out
by him earlier In the day In which he
attacked the Governor bitterly. He said
he would go home TO Plat,sburg to re-
sumo the practice OF law. He shook
hands with all the attaches Of HE office
and thanked them for their loyalty to
him. Some of the women employees had
a tear or two IN sight when Riley de-
parted. hut they were wiped away
quickly when Mr.. Potter assumed charge.
state Senator Edgar T. Bracket. who
acted as counscl for Riley. said "thc ex-
pectcd had happened"
ITO call such a proceeding a hear
ing" said Mr.. Bracket. "ard such a
removal for cause within the definition
of the Constitution IL ludlcrous. The
Executive wanted tho job In the building
up of his little political machine. II
would have heen more manly To have
avowed tho wish and purpose The re-
suit IL unjust. and my prediction II that
1t will prove to he impolitic as Well"
The Governor gave out this statement
on his action
81 find that on or about January 4.
1915. the respondent did order the trans
fer. from Sins Sing 20 Clinton prison
OF sixty-siN convicts that. as II SGT forth
In the respondents W letter Ia Warden
Osborne OF November !. 1915 Trans
fer to Clinton prison, except In the case
of tuberculosis. is regarded as punish
ment. n the plan Of making the dis
c'pline In the other pr rsons easy. by con
ccntrating incorriCibles in Clinton. is TO
be successful. such transfer should only
h. made on account NJ bad conduc, which
has been clearly established
81 find that Warden Osborne, Just
prior to his leaving the prison. sent to
the superintendent a list for transfer.
containing se~renty-one names that such
list. 20 far as any evidence has been
presented to me is concerned, was en-
tirely proper and made out In accordance
with the rules and instructions that
IN the superintendent's own Office on or
about January 4 thirtv-nino nAfne were
Withdrawn from this list and thirty-nine
others substituted that there is nothing
TO show that the t~hirty-nine. who's
names were substituted were inCorrigihle
or deserved punishment for infraction Of
prison rules hat among the th~!rty-nine
there were many Of those who were con-
~spicuously Identified with the work OF
the previous warden. as we'll as nine
persons who were prospective witnesses
FOR the defence IN the case Of the People
against Osborne, now pending in the
supreme Court, Westchester county 4;
that eight OF the names appeared on a
list of fourteen names sent by Mr..
Osborne or his counsel to the authorities
charged with the enforcement of the
criminal law IN WesiChcster county as
witnesses whom the defendant desired
called in his behalf
"Oue of two things is true. Either
he was knowingly and willingly a party
to a plan deliberately conceived Toy the
purpose OF affecting the result OF a Grim
inal tria!. or the condition Of his i'm
portant office was such that this wholly
reprehenslblc thing could he brought
abou, BY his signature and without his
knowledge.
ANY criminal lawyer of experience in
this State must know that II that order