The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-16
Refused tn Give Names of Guards Tn
til Assured OF Protection by Gov.
Durbin and Warden.
HORNE PUNISHED ENOUGH
DIRECTOR NEBEKER THINKS HE
HAS LEARNED A LESSON.
Inquiry Practically Closed with the
Testimony of Warden Reid and
Members of Board OF Control.
Special to The indianapolis Journal.

Special to the indianapolis Journal
MICHIGAN CITY. Ind. April ia SEN
sation was created this afternoon in the
probing of DR. Horne's charges against
the management Of the State Prison by
the statements OF Convict Charles Devine,
who asserted that he had been approached
at different times by two guards whom he
charged with being in conspiracy to secure
the dismissal of Deputy Warden Barnard.
+. ]. Harter and c. e Rice are the guards
under accusation and. according to De-
vines statements. they were spurred to
activity by former prison physician, DIR.
y. L. Spinning.
The sensation came out after Judge Davis
had told the prisoner he could leave the
stand. Devine had said he was punished
once. but that he thought it was only what
he deserved. After having been granted
permission to talk further. Devine said:
1.-TWO officers have been bothering me from
time TO time to testify against the deputy
uty struck and abused me and they would
help me gain parole. and they wanted me
10 get other prisoners to say the same
thing, so the deputy would be discharged.
They said he showed favoritism. 1 told
them I would not do what they wanted of
me, but they kept up with their bounding.
They also wanted me TO write TO my sister,
asking her to come here so 1 could tell her
q story of cruelty on the part OF the deputy
warden and have her see that IL was pub
lshed in the papers"
PROMISED PROTECTION.
Devine would not give the names of the
guards until given full assurance by Gov
ernor Durbin. Warden Reid and the MEM
bers of the Board of State Charities that
ne would be fully protected. and then the
names were obtained only after Judge Davis
had fred a volley of questions into the
witness. Devlne charged DR.. Spinning with
being the instigator Of the effort to get
him TO work against Deputy Warden Barn
ard. alleging that the doctor came to the
cell where he was confined while being
punished Aug. 10. 1901. and told the con-
Wet that he was being unjustly punished
and made the proposition that if he would
complain against the deputy warden and
get other prisoners 10 do so he (the doctor)
would see that he was paroled After DR.
Spinning left the institution. Devine said,
Guard Rice began to importune him to
make trouble for the deputy warden, and
about two months ago Guard Harter
preached the subject, saying that Rice had
q grievance and that, as he was a good
fellow. Devine should help him.
about the matter was yesterday morning.
Devine's story about this occurrence was: II
went to the hospital. having been excused
from the sick lire to so to the closet Guard
Harter came in and asked me IL / was go
ing before the board TO testify l replied
that was not He advised me to so and
do as they wanted me. L told him 1 did
not want 10 be a witness, and then he as
sured me that If l would testify as they
told me they would do everything they
could 10 help me. Another guard came to
me several times during the last few
months and said insinuatingly: They
treated you pretty badly last summer didn't
they?' De1ne absolutely refused TO name
this officer for he had not asked him to
give any particular evidence
CAUSED A FLURRY.
a
great furry at the prison. and an effort
VIII be made 10 get testimony to sub
stantiate or disprove the prisoners state
ments- Prison Director Kimbrough re-
marked: That's a bombsheII. Isn't it,
Director Nebeker said: ''I don't put much
faith in the evidence OF convicts and did
not approve Of hearing them in reference
20 any OF these charges in the first place
Charles Burton. mail clerk and guard of
the prison, said he struck Convict Swain
with his fist because the prisoner had called
him liar and was in the act OF hitting
him over the head with a chair.
Assistant Deputy Warden SewelI sub
stantiated the testimony OF Deputy Warden
Barnard in every particular
A NJ. CoOney. a trained nurse formerly
employed in the hospital. said the quality
OF food served in the hospital was good
and the quantity was large enough. but
that there was a shortage IN milk and sick
patients did not always receive as much
as they wanted.
other evidence for the defense was given
BY Guards Louis Mayer. r NJ. Harter. Ed
gar Spinning and W o. Peterson.
II Is now pretty certain that the charges
preferred against Dr. Horne will not be
taken uD by the Board Of Charities VIII
liam y. Cooper. OF Fort Wayne. said he
did not favor calling the doctor to account
FOR his alleged misdealings. and although
the Board OF State Charities has power to
do go he did not think il should bring this
evidence IN. II being more the duty Of the
board OF control 20 take up the matter
Director Nebeker said he thought IL need
5ess TO prosecute DIR. Horne. for he had