The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-03
LET A PRISONER ESCAPE
ALLOWED TOM ROBERTSON TO
GO TO HIS HOME.
SPENT SUNDAY VISITING HIS FRIENDS
Management Is So Lax that the Largest PEI
Cent. of County Convicts Ever Known
Has Been Allowed to Escape
During Past Year.


Home, stands a good chance of removal
from office by the courts, if he does
not suffer a worse fate.
His bad management of these institu-
tions has become proverbial. His state
ment at the end of the year showed that
III per cent of the convicts sent out
to him had been allowed to escape.
Since then, it is known that at least
seven more long-term, desperate men
have taken leg bail. No doubt there
have been other escapes never heard of.
But it was last Saturday that the
browning act of encouragement by this
fusion officer occurred. On that day
he allowed Tom Robertson. the yonng
white man who was last fall convicted
in Wake Superior court for the seduc-
ton of Miss Julia Hester and sentenced
to a five-year term in the Work house, to
go home and spend Saturday and Sun
day. He went without guard, dressed
in citizens clothes and spent two days
with his family and visiting his friends
around the neighborhood.
Robertson was accompanied to his
home and given his liberty by Seymour
Chamblee, the son of County Commits
sioner Chamblee Pop) Chamblee is en-
ployed by Ray as Il subordinate at the
County Home.
The news that Robertson was at liber-
ty and visiting his family and friends
was first brought here by Mr. Hester,
the father of Miss Hester Robertson's
victim. and by Mr.. ]. l.. Watkins, one of
Hester's neighbors. Others have since
corroborated their statements.
r. Al L 4 I. lE
liable to Indictment Section 1922 of
The Code defines an escape and names
the punishment that shall he visited upon
an officer who either wilfully or negli-
gently allows it. 1t says:
when any person charged with
crime or misdemeanor, or sentenced by
the court upon conviction of any of
fence. shall be legally committed to any
sheriff, constable or JAILER 3 3
and such sheriff, deputy sheriff. coroner
constable or jailer, wilfully or negligent
II, shall suffer such person, so charged
or sentenced and committed, to escape
out of his custody, the sheriff, deputy
sheriff, coroner, constable or jailer so Of
Tending. being thereof convicted, shall be
removed from office. and fined at the
discretion Of the court before whom the
trial may be had and in all such cases
it shall be sufficient, in support of the
Indictment against such sheriff or other
officer. TO prove that such person so
charged or sentenced was committed to
his custody, and it shall lie upon the
defendant to show that such escpae was
not by mis- consent, or negligence, but
that he had used all legal means to pre-
vent the same, and acted with proper
care and diligence"
Ray is an officer of the lava iaiIer-
and the section quoted above applies to
him. He allowed Robertson to escape
and the penalty is removal from office
There is no discretion left the court ex-
cept in the matter of fine. The fact that
Robertson came back makes no differ
ence. That is to his credit and not to
Rays. He should be brought before a
justice of the peace. and if guilty Of the
charge made against him should be
bound over to court.
Under this very law a number of
sheriffs and jailers and superintendent
of warehouses in North Carolina have
been catshiered and removed from of
fee. The law has been tested time and
again by the Supreme court. and in every
case the decision of the lower court has
been affirmed.
Perhaps the most notable case in the
Supreme court reports is that Of State
VS.. Carroll, 81 n. G. $50. Garrel, like
Ray, was superintendent of the work
house of New Hanover county; he al
lowed one Andrew Hogan, convicted of
larceny and committed to his custody,
to escape. He was removed from office
by Judge Meares, and the Supreme
court sustained the decision.
Equally well-known is the case of
State VS.. johnson, "a n. c., 924. John
son was a guard at the penitentiary in
1886. He let Peter Birdsong, a colored
boy u years Of age and in feeble health,
sent up for larceny from Warren county,
enjoy the privileges of n ''trusty,'' as a
result of which he escaped. For this
Johnson was indicted and convicted in
Wake Superior court Judge Walter
Clark being on the bench.
Johnson appealed 70 the Supreme
court, which promptly affirmed the low
or court Chief Justice Smith wrote the
opinion, and it exactly covers Rays
case. He says:
Here the escape was caused by the
direct act Of the defendant, not only
indicating want of care, but in afford
ing the convict an opportunity to escape.
He was sent alone after bags for the
plfhSu tOltUll, " IL IDldce several nun
dred yards distant, and never returned.
1t was not alone a case of misplaced con-
fidence in 'trusty," but the eTrand en-
abled him to make his departure, and
finds no eXtenuation in the fact that
the bags were needed in prosecuting the
farm work. II such management of
cOnvicts employed in outdoor work were
tolerated in those who have them in
keeDin9 their imDriSonmpnt and nuniSb-
ment would be rendered very precarious.
and escapes frequent and unavoidable
They should at such times REMAIN IN
VIEW AND UNDER CONTROL OF
THE GUARD, so that any subordina-