The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-11
Found with His Father at the Michi-
gan City Railway station and
Taken to the Prison.
NO SENSATIONAL TESTIMONY
SOME CHARGES OF CRUELTY BASED
ON TALK OF PRISONERS.
Deputy Barnard Positive No Brutality
Was Practiced-Horne's Letter
TO the Governor.

Special to the indianapolis Journal.
MICHIGAN CITY, Ind, April 1o.-The
prison investigation set down for to-day
took a rather unlocked for turn. DIR. Brose
S. Horne, former prison physician. could
not agree with the Board of State Charities
as 10 the manner I'm which the investigation
was to be conducted, and declined to take
part I'm 1T. AS DIR. Horne was the man who
preferred the charges of cruelty TO prison
ers against Deputy Warden Barnard and
other prison officials the board compelled
him TO attend the session and testify. The
investigation was TO have been commenced
at o'clock this morning, but the entire
morning was consumed i'm conferences over
how the work should proceed. The chief
trouble seemed TO be that DIR. Horne de-.
sired to have an attorney present, and also
wanted the privilege of asking witnesses
such questions as he desired. The board
held that ii would be contrary TO the usual
custom if it permitted the doctor TO have
an attorney there. 1t was explained to the
doctor that the case was not against him.
but that he was simply witness. The
board further said that the doctor, II he de-
sired to cross-examine the witnesses, must
first present his questions TO the presiding
officers and must confine his auctions TO the
specific charge he had filed. When Deputy
Barnard found that DR.. Horne was de-
manding that his attorney be present the
--feDut-- nrd1e the s-T---71-s
to have an Indianapolis lawyer. but said IL
would take him a few days TO get his case
in shape A member of the board said
later that Mr. Barnard had waived his right
to a lawyer.
At noon no definite decision had been
reached and at that hour il was announced
the matter would be finally determined at
O'Clock p m. Dr. Horne left the prison and
went to the city with his father. AT O'Clock
neither had returned to the prison. At 1:50
nothing had been heard from them and
Governor Durbin got into communication
with Horne over the telephone. The Gov
ernor said later that Horne promised to
come or send someone. There was another
wait and then Deputy Sheriff Schultz was
sent to the city to serve a subpoena on the
physician. While the deputy was absent the
newspaper men were called in by the board
and Judge Davis. of the members. ex-
planned that the board had given the doc
tor every opportunity TO present. his case.
but as he had failed to come the investiga-
ton would proceed anyway. II was ex-
planned that DIR. Horne was no longer
party TO the case, but would simply be
treated as a witness.
HORNE CAPTURED.
In the meantime Deputy Sheriff Schultz
and Secretary Butler, of the Board OF
Charities were returning to the prison
with Dr. Horne whom they had found
on his way to the railroad station with his
father. The doctor, when informed by the
70
fuse" but was told he would be compelled
to come The deputy stepped from the
hicle and taking the doctor by the arm as
sisted him to a seat. When they reached
the prison the doctor remarked to a news
paper correspondent: THE first thing I
want to ask the Governor is whether ne
got the message sent him at l o'clock or
not"
DR. Horne being sworn. the investigation
then began. Governor Durbin presided and
Judge Davis conducted the examination.
OF the board members present besides
Judge Davis there were Demarchus c.
Brown. Amos w. Butler and w. p. Cooper.
Miss Laura Creelay. chief clerk I'm the Of
fee of the Board Of Charities, was present
TO take the evidence. Governor Durbin
read the charges that had been filed by Dr.
Horne, there being about twenty specific
instances. The Governor also made public
the correspondence that had passed be-
tween him and DR.. Horne. The first inti-
nation that the Governor had that the
prison physician had charges TO make came
through letter written him by Or. Horne
IN March II. In this letter the doctor said
he regretted that he was compelled to write
as he did In the letter he referred TO
Deputy Warden Barnard as the personifi-
cation Of brutality and charged that he was
united for the peculiar place he was fIl-
ing.
"I opposed this system OF punishment"
the doctor wrote, "and he sought 10 preju-
dice the new warden against me" The let
ter Of the governor to the Board OF Control
calling the boards attention TO the charges
afterwards fled by DR.; Horne was also
the board 10 give the matter its fullest at
tention.
When Governor Durbin had read the
charges Deputy Warden Barnard an
nounced that he would plead Not guilty"
The accused officers were sent for. They
are j. Neville. c. r. Webster. c. Bowlin
and Charles Burton. All pleaded not guilty
TO the specific charges against them, ex-
cept Burton This offfcial created a mild
sensation by replying. In low voice. when
the charge OF abusing a prisoner was read
10 him, Il plead guilty TO striking the
man..
DR. Horne testified that he bore the cepu-
~ warden no malice and had no grudge
against him. Judge Davis. the inQuisi-
tor. took up the charges one az a time and
asked the doctor about them The physi-
clan made a rather good impression as a
witness. His manner quiet and dienf-
fed and his replies straightforward and
manly. One Of the specific cases he told
about that OF a prisoner named Pat
terson. who one day pretended he could not
omen his eyes. The doctor took him 10 ths
deputy warden. and, according 70 the testi,