The Fremont County record., 1881-02-12
Anntber noint xhx tbi. inues.ia.

Another point why this investiga-
ton was unfair and 0ue-sided. The
committee, on their arrival, proceed
ed, after their visit to the prison. TO
the room of Mr.. s. d. Minshall. who
has taken q strong interest in the af-
fair on the side Of the prosecution,
and there they remained until late
hour on Saturday night. Mr.. Min
shall was their guide aud apparent
adviser in all things. Further. Mr..
Minshall was constantly aIproeciliug
the members when out of session OF
when they were out of the room dur
ing the sessions. To show the am
mus of his proceeding we will state
the following facts: On Monday af-
ternoon he approached Mr.. Bowies, a
member of The comE,ittee, and said
to him, pointing o gentleman upon
the Street, ''There is a man who said
two years ago, lie Was ashamed to go
on an electioneerir9 tour with DUO
Der on account of his characters. |
want to show you what Dueber's
character is" AT this point Mr..
Minshall and Mr.. Bowles retired out
of hearing.
On Monday the committee were in
session all day, but during that time
not one single sentence CT evidence
was given which in any manner seri-
ousIy reelected upon the management
of the prison. The entire effort
seemed to lie to smirch and damage
the moral character of officers con-
nected with the Institution. Mr..
Minshell acted the part OF informer,
and he not only attempted to poison
the minds of the members of the leg
islature but he even went to q mem
ber of the board of penitentiary COM
missioDers and tried TO get him TO
listen to a scandalous tale regarding
an officer of the prison. When he
gave his testimony. we learn from
reliable authority, it was nothing
more or less than hearssy and insinu-
alton. He knew nothing of the af-
fairs of the penitentiary.
On Monday afternoon the follow
ing paper was circulated.
To the Honorable Committee cp-
pointed by the z gisloture of tle
State of ColoradJ to Investigate
the Condition and Management Of
tie State PenitsRtidry
We, the undersigned citizens of
the town of Canon City respectfully
represent that we are in favor of
rigid investigation of all ma ,,s and
things connected with sal 8Sson.
and of equal justice to the slate and
officers aud commissioners C the in
stiiu.ion. That we have learned
with surprise and regret that your
honorable bod has decided 10 make
this investigator ii secret and In the
examination Of witnesses to exclude
the officers and commissioners of the
penitcntia y and have decided 10 al
low no ere representing said officers
and commissioners to appear and
cross-eNamine sach witnesses. As may
be brought before you that you have
refused to allow said officers the BEN
eft OF counsel: that your only con-
cession 10 said officers is TO examine
and rebut such testimony as you may
deem damaging 20 said officers. And
we most respectfully suggest lhG.
you, as a committee, are not acting
as grand jury finding an indictment
which is afterwards to be tried aud
that while your report may not be
final, is likely 10 have q controlling
influence with the legislature. You
seem to forget, also, that the body to
which you arc 10 report VI ill examine
All TIC tcstihAouN WHICH you ui1y tahe
in this case and may differ with You
IS to what is damaging and what is
lot, and what you may con slider i'm
material and without weight, other
members of the legislature may con-
slider strong evidence of guilt, and in
the absence of cx plauation or contra
diciion. which you deprive the Of
ficcrs the opportunity to make, may
lantp cnnrlnstra W.
stand that you propose to examine
discharged employees OF said iustitu-
ton as well rs conyicts therein with
out cross-cxamination except by the
mcmbers of your committee that
from your want of familiarity with
The discipline of the prison and the
particular circumstances of the griey-
ance that may be alleged by such wit
nesses, your cross-exauination must
necessarily be imperfect and incom-
plete, while the officers. if present
and permitted to cross-examine,
might, with few pertinent qres-
tions, overthrow the entire statement
of the witnesses.
Furthermore, you cannot but see
that your assurance given to such
witnesses that the parties accused
are not to confront them, and hear
their statement is an encouragement
to them TO give an exaggerated ac-
count of every transaction. Your
method is not only unjust but incon-
venient; the testimony is first taken
in shorthand and If the officers are
to have the testimony. 1t must DO ex-
tended, which is q great loss of timc
and labor, whereas, if they were per-
mittcd to be present both the direct
and cross-examination might be taken
in shorthand and the business of TIE
committee proceed without Interrupt
ton or delay. We demand of your
committee Us much fairness towards
the officers and commissioners of said
Institution as you propose to extend
to tho couvicts confined therein. In
view, therefore, of the novelty of
your proceeding. tho injustice that
may result thercfrom and the impos-
sibility that any good end may be at
tanned thereby, We protest against
tho method you have adopted, and
ask that tho officers and commission
ers may by themselves and their
counsel be present and confront the
witnesses against them and cross
examine the same.
James Clelland, G. II, ShaeGer,
j. w. Mack, G, r. Cassidy,