among the officers that the child of which she was pregnant was destroyed by some improper means, and, as he understood from the rest of the officers, was buried by the side of the wall within the yard of the female department; he does not know that any examination into the truth or falsity of this rumor was ever made by the warden, nor does he know that the warden knew any thing about the matter herein charged. The information in regard to this charge was derived from Betsy Grant, now Betsy Marshall, who was then a convict in the penitentiary.

In answer to the sixth charge, witness says he has seen corn, tomatoes, celery, &c., which were cultivated by the convicts within the public grounds attached to the penitentiary, brought out, and, as he believes, used in the warden's family; he does not know that they have been fed to the cows, or other stock of the warden, except the fodder taken from the little patches of corn, and the pairings of turnips, &c.; does not know that the convicts were stinted, for, if all that was cultivated in these grounds had been given to them, it would have gone but a little way in supplying them.

In answer to the seventh charge, witness knows nothing.

In answer to the eighth charge, witness says he was not present when any wound was inflicted on any of the convicts in the penitentiary. He Saw a man by the name of Brown (a convict) with cuts on the arm and side, said to have been inflicted by Pierce Spratt, then one of the keepers, with a sword, or some other sharp instrument or weapon; Brown appeared to suffer much from the said wounds. That punishment was said to have been inflicted on him because he refused to submit to be cobbed or punished in some other way. Has not considered the warden cruel or severe; the witness did not hear of any reproof or censure having been given by the warden to the subordinate officer or officers who inflicted these wounds on the convict; warden was in or about the prison at the time the wounds were given. Witness was then, and still is, one of the guards of the penitentiary.

In answer to the ninth charge, witness says there was a small bedstead made in the prison, which he understood was for the warden; it was brought out from the prision walls and set in the dining room, but when it was taken away, or by whom, witness does not know. Two coarse tubs, to hold lemon or other plants or shrubs, for the warden, were made in the carpenter's shop of the penitentiary, also a small washing tub, made in the same shop, for the use of the warden; he remembers, also, that a small windsor chair was made in the prison for a child of the warden; a mahogany box, about eighteen inches long, seven or eight inches deep, and about the same width, was about being made in the prison by Nash, one of the convicts, which, it was thought, Nash intended for his own use; when about half finished, it was discovered that the said convict had done such work without the knowledge or permission of the warden; the box was afterwards completed, and removed from the work-shop, but by whom witness does not know; it was said among the officers that the warden had appropriated it to his own use.

Question by the warden. Do you know that two boxes were taken out of the prison by some of the officers of the penitentiary, and, after having been carried away, were brought back by my order?

Answer. Witness does remember that two boxes were made by two of the convicts within the prison walls, and that they were carried away, but

how they were taken out, by whom, or at what time, he does not know; they were afterwards brought back by the warden's order, and kept until the discharge of the convicts who made them, and he believes were then carried away by those convicts; he understood those boxes were made by the prisoners with the consent of the warden, and between the hours appointed for their regular labor.

Question by same. Did you not understand that the beadstead hereinbefore spoken of was intended, with the authorty of the board of inspectors, to be subsituted for a cot of the warden, which had been destroyed by Whorley, a convict, who had died of the venereal disease?

Answer. Witness has no such recollection; he never saw a cot used as you suggest; Whorley died on the floor.

Further this witness saith not.

WILFRED VAN RESWICK.

The testimony of Mason Piggott, one of the guard at the penitentiary, taken on Thursday, 26th September, 1839, on the investigation of charges preferred against Isaac Clarke, warden, &c., by Lewis Ratcliff.

Witness, being first duly sworn, deposes and says, in answer to the first charge, that he saw a check for five hundred dollars, drawn on the Bank of the Metropolis, in favor of Thomas Carbery, lying on the desk in the room of the clerk of the penitentiary; the period at which witness saw this check was in 1836, but at what particular time in that year he cannot say. Witness does not think the check was then signed; he asked William Wheatly, clerk of the penitentiary, what that check was for, when he (the clerk) said the warden told him it was for a loan to Captain Carbery.

Witness thought that money ($500) was to be paid by the warden, or loaned by him to Captain Carbery, in anticipation of an appropriation by Congress, for which he knew that a petition had been presented at a previous session; the object of that petition being to obtain from Congress an appropriation to pay him, Captain Carbery, for two years' services as inspector of the penitentiary, when no salary was attached to that office. Witness does not know that that check was drawn on the public money, but presumes it was, from the fact that it was drawn by the clerk in the same way in which the checks for salary of witness and all the other officers of the penitentiary were drawn; he has never heard that the warden was a defaulter, or failed to account for any public money; witness knows nothing about the return of this money.

In answer to the second charge, witness says he knows nothing about the check in favor of James Dunlop; he did not see it.

In answer to the third charge, witness says he delivered to a cartman, for Thomas Carbery, three cart loads of ice, in 1838, supposed to contain ten bushels each. The witness is one of the guard at the penitentiary, and delivered this ice in obedience to the warden's command.

In answer to the fourth charge, witness says that Nancy Ashton was not in the penitentiary when he came here; the charge of such criminal intercourse between her and Mr. Young, one of the keepers, was the subject of frequent conversation among the officers after witness came here;

he knows of no inquiry having been made by the warden into the truth or falsehood of the rumors. Mr. Young, the said keeper, had the custody of the female convicts at that time, and has been ever since, and still is, in charge of that department of the penitentiary. Witness does not know that the warden was aware of these reports, but they were the subject of frequent conversations among the officers; witness had heard such a rumor from Mr. Harbaugh, in the city, and he was, therefore, induced to inquire of the officers if such reports existed in the penitentiary.

In answer to the fifth charge, witness says that the charge here contained was freely circulated and generally credited among the officers of the penitentiary; that he does not know whether the warden did, or did not, institute any inquiry into the truth or falsity of such report; he was then and has continued one of the guard at the penitentiary ever since the prevalence of that report, in 1836; witness was absent from duty, from sickness, for three weeks, and at his regular return on Sundays; witness does not know that these reports were known to the warden; they were spoken of freely among the officers generally; and he has never heard of any inquiry into their truth or falsehood by the warden.

In answer to the sixth charge, witness says he does not know that the convicts have been stinted; thinks they are generally supplied with vegetables, such as potatoes, &c. ; he has received vegetables at the gate separating the prison from the warden's private premises, such as corn, tomatoes, beets, radishes, cucumbers, celery, raised within the walls by the labor of the convicts, and carried them to the warden's kitchen; witness had no special order for this, but such vegetables have been handed to witness. through the gate by the prisoners, who told him they were for Mr. Clarke; he has heard prisoners complain that these things have been thus taken from them.

Question by the warden. Were not the seed and plants of these vegetables furnished by the warden?

Answer. Witness has known cabbage plants and beet plants to be so furnished.

In answer to the seventh charge, witness says he has delivered milk, received by him from the warden's servants, to the keeper of the prison, who had charge of the rations; he thinks the milk so received had been skimmed; he has called on the servant of the warden from whom the milk has been received to furnish it, and she has answered that she could not let him have it till Mrs. Clarke had come down to have it skimmed; it has Sometimes occurred that, when milk was applied for, the warden's cows had not come up to be milked.

In answer to the eighth charge, witness says he saw Addison Brown stabbed through one of his arms and into his side by P. Spratt, then one of the keepers in the penitentiary. The warden had ordered said Brown to be cobbed, and the convict refused to submit to it, because he did not regard it as a punishment prescribed by any law for the government of the penitentiary. He did not see Brown make any resistance, until it was attempted to enforce the order for cobbing him. The warden was not far off when the convict was thus wounded with a sword, and as he fell, after he was wounded, the warden came up.

When Brown refused to submit to the cobbing, because it was illegal, witness saw Jno. A. Young, one of the keepers, strike the said convict Ter the head two blows with the cobbing-board, a piece of oak plank

about an inch thick; said blows were so heavy as to cause blood to flow from the head or face of the said convict; there were officers enough then present to have managed the convict without a resort to violence.

Question by warden. Did you not hear the warden reprimand Spratt for having used the sword?

Answer. Witness did not hear any such reprimand; he heard the warden tell Brown to be silent, to cease with his noise, and he would have his wounds dressed.

In answer to the ninth charge, witness says that a mahogany box, made by Nash, one of the convicts, was brought out of the prison by Mr. Young,. one of the keepers, and was carried up stairs in the warden's house; he saw a cooper in the work-shop putting a bottom into a small wooden bucket. for the warden's or his family's use.

Witness said, in answer to warden's inquiry, that Young, the keeper, told him that Nash, the convict, said that when he had completed that box he intended it as a present for the warden's daughter. Further this witess saith not.

MASON PIGGOTT.

The testimony of George B. Smith, one of the guard at the penitentiary, taken by the Board of Inspectors, on the 26th of September, 1839, in the investigation of charges preferred by Lewis Ratcliff against Isaac Clarke, warden of the penitentiary.

Being first duly sworn, says: In answer to the first charge, witness sa s that he knows nothing personally; the clerk of the penitentiary told witness that such a check had been drawn in favor of Captain Carbery, but he never saw it; he received also the same information in regard to a similar check in favor of James Dunlop, as is charged in the second count. Witness has heard the same thing spoken of, in regard to those checks, among the other officers at the penitentiary.

To the third charge: Witness knows of two or three cart loads of ice, which he delivered to cartmen for Captain Carbery; on some of these occasions, the warden directed witness to send the ice; and once, when the warden was absent, Jno. A. Young, one of the keepers, gave him the order to do so; as to the charges against Captain Carbery for the ice, or the payment by him for it, witness knows nothing.

In answer to the fourth charge, witness says Nancy Ashton had been discharged before he came here, and that he knows nothing personally about it; he has heard it spoken of among the officers generally since he came here; does not know that the warden was aware of the existence of any such reports; knows of no inquiry having been made by the warden into the truth or falsity of them. Mr. Young, the keeper here mentioned, had the custody of the female convicts, in August, 1833, when this witness came here, and has been, and still is, in charge of that department.

In answer to the fifth charge, witness says that the idea prevailed here among the officers that Harriet Smith, a female convict in the penitentiary, was pregnant. By the conversations which took place among the said officers, witness was induced to look more attentively at Harriet, and, although he does not pretend to be much versed in such matters, his mind

was satisfied that such was her true situation, and he so expressed himself to Mr. Bradley, one of the keepers, and perhaps to other officers of this institution. Witness does not know that the warden ever caused an inquiry to be made into the truth or falsity of the report in regard to this woman; nor does he know that the warden knew of its existence. Of the supposed death and interment of the child, of which she was believed to be pregnant, witness knew nothing-some rumors were, that the child was buried in the yard of the prison; and one of the conviets told witness that he had carried the child to the privy well in a bucket; that convict was a negro, called Charles; if witness had considered such report, in regard to the burial of the child, as true, he would have named it to the warden.

In answer to the sixth charge, witness says that there is about one-tenth of an acre cultivated within the public grounds, from which he has seen some vegetables taken and brought out to the warden's premises; there was, for one year, a larger piece of ground cultivated within, from which turnips were taken, and furnished to the convicts; He has seen corn,. (roasting ears,) tomatoes, and beets, sometimes brought out for the warden's use; but he thinks the vegetables grown within those grounds, and cultivated by the convicts, have been pretty equally distributed between the warden and those convicts who have cultivated them; he has heard Owens, a convict, complain that his vegetables were thus taken for the warden; and, in the past summer, when Owens complained to the keeper, Young, he asked the warden if Owens could have a mess, which the warden directed to be given him. Witness thinks the seeds and plants were furnished by the warden.

In answer to the seventh charge, witness says that he has passed in from the warden's kitchen milk for the use of the prisoners; but by whom charged, or how paid for, he does not know. He has asked for milk, when the warden's servant has told him it could not be furnished till Mrs.. Clarke came down.

In answer to the eighth charge, witness says he knows nothing personally; Brown (the convict alluded to) told witness he had been wounded, but witness never saw it; it was also a subject of conversation among the officers; Mr. Ratcliff mentioned it to the witness.

In answer to the ninth charge, witness says he knows that pigeon-boxesand two or three bee-hives were made in the penitentiary for the warden's use, as he informed the witness; other things have been made there, which were said to be for his (warden's) use, but witness cannot testify as to them, except as to a bedstead which Mr. Young, keeper, told witness was for Mr. Clarke, warden.

Further this witness saith not.

GEO. B. SMITH.

The testimony of Richard Butt, taken this 26th September, 1839, in the investigation of charges preferred by Lewis Ratcliff against Isaac Clarke, warden of the penitentiary.

This witness, being first duly sworn, answering, says he is the intendant of the Washington Asylum, which situation he has occupied since 1st November, 1832; that, on the 22d day of November, 1832, a woman,