The people's journal. (Pickens, S.C.) 1891-1903, August 17, 1899, Image 1
THE PEOPLE'S JOURNA.
VOL o.---NO- 30- PICKENS S. C., THURSDAY, AUGUST I 899 ONE DOLLAR A YEAR
COMMITTUE REPORTS I
RESUI4T OF INQUIRIES.
FINDINGS OF NEAL INVE8TIGA
TION AItE SUIMIT f EI).
Loose Management Condlemnedl and v
Conduct of Farms and Treatment C
of Convicts Comnended.
The report of the legislative com
mittee appointed to investigate Col.
W. A. Neal's management of the State
penitentiary has been filed with the
governor. The full report follows:
To I-Ion. M. B. McSweeney, Governor:
The general assembly of this State t
at its last session passed a concurrent
resolution to appoint a committee of
two senators and three representatives
" fdr the purpose of investigating the
affairs of the penitentiary " with in
structions to report to you. The un
dorsigned were appointed as bald com
mittoo and organizad by electing W.
10. Stevenson chairman. It selected
John Taylor as expert booskeeper and
Miss M. F. Gibbus as sttnographer.
Meetings were held from time to time,
as it was expedient to do so, as is
shown by the record herewith sub
mitted. Much testimony was taken d
bearing on the condition and manage.
ment of the penitentiary. The matter
examined were embraced under three
heads : 1. The treatment of the con -
victs. 2. The condition and manage- t
ment of the farms and the disposition f
of farm products. 3. The general
financial atfalrs of the penitentiary t
proper and the use and disposition a
made of the assets of the penitentiary d
proper, including amounts due to the
8ame.
1. As to the treatment of the cr. f
victs: We find that Mr. Neal h.
ways been an advocate of hur '
and 5that wherever the treatme ,f
convicts came under his pet/oal
supervision there is no doubt of 41r
kind and humane treatment. On, in- a
stanoe of very severe whipping is re
ported as being given by one subordi
nate, Mr. J. .J. Cooley, for which Mr.
Neal is not responsible. We wish to
commend the methods used by Mr.
Miller, manager of the Lexington
farm, in this particular : His manage
ment has reduced the tecessity for V
whipping to a minimum, and yet he c
-gets excellent. results. While we know t
w.hat the convict must be controlled we
feel that the dictates of humanity re- 1
quire that the unfortunate who is c
without character or legal standIng 0
and without friends or hope of redress t
should be treated with all the consi
deration which strict discipline will t
allow. We are glad to be able to
report that Mr. Neal has always shown
his destre to do his full dul.y by the 9
convicts from a humanitarian stand- 1
point.
2. We find the farming property in 9
line condition, well stocked and well
cultivated; large crops are made, and
valuable improvementA in the way uf f
buildings and dykes and ditching and
clearing have been made during his
administration. The superintendent
deserves commendation for the ener
getic and skillful management of the
affair8 and improvements made on the
property, both on the farms and at the
penitentiary itself. The DcSaussure
and Reid farms have been paid for
under the administration of Mr. Neal.
We are not prepared to say that dhe
farming business, however, is prollt
able. There has beon, for instance,
for the year of 1898 an average of 130
hands used on the Reid and DoSaus
sure farms. The evidence Is that they
will pay $50 per year per head when
hirea out, making $6,950 net from
their hire. The total products from
these farms for 1898 as revorted by the
bourd was $i1,013.95. The cash re
turned from the farm produce of Do
Saussure and leid farms, pages 24 and
11, is $12,735,55; ninety-uine bales of
cotton on b-and January 1st. 1899; there
was possibly on hand at that time un
der a liberal estimat3 $7,000 worth of
other produce, masking a total of $22,
210.55 accounted for, and leaving a bal
ance of $18,803 40 which must have
been consumed. Now, this crop cost,
therefore, the hire of convicts, $6,950 ;
accounts paid for the t wo farms, $20,0691;
rent of land, estimating it at one quar
ter' of the crop, $10.250 40 ; produce
consumed in the making, $18,803.40.
The crops cost, therefore, $56,076 27;
the value of the crop, $41,013.95, leav
lng a deficit of $15,062.32. Prom this
should be deducted the value of per
manent improvements claimed as
being made during the year (see ex
hibit A), $1,000, leaving an ,pparent
de ficit of $14,062.32. To this should be
added the interest on the equipment,
which is valued by the directors at
$25,000, on pago 21 of the repoert of
189)7, which, at 6 per cent, would be
$1,500, making a total deficit of
$15,562 M, Fr.n this, of course, should
ie 'doducted tu corn and oats and
bacon furnished to the penitentiary
itself, which, at a liberal estimate
from the testimony before us, could
not exceoC $5,000 from the crop of 1898,
which would necessarily leave a loss
of $10,5023:2 from farming operations
on those two farms.
3. As to the general financial alfairs
of the poenitentiary proper and the use
and disposition made of the assets, etc.,
we are constrained to report that the
investigation has brought forth a stateI
of affairs which is not creditable. in
the first place it will be found by s
close examination of the testimony
taken that the directors knew too lit
tle of the affairs of the institution and
were too subservient to the will of the
superintendent. The fact that there
were about $4,600 of Ragedale notes in
the bank with the penitentiary en
dorsement rep)resenting convict hire
for two years on Mr. Neal's lilace,
while the directors thought the hire
had been paid, shows that their know
ledlge of the aftairs of the institution
was entirely superficial. The fact that
they paid him $10 a month stable rent
for six years and two months for allow
ing penitentiary horses to stand in his
stables,.where they were kept purely
for his convenience, and now profess
not to kcnow they were paying it is an
other evidence of the somRnolonce of
their faculties when approving ac
counts. They either knew that such
was the case, or they did not know it.
if they knew they were paying it, they
were deliberately yielding to Mr.
Neal's desire for money, to which he
was not entitled, and wore therefore
culpable, or, if they didn't know it,
t~hoy were annproving and paying an
tem monthly for several years which
vas wrong and never found out. Either
upposition is sulliciently humiliating.
We would note here that we know of
1o law authorizing the directors to
:eep a lot of horses and carriages for
ho use of the superintendent's family,
mnd we regard it as an unwarranted
ixtravagance. The evidence here is
hati the bookkeeper had to use his
torse on penitentiary business, for
which the State fed him in part, while
he horses for whooe stable rent we
vere paying handsomely wore being
ised by the superintendent's family.
Lhe evidence is that there was stable
com for these horses at the peniten
iary. The custom of entertaining
argely at the penitentiary grow up
lso under Mr.Neal. Crowdeatetbero
roe at the bounty of the State, making
he taxpayers their hotel keepers, and
xercisiug a thrifty instinct to got all
hey could at the public credit. Un
ortunately the board of directors set
be example by boarding themselves
here, thus adding to the pay allowed
y the law the further provision of
otel bills. In justice to the board,
owever, we will say that after this
avestigation was begun and that mat
3r was brought out they decided to
iscontinue that practice and pay
beir own board. This is as it should
e. The lavish entertainment there,
ough, was such as should not be to
rated again. Politicians, contrac
>rs, State constables, and personal
-lends all found a welcome and good
heer there. The result has been that
he institution came to be considered
s a place where any accommodation
esired could be had, and as a result
,a find many things to report as
rrong. We lind that he has given
way many articles produced by the
enitentiary to prominent men, such
s a bookcase to Congressman Latimer,
arniture to D. LI. Tompkins, secre
iry of State, and T. J. Cunningham
nd S. 1-. J. Garris, directors, and
enator Tillman, who also got a car
ad of brick, which he says Neal gave
im, but which Neal says he sold him.
lost of these articles Neal now pro
ass to be ready to pay for, although
e had never charged himself with
hem up to the institution of this in
estigati6n. Mr. Garris also got a
arload of brickbats and some pigs and
urnips, for which Mr. Neal does not
hink he should pay. Mr. Garris had
een anxious to settle the pig bill, but
ould not get it made out, and the
thar items were mere presents and
hey contend were worthiess. We do
ot think it wise, though, for directors
> be accepting even valueless pre ents
'om the penitentiary. If Mr. Neal
ad paid for these things when he
ave them away, it is a questionable
ractico for an officer to be makiu
res'ents to public men, but when he
Ails to pay for them and takes the
tate's property and gives it to public
ien he does two wronge, he misappro
riates public property and attempts,
pparently, to control the itilhence of
ublic men by the use of it. Further
han that, he has allowed the gover
ors of the State during his adminis
ration all to get such things as they
esired from the penitentiary, and has
either presented the bills for them
or plac d them in the assets and on
he regular books. A list of their ao
ounts which he should have presented
,nd collected or published in the list
f accounts due is hereto attached.
le has himself, also, taken supplies to
, large amount At a very low price and
la.> never paid for them, an account of
hem being also set forth in this re
>ort. We find also that there has
wcen a rule that the superintendent
hall be furnJshed with wood and coal
roe. This is not warranted by law,
6nd Is merely another device to in
rease the salat y of the superintendent
:ontrary to law. Again, cho gover
aors have been allowed the use of con
ricts, tools and stock to cultivate land
ocar the city, and this has not been
3harged to them. This is excused by
M4r. Neal on the plea that the governor
s ex off'icio chairman of the board of
Jirectors and has in consequence al
ways gotten what he asked for. II
abat is correct, it is time that the gov
srnor should be taken off the bo &rd
We do not refer in speakhag of the
aultivating of land to the patch arouni
Lhe governor's mansion, which is
public property and properly cultivat
ed by convicts, but to independeni
farms outside.
Again, the board had a steam laun
dry established in the penitentlary anc
operated by the convicts, Mr. Neal an(
Governor llorbe have both had thoh
family washing done there ever sinc<
free, until the termination of Mr. Neali
term of oflice. Njw, while It is dis
agreeable to refer to these~mattors, we
deem it our duty to call thoem to thi
attention of the general assembly. I
the governor's salary is 60o small i
should be increased by the genera
asambly, not supplemented by thn
penitentlary. If not too small the gov
ornor should be satisfied therewith
The same remarks apply to the othe:
officers mentioned. It should be a pies
sure to those gentlemen who have re
ceived these things from the State t
make reparation an- the lesson shouli
ho learnod once for all that a pub!i
ciller, because he is a public c'fr'
has no more right to the 'o~porty c
'who State than the humblest citizer
and when he attemplts to give it awa
to prominent mon the inferenco proi
erly deductible is that he is barterin
it for their influence, arad they shoul
be above suspicion and keep thenr
selves so by declining such present
Any other course breedy distrust~ in th
poople1 of their rulers, and when thn
thoroughly permeates the masseq r
spect for law andl order pierlshos as
it becomes a question of who can g
the most out of the government, ar
high omieo is sought not from motiv
of patriotism, but of plunder. 'v
think the penitentiary auth'orltl
should proceed at once to ascertrdin ti
volue of the assets thus gIoen awn
and present bill for them to the pa
ties who received them, many of was
have professed willingness and doel
to pay for~ them, and if possible sa
all such items. This shou ' by
means prevent their holding the bo
01 the superintendent liable for su
things as are not settled for, lHe h
misapprolriatedl the aseets and shoE
account for them. There ie anotlh
matter which deserves attention in c
general remarks. The management
seems has been rociving favors a
granting them in retun, It sho
pay for all assistance it gots and then
charge for all matta)rs rendered. The
case of lion. J. W. Ashloy is In point
He furnished transportation for the of
ficials, muaking no charge ; in return
his horse was boarded at the peniten.
tiary during the session of 1898 of the
l.egislature. .Vhile this may be very
convenient, it is not business. If Mr.
Aahley's favors were worth receiving
they should be worth paying for, and
likewise the board of the horse ih
worth paying for. This free and easy
method of balancing one against the
other will render it impossible to as
certain at any given time the liabill
ties of the penitentiary. No one will
be able to ascoitain what the unre
turned favors received at tbe hands oi
the friends of the superintendent are
worth, nor when the institution will be
called upon to hoard man or horse in
return. It amounts to a reccprocity
treaty between the superintendent and
his friends, which may involve the in
stitution in endless liability and ex
pense. I t should be stopped. Another
unbusinesslike feature of the manage
ment is the contract of the institution
with the knitting mil) company in the
penitentiary. They give the mill a 25
horse power motor and pay the elec
trical company for 25 hor'se power and
are to charge the mill only what power
it uses. Tney have not settled in five
years and haven't even put in a meter
to be able to tell how much power has
been used. Now, the mill company
wants to settle at 10 horse power. The
directors don't know what was used
and have paid for 25 horse powor. This
Is unbusinesslike and negligent, in our
opinion. Now, as to Mr. Neal's finan
clal transactions and his moral obli
quity in the matter. In the first placo,
in the face of the plain spirit of the
law he arranged as soon as he became
superintendeit to have his kinsman
and creditor, J. Belton Watson, take
charge of hid plantation in Anderson
County and procured for him convicts
to work it and agreed that the net pro
ceeds, after paying for the convict labor
and the farm expenses, should be ap
plied to his debt to Watson, and he
was thus to got the advantage of all
profit made by the convicts labor, indi
rectly hiring them'to himself. The law
enjoins upon him the duty of watching
those who hire convicts, preventing op
pression and en*orcing the rule that
they shall be humanely treated, care
fully attended by physicians and not
required to labor more than ten hours
a day, nor on Sundays and holidays.
Sections 566 and 5119, Vol. 2 lRev. Stats.
of 1898.
The plain intent of the law is that he
shall not hire them to himself, directly
or indirectly, or be personally inter
ested in the amount of work done. ThE
net proceeds being his, the tendency
would be to give Watson the best la
bor, work it over time and report at
much lost ihu as possible. iiaving
run under this contract for the ye irs
1893, 1894, 1895, he had his debt re
duced as a result from $17,000 to $14,
000 (See Exhibit U). Tnun be took a
contract from Watson (Ex. 11) whereby
exclusive contr<, was teur.ued to hiu,
but the convicts weru hired to Mr.
Watson (See Ex. G), and no bond was
taken from Watson. This was plainl3
done to mislead the board of director
as be frankly admits that they would
not have hired them toehim. Thus h4
became the master, the contractor i
fact, with Watson as a stalking horse
All the profits inured to his benelit
Instead of paying the State for the con
vict hire for 1896 he took a worthies
note of his foreman, one Ragsda'e, am
endorsed it as superintendent of thi
penitentiary, borrowed money on I
and returned it as cash received. Thi
note has never been paid and the bani
threatens the penitentiary with aui
for it. Tne same thing occurred It
1897 with another lagsdale note an
in 1898 no pretence of payment ha
been made. The not proceeds of thi
farming operations for 1896 and 189
were paid to Mr. Watson on Mr. Neal'
debt to him, except $1,465.85, for which
|Mr. Neal gave Watson a receipt al
superintendent, and which was nol
turraed into the treasury, but which
is covered by one of the lu~gsdale notes
The State has been left out for the en
tire three years and In 1898 neithei
Watson nor the State has b'een paih
anythbing. in November, 189.5, Mr
Neal collected of V. Q4. 11am mond *50)
on convict hire, which he kept ani
used. In December, 1895, he coll11ecte
from Cooley & Fowler 8500 convk
hire, which 3 also used. In F~ebre
ary, 1897, he collected from these tw
firms over 813,000 and deposited to hl
own eradit and used $536.95 of the sami
He collectjd from J. J. iPretwell $387.1
for oats (Eix. M),and failed to pay it 1
He gave a cheek to the bookkeeper fc
$172 to balance his account for cash I
hand and there was nothing in ban
to pay it and it has not been p~al(
Ilie took a note of W. W. Russell ft
$000 for his own accommodation an
- endorsed it as supJerintendent of thi
penitentiary and placed it in bank, an
It, has never been paid, the bank
- after the penitentiary for the mono,
-and Mr. Neal ad mits that he is liabi
) therefor. lie collected $740 stab
I rent, which was unauthorIzed, bi
3 which he claims was allowed by ti
, .-'1r of directors, which they den
fand Wa ch appears to hayo been a
,proved ih the prnison pay roll. He h
! gotten suppldies from the peOnitential
for which he has not p~ald, amountli
Sto $0318.29. Is family washing hi
1 not been paid for and ho got a carloi
of cotton seed ton plant, which I
in. should pay for. All these matters, I
o ken with presents of State proper
t to his friends and his having his supe
in- intendent, 1tagsdale, to furnish tl
d cows to the penitentiary at a big prof
>t which proflt, Mr. Neal got, his keepli
d open house for his friends at the poi
is tentlary at the State's expense, star
'e him as being utterly deleiont in t
3s faculty of distinguishing between whi
he is his andn what is the State's acco
ty panied with a remarkable faculty
r- being generous with the States' asui
m and especially t~o himself. We he
rn that both W. A. Neal and J. 1B. Watm
ye are liable for the convict hira for c<
50 victs to b)e wor'kod on Neal's plantatl
ad for the years i.196, ISAI and 1898,
3h the reason t~hat WVatson contracted
as pay for thoem andu Neal got the beni
id of the labor and viohit.d his duty
er .procuring them to be workedl for
ur benefit and deceiving tihe board of
it Irectors. Their lahor was an asset
nd Ithe penitentiary as much as the p
lId ductsa of the lahno, on tha State fai
and he cannot take either and refuse
to pay for it. A conversion of one is
the same as the conversion of the other.
We also condemn the practice of the
superintendent's endorsing paper as
superintendent and thereby pledging
the credit of the penitentiary without
express authority from the board of
directors in each instance. We espe
cially condemn Mr. Neal's action in en
dorsing ar, $850 note for J. B. Watson
and thud making the penitentiary bor
row that amount of money merely for
Watson's accommodation. We as,)
condemn Its use in the Ragsdale notes
and W. W. Russell note.
The following are the amounts now
admitted by Mr. Neal to be duo from
him to the penitentiary, it being ac
knowledged that there Is a shortage to
that extent :
J. S. nowler................$ 500 00
W. Q. Hammond.............. 500 00
l'owier & Liammond............ 539 05
W. W. Russell note (ques
tioned ....................... 600 00
Collected from W. T. McGill
for brick sold at DeSaussure
fa in......................... 40 00
Five bookcases at $12 each.... . 60 00
Une hatrack.................. 10 00
Six smail tables at $2 each.... 12 00
One bedstead ................. 10 00
Painting furniture at home.... 10 00
700 bushels cotton seed at 15c
bushel...................... 105 00
Commissary account for 6
yeare .................. .... 63,8 29
Check unpaid and stated by
Burris as carried as cash.... 172 00
Collected of J. J. Fretwell for
oate, April, 1898............. 387 17
Total........................$3,584 41
We find that he I@ liable in addition
for the follorlng amounts, which are
contested by him :
Conviet hire on the Watson
contract for the years 1896,
1897 and 18U8. ........... $7,400 00
We think he should refund
stable rent which should
never have been paid...... 740 00
$11,724 .11
There appearis to be due t' e peniten
tiary the following items alch have
not been properly charged i j the books
or collected, being found on an old
brickyard book and commi, seary book
and which the parties are no doubt
ready t ) settle on presentation of bills:
Hon. W. 11. Ellerbe, commis
sary account................ $54i 11
Hon. John Gary Evans, coin
missary account...... ..... 181 14
Ron. B. R. Tillman, commis
sary account............. . 57 06
Hon. 13. R. Tillman, carload of
brick......................72 00
Hon. B. Rt. Tillman, oats, no
amount given ; he simply in
forms us that he owes for
them and we do not find any
record of it.
We append as Exhibit A a statement
of the prouiurty purchased, imL)rove
ments made and labor furnishod to
public institutiong by the penitentiary
(luring Mr. Neal's a.ministration, ag
gregating in all $175,845.17, being the
value placed upon the same in the ro
ports of the board for the six years.
The evidence taken to herewith sub
mitted. The proper steps to be taken
as a result of this report and the evi
dence will be determined no doubt by
yourself and the atturney generai.
iRspectfully submitted,
W F. STEVENSON,
J. T. HAY,
KNOX LIVINUSTON,
Tiios. F. McDov,
11. Cc WPER P'ATTON.
EX1IIIIIT A.
Report 1893
p. 7. Clemson College convicts
I cash for guards, etc. $ 3,118 19
p. 6. T wo Elecbric motors, etc 2,000 00(
p. 7. Convicts Clemson col
loge and guard hire....14,580 00
P. 7. Convicts, guard hire, etc.
for Winthrop..........10,980 00
$30,078 49
Report 189)4.
p. 0. Old hosiery mill (over
hauling)..............$ 4,000 00
-p. 0. New hosiery mill rebuilt 15,000 00
p. 6. LIprovemnents In yardl,
.inclusive of above items. .30,000 00
-3 p. 7. 7 bead mules and horses 700 00
1p.7. Labor and cash to col
loges...... ... ....... .. .22,852 32
$53,552 32
0 Report 1895.
e p. 7. 88 mules for State farm,
e ngines, gins, wagons,
'7 tools, farming implo
ments.......... ......$12,000 Ut
r p. 8. To colleges, labior, cash,
n etc....................17,114 81
k
$.9, il4 314
r iteport 1898.
d p. 17. Improvements peniten
0 tiary p roper, barns, sta
d bles, sheds, etc........$ 5,000 0(
a P'rison building a other
6i improvemn'ts ins'de yard 1,000 01
e Buildings at Reel farm.. 2,500 04
e De~aussure place, (uar
t ters for guards, dining
e room, amok. homee, hay
YI' sheds, grist mill engine,
P' boilers, guanso louse on
's railroad, etc.. . ... .... .. .2,00 04
-y
~ eot19.$10,600 0(
dp. 19. New laundry ollmpleto,$ 800 0(
o Itoed farm, new barn for
a- mules, hospital muilding,
y lot fencing, fen ing 400
'acre pasture Ian' ....... 5,000 0(
s$5,800 00(
g Iteport 1898.
al lieport of b~oard of dIrectord on pages
)9 5 and 6.
so Paid purchaso real estto with
at interest accruing ax pur
C' chase money...........$36,000 OC
of Building dykos, clearig land
Its etc ....... ... ... ......10000
on $46,000 0C
on Ti'ILLMA N AND) Kv NS W RJITE.
or Senator Tillmnan ad ex-Governor
to John Gary IKvans neer (lid come be
fit fore the committee. 'jie senator wrott
in a letter to the comnnteo in Juno, bu
lis Mr. Evans wacs not teard from untl
di- a day or so ago. Blot, he and Mr. Till
of man wrote Chairm~e Stevenson al
ro- Cheraw under (late o Axna' 1.
m, letters fo1il
Greenville and then to Saluda, whore
they were received Aug. 5, after the
comnitteo had adjourned.
Senator Tillman's letter was as fol
lows :
Tai.:N''ON, S. C., Aug., 1.
)ear Sir : Your letter of June 24
enclosing copy of the account on the
commissary book at the ponitentlary
received. I have no recolleation of any
of these matters, and am morally cor
tain that I paid everything I owed the
penitentiary when I left Columbia at
the expiration of my term as Governor.
Besides, I loft all the corn and hay
I had on hand at the executive3 mansion
with the understanding that governor
Evans would take it and pay for it, but
he told me that Col. Neal used It. The
mansion was unoccupied for soveral
wooks after I loft, undergoing some
refitting and overhauling, and Neal
probably removed it for safekeeping.
I do not feel that I owe the State
anything on that score.
'I'he brick I am willing to pay for at
the price I could have bought them in
Augusta at the time, $4 at th- kiln, or
.$6 delivered at Trenton. I pnid the
freight on the carload of brick which
Col. Neal shippod me.
ReOspectfully, 1. it. Til,LMAN.
Ex-Governor Evans writes as fol
lows:
W ATE'LLURY, CONN., JUly 310.
Hlion. W. P". Stevenson, Cheraw, S. C.
My Dear Sih : Your letter in refer
ence to the penitentiary investigation
was handed me by my brother while
in :dgetiold, and the reason I had not
answered before is that I fully intonded
to bo with you at, the next session of
your committee. Circumstances over
which I have no control will prevent
my being with you as anticipated.
So far as the statenmnt that "I
worked convicts upon iimy farm'' is coi
cerned, I am satislied that you have
had ample proof of its absurdity. I
had no farm upon my occupancy of the
governor's mansion. I was informed
by the superintndent of the pen iten
tiary that my predecossor had rented a
sMall plat of grouind, about live acres,
in or near the city limits, and that he
(the superintendent) had sown for the
governor and made rough forage for
his horse,'and that he would make the
same terms with me if I desired. I
did so, and paid the owner, Mr. Geo.
11. Newman, $30 cent and have his re
ceipt. So far as thie larvest was coni
corned, It was pretty expensive, as my
share was not sulielent to reimburse
me for the rent. The property being
city lots, however, I suopose we got
out as light as most "iBelglan block
farmers."
As to the account I owe the manage
ment of the penitentiary, I will state
for the information of your committoo
that the articles I purchased were at
market prices, such as any ordinary
citlz2n could buy, ad it wais no cspe
cial favor to me.
The account will be paid when a cor
roct bill Is rendered, and not before.
It Is no fault of inine that it has not
been aettled hefore. I am sorry that I
cannot be with you, as I would gladly
rendor you any assistance In my power.
I would respectfully call your atton
tion to my messages to the GneM-ral
Assembly and their references to the
management, of the penitentiary.
With assurance of my high esteem
for you and your committee, I am
itspectfully yours.
JOHN GAitY EVANS.
THiE D)REYFUS TRItAls.
Questions oni Whica the Court Mar
tial liiges-A Ltesiine of a FImiiouis
Case.
Fronm The Now York Tribune.
PARis, July 25.-As the day appoint
ed for thbe retrial of Capt. I)b cyfus lhe
fore the Permanent, Court-martial o
the 10th military circumseription a
Reonnes draws near it may be useful t<
give a summary of the judical asp~ecti
of the ease created by the judgment o
the Court of Cassation, sitting In fuil
bencb, pronounced on Juno 4, by virtue
of which the retrial was Instituteod, anm
by the instructions sent on July l19 b'
Gen. Do Gallifot, minister of war, to M a
jor Carriore, commissioner of the gov
emrnment at the Ithnnes Court-martial
regulatIng the procedure so as to pro
vent the military tribunal coining lntc
couflict with the Court of Cassatilon,
which In itself would vitato whatevr
judgment might ha rendered hy the
former.
Trho usual Court martial hour is 9 a.
mn., hut as ',ho trial comes off durIng
the "dog days'' and takes place In thie
Salle du Manutention- an ill ventilated
room in the military bakery buildings
adjoining the prison-Gen. Lucas, coim
manding the luth armiy corps, after
consultation wIth Col. iouast, president
of the Court martial, has decided that
the proceedings shall begin overy
morning at (.30 o'clock and terminate
at noon. There will be no afternoor
or evening sessions. TIhe coilint
of the Sale do Manutontlon Is buii
littlie over eight feot high. If thu
present, weather lasts the sourt, roomr
wIll become a vertable oven, almost
equalling the temperature of l)evii
Island. Trho ideal court, room wouldJ
have been in the P'uals de.Justilee, near
by, but, unfortunately th is spaciomt
building is separated f1 om thbo prison,
so that Capt. l)roy fus would hiavo to be
conducted to and fro across the streot,
thereby affording opportunities foi
popuOlar demonstrations, w hichd the au
tkoritics are determined to avoidi.
It shiould be horne ir nmind wher:
reading the accounta of the comilng
trIal that one of the consequuonces of th(
judgment delivered by the Court o1
Cassation on June 3 hae been to shif1
the burden of proof girom the prisonje
to the prosecution. At the Court
martilal of 18911 it, was incumbent uo
Capt. I)reylus to prove that, he was in
nocent of the charges brought agains
him. T1his was in accordance with
i'rench law, which places the burder
of proof upon the accused, and, need
less to say, Is contrary to the principlet
of Anglo-American jurbprudence. liu'
at the lInnes Court-martial Capt
Dreyfus, who has aiready dlonnedI th<
lVrench artIllery unifomi, will app~eal
-as an oflicor who has been lillegali'
condemned, and will not 1)0 obliged t<
Sprove his innocence. It will be for t~h
rosecution to prove thait lie is guilty
1'hus within certain iimnits the acocuis
nea of 8x1.1 will -.- a
In 181 they possessed proof of Droy
fus's guilt.
Much confusion will also be avoided
If It be kept in mind that the issue
rolegated by the Court of Cassation tu
the itennes Court-martial for trial le
narrowed down to the single question
whether or not Capt. Droy fue communi,
cated to a foreign power the precIsc
documents enumerated in the border
eau. It will be recollected that the
bordoreau is the memorandum withoul
date or signature written on very po
cullar water marked tissue paper,
which upon the evidence of the late
Col. Henry, the forger, was discovered
in slips in the waste paper basket of
Col. von Schwartzkoppen, then mill
tary attache at the German embassy
in Paris. and, after being put together
by Col. hIenry, formed the basis of the
original charges against Capt. Drey.
fus. There li nothing in the border
cai to show that Capt. Dreyfus had
been following treasonable practices,
or to connect him in any mannor with
it, beyond an alleged 8imilarity be
tween the handwriting of Dreyfus and
that of the author of the bordoreau.
The Court of Cassation has decided
that the bordereau was written by
'itorlhazy, and not by )reyfus.
TIhe Court of Cassation has already
passed judgment upon all the other
ovidence adduced against Dreyfus In
894i, including the confession of guilt
falsely alleged to have boon iado by
)reyfus in January, 1895, to Capt.
Ikebrun Itenaud and to Sergt. 13port,
as well as t e famous secrot doiior,
with its forgeries and criminally mani
pu lated docuiments. All that is legally
left standing after the olimination by
the Court of Cassation of the irregular
itles that vitiated the conviction of
1894 is the bordereau, which the Court
of Cassation on June 3, leclarod was
not written by Drey fus. The functions
of the Rtonnes Court-martial are now
lImited to hearing evidence and do
elding upon the subject of the alleged
communleation b)y Capt. I)royfus to a
foroign power of the documents onu
mcrated in the bordereau, now known
to have been written by Kitorhazy, as
lhe hlimbelf has confessed. It should
be remembered that, Droyfus was un
ac(qunO ted with hiterhazy when tihe
bordereau was writton, and it may be
sale to predict that it will be practi
cally impossible for the prosecution to
orove at the forthcoming trial at
lt-nnes that Capt. Drefus handed over
to a foreign power the documents in
question.
Much will doubtless be heard of
these documents at the Itonnes trial,
and it may be worth while to mentior
them. Tkey are livo in number.
l'irst. A description of the hydrauli
brake of the field gun known in thl
i'rench sorvice as the " 120 court," an
notes upon the construction of its car
rIago. The "20 court " ! n a h hav i
gun used by the Pronch field artillury
its gun carriage is ingeniously con
trived, so as to travel over ploughet
fields and " across country." The pro
jectiles were formerly loaded witt
melinite, but, dynamite Is now used for
th is purpose, and recent exporimenta
made near Mentone with dynamitc
shells fired from the " 120 court " guns
are said to have pulverized soveral
thousand chic netres of solid rock.
Second. A memorandum concerning
the " troupes do couverture," (troopi
in caso of mobilizAtion to be throwr
toward the frontIer so as to cover the
actual mobilization,) with modificationi
aco'ding to the latest plan.
Third. A note describing the changei
adlopted In the artillery formation
(Lhis refers to Lli distribution of bat
teriest at 1he comsmencoement of mobili
zation Umong the divisions of the arm;
corps.)
l"ourth. A paper on the Madagasca
Campaign.
P'i fth. A draft of the manual of liel'
artillery lire, dated March 14, 189.
In thbe report of I 'resident liallol
)licaupre, the conlclusion~s of whie
were adopted hy the Court of Cases
tion, a por tion of the record of th
Cou rt-martial of I 194 is cited, froi
which it appears that on November 2
189)4, Commandant d'Ormeschylile (ti
ollcer who framed the indictment upt
-which Dreyfus was convicted) shows
D~roytus the original of the bordorea
Drey fus resolutely denied over havhr
seen the document before, and e;
plalnod in detail why It was material)
impossible that ho could have wrltte
it. When questioned about each
the five documents enumerated in th
bordoroau the answers of Droyfus wer
as follows : (I) " Never at any perlo
of smy career have I had in my 1o0880
slon any document relatiog to th
hydraulic brake or the carriage of th
120. The last time that I saw the 12
gun was while I was at the Ecole d
Ouerre; I saw it en repes ; I have neve
seen the piece fired." (2) "Since Jan
uary 1, l1i9i, .until July of the sam
year, I was employed at the second
bureau. Iharing that entire time
never hsad any work to do In relatlo;
to the ' couvrturo.' I have never ha,
In my possoson any document upoi
this qusest on. It was not until July c
thes samsse year that I entered the thor,
busreau, and it was not until Septembo
that I was' char'ged with the work c
superintending the classiflcation of dc
cum sents relating to the ' couvorture.'
(1) (In regar:l to the note relatingt
a mnodlllcation in the artillery formo
tilon.) ''In the month of June I onl
knew but one thIng in thIs connectic;
and that was the suppression of tw
regiments of artillery pontooners an
the creation of twenty-eight now ba
tsiries. As to the campaign formatloz
of the artIllery I was ignorant of thes
then and I arm still ignorant of thei
today. Moreover according to one
the (que3sthons in an inteorrogato,
-these campaign formations for
lery did( not reach the staff un
month of June." (4) " Never~ an
time have I read or had in frand
any document, about th ,agasca~
campaign." (5) " Nover d anyilln
have ilhad this manuaio da notilees
lire in my possession,a a ntoo
aware of its puhbi(3$.omonts made b3
Such were thSg-November 27, 1891
Capt,. Drcoyh~0 five documents onu
in regard. No borderau.
moratofc{onnection it should be ro.
: d"thiat Maitre Mornard, al
ofearing before the Cor 'o as
nb on June 1, 1899, submitted evi
ngo cited from the record of the
"1894, and from the re
''"nrocoedings
TO KEEP PUSHING,
The New Store.
The New Store has great respect for
that tittle word " Pum,.' its an im
portant, factor in the management of
this business. It finds for us busy
days instead of dull ones. The store
that "looks'' for dull days will surely
flnd them.
This store is alive to the wants 'of
the people. It is also the most agree
a)le, as well its the most economical
to (o businless with.
A Few Brief Specials.
I eas 10--I White Quilts, our price
onlly -19c.
100 ready-Iade Sheets, full size, only
39c.
100 ready-lmde Sheets, 81x90, 65c.
value, 4We.
300 ready-nado Pillow Cases, 42x30
Onlly .5c.
100 ready-made Pillolw Cases, 4 5x34,
only loc.
500 yards 10-- Sheetinig, only lc.
500 yards 40 in. White Lawi, only 5c.
1 1)t Birown Apron Linen, only 10c.
110 yards 39 1n. Sea Island, only 3vc.
To Arrive This Week.
A lot. of Lawms, Organitiesi, etc.. for
our big )e (ounter, wlhci h ai beent a
woIdr this season.
)MAHON AR*JNOLD*
NO. 2rz UPPER MAIN.STRUFT
J. II. IMNoiwAN & BRo.'s OLD STAND.
Agen ts for McCall Bazar Pat terns.
of Cassation, showing that any one of
seme eight hundred officers of the
Fronch army might, had he felt so in
elined, obtained the information con
taMined in the ive documents meationed
in the bordereau. In the first place,
Capt. Dreyfus was an artillery ollicer,
and it was highly improbable that he
could have made such a techni
cal blunder as to refer to the hydro
pneumatic brake of the " 120 court"
a3 the " pneumatic brake," as stated in
the bordoreau. Moreover, it has been
conclusively shown by Maitre Mornard
that As long ago as August, 1894, cir
culars had been issued at Chalons and
elsewhere, for the use of officers dur
Ing the manoeuvres, giving descrip
tIons, with lIthographs of four of the
ive subjects referred to in the border
oau ; and as to the note about the
SMadagascar campaigns it is notorious
that the plans of that campaign were
e discussedi in council at no less than
~four different minIstries--the ministry
of war, marine, colonies and foreign
e affairs-and that over five hundred
ndilferent individuals in Paris were
d fully cognizant of its details.
.The flive vital points enumerated in
g hu burderoau have thus been con
Ssidered at length, because they form'
Ythe ;'ivot upon which tihe judgment of
nthe fort hcoming trial at Rennes de
ponds. They em body all that the
|urofCassation has left standing of
the charges made In 1894 against Capt.
Dreyfus. If the prosecution succeeds
in provin g that Capt. Dreyfus handed
over to a foreign power any one of the
five documents mentioned in the bor
dlereau, Capt. Dreyfue must be con
Sdmned as a traitor and transported
r back again to Deovil's Island. If, on
the cont rary, and this seems now al.
moat a.certainty, the prosecution fail to
establish tbat Capt. Dreyfns delivered
any of the five documents to a foreign
power, he must be acqjuitted.
f A T TilE NonTHm P'o[E.-If the North
I Pole is ever reached, thq adventurous
r spirits who get there a lli find that
fhehae actually e &,6ripped Father
-Time altogether-in. act, hie will have
given up the rae entirely, for at the
o northern and 5et ern extremities of
-the earth's axy there is no fixed time
y at all. At -moment it can be either
, noon or m nwiht, breakfast time or
o supper Twoktime or play time,
d whicl'r r you like. Clocks will be a A
a- frau nud a delusion, for at the ole
is a gee of longitude converge lnto
nadhefoeall times. The poe
a Dlte of such a position are endless.
Not only, too, will the clocks be out of
time, but the calender as well. It can
be at will either yesterday, today or
tomoi'row,
CA STOR IA
For Infants and Children.
The Kind You Hlave Always Bought'
8inturo o
"If at flrst you don't succeed, try again."
It'a the general verdict that the fire a pI- - /
caton of Alligator Liniment, relieve.s
thme paim of rheumatism, neuralgia or any
oher pain. it penetrates rii down t
- the cause ndc remoes ii SoeOn rwoe a