Rocky Ford enterprise., 1893-12-07
IMPORTANT COLORADO NEWS.
THE PENITENTIARY MUpDLE.
Governor Waite Removes Warden Mo-
Lister aud His Successor Holds the
Position Ono Day and IL Then
Oustod. The Governor Ro-

Ousted.-The Governor Ro-
scinds His Order.
The trouble which has been taking place at
tho state penitentiary for the past few weeks,
assumed new phase at IN early hour Satur-
day morning. At about 80 o'clock Solomon
J. Toy, appointed by Governor Waite TO sue
coed Warden McLister, arrived at the depot
at Canon City, being met by d. II. Bruce, tho
form er deputy warden. They proceeded At
once to the prison. Bruce aroused the night
man Mt the front gate and was let In by him
to the inside. After getting In, Bruce said he
was 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 the Office, Bruce proceeded TO hold
him up for his firearms and keys, also re-
lieying the gateman OF his keys. Tho eI-
deputy then gave the signal to Toy, who was
let inside, and showed his credentials from
Governor Waite.
Communication with tho W4rden's house
was then cut OF and trip to the main prison
made, and other guards disarmcd aud keys
secured until tho place was In their posses
sion. The first intimation Warden McLister
had OF trouble wns when the prison whistle
was blown at 3:45 o'clock, as an alarm, by
whom It is not known. McLister At once got
up and proceeded to the front gate, there de-
mandIng admittancc, which was refused. He
then asked pc Emission to proceed inside TO his
desk and arrange private papers, but this was
also refused. The warden then returned to
the house.
The news OF this sudden move created .
great sensation In all parts of the state. At
Denver the state board Of charities held a
meeting with the governor and urged him to
Ia ah nfIo
of Professor slocum J. s. Appel, J. Warner
Mills and Dennis Mullins had remarkable
effect upon the governor, and he became con-
vinced that he had made blunder. He tele-
graphed Mr.. Toy TO remove no moro guards,
but to turn the keys over to McLister upon
receipt OF q written order. This order was
forwarded by Secretary Gabriel, Of the state
board Of charities, but he did dot reach Canon
City until Sunday noon, and then found that
the condition OF things had been changed.
During the day McLlstcr had been indus
trious. He saw n lawyer, looked up the stat
utes and decided upon a course. He got hold
of Guards Gibbons and Kelley, and told them
he would have them to escort Toy outside tho
walls that night OF the sixty y-four guards In
the prison McI.ister knew he could count on
fifty. Accordingly At night watch was kept
on Toy, and as soon ss he was asleep his re-
volvcr was taken from him and he was
escorted from tho prison at the point
of revolver. Warden McLister then resumed
control. His first step was to notify all
guards that he was 10 control, and this fact
wus communicated to the prisoners. The
men who had SO very obligingly laid down
their guns to Bruce the night before were
given a leave Of absence.
-Four hours afterwards J. II. Gabriel
reached tho prison with tho governors mes
sage to Toy, ordering him to turn over every
thing to McLister, but he was Informed ho
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 tho attorney
general or any other lawyer, and was based
upon section 8, article 4 of the constitution
which seems to confer the necessary author
ity. Another clause, however, appears 10
guarantee the right Of the warden TO trial,
and the statute provides that the warden OF
the penitentIary can only be removed BY the
board Of penitentlary commissioners after
hearing of the charges preferred against him.
It is believed that the governor now expects
to get McLister removed through the board
of pcnitentiary commissioners. To do this
he will remove Commissioner Reynolds,
| against whom charges have been made, and
appoint some one who is in sympathy with
| the executive.