The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-26
JURY IYDICTS
THE TWO GUARDS
Negligence Charged as to
Topeka Joe's Escape.
TART REPORT MADE.
Says Discipline at the Jail Has Been
Lax in Some Cases.
AN INSPECTION OF THE PRISON.
1t Is Found to BE Not Only Unsafe
bat Absolutely Uurcliab,c-Rap-
lcy's miraculous Exit is Re
ilearscd = Mr.. Smith
Speaks oc Those
Lost Keys.
TART REPORT MADE.
AN INSPECTION OF THE PRISON.

The grand jury of the Hastings Court
concluded its labors in the matter involv-
ing the escape of Topeka joe at
O'Clock yesterday afternoon and presented
its report. with two accompanying indlct-
ments, TO Judge Wit The indictments
are against Michael j. Roach and William
Collins, the guards on duty at the jail on
the night the noted bank-robber departed.
These men are charged with misdemeanorE
ii allowing Topeka Joe" to escape
through their own negligence. The report
| did not mention any of the jail officials,
but it criticised severely the general con-
duct of the affairs of the institution. Be
low the report is given in full:
Richmond, Va, Sept. 25, 1900.
| Hon S. B. Witt, Judge Hastings Court,
Richmond. Va:
The members OF the grand jury beg to
report to the Court that. in accordance
with the special charge delivered to them
| by the Court, they have pursued with
zeal and industry the inquiries embraced
| in the charge referred TO, and, under the
Instructions of the Court, this investiga-
! ton has been rigid and thorough, without
| fear or favor TO any.
| An investigation of the city jail, where
| Joseph RapIey alias Topeka joe" was
incarCerated on or about August /. 1900,
| and from which he-is alleged to have
| escaped on the night of September I'd. in
| stant reveals a condition of affairs,
which, in the opinion Of the grand jury,
| strongly reflects upon the city of Rich
mond. The jail is an old-fashioned struc-
| ture, not properly protected. Without en-
| tering into minute details, the CONVICTION
| Of the grand jury is that it would not be
! 2 very difficult matter for any sharp or
| smart prisoner to escape theretronl, nn-
less, indeed, he was ygilantly watched or
| guarded all the time, and the cell in which
ne was confined examined closely and
critically at very short stated Intervals
| The testimony before the grand jury
was elected exclusively from persons at
| tached to the jail, or from those in or who
! had been in the service of the City Ser
| geant.
The general impression derived by the
| grand jury from the testimony IS that
| The discipline at the jail was not as Vlsl-
liant it should have been, but, on the
! contrary in some cases was quite lax.
| The grand jury is not prepared to say how
| far, if to any extent, this contributed to
| the escape of the prisoner Notwithstand-
| ing the condition Of the city jail, the grand
| Jury is of the decided conviction that 1t
| rould have been a physical impossibility
| for the prisoner to have escaped if any
| thing like ordinary care and vigilance had
! beeGn exercised.
| 1t has been testified to before the grand
| Jury that this prisoner was carefully
| watched, and that his cell was properly
| examined. and yet, Notwithstanding TINS,
| The implements with which he is alleged
| TO have escaped were not discovered until
| after he had absconded. The instruments
| referred to. if manufactured by the pris
| oner, in the opinion of the grand jury,
| would have required days to constuct, and
| in the opinion of the grand jury it is alto
| gether inconsistent with any reasonable or
| rational hypothesis to reconcile that this
| prisoner could have been cared for with
| anything like ordinary watchfulness, and
| yet, the guards, as has been testified TO
| (Which it is proper to say they deny). were
| impressed with the necessity of using not
| ordinary vigilance, but extra care and
| extra watchfulness and vigilance as far
| as this particular prisoner was concerned.
| The members of the grand jury beg fur
| rher to say that they will further report
| 70 the court through the Commemorative
| attorney.
| JUNIUs A. MORRIS, Foreman.
| INSPECTED THE JAIL
| The body met at the jail at 1890 o'clock
! yesterday mornisg 10 resume its
| II
| IN inspection of the jail, but
| 10 have explained the exact man
| rler in which Rapley, the famous criminal.
| s alleged TO have made his escape. Mr..
| Jrnius a. Morris. the foreman, called the
| body to order in the Office of the jail and
! several witnesses were called before it.
| Among these were Messrs. Taylor, Roach
| and Collins, each of whom explained where
| he was and what he was doing during the
| 81 +ba nf
we're closely interrogated as to hoy they
! irst became aware that Joe was no longer
q. tn them but no new facts were brought
gl.t in this respect, so far as could be
! earned outside the grand-jury room.
ESCAPE DESCRIBED.
When the examination of witnesses
had concluded the jurors, accompanied
| by City Sergeant Smith and several OF
| his assistants. made a tour OF the jail.
They first visited what is known as the
| colored side, and inspected each cell
separately. They found that the cells
we're in miserable condition and unfit
Tor the habitation of human beings.
Many Of the. hinges of the cell doors
/ had worn out. and some of the iron sec
tons of the doors had become loose, and
could have been torn away by G strong
mar. Other cells We're in such 4 state
that a prisoner with a pocket-kIJfe could
i have cut the mortar from around the
bricks and have easily gotten out OF
the cells. Practically this same condi-
lion of affairs was found on the white
side of the prison. where it was learned
that four cells on the east side OF the
prison were entirely valueIess, and had
been closed SO long that only the appl-
ga ton of dynamite could open them
Some of these cells were filed with old
furniture. bicycle wheels and other ma
terial which. If fished through the graf
Ings of the doors, might be utilized by
Il prisoner in making his escape.
IN HCRRIBLE CONDITION.
The Jurors were completely amazed at
the horrible condition of the jail, and were
Unanimous in the opinion that new pris
m should be erscted at once They COM