The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-02-09
HE WAS ACQUITTED
EX-OHIEF OF POLICE BURROWS
FOUND TO BE NEGLIGENT ONLY.
Commissioner Sherman Discharged
Him Without Much Comment.
Clyde MattOx Escapes Through
the Bars Again to Prove
That He Did 1t Before.

tuc bafS Again 10 IfOVe
That He Did 1t Before.
The case OF the United States against c.
E. Burrows is ended and the defendant
discharged from the obligation OF his
bond.
As every reader of the EAGLE knows,
| charges were preferred against him by
United States Marshal Perry for suffering
Clyde Mattox to escape from the county
Jail while lie was turnkey.
The hearing was before Commissioner
Sherman and was begun yesterday morn
ing in the federal court room. The gov
ernment was represented by Mr.. Perry and
Colonel Heiskell, special examiner of the
department Of justice. The defendant
Was represented by w. E. Stanley.
The evidence occupied the entire forenoon
and two hours in the afternoon The only
thing that witnesses could not testify
to clearly was the possibility of Msttox
going through an opening in the barred
windows of the Jail less than eight inches
wide. The officers repaired to the Jail and
had practical demonstration OF the pos
siblilty OF escaping through said hole.
Officers were stationed inside and outside
of the Jail and the bar which Clyde cut
was again removed. He was turned loose
in the corridor and informed that he could
escape through the same opening again.
An officer stood by with watch in hand,
and when the word "go" was given, Clyde
whipped off his shoes, nimbly gained the
window, brushed the dust off the sill,
swung on the bars, stuck his feet out
first, twisted his body slight
ly, crawled down the bars of
lower window and fell in
to the arms Of q marshal, perform.
ing the feat of escape in just ono minute
and quarter by the time keepers watch.
He did it SO noiselessly that his move
ments could not have been heard six feet
away.
This convinced the officers more than
all the evidence that there was no official
crookedness in the Mattox escape.
THE EVIDENCE.
Deputy Marshal DeBost said in sub.
stance: 81 learned about 9 o'clock TIL at
night" he said, ''that Clyde Mattox had
made his escape. Deputy Sheriff Hays
came running in and said 'Mat.ox is gone
Hays wrote number of kilograms and
did everything he knew to apprehend him.
l saw Mattox after he was brought back.
l also examined the iron bar that had
been sawed off. l could tell that the bar
of iron had been partly sawed off at diff
ferent times. The part that was first
sawed was rusty aud the other showed
that it had been freshly doue."
Ex-Deputy Marshal McMurry was the
next witness. He stated that he did not
have very much to do with Mattox, but
did sometimes help to guard him to and
from the court house and the Jail. He
was one of theEguards who took Mattox
TO the Jail after his conviction. He stated
hat he had told Burrows to watch Mat
COX, that he was afraid that an attempt
would be made to liberate him.
Ed Walker was put on the stand. He |
tated that he had been deputy marshal |
ind went with other deputies to deliver |
Mattox to the Jail after his conviction. |
we had been warned" he said, that an
Effort would be made to liberate Clyde |
Mattox and We were of the opinion that |
here was danger that he would get away. |
md that Clyde had a good many friends.
told Burrows that Mattox ought to be |
)ut in CELL"
Deputy Marshal Spencer stated that he
lad been to the Sedgwick county Jail, aud
hat he had delivered a message to Jailer
Burrows from Deputy Debost. The sub
tance of that message was for Burrows to
7igilantly guard Clyde Mattox. THAT
here was something in the wind" The
witness then described the sawed bar in
he window and said that he had seen the
piece of iron said to have been sawed from
he window. He went up and placed it in
he sawed bar and it fitted exactly. He
Ilso stated that he had talked with Clyde
lfter his capture, and that Clyde told him
hat he had made his escape through the
,!ace in the window where the bar was
awed out. Clyde told him that he had
o remove his shirt in order to get through
he opening.
Sheriff Royse, Deputy Sheriff Hayes and
'ther witnesses were called but gave no
estimony contrary to what has been
tated so frequently in the papers.
Seegler, a horse thief who is now in the
county Jail, gave testimony the burden OF
which was that conspiracy had been !
ormed at the Jail among the prisoners for
! general Jail delivery. The bar was
awed, duplicate keys made and it was
he intention for a number of them to get
way together. The afternoon that Clyde
Iattox was sentenced they gave up the
dea of escaping in body, but allowed
clyde to escape first, for they were expect
klok H. h., |
rom which place it was impossible for
lin to escape. The Intention was to cut
IL the bars, and go together, but not hav-
ng time to do that they yielded to Clyde
s his case was the most urgent.
AT the close of the evidence Mr.. Perry
nd Mr.. Stanley made short addresses.
Mr.. Perry said-The language of the
tatuts under which complaint is drawn is
unusual in its phrassology. The
language is that one who voluntarily
pffers a prisoner in his charge to escape
hall be punished by certain fine and i'm
'rison nent. think we may understand
he word suffer in this connection TO be
anonymous with allow or permit while |
is defined TO be with ones will
II consent In other words to paraphrase !
he statute. one who OF his own Will allows
person to escape shall be punished "a pro-
'ided. The evidence in this case conviuces
ny mind that while the officers in charge
# Mattox at the county Jail We're very care |
ess ana imprudent there WAS no criminal
intent on their part aud the escape WAS
ifected without their Knowledge aud |
gainst their will. This carelessness is
specially noticeable in Mr. Burrows |
ase as he has had years of exDerieuce as
n officer aud the knowledge of the inse
urity Of the Jail WAS brought directly 10
Va: | frank liz admit that ba eyi- ]