New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-06-01
State Prison Head Will
Respect Agreement for
Him TO Return.
KRCHWEY ANXIOUS
TO GIVE UP POST
Ex-Warden Believes Time Is
Now Ripe for Him to Re-
sumo His Place.

James VI. Carter. Superintendent OF
Prisons, cleared the way for the re
turn Of Thomas Mott Osborne TO his
duties as Warden Of Sing Sing ycster-
day. He declared in Albany that he
would respect any agreement made
when Mr.. Osborne asked for leave Of
absence to meet the indictments
against him last December.
This statement by Mr.. Carter fol-
lowed the announcement by Mr.. Os-
borne on the eve of his departure for
his Auburn home that he expected TO
ask for reinstatement in the imme-
diate future. the case against him hav-
ing collapsed.
81 am not obligated" said Mr.. Car
ter. "to reustatc Mr. Osborne. To
date have not been officially informed
Of Mr.. Kirchwey's intention 20 resign
or Of Mr.. Osborne's intention to ap-
ply for reinstatement. There was an
agreement between the gentlemen
named. I shall respect that. | think
any gcntleman's agreement should BIZ
respected.
Wants Definite Agreement.
"But do not intend that this de
partment shall he played horse with.
II changes arc TO be made in the ward
cnship Of Sing Sing prison ! feel that
the proper solution OF the matter
would be for Warden Kirchwey and
his predecessor to adjust things be
tween themselves and then come TO me
with A definite agreement completed.
At any rate will do nothing until the
matter is brought before me Off
cially"
The agreement which Suporintend-
emit Carter referred was that entered
into between Governor Whitman, John
r. Riley. then Superintendent of Pris-
ons. Mr.. Osborne and Dean Kirchwey
after Osborne had refused Riley's re-
quest that he resign following his in
dictment and dehed Riley to make good
his threat to GUST him. The two-day
deadlock that followed was broken by
an agreement that Mr.. Osborne should
ask and receive leave of absence until
the indictments had been disposed OF.
As a UldlIcf o. nODOI anu IuoNltts
said Governor Whitman last night, "Mr.
Osborne if cleared of the charges
against him should resume the warden
ship Of Sing Sing. This is a matter
however. over which Mr.. Carter has
control"
The indictment charging Osborne
with perjury was dismissed several
weeks ago after the state had put in
its case, and the minor indictment
charging misdemcanors has been rem
dered harmless by the striking out of
the important counts. The last TO be
stricken out was that charging immor-
ality, ard District Attorney Weeks Of
Westchester sought to restrain Justice
Plat from thus scuttling the case
against Osborne by suing out writ
of prohibition which has been pending
several weeks before the Appellate Di-
vision, Second Department.
viii Ask Reinstatement.
Mr.. Osborne said last night that he
would ask for reinstatement within a
short time.
my application for leave OF absence
was based upon conditions of fact
which no longer exist" he said. "The
felony indictment went TO trial and
was thrown out of court. Three Of the
six counts in the misdemeanor indict-
ment. including the onl'' one Of i'm
portance. were stricken out. Is it right
that legal delays and technicalities
should be used to keep me from Sing
Sing any longer?'
Dr.. Kirchwey, who took the post Of
warden at the request Of Governor
Whitman and Mr.. Osborne when the in
dictments were found has been anX-
ious TO relnouish the task since the
case against Osborne collapsed. 1t is
among the possibilities that he will con-
tinue IN the service OF the Prison De
rarN nnnrt IN IN adNi.nrv canacitN-