The Birmingham age-herald., 1913-08-16


patrick, 1928, informed the legislature
that a penltentiary had been completed
and had been occupied for one year by
state conviets neal Wetumpka. There
were 10 acres of land attached. The
whole outlay was ssl.SSe.
Up to the time of opening the penten-
tiary, convicted felons were ng or
branded. The lesser crimes were pun
ished at the whipping post, the pillary or
by confinement in the county jails-very
desperate places.
William L. Yancey, member of the
lower house from Goosa county, as
county lines then stood, embracing We
tumpka, was perhaps the leader of the
movement to establish a penitentlary.
Yancey rose to the senate two years
later, and was chairman of the commit
tee on penitentiary He aided in pass
ing bill prohibiting the whipping Of
convicts under any circumstances Con-
finement on a bread and water diet was
allowable. If more severe punishment
seemed necessary, the warden, the inspec-
tor and the prison physician should COM
prise a board TO fix it. Negroes were
at that period disciplined on the planta-
tions, where they resided Nearly all
occupants of penitentiary cells were
W hite men. The first sentence to the
institution was passed by the convict
court of Mobile on white man, a har-
ness maker.
In his next biennial message 1S44-45.
Gcy ernor Fitzpatrick had little good to
report from the penitentiary. The first
warden, Hogan, got up a petition to
the Legislature, signed by the convicts
for his reappointment. The next war
den, Achilles Bradley, had drown heavily
OH the governors contingent fund TO
meet expenses. He had also disregarded
the law regulating punishment of the
convicts
Legislature appropriations for the first
two years had been $4,000 the year This
amount rose to $4,000 a year for the
'second two years. The governor recon-
mended the Legislature to pay the over
drafts of the institution to the amount
of $l1,5S6. However, a part of that debt
was incurred because of fire which
destroyed certain wooden buildings
within the walls.
The legislature was at a loss to de-
wise a method of operation which would
relieve the state treasury of the bur-
den of penitentiary support. Initial re-
course was then had to the lease plan
of employing the convicts. Governor F'itz-
patrick approved the bill.
The lease plan failed to return profits
to the state. Moore & Jordan were
lesees at $3.50 the year for a contract term
of six years. The state never collected
dollar OF the lease.
Referring to this fact in his biennial
message of 1855, Governor Winston an
nounced the penitentiary had been from
the first a disappointment
In his last message, 1857, this governor
formerly recommended the abolishnient
of the institution.
Governor A. b. Moore succeeded Wins
ton, but he made no official recommen-
dation for the government of the peni-
tentiary.
DR.. Burrows was lessee of the institu-
tion in Governor Shorters term 1S61-62.
He was murdered by a convict within
the walls. In the war time, the convicts
were confined to the walls, employed in
the manufacture of harness for the Con-
federate army Captain John M. Martin
of Tuscaloosa, was quartermaster in
charge. In this period, the institution
received % eonvicts from Mississippi for
safekeeping against the invading enemy.
Wilson's raiders, after the capture of
Selma and Montgomery opened the doors
of the penitentiary and released the in
mates. One convict refused his liberty
rema oined to protect the property.
Governor Patton In 1866 leased the in
stitution to Smith & Mcmillan of JEFF
ferson county. for six year for S. cash
in hand and loaned them on his own
responsibility, without law, $4,000 of
the states cash funds to enable them to
make the leases.
The legislature ratified Governor Pat
tors lease, but never collected the loan
he made, in whole or in part.
Smith & Mcmillan sub let the convicts
to Sam Tate, railroad contractor, to A. X.
Shepard, to James w. Sloss and other de-
velopers.
The lease of Smith & Mcmillan expired
in 1872, under Governor Lindsay, demo-
crat Lindsay appointed w. g. Moore.
who had been joint lessee in Winston's
time. warden The senate refused to
confirm.
Governor Lewis, scalawag, appointed
I.arkin G. Willis warden, but this ap-
pcntee died before completing his term.
The deputy warden in Governor Lewis
term, 1S72-74 was at the same time door
keeper of the senate, receiving salary
for both offices.
Governor Houston came into authority.
upon eXdHliiidliOi VI tiic boohS VI lAc
penitentiary it appeared that Lindsay's
warden. Moore, had drawn $1,000 in ex-
cess of the vouchers he could show while
Lewiss warden, Larkin, was unable to
account for $4,000.
Many thousands of dollars had flown
out of the state treasury in the entire
period of military government. 1S65-T4.
but no dollar had been paid in from the
institution.
Co,.o,ra, rIa,.to,, a,noi,+ad aoa ~,
senate confirmed John G. Bass warden.
This governor found on the statute book
awaiting him an act that purchased for
the penitentiary from Thomas Williams
1900 acres of land on the Tallapoosa river.
in Montgomery county, at s27 the acre.
Mules, in prodigal supply, were pur-
chased by the state for the farm, feed
and provisions stored the, latest improved
tools and implements placed on the land,
a warden was appointed and a full corps
of guards selected. The lease system
must now be no more. The state would
establish the most advanced penelogy.
The familiar freshet of the Tallapoosa
swept away the first crop. Malaria of the
most virulent type prostrated white
guards and black convict fled hands
alike.
BY act of the legislature the $4,000 of
state s per cent bonds upaid the vendor,
VILLA ms, were recalled and cancelled
new bargain was struck. Williams re-
simed possession for eight years and
through all those years, the state OBJ
oil 1f1tN1xr \, II