Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-12-13

last week reported to the deputy threats that
he had made and also said that I was not to be
nty told mo to be on my guard, and said
if he jumped onto mo to shoot him; this took
place Monday; Clark still continued to refuse
to do q days work. and every night had
not as much done as gave him; forty wheels
second coat of paint is days work for q citi-
zen, and twenty is considered days work for
a convict; physically CLARK was able to do it.;
alone, east of the room where the Youngers
are, and Clark and O'Malley I placed as far
apart as possible; that was on Monday, about
10 o'clock ;Reese had thirty-six wheels to stripe
per day, and asked him if he had too much;
he said no; went to Clark and asked him if be
would not do his work and get along without
trouble; if he would act right We would treat
him right; said that he wanted no one for his
friend; had made his way before and could do
it again; this was Thursday morning; he told
me to stay away from him; then called Cay
on, the guard, and told him that Clarke re-
fused to do his work; that 1 had given him
Ss did "'e not have stripe them and donf
at O'Clock to report him for punishment.
observed during the day that he worked slow
ly; few minutes after came up and asked
the guard if he (Clark) was trying to do the
work. The guard said Mo- that he and
OMalloy were doing the same amount Of work
anu appeareu so UNDERSTAND eacn Otner; asked
him why he had not sent him in; said that they
refused to go for him; asked if he had notified
the deputy; said no, and asked me to go after
him. I went and informed Mr.. Hall, and he
went up. l knew if there was trouble that
Reese would rush in He was at the door of
the room containing the Youngers. There were
fifteen to eighteen convicts in the three rooms,
Reese was starting to 60 in where Clark was,
and I told him to 60 back to his work. My
back was turned towards. the room in which
Hall and Clark were. While standing in this
position 1 heard the shot. Reese
jumped up and said: Ill bet the deputy shot
that man; said l, it is none of your business,
sit down and go to work; 1 staid there until
Clark was carried down; did not notice any
demonstrations on the part Of other convicts,
except O Malley, who stood at the head of the
stairs, the only way anyone could come up;
this was the only mode of ingress to the room
where Clark was there are twenty-niue con-
victs under my charge; there are two guards
and myself to guard them.
To the questions of Mr.. Durant, Mr.. Lemon
replied as follows: To stripe forty wheels is an
ordinary days work for citizen, and half of
this is considered days work for a convict;
Clark had been in the habit of doing only
fifteen to nineteen per day.
At the conclusion of the testimony of Mr..
Lemon the jury adjourned to the painting de-
partmcut in order to get correct idea Of the
~
the parties to the affair during the time of its
occurrence.
DEPUTY WARDEN HALL SWORN.
Name is Abe. Hall; acting as deputy warden
for the State of Minnesota; have held the posi-
ton two years last May; was here in capacity
of steward seven years and guard two years;
was employed as steward two years in the
Wisconsin State prison and three years as
guard; as deputy warden it is my duty to en-
force discipline maintain good order and see
that the coavicts do their work as long as it is
reasonable; am the executive officer in the alb
sence of the warden; knew the person shot
since last May; was told in the yard Thursday
afternoon that Cayon, the guard, wanted to see
me; this was about fifteen minutes past
O'clock; entered the shop by the east door and
went through the whole length of the three
connected shops before found the guard; he
reported that be had ordered Clark and
OMalley to their cells and Clark had
Gsaf placed 60 my hs s5dpped on 6sh ba
shoulder and ordered him to the cell room; he
jumped up. faced me and said he would not go;
he then backed up against the partition with
putty knife in his hand, ready to strike with
it, told him that would give him two min
utes to put down the knife, put on his coat
and 60 to the cell room; took out my watch; it
was then seventeen minutes past four, held it
until twenty-five minutes past four, all the
time trying to persuade him to go; he said
once that he would not 60 for me or any other
-- -- in the prison.
then put up my watch saying, Clark ask
You once more to put down that knife; put on
your coat and go to the cell room, and further
said, you are taking your life in your own
hands; shall daily with you no longer; if
had fired from where I stood would have en-
endangered the lives of convicts glazing in the
room behind the partition, so I shifted
my position; SO as to avoid this,
drew and cooked my revolver and pointed it at
he drew up his hand and said, mo, never;"
l then shot him and put my revolver back in
my pocket; did not hold revolver in my hand
when talking with him when shifted nv
position the guard thought that was going to
spring onto CLARK, and he also changed his
position, but if we had he would cut either of
us; about ten feet distant when shot; he
threw up his hands, made moaning noise
and fell on his face; fred only one shot; had
not spoken to the other convicts; saw Reese
peering in 80 that he could see Clark; thought
then that he would assist CLARK in any diff
Guilty; ordered O. Malley to his cell and sent
two convicts to carry Clark's body to the CELL
the, dungeon; I got into the shop
just as they separated the
two men; saw the wounds inflicted Oh
Ramsden; had received complaints about Clark
once from the foreman; he promised to do bet
ter and said his task was so easy that he could
do it standing on his head; the guard COM
planned before this, and again on Monday;
Tuesday had conversation with Clark; this
was the time he promised to do better; Lemon,
the foreman, told me that he enough to
convince him that plot was being formed be-
tween Reese, Clark and others; Clark told me
that if Archie Botting, guard on the lower
toor, did not keep away from him he would
xii! him; this was the reason he was put up
stairs; Clark was a dangerous character; when
ordered him to go to his cell O Malley was at
the head of the stairs. The other one who was
connected with Clark's plotting was in the east
shop; if we had attempted to take Clark they
could have rendered him assistance;
and doubtless would have done so had not
Lemon interfered; did not deem it safe to use
force to take CLARK to his cell instead of using
a weapon; he was placed in position to cut
either of US, and could see no chance to take
him without getting cut; my opinion that he
would cut ls based upon my knowledge of his
character and manner of dealing with others;
IN the exercise of my powers as an executive
officer deemed it necessary to act as did !;
did not have any personal ill will towards
CLARK; physically he was strong and active. -
MIR. Durant then took up the examination of
the witness. Have 255 convicts in charge and
fifteen guards; only wall guards are armed
there are two means of access to the room
where the shooting occurred, and two means of
ingress; was the only one armed present at
the time; there were twenty eonvicts in the
upper shop, five Of whom were life members;
if had attacked Clark, the guard and myself
would, perhaps, have both been killed; heard
Lemons testimony; don't usually give tasks to
convicts which they can't do. -s.@
An adjournment was then taken until seven
O. clock last evening. ..4
In Favor of the Governor.
AUGUSTA, Me-, Dec. 12.-Judge Virgin de.
cided to dismiss the petition against the sec.
rotary of State and Governor for writ of man.
damus. .-.