Imágenes de páginas

ell, Morrison, Moffett, Neville, Newton, Nulton, Oakwood, Oleson, Orendorff, Plowman, Pollock, Pyatt, Quinn, Race, Ray, Rice, Savage, Scanlan, Scott, Senne, Shumway, Smith, Snow, Soule, Stewart of Winnebago, Stewart of McLean, Streator, Strond, Taggart. Thomas, Thornton, Truitt. Warner, Washburn, Wayman, Westfall, Wood, Wymore, Mr. Speaker-89

Those voting in the negative are,
Messrs. Anderson, Ballow, Bradwell, Bullard Collins, Cullerton, Dement, Dunham, Golden, Grey,
Hay. Henry. Hite of St. Clair, Hildrup, Hoiles, Inscore, Jessup, Lane of Hancock, Lane of De Witt,
Lomax, Marsh, McPherran, Moore of Adams, Moose, Mulvane, Peltzer, Rountree, Shaw, Sheridan,
Sherman, Starr, Walker, Webber, Webster—34.

So the resolution was adopted. .
The Speaker laid before the House the following communication :


· SPRINGFIELD, January 15, 1874. To the Honorable the House of Representatives :

In compliance with a resolution of the House of Representatives, passed January 8, 1874, I transmit herewith a copy of the proceedings and evidence of the coroner's inquest in the case of the death of the convict Henry Williams.


Governor. STATE OF ILLINOIS, Will County, ss.

At a coroner's inqnest, held at Joliet, in the town of Joliet, in the county of Will, and State of Illinois, commencing on Friday, the 26th day of December, in the year of our Lord one thousand eight hundred and seventy-three, on the body of Henry Williams, an ex-convict, deceased :

Present-Charles Richards, coroner; S. W. Munn, foreman ; Hopkins Rowell, Henry Harwood, J. M. Browne, E. H. Weeb, S. 0. Simonds, Osmond Fox, Wm. R. Speers, M. H. Flack, Andrew Dillmau, A. A. Osgood, R. F. Barber.

Be it remembered : That at an inquisition made by the undersigned, Charles Richards, coroner of said county, at Joliet, in said county, commencing on the 26th day of December, A. D. 1873, upon the body of Henry Williams, an ex-convict, by a jury sworn, according to law, to inquire how the said body came to his death, the witnesses then and there sworn testified as follows, to-wit:

DR. R. J. CURTISS. Dr. R. J. Curtiss, being duly sworn, said: Reside in Joliet, Will county, about three months; I am a physician; practiced ten years: saw a dead body in Dr. Richards' otlice last night supposed to be Henry Williams; don't know from my own knowledge who it was; the body had been subjected to a post mortem examination previous, according to the appearance of it; the chest was open and the heart had been removed (the scalp had also been partly removed). We commenced the examination by removing the brain; the brain was healthy, with the excention of the blood vessels being iniected with blood, also the blood vessels of the membrane of the brain were injected with blood. "We then examined the other organs of the body--the lungs, liver, kidneys, spleen, which all presented healthy appearances. People dying of brain disease have blood in the brain. The blood in the brain was con jostion. From the organs that I have enumerated, tbere was no evidence of disease that would produce death. The heart was not in the body when the post mortem was made. I saw the heart: it was in Dr. Richards' office, in a good state of preservation, put up in alcohol (heart exposed to jury). This heart is covered with an unusual amonnt of fat; it is not the disease called "fatty degeneration," but it is a "fatty deposit." When I first saw the heart it had these two openings; these openings were made with a knife. the doctors told me, to give the muscular tissue for microscopic examination. There is also an opening about three inches in length on the external surface of the heart, situated between the ventricles; the upper thiril of this opening was made with a knife, so I was informed: the lower third has all the appearance of having been made with a knife; the middle tbird of this opening, I can't say whether it was made with a knife, or it was an ante-mortem rupture; it connects with the right ventral; there is also a connection between the lower third of this opening and the left ventricle, and has the appearance of being made with a knife; the walls of the right ventricle are thinner than 19 usual. I think this fatty deposit constitutes a disease of the heart, also of the upna. tural "thinness of the walls of the right ventriele. There is no evidence of disease of the valves. The predisposing cause of the rupture was the fatty deposit; the immediate cause might have been any excitement, over-exertion or shock to the system. The heart, as now found, woult impair the health to a greater or less extent. I think gentlemen of my profession could have told, by examination, what was the cause of ill health. I mean to say, that if the party had complained in his life-time. that an examination by a physician could have told this to have been the cause of his disease. I don't know who made the punotures, of my own knowledge. I think a party laboring under this disease

would be disabled for hard labor. If a person has a disease as well marked as this, he wonld eventually dio of it, unless somo acute discase set in. I do not know that this heart belongs to the body of Henry Williams, deceased; this heart was given to the coroners by Drs. Mason and Miller in my presence; those physicians said it was the heart belonging to the body of Henry Williams. All hearts do not have as much fat around them as this; this is a diseased heart; they sometimes live to an old Age with such a heart as this ; this rather indicates a good digestion. All the organs of the body were surrounded with fat-an unusual amount of fat. I don't know whether this heart was ruptured or not. I could not say anything about this man coming to his death by violence ; it might have been for all I know about the cause of the death, except from an examination of the organs; the man was healthy except the brain : if that opening is a rupture, excitement caused his death; it was never done in a healthy heart. I think the disease of this heart could have been detected by a careful examination in the man's life-time. I might not have detected the thinness of the wall of the ventricle in his life time; with this heart a man would not be healthy; he would become exhaused very quick, and would be unable to do hard labor. If the walls were of proper thickness, I don't think violent exercise would produce death. I think a heart in this condition would indispose a man to exert himself; the congestion of the brain I think could have been produced by struggling or excitement, or both combined. I don't think there was brain congestion enongh to cause death, but it might have been one of the elements : there was no indication in the brain that it was congestion of long standing. With such a rupture as I have spoken of, a man would live a few moments; if there was coaglum of the heart he might have lived longer; thero was no coaglum. 1 his disease of the heart is a disease of long standing.

DR. J. R. CASEY Dr. J. R. Casey, sworn and says: Name, John R. Casey; lived in Joliet fifteen or sixteen years; am a physician, have practiced seventeen years; was present in Dr. Richards' office at a post mortem ex. amination on the body said to be Henry Williams. The first part of the body we examined was the brain; there found congestion of the brain : we found the lungs healthy; the kidneys were healthy ; we found an immense amount of fat covering the intestines. There was a layer of fat over the kid. neys, similar to that over the heart. And lastly we examined the heart. The coroner told me it was the heart of the man; we found it with a layer of fat; the upper third was evidently cut with a knife. and the lower third also cut: in the middle was a rupture, it had evidently been extended with a knife -made larger. I examined this rupture more than any other part; the heart was not healthy, there was a fatty substance that in excitement would produce trouble with the functions of the heart : he must come to his death by disease of the heart; there was congestion of the brain, but not enongh to cause death; tbe condition of the heart would be inclined to make him lazy, he would avoid active exercise. On examination, I think a physician could have told what his trouble was in life; any shock or violent exercise with a heart of this kind would be likely to produce serious results. I don't think a rupture of the heart would necessarily congest the brain if a shock or violent exercise in life-time; with a heart of this kind, it might produce rupture; I found nothing outside the heart that would produce death. Whether he received a shock or not I don't know; a heart of this kind would be apt to be deceptive; a physician would not be apt to discover this, except on a thorongh examination of the patient; it would not be neglect in me, on ordering a bath, if I knew nothing about the heart; if the physician did not know he had disense of the heart, it would not be neglect, but if he did, it would. It is the duty of a physician to know the condition of a man before he orders such a shock : by an examination, a physician could, to a certain extent, tell his condit facts were known, it would have been gross negligence to have ordered him to receive such a shock. When I was doctor of the prison, the shower bath was used; was prison doctor from 1858 to 1868. When a man complained, I did not examine his heart unless the patient drew my attention to it, or unless there was symptoms; a careful and prudent physician might have ordered this bath without neg. lect on his part. While I was prison physician, and a convict was ordered a bath, I would not have examined his heart without my attention was called to it; I would not consider myself culpable in not examining him before I ordered a bath: looking at this heart bere, a shower bath, when I was physician, on a man with a heart like this, might produce death.

DR. B. C. MILLER. Dr. B. C. Miller, sworn and says: Name, Ben. C. Miller: reside in Chicago; am a physician and sur. geon, have practiced medicine since 1867. I have not made a post mortem of the body of Henry Williams (Miller offers an affidavit of E. Powell, M. D.); this is the identical heart he handed to me; never saw Williams in his life-time: am not connected with the prison. When the heart was shown to me we were at an opening of an inch or an inch and three-quarters, and a cut in the apex; the right side of the heart has more than a usual amount of fat; have not examined it with a microscope, it looks like fatty degeneration; that condition would tend to weaken the muscular power of the heart. I did not find any marks going to show a rupture of the heart; when I first examined the heart. I did not know whose it was, and I pronounced it a cut (the doctor explains to the jury); my opinion is that the whole of it is a cut; I see nothing in it that looks like a rupture: I think out of something like one thousard post mortems, I have not examined more than from four to six ruptures; in any one of these, the rupture was not found where it was said to be in this : in my opinion, I do not believe this heartwas ruptured; unless I had seen all parts of the body I would not be in a condition to state whether the man died with heart disease or not. I do not think a heart in this condition would indicate anything, in my opinion; in pronouncing this not a rupture, I did not know whose heart it was, I made a careful and critical examination and pronounced it a cut. When I examinod this heart I did not come to the conclusion that it was a diseased heart; a man with a heart like this might do violent exercise or labor : a man with a heart like this might endure a severe cold water bath, it would depend on the nervous system; I have not been Dr. Mason's adviser since he has been prison physician ; told Dr. Mason and Nr. Southworth that the heart was not ruptured.

DR. C. H. BACON. Dr. C. H. Bacon, sworn, and says: Reside at Lockport, in this county; am a physician and surgeon ; practiced fifteen years; know nothing of the death of Henry Williams: have examined the heart : it is a slightly diseased heart; there is an excess or an accumulation of fat on its external walls. I find the muscnlar structures somewhat thinner than usual. It seems to me that it is not thin enough to account for a rupture and yet it is possible that a rupture might have occurred; in case of a rupture in ruptures in the right ventricle, it occurs in the apex, thus opening it in the middle. I should hook] for a rupture whenever I found it. Ruptures do not always occur in the same place : can't say whether the hole was made with a knife or not. I contend it would be impossible for mo to tell with tho naked eye a person suffering with a disease of this kind. The action would be irregular; and if it is true that the muscular part is affected, there would be fainture on exertion, inability to work, want of breath and inability to do anything he was set at; it would be the duty of a physician to examine the patient; be could tell what the trouble was. A shock would produce an undue amount of blood in the heart and might produce rupture. A cold bath has a tendency to produce rush of blood to the heart. Have been prison doctor five years and fifteen days. During that time punishment was occasionally given; these cases were not always examined by the physician. I have been called upon occasionally before they were ducked to examine them. It was not the order to examine them during my service. It was not my duty to order punishment. The physician has no authority to order any punishment. While I was here the Board of Commissioners made the laws and rules in respect to discipline. The Warden, deputy and his assistant carried their rules into effect: those rules were reduced to writing, I believe. The physician was not one of those examining officers. I do not know how the discipline of the prison is carried on now. Captain Hall was a deputy Warden the last few months I was here. Captain Hall has carried out my recommendations in cases of feigned insanity by plunging them in the water. So far as I have been able to judge, and I have always been present when I ordered men ducked, he always carried out my instructions to the let ter. I never bad any instructions about being present. (Dr. Miller presents a written statement from Dr. J. W. Sanforth, which the jury receives.) My official relation with the prison ceased on the 15th July, 1873. Dr Mason was appointed some time in June. I stayed here by request of General Bane, after another was appointed. He did not assist me. He stood there and looked on while I examined the sick. He was present when I was appointed. I took Dr. Casey's place: he left here on the last of June, and I took charge on the 1st of July. The reason General Bane wanted me to stay was that Dr. Mason had been practicing dentistry for about twelve years, and that he required some time to post himself up, and that he (General B.) would esteem it a personal favor if I would remain some two or three months with him and that I would be paid for it. Don't think any of the rest of the commissioners were present at this time. Then Dr. Canisius was present when I consented to remain till the 15th of July; received pay from the 1st to the 15th of July. I would consider it criminal negligence to order a cold water bath and not be present and see the order executed, inst as I would if I should cut off a leg and then not attend to it. The reason why that I considered it my duty to be present was that I considered my reputation was at stake. I have ordered a cold bath for other diseases except insanity-in cases of masturbation. I mean to be understood that I never ordered a bath except in the way of treatment. When I have ordered cold baths the bath tub was filled about two-thirds full of water: bath tub six feet long, two feet four inches wide, twenty inches deep. The man was stripped and plunged into it and taken out quick. I never used any cold running water. There are two fancets at the foot of the tub. They might turn on the waters; it would fall one or one and a half feet; come with great force. The reservoir is perhaps 15 feet up-2 or 3 inch pipe. At the baths I was present at, I discovered no immediate effect; plunged in face up. No man I ever gave a bath to was strangled; saw one man strangled : think it was last winter; was going past bath house. Met John Reid and Major Edwards, and there was a conviet come out and called to me to come quick, there was a man drowning. I ran into the bath house, and found a man laving across the table, with his head and arms hanging across the table; Mr. Sleeper was present, and said he guessed the man was drowned. I used Dr. Hall's remedy and brought him to. and then put him in the hospital, and in a few days he was all right: don't know by whose order he was bathed. Strangulation, rupture of some of the small vessels of the brain, congestion of the lungs, a blue and mottled appearance, venus clots of blood in the right ventricle, that is in case of diseased heart, but not in a healthy heart. It is a pretty hard matter for me to form an opinion from hearnas I don't propose to do it; had I been present at the post mortem I could have answered your question: the taking out the heart might have let the water out of the lungs; under my recommendations Capt. Hal used good judgment in administering the baths; he was a humane man and a good officer: don't as a physician consider it dangerous to take a cold bath where the man is healthy; but never ordered a bath without examining them for beart disease.

THOMAS BENTON DAVIS. Thomas Benton Davis sworn, and says: Employment has been a carpenter; now in the rolling mills: I took a body from the penitentiary grave yard; I and a couple others were sent up here by Mr. Richards to get a body; we took up a body and took it to Dr. Richards' office; I was present in the office; the bead-board had the name of Williams on it; it told when he died-it was the 12th of De cember; I took the body back and buried it in the same grave.

GEORGE LANG. George Lang: Am a guard at this institution ; know H. Williams, a convict: it was on the 12th of December he died; saw him after he died; showed three young men his grave; saw them when they took it away; did not see them bring it back; don't know how he came to his death.

CAPT. J. P. HALL. Capt. J. P. Hall: Am an officer of the penitentiary; am deputy warden, and have held that position since about the 1st of June, 1873 : had been here prior as assistaut deputy in the neighborhood of two years and three months; my duties are the immediate charge of the discipline of the prison : receive orders from the warden ; report to the warden; the warden is my immediate superior; the warden is the executive: the board of commissioners make the orders: take my orders from the warden: remember the circunustances of Williams losing his life; was not present when he died; was present when he was in there alivo: we were administering a cold water bath on the 12th of December to Henry Williams, by order of the prison p hysician, Dr. Mason; the cold water bath consists of this: we take two or three convicts, and cause the prisoner to undress himself, and be immersed in an ordinary buth-tub two-thirds full of water drawn from the artesian well, there were three or four men took hold of him: I can swear that there were three that took hold of him and immersed him in the water, and I think his head was under water at one time five or six seconds, at the same time Williams resisting with all his might; a part of the time his head was out of the water; we aimed to put him on his back, but he was not on his back all the time : he struggled, he resisted more than men or linarily do; after the five or six seconds we took him out of the bath-tub, and sit him on the edge of the bath-tub; he seemed still stubborn, or in other words, he had a defiant look; he said nothing, be breathed hard like a man who had been over-exerting himself; I then ordered him immersed again, just in and out; I saw then that perhaps something was the matter with him; I felt his pulse, it seemed very weak; I immediately sent for the hospital steward, Dr. Baird, knowing that Dr. Mason was ab. sent; I think he leaned to one side, as if he wanted to lay down; he was on the edge of the tub, his feet out of the water; at the same time I ordered the convicts who were assisting in the work to their

places of work, at the cast cell house; I called for Mr. Sleeper, assistant deputy warden, and laid the prisoner on the table on his side in the bath-room, and started myself for the hospital steward, and when we returned to the bath-room Williams was dead: did not rub him down at all; this all happened in four or five minutes: I don't think he spoke at all from the time I first saw him: I think he was immersed twice before I saw him; I ordered him put in the third and fourth time; I supposed he had been put in once when I ordered him put in again; it was after his death I learned he had been put in twice; the surgeon never orders a bath except in two casos, feigned sickness and masturbation; it is customary to plunge a man more than once; the mode is this: immerse a man in the water in the bathtub, let him out, and let him move around the stove and warm, if he wants to; when a man seems stubborn and shows signs of resisting, we immerse him again; we do not, in all cases, continue to im. merse a man until he yields; some men are so constituted that a cold water bath would have no effect on them in subduing them; one of the reasons why I ordered him put in the third time, was because I thought he was stubborn. The rules of the commissioners did not forbid me from putting him in cold bath in this class of cases. The doctor informed me, some two months ago, that the commis. sioners had given him verbal orders to nse the cold bath in cases of feigned sickness and masturbation, I understood Deputy Sleeper to say-got my order from Sleeper-we were ducking the man under the head of feigned sickness. I never thought from the start that we could cure the man by the cold water bath; the object of the bath in this case was to ascertain whether the man was sick or not; this man came out of the solitary department: he had been in the solitary in the neighborhood of eleven hours, but not in punishment. When the convict's case is investigated, and the evidence goes against him, if it is first or second offense, he is put upon bread and water, and the blind doors closed: after the first and second offense he is placed to a ring bolt in the wall, with a pair of hand-cuffs on, so as to bring the hands to the height of the chin, and left in that condition until he expresses a willingness to live up to the rules of the institution, according to the disposition of the man; it is not customary to put weights or sand upon the person of the convict when he is tied to the ring bolt. There have been two or three cases, lately, where the convicts for refusing to work were compelled to walk about in the hall of the solitary with a soldier's knapsack, weighing fifty pounds, for ten hours a day. I think the ceremony of ducking this man was at a quarter past seven in the morning, and the eleven hours previons he was in the solitary, but not in punishment; could not say whether he had a regular supper or not; had nothing but the bare floor to sleep on. The first I heard of his complaining was on the 10th of December; he complained to the foreman of the shop; foreman's name is Mr. Walls: I did not see the man and talk with him at that time, the foreman reported him on the evening of the 10th to the guard ; accusation was, that he was not doing a reasonable amount of work; the guard informed me he told Williams to go to sick call in the morning: in the meantime this officer spoke to Assistant Deputy Sleeper, and at quitting time Sleeper spoke to me concerning this man; I told him to take him up to sick call in the morning, and let the doctor examine him and find out whether he was sick or not; he was taken to the doctor about eight o'clock in the morning, and examined by the doctor, and marked for duty; he staid on the night of the 10th in his cell; on December 2d he was in punishment for disorderly conduct; he had not been in the solitary in punishment from the 2d to the 11th; I saw him in the shop on the 11th, three or four hours after he had returned, and the officer in the shop called my attention to him, and said he was complaining of his bands. It is the custom to bring every man that is reported to the solitary a few minutes before whistle time. The order was given on the evening of the ilth to give him a cold water bath ; it has always been customary for the deputy warden to take orders from the doctor to give cold water baths for the cases. I think three ot four weeks before this accident happened Major w. sent for me to come up: I went and found Com. Southworth in the office; the Warden said to me, "Captain, are cold water baths being administered here ?" I told him "Yes, on the order of the physician only." I think he said some one had been telling the Colonel that we were bathing men here; he did not know of this case before it happened; he was not here; all my authority was from the doctor, and the usual custom; I have administered this kind of treatment to a convict who was feigning sickness in the absence of the physician who ordered is; Dr. Bacon ordered it, and was not present; don't recollect the number of times ; think I would be safe in saying several times; Dr. Bacon was present at least half of the time when I was carrying out his orders ; reported the death of this man to General Bane, secretary of the board of commissioners: the Warden was not here: the rules read that this kind of treatment is not allowed, except under the two cases mentioned: I don't know whether it was communicated to the Warden or not; Major W. never gave me any orders to bathe a man ; this man was put in prison November 21, 1873; heard for larceny : he spoke broken English, and claimed to be French; the first official report made to me was on the evening of the 11th ; it is explained to them if they complain that they can go and see the doctor; the first time that it came to me that he was sick was on the 10th; he mentioned it to his keeper, in French ; his conduct was refractory; I told him to put his clothes on when I first came in, and he would not do it; he said nothing; he was sullen: he was a man five foot four or five inches high. Sleepor said, *Take off your clothes," and he absolutely refused; I then told the men to take off his clothes, and he was resisting all the time; I had no apprehension that he was unwell, from the fact that he had been to the doctor and reported for duty : on the morning of the 12th I asked Sleeper if the doctor had told him to give this man a cold water bath, and he said "yes, he had." I asked the second time if the doctor told him, and he said "yes, he did," or language to that effect; the water is 550 or 600 in this tub in temperature; the receiving officer marked on the descriptive list at the time this man was received. *Has an idiotic look ;" since Dr. Mason has been here he has generally been present when the bath has been administered; the doctor since he has been here has been reasonably kind and lenient toward the convicts.

0. Do you believe that if this man Williams was well, and did not have the heart disease, and he had not resisted, that this bath would have killed him? A.-Most certainly not; this was a lighter dose than I had been in the habit of giving.

CAPT. JOHN D. HAMILTON. Capt. John D. Hamilton: Know all the commissioners; know Dr. Mason; heard the commissioners tell Dr. Mason that he might administer cold water baths in the cases of feigned sickness and masturbation; the instruction of General Bane was for the doctor to use bis judgment; I have never known the Warden to be other than humane; never knew of him to be cruel towards convicts; have heard of no cruelties in the prison since I came here, on the 12th of May last; und

t; understood the bath to be a remedy.

Saturday, December 17, 4 P. M., inquest adjourned till 10 A.M., Monday, December 29, 1873.

DECEMBER 29, 1873–10:30 A. M.

J. T. COOPER. J. T. Cooper sworn and says : Reside in Alton, Madison county ; I am sheriff of that county ; was sheriff in November, 1873; there was a prisoner by the name of Henry Williams sent up from our court in November last; I think I had him in my custody about two or three months before he was sent here; when he was brought there ho seemed to be in good health and continued se some time; living in Alton, and having my office in Edwardsville, I was not there all the time : I was absent, and on my return to the office I learned that Williams had been hurt by the prisoners; I went to the jail and found him lying on a bed in the hall of the jail, and he seemed to be suffering a good deal; he could not speak, and he mumbled something: he was lying on his back, and seemed to be suffering a good deal; I then went to see the doctor; I found the doctor, and asked him if he had seen the prisoner that morning; he said he had not; he said he would go over and see him; he said that he was badly hurt, and if he did not get better this morning. he was afraid he would not get well ; he was afraid of congestion : he afterwards went to see the prisoner, and he got well, and continued so till he was brought up here; this was about six weeks before he was brought up here ; could not tell what nationality he was: ho was a foreigner; he spoke bad English: I think he comprehended the English language: had a conversation with him when he was put in jail for stealing a horse; think he could understand English; I know nothing, of my own knowledge, as to the manner in which he was hurt ; his breast was jammed against the bars in the jail by the other prisoners before his conviction; we supposed he was well; he looked pale and haggard after he was hurt: the doctor, when he said he was afraid of congestion, did not say where; my deputy, James Bapnen, brought him to the prison ; never knew him before he was brought to the jail ; while in jail he behaved himself tolerably well; on one occasion ho set his mattrays on fire, to get rid of lice, as he said, he was either demented or a very mean man ; I don't know that he had a friend in that section of the county: he did not have a good reputation among the neighbors.

CAPT. HALL, RECALLED. Capt. Hall, recalled, says: I suggested, at the time I made the report of the death to the commissioners, that a coroner's inquest should be held: that the matter might leak out. I stated the case to them; they then investigated tho case in its details, and discussed the matter between themselves, and two of the gentlemen thought that they had better bury the man, that it was an accident; and the other thought that there had better be an inquest. The commissioner who wanted the inquest was Col. Southworth. The President. Dr. Canisius, insisted on hushing the matter up. They gavo me to understand that the man was to be buried, that is two of them. I was not present when a sort of post mortem was made by the prison physician, and did not know of it for two hours after. My reason for suggesting an inquest was, that my assistant, Mr. Sleeper, a few minutes after it bappened, came to me and insisted on having an inquest. The law says that in the absence of the War. den that the deputy shall perform his duties; but custom has changed it somewhat. When Capt. Smith, late Warden, lost his life on the railroad, the president of the board of commissioners assumed the duties of Warden, and in the absence of the Warden since that time, they have dictated to me in regard to the general management of the prison. In some instances they have given orders; they have exercised the duties of Warden, in some instances, in the absence of the Warden. When Wil. liams was brought here I did not know anything about his health. The first I knew of his being hurt in jail was on last Friday, when I saw it in the Madison county papers. The first I know of the post mortem was when the doctor touched me on the shoulder, and said : "Captain, we are all right; the man died from heart disease." I did not try to keep the matter secret at all.

ASSISTANT DEPUTY WARDEN D. C. SLEEPER. Assistant Deputy Warden, D. C. Sleeper, sworn, and says: "Am assistant deputy warden here; have occupied that position between three and four years; have been an officer here nearly sixteen years off and on, probably eleven or twelve years actual service. I knew a convict by the name of Henry Williams here in the prison ; I recollect seeing him on the 11th of this present month ; don't know that he made any particular complaint; I asked him what was the matter with him when he

to sick call; he said his hands were sore; he went to the hospital to see the surgeon ; I went with him : I called the doctor's attention to his case particularly, because the foreman and keeper had complained to me of him; the complaint was that he did not do a day's work; the foreman said he was not making any effort; the doctor examined his hands; could not say whether he made any other exai ination or not; the doctor marked him for duty on the book, and also told me he could find nothing he complained of anything else except his hands; could not swear whether anything was done for his hands or not: he was then taken back to the shop and put to work; I saw him during the af. ternoon at the bench, and saw him again in the evening; the foreman told me that he was not making any effort to do his work, and that he would have to report him; tho keeper of the shop gave me his report in the evening when I went to visit the shop; I told the keeper to stand him out at the corner of the "solitary," when he came along with his gang of men; I took him to the "solitary" that evening; he was not punished to my knowledge, simply put in; could not say whether there was warmth or not; the reason why I don't know about fire is that my duty is finished at that time. I next saw Williams the next morning ten to fifteen minutes after 7 A.M., the 12th; I took him to the bath room from the "solitary;" I bathed him at the bath room in a cold water bath; I had him tako oth his clothes, and I had three or four men immerse him in the water; when he came out I asked him whether he had anything to say to me: he made no reply; I had him immersed again. I am not posi. tive whether I immersed him two or three times in and out; put him in twice; he made no reply; at the end of the second or third time I put him in he said he would go to the shop and go to work; up to that time Capt. Hall had not come into the bath room ; after Capt. Hall came in I did not immerso him again; he was immersed again, after he said he would go to the shop, by order of deputy warden, Capt. Hall, I think onco, about four or five seconds, and I think another time, in and out as quick as it could be done : could not tell how many minutes it was between the immersions, but I think three or four minutes; should judge there was about the same space of time in Capt. Hall's immersions ; there was no friction or rubbing down the prisoner during the time. Captain Hall ordered him to put on his clothes; he did not do anything; did not undertake to put his clothes on or make any reply : he was not breathing hard, or did not show any symptoms of being tired; he appeared stubborn and defiant. I think his legs were in his pants when Capt. Hall came in ; he was not exhausted, because he had not made much exertion ; be made no resistance, except by catching hold of the bath tub while I was bathing him ; that was all the resistance he made. Between the time Capt. Hall put him in the first time and the last time, about two or three minutes intervened. I don't recollect what was said; don't think he was ordered to put on his pants then; he seemed very stubborn and defiant thon; when

was not think his legs were in his pans desistance, except by catcbia

Cant. Hall put him in t.b

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