Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-03-18
MEMORIAL.
To tie Senate and House of Represen-
tatipes ofMe General assembly Of the
State of Ohio:

UENTLEAEN.-l ask leave 10 respect
fully memorialize your honorable body
upon the subject Of some portions Of the
Report of the joint committee of the
General Assembly. upon Public Institu-
tions and Buildings" made to the pres
ent adjourned session, relative to the
Ohio Penitentiary.
In looking over that report l find
statements and deductions, n relation to
my official acts, as Warden of that In
stitution not warranted, in my opinion,
by the facts 10 the case, and that injus-
lice has been done me. The committee
aver that they have endsavored to arrive
at just conclusions, and do justice TO all
parties. l do not impute to them inten-
tiOnal wrong. but misaprehensi1n Of
facts, and consequent wrong conclusions.
The chairman Of the committee claims
to me, that there was nothing intended
in the report, as a whole. to reflect par
licularly upon me, but admits that on a
second reading. he discovers some points
that might bear a different construction
to that intended.
That such was the fact and the inten-
lion Of the committee, 1 am led 10 be-
leive from the following extract from the
closing paragraph of their report:
"Joel Reeve and VIM. L. Cox. are the
remaining Witnesses. The testimony OF
these Witnesses embraces the manage
ment Of the forage, the furnishing Of po-
tatoes, the usages of the Kitchen depart
ment, the use of fuel, the milk of cows,
the making Of contracts for supplies DC.
&c. In all these diversified matters, the
committee take great pleasure in exoner-
aling the Warden from anything unbe-
, coming him as a man, citizen and an
officer of State. Many things developed
in The testimony Of these two Witnesses,
are wrong in the extreme, and now that
they are understood, it ought TO be
changed and at once. They we're not the
offspring of Mr.. Bultles administration,
but had taken deep root before he be-
come connected herewith
To this and the testimony reported
do not object, but there are several state
menls in the report. based upon an e1-
animation of the books and uther informa.
ton, to which object, but / will alIude
to only two or three Of them.
On page nine Of the report. in stating
the defalcations for several years past
s3,o95,s4 is put down as accrling dur
ing my administration. On same page
the report says:
ave may also say that the amount
against Mr.. Butlles' term. consists in part
of the overwork fund Of the convicts. and
money due guards. II is claimed by
Mr.. Buttles that the entire amount
! against him as above, is IN the hands oI
r. S. M'Ewen, who at the time Of said
defalcatioD, was Clerk of the Penitentia-
~. This we understand, M'Esen de-
nies. 1t is question now in court as tC
who shall bear the weight Of this defal
cation, and there we propose to leave it
The last clause Of this extract is inco r
rect. There has only been two cases il
in Court respecting the money in NEW
ems hands. One is civil action brought
by one of the guards against me for hi:
} quarters salary. drawn and retained BY
r McEwsn, which is yet undecided. The
question in this case may be considered
as differing from that in the case Of the
other fund embe.eled and would not bt
decisive.
The her was criminal prosecution
! against r. S. Nee wen for embezzlemen
of said funds while Clerk of the Peni;en.
tiary. That case was tried last Novem
Der in the Court of Common Pleas fol
Franklin CO., aud the jury, notwilhstand
ing the court gave decided, though fail
and impartial charge, did not agree, con
r sequently the ju y were discharged. and
the case continued to the next term
r Col. N. H. Swayne, who had been en-
ployed by the Peni;entiary, at the com
/ mencement Of the prosecution and had
been continued by the assent of the Pres
ident of the new Board of Directors, pre-
sented his bill to the Board of Director.
for payment, which was refused, ant
therefore Col. Swayne informed them ant
the court that he would not be longer
considered as counsel in the case. A
the last term of the court, as am in
formed, the case was called up, and un
! der the circumstances, the recently elect
ed Prosecuting Attorney assented to 8
proposition ofdefendants Attorneys. tha
Melvin plead guilty 10 the embezzlemen
of less sum than constitutes q Peniten-
tiary offense, which McEwen did, and
thus ended the case. There was also an
other proceeding in court to hold $500
in money, put into the hands Of R. Main
to indemnify said Main as bail for Nc
Ewen's appearance at court. Swayne wa'
also employed by the Penitentiary in this
= case, but for the reasons above stated
) this case was also disposed Of, as an
, in ormed, by the costs being retained gu
t of the money and the balance paid Oyel
to McEweu's Attorney. These are the
5 facts as to It's being "a question now il
court as to who shall bear the weigh; o