The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-30
Rogers Submits Report
Made on Lucille Mine
Charges as Proof
CLAIMS EVIDENCE IN
CASE GIVEN IN FULL
Statement Is Issued in Answer to AL.
legations of Solicitor Fritz Thomp-
san in Open Letter Made
Public Recently


Pointing to the convict boards report
to the governor and appended testi-
| mony, P. j. Rogers, president of the
state convict board, today said that
was the best answer to the open let
ter recently made public by Fritz
| Thompson, solicitor of the Fourth cir
cult, charging the board with white
washing the case of ]. d. Evans, war
den of Lucille mine, who was accused
| by the Bibb county grand jury with
cruelty to convicts and with receiv-
| ing money from them to help in Sc
curing paroles. Mr.. Rogers denied that
the board in any manner, shape or
| form attempted to suppress a scintilla
of evidence. declaring that the boards
| report to the governor speaks for it,
self
The report is supported by the tes-
timony which is on file here at the
capitol, all of which should be seen
by the public before taking snap
judgment" said Mr.. Rogers
TEXT OF REPORT
The full text of the convict boards
| report to the governor follows;
Montgomery, October II, 1916.
Hon. Charles Henderson. Governor of
Alabama, Montgomery, Ala.
Dear Sir-Referring to your letters
| of September l and 6, respectively, re-
questing an investigation by the board
of convict inspectors of the charges
| made against ]. D. Evans. warden at
Lucille mines, for receiving money
from convicts for the purpose of OBJ
tanning paroles or pardons, more es-
pecially the cases of Ike Powell, Ben
Smith and Anderson Conner, as well
as cruelty to the convicts at Lucille
mines as reported by the grand jury
of Bibb county, we beg to submit the
following report as results of our in
yestigation:
| We find from the file in your office
! that Ike Powell was paroled on March
80, 1916. In this file we find several
letters and recommendations asking
! for his release. We note a letter ad-
dressed to Governor O'Neal on Janu-
airy IL, 1915. asking for a six months
| parole, signed by ]. F. Thompson, So
| licitor for the Fourth judicial circuit.
and ]. t. Fuller, assistant solicitor in
prosecuting the case, concurred in by
| b. M. Miller, judge. and judge of the
| Fourth judicial circuit. On October 8,
1915, we find a letter from ]. D. Ev-
| ans, warden, in his behalf; also on Oc-
tober g. 1915, a letter addressed to the
! honorable board of pardons, signed by
| Solicitor J. #. Thompson, joined in by
B. NJ Miller, presiding Judge; also a
| letter on the same date addressed to
| your excellency, signed by Jerome T.
Fuller in Ike Powell's behalf, as we'll
| as several other letters in his behalf,
| as per copies hereto attached
BOARD VISITS CAMP
The board made trip to Centreville
| q nd nj nd in cd wit
nesses furnished you by Solicitor
| Thompson, as follows: r. L. Avery, C.
l.. Oakley, l.. Melton and r. r. Nc
| Culley and we are attaching hereto
verbatum statements by the several
witnesses covering this case.
In reading the evidence of r. L. Av-
cry. as well as that of L. Melton, C. L.
Oakley and r. r. McCulley, you will
note that there is no doubt but that
| Ike Powell negotiated a loan amount
! ing to $50 through the Peoples bank
| of Centreville in February of this year
| Mr.. Avery stated that Ike Powell told
| him that he was procuring this money
| to be paid to Warden Evans, and ac-
cording to his best recollection it was
| for expense money. to be used toward
procuring pardon or parole for Ike
| Powell However,, the statement sub
! sequently made to the board by Ike
Powell states that he had no recol-
| lection of making this statement to
anyone You will also note from Mr.
McCulleys statement that according
| to his recollection. Mr.. Evans name
! was not mentioned at all to him at
! the time he solicited him to go on the
| note. Mr.. c.. L. Oakley stated that
| Powell did intimate to him that il
| would he necessary to secure some
funds to be used sfor the purpose OF
1 defraying expenses of Judge Nichol-
+, son, r. L. Avery and r. r. McCulles
to Montgomery in his behalf. The cash
! Ter of the bank. Mt. Melton. stated thai
1 he hAa no knowledge as to what the
/ money was to be used for and really
did not know that Ike Powell was q
convict until the note became due. He
| made the loan on the reputation Of
the indorsers. None of the evidence we
obtained goes to show that anyone
knows of his personal knowledge thai
1 Mr.. Evans got the proceeds of this
| loan or any portion thereof.
BEN SMITH CASE
In reference to the Ben Smith matter
| this is a case in which his short tim'
| was restored. Upon examination of tn
records in your office. we find that OF
September a. 1915, the pardon board re
ported favorably on parole for thi
| man upon the recommendation of the tria
Judge, b. NJ. Miller and Solicitor ]. [
Thompson, together with petition signed
by many of the citizens OF Bibb county
Our Investigation developed the fact tina
Ben Smiths relatives, together with ;
Mr.. Gilbert of Blocton. negotiated LOAF
through Mr.. Dunnable of Blocton
amounting to $50. Mr.. Dunnable, tn.
gentleman who loaned the money, state