Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-09-10
FORGOTTEN BIS own TESTIMONY.

took lunch IN the Warden's house, will be
pardonable IN those ignorant of the attend
ant circumstances, but it is not permissible
in Mr.. Owens, for reasons that should be
made apparent to the meanest capacity.
In the first place Mr.. Owens appeared as
attorney for the prosecution, and yet he
himself accepted the Z" elegant hospitality "
OF the Warden. It must have been evil
dent from the first that Mr.. Owens in
tended to "let the Warden down easy"
In the next place Mr.. Owens knows that
the Warden dispenses the hospitality of
the State under allowances provided by
not again forget it-that the case against
the Warden was made by himself and his
informants that all the time the Commits
sion could afford to give to the case of the
Warden was consumed by Mr.. Owens and
his friends. These parties appeared before
the Commission with prepared case.
They were aided by detectives and backed
by long list Of witnesses. Months had
been consumed IN the preparation
of the case by disaffected officers of the
prison. One of them admitted that almost
from the first month of his official relation
with the prison he had kept diary of
events unfavorable to the Warden. The
case against the Warden was made wholly
by bIr. Owens and his informants. Every
facility was afforded them for the prosecu-
petent for the prosecution to complain.
Mr.. Owens and his informants made four
teen specific allegations, and offered evil
dence in support of only five of them.
As to Mr.. Owens own opinion of the
strength of the case made by him, we are
not left in doubt. The official transcription
of the testimony is available to clear up all
controversies that may arise, and few brief
extracts will place Mr.. Owens position for
ever at rest. For example, one of the
charges made by AIr. Owens was to the
effect that the COmmissary had built a
yacht worth 3, 500 from lumber and ma.
terials belonging to the State. When all the
evidence upon this allegation was in, the
Commission presented an agreed statement
of the case, TO which Mr.. Owens con-
scented, as follows
1t is in evidence before the Commission that the
yacht constructed for Messrs. Ellis and Berry was
constructed Of lumber purchased by them in San
Francisco except to 800 or 500 feet of pine hoor
ing, worth from two to three cents foot; that the
labor employed in the construction Of the yacht
paid for by said Ellis and Berry from their private
money, except as TO the labor of two or three con-
victs, which it is agreed the testimony shows to
have been OF incousiderabie value that the princi,
pal boat builder to wit, one Caswell boarded dur
ing portion OF the time employed in the coastruc-
ton Of the boat at the prison, for which board said
Ellis and Berry have not paid that lum-
Der to the amount OF 900 or 500 feet, OF
the value heretofore mentioned has not been
paid for but that said Ellis and Berry claim an off.
set for certain spars, used for the benefit of the
State which they claim and declare to be Of equiva
lent value to the lumber used in the construction of
the boat. To this statement all parties to this in
vestigation agree.
To this Mr.. Owens agreed. The entire
sum in controversy amounted to Sll 30,
and the methods of this transaction were
duly noted and condemned in the report.
At length Mr.. Owens and his informants
rested their case. a brief extract from the
official transcription of testimony given be-
low will show clearly what Mr.. Owens
thought of the strength OF the case made.
We quote:
The Chairman MIR. Owens. you rest your case
here, do you?
Mr.. Owens-I think will not introduce any more
witnesses at present. I ask at this stage of the
proceedings, Mr.. Chairman, an expression on the
part Of The Commission in order that it may 90 on
record, if the Commission please whether or not
have been justified making the publication did,
on which this investigation was primarily ordered.
Chairman-Is this question OF personal privilege:
Mr. Owens ask 1t as a matter of personal priyi-
lege.
Chairman-Let us consult about that and see
whether it is proper (aere the Commission holds
a brief consultation.)
Chairman-Mr. Owens, what you ask is not
whether you have established case against the
management OF the prison. but whether you had
right to believe you were in possession of informa
ton enough to justify you journalist in calling
public attention to the condition of public insttu
ton That is the question you want answered!
Mr. Ovens That is the point; yes, sir
Chairman-You have been sworn in this examlu-
alton. desire to ask you one or two questions.
Mr. owens-yery well, sir.
Q.-Has the evidence as ELECTED by yourself in
this examination been strong as you were led to
believe it could be made by those who gave you the
information
Alt has not
ON what proportion Of clses has it fallen below
your expectation?
A.-Well nearly all, except perhaps the one naSe
nth regard to the eonviet benson. think hare
fully sustained that point. As to the other points,
the evidence has not been what led to believe
it would be-
Q.-Iu some cases was there total failure on the
part Of witnesses to testify to what you had been
led to believe you could rely upon thom to estfy to
Ayes, sir.
Q-Then you had information upon which to base |
your publication that has been brought ont here?
Whit 1 supposed to be.
Q-h was represented to you that there was |
stronger evidence than you have found to exist in
the case?
A.-Yes. sir.
From this it is plain that Mr.. Owens had
been deceived that his informants had
misrepresented the strength of their case.
Mr.. Ovens, under oath, gave verdict
against his own case. But beyond all this
Mr.. 0wenshas intelligence enough to under.
stand, if he gives himself time to think,
that the strongest impeachment of Di- |
rectors and Wardens is successful i'm
parchment of the penal system established
and maintained by them. The greater in.
cludes the less. Ii charges of petty scan
dals could be established they would have
only so far as they would |
reveal incapacity on the part of prison
officers to establish and administer proper
penal system. It is altogether consistent
for the malicious stupidity which controls
the columns of the AhG to rave at the |
absence Of petty vulgar scandal in the re-
port, because the comprehension Of that
paper is OF a plane with these. But this