Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-07-11
qHE PRISON investigates.


The State Prison investigation was re.
Eumed yesterday morning, Warden Ames on
the stand. Colonel Flournoy asked a few
questions, and then the minutes Of the Board
of Directors were read, showing some orders
made in regard to the payments on the iate
factory and machinery. Witness bought
horse for the prison. paying $50, and after
wards sold it to Governor Perkins for s16O,
and he .houghtthe State made money on the
sale. Private horses were kept at the prison
at the expense Of the State for some time,
buS nov $40 per head is charged for keeping
horses and IS for COVE. Witness related how
a conmissary had been discharged for firing
8 pistol, and SONS other unimpoztsnt tesi-
mony was given.
J. w. Pierce testified that in 1880 be had
charge Ct the carpenters' department in the
prison. Witness remembered the constTuc.
ton OF the yacht and the water-wheel.
Prison lumber vas used in both, but was
taken without any order from the Warden.
Witness reported the matter to the Warden
or both occasions, and was told that it was
all right.
E. d. Perkins. who was Captain Of the
Guard and Deputy Warden ct the time the
yacht was built corroborated previous tezti
mony IN regard to the yacht and water.wheel
and tie keeping Of private horses.
Il. G. Poekmsn, who resides IN Sacro-
mento, was Warden Ct the Folsom Prison
from July t. 1880. 20 November l, 1881.
Was appointed by the Board Of Directors.
Was notified by the Board about July lst to
meet the Board in San Francisco, and did go.
Director Chapman, in the presence of the
other Directors said that he had asked Judge
Ames to concede some Of the appointments
10 them, end 1t would be but just to Ames if
the witness did the same. This witness did,
and he was requested also to write his resig
nation and leave it with the Directors, but
did not do SO. Witness said he objected
strenuoualy to thsappointmento of DR.. Grover
as Resident Physician OF Folsom Prison, but
upon being urged by Director BIcNutt, had
made the appointment. His resignation IS
Warden, was asked for by one of the Direct
ors, who stated that the majority CT the
Board desired il, and the reason given was
that witness was Incompetent to fill the
place.
The. itemized statement of "esneral ex-
psnss" st the prison for The first four months
Of the fiscal year ending june 80, 1881, which
was presented by Warden Anes the day pre-
Yious, ana refused by counsel for the peo-
pie, was Yesterday forenoon admitted in evil
dence. Colonel Flournoy wished it under
stood that be had no objection 20 its admis-
sion, but the statement was of no use, and
YVES not what had been asked for.
After the noon recess, j. j. O'C5nnor,
clerk in the Controllers office, wss sworn.
He had had occasion to examine the qusr-
terly reports of the State Prison at San
Qrealin fer the fiscal year ending june 80,
1882, and be had made an itemized state
nent, showing the salary paid in cash for the
fiscal year 1882, as shown by the quarterly
reports. The totals for each of the first |
seven months Of the fiscal year agreed ex-
sctly with the totals in the printed report.
For the last FIVE months Of the year there
was o total difference between the printed |
report and the quarterly reports of $500 20, !
the quarterly reports showing the greater |
amount. J. ?. Ames had drawn for the
year So, 200 II and j. V. Ellis $780, making
total of 81, 100 II, presumed by witness to
be on salary account, but witness said that it
does not appear az salary, nor does it appear
il the salary account.
Colonel Flouraoy said that he had ex-
pected Jerome Spaplding to be present, but !
had received telegram stating that Mr..
Spaulding would leave San Francisco on the
afternoon train and weuld be present this
morning at 10 o'clock. Counsel wished to
close the case for the people, reserving Che
right to call Mr.. Spaulding and examine him
for ten minutes.
MIR. Sears said that counsel for defense
wished to make . motion when the CASE was
closed by the Peopls, and Of corrse could not
make the motion until the case was closed.
Colonel Flournoy replied, "Well, then, [
close"
Mr.. Sears then said that the sudden cics
ing had been somewhat of q surprise, and |
counsel was hardly prepared to make the mo-
ton referred to, but ne would not ask for any
time. lie moved to dismiss the charges, On
the ground that they have not been sub
Stimulated in any particular, and that the |
Directors have been guilty Of no misconduct |
or neglect Of duty.
Counsel then took up the specifications
aingiy, giving his idea of the evidence. He |
spoke about three quarters Of an hour. lie |
acknowledged that there had been some tech |
meal violations of the law, some of which
the circumstances justified, and some of them
had been by officers of ths prison without the
knowledge of the Commissioners. Some of
the laws were not practicable, and by their
violation The Directors had saved thousands
of dollars TO the State, instancirg tho case
of the erection OF She jute factory building.
On the whole the prison had been run very
economically, and the Directors deserved
credit for their excellent management.
Colonel Flournoy made but few remarks |
in reply. He did not wish TO argue the mo.
ton st ALL but only to give his reasons for not |
arguing it. he thought the proof on some
Of the specifications was overwhelming, and |
showed the grEvsst violations of law. He |
would not ask that the Directors be removed |
on any technical grounds.
Judge Wallace, after a consultation with |
the Governor, stated that great deal of the |
testimony was perhaps not thoroughly under |
stood, and would have 90 be further examined |
to determine its weight, and that il would |
be an improper proceeding 20 dismiss the |
charges st that time
Mr.. Sears stated that if Che Commission |
would state what specifications there was
any doubt upon, or upon which it would like |
30 hear evidence, it would grsatly shorten the |
time of the investigation.
Judge Wallace said that would be improper |
and ilnpractieable, ard the Commission
would hear any testimony the defense might |
desire to offer.
Mr.. Sears stated that he had telegraphed |
60 each of the Directors to come at once.
From Mr.. ScheIl aud Mr.. Neff he had re-
csiYed answers that they would be present
Wednesday to-day. From Mr.. Chapman
and MI. McNutt he had received no replies.
COUNSEL stated that be would be ready TO go
on st 10 a. N. to-day, and. as it was late IL
the afternoon, recess was taken until this
morning.