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SEVENTH REPORT “73
(For \@5l)
PRISON ASSOCIATION
NEW- YORK:
neLuDINe 4 List OF
THE OFFICERS AND MEMBERS.
ISS]
State of NeweBork,
No. 123.
IN ASSEMBLY, APRIL 10,1852,
Seventh Annual Report of the New-York Prison Association,
(for \asi)
New-Youx, April 9, 1852.
To the Hon, the Sreaxrn,
Of the House of the Assembly of the State of New-York:
Sm—In compliance with the sixth section of the charter of
the Now-York Prison Association, I herewith tra 1in.it
seventh annual report of sald association, and request that you
will present the same in behalf of the Association to the Legis-
lature.
Tam very respectfully,
Your obedient servant,
JOHN D. RUSS,
Cor. Sey Prison Association,
OFFICERS OF THE PRISON ASSOCIATION OF NEW-YORK: FOR
1852.
* President
HON, WILLIAM 7. afccoUN,
“Justice of Supreme Court,
Vice-Presidents.
ABRAHAM VAN MEST, Ea,
Merchant,
BON, DENTAMIN F. BUTLER,
RON. JOHN W. EDMONDS,
‘uaties of Supreme Court.
HON, JOHN DUEL,
Judge Supertor Court.
areaeucer
WILLIAM ©, GILMAN, aa.
tesohnt.
Recording Seertary
REY, THOMAS GALLAUDET,
rot, Deaf sud Domb fasttatfon,
Corresponding Secretary.
JOHN D. RUSS, B.D.
EXECUTIVE COMMITTEE.
(Chatrmay—RENSSELAER N. HAVENS,
Pironce Corsitter.
ISRAEL RUSSELL, ‘WILLIAM CHAUNCEY,
JAMES H, TITUS,
WILLIAM ©. GILMAN,
ernus cutis.
6
Detettion Committee,
MOK, 20nN w. EDMONDS, JOHN BIGELOW,
DRINKER,
Never,
Soaurn Mek EEN,
JOHN Hl, KEYSER, JOH CooKRAM
Prison Discipline Committe.
JOHN i Ghiscon, WD.
Discharged Cossit Commitee,
Base r, Hoprun, JAcOB VAN NOSTRAND,
Ta HAAG GRAVIS PRET,
pee zakpers, SEARLES Sauertoon,
ht : Tiwary hows,
ENJAMIN BWETERBERY,
JOnN W. ©. LEVERIDEE, SLIVER 1. WeLLinoron.
HONORARY MEMBER OF THE PRISON ASSOCIATION.
OFCAR Ie, King of Swoon end Norway.
. fe
CORRESPONDING MEMBERS.
ape rocqunvas
EAEERERRSE acon nti on
[. DEMETZ, ses au Conwell General du Department du Steme-et-Oise, “ete.
Fe
M.G-RLOUER, Architect ds Goureroment
3.G, PERRY, Eaq,, Ingpeetor of Prisons of Grost Brtain.
‘00x. 3B, Surveyor General of Peitons and Direator of the Coavlet Pluss. of
EDWIN CHADWICK, Rag., Londor
Dr. VERDEIL, Member of tho Great Council, Vice President of the Comell of
Health, at Lantsnne, Switzerland.
Dr. GOESE, Geneva, Surtzeriand.
JACOB POST, Feq., London.
Rev. L. DWIGHT, Seoretsy of Pv'son Discipline Soclety, Boston.
FHANGIS LIEDER, Profeer of Hntow. ant Pllc Philosophy, Celmably
Oy Cor. Meu of the astute of F
WM, P. FOULKE, Ray., Philadeiphia.
MM. MOREAU CHRISTOPHE, Chevalier of the Legion of Woror, Hrance.
Dh VARRENTLA, Germany.
8. 0, HOWL, Bf. Dip Boston.
Mies D. b. DEX, Boston, Megsaehusots,
Mra. 2. W. FARNHAS, Califora'a.
Prof. NATHAN DAVID, Copeaneg.ny Demnark,
OWARLES SUAINER, Esq, Boston,
Pruf. IL. TELLKAMPE, Bertin, Pros'a.
JORN HAVILAND, Prison Architest, Philadelpoi.
GEORGE SUMINEE, Keq., Boston.
N-b. me Phyian nt Warden o: poe sath Raley ao ofl,
Corresponding Membcrs of the Hice.wive Come ittoe,
LIFE MEMBERS
Of the Association, ayment ‘of twenty-five dollars and
HONORARY LIFE MEMBERS OF THE EXECUTIVE COMMITTEE, : ” "poor ae
BY PAYMENT OF ONE HUNDRED DOLLARS OR UPWARDS. Altea, 7 Wo. Daly Obes Es
3 “Aspinwall, W. IL, Derham, H.C.
> ‘Astor Wm. B. Douglass, Wm. H
Barclay, Anthony, ‘Duer, John,
Bard,Jobn, Edmonds, J. W.,
Barron, Thomas, Engs, P. W.,
tty of ee Forks Bartlett, Edwin, Field, R. HL,
MINTURN, ROBERT B, Beebee, 8. J., Field, H. W.,
PARKER, CHARLES BJ. Jas Fish, Hamilton,
WALKER, JOSEPH ;
BOORMAN, FAMLES
BROWN, JABS
‘CROSBY, Wit. B.
DRANG, J48, WARREN Woon, Wintiait Belmont, August, Foster, Jr, James,
Bonnett Jas. G. Freeland, 5,
Troy, N.¥. Benzon, E. Ly Fumiss, W.P.,
REY. WM. ANDREWS, . Blanco, Bs Garner, F.,
Brevoort, H. Gilson, John,
Poughkeepsie, Ne ¥. Brevoort, J. Carson, Grabam, J.B.
Meee ee cunEore Bridge, L. K., Gregory, D. 8.,
Bridge, John, Green, J.C,
Hedwon, N.Y, Bronson, Mrs. Arthur, Grinnell, Henry,
REY. oR. DARLING. Brooks, Sidney; Grosvenor, Jasper,
Broom,8., Halstead, Wm. H.,
Meriden, Cont Brown, Stewart, Hedges, Timothy,
REY. G. W. PERKINS. Brown, Ja8.y Herrick, J. K.,
Brnee, Geo., Herring, S. C.,
Bushnell, 0., Horn, Jas.;
Butler; B. Fs Howland, G.G,
Bliss, Ira, Howland, 8. S.,
‘Chauncey, Henry, Howland, Edgar W.,
Collins, E. K.y Hunt, Thos.,
Cartiss, Cyrus, Hussey, George F.5
DR. BEEMAN,
[Assexany
Jewing, Richard, Pell, Fy
Jay, John, Phalon, J’,
Johnson, Alex. S., Ray, Robert,
Johnston, Jolin, Rhinelander. Wm, €.5
Tones, James J., Robert, C
Jones Walter B., Roosevelt, ©. V.8. 7 ‘i
Kirkland, 8., Ruggles, 8. B., SUBSCRIPTIONS .
Russell Israel, And Donations from Jan. 1, 1851, to Dec. 81, 1851.
Sampson, Joseph,
Leyray, Jacoby Sands, David, AUT & 00.0.4 tee
Lexy, Jacob, R., Schermerhorn, Peter, ‘Aspinwall, W.,.
‘Leupp, CM., Selden, Dudley, “Aldrich, MeCurdy & Spencer,..
Lord, Rufus 1, Sherman, Austin, Abel, J. H., ;
Lorrillard, Jr, Peter, Spencer, Wm. A., Appleton, Dee Ou
Low, Comelins, Sturges, Jonstban,
Low, Nichol Styrvent, Gerard,
Mann, A., Talbot, Chas. N., Allen, Hazens & Co.
Mathews, J., Titus, Jas. Hy ‘Adams & Co...
Brady, J.T.
Bonedict, E. C.,
Bartholomew, F. H.
Benedict, A.,
Brown, Wass. eeeeeeeeererse
Brown, Miss Mary,..
Bradish, Johnson,
McBride, Jus., Townsend, 8. P.,
‘MeConn, Wm. ‘Van, Nest, Abraham,
Morgan, B. D., Vannostrand, James,
Murrsy Lindley, Van Rensselaer, P, 8.,
‘Morgan M., Walker, W.,
Wards, A.,
Wetmore, P. M., Bull, Wm.G.,....
White, Ely,
; Whitney, Wn. E.,
Olyphant, D. W.C., Winthrop, I. R.,
Outhout, Wm., Wilderming, Wm. B.
Palmer, John J., Wolfe, Jobn D.,
Parmly, E., Woolsey, E. Bl
‘Salisbury, Herkimer Cony N.Y.
Buck & lant...
Bard, John,
Badger, J.
Bartlett, Edw.
Borceau: & Rusch,.
Packer, Wm. S. Bradford, A. W.
Poughtecis, X.Y aa
Vassar, M, Bin James,
Waterbury, Conn. afd fea,
Rey. J. ©. Ark. Rev. Mr, Elliott. Barney, Hiram,,....+».
Merviilen, Conn. Boorman, B..
Burrell, D.
Rey. Mr. Searles,
Bennet, Jas. G.,
‘Bushnell, Orasmus,
Bryant, Wm. C.,.«
Crosby, Win. D.y...ee
Cochrane, Jobiy...es+eseesevevee
Corning, B. (Albany,)...+6
Cottenet, F. & Co.
Cary & C0... 00006
Cameron & Brandy...
Cooper, Peter, $10, $10,
Coe, Fred. B.
Casey ees vee
Caswell, Jobn,.
Colman & Stetson,
Cambreling, S
Olark & Wilson,......
Cammon, O. Toye eeeevsee
Crapo, 8.5.
Colgate, Mrs. Jane,
Colgate, Mrs. C. C..«
Cammon & Whitehouse,
Corning, J.y.+++
Donaldson, Jas.,
D. 8. D, —
Delano, Warren,..
Dillon, Robt..
Duggan, Wm. Ty
Dow, M.T.
Donglass, J. B.,
Dantford, Bailey & Coy
‘Drew, Robinson & Co.
Delancy; J. T.,.
Day, ©. D.
De Witts, Esqrs.
So)
No. 123.]
awards, Chas.
Essenween, Fy.
Fergerson & Sherman. ...+ssesese es
Foster, Thos. R.,.«
Goodman, R..
Grant & Barton,.
Gordon & ‘Talbot.
Goodhue & Co.
Gibson, John...
Graves & Boren,
Greeley, H.y...ee++
Gregory,
Gillilon, E. W.
Hall, Francis,....
Herzing, 8. C., $10, $10,
Hall, J. B.
Hendricks, Mrs...
Haskell, Merrick & Bull,
Hatch, Geo. W.5.+-
Haydock, R.,.-
Hoose, Fred.,..
Hendricks Bros.
Handford, 8. H.,...
Haight, Halsey & Co.,
Hargous Bros...
Howland, 8. 8.....+6
Haggerty, Ogden,
Harbeck, W. H.
Holmes, A. B
Hicks, Miss A...
Hopkins & Wiston,...
Invi
Irving,
Jay, John, $10, $25
Tonos, Walter Ray. .s0s
Tolfries, Geo.,.
Johnson, Alex. 8.,
Kirby, L. & P.,
Kirkland, Chas. P.,...
Knapp, $.
Kiggings & Kellogs,...
Lottimer & Large,
Lawrence, Fy...
Lee) ssesee
Libby, J.8.....
Livingston, Maturia,. ..
Long & Davenport,..... ae
Moran & Belin, ees. seescseeesee
Moore, Dunlap A.y...esseeeeee
Mithau, John,.
Mangum, W. D.
MoBride,.......
Morgan, Homer,
Morgan, @. Dy seesee soe
Montgomery, Jas...
Mann, A.,..
Morgan, B.D.y.cssssseee
Matthews, J.
Morgan, Mrs. E. D
MeLean, Geo. Wy...
Moore, W. M.,..
Oakes, Joseph.
Oclrich & Co...
Oppenheim, J. BM., & Co.
0. W. i.
Otho. esses
Olliver,....
Ie5b
No. 123.]
Oleott, MeKisson & Robbins,
Paine,
Phelps, Dodge & Co.»
Pillsbury, Amos (atbeny)
Polanea, R.
Perkins, Denuis,
Phipps, W. & 8. & Co.,
Putnam, 6. P.y.+
Palmer, John J.,
Pearson, John J.
Parolen, R. H.,..
P.W. W.& 00...
Reiss, Bros., & Co., $15 & 26,.
Rosevelt, 0. & V. S.y..++
Rich, Juss
Rawdon, Freeman...
Ray, Robert,
Redmond & Pearson;
Rhinelander, W. ©.»
Rankin, Duryea & Co.
Schefilin Bros.,.
Shefllin, H. Hy...
Scheffolin, H. M.y-.
Spier & Christ,...
Scott Thoky--
Snarez, L. 8.y-++
Slooum, Hiram, (T20y,)
Suydam, J. Aaj. eveeees
Sands, A. B.& D.,
Sand, ©. Hy. sees soe
Shleiper & Mazrhaus,....
Schlessinger & Anderson.
Savory & Sons..eeeeee++
Saunders,
Sterling,.
Sturges, Toye.
Sherman & Collins,»
Shipman, ©. H. Bune
Spencer, Geo. G., ss eaeaetas
Schermerhorn, John W.y.....
Stuyvesant, Gerard,..
Stoughton, B. Woy.sseeeee
Spring, Gardiner,
Slosson, J.,
Sampson, @. @.,.
Saroyer, W. By...
Spaulding, J. Joy...
Spencer, Wm. Aj...
Stamford Manuf. Co.,..
Talbot, C..N.y...44
Tweedy, 0.By....
Taylor & Merrill,......
Townsend, 8. P.,.
Treadwell & Gould, .
‘Tucker, John W.,
‘Townsend, Chas. A.,,
Townsend, @. A.
Wright, Aiziah,
Winslow, R. 1,
Ward, Ay... 2s.
Wolte & Gillespie,
Wilson, Hawksworth, Hllison & Moss
Warren, James,
Willets, Sam’)...
Wheeler, W. As...
Wight, Sturges & Sha
Whitlock, B. M,
Williams, J.B
SEVENTH ANNUAL REPORT
Of the Executive Committee of the Prison Association
of New-York.
The Exeentive Committee of the Prison Assoslation of New-
York respectfully submit to the Legislatare, that the attitude as-
sumed towards us heretofore by the Board of State Prison Tngpee-
tors, has been adhered to by them during the past year, and now
prevents « complianee with the duty enjoined by our charter, to
report «the state and condition of all the prisons in the State.”
Inour last report we alluded to onr institution of a suit, in
the nature of a writ of mandamus, requiring the Inspectors to
allow our examination, freo and without supervision, of Sing
Sing Prison and its inmates. The position in which we were
placed before the Legislature by the report made January 7th,
1852, of the committee appointed at the Jast session of the Legis-
lature, “to investigate the fi
discipline of the different Stato Prisons,” with other cizeumstan-
‘oc which need be no further alluded to here, induced the hope
that a voluntary withdrawal of the suit, would lead the Inspeo-
tors to reconsider their former decision, and open once more the
prison doors for our entranee and examinations. Accordingly on
the 19th dey of February last, we directed our counsel to diseon-
tinne the suit altogether. The instructions to him were as fol-
lows:
Parson Assoctarios Roos,
February 18th, 1852.
Dear Sir: We are directed by the Executive Committee of the
Prison Association, to request you to withdraw their proceedings
against the Inspectors of the State Prisons.
[Assembly, No. 128.] 2
18 [Assrauny
In adopting this course the Association. do not mean fo aban-
don their claim which they have asserted in those proceedings.
But they aro persuaded that the cause of the opposition which
‘they have hitherto met with has been removed by the result of
tho recent election ; and they are confident ia tho belief that the
Inspectors are now, and hereafter will be, influenced in their
deportment towards the Association, by that single regard to the
public interest whieh Influences this exeentive committee.
And fully aware of the importance of cultivating harmony and
‘good feeling hetween the Inspectors aud the Association, they aro
‘willing to repose upon the Justice of the Inspectors in dno time,
to acknowledge the propriety of the demand of the Association.
We are respectfully, your ob’t serv'ts,
J. W. EDMONDS,
R. N. HAVENS,
Select Committee.
L. B. Sunpanp, Esq
Whether this act will be mot by corresponding maguanimity
‘on the part of the Inspectors remains as yet undecided.
In self devexxce the committeo are constrained to advert to the
renewed attacks of the last Board of Inspectors upon our asso-
ciation, in their report for the year 1851, (Senate Doc. No. 35,
for 1852, pp. 22 to 24.)
With a proper regard to the decorum which is due to the Le-
gislature, it is difficult to churacterize their remarks in befitting
terms. The Iuspectors, seemingly taking it for granted that the
members of the Legislature have never thought it an object to
examine the former reports of our association, have repeated ar-
gaments and statements, which we have heretofore reftted to
the letter ; partteularly iu our reports for the year 1850, (Assem-
bly Doe. No. 198,) and 1851, (Assembly Dos. No. 120.)
Yet itis due to our reputation, as well as to the position whieh
‘we occupy before the public by virtue of our charter, that we
emphatically deny the allegations made by them. ‘They say (p-
22) that our committee of inspection to Sing Sing Prison had
No. 193.1 \3 5) 19
made “ another attempt to usurp the authority of the warden and
interfere with his management of the prison.” No committee
of this association has during the past year, or at any other time,
ever made such attempt. Of the same unwarrantable character
is the insinuation conveyed in their remark on p. 24, that tho
intelligent and respectable portion of the Association,” (how or
where the Inspectors ran thelr dividing line throngh ont body,
they do not say,) imagine that we «possess a co-ordinate power
in the management” of the prisons with themselves. We have
never either imagined or asserted a claim to such power,
But more grave charges nro those conveyed on pp, 22 and 23,
that by the labors of our association, Sing Sing Prison previous
to Jannary 1848, was ram into debt, nearly to the amount of
fifty thousand dollars; that we had caused the free use of the
lash, even to an inhuman extent; that onr officers and members
had approvingly witnessed the cruel lacerations of the prisoners 5
that under our influence the industria} affairs of the prison were
neglected, ‘itinerant phrenologists introduced to examine the
heads of eonvicts by way of ascertaining if they had been right-
fally convicted,” and ‘French romanees and essays upon ass0-
ciation and fourierism,? supplied to its “moral department.”
And to give point and piquancy to téeir romancing, the Inspeo-
torsare pleased to eaution the Legislature against us as sham
philanthropists and hollow-hearted fanatics.”
The ontire inconsistency of these allegations with established
facts, cannot be better shown than by reference toa summary of
our invstigations into the affairs of Sing Sing Prison, contained
in our report for the year 1949 (Assembly Doc., No. 243, py
18) to which we respectfully ask the attention of the Legisla-
ture.
No jects reported by us have ever been denied by any Boardof
Inspectors; and those we have ascertained and disclosed, explain
suffieiently well how far we have been instrumental in involving
Sing Sing or any other Prison in debt, and in cansing the eruel
treatment of prisoners. ‘The committee are at a loss how to dis-
prove tho assertion that the Association has heretofore introduced,
sfinerant phreuologists and French romances into the prisons,
20 [Assnmee
Our ofly reply is a simple and positive denial of the averment,
in al] its parts, essential and non-essential.
This fancy sketch of the Inspectors would bo more complete,
if they had explained how the Association was the means of in~
volving the prison in debt; how and when and by whet agents
we caiised the iniliction of the eruel punishments they deplore;
who were the itinerant phrenologists alluded to; and what were
the romances and essays we supplied to their “moral depart-
ment.” For years the Inspectors have thus attempted to preju-
dice our association with the Legislature and the publie, by
vague generalities and insinuations.
We appeal now to the common sense and considerate Judg-
ments of our fellow-cltizens, both in private and public life,
whether such averments, unsustained by one attested, ot even
specified fact, are right or even decorous; and whether public
officers whose conduct and acts affect, not the pecuniary inte~
rests of the State alone, but the physical and moral well being
of Jarge numbers entrusted solely to their discipline and eon-
trol, shall thus he allowed fo misrepresent the ehataeters and
motives of those to whom the law gives the power, and whose
only object Is to discover and state facts, the knowledge of
which is essontial to wise legislation. In contrast with this we
have simply given to the Legislature clear and distinet state-
ments of occurrences, under the eye, and allowed by the Inspec-
tors, into the (rath of which we desire, as required by law, to
make investigation. And that abundant necessity existed there-
for, is manifest from the report of the special legislative com-
mittee, (Assembly doe. No. 20, for 1852) espectally from the letter
of Dr. Fosgate, commencing on page 67.
From the very inception of our association, down to the pre-
sent hour, in all our reports and publications, by the speeches
and acts of our members, especially by our agenoy in framing
the consolidated act of 1847 relative to State Prisons, we have
endeavored to expose, rebuke and repress the tyrannons and
eruel spirit wherewith some of our State Prison officers have
exercised their authority. ‘This is the true and principal rea-
\S5t
No. 128.] a
son why our association has been so systematioally misrepresent-
ed to the Legislature by the Inspectors; and especially by one
of them, no Jonzé? in publie life
Had tho committee appointed by the Legislature of 1851 «to
examine the several Stato Prisons,” been further direoted to exa-
mine into the acts and doings of our association, we are per
suaded that they would, If possible, moro emphatically have xe-
commended its objects and its past Iabors; and, with such exa~
mination, we shall, at all times, cheerfully acquiesce. ‘Tho ntili-
ty, nay, the necessity of our inspections were so apparent, that
the committee say in their report made at the present session of
the Legislature, (assembly doe. No. 62, for 1852:)
“Much good might heve been done, If the act of the Legisla-
ture, passed Muy 9, 1848, had not been practically nullified by
the Inspectors. That law provided for an annual inspection of
the Siaio Prisons, under the direction of the Chancellor, or a
Tudge of the Supreme Court or Cirenit Judge, by members of the
‘Prison Association? thereby incorporated, and directed them
to annually report to the Legislature thoit sfate and condition,
and all such other things in regard to them as may enable the
Legislature to perfect their government and diselpline.”
«The law was for a while faithfully executed, and several re-
ports were made to the Legislature, replete with valuable infor~
mation which had never before been obtamed, in respect to the
‘workings of our penitentiary system. The inspeetions were made
by persons of high standing, over whom neither contractors nor
officers could exert any influence, and a most salutary Influence
was produced by the constant apprehension of an Inspeetion,
which no acts of theirs could color or affect. Facts of much im-
portance thus found their way to the ear of the Legislature which
were not found in the reports of the Inspectors. Tut in 1848, the
Inspectors adopted a regulation which allowed those inspections
‘only upon conditions, which would render them utterly valueless,
namely, that they should be eomdncted only in the presence of
some officer of the prisons, to be selected by the Inspectors, and.
thus closing the door to the reception of information which eould
[Assmenny
not be asked or expected under such penalties as the Inspectors
might Inflet on those who gave it.
Perhaps if the Legislature should peremptorily require those
inspections to be made, and provide for the actual expense of
making them, some, if not all the evils already alluded to, would
be remedied. It is quite certain, that if they were continued,
much valuable information might be obtained, which otherwise
‘would be los
Deeply do we deplore the controversy into which we were
foreed with the Inspectors. One of the prime objeots of our As-
sociation, is “ the improvement of Prison Discipline ;” to effect
this, knowledge is essential, such knowledge as was acquired by
our examinations of 1817. Their discontinuance we believe to
have been of serious detriment to the publie interests; to our-
selves personally, it bas been a relief. Yet wo trust that the
present board of Inspectors, acting from unselfish motives, with
enlarged views of the importance ana duties of thelr station, and
with an enlightened and patriotie regard to the credit of our
State, may invite their renewal. If otherwise, we shall still en-
deavor, as best we may, to meet the reasonable expectations of
the Legislature, and the requirements of the law to which we
owe our corporate existence
‘We invite attention to the following table, exhibiting a com-
parative view of the criminal statisties of all the State Frison
‘the United States, that made reports for the year 1850, which
however were not issued until the year 1851.
BSN
No. 128,]
of the Statistics of the diferent Prisons.
Comparative vi
vanao pus em |
og pu op soo |
ad Baya =
STATE PRISONS,
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A
=
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§
go Many Siaky F
[Soisor see
aad Hotaaa ees
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STATE PRISONS.
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Val
123.1 25
NOTES EXPLANATORY OF THE FOREGOING TABLE.
2, Moine—Among alk other crimes, are attempts to poison, 1;
incest, 1; polygamy, 1; assault to rob, 1. ‘Total 4, Among
the “average length of sentences, are 2 to be hanged,
and 1 larceny, (12 years of age,) sentenced 4 years.
». Vermont.—No other fncts stated.
6. Massachusetts.—Among all other erimes are common and noto-
rious thief, 19; incest, 1; assault with intent to ravish, 1
polygamy, 2; lewd and laseiviouscohabitation, 2; attemptto
burn dwelling house, 1; uttering counterfeit eoin, 1; having
in possession counterfeit coin, 1; attempt to break and
enter a bank with intent to steal, 2; breaking and entering
vessel with intent to steal therein, 2; breaking and en-
tering a vessel and stealing therein, 8; receiving stolen
goods, 5; attempting to pick pookets,1; seriding threaten-
ing letters to extort money, 3; eseaping from this prison,
1; stealing in a dwelling house, 1. ‘Total 40.
4. Connecticut —No account of age, length of sentences or nativ-
ity. ¢. Among all other crimes are, theft, 20; horse steal-
ing, 9; exposing ehild, 1. ‘Total 80. (Crimes for those
recelyed during the year only.)
Jf. Auburn —Among all other crimes are, abduction, 1; crue
against nature, 2; incest and attempt, 4; inveiglins sd
Kidnapping, 4; breaking jail, 1; embezzling, 8; receiving
stolen goods/45 receiving stolen money, 1. ‘Total 17.
g. Sing Sing.—Kmbraces male and female prisons. 4. Among
all other erimes are, incest, 25 mayhoui, 3; stealing child,
1; poisoning, 4; carrying unlawinl weey ons, 3; sodomy,
2; abduction, 2; breaking jail, 2; receiving stolen goods,
7. Total 26.
$, Clinton.—Among all other crimes, are writing threatening
Jetters to obtain money, 1; assault with. intent to maim, 1.
‘Total 2.
26 [Assxwmny
|. New Jersey.—Among all other crimes are, atrocious assault
and battery, 5; assault and battery, 19; assanlt with intent
to rob, 2; horse stealing, 1; keeping disorderly house, 85
hhief, 1; misdemeanor, 13; riot, 1; sodomy,
k, Bastern Penitentiory, Pa.—The age, exinie, period of impris-
onment, and birth, are for those only received during the
year. 1, Among all other crimes are, recetviny
goods, 1; horse stealing, 6; conspiracy, 1; feloniously ob-
taining letters from imail, 1; Keeping disorderly, bawdy
house, 25 buggery, 1; riot, 19; attempt to poison, 1, To-
tal 82.
m, Western Penitentiary, Pa.—Among all other erlmes are, horse
stealing, 7; conspiracy, 1; breaking in house, 1; mayhem,
1; embezzling letters, 2. Total 12,
1. Maryland —No other faets stated.
0, Virginia —Age for 8 not known, p, Among all other crimes
‘are voluntary and malicious shooting, 4; voluntary and
malicious stabbing, 1; unlawful and malicious shooting, 35
unlawfal and malicious stabbing, 4; maiming with an axe,
1; wounding with stick, 1; assauliing and beating white
man, 1; poisoning, 1; house-burning, 1; barn-burning, 13
buming stacks, 1; slave stealing 3; carrying off slaves, 8;
aiding slaves to abscond, 3; horse stealing, 22; giving reg-
ister to slave, 1; malicious cutting, 2; store breaking, 2
‘Total 60
4. Georgia.—In consequence of the reports of this prison being
Publishel biennially, we are unable to state any other
faets than the number in prison at the end of the year.
1. Arkonsas.—Age of 4 not stated. s, Among all other erimes
are, making and using counterfeiting instruments, 1; horse
stealing, 7; stealing from U. $. mail, 1. ‘Total 9. Nativ-
ity of 4 not stated. 112 is the whole number received
since the first opening of the prison (May, 1841,) and $2
remained in prison in November, 1948.
Vast
No. 198.] co
1, Ohio.—Crimes for 193, being those received during the year.
No statement of period of imprisonment. u. Among all
other crimes are assault with intent to rob, 1; horse steal-
ing 85; incest, 1; malicious stabbing, 2 receiving stolen
‘goods, 1; stealing bank bills, 2; stealing letters from mail,
1. Total 43.
v. Michigan.—Age not stated., Crimes and period of sentence
for those received during the year. w. Among all other
crimes are, horse stealing, 1; putting bill in circulation
when no bank exists, 1; assault, with intent to commit
incest, 15 seduction and incest, 1. Total 4.
eo. Indiana, —Among all other eximes are receiving stolen goods,
1; horse stealing, 1; imeest, 1; retaining counterfelt ap-
yparatus,1. Total 4
2, Mlinois Among all other erimes are, receiving stolen goods,
2; violating mail,3; cutting telegraph pole, 1; kidnapping
1. Total 7.
y. District of Columbia.—Among all other orimes are, recelving
stolen goods, 1; stealing money and letters from U.S. mail,
3; receiving stolen money, 1. Total 5.
2, Towa.—Among all other crimes are, assault, with deadly weap-
ons, 2%; gambling, 2; suffering gambling, 8; obstructing
{27° road, 5; shooting domestic animals, 1; assault and battery,
fhreats, 2; breach of peace, 1; suretics to Keep peace,
6; bastardy,1; contempt 2; overturning wagon, 1; sell-
ing liquor without license, 5. Total 36.
But the energies of the Association are not devoted specially or
mainly to prison discipline. We have other alms and objects
‘equally interesting and perhaps equally important. The rst of
these is the care of the persons detained cither as witnesses or for
trial. As soon as suspicion has béen directed towards an indivi-
dual, and an arrest made, the duties of our Detention Committee
commenee, it being as much a part of our Jabor to protect the in-
nocent, as to watch over the rights and sce that justice is dispen-
sed to the criminal.
[Assenmer
‘The past year our services in this direction have been limited,
‘as only the latter part of the time have we had an agent charged
with this important duty. Prom our diary we extract the follow-
ing account of the City Prison, (the prineipal House of Detention
in this city) for the yeer ending the 81st of December, 1951
FIRST DISTRICT PRISON,
Number in prison January 1
Received during the year,..| 9,868
2
Sent to Blackwell's fstand,.) 1,548
«State Prison,.. 158
Executed, :
Remaining ia Prison Dec. 54
993
In addition to the number
receiv at the First Dis!
inlet Prison, ‘
There were discharged from
24 District Prisony es] 1,898) 879] 44
ssa District Beiseny.,| LyerT] 888
| 9,868; 5,607)
Making the total number of|
‘commitments during the
JO ciessccosssedl
a5)
No. 128.]
Number recelved who were natives. : 1,508] 4,901
« « « " foreigners,. .,|11,070) 5,821|16,891
iat) 7 92001, 08
Who were married,....
single, «1.
« widowed). =.
‘Whose social relations were unknown
Who were of temporate habits,..++e++s+s| 1y760) — 673) 2,880
intemperate. 6,756h19758
7,829)21,702
| 2,491/ 6,897
| 23865) 45486
‘Whose education was unknown
14,408] 7,820|21 ,702
Of these 16,520 were of the following ages, viz: Under 10
112 males, 63 females ; between 10 and 18, 468 males and 79
females ; between 16 and 18, 669 males and 146 females ; be-
tween 18 and 21; 2,074 males and 579 females ; between 21 and
80, 2,703 males and 2,465 females; between 30 and 40, 2,480
males and 1,133 females ; Between 40 and 60, 1,202 males and
701 females ; between 60 and 60, 450 males and 193 females;
Gver 60,112 males and 74 females. Total 10,477 males and 6,043
females, making a grand total of 16,520.
Some singular facts are here developed ; the first that we shall
notice is, that previous to the ago of 21 the number of male pris-
‘oners is 2,855, and the number of female only 867; but between
the ages of 21 and 30°the number of males is 2,793, and of
females 2465; or in the period under 21 the female prisoners
bear a proportion of 1 to 3 of the males, while between 21 and
“Tho digested an “Cakown,” were {pot ep nct pek ogi or refed te
30 [Asseamux
80 they are nearly equal ; that four-fifths of these that commit
crime are foreigners; that nine-tenths aro intemperate, and that
about one third eould not read.
‘The last report of the Warden of that institution thus speaks
of the prevalence of youthful crime:
“The astounding facts that more than oue fourth of the entire
number committed to the prison, and that nearly one half of
those charged with petty offences against person and property,
hhad not attained the age of twenty-one yoars, call for the adop-
tion of some measure that may stay the progress of these cadets
of crime before they shall have irrevocably enlisted in the ranks
of that army, whose lino of march is to the door of the Stato
Prison or to the foot of the gallows.”
And the report further states: “This table also shows the
‘great increase of another class for whom suitable provision should.
be made: the number deiained as witnesses boing more than
three times as largo as that reported for the preceding year.
‘Apart from the impotiey of confining them in the same building
with those against whom they are to testify, and where the means
of communieation are so abundant as to defy the vigilance
of your officers, and beyond even the injustice of alloting
to persons, acoused of no crime, the food, the bed and the cell of
a.ctiminal, should it not be taken into consideration that some
(especially among the younger portion of this number,) may here
form associations with those whose evil counsel and example may
hereafter cause them to serve the State in a less honorable eapac-
ity than as witnesses in her behalf ageinst the violators of the law?”
“ We would respectfully invite the attention of the Legislature
to these facts, as well as the general condition of our county
prisons; which, it is believed, fs such that instead of being pre-
ventives of vice and safe guards to our citizens they are, almost.
without exception, the nursing mothers of erime. Previous to
fhe year 1847 an annual or semt-annual inspection of these pris-
ons was provided for ; but the amended law of the extra session
of that year repealed all former laws and gave this inspection
into the hands of the State Prison Inspectors. ‘They attended to
it one year; but since 1840 havo been relieved from the duty and
‘no inspection has been mode. Is it expedient or proper for the
No. 128.]
Legislature to entrast the liberty, health, happiness and lives of
so many human beings to the tender mereies of unwatched Jailors?
‘This Association would willingly perform the service of inspect-
ing and reporting yearly, if the Legislature would make an ap-
propriation adequate forits accomplishment, and as the Inspectors
are now released from the duty, they could not consider its per-
formance by us as an interference with their claims. An appro-
priation of 500 dollars per annum, would probably cover the
‘expenses attending a rigid inspection.
‘The committee on discharged conviets, has faithfully continued
its labors during the past year. ‘The opposition, however, which
has been manifested by the State Prison Inspectors, to the Asso-
elation for the Jast four years, has gradually diminished the num-
ber of applications for relief, in this department, so that during
the last year, there were only 107 relieved by the male, and 166
by the female departments.
For the purpose of extending the benefits of our Institution to
this class, we have addressed a circular to the keepers of our
State Prisons, asking them to make quarterly returns of all those
that leave the prison during the quarter ensuing; so that the
Association may procure places for them in advance of their dis-
charge, and thus avoid the delay and consequent danger resulting
from having them thrown into a great city without means or
friends, and subjected to its thousand temptations. ‘That we may
be fally prepared to make such representations as will seoure
Places for them, we have prepared the following form of return,
which we have sent to the several prisons:
Quarterly Report of
ending 18
Prison for Quarter
‘When tobe dincharged.
Hibita previow
Gharoterin prisons
Of times convicted
resent heathy
‘Remarks.
ae [Assracmuy
Aldiough more than a month has elapsed sinco these forms
wore furnished to the Wardens, no returns have yet been made
tous. This is the moro to he regretted,as the spring of the
year is the period when the largest number of eonviets are set at
Uberty. The Warden of Sing Sing Prison has promised regular
returns; and although the other Wardens have not as yet
noticed our request, we cannot believe that so reasonable a wish,
fone productive of such unqualified good, and attended with so
little trouble, eau be denied by any Keeper having the ordinary
feelings of humanity. We shall thas anticipate for the coming
your, a large accession to the number of these unfortunates ap-
plying for ai.
Up to the Ist of Fanuary last, the whole number of discharged
prisoners disposed of by the Association since its commencement
in 1815, is 1,954, viz: by the male department 977, and by the
female department 877. ‘The following is the condition of the
malesas far as ascertained
Doing well,.. cesceenees 295
Hopeful, ..++++
Doubtful...»
Returned to prison,
Unknown, ... +200
Totaly esses
And the female department has disposed of their inmates in
the following manner:
Found situations for,.
Returned to their friends,
Returned to evil courses, .
Left without permissiony.....++.++6
Left to find places, wai
Sent to Hospital
Sent to Magdalen Asylum,
House of Refuge,
Colored Home,
Rosine Philadelphia,
‘Alms House)...
Female Guardian Society,
Lnnatic Asylum,.
Rendall’s Island,
Ward's Island,
House keeping,
Discharged for improper conduct,
jects for Tax Home, .
1
2
9
Fi
3
1
1
2
4
18
29
2
duty to invite the attention of the
Legislature to a disregard of the provisions of the act of 1847,
by the prison authorities which, (hotgh seemingly trivial, is we
fear not wafreguoutly attended with evil consequences. When a
the demands of the law are
the world, under efreum-
return to dishonest practices, may
gteat a wrong on him, as were the
frands o violence for whieh he has had to pay the penalty to the
State. Such, doubtless, was the humane and equitable motive,
which prompted the direction to the Inspectors (Sec. 48,) to fur-
nish convicts on ther discharge necessary clothing not exceeding
ten dollars in value, and a sum of money not exceeding upon an
average three dollars to each convict, and also the sum of three
cents for each mile to his place of residenee, if within the State,
or of conviction.” It Is difficult to say why so plain a direction
is mheeded ; yet the thet is that many of those that have called
at onr office on their discharge, are clothed in the cast off gar-
ments of other conviets, unsuited to their size‘and figure; and in
some instances torn and ragged. Surely it cannot be considered
‘mock philanthropy,” to protest against this turning a man adrift
with the mark of a jeil bird on his very clothing. Who will
yield him confidence in this condition, or recelve him into the
associations of the Geld, the factory or the shop?
discharged from prisy
3 and to send hin forth in
stanees almost compelling
be, the perpetration of a
[Ascembly, No. 198.] 3
af [Assen
Moreores, the sum of money (3) allowed to a convict on his
Aischarge, is barely sufficient to maintain im for a weeks, and
within that time he must yxoonre honest employment, or go to
the Alms house, © agein, for bread. Thus soctety
the p
ishes. sn inguity
viet should be allowed somo ortion of hk ile ia
prison? And would uot this be a stimulus, to the formation of
S hhabits of obedience to law, of industry and economy t
on, whether the eon
earnings while in
But the custom pursued at our prisons, is In another partiou-
ar more flagrantly wrong. Section 48 of, the Act of 1847, also
provides that the Inspootors shall “ take charge of money and
other orticles brought by the conviets to the prison, and return
the same to them on their discharge.” ‘These “other articles”
too sequently disappear during a convict’s confinement. Not
only is his clothing treated as a forfeiture to the State as well as
his liberty, but even mementos of affection, for convicts are
susceptible of attachments and have sensibilities like other men,
‘aro sometimes cast aside or destroyed with a want of feeling not
particularly commendable in the administrators of justice. Apart
from the cruelty of such deed, here is an absolute destruction of
property, which no aet of the owner or operation of the law had
alienated from him. And in all cases, where the letter of the
statute is not complicd with, to return to tho convict om his
discharge, “the money and other articles” brought by him
{nto prison, there is as clear an act of felony asin picking # man’s
pooket. What au example this, to the convict ! .
‘The law should specliy the articles of clothing to be furnished.
to the convict on his discharge, which it evidently contemplates
shall be in addition to their own, the return of which is provided
for by tho statute; and either by an offleer appointed for this
purpuse, as in the State of Massachusetts, or by arrangement with
this Association, provision should be made to aid all who need
assistance, in entering ona life of useful and honest industry.
‘The condition of a discharged convict is sad enough, st the best ;
he feels that he is a marked guan, go where he may. But when
the Stato itself, by its officials, despoils bim of small matters, of
136)
No. 128.] 35
‘value to no ond perhaps, but himself, when its mandate to him
fs, «Go now and work; for there shall be no straw given you,
yet shall ye deliver the tale of bricks ;” when all men frown
upon him and there 1s none to pity, what wonder Is it that he
considers society his enemy, and seeks vengeaneo at the most
reckless eost ?
By section 108, of the lew of 1847, it is provided that “No
‘eoper in any State Prison, shall inflict any blows whatever
‘upon any convict, unless in self-defence dr to suppress a revolt
or insurrection. If in the opinion of the warden of such prison,
it shall be deomed necessary in any case to inflict unusual pun-
ishment in order to produce the entire submission or obedience
of any convict, it shall be the duty of such warden to confine
such convict immediately in a cell, upon a short allowance, and
to retain him therein until he shall be reduced to submission and.
obedience. The short allowance to such convict shall be pre-
soribed by theiphysician, whose duty it shall he to visit such
convict and examine daily into the state of his health, until the
convict be reléased from solitary confinement ond returned to
his labor.”
From the reports which this committee have heretofore had
the honor to submit; from the evidento of Dr. Fosgate, and
from other testimony presented to the Legislature in the report
of the committee appointed to examine the several State Prisons |
(Assembly doc. No. 20, January 1852,) as well as from a-recent !
{rial before the court of Special Sessions at Sing Sing, Justice
Urmy presiding* (the caso of the people agsinst Henry Hagan
for assault and battery with Intont to kill, it appears that other
punishments than solitary confinement upon short allowance
have been inflicted, and are in almost daily use in all our Stato,
Prisons, and that those punishments are of so unusual and ag-
gravated a character as to endanger not only the health but the
lives of the convicts.
Tseems worthy of the attention of the Legislature, whether
the present law should not be so altered as to allow of the use
1+ Bee Appendix otis rept.
26 [Assmuany
of the water bath, yoke, &¢., as punishments; or adopt some
other method of relieving the prison anthoritles from responsi
bility to the criminal law, for thelr application, of these extra
Jogal or illegal eorrectives to their refractory subjects! or if it
be thought unadvisable to change the statute, as we sincerely
trust it mey never be, should not some method be adopted to se-
enre a compliance with its provisions on the part of the officers,
and thus save them from the hasard of boing themselves sub-
Jected to the felon’s doom?
‘The ladies to whom is confided by our Association, the care of
Aischarged female convicts, in accordance with our charter, have
uring the past year, continued their self denying and some-
times discouraging labors, with undiminished zeal and constancy
Jn this department of our labors we meet with cheering in-
stances of reform, to animate us while combating with opposi-
tion on the part of the authorities, and with indifference or igno-
rance on the part of many of those whe sll themselves by the
name of Him, whose errand to earth was to “bind up the broken
hearted and fo preneh deliverance to the eaptive.”
In conelnsion we respectfully invite the attention of the Legis-
ature to the following extract from our report for 1851 :
Tt has long been our desire to present the condition of our
prisons to the Legislature, comparing thelr mana
fluence bothi on the habits and character of th
the well being of society, with that of prisons eon
ferent systems in other states or countries. To this end we have
collected valuable materials in the shape of xeports of inspeotors,
and wardens, discussions, reviews and pamphlets by able and
enlightened statists, penologis's and philanthropists, and by cor-
respondence with gentlemen of intelligence both in our own coun
try and in Europe. We now need but little elso to enable us to
bring this subject in a proper manner before the Legislature, than
the examination of our own prisous. Laborious as the under-
taking must necessarily be, yet well knowing the amount of posi-
37
tive good which may be effected, we shall gladly devote ourselves
to the task as soon as we ean resume our duties under our charter,
‘ot we shall be called upon by the Legislature.”
‘All of which is very respeotfully submitted.
By order of the Excoutive Committee.
RN. HAVENS.
Toun D. Ress,
Corresponding Secretary.
Now-Youx, Aprid 8, 1852.
APPENDIX.
COURT OF SPECIAL SESSIONS.
Siva Smo, March, 20, 88 2
JUSTICE URMY, Presiding. in
The people ogt Hency Hogan. —Examination of the defendant on
a chargo of assault and battery with intent to kill. A. Hyatt
Esq., counsel for the people; A. H. Wells, Esq., counsel for de-
fendant
‘The prosection was opened by calling as a witness James H.
Ashton, who being duly sworn, deposed aud said :—That on
the 17th of March inst., between 1 and 2 oelock, I went to the
prisoner and told him to count out his work when he got through
with it. ‘The work was punchingholes in hamoirons, He said he
did not know any thing abont counting it out. T told him at
hemustcountitout, he said he would not, and that if it was neces-
sary, I might count it myself. I said, Hagan you know the conse-
quence of talking in that way and refusing to do as you are told.
He said he did not care a @—n for the officers and the rules of the
institution, and at the same time jamping on to his feet. T told
1 to sit down, he refused ; I told hitn # second time to sit down.
Jdmeto stand back, amd at the same time gritting his teeth
slenching hisfist. Expectiug to be attacked by his fist ora
fo, I turned round and got my cane, and as I turned to Hagan
was coming towards me with a large wrench ; it was an iron
teh, 18 inches long, used for punching holes in kame irons.
‘ged my cane to prevent him coming towards me, and struck
im. He struck off my blow and hit me on the wrist;
then clinched the wrench in my lefthand and pushed him down
overa hameiron rack. He jerked the wrench ont of my hand and
struck me on my head. He then got up and threw me down on
some boxes, and struck meagain when I was down with the same
wrench on my temple. T.got upand wiped the blood from my
eyes and found him with alarge blacksmith’s poker. He was pre~
vented from coming at me again by other convicts. I then sent for
\35\
No. 123,] 39
relief, Mr. Andrews, Mr. Obvistic, and Mr. Foster, eame and
took im out. Tama keeper in the Sing Sing prison. Hagan
‘was coming towards me when T first struck at him, and bad told
tne to stand back, I had pantshed Hagan at different times pre-
‘viously For bad eonduct
Cross-ecomined,— I have been a keeper in that shopsince Au-
gnstlast, dasingallof which time Hagan hasbeen there #8 con-
viet. . Ihave punished him three or foer times during that period.
1 showered him once for tearing hished ; Tsheved bis head once
for having a razor and a Joolsing glass In his yoom, and I pat him
Ina dark coll for breaking the lever of his punch ‘Two of these
punishments were by order of the waxden, the other was direct?
‘ed byMr, Lent. Mr. Christie reported him for teaving his bed,
and I saw him break bis wrench carelessly. He did not resist
either punishment, exeept the shower bath for tearing his bed.
Ve sald at first he would not go into the path, but finally did go
in without force or viclenee. It is not unusual for convicts to
threaten, talk, get angry, and say they will not obey. Hagan
ever made any atfempt at resistance except on this occasion! Hogan
‘made no attempt to strike me wntil I struck at him, and in
warding off my Blow he hitme upon my swerist. After that I elinch-
‘ed the wrench and pushed him back, and he fell upon the rack.
T know that Kenpers haveno right to strike convicts except in self-de-
“fence, Lnever strvek a conviet before. Convicts have reftised
to obcy mo but never elenched their fists to me.
I hadadifficulty with convict MeMannis a short time previous
to this, who refusell to work. He was sent to punishment, and in
Jeaving the shop he shook his finger at me in a threatening man-
ner, After this quarrel, Hagen was taken to a dark cell until
agent Lockwood eame; then he was taken out, his head was shaved
and he wasshowered. Mr. Andrews showered him. Twas pres
ent when he was showered. I will not swear that Mr. Andrews
gave him no more than three barrels of water.
Q. Where was the water taken from that he was showered with ?
Objected to and the question overruled,
NoofiicerbutMr. Andrews showered him to my knowledge. ;1
saw Galen 0. Weed, a keeper from Smith’s weave skop, handing
4 [Astsane
“up water by the bucket full, which was turned into the strainer
In addition to the streain which wes running from the tenk. Ha-
gan was also yoked for this offence by Gen. Lockwood's order.
saw him yoked. Isace Van Wart,a guard, a done of the convicts
helped screw lin up in the yoke.
Ger, Lockwood, Mr. Andrews and myself were present, Tm-
mediately after being showered the yoke was puton him. do
not know how tong the yoke was on him. He was yoked in the
shower-bath and taken to theshop with the yoke on. He was yok-
ed about 3 o'clock, and he had the yokeon when I left for home.
nover saw Hagan after that until to day. Ihad not previously
told Hagan that I would put him through belore Saturday.
told him ho was very foolish as there was time for him to be pun-
fshed before Saturday. I do believe that Hagan would have
‘struck me if Thad notattempted to strike him. When I first went
‘up fo him he had not the wrench in his hand. He did not offer to
take up the wrench when I first talked with him. I then tamed
round aud got my cane, he then pieked up the wrench and came
towards me, Hagan worked about two yards from my desk
where I left my ‘Thecane I raised tostrike him with isthe
same I now have in const, Ie is @ hickory cane, 3 feet long, 1h
inches thick ut the budt, with a brass and iran ferrule, & inches Long,
at the small end.
Dicect, resvmed.—It was between 1 and 2 P. M. that T told
Hagan to counthis work. Idonot know bis reason for not count-
ing the work. He said he did not know anything about counting
it. I told him a second time when he said I could count it my-
self, Itold him he know the consequence of talking in that way
He thon said he did not care a d—n for all tho officers and pune
ishments there was in the prison. He then got up on his feet,
I told him to sitdown, He refased. 1 told him he was foolish.
He told me to stand back; clenchinz
I was 18 inches from him then.
posed he was going to strike me. My object was to defend my-
self. Then ho picked up the wrench which lay alongside of
him... He was three feet from me when I struck him. He struck
ahout the same time I'did.
2st
No. 128.] a
Cross-evamination resumed.—Hagan’s work had been changed
from task work to day’s work, which continued from bell to bell.
I told the prisoner he must work from bell to bell. If was not the
tule of the shop to require the men to count their work who worked
Frombell io bell, The clench took place near my desk. T made
this complaing ogainst Hogan at the suggestion of Gen. Lockwood
aad Mr. Andrews. Lockwood and Andrews are the same persons who
punished Hagan in the shower bath. do not know their reasons
for desiring this complaint to be made.
Direet, resumed.—Hagan was discharged from prison this morn-
ing by expization of his sentence, as learned from the prison
books. Inever saw any one kick Hagan.
James Mo Mahen,a convict, ealled by the prison officers and
wom. The counsel for the prisoner objected to this ‘witness on.
the ground of incompetency. ‘The counsel for the State mantain-
ed thatalthough a convict he wasa competent witness against @
convict. The Justice finally admitted the testimony with the un-
derstanding that, if desired, conviets might elso be called forthe
prisoner.
Q, Are you a convict in the Sing Sing Prison?
Tam, and haveabont a month longer to stay.
I Did.
i
Q. Did you witness the affray between Ashton and Hagen?
A
Q
. State the circumstances exactly ‘as they took place.
‘A. Hagan was sitting at his press at work, when Mr. Ashton
came up and spoke to him. ‘The words I could not hear for the
noise of the machinery, drums, wheels, &e. I worked 24 yards
fom Hagan. The words came pretty harsh from Ashton, who
shook his head in a menacing manner. When Ashton made a
motion with his head and spoke pretty harsh, Hagan got off Iis
seat and stood up. ‘The words then came pretty fast from both,
but I could not understand them. Mr. Ashton, with that, return-
ed to his desk, took his club and came back. When Hagan saw
him take his club he turned round to his bench and took hold of
42 JAssexmey
wrench. When Ashton returned he up with the club and made
a fall blow at Hagan, just with all his might. Hagan raised his
am to protect his head and received the blow upon his arm.
Magan then lifted the wrench and made for Ashton, but Ashton
crowded him, got hold of him and gothim downagaiusta wooden
stand, Hagan npon his back and Ashion top of him, endeavoring
to get the wreich away from hin, but eould not do it. Hagan
while he lay upon his back and Ashton on top of him, tapped
Ashton twice on the head with the wrench. Hagan then got up
in spite of all Ashton eonld do hy taking Ashton by the thigh and
raising him. He got Ashton against » bench and then changed
his hold and took Ashton by the foretop. He then tried to tap
Ashton again with the wrench, bnt Ashton guarded it off with his
arm. ‘Theseuiife continued nati) they got to the end of thebench,
where Hagan got Ashton down and held him by the hair of the
head. With that Mr. Ashton halloved murder! then ran from
ray anvil, and got hold of Hagan, and said he should not strike
him any more, T was assisted by Thomas Newell aconviet, who
took the wrench from him. ‘That is all {saw of the matter, I did
not hear Hagan soy anything while they were fighting. If he
did say anything I do not recollect it, Ashton said nothing but
smnrdor! I never heard Hagan say that le would kill Ashton.
Upon my oath Enever heard Hagen threaten Mr. Ashton.
cupped bis elab when they clinched. Mr. Ashton cttucked Ha-
gan first with a full Mow of theclub. When Ashton aimed the first
Blow af Hogan the latter slood at Ais on press where he worked; Ash-
ton knocked Hagen down. Ashton was cool and collected when he
went for his elub and when he first struek Fiegan, and he remain-
ed so till they got clenched.
Q. Was or wes not Mr. Ashton “down npon” Hagan previous
to this affair?
Objected to and objection over-ruled.
A. As aman of my oath cou'd not say that he was down up-
‘on Hagan more than upon any other man.
No. 198,} “3
Thomas Newell, # couvict,
sworn.
Hed by the Prison off
Examined by A. Hyatt, Esq. semana
Witness says he was present at the aflray between Ashton and
Hagen. First saw them down about four yards from where wit-
ness was at work, Did not see the commencement, and did net see
any blows given by either side, Did not hear anything said by etheg
of thom. Never tweard Hagon wake any threats ageinstsAshten
Never heard Hagan say anything about Ashton previews to the
fight or at the time it took place. When I took the wrench frome
Hagan’s hand he sald, « do not let the keeper heve it.” When the
Aaght was over Hagan tan to my fre and took out asixteen pound
catter, and sald he would kill the d—n s—n of ab—b. I took
it from him. Hagan said he did not care what he done, that he
would knock him in thehead He then caught up a poker which
Talso took away from him. Hagan seemed like bel is
Tne Sak iva re ed like being out of his
rr [Asszamuy
The Prison Asvovition of Na York in acooent with W.C. Gidman,
5 Dr,
1951, To cash paid for sorviees, rent and other expenses at the
office in Centre strect,....... $1,083 42
Paid for discharged conviets,, 304 06
Paid financial agents,......4 408 19
Paid rent of the Home for
Fomales,. ~
Paid treasurer of the female
department,
375 00
g2j889 27
Balance to'new account; . 53 38
‘The Prison Association of New-York in account with W. C, Gilman,
Treasurer.
Cr
By balance of late Treasurer, Wat
Chauncey, Esq. Tee
Collections by F. W. Fanes,..
4 by JW. Schermer
horay..s+ ++
of sundry individ-
nals,
at Rev. Dr. Potts?
churehy....+4+
at Rey. Mr. Storrs?
churely... see
Returned by a discharged con-
viety..«
$550 75
1,798 24
95 00
111 88
Dee. 31. By balance on hand, .
ELE. Wew-York, Dec., $1, 1851.
W.C, Giumax, Treasurer.
AN ACT
‘fo incorporate the Prison Association of New-York,
passed May 9, 1846, by a two-third vote.
The People of the State of New-York, represented in Senate and
Assembly do ennet as follows :
§1, All such persons as now are and hereafter shall become
members to the sald Association, pursuant to the constitution
thereof shall and are hereby constituted a body corporate by the
name of “he Prison Association of New-York,” and by that
aame have the powers that by the third title of the eighteenth
chapter of the first part of the Revised Statutes, are declared to
belong to every corporation ; and shall be capable of purchasing,
holding, and conveying any estate, real or personal, for the use
of said corporation: Provided, that sueh real estate shall never
exceed the yearly valuo of ton thousand dollars nor be applied to
any purposes other than those for which this corporation is
fornded.
§2. ‘The estateand concerns of said corporation shall be managed
and condnoted by its executive committee, in conformity to the
constitution of the said corporation ; and the following articles
that now form the constitution of the Association shall continue
to be the fundamental laws and constitution thereof, subject to
alteration in the mode therein preseribed.
Annece 1
The objects of the Association shall be,
1. ‘The ainelioration of the condition of prisoners, whether de-
tained for trial, or finally convicted, or as witnesses :
2. The improvement of priron discipline, and the government
of prisons, whether for cities, or counties, or States
46 [Assent
8. The support and encouragement of reformed convicts after
their discharge, by affording them the means of obtaining an
honest liveliood, and sustaining them in their efforts at reform.
Anriece I.
The officers of the soefety shall be, a president, four vice-prest-
dents, a recording secrets y, end a
treasurer, and there shall be the following committees, viz: a
Anniece IT.
The officers named in the preceding article shall be ex officio
members of the exeentive committee, who shall choose ono of,
thelr number to be chairman thereof.
Anmeze IV.
The executive coumittee shall meet once in each month, and
keep regular minutes of their proceedings. ‘They shall have a gen-
eral superintendoneo and direction of the affairs of the society,
and shall annually report to the society all their proceedings,
and such other matters as shall be likely to advance the ends of
the Association.
Aanictr V.
‘The society shall meet annually in the city of New-York, at
such time and placo as the executive committee shall appoint, and
at such other times as the president, or, in his absence, one of the
vive presidents, shall designate,
Annicun VI
Any person contefbuting annually to the funds of the Assocta-
tion, shall, during such contribution, be a member thereof. A.
contribution of five bundred dollars shall constitute a life patron ;
acontribution of ono hundred dollars an honorary member of
the executive committee for life ; and a contribution of twenty-five
dollars shall constitute a member of the Association for life.
Honorary and corresponding members may from time to time be
appointed by the executive committee.
No. 123.]
Annete VII. aS
A female department shall be formed, consisting of such females
as shall be selected by the exeentive committee, who shall have
charge of the interest and welfare of prisoners of their sex, under
such regulations as the exec:tive committee shall adopt.
Annies. VIII
The officers of the Association shall be chosen anntaily at the
annual meeting, at which time such persons may be elected hon-
orary members as shall have rendered essential service to the
cause of prison discipline.
Anniece IX.
Any society having the same objects in view may become auxil-
lary to this Association by contributing to its funds and eosperat-
ing with it,
Anricuz X.
The executive committee shall have power to add to any of the
standing committees such persons as, In their opinion, may be like-
ly to promote the objects of the society; and shall have power to
{ill any vacanoy Which may occur in any of the offices of the Asso-
ciation, intermediate the annual meetings.
Annece XI.
This constitution may be amended by a vote of the majority of
the soclety,at any meeting thereof, provided notiee of the amend-
ment has been given at the next preceding meeting.
‘The officers elected for the current year under the constitution
shall continue to be tho officers thereof until others shall be duly
chosen in their places.
And it is hereby furter enacted, that no manager of said society
shall receive any compensation for his services.
48. The said executive committee shall have power to establish
a work-honse in the county of New-York, and in their discretion
to receive and take into the work-house all such persons as shall
be taken up and committed as vagrants or disorderly persons, in
said city, as the court of general sessions, of the peace, or the
48 [Asemmx,
court of special sessions, or. the Const of Oyer and Terminer, in
said county, or any police magistrate, or the commissioner of the
alms-house, may deem proper objects; and the said executire
committer shall have the same powers to keep, detain, exmploy and
govern the said porsons, a8 are now hy law conferred on the keep-
ersof the bridewell or penitentiary in said city.
§4. The snd executive committew may trom tne to time make
by-laws, ordi ive to the management
and disposition of the estate and eoncems of said Association, and
the management, government, instruction, diseipline, and employ-
ment of the pe: ted to the said wo
house, not et wv, a8 they may deem proper; and may
appoint servants as, they may deem ne-
cessary to and may
designate their duties. And ‘committee shall
make an aunwal report to the Legislature, and to the corporation
of the city of New-York, of the ammber of persons recelved by
s9, the disposition which shall be made
of them Ly instmneting or employing them therei reeelpts
and expenditures of said executive committee, and generally all
sach fects and particulars us may exhibit the operations of the
said Association.
§6. ‘The suid executive committeo shall have power, during the
minority of any of the persons so committed to the said work
house, to bind out tho said persons; ¢o being minors as aforesaid,
28 apprentices or servants, with thelr consent, during thelr minor-
Ity, to such porsn fo learn stich proper trades
and employ: ‘will be most conducive to
their reformation and amendment, and fature benefit and advan-
tage of sch persons.
§6, ‘The said execntive committee, by such committees as they
shall from time to time appoint, shall have power, and it shall bo
their daty, to visit, inspect and examine, all the prisons in the
State, and annually report to the Legislaeure, theirstate and con
dition, andall such other things in regard to them as may enable
the Legislature to perfect their government and diseipline. And
tocnable them tocxecute the powersand perform the duties here-
”
voy granted and imposed, they shall potsess all the powers and'an-
thority that by the twenty-fourth section of title first, chapter
third, part fourth of the Revised Statues, are vested in the Inspecr
‘ors of county prisons; and the duties of the keepers of each
prison that they may examine, shall be the same in relation to them,
asin tha seetion aforesaid are Imposed on the keepers of such pris-
‘ons ins sslation to the Inspectors thereof: Provided, that no such
examination or inspection of any prison shall he made until an
‘onder for that purpose, to be granted by the Chancellor of this
State, or one of the Iudges of the Supreme Court, or by a Vice
Chancellor or Cireutt Sudge, or by the first Judge of the county
in whieh the prison to be examined shall be situate, shall first
have been had and obtained, which order shall speeify the name
of the prison to be examined, the names of the persons, members
of the raid Association, by whom the examination is to be made,
and the time within which the same must be concluded.
Srars or New vox,
1m Senate ‘oy, eae”
This bill having been read the third time, two thirds ofall the
members elected to the Senate voting in favor thereof,
Resolved, That the bill do pass.
By order of the Senate.
A. GARDINER, President,
Srars or New-Youx,
In Assembly, April 24, 1846
‘This bill having heen read the third time, and two thirds of all
the members elected to the Assembly voting in favor thereof.
Resolved, That the bill do pass.
By order of the Assembly
WM. ©. CRAIN, Speaker.
Approved this 9th day of May, 1846,
SILAS WRIGHT.
State oF New-Yorr,
Secretary's ofice
have compared the preceding with an original Taw on filein
this office, and docertify that thesame isa correct transcript there
from, and of the whole of said original.
[Assembly, No. 122. 4
50 [Assrmsex
In testimony whereof I have hereunto affixed the seal of this
office at the city of Albany, the fifteenth day of May, in the year
of our Lord one thousand eight hundred and forty
ARCH'D CAMPBELL,
Dep. Sec. of Slate,
Revise Starozs, Part IV, Chap. 3, Title 1
4 24. It shall be the duty of the keepers of each of the sald
prisons to admit the sald Inspeotors, or any one of them, into every
part of such prison; to exhibit to them, on demand, all the books,
papers, docusients aud accounts pertaining to the prison, or to the
persons confined therein; aud to render them every other facllity
in their power to enable tent to discharge the duties above pre
seribed. And for the purpose of obiaining the necessary informa
tion, to enable them to make such report as is above required, the
said Inspectors shall have power to examine on oath, to be admin
stored hy either of the sald Inspectors, any of the officers of the
sald prisons, and to converse with any of the prisoners confined
therein, without the presence of the keepers thereof or any of
them.
I. There shall be a stated meeting of the executive committee
on the fourth Monday of each month; and a special meeting shall
be held at any time, on the requisition of either of the standing
‘committees, or the chairman of the executive committee, or chair-
man of any standing committee.
II. At every meeting of the exceutive committee, stated or spe-
cla], the attendance of seven members shall be necessary to con-
stitute a quorum.
III. Tho order of business at every stated meeting shall be as
follows
1. The reading and adoption of the minutes of the last prece-
ding meeting.
2 Reports from the standing committees in the order in
which they are named in the constitution of the Society.
3. Reports from female department.
4. Report from corresponding secretary
5. Reports trom special committees.
6. Motions and resolutions.
‘The business first in order at a special meeting shall be the sub-
ject for the consideration ef which the meeting shall have been
called; and no other subject shall be brought before the meeting,
except with the consent of a majority of the members present.
IV. The chairman shall nominate and appoint all special eom-
mittees; and no person nominated by him shall be excused, unless
‘upon reasons, assigned by him, that shail be approved by the meot-
or [Asseamuy
Sng; but @ chairman pro tem. shall not have such power, unless
authorized by the meeting,
YV. The chairman shall decide all questions of order, subject to
an appeal; and the rules of order shall be the same, so fur as th
are applicable, as those of the House of Assembly of the Legisla-
ture of New-York.
It shall bo the duty of the stnanee comintitee +
- To xeceive end pay over to the treasurer of the society all
moneys received, cither as donations oF for memberships.
went of all bills against the
shall direct; but
no bill shall be pald hy the treasurer, unless approved by
the coi countessigned by the ehairman theres
‘To invest end control
under the authe
s of the society,
nmittes.
|. To have power, under the same authority, to employ one
or more agents to obtain members and collect subscriptions
to the Society ; and it shall be their duty to make a report,
at each mon! Ing, of thelr proceedings and those
8. To anuuslly examine end report upon the treasurer's ac-
counts, and to audit the seme,
VIL. The following shall be the duties of the committee on
detention
1. To Inquire into the causes of commitment of all persons
detained for trial, or as witnesses, In any of the prisons of
ies of New-York: end Broolslyn, and to adopt proper
ie discharge of such as shall ap-
isous under thelr charge, and to
the prisoners, by
training them to habits of eleantiness and exercise; by se-
m comfortable acco
endeavor to improve #
odations, having @ re-
No. 123.| 38
gard to space, light and temperatures by procuring for them
suitable employment; by providing them with books, or
‘other means of mental occupation; by securing such a sepa-
ration and elassiication as shall preserve the young, the in-
nocent, and the less hardened, from the conteminating in-
tercourse of the more depraved; by obtaining for them
honest and able legal advice; and generally, by bringing all
practical, moral, and religious influence to operate upon
their minds.
VIL. It shall be the duty of the committee on discharged eon-
iets,
I. Under the authority of the executive committee, to em-
ploy an agent for the relief and aid of discharged convicts,
and for the performauee of its daily routine of duties; whose
place of business shall be at the general office of the As-
sociation,
. To keep a record of all commitments to our State prisons,
and Now-York and Kings county prisons, of the erime of
which each person was convicted, of the date of his eom-
mnitizent and discharge, and allother important information
thereto appertaining.
‘To open a correspondence with the prison agents or su-
perintendents, relative to the character and trades of pris-
oners, and to ascertain previous to the discharge of each
prisoner, his feelings, views and capabilities, with @ view
to making the best arrangements for his fature employ-
ment.
‘To keep a record of all persons who will employ dischar-
ged prisoners, and of their several occupations; to procure
employment for prisoners applying therefor, as seems best
adapted to the capacity of exch; to hold correspondence
with employers, to keep a record of the behavior and pros-
pects of those for whom places are obtained, that they may
be sustained and enconraged with the idea that a continual
friendly interest is felt for them,
To endeavor to procure snitable boarding places for the
discharged prisoners, where they will not be exposed to
v4 [Assespor
‘corrupting influences; taking care not to have more thm
one in a place, when if ean be avoided.
6. To see that the prisoners are provided with suitable, cloth.
ing, of a kind that will not attract attention, and point
them out as convicts.
IX. The general duty of the committeo on prison discipline
shall be supervision of the internal organization and managément
of the prisons in which convicts are confined, embraeing the moral
and physical influences to be exerted on the prisoners during
their confinement.
‘This duty shall be comprised under the following general heads:
Health, Under which shall be included diet, dress, cleanliness,
warming of prisons, ventilation, exercise, modes of employment,
insanity, and medical treatment generally.
Reformation. Including the classification of prisoners according
to age, sex, physical condition, character and numbers; instrac-
tion, religious and ordinary; moral treatment, isolation and inter
course; rewards and punishments; the visitation of friends, and
pardons.
Financict system, Embracing conviet lebor, prison revenues
and expenses.
Administration and supervision. Comprising the mode of appoint-
ing officers, their qualifications, duties, abuso of their powers, and
the internal police regulations of prisons.
Comparison of prison systems and reforms. Including the collee-
tion of works and reports, correspondence with other societies,
superintendeneo of prisons, and persons interested in prison dis-
cipline. The collection of statisties, and their publication under
the order of the Association.
Visitation. The visiting of State, county, and city prisons inclu-
ding houses of reformation of juvenile delinquents, at such perl-
ods and in such manner as the committee may from time to time
determine. :
5\
Xo. 193.) 58
Criminal laws. Their character and influence on the eommission
of vice and crime.
X. Hach standing committee shall have power to appoint its
own chairman and secretary, and to divide itself into as many
sub-committees as It may deem proper; and each committee shall
make a report of its proceedings at each stated meeting of the
executive committee.
XI. The recording secretary shall be the secretary of the execu-
tive committee, and it shall be his duty to keep the minutes of
the proveedings of the committee, to record them in a book to be
} provided for that purpose, and to give due notice of all meetings
of the committee.
XII. 1. The standing committees shall meet in their order, on
the Wednesday, Thursday, Friday and Saturday of tho
week, preceding the regular meeting of the executive com-
mittee; and the recording secretary shall give due notice
thereof.
. Tt shall be the duty of each standing committee to report
to each monthly meeting of the executive committee the
number of meetings held, and the names of the members
attending at each
XIUL. If it shall appear from the report of any standing com-
ittee, thet any member has not attended any one of these meet-
ings during the preceding three months, the member so neglecting
tmattend shall, if no satisfactory excuse be offered, be deemed to
have resigned as a member of such committee, and the execative
committee may proceed to appoint another in his place.
XIV. No person shal! be added ase member to any of the stand-
ing committees unless the committee to which he is to be added
shall have seported his name at a preceding meeting of the exeeu-
tive eommitice, and shall have stated that the member so propo-
sed has consented to serve. No person, s0 proposed, shall be elee-
ted as 2 member unless by the votes of two-thirds of all themem-
bers present; and every such election shall be made by ballot,
unless by unanimous consent the ballot be dispensed with.
