The Placer herald., 1857-03-07

substituted. The witness states that he
heard no complaints of the quality but did as
to the quantity of the beef distributed.
THE rRUsry SYSTEM.
In conducting the affairs of the State
Prison of California, system of tavoritism
has obtained not known in any other coun-
try, commonly called the "Trusty System
the deposition of E. H. Pomeroy, (exhibit
No. 81 George w. Wells (exhibit No. ~
G. E. Meredidth exhibit No. 81 William
Pursley, exhibit No g. herewith shows the
workings of the system as now practised. 1t
was probably inaugurated Immediately after
our State Prison law existence by the pres
ent Lessee, and has been continued ever
since 1t consists in granting certain of
the prisoners special privileges; such are
permitted to sleep outside the prison Walls
They need not be present at roll call; they
are not confined within the guard lines;
they are permitted and selected to man
the boats and 90 to different parts of the
State They are used to work on ranches
not under guard, at a distance from the pris-
on, and not watched by tbs officers. Some
are allowed to work as servants in the Vi
cnitv of the prison; others have been allow
ed to 90 to San Francisco unattended.
A list of these "Trustys" is annexed to
the deposition of E. II. Homeroy, in Ex
hibit No. 2.
One of the trustys-Francisco Esparza
convicted for grand larcency-we could not
find at the prison. The committee were in
formed at the prison he was at the Island
that he was on the boat; and we were una
bic, either to find him, or get any informa
ton at the prison where he was. We made
inquiry of Gen. Estel as to his whereabouts,
and he did not know there was such a per-
son.
The deposition of Hon. Martin E. Cook,
herewith submitted, throws some light on
the subject which illustrates the work of the
Trusty system.
The 93d section of the Act of 1850, con-
cernng crimes and punishments, Comp.
law 657,) reads: "And if any person or per-
sons, who shall set at liberty or rescue any
person who shall have been found guilty or
convicted of crime the punishment of which
is imprisonment in the State Prison, the per-
son so offending, on conviction thereof, shall
be sentenced to the same punishment that
would have been inflicted on the person so
set at liberty or rescued
By common law any person guilty Of can
escape" was punishable, and an escape was
defined to be delverance Of person. who
is lawfully imprisoned, out Of prison, before
such person is entitled to deliverance by law.
lie that aids, assists, or counses any one to
aid or assist convict to escape, would be
guilty under the law of such escape.
Even in civil cases the defendant arrested
must be held in corporal bondage. "Duress
of imprisonment" has technical meaning
and any privilege extended by the keeper
which avoids that duress, will constitute an
escape.
1t was decided in second of Mason's Re
ports, 4S6, that when keeper of prison
madause of the prisoner confined for debt
as turnkey and irusted him with the keys,
he was guilty Of constructive escape.
The judgment against party convicted is
that he be imprisoned in the State Prison.
1t is not sufficient to satisfy that Judgment
that he be attached to the establishment of
the prison for the mere accommodation of the
directors or lessee. Prisoners are not sent
there for the purpose Of working merely or
attending to domestic duties in private iami-
lies, or for the purpose of acting as clerks,
luruhtNS, anu StucIdi StiNdllS dObuJ Tue
establishment, free of personal restraint in
separable from the idea of imprisonment
Your Committee submit that the letter and
spirit Of the law require radical change in
the management OF the prison in this regard.
The Directors who had charge of the prison
before the Lessee took possession under his
present lease, disregarding the law in the
premises neglected to keep prisoners in Gus
tody, but permitted them to 90 at large on
trust, and the extent to which the system
has been carried under the lease has been
cause of serious alarm in the yici ity OF the
prison. 1t is to be regretted the trusty sys-
TEN was ever inaugurated, as it destroys the
objects to be attained by imprisonment. A
general system of favortism is kept up, and
this depends upon the will, not Of the Judge
giving sentence, nor on the law or the Of
fences committed by the convict, but upon
the will of the Lessee, and thus far no check
has been interposed.
Had the Grand Jury of the county Of Marin
indicted all persons guilty Of permitting
prisoners to escape, the system would long
since have ceased to exist 1t was their clear
duty to do So The fact that large numbers
of prisoners have been turned loose on the
community by the permission of the officers
of the prison is undoubted, and for each in
stance the officer so doing is guilty of vio-
lation of the criminal laws, and liable to in
dictment.
in addition to the criminal aspect of the
trusty system, the present Lessee, in the
contract under which he helds the prison,
agreed to receive and take charge of all the
convicts, and safely keep them IN the prison.
1t is submitted that keeping them on
ranches, in private dwellings, or as sailors on
board of boats, is not keeping them in pri-
son, according to his contract. These are
clear breaches OF contract bat on the ques
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