Evening star., 1898-10-21
PRISONER POWELL'S ESCAPE
The Penalties Imposed Upon Officers Respon-
sibls Therefor.
Recommendations Made by superin-
tendent of Police Approved by
Commissioner Wight

Commissioner Wight this morning received
| from Maj. Sylvester, superin tendent Of po-
lice; the report of an investigation made by
him relative to the escape of Eugene alias
James, Powell, from the sixth precinct sta
ton house. October IL, as stated in The Star
| at the time. 1t will be remembered that Pow
ell was charged by a coroner's jury with
| having committed the murder of Patrick
Lee the night previous.
Commissioner Wight approved CT the
various recommendations in reference to
| the punishment of the officers responsible
| for Powelrs safekeeping, with the further
| recommendation that Sergt. Falvey, who
was in charge of the station in the absence
| of Lieut.. Kelly, had shown himself untitled
| to perform the duties Of lieutenant" and
| 'n consideration of his long record as
sergeant, against which there has as yet
| been NO other charge" the only penalty IS
| that ''he be disqualified from acting IS lieu
tenant in charge of precinct until further
ORDERS" The recommenda ton is vet to be
acted upon by the other Commissioners
AS, however, Mr.. Wight is in charge of the
| police department, the recommendation will
doubtless be approved.
Major Sylvester's Recon- m n ndatiOns.
After reviewing the circumstances of the
! escape at HluCH length, MAJ. sylvester, IN
his report to Commissioner Wight. says:
"Sergt Fa,vey states that he had no
knowledge OF an inquest being held at the
station, that there were prisoners con-
fined therein upon a grave charge and that
| he knew Of no such thing until after the
prisoner. Powell. had escaped, although
Acting Sergt. Payne met Sergt. Falvey at
| about the hour of o'clock pm.
ut appears that Private Mccormack of
the eighth precinct brought the murderer
! the accessories and witnesses to No. 6 sta
tion house, as is the custom to be held
therein until after the coroner's inquest
and that the prisoners were secured by the
| officers of the eighth precinct, except so
far as is concerned the locking of the iron
door leading to the cell corridor.
AT the conclusion of the inquest 1t is
stated, Private Mccormack reported to his
precinct No. 8, that he was prepared to re-
move several of the. prisoners, excluding
James Powell, who would be taken from
No. 6 to the Jail for commitment This
statement was made upon the strength of
the offer of the officer in charge Of the
patrol system at No. 6 to take the prisoner
Powell, to jail. Such arrangement was
contemplated and would have been carried
out no doubt by the officer in charge of the
patrol system, had not Powell escaped
From the statement of Mccormack it ap-
pears he was satisfied that the cell con-
tanning Powell was securely locked by him
and that the placing Of the prisoner in cell
No. was at the instance of the morgue
hSSpSi, WHO tS an assistant TO the coroner
pefore and after an inquest.
Lieut.. KelIy's Absence.
Il am satisfied that Lieut. Kelly took
proper steps to inform Sergt Falvey that
he would be absent from command and
that Sergt. Falvey did not understand that
he was to assume the duties of acting lieu
tenant, for he did Tot act as such, but pro-
ceeded to pursue the regular duties enjoin-
cd upon him az sergeant upon the street.
To this extent he neglected to take upon
himself the responsibilities prescribed by
the manual, orders and practice 1t is TO
his credit. If 1t be true, that he designated
Acting Sergt. Payne to care for the sta
ton in his absence during the time he was
performing his duties as sergeant but Act
ing Sergt. Payne, by his actions and ipdif-
terence to the affairs in and about the sta
ton showed plainly that he was in need of
orders or guilty of the latter condition pre-
Valllhs after o'clock the day in question.
II was an assumption upon the part of
the private in charge of the patrol system
to say that he would take charge of the
prisoner, Powell, for delivery to the jail
Private Mccormack did all that he could
do to care for the several prisoners in his
charge and exercised proper judgment when
ne communicated with his station as to
me me ais isoosltion of his prisoners after the
conclusion of the inquest. / am satisfied
| a1ter experiments with the lock, which l
found in an old, but fairly good condition.
mat mat Private Mccormack really thought he
PitiSSN INC u ltS 1uil length into the
lock when he actually did not do so which
"ouid enable prisoner with little effort
70 open the same, But whether or not he
mao secured the lock at the cell door, it
was incumbent upon the official in charge of
me sl&ih precinct at the time to see that
the IRON door to the corridor was locked
~ wnlch would have prevented an escape,
even had the cell remained unlocked or
open. Vi
The Other Omcers.
I'm nv Opinion Seroa,n+ Eol,,o,, Al, -.
snow proper familiarity with the duties of
mis- position and l. therefore, feel that he
should be reduced to a private of class 2.
but recommend him to the mercy of the
Commissioners
In my opinion Acting Sergeant Payne
did not show proper familiarity with the
uuties OF his position, and I. therefore,
recommend that he be relieved from further
dnty as acting sergeant, be reprmanded
ana warned against future neglect
In my opinion Private Lynch should
nave familiarized himself with the i'm
portant conditions that existed at the sta
ton during his brief charge, and am con-
strained to warn him against future neg
lect.
Il believe that Private Mansfield, in
charge OF the patrol system at the sixth
precinct station house, was neglectful in
not consulting with the officers in charge
OF the station house regarding the security
of the prisoners, after lending his presence
and that he should be reprimanded
Il believe that Morgue Keeper William
Schoneberger, assistant to the coroner, was
presumptuous in giving directions to the
officers from No. precinct as to the con-
fiji. ement of prisoners, and that he should
have directed such officers to the person in
charge of the stations- !
Il would suggest that the steel gratings
approved by me some, months ago for con-
nection with the cell doors be placed in all
the station houses Immediately, except No.
l precinct. where they have been In use
for some time and have proved efficient,
and that so soon as 1t may be practicable
to obtain an appropriation from Congress,
steel cells with modern appliances be put
in vogue in all the station houses In the
District. II
This condition is a strong argument for
the creation of desk sergeant in lieu OF
station keepers who should have authority
to give directions as to the security and
disposition of prisoners ftf the absence OF
the commanding officer in any precinct
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