The morning call., 1892-12-05
HALE IN A PICKLE.
He Must Explain the Prison Homi-
eide.
Strong Feeling at San Rafael Over the
Killing of Convict MarshalI-AIex-
ander Must Stand Trial.
Special to TIE MORNING CALL

SAN RAFAEL, Dec. 4.-The exoneration
by the CorOnrr's jury of Guard Alexander,
the man who shot and killed Convict
Marshall and seriously wounded Convict
Miner within the prison walls at San
Quentin few days ago, was thought by
Warden Hale to have ended the Incident.
He regarded the action of the jury as fully
justifying his man In what he had done and
placing him outside the pale OF the law.
But il has not been So The warden has
been taking credit 10 himself as a disci-
pinarian and has imagined that the rest of
the world looked upon the killing in the
same light as did himself. He was rudely
awakened yesterday. Since the homicide
sentiment strongly against the conduct Of
The prison officials has been growing in this
community and it has taken the form of
warrant for the arrest Of Alexander. who
will be compelled to stand trial.
At the time OF the killing the warden
navely related to the reporters who ques-
toned him the means he had taken 10 trap
the two unfortunates. II he did not say it
IN so many words lie left the impression
that he had been aware Of the plot OF Mar
shall aud Miner for some time. He knew,
it would appear from his statement, that
the men had pUTl0ined tools from the shops
in which they worked and had fashioned
them into instruments by which they hoped
to force the locks and bolts on their cell
door and make their escape. Resolved to
make an example of them, according 10 this
statement, he stationed guards at point
where they could command an unobstructed
view of the cell without being themselves
observed. These men were armed, and
their subsequent conduct seems TO prove
that they were filled with the intention Of
using their weapons.
AS the Warden expected. Marshall aud
Miner forced their way out of the cell, and
when in plain view on the corridor of the
prison, and while within its walls, were
shot down without word Of warning by the
concealed guard, Alexander.
The questions which have arisen in the
minds OF the citizens of this community are
these: If Warden Hale knew that these
men were contemplating break for liberty,
If he knew they had stolen tools aud were
intending to use them in their endeavor,
why did he not nip the conspiracy in the
bud remove the men 10 the dungeons and
confiscate the contraband files and bars?
Or why did he not direct Alexander 70 make
an attempt to capture the men, or at least TO
warn them before taking their lives?
The fact that both were within The prison
walls and with no immediate opportunity
of making good their escape is a telling
point against the guard and against the
warden, for tie citizens naturally hold
Hale answeTabe for the acts of his depu-
ties.
1t is the common opinion here. and every
thing. even the word of the warden him
self, tends 10 confirm it, that Hale was
fully cognzant of the prisoners plot and
had taken into consideration the probability
Of their being wounded or killed. His explain
alton of the unfortunate affair is against
him. he descants on the habit of the con-
yicts stealing tools from the shops and car
rying them 10 their cells with tie intention
of employing them in preaching the prison,
and of the necessity of putting stop to
this dangerous practice. Everybody here
admits the absuIdity OF permitting the pris-
oners TO have these instruments, but they
ask, Is there no way of remedying the evil
save by the drastic method OF homicide.
Have the eonvcts no rights, and are
their lives at the mercy Of every guard with
a shotgun charged with buekshot and lying
in wait for an opportunity to use II? The
citizens admit the danger. but they declare
that the true remedy lay in the warden per
forming his whole duty and having the cells
searched as often as practicable for contra
band articles-knives. files, bars, opium,
and the Ike, all OF which are known to be
plentiful among the men.
Your correspondent obtained these views
from many of the best-known merchants
and business men of San Rafael They are
very warm in their language, and il is more
than likely that Guard Alexander will have
spirited time before he is clear of this
scraDe