The Birmingham age-herald., 1917-03-23

B. Batson, the day warden in charge o1 , the jail, stated that he did not investi- gate the effects of MT. Overton in jail for the reason that he did not think he had a right to search his suitcase, NO SEARCH OF VISITORS Overtons relatives and friends were permitted to visit him In his cell, which was likewise true of the relatives of Tony Malona and Sam Macina, none of the visitors being searched, MT. A. B Batson stating that he did not know that he had this right
 None of the prisoners being caught alive except Lathem, who denied em- phatically that he kne>- anything about how the escape was planned, we have been compelled to rely vn such evidence as could be obtained from jail officials and prisoners. Both MT. A. B. Batsor and MT. Orr denied being in charge of the jail. although we find that 1t was generally conceded that MT. A. B. Bat son was the superior warden during the day.
 Mr Lavender and MT. Orr were paid S60 per month each, while MT. Batson re- ceived $65 per month for his services.
 IN BAD CONDITION
 No lavatories are provided by the coun- ty inside the cells, and the prisoners use a sink in common inside the white de-
 
 known, is inadequate and in bad coalition, and, therefore, requires more guards and more care and caution on the part of the guards than would a modern and we'll built structure. The jail, both inside and outside. viewed from sanitary, archi- tectural or security standpoint, is who'll ly unsuitable and a disgrace to a popu- lous and progressive county.
 The unsafe condition of the jail, gen. era1 rp01IireS aXtraOrdi- nary precaution on the part of capable, honest and prudent custodians. The coun- ty heretofore has not been given the services of such men as Wardens, and probably will not be, unless adequate salaries are paid, commensurate with the dignity importance and responsibility of these positions.
 The evidence shows that the sheriff of the county has given proper instructions to the wardens with reference to the safe keeping of the prisoners, but that his in structions have been ignored. Whether there was any collision between the es- caping prisoners and any of the wardens we are unable to state at this time; but we are certain that there was no collu- sion between the prisoners and the sher- if The law provides for impeachment of sheriffs for willful neglect of duty and incompetency.
 OPPOSE ENTERTAINMENT
 We do not find that the evidence, which has extended into every possible phase of the recent jail delivery, and others justifies a recommendation for impeach- ment of the sheriff, on any ground. While we believe the sheriff has been careless with reference to the appointment of wardens, and has likewise not been suf- ficiehtly exacting with reference to a careful and cautious demand for an ob- servance of his instructions to the war dens, yet we cannot say that the sheriff is not intelligent enough to remedy such evils as we have found to exist
 Practically all of the defects which we have found to exist have followed long established precedents on the part of other sheriffs. There has been no com p.aint made to us about the sheriff's per- formance of any other duty outside ot the conduct of the jail; and, in fact, we find that his enforcement of the laws has reflected credit upon his administration
 CENSURE JAIL CONDUCT
 We find from the evidence that our sheriff is honest, conscientious and has a sincere desire to serve the people faith fully and we'll and, while his conduct of the jail deserves and has our censure by reason of the lack of intelligent sys- tenn handed down from his predecessors,
 
 his services for the remainder of his term will not demonstrate his honesty and in telligence. The sheriff has already dis charged three wardens, which was ster in the right direction, and one which the shelf has promised us, will be fol lowed up with other remedial action, as this body may find wise and expedient
 SUMMARY OF CAUSES
 Summing up our findings, we report the causes of the recent jail delivery to be as follows:
 | An inadequate, unsafe and insecure jail
 2. The use of prisoners as trusties. with control and custody over other prisoners and the keys of the jail.
 B. Imposing too many duties on one warden.
 4. Having no lavatories in the separate cells for felons and condemned prisoners
 5. Employment of incompetent war dens.
 6 Fragrant and gross carelessness and disobedience to instructions by the war dens in charge.
 '. No active, aggressive and capable person in immediate and direct charge ol the jail and present therein.
 8. Failure to search every prisoner ano his cell every day.
 The admission of visitors into the jail or into such places that they car be alone with a prisoner, without a competent guard being on watch, to set that nothing improper is given to the prisoners
 l 10. Giving prisoners too many liber- ties in the jail.
 RECOMMEND CHANGES We recommend and demand that the following changes be made: l. That no prisoner be used as a trusty for any purpose whatsoever, nol given any authority over prisoners ol keys. nor have any duty whatsoever as signed to such prisoner, the sole objec of jail imprisonment being to keep thu prisoner in safe custody, as required by law
 The division of duties among thu wardens, so that no one is required tC leave his post of duty. 8 The installation. immediately, by the board of revenue of lavatories il the cells of the jail for white prisoners | in which are kept those charged witf felcnies.
 ] That the sheriff employ capable | and efficient man. at an adequate sal
 Children Cry