The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-09
ENDS ITS WORK.
RefOrmat0ry Board Completes
Investigation of Institution.
DIR. FOltZ, the Physician, Not
Called by Defense.
DECISION OCTOBER 4.
Governor HOch Attends All
the Sessions.
Believed There Will Be a
General Shakeup.
DECISION OCTOBER 1.

Hutchinson, Kan, Sept. 9.-The in
vestigation into state reformatory Off
GERS and methods closed at midnight
Saturday. after about a week of day
and night sessions. The close of the
hearing consisted of the speeches OF
the opposing attorneys, Carr w. Taylor
and Mr.. Baton for the prosecution, ana
Judge Frank L. Martin for the de-
Tense.
Governor Hoch was present through
out the hearing, and it is announced
that the reformatory board and the
governor will not be ready to announce
a decision in the case until about Octo-
Der 1. 1t seems to be the general i'm
preston that there will be general
overturning at the Reformatory, ana
that Superintendent Marshall and 9TH
ers are likely to lose their positions.
The most interesting development
which occurred Saturday was the fall
ure of the defense to put Dr. F'oltz, the
prison physician on the witness stand.
Foltz was the man who was involved IN
serious charges by Dolman, the re-
formatory inmate, who charged that at
Foltz's instruction he had changed the
records of the hospital in regard to the
death of Ward, the colored boy, who 1t
is claimed, was starved to death by
Marshall's orders. 1t is said that F'oltz
and Marshall have had serious ran
l..
ened to involve Foltz in some sort OF
legal proceedings. Marshall declares
that the hospital records were changeo
entirely without his authority, and that
Foltz is to blame for any irregularities
Foltz was one of the witnesses summon
ed, but he failed to show up, and no
effort was made to compel him to at
tend.
the slperintendency he made a trip 10
New York and visited the Elmira re
formatory, and had altogether visited IA
reform schools ard penitentiarles, seek
ing information to use for the peter
ment of the Hutchinson institution. AS
a result of his Investigations he hao
recommended some improvements IN
the buildings and regulations TO the les-
islature One thing recommended was
the admitting of more light to the IN
stitution, SO the boys SURROUNDINGS
would be more cheerful The legisla-
ture did not make any approprlatlon
covering this. &C.,
Mr. Marshall confirmed the Ellis ALL
davit in it's details
He testified in regard to Ward the
negro who died in the hospital IN May
last; that he had visited Wara lnree
times and had told him he could nave
anything he wanted to eat He sald ne
saw Ward the night before ne dled.
Marshall said he had nothing to say
about the records of the Ward case as
made by DI. Foltz, and about the re-
ported SUBSTITUTION Oh ASCO1NSs eA7
was a matter for DR.. Foltz to explain
and not him, as it did not concern him.
The following communication from
A. G. Gates the ex-chaplafn, concerning
the hearing, has been received ny Inc
State Journal:
THE governor acted with free ana
open heart, giving time. strength ana
care to get at the truth Everybody
believed him to be earnest, honest ana
fol of
and free latitude for all testimony that
they felt could have any bearing even
though such testimony tended to refect
upon themselves, or upon anyone OF
their number. They were true to their
promise and pledge. The saturday
night session was entirely given over TO
reviewing the testimony, and the pleas |
of the attorneys Carr w. Taylor, at |
torney for the complaining witness
made an appeal for humane and TWEEN |
tieth century civilization methods i'll |
the treatment of reformatory inmates, |
in contrast with the shocking crueltles
revealed by recent investigations, which |
ought not and will not soon be forgot |
ten by those who listened. He called !
attention to the great crimes against |
criminals found in the earlier pen1ten- |
tiaries, and contrasted them with the |
treatment which the state now demands
for first Offenders. Then he PROCEEDED
to darken almost every penitentiary |
record known by adding the story OF |
the black boys punishment by death |
and starvation, which occurred at the |
Institution last May
Judge B. L. Martin defended Mr.. |
in a two hours address showing |
the need, as he declared, of severe |
measures in restraining and correcting |
the hardened criminals. He repeated |
again and again the weakness and folly |
of sentiment and tender methods as APP |
piled to such creatures He pleaded |
earnestly for his client, and fixed clear
ly in the minds of his hearers some |
good points in his favor. In consider
ing the harsher forms of discipline ne |
was unable to tear entirely away from
the fact that he was standing in the
building of the instltu-
ton for first offenders against the law
and that hardened criminals do not be-
long and should not be kept in such an
institution and that in no event should
the discipline be of such a character as
to impair the health or destroy the life
MIR. Baton, who assisted MI Taylor !
in the prosecution, closed for the prose-
cution by reviewing some of the import
ant testimony and drawing some con-
clusions therefron. He urged better
mel hodss for the institution