The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-23
THE GRAND JURY
BEGINS ITS WORK.
investigating the Escape of Topeka
Joe From Jail.
THE CHARGE OF JUDGE WITT.
He Directs That the Condition of the
Building Be Inquired Into-The
Prison Is Visited and Inspected.
Adjourned to Tuesday.

The grand jury Of the Hastings Court,
began AN investigation of Topeka Joe's''
escape from the city sail yesterday a
number of witnesses were examined, the
jail was visited and carefully inspected and
the jury adjourned until Tuesday morning.
They are Messrs. Junlus A. MOTIFS fore
mani, 6. Watt Taylor. John IL F,rish-
korn ]. B. Lambert, Charles Hagan. Geo
Schoen, w. T Hancock and ". G. Nil
Ter.
TIE following gentlemen were sworn as
witnesses: Messrs J. C. Smith, James L.
Taylor, L. NJ Noble. P. II. Boris. G NJ
.Ionrscn. W. G. Tate. Thomas j. smith,
Claude Hoy, Floyd Garrison, Mlchael d
Roach. Wm. Collins and Arthur Z. ,IUf'i.
Judge Witt delivered a very broad charge
10 the jury. lie directed that the ihFesu-
cation be not only directed 10 ascertain
whether or not officers had voluntarily or
through carelessness, permitted the prls-
oaer 20 escape, but that tie jury also ii-
quire into the matter of the safety OF
the Jail as d place for the confinement Oh
prisoners.
NEW BUILDING NEEDED
The witnesses were called into the grand
Jury room one at time Up TO 'A1,
writing there has been no evidence o.
voluntary aid 10 the prisoner in n1ahl!ls
i,is esrane The witnesses, il is understood.
almost without exception state that q
,lepg and a modern Jail is needed
Judge Wits charge to the jury was as
follows.
Your special duty to-day. gentlemen OF
the grand jury, IS 10 inYestlsa'ss 'ie esoaie
of Joseph Rapley, alas iopehd 19S.
About tn lst OF August the Hon. sidney
of
Iarres City. committed this prisoner 10
The iail of our city for safelieepng, and
on The night of September I'd he escapto
IT was well known that be was one OF the
most notorious and desperate characters
in the country. and for this Very reason
Ia shouid have. been carefully guarded,
ana every precaution taken for his safe
Incarceration
THE LAW IN THE CASE.
The law of this State by which you are
10 be guided in your investigation Is
embraced in two sections. passed by the
Legislature at its last session, ana IS as
follows:
IF any sheriff, jailer or other officer. or
any guard OF other person, summoned
or en1loyed !,y any such sheriff, jailer
or other officer, voluntarily suffer a prls-
oner convicted of or charged with a felony
10 escape from his custody he shall be
confined in the penitentary not less lhah
Two nor mora than ten, years
And If any sheriff, jailer or other OH
Ger. or any guard or other person sum
4noned OF employed by such sheriff, lalier
or other officer, nesliGently suffer a person
convicted of or charged with ieionH, OF
negligently or voluntarily suffer prisoner
convicted of or charged with an onence
nor a felony to escape from his custody.
or vIlfllly refuse to receive into his Gus
todv a person lawfully committed therte.
no shall be confined in Jail not exceeding
SIX months, or be fined not less than fifty,
nor more than five hundred, dollars.
DUTY OF THE JURY
you will observe from these two sections
that your duty will be TO inquire Wheihef
or not any person into whose custody or
keeping this man was committed, or whose
whose duty II was 10 look after MS safe
aJeening. has voluntarily permitted him TO
escape. and in considering this You are
~ investigate all the circumstances at
tending mis- liberation. You should look
carefully into the means OF escape; 1ind
out if possible how the implements USED
were obtained and by whom; II any as
sistance was rendered, either direcuN OF
indirectly Should You find that any per
SON In authority about the jail conIl:yed at
his escape or in any way voluntarily dld
any act by which the prisoner obtained MS
freedom YOU should fndict such party
for a felony-whoeyer he may be-
II YOU should find that the escape was
consurnrnated, not by any voluntary act Oh
the officers or guards, but by negligence
Won are then to inquire who those officers
are The officers are there to watch the
prisoners and see that they are kept Sc
curalv. and unless they discharge their
duty as prudent and cautious men, then
they are subject 20 Indictment under the
second section of the law, that is to say
for misdemeanor, and should De heio
accountable for such neglect
JAILs CONDITION
7, connection with this escape it is
nroper that your attention should De
called TO the condition of the city jail.
The law makes it the duty of the city TO
erect and keep IN repair secure build
snr where the prisoners are 10 be kept,
ana whilst it is your dirty 10 hold all the
officers strictly accountable for any negii-
ss4nca ID official duty, they are not TO De
T,,nished If the city has failed in its duty
Ia ,,roviae such a building ss 10 keep the
prisoners IN safety, and srust you VIII
carefully examine the blIldins, cells,
Rocks and doors 10 the jail, its general
.-,nditlon, and repoNA whether or not the
.scape was due to the condition of the jail,
and whether ii is d proper place SO far as
the security Of prisoners is concerned. If
II Is insecure and worthless Tor the
purposes It was built, 1t is high time thai
steps were taken TO provide suitable