Telegram-herald., 1889-10-04
THE WATKINS CASE
The Prosecution Rests It's Case
ana the Defense Open.
Az INPORTlNTRULISCBY TIE JUICE
IN the strap Used IL a Lash within the
Meaning OF the statute thea " atkins
is Liable for Dsmases-w arden
watkins Version Of lhe Anair.

ATKINS continues - occupy t-F AlltA-
ton OF the Federal court. Gpyern0S
Luce was IN attendance yesterday, and
the examinauon OF the prime pal wlt-
ness for the complainant, Dt. A. b.
Way, occupied nearly the entire day.
The forenoon Eas nearly consumed la
the direct examination for the brOsecu-
ton, and the cross-exam nation was
jus. begun when they adjourned for
dlnner. The bulk OF the testimony
Was 10 show the manner OF the punish
ment usually practiced in the prison
and the facts N tbs particular case.
The immediate results of the punish
ment upon the complainant was
minutely developed as well As this sub
sequent condition. The case for the
defense shows great ability M rs pre-
paratlon, and the minute particulars
Of evidence that have been gathered
from various sources show that the
warden's counsel have left no stone
unturned.
densed ever saying that Warden Wat
kins was not responsible for JOhnsOn's
injuries, but that II was through the
fault of johnson himself. and that in
squirming about under the lash he re-
ceved the blow where he did.
Considerable time was occupied in the
presentation OF various reports pre-
senteG by the doctor during MS term of
office at the prison and the identltica-
ton OF them 10y the witness.
The witness admitted that he might
have mentioned To several individuals
tnat ne thought Johnson was playing
oil, as ne at one time believed that TO
be the fact, but WAS afterward con-
vnced that he was not. Attorney Eg
giestOn, who Is learned in anatomy and
surgery as well rs IN the law, took the
witness for the Dul pose of crOss-exam-
lnng hlm upon the physical condition
pi the complainant after the punish
ment. The witness stated that he was
suspended for refusal 10 obey the order
OF the warden 10 place man IN the
hospital who was suffering with ear
ache, and for this he was Immediately
suspended and left the institution. The
board atterward sustained the action OF
the warden, by diScharging him. He
stated that he graduated from the Nj
ami Valley Institute, that was once
merged into the Cincinnati Medical Col
lege, and afterward changed 10 It's orig
mai name. He also had a diploma
from the Buchanan Philadelphia Col
lege, but both were burned up with his
office in Allegan.
The case of the complainant being
finished at 800 DR.. Way was excused To
60 home and attend TO his patients, but
was to return promptly upon a message
from either side of the case.
Mr.. EgglestOn opened the case for
the defendant. He stated that the case
was one of no ordinary Importance,
not from the amount of money in
vOivcG but because OF its future influ-
ence upon the management and con-
trol OF our penal institutions. There
has never been a similar suit instituted
III any of the courts OF the United
states. There are two cases that are IN
some particulars parallel with tins
which were tried many years ago III the
city of London. The complainant had
been imprisoned for gross and
beastly crime and was an ObstrcperOus
convict. For breach OF prison disci-
plne he was punished by the strap.
The state law prohibits the use of the
shower bath or whipping with the lash
upon the bare body, and brutal or IN
human punishment OF any sort. The
complainant claims tnat the strap is
idenucal with the lash and even should
the court rule that the strap is not the
lash they contend that the punishment
was brutal and lnhuman. The com
plaint states that the officer Wickedly,
wIllfully and malciOusly went beyond
the allowance of the law. The case rests
manly upon the testimony of tins man
Johnson. lie claims that prior 70 the
punishment ne was a strong, able
bodied man, and Is now crippled from
the results of the punishment Mr.
EgglestOn asked the jury 70 carefully
consider the evidence of Johnson as -
the condition he was in after the pun
shment ind also that of DR.. Way,
simply 90 show the credcnce rs to the
cOmpiainant's evidence. The evidence
OF the expert physician was that the
bent COnd ton oi the leg was due 10 "a
weakened condition of the cxtcus0rs
on the front OF the thigh. and healthy
condition Of the hcxOrs Ou the back
part OF the thigh. enabling them O.
overcome lue balance ot muscular
power % fhc limb.
The docto. states that there was no
abrasion ot the skin. and Johnson saws
that blood was running from ns
wounds As 10 the atroph.ed cond-
ton of the luub be- said they would
Introduce evidence to sho" chat 'uero
I-a difference u size between the legs