New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-02
OLD TESTIMONY RULED OUT.
THE PROSECUTION IN THE BROCKwAH
INVESTIGATION LOSE A POINT.
x,,1nrNcE TAKEN AT THE FORMER INvEsTIGA-
TON NOT ADMITTED-Two FORMER KEEP
ERs on THE STAND-HOW MR.. BROCK


WAY USED THE PADDLE
r,,nira. n Y. June THE third and last day OF
the present sitting Of the investigating committee
at the State Reformatory was opened win an al s
rnent by Frederic r. Coudert and ex-Judge "iIoe'''
% the prosecution for the introduction as evidence
OF the stenographer's notes OF the lnVesusalio"
which was made by the State Board OF Chari''eS'
and which resulted in report TO the heslsia'"'
conden,ning the Superintendent and the manage
nent of the institution. Mr. Coudert said that Ihe
,rosecut,on had a right to show what knowledge
the managers Of the Reformatory had OF the 'ies"'
acts which had been proven to have taken Piaoe IA
the institution. He also said that the testimony
IN the formal trial sufficient to JUSTIFY anu re-
ouire the dismissal OF superintendent broCNwaS'
and that the evidence Of the brutalites ana afro
cities was known TO the managers "heh lneH ,e
stored Mr. Brockway to power lie held tha' "e
managers who are the present defendahts n"N
countenanced the crueltes and Illegal acts "hVh
had been committed. and it was proper tha' ue
nrosecution should be allowed to show thls he
held further that the Governor or the STATE III 'p
nointing the present committee. did so III oruei ~
Lnov whether the State officials Of the Board OF
Charities did their duty. Mr.. Coudert auueu ''"'
a., Tho face Of all the evidence which had been pre-
santed the managers had written a memorial u
the Governor declaring that there was ho' " '
tilla of evidence to prove the charges anu no" "e
prosecution claimed the right to snow "ha' 'N,'
evidence was and TO prove that when the ueIehu-
onts restored Mr. Brockway they were In possess
sion Of facts which made it crime Tor theh u p"
him back in office . j.. chou,
Ex-Judge Gilbert read from the statutes 10 s"o"
,ha, the commissioners of Charities had power u
Investigate the management of the Reforma'ory
% e,orcheald Of counsel for the defence.
nnosad the admission Of the record OF the former
inouirv He said that the present trla' Is -
ouasi-crimnal character. and II II results J." .0
removal OF the managers they may De l"u'c'eu iO'
rnalfeasance in office and crimnany prosecuted
man IA
- he faced with his accusers and given an oPpo'-
tunity to cross-examne them. ana 'hd' d. 81"
former investigation hearings were heid AZ DAii"e
mora Auburn and New-York City when the mama
gers we're not present Mr. Stanchheid sa'u ",a'
the prosecution did not represent the people VINO
can only be represented in trial or TINS char-
acter by the Attorney General On the other hahu'
the defendants are State officers, ana II "ouiu oe
nanifestly unfair place In evidence against 'ieH
testimony taken before an improperly constituted
tribunal and full Of instances OF untairhess' ne
Then smoke of the delegation OF the powers or the
State Board OF Charities 10 committee OF three
one Of whom died. went to Paris and only one
completed the investigation and made me report
to the Legislature. 49,,
William NJ. WINS followed by declaring that 'he
charges in the formal trial were so improbable on
their face as to be Incredible There were so many
evidences Of fa'sehood that no Intelligent man
would accept them. The whole trial was one
sided and should no, he admitted as legal EVIL
tho nrssent committee TO try the case upon the
charges made to him. and 1t was for the pFosecu-
ton to prove the charges TO the satisfaction oil the
committee by evidence which they are TO hear, and
that they not appointed 10 READ the 'es''-
mony in the former trial
Mr. Coudert and Mr.. WINS enlivened the argu-
ment with several passages at arms during "h'c"
the sincerity Of Mr.. Couderts humanity was ques-
toned and Mr. Ivins's mental condition was said 70
need an inquiry
in ~
the committee said that the rules Of justice and
fairness should be observed. and that the witnesses
who gave the testimony should be heard and seen
The great point OF the admission OF the records ne
said was. without doubt. 10 prove the cruetes al
legged to have been committed. and the committee
decided not 10 allow them.
Malcoll A. Breese, who occupied the position OF
keeper guard and Instructor at the Keiofn tH5
that he remembered two cases Of chained in
the solitary cells one OF them ni,In an To the hand
had SseR Pss E" as n %fi
way administered the punishment with the strap rap
inmates INN cried out 'oh. Mt Brockway." an, and
Would make the flesh OF the back red and agra a.
waited and further blows on the same place maze tI
oonG recall only one did not
beg for mercy r IN ah s ac a%ey az ordered the
witness said he struck the man in the face WIN M, ms
Suty Who attempted TO commit suicide by cutting
his throat The witness was hospital keeper al
not a ;evere one He said that the was locked
up In the solitary cell after that. but he did not
whose name he thought was Goodman who was
Ne0 On cross-examination Breese said that he had
VI seen MIR Brockway strike men in an apparently
self. To questions by DR.. Flint. the witness saiG
that when men were chained to the IRON par III
the floor with thin bedtick under them The Wit
ness said he had once seen Mr.. BrOckWay slap lht
face OF an inmate who was insane. and VINO wa,
the occurrence He said that the blows were &c
attract the attention OF the inmate ana were no.
The next witness was Robert /. Manley, gro
tormatorv from February to June, 1893 He said
that he was not present when punishments were
screams coming from the room on various occa-
sions and inmates with bruises on Their races
nrjncInal keeper and Heutenant-cO.onel OF the mill
tary in 1888 He had Ha.pn strike boy VIII
narade The blow was in the face. and tnockel
The boy against the wall Of the shop. The boy cried
not drilling properly. on another occasion Brees'
said that he Halpin strike a boy ana sweal
at him, Hapin also called boys damn '''''
Mr. stanchheld interrupted to say that the US,
of the word damn not profanity accprdlnt
to the Code Mr.. Coudert Immediately asked th'
witness 500, hoard Colonel BRYAN use languag,
prohibited by the COde?"
Il have" was the answer
every day that ne investigated reports"
did you ever hear Superintendent Brockway use
pr prot ne, anguage?'
on cross-examination the witness admitted tha
refusing to obey orders Of keeper who was over
him. because the keeper was a cohvl IT, s ,r,,
June % at a.
AN EXPLANATION FROM MR.. KETCHAM