Testimony taken by the board of inspectors of the penitentiary in the District of Columbia, at the penitentiary in Washington.city, on Saturday, the 20th day of July, 1889, in the investigation of certain charges, and specifications of charges, made and preferred by George Topham, of the city of Washington, in the District of Columbia, against Isaac Clarke, warden of the penitentiary, in said city and District; which said investigation is made by the said inspectors, under the directions to them addressed from the State Department, on the 10th day of July, 1889.

The testimony of Matthew Jarboe, late guard of the penitentiary.

This witness, being first duly cautioned and sworn, testifies in the following manner, to wit:

In answer to the first specification of the first charge, he says that he came to the penitentiary, as one of the guard, in or about November, 1834, and remained in that service until the 1st of July, 1838; that, during his continuance in that situation, he has known the warden of the penitentiary, occasionally, to employ some of the convicts without the prison walls, in the cultivation of his garden, or in gathering its products, which were generally used as well for the prisoners as for the family of the warden. He has not known more than one, generally, and perhaps sometimes two, of the convicts to be so employed at the same time; and they were usually selected from those who were in delicate health, or whose term of confinement had nearly elapsed. He has never known the warden to convert the labor of the convicts to his private advantage, by selling any vegetables produced in his garden. The services rendered by the convicts were usually in the season of planting, and oceasionally when the garden of the warden had become very foul, and overrun by weeds. Frequently, when the convicts were so employed without the walls, they were gathering vegetables, such as potatoes, cabbage, carrots, &c., for the use of the prisoners.

In answer to the second specification, he says that, in August, 1835, he was employed, with six convicts in his charge, picking a herb-bed which was cultivated for the use of the prisoners. After having performed that service, he was returning, with the convicts, to have them again enclosed within the prison walls, when they passed through the gate about the stable lot before him, shut it on him, and, as he mounted over the fence about the said stable lot, the said convicts, being armed with brickbats and other missiles, threw them at him, and succeeded, after some time, in knocking him down, when they ran off; they were immediately pursued, and all of them were retaken in a few hours, except one, who was returned to the penitentiary in about eight days. One of the said convicts, who was perhaps the most desperate among them, wrested the pistol from the hands of the witness, and snapped it at him. The warden was very diligent in the pursuit, and recaptured this desperate offender almost immediately, and the other four in the course of that afternoon. In answer to the third specification, he says he knows nothing about the subject herein charged.

In answer to the fourth specification, he says that he has never known any of the convicts to be kept up to shell corn, or render any other service for the warden; that one or two of the convicts are always neces

sarily employed as servants for the officers, to make up their beds, to trim the lamps, &c.; and he has sometimes known them to shell a little corn within the walls of the prison, which has been used as feed for the horse belonging to the institution.

In answer to the fifth specification, the witness says he knows nothing.

CHARGE 2.

Specification 1. The witness answering says that the offer of fifty dollars, made by him as a reward for the apprehension of the convict here alluded to, was entirely voluntary, and without the knowledge of the warden; that he went in person to the printer, and instructed him, of his accord, to advertise the reward of fifty dollars, in addition to such as might be offered by the warden, for the recovery of the convict, who was eight days absent from the prison.

In answer to the second specification, he says that he has never witnessed, in the conduct of the warden, towards the prisoners, or the subordinate officers of the penitentiary, any act of an overbearing, tyrannical, and oppressive character; he has not before heard any such charge, and, from his own experience and observation, he is constrained to say he cannot believe it.

CHARGE 3.

Specifications 1 and 2. In regard to this charge and these specifications, this witness knows nothing.

Question. What has been the general character and conduct of Isaac Clarke, in the management of the penitentiary, and in the treatment of the convicts, during the time of your connexion with that institution?

Answer. I do not believe that any man can be found who could be more careful, diligent, and attentive to the duties of his station as warden. His conduct and management have been such as to preserve the public property, to maintain his own proper authority, to enforce the necessary discipline, and to promote the objects of the institution.

Further this witness saith not.

MATTHEW JARBOE.

The testimony of John A. Young, principal keeper at the penitentiary, he being first duly cautioned and sworn to testify.

CHARGE 1.

In answer to the first specification, witness says he has been connected with this penitentiary since September, 1831, and has always been employed as the principal keeper during his service here. He says it has been sometimes the habit of the warden to allow a few of the convicts to be employed in his garden; and he knows that the Hon. James Dunlop, a former president of the board of inspectors, advised that course, from a conviction that it would tend to promote the health of the convicts, and be a reasonable indulgence to such as should conduct themselves in a correct and obedient manner. The service thus performed by the convicts was

not rendered for the exclusive benefit and advantage of the warden, but the convicts themselves derived much advantage from it in the fresh vegetables, such as potatoes, onions, carrots, cabbage, and lettuce, which were furnished from the garden of the warden to the convicts within the walls of the prison. A similar indulgence was extended to the convicts by the predecessor of the warden; and, during a connexion of nearly twelve years in the Maryland penitentiary in Baltimore, witness knows that this privilege was always granted to the warden.

In answer to the second specification, witness says he cannot state the details in regard to the escape of the prisoners here alluded to; he knows they did escape from one of the guard, and all of them were recovered in a few hours, except one, who was recaptured in about a week. From the voluntary declarations of the guard,(Mr. Jarboe,) made to the officers of the penitentiary at the time of the transaction, witness knows that the escape of the prisoners at that time was the consequence of a want of energy, and of the unsuspecting character of the guard; he does not believe they could have escaped from any other officer in the penitentiary.

To the third specification, witness answering says he knows nothing; this is the first time he has ever heard such an insinuation.

In answer to the fourth specification, witness says that no such practice as is here charged has ever prevailed in the penitentiary. The warden never gave any order for such service; and whenever any of the convicts have been employed in shelling corn, it has been done merely as a matter of recreation to those of the convicts who were kept up, perhaps till seven o'clock in a winter's evening, to aid in guarding one of their fellow convicts, who was subject to violent fits, rendering it often necessary to have him brought from his cell at twelve o'clock or one o'clock at night; and the convict who was necessarily employed in making the beds of the officers, and in trimming the lamps, &c., was sometimes employed with the convicts attending the afflicted man, whilst they guarded as above stated. Witness has reason to believe that the corn so shelled was used as free for the horse belonging to the institution; the quantity made by the warden was very inconsiderable, and he has never known any purchased by him and shelled at the penitentiary, neither without nor within the walls. None of the convicts have ever been, with my knowledge, kept up to take the carriage of the warden on his return home at night: that officer is not in the habit of being out at night or away from the penitentiary, except when he occasionally attends the city councils, of which he is a member. Witness is always at or near his post, and is very intimately acquainted with all that occurs in regard to this institution.

In answer to the fifth specification, he says that some ice was sold by the warden to Mr. Todd in the city, and was delivered under the superintendence of this witness. When the warden received pay for the ice, be directed witness to credit the purchaser on the same book in which. such entries were usually made. That book was always open to the inspection of the clerk of the board of inspectors, to aid him in making up his accounts for the inspection of the board; and, under a regulation of the board, it is made the duty of their clerk to call for it.

Specification 1. In answer to this specification first, witness says when the prisoners escaped, as is herein above stated, from Mr. Jarboe, one of the former guards, he heard that officer then declare that he had, of his own accord, offered a reward of fifty dollars, in addition to that offered by the warden, for the apprehension of that outlying convict; and he therefore knows that such act was not done by the coercion, or under the intimidation, of the warden.

In answer to the second specification, witness says he has been connected with this penitentiary for nearly eight years, and, speaking from his own experience and constant observation, he says this charge is most unjust; instead of being overbearing, tyrannical, and oppressive, either to the subordinate officers or the convicts, witness believes the warden is rather inclined to err by being too lenient. He desires the proper discipline of the institution to be preserved, and does what is necessary to maintain his authority; he treats every officer of the institution with as much respect as he can, consistently with his duty to the public, and the convicts receive from him all the attention and kindness he can with propriety extend to them; and, especially in cases of sickness, the warden affords every relief to the sufferers, and treats them as kindly as if they were members of his own family. The warden requires and expects every officer to do his duty: those who do so have no cause to complain of him; they who do not, feel aggrieved by his exactions.

CHARGE 3.

Specifications 1 and 2. In answer to these specifications, the witness says that, about the time of his first connexion with this establishment, parts of the original buildings were taken down, for the purpose of extending and enlarging the accommodations for such an institution, and the window frames and blinds which had been used in the original buildings were thrown out on the grounds, in a neglected and shattered condition, where they were permitted to remain for a very long time. Mr. Williams was then the warden of the penitentiary. After a considerable time had elapsed, witness had the said frames, in their broken state, thrown into the cellar of the eastern building, where they remained for some five or six years, covered with mould, and became much injured and decayed. The sashes, with the glass in them, were preserved and used in the shoeshop and the wash-house, now in use at the penitentiary. The frames, and other parts of the old buildings, were of so little value, in the estimation of witness, that he would much rather have had two or three cords of fire wood. When the work-shops, formerly erected for the necessary operations here, were taken down, the work-benches, which were regarded as of any value, were removed by order, and under the superintendence, of this witness, to the work-shop now in use here, where they still remain in the public service. Those which were removed by Thomas Carbery were not of any value; and witness believes, if the old frames and benches had not been taken by him, they would long since have been burned up, as being unfit for use, and not worth preserving. He does not know what price the said Thomas Carbery paid for those things, but he says, with confidence, that, whenever Thomas Carbery has, since

that time, bought any thing from the penitentiary (which he has sometimes done) he has paid a full price for the same, and as much as he would have been required to pay elsewhere for the same articles.

Further this witness saith not.

JOHN A. YOUNG.

John A. Young cross-examined by Isaac Clarke, warden, &c. Interrogatory 1, by Isaac Clarke. "Do you know, or do you not know, that Mr. Wheatly, the clerk of the penitentiary, entertains a great malignity of feeling towards me; and that he has been, for some time past, try. ing to infuse this feeling into the subordinate officers, with the intent to prejudice them against me?"

Answer. For some years past, say for five or six years, feelings of hostility have been entertained by Mr. Wheatly towards Mr. Clarke. For the last two or three years, I do not know such feelings have been entertained, for I have had no such intercourse with Mr. Wheatly as to enable me to judge of his disposition towards the warden; for, during that latter period, I have endeavored to attend to the business belonging to my proper department, and Mr. Wheatly has had his own duties to perform as clerk of the penitentiary.

Interrogatory 2, by the same. "Are you acquainted with Mr. Provost, and do you know what is his occupation or pursuit ?"

Answer. When I first came here, I found Mr. Provost employed as a stone cutter or mason at the penitentiary of his present occupation or pursuit I know nothing, except by report.

Interrogatory 3, by the same. "Have you lately seen Mr. Provost, and have you had any conversation with him affecting the warden of the penitentiary? If so, please state what it was."

Answer. About three or four weeks ago I met Mr. Provost on the Pennsylvania avenue, when he asked me how we came on at the penitentiary? If the little man was not trembling? To which I replied, we come on very well; I heard no cause of complaint; that that tale had become stale; that the little man had no cause for trembling. I, in turn, then, asked him if he knew of any thing now going on against him; that I considered the charges hitherto made as stale, and not calculated to disturb him; when be answered, "you will hear something before long." We then parted.

Interrogatory 1, by George Topham. "Have you any knowledge of my being in any manner connected with Mr. Provost in regard to the charges, &c., now ander investigation, against Mr. Clarke ?"

Answer. I know nothing of Mr Topham; I have never seen him before, nor spoken to him, to my certain knowledge.

Interrogatory 2, by the same. "Have you had any conversation with Mr. Clarke, or any other persons, upon the subject matter of the charges preferred against him?"

Answer. I have had no conversation in particular with Mr. Clarke; he only told me that some charges had been made against him, but did not go into any details. The subject of these charges has been for some days a matter of public conversation; that is, I mean since this investigation was commenced.

Further this deponent saith not.

JOHN A. YOUNG.