The Birmingham age-herald., 1905-12-04
FINDS CONNECTS BRUTALLY TREATED But Convict Cannot be Convict
 ed in Rankin County WHITE MAN UNDER LASH w. Calvin Wells, Jr., at the Request of Governor vardaman, Investigates
 and Makes Report on the
 Mississippi Case.

Jackson, Miss, December 3.-(Speeial.).- W. Calvin Wells, Jr., of this city, who was employed bM the state to prosecute Dave Puckett, ex-sergeant of the Rankin county convict farm, who was charged with inhuman treatment of convict named Howell, a white man. has returned from Rankin county court at Brandon and makes the following report:
 "To the Honorable Board of Control of
 the State of Mississippi:
 "Gentlemen:-By direction of his excel lency, Gov. James K. Varda --an, in Jan uary 1905, l went to the Rankin county state farm and investigated personally the whipping of convict thereon, named T. J. Howell, at the hands of Sergeant Dave Puckett and Assistant Sergeant Joe Strong. which whipping occurred on December 3O 1904. By a personal examina- ton of the physical condition of said T. J. Howell and by taking down written statements of all the eye-witnesses to the whipping, and of all others who were in hearing distance of said whipping, 1 in vestigated the matter very fully. On com pleting said investigation I reported verb
 
 that in my opinion, the whipping was causeless, unnecessary and fearfully brut- al. On making said report to him 1 was further employed and directed by Cover nor Vardaman to see that the said wit nesses with references to the affair were subpoenaed before the grand jury of Ran kin county for an official investigation, which l did. And as a result the grand jury of that county promptly indicted Dave Puckett for assault and battery. That was at the May term, 1905, of the Rankin county circuit court.
 q was then directed by his excelleney, the governor, to go before the said court, and in conjunction with the district at torney of said district, to-wit: Hon. Syl- vester McLaurin, to prosecute said Puck cit so indicted. l at once proceeded to Rankin county and insisted on trial at that term of the court, which l could not secure, and the case was taken up for trial at this. the November term, 1905, of said circuit court The testimony for the state developed a state of facts which I had reported to the governor, to-wit: that the whipping was causeless and brut- al in the extreme. At the trial of the said case, one member of the honorable board to-wit, Hon. William Williams, attorney general, appeared as witness Tor the defendant and testified on his behalf-that il. his opinion by personal examination of said Howell, the whipping was not a severe one. l beg to differ with this gentleman.
 "The case was presented for the state by me, with all the energy of which was capable, but the result was a hung jury, the vote standing when the jury first retired ten for conviction and two for acquittal but finally when the jury l reported that it was unable to agree and
 was discharged, tfley stodd sen for con viction and five for acquittal. It is need-
 less, perhaps. to state to this honorable
 board, that l will continue to prosecute | this case at the next term of this court, and if possible secure a righteous con yiction at the hands of the jury.
 q would respectfully call the attention or the board to the fact that no rules and regulations for the government Of the penitentiary, prescribing the conduct of convicts at work, at roll call, at | meals and in their cells, have been posted on the Rankin county farm in conform itv with section 3173 of the code of 1892 md the sergeant of said farm who retired
 January l. 1905, to-wit, Dave Puckett' stated that no rules and regulations pre- scribing the discipline of convicts and the mode and circumstances under whleh | corporal punishment may be inflicted,
 were ever placed in his hands in conform fly with section 3174 of the code Of i9o2 and that he punished convicts by whipping l them at his pleasure, by no rule or reg \ ulation save his own discretion. ma | that the convicts during his term were | generally most brutally treated; that they
 were cursed continually, and that the | appellation 'd--s-of a--- seemed to
 be a by-word as d cognomen for convicts
 when addressed by Sergeant Puckett, and | Assistant Sergeant Strong.
 "I take great pleasure in stating thal under the administration on said Rankin | county farm for the year 1905, under Captain Raney, and Assistant Sergeant Lynch. a totally different state of affairs exists. Respectfully submitted,
 s.W. CALVIN WELLS. JR.