Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-26
COM MISSION URGES
REMOVAL OF WARDEN
OF PENITENTIARY
Continued from Page One.


possible for me to subscribe to the
report made by the majority of said
commission. The evidence
upon which the report of the ma
| jority of said commission is based
was largely that of convicts whose
evidence under any circumstances
would be subject to suspicion, and
were a class that no attorney would
| put upon the witness stand in be-
half of his own client" Torres re-
port, from Socorro, N, M, follows:
To the Governor:
AS a member Of the penitentiary
commissioners called upon to in
vestigate the affairs of the state
penitentiary in the connection with
the trouble which recently oc-
CURED at the state penitentiary in
which one convict was killed, l
beg leave to submit the following:
1t is impossible for me to sub
scribe to the report made by the
majority of said commission. In
my opinion the only evidence that
should really be considered by the
board justified the action of the
warden of the penitentiary on that
occasion. The evidence upon
which the report of the majority of
said commission is based was
largely that of convicts whose evil
dence under any circumstances
would be subject to suspicion, and
were class that no attorney would
put upon the witness stand in be-
half of his own client; and yet
upon that character Of testimony
the majority of the board has sub
mitted a report against the warden
OF the penitentiary. Practically all
or the evidence of these witnesses
who were familiar with the trouble
and who We're not of the class
above mentioned, shows that the
action of the warden was justifia-
Bile and that any reasonable man
IN the same position would have
acted as the warden did.
Other Matters Brought Tn.
Other matters were brought up
during the investigation which
were really not within the scope
that was intended as suggested by
your letter to the commission when
you asked for this investigation.
beg leave to submit that in my
opinion If there has been any mis-
management, or lack of funds to
properly operate the penitentiary.
that responsibility should not be
placed upon the warden of the PEN
itenttary; If there has been a lack
Of funds, that, of course, was oc-
casioned by the action of the state
legislature; If there has been any,
thing that could be said to be mis-
management in a general sense.
that responsibility Is upon the COM
mission, and il any censure or criti-
cism should be made, then l most
respectfully submit that. Regular
reports have been made and regular
meetings of the board have been
held and no complaint has been
made by anyone to my knowledge,
either from members of the COM
mission or people from the outside,
as to the management Of the prison
until the unfortunate circumstances
happened which has been the sub
ject of this investigation.
Having received from you a tele-
gram in which you indicate that
you desire an immediate report
from me, it IS impossible, of course,
for me to submit such report as
would be full discussion of the
testimony submitted. I cannot sub
scribe to the doctrine that any Of
fetal should be made the victim of
any circumstances, unless the facts
derived from the legitimate testi-
mony of credible witnesses justi-
flies the same. And IL occurs to me |
that the desire on the part of cer-
tain persons to have report GEN.
surfing the warden submitted to you |
and ultimately to obtain his re-
is actuated by motives that
are not justifiable under the cir
I therefore feel compelled to dis
sent from the majority report and
recommend that the
superintendent of the penitentiary
be eXonerated.
Very respectfully,
j. Z. TORRES.
When a man is fed up with his |