(J30

1857

BANC

University of California • Berkeley
The Peter and Rosell Harvey

Memorial Fund

>5'^^

IN ASSEMBLY.] LEIGHTH SESSION.

REPORT

OF

COMMITTEE ON STATE PRISON,

SUBMITTED

FEBRUARY 26th, 1867.

JAMES ALLEN, STATE PRINTER.

REPOKT.

Mr. Speaker :

Your Committee to whom was confided the investigations concerning the
State Prison, beg leave to Report :

Five of our members, consisting of Messrs. Rogers, Shuler,* Edwards, Jessup
and McKune, were directed by resolution of this Assembly to proceed to the
State Prison at Point ban Quentin, and make personal examination into the
affairs of our Penitentiary, with full power to send for persons and papers and
to administer oaths. "^

That sub-committee, on the 27th day of January last, proceeded to make
their investigations. They found the Prison under the control of James M.
Estell, under a contract dated March 26th, 1856, with R, M. Anderson, G. W.
Whitman, and Henry Bates, Board of State Prison Commissioners, and a sup-
plementary agreement made April 3d, same year, between same parties.

The Act of 1856, (Session Laws, p. 48,) under which that contract was
made, provides for the making of such contract and authorizes the Commis-
sioners to pledge the State to pay a price for keeping the prisoners, not exceed-
ing $15,000 per month ; the Act also appropriates the sum of $15,000 per
month, or such sum per month less than that amount, in accordance with the
contract to be made by the Board of Commissioners.

By the terms of the contract, the State Prison property, consisting of thirty-
six acres of land, prison, and houses, and all improvements — also all shipping,
vessels, boats, fixtures, implements, tools, furniture, stock, and all other property
of the State, connected with the Prison, with the labor of the prisoners, were
farmed out to Mr. Estell for the term of five years ; and the Commissioners
agreed, on behalf of the State, to pay $10,000 per month for the safe keeping
of the prisoners, iu addition to the lease of said property.

By the Act referred to, the Board of Commissioners were required to per-
form certain duties in attending to the Police of the Prison. They were re-
quired to visit the Prison from time to time, and examine into its government,
and from personal observation and conference with the Directors, to change,
alter or abolish such rules and regulations as, in their judgment, might be found
necessary.

The State Prison Directors were required by law to give their daily attention
to the enforcement of such rules and regulations.

The Lessee of the Prison, by the terras of his contract, agreed to receive and
take charge of all convicts confined in the Prison at the date of his contract, or
any other State Prison which may be established, and also to receive and take
charge of all who might be convicted and sentenced or committed to imprison-
ment in the State Prison during the said term of five years, and that he would
safely keep the said convicts, as required by law, in said Prison or Prisons, for
the said term of five years, at his own cost and expense.

He further agreed to establish and erect such buildings, prisons, and walls,
and make other improvements on the State Prison grounds, or those purchased
by the State for that purpose, as would conduce to the safety and convenience
of properly keeping, securing, working, clothing, feeding and medical attend-
ance for the State convicts without cost to the State ; and he further agreed to
furnish the State Prison Directors with fuel and provisions when necessarily re-
siding at the Prison.

CONDITION OF THE PRISON GROUNDS.

By referring to the report on State Prison by Joint Committe of Senate and
Assembly, printed and bound with appendix to Assembly Journal for 1856, it
will be seen that a title to a portion of the Prison grounds was in dispute at the
time that report was made. Your committee have not ascertained that any
steps have been taken by the Slate to clear up the clouds upon the title mentioned
in that report, and the matter will claim your further attention.

The selection of Point San Quentin as a site for the State Prison, although it
has some natural advantages, was, in our opinion, ill advised. The situation of
the Prison upon a point of land surrounded by water, may enable fewer men to
guard the prisoners scattered over a large surface than if situated further in the
interior, but practically but little benefit is derived from such location. The coun-
ty of Marin is thinly settled, and but little aid can be derived from citizens in case
of an emeute. The immediate vicinity of the Prison is so uneven that persons
outside the walls can readily secrete themselves, and at no great distances are hills
covered with chapparal. If a prisoner escape to those hills he may secrete himself
for any length of time and escape at his leisure.

The Prison is neither located on any great thoroughfare of the State nor in a
central position, and the consequence is that there is much more difficulty and ex-
pense transmitting prisoners than would exist at San Francisco or Sacramento.
Sheriffs taking prisoners to San Quentin from the northern counties are compelled
usually to stay at San Francisco one night, and then run the risk of getting a
boat to proceed to San Quentin the next day ; in the meantime, in addition to the
expense, there is additional difficulty in securely keeping the prisoners.

But the expense of building the Prison at that point having been incurred, it
would be impracticable at this time to remove it. The north wall of the Prison is
202.06 yards long ; the east wall is 497; the south wall 224.04, and the west wail
is 493.03 ; and it appears to be sufficient for all purposes of a prison wall.

The prison building contains in the second story forty-eight cells for close con-
finement of prisoners. The cells are by feet in the clear, and are

now fitted up for sleeping apartments, four beds in one cell. The building itself is
thirty feet wide from north to south, and one hundred and eighty-six feet long from
east to west. The room of the turnkey is in the first story, in east end of the
building, and the residue of the first story is occupied by a single room one hun-
dred and sixty feet long, with beds for two hundred and twenty- eight men. The

entrance to the cells in the second story is from the balcony, and the number of
cells is not sufficient to accommodate the number of persons who should be con-
fined in cells. There should be an additional building erected of at least the ca-
pacity of the one above described, to accommodate the prisoners with suitable
quarters. The building should be so constructed that the entrance to the cells
should be from a hall, as that can be more readily guarded than a balcony.

The committee have no means of knowing how much grading has been done
within the walls of the prison during the last year, but they have every reason to
believe that improvements in that respect have been made to a large amount, and
that in a few months the grading will be completed.

There are at present large amounts of lumber lying loose about the prison yard,
thus giving facilities for scaling the walls, which should be removed, and thus
chances of escape avoided.

The Lessee has, within the last year, under his contract, commenced the con-
struction of a wharf, about four hundred yards east of the prison, which, when
completed, will enable steamboats at all stages of the tide, by going about a mile
and a-half out of their course to and from San Francisco, to land and discharge
their freights. This is rendered necessary, when we consider that at this time, and
as the wharfs at the prison are now located, vessels of any considerable draft can
only pass the bars at high tides.

The Lessee has also commenced, and has now nearly finished two ranges of
work shops, raoie particularly described in Exhibit No. 1, herewith submitted.

These workshops should have been erected long since, and the prisoners should
have been required to work within the walls. There are several buildings out-
side the prison walls now in use as offices, store-houses, bakery, eating apart-
ments; a portion of them are on lands not the property of the State, but are in
constant use as prison property.

CONDITION OF PRISONERS.

The sub-committee mentioned, on the 29th day of January, proceeded to make
their examinations of the prisoners.

The lessee placed at their disposal the officers of the Prison, who called into
the Prison yard all the prisoners whose attendance could be readily secured.
The committee had provided for use a list of all the prisoners, which according
to the books of the Prison should be present. Each prisoner, as his name was
called passed from the circle in which he was standing in view of the committee.
The committee found present at the Prison and Island 459 convicts, the names
of whom are herewith submitted in exhibit No. 2. These men were in general
sufficiently well clothed for pleasant weather, but for stormy there should have
be^ additional clothing. There was a want of shoes among some of the con-
victs, and the lessee should be compelled by rules to furnish additional supplies
of clothing, so that prisoners at all times, at least during winter, should have
shoes. None, or at least but few, of the convicts were furnished with socks. At
this season of the year, in the opinion of your committee, each prisoner should
be famished with a change of clothing, including socks, and more attention should
be paid to the cleanliness of the convicts by requiring them to change their
clothing. The ten convicts said to be on the ranches, we did not see, and the
two at San Raphael were not seen by the committee. There were six prisoners
not found at the Prison and not accounted for by the officers of the Prison.
Their names are shown in exhibit No. 2. We have no means of knowing where
these prisoners are or what they are employed about, except the convict Esparza.

'■I The labor of the prisoners has been employed during the year last past, mostly
ih improving the Prison grounds and in making bricks.

Bricks are made outside the Prison walls, and the convicts while at work are
under guards, who watch their movements, and prevent escapes, and about
1,000,000 of iDricks have been made at tlie Prison during the past year.

The convicts not found at the Prison were of four classes :

1st. Those at Marin Island quarrying stone.

2d. Those working on ranches occupied by the Lessee, from one to three miles
distant from the Prison,
r 3d. Those on board boats of the Lessee,
' ^ 4th. Those allowed to work for citizens at San Raphael.

The names of those convicts thus engaged are shown in exhibit No. 2.

The said sub-committee examined the provisions used in feeding the prisoners
and report that the flour used is of coarse quality, but sweet and well adapted
to the use of prisoners. The same remarks apply to the beans used. We ex-
amined the hams and bacon used, and consider the lot on hand as unsuitable for
provisioning the Prison. Some of the pieces were in the last stages of decom-
position. These were thrown aside, and the better quality only used, but the,
rules of the Prison should require the use of uncondemned meat. For the quality
of the hams used for the last month see exhibit No. 3, being the deposition of
E. H. Pomeroy, Commissioner of the Prison, see also the exhibits annexed to
same deposition for a copy of the issue sheets, for the months of October, Novem-
ber, December, and January last. While cattle could be readily procured, fresh
beef was used, but later in the season ham was substituted.

The witness states that he heard no complaints of the quality, but he did as to
the quantity of beef distributed.

THE " TRUSTS SYSTEM."

In conducting the affairs of the State Prison of California, a system of favoritism
has obtained, not known in any other country, commonly called the " trusty
system."

The depositions of E. H. Pomeroy, (exhibit No. 3,) George W. Wells, (exhibit
No. 4,) C. E. Meridith, (exhibit No. 5,) deposition of William Parsley, (exhibit
No. 6,) and Wm. H. Woodcock, (exhibit No. 7,) herewith submitted, show the
workings of the system as now practised. It was probably inaugurated immediately
after our State Prison had existence by the present Lessee, and has been continued
ever since. It consists in granting certain of the prisoners special privileges. Such
are permitted to sleep outside the prison walls; they need not be present at roll
call; they are not confined within the guard lines; they are permitted and selected
to man the boats and go to different parts of the State; they are used to work on
ranches, not under guard, at a distance from the prison, and not watched by the
officers; some are allowed to work as servants in the vicinity of the prisons, others
Ji^ve been allowed to go to San Francisco unattended.

1.^' A list of these " Trusties" is annexed to the deposition of E. H. Pomeroy, in
exhibit No. 2.

One of those " Trusties," Francisco Esparza, convicted for grand larceny, we
could not find at the prison. The committee were informed at the prison that he
was at the Island; at the Island, that he was on the boat, and we were unable either
to find him cr to get any information at the prison where he was. We made in-
quiry of General Estell as to his whereabouts, and he did not know there was such
a person.

R7

The deposition of Hon, Martin E. Cook, herewith submitted, throws some light
on the subject, which illustrates the working of the " Trusty System."

The 93d section of the Act of 1850, concerning crimes and punishments, (Com-
piled Laws 657,) reads, "and if any person or persons shall set at liberty or
rescue any person who shall have been found guilty or convicted of crime, the
punishment of which is imprisonment in the State Prison or in prison, the person
so oiFending, on conviction thereof, shall be sentenced to the same punishment that
would have been inflicted on the person so set at liberty or rescued.

By common law, any person guilty of " an escape'' was punishable, and an
escape was defined to be the deliverance of a person, who is lawfully imprisoned,
out of prison before such person is entitled to such deliverance by law. He that
aids, assists, or counsels any one to aid or assist a convict to escape, would be guilty
under the law of such escape.

Even in civil cases, the defendant arrested must he held in corporeal bondage;
" duress of imprisonment" has a technical meaning, and any privilege extended by
the keeper which avoids that duress will constitute an escape.

It was decided in 2d of Mason's Reports, 486, that when the keeper of a prison
made use of the prisoners confined for debt, as turnkey, and trusted him with the
keys, he was guilty of a constructive escape.

The judgment against a party convicted, is, that he be imprisoned in the State
Prison. It is not sufficient to satisfy that judgment that he be attached to the
establishment of the Prison for the mere accommodation of the Directors or
Lessee. Prisoners are not sent there for the purpose of working merely, or at-
tending to domestic duties in private families, or for the purpose of acting as
clerks, turnkeys and general servants about the establishment, free of that per-
sonal restraint inseparable from the idea of imprisonment.

Your Committee believe that the letter and spirit of the law required a radi-
cal change in the management of the Prison in this regard. The Directors who
had charge of the Prison before the Lessee took possession under his present
lease, disregarding the law in the premises, neglected to keep prisoners in cus-
tody, but permitted them to go at large, on trust ; and the extent to which the
system has been carried under the lease has been a cause of serious alarm in the
vicinity of the Prison. It is to be regretted the trusty system was ever inaugu-
rated, as it destroys the objects to be attained by imprisonment ; a general sys-
tem of favoritism is kept up ; and this depends upon the will, not of the Judge
^ giving sentence, nor on the law or the offence committed by the convict, but
upon the will of the Lessee ; and thus far no check has been interposed.

Had the Grand Jury of the county of Marin indicted all persons guilty of
permitting prisoners to escape, the system would long since have ceased to exist.
It was their clear duty so to do ; the fact that large numbers of prisoners have
been turned loose on community by the permission of the officer of the Prison,
is undoubted ; and for each instance the officer so doing is guilty of a violation
of the criminal laws and liable to indictment.

In addition to the criminal aspect of the trusty system, the present Lessee, in
the contract under which he holds the Prison, agreed to receive and take charge
of all the convicts and safely keep them in the Prison. It is submitted that
keeping them on ranches, in private dwellings, or as sailors on board of boats, is
not keeping them in prison according to his contract. These are clear breaches
of contract, but on the question how far the Lessee is liable on his bond we do
not express an opinion. The bond is signed by J. M. Estell, Frank Denver,
B. H. Munson, H. S. Brown, J. W. McCorkle and J. C. Davis, and is in the
penal sum of $200,000 conditioned that the Lessee would keep and perform all
and singular the covenants and agreements on his part to be done, kept and per-
formed, mentioned in the said lease.

It may, however, be proper to remark that the law provides no measure of
damages to be recovered on such bond where prisoners are allowed to escape.

These remarks are submitted on the hypothesis that the contract of lease is
yalid and binding on the State and Lessee.

-t;' The contract was entered into without advertising for competition, the Com-
missioners pursuing their duties under the law, made the contract, and a ques-
tion now arises under the circumstances what course shall be taken by the State
in the further management of the Prison. From the foregoing considerations,
together with others submitted under the head " Miscellaneous," in this Report,
your Committee are of opinion the present Lessee is an unsuitable person to in-
trust with the management of a penitentiary. With a view to ascertain the
exact rights of the Lessee under his contract, your Committee addressed a letter
to the Hon, Attorney General of the State, asking his opinion upon the validity
of such contract. The reply of the Attorney General is herewith submitted, as
Exhibit No. 8. The opinion, it will be seen, goes to the extent of declaring
said lease void and that no rights are vested under it in the Lessee.

Your Committee are not disposed to argue the questions connected with the
constitutionality of the law under which the lease was executed. Nothing, how-
ever, can be clearer than that if the law referred to was unconstitutional, no
rights could vest under it, and any disposition the Legislature chooses to make
concerning the Prison would not interfere with a vested right.

MISCELLANEOUS.

The Board of Commissioners by the 3d section of the law of 1856 were required
to make, alter, amend, and cause to be observed such rules as they might deem
proper. For the purpose of ascertaining what rules had been made, and how
the Commissioners had attended to their duties, under the laws, your committee
addressed a letter to the Hon. R. M. Anderson, President of the Board, con-
taining certain inquiries. His reply is herewith submitted, marked exhibit No.
9. By such communication we learn that the Commissioners adopted the old
rul6s in force at the time the commission was established. These rules are twelve
in number. They relate exclusively to the management of the prisoners by the
guard. The rules do not go to the extent of applying any remedy to the exist-
ing evils complained of. We are of the opinion that if the Commissioners had
established wholesome rules, and had attended to their enforcement, there would
now be less to complain of. The rules are such as the Lessee himself would have
made for the management of his employees; none of them seem to have been
made to require the Lessee to comply with the requirements of the law. The
quality and quantity of food — the clothing of the prisoners, and their discipline,
are not touched by the rules. By them the trusty system might have been
abolished. The prisoners could have been kept in prison, and other abuses
could have been corrected. In thus neglecting a clear duty, the Commissioners
deserve censure. They can scarcely be viewed in any other light than as guilty
of negligence bordering on criminality. The State confided to them a sacred
trust. The Lessee does not occupy his position as an officer, he is supposed to
act from pecuniary motives ; not so with the Directors, they receive a salary,
and are sworn officers of the law. We had a right to expect of them that they
would use the power confided to them, and stand between the Lessee, the prison-
ers and the State, and see exact justice done. Instead of a faithful discharge of
their duties, they have totally disregarded the requirements of the law, have
neglected to make needful rules governing the prison, when in them was confided

the only power capable of remedying the evil complained of, and have quietly
rested, permitting the continuance of prison discipline, disgraceful alike to the
State and the parties whose duty it was to remedy the same.

By the law the Directors are required to attend to the enforcement of rules
established by the Commissioners. If the Commissioners had established strict
prison discipline, and the iJirector.'. had attended to the enforcement of such rules,
their offices would not have been of a sinecure character, and the salaries paid to
those ofiBcers would not have been paid in vain. But as the matter now stands,
those officers have been of very little benefit to the State.

We submit herewith a communication from A. Bell, Esq., State Prison Di-
rector, marked " Exhibit No 10," containing matter worthy of note, and in
extenuation of his official conduct, we have found him ever ready to give us any
information in his power concerning the Prison. This remark applies to Mr.
McKenzie, and all others connected with the Prison.

The committee have taken some testimony, designing to show an arrangement
by which a large amount of provisions and clothing were purchased by the State
while the law under which the lease was made was passing the Legislature, which
clothing and provisions were delivered over to the Lessee and used by him.

The evidence referred to is contained in the depositions of llobert Haly, A. M.
Hay, and J, F. McCaully. The note referred to by McCaully was drawn by
Estell and Woods in favor of A. M. Hay, witnessed by W. B. Farweil, for $6,000,
dated San Francisco, May — , payable on or before November 1st, 1856,

We were unable to come to any conclusion as to the subject matter by reason of
the refusal of Mr. Hay to answer our question, and we merely submit the deposi-
tions.

On the 17th instant the Governor addressed a letter to Mr, Edwards, one of
your committee, who was then in San Francisco, which letter is herewith sub-
mitted. Mr. Edwards accordingly went to the Prison on the 18th, and made his
examination, according to the request of the Governor, He found many of the
prisoners, probably one-fourth, in a condition bordering on destitution; about one
hundred of them without shoes, and, as a general thing, the remainder very badly
shod, and unless supplies shall be very soon furnished very few will have shoes.

A majority of the prisoners had not sufficient clothing for comfort in summer,
and from their general filthy appearance he judged there was not clothing sufficient
for change.

On examination of the bedding there was evidently insufficient for purposes of
comfort.

On examination of the provisions, Mr. Edwards found the quality such as no
human being should be required to eat — consisting mostly of rusty mackerel and
brown bread. He was informed by the Superintendant that once a day small
rations of corned beef were distributed. The quantity was very small, not suffi-
cient to last beyond the 21st inst.

The depositions of J. G. Gordon and C. A. Conner, J. H. Harris, H. R. John-
son, John Morton, John Henry, herewith submitted, show that there is positive
suffering at the prison for want of necessary supplies, and cummon humanity would
dictate that an immediate change should be made in the management.

CONCLUSION OF FACT.

That the contract under which the present Lessee holds the State Prison is
void.

That the contract is not as favorable to the State as can be made.

That the prisoners have not been sufficiently well clad or fed during the year
last past.

2

10

That the Commissioners have neglected their duties, and the Directors' offices
have been of little use in the administration of the affairs of the Prison.

That the Lessee has used the labor of the prisoners mainly in making bricks
for sale during the past season.

That this has been done to the neglect of building suitable quarters, at an
early day, inside the prison walls, for the accommodation of the prisoners.

That the former Directors, the present Directors and Lessee of the State
Prison, have been guilty of gross negligence and positive criminality in per-
mitting convicts to go at large contrary to law.

Your Committee recommend —

1st. — The State should have an agent of experience in prison matters and
independence of character residing at the Prison, whose duty it shall be to see
exact justice done between the State, the prisoners and the Lessee. He should
have entire control of the registry of Prison papers. lie should have the cus-
tody of the Prison seal ; should be required to make and enforce rules for the
administration of affairs of the Prison, and should be required to report monthly
to the Governor, giving in that report full accounts of the affairs of the Prison,
and if any escapes have been effected, giving particulars of such escapes. He
should have power to enforce any rules regarding the food and clothing of the
prisoners.

2d. — A new Prison building should be erected, with a separate department
for females.

3d. — The abolition of the " Trusty" system. Treating all persons with kind-
ness, but having no favorites.

4th. — That a correct account of all moneys taken from prisoners be noted in
a book and accounted for when the prisoner is discharged, and that no prisoner
be allowed to give any money to an attache of the Prison ; also, that no con-
vict should be discharged without giving him some small amount of money; suf-
ficient to meet his immediate necessities.

5th. — The entire books to be kept by freemen.

6th. — The establishment of a hospital.

7th — The State Prison to be made reformatory as well as disciplinary.

8th. — The convicts, without distinction, to be dressed in prison uniform.

9th. — An ordinary citizen's dress to be given discharged convicts.
10th. — Insane prisoners to be sent to the Insane Asylum.
11th. — The law forbidding the sale of liquor within two miles of the Prison
should be rigidly enforced.

In conclusion, a majority of your Committee, composed of Messrs. Rogers,
Edwards, Holden, Jessup, Anderson and McKune, recommend the passage of
an Act herewith submitted. A minority, composed of Messrs. Shuler and Liv-
ermore, sign this Report without making any recommendation.

GEO. H. ROGERS, Chairman.
THOS. H. ANDERSON,
J. H. McKUNE,
WM. HOLDEN,
URIAH EDWARDS,
RICHARD M. JESSUP,
JAMES LIYEllMORE,
GEORGE L. SHULER.

APPENDIX TO EEPORT.

14

• » < • < •

A.PPE]Srl3IX

EXHIBIT NO. I.

The buildings erected within the last year for workshops are in two ranges, and
immediately joining each other.

Length of each from north to south 4Y9 teet. Width of the west building, 33 feet;
width of the east building, 36 feet. Both in a partial state of completion. The
material used for building the walls are stone and bricks — roofed with shingles.

The long room of the prison is 147 feet long by 28 feet 6 inches — furnishing
sleeping accommodations for 230 prisoners.

Whole number of prisoners placed in the hands of the Lessee March

29, 1856 421

Number of pardons since to January 28, 1857 19 -•

*' Escapes to same time 52

" Discharged . MuMi 19

" Died 3

" Drowned • 2

" Killed *^^*.4l.if3«#W I

» Taken out on habeas corpus .^. . . . . . 3

The number of prisoners sent from each County to State Prison from December
21st, 1855, to January 27th, 1857, are as follows :

From El Dorado Co II

" San Francisco Co • 83

" Santa Barbara Co • 6

" Yuba Co 22

" Mariposa Co 9

" Los Angeles Co 14

" Alameda Co 6

" Solano Co 3

•' Contra Costa Co 4

14

From Sonoma Co 3

" Tuolumne Co 8

" Santa Clara Co 6

" Sacramento Co 19

" Butte Co 5

" Nevada Co 11

" Amador Co 12

" Placer Co 16

" Monterey Co 1

" Santa Cruz Co 2

•' Siskiyou Co 4

" Shasta Co 5

" Calaveras Co 12

" Trinity Co 5

" San Joaquin Co 6

" San Mateo Co 1

" San Diego Co 1

" Yolo Co 1

" Fresno Co 2

" San Bernardino Co 2

" Marin Co 1

" Tehama Co 1

" San Luis Obispo Co 1

bm ."ia^asi

;}f»-^^?! v,n:^ffv

EXHIBIT NO. II.

List of Prisoners found at the Prison.

It^^George Adams,
f< 'Marco Cortellos,
ScMarco Soto,
^•'T'Cherino Rivera,

Elieno Rodriguez,

Manuel Goise,
i Jose H. Vea,

Joseph Kuhn,

Carlos Camplido,
■xiuiOoJ. A. Gonzales, (sick,)

J. C. Smith,

Anto Hernandez,
i; Pedro Gonzales,
%% Henry Howard, •

0 N. N orris,
i'l'Pasqual Cassillo,
9 Jno. Campbell,
JH Jno, Williams,
(^ Juan, (an Indian,)
f! J. M. Sepulveda,

Jesus Romo,

William Fleek,
J. R. Mitchell,
Jno. Cahill,
Wm. Thompson,
Nestor Imperial,
Jolly Sebastian,
Rafail Gallenti,
Jack Rowen,
George Wright,
Hiram Durham,
E. Cheviarie,
William Courtney,
Jose Maria,
Ah Wah,
Timothy Ryan,
Man'l. Marrand,
John Urrea,
Yario Gorzales,
Baptiste Gawarya,
Pedro Sesa,
William Bryant,

15

Bobert Willmott,
Jno. Smith,
George Taylor,
James Minturn, < .>i .onl
S. T. Cochran, .. .. s

Fernando Gronzales,
James F. Morse,
Sango Munoz,
Francisco Rinaz,
Thos. Crooks,
Francisco Morales,
Wm. Clayton,
Man'l. Garcia,
H. R. Hustif,
Jno. Smith,
Wm. Lus,
Stephen Blake,
Wm. D. Carr,
Lorenzo Havio,
Janacio Montero,
Thomas Bayecero,
Geraldo Barensuelo,
Robert Thompson, :

Man'l. Antone,
John Reynolds,
Jose Escalantes,
A. J. Riley,
Isaac Riptoe,
William H. Allen,
Miguel Seguera,
Jules Ducheire,
C. E. I<ockwood,
Rudolph J. Apanior,
William Wild,
Armanda de la Tour,
John Rowan,
John Brian,
Tuby West,
Charles French,
Richard Colton,
John Styles,
Francisco Rivers,
A. J. Favioso,
Frank Thompson,
Geo. H. Freeman,
Joseph Simpson, [

S.P.Taylor, ^

James McLane,
• James Brown,
William Murphy,,
Jesus Ruiz,
Henry Dougherty,
David Gramard,
William Smith,

Solomon Thorn, T,

Assinche Garthia, =

George Lendrum,

Josus Fontez,

Charles Cleveland,

Wm. Fleming,

Catharine Fredany, ;,

Frank D, Bray en, r

Ventura Gustilliano,

Benjamin Carter,

J. D. Dunn,

Domingo Apolito,

Cherokee Bob,

George A. Fisher, [,

Stephen A, Jack way, j

A. B. Gillman^^,. ,, ^.,,,,j.
Ah Sung, j.f I hxmmS
George Williams, 'i[
Frank Smith, p
Chas. Osbourne, i;,
Jno Davis, [
Jno. Nelson, |,
James Mullen, {
James Mulqueen, -^
James Clark,

Jno. Cotten, -^

Charles Wilier,
Jose Lafuento,
An to Ramarez,
Thomas Lynch, p

Chas. O. Glen, •{

Pentarke Burgante, {

Moses M. Jackson, }f
Robert Hakle, r

H. Jackson, J

John Gardner, |

Thomas Rogers, ' ')

Naze Monton,
James Williams,
Yincent Colvin,

B. R. Stewart,
Antonio Joaquin,
James Curry,
Theodore Deins,
Jesus Penize,
Rafael Minavara,
Adolph Barron,
JohfrGallagher, f,
John Westman, P
R M. Backus, '
M. Lassaro, !.
Santos del Gubiello,
Jeno Wilson,

Duncan McCrea,

15

Jose (an Indian,)

Frank Taylor,

Nathaniel Green,

George Williaras,

William Turner,

Charles Johnson,

J. A. Skinner,

Harvey Maxim,

Michael McDonough,

Ey ie,

Jorome Arteeze,

Otto Scoble,

Wm. 0. Hare,

Jose Lopez,

Lewis Bowman,

John Wasser,

Samuel J. Hall,

Mary Hall,

Thomas Fornaspin,

James Smith,

Pablo Arrobalo,

Julian Fay,

Edward Smith,

Wm. H. Waters,

Frank Dixon,

Song Ah Cong,

Ah Took,

Henry Whaler,

Emile Davin,

Thomas Hickey,

Francisco, (an Indian,)

Leuben Coffman,

William Curran,

Teodocio Delgardo,

Labrato Gonzales,

Patrice Atoga,

Charles Hunnan,

Rafael, (an Indian,)

Isabel, (an Indian woman,)

J. M. Mansand,

Huerico Perez,

Thomas Godkin,

John Godkin,

John Roberts,

Francisco Dumas,

Wm. Edwards,

Jack Robinson, -

Jno. Kenny,

Thomas Burns,

William White,

James Dennis,

George Brown,

G. W. Apple,

Manuel Joseph,

S. D. Thompson,
Wm. Ellis,
James Reed,
Jno. K. Shirbcy,
Francisco Lulio,
Albert Woodburne,
James Toland,
James Malgum,
Adam Henderson,
James Patterson,
James Colter,
Joshua F. Buler,
Henry Johns,
Louis Flous,
Add Reynolds,
John Riley,
Michael Murray,
Elihu Allen,
Juan Lago,
Wra. Jennings,
Michael Hines,
George Riley,
Louis Frank,
Wang-you-for,
Domingo,
Henry Garth off,
William Mickle,
William A. Hayes,
Pablo Massa,
Marin Cinero,
Ed. Coy,

Whitman Yalentine,
Thomas Mitchell,
Cowal (an Indian,)
Samuel White,
Peter Nicholas,
Thomas Mancille,
Charles Moody,
Jacintha Huneaga,
Sabastian Batevias,
John Conner,
Jessie Rill,
John Smith,
Jose De Flores,
Sacramento Yalenzuello,
Henry Dobbins,
Henry Hayes,
J. M. Gonzales,
Pasquel Guego,
J. Kinsey,
Leonard Tuftz,
Clark Judson,
Enriques Cayetano,
Wm. Ward,

/

^.

J. H Hall, i„ji i-,,;,.!

William Brown,' ^fjg^'ij

Joseph Thompson,"

Samuel Held,

Charles Thompson,

Florentine Valdez,

James Brown,

Emanuel Baldiviersa,|^,^||

Robert Fanning,

Reuben Bessy, '*

Arseval Frause,

William Grant,

Asa W. Combs,

J. A. Valenzuelo,

Daniel Nunes,

Robert McClair,

Valentine Numas,

John Weeks,

Jose Conaho,

William Kelley,

Antonio Moriano,

Dennis Connelly,

Pedro Salvador,

Domingo Campo,

Charles Miller,

Frederick B. Philips,

Martin Johnson,

James RafiTo,

Sing Tun,

Ah On, , ,a[K5^(ii..V

Richard Wallace,

Ah lee.

Jose Maria,

Jose Sotero,

Ernest Kohla, on;T MiJi.V;>

Daniel Lehr,

Louis Sele, t tv - ,>r:

James Butler,

W. T. Wheeler,

William Souther,

Geronimo Torres,

Juan Hernander,

John Barke,

Martin S. Curry,

Ah Yon,

Charles McCarty,

Fernando Lopez,

Jose Guyella,

Geo. Clark,

Francisco Moreno,

Balentine Neira,

Jose Vicente,

Jose A. Goday,

John Vanderhofif,

Jose V. Awaya,

Adalbert Hoepke,

Philip Riley," ^^aieis

John A Marshall,

Thomas Edwards, > -■■

Joseph Wilfred,

Wm. H. Best,

Coyetano Moreno,

Jno. P. Cryder.

John Sullivan,

Richard Acosta,

Lorenzo Ameza,

Chu Sam,

Antonacio Moreno,

Ah Tute,

Henry King,

David Dickey,

James Burns, •

John Russel, .^.q

John Dolan, - 75^ (,

Lorenzo Neiblas,

William Rogers, •' --

Ramon Soto,

Robert Barnes,

Benito, ,,q

James Allen, -r-n

George R. Morris,

Jordan Peterson,

J. A. Covell,

Jacob Coleman,

J. M. Virgin,

Henry Coleman,

Jose Santos Romero,

Michael Flannegan,

Jose Mendez, _|^ -.f-^qn^
Jno. Thompson, "

James Newman,
James Lee, ... , j
John Crocker, i°^^^
AntJiio Salgado,

William Love,

Isaac Adams,

William Scott, . , y .
J. R. Davis, ' - r J

J. Howell,

Wm, Jordan,

James Bruin,

Jose M Bebeuce,

William Gregory,

Allen Boon,

William Fitzgerald,

Frank Ewing,

S. A. Bowen,
3

George Roberts,

18

Frank Maynard,
George Nesbett,
Joseph Cleoipson,
John Smith,
Francisco Rbeno,
William Wilson,
Adam Michael,
H. Y. Lebkischer,
Micanore Romero,
Adolph Newton,
Wm. J. Carter,
Anastasio Heredes,
Oscar Parsons,
Ed. McLaughlin,
William Edwards,
Simon Lopez,
Charles Corning,
Henry Brandt,
Henry Lawrence,
John Walsh,"" ';';''
Charles Smiih,'
John Turner,
D. G. Hammond,
Hyppolito Agostb,
Thomas Hassan,
Edward Lines,
Jesus Morano,
Jose Garcia,
Francisco Alviso,
Richard Sanders,
Charles Yalenzuelo,
John Dorey,
P. Grady,
Guiseppo Tappo,
Pedro Espinoso,
Ed. Allender,
J. W. Theall,
Rafael Selalla,
Lewellyn Harris,
William Lewis.

Rafael Ruiz,
Jose Buenavidas,
James Ross,
Leonard Saraudio,
James Phillips,
Wm. McCarthy,
Geo. W. Mansfield,
Thomas Chieto,
Loreta Permentel,
Louis Romeres,
Thos. Hamilton,
Julian Carrero,
Beneto Olivera,
James Connelly,
George W. Sweet,
Ah Yong,
Elisco, (an Indian,)
Catherine A. Kettle
Daniel S. Potts,
Martin Griffin,
Lorenzo Mumses,
Henry Holman,
Angel Alamos,
Thomas Munday,
Thomas Doyle,
James H. HefFeron,
Jno. Welsh,
Charles Sanford,
James Hubbard,
David Dunn,
Guilliame Davids,
Mary Baldwin,
Henry Baldwin,
Wm. Townsend,
Henry Henderson,
Clues Smith,
Carlos Estrude,
Julian Flierno,
John Welsh,
Dennis Horton,

'//

ud'J

I'X

List of Prisoners found at Marin Island.

C. W. Yalentine,
John C. Smith,
Jose Pedro, j| ,
James McCready, ,', ' ,^
James Hume, , ^,.
Joshua Thompson,
John Bobbins,

Nicols Marsferro,
Richard Williams,
Robert Davis,
Francisco Chamales,
Wm. Jefferson,
J. H. Green.

lOOU

19

oV,

List of Prisoners at Ranches.

.-..:rn M,-.T

James Goodwin,
J. W. Robins,
Samuel J. Dooley,
Samuel Brown,
Robert Patten,
Robert Simpson,
Wallace Canada,

Antonio Smith,

William Graham,

Henry Johnson, ^V'

Ah Munn ) ^ «.

R. M. Daval, \ S"^""'''
in the employ of Messrs. Henry
and McKenzie, of San Rafael.

Names cf P7isoners not found.

Francisco Esparza,
Marcisco Galena.
E. J. Welsh,

Cecilio Mesa, ,>(.

Yicente Bermandez, \-\
Patrick Donnely. A

Names of Prisoners died since January \st, 1856.

Augustus Hall, )
William McKinley, j
Ignacio Salcillo,
Charles Johnson,

Drowned.

Thomas Marshall,
James Neall, killed at an insur-
rection on Marin Island.

Names of Prisoners pardoned since January Ist^ 1856, by Gov. Johnson.

L. E. Cushman,
Andrew Austin,
Charles Brown,
E. H. Mumby,
J. A. Bryant,
Henry Lippman,
Pat H. Dunne,
James Bryson,
Thomas Brown,
Thomas H. Hart,

John Price, Tmrttt /•

John Gibney,

W. N. Walker,

Charles Jones,

Samuel Snow,

Josh. Terrell,

R. F. Taylor,

George Fields ft/m5 Tread way,

Joseph Phillips.

;if

Prisoners discharged since January 1st, 1856.

Pablo Coutreras,
Ah You,
William Hull,
Michael Campbell,
David Armstrong,
James Graham,

Chas. Stevens,
P. Davidson,
Irwin Paine,
E. J. Read,
John McCarty,

20

You Chew,
J. H. Harliss,
John M. Steel,
Lilaunarie,
John Gillmore,
James Kennedy,
James Duffee,
Nestor Reyes,
C. Yalencia,
Thos. A ken,
James Latinj?,
Francis Williams,
Isaac Bryant,
Frank Taylor,
W. Kang,
James Rundock,
Francis Lopez,
Aaron Farrott,
Wm Runis,
Wm. Bennett,
Wm. Rell,

Samuel H. Dearborn,
Visalia Pedelles,
James Cotter,
John Martin,
Joaquin Valencia,
Michael Roach,

James Ingraham,
Louis Martinez,
John Gontillon,
Jose M. Casta,
John Price,
William Wilson,
Ah Hum,
Charles Lange,
Jean Jose Lion,
Lawrence Smith,
Francis Noyaret,
Aucal Allen,
Frank Dixon,
Riley Maynard,
Miles Hussey,
John Thurston,
Jean R. Sepulveda,
John Grant,
Samuel Butterfield,
Santiago Raviso,
Anders Ramirez,
Wm. 0 Hara,
Laoni Ballarte,
Fernando Havios,
Frank Berry,
F. W. Iluetz.
Santiago Olgin,

Prisoners Discharged hy Writs of Habeas Corpus.
John Hood, Padey Martin, and George W. Gaffney.

Numt)er of Prisoners turned over to James M. Estell by the Board of Com-
missioners on the 29th March, 1866, was four hundred and twenty-one (421 )
the number received by the present Lessee from that date to the 29th of Janua-
ry, 1857, was two hundred and seventeen (217.)

Prisoners Escaped since April 1st, 1856.

D. D. Pierson,
Robert Patterson,
Moses S. Worrell,
R. G. Abernathy,
Juan Castillo,
William Silverthorne,
Michael Geigan,

P. L.. Escanavache,
M. G. Holstein,
Ah Gue,
John Gordon,
Ah See,

Lewis Sprecker,
Thomas Moore,

21

Hiram Welch,
Juan Flores,
Juan Gozzales,
Jose B. Soinorano,
Thomas 0. Brian,
William Smith,
Tah Yon,
Cyrus W. Denbler,
C. G. Smith,
Mark Aching,
William Freeman,
Theodore Huddlestone,
William Miller,
Frederick Speigler,
Benjamin Doyle,
Louis Bonnard,
William Clark,
George Howard,
Lewis Mahoney,

Ramon Barmiel,
Francisco Abarra,
Ramon Meramontez,
Ah Ring,
Edward Manley,
Charles Mitchell,
Charles E. Buckley,
Charles W. Watson,
King W. Folsom,
Andrew Fontes,
Daniel Miles,
Cail Gowan,
Cecilio Males,
Frank Ewing,
Thomas Brown,
Ah Seve,
Jesus Espinoso,
Armstrong Thurmau.
Total

61

Prisoners escaped and retaken since April Ist, 1856.

Y. Gonzales,
William Scott,
Loring Paine,
Charles French,
Conlardo Burgante,
Thomas Lynch,
Ah Fate,
Ah Oou,

James Williams,
John Sullivan,
Peter Thompson,
Nice Romero,
Frank Smith,
Jesus Moreno,
William Courtner.
Total

12

EXHIBIT NO. 3.

Deposition of E. H. Pomeroy, takejt before the Committee of the Asse?nbly
on State Prison, January 29^/t, 1857.

E. H. Pomeroy, on his oath, says he has been connected with the State Prison
at San Quentin, since about the 7th of February, 1856, as guard, till about the
month of June, then as store-keeper for eighteen days, after that as Lieutenant of
the guard till about the month of October ; I was then made an agent for Gen.
Estell outside the prison, and acted in that capacity till about the 2 th of Decem-
ber, and I have been acting as Commissary since the 1st day of January, 1857.
When I first came to the prison a system of management called familiarly the
^^ trusty system,'' by which certain convicts were allowed privileges not extended
to others existed. These privileges consist in allowing those prisoners to sleep out-
side the prison walls — to go to different parts of the country on their parole, or
rather on the permission of the officers of the prison. I believe General Estell

22

usually gives the orders directing that certain persons, prisoners, be made ' trusfys,'
and such persons are then used to go on errands, to work on ranches, to cook for
the guard, to act as sailors, or in any capacity demanded by the wants of the
prison. I have examined the schedule hereto annexed, containing the names of ,
the diiferent convicts now considered on the list of " trustys," with the memoranda
therein noted, and believe it correct — I recognize them all as " trustys," except
Esparz, whom I do not recognize. These men are not retained in custody by
duress of imprisonment, but remain upon their word. Since I have acted as Com-
missary I have attended to the distribution of food to the prisoners. I feed about
four hundred and eighty prisoners each day — their usual food during the month of
January, 1857, has been :

Ham, IJ lbs.

Flour, 1| "

Beans, about j " each day per man.

A copy of the issue sheets for each day for the month of November and December,
1856, and the month of January to date, 1857, is hereby annexed, marked " B."
I issue the food to the cooks and bakers, and see that the entire quantity issued is
properly prepared and distributed to the prisoners. In addition to the above food,
I have often given the prisoners cabbage cooked in the form of greens, and served
up with vinegar, shown also in the schedule ; occasionally mackerel is served up
in the morning instead of ham, shown also in the schedule for the month of Jan-
uary, and the books show that the mackerel was issued before I became Commis-
sary, but I cannot tell how or when they were served. The general food for the
prisoners during the summer months was fresh beef of good quality, late in the
fall corned beef was substituted for fresh. I have heard no complaint as to quality
of the beef, but I have heard frequent complaints as to the quantity. I know from
statistics the quantity of food usually distributed in other prisons, but I cannot tell
•what amount would be necess/iry, unless I could also know the kind of food dis-
tributed. The kind of food distributed here is entirely different from that distrib-
uted at the prison at Auburn, New York, with which I am most acquainted.
There they vary the kinds and qualities, sometimes feeding the coarser and then
the finer ; sometimes giving conserves with the coarser food and interspersing the
finer with the coarser. I do not believe that any steady diet of the coarser food
will keep prisoners in good condition. Here, for the last month, there has been
little variation in the kind of food, and the quality of hams has been inferior. I
have shown you to-day a fair sample of what has been used for food at the prison
lor the last month. The flour is not of the finest, but is generally sweet and un-
exceptionable The beans are of Chili growth, and good quality. The prisoners
complain of a want of blankets, and I believe that the want of such night cover-
ing must cause much discomfort, and believe there should be an additional supply
not only of blankets, but of shoes, as some of the prisoners are entirely without
shoes, and none of the prisoners are supplied with socks. The prisoners as a gen-
eral thing, have had no tea or coffee issued to them, some few who have had hard
jobs to do have been excepted, and none but the sick and a few " trustys '' had
sugar.

Questions by Gen. Estell.
• I believe the system of " trustys '' was continued under Gen. Estell as it was
under the State, but I do not know when it was commenced.

'iao

E. H. POMEROY,

Commissary of Prison.

23

Subscribed and sworn before me, this 29th day of January, 1;85,7. .;

' J. H. MckUNE, ^'
Of the Qoittiiutted«

Howard, clerk and turnkey, residing at prison. -^^ .lioaaiiol. iaodT

Lockwood, assistant physician.

Backus, clerk, office outside. ffi oJ BsiiiAai icll p. m j|fflogoio1[ ^>ifT

Evans, has charge of stock at ranch.

George Adams, at machine shop — sleeps there.

Raphail Gallento, watchman at ship yard.

Dooly, cutting timber.

Reynolds, on schooner Estell.

R. Thomson, cook at guard-house. . ,,

R. Duval, at Mr. McHenry's at San Rafael. "' ' '

Mullen, on board sloop Pike County.

George Williams, at stable — sleeps there.

Gurbend, at San Rafael.

Hoepke, assisting physician, resides in small house outside prison.

Esparza. ' .bUi \irii ^iiouiind

Patten, at ranch. '■^-'^^ ^^-^ .»bnuoq DTH jUih oir^f rAci^r/A

Gillman.

VanderhofF, sailmaker at sail-loft. iiiUij itV ,YBb iikj oo8V-i

Canida, cutting timber. PJT " "

W. Graham, Kentucky ranch. ■

J. Conner, assistant turnkey at prison. • *■

Robins, Island. ^'

Arsvral France, upholsterer, at small house outside the prison.

Pablo Massa, assistant cook at guard-house.

McCready, boatman at small house outside prison.

W. Valentine, cook at prison — sleeps outside the wall.

Ante Joaquin, Pike County. ./^(M«|ffi'f- t.,>

H. Green, Island.

R. Wallace, Pike County. j,j.,,

Simpson, cutting timber.

S. Brown, stable — sleeps there.

H. Johnson, Kentucky farm, hauls vegetables to prison* .>j.,y^|^ lyvoivl i

Cumming, Pike County. o..^..^,..,..:,rs ■

Ah Mann, at Mr. McKensey's, San Rafael. [,,.

Robert Davis, Island.

J. C. Smith, boatman — sleeps at small h9use outside the prison.

McLaughKn, Pike County,

Chamales, Island.

Hassan, Pike County.

Marsfevio, Island.

Ante Smith, boatman — sleeps outside the wall.

Richard Williams, Island.

Escalantes, attending on sick Indian woman.

M. Jackson, servant to Superintendent — outside the gate.

Henry Gorshoff, blacksmith — sleep inside the walls.

Thos. Godkins, do do do.

Clempson, Pike County.

Ambalos, assistant cook at guard-house.

24

Josh Thomson, Island.

J'.)se Pedro, cook at Island.

C. W. Valentine, Island.

Goodwin, Kentucky farm.

Frank Smith, cook on Pike County.

Thos. Johnson, assistant cook at guard house.

The foregoing is a list referred to in the deposition of E. H. Pomeroy.

Exhibit " B," referred to in the Deposition of E. A. Pomeroy, hereto annexed.

Amount of Issues for the month ending November \st.

Beef, 22,362 lbs.; Hams, 3,118 lbs.; Pork, lU lbs.; Bacon, 600 lbs;
■Salmon, 247 lbs.

Average issue daily 816 pounds. Total, 21,161 pounds.

Flour — Issue per day, 741 pounds Total, 22,986 pounds.

Cofice '• " 18 560 "

Sugar " " 18 558 ''

Tea " '• 3 ..«,. 95 "

Lard " " 2 60

Potatoes " •' 196 6,016

Beans " " 158 4,900 "

November 1st, 1856, number of convicts in prison, 486. Number of free men
64 — employed as follows :

1 Superintendent, 4 Sailing Masters,

-^ 1 Commissary, 5 Bricklayers,

1 Physician, 4 Shoemakers,

1 Drover, (buying cattle,) 3 Lessees of Prison,

4 Overseers, 1 Captain of Guard,

5 in Ship Yard, 34 Guards on duty.

Total 64

Beef killed during the month of October 32,327 pounds.

Beef used for prison " " 22,362 "

Beef sold " " 1,981 "

Beef salted down " .i^: i^^^^.; ggg5 u

Loss from gross weight, ........ 1,293 "

32,321 "

Amount of Issues for the month ending December \st.

Beef, 16,546 lbs.; Corned Beef, 2,049 lbs.; Ham, 2,893 lbs. : Pork, 112 lbs.
Average issue daily 140 pounds. Total, 22,200 pounds.

25

Flour — Average issue daily, 548 pounds .Total 16,452 pounds.

Coffee " " 9 " 216

Sugar " " 20 " 611

Tea " " 21 " 13

Butter " ♦' 8 " 243

Potatoes " " 206 " 6,176

Beans " " 142 " 4.250

December 1st, 1856, number of Convicts in Prison 469. Number of free men
55 — employed as follows :

I Superintendent, 4 Sailing Masters,

1 Commissary, 2 Brickburners,

1 Physician, 4 Shoemakers.

1 Drover, (buying cattle,) 3 Lessees of Prison,

2 Overseers, 1 Captain of Guard,

3 in Ship Yard, 32 Guards on duty.

Total, 55

Beef killed during the month of November 26,831 pounds.

Beef used for Prison, " " 16,546

Beef sold, lin '> u « ] .

Beef salted down, " " 6,803

Loss from gross weight, 1,014 "

26,837 "

Amount of Issues for month ending July \st, 1856.

Beef, 8,103 lbs.; Corned Beef, 1,611 lbs.; Smoked Beef, 122 lbs.; Ham, 1,100
lbs.; Pork, 295 lbs.; Codfish, 200 lbs.; Mackerel, 3,162 lbs.
Average issue daily, 664 lbs. Total, 20,593 lbs.

Flour —Average issue daily, 625 lbs Total 19,310 lbs.

Coffee " " 9 282

Sugar " " 10 306

Tea " " 41 144

Butter " " 6 183

Potatoes " " 124 3,855

Beans " " 222J 6,900

January 1st, 1851, number of convicts in prison 483. Number of freemen 36
— employed as follows:

1 Superintendent, 1 Architect, ;

1 Captain Guard, 1 Contractor,

1 Commissary, 1 Sailing Master,

1 Physician, 3 Overseers in S-hip Yard,

1 Drover, 22 Guards,

1 Overseer.

Total. 36

4

26

Beef killed in month of December 21,213 ponnds.

Beef used for Prison, fresh, corned, and smoked 15,836
Beef sold " " " " 2,735

Beef remaining 1,794 ,/p

Loss from gross weight 848 21,213 ^r

Amount of Issues for month ending February \st^ 185*7,

Fresh Beef, 1,408 lbs.; Corned Beef, 2,819 lbs.; Smoked Beef, 309 lbs.; Hams,
15,739 lbs.; Pork, 1,959 lbs.; Mackerel, 2,438 lbs.; Veal, 160 lbs.; Bacon 20 lbs.

Average issue daily 801 pounds. Total, 24,852 pounds.

ioiaaM SfiJli«8 ;{9fraPi T

Flour —Average issne daily, 682 lbs Total 21,154 lbs.

Coffee " '' 14 434

Sugar " " 13 410

Tea " " 4 136

Butter " " 2 1-5 68

Potatoes " " 33 1,040

Beans " " 280 ,., , , 8,T00

February 1st, 1857, number of convicts in prison 480. Number of free men 38
— employed as follows :

1 Superintendent, 1 Contractor,

1 Commissary, 1 Overseer,

1 Physician, 3 In Ship Yard,

1 Captain Guard, 3 Sailing Masters,

1 Drover, 24 Guards,

. ., . , ,,\ ,. .,, ,. At, 1 Architect.

Total.. .;;;V.-^:'.?^..;tr^V.. 38

EXHIBIT NO. 4.

George W. Wells being duly sworn before the Committee, deposes as follows:

Holds position of Captain of Guard for thirteen months ; has been employed
in prison two one-half years. During the control of the Directors of the State
there were employed on an average from 35 to 40 overseers and guards. His
duties as Captain of Guard is to see to the safe keeping of convicts^ to divide
and prevent connivance for escape, and keep them employed. There are now
employed for boating stone, bricks, &c., the following :

Sloop Marin, 70 tons freight, Captain and Mate and three or four convict sailors
— more employed baling under a guard. Sloop Pike County, about 70 tons — same
number. Schooner Mariposa, condemned. Three masted schooner Estell,
about 150 tons ; crew free. Captain and Mate, and six convicts.

The vessels have been employed as follows :

Estell, in carrying brick at Mare Island.

Convicts employed on vessels are short timed men — two, three and four
months to serve, and are locked under hatches.

It is the duty of the Captain of Guard to see them all locked at night and
morning, and should any escape during the day he is immediately notified.
Favors are shown to some that are not to others — depends on the conduct of

27

convicts. I have made on my responsibility trusties. The Superintendent and
Gen. Estell have also. Have a list of trusties at my office ; permit them occa-
sionally to leave ; in one case, contrary to Estell's orders, on my own responsi-
bility, but in company with two or three employees.

James O'Niel was killled in May or June, 1856, at an insurrection on Marin
Island, by one of the guards named Tucker. Some twelve or fifteen were in-
terested in the insurrection ; were working in the lower stone quarry. O'Niel
knocked one of the guard down and took his arms, then shot J. W, Hardy, one
of the guards, through the window, where they were dining ; fired some four or
five shots, only one effective, wounding Hardy.

Gen. Estell has three ranches worked by convict labor ; furthest two and one
quarter miles ; the others about one mile each ; should suppose about eighty
acres in all ; generally work from ten to fifteen trusties on the ranches — reliable
men in short service, under the superintendence of free men, without guards ;
they sleep at the ranches ; seldom or ever come to the Prison, except to bring
vegetables and provisions ; names — Graham, Johnson, (Texas Jack) Dooley,
Gilman, Patten.

One Ah Mun, convict, is at San Rafael as servant for McKenzie. Duval,
convict, is now employed as laborer or family servant, with Mr. Henry, at San
Rafael. ISio compensation to Lessee, to my knowledge. Francisco Esparza, a
convict, I cannot recollect where he is by that name.

ESCAPES. ''d

David Pearson was building Dr. Harris' house at San Rafael and escaped ;
was entrusted without guard over night. Men were sent in search on the differ-
ent routes, notifying inhabitants for fifteen miles, and at Saucelito Theodore
Huddlestone, alias Indiana, escaped from the Kentucky Farm during dinner
time in the brush ; were three guards there at the time ; the table was near the
brush ; guards were John Gery (here;) Williamson, (died on Pike County, and
Young, now in Oregon. Thomas Moore and C, W. Watson, must have stowed
away about the brick yard, and escaped from there during the morning; did not
know it until roll call at night. They had been employed the day previous on
Kentucky Farm, with Huddlestone, and were said to be unable to work the
next day. Supposing they had stowed away I kept the guard out two nights.
(No memorandum is made on the Prison books of the manner of their escape.)
It is generally understood through the country that a reward of $50 to $100 is
paid by the Lessee for recapture of convicts. jj

Ah Gue escaped from schooner Mariposa, at San Francisco. George Lee
was Captain ; cannot recollect any report from him of the details, and no
further memorandum on books.

William Freeman escaped from Kentucky Farm while hay making. Henry
King, alias Dick Turpin, also escaped same time and was retaken. No guard
there at the time. Freeman was seen at the Prison the night previous, but was
expected to go out to the farm again. Freeman had been on the ranch not to
exceed ten days without guard ; was within about one month of expiration of
time commitment. P. L. Escaravache escaped from sloop Pike County, at Napa.
Captain Morgan reports the vessel lying near wharf. A disturbance at a public
house on the wharf drew the attention of those on board, and prisoner availed
himself of the opportunity to secrete or escape. There was a guard on board.
All efforts to find him were fruitless. Edward Manley, escaped from San Rafael,
was a carpenter or bricklayer, and worked on Dr. Harris' house, escaped from
the guard about 4 P. M., was not a trusty, and was locked up in prison nightly.
Search was made as usual, without effect.

28

C. G. Srailh, escaped from Kentucky Farm, think he was a trusty, was
pressing or baling hay. There were others on the ranch at the time. He escaped
during the night. I was made aware of it the following morning. Robert Pat-
terson escaped the same day ; went together. He was employed by Captain
Yan Ranegan, at Corte M'ideira ; was a trusty, had three or four months to
stay ; had been in the employ of Ranegan for two or three weeks without com-
pensation to Lessee or convict.

William Miller escaped singularly ; I was absent at the time ; he was seen
just previous to bell ringing for evening, and must have secreted himself. He
was a notorious scoundrel, and I endeavored to carefully guard him ; was seen
inside of guard line, near the stable ; had been employed working on one of the
boats in the ship yard : kept guard for two or three consecutive nights, but did
not succeed in capturing him.

Frank Ewing, escaped by concealment in the yard in the same manner as
Miller. An arch was found in a large brick kiln some time after the escape, in
which it is supposed they secreted themselves. They made the arch for this purpose
when building the kiln. Ewing was locked up nightly in Prison.

Frederick Speigler, escaped from the Mariposa, Captain Norton, was at San
Francisco unloading brick ; don't recollect whether he was a trusty ; think there
was a guard on board ; don't recollect the details, and no further memorandum
on books.

0. Thurman escaped from John Gray, guard, while cutting timber for ship
building, across the Bay, on the Reed Ranch. Three or four men were in search
of him for two days, unsuccessfully.

Some five or six convicts were taken daily from the Prison and returned each
evening, and were locked up under charge of Gray.

W. Silverthorn and D. 1). Pierson, escaped at San Rafael when employed as
masons on Dr. Harris' house; were trusties, and not in charge of a guard ; they
were allowed to stop over night at San Rafael, and was informed that they had
been drinking and carousing. Unless liquor had been furnished them they would
not have left.

Daniel Mills, escaped from John Gray, in the same place and manner as
Thurman ; he was cutting timber at the Reed Ranch ; he was locked up within
the walls nightly.

Francisco Abano, Jose Somerano, Ramon Miramontez, Juan Gonzalis and
Juan Flores escaped by overpowering and disarming the guard on a scow going
for red wood to burn kiln. Fred. W. Russell was the only guard on the scow ;
the scow was near the mouth of a creek ; they landed and escaped. Baldwin,
one of the guards, had previously landed. They were lock-up prisoners.

Thomas Bowen escaped from sloop Pike County at San Francisco, Captain
Johnson, loading sand for Prison.

Ah See and Ah Save escaped same time and place. Captain Johnson agreed
to guard prisoners while the guard went on some business ; he neglected to pay
proper attention, and they escaped. Neither of the three prisoners were trus-
ties. This was their second or third trip.

Thomas O'Brien and Michael Geiger escaped from the schooner Mariposa at
San Francisco, unloading brick ; do not recollect the circumstances, and no
further report on books.

George Howard escaped from the guard-house ; was a waiter in the dining-
room ; was a trusty, and allowed to sleep out ; ran off during the night.

Cecilia Males escaped by secreting himself in the brick-yard ; was employed
in loading boats ; was locked up nightly inside the walls.

William Smith escaped while cutting timber on the Reed ranch for building
purposes of Prison ; was under guard at the time ; was locked up nightly.

29

Andrew Fentze escaped ; think he stowed away in an unburnt kiln on the
Point ; kept guard for two nights on the kiln.

John Gordon (colored,) escaped from schooner Estell ; was a trusty on
board as cook ; escaped at San Francisco ; term of service had nearly expired.

Juan Castillo escaped from scow ; were loading wood up Corte Madera
creek ; there were eight men in the gang, under charge of two guards ; Cas-
tillo and the others had been employed for several days at that business ; were
returned and locked up nightly.

Mark Achong and Te Yon escaped from sloop Pike County, at San Fran-
cisco ; H. Bristol was on guard ; a large number of Chinamen were employed
in that vicinity, at Humboldt wharf, cutting up vessels, and he could not desig-
nate them after they got mixed with the others.

M. S. Worrell, Hiram Welsh, King W. Folsora and M. G. Holstein escaped
from camp across the Bay, just back of Corte Madera, while cutting timber for
G. W. Wood, (lessee of the saddlers ;) they were all short time men, under
Wood's control, and escaped during the night ; were all trusties, and had no
guard ; they were camping over there for five or six days.

Louis Bromard and Jesus Espinosa escaped by concealment somewhere within
the limits of the Prison guard ; were locked up regularly nightly ; never could
ascertain definitely how they escaped.

Charles Mitchell escaped from guards Watson and Safferty, about one and a
half miles from Prison ; Mitchell and another prisoner were engaged in building
a chimney for Watson ; both attempted to escape ; Mitchell was successful,
while the other was wounded and returned.

Ramon Ramiel and Cyrus Dibbler escaped at meal-time at the wood-pile on
Corte Madera creek ; were employed in scowing wood ; managed to get around
the wood-pile and escape in the bushes ; Rockwell and Tisdale were the guards ;
the prisoners were regularly locked up at night.

PUNISHMENT.

I have the inflicting of all punishment ; I use a raw-hide or leather strap ;
any violation of Prison discipline, such as attempts to escape, insurrections,
stealing, using offensive language, fighting, unnecessary noise, disorderly or
vicious conduct, render thera liable ; do not recollect ever giving over one hun-
dred lashes at one time ; ranging from five up, No other person employed in
Prison is permitted to inflict any punishment, except during my absence, when
I deputize some one ; but the business is generally laid over until my return.-

CLOTHING. *

For the past eight or nine months I have issued all the clothing to prisoners ;
they are as well clothed at present as at any time since I have been here ; I
think the prisoners sufficiently clad at present for comfort, with the exception of
shoes. At the time Estell took the Prison there was a quantity of shirts and
pants, since which he has purchased and had manufactured here such as are at
present worn ; I think each prisoner has a weekly change of clothing, but am
not positive as to the past four weeks. Mr. Gordon has had control of that
department ; considers it almost indispensable to have a uniform style of
clothing, such as is worn by convicts in most all the Eastern States. There is
no established rule making it compulsory for prisoners to wash or change
clothing weekly ; consequently some are quite filthy.

Complaints have been made of the scarcity of blankets ; the condition of
such as they have is tolerably good. There is a sufficient number of mattrasses

30

at present ; when a deficiency arises, we manufacture them from the material
on hand. Men are deputed to cleanse the prison and cells daily, and purify as
often as may be deemed necessary. The ven illation of the lower room is
ample ; of the upper, fully sufi&cient to preserve the health of occupants, either
in winter or summer. Occasionally they have tea or coffee, but it is not usual.

Subscribed and sworn to before me, this 29th day of Jannary, 185t.
, . GEO. H. ROGERS, Chairman.

EXHIBIT NO. 5.

C. E. Meredith : Was Commissary or store-keeper from January 1st, 1856,
and remained three days in the employment of the present Lessee, Estell. On
the 1st of January, 1856, we found the prisoners without clothing or bedding, and
extremely filthy. We immediately procured the articles needed and burnt such as
were then used by prisoners. The articles furnished at the time by the Directors
were good, substantial and comfortable woolen clothing and bedding, also boots
and shoes, two suits being furnished each prisoner. After the issue of two suits
each, such as were employed in service requiring more we furnished from the same
invoice. On the last month, say March, another invoice of clothing was received
from Gift, a small portion only of which was given to the prisoners by the Direct-
ors, and balance consisting of 300 or 400 pair of pants, 100 pair of blankets, etc.,
which, together with the balance of previous or first lot were delivered to the pres-
ent Lessee. W. L. Smith, then Warden, took an inventory of all property deliv-
ered to present Lessee. During my stay at the prison under the Directors the
provisions and clothing furnished were ample and of good quality generally, with
few exceptions, and very few complaints were made by guards or others using same.
About the 1st of August I was again employed by Gen. Estell, as guard on post,
which position I occupied for two months, and then resigned. I was informed by Es-
tell, on the sloop Ida, on my passage from Marin to San Francisco if I would return I
could have the position he intended for me, which was the Superintendent of the
yard. I returned and held this position for one month. A difiiculty occurred be-
tween me and an overseer about the employment of two convicts, Mr. Hull about
that time, which was reported to Estell. The consequences were that I handed in
my resignation to the clerk during the absence of Estell — on his arrival, at my
request, he accepted the same, and I left : when I returned about August 1st, the
prisoners were then wearing the same clothing purchased by the State, after which
Estell bought some blue and white cotton goods which were manufactured by the
prisoners into shirts and pants. He also purchased a small quantity of very in-
ferior shoes, which is the total of all clothing purchased during the time I was there.
The prisoners generally during the latter part of my term were very poorly clothed,
in some cases with scarcely sufficient to hide their nakedness ; some few were fur-
nished by their friends with the necessary clothing.

Messrs. Graham and Pomeroy through the clerk, Mr. Backus, were the parties
who ordered the provisions, the quantity of which was very limited, being not suf-
ficient for men confined, without employment, and nearly all were actively em-
ployed, producing murmuring and discontent among both employees and prisoners,
several of which employees left stating that to be the cause. Neither sugar or
coffee was given to prisoners during my stay, nor for a portion of the time to the
employees. One Spanish beef, averaging 350 pounds was killed daily, the best
portion of which was sent to San Francisco, to Graham and Estell, and sold or
gave away to other parties at San Rafasl and the vicinity of the prison. The pris-

oners would come to me frequently after finishing their tasks at the brick yards,
and beg to be allowed to go into the corral and get the oiFal, which being permitted,
they would devour the same, and in some cases without being cooked ; from seeing
the quantity set at the table and the voracity with which they devoured the offal,
I am able to state they were not half fed. At one time there were a large quan-
tity of damaged hams arrived from San Francisco, which were so poor and injuri-
ous to the health that Dr Lockwood, a prison doctor, (convict deputy) stated to
me that they were poisonous, and unless Estell gave the prisoners fresh meat or a
change, he would kill all the prisoners ; that at that time there were forty on the
sick list, and two deaths ; a large portion of the same was eaten by the prisoners
and the balance was thrown to the hogs, and not being eaten by them, were col-
lected and burned.

The treatment of a female convict in extremely delicate health by the Superin-
tendent, Mr. Graham, has already been published, and which for cruelty is unpar-
allelled.

Estell employed about 20 or 9.5 guards, whilst the Directors had from 35 to 40.
More of the convicts were employed at various occupations outside and away from
the Prison during the reign of Estell than when under the Directors, consequently
the necessity of more guards to prevent escapes, which were almost daily. Paddy
Martin, sentenced from San Francisco, for rape, for seven years, lived on the out-
side of the Prison grounds, and never had a key turned on him whilst I was there,
to my knowledge. His wife occasionally called to see him, and stayed two or three
days. During the last two months I was there he lived in San Francisco, having
left in company with Estell, on same boat. Whilst I was in San Francisco (two
months afterwards) he either gave himself up or was confined in that County Jail.

Rodman Backus, and some 20 others, termed " trusties," lived outside of the
Prison walls entirely, and were never under lock and key during my employ. A
large number of the escaped are persons termed " trusties" so appointed by Estell
and head Agent. One man, sent from El Dorado^ for mule stealing, (can't recol-
lect name,) was never locked up, and next day after arrival was sent in a gang
across the Bay to cut timber, by orders of Estell, and escaped. The gang were
composed of six or eight " trusties," and had no guard with them. One of the
convicts returned next morning and gave the information of his escape. The
prisoners were employed during the winter months, while under the Directory, in
grading the yard inside of walls and digging out clay for brick making, and when
Estell took possession everything was in readiness (tools included) and in complete
order for a remunerative spring business. When I left, about the 1st November,
there had been very few additions to the necessary implements.

I went there about the first of December, 1856, in charge of three prisoners, two
from Trinity and one from El Dorado. I found the same State's clothing, or what
there were left of same, on the prisoners, some without either boots or shoes. I
arrived after dark, and could find no free men there to receipt for prisoners. A
man by name of Howard, convict from San Francisco, signed the name of Estell,
and Wells, Captain of Guard, on the receipt. The next morning I made inquiry
who were the oflficers, and ascertained that Howard was Assistant Captain of
Guard, McLean was acting as Superintendent, and Gallagher as Commissary,
Backus a clerk, all of whom were convicts, and, except Howard, slept outside the
walls.

C. E. MEREDITH.

Being duly sworn before the Committees, states that evidences herein contained
is the truth and nothing but the truth.

February 9th, 1867.

3^

,.'.,.^ >r,,:..' ,/M. ..r.,j .-oJt EXHIBIT NO. 6.

William Pursley, of Marysville, being duly sworn before the Committee, deposes:

Was employed by General Estell for about two months as Superintendent of
brick making, commencing on April 27, 1856, was also living in the vicinity for
abont two months, and was at the Prison nearly every day during the four months.

When I first went to the Prison, the prisoners were well supplied with clothing,
blankets, &c. Prior to my leaving the men became destitute, in some cases being
compelled to use and make up clothing from old flour sacks, &c. To my knowledge
there was no clothing brought there, or any furnished during my stay. The reason
my attention was drawn more particularly to these facts, was owing to my applica-
tion to the Store Keeper, Mr. Henry, for flour sacks for use, and who informed me
that they had been all used as above stated, and that several of the best working
men were confined solely for the reason that they had neither clothing or material
to manufacture them. For about three weeks prior to the time I left, the prisoners
were fed on bad bacon only, which is said to have caused sickness, and in one case
death. The bacon was actually offensive

I know of several escapes during my term, some of whom were recaptured. I
have frequently seen prisoners termed " trusties" in San Francisco, walking the
streets without guard. McLean, sent from Sacramento City, for grand larceny,
for, I think, ten years, was employed as an Overseer of a gang of convicts outside
the walls, and I was informed by one of the guard, that at the time of being shot by
Gallagher, a convict, he was allowed to sleep outside the walls. Paddy Martin,
from San Francisco, was never confined, and occupied a small brick building, fur-
nished him by Estell; and the general report in Marin was that he paid Estell $3
per day for his time. His family were allowed to visit him at any and all times.
I am of the opinion that there were manufactured during the past season by con-
vict labor about 7,000,000 bricks, which, at $7 per thousand, would pay for keep-
ing and clothing convicts, and all other expenses of the prison, during the brick
making season — of about six months.

WILLIAxM PUESLEY,
Subscribed and sworn to before me,

GEO. H. ROGERS, Chairman.

Sacramento City, Febuary lltb, 1857.

EXHIBIT No. 1.

Wm H. Woodcock, of Marysville, being duly sworn before the Committee,
deposes :

About the middle of last July, I arrested, in my capacity as Police officer, at
Marysville, a man convicted of grand larceny at Coloma, by the name of Ed-
ward Phelps alias Dick Turpin, who I knew had escaped from Marin State
Prison. I confined him in the station-house for about a week or ten days, and
could have arrested him before had I thought it necessary. On the day of his
arrest I wrote to Gen. Estell, directing the letter to " Gen. J. M. Estell, Lessee
of State Prison, State of California," stating the fact of his arrest, description,
&o. Not receiving any answer to same, I wrote to some of my acquaintances
at San Francisco, who informed me that I would not be paid the expense of

33

keeping and returning said prisoner, and I released him. Since that time I
have seen several other escaped convicts, but I could not pay the expense of
returning them from my own resources.

WM. H. WOODCOCK.

Subscribed and sworn before me, at Sacramento, Feb. 18th, 1851.

GEO. H. ROGERS, Chairman.

EXHIBIT No. 8.

Office of the Attorney General, \

February 7th, 1857

Hon. G. H. Rogers, Chairman State Prison Committee :

Sir : — I have received your note of yesterday in relation to my understand'
ing of the effect of the decision of the Supreme Court (in the case of The
People ex rel. v. Johnson Noles,) upon the State Prison contract entered into
under the law of 1856.

In answer to your inquiries, I desire to state that in my opinion it necessarily
results from the decision in that case, that the law of 1856, appropriating, as it
does, large sums of money to the Lessee of the State Pri>on, is unconstitu-
tional and void ; that the contract entered into under that law is also void, and
that under said contract the Lessee has no vested rights whatever. If the law
itself is a nullity, the contract entered into under that law is also a nullity and
is void ; and a void contract cannot vest any rights in either of the parties to it.

Respectfully yours,

W. T. WALLACE,

Attorney General.

EXHIBIT No. 9.

Senate Chamber, Feb. 13th, 1857.

Hon. Richard M. Jess'jp, of the Special Committee of the Assembly on
State Prison :

Dear Sir : — Your communication of the 10th, on behalf of the above-named
Committee, requesting answers to the several interrogatories therein contained
relative to the Act of xMarch, 1856, creating a Board of State Prison Com-
missioners and defining their duties, has been duly received, and I beg leave to
ans»7er your several interrogatories as follows :

Interrogator?/ 1st. — In regard to the first inquiry, the Board of Commis-
sioners adopted in June last the old rules and regulations of the Directors, then
in force at the State Prison and conspicuously posted, which have not been
altered or amended since ; a copy of which I am unable to furnish.
5

' Interrogatory 2d. — In regard to your second inquiry, I beg leave to say that
I have no personal knowledge as to the daily attention given by the Directors
to the enforcement of said rules and regulations, and have never been officially
informed of any delinquency on their part, or delinquency on the part of the
Lessee. I received but one letter from any of the Directors, which was from
Mr. Alex. Bell ; the contents of which are not distinctly remembered, but I
think referred solely to the subject of rules and regulations.

Interrogatory 3<^. — Section 5th of said Act requires the Board of Commis-
sioners to visit the Prison from time to time, &c., fixing no definite period,
thereby rendering several efforts made by myself to visit the Prison, in company
with the other Commissioners, ineffectual, by reason of the distance of ray resi-
dence from theirs, and non-conformity of their business engagements with mine ;
though Col. Whitman, one of the Commissioners, has informed me from time to
time that he had made visits to the Prison in accordance with the law, and
found all things right. The Commissioners, as a Board, have made but one
visit to the Prison, which was in the latter part of March or first of April, 1856.

Interrogatory 4th. — I have received the sura of $260 80, in Controller's
warrants, under the above Act, and an Act approved April 19th, 1856, to pay
the Lieut. Governor for services as member of the Board of State Prison Com-
missioaera ;_ and know of no sum received by the other Commissioners.

Respectfully, R. M. ANDERSON.

EXHIBIT NO 10.

Sacramento, Feb. 7th, 1856.
To the Hon. Committee on Stale Prison from Assembly, State of California :

Gentlemen :

In compliance with a request from your Committee I submit to your considera-
tion the following fact connected with the management of the State Prison for
the past year, viz :

After entering upon the duties as one of the Directors of the institution above
referred to, I opened a correspondence as Director ani Secretary of the Board
of Directors, with the then ** Inspectors of the State Prison," namely : His Ex-
cellency Gov. Johnson, Hon. David F. Douglas and Hon. G. W. Whitman, all of
which 1 have heretofore submitted to your inspection, believing it important as
testimony to justify me in the course I have pursued in the small share I have
had in the manageraent of the Prison up to the present time.

As you will fifid from the correspondence the facts referred to, I deem it un-
necessary to recapitulate the sarae, consequently I will give you in few words the
history.

Gen. J. M. Estell took possession on the 29th of March, A. D. 1856, as
Lessee, and before taking possession he had supplied by A. M. Hay five thou-
sand dollars in provisions, and is now justly indebted to the State in that sum.
He has to my knowledge, since he has had charge of the Prison, turned loose on
the community in San Francisco, a horde of convicts ; also, in the county of
Marin the same has been done, and in place of his carrying out the spirit and
intent of the law, the contrary has been the fact. In regard to the number of

35

escapes I need not refer, presuming you have examined his books, which I had
no right to do under the law.

When the Lessee toolj possession he claimed, under the contract made with
the Commissioners, the right to possession of all property, consisting of hogs,
horses, cows, oxen, machinery, provisions, &c , belonging to the State. At the
State prison included, was as above referred to, not only the quantity purchased
and supplied him at or after the time of his making the contract, but also a large
quantity on hand at the prison, (ill. Meredith will testify as Commissary,) all of
which should have been charged to said Lessee, in Justice to the State ; but as
you will notice from the correspondence with Commissioners who let the contract,
I have been unable notwithstanding all my efforts to once see the contract, nor do I
officially know there to be one in existence. The Commissioners gave possession
to the Lessee without even notifying the Board of Directors that they were author* '
ized by law to do so, and have never furnished me with the slightest information
as to any rule or law that should govern my course at a Director. Immediately
upon the Lessee taking possession, 1 was given to understand both by him and his
agent, that I must give possession of the rooms I occupied, one as an office and
the other as a bed room, which was accordingly done, as I understood the State
had leased him all the property reserving nothing for the Directors on which to
either subsist or live, not even a house to cover them — he saying that when I was
at the prison I could be his guest. My position after being elected by the people
I thought should have at least protected me from insult and humiliation, but I re^
gret to say to your Honorable Committee that such was not the case. '

While looking on and protesting against the villainy being perpetrated on the
State I have not had even the consolation to know that I could prove what I could
swear to, and knew to be the facts. In connection with this matter permit me to
refer to the testimony of one Will. Hicks Graham, who swore to the reason why I
bad to leave the prison, and that it was because I had a large family to feed,
etc. This may be the reason, but such was not indicated to me by Gen Estell;
so far from it, both him and his agent knew that I bought my own provisions and
was no tax to him further than a small quantity of miserable poor beef, such as was
not in my opinion, even suitable for any human being, and I called the attention
of the agent to this fact, who was aware of the whole matter. In fact the object to
be attained was simply to get rid of my supervision, and this they succeeded in
doing. In regard to the note given to A. M. Hay, I personally know nothing —
the evidence is before you from which to draw your own conclusion.

Should the Legislature determine to abolish the office of " State Prison Direct-
or," I should certainly suggest respectfully to your Honorable body, to recommend ^
the passage of a law to give some one the right to control, to some extent, the man-
agement of the institution while farmed out. The Honorable Attorney General
together with eminent counsel, have unquali6edly assured me that the law giving
the right to lease or farm out the prison as done, was unconstitutional. Messrs.
Jas. Baldwin and Gov. Foote, Crittenden, and others, are the counsel alluded to ;
this, however, you have already investigated, no doubt.

As I before remarked, on the the 29th day of March, A. D. 1856, said Lessee
took possession, and on the 30th of the same month, drew his warrants for
$10,000, and I presume has continued to draw in advance the same amount every
month up to the present time ; and in addition to this, had supplied him something
near $10,000 worth of supplies, together with a large amount of perishable pro-
perty, such as horses, hogs, oxen, carts, mules, cows, machinery, vessels and
rigging, all of which will be entirely consumed ere this contract ceases^)' om 4.

As soon as the law was passed, the contract was given to the present Lessee;
and even before it was known that the Commissioners had received their appoint-
ments, I heard the Lessee make a bet that he then had the contract, the other ■

party saying that " I would give the amount to know that you had it," (meaning
the contract.)

Permit me, gentlemen, to again refer to charges that may be or have been
made against me for neglect of duty. I have only to refer you to circumstances
as before stated, and also to the following named gentlemen : the Hon. Attorney
General, Richard Roman, Hon. J. J. Kendrick, Assembly; Robert Haley, Esq.
and J. F. McCauley, to satisfy your Honorable Committee that I have done all
an honorable man could have done under the circumstances. Whatever pecuni-
ary embarrassments the course pursued by these parties have entailed upon me,
do not compare with the humiliation I have been compelled, as a public
oflBcer, to submit to ; and allow me to say, in this connection, that I am satisfied
that the plan to defraud the State was conceived in fraud and brought forth in
in inquity, long since ; and I hope by patient investigation upon your part, and
the little assistance I can render you, you will ere long be able to ferret out the
guilty parties, and consign them to the fate they so richly merit.

In conclusion, gentlemen, allow me to state to you my opinion in regard to
the present system and management of the Prison, I regard it as a disgrace to
the State, which in any other country would not be permitted to exist. From the
day that the Lessee took possession, his whole object seems to have been to keep
secret his management. Situated upon an almost isolated point, far from the
public gaze, he and his employees have been known to do acts heretofore unheard
of in a civilized community, and when it was known, and a committee sent to
investigate his management, I presume he made his arrangements accordingly.
I have myself seen convicts stalking through the streets of San Francisco in
broad daylight, without even the right to interfere. T have been cognizant of
the fact that large numbers have escaped, and no reward has been offered by the
Lessee or the Commissioners, and no efibrt made to protect the citizens of the
State from their depredations.

I have the honor to submit the above, and remain your obt. servfc.

huR fenoiaivoT

V ' ALEX. BELL,

^ State Prison Director.

Gentlemen :

TPermit me to add to the foregoing some reasons why I feel anxious that there
should be some one to supervise the acts of the Lessee, (he having the right under
the law to re-lease to other paties.) Under the existing law it is a well known fact
that where there are so many employees hired at a small monthly salary pome may
be on guard or in trnploy who might be willing, for a consideration, even
without the knowledge of the Lessee, to permit them to escape — these escapes have
been and will continue to be a sore curse upon our State, particularly to the
counties of Monterey, San Luis Obispo. Santa Barbara, lulare, San Bernardino,
San Diego and Los Angeles, and in order to protect the interest and lives of the
citizens of these counties I respectfully ask of your Honorable Committee to re-
commend the passage of some law calculated to check this evil as it exists ; and
permit me to state to your Honorable Committee, that in my opinion, if the pres-
ent system above referred to had not been adopted the lives and property of many
valuable citizens would have been saved to the State. You, gentlemen, no doubt
recollect the geographical position of the southern counties, particularly San Diego,

37

Los Angeles and San Bernardino. Exposed as they have been, not only to the
ravages of a horde of robbers, thieves and murderers, who have been headed by
escaped convicts, but the peculiar locality has invited all renegades ; and to add to
this is the misfortune of having had no rain for nearly twelve months past, Los
Angeles and San Diego counties have been made the receptacle of two thirds of
the villains who had left the Northern portion of the State, and as my home has
been in the lower country, I desire in the discharge of my duties to particularly
direct your attention to this matter.

I remain yours, respectfully,

ALEX. BELL,

State Prison Director.
. i

EXHIBIT m 11. ,

t)UQ

Captain Egbert Haley, resident in the City of San Fran.cisoo, being sworn
before the Committee, deposes as follows :

Has heard that a note for $5,000, drawn by J. M. Estell, was given to A. M.
Hay, and by him turned over to McKenzie, afterwards discounted by J. F. Mc-
Cauly. McKenzie told me that he had received the note from Hay after it was dis-
counted by McCauly. Does not know what the note was given for, and declines
giving the conversation between him and McKenzie, owing to its being of a strictly
confidential and private nature. This conversation took place while I was in
Sacramento — during last session of the Legislature — ^endeavoring to prevent
the passage of a bill abolishing the State Prison Directors. In a conversation with
J. M. Estell I succeeded in persuading him to withdraw his objections to its passage.

ROBERT HALEY.

Sworn to before me,

GEO. H. ROGERS, Chairman.

San Francisco, January 31, 185*1. : *■ Ji ,

EXHIBIT NO. 12.

A. M. Hay, of the City of San Francisco, being duly sworn before the Com-
mittee, deposes as follows: .': ,Li iii^b ^j: 6.;; o.i J

: P.O'-'.

I have received from J. M. Estell a note to my order for $5,000; don't
recollect the date of the note, time to run, or time of receiving the same. The note
was for a valuable consideration, but decline stating the consideration. I indorsed
the same without recourse, and loaned it to a friend, (decline stating his name,) by
whom it was placed in the hands of a broker for discount. I was reimbursed for

t

the use and face of sairte to my satisfaction by the party to whom I loaned it; don'

know whether it was paid at maturity.

ALFRED M. HAY.
JBefore me,

GEO. H. EOGERS, Chairman.
?,/; IJanuary 31, 1867.

EXHIBIT NO. 13.

J. F. McCauley, being duly sworn before the Committee, deposes as follows :

I resided in San Francisco from January 1st to February 5th, 1856, then left
for the Eastern States. I furnished beef for the Prison at Marin from January
1st to March 29th, inclusive ; when absent, it was iurnished by my agent, Mr.
Jas. S. Thuston, according to a contract with the Directors now on file in the
Controller's office. The beef was killed at San Francisco, and owing to calms
and hot weather, on one occasion it spoiled on the passage to Marin, which
resulted in the correspondence between Director Bell and myself, as shown in
bis letters. The^re was an appropriatioo for the Prison, passed by the Legislature
February 14th, 1856, of |15,000. I did not receive any portion of that appro-
priation, and I have recently ascertained that it was not intended for previous
indebtedness, but for future contingencies. I received a portion of an appropri-
ation made by Legislature April 7th, 1856, of $32,000, but do not recollect
amount so received ; think it was about one-half of my account. I hold a note
(shown) drawn by J. M. Estell and Archibald Woods for $5,000, payable
November 1, 1856. I advanced money on this note at the request of McKe«zie,
in San Francisco. Mr. Bell and the other Directors did not agree on matters
pertaining directly to the control and management of the State Prison. Com-
plaints were made by Bell about the quantity and quality of provisions, clothing,
&c , which irritated the other contractors. So far as my knowledge extends,
Mr. Bell has conducted and managed his duties, as State Prison Director, hon-
estly and fairly.

JOHN M. McCAULEY.

Subscribed and sworn to before me this 9th day of February, 185*7.

GEO. H. ROGEKS, Chairman.

EXHIBIT NO. 14.
-fli'

Leonard Smith, resident in the city of San Francisco, being duly sworn, depo-
ses :

Was Deputy "Warden of State Prison at San Quentin from January 1, 1856,
to April 1, 1856 ; during that time the provisions were furnished by F F.
McKenzie, Warden. Bacon was of a poor quality, and condemned by a com-
mittee appointed, consisting of Messrs. Knox, Haralson, Brooks and Stocker. The

30

flour was of second quality, but sweet ; the fresh beef w^as of good quality.
Coffee was served twice each day. A large quantity of beans (say 26,000 lbs.)
were condemned by the above Committee of four. There was a large quantity
of clothing and provisions on hand, which were paid for by the State at the time
Estell took charge. Everything was in readiness for the commencement of the
Spring labor of convicts to be remunerative. Gen. Estell took possession of all
the buildings, furniture, bedding, &c., belonging to the State, and occupied by
the Directors. I have seen quite a large number of prisoners in San Francisco
since the present Leasee took possession — on Montgomery street, at the Hotels,
and other places, without any guard.

LEONARD SMITH.

Sworn to and subscribed before me, January Slst, 1851.

GEORGE H. ROGERS,

Chairman.

EXHIBIT No. 15.

Before the Committee of the Assembly of the State of Calif orma to investi-
gate matters of the State Prison.

Martin E. Cooke being duly sworn, says :

That he is acquainted with Gen. Estell, Lessee of the State Prison ; that he
(witness) resides in Sonoma county ; that he is acquainted with one Francisco
Esparze, who was convicted in the summer of 1855, in the Court of Sessions of
the county of Sonoma, of the offense of grand larceny, and sentenced to im-
prisonment in the State Prison for a term of two and a half years. Witness,
on the evening of the 26th day of January, 185*1, was at the International
Hotel in San Francisco, and the said Francisco came into such hotel and had a
conversation with witness about his imprisonment, during which the said Fran-
cisco informed deponent that he had been living in San Francisco with Gen.
Estell for more than two months last past ; that he desired deponent to get a
pardon from the Governor for the offense, as he did not wish to remain under
the disability of a convicted felon ; that he did not have much to do at Gen.
Estell's. Deponent says that said Francisco at said interview was well dressed,
having nothing about him to indicate that he was a convicted felon. Said
Francisco, on his trial in Sonoma county, pleaded guilty to the indictment on
which he was sentenced. Said Francisco requested to see deponent this even-
ing (Jan. 27th,) at the International, and said he could and would call at six
o'clock, P. M.

MARTIN E. COOKE.

Sworn and subscribed this 27th day of January, 1857.

GEO. H. ROGERS.

Chairman S, P. Committee.

40
EXHIBIT No. 16.

• Wm. Hicks Graham being sworn before the Committee, deposes as follows :

I took charge of the State Prison on the 28th or 29th of March, as Superin-
tendent ; remained in that capacity until about October 8th, 1856 ; the evening
I took charge, Messrs. Bell, McKenzie and Wilson, Directors, were present,
and an inventory taken, by their order, a copy of which is now on file in the
Controller's office. Under the law it is made the duty of the Commissioners to
prescribe the rules and regulations for the government of the Prison ; I accord-
ingly desired Col. Whitman to furnish such copy of rules and regulations, and
was told to go on and govern under same rules as established by the Directors,
and I believe my discipline was the same as carried out by them. When I took
charge, neither money nor valuables belonging to prisoners were handed over to
me, which is made the duty of the Warden or his deputy to give to his succes-
sors in office Gen. Estell was desirous that Col. Bell should leave the Prison,
for the reason that he objected to the support of Bell's family, but was willing
to afford room and subsistence for Bell himself. Since the 8th of October, I have
acted in San Francisco as the agent of Gen. Estell. During my term of office
as Superintendent, the average quality and quantity of food for prisoners was
equal to that of laborers generally throughout the State of California.

WILL. HICKS GRAHAM.

Subscribed and sworn before me, January 31st, 185t.

GEO. H. ROGERS,

Chairman of Committee.

EXHIBIT NO. 11.

Captain George Simpton shows a copy of rations for XJ. S. Revenue Marine
from Secretary of Treasury of U. S. now extant, and for which the contractor
receives 45 cts. per diem. All articles of first quality.

''" WEEKLY (omitting DAILY.)

i; Beef . . j»j«sKi{>;> f #i 4 lbs.

• Pork. . .V* % ; 3 lbs.

J, Flour 1 lb.

, Rice 1 lb

f Dried Fruit Jib.

Pickles i lb.

'. Biscuit 98 oz .

2 Sugar • 14 oz .

If, * Tea 1| oz.

Coffee 7 oz .

. Coco '. 7 oz.

Butter 4 oz.

Cheese 4 oz .

Beans 1| pints.

Molasses i "

Vinegar | "

A copy of the above named rations were furnished Mr. Bell by Captain Simp-
ton at Bell's request, as an Index or Guide for provisioning the Prison after his
election as Director.

G. SIMPTON, .^

Sworn before Committee this day, January 31st, 1857. *^

GEORGE H. ROGERS, i!^

Chairman.

EXHIBIT No. 18.

David Clingham being duly sworn before the Committee, deposeth :

That from the 6th day of June, 1866, to the 29th of January, 1857, he has
purchased and delivered to the State Prison 846 head of cattle, which have
been slaughtered and consumed by the prisoners and attaches, to his knowledge,
during that interval, with slight exceptions, say averaging 30 lbs. per day, sold
in the neighborhood.

D. CLINGAN. '

- 1j

Sal

■0'' ? 1'* '

ubscribed and sworn to before me this 29th day of January, 185t.

GEO. H. ROGERS, Chairman.

1

la

EXHIBIT NO. 19. .-tji;

I • i '

John C. Gordon, being duly sworn, says:

Have been acting Superintendent of the State Prison since the 21st day of De-
cember, 1856. I acted as Superintendent of the State Prison for the State of
Missouri, for about 13 years, ending in the fall of 1853. One of the first objects
in a State Prison is to separate the prisoners, and prevent communication. I have
found it impracticable to separate here the prisoners, and there has not been
accommodations in prison rooms to allow all the prisoners to sleep inside the walls
with comfort. In my opinion the locality here is not suitable, and I think it
would be better to divide the prisoners and have separate localities. There are a
great many prisoners out of clothing for winter — they lack shirts. They ought to
have enough for a change. I am of opinion the class of prisoners will not allow
of extensive manufacturing. It seems to me that the natural aversion of the pris-
oners will be such that there should be branches. I think a large portion of the
prisoners could be best worked at cutting stone and making brick. I have been
here a little over a month, and never was here before. 1 have not been sufficiently
acquainted with the working of the prisoners to know whether they could be re-
moved advantageously or not. These are new crude opinions formed hastily, hav-
ing been here but a short time.

JOHN C. GORDON.

Subscribed and sworn before me this 29th day of January, 185Y.

rioi09V GEO. H. ROGERS, Chairman.

6

42

-qnJoHN C Gordon, Supenatendcnt California State Prison, upon oath:

I believe that tinder ordinary circumstances there are a sufficient number 'of
guards to safely keep the prisoners; I do not know that they are sworn to a faithful
performance of duty; I have been told that they were not sworn. I do not know
of my personal knowledge whether they are promptly paid or not, but many of the
employees have told me they could not get their pay as it was promised them,
and talked of leaving in consequence of the difficult}' they had in getting their pay.

I believe the employees have had reason to find fault with the food furnished
them, or rather, that the proper supply of some necessary articles of food were not
furnished. I do not think the prisoners are now being furnished with a sufficiency
of good wholesome food. This state of partial want has existed for several days,
and has caused me much anxiety. Their food during this time has been light
rations of bread and mackeral or corned beef. It is not customary to furnish the
convicts with either tea or coffee — except in sickness. There is a deficiency in
clothing. Among the first of my orders upon the Lessee I named the articles of
shirts, shoes, and blankets, and I since urged the Lessee to furnish them, but he
has not, as yet, attended to this request. There has not been a change of clothing
for all the prisoners since I came, and it is impossible to keep the men free from
filth unless they are provided with a full change. It is not customary to furnish
the convicts with coats, still I think it would be advisable to furnish them. For
the want of clothing I have thought it advisable to keep some of the convicts in
their cells, or in the long room, in bad weather, while in good weather I set them
at breaking stone. Unless food and clothing are furnished at once to meet the
present urgent wants of the institution, I shall, as Superintendent of the Prison, be
compelled to resort to means to keep the prisoners that might compromise the dig-
nity of the State. At this time there is not more than light rations, that may last
until Saturday night, 21st February, and I may be compelled to keep the prisoners
in close confinement because of the dissatisfaction arising from the want of full
supphes,

JOHN C, GORDON,

;Sworn and subscribed before me February 20th, 1857,

URIAH EDWARDS,

£i5,.jn J of State Prison Committee,

U iniffJ :

-"i-lqVd; . EXHIBIT No. 20.

'uii io f!

■ Point San Qdentin, Feb. 20th, 1867.

John E. Morton, upon oath, says :

I have been an attache to the California State Prison since January, 1856.
As far as I know, under the Directory, I believe there was no cause of com-
plaint in reference to food or clothing. I think printed rules and regulations
were in the possession of the officers and guards, pointing out the daties of each
officer. The " Trusty" system was practiced under the Directory of 1856.

m

I think there was an abundance of clothing and food on hand at the time the
present Lessee took possession of the Prison ; I do not think there is a suf-
ficiency of clothing at the present time to protect them from the inclemency of
the winter, at least of shoes For the last month, I think, as a general thing,
the prisoners have been well fed, although for the last ten or twelve days there
has been at times a scarcity ; it is not customary to give them tea or coffee.
For the last three months I think escapes have been less frequent, and I think
there has been a change in the general management of the institution for the
better. ; there are not so many Trustys now as formerly, and less favoritism. I
have heard general complaint on account of the Lessee not complying with the
contract which calls for monthly payment of salaries. I think at times the
general table has not been supplied with variety of food necessary to satisfy the
wants of laboring men ; I have heard general complaint in reference to the
food furnished the employes at times. I have never sent an order to the Lessee
that was not paid, although I have asked for money and did not receive it,
owing, as the Lessee said, to his not having the means.

JOHN MORTON.

Sworn to and subscribed before me, February 20th, 1857.

URIAH EDWARDS,

Of State Prison Committee.

EXHIBIT No. 21.

Point San Quentin, Feb. 20th, 1857.

Henry R. Johnson, upon oath, says :

I have resided here since the 1st of January, 1856, since which time I have
been an attachee of the State Prison ; I was sworn to the faithful performance
of my duty, as a guard, upon my accepting the ofifice under Gen. James M.
Estell, Lessee of the Prison. I do not know that printed rules or regulations
have ever been distributed among the employees ; I cannot, of my personal
knowledge, say whether the prisoners were properly fed or not ; I believe the
prisoners were well clad under the Directory of 1856 ; I heard no complaint
made of the want of food or clothing under that Directory ; at the time I visited
the prisoners' tables I think there was a sufficiency of wholesome food ; this
visit was about three weeks since. Some of the employees find much fault with
the Lessee's plan of paying the guard ; for myself, I am satisfied that the Gen-
eral will pay. There have been but few escapes for the last few months. I do
not know that there has been any marked change in the management of the
Prison recently ; still, less men are allowed to sleep out. In reference to escapes
I wish to state that in the event of an escape the most diligent efforts are made
to capture the fugitives ; I have known several hundred dollars to be paid as
rewards for the capture of those escaping.

HENRY R. JOHNSON.

Sworn to and subscribed before me, February 20th, 1857.

URIAH EDWARDS,

Of State Prison Committee.

44

■ f

EXHIBIT NO. 22.

Joseph 0. Connor, employee of the State Prison, being sworn, deposes and

I have been here nearly three years ; I was here under the Directors for 1856,
and under their administration the prisoners were well fed and clothed.

Do you think the prisoners are as well fed under Gen. Estell as under the
Directors ?

During the summer I think they were quite as well fed under Gen. Estell as
at any previous time; during the last two months they have not been as well
fed, either in point of quality or quantity. The quality of their food is not good,
but in point of quantity I think it suflBcient for the amount of labor they per-
form.

Do you think Mr. Pomeroy has used the necessary effort as commissary to
procure supplies for the prisoners, both food and clothing ?

I do. He has used, I believe, all due diligence to have the prisoners well fed
and clothed, as far as the same has come under my knowledge.

Has there been as many escapes within the past two or three months as here-
tofore ?

There has not, I believe Mr. Gordon, the present agent, is well qualified to
manage and direct the affairs of the Prison. He is almost daily making some
change for the better, and has now got nearly all of the prisoners sleeping within
the walls.

Do you know whether under the Directors for 1856 they were in the habit of
sw^earing in the guards and employees of the Prison ?

They were. I do not know whether it has been practiced under the present
Lessee.

Do you known whether the guards and other employees are paid promptly ?

I understand from them they are not, and there is some complaint in regard
to it.

What is the character of the buildings, workshops, &c., put up inside the
walls by Gen. Estell ?

' They are good, substantial buildings, as far as completed.
■ Why have those buildings not been completed ?

For want of material.
' Have you heard any complaint of too many prisoners being crowded into their
cells, or rooms ?

I have heard the Doctor complain ; I have heard him complain frequently, and
he has often urged the necessity of one hospital department. The long-room is
147 feet long by 22 feet 6 inches wide. The number of prisoners sleeping in the
long-room averages 230. The entire size of the present Prison is 180 feet by 28.

nli til yi;{j»u:) i;

JOSEPH 0. CONNOR.

Sworn to and subscribed before me, February 21st, 1851.

URIAH EDWARDS,

Of State Prison Committee.

45
EXHIBIT NO. 23.

San Quentin, Feb. 20th, 1851.
Dr. H. Harris, Resident Physician at the State Prison, upon oath says :

I do not think the food and clothing provided for those now in confinement
here is such as they should have to ensure health ; not less than fifty, and proba-
bly seventy-five, are entirely destitute of shoes, and the clothing and bedding of
the convicts are entirely inadequate to their wants, and this want will necessarily
beget ill health and want of cleanliness.

I do not know that the ofiicers and attaches acting under J. M. Estell,
Lessee, are sworn to the faithful performance of their duties — under the " Direc-
tory" they were.

I do not believe that the officers and guards are regularly paid their monthly
salaries. I do know that I have not been paid, and that this failure to pay oa
the part of the Lessee has occasioned me much embarrassment.

I have never seen a set of rules or regulations, written or printed, issued under
the Lessee for the government of the institution. I have known instances of in-
humanity arising from the petulance of convict overseers that might not have
occurred had there been rules and regulations defining the duties of the different
officers. I look upon the mode of punishment here as being in every way repul-
sive to humanity,

I with great pleasure state that I believe the present Superintendent, J. C.
Gordon, has done as well for the institution as it would have been possible for
any man to have done under like circumstancf^s. I believe him to be in every
way qualified-j— the proper means being placed at his disposal to conduct this in-
stitution in a manner calculated to reflect credit upon himself and do honor to
the IState.

To the question. Do you believe that the Superintendent and officers gene-
rally, notwithstanding the discouraging circumstances by which they are sur-
rounded are determined to safely keep and humanely treat the prisoners confined
to their care ? I answer — 1 do.

J. H. HARRIS.

Sworn to and subscribed before me, February 20th, 185t.

URIAH EDWARDS, S. P. Committee.

EXHIBIT NO. 24.

Office of State Controller, June 2d, 1856.

ooA-t a meeting of the Board of State Prison Commissioners, R. M. Anderson
and Henry Bates being present, the following resolution was adopted:

Resolved, That in the government and control of the State Prison convicts,

m

the Directors of the State Prison are hereby directed to observe the rules and
regulations adopted in May or June, 1855, and published in pamphlet form, and
that said rules and regulations, are hereby adopted and declared the rules for
the government of the State Prison convicts.

Signed,

R. M. ANDERSON, Chairman.
HENRY BATES, Secretary.

EXHIBIT NO. 25.

Point San Quintin, March 10th, 1856.

Col. Alex. Bell, State Prison Director —

Dear Sir:

Having, in complyance with your request, examined the beans and bacon
shipped to State Prison for State Prison use, we feel no hesitancy in saying that
they are not such articles as should be fed to the prisoners, in consequence of

their inferiority.

JOS. A KNOX,
J. T. STOCKER,
JNO. H. HARALSON,
A. H. BROOKS.

EXHIBIT NO. 26.
To the Hon. Committee on State Prison:

I have the honor to hand to your Committee a summary statement of
occurrences at the State Prison since the leasing of the same to the present Lessee,
the Hon. J. M. Estell. On the 29th of March, 1856, the said Lessee took posses-
sion of all the property belonging to the State at the place where the Prison is
located, (San Quentin,) and has since that time exercised "full control over the
same.

The law creating a Board of Directors gave to that Board the right to the use
of suitable buildings for themselves, and also for offices, provisions, and everything
necessary for the proper discharge of their duties. But the Legislature, it is to be
presumed, overlooked this, as the Lessee has, from the date above mentioned,
claimed, and still claims, under his contract, whether justly or not it is for your
Committee to determine, the exclusive custody, control, and inanagement, of all

An

the property and appertaaances of the said Prison, without regard to the rights or
priveleges which the said Board of Directors supposed to have been secured to
them, bylaw. i^tja-oU aviyu'jax:';

On several occasions I' solicited, in writing, the State Prison Commissioners to
furnish the Directors with a copy of the contract entered into with the Lessee.
This has never been complied with, although a full knowledge of the contents of that
document was and is essential to the Directors in the performance of the duties
assigned them, as the law expressly charges upon the Directors to see that the
said contract is carried out.

Under these circumstances, I wrote to the Hon. Attorney General to advise me
in the premises. His reply I submit to you. In his communication he stated
that he was unable to obtain a copy of the contract, and, further, verbally informed
ra,e that he was satisfied that the law under which the Lessee had possession was
unconstitutional, and that I was acting properly in not interlering with the Lessee,
until the matter should be decided, particularly as it was impossible to ascertain,
without some investigation, or legal proceedure, what rights and duties the Direc-
tors had during the existence of said contract. This, together with other circum-
stances, which I will communicate to you, will, I trust, gentlemen, satisfactorily
account to you for the course I have hitherto pursued in regard to the management
of the Prison aifairs, so far as I am concerned.

If it is your intention to inquire into matters that occurred prior to the pos-
session of the present Lessee, I have some information that may be of service.

In the first place I can show by the books that the State prior to that time
had paid for a much larger quantity of provisions, &c , &c , &c., say 100 per
cent more than could have been consumed by the prisoners and employees. .

Second. A large amount of supplies was purchased by the Warden a few days
prior to the time the said Lessee took possession, which supplies were taken by
the Lessee, but charged to and paid for by the State at a cost of several thou-
sand dollars.

I can further show that the Lessee gave his note to A. M. Hay for $5,000,
which note was given as a compromise between the Lessee, Wilson and McKen-
zie — the two latter agreeing to aid in the passage of a bill for leasing the Prison
and prisoners, which should inure to the benefit of the Lessee.

The Note above alluded to was at last advices in the hands of one McCauley.
I think it can be shown also that Estell paid $5,000 more to another partj^ for;
his services in the premises. .a-j ^m

In order to ascertain the fact above stated it will be necessary to have the
books kept by the book keeper during the months of January, February and
March, 1856; said books now being in possession of the Warden. All of which
I respectfully submit.

Ihave the honor to be,

<r cjif,, Yery respectfully.

Your obedient servant,

ALEX. BELL,
State Prison Director,

hi'^

48
EXHIBIT No. 21.

141/ t%

mi

Executive Department, \
February 17th, 185t. j
Hon. Uriah Edwards, Member of Assembly and of the State Prison Com-
mittee :
Sir : — Complaints having reached me since being in San Francisco, regarding
the condition and management of the State Prison, and finding you are in this
city, I hereby request you will at once proceed to the State Prison and make
due examination and inquiry regarding the condition of the Prison and prison-
ers, especially as to whether the prisoners are properly fed and clothed ; also,
whether due precautions are employed by the Lessee against escapes ; that is,
more particularly, whether the guards are sufficient in number and usefulness to
prevent such escapes.

Any other matters which may occur to you as pertinent to these inquiries,
you will also investigate.

Very respectfully.

Your obedient servant,

J. NEELY JOHNSON.

EXHIBIT NO, 28.

John Henry, sworn before the Committee, says he acted as Commissary for
Gen. Estell at the Prison from 13th day of June, 1856, to 2 1st December fol-
lowing. During that time, with a few exceptions, the prisoners were fed plenty
of coarse food. During a part of that time, a part of the clothing of the priso-
ners was poor, all the clothing, except shoes, were what might be termed medium
good clothing. At one time, some 200 pairs of shoes came over to the Prison,
which were distributed. This was the only number of shoes of any consider-
able quantity I recollect of. With this exception, the prisoners were supplied
from shoes on hand when I went there, and such as the prisoners brought to the
Prison. At times, a good many of the prisoners were entirely without shoes,
and I infer from the number distributed, that there must have been many with-
out shoes.

From ray own observations, and from the reports of those in charge of the
Prison, the prisoners have not been so well supplied with food since, as during
my stay at the Prison. I have been receiving the food for my family from the
store-house of the Prison, and have often been at San Quentin during that time.

I inferred from a letter I received from my family at San Rafael, 2^ miles from
the Prison, dated Feb. 21st or 22d, that there had been no arrivals of fresh
provisions recently, and up to that date. I knew of a package of what I sup-
posed to be beef, and a few sacks of flour, sent to the Prison on the 19th inst.

I have not been familiar with the management of any other State Prison, but
I have a pretty good idea of business generally. The general system of punish-
ment of prisoners at the Prison, is with a rod or strap. The Captain of the
guard, before the present Superintendant was employed, used generally a raw
hide; since that, Mr. Gordon has used a strap. I have generally avoided see-
ing the punishment, but have sometimes seen the infliction.

JOHN HENRY.

Subscribed and sworn to before me, this 24th day of Feb., 1857.

GEO. H. ROGERS, Chairman.

T

COM