The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1885-08-01

CAPE OF THE PRIsoNERs TRoM THI
AsHRvILLE JALL.sg
The Grand Jury Of the Inferior Court
of Buncombel county, in session this
week. made the following report to the
Court: afI .fa5aa
TO The Hon. g. A. Sh9ord, Judge Of III,
Interior Court Of Buacopabc County =. s
We the Grand Jurors for the July term
of the Court 1885, IN obedience to the
special charge of your Honor, beg leave
to make the following report S
We have examined the jail of the said
county and find it safe In all respects ex-
cept there are no sufficient barriers to
the windows SO that persons can be prev
ented from communicating with the pris-
oners in the cells. Wefnd that knives,
pistols and instruments with which to
break out of the Jail, can be passed to
the prisoners through tfeMindows. We
find that the attention. of the Board OF
Commissioners have been cal "a TO this
fact, but tlsa6 they have neglected to take
any steps to remedy this defectand there
tfore have been guilty of gross negligence
in the discharge of theirduty. And that
it is the opinion of this grand jury that
they shonld be enquired of by the body
of the county. We further find as fact
that on the night of 18th day of July,
1885, fiye (5) prisoners, on the charge of
murder, confined in said jail-did escape
therefrom under the following circum-
stances, to-wit About 81 o'clock p. DE-.
John R..Rich the Sheriff entered in the
cells where these prisoners were confin-
ed to make an examination of the cells
before locking up for the night, leaving
Daniel Henderson the jailer on the out.
side of the cells in charge of the locks
and keys fasteningthe DOORS That the
apartment in which these prisoners were
confined consists of corridor and two
cells; that the doors leading into the two
cells are opened from the corridor, but
are fastened by means of a lever that is
worked and locked on the outside of the
apartment. That the door leading into
the corridor is fastened on the outside with
two bolts, one near the bottom fthe door,
the other about the center of the door.
The latter, together with the lever, are
both worked and locked in an iron box,
which is closed ard fastened with a COM
bination lock. Before going into the corri-
dor on the night aforesaid, the prisoners
seven in number were ordered into the
two cells, five going into the cell farthest
from the door leading into the corridors
and two into the cell nearest the said
door. The prisoners having entered fhe
cells the doors were closed by the jailor
by means of the lever; the Sheriff then
entered the corridor and; proceeded to
make an examination of the same. The
jailor closed the door with the bolts, but
| neglected to lock the same. The jailor
having closed the corridor door opened
the cell doors, by means of the lever, to
~ -, \
examine them. When the doors were
opened the prisoners in body rushed
out and some presenting pistols and
others selling the Sheriff, by means of q
towel with knot in it, the Sheriff was
overpowered, gagged and thrown into
the farther cell. While this was being
done pistol was presented at the jailor
| through the bars of the corridor door
and he was ordered not to move or they
| would shoot shin. THAT the door was
then opened by one ofthe prisoners and
the jailor says he was SO frightened that
he can't tell how it was opened One or
two of the prisoners then came out and
ordered him into the other cell, where
he was also gagged and bound. The
doors of the two cells were then locked
! by means of the lever. One of the
| prisoners then tried to effect an escape
|
| the room, butthe jailor's wife, who had
possession of the keys, refused toiopen
the door. The prisoners then went to
the window and an axe was handed into
them by some person or persons on the
outside. BY means of this axe, q hole
was made through the outside wall OF
the Jail, through which. hole five Of the
seven prisoners made their escape. In
| the meantime an alarm had been given
and some citizens came and released the
Sheriff and jailor. The Sheriff then
summoned posse of twenty men and
started in pursuit, and were gone some
}twenty-six hours but could not find them
| No other effort has been made to capture
them as far as we have been able to find
The Sheriff did send word to Marshall
Burnsville and Bakersville. But could
hear nothing of the fugitives.
/ We further find that there. had been
j previous effort on the part of the prison
ers to make an escape; and that letter
had been handed to the Sheriff warning
him that an attempt would be made by
the prisoners, or their friends, to bribs
the iailor. That sald letter was writer
by a friend of one of the murdered mel
and was handed to the Sheriff by ont
of the prosecuting counsel. We further
i
i to expose himself by going into the cells
He was also told by an ex-commisslonel
of the county that if he did not know
how to manage the cells without expos
ing himself, that he (the ex-commission
er, would show him., We further fnt
that the Sheriff had been instructed hov
to manage the cells by one of the Sctini
commissioners OF the county. Th,
/ Grand Jury are of the opinion that tn,
said Sheriff was guilty of carelessnes
and negligence in not using the prope
precautions in entering the cells. Ant
!, that this should be enquired of by th'
body of the county.
The Grand Jury are further of thi
opinion that the. jailor was guilty @
4 gross and culpabls negligence in no
s locking the bolts that fastened the doc
!. leading into the corridor, and that
these bolts had been locked, no name
number of men in the cells or corridor
Would have been able to have affects
| an escape. And that this gross and ctl
i pable negligence on the part of the jaiio
/ should be enquired of by the body of tn
] countv. We are further of the opiniol
that the prisoners did have correspond
/ ence with person or persons outside 6
; the jail, and from the evidence befof
the Grand Jury that pistols were passe
through the windows into the cells o,
Saturday night previous to the escape o
Monday night. In Justice to the build
ers of the cells the Grand Jury are of th
opinion that if the rules and direction
of said builders are carried out that it
! impossible for prisoners to escape.
All of which is respectfully submittaC
'ir4 c. 4. G. DEAKE, foreman.
w. III. PENLAND, GEoRGE BRITT,
a u ID r,ar,-rxs. u ft-l- II, = -