The Russellville Democrat., 1875-10-21
PENITENTIARY INVESTI-
 CATION.
Finding of the Commissioners.
OFFICE OF BOARD OF COMMISSIONERS I FOR THE MANAGEMENT OF THE
 STATE PENITENTIARY, LITTLE ROCK October 12

STATE PENITENTIARY,
 LITTLE ROCK, October 12.
 The board of commissioner for the management of the penitentia- ry, in the recent investigation rel ative to that institution, under the control of MT. Ward, took the charges contained in the Evening Star of the 2nd of September last as the basis of the inquiry to be- gin with, as upon them the inves- tigation was ordered on the de- mand of Mir. Ward.
 While these charges were con sidered in the nature of articles preferred against MT. Ward, the commissioners did not limit the inquiry to them, but extended it to the entire management of the penitentiary, and the action of the lessee in the control of that insti- tuition, from the thirteenth day of last November, the day on which the present state officers were in stalled. Beyond this date the commissioners did not think it was proper to extend the investi. gation.
 MT. O'Sullivan, the proprietor and editor of the Evening Star, was requested to appear and tes- tify, and to give the names of parties who knew anything of the matters to be examined into. He was not placed in the attitude or position of prosecutor, but as he had published these charges, the commissioners naturally suppos- he did so from his own knowledge, or from information he procured from others. Mir. O'SuIlivan ap- peared and stated he knew noth ing of his own knowledge, but he furnished the names of number of witnesses, and at the request of the board he was present during the examination and interrogated the witnesses at will. Mir. Ward, with his counsel, was present also, and he asked for a number of par ties to be sent for to testify. All that he and Mir. O'Sullivan asked for and many more were summon ed and sent for by the board. Some of the witnesses sent for did not appear, and the board had no power to compel their attendance.
 About twenty-three (23 wit nesses were sworn and examined, and more than two weeks consum- ed in taking the testimony, and the utmost latitude was given in asking questions of witnesses. The testimony was taken down by reporter, and, with the find ing of the board, is to be made public, except the statement of Maj. Harrington, which was an official communication to the de- partnent of justice at Washing ton, D. C., and which cannot be published without the consent of that department, and such con sent has not as yet been obtained.
 The commissioners have been unayoidably delayed in coming to ! conclusion, and in having the the same, with the testimony, pub lished. After careful and pa 5ient consideration. and weighing of all the matter in proof, the com missioners find;
 First-The charges that the food is isinsufficient, and not of good quality, is not sustained by the proof. Instances are shown when it was not sufficient, and not of good quality, but these are excep tional.
 Second-The same conclusion is reached as to the clothing, and the testimony does not establish the fact that for the want of a change of clothing the prisoners became filthy and lousy.
 Third-The charge of unmerci- ful beating for frivolous intrac- tions of the rules in general, is not sustained; but cases of beat ing and striking contrary to the rules and regulations, are shown, and also cases of unusual and un warranted whipping, and espe- cially is this shown in the punish ment of the convict Carter, which is found to be cruel and incxcusa- blc.
 Fourth-The weight of testi mony does not show the prisoners are oyerworked.
 Fifth-Sickness when made known to the party in authority, excuses the convict from labor. So much for the charges upon which the investigation was begun.
 From the testimony adduced the commissioners find the killing of Guynes, the escaped convict, on the 18th July last, was not only wrong, but inhuman, and it should receive the attention of the grand jury without delay.
 The death of Smith, the eolored man, said by some to have been brought about by whipping, is shown by the testimony of the physician, of the warden, and the finding of the coroner's jury, to have been produced by different causes. Escapes are shown to be too frequent, and there is great