The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-07-05

1. and was found in the snail boiler
room near the kitchen by Mr.. Sample
the assistant superintendent, and
when questioned as to his condition,
became very abusive and insulting,
whereupon Mr.. Sample ordered him in
to the dollhouse, and while taking him
and placing MIN in the dark cell, he
began to yell, and said he didn't care
for any S@Of a b. at the same time
he assumes a belligerent attitude to-
words Mr.. Sample, who struck him
with his open hand alongside the head
and Brown fell against a table, upset
ting a table and bench and falling to
the floor. Mr.. Sample grabbed him
by the shirt, picked MIN up aid run
him into the cell. These facts were
reported to me by Mr.. Sample, and
Mr.. Sample was perfectly justified in
handling the prisoner as mentioned
in view of the circumstances. And
desire to state in this connection that
under my nagemen none of the
officers or employees of the institution
have been permitted to carry guns,
policemen's clubs or ibillies or other
instruments during working hours or
the day tour If duty. except the wall
and gate guard, or guards in charge
of convicts outside the penitentiary.
and that if Mr.. Sample had a billy or
a club. judging from my knowledge OF
other institutions and the practice in
other institutions, he would ave been
Justifiable in using the same upon this
convict, but we have at all times en-
deavOred to handle the convicts in the
New Mexico penitentiary with the
least amount of force possible under
the circumstances.
That with regard to the next charge
of cruelty dealt with in the evidence
Of DIR David Knann tO-uif. Tho al
legged Handwriting and tying up of
Bailey Brown after ne had been order
ed down by the doctor, | have to say
that DR.. Knapp never at any time 40
titled me orally OF in writing about
Browns condition, nor did he at any
time leave IN order in my office to
my knowledge, ordering the convict
taken down. but would state upon
information and belief that the con
vict was taken down on the second
day after he was placed in punish
ment by Assistant Dollhouse Keeper
Breen, who received the order from
DIR. Knapp, and this was done imme-
diately after DR.. Knapp's first visit
to this convict.
With regard to the next charge of
cruelty, that alleged towards Clarence
Hamilton by the witness, Jap Clark.
| have only to say tina the affidavit
of Hamilton is a full and complete an
swer to the charge.
With regard to the next charge OF
cruelty, toward Convict Claude Doane
as alleged by Jap Clark. | have to say
that Convict Doane is serving his
third or fourth term in the penitelti-
airy, and is one of the worst convicts
now confined in the Denitentiary; he
has frequently made it necessary to
punish him, and owing to his continu-
0,1S hoI conduct - I4ao-oN
to severely punish him, and that his
back was not almost roken at any
time and would be found to be, if ex-
amined, in as good condition as that
of any other prisoner, and IN this con-
nection l desire to state that Jap
Clark did have, while confined in the
penitentiary during my term of office
a rowing commission, UGH as would
have beer necessary to have enabled
him to have trutnfully testified to all
the matters of hearsay testified to by
him in his evidence. As to the ques-
ton of feeding the prisoners. | am
perfectly willing 70 rely upon the ad-
mission of Jap Clark il that respect
as made under cross-examination.
Further that to snow the false testi-
mOny of Jap Clark, | desire to say
that Jap Clark served a term of one
year in the penitentiary for larceny
from February, 1905, to January. 1906.
upon his commitment to the pen
itentiary in 1905, the records show
that ne weighed III pounds. Febru-
airy, 1906, Clark was committed to the
~penitentiary for ~safe-keeping by or
of Judge Mann, al which time
the witness states ne weighed 1877 NJ.
further stating that he only weighed
1917 pounds when released from the
pe~1itentiary the second time in Feb
ruary, 1907. If his statement is true
true ne gained twenty pounds during
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