The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-24
In CHARLES TERRY'SCASE
RELEASE FROM REFORMATORY
SOUGHT BY HABEAs CORPUS.
Charge Made that the Prisoner Has
Law Invalidated by Authorities.

The attorneys for Charles Terry. who is
seeking release from the Indiana Reforma-
tory through habeas corpus proceedings,
have fled a reply brief in the Supreme
Court. Terry is represented by II. r. Rob-
bins and w. c. Pentecost, of Knox. Ind.
Regarding punishment administered to
Terry for certain alleged crime, the brief
says:
They refused appellant a trial, gave
him no chance to disprove his guilt; but
falsely accused him, and, shaving his head,
placed him in torture seven days in sue
cession by placing him in the pillory pro-
vided for the Reformatory; caused appel
liant to stand his bare feet on an iron
floor. with his hands thrust through two
holes In the door, and manacied. and in this
condition Ga torture kept eighteen
hours out of twenty-four for seven consecu-
tive days and given but one pound of corn
bread and one pint of water in each twen-
ty-four hours for his sustenance. And in
addition to this torture appellant was de-
graded, and by reason of being so degraded
his term of Imprisonment was prolonged
one year.
Under the provisions of Section 1929 for
good time forfeited il is expressly provided
that, should the offense be of serious
character, the warden at his discretion may
deprive him of more than the time speci-
lied, but not 10 exceed more than eight
days for each offense. No authority given
for torture or shaving of head, admins
tering the pillory, no matter how unkindly
the board may have felt toward the ward
intrusted to them. The whole intent of the
statute is TO ameliorate their condition and
win them to the folds of manhood by HUI
name and Christ-like treatment. There is
not one proposition in the entire law that
authorizes the prison board to extend the
duration of severity of the punishment.
That is for the judiciary TO determine un-
der the law as given. For prison board
and ignore the statutes is most deplorable
in its effect.
ADMINISTERING THE LAW.
"Of thelaw properly administered we do
not complain, but the issue in this case is
that since appellant has fulfilled the law
and served his time he is entitled to his dis
charge. The object of our laws is two-foId:
To protect society and build up manhood
In the respondent Punishment should never
be retalatory. The inmates should be
treated With tenderness and compassion,
appealing at all times and under all cir
cumstances to their higher nature. thus by
example convincing them that their mis-
fortunes are shared by the officers Rejoice
with them IN their JOYS and let the tear OF
der such state of discipline before a high
plane OF Christian manhood will have been
attained, with each and all of the inmates,
and upon their respective paroles the re-
spondents restored to their loved ones. at
home. better men, and prepared to take
responsible positions in society Then is
pIlSOn IelOttU a success. AppeleeS In their
brief, on Page s, say that the prison board
having in its care and management nearly
thousand persons of more or less criminal
tendencies, must be governed by rules and
regulations which, in some respects. might
appear 10 be harsh and unreasonable. We
submit that this is poor apology for APP
pellants torture, and that unlawful pun
ishment is never justifable by reason of
serving as a warning to others. The bien-
NAL report of 1902 of the Reformatory shows
that about 1866 inmates are annually received
from courts at a term from one to fourteen
years on an average. Now if the Reforma
tory is a success, there would he but 3o6
prisoners in the institution, for when the
minimum is reached, their liberty is earned
and the prisoners should be discharged.
But something is wrong there, and the
prison board GOES not propose to have the
wrong made public by habeas corpus pro-
ceeding. Let us consider the question as
though these poor unfortunate boys at JEFF
fersonvile prison were our boys, then re-
member that though not our boys. they
may be boys of some one else having
hearts wrung with grief over the torture of
loved ones, and they powerless to obtain
consolation in the highest courts of the
realm. Truly said by appellees, a thousand
are wronged, appellant is wronged, and his
grievance should be listened to. in hrs
petition for a writ of habeas corpus. We
submit the case should in all things be
reversed"