Evening star., 1946-03-11
Counsel forGi|I
Offers Official
JaiIDocument
Guard Chiefs Report
Fails to Mention
Control Cells, Youths

Fails to Mention
Control Cells, Youths
Defense Counsel for Howard B
Gill sprang surprise today at the
hearing for the removal of Mr.. Gill
as District superintendent of penal
institutions by producing an official
document Of the District Jail in q
move to discredit the testimony OF
witnesses for the Board Of Public
Welfare.
Benjamin Sweeney, captain OF
the guard, had just testified that
prisoners "disregarded all orders
after Mr.. Gill abandoned use OF
control cells for disciplinary pur-
poses. Juveniles became uncontrol-
able during Mr.. Gills regime, he
added.
At that point, Defense Attorney
John j. Wilson produced lengthy
report signed by Mr.. Sweeney on
how to insure maximum custodial
security at the Jail. After reading
over the report, Mr.. Sweeney con-
ceded it did not mention either con-
troll cells or juveniles.
Made Recommendations.
After a complete inspection of
the institution from standpoint
OF maximum of custodial security
and to insure the safekeeping of in
mates at all times" the report said
certain recommendations were made
These dealt mainly with sealing
openings, redeploying the guard
force and introducing safety equip
ment. It also advocated training
program for all new inmates.
Il would like to know how the
defense has papers which purport
to be the official documents of the
JAIL" declared Chester H. Gray
assistant corporation counsel.
Go ahead and indict me for
stealing papers," retorted Mr.. Will
son.
The report, dated November %
was prepared at the direction of Mr.
Gill by three custodial officers fol-
lowing the escape of five men on
November "a, Mr.. Sweeney testified
Mr.. Gill was suspended December
after the Institutions Committee OF
the Welfare Board had conducted
an investigation of the jailbreak.
To prove that he had referred to
control, Mr.. Sweeney pointed to q
sentence In which he said: "Steps
should be taken to protect Govern
ment property. Proper control no
doubt would reduce loss through
disobedience."
In preparing the report the OFF,
GERS did discuss juveniles, Mr.. Swee-
ney said. He added that control cells
were in our minds" but could not
recall whether they were discussed
Calls Report Irrelevant.
Since the report concerned GUS
tody, not discipline, It is "irrel-
evant" to the charge that Mr.. Gill
failed to institute effective measures
for control of prisoners, Mr.. Gray
contended.
Mr.. Gray objected to Mr. Wilson'S
showing the report to the board of
inquiry on the ground that it had
not been introduced as evidence.
You mean you don't want the
board to see it?" asked Mr.. Wilson.
I'm not putting it in," replied
Mr.. Gray.
"Wen, I'm going to ask couple
of more guys about it" the defense
attorney promised.
Speed Up Hearing.
Speeding up the hearing on 1e
charges of inefnciency filed against
Mr.. Gill, the board of inquiry today
heard four members of the custodial
staff at the District Jail and an
nounced that tomorrow'S session will
be held at the Jail.
Until now sessions have been held
in the police trial room at the Mu-
nicipal Center. Mr.. Gray said he
plans to call about six more men,
bers of the Jail staff.
At the start of today's hearing
Pvt. Wayman N. Barger, guard
testified he had been given "in-
structions to lay off" a prisoner who
had violated prison rules. Mr.
Barger said the prisoner became
"very insolent" after a captain OF
the guard said, II should not bother
about what the man did" The wit
ness said the incident occurred after
the Jail break.
Contrary to GilIs Orders.
Under cross-examination Mr.. Bar
ger said that he had received earlier
orders from Mr.. Gill "to keep the
man in his place." The witness said
he never told Mr.. Gill about the
order ito lay off" and conceded il
was contrary to Mr.. Gill's own in
struction.
On three occasions, the prisoner
whose name was not disclosed, came
out into the west entrance of the
Jail dressed in civilian clothing, Mr.
Barger reported.
"He wore starched trousers, blue
sweater and a hashy tie. I never
saw that man without a sneer on
his face" he added.s
One of 16 charges of inehciency
filed against Mr.. Gill by the Board
of Public Welfare accuses him OF
granting special privileges to GER
tain inmates. Mr.. Barger also tes-
titled that prisoners were allowed
to write letters to the penal super
intendent.
Laughed at Orders.
Testifying to a charge Of lack OF
discipline at the Jail, Andrew Dustin
guard assigned to the juveniles held
at the Jail, said boys laughed at Or
ders to clean up their quarters and
cursed him.
"They raised Sam Cain at times,
he said. "You put bunch of boy.
in one room and you know you art
going to have trouble"
Questioned by Mr.. Wilson, Mr.
Dustin could not recall whether he
ever told Mr.. Gill that he coulo
handle the juveniles.
In spite Of defense efforts to have
Mr.. Gray put Ray L. Huff, vel.
fare director, on the stand, Mr.
Gray announced today that he doe!
not intend to call Mr.. HUFF. The frs
charges filed against Mr.. Gill wer,
SiCned hv Mr. EY,,{7 h,,f thu co,,,