Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-17
STATE PRISON INVESTIGATE
Conclusion of the TestimonY-The Prose
cution Fail to Sustain Their Charges.

tnat OroVer naQ LOSE his Cf1ce on the nrSt OF
the present year by the adjustment of the
Office of Resident Physician. This the prose
cution admitted, and the next witness called
was John K. McComber. Witness testified
that in January, 1888, he was Constable Of
that township; investigated the matter Of
the breaking open of a car near the prison
found ssck and crowbar SO marked as tc
indicate that they came from the prison
Railroad detective Hickey said he would
visit the prison and see about it. Witness
could not explain how the "No. s" on TIE
sack indicated that the robbery was commit
ted by prison trustees. Could not say that
he ever saw q convict in Folsom after night
Cross-examined-Have reason to suspicion
that the robbery was committed by China.
man just discharged. all is hearsay; don't
know W. committed the robbery. Do moi
suspicion Itrusties of the prison.
Redirect-Hsve seen q convict on the
prison ranch beyond the guard line he had
prison shirt on. Don't know / ever heard
complaints of TRUSTEES being allowed outside
the prison grounds. Don't think convict
could get away from the prison; four or five
desperate men undertook it once, and some
were killed. Think the prison thoroughly
guarded.
John Scuily, sworn-Am st present guard
ct the prison. Know Fen. Fisher, guard
do not know of mis- usIng liquor, or having
been under the influence of liquor; have not
particle of hesitancy in testifyiug in this in
vestigation. No cross examination.
John Shannon, sworn-Am a guard at the
prison. Know guard Fisher; know nothing
of his having dissipated habits have no.
seen him on duty in helpless physical con-
dition. No cross.examination.
j. NJ. Miner, sworn-Am clerk OF the
prison, and have held that position sincs
July, 1880. General McComb sent me g
book indicating that contributions were de-
sized from attaches for political purposes
understood that the sums desired to be col
lected were voluntary contributions. Smith,
my assistant, took the book on payday, and
asked the employees how much they would
give as they were paid off. Some days be-
fore had a conversation with the Warden
about the matter. Asked him how much
each should be expected to give. Suppose
the employees to be of all shades of politics.
Turned the money over to the Warden.
Saw no book from the Democratic Central
Committee. Told the employees they might
do as they pleased about subscribing. Think
that all subscribed, Had no positive direc,
tions from the Warden what to do. Know
tins sum expended since October, 1881, by
Warden McComb for newspaper subscrip.
tions, fling bond and travelling expenses. Il
Is 1856 SO.
This expenditure the prosecution declared
TO be illegal and extravaganza. The def
made the point that the Warden's bill had
been passed by the Board of Directors and
audited by the State Board OF Examiners.
Witness was asked if the expense Of main
tanning the Warden's household exceeded
that of his predecessor. He answered that ii
did, although the Chair held that the ques.
ton was immaterial. Month before last the
,WGrden's househ hold expenses amounted to
upward Of $500, and last month about Sl60
a statement before the Board, purporiing to
nave been taken from the Com nissary's de-
partment. showed that the average for 1882
was S166 per month.
Ga demand of the prosecution he books
were brought in. Chairman Boggs ruled that
the Board had nothing TO do with the expense
The expense f W arden McComb's household
would be legitimate matter for investigation,
but not the other.
At this stage Of the proceedings III P. NJ q
huge pile OF books were brought in, and the
examination Of them begun under the c)ndi.
tions CT the ruling OF the Chair. Finally il
was agreed to accept q statement already
compiled from the books TO save delay. This
statement shows the monthly average Of Sl66,
referred to above. Notwithstanding the
previous ruling Of the Chair, an examination
was made by the prosecution Of the monthly
expenses of Warden Peckman's household
In doing this the prosecution ran against q
euag, the discovery being made that Warden
Pockman's expenses for several months ran
much higher than had been anticipated, and
dispute arose as to the admission Of the
whole of the evidence. The defense claimed
that if some month"; expenses we're to be I'D
mitted all must be, and the Board so decided
Cross-eIamined-I here was no compulsiou
upon employees TO subscribe to the campaign
fund. The books of the Warden household
are kept separately from others. Did no,
know the politics Of all the employees, but q
majority were Republicans Have no recol
lection of $40 having been kept out OF
Dwyer' wages for funeral expenses Of Captain
Towle. Never KEEP back bny sum except
what was owing to the Commissary. Dwyei
expected $50 per month, but got only $50 He
claimed he should have had the salary of q
different position from the one he filed
Chairman Boggs here explained that DWyel
told him he thought he should have had S6(
per month, while the pay Of his position wa:
$50
John McComb, Jr., sworn-Am Commits
ssry of the prison, and one of the Warden
family. The defense explained that the law
ALLOW ed the Commissary a living outside Of
the Warden's household.
At 11:S0 P. N. the Board adjourned till
a. NJ, Saturday.
The Prison Directors met at \, NJ. Satur
dsy to resume the investigation Of the
charges against Warden MoComb. Clerb
Miner was questioned as to the ruIuber Of
\, boA LOO l.
administration. Chairman Boggs stated tina
the Board was regularly informed of the es
capes by the Warden's monthly reports
Witness said he could net readily state tbs
number, but had book showing what il
would be, and the book was put in evidence
The prosecution here stated shat the csss
was closed, with the exception that they
would ask TO put z. f. Dolan on the stand
should he arrive, to which the defense agree ed
The defense opened their case by calling OF
Benjamin Oh smbers, Captain Of the Gusrd
Witness bad been four wears il the employ
of the prison, and Captain since April, 1888
Guards are supposed TO be subject to call fol
duty ct any time. In regard to young HaI
rison, WITH ess found him off his pest and rep
| rimanded him. He asked witness 20 give
him his time account. Told him he was act
ing foolishiy; did not tell him [ would
| FIX him; said l would FIX it," mean
| ing the matter Of what was due
| him. Reported the case to the Warden, auc
be ordered Harrison $ discharge. A few mel
were allowed on the farm last Fourth Of July
and three escaped. They " ere prisoners who
had performed farm work. Prisoner AlleI
hiss had charge of the stable and live stock
| he is very trustworthy. When sent to neigh
bors houses on duty, or to town, he has been
allowed to wear citizens clothing to protect
him from annoyance or arrest. Allen wa
| trusted to go anywhere. Sometimes prisoners
engaged in plastering wear overalls TO pro
tect their clothing from injury. Prisoner
Laux is industrious and faithful. He ha
been trusted often, and never betrayed tht
Warden's confidence. Men handling hay
mus. wear overalis 70 protect their woOleI
clothing. In the busy season we employ
many short-termers On the rarch and allow
| them to wear canvass or duck clothing. On,
who cooked for the men aud had to be OF
hand early, was allowed to sleep en- thu
ranch. He wss always faithful. and is 81
| still. In regard to the use OF opium in tht
prison. great diligence is exerted to proven
| it. Whenever reported such cases are in
vestigated, but it is almost impossible to fine
the ones who used the pipes. One prisone
| will lay the blame on another. Wheneye
| guilt is fixed on prisoner he is punished.
| Witness was questioned as to the state
ment of the armory having been left open
| He said it was the duty of the gate keepe
| to guard the armory and keep it closed. Ont
morning, as the prisoners were being counted
| out, it was found that the door had not beef
/ closed. Witness sprsng and closed it. Tina
WIS the only time it ever came to witness
knowledge that the srmory had been LEI
open, Witness looked after the srmory ever,
| Jcr Sill - ia away hack nlt of tba yzav