Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-29
OUSTED JAIL GUARD
!. IN RUM CASE CAN'T
! Be PUT ON TRIAL
Capt. Barnard Points Lack
/. of Necessary Evidence
for Prosecution.
0LANS TO GRILL OTHERS
ON CONDITIONS TOMORROW
Superintendent Scouts Tales Of
Drug Smuggling; Will Make
Written Report Soon.

Every possibility Of bringing criminal
charges against a guard for smuggling
liquor into the District jail has been
eliminated, Capt. M. M. Barnard, super
tntendent Of penal institutions, revealed
last night.
Capt. Barnard also disclosed that his
sweeping investigation into conditions
at the jail will be resumed tomorrow
with the questioning of numerous
guards, prisoners and other persons who
might be able to furnish valuable in
formation. Indications were that no
more guards would be dismissed.
The failure Of prison officials to seize
q half pint Of whisky, which they said
they found on the person of w. I.
Malone, q guard, when he reported for
duty Christmas day, made It Impossible
for Capt. Barnard to expect to make
out case against him should he be
arrested for prohibition law violation.
Dismissed with Liquor.
Malone won't be prosecuted crirni-
nally," Capt. Barnard declared, be
cause IL would be impossible to convict
him with no evidence. The liquor was
not seized. The men in charge at the
time apparently thought it would be
punishment enough to dismiss him. I
suppose he'll have hard time finding
AI1OInef JOD as IL Is.
Capt. Barnard announced his investi-
CATION had convinced him that reports
that narcotics also had been smuggled
into the jail were false. He said an ex-
hauStive probe had failed to produce
single fact In support Of such rumors.
The superintendent investigation
probably will be completed late tomor-
row or Tuesday. He then will make q
written report to George S. Wilson Of
the Board Of Public Welfare, who then
will submit Capt Barnards recommen-
dations to District Commissioner Sidney
F. Taliaferro. The report remained to
be drafted last night but Capt. Barnard
intimated there was little possibility Of
any other guards being discharged.
Rum Discovery Starts Probe.
The exhaustive investigation of con-
ditions at the Jail was instituted by
Capt. Barnard Friday, after he was in
formed by Col. William A. Peak. super
intendent, of the dismissal of Malone.
Col. Peak placed little credence In Ma
1one's story that he had been to party
the night before and had forgotten to
remove the liquor from his clothes be-
fore reporting for work.
In explaining his action, Peak said
he had been informed by a friend in
q cell block where Malone was sta
toned that the guard had sold bot
tie of contraband to a prisoner Christ
mas eve and had promised to deliver
another pint Christmas day. The
search and dismissal Of Malone fol-
lowed.
While expressing regret that an in
vestigation had become necessary, Capt
Barnard said he believed the recent
turn of events would have q good eff
feet on the jail employees. He init
mated Col. Peaks summary dismissal
Of Malone had illustrated to other
guards that bootlegging to prisoners
would ont be tolerated.
Anxious to Get Facts.
Meanwhile Commissioner Taliaferro
declared 'if there is anything wrong
nobody Is more anxious to know it
than the Board Of Public Welfare and
myself"
Taliaferro added that since there are
some 500 prisoners at the jail serving
sentences for prohibition law violations
it should not be surprising that some
Of their number might be ingenious
enough to beg, borrow or steal a drink
once In q blue moon. While he made
plain that he did not want to be
placed In position Of anticipating the
probable contents Of Capt. Barnard's
report, he recalled statements Of visit
ing prison authorities to the effect that
conditions at the local jail are excel
lent.
However, the Commissioner stressed
his belief that ANY whisky in the Jail
Is too much"