Waterbury evening Democrat., 1894-03-20
BROCKWAY'S BRUTALITY
Results of the Investigation of
 the Elmira Reformatory.
MANAGERS ARE HELD RESPONSIBLE


 New York state Board of Charities Finds
 the Charges Against the Superintendent
 Amply Sustnined-Practiced and Encour-
 aged Inhuman Acts.
 ALBANY, March 20-The state board of charities has handed in it's report on the Elmira reformatOry investigation, and it is against the board of managers. After detailing at length the findings in the evi- dence the Investigating committee con cluded as follows:
 Frst-That the charges and the allegations against General Superintendent z. R. Brock way of "cruel brutal, excessive. degrading and unusual punishment of the inmates are proved and most amply sustained by the evidence and that he is guilty of the same.
 That the general superintendent, in punish ing convicts by blows across the face, by the paddle and the handle thereof. not because of any otfense committed by them, but because they happen to turn their hea;ls often for the purpose of pleading for mercy, is guilty of needless cruelty and gross inh":. .'.ity.
 Encouraged B.U'~ .
 That the general supr.t:.:-. permitted and encouraged officers ant E. .e', to strike, kick, beat and otherwis, 1t .: -g brutality upon the inmates when in h.s presence in the bathroom, and that therefore sail officers and keepers were encouraged to exercise brutality upon the inmates elsewhere and when not in his presence.
 We therefore find the general superintendent guilty of the charge of ''permitting, counte- nancing and encouraging brutality on the part of the officers and keepers"
 SecOnd-That corporal punishment as praC- ticed in the reformatory should be prohibited by law.
 Third-That the general m> dical supervision of the reformatory is inadequately provided for, and that the appointment as physician of a relative of member of the board of man. agers should not be tolerated.
 Fourth-That the law governing transfers Of convicts from the reformatOry to state prisons should be amended so as to prevent a recur renee of the hardship and injustice proved to have existed in the management of the re- fOrmatory in this respect.
 Fifth-That the laws authorizing the rearrest of paroled inmates of the reformatory should be amended so to prevent the rcincarccra- tlOn of such prisoners except upon proper judi cial inquiry
 Sixth-That the system of employing convcts as officers, keepers and monitors if continued in the refOrmatOry, should be amended so as to prevent the recurrence of such abuses as are shown to have grown up under the present method.
 Seventh-The present board of managers of the refornatory which is composed of but five members-a number small that it admits of no divided esponsibility-should have known of the existence of the facts as disclosed by this investigation, and yet the evidence shows they knew little or nothing about them. They were requested by the governor at the beginning of this inquiry to suspend the general superin- tendcnt pending the same, which they did un- der protest. When the prosecution had closed their side of the case and the testimony for the managers was only half submitted, they pro- ceeded to rcinstate him by formal vote and resolution declaring their continued and endur- ing confidence in him. Thus they have asSum- ed direct responsibility for his crueltes and in- humanities, for which they were before only morally liable. At the same time they have apparently gone out of their way to offer a wanton insult to the executive.
 Eighth-That the maximum number of con- victs to be confined in the reformatory should not exceed 1000
 Adopting these resolutions, the state board recommends as follows:
 Padding to Be Regulated.
 If the use of corporal punishment is to be con tinued in state male reformatories it shall only be administered upon the judgment of a majority of the board of managers, sitting a court, after opportunity to the accused to be heard in his defense and to be confronted with his accusers; that said judgment shall deter mine the character of the punishment to be administered, and if by paddling the number of blows shall be stated; that the punishment shall be administered by a subordinate officer of the institution designated for that purpose by the board of managers only, who shall not be the general superintendent, and that at least two members of the board shall be present to witness each case of punishment; that the board of managers shall record-i in book kept for that purpose a full and clear statement of their disposition of each case of corporal pun ishment brought before them; that the judg- ments of punishment of the board of managers be published to the inmates in general orders by the adjutant of the reformatory regiment or in some other general and suitable manner before the punishment is inflicted.
 It is further recommended that the physical condition of each inmate under charges that may result in his corporal punishment shall be ascertained by the physician and reported to the board of managers, sitting as a court be- fore judgment of corporal punishment is pro- nounced against him, and that the said physi- clan shall be present at the time; that at the time of punishment, if by paddlng, the person of the prisoner be so protected by a stout leath- CT jacket that no unnecessary injury may be done him; that he be properly secured and not hoisted in any manner from the ground.