14

oners more securely quarterd, the discipline better, the prisoners better on, to labor for that person; that he was found by Governor Weller, when fed and clothed, than under the Lessees, or under the former Board he took charge of the Prison, on a farm, some twenty miles from the the same; that when he returned to the Prison he was employed outside the walls, until the expiration of his term, when he was restored to citizenship, by Governor Weller. He was what is called a full trusty, which, as described in the testimony of Henry Bristol, is "a prisoner who is allowed to go in and out the Guard-line without being stopped by the Guard, and allowed to sleep outside the Prison-walls."

Directors.

BOOKS KEPT AT THE PRISON.

The number and character of the books kept at the Prison will be as
certained by reference to the testimony of Messrs. Bristol and Clark, wh
It seems that such a trusty must be allowed to do as he please, or else
shows that a Register of Prsoners, containing date of reception, name, be confined within the walls. Jackaway is represented as one of the most
nativity, crime, term of senence, County sent from, age, occupation, de
scription of person, whethe for the first, second, or third time sent, thaithful prisoners ever at the Prison. In our preliminary report, before
date of each escape, the dae of each return of escaped convicts, the date referred to, we say that "although having unlimited authority to in-
of all pardons, and by whom pardoned, the date of discharge of acquire," your Committee "did not deem it their duty to extend their in-
prisoner who served out the term of the sentence, the date of leaving frestigation beyond what they considered would be of interest to the
those taken out on habeas corpus, and other orders of the Courts, and the whole public, and that which might affect the interests thereof, and in
date of death of those deceased whilst under confinement, which is kept pursuance of that course, did not consider that any indecent or immoral
in duplicate; also, a Daily journal, which shows the number of prisones practices had been countenanced, or even tolerated, by any of the offices
in charge."
at the close of each day; aso, the number of United States prisoners, the
number received, number dscharged, number escaped, number in close
confinement, number sick, number punished, and the names of each; and
all other matters immediatly connected with the prisoners; also, a book C.
containing a record of prisoners discharged, giving full particulars; alsa,
a book containing a list of escapes, with full particulars; an Invoice-book,
showing all articles purchased for use or consumption at the Prison, and
the prices paid for each aricle.

The Committee have no reason at this time to alter their conclusion in

this respect, and in support of this position we refer to the testimony of W. Robinson, John Simms, J. C. Gordon, Henry Bristol, and Dr. A. W. Taliaferro, a careful examination of which is respectfully requested of the public..

PAY OF LIEUTENANT-GOVERNOR WALKUP.

this book with the vouches, from the first of May, one thousand eight the Tenth Session of the Legislature, and the Committee of Free Con
And here it may be stated that the Committee compared the entries in
We find, from the report of the Board of State-prison Directors made
thindred and fifty-eight, tothe last of April, one thousand eight hundred frence, composed of Messrs. Parker, Anderson, Street, Whitman, and
and fifty-nine, and found tlem correct in every particular.
A General Ledger, a Brick-shipment book, a book in which reports of hers, of the same session, and from the testimony of C. W. Robinson
labor done, and manufactures, are entered ; a Commissary-book, two Ca Perris Forman, that Governor Walkup's whole time was occupies an
the Prison, from May second to the last of December, one thousand eight
labors, a Requisition-book Contribution-fund book, two Wood-relandred and fifty-eight, a period of two hundred and forty-three days,
books, a book in which is nade the entries of clothing issued to prisoner which he has, in connection with Governor Weller, and Secretary of
books, containing, in all, a complete record of every transaction worthy tim for their expenses," as Directors. The Act of April twenty-fourth,
State Forman, received seventy-five dollars per month,
Register of Visitors, Recept-book of supplies received, and several other

and at Cash

of being remembered, or of interest to the State or its citizens.

IMMORAL PRACTICES.

as a compensa

one thousand eight hundred and fifty-eight, tenth section of the same, provides for this; and, "provided further, that the Lieutenant-Governor shall receive, in addition to expenses, as aforesaid, the sum of ten dollars

Charges have been formally made, before another Committee, as day, for each day actually employed in the discharge of the duties

learn from their printed rport, and rumors have been circulated, throug
port; chief-Warden Walkup had been gulay
the agency of newspapers,
conduct unbecoming an officer and gentleman, whilst in charge of

Prison.

It has been stated that he inflicted unnecessary and cruel punishme
upon the convicts, but the testimony is, that he never personally punis
quite too le
any one, and that, in the opinion of other officers, he was
ent, in this respect, with egard to his directions to others.

of May, one thousand eight hundred and fifty-eight, an order was appears, from the testimony of said Forman, that on the seventeenth that the Chief-Warden was not to receive any additional pay for acting appointing Walkup Chief-Warden, in which order it was specified that capacity. of making said order, that the different members thereof, should alterThat the understanding of the members of the Board was, at the time ate in relieving each other of the duties of said office, and that Walkup,

It seems, also, that no emale prisoners were ever allowed outside by virtue of his office of Director, and his presence and service at the at the Prison, under the said tenth section of said Act, and that it would , was then receiving ten dollars per day for all his time spent thus

walls of the Prison, aftersix o'clock, P. M.

near the Prison, the same were not upon the Prison-grounds; neither
convict, Mrs. Hall, or thewife and daughter of Jack Phillips,
of them during Governor Walkup's stay at the Prison.

We find that the prisoner Jackaway was made, first a Gate-keeper
the Prison, by McCauley and subsequently sent out, miles from the P

Pay, because they were, each of them incumbents of salaried offices under

proper for the other members of the Board to receive additional

16

That, after his said appointment, he was not relieved by either of the other gentlemen of the Board, and that he did not volunteer to fill position. We find, as a fact, that Walkup has not received one cent, cifically, as compensation, and that, under the circumstances, it is, in t opinion of the Committee, quite doubtful if the seventy-five dollars month paid to him, has covered his necessary expenses.

CORRECTION OF TESTIMONY.

Two of the witnesses called before us-Bickerstaff and O'Connor-text fied that, by the printed report of their testimony, taken before the Co mittee of the Assembly, of which Mr. Hines was Chairman, their testi mony is incorrctly reported.

We have endeavored to obtain, (for the purpose of comparing,) the origi nal papers of the Committee, aforesaid; but, as will be seen by the testi mony of the Clerk of the Assembly, the Official Reporter thereof, and the Foreman in the office of the State-Printer, Messrs. C. Gilman, M. G. Upton, and John McComb, said papers are not to be found among the records of the Assembly, and upon inquiry at the office of the Secretary . of State, we were informed that they could not be found in that office.

CONCLUSION.

The undersigned, in our preliminary report of April sixteenth, one thousand eight hundred and fifty-nine, gave our reasons why we did not continue our investigations to a conclusion, at the time we first visited the Prison, in March last, the correctness of which, as well as all other matters contained in said report, and not especially referred to herein, are by us confirmed. The Committee have extended their investigation to a great variety of subjects, in order to determine the truth or falsit of various rumors, which have in different ways been circulated abroad. and gained the attention of the people of this Štate, relative to the management of the Prison.

A careful examination of the Exhibits, and perusal of the testimo accompanying this report, it is believed will be sufficient to convince any one, that the conclusions deduced therefrom by the Committee are cor

rect.

sand eight hundred and fifty-nine, found personal property there, which
(except seven head of horses and mules,) we saw, and valued at
($39,245 84,) thirty-nine thousand two hundred and forty-five dollars and
eighty-four cents, as per Exhibit "P" We are firmly convinced that
the Prison has been managed under the Board of Directors, with econo-
my, fairness, honesty, business tact, and efficiency-that there have been
no frauds,
or immoral practices, of any nature, done or tolerated by the
Hon. Joseph Walkup, or other agents, in the conduct of the Prison-
and that all property purchased, or in their possession, and moneys re-
ceived by them for the use of said Prison, have been properly accounted

SACRAMENTO, May 16, A. D. 1859.

J. BERRY, Chairman.
JAMES ANDERSON,
B. T. BRADLEY,

Senate Special Committee.

Exhibits "A" and "B" are published in connection with the testimony of Wm. F. Templeton, and fully explained by the testimony of said Templeton.

Exhibit "C" shows the receipts and expenditures of the State-prison of California, from May first, one thousand eight hundred and fiftyeight, to April twenty-seventh, one thousand eight hundred and fifty

Exhibit “E” shows brick shipped from and on account of the Stateprison of California, to April twenty-ninth, one thousand eight hundred and fifty-nine, inclusive.

Exhibit "F" shows the improvements made, and stock added, at the State-prison, since December thirty-first, one thousand eight hundred and fifty-eight.

Exhibit "G" shows an account of the State-prison with the State of California, from the first day of May, A. D. one thousand eight hundred fifty-eight, to the twenty-ninth day of April, A. D. one thousand eight

cts to the facts and conclusions derived by observation and examins and
tion, the Committee have only to say, that the sources whence they have hundred and fifty-nine.

been obtained and arrived at, are open equally to the scrutiny of ever
citizen who may desire to be further enlightened upon the subject,

Exhibit "H," shows abstract of provisions issued from May first, one

it is believed that all would agree in the opinion of the Committee, thousand eight hundred and fifty-eight, to December thirty-first, one
nothing has been elicited or obtained that should cause any of the thousand eight hundred and fifty-eight, to the officers, employés, and
cers in charge of the Prison to be injuriously affected in reputation, prisoners, at the State-prison of California.
pertaining to the same whilst in charge, and under the control, of
consequence of the moral, financial, or other management of the matte

State, for the past year.

Sworn and subscribed to by W. R. Isaacs MacKay, Commissary.
Exhibit "I" shows abstract of provisions issued from January first,

If, in this investigation we have arrived at different conclusions thone thousand eight hundred and fifty-nine, to April thirty, one thousand those of an Assembly Committee, appointed for a like purpose, we reight hundred and fifty-nine, to the officers, employés, and prisoners of (except on the valuation of nearly all the personal property,) to the t

timony hereto attached, in support of our position.

State of California.

That Committee report personal property at the Prison about M, Exhibit "J" shows the number and names of prisoners, who escaped

twenty-first, one thousand eight hundred and fifty-nine, which they
at ($19,323 45,) nineteen thousand three hundred and twenty-three
lars and forty-five cents. We, on the twenty-seventh of April, one th

during the years A. D.,

one thousand eight hundred and fifty-one, and one

Exhibit “O” shows the number and kind of books kept in the differ-
ent offices, at the State-prison of California, from the first day of May,
A. D. one thousand eight hundred and fifty-eight, to the thirtieth day of
April, one thousand eight hundred and fifty-nine.

Exhibit "P" shows an inventory of the personal property on hand at
the State-prison, and the value of improvements made since the thirty-
first of December, one thousand eight hundred and fifty-eight.

APPENDIX.

[0]

MEMORANDA

Of Receipts and Expenditures of the State-prison of California from May first, 1858, to April twenty-seventh, 1859.

NOTE.-In the column headed "Extraordinary Expenses," is included all expenses, except for feeding, clothing, and guarding the Prisoners.