Evening star., 1925-06-21
PROBE OF CAROLINA
FLOGG|NG. ORDERED l
t-.- ...r -.... ...---.. -
Gov. Mclean to Send State
Expert to Investigate
Whipping in Camps.
sp.cis, pi,patcb to Tn. Star.

Special Dispatch to The Star.
RALEIGH, n. c., June 20.-Charges
of fiogging prisoners in North Caro-
lima convict camps, which less than
two weeks ago brought: 20-year SEN
tences to. two guards convicted of
today brought Gov. Mclean
to the point of ordering a thorough
investigation.
The governor reached his decision
after a conference with several other
State officials. The inquiry will be
made by an expert from the State
Board of Health, who, for purposes of
the investigation. viii be placed with
the State department of public vel
fare.
The States violent protest against
convict fiogging is the result Of the
disclosures in Rocky Mount prison
camp.
Judge Led Fight.
Judge n. A. Sinclair Of Fayetteville,
long recognized for his independence.
took the case in his own hands and.
overriding all opposition, kept at the
fight until the convicted foggers We're
sentenced. He did not stop there, but
State authorities to force the investi-
cation which developed today.
Judge Sinclair's fight now is for
his contention that flogging in prison
must be abolished voluntarily
or be prohibited by law despite a
recent ruling of the States attorney
general authorizing the practice under
specific conditions.
Today, in Williamson, he issued an
open letter to the citiZenry OF the
State in an effort to save time by TAX
ing the issue directly before the
people.
Personally assuming the leadership
In an effort to destroy this relic Of
in the penal system of the
State, Judge Sinclair has brought him
self into direct conflict with Attorney
General Dennis g. Brummitt and AS
sistant Attorney General Frank Nash.
Will Disregard Ruling.
Mr.. Brummitt and Mr.. Nash ruled
recently that under the laws of
North Carolina the board of county
of each county can
establish it's own rules and regula-
tions permitting or prohibiting fog
ging of prisoners. Judge Sinclair
holds this is a misinterpretation of
the court decisions on which Mr..
Brummitt and Mr.. Nash base their
argument.
In his open letter to the public.
Judge Sinclair notifies Mr.. Brummitt
that he will disregard this ruling and
also will ignore all local statutes cir
the powers and functions
of his court.
He called attention 10 the fact that
two prison guards recently were con
victed for murder and sentenced by
him to 20 years in the State peniten-
tiary, and that other guards are under
indictment since the crusade began
two weeks ago. Then. in his open let
ter. he called on the mass conscience
of the State to awaken to brutalities
practiced within its borders.
The issue is the result of the killing
by two prison guards of an idiot negro
convict sentenced to the Rockymount
prison camp for trespassing on rail
road property. The negro, Joe Arm
strong, was beaten with clubs for
half hour early IN June by w. q.
Guifey. foreman of the Rockymount
road district convict camp, and r. V.
Tyler. guard NJ. II. Byrum, super
intendent of the camp, was absent at
the time.
Ordered Arrest.
Judge Sinclair read of the crime Al
his home at Fayetteville. 1mmedi-
ately he telegraphed Don Gillian, So
licitor for Martin County. to arrest
the murderers and to hold them
without bond until his arrival at Tar
boro. Then Judge Sinclair hurried to
the scene.
Without authority for his action he
demanded that Byrum resign inn
Having adjourned court
several days previous, he Immediately
ordered the Edgecombe County grand
jury reconvened. Then occurred what
seems to have been about the speediest
trial in the history of the State.
On the morning of June s, the grand
jury met. heard testimony and in
dicted Gulley, Tyler and Byrum. A
capias was issued for Byrum's ap-
pearance in court. Sheriffs reported
he could not be found.
In the afternoon Gulley and Tyler
were brought into court charged with
ma nslaughter, testimony heard and,
although they begged the mercy of the
court, were sentenced by Judge Sim
clair to 20 years each in the State
penitentiary, the meXimum sentence
for the crime. Late that same day the
men started to the State prison to be-
gin their terms.
When court was adjourned. Byrum
was located. Prosecuting authori-
ties state he was in hiding. fearing
to be brought to trial in Judge SIN
clair's court. He will be brought to
trial at the September term of court.
when Judge Sinclair is presiding in
another district.
But this was merely the beginning
of an exposure that jolted the
citizenry into q realization of actual
conditions. The grand jury was or
dered by Judge Sinclair to continue
its investigation. Rockymount has
three prison camps. The town is in
both Edgecombe and Nash Counties.
Each has a camp. The town has one
of it's own. To provide against tech
Judge Sinclair convened
the Nash grand jury and two inves-
legations proceeded.
Prisoners Allowed to Talk.
With Byrum out OF his post, guards
and prisoners for the first time were
at liberty to talk. Their testimony
before the grand jury resulted in nine
indictments being returned against
Byrum on charges of assault
Last July a nergo prisoner was
killed by a guard. A coroner's Jury
returned a verdict of killing in self
defense. Testimony given at the in
quest proved the negro had attacked
the guard with knife and the guard
resorted to his pistol. With the
prisoners now speaking freely, this
verdict has been reversed and the
guard charged with murder.