The state herald. (Holyoke, Logan County, Colo.) 1887-1921, 1893-12-08
NEWS OF THE WEST.
THE pEN,rENTlARv MIDDLE.
Governor waite Removes Warden Mo-
Lister and HIS Successor Hoids the
Position One Day and IL Then
Oustsd. The Governor Re-

Lister aud HIS Successor Holds the II
Position One Day and IL Then
Oustsd.-Ths Governor Re-
sends HIS Order.
Tho troubIs which has been taking place at Z
Tho state penitentiary for tho past few weeks.
assumed new phase At an carly hour eatur-
lay morning. At about l:eo o'clock Solomon
J. Toy, appointed BY Governor Waite 70 sue
seed Warden McListsr, arrived at tho depot
1t Canon City, being met BY D. H. Bruce, tho
former deputy warden. They procesdsd at
,nce To the prison. Bruce aroused The night
nan At the front gate snd wss let In BY him
10 the inside. After getting In, Bruce said no
vas going away and wanted TO say good-by,
especially Wishing TO sec Night Captain Sim-
mons. The captain was called, and on COM
ing inside tho office, Bruce proceeded 70 hold
aim up for his firearms and keys, also re-
ieying the gateman Of his keys. Tho ex-
deputy then gave the signal 70 Toy, who was
lot inside, and showed his credentials from
Governor Waite.
Communication with the wArden's housS
sas then cut Oh and trip TO tho main prison
made, and other guards disarmcd aud keys
occurred until the place was In their posses-
lion. Tho frat intimAtions Warden McLister
had Of trouble was when the prison whistle
xas blown 1t 8:45 o'clock, - an alarm, by
Rhom II 10 not known. McListcr At once got
,p and proceeded to tho front gate, there de-
handing admittanec, which WA refused. He
hon asked pc rmission to proceed inside 70 his
iesk aud arrange private papers, but this was
also refused. The warden then returned to
the house. ~ "a
The news Of this sudden move created
great sensation In all parts Of tho state. Az
Denver the state board Of charities held :
meeting with the governor and urged him to
reconsider his rash action. The arguments
Of Professor Slocum, J. 8. Appel, j. Warner
Mills and Dennis Mullins had rem srkablo
,tlcct upon the governor, and he became con-
vinced that he had made blunder. He tele-
graphed Mr.. Toy 10 remove no more guards,
but to turn the keys over 70 McLister upon
receipt Of written order. This order was
forwarded by Secretary Gabriel, Of the state
City until Sunday noon, and then found that
the condition Of things had been changed.
During the day McLister had been indus
trious. He saw lawyer, looked up the stat
uies and decided upon q course. He got hold
Of Guards Gibbons and Kelley, and told them
be would have them 10 escort Toy outside the
walls that night OF the sixty -four guards in
the prison McLisier knew he could count on
nfty. Accordingly At night watch wa keeps
on Toy, and - soon - be was asleep bis re-
yolyer was taken from him aud hc Wa
escorted from the prison n the point
Of revolver Warden McListcr then resumed,
control. His frat step was to notify all
guards that be was In control, and this fact
was communicated TO the prisoners. Tho
men who had so very obligingly laid down
their guns TO Bruce the night before were
given leave Of absence.
-Four hours Afterwards ]. II. Gabriel
reached the prison with the governors mes
sago to Toy, ordering him 70 turn over every
thing to McLister, but no was Informed he
came too late.
Mr.. TOY, accompanied by Mr.. Bruce, had
returned TO Denver. Mr.. Toy Is indignant At
| Governor Waite for having gotten him into
this muddle.
Il appears that the action Of tho governor
was taken without consulting the attorney
general or any other lawyer, and was based
upon section 0, article 4, Of the constitution
which seems TO confer the necessary author
i,y. Another clause, however, appears 70
guarantee the right Of tho warden 70 trial,
and the statute provides that the warden OF
the penitentiary can only be removed BY the
board Of penitentiary commissioners after .
hearing Of the charges preferred against him.
Il 10 believed that the governor now sxpeots
to get McLister removed through the board
Of penitentiary commissioners. To do this
hs will remove Com missiooer Reynolds,
against whom charges have been made, and
appoint some one who 10 In sympathy with
th9 executive