Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-06-23

A
| the impression that he had grounds of COM
plant against DR.. Cary which he did not
care to make public. One officer, an engin-
eer, had been discharged for cause, and the
same had been the case with few guards.
] In no single instance had any official been
discharged for any other reason.
The charge of drunkenness the Warden re-
PEELED with much indignation, but without
going into particulars on that point, requested
| your correspondent to make full inquiry
! among the officers, employees or ccnvicts of
the prison, as also regarding the question of
| huence of liquor.
THE CHARGE OF WITHHOLDING MONEY
From prisoners was then taken up, and Mr..
Ellis, Clerk Of the Board Of Directors, who
has charge Of the prison accounts, was called
into consultation. Statements on this sub.
ject were made by the Warden and Mr.. Ellis
jointly, and as they agreed with each other,
can hardly be separated; but were to the fol.
lowing effect: When a convict on entering
the prison has any money, or when any
the Warden takes poss ession of it, gives him
receipt, and duly credits him with the amount.
When the prisoner desires to draw money to
supply himself with any necessaries or lux
uries, allowed by the rules of the prison but not
furnished by the State, the Warden issues to
him certificate of deposit for the amount,
and charges the same to his account. The
books and vouchers were produced to corrob-
crate the statement. The charge made by
| the Mercury in this connection was undoubt-
edly based ca the following case: The Act of
the Legislature approved April Is, 1880, for
the government of the State Prison, provides
that the moneys of prisoners in the hands of
| the Warden shall be returned to them on
their discharge from custody, or, in case Of
their death during confinement shall be paid
to their legal representatives. If none ap-
pear within five years from the death OF date,
the money shall then be paid into the
prison fund. A certain prisoner had
1924 65 deposited to his credit, of which
it was shown that he drew against it to the
amount of S134 65, for which his checks were
exhibited. He died in the prison hospital
February 2l, 1880. Shortly before his death
he made what was virtually will, leaving
the amount Cue him to two fellow-convicts.
The will was made under his alias, while the
entry in the account books was in his true
name. Soon after, the Warden received a
letter from San Francisco lawyer, stating
that he had been authorized by the devisees
of the deceased convict to take charge of
their interests, under the will of which he
made copy in his letter, and requested the
Warden to forward the amount to him. The
Warden at once stated that he had no such
sum in his possession, being deceived by the
difference in names. When that error was
discovered he then refused, and still refuses,
to surrender the money until such legal forms
are complied with as Will warrant him in so
doing. The whole matter had been brought
to the attention of the Board OF Directors,
and was understood and approved by them.
THE GATE-MoN CHARGE.
The charge of gats-money being unac-
counted for was met by the production of
the prison accounts, in which the receipts for
each msnth were duly credited and debited
to the prison library fund, in accordance
with the regulations. This fund arises from
an admission fee of 80 cents charged to the
numerous Sunday visitors to the prison.
Concerning the charge that the Warden
had withheld the pittance from the STATE
due the convicts or leaving the prison, the
toEa hot 10 ha, ! -,
matter. The law provides that when a con-
vics is discharged, if he has no funds at his
disposal, the Warden shall give him a half
rate ticket to the Place Of his conviction, a
suit Of clothes not to exceed $40 in value and
So in cash. In many cases the convicts have
money in their personal possession, contrary
to the rules of the prison, in which case, in
the Interest of the State, the Warden exer-
cises bis discretion, qualified by his krowl-
edge of their pecuniary condition, about Civ
ing them the amount allowed by the STATE.
Each convict is also allowed certain number
of days in proportion to the length of his
term OF service TO work on his own account,
for which he receives pay in cash.
THE CONVICT CLERK.
Regarding the charges concerning the pri-
vate convict clerk, the Warden and Mir.
| Ellis united in statement to the effect that
/ he is not clerk to the Warden, but TO Mr..
| Ellis assisting him in keeping the accounts
! that he was sick in the hospital, complained
OF the treatment of the physician of the
| prison, was in a very reduced condition. and
was .wice taken in buggy by Mr.. Ellis to
| San Rafael for medical treatment, with the
knowledge and consent Of the Warden, and
that at no other time was he out OF prison.
| The charge that he does not wear prison uni
form was established by the appearance in
citizens clothing Of the clerk in response to
some inquiries regarding the accounts Ct the
prison. He was very intelligent youug
man, evidently competent accountant, and
seems to enjoy the confidence of both Warden
aud Mr.. Ellis.
THE INSTRUCTOR N MORALS.
Touching the charge of abusive treatment
of the instructor in morals. Mr.. Cummings.
the Warden stated that at the expiration of
the sentence of two convicts who were to be
arrested on their release by the county au-
thorities on other charges, Mr.. Cummings
proposed to him, just before they were to be
discharged, that as they were good convicts,
and would make good men if they were given
a chance, that they should be be let out pri-
vately at an early hour by the rear entrance,
to avoid the county officers, who would be
waiting for them at the front gate at the reg
ular hour of opening. The Warden declined
to assent, alleging that he could not do SO
without an order from the Governor. The
next day he saw the Governor, who showed
him letter he had received some days before
from Mr.. Cummings, asking the same favor
for these men, which The Governor refused to
grant. The Warden was greatly incensed
that Mr.. Cummings should have made such
request of him after the same favor had
been refused by the Governor, and expressed
himself in very plain and positive language
to Mr.. Cummings on his return to the prison.
subsequently he had only communicated
with him en- necessary matters of business,
avoiding him otherwise.
The Warden claims that he never promised