Year: 1859




Mr.. PRESIDENT: Your committee appointed on
March lSth 1859, to visit the State Prison and
examine all matters connected Herewith, al
though unable at the present time. to submit
full and final report upon all matters which they
consider this or some other committee should ex-
anime and investigate feel impelled, by sense
of duty to the State and to individuals 10 SUBJ
nit this preliminary Report:


The committee have to say that Immediately,
after their appointment they proceeded TO the
Prison at San Quentin and organized. That they
! found there committee on the part OF the AS
sembly, engaged Gas your committee were IN
| formed) in taking an inventory OF the property,
prisoners and effects of the prison, which COM
mittee shortly after our arrival, commenced ta-
king testimony having the parties before them
who were deeply interested in the investigation,
and whose reputation the result OF their lnvestl-
CATION and that of your committee was calculates
more Immediately to effect and also the witness
es which your committee desired to examine in
pursuing the object and discharging the duties
imposed by the resolutions appointing them.
Not being able to determine when it would be
convenient and proper to continue our lnvestlga-
tions, and not desiring to pur>ue in the absence
of the parties interested in it, deeming such a
course might work serious injustice, and being
fully convinced that full and impartial exam
nation could not be had in their absence-and
feeling, each of us, that we had duty to dis
charge toward our respective constituencies and
The State at large, demanding our presence in
the Senate-an adjournment, to meet again at the
call of the Chairman was the only alternative left
us. Before leaving the Prison your committee
took the testimony of the following ramed per-
sons: John c. Gordon, William ). Miller, Jose
Garcia, Ignacio Pacheco and Charles W. Robin
SON. from which the conclusions are: that there
has been a decided Improvement in the care
nd Of thp prisoners and of the
Prison grounds that the prisoners are treat
ed as we'll as their condition and the police gov
ernment necessary to their safe keeping would
require: that the purchases of beef cattle, for
consumption at the Prison, were made at the
lowest cash prices prevailing in the market, being
five cents per pound or less; that lot OF cattle
were bought for five cents per pound for all weigh
ing less than four hundred and eighty pounds per
head, and twenty-four dollars per head for all
those of that weight or more; that the State had
no brick on hand at the Prison about the 18th of
March, 1858 but about the first of May last brick
making was commenced and the whole number
made and set in the kiln were Q S26 600; that the
number used in building and other improvements
in and about the Prison, since that date, were
100000 or thereabouts (beWeen that and 51O.OOO);
that the number shipped during the same time
were 4 900 800; the number of brick on hand not
used at the Pr son, were not asccrtained


Your committee although having authority to
inquire. did not deem it their duty to extend their
investigation beyond what they considered would
be of interest to the whole public. and that which
might affect the interests thereof, and in pursu-
ance OF that course did not discover that any in
decent or immoral practices had been counten
anced or even tolerated by any of the officers in
charge of the Prison.


Your committee have also extended their ex
animation to the number and nature of the books
ofaccounts kept at the Prison. They are, first,
the Commissioners book, which show the receipts
and issues of all articles purchased and issued
for consumption at the Prison, while Governor
Walkup was personally in charge.


The Warden S books. show all moneys received,
and the date thereof the sources rom whence
received; all articles purchased, and the dates OF
the purchase; from whom purchased and the price
paid for the same


The Superintendent of Labor's books and re-
ports show all articles manufactured, all improve
ments made at and about the Prison, and all ship
ments of articles for sale


The Police Ohicer's books show all persons re-
ceived, discharged escaped. pardoned, and q
daily record Of punshments inflicted.


These books we have seen. and IRE informed
there are Others that the committee have not yet
examined. In addition to the foregoing. we find
that ouchers in duplicate on file at the Pris
on and in the Office of the Secretary of State, re-
ccipted in full, for all purchases made for the
Prison.


We find that Governor Walkup refused to re-
ceive single dollar from the Board of Directors
without giving his receipts for the same. and that
upon his final settlement with the Board
January l, 1859 he settled in full Tor every cent
so received, taking up at the time, said receipt,
and receiving in exchange therefor the receipt OF
the said Board for all moneyes received from the
State and proceeds of Prison labor.


Considering the duties of the different agents
and officers at the Prison, we find the books,
ports accounts and vouchers kept at said Prison
by Governor Walkup while in charge of the
same (and which system has, we believe. been con-
tnued since), have been so .systematzed as to
make the checks ani balances complete between
the different departments thereof and to render
it, without a combination of all the parties (under
for any one agent or party to wrong the State out
of one cent of money or a single article of prop
erty and escape detection.


As a system, it appears to the committee to be
the most perfect one that could have been adopt
ed reflcc ting alike credit upon the sagacity and
steadfast integrity Of the Chief Warden (Joseph
Wakup) who instituted it, and the Board of Di-
rectors, in confirming it in practice.


The foregoing brief statement of facts, togeth
with their expressed opinion from all that they
have seen, shows that there is not cause for com
plant against Governor Walkup, any other
Director, because of the pecuniary manag cement
or moral condition of the said Prison but on the
contrary. the people of this State have every
reason to continue their confidence unshaken in
the good faith of these officers both as officers and
gentlemen.


This all is the committee at this time able to
submit, and which is herewith respectfully done.


(signed) J. BERRY, Chairman,


b. T. BRADLEY,


JAMES ANDERSON.