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 8334 
 
 UC-NRLF 
 
 1887 
 
 DOCUMENTS 
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 REPORT 
 
 OF THE 
 
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 INDIANAPOLIS: 
 
 WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING. 
 
 1887 
 
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 DOCUMENTS 
 DEPT. 
 

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 COMMITTEE REPORT. 
 
 Your Committee on the Affairs of the State Prison South, 
 pursuant to instructions, have made an investigation of the 
 management and condition of said institution, and beg leave to 
 submit the following report: 
 
 Your Committee secured the services of Mr. J. W. Coons, 
 an expert accountant, who, having been first duly sworn, in 
 connection with your Committee, proceeded to examine the 
 financial management and condition of said Prison. We find 
 that the books are kept, and have been for years, in a manner 
 utterly unlike those of an ordinary business establishment. 
 There is no general ledger, journal or blotter showing the re- 
 ceipts and disbursements. There is no system whatever in the 
 manner of book-keeping. It does not even show in any one 
 account the money received from the State Treasury for the 
 maintenance of said institution ; nor are separate accounts 
 kept with the contractors of the convict labor, from which the 
 Prison derives its earnings, and in order to ascertain the con- 
 dition of these accounts, it becomes necessary to go back to 
 previous months on a book, named " Time Book," and add the 
 several amounts there charged, and in many instances marked 
 "partly paid." 
 
 A. J. Howard, Warden, under oath, testified as follows : 
 " As Warden of the Southern State Prison of Indiana, I am 
 illing to and do admit that the books of the Southern State 
 rison show a greater amount due the State, greater than I 
 can now account for, and more than 1 am able or willing to 
 pay, believing as I do that the books are incorrect, and that I 
 am entitled to credits which the books do not show." 
 
 We find that the books were under the control of Mr. A. J. 
 Howard, Warden, and the evidence discloses the fact that Mr. 
 M. I. Huette, Clerk of* the Prison, was prohibited from making 
 
entries on the cash book, save as permitted arid directed to da 
 so by the Warden in person. It is also in evidence that entries 
 in said c?sh book were made of bills as paid, when in fact they 
 were not paid, such entries being made for exhibit to the Direct- 
 ors, ancl that the Cleik, in order to know the true financial 
 status of the Institution, kept a private ledger for himself. 
 
 The short time your Committee was able to give to the in- 
 vestigation of the books and accounts prevented it from making 
 a thorough examination of them. From our examination, we 
 find the following : 
 
 RECEIPTS. 
 
 From Treasurer of State on account 
 of settlement for the month of No- 
 vember, 1886, not accounted for $3,222 22 
 
 Sundry receipts for November 2,745 27 
 
 Sundry receipts for December 12,070 16 
 
 Sundry receipts for January, 1887 2,704 27 
 
 Sundry receipts fractional month Feb- 
 ruary (10th included) 2,739 37 
 
 Cash in visitors' fund 1,367 92 
 
 Cash in convicts' savings fund 3,645 21 
 
 Cash in *brick-yard fund 6,000 00 
 
 Cash in confiscation fund 45 60 
 
 fPension money of Convict Sanders... 2,200 00 
 
 $36,740 02: 
 
 DISBURSEMENTS. 
 
 Sundry accounts as per cash book, No- 
 vember $5,967 49 
 
 Sundry accounts as per cash book, De- 
 cember 6,370 26 
 
 Sundry accounts January, and up to 
 February 16, 1887 3,887 31 
 
 Excess payments of vouchers during 
 
 January 479 39 
 
 Balance to be accounted for 20,035 57 
 
 5 $36,740 02: 
 
JSTo record is kept to show the bills payable. The following 
 accounts are found filed in the office of the Prison, and are ad- 
 mitted to be correct by A. J. Howard, Warden : 
 
 M. V. McCann, coal $1,642 45 
 
 Payne & Ragsdale, provisions 786 25 
 
 E. C. Eakeu & Co., groceries 1,474 81 
 
 Lewman Bros., drugs and hardware 673 82 
 
 Jeff. Gas Co., gas 324 00 
 
 Perin & Gaff, merchandise 147 93 
 
 Sundry newspapers, advertising 185 82 
 
 Geo. Willacy, queensware 30 80 
 
 O. F. Zimmerman (?) 40 25 
 
 Myer & Bros., lumber 45 12 
 
 Chas. Nagle, ice -.... 25 00 
 
 J. H. Zinsmeister & Bros., grocery 3405 
 
 L. P. By laud, teamster 151 50 
 
 E. J.Howard, lumber 156 42 
 
 Ohrens & Ott, pumps, etc 74 30 
 
 Geo. F. Frank, saddlery 34 00 
 
 Geo. Hulzbog, carriagemaker 33 70 
 
 J. H. Hodapp, produce 178 65 
 
 P. Treacy , grocery 3 44 
 
 Oglesby & Dustin, produce 65 50 
 
 B. T. Babbitt, soap 38 99 
 
 Ohio Valley Telegraph Co., telegrams 8 90 
 
 G. "W. Baxter, Deputy Warden 6 80 
 
 A. M. Bloom, meat 1,134 00 
 
 Salaries of guards and employes, November 2,229 82 
 
 Salaries of guards and employes, December 2,512 23 
 
 Salaries of guards and employes, January 2,528 47 
 
 Seymour Woolen Factory, merchandise 1,025 33 
 
 Total $15,592 :* 
 
 This sum of $15,592.35 does not include the accounts payable 
 for the month of February, 1887, nor does it include accounts 
 not yet presented for payment, if any, for previous months, for 
 the reason that no records are kept showing such transactions, 
 and for the further reason that the Warden and Clerk were 
 unable to give such information. 
 
The "Private Ledger," kept aside from the books of the 
 prison by M. I. Huette, the Clerk (no other books showing 
 such information), shows that there is due the State of Indiana 
 from the following named contractors, on account of convict 
 labor, long since due, the following sums, to-wit: 
 
 Perin & Gaff Manufacturing Co $225 04 
 
 Thomas Gaff 5,874 43 
 
 Frarxk L. Perin 3,002 36 
 
 R. M. Dennis.. 393 
 
 Total $9,495 63 
 
 The bank and check-book of the Warden used in the trans- 
 action of his official business would have been of great value in 
 making this examination, and would, perhaps, have shown 
 transactions impossible to arrive at in any other way; but as he, 
 the said Warden, refused to comply with the demand of your 
 Committee to produce said books, the investigation was made 
 without same. 
 
 The brick-yard fund heretofore mentioned in this report was 
 not examined by us for the reason that* the Warden failed to 
 produce the vouchers claimed to have been paid out of this 
 fund. Warden Howard testified that the total amount of this 
 account was between $14,000 and $15,000, but claimed the 
 balance now due the State to be $2,700. The estimated charge 
 of $6,000 against him, as given in this report, is based upon 
 testimony before the Committee. 
 
 The convicts' savings account is the only ledger account kept 
 in the prison. Upon examination of this book we find that 
 many convicts, now and heretofore confined in the prison, are 
 and have been subscribers to the Jeffersonville Evening Times, 
 a daily newspaper published in Jeffersonville, and owned by 
 Mr. A. J. Howard, Warden, for which paper the convict is 
 charged $4.20 per annum, or 35 cents per month. It is in evi- 
 dence that the librarian, a convict named Martin, solicited sub- 
 scriptions for this paper, and more copies of it entered the 
 prison than any other paper. 
 
 We further find that the guards and employes of the prison 
 have not received their monthly wages for November, Decem- 
 ber and January, amounting to $7,270.52, and that the War- 
 den, upon settlement with the Auditor of State, for the 'month 
 
of November, drew from the State Treasury the amount of 
 wages of said guards and employes for said month of Novem- 
 ber, amounting to the sum of $2,229.82, which amount is in- 
 cluded in the sum of $3,222.22, heretofore charged against said 
 Warden, for the reason that the same had not been accounted 
 for on the books of the prison. 
 
 We further find that it has been customary for bills rendered 
 to remain unpaid for a considerable length of time, ranging 
 from four to fifteen months. Among such bills, we find one 
 from the Seymour Woolen Factory, $2,645, made out in No- 
 vember, 1885, and paid on February 16, 1887. We also find in 
 the office of the Warden a number of , unopened letters ad- 
 dressed to A. J. Howard, Warden. Many of these letters were 
 received five and six months ago, and were found to relate to the 
 business transactions of the prison. 
 
 We also find that the Warden has been in the habit of bor- 
 rowing money from his subordinate officers for the purpose of 
 paying the gate money of discharged convicts, and that said 
 money is still owing. 
 
 The item of $2,200, with which said Howard is charged in 
 this report, is explained as follows : Isaac W. Sanders, a life- 
 time convict, during the month of August, 1886, received ar- 
 rearages of pensions to the amount of $2,727.75, granted on ac- 
 count of wounds received during the late war. Said Howard, 
 as Warden, deposited the amount, less $427.75 used by said 
 Sanders, in the Citizens' National Bank, JefFersonville, to the 
 credit of said Sanders. For this balance of $2,200 a certificate 
 of deposit was issued to Sanders. At the urgent request of 
 said Warden Howard, said Sanders indorsed said certificate of 
 deposit in favor of said Warden. Sanders in evidence stated 
 that he would not 'have done so under any other circumstances, 
 and we find it was done under duress. The money obtained 
 thereon your committee believe to have been part of the cash 
 exhibited to the Senate Investigating Committee as part of the 
 cash account of said prison. After your Committee was in 
 possession of these facts, and before your Committee had left 
 the prison, Mr. A. J. Howard, after he had resigned his office 
 as Warden, presented through the clerk, Mr. Huette, said 
 amount of $2,200 to the chairman of your Committee, where- 
 upon same was paid over to the Acting Warden, Mr. Baxter, 
 who deposited the same to the credit of said Sanders. 
 
8 
 
 There is no way of determining, from the appearance of the 
 books, how many tickets of admission have been sold to vis- 
 itors to the prison at the entrance charge of 25 cents each, as 
 the tickets were kept in an open box iii the office, and were 
 indiscriminately sold by persons in and about the office. No 
 correct account was ever kept of the sales of such tickets, and 
 but a small percentage of the amount accruing therefrom was 
 ever accounted for. We find from the evidence that the aver- 
 age attendance daily was not less than eight paying persons, 
 aggregating an amount of over $700 per annum. The pro- 
 ceeds of this fund was supposed to be applied to the purchase 
 of books for the prison library. Chaplain Cain, in giving evi- 
 dence, stated that during his tenure of office, three years and 
 three months, he bought but $225 worth of books. The item 
 of $1,367.92, charged as Visitors' Fund, is the accumulated 
 amount of years, found on the books. 
 
 We find that, in order to make a "good showing" in his 
 annual reports, the said Warden has not complied with the 
 law regulating the payments of " Earnings and Receipts " into 
 the State Treasury. He has been in the habit of making use 
 of the appropriations for the new fiscal year for debts accrued 
 during the previous years, and consequently his accounts do 
 not agree with the accounts kept in the office of the Auditor 
 of State. (See title-page of Report of State Prison South, 
 signed "James H. Rice, Auditor of State.") 
 
 We find that for years the Warden and Deputy Warden have 
 appropriated to their own use flour belonging to the prison, 
 and garden truck and vegetables, cultivated by convict labor 
 from ground belonging to the State, without any account 
 being made therefor or record kept thereof. It is also in evi- 
 dence that raw material belonging to the State and convict 
 labor have been otherwise appropriated for private use and the 
 State charged for same. 
 
 It is impossible at this time, on account of the irregular 
 manner of book-keeping and on account of the refusal of said 
 Warden to produce his bank and check books, and other 
 books, papers and vouchers, to arrive at the true financial con- 
 dition of the prison, but from the partial examination we were 
 enabled to make, and from information from a reliable source 
 as to outstanding accounts, and moneys received and not 
 accounted for, and peculations, your committee is of the opin- 
 
ion that there is a deficit amounting to $75,000. This deficiency 
 does not embrace Mr. A. J. Howard's entire term of office as 
 Warden, as such an examination would require the services of 
 two expert accountants for several weeks, but it is evident that 
 the deficit for his twelve years of service woulcl aggregate a 
 much larger sum, consisting of moneys received and unac- 
 counted for, false entries and omissions. 
 
 We find that the said A. J. Howard did not file a new bond 
 upon his re-election to the office of Warden two years ago, and 
 upon his resignation it appeared that there were no State 
 moneys on hand, and the Deputy Warden was obliged to ad- 
 vance from his private funds the gate money for a pardoned 
 convict. 
 
 Your Committee would recommend that the facts herein re- 
 cited be communicated to the Attorney-General for his action 
 in the premises; that some method be adopted by the House to 
 ascertain the exact amount of defalcation, and that the new 
 Warden be required to strike a balance, and open and keep 
 the accounts systematically, in a full set of books to be fur- 
 nished for the use of said Prison. 
 
 
 
 We find that the Directors then in office are censurable in 
 not requiring the execution of a new bond at the re-election of 
 Warden Howard; that the present Directors of said Prison, 
 with the exception of Mr. Horn, do not make the periodical 
 visits enjoined by law; that they are directly culpable for the 
 loose and irregular mariner of book-keeping; that at their 
 meetings no attempt was made to inquire into the Warden's 
 accounts further than to audit bills the payment of which they 
 never investigated, and at times with the knowledge that the 
 same were not paid; that, in general, instead of supervising 
 and acting as a check upon the actions of the Warden, they 
 permitted him to pursue his own course in the management 
 and direction of said Prison, thus showing gross, if not willful, 
 eglect of duty. Your Committee would therefor recommend 
 that the immediate resignation of the present incumbents be 
 requested. 
 
 In this connection, we would say that there was evidence 
 upon the fact that money influences, by candidates, are brought 
 to bear upon the election of Warden, and there is testimony to 
 the effect that in the re-election of Mr. A. J. Iloward, two 
 years ago, such influences were used, but from the incomplete 
 
 : 
 ' 
 
10 
 
 investigation we were enabled to make, your Committee do not 
 feel warranted in so finding. There is also testimony that 
 contractors pay a premium to officials for the contract, and 
 evidence was offered that the secretary of the company, who 
 sold their contract to the Jefrersonville Boot and Shoe Com- 
 pany, told the' superintendent of the latter company that they 
 paid $4,500 for said contract, but said secretary, being in an- 
 other State, was not accessible to your Committee, and the in- 
 'vestigation in this respect could not be pursued further. We 
 do not find any 3ollusion between contractors and the officials 
 or convicts in reference to securing labor without benefit to the 
 State, but are not prepared to say, with the loose system pre- 
 vailing, that such could not be had. 
 
 We find that ex-Deputy Warden Craig, Clerk Huette and 
 Steward Allen are officers of the prison who have long been 
 cognizant of the corrupt practices; that ex-Deputy Warden 
 Craig and Steward Allen were instrumental in covering up the 
 defalcation existing at the time of the legislative investigation 
 two years ago, and that Deputy Warden Baxter and Steward 
 Allen assisted in procuring the private money exhibited to the 
 Senate Investigating Committee of this General Assembly as 
 State funds; and that these officers are deserving of severe 
 censure for not presenting their full knowledge of the corrup- 
 tion to the proper authorities. 
 
 We find that the clerk, in addition to his salary, was al- 
 lowed the privilege of selling soap, underclothing and other 
 articles to the convicts, the proceeds from which amount to 
 about $300 per year. The Steward has, as his perquisites, the 
 bones and empty barrels, making an an item of about $200 per 
 year. This practice we consider obnoxious, to say the least, 
 and we would recommend that these proceeds accrue to the 
 State. 
 
 We find that no advertisements for bids on supplies were 
 ever made and contracts let according to law ; that provisions 
 were bought in small quantities, and that the coal was fur- 
 nished monthly by one of the bondsmen of the Warden. The 
 meat, supplied by a Louisville butcher, consists of the quarters 
 and shanks, the choice portions going to other parties. 
 
 The meal and hominy are manufactured at the prison. We 
 find that about two-thids of the corn becomes offal, amounting 
 to two or three barrels per day of very rich feed for stock. We 
 
11 
 
 find no returns have been made to the State of proceeds de- 
 rived from such offal. 
 
 We find that the large amount of slops and refuse from the 
 table have been wasted or fed to the Warden's hogs. 
 
 We would recommend that bids for supplies be solicited by 
 advertisement, and that the lowest bidder be awarded the con- 
 tract; that the supplies be bought in large quantities for long 
 periods, to be furnished as needed ; that a record of the prices 
 paid be kept at both the Northern and Southern State Prisons, 
 for comparison; that the offal and slops be advertised for sale 
 and sold to the highest bidder, and if they can not be disposed 
 of, that the State buy sufficient stock and hogs, if advisable, 
 to be supported therewith ; and that all proceeds of whatever 
 nature accruing from State property be applied to the benefit 
 of the State. 
 
 From the evidence, we conclude that the quality of food fur- 
 nished has been decidedly better within the last three or four 
 years. Prior to that time, the Warden supplied the meat for a 
 number of years from a pork-house owned by himself and 
 brother, and it was a frequent occurrence to find the meat rot- 
 ten and full of maggots. We find the bacon, potatoes and 
 hominy furnished the convicts are in the main of fair quality. 
 The beans used for making soup are musty and partly rotten. 
 The corn bread is of poor quality, the meal not being bolted 
 beyond having the husk taken out. 
 
 The outer clothing of convicts is sufficient, but there is much 
 complaint that they are compelled to buy their underclothing 
 from the Clerk at extravagant prices, and are not allowed to 
 receive it from their friends. On this point there is conflict of 
 testimony, but we would recommend that they be allowed to 
 receive such garments, and by stamping the same a disguise in 
 3ase of an escape can be prevented. 
 
 We find that the greater portion of the cells are foul and 
 lamp; the straw ticks contain little straw, arid are filthy and 
 swarming with bugs; the sheets ure said to be changed every 
 two weeks, and many of them we find are not changed that 
 )ften. Some cells have no pillows, and what pillows there are 
 have but little straw. The care of the cell seems to be left very 
 much to the occupant. We find no regular system of washing, 
 although there are many idle and unemployed prisoners who 
 might be engaged in washing bed clothing. There is no par- 
 
12 
 
 ticular system of 'bathing, and many of the convicts are afflicted 
 with loathsome diseases. Only two candles per week are 
 allowed to each cell. These are consumed in one or two nights, 
 and the convicts thus spend the greater part of the week in 
 idleness and darkness, other than the general lighting of the 
 cell-house. The cell-houses are heated by stoves. The heat 
 they afford can hardly penetrate the cells, and there is much 
 suffering during inclement weather. 
 
 We find the library to contain about 2,500 books of a char- 
 acter in general urisuited to the readers. Prisoners are allowed 
 a book every two weeks, and must make a choice from ten to 
 twenty books thrown in a box. There is no attempt to cata- 
 logue them and permit a selection, which, we suggest, can be 
 readily done. The Librarian, Martin, a life-time convict, has 
 been in charge of this department for a considerable time, and 
 a change would probably prove a benefit. 
 
 The chapel is an unplastered room, uninviting in appearance, 
 cold and cheerless in the winter. During the hot months, owing 
 to the tin roof, there is a prostration by the heat. Services of 
 one hour's duration are held on Sunday. There is and has 
 been no Sunday-school for a long time, and no satisfactory 
 reason is given for its abandonment. The present Chaplain, 
 elected last September, has organized a small school for illiter- 
 ate convicts and evinces a disposition to do his duty. 
 
 We find that the former Chaplain, L. F. Cain, prostituted 
 his official position by making it the means of securing the 
 confidence of convicts and obtaining from them money for the 
 alleged purpose of securing pardons for them, and that a num- 
 ber of the books bought through him for the library were 
 medical works, in the study of which the said Chaplain was 
 then individually interested. 
 
 We find in the hospital about fifteen patients who appear 
 satisfied with their surroundings. To general appearance all 
 is kept clean,.but on closer inspection we find the walls are full 
 of cock-roaches and the bed clothing shows lack of sufficient 
 washing. Opportunity is given the sick to see the physician 
 twice a day, but we believe the number of sick treated outside 
 in proportion to those .treated inside of the hospital to be over- 
 large, indicating a disposition to work the sick. We find the 
 alarming fact that many prisoners who prefer to work are 
 afflicted with loathsome diseases, and DO sanitary provision ap- 
 
13 
 
 pears to be made in this regard, for which the physician or Di- 
 rectors must be held censurable. 
 
 Cruel and inhuman punishment has characterized the ad- 
 ministration of Warden A. J. Howard, and there is reason to 
 believe crimes have been committed under the apparent sanc- 
 tion of law. Your Committee made a partial investigation of 
 three very questionable deaths, and from the evidence we are 
 led to believe that: 
 
 In 1875 or 1876, one Goddard, a convict, was punished and 
 killed and his body burnt in the furnace. The remains of what 
 was supposed to be a human being were found by the firemen, 
 whose testimony we were unable to secure. They were also 
 seen by a convict, now confined, and his testimony implicates 
 David M. Allen, the present Steward ; Mr. Kennedy, a guard 
 now at the Prison, and Mr. Jack Hilliard, then a guard and at 
 present residing in Jeffersonville. 
 
 We find that in February, 1881, one O'Neil, a convict, while 
 sick, was unable to perform his task, and without the knowl- 
 edge of the Prison Physician, Dr. Sherrod, was punished 
 by imprisonment in the cage, by being handcuffed to 
 the door a number of days. When released, he sought out 
 the Doctor, and begged piteously not to be sent back to the 
 -cage and for change of work. Dr. Sherrod was indignant, 
 and Mr. Jack Hilliard, a guard,' undertook to carry out his 
 wishes. Instead of doing so, O'Neil was again taken back to 
 the cage, remained handcuffed all night, and in the morning 
 was found dead. Before the Coroner arrived, Dr. Jesse 
 McClure, Hospital Steward, under Dr. Sherrod, and two friends, 
 made a post-mortem examination, and stated to the House In- 
 vestigating Committee, then present, that the death resulted 
 from congestion of the lungs or heart, it is not definite which. 
 In this examination, Dr. Sherrod was ignored, and his orders 
 that the body be not touched until the Coroner arrived, dis- 
 obeyed. The Coroner, Jacob Ross, made no investiga- 
 tion beyond lifting the sheet, and noticing that such had 
 already been done without authority. In the post-mortem, 
 the heart, lungs and liver were taken out. These, Dr. 
 Sherrod afterward examined and pronounced healthy. Dr. 
 -Jesse McClure, on pretense of looking for ulcers, ordered them 
 to be cut to pieces by a hospital nurse, the witness, and in the 
 course of this, made remarks upon their healthy appearance. 
 We believe there was foul play here. 
 
14 
 
 We find that about the same period one Mungo, a colored 
 convict, charged with stealing a file, was catted on the bare 
 back, while on his hands and knees, by John Craig, then Dep- 
 uty Warden, and a robust man. The evidence is conflicting aa 
 to the number of strokes, as counted by convicts, but all agree 
 in putting the number above fifty. Mungo died from the 
 effects of this castigation in great agony. 
 
 We believe the evidence adduced warrants immediate action 
 by the Prosecuting Attorney of Clark County. The persons 
 implicated and those cognizant of the facts are mentioned, and 
 a prosecution should at once be instituted to punish the guilty 
 and remove from the innocent the stain of suspicion. 
 
 We are gratified to say that no catting has been done for the 
 last three or four years. To whom this should be credited, we 
 are unable to say. The punishment has been much mitigated, 
 but is yet severe. We find the punishment usually inflicted is 
 confinement sometimes as long as thirty days in a filthy and 
 dark cell, commonly called the " Cage," fifty feet from the 
 nearest means of warmth, and full of vermin. Here men are 
 handcuffed to the door during the day, fed upon half rations of 
 corn-bread and water, and at night sleep on the stone floor or 
 on lumber brought for that purpose, without bedding or coats. 
 Convicts have been known to have their feet frozen from 
 exposure in this cell. 
 
 Another mode of punishment is by solitary confinement: 
 
 J. W. Minor, convict, testified that he had been placed in 
 solitary confinement, with the light entirely shut out, for 8 
 months, because unable to perform his task. Shields, a guard, 
 found Minor in loathsome condition, and with difficulty ob- 
 tained permission to have him removed and attended by physi- 
 cian. During the whole of this time, Minor was never visited 
 by the Chaplain. 
 
 Other modes of punishment are depriving the men of their 
 allowance of tobacco, of their good time, forbidding their 
 writing to or seeing friends, and all these methods of punish- 
 ment are sometimes inflicted for one offense. 
 
 Your Committee find it difficult not to speak with feeling, 
 of still another punishment, and that most dreaded, imprison- 
 ment in the "Crazy House," so called because crazy convicts 
 have been confined there, and sane men have almost been 
 crazed by the confinement. It is a small row of cells, filthy 
 and foul. 
 
15 
 
 Charles David, convict, stated in the presence of guard, with- 
 out denial from the latter, that he had been imprisoned contin- 
 uously six months in the Crazy House, and fought the rats for 
 his life. These rats come through a small slot 2x8 inches, which 
 is the only means of ventilation and light. He stated he was for 
 four days at a time without water, and drank his own urine. 
 
 Wm. Hamlin, a life convict, is now the only prisoner con- 
 fined in the Crazy House. He is 70 years old; has been in the 
 Prison for 27 years, and for the last 14 years has been insane. 
 The guard stated that he took him out to the light and walked 
 him about every day or so. 
 
 This inhuman treatment merits the most severe condemna- 
 tion, and we recommend the immediate enactment of a law re- 
 quiring the Governor to take cognizance of the cases of insane 
 prisoners. 
 
 We do not find the punishment compatible with the gravity 
 of the offense. 
 
 Delaney Lowry left his work for a moment; he was shovel- 
 ing into a wagon in the prison yard, and went to the engine- 
 room to warm. Confined in his cell since November 8, 1886. 
 The cell is not whitewashed nor ventilated, and is foul and 
 damp. He is much emaciated and suffering from disease, and 
 without medical treatment. 
 
 Convict George Whitted, locked up for two days for having 
 20 cents in his pocket, given him by -stranger ; deprived of 
 eight days' good time and of his tobacco, put on half rations ; 
 first offense. 
 
 Geo. Dowell, for talking, put in cage for twenty-five days. 
 
 George Frison, put in cage four days for wearing two pairs of 
 pants, when the guard knew he did not have them on. 
 
 James Roper, life convict, in cage for three days, because he 
 walked out of line. 
 
 Edward G. Lindsey, eight to sixteen days in cage for taking 
 piece of corn bread from another's plate ; also deprived of eight 
 days' good time and tobacco. 
 
 We do not find the rules for the government and discipline 
 of the prison printed and posted in the cells, as required by 
 law, and the punishment seems to be left very much to the dis- 
 cretion of the guards. Convicts say, when reported and taken 
 before Warden Howard, they are met with a volume of abuse, 
 
 and the order is given the guard: " Take the and 
 
 give him h 1." 
 
16 
 
 We would also say that it is in evidence that whisky was 
 furnished by guards to convicts for money. 
 
 Concerning the task work, your Committee find there is much 
 complaint as to overtaskiug in the foundry, where 40 to 90 molds 
 is a day's labor. We understand 30 molds is usually considered 
 a good day's labor by free men. 
 
 In the saddle-tree department, the task is 12 trees a day from 
 raw material, and the punishment for failure is not less than 
 eight days in the cage, and the loss of good time and tobacco. 
 We would call attention to the fact that contractors only pay 
 for the labor they actually receive. 
 
 In the kitchen department the men complain of having to 
 work daily two hours extra, and all day Sunday. They go on 
 at 4 a. m. and off at 5:30 p. m. 
 
 The crippled men have the same task as the sound. 
 
 Your Committee find the buildings, with the exception of 
 the new cell-house and chapel, in a generally dilapidated con- 
 dition, an unsafe and decayed wooden fence serving as a wall 
 around the late addition to the Prison, and bad sewerage. But 
 we would not recommend any further outlay for improvements 
 than would suffice to build a stockade wall in place of the said 
 wooden fence, believing that the location of said prison is not 
 conducive to the health and comfort of the prisoners, nor to 
 the best interests of the State. An almost thorough renova- 
 tion is necessary, and we are of the opinion that in a few years 
 the people will demand a removal to a location where nearness 
 to stone- quarries will admit of the erection of suitable build- 
 ings, with less cost and better results, than if the same amount 
 were now expended upon improvements. 
 
 At the request of Hon. C. L. Jewett, who is trying to secure 
 a pardon for Arthur Brooks, convict from Wayne County, this 
 convict was examined by us. Some misapprehension having 
 arisen as to Mr. Jewett's connection with this matter, the com- 
 mittee desire to say that it is entirely proper and honorable. 
 
 Your Committee feel that the investigation they were able 
 to make is not as searching as more time would permit. We 
 have attempted in this report to calmly review the evidence. 
 
 All of which is respectfully submitted. 
 
 LEE W. SINCLAIR, GEORGE W. HOBSON, 
 
 J. B. PATTEN, JOHN D. ALEXANDER, 
 
 WILLIAM R. PLEAK, CHARLES W. CRUSON, 
 
 F. J. S. ROBINSON, JOB OSBORN, 
 
 2 PRISON. WM. H. WHITWORTH. 
 
PRISON SOUTH. 
 
 The following is the transcript of the testimony taken before 
 the Committee by the stenographer : 
 
 AT PRISON, DIRECTORS' ROOM, \ 
 THURSDAY, February 17, 1887. j 
 
 Mr. A. J. Howard, having been shown the authority of the 
 Commission, was duly sworn, and testified as follows: 
 
 Q. Bv Mr. Sinclair : I would like to see your bond, if you 
 
 
 
 please. 
 
 A. My bond is in Indianapolis. 
 
 Q. What is the date of it ? 
 
 A. I don't remember the date. 
 
 Q. By Mr. Alexander: Who are your bondsmen? 
 
 A. As I recollect, Jonas G. Howard, Jonas W. Howard, 
 George F. Howard and M. V. McCann ; all live in Clark 
 County. 
 
 Q. How long have you been Warden ? 
 
 A. Eleven years and over. 
 
 Q. Do you know how many bonds you have executed to the 
 State ? 
 
 A. I do not, sir. 
 
 Q. Do you remember having executed more than one. 
 
 A. Yes, sir, I executed two certainly, probably three. 
 
 Q. When you were re-elected Warden two years ago, do you 
 remember of having then executed another bond ? 
 
 A. Well, I don't know whether I executed another bond or 
 not ; the old bond was straight. I don't care to have that part 
 of it put down. It was passed by at that time was over- 
 looked. I don't know that I ever did file a new bond; the old 
 bond was presumed to be good. There was nothing said of it 
 at that time. 
 
 2 PRISON. 
 
18 
 
 Q. How long after that did you have a conversation with 
 the Directors about it ? 
 
 A. Sometime after they spoke about it. It was a matter of 
 omission on my part ; the gentleman I expected to go on my 
 bond Jonas Howard was away at the time. 
 
 Q. Has there ever been anything said about it at any of the 
 last meetings of the Directors. 
 
 A. No, sir, not recently. 
 
 Q. When was your last report made ? 
 
 A. In December, for fiscal year ending October 31, 1886. 
 
 Q. I understand you then not to have filed a bond the last 
 time you were re-elected ? 
 
 A. My recollection is that I have not yet filed a new bond. 
 The business is standing on the old bond. 
 
 Q. By Mr. Patten: You filed a bond in 1882 or 1883 after 
 you was elected? 
 
 A. Yes, sir; in 1881. 
 
 Q. By Mr. Alexander: Have you made any contracts with 
 any parties since October 31, 1886, for work about the prison 
 hired out any convicts? 
 
 A. No, sir; not since that time. Well, yes, one contract, 
 but I believe it is referred to in my report, page 12. " With 
 R. M. Dennis, manufacturer of saddle-trees, to expire Decem- 
 ber 31, 1891, thirty convicts, with privilege of fifty." 
 
 Q. What was the gross amount paid? 
 
 A. Fifty -five cents per day per man. 
 
 . Q. How much have you received in gross since that report 
 on this contract ? 
 
 A. I have received on that contract in November, Decem- 
 ber, January and down to date, $881.89. 
 
 Q. What other moneys have you received since that time 
 on any account in the aggregate? 
 
 A. For November ' $2,745 27 
 
 For December (which includes State item def- 
 icit, $2,665.33) 12,070 16 
 
 For January 2,704 27 
 
 To February 10 : 2,739 37 
 
 Total.... $20,259 07 
 
 What is the amount credited to convicts' savings? 
 
19 
 
 * 
 
 A. To February 10, $3,645.21. 
 Q. Give your expenditures since October 31 ? 
 A. For November, $5,967.49 ; for December, $6,370.26. 
 January and February accounts are not made up yet, but the- 
 disbursements since December 31, 1886, to date, are as follows: 
 
 Boot and Shoe Co : $378 00 
 
 Geo. F.Howard 100 00 
 
 C. Kiselman 33 00 
 
 S. Taylor 30 69 
 
 Zier & Co 10 50 
 
 W. E. Dalton........ 50 00 
 
 Discharged convicts, January 330 00 
 
 Petty cash, January . 68 87 
 
 Jeft'ersonville Boot and Shoe Co 16 69 
 
 S. Jamison, salary 60 00 
 
 C. A. Ballou, salary 50 00 
 
 Petty cash, February 25 31 
 
 Discharged convicts 120 00 
 
 Seymour Woolen Factory Co 2,614 25 
 
 Total $3,887 31 
 
 Q. By Mr. Patten : This last item of 2,614.25, when did 
 you pay that ? 
 
 A. Yesterday. 
 
 Q. To whom did you pay that? 
 
 A. To Mr. Sneck, of Seymour. 
 Further examination of Mr. A. J. Howard, February 18: 
 
 Q. By Mr. Alexander: What is the amount of the brick- 
 yard fund ? 
 
 A. That brick-yard fund, exclusive of some credits that I 
 claim on final settlement, would amount to a balance of about 
 $^,700 due the State. 
 
 Q. Where are the papers in connection with that? 
 
 A. I have the vouchers. I made a collection of $6,000 
 from the Southwestern Car Company, and we had no fund to 
 run the brick-yard account, and I turned it into it. We were 
 making these brick buildings. 
 
 Q. That was when they went into bankruptcy. It was the 
 dividend you received from Colonel Merryweather? 
 
 A. Yes, sir. I received $6,000. I want to state to you 
 
20 
 
 
 that I want to go over that brick-yard account and arrange 
 things before I submit them. There are some things that I am 
 entitled to credit. I tried to get at it, but I was telegraphed 
 to come to Indianapolis on account of the Senate Committee 
 report. 
 
 Q. Where are the papers in connection therewith? 
 
 A. There are some bills that were not reduced to vouchers. 
 I had these papers and had some charges ever since I was pay- 
 ing the expenses out of that in building this cell-house. We 
 furnished the brick for the cell-house out of the brick-yard ac- 
 count. The whole'account amounts to about $14,000 ; with the 
 credits, brings it down to about $2,700. 
 
 Q. I would like to look at those papers ? 
 
 A. I will show them to you this afternoon. I will hunt 
 them up. 
 
 Q. By Mr. Patten: State if the brick was not made by 
 convict labor. 
 
 A. Except the Superintendent, yes, sir. We had the guards 
 in the yard. We had to buy the wood and hire some free 
 labor occasionally to help us in burning the brick. Had to 
 work a night force. 
 
 Q. How many brick were made? 
 
 A. I don't know, sir ; I don't remember. 
 
 Q. How much wood did you burn ? 
 
 A. I don't remember. 
 
 Q. Did you keep an account between yourself and the State 
 in reference to that matter ? 
 
 A. We kept a brick yard account on side books. 
 
 Q. Where are those side books now ? 
 
 A. I can iiud them, I guess. I had those papers here at my 
 house to see what they were, when I got a dispatch to come to 
 Indianapolis. I sold some brick that went to swell that amount 
 up. Sold it to J., M. & I. R. R., my recollection is, to build 
 that depot at Columbus. 
 
 Q. Do you remember how much you got for that? 
 
 A. No, sir, I don't. I remember they run their cars down 
 here on the side track, and we loaded them on the cars. 
 
 Q< Captain, we would like you to give us a statement of 
 how much outstanding indebtedness there is against the 
 Prison ? 
 
 A. I shall have to see the Clerk about that. 
 
21 
 
 Q. Here is a statement of bills payable, made by the Clerk, 
 amounting to $14,000 ; are there any other? Don't you owe 
 the Seymour Woolen Factory some more money ? [Statement 
 attached marked Exhibit B.] 
 
 A. I paid them, three or four days ago, $2,600 or so, which 
 left a balance of $371.90. 
 
 Q. [Showing bills in blank of Seymour Woolen Factory.] 
 Are these accounted for ? 
 
 A. No. When I was settling with Mr. Sneck, when I was 
 figuring up that account, I did not know how to extend these 
 items. 
 
 Q. Captain, there is a letter in December, from the Seymour 
 Woolen Factory. Here is one in February. Here is another 
 dated December 24. [Handing unopened letters.] 
 
 A. These contain the items extended. That amounts to 
 $1,025.33 since October 31. There is nothing paid on that. 
 That is the only item that I know of that is not included in 
 Captain Huette's statement. 
 
 Q. State how much money you hold, as Warden, as a pen- 
 sion fund received from the prisoners ? 
 
 A. I could not answer that without looking up that 
 account. 
 
 Q. State how much more you have except that which you 
 took from Mr. Sanders, $2,300, I think. . 
 
 A. Yes, sir; $2,200, I think. That is all I have. 
 
 Q. None other ? 
 
 A. No, sir; none other at all. 
 
 Q. Don't you owe a man named Grateguth about $135? 
 
 A. It is in the cash account. 
 
 Q. You owe him this money yet according to the books ? 
 
 A. Yes. 
 
 Q, Did you examine this and see whether it was correct or 
 not? [Referring to Exhibit "B."J 
 
 A. Well, now some of these things I don't know about. 
 There is one account here that I would like to look up ; that of 
 Payne & Ragsdale, $786.25. Captain Huett figured that up. 
 (Mr. Huett, interrupting, says: "That is the true and correct 
 account of the bills in the office, to my knowledge, when I was 
 asked to make it up by the Senate Committee, outside of the 
 last item.") 
 
 Q. State, Captain, if you know anything is incorrect, and 
 whether you owe any other parties outside of this last item ? 
 
22 
 
 A. I said I did not think of anything, but that Seymour 
 Mills; that is this $1,025.33. 
 
 Q. State if you did not give a note about two years ago for 
 $3,000 to a Loan Association, with Mr. Craig as security, and 
 others? 
 
 A. I think I borrowed $3,000; don't think it was two years 
 ago. 
 
 Q. Was it not about the time the Committee came down 
 here, and borrowed for the purpose of making up your balance? 
 
 A. No, sir; I do not understand that it was. I don't re- 
 member a great deal about it. 
 
 Q. Do you remember about the amount, and that the note 
 is still unpaid? 
 
 A. Oh, I have been paying in weekly payments. 
 
 Q. How much is due yet? 
 
 A. I do not know, sir. 
 
 Q. Does that money belong to the State? 
 
 A. No, sir; not as I recollect. 
 
 Q. The question I wish to ask, if you borrowed that money 
 for the purpose of making up your shortage at that time? 
 
 A. Well, I don't remember what that transaction was ex- 
 actly. 
 
 Q. Was it not when the committee camedown'here and you 
 were short that much and you borrowed it ? 
 
 A. I don't think I borrowed that money at that time at all. 
 I could not say certain. 
 
 Q. In reference to that $1,000 that we asked if you had re- 
 ceived from Perin & Gaff, or Samuel H. Perin, last Saturday, 
 what is your answer to-day? 
 
 A. I got $1,000 from him as a personal advancement. I 
 mean as a personal favor to me. 
 
 Q. Is it not a fact that they owe the State about $6,000 ? 
 
 A. Yes, more than that ; about $9,000. 
 
 Q. Was that an individual transaction ? 
 
 A. Yes, sir ; it was. 
 
 Q. Why did not they pay it on the $9,000 that they owed. 
 
 A. Because they did not propose to pay that $9,000. They 
 have not proposed to pay that, as I explained to you. 
 
 Q. My understanding is the claim is $7,000 ? 
 
 A. Yes. 
 
 Q. That leaves a difference of $2,000. 
 
23 
 
 A. The reason I have not sued vyas because I thought that 
 claim would go to the Legislature and be adjusted there. They 
 say they are willing to pay the balance of that account if they 
 can have credit for the $7,000. 
 
 Q. State if that $1,000 they let you have was to be applied 
 to that account. 
 
 A. No, sir, it was not. I did not so understand it. 
 
 Q. I will ask you if you owe any business men about the 
 city or any place for supplies that you have received that are 
 not paid for, outside of those mentioned in Exhibit "C?" 
 
 A. Not that I know of. I presume that statement is cor- 
 rect. Allow me to sa} r that in the purchase of supplies for this 
 month some bills are not in there, but prior to that time the 
 bills are all in, as I understand it. My clerk made up that list, 
 and I depend upon him. 
 
 Q. Are the coal bills all in ? 
 
 A. Down to the balance of this month. 
 
 Q. Do you get a bill for coal every month ? 
 
 A. Yes, sir. 
 
 Q. I understand you have accounted for this $2,200 of M"r. 
 Sanders on the prison cash book. Your book shows you are 
 indebted on that account $3,645.21 on your convict cash book 
 account. Now that includes the $2,200 of Mr. Sanders's money? 
 
 A. No, sir, that don't. 
 
 [Question asked of Captain Huett : Is this Grateguth's ac- 
 count included in this $3,645? A. Yes, sir, everything is in- 
 cluded in that, with the exception of the $2,200.]' 
 
 Q. How much money have you on hand ? 
 
 A. Well, gentlemen, I do not propose to answer that except 
 from the books. 
 
 Q. What is your reason for not answering it now ? You 
 answered it to the Senate Committee. 
 
 A. I want to stand on the investigation of this Committee 
 as to what amount I have on hand. Allow me to say that 
 when you say that the Warden is short all the bills that have 
 not been receipted for you charge him with a shortage that is 
 not there. The State has not paid. 
 
 Q. Is it not true when you make your settlement and draw 
 your money out of the Auditor of State's Office, that your ap- 
 propriations run from one fiscal year to the other, and don't 
 you get the use of the money on that account? In other words, 
 es? 
 
24 
 
 , i 
 
 A. Well, I don't know how the Auditor runs that appro- 
 priation business. 
 
 Q. Your report shows a balance to your credit of $2,665.33. 
 
 A. I drew that on the 27th or 28th of December. 
 
 Q. Please explain how much money you have drawn from 
 the State Government since October 31. 
 
 A. [By Clerk.] $3,222.22 on this year past. 
 
 Q. Is that all that has been drawn within the last two years 
 under the appropriation of the Legislature, the $2,665.33 and 
 the $3,222.2.? 
 
 A. No, I drew from the appropriations more than that. 
 
 Q. How was your account when you were re-elected War- 
 den ? 
 
 A. My account was just exactly as my reports show. 
 
 Q. Did not your appropriation end at the end of the fiscal 
 year two years ago ? 
 
 A. No, sir ; I want to say that the balance of the appropri- 
 ation is carried forward to pay the balance of the expenses that 
 has not yet been reported. 
 
 Q. Captain, state how much money you have on hand as 
 Warden at the present time. 
 
 A. Gentlemen, I submit to you the books of the prison to 
 ascertain how much I should have on hand. 
 
 Q. State whether you will answer the question I will put 
 it this way : How much you have on hand and to produce it 
 for the examination of this Committee ? 
 
 A. I will not answer that question now. I would like to 
 have you go on with your investigation. I decline to answer 
 that question. 
 
 Q. Do you desire to answer it at all ? 
 
 A. Well, that is a matter I refer to my attorney. 
 
 Q. By Mr. Alexander : Why, as Warden, have you not 
 paid the guards here since the 31st of October ? 
 
 A. We have been two or three months behind for years in 
 the payment of guards. Ever since the prison was idle we have 
 run it two months behind. 
 
 Q. By Mr. Patten : Where do you keep your account, as 
 Warden what bank ? 
 
 A. Well, I don't keep any particular bank account. When 
 I deposit at all I deposit at the Citizens' National Bank here, 
 and have for the past twenty years. 
 
25 
 
 Q. Any other place ? 
 
 A. No, sir. 
 
 Q. I will ask you to produce your stub book, and also your 
 check book or pass book, for the examination of this Com- 
 mittee. 
 
 A. Until I consult my attorney I will not produce it. 
 
 Q. By Mr. Alexander: When convicts die and they have 
 accounts to their credit, what becomes of that money? 
 
 A. Well, that remains to their credit, and we give it to any 
 friends of theirs. If the man has a wife we give it to her. 
 
 Q. If their friends never claim the money, then what be- 
 comes of it? 
 
 A. It remains in the Warden's hands. 
 
 Q. Do you know how much of that fund you have on hand? 
 
 A. No, sir. 
 
 Q. Ask the Clerk if he knows what becomes of that money, 
 if it is accounted for at all. 
 
 A. [By Clerk.] It is to their credit on the ledger ; in that 
 general convict cash-book. 
 
 AFTERNOON SESSION, February 18. 
 
 Captain A. J. Howard tendered his resignation to the Di- 
 rectors, who were present, and delivered the following state- 
 ment in writing to the chairman of the Committee : 
 
 " To the Committee Appointed by the Legislature of the State of In- 
 diana to Examine the Affairs of the Southern State Prison : 
 
 " As Warden of the Southern State Prison of the State of 
 Indiana, I am willing to and do admit that the books ot the 
 Southern State Prison show a larger amount due the State, 
 greater than I can now account for and more than I am able or 
 willing to pay, believing, as I do, that the books are incorrect 
 and that I am entitled to credits which the books do not show." 
 
 The resignation was accepted by the Directors. 
 
 M. I. Huett, being duly sworn, testified as follows : 
 Q. By Mr. Patten: You are the clerk ? 
 A. Yes, sir. 
 
 Q. Did you make up that statement of expenditures since 
 December 31 ? 
 
26 
 A. Yes, sir. 
 
 7 \ 
 
 Q. What does that include ? 
 
 A. We have vouchers for these ? 
 
 Q. That is all paid out since Dec. 31, 1886 ? 
 
 A. Yes, sir. As to Perm & Gaff items, I want to say it 
 won't show up on Contractors' Book, but I have a small ledger 
 of mine that will show that up. You see, under that law, as I 
 understand it, no one firm can hire more than 100 convicts r 
 and while the Perin & Gaff Mfg. Co. are known as a firm, we 
 keep the accounts separately. On the 31st day of October Mr. 
 Sam. Perin's account closed. That left the accounts of the 
 firm then with Frank L. Perin and Thomas Gaff, and on the 
 30th day of JSTovember Frank Perin went out, and left the ac- 
 count open with Thomas Gaff, and Perin & Gaff Mfg. Co. up 
 to January 15, and after January 15 the account is kept with 
 Perin & Gaff Mfg. Co. You will find no day book of the 
 Patten Mfg. Co. I have report made to me daily, but I know 
 nothing of the correctness of it. 
 
 Q. How much do Perin & Gaff owe you now ? 
 
 A. In the neighborhood of $8,000. 
 
 Q. By Mr. Sinclair : Have you furnished us all the books 
 that you have in connection with these accounts ? 
 
 A. Yes, sir. I want to impress upon your minds, gentle- 
 men, that I am only a subordinate. Captain Howard is War- 
 den. Everything that is done and is to be done is under su- 
 pervision of Captain Howard. If there are any more receipts 
 for month of January or February than on that book [pointing 
 to cash book] I don't know it. 
 
 Statement by Mr. A. J. Howard : To explain why the prison 
 earnings have been a little short, the line of contracts with 
 Perin & Gaff Manufacturing Company have been expiring, 
 and they have been moving out of the prison. The contracts 
 expired at different times. They commenced going out on the 
 first of November. 
 
 Q. By Mr. Patten : How much do Perin & Gaff owe you? 
 
 A. About $9,000, but they claim $7,000 against the State, . 
 and hold back payments on account of that. They proposed 
 to present that claim to this Legislature, and by casting up the 
 contracts I wouldn't make anything for the State. 
 
 Q. How is it that February receipts run so much ahead of 
 January it the contracts are expiring ? 
 
27 
 
 A. The Perm & Gaff Manufacturing Company didn't pay 
 me anything in January. They paid me $300 in next month. 
 They paid up pretty well in December, keeping back what 
 I tell you. They claimed they would tight the State in a 
 lawsuit. 
 
 Q. By Mr. Alexander : What have Perin & Gaff paid you 
 in February ? 
 
 A. Perm & Gaff have not paid more than what is on that 
 book, $300. 
 
 Q. Haven't they or one of them paid more than that in the 
 last month ? 
 
 A. No, sir. 
 
 Q. Is it not a fact that $1,000 was paid last Saturday, 
 -either by Perin or Perin & Gaff Manufacturing Company, or 
 by Gaff himself ? 
 
 A. Well, I don't know. I will look that up. I presumed 
 the clerk put everything on there. * 
 
 Q. Why is it that the books are not posted for January ? 
 
 A. The board has not met to act upon them. 
 
 Mr. Huett recalled. FEBRUARY 18. 
 
 Q. By Mr. Patten : State if you ever kept any record of 
 the amount of bread from the prison that was used by the War- 
 den or Deputy Warden ? 
 
 A. No, sir, I never have. 
 
 Q. State if Mr. Allen, the Steward, ever made any reports 
 to you of the amounts ? 
 
 A. Yes; he has at times, and I communicated the report to 
 Captain Howard and he would say it was all right. He would 
 say, " That is all right ; I will attend to that." It was never 
 put on the books. 
 
 Q. How many years has that matter been going on ? 
 
 A. If you will look back on the cash book I think you will 
 find, in 1882, where Captain Howard paid some money into the 
 treasury, on account of provisions, but since that time he has 
 paid nothing that I know of. 
 
 Q. Do you know how much bread they use? How many 
 barrels of flour a month that is taken out ? 
 
 A. No, I could not say. I have, time and time again, noticed 
 bread going out day after day, but I don't know where it went. 
 I never kept account of anything that went out. 
 
28 
 
 Q. Is there any money on hand in this institution ? 
 
 A. I do not know of any. 
 
 Q. Any in the safe? 
 
 A. I have not access to the safe. 
 
 Q. Who is this boy that will be pardoned out to-morrow. 
 
 A. Walter Hurt. 
 
 Q. It is your duty to pay these men when discharged ? 
 
 A. Yes, sir. 
 Deputy Warden Baxter called. 
 
 Q. By Mr. Patten : Have you any money belonging to the 
 State ? 
 
 A. No, sir, I have no State funds at all. 
 
 77 t 
 
 FEBKUARY 19. 
 Mr. Huett recalled. 
 
 Statement: I just saw Captain Howard, and I said to him 
 says I, "Captain Howard, for God's sake, if you don't payback 
 any money, do pay back the money you borrowed from that 
 convict. It is a matter of justice and it is a matter of right, 
 and the man ought to have his money ;" and I told him I 
 wanted it, and here it is $2,200. I want to put it before the 
 Committee. And he requested that Captain Baxter give him a 
 receipt for it, he being Acting Warden. 
 Captain Sanders recalled. 
 
 Statement : I want to have it put in bank and see the certifi- 
 cate of deposit. 
 
 The money was turned over by the Committe to the Deputy 
 Warden, Mr. Baxter, Acting Warden. 
 Further examination of Mr. Huett. 
 
 By Mr. Alexander : 
 
 Q. I wish to ask you about the beef. 
 
 A. About the beef? I am never here in the morning when 
 it comes. 
 
 Do you know where it comes from from Louisville ? 
 
 A. Yes, sir that is, recently. This is only hearsay ; I don't 
 know who I heard it from, but from guards I think; if I un- 
 derstood it right that meat had been delivered here and that 
 George Howard in some way got the benefit of a portion of it, 
 in what way I can't tell. 
 
 Q. What do you know about any rebate being made. 
 
 A. I don't know one single thing about it. 
 
29 
 
 Q. Did you ever hear the Warden say anything about it or 
 any of his employes ? 
 
 A. No, sir. 
 
 Q. Do you know how much was paid per pound for the 
 beef? 
 
 A. The bill states 6 cents. 
 
 Q. If it was 6 cents a pound you would know how much 
 beef had been furnished in a certain time. 
 
 A. The vouchers will show that the bills came in for some- 
 times thirteen rations and sometimes fourteen rations. I think 
 fourteen rations was the usual amount per month, and if I 
 recollect aright, the ration cost something like $42 700 pounds 
 a ration. 
 
 Q. What do you think about the beef contract; do you 
 think there is any rebate ? 
 
 A. I think there is a rebate there. 
 
 Q. By Mr. Pleak : How do you think it is managed ? 
 
 A. Well, I could not tell you that. I know that Mr. Allen 
 attends to that meat business, and I know that whenever (nine 
 times out of ten) a check for the meat was delivered, it was de- 
 livered to Mr. Allen. Now, how much the rebate was, if there 
 was any, I don't know. 
 
 Q. By Mr. Osborne : Was the meat re-weighed when it got 
 here ? 
 
 A. I don't know. 
 
 Q. Did you have any means of re-weighing it here? 
 
 A. I don't know. I suppose surely they would, but I don't 
 know that it ever was. 
 
 Q. By Mr. Alexander : If there was any rebate, who do you 
 suppose got the benefit of this money? 
 
 A. If there was any rebate, I suppose Captain Allen got the 
 benefit of it. 
 
 Q. By Mr. Osborne : How long have you been here ? 
 
 A. Seven. years, not counting the time I was away. 
 
 Q. When were the wagon scales outside taken away ? 
 
 A. Four years ago. 
 
 Q. By Mr. Pleak : Do you know the price they paid for 
 coal? 
 
 A. I think 10 cents. 
 
 Q. By Mr. Alexander : What is your best impression that 
 there waft not a rebate on everything ? 
 
30 
 
 A. I don't know; I should suppose there was, because I 
 don't think, if there was not something to be made outside of 
 the Warden's salary, that he could live on his salary. 
 
 Q. State whether he has been extravagant in his living. 
 
 A. I couldn't say that. Well, a man occupying as high 
 position as he does must spend, and he has a family there, and 
 I think entertains a good deal. 
 
 Q. Does he have any large parties ? 
 
 A. No, I can't say that he does. 
 
 Q. What is your best impression as to supplies that were 
 furnished him to live on as to whether he bought them, or 
 whether he took the provisions and supplies that belonged to 
 this institution ? 
 
 A. I am just giving my impression ; I think a great deal of 
 the provisions that went to the Warden's and Deputy Warden's 
 houses was from here. 
 
 Q. You don't know of their ever accounting for anything 
 that went from here ? 
 
 A. No, sir. 
 
 Q. You never heard of their charging themselves up with 
 it and settling with the Directors? 
 
 A. No, sir. 
 
 Q. What do you know about the Directors visiting the 
 prison every month ? 
 
 A. Oh, they have never done that. They just meet when 
 they have to pass on the accounts. 
 
 Q. State what else they do. 
 
 A. Well, they audit the accounts. They go to the prison 
 and listen to the complaints of prisoners. 
 
 Q. Is it not a fact that when prisoners majse complaints be- 
 fore them, don't they then bring in the guards and persons con- 
 nected with the institution and hear their side, and don't they 
 take their side of the case in preference to that of the con- 
 victs'. 
 
 A. My impression is that a convicts's word does not go 
 "very far with them. 
 
 Q. By Mr. Patten : Have you any knowledge of any ar- 
 rangement between the contractors and Directors here in which 
 there has been money consideration ; that the Directors had 
 paid by these contractors ? 
 
31 
 
 A. No, sir ; I do not know of any. Never had any reason- 
 to believe there is any. 
 
 Q. Have you any reason for believing that there was be- 
 tween the Warden and the contractors ? 
 
 A. Well, I don't know how to answer that question. I 
 don't hardly think there is. I don't know. 
 
 Q. State if such a thing as that should occur, could you 
 detect it through your book-keeping? 
 
 A. Oh, yes; I think I could, sir. 
 
 Q. Then, if there was any arrangement, without your knowl- 
 edge, it would have to be outside ? 
 
 A. Yes, sir. 
 
 Q. By Mr. Alexander : At the time the Directors met here 
 and elected the Warden the last time, what, if anything, was 
 said about his giving additional bond? Did you give any 
 bond, or the Deputy Warden ? What was said about it at the 
 time? 
 
 A. I think that the question of bond came up, and I think 
 that the Warden spoke of it on one or two occasions. Say& 
 he: "I will have to get up a new bond," and, if I recollect 
 aright, I think the Directors asked him to do so. I think they 
 did. 
 
 Q. Do you have to be re-elected at the same time the 
 Warden is? 
 
 A. Well, the clerk is elected indefinitely. The Warden 
 said, whenever the question was brought up, he said he was 
 the only one elected for a definite time. 
 
 Q. At the time they met here and he was re-elected, you 
 say there was something said about his giving a bond ; what 
 steps were taken in regard to it? 
 
 A. I do not think any steps were taken ; not to my knowl- 
 edge. 
 
 Q. The minutes would show, wouldn't they ? 
 
 A. I could not say that. 
 
 Q. How many bonds have you filed ? 
 
 A. Two, I think. I have not filed a bond since I came 
 back. 
 
 Q. Do you know you have to file a bond for $10,000 ? 
 
 A. I did so seven years ago. My bond is with the Treasurer 
 of State now, with ten and a-half millions represented on it. 
 
82 ' 
 
 Q. Did Captain Baxter file a bond when he was elected 
 Deputy Warden ? 
 
 A. Yes, sir ; on the 15th of September. 
 
 Q. You say there 'was talk about his giving additional 
 bond do you know of any reason why it was not done? 
 
 A. No, sir. 
 
 Q. Did you ever hear the Directors say anything about it? 
 
 A. No, sir ; I think Captain Howard called my attention to 
 the necessity of his filing bond. I don't know what they ever 
 said to him about it. 
 
 Q. At the time the Directors met and elected a Warden, 
 wojild it not be your place to make minutes of the meeting? 
 
 A. I thought so, but he would never allow me to. The only 
 minutes I made up would be at unimportant meetings. At im- 
 portant meetings I was never allowed to make up the minutes. 
 
 Q. Was anything ever said about your staying out? 
 
 A. No ; I never was invited. 
 
 Q. Has the Board a secretary? 
 
 A. I believe Mr. Horn is secretary. If he is absent they 
 have secretary pro tern. 
 
 Q. Were their meetings secret ? 
 
 A. Why, lately, since I got back from Lawrenceburg, Mr. 
 Horn has always insisted on my being present. 
 
 Q. You left for Lawrenceburg; when did you come back? 
 
 A. I came back the 1st of last March. 
 
 Q. Have you filed a bond since you came back? 
 
 A. No, sir. 
 
 Q. Did you go to stay away when you left? 
 
 A. No, sir ; I can not say I left permanently. Another 
 clerk was appointed pro tern. I thought if I did not like it I 
 would come back. My salary as Chief Deputy at Lawrence- 
 burg was worth $2,000, here I am only getting $1,000. That 
 seems like a very strange proceeding, and I wish to explain it. 
 When I went to Lawrenceburg, I got there with my family on 
 the 12th day of August. On the 12th day of January my 
 adopted daughter died. After she died, my wife became home- 
 sick and heart-broken and wanted to come back here, and, of 
 course, I could not afford to stay there, she and the rest of the 
 family feeling that way. I have this property here ; I could 
 not rent it to advantage. I was paying $200 a year rent up 
 there, and then, when I came back here, what I made over and 
 above my salary of $1,000. 
 
83 
 
 Q. How did you make that? 
 
 A. I made it selling goods to convicts. He gave me the 
 privilege of selling goods to convicts. J[ suppose I make may- 
 be average $20 to $25 a month. If I had been getting $5,000 
 at Lawrenceburg I could not afford, with the discontent in my 
 family, to have remained. 
 
 Q. At these meetings were you present at Mr. Horn's sug- 
 gestion or at his request ? 
 
 A. 1 was present at his request when they compared ac- 
 counts. Their other business I had nothing to do with. I 
 usually retired then. 
 
 Q. Did they ever say anything about your retiring ? 
 
 A. No, sir. 
 
 Q. Did Howard ever say anything as to your going out or 
 staying out? 
 
 A. No, sir. 
 
 Q. Did his talk ever indicate to you that he would rather 
 you would be away than present? 
 
 A. Well, if I thought my presence was not needed or agree- 
 able, I wtmld not stay. 
 
 Q. Did they ever have any private conversation with you, 
 while he was in here? 
 
 A. No, sir ; not that I know of. 
 
 Q. What was the general line of business in looking over 
 the accounts when they had meetings, for instance, in looking 
 over bills? 
 
 A. They never inquired any about the money that was on 
 hand. I think they went over the bills pretty thoroughly. 
 
 Q. Did they ever examine your books or ask you when 
 Captain Howard was not present? 
 
 A. No, sir. On frequent occasions, and they will bear me 
 out, I have called their attention to the manner in which the 
 books are kept, and that they were not kept as I should keep 
 them, but, of course, I had nothing to do only to obey the or- 
 ders of the Warden. For instance, I remember on one occasion 
 when Captain Horn called the attention of Dr. Wilson to this 
 fact. That was after I had spoken to Captain Horn. Says he, 
 "Doctor, this is the cash book, isn't it?" He says, "Yes." 
 "Well,"' says he, "do you think when we come here and audit 
 these bills that the vouchers as shown here on the cash book, 
 representing bills, do you think they are all paid ?" Dr. Wilson 
 
 3 PRISON. 
 
34 
 
 said, "Why, yes; of course." "Well." he says, "they are not." 
 Then they said that mus^ not be so: that must be looked into, 
 or something to that eftect. 
 
 <<>. Is it not true that there are bills represented here that 
 they audited as paid that really were not paid ? 
 
 A. My goodness, yes: month after month. Now, although 
 there is a reflection cast upon me, I believe I know how to 
 keep books. Now, if any of you gentlemen understand any- 
 thing about book-keeping, supposing the books were audited 
 to-day, the cash-book was thrown open. Of course the debit 
 side will show the receipts and the .credit side the disburse- 
 ments. It don't do it here. Suppose I take any one man's 
 account say Eakin's account and posted it from the cash- 
 book to ledger as being paid when it was not paid, wouldn't 
 that have been a fraudulent entry ? That was the reason I 
 did not keep a ledger. On the morning the Senate Committee 
 was here, which statement can be corroborated, I paid a bill of 
 $425 to Mr. Harvey McOampbell, the president of the Second 
 National Bank, that was audited last March. Supposing I had 
 entered that account last March when it was audited, would 
 that have been a true exhibit of that man's account? It could 
 not be. 
 
 ( v ). Did you ever inform the Directors that some of these 
 bills audited paid were not paid : that they audited them as 
 paid when they were not paid ? 
 
 A. Yes, sir ; I have. 
 
 Q. By Mr. Patten : How often did you notify them ? 
 
 A. Oh, I don't know how many times. 
 
 <^. Very often ? Sufficient for them to have taken account 
 of it ? 
 
 A. Yes, sir. 
 
 <,>. By Mr. Alexander : How long has that been going ou 
 since they had notice of it? 
 
 A. Ever since they had office. 
 
 Q. Did these transactions extend over any length of time? 
 
 A. Well, take the salary account, it was never paid until 
 two or three months after, but they audited it on the credit 
 side of the cash-book. 
 
 Q. That has been the system ever since the present Direct- 
 ors were in office? 
 
 A. Yes, sir. 
 
35 
 
 Q. By Mr. Patten: Who directed you to keep the account 
 that way? 
 
 A. Captain Howard. 
 
 Q. When you called his attention to the necessity of keep- 
 ing a ledger account, can you state what his instructions were ? 
 
 A. Well, every entry made on there was by his order. 
 Sometimes, as the Directors can tell you, the cash-hook would 
 not be made up until after they had been here half a day, some- 
 times a day. He would call me and say: " Well, what vouch- 
 ers have you got that are paid?" I wofild give him the list. 
 " For what month do we owe Eakin or Sparks ? v 1 would 
 give him the accounts, and then he would put them in to aug- 
 ment, to increase the debit side of cash when they were not 
 paid. 
 
 Q. By Mr. Alexander: About this convict fund. I see 
 from the books that it is represented that a number of convicts 
 take a paper called the "Jefferson ville Times;" what do you 
 know about prisoners being compelled to take that paper? 
 
 A. I could not say that any of the prisoners were compelled 
 to take it, but know that Martin, the Librarian, was in the 
 habit of going around among the convicts and taking subscrip- 
 tions for the Times, as the books will show. 
 
 <j>. What do you know about any false entries in regard to 
 prisoners taking .the Times, when they did not order it? 
 
 A. There never was a spurious entry in that convict account. 
 I know that because I have exclusive control over that busi- 
 ness. That is, the man goes around and brings me the orders. 
 That is all I know about it. I have an order for every entry 
 on the book. 
 
 Q. By Mr. Pleak : What is your best impression of the 
 number of copies of the Times taken by the convicts'.' 
 
 A. I suppose about in the neghborhood of fifty. 
 
 Q. , About that number regularly'.' 
 
 A. Well, it fluctuates. Sometimes the subscriptions are 
 
 rger; sometimes not so much. 
 
 Q. By Mr. Alexander: When the Directors would come 
 here, and they would know some of these bills were not paid 
 and audited as paid, did they ever examine your books? 
 
 A. No, sir. 
 
 Q. What do you know about their ordering the business 
 done differently than what it had been ? 
 
36 
 
 A. They never did. They never ordered it made in any 
 way. 
 
 Q. Just went on in the same way? 
 
 A. Yes, sir. 
 
 Q. By Mr. Patten: In reference to what is called the 
 visitors' fund, state the manner of receiving that fund and ac- 
 counting for it. 
 
 A. That fund has been handled by three of four men. 
 That is the way of selling tickets. When I sold a ticket I kept 
 an account of it, and all the tickets that went into that box 
 that I sold I made account of to the Warden. 
 
 Q. How ? 
 
 A. I would give him the money. 
 
 Q. Did you make any book account ? 
 
 A. There is a small book account of it. 
 
 Q. Did you just lump it at the end of the day? 
 
 A. Every month, not daily. That visitors' fund, if every 
 person had been charged that went in, of course, would be a 
 pretty large amount, but I know of many instances where 
 parties of forty and fifty went through and never paid a cent. 
 
 Q. State how you kept account of that fund. 
 
 A. I kept it in a small side book. 
 
 Q. You paid the money as it came into your hands to the 
 Warden ? 
 
 A. Yes, sir. 
 
 Q. Then you say others sold the tickets ? 
 
 A. Yes. 
 
 Q. Who took up the money ? 
 
 A. I don't know anything about that. 
 
 Q. Who else sold? 
 
 A. Sometimes Mr. Bellew, a guard. 
 
 Q. What did he do with the money? 
 
 A. I can not say as to that ; I have received money from 
 him and accounted for it with mine. 
 
 Q. How many tickets were sold outside of your office? 
 
 A. I don't know ; it was a loose way ; anybody has access 
 to the office. 
 
 Q. And when the tickets were sold and were deposited in 
 the boxes, then you went out there and took these tickets out 
 of the box ? 
 
37 
 
 "A. Yes, sir, I always found my tickets there; the tickets 
 always corresponded with my cash. 
 
 Q. I understood you to say there were two boxes. 
 
 A. No, sir, there is only one box. 
 
 Q. If you found scattered tickets in there say you had 
 only received pay for twenty-five tickets, did you just give 
 credit for twenty-five tickets ? 
 
 A. Why, on two or three occasions I found, maybe all in 
 all, twenty-five tickets, if I recollect aright, that could not be 
 accounted for, and I know that my account was right. I called 
 Captain Howard's attention to it, and he said he did not know 
 anything about it ; he would see to it. 
 
 Q. Then, when you found an. excess number of tickets, you 
 only accounted for your own ? 
 
 A. Only those I was personally accountable for. 
 
 Q. What about your safe? 
 
 A. The safe is worth about a quarter of a dollar. I want 
 to say I never had access to this safe. Of course, I called his 
 attention to it in the placing of the books. 
 
 Q. In case of fire, the books would be totally destroyed ? 
 
 A. It looks to me that way. I had a racket with him sev- 
 eral times about it. I called his attention to the books being 
 exposed, and almost daily here lately, a convict was allowed to 
 go and look at my convict ledger and see how the different ac- 
 counts of the men stood. I don't know for what reason it was 
 done. I suppose it was to see whether the men had money 
 enough to buy papers, and I told him that there was no security. 
 Instead of being in the safe as they ought to be, they are al- 
 lowed to remain exposed and accessible to anybody. 
 
 Q. The Warden, in answer to a question to state and pro- 
 duce the amount of cash he had on hand, made the following 
 reply : " As Warden of the Southern State Prison of the State 
 of Indiana, I am willing to and do admit tliat the books of the 
 Southern State Prison show a larger amount due the State 
 greater than I can now account for and more than I am able 
 or willing to pay, believing, as I do, that the books are incor- 
 rect, and that I am entitled to credits which the books do not 
 show." What have you to say to that? 
 
 A. In answer to that, I will state emphatically and posi- 
 tively that these books were kept just as they were found, ac- 
 cording to his knowledge and order, and that is the truth, gen- 
 tlemen. 
 
Q. By Mr. Sinclair : Have you any separate book of your 
 own by which you would know better how things stood than 
 you did with these present books V 
 
 A. I have a ledger Mr. Coons has it that I got up for my 
 own benefit to know how these contractors stood. That is 
 the small book with the red back. So that I could see, for in- 
 stance, what we owed Eakin or what the contractors owed us. 
 It was impracticable to keep a ledger from the loose way of 
 business we had. I could not make a ledger account of an ac- 
 count that was paid on one book, and was not paid, could I? 
 
 Q. You kept this private book for your own special benefit,. 
 to see what you were doing'' 
 
 A. Yes, sir. 
 
 Q. And you kept these other books just as Howard said'' 
 
 A. Yes, sir. 
 
 Q. By Mr. Alexander: This underclothing that you sell, 
 we have heard some complaint of its being sold for two prices 'r 
 
 A. I can show you the underclothing I have. Of course, I 
 want to make a little money, but then I would not be extor- 
 tionate on the prisoners, and they will bear me out; nine out 
 of ten will state to you I have sold very reasonable. Take the 
 article of soap; it costs me on an average sixteen cents for 
 three bars. I sell that for twenty-five cents. They are not 
 bound to buy from me. I see in some paper where the con- 
 victs had stated that goods coming here for them, in our care, 
 had never been turned over. I most solemnly swear that all 
 goods that have come for any convict I turned over to them. 
 
 Q. By Mr. Patten: What is the reason a box of goods 
 sent to Mr. May field,, from Sullivan County, was kept for four 
 or five weeks and then returned ': 
 
 A. They might have been contraband goods ; for instance, 
 eatables or oranges ; the Warden will not allow them inside. I 
 can solemnly swear that any article of clothing that ever came, 
 to my knowledge, I sent for the man and gave it to him. 
 
 Q. What is done with the contraband goods ? 
 
 A. I don't know. 1 think they are generally sent buck. I 
 can state that everything that comes in my possession I put in 
 a drawer over there and label it. 
 
 Q. What about these unopened letters': 
 
 A. I only open letters during the absence of the Warden, 
 and then only letters that are addressed to him as Warden. 
 
39 
 
 FEBRUARY 28. 
 
 M. I. Huette recalled. 
 
 g. By Mr. Patten: What do you know about this brick- 
 yard account? 
 
 A. Before I came here as Clerk, if I recollect aright, on the 
 31st day of May, there was $6,000 paid over by Col. Merry- 
 weather, but there have been debits and credits on that account, 
 I should think, to four years ago : and then all I know is what 
 Captain Howard told me, that, there was about $2,700 or $2,800 
 unaccounted for, but 1 have not seen that brick-yard book for 
 some time : but the receipts and disbursements on that account 
 run over $6,000 twice that much, I guess. Mr. Coons, when 
 he made up his balance-sheet, estimated it at $3,000, and it 
 seems that he had made an arrangement to meet Captain How- 
 ard and discuss this business ; and on the Saturday he was over 
 the river, in the evening when he came back, I told him that 
 Captain Howard had asked to see him, and he made some kind 
 of reply that, "Oh, I guess he did not want to see me." Then 
 he said, instead of estimating the brick-yard account at $3,000 
 he guessed he had better estimate it at $5,000. I told him I 
 did not know anything about the brick-yard account; that I 
 would not be surprised if he could estimate it at that. 
 
 Q. You have not got that brick-yard book'r 
 
 A. No, sir, I guess it is at Captain Howard's house. He 
 took books, papers, etc., away from here, and took them to his 
 house. 
 
 <,>. State if you know anything about what was done with 
 the cats used in the prison. 
 
 A. I never saw these cats but once. This Directors' room 
 then was a store-room, and I used to see Captain Craig come 
 here every day or so. I knew very well what he came in for, 
 because on several occasions I heard the men halloo in punish- 
 ment, and knew what he did, although I never saw it. The 
 only time I saw the cat was about four years ago. There was 
 investigating committee here, and there were some ladies 
 
 ith the committee, and well, they were exhibited to these 
 adies, and I saw them. 
 
 Q. By Mr. Alexander: How long ago is it since cats have 
 been used? 
 
 A. I think it is four years this March. 
 
 Q. By Mr. Patten: Why did they cease to use cats? 
 
40 
 
 A. I could not tell you about that. I suppose from the way 
 Captain Howard always talked that it was through his instru- 
 raentality that they were abolished, by reason of having this 
 good-time law passed. 
 
 Q. How many cats did they have, a big and a small one ? 
 
 A. I only saw one. 
 
 Q. How long was that? 
 
 A. I should judge the strips on it were about eighteen 
 inches ; the whole concern was about three feet or so. 
 
 Q. State if you know of any transaction between Captain 
 Howard and Col. Shay, in reference to an envelope. 
 
 A. Yes, sir, I have seen the envelope. I saw the envelope 
 about two and a half years ago. 
 
 Q. How was it directed ? 
 
 A. If I recollect aright it was addressed " Col. Thomas 
 Shay. Private." I think that was the only indorsement there 
 was on it. 
 
 Q. Did it contain anything ? 
 
 A. Oh, yes; it had some papers in it. I think it was a 
 yellow envelope, and I suppose it contained papers, about one- 
 quarter of an inch thick. 
 
 Q. Did you handle it? 
 
 A. Well, in passing over envelopes, I handled it; yes, sir. 
 I never knew the contents of it. It was sealed. 
 
 Q. What relation did Col. Shay have to this institution ? 
 
 A. He was a Director in 1879. He was here about two 
 years, I think. The Directors were Col. Shay and Mr. Linck 
 and P. L. D. Mitchell, from Bloomington. 
 
 Q. State if you knew anything as to what the envelope 
 contained. 
 
 A. I don't know. I have an impression that it contained 
 matters relating to the cell-house. 
 
 Q. Was that new cell-house being constructed at that time? 
 
 A. Well, I saw this envelope after the cell -house was com- 
 pleted. 
 
 Q. State about the time it was completed. 
 
 A. I think the cell-house was constructed in 1884. Sweeney 
 & McCormick were the contractors on the cell-house. 
 
 Q. What did Colonel Shay have to do with it? 
 
 A. Well, I don't know what he had to do with it that time. 
 I know there was a great deal of discussion going on, and the 
 Sweeney Bros, were here and Mr. McCormick was here. 
 
41 
 
 Q. Was there any money drawn out do the books show 
 Colonel Shay received any money at that time ? 
 
 A. No, sir. 
 
 Q. Do you know whether that envelope contained money ? 
 
 A. I could not say that it did. 
 
 Q. Did you make any papers or reports to be sent to 
 Colonel Shay ? 
 
 A. No, sir, I never did. , 
 
 Q. Was he chairman of the Board of Directors, or did they 
 have any chairman? 
 
 A. They never did until here lately. I think he was the 
 senior member of the Board. 
 
 Q. By Mr. Alexander : Did you ever have any conversa- 
 tion with Captain Howard about that envelope ? 
 
 A. Captain Howard never told me anything about it. I 
 don't want to do the man any injustice at all, but then I sup- 
 pose it was matters pertaining to this cell-house business. I 
 don't know the nature of the papers. I want to say, gentle- 
 men, that on Saturday Mr; McCampbell, president of the 
 National Bank. I had passed the bank on the opposite side of the 
 street, and he called me back, Friday or Saturday, I think Satur- 
 day, and he says, "Captain, do you know anything about that 
 acceptance of Patten & Co." " Why," says I, " I don't know 
 what you are talking about." Neither did I. He wanted to 
 know if that transaction was legitimate. Says I, " I don't 
 known what you are talking about." He' says, "Oh, I thought 
 maybe you knew all about it. There was an acceptance in 
 favor of Captain Howard by the Patten Manufacturing Com- 
 pany. Did not you get him some drafts ? " I told him Mr. 
 Allen, for Captain Howard, asked me to get some blank drafts 
 at the Citizens' National and also at the other National, and I 
 did so and gave them in blank. " Well, that was what it was, 
 and I wanted to know if that was all right." I said, "I can 
 tell you the Patten Manufacturing Company is a legitimate 
 firm ; whether that transaction was legitimate or not, I do not 
 know." Now, what that transaction was I do not know. 
 Q. Do you know the amount ? 
 A. I won't be certain but what he said $2,000. 
 Q. Who is the superintendent of the Patten Mfg. Co.? 
 A. Wm. D. Patten. 
 W. D. Patten, being first duly sworn, testified as follows : 
 
42 
 
 Q. P>y Mr. Patten : Mr. Huette make your statement, as 
 above. Xow, I wish you to state, Mr. Patten, what transac- 
 tion you had with Captain Howard in reference to that mat- 
 ter ? 
 
 A. 1 have not had any transaction with Captain Howard. 
 
 Q. Did you advance him any money ? 
 
 A. No, sir, I did not ; I advanced no money to the State to* 
 any one, nor to any of the officials. 
 
 Q. When did you start in on your contract.? 
 
 A. We virtually started in on the 1st of January. 
 
 (}. How much ha\e you paid in ''. 
 
 A. We have not paid anything in. I have mentioned once 
 or twice I would like to have a bill for the labor, but never 
 had. Mr. Huette said he called Captain Howard's attention to 
 it, and he said he would see about it. The last time anything 
 was said about money, I think it was a few days before this 
 committee came here. The Captain spoke about money then r 
 and I told him \ve were ready to pay whenever the bills were 
 presented to us. 
 
 David M. Allen, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Patten : State what position you hold in this 
 prison ? 
 
 A. I am Steward. 
 
 Q. State if you purchase the supplies of the institution ? 
 
 A. I do, under the order and directions of the Warden. 
 
 Q. Where do you purchase your beef V 
 
 A. Of a man named Bloom, in Louisville, for lust year and 
 a half. 
 
 Q. Before that time who did you purchase of? 
 
 A. Of a man named John Duff, in Louisville. 
 
 Q. State what kind of beef you buy ? 
 
 A. This man Bloom is what is called a wholesale butcher,, 
 kills from six to eight. He sells the loin and standing- ribs to 
 the steamboats and to the hotels, and we get the balance. We 
 get the brisket and the shoulder and the balance of the beef 
 except the loin, rib and round, that is, one part of the round. 
 
 Q. What price do you have to pay for beef? 
 
 A. Six cents a pound. 
 
 Q. Is that a first-class price ? 
 
 A. That is. 
 
43 
 
 Q. Can not you buy beef from any other point, or from the 
 ame point, at the same price without any select parts being 1 
 taken away? 
 
 A. No, sir; I think not. We tried to butcher here when 
 Captain Howard first became Warden, and it is an actual fact 
 that this kind of beef Bloom sells is worth 8fJ to 4 cents on 
 foot, and it takes a good steer to net 50 per cent.; 55 per cent. 
 is an extra steer. Then the butcher has the head and tail. 
 
 Q. State if any of that beef is ever used by any of the 
 officers of this Institution, taken out without being accounted 
 for? 
 
 A. No, sir. 
 
 Q. Do they occasionally take beef? 
 
 A. No, sir. 
 
 Q. By Mr. Osborn: Do the butchers furnish them beef on 
 their own account ? 
 
 A. Captain Howard buys his beef here at Fisher's, and has 
 never had a pound of beef from Bloom since he has furnished 
 it. Captain Craig at one time bought beef for his boarding 
 house, but that was separate and distinct; that was his private 
 business. It never entered in our account, and I never fur- 
 nished any beef from the prison ration. 
 
 Q. You were in the habit of going on fishing junkets ? 
 
 A. Yes, sir. 
 
 Q. Did you do that at the expense of the State ? 
 
 A. Not by a long shot. 
 
 Q. Wouldn't it be very convenient to do so? 
 
 A. Well, yes. The only thing the State ever had. We bor- 
 rowed our blankets from the prison, but always packed them 
 in a nice box. The State furnished that. We would go out in 
 May and October, twice a year, and we would borrow the 
 blankets. 
 
 Q. Didn't you usually make it convenient to buy your pro- 
 visions for the fishing party from some house that you had 
 patronized for prison supplies? 
 
 A. Well, yes. sir, I would go and buy them at wholesale. 
 
 Q. Don't you reckon you made a mistake sometimes and 
 charged it up to the State ? 
 
 A. Never in the world, sir. 
 
 Q. Are you clear? 
 
 A. I am as clear as I can be. 
 
44 
 
 
 
 Q. You bought a great many hams from Eakin & Co.? 
 
 A. Yes, sir, I bought half a dozen hams on one occasion 
 and half a dozen sides of breakfast bacon. 
 
 Q. Did you have that charged on your own account? 
 
 A. I did. When we got back we put the bills together, 
 and Captain Craig paid his half and I my half. 
 
 Q. You are familiar with the report and rumor ? 
 
 A. Gentlemen, I have been around. The report and rumor 
 was that there never was any honest man connected with this 
 Institution. 
 
 Q. What is your opinion on that? 
 
 A. My opinion is, gentlemen, that we are lied on. 
 
 Q. State how it happens that the bread is baked in this- 
 prison and taken to the Deputy Warden's and Warden's. 
 
 A. Well, it has been the custom ever since I have been 
 Steward, and that is twelve years, to bake bread for the War- 
 den and Deputy Warden and charge them up with the flour. 
 
 Q. Who charges it ? 
 
 A. I will tell you how. They will furnish the flour, for in- 
 stance, and I will bake the bread ; 1 know exactly about how 
 many pounds of bread a barrel of flour makes; I would charge 
 them with the flour and report it to the Clerk. 
 
 Q. Why don't that show up on the books? 
 
 A. I can not answer that question. 
 
 Q. Don't you know as a fact no such account appears on the 
 books ? 
 
 A. I don't know anything about what appears on the books. 
 
 Q. How did you make that report in writing? 
 
 A. Verbally ; I told the clerk to charge Captain Howard's ac- 
 count with a barrel of flour. 
 
 Q. How often did you do that ? 
 
 A. Well, I haven't done it for six months, I presume. 
 
 Q. 'How many barrels of flour do they use a week or 
 month ? 
 
 A. I suppose a barrel of flour would reach Captain How- 
 ard's private family two or three months ; I am talking about 
 bread for his private family. 
 
 Q. How much flour would Mr. Craig use ? 
 
 A. He would use two barrels of flour every month. 
 
 Q. How much is a barrel of nour worth? 
 
 A. I think about $4.25 ; it will average $4.50. 
 
45 
 
 , 
 
 Q. That would be two and a-third barrels a mouth at $4 a 
 barrel ; what is the average ? 
 
 A. My flour would average during the year about $4.75, 
 perhaps. This is first-class flour. 
 
 Q. Were there any other things that went there? 
 
 A. Nothing. 
 
 Q. Any potatoes? 
 
 A. No, sir. 
 
 Q. Sugar? 
 
 A. No, sir. 
 
 Q. Coftee ? 
 
 A. No, sir. 
 
 Q. How much whisky did you buy a month or year? 
 
 A. Well, sir, the whisky is bought for the hospital on re- 
 quest of the physician. I don't know. He would give. me a 
 bill of drugs and supplies for every month. 
 
 Q. Did you buy a barrel for every month ? 
 
 A. No, sir; I had nothing to do with the buying of the 
 whisky. The Warden would attend to that. 1 suppose they 
 use two gallons of whisky a month in the hospital. 
 
 Q. Not more than that? 
 
 A. Perhaps three ; owing to the number of patients they 
 had. 
 
 Q. Did you buy vegetables for this institution ? 
 
 A. We did not buy any only potatoes. The vegetables 
 were raised in the garden. 
 
 Q. Is it not a fact that a great amount of potatoes would go 
 from here to Captain Craig or the Warden's? 
 
 A. No, sir; it is not. I am sure of that. 
 
 Q. You say there is no meat ever furnished directly from 
 this prison to the Warden, Deputy Warden, or taken out by 
 yourself? 
 
 A. Yes, sir ; I say that. I am positive. 
 
 Q. Why has there been no report of bread for the last six 
 months ? 
 
 A. When Captain Craig was here I think the last two or 
 three months he was here he baked most of his bread, or a 
 great portion, at his house. He had reduced the quantity, and 
 when he left here I think they were using two or three barrels 
 of flour that he had bought and sent here that just about 
 squared his account. 
 
46 
 
 Q. Why was it necessary for Mr. Craig to buy two or three 
 barrels of flour of you ? 
 
 A. From the very fact that I had a class of flour that 1117 
 bakers could handle and make better bread out of than anj 
 flour in the market of the same grade. 
 
 Q. You remember when the Senate Investigating Commit- 
 tee was here? 
 
 A. Yes. 
 
 Q. Can you tell this committee how many barrels of beans 
 you had on hand the day they came down ? Don't you re- 
 member that you had fourteen barrels. 
 
 A. I do not; I bought beans, I think, sometime this month. 
 
 Q. How many barrels ? 
 
 A. I hyave the invoice bill in the office. 
 
 Q. Were there twenty barrels V 
 
 A. No, sir ; I don't think so. 
 
 Q. State from your best recollection if there was not four- 
 teen barrels of beans on hand when they came '< 
 
 A. I can not say. T suppose there was twelve to fourteea 
 barrels. 
 
 Q. How many of these barrels are on hand now ? 
 
 A. I don't know. I have not counted them up. 
 
 Q. How many barrels do you use a day? 
 
 A. The day we use beans twice, we use about 3i bushels- 
 over a barrel. 
 
 Q. The Committee was here on last Friday '( 
 
 A. Yes, sir. 
 
 Q. State if it is not a fact that you hauled out and took 
 away nearly all of those beans, say ten barrels. 
 
 A. I have not hauled a barrel out nor taken a bean away. 
 
 Q. Why are they not in that store-house ? 
 
 A. They are there, or they have been consumed every one of 
 them. 
 
 Q. By Mr. Pleak : Do you remember what you paid a bar- 
 rel for the beans 'i 
 
 A. I paid $1.25 a bushel. 
 
 Q. By Mr. Alexander : What do you know about the 
 garden ; was it kept by the convicts ? 
 
 A. Yes, sir. 
 
 Q. What becomes of the produce? 
 
 A. They go inside and to the Warden and Deputy War- 
 den's houses. 
 
47 
 
 Q. What did the convicts get from it during the summer 
 season ? 
 
 A. Tomatoes, onions, lettuce, radishes and cabbage. 
 
 Q. How often a day ? 
 
 A. During abundance of it, three times a day. 
 
 Q. By Mr. Patten : Referring to the financial transaction 
 which took place here the other day, will you tell this Commit- 
 tee what part you took in raising about $6,000 or $7,000 to 
 meet the deficiency of the Warden and present before the Sen- 
 ate Committee? 
 
 A. Well, I will tell you, gentlemen. The facts in the case 
 is, Captain Howard came to me, told me he wanted the money 
 raised, said he had arrangements made that failed him and he must 
 have it. I told him " it was d pretty time to come to me to 
 raise that amount of money. Where am I going to get it. I 
 have got none of my own." He says, " 1 must have it." I 
 started out into the street, and I drew up a note and began to 
 get names on it, and I was surprised at myself, surprised at the 
 whole transaction. 1 succeeded in half an hour, went to the 
 bank and put it to his credit. He said, " I only want it for a 
 day or two, as soon as 1 can make some arrangements.'' 1 went 
 and placed it to his credit. I borrowed it on my own motion. 
 I did not ask him what he wanted it for; didn't take his note. 
 I knew Jack Howard was honest and big-hearted, and, if he 
 was in trouble, I would help him out. 
 
 Q. You undertook it with the understanding that it was to 
 be "a short loan ?. 
 
 A. It was to be paid the next day or two. 
 
 Q. 1 will ask you if you did not check out $6,000 on Satur- 
 day '< 
 
 A. No, sir; I checked $7,162.27. He drew the check in 
 there when the Senate Committee was in there, called me to 
 go up town and get this check cashed. I went up town, 
 brought it down and he put it in the safe. 
 
 Q. When was this money paid back? 
 
 A. It was paid back on Monday morning. I took $2,000 
 and Mr. Baxter took the other $5,000. 
 
 Q. Give us the facts about raising $3,000 to meet deficiency 
 when the Legislative Committee was here two years ago. 
 
 A. He came to me, I think it was put oft' to the last mo- 
 ment. He said: "By gosh, I must have $3,000." "Well," 
 
48 
 
 says I, " have you tried to get it anywheres ?" He says, "I 
 have tried, and my efforts have failed; can you raise it?" I 
 went out, and says I, " Craig, Jack wants us to raise $3,000. 
 If you will sign this note, I will get the money." He signed 
 it. I went to the Loan Association, borrowed it out on ten 
 days' time. At the end of ten days, Captain Jack comes and 
 says: " How long have you borrowed that money for?" Says 
 I, " Ten days." Says he, " I can't pay it in that time. I have 
 got it in my accounts; can't you make that loan longer?" I 
 saw Craig. Says he, " II 1, we are stuck on that money ; see 
 if you can get that loan." I went to the secretajy of the Loan 
 Association. Says I, " Will you allow me to extend that loan ?" 
 He says, " Yes, certainly." At the expiration of that loan I 
 went to him and said, " Captain, you have got to make some 
 arrangements to meet that Loan Association business, due in a 
 few days." He says : " Can't you arrange it by .getting into 
 the new association? I have got $500 in the othe'r association; 
 I will draw that out and pay it, and you can take some shares." 
 I went up and took the shares, and Craig and I indorsed and gave 
 him the note and took twenty-five shares. We had to get three 
 or four indorsers according to the by-laws. I goes to work 
 and gets four months on it. - He has been paying that from 
 time to time until, I think, he has paid between $900 or $1,000 
 I think about $1,500. 
 
 Q. How much stock does Howard own in the Jeftersonville 
 Times? 
 
 A. I think he owns it all. 
 
 Q. By Mr. Osborn: All the slop goes to feed the Warden's, 
 hogs and cows does he sell any of them? 
 
 A. The hogs he would have made a spec but the cholera 
 struck him and knocked thunder out of him. The Warden 
 can, by close attention, make money by feeding it to the hogs. 
 
 Q. Does he sell the refuse from that mill? 
 
 A. No, sir, it is consumed right here. 
 
 Q. It amounts to some two barrels a day ? 
 
 A. Oh, no ; that Senate Committee made quite a point on 
 me ; they wanted to know what was the difference in cost in 
 making and buying hominy. I told them I could buy hominy 
 for $2.70 a barrel and it cost about $2.40 to make it. I says, it 
 takes six barrels of corn to make a barrel of hominy, but you 
 take six barrels and you make two hundred pounds of hominy. 
 
49 
 
 Q. By Mr. Hobson : How much hominy do you make on 
 an average, per day ? 
 
 A. I have to use a barrel a day. 
 
 Q. Two barrels of offal a day ? 
 
 A. Nearly so; yes, sir. 
 
 Q. What do you do with the old flour barrels ? Is it true 
 that they are sold for 17 J cents each ? 
 
 A. No, sir, I have sold them at twenty cents. 
 
 Q. How many do you have per month ? 
 
 A. We have about fifty, I suppose. 
 
 Q. You sold the bones ? 
 
 A. Yes, sir. 
 
 Q. About how many pounds of that per month? 
 
 A. Well, the bones per month would be about 400 or 500 
 pounds. 
 
 Q. You got how much per 100 for them ? 
 
 A. Sixty cents. That has always been considered the Stew- 
 ard's perquisites the bones and empty barrels. 
 
 Q. By Mr. Alexander: You was here when Mr. Howard 
 was elected Warden the last time? 
 
 A. Yes, sir. 
 
 Q. What do you know of any money being offered the 
 Directors to vote for him for Warden ? 
 
 A. That kind of a transaction they didn't count me in. 
 
 Q. Was there not any talk about it at the time? 
 
 A. No; I have heard this street rumor that some fellow had 
 been bought. There were three or four disappointed candi- 
 dates. 
 
 Q. You never heard Captain Howard say anything about 
 that ? 
 
 A. No, sir ; not a word. 
 
 I want to explain in reference to hauling beans. The Senate 
 Committee asked me that question when they came. I told 
 them I never done a transaction of that kind. But two years 
 ago, in 1884, when the water was getting up here, I had 20 or 
 30 barrels of beans. The Relief Committee came up and said : 
 "I have an order for ten barrels of beans. There ain't a bean 
 in Louisville.'' Says I: "I can furnish them to you." I 
 loaned them to him, and when he came back he gave me bean 
 for bean for them. 
 
 4 PRISON. 
 
50 
 
 W. P. Barnhill, having been duly sworn, testified as follows : 
 
 Q. You are the Chaplain ? 
 
 A. Yes, sir. 
 
 Q. Have you had any Sunday-school lately? 
 
 A. Not since I came in. 
 
 Q. When was that? 
 
 A. I was elected in September. It had been abandoned or 
 discontinued. 
 
 Q. What was the reason of its discontinuation ? 
 
 A. Dissatisfaction and friction in the running of the school. 
 
 Q. Have you attempted to reorganize it ? 
 
 A. I have a school organized I teach on Sunday morning, 
 which I expect will develop into a Sunday-school in a few 
 weeks. 
 
 Q. When was that organized ? 
 
 A. In November. 
 
 Q. Have you any regular school where you teach the com- 
 mon branches 'I 
 
 A. This is the school. I teach arithmetic, geography, read- 
 ing and writing. I have taken illiterate men who could not 
 take part in a general Sunday-school, who needed first to learn 
 this. 
 
 Q. What facilities have you for intercourse with the prison- 
 ers in the cells ? 
 
 A. I have access at any time. I put in Sunday evenings 
 and during the week frequently. 
 
 Dr. Norvell, having been duly sworn, testified as follows : 
 
 Q. By Mr. Patten : Were any pecuniary inducements 
 made to you for the purpose of influencing yonr vote as 
 Director in the election of a Warden ''. 
 
 A. Well, I have been approached in different ways. I sup- 
 pose you have reference more particularly to Captain Howard, 
 who was elected Warden. I can plainly answer you just in 
 this way. I am very glad you have asked me this question. 
 Newspaper rumors have been afloat that I received money from 
 Captain Howard, and I saw a hint of that kind in the Cincin- 
 nati Enquirer. I want to say to you that I never received one 
 cent from Captain Howard in my life for having voted tor him 
 for Warden of this prison. 1 did not intend to vote for Cap- 
 tain Howard at first. Peter McCarthy had asked me to vote for 
 him some considerable time before. I had promised to do so, 
 
51 
 
 and fully intended doing it. I found, however, after coming 
 down here at that meeting, that Dr. Hunter had a candidate in 
 the person of a Mr. Tubbs. Major Finney, who was Republi- 
 can member on the Board, had a candidate by the name of 
 Neft. Neither of the gentlemen suited me ; neither Major 
 Fenney nor Dr. Hunter would vote for McCarthy. Captain 
 Howard always treated me very kindly, and wanted me to vote 
 for him, and I said to Peter McCarthy and others I was going 
 to cast my first vote for Captain Howard. I could not get my 
 man and I did not like the others. I came in and cast my first 
 vote for Captain Howard, and Major Finney having done the 
 same thing, that elected him. 
 
 Q. Doctor, state if you received any proposition from any 
 other source V 
 
 A. I did. One thing right there; I would like to state this, 
 the gentlemen who approached me with propositions are my 
 friends. 
 
 
 
 Q. Did anybody us a friend of Captain Howard, *r his 
 agent, make any proposition to you ? 
 
 A. No, sir. 
 
 (j,. Was Captain Craig at that time a candidate ''. 
 
 A. He was. 
 
 Q. Did he make any proposition to you '( 
 
 A. I don't think he did. 
 
 Q. State if there was any proposition coming from him iu 
 any direction ? 
 
 A. I could not say positively that there was not anything 
 of the kind coming from him. I don't have any recollection 
 of Captain Craig making any proposition. He talked to me 
 about being a candidate. 
 
 Q. We are talking .atfout a money proposition. 
 
 A. I do not know. I have no recollection of Captain Craig 
 offering that kind of a proposition to me. 
 
 Q. Do you know of any of his friends making it for him ? 
 
 A. I would rather not answer that question. I shall have 
 to'say frankly that men whom I regarded as his friends were 
 very anxious for his election. 
 
 Q. Did they ofter any money consideration ? 
 
 A. Well, I was told I could get money for doing so. I 
 don't know that I was ever offered it. I did not entertain any 
 proposition of the kind, I am sure. 
 
52 
 
 Q. Was there any sum named? 
 
 A. Well, now, Captain, I don't know, certainly, what 'to 
 say about that. 
 
 Q. You can state to the Committee how it was. 
 
 A. It thas been a good while ago. You see there were 
 quite a number of applicants, and there were quite a number 
 of gentlemen here in the interest of Mr. Tubbs, and they were 
 ready to make almost any kind of proposition ; some of them 
 had government offices to bestow; others had a great deal of 
 wealth, but would not name amounts they would pay. You 
 see, men are very particular about giving the amount. 
 
 Q. Did anybody offer you money to vote for Captain Craig 
 for Warden ? 
 
 A. Well, now, I can't exactly answer that question. I can 
 assure you that no gentleman connected with this institution 
 is being referred to in this conversation at all. The conversa- 
 tion I had was with Capt. Craig's friends. You see, gentlemen, 
 you can not really appreciate the political situation in this 
 locality. There is quite a number of factions, particularly so 
 in the Democratic party, and they fight each other a great deal, 
 and there seems to be a great deal of bad blood existing. 
 There is a very bitter feeling existing between them, more so 
 than between opposite parties. 
 
 Q. State if anybody in Jeft'ersonville, as Craig's friend,, 
 offered you any amount of money to vote for Captain Craig. 
 
 A. Yes, sir. 
 
 Q. I will ask you who that man was? 
 
 A. I don't want to get that man in any trouble. You see,. 
 Captain Howard was re-elected, and Captain Howard did not 
 give me one cent. 
 
 Q. By Mr. Pleak : You are familiar with the duties of 
 Directors in visiting the prison. I would like to ask you if 
 that has been your practice here? 
 
 A. No, sir; not in that particular way. Captain Horn, 
 living near the city, has been here quite often. There was a 
 practice in vogue when I came here for the Board to meet every 
 month. We have all met every month, or at least a sufficient 
 number of us. I have missed, perhaps, three or four or five 
 meetings during the whole term. I have been Director pretty 
 nearly four years. 
 
 Q. State if you inspected the accounts of the prison. 
 
53 
 
 A. We inspected the accounts every month. 
 
 Q. State the manner of proceeding. 
 
 A. In the first place, when we came down here, we would 
 sometimes take the books up first, and sometimes visit the 
 prison first. Sometimes we separated. Ordinarily we got to- 
 gether and passed through all the shops to hear and see the 
 prisoners in the penitentiary, and each prisoner understands 
 that he has the right to speak to us. If he has any complaints 
 of any character, or wishes to come before the Board, he gives 
 us his name, and after we have gone through the prison we fix 
 some time during the time we are here to hear complaints of 
 the prisoners. Captain Horn is Secretary. I am acting as 
 President. We keep notes of what prisoners have to say. 
 Each prisoner is brought in separately, and there is ordinarily 
 nobody in here except the prisoner and the Board of Directors.. 
 Then he has the privilege of making any complaints of any 
 character in the world that he wishes to. Then we investigate 
 it in a manner to suit the complaint. When a man is sick we 
 refer him to the physican, and frequently in investigating mat- 
 ters of punishment we bring in guards, but I will say to you 
 candidly that I believe that seventy-five per cent, of the com- 
 plaints usually made do not amount to anything at all, and, in 
 reality, we know there is a certain class of fellows coming 
 nearly all the time. When any matters require our assistance 
 we always try to make the best of it that we can. Some cases- 
 we refer to the Warden, others to the physician. If the com- 
 plaint was that there was not enough heat in the cell we would 
 speak to the cell guard about it. Sometimes they complained 
 of the food. Ordinarily the man complained that he could not 
 perform his task. Pretty often it is the prisoner's fault, trying- 
 to play off*. When we wanted to know what the task was we 
 saw the guard and asked what kind of a man that is, and if he- 
 can perform that labor he is required to do it. If he is dis- 
 abled or claims inability for it, we refer him to the physician.. 
 
 We have three books, one Directors' record, and other larger 
 books in which the accounts are kept and bills filed. Then an- 
 other made by the clerk two duplicates on each page. Cap- 
 tain Horn will take one book and the clerk another. Captain 
 Horn will come to this bill, and if there is anything wrong 
 about it we try to correct it. We see if the bills correspond 
 with the book Dr. Wilson has, and corresponds with the 
 
54 
 
 voucher I am to sign, when we get through. That is all there 
 is about it. 
 
 Q. What can you know about the supplies having been fur- 
 nished ? 
 
 A. We can't know very much ; we would go into the 
 kitchen sometimes and see what was there. Visiting the prison, 
 a man can not come and stay here but a short time. 
 
 Q. By Mr. Alexander: What has been done in regard to 
 investigating the accounts of the Warden, when you met every 
 month ? 
 
 A. Our investigation is simply to see that the accounts cor- 
 respond that they agreed with the minutes of the meetings 
 preceding and to go through the prison. 
 
 Q. Would you ever go back and make any overhauling of 
 his books in any way? 
 
 A. I never did go back very far into the books. 
 
 Q. Did you try to 1ind out anything about his money ac- 
 count '! 
 
 A. I know nothing about his money accounts. 
 
 Q. Did you examine into the convict fund ? 
 
 A. No, sir, I can not say that I have ; I had no business 
 with it; my understanding was that it was all right. 
 
 Q. Did you ever ask him about the amount of money he had 
 on hand belonging to the Institution have him show up his 
 money ? 
 
 A. No, I never had him show up his money anything of 
 that kind. The truth is that it is natural to fall into the plans 
 of men that come before me, and I suppose I felt that way. 
 We thought it was really better for Captain Horn to visit the 
 prison ; it was very convenient, and on an average I guess he 
 visited the prison often er than the law required: I thought 
 that would be sufficient. 
 
 Q. By Mr. Pleak : As a rule your visits were rather hasty 
 a mere cursory view of the accounts. 
 
 A. We did up the business as rapidly as we could conven- 
 iently : we were here a few days each time ; we always stayed 
 a day to look at the accounts, and supposed we were correct 
 before we passed them. All we had here was the bill, here 
 was the duplicate, and here was the amount on the book. We 
 did not see the meat, we did not see the tobacco, but supposed, 
 as a matter of course, these things had been consumed. 
 
55 
 
 
 Dr. Norvell recalled. 
 
 Q. By Mr. Alexander: A rumor has been before this Com- 
 mittee that at the time of the re-election of the Warden here, 
 Senator Rahm, I believe was the man, in the interest of some- 
 body is said to have telegraphed you this telegram : "I will give 
 you $4,000 for your corn/' What have you to say in regard to it? 
 
 A. Well, gentlemen, I can answer that question very 
 frankly. I never had a telegram from Senator Rahm in my 
 life on any subject. 
 
 Q. Did you from anybody ? 
 
 A.^ I have never had a telegram from any individual living 
 on the subject of the election of Warden, that I now remem- 
 ber, and so far as the telegram in regard to corn is concerned, 
 I have never heard of it before, except in conversation with a 
 gentleman day before yesterday, who said there was a rumor 
 of that kind. 
 
 Mr. R. J. Wilson, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Patten: State your relation to the prison. 
 
 A. I am one of the Directors. 
 
 Q. How long have you been a Director? 
 
 A. Something over year; I do not remember the exact date. 
 
 Q. State if you have ever been approached by any body 
 since you have been an officer of this prison, in a corrupt man- 
 ner, for the purpose of influencing your vote. 
 
 A. No, sir ; I have never helped elect. The Warden was in 
 when I came on the Board. I helped elect the Chaplain, Physi- 
 cian and Deputy Warden. Mr. Horn was on the Board when 
 I came ; I succeeded Dr. Hunter, I think, in August. 
 
 Q. You was elected to fill his unexpired term? 
 
 A. Yes, by Governor Gray. These are the only elections 
 there have been since I was here, and none of those gentlemen 
 offered me anything. 
 
 Q. Have you any knowledge of the Warden offering any- 
 thing at the last election to secure his re-election? 
 
 A. No, sir ; I don't know anything about that. 
 
 Q. State if you had any conversation with Captain Howard 
 or any body that is connected with the prison in reference to 
 any use of money or influence to secure his re-election ? 
 
 A. No, sir ; I don't know anything about that at all. 
 
 <<2- State, if in your connection with the Clerk here, as an 
 
56 
 
 officer, whether or not you know he has his own system of 
 book-keeping whether or not he has been interfered with in 
 any manner in keeping his accounts. 
 
 A. Not that I know of. 
 
 Q. State if he met with your Board, and assisted you in 
 passing on the bills before you. 
 
 A. He always was accommodating and gave all the light and 
 information we asked for. 
 
 Q. State if the manner of book-keeping in this institution is 
 like that of any other ordinary business. 
 
 A. I am not much of a book-keeper. 
 
 Q. What was your method of business at these meetings? 
 
 A. We went through the prison and heard complaints, and 
 the next thing we had men come here and report to us; send 
 for the guards and investigate the causes of complaint. After 
 we got through with that we went through the bills, and they 
 always compared with the books, and everything looked right 
 to me. 
 
 Q. Did you go any further with the investigation of their 
 books ? 
 
 A. No, sir. One took the bills and the other the book, and 
 the other the vouchers, and compared them, and we looked at 
 the prices. Captain Horn is in the provision business, and one 
 or two times we thought the prices were high. 
 
 Q. After you did that, you did not pursue the matter any 
 further? 
 
 A. No, sir. 
 
 Q. By Mr. Pleak : , What is your business ? 
 
 A. At the present time I am a newspaper man ; my busi- 
 ness is practicing medicine. 
 
 Q. What is the name of your newspaper ? 
 
 A. Salem Democrat. 
 
 Mr. John Horn, having been duly sworn, testified as follows: 
 
 Q. By Mr. Alexander : Where do you reside ? 
 
 A. I reside in New Albany. 
 
 Q. What connection have you with this prison ? 
 
 A. I am one of the Directors of the prison. 
 
 Q. How long since you were appointed? 
 
 A. It will be two years the first of next March. 
 
 Q. Have you Directors had meetings here investigating this 
 institution, and how often ? 
 
57 
 
 A. We generally met most of the time every month, but 
 not always. 
 
 Q. About how long between times you did not meet at all ? 
 
 A. I come up almost every week or every two weeks. I 
 drop in and look around. 
 
 Q. About how often do you investigate the accounts of the 
 institution ? 
 
 A. Every time we have a meeting. You can see in our 
 minute-book the date. We always went over the accounts 
 every time. 
 
 Q.^, When you were here, did you pursue a thorough inves- 
 tigation ? 
 
 A. As far as the invoices is concerned, we always went 
 through them carefully. 
 
 Q. The bills were presented to you by the Clerk with his 
 accounts? 
 
 A. Yes, sir. 
 
 Q. I will ask, when the Directors met here when these 
 bills were audited if these bills were audited as paid when 
 the Directors knew they were not paid? 
 
 A. Well, most all bills, when they came before us, and we 
 found them marked paid, we audited them paid. I don't think 
 they were paid when they were before us. I don't know that 
 they were ever marked paid when they came before us. 
 
 Q. Did you have any knowledge that some of these bills 
 that were audited as paid were not paid ? 
 
 A. Not as I know of. 
 
 Q. Did you ever have any conversation with the Clerk about 
 the way the institution was managed in which you said you 
 were disgusted at the way things were done? 
 
 A. I had several talks with the Clerk. I got very dissatis- 
 fied at the way they were paying officers here and guards, and 
 such as the meat bill, I found, had not been paid. I had talk 
 with the Clerk about it, and I told him that the business did 
 not suit me quite, and it was rather loose and so on, and we 
 went and seen the Warden about it and told him he ought to 
 see to it, and he always promised he would. 
 
 Q. Did you ever examine the accounts and find out how 
 many outstanding bills were not paid and the amounts? 
 
 A. After we looked the bills through, and they were signed 
 by one of the other Directors, I don't think we looked into it. 
 
58 
 
 Q. After finding out that these guards had not been paid, 
 did you ever inquire the reason they were not paid ? 
 
 A. No, we did not. The only answer we got would be, 
 4 ' That will be all right. I will attend to it." 
 
 Q. For what reason was it you did not examine the amount 
 of money he had of every kind belonging to the institution? 
 
 A. I don't know whether I could give you any other reason 
 except we had too much confidence in him. 
 
 <,. You just went on his promises? 
 
 A. Yes, sir. 
 
 (}. Did you ever ask about his ability to pay up ': 
 
 A. We had talks about his paying up, and getting things 
 in better shape. He would say: "Yes, that will be all right." 
 
 <^. State if complaints were made to you by outside parties 
 who had accounts that were not paid. 
 
 A. N^ever ; no, sir : with the exception of the meat and the 
 guards. 
 
 Q. State if when you three Directors were here, did you 
 ever talk over with the Warden about his bills outstanding and 
 not paid, and he promised all three that he would make it all 
 right. 
 
 A. Yes; when we were all here. 
 
 Q. Was there ever any proposition made by the other 
 Directors about examining into his ability to pay, and seeing 
 how much money he had on hand ? 
 
 A. No, sir: nothing of that kind. 
 
 Q. I will ask you if, at any one of your meetings, you re- 
 quired of him to furnish you an account of the moneys he had 
 on hand, or the money lie had on hand, and of the outstanding 
 bills against the Institution ''. 
 
 A. We did not. 
 
 < t . .You knew there were quite a number of funds ; the con- 
 vict funds, visitors' funds, money received from the State and 
 on account of contractors. Did you at any one of your meet- 
 ings require him to furnish a detailed statement of the amount 
 he had received from every source ; also, the amount of bills 
 he had paid and what were not paid ? 
 
 A. Not to my knowledge. 
 
 t k >. By Mr. Pleak : .What did you consider your duty as 
 Board of Directors here? 
 
 A. Oh, I think, so far as I know, that we examine into al- 
 
lowances of bills and invoices, and see whether they are correct 
 with the books of the clerk, to examine the prison, go through 
 and see whether the food was right, whether prison was car- 
 ried on right, and where complaints were made by convicts we 
 investigated them. 
 
 Q. By Mr. Alexander: Did you ever inquire for an ex- 
 planation about how contracts were made by the Warden with 
 outside parties for furnishing supplies to the Institution, and 
 whether or not he ever received any rebate by reason of those 
 supplies being furnished ? 
 
 A. We never inquired. All we did we looked at the bills 
 to see whether they were correct with the market prices, 
 whether they were all low enough, but whether he received a 
 rebate, I could not tell. We never asked him about rebate. 
 
 Q. State if anything of that kind was ever brought to the 
 knowledge of the Board of Directors. 
 
 A. No, sir. 
 
 Q. What was said to the Warden when he vr-as re-elected. 
 by the Directors about his furnishing new bond ? 
 
 A. That was before my time. I was not Director then, 
 when he was re-elected. During the first meeting I inquired 
 about the bond. They said it was the old bond, and the old 
 bond was good and lawful. The old Directors at that time 
 thought the bond sufficient. That was all they said about it. 
 
 Q. Did you take the advice of anybody as to whether a 
 bond of that kind would be valid ? 
 
 A. No, sir. 
 
 Q. Just took his statement for it, and the other Directors, 
 that they thought it to be good ? 
 
 A. Yes. 
 
 Q. You don't kriow whether they inquired at that time '.' 
 
 A. I could not tell. 
 
 Q. What do you know of any corrupt influences that were 
 used to elect Warden of this prison ? 
 
 A. Well, I don't know of a thing. 
 
 Q. Were there any rumors of that kind '! 
 
 A. Outside there may be, but I could not take that for 
 granted. There never was anything said to me or hinted of 
 the kind. 
 
 Q. Was the Warden elected when you came in ? 
 
60 
 
 A. Yes, sir. I was going to say: we elected while I am 
 here, a Deputy Warden, the Physician and the Chaplain. 
 
 Q. Was there any money consideration offered to the Di- 
 rectors for the purpose of voting for any of these officers ? 
 
 A. No, sir, not a cent. Even if they offered it, it wouldn't 
 took. 
 
 Q. At the times you had your meetings here, if any com- 
 plaints were made by convicts you heard their statements? 
 
 A. Of course. There is no meeting of the year where we 
 have not had those complaints. 
 
 Q. You took their statement and then you took the state- 
 ment of persons connected with the institution? 
 
 A. When they made complaints of bad treatment by the 
 guards, the testimony of the guards was always good treat- 
 ment, and the other side always bad. If any convicts had been 
 worked too hard we always referred them to the physician 
 and inquired into their health. 
 
 Q. Did you ever bring any of the contractors before you to 
 find out about these complaints ? 
 
 A. We went around and asked them, sometimes, what they 
 thought about it. For instance, they would say: "There is a 
 man right alongside of him, not as stout as he is, but he does 
 the same work." 
 
 Q. State if you Directors ever said to Captain Howard that 
 you did not think he was conducting the Prison on the right 
 plan that the management was too loose. 
 
 A. Not except what I said about the accounts. Sometimes 
 we told him this had to be fixed. We always got the answer 
 that he would see to it. 
 
 Q. State if you ever examined into his rules and regulations 
 to see whether they were reasonable or not. 
 
 A. We did. There is much complaint about the food, and 
 so on. When I slipped up here sometimes I never found it dif- 
 ferent. I thought it good enough for an institution of this 
 kind. I never found any bad meat since I came here. Of 
 course convicts, they complain; you can't please them, whatever 
 you do. 
 
 Q. Who makes out your reports to the Governor? 
 
 A. We make out the Directors' report; the other is made 
 out by the Warden and the clerk. 
 
 Q. State if you ever made any report to him about the man- 
 
61 
 
 ner in which the prison was carried on, as to the money condi- 
 tion of the prison and about bills that were not paid. 
 
 A. No, it is not in our report. 
 
 Q. Did you make any suggestions as to improvements that 
 were necessary? 
 
 A. I believe the report says. 
 
 Q. By Mr. Patten : State if that wooden wall was cut down 
 4ind a brick one put up there would there be a saving in guards? 
 
 A. I believe it would be a saving of guards if we had a 
 good wall back there ; it ought to be fixed; it is bad the way 
 
 j_ 
 
 it 18." 
 
 Q. Is there not some land here not inclosed belonging to the 
 State? 
 
 A. There is some outside. 
 
 Q. Do they rent that garden? 
 
 A. No, the garden is State property, I think ; it is about 
 seven acres, I think. 
 
 Q. In what business are you? 
 
 A. Groceries, at New Albany. 
 
 Q. By Mr. Pleak : Do you ever furnish any supplies to this 
 Institution ? 
 
 A. No, sir ; I have never furnished anything to it, because 
 Director should not. 
 
 Mr. C. H. Walden, having been duly sworn, testified as fol- 
 lows: 
 
 Q. By Mr. Patten : What is your connection with the 
 Southern Prison? 
 
 A. I am a Superintendent. I have a shoe contract. 
 
 Q. Can you furnish the Committee with the amount you 
 have paid to the Warden since the 31st of October ? 
 
 A. Yes, sir. We have thirty days to pay our bill, and then 
 ten days more. For instance, January bill we should not pay 
 until 10th of March. Some of these bills are anticipated a little. 
 I let them have $500 of November money in October. The 
 payments were made as follows : 
 
 October 27, $500 on November account. 
 
 November 8, $1,367.93 on September account. 
 
 December 6, $1,944.78 on October account. 
 
 December 3, $1,995.75 on November account. 
 
 January 17, $2,089.63 on December account. 
 
 February 10, $2,085.72 on January account. 
 
62 
 
 They get leather from us and shoes, and it there are dis- 
 crepancies between book and full amount of bill, that can be so 
 explained. 
 
 Q. How is it that you pay them in advance ? 
 
 A. They said they were hard up and wanted some money, 
 and if we could possibly let them have it ahead of time, we let 
 them have it. 
 
 Q. Do you remember when the Senate Committee was here': 1 
 
 A. Yes, sir. 
 
 Q. Have you any knowledge of where Mr. Howard raised 
 the $7,000 he showed to the Committee ? 
 
 A. He didn't raise any of it from me. 
 
 Q. Have you any knowledge of it ? 
 
 A. I have no knowledge of myself; no, sir. 
 
 Q. By Mr. Alexander: Bid you have any talk with him 
 about it? 
 
 A. I don't think you have any right to ask me that ques- 
 tion. I should prefer not to answer it. 
 
 Q. By Mr. Patten : Did you furnish privately any of this 
 money ? 
 
 A. I did not. 
 
 Q. By Mr. Alexander: Do you know anything about 
 Perin & Gaff, or either one of them, paying to the Warden, or 
 any one, for him, $1,000, during this month? 
 
 A. No ; I have heard it intimated on the street. 
 
 Adjournment for dinner. 
 
 Q. By Mr. Alexander : I will ask whether you know any- 
 thing about where this money came from that the Warden of 
 the Prison exhibited to the Senate Committee when they were 
 here the other day $7,000 whether or not you heard Captain 
 Howard say anything as to that ; if so, what the conversation 
 
 was? 
 
 A. I don't think I heard him say anything about it, no 
 more than that he got the money. 
 
 Q. Did he say where he got it ? 
 
 A. I don't think he did. 
 
 Q. Did he say anything about its being his own money or 
 belonging to some one else ? 
 
 A. He said the money was there in the safe, if I remember. 
 
 Q. State as nearly as you can the conversation you had. 
 
 A. I think he told me that he should pull through : that he 
 
63 
 
 - 
 
 had got the money; had it in the safe there, and enough ; the 
 difference his books called for, I think it was $7,000 ; I am not 
 sure. 
 
 (I. State if you had any conversation immediately before 
 Senate Committee came down as to money part of it. 
 
 A. Well that is what I refused to answer this morning. I 
 will say that he asked me to raise him some money. I think 
 my share was S'2,000. 
 
 Q. Was the money actually due him from you? 
 
 A. No, sir ; nothing due. It would have been due 10th of 
 ApriT 
 
 Q. Has he asked you for any money since this committee 
 came down? 
 
 A. Not a dollar. 
 
 Q. Or immediately before the committee came down, and 
 when he knew it was coming? 
 
 A. I don't believe I have. I don't think I have been asked 
 to raise any money since the day before the Senate Committee 
 came down, but I may have been. I do not recollect. 
 
 Q. Have you had any conversation with him to-day about 
 the committee about these affairs in the prison. 
 
 A. At noon, I think, he asked me about the trouble be- 
 tween me and the committee. He said he understood I was in 
 contempt, and spoke about Perin & Gaff paying him any 
 money last Saturday. I think he wanted to know where I 
 had ever heard it. I believe I told him that I heard it inti- 
 mated. He wanted to know who told me, would I tell him? 
 I told him no ; that I could not afford to tell anybody ; that I 
 
 tad heard it. He said, u You think they are on to that, sure ?" 
 said, "Sure." He asked me, would I tell it? I told him I 
 as going to ask counsel before I answered that question. He 
 wanted to know if I should answer if I had to answer at all. 
 I told him I should tell the truth if I had to answer at all. As 
 say, I have taken counsel, and my counsel tell me I must 
 answer that question, so this talk really amounts to nothing 
 now. I am ready to answer the question. 
 
 Q. The question was whether you knew of $1,000 having 
 been paid to him on last Saturday by Perin & Gaff. 
 A. I have heard that there was. 
 Q. Who told you? 
 A. Satnuel H. Perin told me. 
 
64 
 
 Q. I will ask if Mr. Perin said he had furnished him any 
 other money ? 
 
 A. He is coming before the committee. He can tell you 
 that. 
 
 Q. No; he is in Cincinnati. 
 
 A. I don't think he furnished the money. 
 
 Q. State, if you know, who did furnish this money the 
 $7,000? 
 
 A. I have heard it rumored ; I do not know it as a fact ; it 
 was understood that Sparks, Lewman and Allen, the Steward, 
 furnished the money. 
 
 Q. Did you have any conversation with the Clerk, Deputy 
 Warden or Steward of the Prison in reference to the matter? 
 
 A. I have heard them say, I think all of these men except 
 the Clerk, that they had raised the money. 
 
 Q. What was the reason they had to raise that money, if 
 they stated ? 
 
 A. They were short ; they had to raise it to make the books 
 balance. 
 
 Q. State if you are acquainted with the Directors? 
 
 A. Yes, sir. 
 
 Q. State when you made your contract and the names of 
 the Directors with whom it was made? 
 
 A. I never made any contract. 
 
 Q. When was your contract entered into ? 
 
 A. In 1884. 
 
 Q. Who were the Directors then ? 
 
 A. Dr. Norvell, I think, was one. 
 
 Q. Who made that contract ? 
 
 A. Bryan & Brown Shoe Company. 
 
 Q. State how you came to own that contract? 
 
 A. The Jeffersonville Boot and Shoe Company bought it 
 from Bryan & Brown Shoe Company. 
 
 Q. State if you had any dealings with the Directors or the 
 Warden at the ]time you made the purchase ? 
 
 A. No, sir ; none whatever. 
 
 Q. State if you have any knowledge of any contractors 
 being charged . any sum for their contract any conditions 
 under which they accept it. 
 
 A. I believe it is customary to pay something for a contract. 
 I think it is understood that they are to pay something. 
 
65 . 
 
 Q. Who is the autlior of that custom ? 
 
 A. The parties transacting the business. 
 
 Q. With whom are these contracts made ? 
 
 A. With the Directors. 
 
 Q. Have you any knowledge of any individual transaction 
 of that kind ? If so, state when it was and what company it 
 was with? 
 
 A. It is hearsay. The Bryant <fc Brown Shoe Company 
 paid $4,500, I am told, to the Directors for the contract. 
 . Q. Any other? 
 
 A. I don't know of any one else. 
 
 Q. What is your source of information in reference to this ? 
 
 A. The secretary of the company told me. 
 
 Q. State what other contracts have been made there lately. 
 
 A. The Patten Company is the only company since I have 
 been here. The parties are Columbus people. 
 
 Q. Do you know anything about Directors going to Cin- 
 cinnati, after Perin & Gaflf went out whether you have any 
 knowledge of their advertising for bids ? 
 
 A. Only in an indirect way. I couldn't even tell you who 
 told me. 
 
 Q. I will ask you if task men in the Prison have been 
 granted the right or privilege to labor for themselves? 
 
 A. Yes, sir. 
 
 Q. By what companies ? 
 
 A. We have, for one ; Perin & Gafi' have, also. 
 
 Q. What arrangement have you with your men ? 
 
 A. If a man has done a task, we allow him at the rate of 60 
 cents a day. 
 
 Q. What becomes of that money ? 
 
 A. We put it into the office. We give a separate check for 
 that. 
 
 Q. State about the amount of the monthly earnings outside 
 
 your regular quota. 
 
 A. Well, it is something like this : We have regular men 
 
 at we pay any way that do not work on any task. Some men 
 get $5 a month, some $3, some $2, some $1.50. 
 
 Q. Have you any knowledge of the purchasing of supplies 
 by the Warden ? 
 
 A. Only in a general way; that they buy them piecemeal, 
 a little at a time, mostly here in town. 
 
 5 PRISON. 
 
66 
 
 Q. State if any of these supplies are used by the Warden 
 or his deputies ? 
 
 A. Well, we all see them carrying out stuff every day ; that 
 is, bread and potatoes. The Deputy Warden usually boards 
 the guards. Since the change was made in Deputy Warden; 
 the Warden has furnished the guards their meals. 
 
 Q. State if that is a frequent occurrence the taking out 
 of bread and provisions ? 
 
 A. Daily. 
 
 Q. How long has it continued ? 
 
 A. Since I have been here. A year and a half. 
 
 < c >. State if you know of the Warden paying the Directors 
 under any circumstances for an}' privileges or favors ? State 
 the source of your information ? 
 
 A. I could not give you the source of my information. 
 Everybody understands that the Warden has to buy his office. 
 It is understood that they were ottered $8,000 the last election 
 for another man besides Captain HoAvard. That is common 
 report. 
 
 < t >. State if yon know of Captain Howard having to con- 
 cede anything to retain his position. 
 
 A. I do not. 
 
 Q. State if you know or have ever heard that he did? 
 
 A. I have heard so ; common report has it that he had to 
 pay one of the Directors $4,000 or $4,500. 
 
 Q. Whose name was connected with that report? 
 
 A. Dr. Norvell. 
 
 <,). Where did you first hear that report? 
 
 A. I have heard it ever since I have been here. 
 
 Q. State if there was anything paid that you know of or 
 heard ? 
 
 A. The election hung fire a long time. The report was, all 
 was going on very lively, and that the Warden, or one of his 
 friends, telegraphed to Norvell that he would give him $4,000, 
 or such a matter, for his corn, and the bid was accepted. 
 
 Q. State if you have heard Mr. Jack Howard say anything 
 about it about having to pay or being solicited to pay ? 
 
 A. I don't think I have heard him say. 
 
 Q. Have you ever heard his book-keeper, or Deputy 
 Warden or Steward, Mr. Allen, say any thing about it ? 
 
 A. I may have heard Mr. Allen say something to that effect. 
 
67 
 
 Q. What is the number of visitors to the prison during ther 
 year ? 
 
 A. In the fall of the year we have a great many ; some days 
 as many as 200, during the exposition at Louisville, for instance. 
 
 Q. During the year what is the approximate number? 
 
 A. A good many come in that don't pay. There are a great 
 many. Couple of dollars a day would be a fair average. I 
 think I have counted in there 228. 
 
 Q. State if, in your opinion, $148 would be a sufficient gate 
 fee a year? 
 
 A. I should not suppose it would. 
 Mr. x Walden recalled. 
 
 Q. By Mr. Patten : Do you want to make a statement ta 
 the Committee ? 
 
 A. I want to say that I had at one time four men with sore 
 fingers. A great majority of our men have syphilis, and have 
 sore lingers for six or eight weeks at a time. They charge me 
 half price for these men whose work is not worth five cents a 
 day. That is the kind of conniving I have with the officers to 
 beat the State. 
 
 Q. You -say a great many of them are afflicted with 
 syphilis ? 
 
 A. Yes, sir. 
 
 Q. Do you know what remedy what sanitary treatment 
 they have ? 
 
 A. I could not tell you. They have the chance to see the 
 doctor twice a day if they like. 
 
 Q. Are these men suffering right along? 
 
 A. Well, if you will come into my shop you can see for 
 yourselves. I have one darkey whose face bunches. We have 
 others that are ready to fall to pieces, but they prefer to work. 
 WQ have these men, and prisoners rebel against working with 
 them, or drinking out of the same cups. I wish to say that 
 there is no collusion between the employes or the guards, or 
 officials and the contractors, to exact bonus or money for the 
 contractors. I have never been approached on the subject by 
 anyone. 
 
 Mr. Richard M. Dennis being duly sworn, testified as follows: 
 
 Q. By Mr. Alexander: Where do you reside? 
 
 A. In Louisville. 
 
 Q. What relation have you with the Southern Prison ? 
 
68 
 
 A. I am a contractor in the saddle-tree department. 
 
 Q. When did your contract commence? 
 
 A. First day of January, 1887. I was sub-contractor, how- 
 ever. I bought out John R. Gathright in July, 1885. 
 
 Q. During the month of January or February of this year, 
 did you pay to the Warden any money, and state the amounts? 
 
 A. I could tell you exactly the amount if you were at my 
 office. I paid him some money in January. I don't think I 
 have paid him any money this month. I paid him $332.96 in 
 January. I am not sure whether last of January or first of 
 February. 
 
 Q. What do you know about any person when obtaining a 
 contract at Prison having to pay a bonus? 
 
 A. I don't know a thing of that sort. To the best of my 
 knowledge and belief there has been nothing of the kind. 
 
 Q. Within the last week or two, have you been called upon 
 by the Warden to advance anything when it was not really 
 due? 
 
 A. No, sir; I have never been called upon to advance any 
 money. 
 
 Q. Is there any money due from you to the Warden ? 
 
 A. I owe him for the present month. 
 
 Q. When do you pay that? 
 
 A. Well, the custom has been to pay it on the 10th of the 
 month following, /. ?., for February we pay on the 10th of 
 March. 
 
 Q. How many men do you work ? 
 
 A. I have thirty. My contract reads thirty convicts with 
 the privilege of fifty. Huns for five years from, January 1, 
 1887. 
 
 Q. By Mr. Patten: Do you keep a book showing the over- 
 time of convicts? 
 
 A. Yes, sir. I can show you that book to-morrow. 
 
 Q. Do you know anything about the prison cash book with 
 the convicts? 
 
 A. No, sir. 
 
 Q. State how you make return for that over-time, whether 
 it is kept in your account with the Warden or whether it is 
 kept differently. 
 
 A. It is paid always separately ; I make payment once a 
 month for my different convicts who have done overwork, and 
 
69 
 
 'write a check for the amount payable to A. J. Howard as War- 
 den. These accounts are all made out distinctly and sepa- 
 rately, each one having his proper credit, provided it is entered 
 by the book-keeper. I draw one check for the full amount for 
 that month. 
 
 Q. What would be the probable amount of that at the end 
 of a month take an average month? 
 
 A. It won't amount to a great deal ; perhaps $20, perhaps 
 :f 35 or $40. 
 
 Q. Do you know whether that is ever credited to the ac- 
 cout of the convict? 
 
 A. I do not, sir ; I can not say ; but there is every reason 
 why it should be, of course ; I make it out as plain as A B C 
 can be ; I keep an account, and know what I have paid each 
 one of them. 
 
 Q. Supposing the good time ot any of your men was taken 
 from them, how would that affect your labor ? 
 
 A. I just have so many days' labor ; they furnish me so 
 many every day ; if. there are any sick they charge me up with 
 the men less the sick ones. 
 
 Q. If they take a man and punish him you don't pay for 
 ihim ? 
 
 A. No, sir ; I don't pay for any work or any time except 
 'what I get. 
 
 Q. How many men do the contractors work ? 
 
 A. Perin & Gaff had 300 or more, the Shoe Company has 
 185, I have 30. 
 
 (I. What will the labor average ? 
 
 A. About forty-five cents a day. The Shoe Company, I 
 think, pay sixty cents for some of their men. 
 
 Q. I want to ask you if there might be any reform as to 
 contractors in reference to handling your men ? 
 
 A. There are a great many things that ought to be done. 
 Very hard to tell, the way the prison is built. If it had been 
 more compactly built, and steam power furnished, then all 
 contracts would have been more desirable. Every contractor 
 now has to put in his plant. If it is only for a short time, he 
 don't care much about taking it. 
 
 Q. Have you any difficulty in getting along with the officers 
 of the prison? 
 
 A. I have had none. Have been treated very cleverly. 
 
70 
 
 The only trouble has been when I first came there. I was- 
 amazed at the manner in which the business was done put- 
 ting matters oft' from day to day. There has been a good deal 
 of that. This: "I will see you to-morrow or next day." 
 
 Q. What is the course of conduct of the guards toward the 
 contractors there generally? 
 
 A. Generally speaking, so far as I am able to find out, the 
 guards try to do their duty between the contractor and the 
 State. 
 
 Q. You don't task a man according to his ability or skill? 
 
 A. No ; I have fixed tasks all alike. You fix a task; some 
 men can do it; others will make fifty cents a day for them- 
 selves. I get about twenty per cent, less out of convicts than 
 I would in a free shop. 
 
 Frank P. Shields having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. llobson: What connection have you with the 
 Southern Prison ? 
 
 A. I am cell-house guard. 
 
 Q. How long have you been there as guard in the cell-house ? 
 
 A. I think since about the 1st of October, 1885. 
 
 Q. All this time where have you been taking your meals? 
 
 A. With the Deputy Warden up to 1st of October, 1886:. 
 since that time with the Warden. 
 
 Q. How many of the guards are taking their meals with 
 the Warden, or Deputy Warden '.' 
 
 A. I expect from 12 to 14. 
 
 Q. How much do you pay him for your board '.' 
 
 A. ]S"ow, $4 a week. We used to pay Captain Craig $20 a 
 month. 
 
 (,). How many guards have you when you have full set? 
 
 A. I think now there is about 30 or 31 guards. 
 
 *,>. Do you oversee these fellows in solitary confinement '.' 
 
 A. Yes, sir. 
 
 Q. About how long do you keep men there in solitary con- 
 finement '{ 
 
 A. I never had but few men in solitary confinement. 
 
 C,|. What offense do you put them there for ? 
 
 A. We have three men in solitary confinement now that we- 
 locked up because they were men that had fights, two of them. 
 We don't let them go to the dining-room for fear of disturbing 
 
71 
 
 the other men, and when the other men are eating they rob 
 the cells. 
 
 Q. How long do you keep them there ? 
 
 A. I have got only Brownford, who has been there a week 
 or ten days; the two others have been a little longer. 
 
 <,). Do you ever punish them that way for slight offenses? 
 
 A. No, sir. 
 
 Q. If a man should speak to another one and the guard 
 should see him, can they order him put in this place for that 
 offense '.' 
 
 A. x I don't know. I never had a case of that kind. If you 
 catch a man talking in line and you reprimand him, and he 
 persists, we give him what is called the letter A. The letter A 
 takes 20 per cent, of good time off for that month. 
 
 Q. If you were satisfied there are men there who have ill 
 will of guards and are tied up for slight offenses, would you 
 
 nsider that pretty severe punishment? 
 That would be owing to the man. 
 
 Q. How long is the longest one kept in that kind of posi- 
 tion, hung up in this way. [Indicating.] 
 
 A. About seven hours. When I have men in punishment 
 I lock them up, tie them up between 7 and 8 o'clock, let them 
 down at 11, tie them. up between 12 and 1, and let them down 
 a little before 4. 
 
 Q. Do you know of their being confined in this particular 
 cell in cold weather with the windows open ? 
 
 A. ^\o, sir. 
 
 < w >. Do they ever complain of being too cold up in that 
 
 * 
 
 ace? 
 
 A. No, sir; I never had any man complain to me about it. 
 < L >. Does he stay in there all night without covering and 
 without a bed ? 
 
 A. It has occurred a few times; yes, sir. 
 Q. About how often ? 
 A. AVell, not very often. 
 
 Q. Were they permitted even their coats and caps in that 
 place ? 
 
 A. No, sir; I never had coats and caps. I tell you what I 
 did do. We had some men I took up there once or twice, 
 and I changed clothes on them, gave them a suit of clothes 
 just like they had. I searched the man. He had concealed a 
 
72 
 
 knife and undertook to knife me, and I changed clothes on 
 him. 
 
 Q. How often do you see the Chaplain among you and your 
 men? 
 
 A. Well, sir, every day or two. Chaplain Cain was very at- 
 tentive, and this new Chaplain comes in every day or two and 
 talks to my men. He was not there while his wife was sick. 
 With that exception, I don't think he has missed over two 
 days before coming. 
 
 Q. If you were told he did not average going in there more 
 than once a month, would you think the party was mistaken? 
 
 A. Yes, sir; I would. This new Chaplain is so particular 
 about not infringing on a guard that he has called my atten- 
 tion particularly to it. 
 
 Q. By Mr. Pleak : How many men do you suppose he talks- 
 to? 
 
 A. I never paid any attention ; sometimes he will ask me to 
 see one man, sometimes three or four. 
 
 Q. Do you attend his services ever of a Sunday ? 
 
 A. No, sir ; I am busy. 
 
 Q. By Mr. Hobsou : This man up there in solitary confine- 
 ment as high as 31 days, does the Chaplain come to see him oc- 
 casionally? 
 
 A. I don't know ; he goes up in that range. I do not know 
 who he talks to. 
 
 Q. This man on whom you took special pity and saw he 
 got a doctor, when you found he had been there for eight 
 months ? 
 
 A. Well, I don't know how long he had been there. 
 
 Q. You saw he needed a doctor. You don't know whether 
 the Chaplain ever seen that man ? 
 
 A. ISTo, I don't. 
 
 Q. You know that these fellows in solitary confinement 
 sometimes have bread and water only? 
 
 A. In punishment, if I have a man up there for a day or 
 two, I give him bread and water. A man in solitary confine- 
 ment gets full rations just as if he went to the table. 
 
 Q. How often do vou furnish water ? 
 
 / 
 
 A. They have water furnished them twice a day. Man in 
 solitary confinement gets water three times a day. 
 Q. What about this man Davis ? 
 
73 
 
 A. I have had him sixteen months. He is one of those 
 cranks, takes crazy spells, and you can do nothing with him, 
 and if you lock him up for a day or two he will go out and be 
 a good fellow to work ; we never pretend to punish him. 
 
 Q. This man Kennedy has been in your charge how long 
 has he been in confinement in that cell ? 
 
 A. Well, I think he has been there a month or a little over. 
 
 Q. Is it not a fact he has been there since the 1st of Jan- 
 uary ? 
 
 A. It might possibly be since the 1st of January. 
 
 Q. Did you ever hear of persons staying up there until they 
 froze their feet or hands ? 
 
 A. No, sir. 
 
 Q. You don't think it could occur there? 
 
 A. Well, I don't know ; if a man stayed up there in real 
 cold weather, through carelessness of guards in making fires, 
 they might, but I never knew a case of that kind. 
 
 Q. By Mr. Sinclair : Do you consider Kennedy a bad man? 
 
 A. Since he has been in my charge I have not had a bit 
 of trouble with him. 
 
 Q. By Mr. Hobson : They all consider it punishment to be 
 confined in their cells, don't they ? 
 
 A. I have some men that want to go to the cells. 
 
 Q. Well, nine out of ten would consider it a punishment? 
 
 A. I don't know. 
 
 Q. You usually lock them up for some offense, either slight 
 or great ? 
 
 A. No, sir, we do not. For slight offenses we take oft' few 
 days' good time. 
 
 Q. You confine him, you feed him bread and water, you 
 take and deprive him of the right to correspond with his 
 friends, take away his tobacco and good time for one offense, 
 sometimes ? 
 
 I A. Yes, sometimes. 
 Q. By Mr. Patten : You have charge of the cell-house ? 
 A. I have. I have certain ranges I lock in. I have three 
 ranges now. 
 
 Q. Do you have morning call and make detail. 
 A. Yes, sir. 
 
 Q. Do you keep a morning report of those who are sent to 
 the hospital and those who go to the shop. 
 
74 
 
 A. No, sir. The way we do that, I make my rounds among 
 my men, and every man that wants to go to the hospital falls- 
 in line, and we march him up to the hospital, and the doctor 
 examines them ; that is after breakfast. 
 
 Q. I want to know if there is any account kept of the men. 
 Who reports them to the hospital ? Do you make any morn- 
 ing report to the Clerk? 
 
 A. We make daily report. 
 
 Q. How do you know how many you have for labor'.' 
 
 A. The physician excuses men who are not tit to labor. 
 
 Q. How do you make your detail for labor? 
 
 A. I have nothing but State men who are not on contract,. 
 and old men not able to go on. The other men go from the 
 breakfast table to the shop. I don't have over five or six to go- 
 to the hospital. 
 
 Q. How does the Warden or Clerk know how many men 
 are at work ? 
 
 A. We have a little slip, and the guard makes report every 
 evening; of how many men he has at work, how many men he 
 has on the roll, how many excused, how many men are first y 
 second or third class. That is handed in to the Clerk in the 
 evening. 
 
 Q. Supposing ten more men than his complement went to- 
 work and the guard overlooked them, and the foreman of the 
 shop would pay no attention and let them work, how would 
 that knowledge ever be presented to the Clerk? 
 
 A. Well, it would be a very poor guard would do that. 
 
 Q. Suppose he would collude with the contractor to do 
 that. Could it be detected ? 
 
 A. I don't know anything about book-keeping. 
 
 Q. Where is there any check? How are the Clerk and 
 Warden protected ? 
 
 A. They can tell in the evening, when we all make a report, 
 
 Q. Suppose the guard dishonest and the contractor dis- 
 honest, and they would take more men. Is it not possible for 
 them to work an additional number of men without the Clerk 
 ever knowing anything about it? 
 
 A. The only way that I should answer that is that the 
 Deputy Warden makes his rounds through the shops. He 
 counts the men and sees if they are there. If the guard misses 
 a man the guard must report it during the day. 
 
75 
 
 Q. You don't make a report ? 
 
 A. No, sir. 
 
 Q. By Mr. Hobson : If there were thirty men due a cer- 
 tain contractor, they could turn him on thirty-five men. 
 
 A. Possibly they could if they seen fit. 
 
 Q. Have you ever been detailed in the shops? 
 
 A. No, sir. 
 
 Q. Why is it that man is locked up there all the time in- 
 stead of being in the hospital, where he could be doctored? 
 
 A. Yon will have to call the Doctor for that. That fellow, 
 I put him up there. He has the pock and he is very offensive. 
 The Doctor goes and sees him. He has never asked to go to 
 the Hospital. 
 
 Q. How long has he been in that condition. 
 
 A. He coine there with it. My recollection is that he come 
 
 f December, 1885. His name is Delaney Lowrey. 
 Q. How long has he been in that cell without being relieved? 
 A. I take him out every few days, awhile. 
 Q. What is his condition ? 
 A. I have never seen him undressed. 
 Q. Who attends to that when he goes out to bathe ? 
 A. I take him to the cell house and give him cold and hot 
 water, but I don't stay there and watch him. 
 
 ({. Is it not your duty to see that the man cleans himself? 
 
 I A. Yes, sir. 
 Q. Are there any running sores ? 
 A. There is many running sores on him. 
 
 (). By Mr. Hobson : How did he come there in that cell? 
 
 A. I reported him. He asked me if I would not let him 
 work out in the yard, and I took him out, and he got to run- 
 ning around and wouldn't stay with the wagon, and would go 
 in the shops and talk to the men, and I reported him because 
 he would not mind me. 
 
 Patrick McMahon, having been duly sworn, testified as fol- 
 lows: 
 
 Q. By Mr. Patten : State whether you were connected with 
 this Institution ? 
 
 A. Yes, about four years ago, I was night watchman for the 
 contractors, and a little while for the State. I am night watch- 
 man for the contractors now. 
 
 Q. How long have you lived in Jeffersonville ? 
 
76 
 
 A. Since 1869. 
 
 Q. Are you acquainted with a butcher over in Louisville, by 
 the name of Duff? 
 
 A. No, sir. 
 
 Q. Do you know of their bringing beef from across the 
 river ? 
 
 A. I understood that Mr. Duft was supplying them at the 
 time. I seen the beef wagons come over. 
 
 Q. By-Mr. Alexander: Did you notice the character of the 
 beef? 
 
 A. It appeared to be in quarters. 
 
 William T. Royce, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Patten : Are you connected with this prison ? 
 
 A. I am in the guard hall. 
 
 Q. How long have you lived in Jeffersonville ? 
 
 A. I have lived here since coming from California, fourteen 
 years. 
 
 Q. Are you married ? 
 
 A. I have a family. I live right back of the prison. 
 
 Q. Where do you board ? 
 
 A. I board at home. 
 
 Q. What is your duty as guard? 
 
 A. Attending to these gates, letting in employes and visitors. 
 
 Q. How long have you been a guard ? 
 
 A. About fourteen years. 
 
 Q. State if you know anything about beef or other pro- 
 visions being furnished by the prison wagon to any person out- 
 side of the Prison proper ? 
 
 A. No, sir ; I do not. 
 
 Q. State if it is not a fact that provisions are taken out of 
 this institution to the residence of the Warden, the Deputy 
 Warden and Mr. Allen, the Steward. 
 
 A. Well, sir, I don't know whether it goes from the Prison 
 or not. I see bread go out of here. They get their baking 
 done here. Sometimes they bring hams out of the Prison into 
 the Warden's house ; nothing else that I know of. 
 
 Q. State if you know where the beef supplies come from ? 
 
 A. I don't know. They come in wagons to the Prison. 
 
 Q. Is it not a fact that the wagon stops in front of these 
 residences ? 
 
77 
 
 A. I don't know ; I am in the guard-room. 
 
 Q. Is there not a garden cultivated here for this Prison ? 
 
 A. Yes, sir ; the State cultivates it by convict labor. 
 
 Q. Are not the vegetables taken from that garden and taken 
 to these residences ? 
 
 A. Yes, sir; they take vegetables from that garden, I be- 
 lieve. 
 
 Q. How long has that continued? 
 
 A. Since I have been in the Prison. 
 
 Q. What do'you do when visitors come here ? 
 
 A. I send for a guard to take the parties through the 
 Ppison. 
 
 Q. Is there any charge made ? 
 
 A. I send them to the Clerk to get tickets. The charge is 
 twenty-five cents a ticket. The tickets are taken up by me 
 and put in a box. 
 
 Q. State, on your best judgment, how many people visit this 
 institution during the year? 
 
 A. I never kept any record oi it. I just put the tickets in 
 the box and never think much more about it. Captain How- 
 ard passes a good many people free. The Clerk receives the 
 money and takes the tickets out of the box. 
 
 Q. By Mr. Alexander : State if there has not been at least 
 500 to 1,000 visitors in one day during the Louisville Exposi- 
 tion ? 
 
 A. No, sir. 
 
 Q. How much is the largest number that ever visited in one 
 day? 
 
 A. I don't think it ever ran up very high. A great number 
 pass free, but there are very tew tickets. 
 
 Q. What do you mean by a great number? Many? 
 
 A. I could not come to make any estimate. 
 
 Q. Was there a large number during the year ? 
 
 A. I suppose it would amount to a considerable number 
 during the year. I don't hardly think it would run up to a 
 thousand during the whole year. 
 
 Q. Give us an estimate. 
 
 A. I have seen him pass through, without charge, as high 
 as 250 a day. These excursionists come down the river. 
 
 J. S. McKay, having been duly sworn, testified as follows: 
 By Mr. Patten : 
 
78 
 
 Q. You are a guard here ? 
 
 A. Yes, sir. 
 
 Q. How long have you been here ? 
 
 A. Since the first of January, 1876. 
 
 Q. What part of the duty do you perform? 
 
 A. When I first came here I was five months in the shops; 
 afterward on night duty four years and two months in the old 
 cell-house. 
 
 Q. Stale whether it was your duty to report the number of 
 men at work. 
 
 A. Yes, we always kept a time book. I reported that to 
 the office, of so many men at work, and they kept it on the 
 books also. 
 
 Q. What is the manner of treatment of the prisoners ? 
 Has that been uniformly fair': 
 
 A. There is always a system of reporting men for violations 
 of the rules. In my department, I have tried to manage the 
 men just the same as the Warden would do make them do 
 right. If a man committed a little offense I would go to him 
 and talk to him, tell him he must do better than that. 
 
 Q. Is the tendency of the officers and the guards to im- 
 prove the condition of the prisoners? 
 
 A. I think, in most instances. 
 
 Q. Has there been any cruelty or inhuman treatment of the 
 prisoners to your knowledge ? 
 
 A. Not that I know of. 
 
 Q. Who keeps the cells clean? 
 
 A. That comes under the various men. The man that has 
 charge of the cell-house now is Mr. Shields. 
 
 Q. Is there any bad treatment by guards of convicts for 
 small offenses ; that is, is the punishment too severe for the 
 offenses committed '.' 
 
 A. These things do not come under my observation. 
 
 Q. State why it is they do not provide better bedding for 
 the prisoners ; why they don't keep clean straw. How often do 
 they change that ? 
 
 A. I know but little about that now, but when I was in 
 there on night duty that devolved on me and my partner, and 
 we always changed bedding. 
 
 Q. Is there any reason why this bedding is so filthy and 
 dirty, and is it unusually so ? 
 
79 
 
 A. The bedding is generally kept in pretty good order. 
 They have been changing lately. This new contract coming 
 in and the old one going out, they have been moving the 
 laundry away into another department. They have not had 
 the same opportunity to be washing up things in here. 
 
 Q. How do they get the straw ? 
 
 A. They generally get loose straw from the country. 
 
 Q. Are any provisions taken out of the prison and carried 
 up to the Warden, Deputy Warden or Steward's residences. 
 
 A. There may be some bread taken ; it is baked in here. 
 
 Q. Is not that a daily occurrence the taking out of bread 
 and potatoes ? 
 
 A. Not potatoes, but with bread it may be. 
 ^Q. Where do you board ? 
 
 A. I board with the Warden. 
 
 Q. Is it not a fact that all of the provisions taken to the- 
 Deputy Warden and Warden's houses are taken out of the 
 prison. 
 
 A. That I can not say, anything further than the bread. 
 
 <J. Don't you know such a thing does occur is it not a cur- 
 rent rumor ? 
 
 A. There has been such rumors as that, and I sometimes- 
 saw supplies taken out ; .but I didn't examine them, didn't 
 trouble myself about that. 
 
 Q. How many guards generally board at the Warden's or 
 Deputy Warden's? 
 
 A. Sometimes ten or twelve, sometimes fifteen or eighteen ; 
 the married men generally board themselves at home. 
 
 Q. Where do they get their provisions ? 
 
 A. They don't get them out of here. 
 
 Q. Do they keep a garden here raised by convicts? 
 
 A. Yes, sir. 
 
 Q. Are not the vegetables taken to the Warden or Deputy 
 Warden, whoever boards these guards. 
 
 A. I expect they get all they want. 
 
 Q. By Mr. Alexander : State if you have received your pay, 
 and how far behind is the pay. 
 
 A. I received my pay up to the 1st of November; none 
 since; our pay is due from the 1st of November; they are paid 
 inhere; I don't know how; just as the contractors pay in ; 
 sometimes at one time, sometimes another. When I wanted 
 
80 
 
 money very badly I would go to the Warden, and lie would 
 always give it to me. 
 
 Q. What do you know about their being behind with the 
 other guards ? 
 
 A. I suppose they are with some of them ; I don't know. 
 
 Q. By Mr. Pleak : What do you pay a week for board? 
 
 A. Four dollars. 
 
 Q. And your salary is 
 
 A. Fifty-five dollars a month. Our board was $4 a week 
 since the 1st of October ; previous to that time it was $20 a 
 month. 
 
 Q. By Mr. Alexander: How many guards sleep in the 
 prison ? 
 
 A. Twelve or thirteen. We have these rooms over here. 
 I sleep here. 
 
 Mr. James Kennedy, having been duly sworn, testified as 
 follows : 
 
 Q. By Mr. Patten : How long have you been guard ? 
 
 A. Close on to twelve years. 
 
 Q. In what department ? 
 
 A. For the first five years in trip-hammer shop, then trans- 
 ferred to shoe shop, where I am now. 
 
 Q. Where do you board ? 
 
 A. I board at home, right down here. 
 
 Q. Do you know at what time the provisions are brought 
 to this institution. 
 
 A. No, sir. 
 
 Q. Did you see the beef wagons come from Louisville? 
 
 A. I think I saw some mornings when we were coming 
 to the shop a beef wagon come in. 
 
 Q. Who lives opposite the prison ? 
 
 A. Some German, I don't know his name. Mr. Knapp, a 
 guard, lives down there. 
 
 Q. By Mr. Cruson : How many of the guards are married 
 men ? 
 
 A. The biggest portion of them are, I guess. 
 
 Mr. Isaac Cooper, having been duly sworn, testified as fol- 
 lows : 
 By Mr. Patten 
 
 Q. You are connected with the prison ? 
 
81 
 
 A. I am employed here as night guard ; have been for 11 
 years. 
 
 Q. Where do you live ? 
 
 A. In Jeffersouville. 
 
 Q. In what direction from the prison ? 
 
 A. East. 
 
 Q. Do you know of any bread being taken out of this in- 
 stitution to the Warden ? 
 
 A. Yes, sir. 
 
 Q. Is it a daily occurrence ? 
 
 A. Well, I guess it is, but I am asleep in the day time. I 
 have seen it taken out though. 
 
 Q. Is it not a fact that provisions are taken out daily to 
 these officers the Warden, Deputy Warden and Steward ? 
 
 .. I tell you, sir, I have seen it. 
 
 Q. What time do you come here ? 
 
 A. I sleep up stairs ; I come down stairs sometimes at 12 or 
 2 o'clock. 
 
 Q. State, if you know, where the beef is obtained on the 
 other side of the river ? 
 
 A. I do not know to my knowledge. 
 
 Q. How does it come here ? 
 
 A. It comes in a wagon, I suppose ; I have not seen a pound 
 of beef come into this prison for a year. My understanding 
 was this, that the bread was accounted for in this way. A 
 barrel of flour makes so many loaves of bread, and the bread 
 is accounted for by keeping account of the loaves that is car- 
 ried out. 
 
 Q. Then you think there is no beef, flour, bread, vegetables, 
 anything of that kind, taken to these places without being ac- 
 counted for ? 
 
 A. Oh, as for vegetables, they may be taken from the gar- 
 den in summer. I don't know of anything in the shape of 
 flour going out of here. 
 
 Q. What about hams, meat? 
 
 A. I never saw anything of that kind. 
 
 Q. You come by the Warden's house when you come on 
 duty ; did you ever see any provisions shipped in there ? 
 
 A. I seen provisions come there from up town in grocery 
 wagons. 
 
 Q. When the Deputy Warden boarded the guards, is it not 
 6 PRISON. 
 
82 
 
 a notorious fact that provisions went into that Deputy War- 
 den's house out of this Prison ? Is not that the common 
 understanding of the guards? 
 
 A. iSTo, sir. 
 
 Q, Did not the guards talk about it, that there was so much 
 charged for their hoard when it was all taken from the State of 
 Indiana ? 
 
 A. No, sir. They did talk about the excessive board they 
 paid. 
 
 Q. Is it not a fact that the best beef was taken and used for 
 the benefit of the officers of this Institution? 
 
 A. I don't know that to be a fact, sir. 
 
 Q. Where do you board ? 
 
 A. I board at the Warden's. I eat supper and breakfast 
 there. 
 
 Q. You say you never saw provisions hauled there by wa- 
 gons used in this Pri?on ? 
 
 A. I saw them with goods that they brought from up town. 
 Mr. Allen, the Steward, brought them down when he brought 
 the mail. Mrs. Howard would ask him to bring some things. 
 
 Q. Is it not a fact that he has lived the same as the others 
 got his supplies out of this Institution ? 
 
 A. I don't know anything about that, sir. 
 
 Q. Why would she say that to Mr. Allen ? 
 
 A. Because that was the only conveyance she had. She 
 would know Mr. Allen was going up town for the mail and 
 send one of the children down, and ask him to stop at some- 
 body's store and get her so and so. 
 
 Q. Has the Warden got his own help there to do his er- 
 rands? 'Don't he have the convicts do all the work there ? 
 
 A. The convicts never go anywhere except from here to 
 his house. He has two girls there. 
 
 Q. What are you afraid of? Are you afraid of losing your 
 position ? 
 
 A. I am not a d bit afraid of losing my position ; I don't 
 care if I go out of here to-night. 
 
 Mr. Fred Knap having been duly sworn, testified as follows : 
 Examination by Mr. Patten : 
 
 Q. You are a guard here ? 
 
 A. Yes, sir. 
 
 Q. Where do you live ? 
 
83 
 
 A. I Jive down on this street, opposite Prison. 
 
 Q. Do you know where they get the Prison beef? 
 
 A. No, sir ; I do not. All I know is, I see the wagon once 
 in a while. It conies down this street. 
 
 Q. Is it not a fact that they get it from across the river from 
 a man by the name of Bloom? 
 
 A. I believe so. 
 
 <(>. Where does Mr. Allen live? 
 
 A. lie lives up in the city ; this is outside of -the city. 
 
 <,). When do you pass backward and forward to the Prison? 
 
 A. I go on in the morning at 6 o'clock, go to dinner about 
 half past twelve, and home in the evening after the bell rings. 
 
 (,). How much provision is daily taken out here which goes 
 to the Warden or Deputy Warden ? 
 
 A. Well, sir, all I know about this : I was here at the gate 
 ten or eleven weeks last fall, and they carried bread out every 
 day. I believe they are still doing it, and once in a while a 
 basket full of potatoes while I was there. 
 
 Q. Is it not a' fact that these wagons delivered beef, hams 
 and one thing or another to these residences? 
 
 A. Not to my knowledge; I never saw it, 
 
 Q. What do the guards say about it? 
 
 A. I never heard them say it come off the State. I have 
 heard some talk about their paying too much board. 
 
 Q. Do you know anything about the beef brought to Prison 
 with the choice parts taken out? 
 
 A. No, sir. 
 
 (I. Did you see the beef come? 
 
 A. I am a very poor judge of meat; I merely seen it and 
 told them to pass tlxe wagon. 
 
 < c >. Ever seen any bones in it? 
 
 A. Oh, yes; certainly. As a general thing, it has been 
 pretty fair meat. All I see of the meat is in the dining room. 
 
 Q. How did it appear in the wagon? 
 
 A. It was cut up in pieces, 30 to 50 pounds. It didn't 
 come in whole beef. 
 
 < c >. Do the convicts get any vegetables from the garden? 
 
 A. During the summer, tomatoes, parsnips, cabbage, such 
 as that. 
 
 Q. By Mr. Alexander : Is the institution owing you for pay ? 
 
 A. Well, I don't know. It is the custom to keep back two 
 
84 
 
 
 
 months. We were paid for October the last pay day. That 
 was some time last month. 
 
 Charles Arbegust, having been duly sworn, testified as fol- 
 lows: 
 
 Q. By Mr. Patten: Are you connected with the prison? 
 
 A. I am, and have been for the last three years. 
 
 Q. What is your occupation ? 
 
 A. That of a gardener. I attend to the garden here. 
 
 Q. How is that garden raised ? 
 
 A. By convict labor, except myself. 
 
 Q. You are employed by the State ? 
 
 A. Yes, sir; I get $55 a month. 
 
 Q. State if you raise many vegetables, and what kind ? 
 
 A. I raise right smart of vegetables; principally green 
 onions, tomatoes, cabbage, lettuce those kind of vegetables- 
 mostly used in the Prison. 
 
 Q. Do you raise any potatoes ? 
 
 A. No. 
 
 Q. Do you raise celery ? 
 
 A. I raise celery. 
 
 Q. About what amount of vegetables do you raise ? 
 
 A. We raise about all off about ten acres of land. Some 
 of it is very poor land, but while the tomatoes are growing we 
 raise sufficient quantity of them for the Prison. And of cab- 
 bage, I have raised three and one-half to four acres of it. 
 
 Q. Is it not a fact that the Warden, Deputy Warden and 
 the officials here at the Prison all receive out of your garden 
 all the vegetables that they demand or want. 
 
 A. Well, not all; not the officials. The Warden and 
 Deputy Warden do, but there is none others. 
 
 Q. But the Warden and Deputy Warden receive all their 
 vegetables from your garden V 
 
 A. Oh yes, such as we grow. 
 
 Q. How far do you live from in front of the Prison? 
 
 A. I live at Captain Howard's that little brick there.. 
 Because of my living there, I have, in addition to the State 
 garden, charge of that green-house. 
 
 Q. What becomes of the flowers from the green-house ? 
 
 A. We decorate the yards. We don't sell any of them. 
 
 Q. Do you have an opportunity to know what provisions 
 are delivered at the Warden's or Deputy Warden's ? 
 
85 
 
 A. No, sir. 
 
 Q. Don't you see the provisions brought in there ? 
 
 A. I only see what I take in there. 
 
 Arthur Brooks, called upon telegraphic request of Hon. O. 
 L. Jewett, having been duly sworn, testified as follows : 
 
 Q. By Mr. Alexander: What county did you come from? 
 
 A. "Wayne County. 
 
 Q. When ? 
 
 A. I came here in 1882 ; December 30. 
 
 Q. What was the charge against you ? 
 
 A. I shot my family physician for the seduction of my 
 wife. 
 
 Q. Give us the circumstances. 
 
 A. Well, the sum and substance of it is, I was a stock ship- 
 per, away from home a great deal of the time. My brother-in- 
 la'w lived across the street. He told me about certain things 
 that he had saw which created my suspicion, and one evening 
 I thought I would watch. I had told her that I was going to 
 leave and would not be back until the next day. She attracted 
 my suspicion by her maneuvers, and I got a letter from her 
 which revealed the whole affair. After that I asked her a ques- 
 tion and she could not answer, and then she admitted her 
 guilt. I went immediately, got my revolver and shot him. 
 
 Q. Killed him ? 
 
 A. Yes, sir. 
 
 Q. What is the term of your sentence ? 
 
 A. Twenty-one years. 
 
 Q. Is anybody interesting himself in your behalf for the 
 purpose of securing your pardon ? 
 
 A. Mr. Jewett is at the present time. I do not know what 
 he has done. 
 
 Q. A petition is out, I suppose ? 
 
 A. I presume there is one. 
 
 Q. What is your wife doing since ? 
 
 A. She has been living with her own sister until recently. 
 She is now with her niece at Logansport. 
 
 Q. Do you correspond with her ? 
 
 A. She has written to me. I have not received any com- 
 munication from her for two months. 
 
 Q. You may state if you have any arrangement about con- 
 tract price between yourself and Mr. Jewett, if you will? 
 
86 
 
 A. I told him I would give him $500. I paid him $100 
 retaining fee, and was to pay $400 when he was successful. I 
 employed Mr. Cain at that time. Mr. Cain did the business 
 through him. 
 
 Q. "What, if anything, did you pay Mr. Cain ? 
 
 A. I paid him $50. 
 
 < I Who is he ? 
 
 A. He was the Chaplain. There was a little irregularity.. 
 The Chaplain said he had particular influence. He came tome 
 and said he would do a certain amount of work if I would give 
 him $50. 
 
 (,). If you would give him $50? 
 
 A. Well, he didn't say what he did want in the first place, 
 but he said he was acquinted with quite a number of Repre- 
 sentatives and Senators. He always expressed himself as will- 
 ing to do anything he could in my behalf. I told him one day 
 if he would go ahead and help get a petition and assist me 
 through Mr. Jewett, I would give him $50, and $100 if -success- 
 ful. He said he would do it, and told me the amount of work 
 he would do. I sent for my friend. He came down here and 
 made the payment. I did not hear from Mr. Cain for a good 
 while. Finally, he told me that the nomination was on hand, 
 that they could not do much of anything, but would proceed 
 at once when that was over. 
 
 < v ). When did you pay him this fee of $50? 
 
 A. I think it was in July ; my memory is not distinct. 
 
 < L >. Does he correspond with you about it. 
 
 A. No. He came down here just after the election ; seemed 
 as if he felt like owing me an apology for not going ahead with 
 the work. He says: "I have just been down to 'New Albany 
 and saw Mr. Jewett. Mr. Jewett has his arrangements all 
 made and has got everything he wants. We are now waiting 
 for your friend at Richmond. Just as soon as I can write to 
 your friend up there and get a return, I will let you know when 
 we will be at Indianapolis." That was about the 1st of Novem- 
 ber. 1 wrote for Mr. Jewett to come, and Mr. Jewett came and 
 he said he did not see him at all that day. He said the only 
 time he saw him was in a crowd one day and simply shook 
 hands with him. I wish to substantiate what I say by Captain 
 Howard. I refer to ' any writing since the money came, the 
 $150. I wrote to Mr. Cain. Captain Howard did not. under- 
 
87 
 
 stand the letter, being as no money came through the office, 
 He called me to the office and wanted an explanation. I told 
 him the money was delivered to Mr. Cain and explained it ta 
 him, and he said, I will use his exact language : " If you lose 
 your money, don't you ever say a-d word to me about it."" 
 
 Q. What do you know of Mr. Cain getting prisoners to ad- 
 vance money to secure pardons? 
 
 A. I understand I am one out of fifty that he has con- 
 tracted with. Probably fifty or seventy-five. I understand 
 there are at least that much. 
 
 Q. Do you know ot any of them paying him money? 
 
 A. Yes, sir. I know this man, Nelson, in saddle-tree shop. 
 He paid him $50. 
 
 Q. What was the average amount they generally paid him ? 
 
 A. He would take anything. All the way from $5 up. 
 ' Q. What do you know about his success in getting pardons? 
 
 A. I never knew him to turn his hand over. 
 
 Q. What about his communicating with them about their 
 prospects in getting the pardon? 
 
 A. I took some pains in finding out. They said they had 
 never known of him as doing anything. 
 
 .Q. Did Mr. Cain pay the $100 to Mr. Jewett ? 
 
 A. Yes. 
 
 Isaac W. Sanders, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Patten : Captain, you can state how long you 
 have been in prison, and state how long your term of service is. 
 
 A. I was sentenced the 17th of April, 1878, for life. My 
 age is 48 years. 
 
 Q. State whether you were a soldier, and what rank you 
 held in the army. 
 
 A. 1 was 2d Lieutenant Company F, 10th Ind., nearly four 
 months, and was wounded. Also, Captain Company G, 78th 
 Ind.; Company D, 115th Ind. ; Company D, 133d Ind. 
 
 Q. Are you drawing a pension? 
 
 A. I am. 
 
 Q. AVhat is the number of your certificate? 
 
 A. 198,606. 
 
 Q. What amount? 
 
 A. $17.50 per month, to commence on lire 26th day of Feb- 
 ruary, 1864, and $20 per month from April 3, 1884. 
 
Q. State how much mosey you have drawn since you have 
 been in this prison. 
 
 A. $5,007.25. 
 
 Q. What have you done with the money ? Can you account 
 for it now? 
 
 A. I can not itemize the first part of it. I sent away all up 
 to 18th of last August, except $42. 
 
 Q. How did you receive this money from the Government ? 
 
 A. Through the Warden. He paid it over to me as I need- 
 ed it. 
 
 Q. How much does he owe you now ? 
 
 A. The way I figure it, $2,300.50. 
 
 Q. Did you keep an account all the time with the Warden? 
 
 A. I have. 
 
 Q. Will you foot up there and see how much you have re- 
 ceived from the Warden by your book ? 
 
 A. All but $2,300.50 of this amount. I paid Mr. Bagot, 
 guard, $67.50. 
 
 Q. Did you give orders on the Warden to Mr. Bagot when 
 you wanted to pay Mr. Bagot the $67. 
 
 A. Mr. Bagot received my pension checks ; I indorsed them 
 and he drew the money. He had charge of the mail. 
 
 Q. Did the Warden permit him to open your letters? 
 
 A. He was appointed to open all letters. That was his bus- 
 iness, to read all mail going in and going out. I left the money 
 in his hands, as I tell you, it would be convenient. He also 
 kept the sutler's store. 
 
 Q. Are there any other soldiers drawing pensions in the 
 prison ? 
 
 A. Yes, as high as ten. 
 
 Q. State if he retained any money from others. 
 
 A. Not to my knowledge. 
 
 Q. You made him your bank ? 
 
 A. Yes, sir ; we are not allowed to handle one cent of 
 money. 
 
 Q. Did he account for all the money he had received from 
 you ? 
 
 A. No, sir. 
 
 Q. He received $67.50 of your money ; how much did he 
 account for ? 
 
 A. He accounted for all except $42.50. 
 
89 
 
 Q. What became of Mr. Bagot, where is he ? 
 
 A. He is not here. 
 
 Q. State if the Warden knew anything about Mr. Bagot's 
 transactions with you, taking your checks. 
 
 A. I don't know whether he did or not. Captain Huette 
 seen me often about the matter. Captain Huette said it did 
 not make any difference to them about Mr. Bagot handling the 
 money. I told him I had done it for convenience, and I had 
 confidence in Mr. Bagot. He said : " In case of your death, 
 suppose your friends know you draw a pension, they would 
 call here and want an account of all this money. They have 
 no account of it in the office here, and it should come through 
 the office after this." I took his advice. 
 
 Q. Who is Captain Huette ? 
 
 A. He is the Clerk. 
 
 x Q. State if you paid out any other sums to any person con- 
 nected with the prison; if so, state to whom and how much. 
 
 A. Well, I loaned a guard, Mr. Shields, here now, $25 by 
 consent of the Warden. He was to see I was paid through the 
 office. That was in December last. 
 
 Q. What is his name? 
 
 A. Frank P. Shields. 
 
 Q. Is it paid ? 
 
 A. It is not paid. 
 
 Q. State to whom you paid any other money. 
 
 A. I paid some money to Captain Huette for some little sup- 
 plies underclothing, handkerchief, socks and such things. 
 Small amount. 
 
 Q. To any other person ? 
 
 A. No ; that is all I can think of. 
 
 Q. I see an item, "To Chaplain Cain, $10 ;" what is that ? 
 
 A. Chaplain Cain did some writing of letters for me, in 
 getting up some papers in regard to petition for pardon before 
 the Governor. 
 
 Q. "To Indianapolis Sentinel, $3.65, three months;" does 
 this paper cost that much ? 
 
 A. I gave Martin, the Librarian, an order for that much. I 
 think he makes a profit for his trouble. He told me 22| cents 
 on each copy for a month. That included the Sunday paper. 
 I paid former chaplain, Mr. Beherrall, on the 1st of November, 
 $25, and on December 11, 1886, $10. He made three trips to 
 
90 
 
 Indianapolis in the interest of my pardon, and looking after 
 other business of mine. I insisted to put the money upon him. 
 He is a friend of mine. These amounts were all paid with the 
 Warden's consent on my order. 
 
 Q. State if the convicts are called upon to contribute money 
 for the purpose of getting up petitions by which they are to 
 secure pardons, or to employ any person ? 
 
 A. Not that I know of. This dollar you see was given to 
 Billy Taylor to assist him in getting a petition. 
 
 Q. State if there are persons here engaged in that kind of 
 work ? 
 
 A. Not that I know of. 
 
 Q. How are these subscriptions started ? 
 
 A. By the man himself. 
 
 Q. By Mr. Alexander: I will ask you whether the Chap- 
 lains interested themselves in securing pardons? 
 
 A. Not that I know of. 
 
 Q. How about Mr. Cain taking an interest in your affairs? 
 
 A. I wanted him to do some writing for me in regard to the 
 matter when I was sick. 
 
 Q. State if it is not the duty of the Chaplain, if they do not 
 make it their duty, to write for prisoners when they are sick 
 their letters, etc. ? 
 
 A. Well., I don't know about that. 
 
 <>>. By Mr. Patton : In reference to this money, when the 
 Warden had it in his hands and you requested him to deposit 
 it in the bank, do you know whether it was deposited in your 
 .name or his name? 
 
 A. It was deposited in my name. 
 
 <,). Have you certificate of deposit? 
 
 A. Certainly. 
 
 <,). What did you do with that? 
 
 A. My certificate was placed in the safe -in the office. I 
 ^signed my name to it and gave it to Captain Howard last week. 
 
 Q. Why did you do that ? 
 
 A. We had a talk about it. 
 
 Q. Did you do that for the purpose of his drawing the 
 money ? 
 
 A. Yes. 
 
 Q. You say that you indorsed this certificate for the pur- 
 pose of his drawing the money out of the bank? 
 
91 
 
 A. Yes, sir. 
 
 Q. For what purpose ? 
 
 A. I do not know. 
 
 Q. Did he tell you for what he wanted the money ? 
 
 A. No, sir. 
 
 Q. You permitted him to do that ? 
 
 A. Yes, sir. 
 
 Q. By Mr. Alexander: Do you know what time it was last 
 week that you indorsed this certificate ? 
 
 A. Friday, February 11. 
 
 Q. By Mr. Patten : You have not received that money ? 
 
 A. No, sir. 
 
 Q. How much was that certificate ? 
 
 A. Twenty-two hundred dollars, even. 
 
 Q. Was that certificate correct? Should.it not have been 
 J$2,300? 
 
 A. No, there was some money in the office already. There 
 is really due me $2,300.50, including $25 Mr. Shields owes me. 
 
 Q. What did he say to you at the time he wanted to get it? 
 
 A. He said he wanted it for a few days. He asked for it the 
 day before. We was talking about other matters, and lie said, 
 I want it for a few days. 
 
 Q. He did not say anything about the Committee coming? 
 
 A. No. I said something about this being the last money 
 I had. He said it was as good as a bank for a few days, but I 
 did't sign it until the next day. Next day, I signed it and gave 
 it to him without saying a word. 
 
 (,). Was you afraid not to sign it ? 
 
 A. Well, of course, I can't tell. I am in very poor health. 
 I say to you I have not been very badly treated, but I don't 
 know if I want to incur his ill will. 
 
 (. 1 will ask you if under any other circumstances than 
 that which you are in would you have indorsed the certificate? 
 
 A. I would not. 
 
 Q. State the general management here whether prisoners- 
 are generally mistreated. 
 
 A. Persons are not so badly treated now as half a year ago. 
 They have not done any catting for three years ; the mode of 
 punishment is solitary confinement and taking good time, 
 hand-cuffing up to the door; but there is not very much of the 
 last. 
 
92 
 
 Q. On what class is it inflicted ? 
 
 A. The insubordinates. 
 
 Q. What about your food. 
 
 A. Our fare is just what you see. 
 
 Q. State the condition of your bedding, particularly for 
 keeping clean. 
 
 A. Well, the tick of course you see all that ; with the 
 changes and tearing down of walls it is almost impossible for 
 to keep those cell-houses clean. So far as the bed is concerned, 
 whenever there is a call made for a new bed the cell-house 
 guard Shields is a very attentive man he sees to that ; there 
 could be" improvements, of course. I was never in prison be- 
 fore, and don't know what is to be expected. 
 
 A. B. Jones, convict, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Alexander : Where did you come from ? 
 
 A. My home is in Lawrence County ; I came from Monroe. 
 
 Q. By Mr. Patten : State if you have been employed in the 
 prison as a trusty. 
 
 A. Yes, sir. 
 
 Q. How long ? 
 
 A. Nearly five years. 
 
 Statement : Nearly two-thirds of the reports against the 
 prisoners, the complaints of the prisoners, and the punishment 
 of prisoners comes from the shoe-shop, where there is only 
 about 160 men employed, and the cause is very plain to one 
 who is there to see it. Mr. James Kennedy, the head guard 
 there, is an old, experienced, obdurate criminal; he is noted for 
 cruelty, a great lover ot gain, a habitual drunkard, and what is 
 here called a Prison Ring Lord. He receives pay from all 7 
 quarters, and stands ready to commit any manner of crime or 
 cruelty free in the interest of the Prison King, or in the inter- 
 est of contractors for pay. He is warden, guard, foreman, as- 
 sistant, superintendent and bull dog of the shoe-shop. He has 
 boots and shoes made there for himself and family. He gets a 
 good portion of his fuel there. He often draws on the con- 
 tractor for lumber ; he has considerable work done in the box- 
 shop and the machine-shop of that institution, and he receives 
 a great many other little presents from there, and pays for all 
 in overtasking and crowding the prisoners in the most brutal 
 manner. He has a son who has been about here the the last 
 
93 
 
 three or four years, sometimes a guard and sometimes a fore- 
 man. He is now a foreman in the shoe-shop. He is there 
 foreman for the contractor to demand the work, and his father 
 is there a guard to force the work done. 
 
 The new cell-house is a perfect chinchbug harbor. The 
 brick walls of the cells are alive with them every warm spell, 
 and through the summer it is terrible. The cells smell of them, 
 the sheets and the blankets are bloody from them, and the 
 men's skin look horrible from the bites. There was not less 
 than two hundred men asked and sent requests to Capt. How- 
 ard, last summer, to allow them to buy some bug destroyer, but 
 he refused all ; neither would he give it to them nor allow their 
 friends to give it to them. Two times, through the summer, 
 he sent some worthless and most worthless prisoners, who lay 
 around the cell-house, to destroy the bugs, and they done 
 nothing more than throw a little dust of powder in the cells 
 "which had no more effect than that much water, but it made 
 ^an excuse for Capt. Howard to not allow the men to buy the 
 powder, and that was all it was done tor. It is brutal and an 
 outrage, and a horror only realized by the sufferers. 
 
 The rule here is that all money belonging to prisoners must 
 go into the prison office, and there it goes ; and it makes no 
 difference how much the prisoner needs his money, or how 
 much his family are suffering for it, nor what the circumstances 
 and final results may be, it requires a period of time from one 
 week to three months, and a great deal of trouble for him to 
 get his money out of the office. I have often known men to 
 make from ten to fifteen trips to the office, and be months try- 
 ing to get a little money sent to their distressed families. I am 
 sure that if you will closely question Mr. Huette, the Prison 
 Clerk, on the matter, he will substantiate what I have said. 
 
 When the new cell-house was built there was gas pipes and 
 burners put in each cell, but the burners are all taken out, and 
 now the prisoners are allowed an average of one and a half 
 very small candles per week through the long winter nights, 
 and none through the summer ; neither are they allowed to 
 buy them nor their friends allowed to give them candles. What 
 is it worth to the State for illiterate men to be compelled to let 
 their books lay on the shelf while sitting in a nest of vermin 
 and teetotal darkness, while no less than five hundred candles 
 burn on Capt. Howard's yard fence to light up a 'political dem- 
 onstration? 
 
94 
 
 They pretend to give the prisoners pork for dinner four times 
 per week, but the stuff' that is given is so fat and strong that 
 not one-fourth of the men eat it, but it is taken off the tables,, 
 rendered out, and the lard taken inside. They pretend that 
 they put the lard in hominy for breakfast, but that is false- 
 there is not one-fourth of it goes there. Please closely ques- 
 tion Kendrick, their pet cook at the kitchen, and 3*011 can catch 
 him lying for them. 
 
 The same wagon that delivers the fresh beef here hauls the 
 best of it out again to private parties. Please question Ken- 
 drick at the kitchen and Thompson at the shoe-shop concern- 
 ing the above. 
 
 It is terrible the way men suffer here with cold. At the- 
 start they took one-half of the heaters out of the new cell- 
 house, and run it so two winters ; arid then, under false pre- 
 tense that the house could not be heated with steam, they aban- 
 doned the heaters altogether and put in stoves, and the conse- 
 quences are the men suffer terribly. While they were pre- 
 tending to warm the house with steam, they kept a stove in 
 one end of the house specially for the guards. It always is a 
 great deal colder in the cells. Now, if the guards with warm 
 underclothes and overcoats on, and generally full of whisky, 
 could not keep warm outside the cells, without a stove to stay 
 by, then how is it with the prisoners? There was not one sin- 
 gle Sunday or holiday last winter that I did not lay abed the 
 day through rather than suffer with the cold. It has not been 
 quite so bad during the last two months, since they have be- 
 come a little scared, but it is brutal yet. 
 
 There was a good mechanic, who worked for the State and 
 officers. He was a trusty. His work was principally making 
 bird-cages, making and mending furniture, fine cedar chests, 
 etc. There was a standing order for the contractors to let him 
 have what he called for. He done a great deal of work for 
 George Howard, such as making tables, desks, secretaries, lard 
 coolers, and many other things for his pork-house and store- 
 room. The material was always bought of the contractor and 
 charged to the State, and no other account kept of it. I often 
 bought lumber and hardware of the contractors for George 
 Howard, which was charged to the State, and the amount not 
 known even to George Howard. I built and painted a summer- 
 house for the State in Captain Howard's yard, and Mr. Allen, 
 
95 
 
 liought 1,000 pounds of white lend, and oil in proportion, to 
 paint the house with, and I used about 100 pounds of the 
 paint, and George Howard hauled the balance back to town 
 and had his store-house painted with it. When asked for the 
 paint and brushes, I hesitated, but George Howard gave me to 
 understand plainly that it was all right with his brother Jack, 
 and he would stand between me and all danger. 
 
 There were two prisoners, one a book-keeper for a contractor, 
 the other a mechanic, working for the State and Prison officers. 
 They put their heads together and agreed to keep a private ac- 
 count and see how much the State was losing on certain pri- 
 vate parties. So they kept account of all that come plainly 
 under their observation about two and one-half years, until the 
 account reached over $2,500. And then they managed to get 
 the confidence of an honest guard, who had all confidence in 
 one of the Directors, and proposed explaining all to him, which 
 was done by the guard, who asked the Prison Director to go 
 over to a certain shop and receive the written account. But 
 the Director did not have time to go to the shop after the 
 written account, and the guard was forthwith discharged. 
 
 Captain Howard's brother, George, built a pork-house in 
 front of the Prison, and a great portion of the lumber and 
 other material was bought of the "Prison contractors and 
 charged to the State, and the principal part of the labor was 
 performed by prisoners. 
 
 George Howard had two very large and well-finished ice- 
 chests made in one of the contractor's shops, and when he went 
 to settle for them he had the bill changed by counting the 
 hardware and lumber and labor all in as lumber, and the whole 
 charged to the State. 
 
 Captain Howard built a house for his sister, and all the fin- 
 ishing lumber was bought of a Prison contractor and charged 
 to the State, and the carpenter work was done by the State 
 carpenters. 
 
 In the year 1879 Captain Howard bribed an old life-time 
 prisoner to testify falsely for him, and afterward mistreated the 
 prisoner until he wrote him a letter in plain English (which 
 was seen and read by two other parties) that he had perjured 
 his soul for him, with the promise that he should be well- 
 treated, and now he was being mistreated, and if certain privi- 
 leges were not allowed him he would turn him over to the law, 
 
06 
 
 and Captain Howard, after reading the letter, turned the old 
 man outside to eat in his dining-room. The old man was after- 
 ward caught violating the rules and turned in again, and \>y 
 making another severe threat of exposing corruption he wa& 
 turned out, and remained out during the remainder of his time. 
 lie slept outside and boarded at Captain Howard's house. 
 
 [The above sworn statement in writing was delivered to the 
 Committee a few moments previous to their adjournment.] 
 
 John R. Tucker having been duly sworn, testified as follows : 
 
 Q. By Mr. Alexander: Where do you live? 
 
 A. In Jeffersonville. 
 
 Q. You were formerly in the penitentiary ? 
 
 A. Yes, sir. 
 
 Q. When were you discharged ''. 
 
 A. Seventh of December last, a year ago. 
 
 Q. Do you know of any expenditures there and charged to 
 the State made for political demonstrations ? 
 
 A. Yes, sir; there were several. Amongst them was a dis- 
 play of fire-works, candles and such things as that in front of 
 Captain Howard's house, and a few before Captain Craig's. 
 We put up quite a fancy work in front of Captain Howard'a 
 house Chinese lanterns and arches. There were nine arches 
 in all a^d twenty-nine candles on the arch. 
 
 Q. Did Captain Howard do that at his own expense? 
 
 A. I was ordered out to the work, and I was to make my 
 bill out against the State. The foreman signed the bill O. K. r 
 and the Clerk put it on the book. 
 
 Q. What would be the probable cost? 
 
 A. I don't know what it would cost. The candles were 
 brought from the cell -house. They were candles that were 
 State property ; I am satisfied of that. They were kept where 
 State property was. The lumber came from the carpenter- 
 shop. Perin & Gaff furnished that. It was charged up to the 
 State. My orders were to make out the bill against the State. 
 Whenever I did a job of work, the State was charged up with it. 
 
 Q. You don't remember the bill of items. 
 
 A. There were five of us working on it all day up to 9 at 
 night, when we lit the lights. I was working for Perin & Gaff 
 at that time on contract. 
 
 Q. What do you think would be the probable cost ? 
 
 A. Not less than $75. I don't suppose it would be done 
 
97 
 
 for that. Then there was the time of taking it down next 
 day. 
 
 Q. 1 will ask if } T OU ever heard Captain Howard say how it 
 was paid for ? 
 
 A. Not much. I never heard anybody only my foreman. 
 I always asked, where is this going? 
 
 Q. Any other demonstration that you remember of? 
 
 A. Those bells were rigged up last Presidential campaign 
 at the expense of the State. I went over to the paint shop and 
 got my instructions. The bells came from Pcrin & Gaff. I 
 don't know whether there was any bill made out for them or 
 not. I made the rack for the bells and fixed the frame on the 
 wagon and helped put the bells on. 
 
 Q. What do you think was the cost of that ? 
 t A. There was three of us working on that all day and about 
 three hundred feet of lumber used. I know that was charged 
 the State. I made out that bill and presented it right there. 
 I think there were three or four bells in a line running across. 
 There must have been fifteen or twenty bells. Different sizes 
 of bells. It made quite a display. 
 
 Q. Do you remember the amount of bill charged. 
 
 A. I don't. I charged for a full day's time for three of us ; 
 there was not less than two hundred feet of lumber. 1 don't 
 know how much it was worth. 
 
 Q. You charged for this labor? 
 
 A. Yes, sir; charged the State if I didn't work but one 
 hour. We would charge at the rate of $1.50 a day, while the 
 contractor paid forty-five cents. I was on the contract, but I 
 done nearly all the State carpenter work. I done the repairs 
 around there ; made this fencing around Captain Howard's 
 yard. 
 
 Q. By Mr. Cruson: Was this illumination the same night 
 as the bells ? 
 
 A. No, sir. The bells were after the presidential election. 
 This illumination was at the time, I think, of a big speaking 
 here. 
 
 Q. By Mr. Alexander : How long were you in prison ? 
 
 A. I was in prison twenty-six months and one day. 
 
 Q. Do you know of any cases of extreme punishment there? 
 
 A. I think I got some of it myself which I think I didn't de- 
 serve ; but there is others punished by guard there for small ot- 
 
 7 PRISON. 
 
98 
 
 fenses. There was a fight between two convicts and I attempted 
 to separate them. There were seven or eight of us reported for 
 that (amongst them was Lindsey) without having any chance, to 
 see the Warden. We lost our good time eight days. All I 
 tried to do was to separate them. They put me in the cage 
 and chained me up. I have seen Jamison, a guard, knock 
 men down there and kick them when they were not violating 
 the rules at all. I was tied up at cell door, handcuffed with 
 my hands pulled through, and given piece of corn bread and a 
 cup of water. They would stand me on my feet, but I have 
 been shot in the leg, and I was compelled to hang there half of 
 the time with my weight on my arms. 
 
 Q. Are the convicts chained up there in cold weather? 
 
 A. Oh, yes. 
 
 Q. They let them down at night and let them have their 
 coats ? 
 
 A. Not a single covering. 
 
 Q. Did they make beds for them to sleep on ? 
 
 A. It was simply lumber. Right on the floor was the kind 
 of bed I had. 
 
 Q. Do you know of any person being kept longer than one 
 day? 
 
 A. I have known men kept there for weeks and weeks. 
 Jim Storey was one. 
 
 Q. By Mr. Hobson :' What if you had picked up a piece of 
 bread from some other man's plate ? 
 
 A. They would punish you if it was somebody else's plate. 
 I was reported for taking a smoothing iron from the carpenter 
 shop, and I was not working there at the time. Dickey, a 
 trusty, stole it and took it up to a colored woman, who would 
 give him some money for it and he could get some tobacco. 
 That took eight days good time away from me. 
 
 (}. By Mr. Alexander: What do you know about the 
 Deputy Warden and Warden using" provisions of the prison at 
 their own houses? 
 
 A. It was a regular business. The bread was baked every- 
 day. The garden truck was furnished to both places. 
 
 Q. What kind of vegetables did the convicts get from the 
 garden ? 
 
 A. We would get an onion or a tomato. 
 
 Q. What kind of meat did you generally get ''. 
 
99 
 
 A. As a general thing it was very poor meat. It was so 
 poor that I once took it to Captain Craig. He had another 
 piece put on the plate, but it was the same kind. I then in- 
 formed the captain that the meat was spoiled. 
 
 Q. Did you ever have any roast? 
 
 A. No, I never had a bite of roast, except what Captain 
 Craig's wife gave to me sometimes. Yes, I got a piece once in 
 the hospital. AVe got bacon that was alive with maggots. 
 
 Q. By Mr. Pleak : You saw the beef that was brought in 
 there ? 
 
 A. It was very poor quality of beef. 
 
 Q. How did it come ? 
 
 A. Always in quarters and shanks. 
 
 Q. What were your opportunities for seeing this beef fre- 
 (juently ? 
 
 A. Just as good as yours would be. There was no restric- 
 tions on me in regard to that matter. 
 
 Q. By Mr. Alexander: Tlie beds are straw beds'? 
 'A. Yes, sir. 
 
 Q. How often are they filled ?. 
 
 A. Once a year. 
 
 Q. Did you have any pillows? 
 
 A. ]^o, sir ; except what I had furnished by my friends. 
 That was in '88 I went there. My sister brought my pillow. 
 
 Q. By Mr. Osborn : What about the underclothing? 
 Were you forced to buy it from the Warden ? 
 
 A. I got my underclothing without any trouble from my 
 sister. 
 
 Q. By Mr. Alexander: Did you have a broom to sweep out 
 the cells? 
 
 A. I had very small one ; had a little hand-broom. When 
 they wore out they never thought of replacing them. 
 
 Q. How is it if men have to get up at night? 
 
 A. They have little bit of wooden bucket there they carry 
 o.ut every morning. 
 
 Q. How about the candles? 
 
 A. I don't think we had candles for three weeks, and we 
 have went there as high as five weeks without a candle. They 
 were very poor candles ; light one of them by 5 o'clock and by 
 9 your candle would be about burnt up. 
 
100 
 
 Q. How about the books; did you get them whenever you 
 wanted them? 
 
 A. No, sir, once every two weeks, and then you had to be 
 mighty good. They would come around and call over names 
 of half a dozen books in a box, and if there is none that suits 
 you you go without. 
 
 Q. By Mr. Hobson : Did the Chaplain come here ? 
 
 A. The Chaplain would come around the shops every few 
 days. 
 
 Q. By Mr. Alexander : What about sick men having to go 
 to work ? 
 
 A. There was a man there had to work, when 1 know his 
 operations was blood. 
 
 Q. Do you know anything about men being overtasked? 
 
 A. That was nothing uncommon in the foundry; it was 
 scandalous. I was there a short time, and I had rather be ex- 
 cused and go to that cell-house. 
 
 Q. How about the sick being taken to the hospital ? 
 
 A. I was sick, hemorrhage of the lungs; was in hands of 
 doctor for nine months, and in that time in the hospital not 
 more than one day; hospital patients are treated nicely. 
 
 Q. What cell were you in ? 
 
 A. I was in the old cell-house. A man had better beat his 
 work than locked in the cell. No matter how cold you are, 
 you are never let out to the stove. 
 
 Q. Any bed-bugs in the cell ? 
 
 A. I never seen any thing but bed-bugs. There never was 
 room for anything else. 
 
 Q. How about the crazy-house? 
 
 A. The crazy-house is alive witlj rats. It is worse than the 
 hog pen. That, is where they put unruly prisoners and call 
 them crazy. 
 
 Q. Some of them were crazy ? 
 
 A. A good many of them went in there and almost came out 
 crazy. 
 
 Q. Does the Chaplain preach on Sunday? 
 
 A. Yes, sir. They had a Sunday-school for a little while, 
 and then Captain Howard stopped it. 
 
 Q. Was it compulsory ? 
 
 A. That was not compulsory at all. 
 
 Q. What was the average attendance at the Sunday-school? 
 
101 
 
 A. Thirty-five. I never missed a S'atida'ywh i'le I' was Work- 
 ing. Captain Howard stopped that. I don't know just why. 
 
 Q. What do you know of any prisoners furnishing any one 
 money to get a pardon for them, the Chaplain for instance? 
 
 A. I know Chaplain Cain made a trip to Indianapolis for 
 me, and did not charge me a cent. He was very accommoda- 
 ting. 
 
 Q. Did he ever inquire of you whether^ouhadany money? 
 
 A. No, sir. He inquired of my family and condition. He 
 remarked to me of what he had done for the boys there, and 
 that there ain't one out of ten ever thanks him for it when they 
 get out. 
 
 Q. Do the guards work pretty hard or not? 
 
 A. No, sir. The guards in the Prison make men work un- 
 der contract, and get benefit of it. Jim Kennedy made me 
 work for Boot and Shoe Company, and he would take extra 
 pair of shoes to his children. 
 
 Q. Did you make any repairs for Captain Howard ? 
 
 A. I made repairs while working for Perin & Gaff on his 
 private property that he rented, just back of the prison. I 
 think we worked out there Gerhardt and I and Dickens. It 
 was two or three days apiece. 
 
 Q. Do you remember'the dates ? 
 
 A. No, sir. 
 
 Q. How was it charged ? 
 
 A. That was charged up to the State, I know. 
 
 Q. By Mr. Patten : You said a while ago that you was 
 wounded. Do you draw a pension ? 
 
 A. No, sir ; I was in the Confederate army. 
 
 Q. Can you read ? 
 
 A. Yes, sir. * I get one book every two weeks, and my 
 sister brought me the Courier-Journal. 
 
 Q. Did you take the Jeffersonville Times? 
 
 A. Yes, sir. I subscribed for the Jeffersonville Times 
 while I was there. 
 
 Q. Are there many copies of that Times taken in there ? 
 
 A. Yes, sir. More copies of that paper brought in than 
 any other. 
 
 Q. Who owns that paper? 
 
 A. I have been informed that Captain Howard owned the 
 Times. 
 
102 
 
 Q. ' Wb;y was rliat paper taken ? 
 
 A. They subscribed because they would not allow any 
 other paper in there. 
 
 Q. A\ r hat was the subscription price? 
 
 A. I paid seventy cents a month; thirty-five cents for two 
 weeks. 
 
 Q. By Mr. Osborn : You spoke of meat being bad. How 
 were your other supplies, such as beans? 
 
 A. I have had beans set before me so full of these black 
 bugs I wouldn't eat it. 
 
 Q. Do you know about his furnishing such supplies as 
 these that he bought for a low price and charged the State the 
 price of good supplies ? 
 
 A. I don't know, except from what information I got 
 there, that these things were bought as No. 1. As I said, I 
 showed some meat to Captain Craig, and he told me to show 
 it to the Warden. I did, and Captain Howard told me : "That 
 is good enough for you or any other convict,'' and the meat 
 was rotten. 
 
 Mr. J. B. Merry weather, being first duly sworn, testified as 
 follows: 
 
 Q. By Mr. Alexander: Where do you live ? 
 
 A. In this city. 
 
 Q. What is your occupation? 
 
 A. Attorney at law. 
 
 Q. What connection have you had with the 'Southern State 
 Prison? 
 
 A. I was Warden for four years. 
 
 Q. What firm was this that went into bankruptcy owing 
 the prison ? 
 
 A. The Southwestern Car Company : they had contract 
 with the State to make cars for several years. 
 
 Q. The} 7 went into bankruptcy, and what was the portion 
 received from the Register in bankruptcy? 
 
 A. The State received all the Register allowed. I made a 
 claim as one of the attorneys of the Warden for $27,000, as my 
 recollection now is, but, as attorneys frequently do, I made the 
 account as large as possible. I thought at the time the ac- 
 count was tiled that the prison was entitled to about $22,200 or 
 $22,500. They tiled offsets and counterclaim. Their offset 
 was that they had furnished materials for repairs of buildings, 
 
103 
 
 and their counterclaim, that for two years before Col. Shuler 
 ceased to be Warden he was partially paralyzed and the prison 
 was under less discipline, and the convicts did not do the 
 amount or kind of work that their contract required. Their 
 counterclaim was allowed to some extent by the Register, and 
 the amount he found due to the State was between $7,000 and 
 $8,000. As attorney I paid the witness fees and attorneys' 
 fees. I paid over to Mr. Howard, after paying everything, 
 $6,000 on the 29th of May, 1879. [Check presented and copy 
 herewith attached, marked exhibit "A.''] 
 
 (,). Have you examined the reports the Warden has made 
 to the State since that time, and what, if anything, do you 
 know of his having charged himself with having received that 
 amount':' 
 
 A. At the request, indirectly, of a member of committee, 
 four or five years ago, I made an examination. I found noth- 
 ing in the clerk's accounts from May, 1879, to that time in 
 reference to money, I find, however, in Captain Howard's re- 
 port for 1881, in which he says that the amount of money re- 
 ceived from car works had been passed or turned in to the 
 brick account; that is the only mention I find. 
 
 Q. Did you ever have any conversation with Captain How- 
 ard about it? 
 
 A. Not until last Saturday. He asked me if I remembered 
 the amount. I said 1 did. He said I certainly could not re- 
 member the amount it was so long ago and he said, " You 
 can't say whether it was four or six thousand dollars." I then 
 told him I had the check and would produce it to the Com- 
 mittee. I did not show it to Captain Howard. 
 
 Q. What do you know, if anything, about the brick ac- 
 count? 
 
 A. I know nothing of that, sir, except on examination of 
 this member of Committee four years ago I found the Legis- 
 lature authorized the manufacture' of brick by the convicts, 
 and to the best of my recollection that it fixed the amount that 
 should be expended for the brick. 
 
 Q. What was done about the matter before the Committee 
 four years ago? 
 
 A. A member of the Committee came to me, my recol- 
 lection is, four years ago and inquired in reference to it, and I 
 told him, and showed him the check. I had it in my safe. He 
 
104 
 
 said I would be called before the Committee the next day. I 
 never was called before the Committee, and said nothing more 
 about it. 
 
 Q. About what was the probable number of prisoners dur- 
 ing the time you was there ? 
 
 A. I can't remember. Don't know of any reason why there 
 should be greater or less number than at present. 
 
 Q. How many guards did you have ? v 
 
 A. I had fourteen. I got along pretty well with them. In 
 summer months I employed two extra guards. 
 
 Q. Is there any necessity why there should be more guards 
 employed now than then ? 
 
 A. To answer that I should have to go through the shops 
 and see what is done. If everything is done on the floor, like 
 a foundry, one guard may guard seventy or eighty men at work. 
 If the work was setting up barrels, behind which they could 
 hide, it would require a greater number. It would depend 
 very greatly upon the business they were at. 
 
 Q. By Mr. Patten : Do you know whether the Warden has 
 ever advertised for contracts for beef and other supplies? 
 
 A. I have never seen any. 
 
 Q. Where is it purchased? 
 
 A. His beef has really been purchased in Louisville all the 
 time except when ice or flood prevented its being brought over 
 and then it was bought here. When the Auditing Committee, 
 of which Colonel Emerson was chairman, were investigating 
 claims against the prison that had been contracted by Colonel 
 Shuler, and some contracted by Mr. Howard, Mr. Duff, the 
 butcher in Louisville, said to me he had contracts for furnish- 
 ing beef to the hotels and steamboats at Louisville, and that he 
 furnished the best parts to the hotels and steamers and the fore 
 quarters and shanks he sent over here to the prison. This con- 
 versation took place in the prison. 
 
 Q. Have you ever heard of these supplies going to the 
 Warden's house, or Deputy Warden? 
 
 A. Guards at the prison, after they were discharged, have 
 told me that the same wagon that brought the beef to the 
 prison took it to the Deputy Warden and the Warden and 
 Storekeeper's houses. 
 
 Mr. Fountain W. Poindexter, being first duly sworn, testi- 
 fied as follows : 
 
105 
 
 Q. By Mr. Patten : Where do you reside ? 
 A. In Jeft'ersonville. 
 Q. What is your business ? 
 
 A. I am Assistant Cashier Citizens' National Bank. 
 Q. State if A. J. Howard, Warden of Prison South, keeps 
 his account in your bank. 
 A. Yes. 
 
 Q. How long has he had it there? 
 
 A. I could not tell the number of years; probably during all 
 his term of wardenship. , 
 
 Q. State if he keeps bank account any place else. 
 A. I do not know of any. 
 
 Q. Have you a statement of his account on Friday, llth of 
 this month ? 
 
 A. I have it on Saturday, the 12th, taken from the books 
 on the morning and also the afternoon. The amount he is 
 credited with, morning of February 12, beginning of business, 
 is $7,875.49. 
 
 Q. What was it the day before ? 
 
 A. I did not draw oft' balance on day before. I put down 
 balance here, the time the book was balanced ; $65 on Feb- 
 ruary 1, brought down on the book. 
 
 Q. State how long it ran at that before he deposited, if you 
 can. 
 
 A. I did not make a memorandum of exact dates ; I 
 couldn't say without examining. 
 
 Q. State if you remember when the Senate Committee was 
 here. 
 
 A. My recollection is that they were here last Friday and 
 Saturday, so far as I noticed from newspapers, about the 10th. 
 Q. State if Mr. Howard had any more than $65 at that 
 time in your bank, on the 10th. 
 
 A. I could not give that statement. 
 Q. When was that difterence deposited to his credit ? 
 A. That was on the llth and the early morning of the 
 12th. 
 
 Q. State if you have any knowledge where that money was 
 obtained, and whose money it was. 
 
 A. No, sir ; I know the amount was placed to his credit. 
 Q. Who made that deposit ? 
 
106 
 
 A. David M. Allen', or at least part of it. Sometimes he 
 deposited and sometimes the Clerk. 
 
 Q. How much was deposited there on Friday and how 
 much on Saturday? 
 
 A. My impression is that about 6,500 was deposited early 
 Saturday morning. Balance was to his credit previous to that. 
 
 Q. State who Mr. Allen is. 
 
 A. I understand he is Steward of the Penitentiary South. 
 
 Q. State if you know where that money came from ; did 
 you loan it out of your bank? 
 
 A. No, sir ; I have no knowledge of that. 
 
 Q. Did anybody borrow any money from your bank that 
 day or the day before ? 
 
 A. Not that I know of. 
 
 Q. By Mr. Alexander: Anybody else have any deposit 
 there of about that amount of money that was withdrawn r 
 that you know of? 
 
 A. No, sir. 
 
 Q. By Mr. Fatten : Can you state whether checks or cash 
 was deposited ? 
 
 A. No, sir ; I caii not. We count everything as cash. 
 
 Q. Have you any information in reference to how that 
 money was raised, whether it was Mr. Howard's individual 
 money, or whether or not he raised it among his friends bor- 
 rowed it for the purpose of making that deposit and exhibiting 
 it to the Committee ? 
 
 A. He had no individual account to check on for that 
 amount. 
 
 Q. State if you had any conversation with Mr. Sparks, do- 
 ing business here, in relation to raising this money. 
 
 A. No, sir. 
 
 Q. With Mr. Lewman? 
 
 A. No, sir. 
 
 Q. With Mr. Allen? 
 
 A. No, sir. 
 
 Q. Does Mr. Allen keep an account in your bank? 
 
 A. He has no account there. He has had a small account 
 there some time back, but he has no account there now. 
 
 Q. Has Mr. Sparks an account at your bank? 
 A. Nothing beyond firm account. Their firm does business 
 there with us. 
 
107 
 
 Q. Did you have any conversation with Mr. Howard about 
 this money? 
 
 A. No, sir, I did not. 
 
 Q. Was this a special deposit ? 
 
 A. No, sir; open account. 
 
 Q. How much of that is individual account, and how much 
 as Warden? 
 
 A. It is all A. J. Howard's, Warden. 
 
 Q. Has he checked out any since then ? 
 
 A. To-day he checked out $3,333, balance of the account 
 this morning. During the day on February 12, $7,162.27 was 
 checked out. 
 
 Q. On Saturday, after he had deposited about $6,500 in the 
 morning ? 
 
 A. Yes, sir. 
 
 Q. Who was the drawer of the check? 
 "A. A. J. Howard, Warden. 
 
 Q. To whom. 
 
 A. I don't know. I think it was payable to bearer; I don't 
 know. In fact, I was at dinner, at the time that was paid out. 
 Cashier Mr. Adams paid it. 
 
 Q. When was this $3,000 deposited? 
 
 A. One day this week. He made deposit of about $3,000 
 within^the last three or four days. Checked the balance out 
 to-day. 
 
 Q. By Mr. Sinclair: Did he check out any yesterday? 
 
 A. There may have come in a small check. I do not re- 
 member. 
 
 Q. What is his balance now ? 
 
 A. His balance now is practically nothing. Accurately I 
 think it is 12 cents. 
 
 Q. By Mr. Patten : State if you have heretofore always 
 honored his checks. 
 
 A. We have always honored them if the money was to his 
 credit, but not permitted him to overcheck. I will qualify that. 
 When it is one or two hundred dollars over, we would honor it 
 on the supposition that it was a mistake, but we would notify 
 him immediately. 
 
 Q. Does he take up his checks ? 
 
 A/ He took up his checks on February 1. 
 
 Q. How did they read ? 
 
108 
 
 A. I think most of his checks are pay his office or bearer. 
 
 Q. How much has he checked out in any one amount? 
 
 A. Seven thousand one hundred and sixty-two dollar?, all 
 in one check. 
 . Q. Who got that ? 
 
 A. I could not say-. 
 
 Q. Can you furnish the information from your bank? Mr. 
 Adams can tell, can he not? 
 
 A. I suppose so. 
 
 Mr. Thomas Sparks, being duly sworn, testified as follows: 
 
 Q. By Mr. Patten : Where do you reside ? 
 
 A. In Jetfersonville. 
 
 Q. State if you know anything about how that $7,000 was 
 raised by the Warden of State Prison South about 10th, llth 
 or 12th of February ? 
 
 A. I know nothing at all about it. I had nothing in any 
 way, shape or form to do with it. 
 
 Q. You have no knowledge of how the money was raised? 
 
 A. I have not, sir. 
 
 Mr. John E. Cole, having been duly sworn, testified as fol- 
 lows : 
 
 Lives in Jefiersonville, City Marshal. 
 
 Q. By Mr. Patten : What do you know, if anything, in refer- 
 ence to any money being raised here for the use of the Warden 
 at the time the Senate Committee was here, on or about the 
 10th, llth or 12th of this month ? 
 
 A. I don't know anything in regard to the money raising only 
 from outside parties ; don't know it personally. Of course, I 
 heard how money was raised. I seen Mr. Huette come to the 
 City Hall, and he inquired in regard to a bill that he claimed 
 the State owed Dorsey. Our City Clerk was acting as City 
 Treasurer at the time. Our City Treasurer is in Thomasville, 
 Ga. I think he made the statement to me that he owed Mr. 
 Dorsey a bill, and he wanted to know whether Mr. Burlin- 
 game, City Clerk, was authorized to receive the money. I seen 
 from Mr. Huette's actions that he was considerably worked up, 
 and I took an interest to see what I could do. Well, I learned 
 that the money that was deposited in the bank to balance his 
 account, according to the statement he made to the Senate 
 Committee, was put up by Mr. McCann. He is the man that 
 furnishes the coal to the Prison, and is one of Howard's bonds- 
 
109 
 
 men. I heard of several others that had put up the money; 
 on the best of my belief, Mr. Allen. I seen Mr. Allen go to 
 the bank and get a sack of money, and, in conversation with 
 him, he said he was going to pay the guards for four months' 
 wages. I heard conversation between David Allen and Cap- 
 tain Craig. Captain Craig asked him what kind of a Commit- 
 tee he had, and he said : " A s n of a b h ot a Committee. 
 
 They had me on the stand for three hours.'' That was one 
 day last week, either Thursday or Friday evening. 
 
 Q. This man, Allen, what is his wealth ? 
 
 A. I guess between $7,000 and $8,000. 
 
 Q. State whether at any time the employes of the Prison, 
 with others, were in the habit of going off on junketing tours, 
 and describe it. 
 
 A. It is customary to go on fishing tours twice a year, Cap- 
 tain Craig, Deputy Warden, Dave Allen, steward, Mr. Samuel 
 H. Perm, Mr. Burlingame, myself and others being of the 
 party. The last time we went out, the third time, I went with 
 them. Captain Allen was making his settlement, and I says 
 to him : " Captain, I'm tired sponging off' you," or something 
 to that effect; "I want to pay my proportion, I and Mr. Bur- 
 lingame ; we don't want you to share all this expense," and in 
 
 reply to it he told me to " Go to h 1 ; you shan't pay a d n 
 
 cent of it," and to the best of my knowledge and belief he 
 said, u The State pays for this," but I would not want to swear 
 that he used the words, " The State pays for this.'" 
 
 Q. Where did he get the supplies? 
 
 A. Allen furnished these supplies from Mr. Aiken's gro- 
 cery ; he buys provisions for the prison from Mr. Aiken. 
 
 Q. State what kind of a party it was. 
 
 A. We camped out with two tents a commissary tent and 
 a sleeping department. 
 
 Q. State how many blankets you had in the party. 
 
 A. Captain Allen said we had a hundred pair of blanketsto 
 keep us warm ; that they came from the prison. 
 
 Q. How many were there in the party ? 
 
 A. In going down about eight of us belonged to the fish- 
 ing party, but we had as many as thirty-six people in camp 
 eating and sleeping. 
 
 Q. What was bought from Aiken & Co.? 
 
 A. Ham, breakfast bacon, eggs and butter. 
 
110 
 
 <j. What would be the probable expense of the trip? 
 
 A. We never stayed less than eight days ; had six or seven 
 gallons good whisky ; probable cost would be about $75, in- 
 cluding railroad fare. 
 
 Q. Who paid the freight bill ? 
 
 A. It was always paid by Captain Allen ; the goods were 
 carted by the prison team to New Albany Air Line Depot and 
 billed from there. 
 
 Mr. John Craig, having been duly sworn, testified as follows: 
 
 Q. By Mr. Patten : What is your occupation ''. 
 
 A. At present occupied as Superintendent of the Quarter- 
 master's Depot at this place. For eleven years was Deputy 
 Warden Prison South. 
 
 Q. State if you know anything about financial transactions 
 that happened two years ago, about the time Mr. Howard was 
 re-elected Warden, and time that visiting committee of the 
 Legislature came down here, in reference to raising $3,000 in 
 behalf of the Warden? 
 
 A. I could not answer what the money was raised tor, but. 
 I know I, with other gentlemen, indorsed a note for $3,000. 
 
 Q. State whether or not you know it was for the purpose 
 of making up the balance of the Warden's account to present 
 before the committee ? 
 
 A. That I don't know. I know the money was raised for 
 the use of the Warden, but for what purpose I do not know. 
 
 Q. Did you have any conversation with him about it ? 
 
 A. I never had a conversation with him about that. He 
 did not ask me to go on the note. Another gentleman and 
 Mr. Allen, the Steward, presented the note. He said he 
 wanted to raise $3,000 the Warden wanted to use, and he 
 asked me to go on the note. 
 
 Q. In connection with that, didn't you know from his state- 
 ment that the money was for the purpose of balancing his ac- 
 count. 
 
 A. I did not know. 
 
 Q. What is your impression '{ 
 
 A. My best impression was that was what it was for. 
 
 Q. Is that note paid 'i 
 
 A. Not entirely. I think about half has been paid. 
 
 Q. Who was the note given to ? 
 
 A. A little savings loan association here in town. 
 
Ill 
 
 Q. I will ask if you heard these rumors in reference to your 
 candidacy for Warden of the Prison two years ago, in which 
 you have been charged with offering to Directors something 
 like $8,000 for your election ? 
 
 A. I never heard it until recently. 
 
 Q. State whether or not at that time, or any time subsequent 
 or since, did you have any conversation with the Directors, or 
 ever have any proposition made to them by yonr knowledge r 
 for the purpose of electing you Warden. 
 
 A. No conversation on that subject ever occurred between 
 myself or the Directors. 
 
 Q. Did any of your friends communicate between you and 
 them, with your knowledge and consent ? 
 
 A. .No, sir, not with my knowledge and consent. I want 
 to say that I wrote a letter to Dr. Hunter, who resided at Law- 
 renceburg, and was Director of the Prison at that time. On 
 _the eve of the election of the Warden, I wrote to him on the 
 subject of my candidacy for the position of Warden, and I 
 made the distinct and definite proposition to him that I would 
 not be a candidate under any circumstances if Captain Howard 
 was a candidate. From my position there and relation with 
 Captain Howard, I did not feel that I could enter the field 
 against him. 
 
 Q. You was acting as Deputy Warden at the time of the 
 last election ? 
 
 A. Yes, sir. 
 
 Q. State why it was there was a delay in that election, if 
 you know. 
 
 A. I don't know, sir. I did not know there was a post- 
 ponement. 
 
 Q. I will ask if you was not familiar with the report as to 
 how that election occurred. Was it not common report how it 
 was done ? 
 
 A. I do not remember it now. 
 
 Q. Do you know of any telegrams sent to Dr. Norvell about 
 that time, or before the election ? 
 
 A. No, sir. 
 
 Q. Did you ever hear the report about purchasing about 
 $4,000 worth of corn ? 
 
 A. I heard that. I think within a year or eight or nine- 
 months ago. 1 heard some guard or somebody connected with 
 
112 
 
 the prison repeat it as having come from a young hospital 
 steward named Dr. MeFadden. 
 
 Q. Why didn't he stay at the prison ? 
 
 A. Well, I think he was dismissed by the Warden for some 
 dereliction of duty. I know he was not performing his duties 
 in a manner that suited the Warden. 
 
 Q. By Mr. Alexander : What do you know about con- 
 tractors paying bonus to the directors or Warden for the pur- 
 pose of getting contracts ? 
 
 A. I know nothing whatever. 
 
 Q. By Mr. Osborn : Do you know whether or not the 
 Warden has advertised for bids before letting contracts for 
 supplies? 
 
 A. I never saw an advertisement for supplies. I could not 
 say that he has not done so, but I never saw an advertise- 
 ment published. 
 
 Q. By Mr. Alexander : Did he advertise for bids on con- 
 tracts ? 
 
 A. Yes, sir, always. That is, I believe always. I have 
 seen those advertisements frequently. 
 
 Q. By Mr. Patten : Who does the purchasing of supplies? 
 
 A. The Warden. He is presumed to do it, with the assist- 
 ance of the Clerk? 
 
 Q. Doeshe ever have his book-keeper make out requisition 
 or estimate for provisions ? 
 
 A. I don't know that he does. 
 
 Q. How does he purchase it, in bulk ? 
 
 A. Yes, sir. Buy a crop of potatoes, two or three hundred 
 barrels of potatoes. Get a contract for meat, five thousand 
 pounds of bulk meat, fifty barrels of beans. 
 
 Q. Now, suppose he buy a lot of bulk meat, what facilities 
 have you for taking care of it ? 
 
 A. They had several thousand pounds together there at one 
 time. Had swinging platform so that the vermin would not 
 reach it, and dry salted it. 
 
 Q. By Mr. Hobson : What do they buy corn for? 
 
 A. To make bread and hominy. 
 
 Q. Where do they grind the corn? 
 
 A. In the prison mill. 
 
 Q. At the time you was Deputy Warden there, did they 
 bolt their meal in the mill. Where is the meal bolted, or is it 
 bolted at all ? 
 
113 
 
 
 
 A. If it is bolted at all, it is in the mill, I think. 
 
 Q. Do you know whether the meal was bolted ? 
 
 A. I could not say positively, but think it was. 
 
 Q. Have you ever eaten any of the bread ? 
 
 A. Yes, sir. 
 
 Q. Do you think that is bolted meal or not? [Showing sam- 
 ple bread.] 
 
 A. I would not call that bolted meal, but it resembles very 
 closely the kind of bread we have there. I w,ould not call that 
 bolted meal for commercial purposes. It is bolted in a man- 
 ner. The husks are taken out of it. 
 
 Q. Do you know how much feed came away from that mill 
 that was fed to the cattle ? 
 
 A. No, sir, I do not. 
 
 Q. How many cattle are kept there ? 
 
 A. I suppose, altogether, about five or six head at a time. 
 The State don't own any cows. They own some horses ami 
 mules. 
 
 Q. By Mr. Patten: What do you do with the slops from 
 the prison ? 
 
 A. The slops were fed to hogs owned by the Warden when 
 there were any hogs at all, and if not, hauled out and wasted. 
 
 Q. Where are the slops going now ? 
 
 A. I don't know, sir. There was a vat made outside to re- 
 ceive slof)s. They were poured through a funnel in the wall 
 into a vat. 
 
 Q. What kind of a place does that create out there on 
 drainage? 
 
 A. It is riot wasted in that way. When it is hauled out for 
 waste it is taken out to some place where it will wash. Some- 
 times we buried the slops. 
 
 Q. Could not these slops be utilized in some way ? 
 
 A. Well, maybe; four years ago, \\jhen the Investigating 
 Committee was here, the question was raised about slops, and 
 the Warden and the Board of Directors thought they would 
 offer slops for sale, and they advertised for bids, I think, thirty 
 days, and in the meantime slop was being wasted and buried, 
 and no bid was made. The slops was wasted for three or four 
 months. Finally, the Warden bought some hogs and fed them 
 with it. 
 
 8 PKISON. 
 
114 . 
 
 Q. By Mr. Hobson: What do they do with the empty 
 barrels ? 
 
 A. I do not know, sir. 
 
 Q. About how many accumulate in a day or week? 
 
 A. I suppose it would average about one barrel a day 
 twenty-five or thirty a month. The business of the prison in the 
 office, and the conducting of its finances and accounts and its 
 supplies, I had nothing to do with. I was simply expected 
 to look after the discipline of the prison, and to see that con- 
 victs were properly cared for, that they performed their work r 
 seeing that they behave themselves, and that their relations 
 with contractors were legitimate and all right. I had no busi- 
 ness in the prison office, except I was called in for something. 
 Only book I handled was convict register. 
 
 Q. You don't think it possible or probable for a man to 
 have been reported sick, and at the same time at work in the 
 shop? 
 
 A. There would be no object in reporting him sick. If he 
 was sick, all he had to do was to go to cell-house and lie down. 
 
 Q. Could not he have been reported sick and kept in shop 
 working all day at outside work? 
 
 A. If he was disposed to be a thief, I suppose he could find 
 his way of doing it, but every foreman in the shop would know 
 all about it. There are daily reports by the guard, giving 
 number of men under guard, number of sick, giving reason 
 why men are not employed, etc. 
 
 Q. If he was to tell you he was reported sick and was at 
 work, and asked the Doctor why he was reported sick and 
 said: " I am not sick," and the Doctor said: "Well, you know 
 why," would you believe it as the truth ? 
 
 A. No. sir. 
 
 Q. By Mr. Patten: Is the Deputy Warden required to- 
 make a report in the morning of the number of sick and the 
 men detailed for labor? 
 
 A. The report of the sick is made from the hospital every 
 morning and every evening. The guard in each shop renders 
 report on printed form of number of men employed on con- 
 tract, and if all are not there, he explains the cause. That is 
 made directly to the Clerk. 
 
 Q. Suppose the guard was derelict in his duty and failed to 
 do that or make false report, how is it tested? 
 
115 
 
 A. I don't know that there is any systematic test made of 
 it, but I say it would be impossible to do a thing like that with 
 any convict. 
 
 Q. Supposing guard makes report of so many men, suppose 
 some man is off duty and he wants to shield him, how would 
 you know that all your men were not on duty unless you com- 
 pared the number of men at work and the number in the hos- 
 pital ? 
 
 A. The Warden and Clerk are supposed to do this. They 
 get these .statements. 
 
 Q. What becomes of the reserves, the old, those unable to 
 work how is that accounted for? 
 
 A. That is accounted for on the report similar to what the 
 shop guards make, but made out specially for cell house guard. 
 By Mr. llobson : 
 
 Q. It seems to me you keep these men in the cell too much. 
 
 What is the reason for that ? 
 
 % 
 
 A. Well, I am not prepared to say it is actually necessary, 
 but I think lounging around the shops is detrimental to good 
 discipline. There was a time, after the failure of the South- 
 western Car Company, when all convicts were idle for several 
 months; then we herded them in the shops with several guards 
 over them. 
 
 <>. State how many guards are necessary .and have been 
 kept. 
 
 A. 1 can't say exactly, but my recollection is that the aver- 
 age during the number of years that I was there would be 
 about 30. 
 
 Q. State how these guards are selected. 
 
 A. I do not know ; I know thev come on the recommeuda- 
 
 7 i * 
 
 tion of Directors and others, but I do not know what influ- 
 ences are used. The Warden has the power of appointment. 
 
 Q. Did you ever hear that the guards claimed that they 
 were charged a fee or bonus for their place ? 
 
 A. Xever heard an intimation of that sort. 
 
 Q. If there was such a thing, I -suppose that would be made 
 known when the guard was discharged. 
 
 A. Yes, sir; if it was a violation of contract I presume the 
 guard would squeal. 
 Mr. L. F. Cain, having been duly sworn, testified as follows : 
 
 Q. By Mr. Patten : State what relation you have sustained 
 to this Prison. 
 
no 
 
 A. I was moral instructor from 14th of July, 1883, to 15th 
 of September, 1886. 
 
 Q. In our investigation we find that a convict named Sand- 
 ers has paid you $10 in money ? 
 
 A. Yes, sir. 
 
 Q. Will you state just what that was for ? 
 
 A. I don't remember just exactly the date Mr. Sunders paid 
 me $10. I did some work as attorney made a trip, I believe, to 
 his home to fix up some pension papers, etc. I was Hospital 
 Steward and Physician for six months, and during the time I 
 was here I was admitted to practice at the bar. The money 
 was not paid to me at the time I was Chaplain. 
 
 Q. State if you were here two years ago, when the Warden 
 was re-elected, and if you have any knowledge of any corrupt 
 means being used in that connection. 
 
 A. Well, I saw no money change hands in that election of 
 Warden. I have no positive knowledge of money changing 
 hands. 
 
 Q. You have no knowledge of your own, have you any 
 knowledge of any corrupt transaction? 
 
 A. I have heard it, of course, currently reported that money 
 was used. The nearest positive information is such as I have 
 given to a member of this Committee. I believe that Dr.. 
 Hunter told me himself. 
 
 Q. Who was Dr. Hunter ? 
 
 A. He was at that time one of the Prison Directors. 
 
 Q. Now state what he said to you. 
 
 A. I think he said it to me himself. I am not sure whether 
 he said it or whether 1 got it second-hand, but I am of the im- 
 pression that he told me himself, that a gentleman came into- 
 his office and asked him if h*- would cast his vote for a gentle- 
 man for Warden for the consideration of $8,500. He told him 
 he was not that kind of man; if that was his business, he could 
 leave his office. He offered the money in behalf of Captain 
 Craig, who was then Deputy Warden. 
 
 Q. Have you any know-ledge of corrupt practices or at- 
 tempted practices between Mr. Howard and the Directors ? 
 
 A. None, save rumor. 
 
 Q. What kind of a rumor do you mean ? 
 
 A. Just simply a general report. 
 
 
117 
 
 Q. By Mr. Alexander: State if you did not write a book 
 on the prison and its management when you went out. 
 
 A. I have a book now, pretty nearly ready for the press, in 
 regard to the State Prison, concerning the treatment of con- 
 victs, and the weak places in the law, as I regard it, as to the 
 moral instructor, the way he is hampered. 
 
 Q. By Mr. Patten : Do you remember a man by the name 
 of Goodwin ? 
 
 A. Yes, sir. 
 
 Q. When was he discharged ? 
 
 A. Pretty soon after Governor Gray's administration began. 
 
 Q. Did you do anything in getting his discharge ? 
 
 A. He asked me to work for him. I told him I would if I 
 could do any good. He gave me $15. I made three trips for 
 him to Indianapolis, and went to New Castle and disposed of 
 his property for him. His wife paid me the $15. Goodwin 
 said when he received his pardon he would settle with me. It 
 cost me $65 in expenses. I worked persistently to receive the 
 pardon for him because I thought he needed it. When he was 
 pardoned I supposed he would come and see me. As he did 
 not, I went down to his residence, but found nobody at home 
 at Mr. Goodwin's, and learned that he had gone West. 
 
 Q. At what time was that ? 
 
 A. Part of the work was done just before Governor Porter 
 left. 
 
 Q. You did the work while you was Chaplain ? 
 
 A. Yes, sir; I did. 
 
 Q. State if that was a custom of yours, while you were 
 Chaplain, to be using your influence in getting pardons? 
 
 A. I have assisted a good many. I got up briefs of the 
 cases, and would also get petitions, where the convicts were 
 not able to employ an attorney. In all, I did not receive more 
 than $50 to $65 from them. 
 
 Q. Did you usually receive pay for it ? 
 
 A. Sometimes I did, and sometimes I did not. In the ma- 
 jority of cases they were not able to pay, and that was the rea- 
 son I assisted them. 
 
 Q. State if you did not intend to publish your book right 
 away after you left the prison. 
 
 A. Yes, sir. 
 
 Q. Why didn't you do it? 
 
118 
 
 A. I intended at that time to get the book out before the 
 election in pamphlet form, but the pressure of the work when 
 I went to Salem was such I could not possibly get it out before 
 the election. Then I decided to get it out in book form. That 
 was the only reason of that, sir. 
 
 Q. State whether or not you ever received or were offered 
 a consideration from the authorities here not to publish that 
 book ? 
 
 A. Never ottered a cent. It never was mentioned to me by 
 any officer of this Institution, except the physician, and he 
 and I are good friends. He said he wanted a copy of the book, 
 and I asked him for his photograph to be put in the book. I 
 received a present a short time after I left here, as was always 
 the custom with Chaplains. I received a gold watch, charm 
 and cane. 
 
 Q. Bv Mr. Alexander: This book had reference to the 
 
 */ 
 
 moral instructor being hampered by the Warden or Directors; 
 in what respect? 
 
 A. No, he is hampered by the State laws. The Chaplain, 
 under the law, can not enter this institution without permis-" 
 sion from the Warden. He has no more right than a convict 
 has. I had no right to visit a shop without special permission 
 from the Warden. I oft'ered to teach in school if they would 
 furnish the men, but there is no place where school could be 
 taught. I never had the men or received the men in a place 
 where I could teach. 1 have no authority to go into a cell. It 
 simply puts us here to do what the Warden and Directors al- 
 low, and nothing else. 
 
 Q. By Mr. Pleak : Is there any rule of the Prison prevent- 
 ing that? 
 
 A. The rule of the Prison has always been that the Chap- 
 lain could have access to the hospital and go around the Prison 
 ground, but there never was a rule which permitted the Chap- 
 lain to take a man away from his work. The ruling is always 
 that the Chaplain had no right to enter the institution. Of 
 course, I came in and out pretty much as I pleased. 
 
 Q. You were never prevented from going in? 
 
 A. No, sir. The law provides that the Chaplain shall buy 
 new books. I purchased about two hundred and twenty-five 
 dollars' worth of books out of the library fund while I was 
 here. I was here three years and three months. 
 
119 
 
 ' -Q. Did that exhaust the fund? 
 
 A. Oh no ; we had during the Exposition 500 or 600 visitors 
 a day. 
 
 ; Q. By Mr. Sinclair: Strike an average as to the number of 
 paying visitors. 
 
 A. The year I was here was during the Exposition. I 
 would put that in at ten a day. I put that as a minimum 
 rough guess. 
 
 Q. Can you suggest any needed improvements '! 
 
 A. I have preached in that chapel when the men were 
 actually in a suffering condition because of the cold in the 
 winter time. I have preached in the summer time when I have 
 had as high as live men prostrated by the heat because of the 
 iron roof. 
 
 George W. Miller, being duly sworn, testified as follows : 
 
 Q. By Mr. Patten : Where do you reside? 
 
 A. Martinsville. 
 
 Q. How long have you resided there? 
 
 A. Since '73. 
 
 Q. Where did you reside before that time. 
 
 A. 1 was born and raised in Hendricks County. 
 
 Q. State if you are acquainted with Mr. A. J. Howard, 
 Warden of the Penitentiary South ? 
 
 A. Yes, sir. 
 
 Q. How long have you known him ? 
 
 A. I first met Mr. Howard on the 8th day or March, 1883. 
 
 Q. Under what circumstances ? 
 
 A. I was sentenced to the Southern Prison to serve a term 
 for three years; was there twenty-eight months. 
 
 Q. What was the charge against you ? 
 
 A. Procuring an abortion. I was afterward pardoned out 
 by the Governor. 
 
 <i. State if you was in and about the office at the Prison ? 
 
 A. Yes, sir; I had a great deal of liberty there. 
 
 Q. State if you remember the time when the Warden was 
 re-elected ? 
 
 A. Y'es, quite well. 
 
 Q. Do you know anything about that transaction ? 
 
 A. As I heard it from an officer of the Prison. Although 
 I had a great deal of privilege, personally the things I am go- 
 ing to relate I don't know, except as I got them from one of the 
 
120 
 
 officers of the institution. He told me one night ; the Hospital 
 Steward, by name, John C. McFaddeu. He came there after the 
 death of Dr. Jesse McClure and took his place. One night he 
 took me out after office hours and after the lights were blown 
 out, and all should have been abed. I was chief nurse in the 
 sick ward of the Hospital Department, and this McFadden 
 took me out into his room, unlocked the doors contrary to 
 rules, and took me out there. He had a jug of whisky out 
 there and we got a little exhilerated. One of the night guards 
 came up and we had a general good time ; had a lunch and 
 smoke. 
 
 Q. Was that outside of the prison ? 
 
 A. It was in a room adjoining the hospital department, not 
 outside of the walls. While we were drinking out there, this 
 question came up, not only once, buta number of times, as to how 
 Howard was re-elected, and McFadden and I talked about how 
 it happened, how a man of his reputation ever happened to be 
 re-elected. McFadden says: "I can tell you all about it. I 
 was a ward of Senator William Raum, of Evansville, and was 
 in his office a great deal, studied medicine there, graduated 
 there, and once while in his office Raum told me to take a dis- 
 patch over to the telegraph office and send it, and that dipatch 
 read: ' Dr. H. H. Norvell, Bloomfield, Greene County: Sir 
 If you have concluded to let me have your corn draw on me 
 for four thousand dollars.' He said the dispatch came immedi- 
 ately back and he carried it to Senator Raum. 'I have drawn 
 on you this day for four thousand dollars. H. B. Norvell, 
 Bloomfield, Greene County.' He said that Billy Raum threw 
 up his hands and laughed, and said: 'Jack Howard is the 
 next Warden of the Southern Penitentiary.' I asked him 
 what 'corn' meant? He said : 'Never an ear of corn passed 
 between them. He was the man who negotiated for Norvell's 
 vote. He stood between Norvell and Howard, and he negoti- 
 ated with this man Norvell for Howard for the next Warden.' : 
 I told Howard about it afterward myself, while I was a pris- 
 oner, and Howard told me "everything was fair in war and 
 politics." 
 
 Q. Proceed with your statement. 
 
 A. Howard told me that W. D. H. Hunter, another one of 
 the Directors, was a stubborn fellow, and had been offered a 
 round sum to vote against him, and that he would not vote 
 
121 
 
 against him nor for him, from the fact that he had a man of 
 his own he wanted to elect as Warden, and Hunter would not 
 do anything only stick to his own man, and h'e was mad be- 
 cause Norvell changed from his own man to Howard, and that 
 Dr. Hunter left in disgust, would not stay any longer. Major 
 Finney, a Republican, was a Director at that time, and I think 
 went out that day or the next. At any rate, he remained Di- 
 rector just long enough to vote for Howard, and it is currently 
 reported that he received $2,000 for his vote. 
 
 Q. Who reported it? 
 
 A. There was a convict in the penitentiary by the name of 
 Ignatius Buchanan, to whom the guards gave every confi- 
 dence told him more, probably, than they would tell any free 
 man in the town ; in fact, he knew everything that passed 
 on the outside, and Buchanan told me that the guards gave 
 him to understand that Finney got $2,000 for his vote, and it 
 was generally conceded. Oh, well, the question as to the War- 
 den's sell was never questioned; it was conceded there by 
 everybody. 
 
 Q. What do you mean by saying the report was never ques- 
 tioned ? 
 
 A. We always wanted to know what authority there was 
 for a report first, and Buchanan said a guard told him, and 
 that settled it. 
 
 Q. How did the guard come into the confidence with these 
 men? 
 
 A. We did not know anything about that, but there was 
 Mr. Cooper and Mr. Jamison ; in fact, there was not a guard 
 but he was specially confidential with Buchanan ; they brought 
 him a bottle of whisky nearly every day, contrary to rules. 
 
 Q. Do you remember the day on which this election took 
 place ? 
 
 A. No, I could not give the day. 
 
 Q. Did you ever hear any other report only this from Mc- 
 Fadden as to the telegrams between Senator Raum and Nor- 
 vell? 
 
 A. That is all. 
 
 Q. Was that the first time you heard it ? 
 
 A. Yes, sir ; that was the first rumor. 
 
 Q. And from McFadden's statement it became a rumor ? 
 
 A. Yes, sir. I asked Howard about it, and he said : "Every- 
 
122 
 
 thing was fair in war and politics." He said it in a jocular 
 manner. 
 
 Q. Don't yo"U suppose if it was a fact that he did that, and 
 you spoke to him about it, that he would have been surprised 
 and wonder how you knew it? 
 
 A. He asked me how I knew it. I told him it came from 
 McFadden. I said: "If McFadden is telling these things 
 about you, why do you retain him?'"' He said, "Oh, well, 
 sometimes on account of favors we keep men here we do not 
 care to keep, but we rather have to keep them." 
 
 <,). Did he deny it? 
 
 A. In a jocular manner only. He told me, "All was fair 
 in war and politics." 
 
 <,). Did you ever hear him seriously deny the charge? 
 
 A. Ob, no, sir. What I say is all he said about it. 
 
 Q. State whether or not that was after the Legislative In- 
 vestigating Committee went down there two years ago. 
 
 A. The conversation I had with Captain Howard was after 
 the Committee was there. 
 
 Q. Then the Committee had been there before McFadden 
 made this statement ? 
 
 A. Yes, sir. 
 
 <>. Do you know personally of any money transactions be- 
 tween the Directors and the Warden? 
 
 A. ]No, sir. 
 
 Q. You say Mr. Finney voted for Mr. Howard ? 
 
 A. Yes, sir. 
 
 (}. Did you ever have any talk with Mr. Finney ? 
 
 A. Oh, frequently. 
 
 Q. Did you ever have any talk with him in reference to 
 why he voted for Mr. Howard ? 
 
 A. Oh, no, not at all. 
 
 Q. You don't know from any other source or any other 
 persons any facts in connection with this bribery? 
 
 A. I will leave that point open, if you please. I will state 
 at this present time I do not remember of any other. 
 
 Q. Are there any other facts in connection with the prison 
 you desire to state to the Committee ? 
 
 A. As to the Chaplain, L. F. Cain, I wish to say the law of 
 the prison, as I understand it, is that all the funds received 
 from visitors passing through there 25 cents each were to go 
 
123 
 
 to building up the library of the prison, and all money found 
 on the person of a prisoner, after he was once inside of the 
 prison, was taken for the same purpose, and that was consid- 
 erable from the trinkets they sold to visitors or money they 
 otherwise received. Xo prisoner was allowed to have money 
 on his person. The number of visitors who pass through there 
 in one year I have made a rough estimate of. I think it would 
 be sure to be at least that much, an average of live persons a 
 day. I have seen one hundred pass through there in one day. 
 And in all the two years I was there, there never was but one 
 batch of books bought, and they were principally medical 
 books, because the Chaplain was then studying medicine, and 
 he bought these books for himself and charged them up to the 
 fund. He bought Gray's Anatomy. The kind of book he 
 bought, the way it was bound it was a poorty bound book 
 probably cost f 3.50. It was charged at $6 or $6.50 to the State, 
 and when I told him it was rather extravagant for that book,, 
 he said, "Oh, well, that is customary," and laughed over it. 
 Judging from that, if the other books cost that way, they were 
 rather costly books. But the books he got that time would 
 probably have cost $40 or $50. That was right under my su- 
 pervision. I would often go through the library, and in all 
 the time I was there that was all the books ever bought. Evi- 
 dently there must have been $300 a year library fund, but what 
 went with it I could not tell. 
 
 Q. By Mr. Alexander: State if you know anything about 
 Chaplain Cain was dealing in procuring pardons. 
 
 A. Chaplain Cain told George W. Fort, of Hancock Coun- 
 ty, that for $50 he would procure a pardon for him. 
 
 Q. Did you hear him state itV 
 
 A. I did. 
 
 Q. State whether or not that was at the time he was serv- 
 ing as Chaplain. 
 
 A. . Yes, sir, it was. At one time he called the lifetime men 
 together and told them if they would donate him so much 
 money, some considerable amount, I do not remember just now, 
 that he would go before the Legislature and he would procure 
 the passage of a bill making fifteen years a lifetime sentence : 
 and they gave him the money, and he went to Indianapolis, 
 and when he came back he laughed and said, if they don't get 
 their bill through he would get his bill through to raise his 
 salary from $800 to $1,400. 
 
124 
 
 Q. Do you know of any person who wcmld know something 
 about the amount of money he received ? 
 
 A. I did know, exactly; fifty or one hundred dollars, may- 
 be more. I know they donated pretty liberally. 
 
 Q. Did he claim to be a lawyer ? 
 
 A. Oh, yes, sir, but he claimed his influence was sufficient. 
 
 Q. State what intercourse the convicts might have with the 
 outside. 
 
 A. The guards would carry in whisky, not all of them, 
 but some of them would carry in whisky or anything else 
 that the men wanted to buy. The foremen of the contractors 
 would do the same thing in the shops. The trusties, of course, 
 carried in anything they might get hold of on the outside. 
 
 Q. What do you know, if anything, about any of the guards 
 and officials being drunk ? 
 
 A. I have seen Captain Howard drunk fifty times, I guess. 
 Not down helplessly drunk, but intoxicated. I have seen Dr. 
 McFadden, the Hospital Steward, so drunk I put him to bed, 
 I don't know how many times. I have seen Mr. Jamison, the 
 guard, when he was drunk. 
 
 Q. What do you know of any one having c"harge of the 
 keys and getting drunk, so that a person not intoxicated could 
 take the keys? 
 
 A. Well, Dr. McFadden would get drunk, and I have taken 
 his keys and carried them in my pocket for half a night. I 
 could have let out all the persons in the hospital department 
 attendants, sick men and all, without his knowing anything at 
 all about it. I would put him to bed. 
 
 Q. Was that a frequent occurrence ? 
 
 A. Oh ! yes, sir. 
 
 Q. By Mr. Fatten : Was this traffic going on with the 
 knowledge of any of the officers this carrying in of whisky, 
 etc.? 
 
 A. Yes, sir; I told Captain Howard. It was my duty to 
 report to him how the Hospital was conducted. 
 
 Q. How were you treated ? 
 
 A. I never received a cross word from anybody except Dr. 
 McFadden. Dr. Graham, I wish to say as we go along, was a 
 noble man. I seemed to be preferred. Dr. Graham would call 
 on me when he wanted any consultation rather than McFad- 
 den, and it made him mad. He tried to get up a scheme to get 
 
125 
 
 me into trouble. He tried to get Buchanan to take one dol- 
 lar's worth of opium down and tell a man named Lowrey that 
 I had sent it to him, but old Buchanan was too honest. They 
 found it out, and he said that McFadden gave it to him him- 
 self. It was against the rules to give out opium to persons un- 
 less it was a dose for prescription. In giving it in bulk that 
 way, of course, it would ruin me. For all that, McFadden 
 stayed until he got to drinking and carousing about so that 
 Captain Howard quietly asked him to resign. 
 
 Q. By Mr. Alexander: What about this man Buchanan 
 having his money taken from him? 
 
 A. Buchanan, Ignatius Buchanan, frequently told me as to 
 having deposited the amount when he went there, and his 
 trunk and gold watch. He told me what pages the entry was 
 made and about Shuler stealing his money, and about Captain 
 Howard covering up the steal and having the pages torn out, 
 a,nd so on. He had some $8,300 in all. 
 Q. He wits a convict? 
 
 A. Yes, sir; life-time; he went from here. 
 
 Q. What leaves did he say were torn out? 
 
 A. The entries 66, 69 and 71 of the cash book. 
 
 Q. By Mr. Patten : Who cut the leaves out? 
 
 A. I could not say that. Captain Huette went to look it up 
 for him on the sly, t see what was coming to him. It seems 
 Huette was rather friendly to Buchanan, and he found it out. 
 
 Q. Did Mr. Huette ever say anything about it? 
 
 A. Clerk Huette told me that the leaf was cut out, and he 
 could not tell about it. \ 
 
 Q. By Mr. Alexander: What about this man O'JSTeil who 
 was found dead? 
 
 A. I can only refer to prisoners who told me. They were 
 acquainted with that transaction. James Hudson, Oram Batey 
 and Ignatius Buchanan, all life-time men, and McDonald Cheek. 
 They said he was found dead, hung up to the door, after 
 begging to be let down. 
 
 Q. Did they say what he was punished for? 
 
 A. Some infraction of the rules; I don't remember what the 
 specific charge was. 
 
 Q. Do you know anything about a man being burnt in the 
 furnace ? 
 
 A. I heard that frequently. That happened before I came 
 there. 
 
126 
 
 Q. What about the convict who is said to have escaped to 
 Tennessee ? 
 
 A. That is the man who should have been burnt in the fur- 
 nace. It was reported that he had escaped to Tennessee, wheu y 
 in reality, as report has it from these prisoners I have named, 
 that a guard struck him too hard and killed him, and they 
 could not bury the body for fear of investigation, and took it to 
 the furnace, made the firemen and others leave. When they 
 came back they found evidence of a man having been burnt in 
 the furnace. Then it was reported he went away. Pieces 
 would come out in the Tennessee papers about the man having 
 been heard from, and so on, and Captain Howard is said to 
 have sent detectives down there. 
 
 Q. Do you know these engine men ? 
 
 A. These men I speak of could tell you that ; I can not. 
 
 Q. By Mr. Patten : What evidence did they discover there y 
 as reported, of his being consumed in the furnace? 
 
 A. It came to me that they came there, and thought it a 
 very singular transaction that they should have them go away 
 at such a time ; it was in the night time, and when they came 
 back they looked to see what they might have been doing, and 
 they found evidence of the remains of a person who had been* 
 burnt in the furnace. 
 
 Q. How long did they stay away ? 
 
 A. A couple of hours. 
 
 < v >. [s there any other matter you wish to speak of? 
 
 A. You ask the same men I have named about Dave Allen 
 taking a lot of fluters, fluting irons, worth $1.50 or $2 apiece. 
 Everybody knows as well as they can know ai)3'thing that 
 never came out positively that David M. Allen stole a couple 
 of hundred or so of them, and was about to get caught in the 
 transaction, and he had a life-time convict, a nigger named 
 Dave Roper, from Terre Haute, say that he stole them, with 
 the promise that he should have a nice position. Roper did go 
 out and swear that he stole those irons, and since that time he 
 has been head cook. He has the privilege of tinkering about 
 and doing as he pleases. He makes toothpicks and such trink- 
 ets, and sells them, and does as he pleases. He is a fractious 
 fellow, and if it were anybody else would be in trouble fre- 
 quently, but they do not punish him at all. Captain Allen has 
 him in charge, and it is generally conceded that is the reason 
 
127 
 
 of it that Captain Allen would get him a pardon, and give 
 him a good position while he was there. 
 
 <^. By. Mr. Sinclair: Is there any other transaction that you 
 know of? 
 
 A. Do you know anything in regard to the dairy ? I worked 
 at the house, that is, superintended out there and the cows 
 now I won't say positively they were State cows they were 
 reported to be. The convicts took charge of them and milked 
 them, 7 or 8 very fine cows, and they carried the milk to the 
 house, and the milk that was taken up to the hospital, about 
 probably a gallon a day, was charged up to the State, and the 
 Directors allowed pay for it right along, and they sold milk, I 
 guess to twenty families around there, and appropriated the 
 money, put it down in their pockets. I thought it was a little 
 singular that it should be so was the reason I took notice of it. 
 
 Omer T. Bailey, having been duly sworn, testified as follows : 
 
 < c ). By Mr. Alexander: How long have you been here? 
 
 A. Nearly sixteen years. 
 
 Q. What county did you come from ? 
 
 A. SVell, my home is in Dearborn; I came from Franklin. 
 
 Q. For what crime ? 
 
 A. I was implicated with being accessory to a murder com- 
 mitted there. Sent here for life. 
 
 Q. What place did you have when you first came here? 
 
 A. I was on the contract in the pattern shop, 
 
 ',). Did you ever have charge of an engine? 
 
 A. Yes, sir; I had charge of one while it remained in the 
 wash house. Have one now there. 
 
 <.,). I would like to call your attention to a particular time, 
 I don't know just when it was, and ask you about the circum- 
 stances, when some man was punished for some offense, and 
 died and never was buried do you know what became of that 
 
 man ? 
 
 A. You ask too many questions in one; I will tell you as 
 far as I know in regard to that matter. There was a man here 
 that underwent punishment, and was found dead, hanging at 
 his door ; I think his body was buried out here in the grave- 
 yard ; I don't know that he was, but he was carried out. 
 
 <,). What was his name ? 
 
 A. His name was O'Neil. 
 
 tj. You say he was taken out of the prison yard and buried? 
 
128 
 
 A. Well, that was the supposition that he went out. We 
 see the coffins go out, and the ambulance, and suppose the man 
 went out. 
 
 Q. You say he was found dead did you see him ? 
 
 A. I seen him after he was dead; I didn't see him when he 
 was hanging at the door. He had heen there all night from 
 the day before. 
 
 Q. Do you remember the season of the year know what 
 kind of weather there was ? 
 
 A. Xo, sir. I could not give you any definite answer, 
 because it has been sometime ago. 
 
 Q. Do you know whether he was white or not? 
 
 A. I don't know. I think he was white. . x 
 
 Q. Did you ever have any conversation with the officials, 
 about it ? 
 
 A. There was a general talk throughout the prison about 
 the man. The rumor was the Doctor had excused the man 
 from duty, and sent him as an excused man to the cell-house. 
 He was ordered to be strung up by the officials, and found 
 dead in the morning at breakfast time. 
 
 Q. Did they lay him out ? 
 
 A. They took him to what is called the dead-room, attached 
 to the Hospital. 
 
 Q. What was the rumor hereabout the prison as to whether 
 he was ever buried or burnt? ' 
 
 A. There was a great many versions about it. Some were 
 Under the impression the majority that die here their bodies 
 go to the Louisville Medical College. At one time for a long 
 while I had charge of the graveyard out there. I used to make 
 coffins. I heard rumors of that kind, and when there was to 
 be a burial I would go and strew sticks and straws about the 
 grave, and would go out the next morning, and in a good 
 many cases they had been disturbed. I have seen men sitting 
 right up on the railroad track. They were piping oft' the place 
 we were planting the man, in order to have their chance of 
 getting the bod} 7 . 
 
 Q. At any time you had charge of the furnace or engine, : 
 state whether or not you ever found any bones, or what you 
 thought were the remains of a human being. 
 
 A. Well, there was a circumstance took place here that was 
 previous to the O'Neil business. There was a man by the 
 
 * 
 
129 
 
 name of Goddard. He was a twenty-one-year man. He was 
 a man pretty high strung, and so considered, still, a good fel- 
 low to get along with. I remember he got the displeasure of 
 some of the guards in some way or other, and, after his day's 
 work was done, they took him to punish him. He was a man, 
 I guess, had never been in the habit of letting any one do that 
 without making resistance, and he resisted, and they got away 
 with him. I know this much about it. It was out and was 
 common talk that Goddard was dead, and everybody knew he 
 was enjoying good health when he was taken from his day's 
 work the evening before. I couldn't tell all the rumors that 
 was afloat. Some rumors was out that he resisted, wouldn't 
 allow them to punish him and they hit him a little too hard 
 arid killed him. That was the common rumor. I don't know 
 personally that this happened. At that time I was running 
 the laundry, and the boilers that supplied the steam was in the 
 center of the yard down there. I went down there in order 
 "to get the fireman to put on more steam. He was out of 
 sorts, and cut me off very short. He said, " I would like 
 to know how a man is going to furnish steam when the boiler 
 is burnt," and called my attention. I looked in the boiler, 
 and there was a -blister, or cat-face, on the boiler the shape of 
 my hand, what is called a cat-face. There must have been ex- 
 traordinary heat there and had burnt it. I said, "What 
 caused it?" He said, "Ain't them bones there enough to 
 satisfy you ?" and "that's burnt meat." They did that, and 
 he mentioned certain parties. 
 Q. Whom did he mention ? 
 
 A. lie mentioned D. M. Allen for one, Mr. Kennedy, the 
 guard, for another ; and Arthur Hilliard, who was guard here, 
 had charge of the cell -house at that time. I took a stick and 
 punched the bones and meat around, and looked at them. I 
 I said that was curious kind of meat. He said: "I should 
 think so. There is where Goddard went in, right there, and 
 was burnt in the furnace. They came here last night, and me 
 and my partner was told to go away and keep away for two 
 hours until they accomplished their object." 
 
 .Q. Who told them to go away ? 
 A. Mr. Allen had that place in charge, and told these 
 men the fireman and assistant to go off about the kitchen 
 
 9 PRISON. 
 
130 
 
 and stay there, and said: "When we want you we will call 
 for you," and these men come there and found the bones. 
 
 Q. The rumor was Grodd.ird died very suddenly; was it 
 said that he was buried? 
 
 A. The rumor has it Goddard died very sudden, but there 
 was no such thing as the body being taken out. 
 
 Q. When a man is buried, is there anything put about his 
 head, giving his name? 
 
 A. There is a small board; they generally put their name 
 on them. 
 
 Q. This is before you had charge of the grave-yard ? 
 
 A. No ; that was after they had taken it off my hands. I 
 had more duties to perform than I could possibly do. 
 
 Q. Have you ever made an examination to see whether 
 Goddard's grave was marked in the grave-yard ? 
 
 A. I never seen it, although I have been there a hundred 
 times since. 
 
 Q. These bones you saw, what kind of bones were they? 
 
 A. They looked to me nothing like animal bones. Looked 
 to me more like bones from man's wrist and ankle bones. 
 
 Q. By Mr. Patten : Did you see any skull ? 
 
 A. There was a kind of cinder there, big as a half-gallon 
 measure ; peculiar kind of substance. 
 
 Q. By Mr. Alexander: Did you see anything that looked 
 like the back bones ? 
 
 A. I couldn't tell you. I am not so well acquainted with 
 the anatomy of a man, but the bones looked different from 
 animal, and, from the remark he made, I scrutinized them a 
 little closer than what I would otherwise. 
 
 Q. What was his name ? 
 
 A. This man was named Robert Roscoe. 
 
 Q. What became of him ? 
 
 A. He is down here now near Bedford. He is a farmer. 
 Put in ten years' sentence here. 
 
 Q. Did you ever hear Allen, or anybody else with Allen, 
 have a conversation about this mau, as to what became of him ? 
 
 A. No, sir. He never had much use for me Mr. Allen. 
 I don't know for what reason. I suppose he thought I was a 
 little too close an observer for him. 
 
 Q. Did these guards mention it? 
 
 A. No, sir; none of them ever mentioned it. Of course, 
 
131 
 
 there was general rumors and talk about it among the men, 
 but nothing that I could give you accurately. 
 
 Q. How long ago was it that this happened when you saw 
 these bones in there ? 
 
 A. It was somewhere, I believe, in '75 or '76. 
 
 Q. Who was the Warden at that time ? 
 . !A. Captain Howard. 
 
 Q. Who were the Directors ? 
 
 A. I believe Captain John Kirk, from Madison, was one ; I 
 am not able to tell you. 
 
 Q. .Did you ever have any talk with these guards or officials 
 of the Prison in regard to the matter; when you thought their 
 suspicions were raised, did you ever mention the case? 
 
 A. I have told certain guards myself what I knew about it. 
 1 believe I told Mr. Cox about it and the Clerk. 
 
 Q. Did Allen ever say anything about it to you'r 
 
 A. No, sir; but he appeared to have a spite at rue, and he 
 . would vent it out at me ; sheared me of many privileges I had. 
 I couldn't approach him, no matter on what subject, and when 
 sent to him direct by the Warden, but he would give me the 
 bluff and cut me short, and do everything he could to brow- 
 beat and intimidate me. I have heard him say, "There is 
 Bailey; it wouldn't do to let him know anything;" that was 
 the way he would get it off. 
 
 Q. What are the names of these persons who know about 
 this matter ? 
 
 i 
 
 ; :A. There is Henry Caldwell, colored, had more or less to do 
 around the furnace, and is said to have seen the man put right 
 in ; he is a river man, and is. at Evansville, or Henderson, Ky.; 
 and there was another man, Paul Abel, now at Seymour ; he 
 was the assistant fireman. 
 
 Q. Where are these guards? 
 
 A. Kennedy is employed in the shoeshop ; Hilliard lives 
 here in Jeffersonville. 
 
 . Q. State what time it was in the morning when you went 
 there and found these bones. 
 
 A. Right after breakfast time. They should have done this 
 thing in the evening after the day's work, and after the prison- 
 ers had all gone to the cells. 
 
 Q. By Mr. Patten: Who was the guard that had charge of 
 him? 
 
132 
 
 A. I think Mr. Kennedy was in charge of the trip-harumer 
 shop, and think he was the man had charge of him. 
 
 Q. Do you know who the parties were that beat him? 
 
 A. These parties I have mentioned Captain Allen, Mr. 
 Milliard and Kennedy. They was in the habit; they come in 
 here, and if they choose to punish a man they went right 
 ahead and done it. 
 
 Q. Without any authority? 
 
 A. . Yes, sir. 
 
 Q. Can you fix the date this happened? 
 
 A. !N~o, sir. 
 
 Q. By Mr. Sinclair: Do you know it was during Howard's 
 administration ? 
 
 A. Yes, sir; because he came in with a vengeance and 
 made everything hop from the start. There has been some 
 terrible work done here, if it ever could be got out. All un- 
 necessary, too. 
 
 Q. By Mr. Alexander: When did you come here ? 
 
 A. I came here the 24th day of May, 1871. 
 
 Q. How long after you came was it that this happened? 
 
 A. Well, it was three or four years ; four years probably. 
 : Q. What season of the year ? 
 
 A. It was along in the fall, if I am not mistaken. 
 
 Q. Do you know of any other transactions like that hav- 
 ing occurred? 
 
 A. There has been a good deal of brutality shown here; 
 this case, in particular, of O'^Teil's. Why, I spoke with the 
 Doctor, and he told me himself it was a terrible thing and 
 rested on his mind day and night that the thing had occurred. 
 They claimed that Dr. Sherrod didn't excuse the man, and Dr. 
 .Sherrod went up to the Hospital and fetched down his books 
 and showed where he ordered the man to his cell and excused 
 him from labor during that day, and there was quite a wrangle 
 as to who was right and who was wrong. lie claimed they 
 had punished the man without his orders, when he had ex- 
 cused him. 
 
 Q. Do you know where O'Neil came from? 
 
 A. I do not, sir. He was here for larceny. 
 
 Q. What was Goddard here for? 
 
 A. He was here for manslaughter. 
 
133 
 
 Q. How long after you came in was it when this O'Neil 
 case happened ? 
 
 A. This O'lS'eil business happened six or seven years ago ; 
 six, I believe. I tell you they strung him up there. The House 
 Committee arrived here the afternoon the thing occurred, and 
 in the morning he was dead, when they first entered the Prison 
 to examine into things. 
 
 Q. By Mr. Patten : Had they any knowledge of his death? 
 
 A. I believe they held a post-mortem on him. Dr. Edmunds, 
 he was a physician that was on the Legislative Committee. I 
 believe their verdict was that the man died from congestion. I 
 suppose it would cause congestion to any man to be hung up 
 "by the wrists and stop the circulation. 
 
 Q. How long was he hung up? 
 
 A. I couldn't tell you how long he was up before they let 
 him down. They usually go to the Hospital in the morning 
 and the doctor passes on them, whether he excuses them or 
 sends them to the shops ; then in the afternoon, too, at 3 o'clock. 
 I don't know whether they hung him up in the morning or 
 afternoon. He was hung up there all night until the next 
 morning. 
 
 Q. By Mr. Patten : Can you give the names of the guards 
 who had charge of him? 
 
 A. This man, Arthur Hilliard, had charge of the cell house, 
 and he had a colored man with him when he opened the door 
 and the fellow was hanging there. This man was in the habit 
 of going with him. He is dead now, took very peculiar dis- 
 ease, no physician could understand it, and he passed away very 
 mysteriously, and the man looked like he was able to stand 
 anything. 
 
 Q. By Mr. Alexander : Did you see Mr. O'Neil after he was 
 dead? 
 
 A. Yes, sir, I seen him. 
 
 Q. Did you make any examination? 
 
 A. No, sir, just went in and seen him. 
 
 Q. Did you examine his wrists ? 
 
 A. No, sir, I did not. 
 
 Q. By Mr. Patten : What did Captain Howard say to the 
 Committee ? 
 
 A. Well, I don't know as I could tell you anything about 
 that at all. He always makes light of everything. Always 
 
134 
 
 . 
 
 tries to impress upon the Committees' minds they need not 
 believe a word anybody tells them. That has always been his 
 object laughing and ridiculing any statement man makes 
 before anybody, and it was almost as much as a man's life was 
 worth heretofore for him to make any statement at all to visitors 
 of any kind. 
 
 Q. Was any severe catting done ? 
 
 A. This man, Mungo, we all knew he received a terrible 
 castigation, because the blows could be heard in the yard. 
 Some say he was hit 50, others 100, and others counted 120 
 stokes. He was put in the Hospital and died. McDonald Cheek 
 called my attention to it. 
 
 Q. By Mr. Patten : How long ago was that ? 
 
 A. Somewhere in the neighborhood of the time this O'Neil 
 matter happened. 
 
 Q. State if the severity of the famishment has been abated. 
 
 A. Yes, within the last two or three years, it was nothing 
 to what it was before that. 
 
 Q. Who were the Directors at the time that occurred ? 
 
 i-1 
 
 A. I am not able to state. I saw his back and the flesh was 
 sloughing off from the effects of the cat. You could see the 
 blue streaks where the cat went. Chaplain Boring, of Paoli, 
 Orange County, knows about it. I went to him and said: 
 "Are you a humane man.'' He said: " Yes, I am, and I 
 can't stand this thing much longer. I am going to put a stop 
 to it, if there is a law in the land." This man, I think, has a 
 a memorandum of all the dates of things that occurred here. 
 
 Q. Where did Mungo come from ? 
 
 A. He was a transient man, supposed to be a half-breed 
 Cherokee Indian. I know men connected here who do not 
 want to express themselves. It is almost like signing a death- 
 warrant. 
 
 Q. Do you know of any men being punished after they 
 had made any statement ? 
 
 A. They would trump up some trifling excuse and punisb 
 him. 
 
 Q. Were you ever threatened if you said anything ? 
 
 A. ]STo, sir, but it was always considered if a man would 
 come before the Committee they would get even with him. 
 
 James M. Hudson, convict, having been duly sworn, testified 
 as follows : 
 
 

 135 
 
 1 
 
 Q. By Mr. Alexander: How long have you. been here? 
 
 A. Going on 21 years. 
 
 Q. Where did you come from ? 
 
 A. From Vanderburgh County, Evansville. 
 
 Q. What are you here for? 
 
 A. Mnrder. 
 
 Q. Did you know a man who was here in the prison by the 
 name of Goddard ? 
 
 A. I was not personally acquainted with him, but the name 
 is familiar. 
 
 Q. Can you call him to mind now ? 
 
 A. No, sir, I don't know that I can. 
 
 Q. What became of that man ? 
 
 A. I think he died here, some of them state. 
 
 Q. How long ago was that ? 
 
 A. Ten or eleven years. 
 
 .. Q. Do you remember about a man that was burnt up in the 
 furnace ? 
 
 A. It was said, but I don't know this to be a fact, it was 
 said that there was a man burnt here in the furnace about that 
 time. 
 
 Q. Was it only rumor that you know? 
 
 A. Just rumor, I don't know anything of the facts. 
 
 Q. Do you know anything about a man named O'lSTeil, who 
 died here ? 
 
 A. Yes, I helped carry him to the hospital. I was working 
 in the cell house. It was in May, six years ago, maybe longer, 
 maybe eight years ago. I was at work in this old cell house, 
 and Mr. Jack Hilliard was the day guard in there, and he says, 
 "Hudson, come here; there is a man up here I want you to 
 carry to the hospital." I went up on the range, and said, 
 " Where is he? " He said, "In there," and I stepped in. The 
 man was in there, dead, and I gathered hold of him with three 
 or four others, and we carried him to the hospital. The man 
 was dead. 
 
 Q. Was he strung up ? 
 
 A. I can't say. He had been strung up. I think he was 
 strung up then, but they had him down before I got there. I 
 took hold of the man after we got to the hospital ; took hold 
 of his arm, and his arm was stiff, just about in that shape [in- 
 dicating bent elbows, hands toward shoulder]. This part of the 
 
136 
 
 arm worked [above the elbow] and this [below the elbow] was 
 stiff. 
 
 Q. What did you notice about the wrists ? 
 
 A. I did not notice anything about that, but I knew the 
 man had been hung up there. 
 
 Q. What did the guard say about it? 
 
 A. They said that he had been sick that night. They did 
 not talk much about the matter with me. That was about the 
 talk. 
 
 Q. Did you hear Mr. Jack Howard say anything about it? 
 
 A. No, sir. 
 
 Q. How long had he been tied up there? 
 
 A. I think he had been up there eight to ten or fifteen days ; 
 I am not certain. 
 
 Q. What makes you think he had been there that long ? 
 
 A. There had been talk among the prisoners that such and 
 such a man had been up there so long. 
 
 Q. Do you know what became of him; did they bury him? 
 
 A. I can not tell you anything about that, sir; the last I 
 saw of him was in the hospital. 
 
 Q. What was his given name ? 
 
 A. I don't know, sir. 
 
 Q. What do you know about his being sick before being 
 put up there ? 
 
 A. I don't know anything particular about it. The man 
 appeared to be complaining. I had been up to the hospital 
 several mornings and saw him there. 
 
 Q. Just before this ? 
 
 A. Yes, sir, I think so. 
 
 Q. Was the man a large, robust man, or not? 
 
 A. He appeared to be a tolerably stout, hearty man, 
 medium size, I think. 
 
 Q. Do you know what kind of work he was at? 
 
 A. No, sir, I do not, but it appears to me like he was at 
 work in some machine shop. It runs in my mind that way. 
 
 Q. Did you ever hear the Warden say anything about it? 
 
 A. No ; a man talks very little to the Warden. 
 
 Q. Did you ever have any talk with the physician, Dr. 
 Sherrod ? 
 
 A. Yes, sir; I was quite friendly with him. Sherrod said 
 he died with heart disease. 
 
137 
 
 Q. Did you say anything to Dr. Sherrod about his being 
 strung up ? 
 
 A. He knew he was strung up. He was physician at that 
 time. Sherrod was mad about it. Sherrod didn't think the 
 man was in anyways dangerous. He had examined him the 
 day before. He didn't think the man was as bad as that. 
 
 Q. Did the doctor say he thought the man died with heart 
 disease? 
 
 A. That was what he lold me. I said, " Doctor, your man 
 is dead up there." He sajd, " Yes, I am sorry about it." I 
 said, " What was the matter with him ? " He said, " Heart 
 disease, I reckon." 
 
 Q. Did he appear like he believed it was heart disease ? 
 
 A. He just spoke it the way I tell you. 
 
 Q. Have you anything to state to the Committee? 
 
 A. Well, I don't know that I know of anything in partic- 
 " ular. 
 
 Q. Do you know of men having been punished for testify- 
 ing before legislative committees? 
 
 A. I expect there has been a good many punished the last 
 twenty years; not that alone, but they would pick up some- 
 thing to get them on. I don't want anything to do with them. 
 
 Q. Do they work you hard ? 
 
 A. They work me too hard. That brought on this paraly- 
 sis. I have to wear a heavy steel truss hurt when I was 
 molding. I was charring coal in the sun was what brought the 
 paralysis on. 
 
 Q. How long since you had paralysis ? 
 
 A. About twelve years, I think. 
 
 Q. But they give you a good deal of privilege now? 
 
 A. I don't know as they do. I have been here so long they 
 don't pay as much attention to me as when I first came. 
 
 Q. This negro you speak of, was there any rumor that he 
 had been killed? 
 
 A. That was my understanding. There was a rumor among 
 the prisoners that the nigger had been killed and burnt up. 
 
 Q. And the negro disappeared ? 
 
 A. He was not here. 
 
 Q. You remember of having seen him V 
 
 A V 
 
 A. I es, sir. 
 
 Q. Was he stout, able-bodied ? 
 
 
138 
 
 A. He was pretty st,out. 
 
 Q. About how long was it until you missed him? 
 
 A. "Weil, I was talking about it a day or two after he was 
 gone. There was some fellow says, "Do you know what be- 
 came of that nigger ?" I said, " No." He said, " I guess they 
 killed him and burnt him up in the furnace." I said, "I guess 
 not." He says, " That is what the}' say." 
 
 Q. When a man dies naturally in the hospital, don't they 
 usually have a coffin and shroud, and- is it not generally known 
 to all the prisoners? 
 
 A. Certainly ; I worked in the hospital there about three 
 
 .years when Sherrod was there; they make old box coffins, 
 
 cheap old things, put a shroud on them, dig a grave and bury 
 
 them. I believe every man that died while I was there was 
 
 buried, but how long he stayed out there, I don't know. 
 
 Q. It is known by other prisoners that that man had died? 
 
 A. Yes, sir. 
 
 Q. And the men know he is buried ? 
 
 A. The men up there do, but not the men in the shops. 
 
 Q. They generally take them out in the ambulance? 
 
 A. Yes, sir ; spring wagon. 
 
 Q. You never heard anybody say they saw the negro go 
 out ? 
 
 A. No, sir ; I don't know that they did. 
 
 McDonald Cheek, having been duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Alexander : How long have you been here ? 
 
 A. Fifteen years next May 28th of May. 
 
 Q. Were you acquainted with a man in here named O'Neil? 
 
 A. Yes, sir. 
 
 Q. Did you know him very well ? 
 
 A. I only knew him from my connection with him in the 
 hospital. But before I testify, I want to make an explanation. 
 I have had considerable trouble here ; not any vicious trouble, 
 but I have been hounded around, and I have consumption, and 
 it is mighty hard with me. I don't want to say anything, but I 
 will state the facts about this, as I am under oath. Six years 
 ago the Committee was down here ; Mr. Rolker was one and 
 Mr. Wilson was chairman, and they told me I should have 
 protection and should not be mistreated, and they had hardly 
 got awav from the prison until I was fired out of the hospital ; 
 
139 
 
 I was nurse there, and just kept after m*, and I was locked up. 
 Dr. Sherrod ordered* me out of the lock-up cell, but they paid 
 no attention to it until he saw Captain Howard and told him, 
 " You take that man's life in your own hands by keeping him 
 in that cell." They turned me out then, and first one and the 
 other picked on me, 'and I concluded, under these circum- 
 stances, I would not say anything about it. Now, you can 
 question me, and I will tell the truth. 
 
 Q. You knew O'Neil tolerably well ? 
 
 A. I was nurse in the hospital. They brought him in there 
 once, sick. I could see he had the asthma, and the doctor 
 asked me to see to him. That was his practice; I had made 
 medicine considerable of a study. He could not breathe. I 
 
 tf 
 
 prepared some medicine and gave it to him, and the next 
 morning the doctor examined him, and left him in the hospital 
 for two days ; then they sent him back to the shop, and he 
 ^stayed there in the shop, I think, about a week, until they 
 brought him back to the hospital again and left him for that 
 night, and he was booked out again the next morning. He 
 stayed in the shop two days, complained, and was fetched to 
 the hospital. Dr. Sherrod told me to examine him. I exam- 
 ined him, and he asked me if I thought he was able to work. 
 I said, " Doctor, I don't find anything the matter with his 
 lung. He complains of smothering in the tliroat and breast. 
 I sounded his lung, and couldn't see anything wrong in the 
 lungs. He did not seem to flinch." Sent him back to the 
 shop to work. He failed to do the task, was reported, taken 
 up and locked up, and it was four days from that time until he 
 came to the hospital again and begged to be put at some other 
 work, and said, " For God's sak, take me down out of that cell." 
 The doctor said, " Take you down out of what cell." He said, 
 " They had me locked up ever since I was up here." The Doc- 
 tor jumped on his feet and said: "By God, Twill see who 
 runs this institution. I ordered you to a change of work." 
 Mr. Hilliard, a guard, came up and said : " I will see to it, 
 Doctor," but instead of changing the work, they took and 
 hung him up again, and they had him hung there in the cell, 
 sick as he was, all night. In the morning I went around at- 
 tending to my duties, and just as the Doctor came in, one of 
 ;the runners, I believe a man named Reef, came in and said : 
 " Doctor, they want you over at the cell-house." The Doctor 
 
140 
 
 told me : "You go in there and attend to the sick until I get 
 back." I went in, and ne came back and. said ; " Hell's to 
 pay now. There is a man dead over there in the cell-house." 
 As I was cleaning up the ward they came carrying the man in 
 the dead-room. His face was set. His hands set in that po- 
 sition [indicating as if resting on elbows].. Around the wrists 
 you could see where the hand-cuft's had been set; mortification 
 was all around. Dr. Sherrod said to me: "You leave that 
 man just as he is; don't you touch him." "All right," I said. 
 Dr. Jesse McClure was Hospital Steward here. He was at 
 Louisville, attending medical college, and I was attending to 
 the sick while he was gone. He stayed at night and Dr. Sher- 
 rod in the day time. They sent me for him, and me and him 
 went into the dead-room to see O'Neil, and after he stood there 
 and looked at him, he said : " What is your orders ?" I said 
 Dr. Sherrod said, "Leave him just as he is until the Coroner 
 came." He went away and came back and said : " Gret some 
 water right quick and wash this man, and put a shroud on him." 
 I says to him: "Dr. Sherrod said for me not to touch thia 
 man until the Coroner held an inquest on him." He said: 
 "Never mind what Dr. Sherrod said; do as I tell 
 you." Then I went in and got the water, washed 
 him, took oft' his clothes and put a shroud on 
 him. Then Colonel Kegwin and Dr. Beckwith, of Jefferson- 
 ville, friends of Dr. Sherrod, came up here to visit Dr. Sher- 
 rod, and they went into the dispensary, and the Doctor and 
 they had a little lunch there. Dr. Jesse McClure called me r 
 and says: "You go in the dispensary and get the post-mortem 
 case, but don't say anything to Dr. Sherrod or let any one see 
 you get it." I said: " What should I do if the Doctor asks 
 me about it." He said : "Just make some excuse for getting 
 it." I went in and stepped behind the door, said " Excuse me, 
 Doctor," picked up the post-mortem case, and walked out. Dr. 
 Jesse said to me : "Take it into the dead-room." I took it, 
 went to his room, knocked on the door and said : "Doctor, that 
 post-mortem is in there." I then seen Dr. Foutz and Dr. Sid- 
 ney McClure sitting in Dr. Jesse's room; then they went into 
 the dead-room and locked the door. I met another man, by 
 the name of Gary Tony, four-year man, United States man, 
 and I said to him : " Does Dr. Sherrod know they are holding 
 a post-mortem examination on that man?" He said: "No, and 
 
141 
 
 I should tell him'." I said I had orders not to tell him, and 
 says, "You can tell him if you want to," He went and told 
 Dr. Sherrod. The old Doctor came out tearing ; he went to the 
 dead-room door to open it and it was locked, and they would 
 not let him in. He hallooed, but they would not pay any at- 
 tention to that. He asked, "Who is in there?" but still they 
 would not let him in. He commenced pulling up his sleeves 
 and come up to me and said. "What in the hell does this 
 mean ?" I said I did not know what it meant. He knocked 
 again, said he would kick the door down ; still they would not 
 let him in. He come back to Tony and me and said, "Will you 
 men stand by me," and then commenced kicking and said, "I 
 will go in there if I have to kick the door down," and then 
 they let him it. He said: "Gentlemen, this is a 
 nice way to treat me. I am physician of this In- 
 stitution. By w.hat right do you come and hold a post- 
 mortem on this body." They had some words then, of course, 
 but they shut the door and we did not -hear any more. After 
 he came out, they went away, but just about the time they 
 were going, they called me in to sew up the corpse. Instead of 
 opening the breast and laying it back, they just cut the 
 whole breast out. They had taken the lungs and heart out; the 
 lungs lay in one wooden bucket and the heart in another, and 
 they took his liver out. I asked Dr. Jesse whether I should 
 put the liver, heart and lungs in, and he said "No." Just then 
 the Investigating Committee came in ; some of them rushed in 
 the room and broke right out again, and would not stay in there. 
 I went away to wash my hands, and, to tell the truth, I kept 
 dodging the Committee; I wanted to keep out of the way. 
 They came into the kitcheik, and wanted to question me. I 
 kept telling them I had nothing to say. You go in there and 
 see for jourselves. Some went in and some did riot. They 
 stayed in there about an hour before they lett. After they left, 
 1 found they left everything as it was and spread the shroud 
 over the corpse as it was, and the Coroner came up and I showed 
 him in, and he come in and seen the blood on the sheet. He said: 
 " Who held a post mortem on this man ?". I says : "Dr. Foutz, 
 Dr. Sidney McClure and Dr. Jesse?" He said: "H'm, h'm! 
 who authorized them to hold that post mortem?" I said: "I 
 don't know anything about it, sir; you will have to ask them?" 
 He said: " H'm, hold a. post mortem," raised up the cover and 
 
142 
 
 - 
 
 walked away. That is all he did. Seen the little blood on the 
 sheet and did not look any further. He could have seen, of 
 course, the heart, lungs and liver in the buckets. Captain How- 
 ard came up there, and Captain Craig, and commenced talk- 
 ing, but I did not pay much attention. Congestion of the 
 lungs or congestion of the heart was, I believe, the decision 
 they rendered. After the Committee was here, Dr. Jesse 
 told me that they were going to send for Governor 
 Porter, and had orders not to bury him. Dr. Sherrod and I 
 went there after the Committee left, and the Doctor says : " By 
 God, they are trying to put this off on me ; make me shoulder 
 the blame for killing this man." He says to me: "You know 
 I had nothing to do with it, and the books will show it." I am 
 a pretty good hand at examining lungs, and says I: "Doctor, 
 show me where there is any ulcers on them lungs." He looked 
 over them. He said : " Congestion there, h and d , there 
 is no more ulcers on his lungs than there is on a bull's horns." 
 I picked up the heart then and turned it over, and said : " Doc- 
 tor, that looks like a pretty healthy heart ; it is a little fatty." 
 The Doctor looked at it. Says I : " Don't look like there was 
 much congestion there." " Congestion, hell," he says, " by 
 God, having man hung up to the door until he dies and then 
 call it congestion." That was all he said, and walked out. I 
 saw r he was angry. That night Dr. Jesse told me to get the 
 post-mortem case. I got it, and I and him went in the dead- 
 room. He took the lungs and told me to cut them. They were 
 lying in the water. I asked him what he wanted, and he said 
 he wanted to dissect them. He wanted to see where them 
 ulcers was. I handed him the knife, and he says: "No, you 
 take and cut them." He said : "I don't want to touch them. 
 I want you to do it." I said : " Why ? " He said : " Well, 
 you are a better hand than I am. If anything is said about it, 
 they can't blame me and they can't hurt you." So I went to 
 work cutting the lungs up ; cut them all to pieces, hundred 
 pieces or more, took them up piece by piece and looked at the 
 ventricle tube and the cells of them and everything. " Dr. 
 Jesse," says I to him, " I don't see many ulcers on there." Says 
 he: "No, sir; they don't seem to show up very much," and he 
 made the remark: " Mack, if you had as good a pair of lungs as 
 them you would be satisfied, wouldn't you ? " I told him : "Yes, 
 sir; I would." Then we took the heart and dissected it, and just 
 
143 
 
 i 
 
 tlie same as we did with the lungs, I cut it all to pieces, and 
 then took the liver and done it also just the same ; I cut it all 
 to.pieces; all. 'by orders of Dr. Jesse McClure; and we stayed 
 in there until half past 1J o'clock at night. The next morn- 
 ing Mr.Iiinton told me he was on the Committee ; that they in- 
 tended to take the body to Indianapolis ; and Dr. Jesse came 
 in and said to me : "They talk of taking this corpse to In- 
 dianapolis. If they do, there will be a big kick about these 
 lungs, liver and heart." " Well," I said-, "what shall I do with 
 them? Shall I put the pieces in or shall I leave them out?" 
 He said: "Gosh! it would not do to send the corpse up there 
 without any liver, lungs or heart." He said : " Tut them in." 
 [picked up all the pieces and put them in the coffin. I opened 
 the breast stitches, and shoved them in there, and put the 
 stitches back again. The Committee here stayed until next 
 d.ay, and the water Was up so high they concluded to let it go, 
 and we buried him in the Prison graveyard. 
 
 Q. Did any of the Committee look at him and inquire why 
 his arms were in this way [indicating]? 
 
 .A. I pulled his arms down. I laid them across his breast 
 and tied them so I could keep them down. They were set, 
 but you can lake the arms of any man that is dead and put 
 them in any position you want. No, sir ; I had taken the arms 
 down and had his shroud on before the poroner came in. 
 
 Q. Was anything said to you about hurrying? 
 
 A. I had orders in the first for to hurry up and dress him 
 when Dr. Jesse first came in. He wanted to get him dressed 
 to keep from showing the position he was in. When he came 
 in he was just as Roach cut him down. Mr. Hilliard said : 
 " When I let him down in the cell, fee just fell back and died." 
 Hoaeh said he was dead before they took him down. I don't 
 k,now where Roach lives. I think he came from this county. 
 Mr. Hilliard lives in town. 
 
 Q. You say Jack Howard when that man was up there 
 dead had a quarrel ? 
 
 A. Dr. Sherrod and Hilliard was the men that had the 
 words. Hilliard said to him : " If he was not able to be 
 punished it was his fault for letting them go." Dr. Sherrod 
 said : " By God, it was not his fault. They never consulted 
 him." 
 
144 
 
 Q. What do you know about a man named Goddard that 
 died in this prison, or whether you know he died? 
 
 A. He was a white man. Well, I could not say very much 
 about this. I don't know. I would riot swear anything con- 
 cerning Goddard. 
 
 ^. It was reported that a negro died ? 
 
 A. Mungo was the man that was catted. 
 
 Q. Tell us about it. 
 
 A. Mungo had some trouble over there about a file in the 
 shop; some difficulty about a file being missing. The foreman 
 went around and asked for the file, and no one knew where it 
 was. Some of the prisoners told him Mungo had it, but he 
 said he did not have it, and had no use for it. They searched 
 around his berth, and found he had the file; and they had 
 some difficulty, he and the foreman. Anyhow, he was taken: 
 to the office. I believe Captain llarveston was guard. I 
 think he was the one, that took him up. Mr. Kennedy was the 
 one that reported him, and they took him down there behind 
 the cell-house and catted him. I stood out in the yard, and 
 not only me but twenty or more counted. I counted forty- 
 seven strokes of the cat. They hit him that much. 
 
 Q. By Mr. Patten : What kind of a cat is it? 
 
 A. Thirteen strings, made out of sole leather; altogether 
 about three feet long; % the strings about that thick [indicating 
 with point of pen knife]. I counted forty-seven licks, and 
 some other man says they hit him sixty-five, but I counted 
 forty-seven, and left because I got nervous, hearing him hol- 
 lering so and the terrible groans. You could hear the licks 
 clear across the yard every time they hit him, and after they 
 catted him they took him over to the shop and worked him 
 that afternoon. He was taken over to the hospital the next 
 morning. Friday he was licked and Saturday he went to the 
 hospital to get excused. 
 
 Q. How long ago did this happen ? 
 
 A. By being here so long it appears like things happened 
 only yesterday that happened years ago ; I think it has been 
 5 or 6 years ago. 
 
 Q. Who did the catting? 
 
 A. Captain Craig is the one who punished him ; he used 
 the cat himself; he done all the catting here. 
 
 Q. Was he excused on Saturday ? 
 
145 
 
 A. He was excused sometime during the day ; lie worked 
 part of the day that day, and they took him over to the cell 
 house sometime on Saturday. I was acting librarian then, and 
 I came along by his cell Sunday morning, and Mungo told me 
 he was sick, and I seen his eyes was all bloodshot. He asked 
 if I wouldn't go and see the doctor for him; I told him I 
 would. So I went down and told the guard that Mungo 
 wanted to see him to go to the hospital. Then I went on to the 
 hospital and saw Dr. Sherrod, and I told him that Mungo was 
 up in the cell there sick, and his eyes were all bloodshot, and 
 he wanted to see him. I don't know who went and got him, 
 but anyhow they brought him up to the hospital, and he was 
 entered, I think, from Sunday about 10 o'clock until, I believe, 
 it was Monday morning ; I won't be certain whether it was 
 Monday or Tuesday. Arthur JBissett was acting as hospital 
 steward then. We went over to his bed and took some sweet 
 
 v oil and rubbed his back with it. Arthur asked me if I would 
 not help him. I told him yes; and I helped him there, put some 
 on> and his back was just cut all to pieces. You never saw 
 such a sight, gentlemen. The lashes went around under his 
 stomach ; the end of the lash stopped there, and from the end 
 of the lash about an inch and a half it was turned blue. 
 Q. Was the flesh lacerated ? 
 
 A. It was a perfect jelly, perfect blue mass, just like if you 
 would mash blood blister. Around under the stomach here 
 where these strokes struck, they were all black and blue, and 
 it was turning purplish blue. That was on Sunday it com- 
 menced turning that way. I says to Arthur Bissett, the 
 
 : Steward: "Ain't there mortification setting in." Well, he 
 looked at it, nodded his head, and " That's just what it is." We 
 turned arid rubbed it, that was late in the evening, and he kept 
 at it all night. Mungo would jump and raise in his bed, with 
 a wild look in his eyes. Of course, I was in bed. I did not 
 go over to him, but the nurse would lay him back in the bed 
 and ask what is the matter, and he would roll on his side and 
 halloo : " Oh, my God, kill me, kill me, I am just dying with 
 misery." The boys went over to him, told him not to make so 
 much noise, remonstrated with him to keep as quiet as he 
 could, so as not to disturb the other patients. Every once in 
 a while, he would break out and jerk himself, spring up in bed, 
 getting almost on his feet. The nurse would go and catch him, 
 10 PRISON. 
 
146 
 
 and set him down in bed; The next morning just before 
 breakfast, Mungo came into the water-closet, an.d sat down 
 on the water-stool there, with his hands on his head in that 
 way [indicating], and I come along and said : " Mungo, how 
 do you feel this morning?" He just looked up at me and shook 
 his head a little. I caught hold of his hand. "Do you feel 
 like eating anything?"' He said : " Oh, my God, Mack, don't 
 ask me." He went to raise his pants. I took hold of his pants 
 and helped him up. Arthur Bissett came in, and I believe a 
 man named gurnet. I said: " Boys; take hold of him," and 
 we took him to his bed. He said : " Don't lay me on my back, 
 for God's sake." He just turned over on the edge of his belly 
 and didn't lay half a minute till he sprung up and fell back 
 dead. By the strokes being on the spinal column on the seven 
 nerves connected with the heart on the back here. They ex- 
 tend over the heart back under the shoulder; by them being 
 bruised, and the blood bruised, mortification set in. Mortifica- 
 tion is what killed him. 
 
 Q. Can you refer us to men who know about this matter ? 
 
 A. Captain Harveston, and Rev. M. E. Boring. In regard 
 to O'Neil, you can send for Carnaham ; he knows about his work- 
 ing in the shop. Mr. Lyons was the foreman, and Mr. Good- 
 man was the guard that reported him. 
 
 Q. What do you think was his trouble ? , 
 
 A. I don't know whether it was the bronchial tubes or 
 whether it was asthma, but that was my belief. From the 
 action of the man I think it was asthma, and the throat was 
 the cause of his trouble. 
 
 Q. What do you know of any rotten meat being brought 
 in here? 
 
 A. Rotten meat was brought in, and it had maggots full- 
 grown skippers and the man sitting right side of me, by the 
 name of Wilkerson, lives in Jennings County, was here for one 
 year for buying votes, a United States prisoner; he went out 
 and commenced vomiting, and the boys commenced speaking 
 about the meat, and knowing I was in the office a great deal 
 I was then Librarian spoke to me about the meat, and said : 
 " Don't you see it is rotten ; don't you see the maggots ? Why 
 in hell don't you tell the Warden? " I said, " Why don't you 
 tell him?" Well, the next day the meat was rotten again. 
 This time it was " salt horse " corn beef. Captain Howard 
 
 
147' 
 
 was running a butcher shop then, him and George, and they 
 would hring in the meat from this pork-house. When the boys 
 seen this meat they stuck it under my nose again, and asked 
 me if I had showed it to the Warden. I told them no, I did 
 not. I brought a piece in here and showed it to Rev. M. E. 
 Boring, Chaplain, and when I stuck it under his nose he reared 
 back. He told me to take it in to the Warden. I went in to 
 show it to the Warden; he was riot around here any place. I 
 spoke to Mr; Huette, the Clerk, but he would not look at it. 
 He said it was none of his business ; he had nothing to do with it 
 at all. He says: "Mack, I can not do anything; I have noth- 
 ing to say." That meat come right across from over there. 
 Lynn and I both was right over there in the pork-house and 
 seen them salt it; went there on purpose to see it. Captain 
 Howard asked the prisoner over there that was butchering, 
 "Did you salt that meat; you are certain you made a stiff 
 v brine of it?" He said "Yes, sir." It was already spoilt, and 
 would slip when we lifted it out of the brine. When they were 
 cooking the meat you could smell it all over the yard. I went 
 to the cook and asked him, " Why in the d- 1 do you cook that 
 meat ; you know that meat is rotten ? ' : He said, " Mack, they 
 know it is rotten 1 I have orders to cook it, and you know I 
 can't help myself. I will put it on the table if it stinks every 
 man in the dining-room." 
 
 Q. How often did that occur? 
 
 A. Every time we had beef, pretty near.- I showed some of 
 this meat to Dr. Sherrod, and I says, "Doctor, you control the 
 cooking of this meat." He said, " H and d , they pay no 
 more attention to what I have to say than they do to you." I 
 took this meat down and told Dr. Hunter about it, showed him 
 the meat, and he jumped on the Warden about it. The Doctor 
 told me the Warden told him the butcher imposed upon him. 
 I told him he had been imposed upon for a good while five or 
 six years. Captain Howard promised Dr. Hunter it never 
 should occur again. 
 
 Q. And then did it occur? 
 
 A. It did not occur very often after Dr. Hunter came in. 
 By Mr. Patten : 
 
 Q. State if Dr. Nbrvel! interested himself in having the use 
 of the cat abolished. 
 
 . . . ..,.-.-. : . ' .' . " 
 
148 
 
 A. Well, I could not say. I never knowed a man talk tr> 
 any of these Directors and get anything out of them. 
 
 Q. How long is it since they catted anybody ? 
 
 Q. Not since three years ago, the 27th of October, the last I 
 know of. 
 
 Q. Has the treatment of men been any better ? 
 
 A. Before Dr. Hunter came it was terrible, since then it 
 has been better. 
 
 Q. Dr. Hunter and Dr. Norvell were elected at the same 
 time. 
 
 A. Yes, sir; Dr. Norvell, when he first started in, for the 
 first year and a half, everything went ort all right, but after 
 Captain Howard was re-elected, you might as well talk to a 
 post. There haven't been any Directors here for the last two 
 years. 
 
 William Christenberry having been duly sworn, testified aa. 
 follows : 
 
 Q. By Mr. Alexander : How long have you been here ? 
 
 A. Fifteen years. 
 
 Q. How long did you come for? 
 
 A. For life ; for murder. 
 
 Q. From what county ? 
 
 A. Owen. 
 
 Q. Did you know a man in the Prison named O'Neil? 
 
 A. Yes, sir. 
 
 Q. What do you know, if anything, about this man O'Neil 
 having been punished here at any time? 
 
 A. I know he was punished. I was working at the hos- 
 pital at the time he was brought up there. Six years ago this 
 month, a man came there and reported there was a man found 
 dead at the door. The doctor told him he could not bring a 
 dead man back to life. They brought him up there. He was 
 dead when they brought him. His arms were stiff and stayed 
 up, and then when you press them down to his body, they 
 would fly up in the same position [indicating]. 
 
 Q. What did you help do with the body, if anything ? 
 
 A. I helped wash it and dress it for burial. 
 
 Q. Was McDonald Cheek there at the time ? 
 
 A. I think he was working in the hospital. 
 
 Q. Dr. McClure, was he there? 
 
 
149 
 
 A. Dr. Jesse McClure was there ; yes, sir. Dr. Sherrod was 
 head physician. 
 
 Q. What did you liear Dr. Sherrod say about this man ? 
 
 A. They pronounced it heart disease, and after they went 
 away the doctor said there was no more heart disease about that 
 man than there was about him. 
 
 Q. Who was it pronounced it heart disease ? 
 
 A. Jesse McClure and the coroner, Jacob Ross. They went 
 there and kind of made an investigation. 
 
 Q. Did the Coroner examine any witnesses? 
 
 A. Some few of the guards. 
 
 Q. Do you know what this man was punished for ? 
 
 A. For not being able to do his 'work. 
 
 Q. What about his being sick? 
 
 A. He was sick, and the doctor had excused him and sent 
 him to the cell-house sick, and they took and chained him up 
 in the cell unbeknownst to Dr. Sherrod, who had excused him 
 and sent him to the cell-house as a sick man not able for duty. 
 
 Q. You say the Coroner pretended to make an investigation, 
 and Dr. McClure said it waslieart disease? 
 
 A. Yes, sir. 
 
 Q. What do you know of one of these guards, Hilliard, 
 and Dr. Sherrod having a quarrel about it? 
 
 A. I heard such as that, but could not say whether they did 
 or not. 
 
 Q. Where did they keep this dead man, in the dead-house, 
 until they buried him ? 
 
 A. Yes, sir, after they brought him from the cell. The 
 Legislative Committee was here the very morning they brought 
 him down. They seen him a portion of them ; not all. 
 
 Q. Did they cut him open and examine him ? 
 
 A. Yes, sir. 
 
 Q. Did they take his heart and lungs out? 
 
 A. I could not tell ; 1 was not there. I seen his heart there 
 when I went to dress him for burial. His hands would not 
 stay down on his body so as to keep them down. 
 
 Q. How long after he died was it that he was buried? 
 
 A. They kept him there one night, and I ain't sure but two. 
 
 Q. Was there anything said about being in a hurry and 
 getting him dressed and getting the shroud? 
 
 A. No, sir, nothing said of it that I heard. 
 
150 
 
 Q. Do you know how long this man was up there in this 
 cage? 
 
 A. No, sir, I ain't positive. It was about seven or eight 
 days from the time the doctor excused him that they brought 
 him down dead. Whether he was in the cage all that time I 
 could not say. 
 
 Q. Did you ever hear Captain Howard say anything about 
 it? 
 
 A. I never heard Captain Howard open his mouth about it. 
 
 Q. Did you know a man named Mungo? 
 
 A. Yes, sir. 
 
 Q. And about his being catted. Do you know the number 
 of strokes? 
 
 A. No, sir, I did not count the strokes, but the catting 
 must have continued ten or fifteen minutes, if not longer. 
 
 Q. Did you see him after he was catted ? 
 ' A. Not for some time afterward. 
 
 Q. How long after? 
 
 A. It was, I suppose, a week or ten days. 
 
 Q. Did you see his body? 
 
 A. No, sir, I did not see the body. I did not see him after 
 he was dead. 
 
 Q. When you did see him, what seemed to be his condi- 
 tion ? 
 
 A. He said they had ruined him catting him. Said they 
 
 had broken something inside of him. He never showed me 
 
 , 
 any marks. 
 
 Q. What aBout any other" persons being catted? 
 
 A. That was a frequent case. 
 
 Q. How long is it since anybody was catted ? 
 
 A. Four years and over, as I understand. 
 
 Q. What kind of a cat is it ? 
 
 A. Heavy blacksnake stock, from nine to ten cat-tails. 
 
 Q. Did they give it to you? 
 
 A. Yes, once. 
 
 Q. How was it done ? 
 
 A. You are perfectly naked, with the exception of your 
 pants, and get down on your hands and knees. John Craig 
 did the catting. The man that whips stands behind. 
 
 Q. How many li<*ks did they give you ? 
 
 A. Seven. 
 
151 
 
 Q. Did it cut the skin ? 
 
 A. Opened it like a knife every time I was struck. It was 
 sore for two weeks. Never put anything on it except a little 
 liniment oil I got myself. 
 
 Q. What were you punished for? 
 
 A. I was at work in the foundry at the time. The con- 
 tractors gave me permission to go into the carpenter shop for 
 kindling wood to build a fire in the cupola, and a man by the 
 name of Isgregg was foreman of the shop, and he told me that 
 hereafter I would always find my kindling wood at that end of 
 the bench ; so I went there to get the wood, and he reported 
 me for getting wood without permission. We got into some 
 words about it. I said, " Mr. Isgregg, if I was a free man you 
 wouldn't talk that way. Mr. Perin told me I could have the 
 kindling wood, and you told me where I would always find it." 
 He went and reported me for " sass." Craig would not listen 
 to me at all, but took me behind the cell-house and gave me 
 v the seven licks. The knots in the end of them are like shot. 
 They sunk into the flesh just like a bullet. 
 
 Frank Myers, having been duly sworn, testified as follows: 
 
 Q. By Mr. Patten : How long have you been here? 
 
 A. About ten years and seven months. 
 
 Q. You were out awhile on parole? 
 
 A. Yes, sir; I was out not quite eleven mouths. 
 
 Q. Was you here at the time the rumor was in circulation 
 about a man by the name of Goddard that was cruelly pun- 
 ished, and reported that he was burnt in the furnace? 
 
 A. I don't remember anything of the circumstances. 
 
 Q. What department was you in? 
 
 A. I worked in several departments here in my time. 
 
 Q. You have been here all of the time Howard was Warden? 
 
 A. No, sir. I am not certain when he came here. I came 
 in 1875, in October, and my recollection is he came in June 
 following. 
 
 Q. Well, since he was Warden, do you remember about that 
 circumstance ? 
 
 A. I don't remember anything of that kind, sir. 
 
 Q. How does it happen that you did not hear the report ? 
 
 A. I could not tell you. I never heard of a man being 
 burnt here in my time. 
 
 Q. Did you know of the death of Goddard? 
 
152 
 
 A. I don't know the man at all. No, sir ; I don't recollect 
 the name of Goddard. I recollect a man by the name of God- 
 frey, but Godfrey went out here. 
 
 Q. Have you any recollection of a man named O'Neil, who 
 was here ? 
 
 A. I have heard that name. 
 
 Q. Do you know anything of his death. 
 
 A. No, sir; I understood he died in the cell. Heard that 
 rumor. That is all I know about it. , 
 
 Q. Did yon know of a convict of the name of Mungo, who 
 died here; was catted five or six years ago. 
 
 A. No, sir. 
 
 Q. Did you ever see any man catted, or hear him catted ? 
 
 A. I never saw a man catted. I believe I did hear it once, 
 walking on the outside of the cell-house. It sounded like 
 something of that kind. 
 
 Q. Was it usual to cat men ? 
 
 A. They used to cat men here. 
 
 Q. Did they ever punish you that way 'I 
 
 A. No, sir. 
 
 Q. Was you in and about the office much ? 
 
 A. I worked about the office four months at one time. 
 
 Q. Was you a trusty? 
 
 A. Yes, sir, part of the time. 
 
 Q. In what department did you work? 
 
 A. I worked at Captain Howard's house awhile, and then I 
 worked at the barn. 
 
 Q. You were on good terms with Captain Howard ? 
 
 A. I don't know on what kind of terms I was. 
 
 Q. How did he treat you? 
 
 A. He treated me all right. 
 
 Q. Was you ever punished ? 
 
 A. No, sir, I can't say I was punished. I was turned in 
 from the outside. 
 
 Q. What for? 
 
 A. I could not tell you what that was for. One time I was 
 turned in for disobeying his rules ; the other time I don't know 
 what for. 
 
 Q. You don't know anything in reference to these men we 
 have asked you about? 
 
 A. Not a thing, sir. 
 
158 
 
 Q. How long are you sentenced for? 
 
 A. Twenty-one years. 
 
 Q. What for? 
 
 A. Manslaughter. 
 
 Q. You are the man Governor Gray sent back after being 
 paroled? 
 
 A. Yes, sir. 
 
 Q. Have you anything to state before the committee? 
 
 A. I have no grievances to make. 
 
 George Bachtel, having been first duly sworn, testified as fol- 
 lows : 
 
 Q. By Mr. Patten : How long have you been here? 
 
 A. Almost twelve years. 
 
 Q. How long were you sent for ? 
 
 A. For life, charged with murder. 
 
 Q. Do you recollect anything about a man named O'Neil ? 
 ' A. Yes, sir. I was cook in th'e Hospital in '80 and re- 
 mained there until March, 1881. 
 
 Q. Do you remember when O'Neil died. 
 
 A. Yes. O'Neil was brought up in February, 1881. He was 
 brought up to the Hospital one night about 12 o'clock. He 
 was sick. In the morning he made his appearance before the 
 Doctor and said he was sick. The Doctor told him there was 
 not a d thing the matter with him, and told him to go to his 
 shop. The man said he was not able to go to his shop, and a 
 man by the name of Jack Hilliard, guard there, said, "Turn 
 him over to me ; I will make him work." He was turned over 
 to this man. He was taken to the cage, I suppose, for three 
 days and nights. He was brought back dead. 
 
 Q. Did you see him after he was dead? 
 
 A. I did. 
 
 Q. State what condition he was in. 
 
 A. I could not tell whether he was a white man or a nigger 
 when he was lying in bed he was so dirty. 
 
 Q. What position? 
 
 A. I saw him in the dead-room, and he was lying with his 
 hands over his head, with hands locked over his head. His 
 eyes was glaring. I said the man was not dead. He was stiff 
 and had his hands set there, perfectly tight. When they 
 washed his hands, they placed them across his breast and tied 
 a string around his body to hold his hand keep them from fly- 
 ing back. 
 
154 
 
 Q, Did you see any post-mortem examination ? 
 
 A. There were three doctors down, I believe from Jeffer- 
 son ville. I don't know as I could give their names. They 
 held a post-mortem over him. Took his inwards out, his 
 heart, lungs and liver; toot them out and examined them. 
 They gave some decision before the Committee. The House 
 Committee was here that day. 
 
 Q. Was you.present when the House Committee was there? 
 
 A. Yes, they held a kind of inquest in the hospital ward, 
 and the young Dr. McClure, Steward, was there, and he took 
 his heart and opened it. I stayed by when he examined it. A 
 man by the name of McDonald Cheek helped him do that. 
 There were a few drops of clotted blood in the bottom of the 
 heart. I believe the young doctor said the heart had a little 
 more fat on than usual. He said he had a perfect set of lungs 
 and a good liver. He did^ not give any decision about him as 
 to what was the cause of his death. 
 
 Q. What was the general rumor as to that? 
 
 A. The general rumor all over the prison was that the man 
 died in the cage. 
 
 Senator Eahrn, having heen duly sworn, testified that he 
 never had any business transaction with Director Norvell, or 
 any other of the Directors of the Prison, and that no telegram 
 had ever been sent by him to any of the Directors, nor had he 
 ever received any such from said Directors, and that all state- 
 ments made to the contrary were false, and that he was not 
 connected either directly or indirectly with the election of A. 
 J. Howard as Warden. 
 
155 
 
 EXHIBIT " A." 
 
 o. 1.] 
 
 JEFFERSONVILLE, lNi>.,-May 29, 1879. 
 
 No.. 
 
 FIRST NATIONAL BANK, 
 
 OF JEFFERSONVILLE, 
 
 Pay to A. J. Howard, Warden, or order, six thousand dollars. 
 $6,000. I..B. MERIWETHER. 
 
 [Indorsed as follows :] 
 
 A. J. HOWARD, Warden. 
 
 Pay W. H. Fogg, cashier, or order, for collection for Citizens' 
 National Bank, Jefferson ville, Ind. 
 
 JOHN ADAMS, Cashier. 
 
 [No. 2.] . 
 JEFFERSONVILLE, IND., Sept. 16, 1879. 
 
 { stamp. } FIRST NATIONAL BANK, 
 
 OF JEFFERSONVILLE, 
 
 Pay to James G. Harrison (costs, etc.,) or order, one hundred 
 and twenty-nine dollars. $129. 
 
 I. B. MERIWETHER. 
 
 [Indorsed as follows :] 
 
 JAMES G. HARRISON. 
 Credit accepted. 
 
 FIRST NATIONAL BANK, NEW ALBANY, IND., 
 
 WM. N. MAHON, Cashier. 
 
 [No. 2.] Costs in suits of N. W. Car Company at the suit of 
 the Warden of the Prison, wherein he claimed that certain fix- 
 tures erected hy the company belonged to the State, because 
 being attached to the realty, and which was decided against 
 the Warden, and in which suit the Warden paid all the costs, 
 but not a part of the $6,000. 
 
156 
 
 EXHIBIT B.' 
 
 BILLS PAYABLE. 
 
 M. V. McCann, coal $1,642 45 
 
 Payne & Ragsdale, provisions 786 25 
 
 E. C. Eaken & Co., groceries 1,474 81 
 
 .Lewman Bros., drugs and hardware 673 82 
 
 Jefferson ville Gas Company, gas 324 00 
 
 Perin & Gaff, merchandise 147 93 
 
 Sundry newspapers, labor advertisements 185 82 
 
 Geo. Willacy, queensware 30 80 
 
 O. F. Zimmerman, (?) 40 25 
 
 Myers & Bros., lumbermen 45 12 
 
 Chas. Nagle, ice 25 00 
 
 J. H. Zinsmeister & Bro., groceries 34 05 
 
 L. P. Byland, teamster 151 50 
 
 E. J. Howard, lumber 156 42 
 
 Ahrens & Ott, pumps, etc 74 30 
 
 Geo. H. Frank, saddlery 34 00 
 
 Geo. Hulzbog, carriage-maker k 33 70 
 
 J. H. Hodapp, produce 178 65 
 
 P. Treacy, grocery 3 44 
 
 Oglesby & Dustin, produce 65 50 
 
 B. F. Babbitt,soap 38 99 
 
 Ohio Valley Telegraph Company, dispatches 8 90 
 
 G. W. Baxter, Deputy Warden 6 80 
 
 A. M. Bloom, meats 1,134 00 
 
 Salaries for November 2,229 82 
 
 Salaries for December 2,512 23 
 
 Salaries for January 2,528 47 
 
 Seymour Woolen Factory, balance 371 90 
 
 Total $14,938 92 
 
 Seymour Woolen Factory $1,025 33 
 
YB 24549 
 
 14 DAY USE 
 
 RETURN TO DESK FROM WHICH BORROWED 
 
 DOCUMENTS DEPT. 
 
 This book is due on the last date stamped below, or 
 
 on the date to which renewed. 
 Renewed books are subject to immediate recall. 
 
 MAR 25 1 
 
 MAR 
 
 LD 21-20m-8,'61 
 (C1795slO)476 
 
 General Library 
 
 University of California 
 
 Berkeley