The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-30
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f., los IN the u,anufacture OF. the arsiciss
which he ussd 10 get out OF JAN. ne ss'.Ns
he, s,,pposssI it took q week TO MAKE .i.o'1
imn,ernesftss but added that ne fiis1s .
thorough search OF Joes eel on 9he y -
ces,iay before Joe,s escape. Niltsss 49,,
firrniy OF the opinion that io'sh.. ~
ha, some confederates among the prisoners
in jail.
Dan,,tv Sergeant C. NJ Johnston was tie
next witness.
..Do YOU remember Topeka Joe" Mr.
Richardson asked the witness.
..I certainly do. SIR was MIR. JohnStons s
reply.
can you tell US wnere he Is, iattri.e d
Justice John. causing sofne iaushtsr.
s'No sir. 1 only wish / could, was tne
reply.
Mr. Johnston then repeated to TIE court
his instructions to the various officers OF
the jail ito the effect that Topeka Joe
was q dangerous criminal and must be
cloesly watched.
after the escape" Mr.. Johnston con-
tfnued 'Roach told ME that he was at
the entrance leading to the woinaa-; e.
partIneut of the Jail and that Mr. Col
lins was inside the Office ct the time the
escape was supposed to have been nlilae.
L was hot night ard the men aad
gone no on the bridge to get q. little fresh
air after they had made their rounds about
. O'Clock.
The Commonwealth rested its case here
and Me,srs f. VI Smith, Jr.. and Louis
wendenburg. counsel for the defense. called
William Collins, one OF the acsusaI guards.
10 the stand
GUARDS ON THE STAND
Mr.. Collins said that ne had discovered
that Topeka joe had gotten out of jail
about 2:to o'clocIs il the morning.
.'Sir Roach and 1 made the rounds OF
the cells about O'Clock, finishing twenty
minutes later 1t is our custom to go
about the place from time to time to sse
that everything is all rfgf-. One of US
frequently stand tor a while at one gate
and then at the other. was in the office
at the supposed time of the escape, anu
MI Roach WIS on the bridge over by the
Woman's department. We had been up
there about ten or fifteen minutes. WHEN
Mr.. Roach went back to the yard and
found out that Topeka Joe's' cell vas
unlocked and thef door ajar. We hurriedly
called Deputy-Ssergeant Taylor and made
2 search of the premises, but could not
find RapIey l did not think ne had tinrs to
get out of the jail yard. and 1t Is neces-
sztry for the guards 20 be about in dtffer-
ant places In order to properly protect the
institution. .
The witness added that he did so to
West Point the day before Joe escaped,
but had r1!anagssf to sleep five or six hours
and was not especially fatigued that night.
LII response to a question asked by Mr..
Smith. Mr. Collins said that the round on
the co!ored side was made first on the
night OF tho escape. The general impress
sion heretofore has been that the guards
went through the white side and then the
colorld side on the night of the escape
Mr.. Roach corrohorated the testimony
Of his colleague
The case was argued at some length by
Iessrs. Richardson, Wedr-uburg and
Smith. and Justice Crutchfeid decided that
the Commonwealth. had not proved that
the escape of Topeka Joe was due to neg
lfgence on the part of these officers. Sew
eral times during ths proceedings the de-
plorable condition of the Jail was com
mented upon. and the great need for q
now prison was brought out