The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-10
INTO LEMONS ACTS
PRISON INQUIRY IS To BE RESUMED {
AT SALTWATER THIS
MORNING.
C0NvICTS WANT TO TALK.
SOME OF THEM HAVE MADE
KNOWN 4 DESIRE TO
TESTIFY.
DEFENSE IS IN A SORRY DITCH.
Its Recognized Organ Resorts to
misrepresentation and Cheap
Article to Gain Sympathy.

The investigation of the charges
made against Deputy Warden Lemon,
Of the state prison, will be resumed
this morning at the prison, it being
expected that Warden Wolfer, and
President O'Brien. of the board of
managers, will then be back from their
junket to the San Antonio conference
of prison officials, where Mr. Wolfer
was chosen president of the national
association.
While the inquiry has been in suspen-
sion for two weeks nearly, that time
has not elapsed without bringing out
new facts in regard to the frequency
with which the club is used at the
prison.
Assistant Deputy Warden Colligan
could not swear in the MoshilI trial at
Minneapolis whether he had ever
struck Moshik with club or not
DR.. Merrill and other attaches of the
prison staff were also on the stand, and
in its resume of the trial, the Mime
apolis Journal, which was for a long
time one of the staunchest supporters
of the Lemon policy of clubbing pris-
oners, said:
THE testimony of the prison ply
sician was regarded by the jury as
somewhat strained in the interest of
the prosecution. The testimony of the
local detectives and the prison officials
was accepted with a very large grain
of salt"
DR.. Merrill testified that Moshik was
on the sick call" rs to 100 times, but
said that he had never treated him for
a wound on the head.
The desperation Of Mr.. Lemons case
is best shown, however, by the semi
editorial defense published in the Dis
patch of last night, the relation Of the
Dispatch and Mr.. Lemon being already
familiar to the people of the state.
Realizing the popular feeling exist
ing in the state, and especially in the
vicinity Of Minneapolis, against Moshik,
just convicted of murder, the Dispatch
tries to drag him in as an instance of
the class of prisoners for beating
whom Deputy Warden Lemon is being
criticised. 1t then says, This is a fair
illustration of the acts upon which are
based the charges of cruelty
AS a matter of fact, MOshik has not
been brought into the inquiry into the
charges against Deputy Warden
Lemon at all. If he is in the future it
will be by the defense. A great deal
of the testimony has been had in re-
gard. to one Rogan, and it may be well
to tell that story over again, twice.
The Dispatch tells it this way, drag
ging Moshik, who was not concerned
at all, in, as previously stated. for the
express purpose Of appealing to pop
ular feeling, Electrically:
Another case illustrating the necessity for
mt Vsfer t.Il
ton on the part Of the prison authorities
at times Is that Of the man Moshik. or
partner Of his equally vicious and violent.
This convict, who was OF a particularly ami
able disposition as viewed from the stand
point Of the prosecution, had concealed the
blade Of a shoe knife in his clothes and
carried it from The shDP. In some way he had
managed TO fit haEdle to the blade and
thereby became possessed OF a Te-y dangerous
weapon. One day as the conyicts rose from
the dinner table this suddenly turned
upon the guard near him and struck at his
throat with the knife. The guard lowered
his head and caught the blow in the face,
otherwise ne would have been a dead man.
The convict followed up the first attack with
blow upon blow. The guard next in line
stood transdxed with establishment or fright.
Deputy Lemon, from across the room saw
the blow struck. He realized the situation
at once, and, running across the room.
knocked the murderOuS convict down and
ordered the others to march to their cells.
This Is one Of the acts for which he IS
charged with cruelty. OF course, from the
standpoint Of the prosecution there was moth
ing cruel in the act of the convict.
That is the DispatChs story and it
is incorrect in every detail
The incident as testified to before
the commission varies materially
therefrom in detail. By this testi-
mony the halo of herOism is stripped
from the battle Drawing brow of the
deputy warden, and it appears that at
the time Lemon mauled ROgan tina
latter was several feet from the scene
where the instruction began and that
he had protested to the deputy his
willingness to proceed to the solitary.
1t is not the suppression of insurrec-
ton that has been charged as an eX-
cess Of the powers of the deputy war
den, but it is the sheer brutality with
which this pUgnaCious official pursues
already OverpOwered prisoners. who.
according to the testimony. have been
assailed with fists and feet and canes
while pinioned by fellow convicts or
others. If the people Of Minnesota
consider this herOism, then Deputy
Warden Lemon is just where they
want him. If the people Of Minnesota
want a death rather than a life SEN
tence the penalty for Nels Heen's
crime, then they should continue Frank
H Lemon in prison, for it has not yet
been cOntroverted that the clubbing Of
w
or not, was a frequent incident Of pris-
on life.
Fortunately, however for all partiei
concerned, the judgment in the cast
is to be made, not by the Dispatch, mol
even by the G I 0 b e. but by three mel
who have heard all the testimony
practically, and who have a basis or
which to weigh it far superior to any
comment which may be made on it
editorial or otherwise.
When the commission adjourned Mr.
Penney stated that he had presented
all the accusative testimony, with the
exception of few witnesses in Still
water, and it is possible that a few
days more will complete the sittingS
of the commission for the taking OF
testimony. They will probably meet
thereafter to formulate the report
which they will submit to the governor
The session Of the committee Il
called for this morning at 10 o'clock
A dispatch from Saltwater states thai
James Rogan, the convict on whose
case the organs Of the defense have
laid much stress. has asked permits
sion to testify before the commission
and that it will probably be granted.