REPORT, 
 
 OF THE 
 
 Committee on Penitentiary 
 
 TO THE 
 
 
 THIRTY-SECOND GENERAL ASSEMBLY. 
 
 I 
 
 .JEFFERSON CITY: 
 
 STATE JOURNAL COMPANY, STATE PRINTERS, 
 
 1883 . 
 
Senate Chamber, \ 
 March 16, 1883. j 
 
 Presented by the Committee on Penitentiary, March 16, 1883. Ordered that 
 1,000 copies with the testimony be printed for the use of the General Assembly, and 
 that 1 ,000 copies of the report, without the testimony, be printed with the appendix. 
 
 F. C. NESBIT, Secretary Senate. 
 

 REPORT. 
 
 Mr. President-: Your Committee on Penitentiary respectfully ask 
 leave to present the following report: Previous to the meeting of the 
 General Assembly, grave charges of mismanagement had been made pub- 
 licly against the managers of the Penitentiary, and the newspapers had for 
 some time been full of sensational articles relating to the investigation which 
 had been made by the Board of Inspectors in August, 1882. When the 
 committee perfected an organization, in order to ascertain if the matters 
 were of sufficient importance and seemed to have a sufficien' foundation in 
 fact to demand an investigation, they directed a letter to the Inspectors, 
 requesting that the testimony taken in that investigation be placed in their 
 hands, wdiich request was promptly complied with. The testimony w r as read 
 by the committee and was of such a character that they deemed a rigid 
 investigation necessary, and to that end asked and were granted power by 
 the Senate to send for persons and papers. In reference to this matter, the 
 following letter w r as received from Gov. Crittenden : 
 
 State of Missouri, Executive Department, 1 
 City of Jefferson, Jan. 18, 1883. / 
 
 Hon. James McGrath, Chairman Seriate Committee on Penitentiary : 
 
 Sir : I enclose you herewith a copy of a letter addressed by me to 
 - Hon. Henry Lhnder, Chairman of the Penitentiary Committee in the House 
 2 of Representatives, on the 12th day of January, inst. I respectfully ask 
 your committee to make such an examination of the management of that 
 institution as I have asked of the House committee. If the Penitentiary has 
 been injudiciously or w r rongly managed, it should be knowm ; if, upon the 
 other hand, it has been judiciously and properly managed, the Warden 
 should have his meed of praise. 
 
 Very respectfully, 
 
 THUS. T. CRITTENDEN. 
 
‘9 
 
 A 
 
 The letter enclosed was as follows : 
 
 State of Missouri, Executive Department, 1 
 City of Jefferson, Jan. 12, 1883. , £ 
 
 Hon. Harry Lander, Chairman Penitentiary Committee: 
 
 Sir : I enclose yon herewith the testimony taken by the Board of 
 Inspectors of the Penitentiary. It was sent to me by the Board, and I have 
 held it until a Committee on Penitentiary should be appointed by the Speaker 
 of your honorable body, with the view of delivering it to that committee. 
 If compatible with the views of the committee, I suggest that a thorough 
 examination be made of the financial and physical management of that 
 institution, without fear or favor, and that such a report be made to the 
 Legislature as the wisdom of the committee may suggest. 
 
 Very respectfully, 
 
 TI-IOS. T. CRITTENDEN. 
 
 The penitentiary is under the direction of a Board of Inspectors and 
 the Warden, the Board being composed of the State Treasurer, the State 
 Auditor and the Attorney-General, and their powers and duties are estab- 
 lished by law. We find that the Board of Inspectors have not maintained 
 that control over the management and discipline of the Penitentiary which 
 the law imposes upon them as a duty. While their testimony shows that 
 they made monthly visits to the Penitentiary, w r ith possibly a few exceptions, 
 and sometimes oftener than once a month, they failed to keep a record of 
 all such meetings and visits as is required by law. Up to August, 1882, they 
 made no examination of the invoices of goods bought, or into any of the 
 financial transactions of the Penitentiary, further than as such were shown 
 in the monthly statements and balance sheets of the Warden. Here, in the 
 opinion of your committee, rests primarily the foundation of the charges 
 against the management of the Penitentiary. We feel constrained to say 
 that had the Inspectors properly performed their duties, as required by law, 
 none of the abuses charged, or hereinafter mentioned, could have existed 
 without their knowledge. 
 
 The Warden, by virtue of his position, has the charge and custody of 
 the Penitentiary prison, with the buildings, stock, provisions, and every 
 other description of property pertaining thereto, belonging to the State, and 
 it is provided by section 6511 of the Revised Statutes that he shall not sell 
 or give to any of the officers or employes of the prison any fuel, forage or 
 provisions under his charge, noi permit such things to be taken or used 
 except for the use and benefit of the State. We find that the Warden has 
 violated some of the provisions of this section, having in a number of 
 instances sold forage and fuel to officers and employes. 
 
0 
 
 It also appears from the testimony that from eight to twelve horses 
 belonging to the officers and employes of the prison were kept at the Peni- 
 tentiary stables, part of them at the expense of the State. While the evi- 
 dence shows that those last mentioned were used in doing the work of the 
 State, it is unauthorized by law' and the committee considers it an abuse. 
 The Inspectors in October, 1882, adopted a resolution prohibiting the keep- 
 ing of any horses, other than those belonging to the State, at the Peniten- 
 tiary stables, and so far as w r e can learn this has been strictly enforced. 
 
 For a number of years the State has been leasing a farm in Callaw'ay 
 county, opposite the Penitentiary, and there raising potatoes, cabbage and 
 other vegetables for the Penitentiary. This has proved quite an advantage 
 to the State, financially, as they could be raised for much less than they 
 would cost in open market. 
 
 In this connection the committee desires to state that it has examined 
 into the charges made that convicts and teams from this farm were used in 
 cultivating a farm in that vicinity belonging to or leased by a brother of the 
 Warden, and find them to be without foundation in fact. 
 
 It will be seen from the testimonjr that a barber shop is in operation in 
 the second story of the round house, which is patronized by the officers, 
 guards and employes of the Penitentiary and some of the contractors and 
 their employes. Up to the time of the Inspectors’ investigation, the testi- 
 mony show's that this shop was under the charge of R. D. Willis and that 
 three able-bodied convicts were employed there. Some of the patrons of the 
 shop paid for the work they had done, the shop yielding, according to the 
 testimony, from $10 to $15 per month, out of which the expenses were paid. 
 The profits of the shop, since January 1, 1881, and which w r ere retained by 
 R. I). Willis, amounts, according to his testimony, to about $125. It has 
 been a custom for many years to keep a barber shop here, the profits of 
 which were retained by the party having control of it, but the committee 
 does not sanction the custom. The labor of these three convicts is worth, at 
 the regular contract price of forty cents a day, $360 a year. The committee 
 is of the opinion that if the officers and employes desire a shop there, they 
 should employ the convicts, as do the contractors, and not have this work 
 done at the expense of the State. The Inspectors adopted a resolution in 
 October, 1882, requiring an account of the receipts and expenditures of this 
 shop to be kept, the balance, after paying all expenses, to be paid into the 
 State Treasury, and it is now managed as required therein. 
 
 We find that, while the law' requires that no purchase of supplies in 
 excess of $500 shall be made by the Warden without authority from the 
 Board of Inspectors, such purchases have been repeatedly made. While we 
 regard such purchases as a technical violation of the law. yet in our opinion 
 they have inured to the benefit of the State. 
 
It was charged on the streets and elsewhere that the Warden received 
 rebates from the parties of whom he purchased supplies, and the charge 
 seemed to have some foundation in fact from the testimony of Wm. Myers. 
 The committee deemed this matter of so much importance that they decided 
 to examine the parties with whom the Warden had dealings, to ascertain the 
 correctness of falsity of the charge, and to that end visited St. Louis, where 
 his purchases, in the main, were made. In investigating this matter, the 
 most prominent business men of St. Louis were brought before the com- 
 mittee and testimony was never more unanimous, all stating most emphati- 
 cally that they had never paid or given to the Warden or any member of his 
 family or anyone in his employ, directly or indirectly, any rebate or money 
 or article of value of any kind or description in consideration of his making- 
 purchases of them. Further than this, they all stated that the Warden was 
 a careful and prudent buyer, well posted in all lines of goods, and always 
 securing the lowest prices when purchasing. This testimony is corroborated 
 by the merchants of this city, of whom the Warden has made purchases. 
 
 There has been considerable comment regarding the removal of United 
 States prisoners from this Penitentiary to that at Chester, III. We find that 
 but one prisoner, M. E. Rodgers, was removed, his removal having been 
 requested by himself and his friends, and the cause thereof being that he 
 had been whipped for what is entered on the prison records as --fastidious- 
 ness in dining room, etc.” The punishment was inflicted October 1, 1880, 
 and the extent thereof was three stripes. The correspondence of the War- 
 den with lion. Brewster Cameron of the Department of Justice at Wash- 
 ington, D. C., which appears in the Warden’s testimony, fully explains this 
 matter. 
 
 The committee finds that the convicts who have worked on Sunday did 
 so voluntarily, for which they were paid by the contractors and the amount 
 retained by them and that no convict has been forced to work against his 
 will on Sunday. The only work done on Sunday was that of cleaning 
 machinery and rubbing down seams in the saddle tree shop. It was neces- 
 sary that this last labor should be performed on Sunday or the convicts in 
 this shop were unemployed on Saturday. While opposed to compelling con- 
 victs to work on Sunday, the committee believe that the contractors should 
 not be denied a sufficient number of volunteers to clean up their machinery 
 and to do any other work that may be absolutely necessary on that day. 
 
 In January, 1881, th^ Warden, by direction of the Inspectors, advertised 
 for bids for supplying beef for the Penitentiary, the beef to be delivered on 
 hoof at the prison, to be what is known as ; - butcher’s beef” and net 50 per 
 cent. When the bids were opened on February 8, 1881, it was found that 
 there were three bidders — John W. Gordon of Cole, Newton & Son of 
 Sedalia, and Waddy Thompson of Warrensburg, and the former being the 
 
lowest bidder, the contract was awarded to him. The testimony shows that 
 there was a collusion between these bidders and the committee believe that 
 each knew what the other was to bid and had agreed that Gordon was to be 
 the lowest bidder. In consideration of this. Gordon permitted Newton & 
 Son to furnish what is known as “cut” meat on his ‘contract, and paid 
 Thompson the sum of either $500 or $600, Newton & Son, who held the con- 
 tract for supplying beef prior to January 1, 1881, were at that time supply- 
 ing from 150 to 200 pounds of cut meat per day to the Penitentiary and 
 continued to do so under Gordon’s contracts until in September, 1881, when 
 they were notified by the Warden that no more would be received. A short 
 time prior to this, Hon. Phil. E. Chappell, one of the Inspectors, discovered 
 that this cut meat was being received and spoke to the Warden regarding it, 
 advising him to receive no more of it, which advice the Warden promised to 
 follow. However, this cut meat was received for some time after from 
 Newton & Son of Sedalia, after this conversation, before it was stopped. 
 For two months, November and December, 1881, from 150 to 200 pounds of 
 cuf meat was received daily from St. Louis, being shipped by the commission 
 house of Gates & Co., on the order of Waddy Thompson. No cut meat was 
 received after this time. Considerable of this meat, both of that from 
 Sedalia and from St. Louis, was tainted and spoiled when it reached the 
 Penitentiary and was thrown away. The price paid for this meat was from 
 one to one and a quarter cents a pound less than the net price paid for the 
 beef delivered at the Penitentiary on hoof. The testimony shows that none 
 of the meat which was spoiled was paid for by the State. The committee 
 failed to find that the Warden was in any way interested in the beef con- 
 tracts, or that he knew at the time of letting the contracts that there had 
 been a combination between the bidders — Gordon, Thompson and Newton & 
 Son. The committee unqualifiedly disapprove of these transactions. By 
 direction of the Inspectors, the Warden had advertised for proposals to 
 furnish all the beef required at the prison and 1 the contracts therefor were 
 approved by the Inspectors, and the committee deem it a violation of his 
 duties for him to purchase beef from any other source or of any other kind 
 than under the contract. While the Warden had unlimited control of the 
 purchase of all supplies except this one item, the Inspectors sought to 
 regulate this, and in our judgment, he had no right to make outside pur- 
 chases to the extent which he did without their knowledge and consent. 
 
 We find the Penitentiary in a clean, wholesome condition, well policed, 
 and managed to the interest of the State. It is not self-supporting, but 
 pays all expenses except that of the officers. With added facilities and new 
 buildings about to be erected, it is to be hoped that a better price for the 
 labor can be obtained, and the convicts be made not only to feed themselves 
 but to pay all the expenses of guards, etc. 
 
8 
 
 The Penitentiary discipline is under the direct control of the Warden 
 and his deputy. As regards the punishment inflicted for violations of the 
 rules, in some cases it may seem severe, but when we take into considera- 
 tion the fact that the convicts imprisoned are bad, vicious men, confined for 
 crime, and, as a punishment for crime of all grades, condemned to hard 
 labor, all will admit that among them strict discipline must be enforced and 
 the means and authority for punishment conferred upon the Warden must 
 be adequate to this end. We feel a delicaey in making a recommendation 
 in this regard, especially to satisfy the whims of impractical philanthropists, 
 who would have the convicts treated as distinguished guests of the State, 
 but prefer rather to leave the matter to the judgment of those who have 
 charge of the Penitentiary, trusting to their experience, wisdom and 
 humanity. 
 
 The testimoity shows that convict labor is employed at the Executive 
 Mansion, without compensation to the State, in attending to the grounds, 
 furnaces and the stables. This is unauthorized by law, being prohibited 
 since the Revised Statutes of 1879, went into effect. 
 
 In conclusion, your committee desire to state that they have made a 
 thorough and impartial investigation of every charge made against the Peni- 
 tentiary and have omitted no line of enquiry suggested by the charges in 
 the public press, assertions on the streets or the investigation made by the 
 Board of Inspectors, and find nothing worthy of mention in this report 
 except as hereinbefore set out, and that, in no instance has there been any 
 evidence of corruption or peculation. We submit herewith all the testi- 
 monj 7 taken by us for the information of the Senate, to which we refer for 
 fuller details. 
 
 JAMES McGRATH, Chairman. 
 
 WM. G*. DOWNING. 
 
 T. J. O. MORRISSON. 
 
 E. M. EDWARDS. 
 
 JNO. H. BRITTS. 
 
TESTIMONY. 
 
 John Walker, State Auditor and ex-officio member of the Board of 
 Inspectors of the Penitentiary, being duly sworn, testifies as follows: “I 
 became Inspector of the Penitentiary, January 10, 1881 ; the Inspectors 
 received, according to law, a statement of the Warden of the Penitentiary, 
 giving the receipts and expenditures usually made on the 10th of each 
 month, together with pay roll of officers and employes; if the Board is not 
 in session on that day, the Warden hands them in and I laj 7 them before the 
 Board at the next meeting thereafter ; the Warden usually, on that day, 
 presents his requisition for amount of money to cover expenditures for the 
 month next before ; if not in session on that day, they are laid before the 
 Inspectors ; in every case the pay roll has been approved by the Inspectors, 
 upon which warrants have been issued for the amount named in the pay roll ; 
 the accounts above are balances ; these are carefully examined b} 7 the Board 
 at the time or at the first meeting thereafter, and if found correct are 
 approved; the Warden, by law, is not required to give the Inspectors a full 
 statement of receipts and expenditures, but merely the balances each month. 
 All other matters of business not contained in these statements are con- 
 tained in the Warden Is books, to which the Inspectors at all times had 
 access ; at the time of our investigation, everything on these books were 
 properly kept, very neat, indeed; we called off every item, every bill of 
 purchase, and found them properly distributed to the various accounts to 
 which they belonged ; the books did not show any irregularities whatever ; 
 the bills of purchase were correct as far as we could ascertain ; we have 
 011I3 7 gone through the books one time, which was in September and October, 
 1882 , Chappell and myself made this examination of the books ; Gen. 
 McIntyre, the other Inspector, was not with us in this examination ; we 
 were in the examination some three or four weeks, off and on ; we made it 
 thorough, embracing general accounts, merchandise, and everything per- 
 taining to that institution ; in our examination of the accounts of the insti- 
 tution, we did not find any irregularities on the books of the Warden ; 
 about the first of April, 1881 , we asked the Warden for a financial statement 
 
10 
 
 of the condition of the institution, which he made, showing an indebtedness 
 of institution of about $30,000, with available assets of about $15,000, 
 which would leave a real indebtedness of about $15,000, the result from 
 losses by fire and drought; we had the subject up and discussed it pretty 
 freely; we all agreed, that is, all the Inspectors and Warden, to divert a 
 part of the appropriations made for special purposes to repair damages done 
 by the fire ; we thought better to do this than to call the Legislature together 
 for this purpose ; but when the Legislature was called together for some 
 other purpose than this, we differed then as to the propriety of bringing the 
 matter before the Legislature, and a majority decided not to do so, which 
 vote was determined on the following resolution, offered by myself: 
 
 “ liesolved, That we ask the Governor to make known to the General 
 Assembly, now in session, the condition of the Penitentiary and to ask for 
 an appropriation of $14,000 for maintenance and $15,000 for dining room 
 and chapel, and to finish other improvements already commenced.” 
 
 This was rejected; Chappell and McIntyre voting no and Walker 
 voting yes; the Governor and the Warden opposed the resolution. 
 
 We have carried about the same indebtedness, that is about $14,000, up 
 to the end of the year ; all of which indebtedness resulted from the fire and 
 purchases made to repair losses and damages occasioned by the fire, such as 
 the weaving machine and lot of ground which the brick yard is on, etc. 
 
 When we took charge of the institution in January. 1881, it was entirely 
 out of debt, and an amount of earnings of $20,000 in the Treasury, which 
 was out of the earnin'gs. This we have not used and cannot use because it 
 has not been appropriated. 
 
 In the investigation by the Inspectors, we further found that there was 
 a number of horses in the stables ; on the 5th of May I saw in the Penitentiary 
 stables 17 horses that I recognized did not belong to the State ; on the Gth of 
 May the Secretary was authorized to address a letter to the Warden, inquir- 
 ing as to whether there were such horses there or not, and to whom they 
 belonged ; we received an answer, which is now on file here. 
 
 (Here the letter marked exhibit “A” was produced.) 
 
 This resulted in the passage of several resolutions, one of which was 
 that so much of the contract with Mr. Todd as relates to the care and feed 
 of one horse as part of his salary, be rescinded, and his salary increased to 
 $1,200. These horses were kept at the stables. In fixing the salary of 
 various officers, Mr. Todd offered to take $100 per annum less and have the 
 privilege of keeping one horse at the stables. But when we made this 
 investigation we found he was abusing the privilege of keeping one horse, 
 and had seven in the stables — five in one stable and two in the other. I 
 went down myself on the 5th of May and made these discoveries, and this 
 led to the inquiry and letter of the 6th. On my visit I found seventeen horses 
 
/ 
 
 1 1 
 
 in the stables altogether. These stables are all under control of the Warden. 
 I don’t know how long these horses had been kept there. I think the War- 
 den had two or three horses there, Peter AVillis one, Dr. Winston, (physician 
 of the Penitentiary), one, Captain Todd seven ; the lame horse belonged to 
 Gov. Crittenden. 
 
 A further resolution was adopted directing the Warden to purchase a 
 horse for the use and benefit of the wagon-master ; and also one horse to use 
 in addition to the one now owned by the State, to be used for general pur- 
 poses as saddle or light harness horses. 
 
 We also called the Warden’s attention to Section 6511, and requesting 
 and directing that no other animals be kept in the State stables, except those 
 belong to the State. “Other animals,” as here used, referred to cows. 
 This order was not intended to prevent the prison physician and contractors 
 from having their horses and vehicles put in the stables for shelter during 
 the day. 
 
 I don’t know whether the State owned any cows at that time or not. I 
 didn’t see any there. I didn’t go to the cow-sheds at all. 
 
 I have no memoranda that will show that we directed a letter to the 
 Warden asking whether the horses were kept at he States’s expense or not, 
 but we did direct such a letter, and in reply received the letter marked 
 “Exhibit B.” 
 
 We had a common or pasture connected with the Penitentiary, which 
 contained some twenty or thirty acres, and was used as a grazing ground. I 
 don’t know that it was used except for the State. This pasture did not be- 
 long to the State, but was leased. After having disposed of the State cows, 
 the lease expired, and we passed a resolution ordering the pasture discon- 
 nected from the stables belonging to the State, by closing the gates and 
 passages between. This resolution was passed August 8th, 1882. 
 
 The Warden was authorized to advertise for bids for the beef contract, 
 in January, 1881. I have not a copy of that advertisement. It required 
 the qualities to be what we call “50 per cent, beef,” to be delivered “on 
 hoof,” to the Warden, in amounts as he might direct from time to time.” 
 The contract required all the beef to be delivered on hoof, and no other kind 
 of beef was contemplated, nor advertised, nor contracted for, except that 
 named and contracted for at these lettings. I have seen the contract, but 
 have not a copy of the contract or advertisement. “Fifty per cent, beef” is 
 extra good beef- on foot. This matter is determined by weighing the annimal 
 live and getting the gross weight before butchering; then butchering and 
 hanging the quarters up fora few hours until they dry or quit running; 
 then weigh the net beef. If the difference between the net and gross weight 
 is 50 to the 100, it is “50 per cent beef,” and the difference in quality is the 
 difference above and below 50 per cent. We bring the animals in and 
 
12 
 
 butcher them, hanging the meat up after this manner, and then weigh the 
 meat ; then we double the net weight and call it the gross weight, and pay 
 accordingly. 
 
 This contract was awarded on the 8th of February, 1881, to John W. 
 Gordon for six months, ending July 1, 1881, at $3.62J per hundred pounds. 
 Before the expiration of six months, the Warden advertised for other bids, 
 so that the contract could be let at the end of the six months. This contract 
 was let to the same party, Mr. Gordon, for six months, at $3.80. 
 
 The next contract was awarded to the same party for twelve months. 
 
 There were two lettings between July, 1881, and January, 1883. From 
 the 8th of February^ 1881, to December 31, 1882, Gordon held the contracts 
 continuously, and supplied all the beef for that time. 
 
 In the investigation we speak of, we discovered no irregularities in the 
 contract for beef, and I have heard no complaint on the part of the Warden, 
 Inspectors or others during the entire term that the beef was not good. 
 
 Question by Air. Downing: Upon your investigation that you speak of, 
 did you ascertain that any beef had been furnished otherwise than according 
 to contract? 
 
 Mr. Walker: We did. 
 
 Mr. Downing : Please state in what respect. 
 
 Mr. Walker : I will refer to a class of meat called cut meat ; I did not 
 see any of this meat; I understand “cut meat” to be that class of meat left 
 in the butcher shop after the day’s sales have been made and the choice 
 pieceses disposed of ; they range in weight from a few pounds to ten, to fifty 
 and sometimes to 150 pounds ; this would be the refuse meats, shank, neck 
 and bony pieces, or any part of the meat left, sometimes a whole quarter. 
 
 Mr. Downing: What years was that meat sent in? 
 
 Mr. Walker: Three hundred and nineteen days in the year 1881. 
 
 Mr. Downing : About what amount of cut beef w^s received in that 
 time ? 
 
 Mr. Walker: About 60,000 pounds. 
 
 Mr. Downing: Do you know who furnished this meat? 
 
 Mr. Walker : Our understanding is that Waddy Thompson furnished it, 
 and that he secured it from the shop of NeAA r ton & Son, butchers, at Sedalia. 
 
 Mr. Downing : Do you know of any coming from any other place or 
 source ? 
 
 Mr. Walker: Yes, sir. 
 
 Mr. Downing: Wherefrom? 
 
 Mr. Walker: 13,000 or 14,000 pounds of this came from St. Louis, in 
 the latter part of the year. 
 
 Mr. Downing: Do you knoAA r who shipped it? 
 
 Mr. Walker: Waddy Thompson. 
 
13 
 
 Mr. Downing : To whom was it shipped here ? 
 
 Mr. Walker : To the Warden ; I don’t know certain, but I undestand so. 
 
 Mr. Downing: From whom did you learn this? 
 
 Mr. Walker: From the Warden. 
 
 Mr. Downing : Did the State ever make a contract with Waddy Thomp- 
 son ? 
 
 Mr. Walker : Not within our administration. 
 
 Mr. Downing : When did you first ascertain that any meat was coming 
 from Waddy Thompson? 
 
 Mr. Walker: The first I knew was in the month of August, 1882. 
 
 Mr. Downing: When you first learned this fact, what did you do? 
 
 Mr. Walker: I made inquiries into the fact. 
 
 Mr. Downing : Of whom ? 
 
 Mr. Walker: I hardly know how many, but neither of the Inspectors 
 or Warden; I first inquired of the convicts and got some information from 
 them ; those whose time dated from prior to 1881, spoke of the bad hash during 
 that year, while those who had come in since that time said it was good ; on 
 the occasion when we (the Inspectors) were taking our regular round, which 
 was about monthly, we invited the Warden to go with us to Commissary 
 Willis’ department, and he did so; we found Peter Willis (a brother of the 
 Warden’s) in charge of the establishment ; we made inquiries into the man- 
 ner of keeping the books, requisitions, and the entries for the same ; we then 
 asked him how the supplies came into his hands and how he receipted for the 
 same, and among other questions, how the beef came in ; he said the beef 
 was butchered and hung upon the hooks and dried sufficiently and then 
 brought into his establishment and weighed ; as a rule no one witnessed the 
 weighing except himself and Gordon, the contractor ; the net weight was 
 doubled and then entered as the gross ’weight, by which it was to be paid for ; 
 I then inquired of Peter if any of this cut meat came in there ; he said no ; 
 I asked him if there had not been a cask of cut meat received during that 
 administration and he answered, no ; I then called his attention to the 28th 
 of August, 1881, as the date of receipt for a cask and asked him to refer to 
 his books and ascertain the truth of it ; he made reference and came to the 
 conclusion it did ; I don’t know whether he found it on the books or not, but 
 after looking for some time he said it did ; I asked him if there were not two 
 casks, and he said he was under the impression that there were not ; I insisted 
 that there was and he finally agreed that there were two — one received the 
 next day ; I then asked is he had not received ten such casks and he said 
 perhaps they had ; I asked if he wouldn’t make it twenty ; he said not unless 
 I described the meat further; he didn’t know what meat I referred to and I 
 had better ask James (meaning the Warden) ; he said he thought the In- 
 spectors ought to know all about that without asking him ; we then pressed 
 
14 
 
 it to a greater number of barrels, first one and then another, and he gave no 
 definite answer, but said we would have to describe it further, all the meat 
 received was credited up to Gordon, but if I meant the Thompson meat he 
 would know more about it. This was the first time I knew that Thompson 
 had anything to do with it ; I then asked the Warden what Thompson had to 
 do with it; the Warden was present during this conversation and heard all 
 of it; he said, nothing whatever ; that all the meat received was credited up 
 to Gordon, meaning that Thompson had nothing to do w r ith it. The Warden 
 did not say anything while we were questioning Peter Willis ; we adjourned 
 at this time and when we assembled at the Warden’s department the Warden 
 told us the amount of cut meat that had been received, whieh was 57,907 
 pounds, during our administration, that is, from January 10, 1881, to that 
 date. 
 
 Mr. Downing: What explanation did the Warden give of this? 
 
 Mr. Walker: He gave a full account of how it came about; his 
 explanation was that w r hile several hundred convicts were working at the 
 Montserrat coal mines, they engaged that kind of meat of Newton & Sons of 
 Sedalia, to feed the men at the mines ; after the convicts were removed from 
 that place to the Penitentiary, they asked to be allowed to furnish a part of 
 that kind of meat, and he consented to it ; with this transfer of men and 
 meat, Thompson’s name came in; about the time of the letting of the con- 
 tract the permission was given the new r contractor, Gordon, to put in from 
 150 to 250 pounds or thereabouts, daily, of this cut meat ; we asked Mr. 
 Willis what price he agreed to pa}^ for this cut meat and he answered “ one 
 cent less than he paid for the contract meat,” because in butchering the}’ 
 had the hide and tallow, w T hieh was counted worth one cent a pound net ; 
 that is to say that if a beef nets 500 pounds, the hide and tallow would be 
 worth $5.00. 
 
 Mr. Britts: Was this meat charged to the State at 5 cents a pound?” 
 
 Mr. Walker : No, at 6 cents ; we w T ere paying Gordon 7 ; it was 
 charged to the State at the price he paid, the State getting the benefit of the 
 reduction ; we made inquiries of a number of parties regarding this meat, 
 among them Deputy Warden Bradbury, Mr. Lewis (the cook) and Mr. Gor- 
 don (the beef contractor), which evidence has been furnished you and is 
 marked “Exhibit C.” 
 
 While we were in the investigation and Warden Willis was being 
 examined, Mr. Chappell called the attention of the Inspectors and the War- 
 den to the fact that on a certain da}^ in September, 1881, he, Chappell, had 
 noticed the class of meat that was being received and remonstrated with the 
 Warden about it and the Warden promised him that no more should be 
 received. 
 
Mr. Downing : When did Mr. Chappell first speak to you about this 
 information? 
 
 Mr. Walker: The day we made the examination of Peter Willis in the 
 Commissary Department, the time above referred to, in August, 1882. 
 
 Mr. Downing: Did Mr. Chappell make any statement to you on that 
 day as to why he had not spoken of this before? 
 
 Mr. Walker: Yes; he said he thought he had made satisfactory 
 arrangements for stopping it. 
 
 Mr. Downing: What statement did Mr. Chappell make to you that daj r 
 as to the quality of the meat spoken of. 
 
 Mr. Walker: He said it was not good ; I don’t think he discussed the 
 quality of the meat far. 
 
 Mr. Downing: Did he state how much of this he had seen? 
 
 Mr. Walker : I understood him one package. 
 
 Mr. Downing: How did you learn that after Mr. Chappell discovered 
 this, the meat stopped coming from Sedalia? 
 
 Mr. Walker: From the parties — the Warden, Peter Willis, Gordon and 
 Lewis (the cook.) 
 
 Mr. Downing : About what time did you say that cut meat stopped 
 coming from Sedalia? 
 
 Mr. Walker: About September 10, 1881. 
 
 Mr. Downing: You say Chappell’s conversation with the Warden was 
 in September? 
 
 Mr. Walker: Yes. 
 
 Mr. Downing : Do you know when they commenced getting cut beef 
 in St. Louis? 
 
 Mr. Walker : The last of October or the first of November of the same 
 
 year. 
 
 Mr. Downing: How did 3^011 ascertain this fact? 
 
 Mr. Walker: From the Warden ; he said the meat arrived here without 
 warning ; when he was notified that it was on the depot he went to the depot 
 and found that it came from St. Louis and was sent Ity Waddy Thompson 
 through Mr. Gates. 
 
 Mr. Downing: What do you consider this quality of cut meat worth? 
 
 Mr. Walker: About two cents a pound net. 
 
 Mr. Downing : What relation is Peter Willis to the Warden? 
 
 Mr. Walker : A brother ; the Willis on the farm is also a brother. 
 
 Mr. Downing: Do you know of anything else in relation to the cut 
 meat business that we should know? 
 
 Mr. Walker: L can’t think of anything except what is covered by the 
 evidence. 
 
16 
 
 Mr. Downing: Was Gen. McIntyre present at these various conversa- 
 sations in relation to the cut meat? 
 
 Mr. Walker: Yes ; he was present when we examined Peter Willis and 
 all others pertaining to this subject. 
 
 Mr. McGrath : I understand you to say that the first you knew of this 
 cut meat was through Mr. Chappell? 
 
 Mr. Walker. No, sir. 
 
 Mr. Downing : In your investigations there dfd you find any other ir- 
 regularities except those spoken of? 
 
 Mr. Walker. We found irregularities about the barber shop. 
 
 Mr. Downing: Please state the nature of them. 
 
 Mr. Walker. There is a barber shop in the second story of the round 
 house, where three men are kept, two as barbers and hairdressers and one as 
 boot-black — all called barbers on the time table ; on inqui^ as to the amount 
 of business done we were informed by Capt. Bradbury that there were about 
 seventy to eighty men who had their work done there. You will find a full 
 statement of that in the testimony of Ralph Willis, marked “ Exhibit D.” 
 
 Mr. Downing: Were these men kept at the expense of the State? 
 
 Mr. Walker: They were not hired to him as barbers or any other way. 
 
 Mr. Britts. Were they able bodied convicts? 
 
 Mr. Walker: They were. 
 
 Mr. Edwards : In that examination of Ralph Willis I notice he said 
 their time was kept as barbers. 
 
 (Mr. Walker here showed time table and explained it.) 
 
 Mr. Britts : I see here on the time table that there are eight men noted 
 as “ round-gate and barbers,” who work for the State. Do five of these act 
 as barbers for the convicts and three for the officers ? 
 
 Mr. Walker: Yes; three of the eight are those I refer to. 
 
 Mr. Downing: Which of these different barbershops shave the con- 
 victs? 
 
 Mr. AYalker: There is no barber shop for the convicts; the barbers 
 take their stool along' with them into the shops and call the men from 
 their work and fix them up ; I consider they work for the State ; these three 
 barbers do no other services than as barbers in the shop referred to for the 
 benefit of the men mentioned, and are under the care and direction of Ralph 
 Willis. 
 
 Mr. Downing : Who received the proceeds of this shop under the con- 
 trol of Ralph Willis? 
 
 Mr. AYalker : Ralph Willis. 
 
 Mr. Downing : Can you state how much this would amount to in a year? 
 
 Mr. AYalker: I can’t say exactly, but suppose it would amount to $10 
 or $12 a month; the labor of an able-bodied convict brings the State forty- 
 five cents a day on contract. 
 
Mr. Downing: When did you first learn that Ralph Willis received the 
 proceeds of this shop ? 
 
 Mr. Walker: During the investigation. 
 
 Mr. Downing : Does he receive the proceeds of it now ? 
 
 Mr. Walker : He does not ; the Inspectors passed a resolution that it 
 should be run as it had been done and a correct account of tne receipts and 
 expenditures kept, and the balance, after paying expenses, turned over for 
 the benefit of the State. 
 
 Mr. Downing : What official position does Ralph Willis hold in the Peni- 
 tentiary ? 
 
 Mr. Walker: He is chief clerk, by appointment. 
 
 Mr. McGrath: How appointed? 
 
 Mr. Walker : By the Warden, subject to the approval of the Inspectors. 
 
 Mr. Downing: What relation is Ralph Willis to the Warden? 
 
 Mr. Walker: He is a son of the Warden. 
 
 Mr. Downing : What are the duties of the Inspectors of the Peniten- 
 tiary ? 
 
 Mr. Walker: The Board of Inspectors have a general supervision over 
 the affairs of the Penitentiary ; to make suggestions to the Warden ; to ap- 
 prove or disapprove the appointment of certain officers ; to make suggestions 
 as to police regulations, and to hold monthly meetings, keep a minute of the 
 proceedings, receive the Warden’s monthly report made on or before the 10th 
 of each month of the receipts and expenditures, accompanied by the Warden’s 
 vouchers for expenditures, receive and approve the monthly pay-roll ; to 
 view the number of names presented by the Warden of convicts who got out 
 for the months, and assess against those who have violated the rules their 
 punishment ; to approve the letting of contracts for beef and other supplies 
 of any considerable amount ; to receive from the Warden his report and trans- 
 mit the same to the Legislature biennially, and to appoint a commission to 
 appraise the property of the Penitentiary, and some others that I may not 
 remember. 
 
 Mr. Downing: Please state briefly the duties of the Warden. 
 
 Mr. Walker: The Warden has direct control of the prison and pris- 
 oners under the general supervision of Inspectors ; he divides the labors and 
 attention among his subordinate officers and employes ; it is his duty also to 
 advertise for the letting of contracts for convict labor and to let the same 
 subject to the approval of the Inspectors ; to advertise and receive bids for 
 beef and for other provisions of any considerable amount, say about $500 ; 
 and to enter into contract for the same by and with the consent of the 
 Inspectors ; to make out his monthly statement for the Inspectors of the 
 receipts and disbursements, with the vouchers, to deposit receipts with the 
 c r p — 2 
 
18 
 
 Treasurer, to draw liis requisition for warrants against the various appro- 
 priations and receive the warrants from the Auditor, present the warrants 
 and receive the money for the same, which are in turn to be paid for the 
 various purposes and account for the same ; it is also his duty to confer with 
 the Inspectors with regard to all matters pertaining to the institution ; he 
 can make contracts, independent of the Inspectors, for supplies to the value 
 of less than $500, but none to exceed that. 
 
 Mr. Downing: How often did yon, as Inspectors, visit the Penitentiary 
 and hold stated meetings? 
 
 Mr. Walker: We aimed to hold them once a month, but 1 think it 
 occasionally happened that there was more time than a month between 
 meetings. 
 
 Mr. Downing : Did you hold these meetings spoken of at the Peniten- 
 tiary ? 
 
 Mr. Walker: We did. 
 
 Mr. Downing: Have you a record of these meetings? 
 
 Mr. Walker: Not all of them; it oftentimes happened that we felt 
 there was no special necessity for the meeting to pass a resolution or make 
 an order and no minutes were made. 
 
 Mr. Downing : When did you hold your last regular meeting at the 
 Penitentiary, prior to the 18th of August, 1882? 
 
 Mr. Walker: I cannot answer. 
 
 Mr. Downing: Did you hold a regular meeting at the Penitentiary 
 between June, 1881, and August, 1882, such as is required by law? 
 
 Mr. Walker: Yes, sir, we did. 
 
 Mr. Downing: Have you a record of any such meeting? 
 
 Mr. Walker: There was no*record made during that time. 
 
 Mr. Downing: Do you make a record of your monthly meetings or 
 visits as required by law ? 
 
 Mr. Walker : If there is business of much importance transacted, we do. 
 
 Mr. McGrath : What do you mean by business of “much importance ?” 
 
 Mr. Walker : If it is to change an order or to approve or disapprove 
 of anything that is going on I would call it of importance. 
 
 Mr. Downing : About what are the monthly receipts and expenditures 
 of the Penitentiary ? 
 
 Mr. Walker: It run from $7,000 to $8,000 and $9,000 after the dis- 
 posal of the broom factory; prior to that time it averaged about $12,000. 
 
 Mr. Downing: Did you or not, between the time stated above, June, 
 1881, and August, 1882, at any of these stated meetings or visits, investigate 
 the accounts of purchases, bills or invoices or sales on account of said 
 Penitentiary. 
 
 Mr. Walker : I think we did not. 
 
19 
 
 Mr. Downing: Were not these matters of importance? 
 
 Mr. Walker: They were. 
 
 Mr. Downing: Did you at any time within the dates above specified, at 
 the Penitentiary, enquire into matters connected with the Government, dis- 
 cipline and police regulations of the Penitentiary? 
 
 Mr. Walker: I can’t call to mind any occasion that we did. 
 
 Mr. Downing: Did you, within the time above specified, at an} T of 
 your meetings at the Penitentiary, enquire as to the employment of the con- 
 victs at the Penitentiary ? 
 
 Mr. Walker: We did not; the most of the talk about discipline and 
 employment took place at our office. 
 
 Mr Downing: Did you at any time within the dates specified, at any 
 meeting at the Penitentiary, enquire into the money concerns and contracts 
 for work? 
 
 Mr. Walker: We did not. 
 
 Mr. Downing: Did you at any meeting at the Penitentiary, enquire 
 into or learn of any alleged misconduct of the Warden or any other officer, 
 or employe of the Penitentiary? 
 
 Mr. Walker: We did not that I remember of. 
 
 Mr. Downing: Did you, as Inspectors, keep regular minutes of all 
 your meetings, visits and proceedings while at the Penitentiary and sign the 
 same ? 
 
 Mr. Walker: No. 
 
 Mr. Downing: Did you keep any book at the Penitentiary for that 
 purpose? 
 
 Mr. Walker: We did not; the minute book was kept at my office and 
 was only at the Penitentiary three or four times within the two years. 
 
 Mr. Downing*: Did you, within ' the time specified, make any enquiry 
 at the meetings at the Penitentiary, with regard to the treatment of the pris- 
 oners, their food, or clothing? 
 
 Mr. Walker: The clothing question was discussed once at the Peniten- 
 tiary, but the real transaction took place at our office. 
 
 Mr. Downing: How did you come to make an examination of these 
 things after the 18th of August, 1882, and not before? 
 
 Mr. Walker: Not a great while before that, say in April, I thought 
 everything was getting along nicely, and had the greatest confidence in the 
 Warden’s statement as to the business and management of the Penitentiary ; 
 the discussion of the police regulations and infliction of punishment, disci- 
 pline, etc., usually occured once a month at our office, and not at the Peni- 
 tentiary, when we discussed nearly all of the matters asked for above as hav- 
 ing taken place at the Penitentiary. 
 
20 
 
 Mr. Downing : Did you keep any record of any suck meetings as you 
 have just spoken of. 
 
 Mr. Walker: We do not always enter all the proceedings on the minute 
 book, but oftener enter the order on the list of prisoners furnished by the 
 Warden, which is filed in our office as part of the records ; the pay-roll is re- 
 ceived, examined and endorsed and approved in the same manner and filed 
 as part of the record, but is not always entered on the minutes ; the state- 
 ment of the receipts and expenditures is also received, approved and filed 
 and the balances entered on the minute book each month. 
 
 Mr. Downing: Do you know, of your own knowledge, during your ad- 
 ministration, of the Warden selling or giving to any of the officers or em- 
 ployes of the prison any fuel, forage, provisions or manufactured articles 
 under his charge belonging to the State? 
 
 Mr. Walker: I do. 
 
 Mr. Downing: State what. 
 
 Mr. Walker: Corn, oats, hay, wood and coal. 
 
 Mr. Downing : In what quantities ? 
 
 Mr. Walker: In small quantities, say wood by the cord or a few cords, 
 and corn by the bushel or a few bushels. 
 
 Mr. Downing: To what employes or officers? 
 
 Mr. Walker : I don’t know of any except a few r cords of wood to St. 
 Clair Miller and coal to Dulle. * 
 
 Mr. Downing: From whom did you learn this? 
 
 Mr. Walker: From the Warden. 
 
 Mr. Downing: Were the proceeds of these sales placed to the credit of 
 the State? 
 
 Mr. Walker: I think part of them were, but I can’t say certainly as to 
 the other part. 
 
 Mr. Downing : Were these sales made by the consent of the Board of 
 Inspectors ? 
 
 Mr. Walker: They were not. 
 
 Mr. Downing : Do you know of your own knowledge whether or not 
 the Warden hired out any of the convicts, as domestics, to any person out- 
 side of the prison walls? 
 
 Mr. Walker: I do not. 
 
 Mr. Downing: Did you ever hear of such. 
 
 Mr. Walker: I have not. 
 
 Mr. Downing : Will you please state whether or not any of the United 
 States prisoners have been taken from the Penitentiary, and, if so, the reasons 
 therefor? 
 
21 
 
 Mr. Walker: Some were removed: my recollection is that there was a 
 difference of opinion as to what they should pay for the keeping of them, but 
 I don’t know that that was the reason. 
 
 Mr. McGrath : What property has the State bought or rented during 
 your administration? 
 
 Mr. Walker: We have rented a farm, called the State farm. 
 
 Mr. McGrath : From whom did you rent it. 
 
 Mr. Walker : From Mr. Chappell. 
 
 Mr. McGrath: How long have you been renting it? 
 
 Mr. Walker: We have rented it for two years, 1881 and 1882. 
 
 Mr. McGrath : What rent do yo pay for that farm ? 
 
 Mr. Walker: Four dollars and a half an acre. 
 
 Mr. McGrath : How many acres are there ? 
 
 Mr. Walker: One hundred and seventy or seventy-five. 
 
 Mr. McGrath : What use is made of that farm? 
 
 Mr. Walker: To raise vegetables, etc., for the Penitentiary. 
 
 Mr. McGrath : Is it known as the State farm? 
 
 Mr. Walker: Yes. 
 
 M. McGrath : Is it exempt from taxation ? 
 
 Mr. Walker: No. 
 
 Mr. Downing : Was any of this farm used by Mr. Willis for private 
 
 purposes. 
 
 Mr. Walker: None that I know of. 
 
 Mr. McGrath: Have you heard of any part being used. 
 
 Mr. Walker. I think not. 
 
 Mr. McGrath: What contracts have been made by the Warden with 
 the approval of the Inspectors during your administration ? 
 
 Mr. Walker: The beef contracts, the coal contract, the tanks on the 
 Centennial Hall, the brick machine, the carding and weaving machine and 
 others, all on record. 
 
 Mr. McGrath: How are the contracts for groceries made? 
 
 Mr. Walker: Within the general discretion of the Warden. 
 
 Mr. McGrath : Can the Warden employ and discharge men without the 
 knowledge of the Inspectors ? 
 
 Mr. Walker: Some of them he can, but not those whose appointment 
 must be approved by the Inspectors. 
 
 Mr. McGrath : Is that part of the Inspectors’ duty to examine the in- 
 voices of the goods purchased by the Warden for the use of the Penitentiary? 
 
 Mr. Walker. It is is competent for the Inspectors to ask for them and 
 examine them, but it is not necessarily their duty. 
 
 Mr. McGrath : How often have you made such an examination. 
 
22 
 
 Mr. Walker: Only one time; we have examined every bill and pur- 
 chase; this was during the examination in August 1882. 
 
 Mr. McGrath : What means did the Inspectors adopt at that time to 
 ascertain the value of the goods? 
 
 Mr. Walker: We selected a number of bills out of the whole number 
 and compared them with catalogues of prices, which Ave obtained from mer- 
 chants here. 
 
 Mr. McGrath: What period of time did these purchases cover? 
 
 Mr. Walker: From the 10th of January, 1881, to August, 1882. 
 
 Mr. McGrath: How do you find those prices? 
 
 Mr. Walker: They corresponded well with those in the catalogues ; the 
 difference was so slight that we raised no question. 
 
 Mr. McGrath: Do you know of your own knowledge of the Warden 
 having received a consideration for the purchase of any goods for the Peni- 
 tentiary ? 
 
 Mr. Walker: I have not. 
 
 Mr. McGrath : Have you heard of any such consideration having been 
 paid. 
 
 Mr. Walker : 1 have heard rumors. 
 
 Mr. McGrath : Having heard those rumors, did 3 7 ou not consider it as 
 a part of your duty, as one of the Inspectors, during the the time you were 
 investigating the affairs of the Penitentiary, to investigate those rumors? 
 
 Mr. Walker: I did not believe them, and, from the sources whence 
 they came, I did not deem them worthy of investigation. 
 
 Mr. McGrath: Did you not say that you only held regular meetings at 
 the Penitentiary when business of importance was to be transacted? 
 
 Mr. Walker: When business was of such a character that it couldn’t 
 be done at the office, the meetings were held at the Penitentiary. 
 
 Mr. McGrath : What did you say the monthly expenses were? 
 
 Mr. Walker: About $7,000 to $8,000, and $9,000 after the sale of the 
 broom factory, and averaged $12,000 before that. 
 
 Mr. McGrath : Then you did not think there was anything of sufficient 
 importance during those twelve to fourteen months to hold meetings, as con- 
 templated by law, in the office of the Penitentiary? 
 
 Mr. Walker : We did not ; we thought the business to be done could be 
 transacted at the office. 
 
 Mr. McGrath: Was the confidence then that you had in the judgment 
 and business character of the Warden such as to make it unnecessary to make 
 these monthly examinations and hold these monthly meetings in the Peniten- 
 tiary, as required by law? 
 
 Mr. Walker: In my judgment, they were sufficient. 
 
23 
 
 Mr. McGrath : Do you know anything of irregularities of an immoral 
 character existing between the employes or other persons with female convicts ? 
 
 Mr. Walker : No. 
 
 Mr. McGrath : Have you heard of such ? 
 
 Mr. Walker: I have. 
 
 Mr. McGrath : Did you obtain that information from any reliable source ? 
 
 Mr. Walker: We thought it quite riliable. 
 
 Mr. McGrath : What was the source from whence you gained that in- 
 formation ? 
 
 Mr. Walker: From Dr. Winston. 
 
 Mr. McGrath: Did you communicate that information to the Board of 
 Inspectors? 
 
 Mr. Walker: One of the Board w^as with me. 
 
 Mr. McGrath : What action did the Board take ? 
 
 Mr. Walker: We asked if there was any truth in the report, and he 
 said that one negro woman, who was doing domestic service outside the walls, 
 was found to be pregnant, and that she procured an abortion ; that he was 
 inclined to the opinion that it occured to her a second time, but was not cer- 
 tain ; he said he knew of no other cases whatever. 
 
 Mr. McGrath : Are there an} 7 of those female convicts out now doing 
 domestic service, hired or otherwise? 
 
 Mr. Walker: There are four convicts doing domestic service with the 
 Warden, four with the Deputy Warden and four at the Governor’s Mansion, 
 part of whom are females. 
 
 Mr. McGrath : What rations are issued to those parties outside the 
 walls as domestics? 
 
 \ 
 
 Mr. Walker: The domestics at Mr. Willis’ received the following, as 
 per records: 
 
 From January 1, 1881, to December 31, 1881, beef, 2,086 1-2 pounds. 
 
 January 1, 1882, to October 27, 1882, beef, 2,130 1-2 pounds. 
 
 January 1, 1882, to October 27, 1882, mutton, 63 1-4 pounds. 
 
 January 1, 1881, to December 31, 1881, lard, 227 1-2 pounds. 
 
 January 1, 1882, to October 27, 1882, lard, 342 pounds. 
 
 January 1, 1881, to December 31, 1881, potatoes, 392 pounds. 
 
 January 1, 1882, to October 27, 1882, potatoes, 80 pounds. 
 
 January 1, 1881, to December 31, 1881, onions, 10 pounds. 
 
 January 1, 1882, to October 27, 1882, onions, 35 pounds. 
 
 January 1, 1881, to December 31, 1881, roast, 7 pounds. 
 
 January 1, 1881, to December 31, 1881, beans, 30 pounds. 
 
 January 1, 1881, to December 31, 1881, salt, 85 pounds. 
 
 Januar} 7 1, 1881, to December 31, 1881, pepper, 7 pounds. 
 
 January 1, 1882, to October 27, 1882, pepper, 6 pounds. 
 
24 
 
 January 1, 1881, to December 31, 1881, vinegar, 12 1-2 gallons. 
 January 1, 1882, to October 27, 1882, vinegar, 2 gallons. 
 
 January 1, 1881, to December 31, 1881, bluing, 1 bottle. 
 
 January 1, 1882, to October 27, 1882, bluing, 3 bottles. 
 
 January 1, 1881, to December 31, 1881, lye, 1 box. 
 
 January 1, 1882, to October 27, 1882, lye, 1 box, 
 
 January 1, 1881, to December 31, 1881, molasses, 1 gallon. 
 
 January 1, 1881, to December 31, 1881, 2 No. 3 lamp chimneys. 
 
 And those at Mr. Bradburj^’s, the following: 
 
 From January 1, 1881, to December 31, 1881, beef, 984 pounds. 
 
 January 1, 1882, to October 27, 1882, beef 2,416 pounds. 
 
 January 1, 1881, to December 31, 1881, bacon, 39 1-2 pounds. 
 January 1, 1882, to October 27, 1882, bacon, 147 1-2 pounds. 
 
 January 1, 1882, to October 27, 1882, mutton, 89 3-4 pounds. 
 January 1, 1882, to October 27, 1882, pork, 12 pounds. 
 
 January 1, 1882, to October 27, 1882, beans, 10 pounds. 
 
 January 1, 1882, to October 27, 1882, salt, 10 pounds. 
 
 January 1, 1S81, to December 31, 1881, potatoes, 1,135 pounds. 
 January 1, 1882, to October 27, 1882, potatoes, 176 pounds. 
 
 January 1, 1881, to December 31, 1881, hominy, 5 pounds. 
 
 January 1, 1881, to December 31, 1881, onions, 42 pounds. 
 
 January 1, 1881. to December 31, 1881, corn-starch, 5 pounds. 
 January 1, 1881, to December 31, 1881, molasses, 1 gallon. 
 
 January 1. 1882, to October 27, 1882, molasses, 1 gallon. 
 
 January 1, 1881, to December 31, 1881, lye, 6 boxes. 
 
 January 1, 1882, to October 27, 1882, lye, 1 box. 
 
 January 1, 1881, to December 31, 1881, 1 No. 2 lamp and burner. 
 
 Mr. McGrath : Are those domestics out with the knowledge and with 
 the approval of the Inspectors? 
 
 Mr. Walker: They are out with the knowledge but not with the 
 approval of the Inspectors ; the Warden and Deputy Warden are entitled to 
 them by law T , but the Governor not. 
 
 Mr. McGrath : The Inspectors then have never taken any action on 
 these domestics so employed? 
 
 Mr. Walker: We have not. 
 
 Mr. McGrath : I have noticed in your records an order forbidding the 
 employment o’ convicts on Sunday and would hke to know what led to the 
 promulgation of that order. 
 
 Mr. Walker: We found a greater number of convicts used for labor 
 on Sunday than was necessary and more than was proper to be required to 
 labor on Sunday and forbid it. 
 
25 
 
 Mr. McGrath: How many did you find working? 
 
 Mr. Walker: Thirty to forty and occasionally a greater number. 
 
 Mr. McGrath: How did you find those convicts employed on Sunday? 
 
 Mr. Walker: Cleaning boilers, at work in the saddle tree shop, and a 
 few in the shoe shops and some in the harness shop. 
 
 Mr. McGrath: Were they employed at work that could be done just 
 as well at any other time? 
 
 Mr. Walker: I think it could but not so well as on that day. 
 
 Mr. McGrath : What is the extent of your knowledge with regard to 
 the manner and mode of carrying on manufacturing industries with machinery 
 where large bodies of men are employed ? 
 
 Mr. Walker: What I see of this and what the manufacturers tell me 
 of this business. 
 
 Mr. McGrath : Have you conferees on the board who know more of 
 this than you do? 
 
 Mr. Walker: Not that I know of. 
 
 JOHN WALKER. 
 
 January 27, 1883. 
 
 Phil. E. Chappell, being duly sworn, testifies as follows: “I am 
 State Treasurer and ex-officio Chairman of the Board of Inspectors of the 
 Missouri Penitentiary. Our board was organized soon after we came into 
 office in January, 1881. We made monthly visits to the Penitentiary, as the 
 law requires, and as had been the custom for several years. During these 
 visits we looked into the hospital, cooking department and the general po- 
 lice department of the prison and everything else that we supposed needed 
 looking after. We heard no complaints about the management of the prison. 
 We made no examination of the books of the prison for several months, but 
 instead required the Warden to make to us on the first of every month a 
 statement from his books, showing the receipts and disbursements of the 
 prison for the previous mouth, vjjth vouchers for disbursements. These 
 vouchers we compared and checked off with the statement of disbursements. 
 In addition to that we required and received on the first of every month a 
 trial balance of the ledger of the prison. These statements enabled us to 
 tell how the financial affairs of the prison were running ; as much so as we 
 could have told by the books. Things run on in this way and these monthly 
 examinations were made harmoniously and without any complaint being 
 made to the Board of Inspectors from any source, up to, I think, in April, 
 1882. In the meantime, on the 9th of May, 1881, the prison sustained a 
 loss by fire, estimated at about $35,000. The loss by fire also resulted in a 
 loss of the earnings of the prison, by reason of a stoppage of the labor by 
 the contractors whose shops were destroyed. The expenses of the prison 
 
26 
 
 were also increased very largely during the year 1881 and the early part of 
 1882, by reason of the drought of 188 >, we having to pay at some times as 
 high as $1.25 per bushel for potatoes (the chief article of food), and other 
 vegetables in proportion. I think it was in April, 1882, about the time of 
 the called session of the Legislature, we had a meeting of the Board, when 
 Mr. Walker introduced a resolution, requesting or instructing the Board to 
 ask the Governor to call on the Legislature to give us an appropriation of, I 
 believe, $30,000, part to be applied on putting up buildings and repairs and 
 part to pay the existing indebtedness of the prison at that time, the prison 
 having run behind in its earnings. We asked the Warden to come before us 
 and to give us his opinion as to whether that was necessary or not. He stated 
 that he thought he could pull through the two years without any additional 
 appropriation and would be nearly or entirely out of debt. I think he esti- 
 mated that his deficit January 1, 1883, would be about $5,000. I thought 
 the sum too small to call on the Legislature for, and believing it to be to the 
 best interest of the Democratic party in the State, voted against the resolu- 
 tion asking the appropriation, as did Gen. McIntyre; Mr. Walker voted 
 for it. 
 
 The last session of the Legislature appropriated about $36,973 for re- 
 pairs and improvements and specified in the appropriation what repairs and 
 improvements should be made. The destruction of buildings inside the walls 
 by the fire caused the Inspectors to apply part of this sum of money appro- 
 priated to the erection and repairing of the buildings destroyed by the fire, 
 they being other than those specified in the bill making the appropriation. 
 We deemed this absolutely necessary under the circumstances. We had to 
 do this or call an extra session of the Legislature. 
 
 The first time our attention was called to any irregularity about the 
 Prison, was in regard to the horse question, which was some time in the 
 spring or summer of 1882. We noticed the horses there ourselves. There 
 was somewhere about six or eight horses there, probably more. On May 6, 
 1882, the Board passed a resolution requesting the Warden to give a state- 
 ment of the number of horses, if any, kept and fed in the State stable, other 
 than those belonging to the State, and if any, to whom they belonged. The 
 Warden replied on the 22d of May, as per letter marked “Exhibit A.” 
 
 I don’t think there was any official action taken by the Board at this 
 time, but merely an informal talking of the matter with the Warden. 
 
 Question of Mr. Downing: “State whether or not there were any 
 horses kept at the stables at the State’s expense, other than those owned by 
 the State.” 
 
 Mr. Chappell: “Capt. Todd kept a horse there under an agreement 
 with the Inspectors, the feed of the horse being considered a part of his 
 compensation. There were two other horses belonging to the Warden that 
 
we astertained were kept there. I think P. M. Willis’ horse was kept there, 
 and not charged for. I believe these are all except those that the Warden 
 informed us were paid for. It is my recollection that the books of the Pen- 
 itentiary will show that the care and feed of these horses were paid for, but 
 I can’t say for what length of time.” 
 
 Mr. Downing: “Do you know of your own knowledge, of the Warden 
 selling or giving to any of the officers or employes of the prison, or any other 
 person, any fuel, forage, provisions or manufactured articles under his 
 charge, within the last two years?” 
 
 Mr. Chappell : I do not. 
 
 Mr. Britts: Do the books of the Penitentiary show anything of this 
 kind? 
 
 Mr. Chappell: The books show sales to, frequenly, and purchases from 
 contractors, and, if I am not mistaken, sometimes in small quantities of fuel 
 to the employes. This is all I know of. This was done without the knowledge 
 or consent of the Inspectors. The transactions between the contractors and 
 the Warden were purely a matter of accommodation, and the books show 
 that no profit accrued either to the State or to the contractors therein. I 
 learned from the Warden that occasionally in cases of storm and difficulty to 
 get wood, a few cords were furnished to some of the employes at the cost 
 price to the State. 
 
 Mr. Downing: Do you know of your own knowledge, whether or not 
 the Warden hired out any of the convicts as domestics to any persons outside 
 of the prison walls? 
 
 Mr’. Chappell : I do not. 
 
 Mr. Downing: Will you please state whether or not any of the United 
 States prisoners have been taken from the Penitential, and if so, the reasons 
 therefor. 
 
 Mr. Chappell: I understood some of them were taken, but I do not 
 know the reasons therefor. 
 
 Mr. Downing: From whom did you get that information? 
 
 Mr. Chappell : From the Warden. 
 
 Mr. Downing: Have you as Inspectors made any examination as to the 
 cause, of such removal? 
 
 Mr. Chappell : No, sir. 
 
 Mr. Downing: State whether or not the Warden has rendered to the 
 Inspectors a full account of all moneys received and expended, stating on 
 what account received or expended, monthly? 
 
 Mr. Chappell: He has rendered the statements monthly, and I presume 
 they are correct. We have checked off the receipts with the disburse- 
 ments, and found the same to be correct. 
 
28 
 
 Mr. Downing: How often did you, as Inspectors, visit the Peniten- 
 tiary ? 
 
 Mr. Chappell : Always once a month, and frequently oftener. 
 
 Mr. Downing: Did you at such meetings or visits, inquire and ex- 
 amine into all matters connected with the government, discipline and police 
 regulations of the Penitentiary ? 
 
 Mr. Chappell: Yes, sir. 
 
 Mr. Downing: Did you enquire into the money concerns and contracts 
 for work? 
 
 Mr. Chappell: We did, but not on our visits. 
 
 Mr. Downing: Did you or not, at these stated meetings, investigate 
 the accounts, purchases, or sales on account of said Penitentiary? 
 
 Mr. Chappell : No, sir ; not at our meetings at the prison ; we made a 
 monthly examination at the capitol of the receipts and disbursements of the 
 previous month and on examination also of the monthly trial balance of the 
 books kept at the prison, which gave us in a concise form a correct idea of 
 the financial management of the prison. 
 
 Mr. Downing : Did you at any of these stated meetings hear or learn 
 of any alleged misconduct of the Warden or any other officer or employe of 
 the Penitentiary? 
 
 Mr. Chappell : No, sir. 
 
 Mr. McGrath : I wish to know how many official meetings you have 
 held in the Penitentiary? 
 
 Mr. Chappell : We have held not less than one each month, sometimes 
 more than that. 
 
 Mr. McGrath: 
 kept ? . 
 
 Mr. Chappell : 
 
 Mr. McGrath: 
 
 Where or in what was the records of those meetings 
 
 They should be in the record book. 
 
 Will you please examine that book and see liow many 
 official meetings were held at the office of the Penitentiary ? 
 
 Mr. Chappell: The records of the last meeting that I find in the 
 record book that was held at the Penitentiary is dated June, 1881. 
 
 Mr. McGrath : Please state why those records were not kept after that 
 date as they were done prior thereto? 
 
 Mr. Chappell : I do not know as that was the business of the Secretary. 
 
 Were the minutes of your meetings read and signed? 
 
 I think not. 
 
 Mr. McGrath: 
 Mr. Chappell : 
 
 Mr. McGrath : 
 Mr. Chappell: 
 
 Mr. McGrath:’ 
 
 What are the duties of Inspectors? 
 
 They are set forth in the Statutes. 
 
 In your official visits to the Penitentiary have you 
 
 examined the invoices of goods purchased? 
 
* 
 
 29 
 
 Mr. Chappell: We made no examination of invoices prior to August, 
 1882, or about that time ; previous to that time the Warden rendered to us a 
 trial balance of his books which showed the financial condition of the Peni- 
 tentiary at that time and also a statement of the receipts of the Penitentiary 
 and disbursements; each disbursement was accompanied by a written 
 receipt of the party to whom the money was paid, but was not an invoice 
 and did not show the quantity or cost of the article for which the money 
 was paid. 
 
 Mr. McGrath: Then in or about August, 1882, you made an examina- 
 tion of invoices? 
 
 Mr. Chappell: Yes, sir. 
 
 Mr. McGrath : What knowledge did the Inspectors have of the market 
 value of the goods purchased'? 
 
 Mr. Chappell: Mr. Walker and myself made this examination; Mr. 
 McIntyre was not present ; it required several days to make the examination 
 of the books, and aft we went through them we selected and laid to one side 
 every bill that we thought required a close examination; we then had a list 
 made of these bills and receipted for* them and brought the bills away from 
 the Warden’s office with us ; I then went to the leading merchants of the 
 city, and got numbers of “ price currents” showing the wholesale price of 
 the goods that were purchased ; I took them home and compared the prices 
 myself with the bills and then turned the bills and price currents over to 
 Mr. Walker for examination. 
 
 Mr. McGrath: How did you find those prices to compare with the 
 prices current? 
 
 Mr. Chappell: I found them reasonable and nothing wrong in them. 
 
 Mr. McGrath: Can the Warden, in virtue of his position, make any 
 contracts without the Inspectors’ knowledge and approval? 
 
 Mr. Chappell : He cannot, only in accordance with section 6449. 
 
 Mr. McGrath: During the time that you have been President of this 
 Board of Inspectors, how many contracts and of what character, has the 
 Warden made with the approval of the Inspectors? 
 
 Mr. Chappell : The only contracts I know of are the beef contracts, 
 the farm contract and the contract for the purchase of machinery, all of 
 which appears in the record; but so far as I can remember, the contracts 
 for fuel and groceries have not been approved ; the Inspectors have relied 
 on the judgment of the Warden for the purchase of all other necessaries 
 except those of record. 
 
 Mr. Downing: Please explain fully the beef contract, together with 
 what you know of this cut beef. 
 
 Mr. Chappell: As explained in my former testimony, we examined 
 every month the statements of the purchases and money received for the 
 
previous month $ these statements being abstracts from the books of the 
 Penitentiary ; we did not examine the books of the Penitentiary or any 
 invoices of purchases for eighteen months after going into office, hence we 
 had no knowledge of that cut beef being received from that source ; but 
 about the 1st of September, 1881, or between the 1st and 10th, I first learned 
 of cut beef being received at the prison and that it was shipped from 
 Sedalia ; I went to the depot and watched the arrival of the train ; there 
 came by the express car a barrel about the size of a pork barrel ; the barrel 
 had a wooden top to it on hinges ; I examined the contents and found that it 
 contained what is called cut beef, and ascertained that it was shipped from 
 Sedalia to the Warden of the Penitentiary; I examined the beef; to all 
 appearances it was sound as far as I can tell, but was in pieces of, I pre- 
 sume, 10 to 30 pounds ; it seemed to be principally parts of the forequarters 
 and hindquarters ; I then went to see the Warden and told him I thought lie 
 had better not receive that beef ; he told me he had thought of discontinuing 
 it himself and told me that no more of it should be received ; I went to the 
 train several times after that and satisfied myself that the shipment of it 
 was stopped ; I did not speak to the other Inspectors in relation to it, 
 because, having stopped it, I did not think it necessary ; I do not think the 
 Warden requested me not to say anything about it : I never knew of any 
 other cut beef being received there until the beginning of the late investiga- 
 tion by the Inspectors, about the first of August, 1882 ; I then learned, for 
 the first time, that during the months of November and December, or parts 
 of those months, in 1881, cut beef was shipped to the prison from St. Louis, 
 but that none had been shipped from any direction since the last of Decem- 
 ber, 1881; all of this was done without the knowledge or consent of the 
 Inspectors ; this cut beef from St. Louis, received in November and Decem- 
 ber, 1881, was received after I had notified and requested the Warden not 
 to receive any more ; this request was my own individual act, but as an 
 Inspector ; we gave no notice as a Board ; I own a farm in Callaway county, 
 just a little below and opposite the Penitentiary, known as the State farm; 
 it was rented to the State for the purpose of raising vegetables for the use of 
 the pfison for the last six j^ears ; it is a valuable farm, the land being very 
 fertile, and the price paid has been $4 an acre for the land in cultivation ; 
 on this farm were log buildings erected especially for the accommodation of 
 the convicts and especially adapted for their keeping ; when 1 became an 
 Inspector, 1 called upon the Governor to take my place in the Board as an 
 Inspector, and to act in my stead in renting a farm ; I consider $4 an acre 
 reasonable rent and fully as low' as other lands in the neighborhood w^ere 
 rented for; the Warden, with the two Inspectors and Governor, rented the 
 farm at $4 an acre for the cultivated land, for the years 1881 and 1882 ; the 
 lease expired January 1, 1883, and no new lease has been entered into ; I 
 
31 
 
 have been on the farm frequently during the years 1881 and 1882, generally 
 once a month ; I have never heard of the convicts disturbing any one nor of 
 the teams or convicts on this farm being used on any other, nor of the pro- 
 duce being diverted to any other use than that of the State ; nd part of the 
 farm was sublet to any one else. 
 
 During the investigation by the Inspectors of the affairs of the Peni- 
 tential in the latter part of 1882, we examined the hospital and investigated 
 as to whether whisky bought for the use of the hospital had been used by 
 any one except the patients in the hospital ; we found no abuse in this 
 department ; neither did we find any abuse in the female department, but 
 found it properly conducted ; we made a thorough investigation in every 
 department before arriving at these conclusions ; we also examined into the 
 police regulations of the Penitentiary and the punishment inflicted; in 
 several cases we had the prisoners take off their shirts that we might more 
 thoroughly examine the extent of the punishment ; I did not deem the pun- 
 ishment more severe than the proper management of the prison demanded ; 
 we found no cases of extreme cruelty ; our instructions to the Deputy 
 Warden, who has charge of the police department, was always to make the 
 punishment inflicted as light as possible consistent with proper discipline ; 
 there has been less whipping done in the last two years than ever before, so 
 I am informed ; we made a thorough investigation of every report we could 
 hear of abuses during our recent investigation of the prison and we found 
 no irregularities except such as are referred to in the sworn testimony taken 
 during the investigation, all of which is now before your committee, and as 
 stated above. 
 
 I want to explain my testimony above in relation to the record book and 
 why that book was not kept at the prison as required by law ; I don’t think 
 the Inspectors have failed to hold three official meetings monthly during the 
 years 1881 and 1882; one was a visit to the Penitentiary ; the other two 
 meetings were held on the 1st and 10th of each month at the capitol ; our 
 visits to the prison for the first 18 months, were only visits of inspection; 
 all resolutions and orders and discussions occurred at our meetings at the 
 capitol, which were held at the times as above stated regularly, for the 
 approval of the pay-roll and the examination of the monthly list of dis- 
 charged convicts ; as all the official proceedings were performed at the 
 capitol, we kept the record book there to save trouble. 
 
 So far as I can learn, the Warden has obeyed all of the orders of the 
 Inspectors. 
 
 PHIL. E. CHAPPELL. 
 
 January 20, 1883. 
 
D. H. McIntyre, being duly sworn, testified as follows : I am Attorney- 
 General of the State and ex-officio a member of the Board of Inspectors of 
 the Penitentiary ; I entered upon the discharge of my duties as Attornej^- 
 General on the 10th of January, 1881, and the Board of Inspectors 
 organized and qualified January 15, 1881 ; we visited the Penitentiary as 
 often perhaps as once a month, but sometimes I did not go that often; our 
 rule, if we had one, was to go once a month ; the object of our visits were 
 to examine into the affairs of the Penitentiary, to enquire into the business 
 management, discipline and general affairs of the Penitentiary ; at some 
 visits there were special matters to be looked after ; we visited the shops and 
 went through them, noticing how the convicts were employed ; I remember 
 no occasion when we made special enquiry as to how they were employed 
 until in August, 1882 ; I don’t recollect that we enquired as to the money 
 concerns or contracts for work until the date above mentioned, August, 
 1882 ; the first time I recollect of any examination being made of the books 
 and enquiries made as to the purchases and sales was in August, 1882, when 
 I was present; I can’t say that we kept regular minutes of our meetings at 
 the Penitentiary; Mr. Walker was Secretary of the board and my under- 
 standing was that what minutes were kept were kept by him ; I have signed 
 some minutes not long ago and I believe the first I remember of signing ; I 
 am not able to tell when the other members of the Board signed minutes ; 
 there was a book in which the rules and regulations adopted were kept, but 
 my impression is that it was kept at the Auditor’s office instead of at the 
 Penitentiary. 
 
 Mr. Downing : Do you know of your own knowledge of any irregu- 
 larities on the part of the Warden during your term of office or within the 
 last two years? If so, state fully and of what they consisted. 
 
 Mr. McIntyre : I know of certain so-called irregularities, concerning 
 which the board adopted some rules ; in our inquiries into the Penitentiary 
 we found that the Warden had occasionally sold a load or part of a load of 
 coal, or a load or part of a load of wood or of hay or grain to the con- 
 tractors ; that was explained this way: If the Warden had a car load of 
 coal and the contractor wanted part of it, the Warden would allow him to 
 take it and charge it up to them at the cost price; occasionally, too, when 
 the roads were bad, the Warden has let an employe have a cord of wood at 
 the cost price ; then there was a complaint that there were a lot of horses 
 kept at the State stable last spring ; Mr. Willis was called on for a statement 
 by the Board of the number of hories kept there ; the report, as I remem- 
 ber, showed the number of horses and to whom they belonged and under 
 what circumstances and upon what terms they were kept there ; they were 
 horses, as I understood, that belonged to some of the employes, officers and 
 contractors of the prison ; whether the report shows it or not I don’t know 
 
33 
 
 but my impression is that the books show they were charged for at the rate 
 of $10 per month ; in regard to Mr. Tod'd’s horse, the board, I think in the 
 spring of 1881, agreed to pay Mr. Todd $1,100 per annum and the keep of 
 one horse at the State stables ; my understanding was that he did not keep a 
 horse there for some time and in consideration therefor he was permitted to 
 keep two horses part of the time, the intention being to make it equal to the 
 keeping of one horse for a year ; then there was some complaint about some 
 cows that were kept on a pasture there and were permitted to come in and 
 be stabled in the old stable which stands adjoining the pasture ; we examined 
 into that matter and found that there were a lot of cows kept on some ground 
 there, owned by a non-resident, which had been rented by the Warden and 
 some of the contractors and other parties and we learned from the Warden 
 that he had been keeping some 10 or 12 cows for the benefit of the prison, 
 but that after the drouth of 1881, he found it was not paying and he had 
 the cows slaughtered, so that at the time of, the investigation, the State 
 owned no cows ; I can’t say that there was any irregularity about this and I 
 don’t consider that there was such ; the motive in adopting the rule pro- 
 hibiting the sale of anything b^ the Warden to employes, etc., was not 
 because we thought there had been any abuses, but merely because we 
 thought it might lead to some abuses and to stop talk ; this reason might be 
 applied to several of the rules adopted the same day ; we corrected the 
 barber shop business by an order ; according to the testimony we took, this 
 abuse had been existing for years ; the employes and contractors paid about 
 50 cents a month to Ralph Willis, who took charge of and conducted the 
 shop and received the benefit of the surplus income ; Mr. Ralph Willis 
 testimony, taken before the Inspectors, fully covers this ground ; (marked 
 “Exhibit D”) ; all parties agree that this is a correct statement. 
 
 We took the testimony of several witnesses in regard to the cut meat 
 transaction. In the first place we took the verbal statement of the Warden, 
 Deputy Warden and eook, and the matter was dropped for a few days when 
 it was suggested that we had better summons the witnesses and take their 
 testimony down ; this we finally agreed to and we did so, the testimony*' 
 being taken under oath in a narrative form ; I interrogated the witnesses 
 and asked all the questions that I thought necessary or proper ; they were 
 then put through a thorough cross-examination and I think the matter was 
 thoroughly drawn out ; of my own personal knowledge I know nothing of 
 the cut meat business except what I learned from the testimony ; the first I 
 learned of it was in August, 1882, when the Inspectors went to the prison in 
 a body for the purpose, as I understood it, of examining the books of the 
 Penitentiary ; after we got through the examination of the books in the 
 
 c r p — 3 
 
34 
 
 Warden’s office we went to the Commissary’s office; the Auditor then 
 commenced an examination of Peter Willis, regarding the cut meat business ; 
 the Warden was not present at first but came in shortly and 1 believe 
 answered some questions which were asked of Peter Willis ; he finally sug- 
 gested that we adjourn to his office, which we did ; I don’t think there was 
 any further examination at that time, but it was resumed in my office in a 
 few days ; shortly after this, the sworn testimony was taken ; for this testi- 
 mony I would refer you to the depositions, as I know nothing of it except 
 what I learned from the witness ; the cut meat was bought and used by the 
 W arden without my knowledge and consent as an Inspector ; and man} T 
 other articles were bought and used and sold at the Penitentiary without the 
 knowledge or consent of the Inspectors, and no particular inquiry was made 
 in regard thereto ; we depended on the statement at the end of each month 
 for our information in regard to those transactions ; the Warden advertised 
 for bids for furnishing beef in February, 1881 ; there was a contract in 
 existence which expired January 1, 1 88 1 ; the contractor, Mr. Gordon, 
 continued to furnish the beef until in February, when we made a contract 
 with him, which ran for six months ; this contract was made and extended 
 to July, when we made a contract for a year ; by the terms of this contract, 
 we got the beef the first six months at one price and the last six at another ; 
 there? was no cut beef included in these contracts ; there was a difference of 
 a cent a pound between the price paid for cut beef and the other ; the cut 
 beef business commenced with the leasing of convicts at the Montserrat 
 mines and continued up to September, 1881 : I am satisfied from the testi- 
 mony in the case that J. K. Willis received no benefits accruing from the cut 
 beef transactions : the account of the cut meat was kept upon the books ; 
 there was a large amount of bacon bought during the fime the cut beef was 
 being received, which saved a large amount for the State ; there was no 
 testimony going to show that Willis received any benefit from the cut meat 
 transactions ; there has been a certain amount of unemployed labor in the 
 Penitentiary all the time ; I never visited the State farm but once ; we then 
 found good crops there ; we considered the rent paid reasonable and that it 
 was to the advantage of the State to rent it, and that it was a good invest- 
 ment ; I don’t see how we could get along without it ; I am not well enough 
 informed to give any information regarding the removal of United States 
 prisoners from the Penitentiary; the Warden has always rendered to the 
 Inspectors a monthly account of moneys received and expended, stating on 
 what accounts. 
 
 Mr. Downing : Do 3 r ou know of any other irregularities on the part of 
 the Warden, other than those referred to in the examination above? 
 
 Mr. McIntyre: I don’t remember any, unless it would be working con- 
 victs on Sunday, if that would be called an irregularity ; the Inspectors have 
 
35 
 
 paid some attention to that and have adopted a rule regarding it ; the War- 
 den has never refused, so far as I know, to obey all rules of the Inspectors, 
 and has always acted with alacrity on all suggestions of the Inspectors ; 
 you may have noticed or probably will notice that the report made by the 
 Inspectors is silent on the question of feeding the prisoners ; when the 
 report was written it was agreed to by a majority of the Board, but the 
 word u fed” was objected to 'by one member of the Board, and it was 
 stricken out, not because a majority believed that the prisoners were not well 
 fed, for they believe to the contrary, but for the purpose of getting 3 
 unanimous report, we agreed to let that word be stricken out so that it 
 might be signed by all the Board in the interest of harmony and for no other 
 reason ; and the same may be said to some extent with reference to some of 
 the rules — that they were adopted in the spirit of concession. 
 
 d. h. McIntyre. 
 
 January 29, 1883. 
 
 Waddy Thompson, being duly sworn, testified as follows : 
 
 1 am 48 years old and reside at Warrensburg ; I am a stock dealer and 
 farmer; I am acquainted with Jas. R. Willis, the Warden of the Penitenti- 
 ary, and John W. Gordon, Newton & Sons; in January, 1881, I resided at 
 Warrensburg. 
 
 Mr. Downing : Do you know anything about the advertisement and 
 letting of the beef contract by the Warden for the Penitentiary in January, 
 1881? 
 
 Mr. Thompson : Yes, sir, I do. 
 
 Mr. Downing : Please state all you know about that contract. 
 
 Mr. Thompson : I saw the advertisement and read it ; if I remember . 
 right it was to supply beef to the Missouri Penitentiary for one year ; the ad- 
 vertisement stated that it was to be on foot ; I came here to bid on it and did 
 bid on it, but Mr. Gordon’s bid was less than mine and the contract was 
 -awarded to him ; besides myself Frank Newton and Mr. Gordon had in bids ; 
 my recollection is that my bid was $3.87 ; I don’t know what the other bids 
 we»e, but Newton’s was a little above that and Mr. Gordon’s a little below. 
 
 Mr. Downing : State whether or not you had any understanding be- 
 tween yourselves — that is, Waddy Thompson, Frank Newton and John W. 
 Gordon — as to what your bids should be? 
 
 Mr. Thompson: Yes, sir; we had. 
 
 Mr. Downing : State what that understanding was ? 
 
 Mr. Thompson : My reccollection is that the understanding was that 
 bids would not be less than 3J cents per pound gross, which is equal to 7 
 cents net for the quality of beef advertised for; it was also understood be- 
 • tween us that the contract could n’t be filled for less than 3£ to 4 cents per 
 
36 
 
 pound the way the market was, and we all put in our bids with the under- 
 standing that all were to be interested in the contract regardless of who was 
 the lowest bidder. 
 
 Mr. Downing : State what interest each of you were to have in the 
 contract ? 
 
 Mr. Thompson : If there was any specific conversation I don’t remem- 
 ber, but it was understood by me at the time that we were each to hold an in- 
 terest in it. 
 
 Mr. Downing : Is it not a fact that you were to receive $50 per month 
 for your interest in the contract? 
 
 Mr. Thompson : No,, sir ; there was no such an agreement or under- 
 standing. 
 
 Mr. Downing: Is it pot a fact that you did receive $600, or about that 
 amount, for your interest in that contract that year? 
 
 Mr. Thompson : I did ; I think it was $500 though instead of $600, but 
 am not certain. 
 
 Mr. Britts: This was independent of any beef you furnished, was it? 
 
 Mr. Thompson : I didn’t furnish any beef at all. 
 
 Mr. Downing: Now state what interest Frank Newton had in that con- 
 tract. 
 
 Mr. Thompson : He had the same interest as either I or Gordon, or at 
 least that was my undrstanding. 
 
 Mr. Britts : Did he get the same amount of money or was he paid in 
 some other way? 
 
 Mr. Thompson : He furnished part of the beef. 
 
 Mr. Downing: Is it not a fact that Frank Newton was to furnish what 
 is termed “ cut meat,” at the rate of 200 pounds per day in the place of the 
 kind of meat advertised for as his recompense on this contract or undrstand- 
 ing between you three, and that profit was to be the difference between the 
 actual worth of such meat and the kind of meat advertised for. 
 
 Mr. Thompson : If there was any understanding or agreement before 
 the letting of the contract that Newton was to put in .nothing but cut meat, I 
 don’t now remember it. 
 
 Mr. Britts: Was there an understanding before this or afterwards that 
 Newton was to put in some cut meat? 
 
 Mr. Thompson : Not that I know of before, but there was an under- 
 standing afterwards ; there was no understanding that I ever heard of that 
 Newton was to put in any meat for less than what it was worth ; Newton and 
 myself came here together, expecting to bid together and most of the con- 
 versation relating to the kind of meat to be put in, both before and after the 
 letting, was between Newton and Gordon. 
 
37 
 
 Mr. Downing : Is it not a fact that you agreed before this bidding to 
 take as your part «of the profit $50 per month, to be paid you by John Gor- 
 don, as a bonus? 
 
 Mr. Thompson : I did not. 
 
 Mr. Downing: Is it not a fact that you did receive from John W. Gor- 
 don $600 as a bonus on that contract? 
 
 Mr. Thompson : I did receive either $500 or $600 for my interest in the 
 contract, but not as a bonus, if I understand the meaning of bonus ; the 
 amount that I received from Gordon was, I think, some five or six months 
 after the contract was let and was received for my interest in the contract. 
 
 Mr. Downing : What did you furnish to Gordon in consideration of 
 this $500 or $600 paid you. 
 
 Mr. Thompson: I didn’t furnish him anything. 
 
 Mr. Downing: You received then something for nothing. Is that a 
 fact ? 
 
 Mr. Thompson : Yes ; I received the amount stated for my interest in 
 the contract ; in case there had been a loss I would have been responsible to 
 him for my part. 
 
 Mr. Downing: Is the above your answer to the question? 
 
 Mr. Thompson : It is. 
 
 Mr. Downing : State whether or not there was a loss in September and 
 October and whether or not }"ou received any less those months than an}" 
 other months? 
 
 Mr. Thompson: If there was any loss those months I don’t know it. 
 
 Mr. Downing: Is it not a fact that either in September or October, 
 1881, that John Gordon went to you and asked for a reduction on this bonus 
 that he was to pay you of $20 per month, stating that they had to let up on 
 this cut beef business? 
 
 Mr. Thompson: I don’t remember an} r such circumstance. 
 
 Mr. Downing: Did you, in September or October, 1881, tell Mr. 
 Gordon that you could do better and that Col. Gates w'ould furnish the cut 
 beef from St. Louis? 
 
 Mr. Thompson : I don’t remember any such conversation with Mr. 
 
 Gordon. 
 
 Mr. Downing: State whether or not you know when they quit shipping 
 cut meat from Sedalia and commenced shipping it from St. Louis? 
 
 Mr. Thompson : It was some time in the fall of 1881. 
 
 Mr. Downing: State who was present at this bidding in January, 1881 ? 
 
 Mr. Thompson: Frank Newton, John Gordon and m} r self, Mr. Willis, 
 Mr. Willis’ son and I think two or three others whose names I can’t call ; I 
 think Mr. Sinclair or Mr. Rickey one was present. 
 
38 
 
 Mr. Downing: State whether or not you made the Warden acquainted 
 with your understanding either before or after the bidding in January, 1881? 
 
 Mr. Thompson : 1 did not. 
 
 Mr. Downing : Have you at any time within the last two years had any 
 conversation with the Warden concerning the understanding that you three 
 bidders had? 
 
 Mr. Thompson: I have not; after this bid was put in, Mr. Willis told 
 me that he wouldn’t accept the bid and I asked him his reasons for not doing 
 it and he said it was too high ; we had some conversation then about the 
 price of cattle and what the contract could be supplied for ; I felt solicitous 
 that he would accept the contract, being interested in it, but at the time of 
 this conversation, tried to conceal that from him ; after some ten days or 
 two weeks the bid was modified by Mr. Gordon, in some way, I don’t know 
 just how now, and the contract entered into ; my recollection is that Gordon’s 
 bid was S3. 77 for the year; that Mr. Willis and Mr. Gordon agreed that he 
 would pay 3 1-2 for the first six months and 4 for the next six months ; in a 
 conversation with Mr. Willis and Mr. Gordon, I stated that Mr. Willis had 
 got the best of him in that, as I thought Mr. Willis would use beef pretty 
 near all together during that first six months and then would use pork, what 
 we call shoulders, during the pork season, which he could buy for much less 
 than he could the beef, and that during the last six months he would use but 
 very little beef ; Mr. Willis told me he would not have made this contract, 
 but the Inspectors forced him to ; he may not have used the word forced, 
 but may have said the Inspectors awarded the contract ; the parties interested 
 in the bidding for this contract were John Gordon, Frank Newton and 
 myself. 
 
 Mr. Downing : By what authority and by whose consent was cut beef 
 furnished, if any? 
 
 Mr. Thompson: By Mr. Willis’, I suppose. 
 
 Mr. Downing: When did you first learn that cut beef was being 
 furnished ? 
 
 Mr. Thompson: I can’t fix the date now, but it was not long after 
 fixing the contract. 
 
 Mr. Downing: Was Mr. Willis personally consulted about this? 
 
 Mr. Thompson : Not by me he wasn't, that I now remember. 
 
 Mr. Downing: Was cut beef furnished on this contract? 
 
 Mr. Thompson: Yes, sir. it was. 
 
 Mr. Downing: By whom was it furnished? ( 
 
 Mr. Thompson : Some of it was furnished by Newton from Sedalia and 
 some of it by Col. Gates from St. Louis. 
 
 Mr. Downing: Did you have anything to do with the furnishing of 
 cut beef? 
 
39 
 
 Mr. Thompson: Yes, sir; I had something to do with sending the cut 
 beef that came from St. Louis. 
 
 Mr. Downing: State what connection you had with it? 
 
 Mr. Thompson : After Newton stopped furnishing it I . made arrange- 
 ments with Col. Gates in St. Louis. 
 
 Mr. Downing: State what arrangements you made with Col. Gates. 
 
 Mr. Thompson: I made arrangements with him to send about the 
 same amount that Mr. Newton was to send — about 200 pounds a day. I had 
 consulted Mr. Newton before seeing Col. Gates. I told Col. Gates to make 
 the best arrangements he could, there stated to him. I think that the price 
 paid here was six cents. If there was any contract between Col. Gates and 
 I, I can’t remember it. I believe we were to pay him either five or five and 
 one-half cents, delivered on the cars in St. Louis. 
 
 Mr. Downing: Was Col. Gates inierested in the Gordon contract? 
 
 Mr. Thompson: Col. Gates was not interested in the Gordon contract. 
 
 Mr. Downing : To whom was that meat shipped ? 
 
 Mr. Thompson : I suppose to Mr. Willis. I ordered him to ship it to 
 Mr. Willis. 
 
 Mr. Downing: To whom was the meat shipped from Sedalia? 
 
 Mr. Thompson : I suppose to Mr. Willis. I gave no orders about that. 
 
 Mr. Downing : For what length of time did you ship cut meat from St. 
 Louis? 
 
 3Ir. Thompson : I don’t remember, probably two months. 
 
 Mr. Downing : State now when you commenced shipping from St. 
 Louis and when you quit? 
 
 Mr. Thompson : I can’t fix the date, only it was some time in the fall 
 of 1881. 
 
 Mr. Downing: When did you quit? 
 
 Mr. Thompson : I can’t say. 
 
 Mr. Downing : How much cut meat was shipped from St. Louis alto- 
 gether ? 
 
 Mr. Thompson : 1 don’t know ; I think I have a statement from Col. 
 
 Gates at home, showing the amount shipped, and also showing the amount 
 of money which he had received, and the amount of loss to me, but I don’t 
 remember how much. * 
 
 Mr. Downing : Can you state about how much ? 
 
 Mr. Thompson: My recollection is that he was to ship about 200 
 pounds a day, and if he shipped for 60 days it would be about 12,000 pounds 
 of meat. 
 
 Mr. Downing: What was the cause of you changing your shipments 
 from Sedalia to St. Louis? 
 
40 
 
 Mr. Thompson : I think Mr. Willis and Mr. Newton were both dissatis- 
 fied with it. Mr. Willis was dissatisfied with the meat and Mr. Newton, be- 
 cause a good deal of it had spoiled on the way. 
 
 Mr. Downing : Did you have any conversation with Col. Willis, the 
 Warden, at any time during the year 1881, about this cut beef, either from 
 St. Louis or Sedalia? If so, state what that conversation was? 
 
 Mr. Thompson: I had a conversation with Mr. Willis in St. Louis 
 during the fall — I think, during the fair. The substance of the conversation 
 w'as that he had had, and was having, a good deal of trouble about the net 
 beef that was being sent to him, on account of so much of it being spoiled on 
 account of the delay in freights. 
 
 Mr. Downing : Did you have any other conversation with him about the 
 cut beef at any other time? 
 
 Mr. Thompson: I may have had, but don’t remember any other. 
 
 Mr. Downing : When was this conversation you had in St. Louis with 
 reference to the time you commenced shipping from St. Louis? 
 
 Mr. Thompson : I think it was after Col. Gates commenced shipping 
 from St. Louis, but how long I don’t know. 
 
 • Mr. Downing : Describe the quality of this cut meat, as to what it ton- 
 sisted of. 
 
 Mr. Thompson : My understanding of it was that it was to be all the 
 beef, or nearly all of the beef, except the loins, the forequarters and what is 
 known and called three-rib chuck by the butchers and that part known as 
 rump steak ; I never saw the beef and don’t know what they sent. 
 
 Mr. Downing : Did Col. Willis have any interest, directly or indirectly, 
 in this St. Louis or Sedalia cut beef contract? 
 
 Mr. Thompson : No, sir ; except he was the contracting party for the 
 State. 
 
 Mr. Downing : When did you first commence sending beef from Se- 
 dalia ? 
 
 Mr. Thompson : I never sent any from Sedalia ; Mr. Newton sent that ; 
 I think it was soon after the contract was awarded. 
 
 Mr. Downing : Did you have any interest in this cut beef from Se- 
 dalia ? 
 
 Mr. Thompson: No. 
 
 Mr. McGrath : When you first came to bid on that advertisement you 
 put in a bid did 3 r ou not? 
 
 Mr. Thompson : Yes, sir. 
 
 Mr. McGrath : Did you, Newton and Gordon, or did you not enter into 
 an agreement that Gordon’s bid should be the lowest. 
 
 Mr. Thompson : I don’t think there was any such agreement ; it is 
 clear now to my mind that we had no such agreement. 
 
41 
 
 Mr. McGrath : What was jour interest in a contract in which } r ou were 
 no party to the making of? 
 
 Mr. Thompson: Gordon, myself and Newton were to be equally inter- 
 ested in this contract ; as I have before stated, it mattered not whose bid got 
 
 it. 
 
 Mr. McGrath : How much money or cattle was it your part of that 
 agreement to put into it for the purpose of carrying out that contract with 
 the State? 
 
 Mr. Thompson : I considered that I had a right to put in one-third of 
 the cattle. 
 
 Mr. McGrath : Did 3 ’ou consider that Newton & Sons had the same 
 right ? 
 
 Mr. Thompson: Yes, I did. 
 
 Mr. McGrath: Did Mr. Gordon have the same right? 
 
 Mr. Thompson : That was my understanding. 
 
 Mr. McGrath : Did you or did you not understand that each of you 
 w r as to have an equal interest in that contract ? 
 
 Mr. Thompson : I did so understand it. 
 
 Mr. McGrath: When the contract was made with Mr. Gordon and the 
 State did you fulfill your part of that obligation? 
 
 Mr. Thompson : I did nothing about it, but was ready to do it all the 
 time. 
 
 Mr. McGrath : What was to be your consideration and compensation 
 for your third interest in that contract? 
 
 Mr. Thompson : Whatever profit I might be able to make on whatever 
 cattle I might put in. 
 
 Mr. McGrath : How many cattle did you put in? 
 
 Mr. Thompson: I did not put in any. 
 
 Mr. McGrath : As you did not put in any cattle, please tell me what 
 profits you would be entitled to under this contract where you had a third 
 interest? 
 
 Mr. Thompson : Just what my profit would have been had I put in one- 
 third of the cattle, less the expense and labor of getting them here. 
 
 Mr. McGrath : How much money did 3^011 receive in consideration of 
 your third interest? 
 
 Mr. Thompson : Either $500 or $600. 
 
 Mr. McGrath: From whom did you receive that? 
 
 Mr. Thompson : John Gordon. 
 
 Mr. McGrath : Do you not consider that a pretty profitable contract, 
 when you supply neither mone 3 r or material and yet derive a profit of $500 
 or $600? 
 
Mr. Thompson: Yes, sir; it might be considered so, but I have made 
 a great deal more money with less work. 
 
 Mr. McGrath : Please tell this committee what work you performed? 
 
 Mr. Thompson : The first thing I did was to bring a check here for 
 $1,000 and put in my bid ; I believe I made one or two trips to see Mr. New- 
 ton, too, and I think I made one or two trips to St. Louis to see Mr. Gates ; 
 all the work I did to entitle me to the money was making the arrangement 
 that I did with Gordon and Newton. 
 
 Mr. McGrath : What labor did you perform before the contract was 
 made ? 
 
 Mr. Thompson : I think I made one or two trips to Sedalia, probably 
 one or two to Kansas City, and got $1,000 in exchange on St. Louis. 
 
 Mr. McGrath : Did you not state before that you had no pecuniary in- 
 terest in this contract? 
 
 Mr. Thompson : I stated, or intended to state, that I furnished no 
 money with which to carry on the contract, but in the advertisement by Mr. 
 Willis, for bids, it was required that each bid be accompanied by a certified 
 check for $1,000. Instead of accompanying my bid with the check, I had 
 exchange on St. Louis. After the. bids were received and opened, this was 
 returned to me. 
 
 Mr. McGrath: Were the others required to make an equal deposit with 
 you of $1,000? 
 
 Mr. Thompson: Yes, sir. 
 
 Mr. McGrath: What were the objects of your visits to Sedalia and 
 Kansas City? 
 
 Mr. Thompson : My object in going to Sedalia was to see Mr. Newton 
 about bidding on this contract, and to Kansas City was to learn the prices 
 on futures in the market. 
 
 Mr. McGrath: Was that the time you made the agreement with New- 
 ton as to what these bids should be ? 
 
 Mr. Thompson: No, sir. 
 
 Mr. McGrath: When was it? 
 
 Mr. Thompson : After we arrived in Jefferson City. 
 
 Mr. McGrath: Was it prior to or subsequent to making the arrange- 
 ment with Newton, that you saw Gordon? 
 
 Mr. Thompson : It was after I had arranged with Newton that I saw 
 Gordon about this arrangement. 
 
 Mr. McGrath : Is it not on account of perfecting this arrangement be- 
 tween yourself and Newton and Gordon that you were to receive this third 
 interest in the profits of that contract? 
 
 Mr. Thompson: No, sir, not entirely so. 
 
43 
 
 Mr. McGrath : Was it not on account of your influence in obtaining 
 that eontract that you have this third interest? 
 
 Mr. Thompson : It was not. 
 
 Mr. McGrath : You did effect the agreement, however, and did obtain 
 the $500 or $600? 
 
 Mr. Thompson: Yes, sir. 
 
 Mr. McGrath : Who else was interested in the profits of that contract 
 besides Thompson, Newton and Gordon. 
 
 Mr. Thompson : No one else that I know of. 
 
 Mr. McGrath: What interest did Col. Gates have in it? 
 
 Mr. Thompson : None that I know of. 
 
 Mr. McGrath : Who employed Col. Gates to furnish that beef from 
 St. Louis? 
 
 Mr. Thompson : I did. 
 
 Mr. McGrath : Is Col. Gates a wealthy man ? 
 
 Mr. Thompson : My understanding is that he is a man of considerable 
 means. 
 
 Mr. McGrath : Is Col. Gates’ means of such a character that he can 
 afford to work for others without compensation? 
 
 Mr. Thompson : That I can’t tell, but I suppose if he should agree to 
 do it he would. 
 
 Mr. McGrath : Did he agree to work for this concern for nothing in 
 furnishing supplies of beef from St. Louis. 
 
 Mr. Thompson : He agreed with me to deliver that beef on the ears, 
 as I have before stated, for 5 or 5J cents. 
 
 Mr. McGrath: Do you know what he paid for that beef? 
 
 Mr. Thompson : I don’t know. 
 
 Mr. Britts : Did Col. Willis know that you were delivering cut beef from 
 Sedalia and St. Louis to the Penitentiary, consigned by yourself? 
 
 Mr. Thompson : I think he did. I did not consign any of the beef, but 
 it was shipped by Newton and Col. Gates. 
 
 Mr. Britts: Did Willis know that you were interested in this contract? 
 
 Mr. Thompson : If he did he got it from Gordon or Newton. 
 
 Mr. Britts : What is the cut meat worth in the markets? 
 
 Mr. Thompson: I saw this meat once or twice when it was shipped 
 from Sedalia ; it was cut from better beef than that used here ; I did not 
 directly or indirectly give to the Warden, or any one for him, any money or 
 other valuable thing on account of this contract or on any other account or 
 contract whatever ; I generally made all I could and kept all I made. 
 
 WADDY THOMPSON. 
 
 January 25, 1883. 
 
44 
 
 Mr. Thompson being recalled, Mr. Downing asked : Do you remember 
 how much spoiled cut beef was charged back to you ? 
 
 Mr. Thompson : I don’t know ; it was charged back at different times, 
 but as I didn’t have anything to do with the accounts, I don’t know. 
 
 WADDY THOMPSON. 
 
 January 25, 1883. 
 
 John W. Gordon, being duly sworn, testified as follows : I am thirty- 
 seven years old, reside in Cole county, ten miles from this place, and am a 
 farmer and stock dealer by occupation ; I took a contract to furnish be$f for 
 the Penitentiary in January, 1881, for six months; Messrs. Newton and 
 Thompson had this contract previous to this time, and they were here on the 
 day of the bidding ; we had some conversation, but the contract was awarded 
 to me on that day. 
 
 Mr. Downing: Who else, if anyone, was interested in that contract? 
 
 Mr. Gordon: I was to give Newton and Thompson something in the 
 event of my getting it. 
 
 Mr. Downing: What was you to give Newton and Thompson? 
 
 Mr. Gordon : I don’t think there was anything definite about it ; I pro- 
 posed if I got the contract to give them an interest in it ; we had an under- 
 standing to this effect before the bidding. 
 
 Mr. Downing: Did you have an understanding as to what each was to 
 
 bidj* 
 
 Mr. Gordon : We did not. 
 
 Mr. Dowming : Did you have a settlement on this contract with Thomp- 
 son and Newton after the bidding? 
 
 Mr. Gordon: I did, directly after the bidding; Newton & Son had 
 been furnishing some cut meat here ; Newton asked me to let him continue 
 putting in cut meat ; I told him I would first have to consult the Warden and 
 see whether he would let it come or not; I consulted the Warden about it, 
 and he, said if the meat came up to the standard that I was furnishing I 
 could, and that if he would deliver it it in good condition and at one cent 
 less than they were paying me, he would consider it no detriment to the 
 State ; Newton agreed to make it that way and put in from 150 to 200 pounds 
 a day, and agreed to consider that his interest in the concern ; it ran on some 
 time, and Mr. Thompson proposed to put in some cattle, but I offered to 
 take the responsibility and pay him off ; I gave him either $500 or $600 ; I 
 calculated on giving him $30 or $40 a month ; this was the contract in which 
 Thompson and New r ton had an interest and ran from July 1, 1881, to July, 
 1882. 
 
 Mr. Downing : Did you testify before the Board of Inspectors on Sep- 
 tember, 29, 1882? 
 
 Mr. Gordon : I did. 
 
Mr. Downing: Didn’t you state in that examination that Newton & 
 Sons, Waddy Thompson and yourself were the bidders, and that they knew 
 what you were to bid, and that their bids were to be higher? 
 
 Mr. Gordon : Not in those words ; I would say that they had some lit- 
 tle knowledge as to what I was going to bid, or at least thought they did, but 
 as for each part}' knowing one another’s bid, we did not; the furnishing of 
 the cut beef was commenced soon after the contract was made and w T as 
 stopped the first of January, 1882, or before ; all the cut beef that was 
 shipped to the Penitentiary from Sedalia or St. Louis came before January, 
 1882 ; the Warden complained to me of the beef coming from Sedalia and 
 said it was not coming up to the standard ; the contract had then run some 
 two or three months ; I saw a few lots of this cut beef ; there were some lots 
 of it that was very good along towards the first, but along towards the last it 
 was not so good and not w r hat he ought to furnish ; I never saw any beef 
 there spoiled myself, but it came more scrappy and in smaller pieces than I 
 thought it should have been with our understanding ; no spoiled meat was 
 ever charged back to me ; my understanding with the commissary was that 
 whenever any meat came that w r asn’t good, it was thrown out and Mr. New- 
 ton got credit for what was good ; I never had to account for any spoiled 
 meat myself; thej^ never had any charged on my* account that I knew of ; the 
 cut meat account and that of the beef I furnished was kept separate ; the cut 
 meat was credited to me by Newton ; I don’t know that the Warden spoke to 
 me about the spoiled meat more than once or twice, as it was stopped shortly 
 after he complained to me ; Newton & Sons’ profits w r ere to be what he could 
 make out of his meat; Thompson’s profit w*as to be part of what I made out 
 ef the beef. 
 
 Mr. Downing: In the agreement you had at the bidding, wasn’t it 
 agreed that you was to give Waddy Thompson $50 a month as a bonus, to 
 be accounted as his part of the profit? 
 
 Mr. Gordon : It was not ; in the settlement of this thing, I aimed to 
 give him a bonus of $40 or $50 a month ; I think he expected about that sum, 
 but it was not definitely fixed. 
 
 Mr. Downing: Didn’t you state in your examination before the Inspec- 
 tors that Newton was to furnish the cut meat as stated, 200 pounds per day, 
 and was to have as his profit the difference between the actual worth of 
 the cut beef and six cents per pound? 
 
 Mr. Gordon : He was to have the profit on the cut beef for his share of 
 the contract. 
 
 Mr. Downing: Did you have the same understanding with Thompson 
 and Newton the first of January that you had in July on your beef contract? 
 
 Mr. Gordon : I don’t think it was exactly the same, but there was an 
 understanding. We had no understanding the first day of January as to 
 
4(5 
 
 what our bids should be. Mr. Willis was not interested directly or indirectly 
 in either of these contracts. I never gave him or any of his family any part 
 of my profit. I think either Ralph Willis or the Warden wrote to Newton 
 telling him the meat wasn’t satisfactory. 
 
 Mr. McGrath : What did }^ou do when you were notified that the Sedalia 
 beef was bad? 
 
 Mr. Gordon : It was stopped. 
 
 Mr. McGrath : Was there any cut beef came after that from any other 
 place than Sedalia? 
 
 Mr. Gordon: Yes. Cut beef could not come without my knowledge. 
 
 Mr. McGrath: Why did you have in your mind to pay Thompson $45 
 or $50 a month? 
 
 Mr. Gordon : The understanding in the conversation we had was that 
 he should either put in a little cattle or get a bonus. 
 
 Mr. McGrath : What cattle did he put in ? 
 
 Mr. Gordon : He put in none. 
 
 Mr. McGrath: Did he furnish a^y money to help carry on the contrct? 
 
 Mr. Gordon : He did not. 
 
 Mr. McGrath: Then what did he do for you? 
 
 Mr. Gordon: I can’t say that he did anything. 
 
 Mr. McGrath : Is he a relative of yours ? 
 
 Mr. Gordon : He is not. 
 
 Mr. McGrath : Is he a very poor man? 
 
 Mr. Gordon: I don’t know. 
 
 Mr. McGrath : You didn’t give him the money because he was poor or 
 was a relative ? 
 
 Mr. Gordon : No. 
 
 Mr. McGrath: Why, then, did you give it him? What did he do for 
 you in obtaining this contract to entitle him to $40 or $50 a month? 
 
 Mr. Gordon: He bid higher than I did. We agreed that our bids 
 were not to be lower than a certain amount. 
 
 Mr. McGrath : What did you know about the meat that came from St. 
 Louis ? 
 
 Mr. Gordon : I know that it didn’t give satisfaction. 
 
 Mr. McGrath : Who first suggested to you to get cut meat from St. 
 Louis ? 
 
 Mr. Gordon: Mr. Thompson. 
 
 Mr. McGrath: Did you tell the Warden about that? 
 
 Mr. Gordon : I did not. 
 
 Mr. McGrath: Did Thompson buy that beef in St. Louis? 
 
 Mr. Gordon : He contracted with Col. Gates to do it. Col. Gates is the 
 man I paid the money to. 
 
47 
 
 Mr. McGrath : Did Thompson tell you what arrangements he made 
 with Gates? 
 
 Mr. Gordon : No, sir, I paid Gates the same a pound that I paid New- 
 ton. It w T as $1.00 a hundred less than I got for my beef. The Warden 
 told me to stop this beef coming from St. Louis. The Warden w'as not in- 
 terested, either directly or indirectly, in this contract, nor his son, nor any 
 of his folks, to my knowledge. JOHN W. GORDON. 
 
 January 26, 1883. 
 
 Frank Newton, being duly sworn, testified as follows : I am a live 
 stock dealer and live at Sedalia, Mo. ; in 1881 I was in the live stock busi- 
 ness and also the butcher business. 
 
 Mr. McGrath : Do you remember to have seen an advertisement in the 
 papers by the Warden of the Penitentiary for bids for sup}ilying the Peniten- 
 tiary with beef? 
 
 Mr. Newton: Yes, sir; there was an advertisement in the Sedalia Dem- 
 ocrat , I think, in December, 1880, for bids for furnishing beef for one year. 
 
 Mr. McGrath: Do you remember what that advertisement called for? 
 
 Mr. Newton : Good merchantable cattle, on hoof, to net fifty per cent. 
 
 Mr. McGrath: Did you make a proposition to the Warden to furnish 
 that beef? 
 
 Mr. Newton: Yes, sir ; I put in a bid. 
 
 Mr. McGrath: Was the contract awarded to your firm? 
 
 Mr. Newton: No, sir. ^ 
 
 Mr. McGrath : To whom was it awarded ? 
 
 Mr. Newton : To John Gordon. 
 
 Mr. McGrath : Did you have any interest in that contract ? 
 
 Mr. Newton : I had a slight interest in it ; I had a privilege of putting 
 in some beef on the contract ; Mr. Gordon and myself had an understand- 
 ing beforehand that — I suppose you might call it that we sorter pooled the 
 contract, and my part of it was that I was to put in some net beef ; w'e w r ere 
 all to bid for the contract, and no matter which one received it, I w r as to put 
 in a part of cut beef. 
 
 Mr. McGrath : Who else was interested in that contract ? 
 
 Mr. Newton: John Gordon, Waddy Thompson and myself. 
 
 Mr. McGrath : Where did you first see Thompson with regard to that 
 contract ? 
 
 Mr. Newton : At the Madison House, in this city. 
 
 Mr. McGrath: Was that the first time? 
 
 Mr. Newton: Yes, sir; we (Gordon, Thompson and myself) met there 
 and called for a room and went upstairs. 
 
 Mr. McGrath: Was that before you made your bids? 
 
48 
 
 Mr. Newton : Yes, sir ; that was the morning before the bids were 
 put in. 
 
 Mr. McGrath : Was that the first time you met Thompson? 
 
 Mr. Newton : Yes, sir. 
 
 Mr. McGrath: Did you not meet Thompson in Sedaiia? 
 
 Mr. Newton : I met him several times in Sedaiia before this. 
 
 Mr. McGrath : Did you have any conversation with Thompson in Se- 
 daiia about this contract? 
 
 Mr. Newton: I held the contract at the time, and when I met Mr. 
 Thompson he spoke of the advertisement and asked me if I was going to bid 
 for it again. 
 
 Mr. McGrath : Did you not agree with Thompson in Sedaiia to what 
 3^011 call pool your issues and to come down here and enter into an agreement 
 with Gordon to pool your issues ? 
 
 M. Newton : No, sir : I came down here to put in a bid and try to get 
 the contract myself. 
 
 M. McGrath: How did you come to pool your issues? 
 
 Mr. Newton: We were talking together of the contract and some one 
 spoke of the fluctuating market and said a man ought to have a good price, 
 and that we might as well fix to make some money out of it, and that he 
 could get the contract so that a man ought to make some money out of it ; 
 Gordon said he didn’t think there would be many bids, as the people here 
 were afraid of it, and he was a little afraid of it himself ; about this time we 
 called for a ro#m and went up to it to fix it up. 
 
 Mr. McGrath : That was where you agreed then that Gordon should be 
 the lowest bidder? 
 
 Mr. Newton : No, sir ; we had no such agreement. 
 
 Mr. McGrath : What do you mean then by pooling your issues? 
 
 Mr. Newton: We meant this, that each man should put in his bid at 
 the price he was willing to supply the Penitentiary at, and then the question 
 came up that, supposing one man should take the contract lower than the 
 other two would want to stand to, and then we agreed that whoever the con- 
 tract was awarded to should take it by himself if the others did not want to 
 take part in it. 
 
 Mr. McGrath : Do you mean to state now T , under oath, that there was 
 no understanding between you as to wbat 3?-our bids w r ere to be? 
 
 Mr. Newton: I do, sir. 
 
 Mr. McGrath : Was it not a fact that neither of 3^011 were to bid lower 
 than 3 J? 
 
 Mr. Newton : No, sir ; there was no such understanding ; Mr. Gordon 
 made the statement tnat this contract ought not to be taken for less than 3 J 
 
49 
 
 and I believe we all sanctioned that, that it ought not to be taken for less 
 than that. 
 
 Mr. McGrath: State what extent your interest was in that contract? 
 
 Mr. Newton : My interest was that I was to furnish so much net meat. 
 
 Mr. McGrath : After you all sanctioned this price, how did you know 
 then that you could have any interest in this contract by furnishing cut beef? 
 
 M. Newton : I had been sending cut meat before that to the Peniten- 
 tiary, when the bid was advertised in the same form, and it hadn’t been 
 stopped, and I had not been notified that it would be cut off; in 1876 they 
 had a lot of convicts at Talmage Station, in our county, and they had some 
 butchers and farmers in our county killing sheep and calves so that they 
 might have fresh meat, and it was a great deal of annoyance to them, as they 
 couldn’t get it as they wanted ; so they came to Sedalia to see us about send- 
 ing up meat to them daily in quantities to suit them, and w r e made the ar- 
 rangement with them ; we continued furnishing this meat, and on the strength 
 of it we made contracts with hotels and restaurants in Sedalia, which enabled 
 us to kill more cattle ; and we continued along up to the time that the pris- 
 oners were taken away from there ; wdien they were taken aw T ay those con- 
 tracts were hanging over us in Sedalia, and to stop sending this meat would 
 put us in a very bad situation ; in the meantime they had moved the convicts 
 to Montserrat, and this was when they were moved from there ; we made our 
 contracts with the parties in Sedalia for one year ; I made the arrangement 
 with Mr. Willis for furnishing this meat prior to 1881. 
 
 Mr. McGrath: Was it understood between yourself, Gordon and 
 Thompson that, whoever got the contract, you three were to be interested 
 in it? 
 
 Mr. Newton: Yes, sir; my part of the contract was that I was to fur- 
 nish 200 pounds of net meat daily; I don’t know what Mr. Gordon’s and 
 Mr. Thompson’s part was to be. 
 
 Mr. McGrath : How did you know that you would be permitted to fur- 
 nish this cut beef? 
 
 Mr. Newton: We had been furnishing the meat to the Penitentiaiy for 
 from one cent to one and one-fourth cent a pound less than the other meat 
 came to, and I supposed I could do so still ; I did not know positively that I 
 could furnish it, but I took my chances on it. 
 
 Mr. McGrath: How much of that cut meat did you furnish? 
 
 Mr. Newton : On an average of 200 pounds a day. 
 
 Mr. McGrath : How long did you continue to furnish this cut beef 
 after January, 1881? 
 
 Mr. Newton: Up to the 13th day of November, 1881. 
 
 c r p — 4 
 
50 
 
 Mr. McGrath : Who paid you for that beef ? 
 
 Mr. Newton: Mr. Gordon sent us a draft for it every month. 
 
 Mr. McGrath: What was Mr. Gordon’s bid for that contract? 
 
 Mr. Newton: $3.75 a hundred. 
 
 Mr. McGrath : Was that the price at which the contract was awarded? 
 
 Mr. Newton: No, sir ; the Warden refused to award it because the bid 
 was too high. 
 
 Mr. McGrath : How long after these bids were put in was it until the 
 contract was awarded? 
 
 Mr. Newton : I don’t know : I went home the same day. 
 
 Mr. McGrath: How long after that was it until you received an order 
 to commence sending your meat ? 
 
 Mr. Newton : I received no order, but I never had stopped sending it 
 and continued sending it up to November 13, 1881. Mr. Gordon com" 
 menced paying me from the time he got the contract. 
 
 Mr. McGrath: Were you present when the bids were opened? 
 
 Mr. Newton : Yes, sir. 
 
 Mr. McGrath : Where were the}- opened? 
 
 Mr. Newton : At the Warden’s office. 
 
 Mr. McGrath: Who opened them? 
 
 Mr. Newton: Mr. Willis, the Warden. 
 
 M. McGrath: Who else was present? 
 
 M. Newton: Waddy Thompson, Gordon and some other parties. 
 
 Mr. McGrath: Then the papers were opened in the presence of the 
 bidders : 
 
 Mr. Newton: Yes, sir. 
 
 Mr. McGrath: T ien, when opened, the Warlen said the price was too 
 high ? 
 
 Mr. Newton: The Warden said, ‘‘Mr. Gordon, I won’t take the re- 
 sponsibility of letting this contract. The price is too high. I will refer the 
 bids to the Inspectors.” 
 
 Mr. McGrath : How much of a deposit were you required to make by 
 the terms of the advertisement as a guarantee that you would take the con- 
 tract if it was awarded to you ? 
 
 Mr. Newton: A certified check of $1,000. 
 
 Mr. McGrath : Do you remember if there was a reservation in that ad- 
 vertisement giving the Warden and Inspectors the right to reject any and all 
 bids ? 
 
 Mr. Newton : Yes, sir. 
 
 Mr. McGrath: Did the Warden state that he would readvertise for 
 that contract. ? 
 
 Mr. Newton: No, sir. 
 
51 
 
 Mr. McGrath: Have you ever put in estimates before for furnishing 
 meat for the government? 
 
 Mr. Newton: Yes, sir. I have been contracting for years. 
 
 Mr. McGrath : What is the custom on making awards ? 
 
 Mr. Newton : It is owing to who the parties are. The custom is to 
 give to the lowest bidder if any were satisfactory. 
 
 Mr. McGrath : What would you regard the penalty to be if you did 
 not fulfill the conditions required, you having your certified check on deposit 
 and the award being made to you. 
 
 Mr. Newton : I would forfeit the money. 
 
 Mr. McGrath : What do you consider your rights in the event of being 
 the lowest bidder? 
 
 Mr. Newton: Not anything; they have the right to reject any and all 
 bids, if that clause is in there; if it was not, 1 would demand the contract. 
 
 cGrath : Has it been your experience, when the bids were all re- 
 jected, that it was customary for the parties to enter into a private contract 
 for a less price? 
 
 Mr. Newton : I never had any experience of that kind ; this is the only 
 instance in my experience of that kind. 
 
 Mr. McGrath: Do you carry on a pretty large business? 
 
 Mr. Newton: We did a pretty extensive business when we were selling 
 meat. 
 
 Mr. McGrath : Did you ever pay commission to any one for bringing 
 trade to }mur place ? 
 
 Mr. Newton: I don’t remember that I ever did. 
 
 Mr. McGrath : During the time you were furnishing the meat to the 
 Penitentiary did you ever, directly or indirectly, give any money or other 
 valuable thing to the Warden or any member of his family, or any employe 
 of the Penitentiary, in consideration of being permitted to send this meat? 
 
 Mr. Newton: I never gave the Warden, his son, his brother, or any 
 member of his family, nor any employe or officer of the penitentiary, as 
 much as one cigar. 
 
 Mr. Downing: In your evidence above you stated you continued to 
 send cut beef until the 13th of November, and then stopped ; was this by 
 direction of the Warden, or did you stop on your own account? 
 
 Mr. Newton: I stopped on our own account? 
 
 Mr. Downing: Was you ever notified by the Warden, between the 1st 
 of February and the 13th of November, not to send any more cut beef? 
 
 Mr. Newton: On several occasions he told us that if the meat didn’t 
 come in better shape we would have to stop it ; some of it was spoilt, and lie 
 said he couldn’t receive it that way ; the complaints were so frequent that we 
 finally stopped it, without being directed to do so by him ; the spoilt meat 
 
 • 
 
52 
 
 was thrown away and was charged back to as ; I don’t know how much the 
 pieces of meat would weigh ; as a general thing we didn’t send whole quar- 
 ters ; the meat was shipped in boxes and barrels and was consigned to the 
 Missouri Penitentiary ; we furnished the boxes and barrels ; in the summer 
 time the barrels had lids to them ; we did not send the refuse paits of 
 the meat. 
 
 Mr. Britts: Will you please describe the meat you sent? 
 
 Mr. Newton: We would take a fore quarter of beef, cut it parallel 
 with the ribs, right behind the shoulder, cut the bone out of the neck and 
 saw the end of the shank off ; then we would send plate pieces ; also parts of 
 the round and rump. 
 
 Mr, Britts : Then I understand that the choice pieces were cut out at 
 Sedalia and the balance sent here ? 
 
 Mr. Newton : No, sir. 
 
 Mr. Britts: Then, what part was retained at Sedalia? 
 
 Mr. Newton : Some of the choice and some of the worst pieces were 
 
 kept there. 
 
 Mr. Britts: What was the average price of this beef in Sedalia? 
 
 Mr. Newton : Eight and ten cents a pound ; some of it twelve and one 
 
 half cents. 
 
 Mr. Britts: What was the market value of that which you sent here? 
 
 Mr. Newton ; From six to nine cents a pound. 
 
 Mr. Britts : Then I understand that you was losing money by selling it- 
 to the State ? 
 
 Mr. Newton : Yes sir ; that is the reason we quit ; we had contracts at 
 Sedalia with hotels, and after they took their meat we had more than we had 
 customers for, and so we sent it here ; we either had to send it here or throw 
 it away in the course of time ; that is the reason we sold it so cheap ; the 
 first thing we cut in the morning was the penitentiary meat ; we took a foie 
 quarter of beef and cut it parallel with the rib behind the shoulder, take the 
 bone out of the neck, cut off the point of the shank and put it on the scales : 
 if that didn’t fill out the amount we would cut out some of the plate pieces, 
 and round and rump to make up the amount ; we kept the loin at Sedalia ; I con' 
 sider the class of beef that I furnished here, two cents a pound better thai 
 they furnished here ; it has been a long time since I saw a beef killed in tin 
 Penitentiary; the last one I saw was in 1880, when I had the contract fo: 
 furnishing beef; I can’t state that I have seen beef hanging up there in tin 
 last two years. 
 
 Mr. Downing : If you have never seen a beef killed there in the las 
 two years and have never seen any after it was killed, how do you know any 
 thing about the quality of the beef they had there? 
 
 • 
 
53 
 
 Mr. Nowton : I saw the beef in the lot, and X can tell as much about 
 them by that as if it was already slaughtered ; the only time they ever got 
 any decent meat to eat in the Penitentiary, was when they got it in barrels 
 and boxes from Newton & Sons ; I state this on my oath ; I mean to my 
 knowledge. FRANK NEWTON. 
 
 February 1, 1883. 
 
 Elijah Oates, being duly sworn, testifies as follows : I am 55 years 
 old, reside in St. Joseph, and am in the transfer business. 
 
 Mr. McGrath: What business were you engaged in in 1882, from Jan- 
 uary to September? 
 
 Mr. Gates : The commission business in St. Louis. 
 
 Mr. McGrath: While in that business did you furnish any supplies to 
 the Missouri Penitentiary? 
 
 Mr. Gates : I did sir. 
 
 Mr. McGrath: Did you furnish any supplies during the year 1881? 
 
 Mr. MGates : Yes sir ; I think we furnished supplies in December, 1881, 
 and January, 1882. 
 
 Mr. McGrath: What was the nature of those supplies? 
 
 Mr. Gates: Potatoes, beans, cut beef and other things, turnips and 
 kraut ; no groceries that I remember of. 
 
 Mr. McGrath : When you say we, are we to understand you had some 
 one associated with 3^011 ? 
 
 Mr. Gates: The firm was myself and O. F. Guthrie; known as Elijah 
 Gates & Co. 
 
 Mr. McGrath : Did you have a contract with the State through an} r of 
 its officers for supplying any of the goods above enumerated to the Peni- 
 tentiary ? 
 
 Mr. Gates : I had no contract with the State, but merely bought goods 
 on written orders of the Warden. 
 
 Mr. McGrath: What agreement did you have with the Warden as to 
 your compensation for making these purchases? 
 
 Mr. Gates: We received a commission of one and one-half per cent. 
 
 Mr. McGrath: What was your method of purchasing those goods? 
 
 Mr. Gates : We went around and found were could buy them cheapest, 
 and there made our purchases. 
 
 Mr. McGrath: You did not then have any of these supplies in your 
 own possession? 
 
 Mr. Gates : No, sir. 
 
 Mr. McGrath: IIow long were you engaged in so furnishing those 
 goods ? 
 
54 
 
 Mr. Gates: Some eight or nine months, from November, 1881, to. 
 July, 1882. 
 
 Mr. McGrath: Hrve you* any idea from memory as to the extent of 
 your purchases? 
 
 Mr. Gates: No, sir; I remember having bought some four or five car 
 loads of potatoes and beans, etc., about a dozen barrels. 
 
 Mr. McGrath : What was the extent of those purchases? 
 
 Mr. Gates : I don’t think it would exceed $500 a month. 
 
 Mr. McGrath: When did you become interested in the purchase of 
 meat for the Penitentiary ? 
 
 Mr. Gates: I think about the first of December, 1881. 
 
 Mr. McGrath : Did you have a contract with anybody for that purchase ? 
 
 Mr. Gates: An arrangement was made with our house by Mr. Waddy 
 Thompson that we were to furnish him so much cut meat a week for the 
 Penitentiary for two months. 
 
 Mr. McGrath : State, if you know, for what price 3^011 were to furnish 
 that meat to Mr. Thompson? 
 
 Mr. Gates : From six to eight cents. 
 
 Mr. McGrath : Did your house have any agreement with Mr. Thompson 
 as to the quality of that meat? 
 
 Mr. Gates: It was to be good, sound meat, but not the choice parts ; I 
 never saw a pound of the meat. 
 
 Mr. MGrath : What do yo mean by stating that you told your partner, 
 Mr. Guthrie, when he spoke to you about this meat, that he could do as he 
 pleased about it? 
 
 Mr. Gates : I meant this, that in the first place, I was not very favora- 
 bly struck with the idea of furnishing it to Thompson, and, in the second 
 place, I was afraid the meat would not be as good as it should be. 
 
 Mr. McGrath: From whom did you receive your pa}'' for that meat? 
 
 Mr. Gates: From Mr. Willis, the Warden of the Penitentiary; a short 
 time after we commenced furnishing it, I was up here and Mr. Willis and I 
 had a conversation with regard to the meat ; he did not seem to like the idea 
 of our sending it, and spoke as if he would like to have it stopped ; I told 
 him we had made a contract with a party in St. Louis to furnish it for two 
 months, and if they sent such meat as he could receive, and he would do so, 
 
 I would like to have him do it; Mr. Willis said he, Thompson, had no right to 
 send the meat. 
 
 Mr. McGrath: When was it you had this conversation with Mr. Willis? 
 
 Mr. Gates: I think the second week in December, 1881. 
 
 Mr. McGrath: Do you know if your house acquainted Mr. Willis with 
 the agreement entered into with Mr. Thompson for this meat? 
 
 Mr. Gates : I think not ; we supposed he knew it. 
 
00 
 
 Mr. McGrath : Then you did have the assent of the Warden to furnish 
 it for two months? 
 
 Mr. Gates : Yes, sir ; I understood that he gave his assent ; at least he 
 did not stop the meat. 
 
 Mr. McGrath : Did you continue to .send it after that time? 
 
 Mr. Gates : No, sir ; we only furnished it for two months. 
 
 Mr. McGrath : What months were those ? 
 
 Mr. Gates: December and January. 
 
 Mr. McGrath : Did you furnish any meat after that time ? 
 
 Mr. Gates : No, sir. 
 
 Mr. McGrath : Why did you stop sending it then. 
 
 Mr. Gates : Because we had only agreed to supply it for two months ; 
 the Warden did not order it stopped. 
 
 Mr. McGrath : Do you know of any other parties who furnished bee# 
 through Thompson after that two months? 
 
 Mr. Gates : No, sir, I do not ; I never heard of any. 
 
 Mr. McGrath : How did it happen that the Warden paid you and not 
 Thompson ? % 
 
 Mr. Gates : It was because we did not want to take Thompson for it. 
 
 Mr. McGrath : At the time you made the agreement with Thompson, 
 did he give you any order on the Warden? 
 
 Mr. Gates : No, sir, he did not. 
 
 Mr. McGrath : It was with Thompson you made the agreement, was 
 it not? 
 
 Mr. Gates : Yes, sir. 
 
 Mr. McGrath : Did you know at the time you made the agreement that 
 you wou’d get the money from the Warden and not from Thompson? 
 
 Mr. Gates: I knew at the time that that was the agreement between 
 Mr. Thompson and Guthrie, that the Warden was to pay it directly to us. 
 
 Mr. McGrath : What means did your house take of obtaining the 
 Warden’s assent to that agreement? 
 
 Mr. Gates: I don’t know as we ever thought of that; we simply sent 
 the meat as directed by Thompson. 
 
 Mr. McGrath : Did you know Thompson to have any interest in that 
 contract ? 
 
 Mr. Gates : I did not until Thompson spoke to us about it. 
 
 Mr. McGrath : Then you merely furnished the meat on his order, 
 without knowing whether he had a right to do it or not? 
 
 Mr. Gates: Yes, sir; there was no doubt in my mind but what he had 
 the right ; I didn’t question it at all. 
 
 Mr. McGrath : Did your house have any previous business relations with 
 Thompson? 
 
56 
 
 Mr. Gates: No, sir; that is all the business relations we ever had 
 with him. 
 
 Mr. McGrath : When your house made this arrangement with Thomp- 
 son, then your house made arrangements with one or more butchers in St. 
 Louis to supply you with the means for fulfilling that arrangement with 
 Thompson? 
 
 Mr. Gates : That is exactly what we done. 
 
 Mr. McGrath : Did you consider 3 r our house responsible to those 
 butchers for its contracts? 
 
 Mr. Gates : I did. 
 
 Mr. McGrath : And what evidence had you then that Thompson was 
 the proper party to buy these supplies for the Penitentiary? 
 
 Mr. Gates : I had no evidence except his word. 
 
 Mr. McGrath : Then you did take his word for the ordering of the meat ? 
 
 Mr. Gates: Yes, sir. 
 
 Mr. McGrath: But you did not take his word for the payment of it? 
 
 Mr. Gates: Our understanding was that the Warden was to pay for it. 
 That was his (Thompson’s) proposition. # 
 
 Mr. McGrath : If Thompson had not made that proposition, what 
 would you have done? 
 
 Mr. Gates: I don’t know'. I don’t know but what I would have 
 bought it on Thompson’s word, but the proposition was not made that w'ay. 
 
 Mr. McGrath: Did he give you any reason why the Warden should pay 
 it, and not himself? 
 
 Mr. Gates: No, sir, I don’t know that he did 
 
 Mr. McGrath: How did you make out your bills for that meat? 
 
 Mr. Gates : We made it out to the Warden of the Penitentiary for so 
 much meat furnished. 
 
 Mr. McGrath: Were you ever informed of anj^ of that meat coming 
 here in a damaged condition? 
 
 Mr. Gates? Yes, sir, I was. 
 
 Mr. McGrath: By whom were }^ou informed? 
 
 Mr. Gates : I learned it from the return of my bills showing how much 
 meat I had sent, and how much had been charged back as damaged meat. 
 
 Mr. McGrath: Have you any idea as to the amount of meat furnished 
 during this time ? 
 
 Mr. Gates: I don’t know the amount, but the bills will show it. The 
 whole money transaction, I think, was $842. 
 
 Mr. McGrath : Have you any idea he w much meat was damaged dur- 
 ing the time? 
 
 Mr. Gates: I can’t state that, but there was a considerable quantity of 
 it damaged that w r e were charged with. 
 
Mr. McGrath : You say the total transaction was $840 ? 
 
 Mr. Gates : I think so, sir. 
 
 Mr. McGrath : And you only furnished that meat for two months ? 
 
 Mr. Gates : Yes, sir. 
 
 Mr. McGrath: Do you remember what price per pound you got for it? 
 
 Mr. Gates : I think it was from six to eight cents. 
 
 Mr. McGrath : Did Thompson tell you at what price he was to furnish 
 the meat to the State ? 
 
 Mr. Gates: I don't think he did. 
 
 Mr. McGrath : Did you ever learn from any source what contract the 
 State had made with Thompson or with other parties? 
 
 Mr. Gates : No, sir. 
 
 Mr. McGrath: You did not know then that they were paying you more 
 for the meat than they themselves got? 
 
 Mr. Gates : No, sir ; I knew nothing about what they were getting. 
 
 Mr. McGrath : But you are satisfied that your price was from six to 
 eight cents per pound? 
 
 Mr. Gates : Yes, sir. 
 
 Mr. McGrath : What was the nature of } r our contract wfitli the parties 
 in St. Louis? 
 
 Mr. Gates : They were to furnish it on board the cars for from 3 J to 4 
 cents per pound. 
 
 Mr. McGrath: Who paid the freight on it? 
 
 Mr. Gates: We paid the freight. 
 
 Mr. McGrath: How much is the freight per 100? 
 
 Mr. Gates : I can’t say. 
 
 Mr. McGrath: Was the Warden interested directly or indirectly in 
 that purchase ; did he have any pecuniary interest in it? 
 
 Mr. Gates : No, sir. 
 
 Mr. McGrath : Do you know whether or not your house ever paid any 
 compensation to the Warden, either in money or any other valuable article, 
 directly or indfreetly, in consideration of his allowing that contract to stand 
 between you and Thompson? 
 
 Mr. Gates: Neither in that or anything else. 
 
 Mr. McGrath : Did you have any conversation with any of the Inspec- 
 tors on this beef contract? 
 
 Mr. Gates: No, sir; I never had a word with either of them. 
 
 Mr. McGrath : Then you don’t know that they had any knowledge of 
 this transaction? 
 
 Mr. Gates: I don’t. 
 
 Mr. Downing: Did you make out a bill for these shipments of meat? 
 
58 
 
 Mr. Gates: Mr. Johnson, our book-keeper, attended to that, and 1 
 don’t know whether the bill for the beef was made out separate or included 
 with other articles. 
 
 Mr. Downing: Were any bills ever receipted by you for cut meat? 
 
 Mr. Gates: No. sir but I signed receipts and sent them back to the 
 Warden. 
 
 Mr. Downing: Please state where the bills are, if any were ever ren- 
 dered ? 
 
 Mr. Gates : I think they are in my desk in St. Louis. 
 
 Mr. Downing: Will the bills show the amount of spoiled meat? 
 
 Mr. Gates: I think so, sir. 
 
 ELIJAH GATES. 
 
 January 31, 1883. 
 
 J. B. Tolin, being duly sworn, testifies as follows: I have charge of 
 the Penitentiary stables and have had charge of them since May or near May, 
 two years ago ; I kept the books of the stable — that is they are in my charge, 
 but I ha\e a book-keeper to attend to the work ; I have a book in which is 
 kept the amount of feed received, including hay, corn, oats and bran ; my 
 books will show the number of horses, other than those belonging to the 
 State, kept at the stable, and also the number of mules owned by the State ; 
 I have held this position in the years 1881 and 1882 ; I was suspended for a 
 while the first of the year, 1881, but no cause was given; I was suspended 
 by the Warden ; at the time I was suspended I was not holding the position 
 I do now ; Mr. Ruthven then had charge of the stables ; I was first appointed 
 to that position in May, 1881 ; when I first went there there were two horses 
 there which did not belong to the State ; one belonged to Capt. Todd and 
 one to Mr. Ruthven ; Capt. Todd had three horses there part of the time 
 and part of the time two ; for several months Capt. Todd did not have a 
 horse, but afterwards bought one ; this became lame and was put on pasture 
 and he then bought two ponies ; I could tell how long they were there by 
 referring to my books ; I don’t think he had the three there more than two 
 weeks at a time ; I remember when Capt. Todd took some horses to St. 
 Louis, but don’t remember the date ; I think he shipped seven horses ; they 
 were kept at the old Penitentiary stables ; these have no connection with the 
 stables under my charge and I had nothing to do with them. 
 
 Mr. Downing: Did you furnish any feed to Capt. Todd for these horses 
 kept by him ? 
 
 Mr. Tolin : Not to Capt. Todd ; I furnished in this way : Sometimes 
 they would get out of feed and would borrow a load of corn from me, and 
 when they got some corn they returned it ; this only happened once or twice ; 
 some of the horses were there a month and some not so long ; I remember 
 
59 
 
 when Mr. Walker came to the stables ; I think it was last September ; I never 
 furnished any oats, hay or bran to Captain Todd for those horses, or to any 
 one for him ; I kept a list of the horses entered at the State stables other 
 than those belonging to the State ; I always kept an entry in my book of all 
 horses kept there, except the two horses owned by the Warden ; these were 
 there when I went there ; I did not keep a record of any of the stock that 
 was there when I went there ; I supposed the Warden had a right to keep his 
 horses there and didn’t keep any account of them ; they were used in the 
 prison wagon every day ; they were worked the same as the other horses ; 
 Peter Willis kept one horse there; I kept an account o'* that horse; he was 
 kept there between two and three months ; I had a horse there ; the first year 
 I went there I bought me a saddle horse ; the State furnished me a horse to 
 ride, but they were out of a horse at the time, and I told the Warden I would 
 buy one if they would keep it ; he agreed ; I bought the horse in June, 1881, 
 and kept it until May, 1882 ; John Gates had a horse there; I think he got 
 the horse in March, 1882, and kept him until in June or July ; Col. Gates had 
 a horse there about three months ; Dr. Winston kept his horse there part of 
 the time ; he kept it there off and on from the time I went there until the 
 Inspectors’ investigation ; he had two there while he was in St. Louis ; it 
 might have been two or three weeks ; Capt. Bradbury kept a horse there a 
 while in the summer of 1881, and again last spring, about a month at a time ; 
 Gov. Crittenden had a horse there four months ; it came there early in the 
 spring and remained about four months ; Mr. Tuttle had a horse there a 
 month ; Mr. Tuttle is one of the employes at the prison ; that was all ; my 
 books show that all these horses have been kept there, and for whatdength of 
 time ; my books do not show what amount of feed has been distributed to 
 them ; I am certain of that ; no cows were kept there for any one ; I never 
 let any feed go out for cows, but have loaned a load of bran to the Warden ; 
 he returned the bran, pound for pound ; I also loaned him a load of corn ; I 
 did not loan him any hay or oats ; I had nothing to do with any cows ; they 
 were all kept at the old stables ; they were in charge of a prisoner, who did 
 the milking ; no one kept cows there that I know of except the Warden. 
 
 Mr. Downing: When you state above that there were only two horses 
 kept there other than those belonging fo the State, you were mistaken, were 
 you not? 
 
 Mr. Tolen : Yes, sir ; I meant that there were only two horses that I 
 didn’t keep account of. 
 
 Mr. Downing: How many different horses were kept there during this 
 time other than those belonging to the State? 
 
 Mr. Tolin : Twelve, for the length of time as specified above ; the old 
 stables are on the street, just south of the Centennial hall, outside of the 
 prison walls ; when the new stables were built the old stables were abandoned 
 
60 
 
 and were used as a dairy ; they are about a block from the new stables ; no 
 feed was taken from the new stables to the old, except as I have stated above. 
 
 Mr. Downing : You state above that no account was kept of this feed 
 distributed to these horses kept at the new stable. Am I correct? 
 
 Mr. Tolin : Yes, sir. 
 
 Mr. Downing: Then, did you make any charges against these parties 
 for keeping their horses ? 
 
 Mr. Tolin: No, sir. I desire to explain this. I kept a record of those 
 horses from the time they came in until they went out. Once a month I 
 made out an account of this and all other transactions, and sent it to the 
 Warden’s office. 
 
 Mr. Downing : Please refer to your books and state how many horses 
 you had there, other than those belonging to the State, on the 6th day of 
 May, 1882? 
 
 Mr. Tolin : Ten horses. 
 
 Mr. Downing: Refer to your books and see if you didn’t have more 
 than two charged to Capt. Todd on the 6th of May, 1882. 
 
 Mr. Tolin : My books show six other horses charged to Capt. Todd on 
 that day. 
 
 Mr. Downing: Do your books show that a horse was charged to Mr. 
 Ruthven on that date, or about that time? 
 
 Mr. Tolin : No, sir. 
 
 Mr. Downing: State whether or not you have Peter Willis charged for 
 keeping a horse, on your books? 
 
 Mr. Tolin : No, sir. 
 
 Mr. Downing: State whether or not you have J. B. Tolin charged for 
 keeping a horse, on your books? 
 
 Mr. Tolin: No, sir. 
 
 Mr. Downing : Then you were mistaken when you stated above that 
 the Warden’s two horses were the only ones of which no account was kept? 
 
 Mr. Tolin : Yes, sir. The State furnishes the men who have charge of 
 the stables a horse to ride, but they had none when I went in, and I bought 
 one and kept it there. They are now furnishing me one. I used my horse 
 in doing the work of the State. I mean the Warden permitted me to keep 
 one. No account was kept of the horse kept there by Peter Willis. There 
 were no other horses kept there, of which no account was kept, except these 
 four. I am certain of this. 
 
 Mr. Downing : Can you State whether or not these horses spoken of 
 above were removed prior to October 6, 1882? 
 
 Mr. Tolin: They were. 
 
 Mr. Downing: Why didn’t you keep an account of the horse of Peter 
 Willis, the two horses of Warden Willis and your horse? 
 
 Mr. Tolin : I never was directed to keep an account of those horses. 
 
Mr. Downing: Were you ever directed to keep an account of the other 
 horses ? 
 
 Mr. Tolin : Yes, sir. 
 
 Mr. Downing : By whom ? 
 
 Mr. Tolin : By the Warden. 
 
 Mr. Downing: Did he ever directly or indirectly, tell you not to keep 
 an account of the horses of Peter Willis, J. R. Willis, or your own? 
 
 Mr. Tolin : No, sir. 
 
 Mr. Downing : Did he know that you kept those horses there ? 
 
 Mr. Tolin : Yes, sir. 
 
 Mr. Downing : What were these four horses used for ? 
 
 Mr. Tolin : They were used for the interest of the State. 
 
 Mr. Dowming : Were yon required in your employment to furnish horses 
 for the use of the State ? 
 
 Mr. Tolin: No, sir. 
 
 Mr. Downing: You just kept the horse there for the accommodation 
 of tfce State? 
 
 Mr. Tolin : It is necessary for the man in charge of the stables to use 
 a horse ; when I wont there I took Mr. Ruthven’s place ; he had been using 
 his own horse ; the Warden told me to use Mr. Ruthven’s horse until he 
 could buy one; I told the Warden I would buy a horse myself if they would 
 keep it and he consented ; there was nothing said about it after this until the 
 order of the Inspectors, when Mr. Willis told me I would have to remove my 
 horse and I did so ; there was no understanding that Mr. Willis w r as to 
 receive any pecuniary benefit from keeping my horse and I did not work for 
 any less than I would otherwise. 
 
 Mr. McGrath: Who keeps these books? 
 
 Mr. Tolin : A prisoner by the name of Phelps. 
 
 Mr. McGrath: Do you ever examine them? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath : Who makes out the bills from them ? 
 
 Mr. Tolin: The clerk in the Warden’s office. 
 
 Mr. McGrath : How do you know when those bills are made out ? 
 
 Mr. Tolin: I don’t know that they were made out. 
 
 Mr. McGrath: This is in the nature of a day book? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath: When do you return them to the office? 
 
 Mr. Tolin : The first of every month. 
 
 Mr. McGrath: I see you have many entries for off haul charged to 
 different parties ; what do you call that ? 
 
 Mr. Tolin : It is the waste lumber, the slabs around the big saw. 
 
Mr. McGrath : Do you know how that is sold by the load? 
 
 Mr. Tolin : No, sir. 
 
 Mr. McGrath: Then you don’t know that any bills are made out? 
 
 Mr. Tolin : I know some have been made out because I have collected 
 some of them. 
 
 Mr. McGrath: Can you tell me wh}^ those leaves — from 84 to 91 were 
 cut out of this book ? 
 
 Mr. Tolin: 1 don’t knpw ; at the time of the investigation of the 
 Inspectors, the book was taken to the Warden’s office and they were missing 
 when the books were returned to me ; I discovered this first when looking 
 through the books for some accounts. 
 
 Mr. McGrath : Do you remember what those leaves contained ? 
 
 Mr. Tolin: No, sir. 
 
 Mr. McGrath: When you missed them, did you ever call any one’s 
 attention to it? 
 
 Mr. Tolin: Yet, sir; I spoke to the Warden. 
 
 Mr. McGrath: What did he say? 
 
 Mr. Tolin : He said he knew nothing about it and told me to feee the 
 clerk. 
 
 Mr. McGrath : Did you see the clerk? 
 
 Mr. Tolin : l r es, sir ; the clerk said he knew nothing about it ; that the 
 book was all right when it left the office ; the clerk at the stables has charge 
 of the books in the day time and at night they are locked up in the stable ; I 
 take the books to the Warden’s office the first of every month. 
 
 Mr. McGrath: Do you make a practice of examining them at the end 
 of the month to see your month’s work? 
 
 Mr. Tolin : Y"es, sir. 
 
 Mr. McGrath : Are you satisfied the book was all right when you took 
 i,t to the office? 
 
 Mr. Tolin : No, sir. 
 
 Mr. McGrath : At what time did this occur ? 
 
 Mr. Tolin : It was while the Inspectors were making their investigation : 
 when it came back the leaves were gone ; that is all I know about it. 
 
 Mr. McGrath: Who owns the steamboat mentioned here? 
 
 Mr. Tolin: A. J. Stein. 
 
 Mr. McGrath : Has A. J. Stein a contract with the Penitentiary for 
 hauling? 
 
 Mr. Totin : He did have. 
 
 Mr. McGrath: What was the nature of it? 
 
 Mr. Tolin : I don’t know. 
 
 Mr. McGrath : Have you got an account of how much corn, hav, oats, 
 etc., you receive monthly? 
 
63 
 
 Mr. Tolin: Yes, sir; I can’t tell how much, .though,* without my book. 
 
 Mr. McGrath: Through whom do these order come that, I see by your 
 book, you fill all over town? 
 
 Mr. Tolin: From the Warden’s office. 
 
 Mr. McGrath: You merely receive the order from the office, and then 
 fill it? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath: You do a pretty large business with the citizens here, 
 do you not? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath : Can the teams under your charge be used for any pur- 
 pose without your knowledge? 
 
 Mr. Tolin: No, sir. 
 
 Mr. McGrath : Do you know the Warden’s brother who is farming over 
 the river? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath : How often have your teams been sent over to his farm? 
 
 Mr. Tolin : Never. 
 
 Mr. McGrath: Have you charge of all teams belonging to the State? 
 
 Mr. Tolin : All on this side of the river. 
 
 Mr. McGrath : How many teams are there on the State farm ? 
 
 Mr. Tolin: Three. 
 
 Mr. McGrath: You have no charge of those, and do not know what 
 disposition is made of them. 
 
 Mr. Tolin: No, sir. 
 
 Mr. McGrath: Do the Inspectors ever examine your books? 
 
 Mr. Tolin: No, sir. 
 
 Mr. McGrath : Did they ever examine you ? * 
 
 Mr. Tolin: No, sir. 
 
 Mr. McGrath: Is it your understanding that everything in these books 
 is paid for? 
 
 Mr. Tolin: Yes, sir. 
 
 Mr. McGrath : How do you know that? 
 
 Mr. Tolin : I don’t know, but I suppose they would not want me to 
 keep those books, if they were not to be paid for ; they are sent to the office 
 once a month ; I don’t know why some are marked paid and others not ; I 
 suppose the accounts marked out have been settled ; it is my understanding 
 there are some bad debts on these books. 
 
 Mr. McGrath : Do you receive everything that comes from the State 
 farm ? 
 
 Mr. Tolin : Yes, sir. 
 
 Mr. McGrath : What amount of corn, oats and hay have you used at 
 
 that stable? 
 
64 
 
 Mr. Tolin: . In answer to this question, I submit the following, taken 
 from my books : 
 
 MISSOURI PENITENTIARY STABLE. 
 OATS RECEIVED IN THE YEAR 1882. 
 
 April 7 . ... Oats from Latshaw & Co 
 July 13 Oats from Latshaw & Co 
 
 26,426 pounds net 
 19,405 pounds net 
 
 Total pounds 
 
 45,831 
 
 Total bushels 
 
 1,432.07 
 
 CORN RECEIVED IN YEAR 1882. 
 
 Hay 1 
 
 Corn from Philip fa Co 
 
 15.526 
 
 42,299 
 
 27,356 
 
 27,954 
 
 26,895 
 
 10 
 
 Horn from Philip. Pip . T _ _ _ , 
 
 11 
 
 Corn from Dulle & Co 
 
 June 22* 
 
 A no*. ‘2 
 
 Corn from Dulle & Co 
 
 (lorn from Dnllp. fa Ho 
 
 
 Total pounds 
 
 140,030 
 
 2,500.20 
 
 Total fvn sh p! s 
 
 
 HAY RECEIVED IN YEAR 1882. 
 
 March 30. . . 
 
 June 12 
 
 Dec. 18.... 
 Dec. 18.... 
 
 Hay from C. Ewing 
 
 9,590 
 
 Hay from 
 
 21,340 
 
 25,180 
 
 Hay from S • Kaufman 
 
 Hay from J . Swalley 
 
 1,965 
 
 
 
 
 TMM pounds 
 
 58,075 
 
 
 
 The above represents all hay and grain received for Missouri Peniten- 
 tiary stable, unless there be small quantity, and that will be found on seal 
 book. 
 
 Mr. Downing: You have made no further inquiries to find out about 
 those leaves that are cut out? 
 
 Mr. Tolin : No, sir. 
 
 Mr. McGrath: How did you discover them? 
 
 Mr. Tolin : I was looking over the accounts. 
 
 Mr. McGrath : Did you ever discover any other leaves cut out of any 
 other book? 
 
 Mr. Tolin : No, sir. 
 
65 
 
 Mr. McGrath: Take this stable book and see if you know anything of 
 the leaves cut out of it from pages 60 to 65 ? 
 
 Mr. Tolin : This is the book I had reference to before when I said I 
 discovered that the leaves were missing after the investigation; I was 
 mistaken with regard to the other book ; I don’t think there was anything at 
 all on those pages — from 84 to 91 ; the stable book is the one I made the 
 enquiry about ; I thought it was the stable book you spoke of yesterday. 
 
 Mr. Downing : I see here that you have an entry to J. L. Smith for 
 delivering some corn. Where was that from ? 
 
 Mr. Tolin : From the prison ; there w^as 35 bushels and 56 pounds ; 
 this was August 10, 1881. 
 
 Mr. Downing: State, if you know, to whom you delivered corn, oats 
 or hay at other times, belonging to the State, within the last two years? 
 
 Mr. Tolin: August 4, 1881, we delivered 460 pounds of oats to Jacob 
 Strauss; also to the same party, 23 bushels, August 9 ; also 170 pounds of 
 corn, August 15 ; to Priesmeyer, 90 pounds of oats in August ; also to same 
 party, 110 pounds oats, August 23 ; also two loads of water; we delivered 
 more or less of these things to parties outside the Penitentiary from the first 
 of May, 1881, to September, 1882. 
 
 Mr. McGrath: What do you do with the orders you receive from the 
 Warden? 
 
 Mr. Tolin : I have most of them on file. 
 
 Mr. Downing: About how many orders have you received from the 
 Warden to deliver grain, hay, oats, wood or coal to parties outside of the 
 Penitentiary ? 
 
 Mr. Tolin: I can’t say how many; I have been directed by him to 
 deliver corn, oats, wood and coal to contractors and employes of the Peni- 
 tentiary, but can’t say how many; you will find everything that we have 
 hauled on this book ; I have kept an account of all orders for hauling for 
 parties outside of the Penitentiary and they will be found in these books ; 
 the corn, oats and hay referred to above, were not sold, but were merely 
 loaned to the parties; the coal and wood was sold, but the hay, corn and 
 oats was not; I know they were not sold because the parties returned them. 
 
 Mr. Downing: Your books show that these things were delivered to the 
 parties above-mentioned. Pfease point out on your books when they were 
 returned ? 
 
 Mr. Tolin : We never put them on our books when they were returned. 
 
 Mr. Britts : In your transactions, then, you consider that the State lost 
 nothing? 
 
 Mr. Tolin : Never a dollar. 
 
 February 7, 1883. 
 
 J. B. TOLIN. 
 
 C R P — 5 
 
John T. Lewis, of lawful age, being duly sworn, testifies as follows: 
 
 I have charge of the cooking department of the Missouri Penitentiary and the 
 table and diningroom. I have had charge of this department from Jan- 
 uary 1, 1881, to the present time. My duty is to attend the cooking depart- 
 ment and see if the prisoners get full rations properly served. Cut meat 
 first began to be received at the penitentiary on the 1st of January, 1881. 
 This came from Newton & Son, from Sedalia, and continued to be received 
 up to the 13th of September, 1881. The total number of pounds received 
 between these dates was 45,000 pounds. No more was received then until 
 November 8, 1881, when it began to arrive from Gates & Co., St. Louis. 
 They continued to send it until December 31, 1881, and furnished within 
 this time 13,889 pounds ; no cut meat has been received since the 31st of 
 December, 1881 ; I obtain the information given above from the books of 
 the commissary department of the Missouri Penitentiary ; the average num- 
 ber of pounds received per day while this beef was being received, was, for 
 309 days, 191 pounds per day; this cut beef consisted of a portion of the 
 fore-quarters, hind-quarters, necks and shanks ; for the months of January, 
 February, March and April, 1881, it was tolerably fair meat ; I do not think 
 any was rejected during these four months, of this scrap meat ; about the 
 25th of April I think there was some complaint of spoilt meat; I got 
 Capt. Bradbury to come down and look at it ; this occurred at the cutting 
 block ; we threw out 35 or 40 founds ; I mean to say that this complaint 
 was made first to Capt. Bradbury by the prisoners, and then to me ; of this 
 rejected meat some was neck, and looked as if it had been hanging up in a 
 butcher’s shop for two or three days ; the meat received from May 1st to 
 September 13tli, was of the same kind, but not of so good a quality ; there 
 was more sour meat ; it looked like meat that had been left over in a butcher 
 shop; it sometimes had ice on it, but the ice having melted, made it worse 
 than if it had had no ice ; the meat was shipped in barrels ; this meat came in 
 this spoilt condition once or twice a month ; I cannot remember positively how 
 often ; whenever we found spoilt meat it was sent back to the commissary and 
 reweighed and thrown away ; I don’t remember of any occasion when spoilt 
 meat was cooked ; if such meat was cooked 'it was by mistake ; I had orders 
 from the Warden to reject any spoilt meat and return it to the commissary; 
 on several occasions the Warden himself came *to the cut bench and told me 
 to take the entire lot back to the commissary ; when meat was taken back I 
 understand it was weighed back by the commissary, and the books show the 
 amount ; the beef received from St. Louis was better than that received from 
 Sedalia, some of the pieces being whole quarters and less bone ; on several 
 occasions I found damaged meat in the lot received from St. Louis and called 
 the Warden’s attention to it ; on one occasion he ordered me to throw the en- 
 tire lot away ; all of the St. Louis meat was received in sacks ; the Warden’s 
 
67 
 
 order to me was to reject and throw away all spoilt meat — that is, that I 
 should return it to the commissar}^ department ; the sacks referred to were large 
 gunny sacks ; none of this spoilt cut meat was ever served to the convicts on 
 the table ; none w'as ever found in the kettles while being cooked ; about one- 
 half of the cut meat was used as hash, and half as dinner meat ; the hash 
 meat was first put in a kettle and cooked ; the bones were then taken out and 
 the meat cut up fine and made into hash ; the hash was composed of potatoes, 
 bread and meat. 
 
 In the Spring when the potatoes are soured, the hash was sometimes 
 soured ; I mean the potatoes were the cause of the sour hash ; the bread 
 made it be'tter ; the bread was not put in the hash because the cut meat was 
 used ; Capt. Bradbury first heard the complaint of the spoilt meat from the 
 prisoners and reported the fact to me ; this was about the last of April, 
 1881 ; I spoke to Capt. Bradbury about it three or four times before the 
 25th of April, and also spoke to the Warden ; I had general orders from the 
 Warden to reject all spoilt provisions, but about this time I had special 
 orders from the Warden to reject spoilt meat ; the Sedalia meat was received 
 in large whisky barrels, with a wooden top to it ; it generally had ice on it, 
 but sometimes the ice had melted ; the cut meat from Sedalia seemed to be 
 the meat left over from a butcher’s shop, the choice portions of the hind 
 quarters having been taken out, and also the three first ribs of the fore 
 quarters ; this was generally the case, but not always ; I do not remember to 
 have seen more than one shank at a time in one lot of meat, and I watched 
 that thing ; it is difficult to pack this kind of cut meat in close barrels in 
 Summer time, from which the gas cannot escape, from Sedalia to this place, 
 and have it arrive in good order ; the meat that was shipped in the night, 
 and which was received here in the morning, was generally in better condi- 
 tion than that arrived in the afternoon; none of this meat was equal to the 
 meat butchered here ; I do not know what per cent, of the number of pack- 
 ages of this meat shipped from Sedalia, during the months of June, July 
 and August contained small pieces of sour meat ; the meat was some of it 
 sound and some not sound ; I can approximate what portion was sound ; I 
 have seen unsound meat in the barrels, and once in a while on the scales in 
 the commissary department ; I have sometimes discovered this unsound meat 
 on the cut blocks, and have thrown out from 25 to 50 pounds at a time ; I do 
 not remember to have had a consultation with Capt. Bradbury about spoilt 
 cut meat after being put in the kettles, and throwing the whole batch away ; 
 I remember the occasion when the meat in the kettles was all thrown away 
 and salt meat substituted, but my recollection is that the spoilt meat was 
 corned beef and not cut meat ; sometimes the convicts would complain of 
 sour hash when using cut meat; potatoes, onions, bread and bacon was used 
 in making hash, but no bread was used in the Summer months ; after 
 
68 
 
 stripping the meat from the bones to make hash, the bones constituted one- 
 third of the weight ; Peter Willis, the commissary, had better opportunities 
 than I for examining the quality of this meat ; on one occasion the Warden’s 
 attention was called to the spoilt meat ; he became very angry and ordered 
 the meat shipped back to Sedalia, that the parties there might see the condi- 
 tion in which it was received ; after that the beef came better ; on one occa- 
 sion the Warden picked up some shank that cafne from St. Louis and wrapped 
 them in paper and shipped them back to St. Louis ; the objection was that 
 the meat was cut off the shanks ; I have seen some fly blows on the cut meat, 
 but not often ; I did not know that Waddy Thompson had any connection 
 with this cut meat business ; I don’t know that Waddy Thompson has 
 furnished any flour; I don’t know who are the partners in the firm of 
 Gates & Co. 
 
 J. T. LEWIS. 
 
 March 5, 1883. 
 
 James R. Willis, being duly sworn, testifies as follows: I am Warden 
 of the Missouri Penitentiary, and have held that position since 1877 ; as 
 Warden, I have general superintendence of the affairs of the prison ; I have 
 charge of all contracts, purchases, sales, receipts and disbursements of the 
 Penitentiary ; I also have superintendence of the government, the discipline 
 and police regulations ; I have power to appoint the deputy warden, chief 
 clerk, chaplain, matron and all other subordinate officers and employes, all 
 subject to the approval of the Inspectors ; when I came into office, in 1877, 
 I took a list of my officers to the Inspectors and they were approved. 
 
 Mr. Downing: Has the present Board of Inspectors approved your 
 list of appointments? 
 
 Mr. Willis: They did, as the records at the prison will show; it is my 
 duty as Warden to prescribe the articles of food and the quantity and qual- 
 ity of each kind for the convicts; I have done this without the approval of 
 the Inspectors ; I have charge of the buildings, tools, implements, stock, 
 provisions and every other description of property pertaining to the Peniten- 
 tiary, belonging to the State ; I keep accounts of the same ; I buy the pro- 
 visions, the clothing, medicines, forage, fuel and all other necessary sup- 
 plies for the Penitentiary. 
 
 Mr. Downing : Have you made these purchases, contracts, with the 
 consent and approval of the Inspectors? 
 
 Mr. Willis : I have never consulted them about the purchase of any- 
 thing whatever, except the purchase of gross beef and some mules, (8 or 9) ; 
 immediately after the present Board of Inspectors came into office I called 
 on them and asked of them to examine carefully into my sj^stem of manag- 
 ing the prison ; that under the former Board I had been allowed a great deal 
 
69 
 
 of latitude, in fact, a carte blanch ; that my system had been liberal, some say 
 broad gauge ; my enemies call it extravagant ; and that I wanted them to ex- 
 amine carefully into my system, as I desired to run the Penitentiary in ac- 
 cordance with their views ; this I repeated to some of the Inspectors more 
 than once; they told me to go on and manage it just as I had done hereto- 
 fore and when they saw anything to complain of they would notify me of it ; 
 so far as the office is concerned, so far as making purchases, prescribing ar- 
 ticles of food, the money . concerns, the purchase and sale of articles pro- 
 vided for the Penitentiary, or sold on account thereof, I managed it for 
 twenty months — for the year 1881 and up to the last of August, 1882 — en- 
 tirely, without consulting or being consulted by the Inspectors, except in 
 one item for the contract and purchase of gross beef and some mules ; dur- 
 ing those twenty months they never examined my books once and, I think, 
 never opened them ; I think the Inspectors visited the prison about once a 
 month ; it was their custom, but I think they missed one or two months ; they 
 would always go inside and go through the shops, and the dining-room, and 
 the hospital, to see how things were conducted there ; I made a monthly 
 statement to the Inspectors of moneys received, and from what source, and 
 of all disbursements, and to whom paid, and exhibited vouchers for the 
 same ; I bought everything in open market, except the gross beef ; this in- 
 cludes flour, sugar, coffee and all necessary supplies, including $15,000 worth 
 of shoulder meat; the largest purchase at any time was $4,083.75, and these 
 purchases run all the way from this sum down to twenty-five cents ; none of 
 these purchases w^ere ever made by advertisement nor ever let to the lowest 
 bidder under an advertisement ; the principal merchants I have made pur- 
 chases of are as follows : Udell, Schmieding & Co., Nave & McCord, II. 
 L. Fox & Co., L, M. Rumsey & Co., W. P. Howard & Co., Missouri Glass 
 Co., Bridge, Beach & Co., Crow, Hargadine & Co., Norton & Wieder, Graff. 
 Bennett &Co., Geo. K. Hopkins & Co., J. J. Daly & Co., Geo. D. Barnard 
 & Co., Simmons Hardware Co., Goddard, Peck & Co., B. Horton & Co., 
 Elijah Gates & Co., Smith, Beggs & Rankin Machine Co., J. F. Imbs &Co., 
 II. S. Falter Manufacturing Co., Kupferle Bros., J. F. Wangler, Scliulen- 
 burg Lumber Co., N. O. Nelson & Co., A. C. Dunlevy, Laclede Fire-brick 
 Co., Shickle, Harrison & Co., Evans & Howard, all of St. Louis; Nave- 
 McCord Mercantile Co. of St. Joseph; A. L. Ide of Springfield, 111.; II. 
 Martin & Co., Lancaster, Pa. ; S. I. Polk & Co., Chicago ; H. J. Latshaw & 
 Co., Kansas City; Jas. Smith & Co., Philadelphia; JohnT. Craven, Henry & 
 Johnson, G. H. Dulle & Sons, Jefferson City Gas Co.. John W. Gordon, 
 Beckers & Brooks, Steamer Hillman, Scovern & Goldsmith and H. Clay 
 Ewing of Jefferson City. 
 
 Mr. Downing: Will you please state fully how you let your first beef 
 contract after January 1, 1881? 
 
70 
 
 Mr. Willis: I advertised in three newspapers of general circulation in 
 January, 1881, for proposals for furnishing beef for the Missouri Peniten- 
 tiary, as appears from the advertisement annexed to the contract ; the bids 
 were received on February 8, and the contract awarded to John W. Gordon ; 
 
 I had a written contract with John W. Gordon, of which the following is a 
 copy : 
 
 PROPOSALS FOR BEEF. , 
 
 Office' of Missouri Pententiary, ) 
 January 24, 1881. j 
 
 Sealed proposals will be received at this office until noon February 8, 
 1881, for furnishing the Missouri Penitentiary with beef, native steers, cows 
 and heifers, on the hoof, such as is known in this market as butchers’ beef, 
 none to weigh less than 750 pounds gross, to be delivered in quantities to 
 suit the daily demand, until July 1, 1881. 
 
 All beef must net fifty per cent., and be delivered at the Penitentiary. 
 All bids must be accompanied with a certified check for one thousand 
 ($1,000) dollars, as a guarantee that if the award is made, the contract 
 will be entered into with a good and sufficient bond. 
 
 The right is reserved to reject any or all bids. 
 
 (Signed) J. R. WILLIS, Warden. 
 
 Approved : 
 
 (Signed) Phil. E. Chappell, i 
 
 (Signed) John Walker, > Inspectors. 
 
 (Signed) D. H. McIntyre, ) 
 
 This agreement, made and entered into this the 8th day of February, 
 A. D. 1881, by and between John W. Gordon, of the City of Jefferson, Cole 
 county and State of Missouri, party of the first part, and J. R. Willis, War- 
 den, of the Missouri Penitentiary, party of the second part, witnesseth : 
 
 That the said party of the first part, having been awarded the contract 
 for furnishing beef to the Missouri Penitentiary until July 1, 1881, hereby 
 agrees to furnish native steers, cows and heifers, on the hoof, such as is 
 known in this market as butchers’ beef, none to weigh less than 750 pounds 
 gross, to be delivered in quantities to suit the daily demand, until July 1, 
 1881. All beef must net fifty per cent, and be delivered at the Penitentiary. 
 
 The said party of the second part agrees to pay, for every hundred 
 pounds delivered, the sum of three dollars and sixty-two and one-half cents, 
 such payments to be made thirty-two days after the end of the month during 
 which the beef was furnished. 
 
 It is agreed that in case the said party of the first part at any time fails 
 to deliver and furnish a sufficient quantity of beef, as herein required, that 
 
71 
 
 the said party of the second part shall have the right to go into open market 
 and purchase a sufficient quantity to suit the demand ; and the said party of 
 the first part is to be liable for, and hereby agrees to pay, whatever the said 
 party of the second part may be required to pay out for such purchase. 
 
 The delivery of beef under this contract to commence on the first day 
 of January, A. D. 1881. 
 
 In witness whereof we have hereunto set our hands and seals this the 
 eighth day of February, 1881. 
 
 (Signed) JOHN W. JORDON, [l. s.] 
 
 (Signed) J. R. WILLIS, [l. s.] 
 
 Warden Mo. Penitentiary. 
 
 Approved : 
 
 (Signed) Phil. E. Chappell, \ 
 
 (Signed) John Walker, > Inspectors. 
 (Signed) D. H. McIntyre, j 
 
 The following is a copy of the contract and advertisement at the July, 
 1881, letting: 
 
 PROPOSALS FOR BEEF. 
 
 Office of Missouri Penitentiary, ) 
 
 June 14, 1881. ) 
 
 Sealed proposals will be received at this office until noon Jul} 7 1, 1881, 
 for furnishing the Missouri Penitentiary with beef — native steers, cows and 
 heifers — on the hoof, such as is known in this market as butcher’s beef, none 
 to weigh less than 750 pounds gross, to be delivered in quantities to suit the 
 daily demand until July 1, 1882. All beef must net 50 per cent, and be 
 delivered at the Penitentiary. All bids must be accompanied with a certified 
 check for one thousand ($1,000) dollars as a guarantee that if the award is 
 made the contract will be entered into with a good and sufficient bond. 
 
 The right is reserved to reject any or all bids. 
 
 (Signed) J. R. WILLIS, Warden. 
 
 Approved : 
 
 Phil E. Chappell, \ 
 
 John Walker, > Inspectors. 
 
 D. H. McIntyre, j 
 
 This agreement made and entered into this 1st day of July, 1881. By 
 and between John W. Gordon of the City of Jefferson, Cole county and 
 State of Missouri, party of the first part, and J. R. Willis, Warden of the 
 Missouri State Penitentiary, party of the second part, witnesseth. 
 
 That the said party of the first part having been awarded the contract 
 for furnishing beef to the Missouri State Penitentiary until July 1, 1882, 
 hereby agrees to furnish native steers, cows and heifers on the hoof, such as 
 
72 
 
 is known in this market as butcher’s beef, none to weigh less than 750 
 pounds gross, to be delivered in quantities to suit the daily demand until 
 July 1, 1882. All beef must net fifty per cent, and be delivered at the 
 Penitentiary. 
 
 The said party of the second part agrees to pay for every hundred 
 pounds delivered during the months of July, August, September, October, 
 November and December, 1881, the sum of three dollars and fifty cents 
 (S3. 50) and for every hundred pounds delivered during the months of Jan- 
 uary, February, March, April, May and June, 1882, the sum of three dollars 
 and ninety-eight cents ($3.98). Such payments to be made thirty-two (32) 
 days after the end of the month during which the beef was furnished. 
 
 It is agreed that in case the said party of the first part, at any time fails 
 to deliver and furnish a sufficient quantity of beef as herein required, that 
 the said party of the second part shall have the right to go into open market 
 and purchase a sufficient quantity to suit the demand and the said party of 
 the first part is to be liable for, and hereby agrees to pay, whatever excess 
 over this contract price the said party of the second part may be required to 
 pay out for such purchases and also all expenses and costs incidental to the 
 purchasing and delivering of the same that may be incurred by the party of 
 the second part. 
 
 The delivery of beef under this contract to commence on 1st day of 
 July, 1881. 
 
 In witness whereof we have hereunto set our hands and seals this 
 twenty-third day of July, 1881. 
 
 (Signed) JOHN W. GORDON, [l.s.] 
 
 (Signed) J. R. WILLIS, [l.s.] 
 
 Warden Missouri Penitential’}'. 
 
 Approved : 
 
 Inspectors. 
 
 This contract calls for what is known in this market as butcher’s beef, 
 to net 50 per cent., by w'hich is meant or which is arrived at by weighing the 
 beef net and doubling the gross price. 
 
 Mr. Downing: Will }'ou please state fully and particularly whether or 
 not you received, for the use of the Penitentiary, during the years 1881 and 
 1882, any other beef, from any other source, from where and whom? 
 
 Mr. Willis: Newton & Sons had a contract to furnish beef, which run 
 to January 1, 1881 ; during the latter part of 1880 the beef was delivered 
 for them by Gordon ; at the expiration of that contract a verbal agreement 
 was entered into with Gordon to continue to furnish beef until the new con- 
 tract was awarded by advertisement, and that the price to be paid him should 
 
73 
 
 be the same as that to be fixed by the contract afterwards to be made, which 
 award was made about the first part of February ; there was no understand- 
 ing between Gordon and myself that he was to have the contract in Febru- 
 ary, 1881 ; on the 1st of January, 1881, I was receiving cut beef from New- 
 ton & Son ; this arrangement was continued without special arrangement 
 until the letting of the contract in February, 1881 ; the amount of cut beef 
 received at this time, that is in January, 1881, was from 150 to 200 pounds 
 per day ; I had an arrangement with Newton & Son in 1880, who were at'that 
 time the contractors, and who were furnishing beef here and also to the pris- 
 oners at the Montserrat mines, by which they were to furnish cut beef to the 
 prisoners at the mines, enough to supply the daily demand for feeding 175 
 to 350 prisoners, with a reservation on my part to use as much bacon as I 
 might wish ; in July, 1880, Newton & Son ceased to be the contractors to 
 supply the beef at the mines, and asked the privilege of being 
 allowed to supply the cut beef, in the same amount, on their contract at the 
 prison, which was agreed to ; this beef w r as to be furnished at one and a 
 quarter cents a pound less than the net beef which they furnished on foot ; 
 under this agreement the cut beef continued to be furnished up to the let- 
 ting of the contract in Februaiy, 1881 ; Mr. Gordon got the contract in Feb- 
 ruary, 1881; I don’t remember the details of the letting at this time; I 
 agreed with Mr. Gordon that he might continue to put in the cut beef, but 
 don’t remember whether this agreement was made before or after the letting 
 of the contract ; I don’t remember the details of this conversation ; this con- 
 tract expired on the 1st of July, 1881, and the cut beef continued to be re- 
 ceived from Sedalia under this agreement up to that time ; no one was pres- 
 ent during the conversation between Mr. Gordon and myself, when the ar- 
 rangement was made about the cut beef under the contract entered into in 
 February, 1881 ; no one came with Mr. Gordon to me in reference to the cut 
 beef arrangement ; I remember of no conversation with Mr. Gordon except 
 in my office ; 1 had no understanding or arrangement with any other person 
 except Mr. Gordon about the cut beef ; I had a knowledge at the time of this 
 conversation with Gordon that W addy Thompson had been a partner with 
 Newton & Son in their beef contract up to that time ; I did not know at the 
 time the bids were opened in Februaiy, 1881. that there had been any com- 
 bination or understanding between the bidders — Thompson, Gordon and 
 Newton & Son — as to what the bids were to be, or as to who was to put in 
 the lowest bid, or as to what interest, if any, they had in it ; it is possible 
 and probable, but 1 don’t remember that Gordon might have asked me be- 
 fore the letting of the February, 1881, contract whether, in case he got the 
 contract, if the cut beef would be received, provided lie could make an ar- 
 rangement with Newton & Son ; the pext beef contract was made on July 1, 
 1881, and Gordon became the contractor; on the morning of the letting of 
 
74 
 
 the contract Gordon came to me amj stated that Newton did not care to bid, 
 provided he could make an arrangement to continue to put in the cut beef 
 on the same terms as before ; I told him that if his bid was not over 3J cents 
 per pound gross I would recommend its acceptance and would continue to 
 take the cut beef, if he made the arrangement with Newton & Son for it. 
 
 The contract entered into July 1, 1881, was for twelve months; I did 
 not know at the time of the letting of the contract, in July, 1881, of any con- 
 nivance, or collusion between Gordon, Newton and Thompson, except as 
 I stated above ; that is, that Gordon should have the privilege of making an 
 arrangement with Newton to furnish the cut beef, if he (Gordon), got the 
 contract at 3J cents or thereabouts ; when the bids were opened, there were 
 found to be three bids, one by Gordon, one by Newton & Son, and one by 
 Waddy Thompson; Gordon was the lowest, and was at $3.74 gross for 100 
 pounds ; I declined to make the award, believing the bids to be too high, but 
 referred the matter to the Inspectors ; they took the matter under advisement ; 
 in a day or two they advised me by letter that they had accepted Mr. Gor- 
 don’s bid, and instructed me to enter into a contract with him ; I then stated 
 to the Inspectors that I thought I could make a better arrangement with Mr. 
 Gordon than that, and then consented that I should do so ; I then made a 
 contract with him to furnish the beef the first six months at $3.50, and the 
 next six months at $3.98-100 ; in that agreement I was to have the privilege 
 of putting in as much salt pork on the last six months as I thought best for 
 the interest of the State ; and in that arrangement I consented that he might 
 put in from 150 to 200 pounds of cut beef per day, at one cent less per 
 pound than contract price when reduced to net beef ; the cut beef continued 
 to be received under this contract, from Sedalia, up to about the 10th of 
 September, 1881 ; none was received after that time from Sedalia; I stopped 
 it at that time because it did not come up to the quality agreed upon ; I also 
 had a conversation with Mr. Chappell, one of the Inspectors, about this time ; 
 he protested, and asked me not to receive any more of this beef ; this, also, 
 had its influence with me in stopping the receipt of this cut beef ; none w'as 
 received from about that time ; while this conversation had its influence on 
 me, I had made up my mind to stop the receipt of this beef before ; my 
 agreement all the time that cut beef was received was that it should be either 
 wholes or halves of fore quarters, or in quality, if less, equal to fore quarters ; 
 this meat came in barrels about like whisky barrels ; the contract required 
 beef to arrive on the noon train by express ; some of this beef came in bad 
 condition ; this was rejected and thrown away ; the meat in the Winter, Fall 
 and Spring months usually came in good condition ; in warm weather some of 
 it came in damaged condition ; I gave orders to the commissary and cook 
 if any meat come in damaged condition not to receive it ; I don’t know 
 whether any of it was returned by the cook to the commissary and weighed 
 
back or not ; the amount of net meat, including beef and pork, per month, 
 required to supply the prison, is about 42,000 pounds ; of this amount there 
 is required of net beef about 36,250 pounds; about the first of November, 
 
 1881, I began to receive cut beef from St. Louis, and continued to receive 
 from there from 150 to 200 pounds a day till the last of December, 1881 ; no 
 cut beef has been received at the prison since that date, excepting occasionally 
 a few hundred pounds from the butchers in this city to make up a ration ; 
 one month — in December, 1881 — it ran a little over 200 pounds a day; if 
 came daily, except when trains were delayed ; in that case a double quantity 
 came. 
 
 The beef from St. Louis was furnished by,Gates & Co. ; about the 10th 
 of September I notified Gordon that no more cut beef would be received un- 
 der his contract ; the first I knew of the beef coming from St. Louis, it had 
 arrived at the depot ; on enquiry at the depot, I found the meat c£hne from * 
 Gates & Co., St. Louis; in conversation witu Col. Gates, I learned that 
 Waddy Thompson claimed the right to put in net beef amounting to about' 
 200 pounds a day under Gordon’s contract, under an agreement between 
 Gordon and himself, and that Thompson had turned the contract over to 
 him, Gates, to fill, stating that he had entered into a contract with a butcher 
 in St. Louis to supply it for two months, and insisted that I should give it a 
 trial, as it would be some loss to him if he did not carry out his contrat ; at 
 his (Col. Gates’) earnest solicitation, I consented to give it a trial; the time 
 for which I had agreed with Col. Gates having expired, no more cut beef 
 was received after that date ; after this time, that is, the first of January, 
 
 1882, Col. Gates proposed to make with me a new contract to furnish me 
 with cut beef, but I declined to do so, having determined in my own mind 
 that I would not continue it, as it was an imposition on the State to do so ; I 
 paid Col. Gates for the St. Louis meat the same price as was paid for the 
 Sedalia meat ; the total amount of beef received from St. Louis was, as shown 
 by my books, between 12,000 and 14,000 pounds; the months of November 
 and December being warm, the meat sometimes came in bad order, and was 
 rejected; owing to delay of train, about 700 pounds of spoilt meat came at 
 one time, and was thrown away ; on one occasion I sent back to Col. Gates a 
 shoulder bone with not much meat on it, my object being to show him the 
 meat was not of the quality agreed upon ; I had no written contract with 
 Newton & Sons at the time they furnished cut beef ; it was not included in 
 any advertisement for beef; I did not take a bond from Newton & Sons; I 
 did not make known to the Inspectors, at the time of making the February, 
 1881, contract, that I had agreed with Gordon to accept cut meat, nor did I 
 make it known in July, 1881, when the contract was let; I report the beef 
 account once a month to the Inspectors ; I have reported to this board twen- 
 ty-four months ; I have not alluded to the cut beef in any of these reports ; I 
 
had a talk with Mr. Gordon the morning of the day the contract was let, in 
 July, 1881, in which I stated that I would recommend the approval of a bid 
 of 3J cents or thereabouts ; I had no coversation with Waddy Thompson as 
 to what price the contract was likly to be awarded, nor with Newton ; 
 Thompson did not ask me any questions about the cut meat, nor did Newton 
 & Sons, that I recollect of ; when I found Gordon’s bid was 3.74 I expressed 
 dissatisfaction to the bidders ; the conditions on which I agreed with Gordon 
 to take the cut meat, the price being $3.50, were not met; this letting in 
 July, 1881, was the year of the drougth ; beef was higher at that time than 
 it was a year before, on account of the drougth ; the reason that I had the 
 conversation with Gordon abotit the cut beef, and not the others, was because 
 the others did not speak to me; the last contract, let July 1, 1882, was at 
 $3.80 per 100 pounds gross; this met my approval, for the reason that I 
 thought all kinds of meat were higher this year than last ; my impression 
 is that Gordon, Newton & Thompson were present at the letting of the beef 
 contract in February, 1881 ; I don’t think I had any conversation with 
 Gordon at this time, as to the price the contract would likely be approved 
 at; I don’t remember to have had any conversation on that day with Gordon 
 as to the letting of the contract ; I have no recollection of the incidents and 
 conversations of the letting with the bidders ; my impression is that I sent 
 for the Inspectors to come to the prison to be present at the opening of the 
 bids, and they sent me word they could not come, but to send the bids to 
 the Capitol and the} 7 would open them in the afternoon ; that I sent them 
 jnp by Ralph, and they were opened by the Inspectors. 
 
 I think I entered into a written contract with Gordon ; the contract did 
 not make any allusion to cut meat; Thompson’s name does not appear on 
 Gordon’s bond at any time ; I have known Thompson eight or nine years ; I 
 have had frequent business relations w r ith him ; he was at one time one of the 
 lessees, and at that time I was one of the employes of the lessees, and as 
 such I had frequent dealings with him ; I never told Thompson that Gordon 
 was complaining of having struck a hard bargain in having to pay him, 
 (Thompson), $50 a month bonus; I never knew that Gordon paid Thompson 
 $50 a month, or had agreed to pay him, or what interest he, (Thompson), 
 had in the contract, until after Gordon had settled in full with Thompson, 
 wdien Gordon then told me about it ; Gordon told me then that he had paid 
 Thompson $500 or $600 in all ; Newton & Son had the contract to furnish beef 
 on foot the time previous to February 1, 1881 ; that contract had no allusion 
 to cut meat ; I gave special orders to the employes to reject ail damaged 
 meat; I don’t think I ever saw the meat while in the barrels ; I have seen the 
 damaged meat while on the scales in the commissary department ; I think I 
 once saw damaged meat on the cutting block ; I dont think my attention was 
 ever called to damaged meat in the kettles ; my attention w r as never called to 
 
77 
 
 any complaint on the part of the prisoners ; I do my official business with the 
 Exchange Bank ; I do not own any stock in the bank ; Mr. Udell, of St. Louis, 
 is president of the Excelsior Broom Company ; Schmieding or Deems is Sec- 
 retary ; I have never had any personal beneficial interest in the cut meat furnish- 
 ed from Sedalia or St Louis, nor m any contract to furnish either net or gross 
 beef, nor have I any promise or expectation of receiving any such benefit 
 from the sources mentioned, either in mypresent office or after I go out of the 
 same ; I had no written contract or any othe^ contract with Newton & Son or 
 Gates & Co. for cut beef ; all the beef received was credited to Gordon and he 
 drew the money for all of it; the entries as they stand on the book are “John 
 W. Gordon, by Newton & Son,” or “John W. Gordon, by Gates & Co.” ; the 
 total amount of cut beef furnished by Newton & Son and Gates & Co., was 
 57,709 pounds ; the total value was $3,462.54. 
 
 Mr. Downing : You state above that by dividing the contract with Gor- 
 don you saved money to the State ; please explain fully how this was done? 
 
 Mr. Willis : I save money to the State : First — In not having to pay 
 out so large an amount of money on the first six months of the year. Second — 
 By reserving the right to use all the salt pork that I might desire ; a ration of 
 pork is two-thirds the amount required for a ration of beef ; the amount of 
 purchases of pork shoulder meat made by me were as follows : 
 
 January 7, 
 
 1881. 
 
 , 25,000 pounds at 4c 
 
 $1,000 00 
 
 March 17, 
 
 1881 
 
 , 25,000 pounds at $4.70 
 
 1,175 00 
 
 June 13, 
 
 1881 
 
 , 3,600 pounds at $5.85 
 
 216 77 
 
 July 6. 
 
 1881 
 
 , 21,000 pounds at $5.75 
 
 1,207 50 
 
 Sept. 24, 
 
 1881 
 
 , 20,000 pounds at $7.55 
 
 1,510 00 
 
 Total . . . 
 
 
 . 94,600 
 
 $5,10tl 27 
 
 
 
 in 1882. 
 
 January 30, 
 
 67,1 
 
 >00 pounds at $5.90 
 
 $3,982 50 
 
 Nov- 3, 736 pounds at $9.25 
 
 Total... 68,236 
 
 r 0 28 
 
 $4,052 78 
 
 In the first half of 1881 I used 53,600 pounds of bacon, at an average 
 price of $4.60, making $2,466 ; it would have taken 80,400 pounds of beef, 
 contract price $7.25, to have supplied the place of this pork, making $5,829 ; 
 saving to the State by using bacon $4,363 ; in the second half of 1881 I 
 used 31,000 pounds of bacon , average price $3.78, making $2,779 ; it would 
 have taken 61,500 pounds of beef, contract price 7 cents, making $4,305 ; 
 
78 
 
 saving to the State, $1,526; in the first half of 1882 I used 67,500 pounds 
 of bacon, average price $6.05, making $4,083.75 ; it would have taken 101,- 
 250 pounds of beef, contract price $7.96, making $8,059.50; saving to the 
 State, $3,975.75 ; total saving to the State for eighteen months, $8,864.75; 
 these purchases, with the exception of the last, were made without the knowl- 
 edge and consent of the Inspectors, and without advertising for the contract. 
 
 Mr. Downing: Was you ever directly or indirectly personally inter- 
 ested in any of the contracts or purchases above enumerated? 
 
 Mr. Willis : I was not. 
 
 Mr. Downing: Have you, within the last two years, sold or given to 
 any of the officers or employes of the prison any fuel, forage or provisions, 
 or suffered the same to be done? 
 
 Mr. Willis: I have done so in a few instances, but I think only in cases 
 of emergency ; I think I have sold or allowed to be sold to employes of the 
 Penitentiary probably less than $100 worth of fuel, when the weather was 
 extreme and it was impossible to get it elsewhere ; I don’t think I have sold 
 any forage or provisions, and it has not been done or permitted with my 
 knowledge or consent ; the sales of wood were to different parties employed 
 in the penitentiary ; I have not sold or given away to employes in the Peni- 
 tentiary any manufactured articles, or permitted the same to be done ; I 
 think I have sold both fuel and forage to parties not employed in the prison ; 
 I couldn’t well say to what extent, but it has not exceeded $1,000, and I 
 think very likely it has not exceeded $500 in two years ; I am sure it has not 
 exceeded $1,000; the principal part of this business has been with the con- 
 tractors of the prison, and the sales have been at cost price ; these sales have 
 not been made as a matter of profit, but merely as a matter of accommoda- 
 tion between the prison and the contractors. 
 
 Mr. Downing : Who has had charge of the Penitentiary stables for the 
 last two years ? 
 
 Mr. Willis : Jesse Tolin for the most of the time ; he is wagon-master 
 and looks after the stock, delivers all brick, forage, fuel and everything that 
 we sell ; receives all goods, either merchandise, fuel or forage ; he also at- 
 tends to the Penitentiarj 7 stables — keeps the stock ; I think he keeps books, 
 in which are entered accounts of fuel, forage, etc. 
 
 Mr. Downing : Have you ever examined those books ? 
 
 Mr. Willis : I don’t think I ever have ; I have seen them and looked 
 into them probably but have never examined them ; the only information I 
 have of the disposition of the fuel, forage, etc., is from his reports, which 
 are made every month to the office. 
 
 Mr. Downing : Do you know how many horses have been kept at the 
 State stables within the last two years, other than those belonging to 
 the State? 
 
79 
 
 Mr. Willis : Capt. Tocld had a contract for keeping one horse as part 
 of his salary, and he has kept one most of the time, part of the time two ; I 
 think the time he kept two was about equal to the time he kept none ; in the 
 spring of 1882 I allowed Capt. Totld the use of the old stables, known as 
 the cow stables, to put some horses in for two or three weeks, while he was 
 preparing them to ship to market : I don’t know how many he kept there, 
 but I suppose it was from eight to twelve ; these were not kept at the ex- 
 pense of the State, nor any part of them ; he bought his own feed and hired 
 his own groom to take care of them. 
 
 Mr. Downing : State whether or not you have examined the books of 
 the stable keeper to see whether these horses of Capt. Todd were kept at 
 the expense of the State or not? 
 
 Mr. Willis : I have not examined them for that purpose. 
 
 (The stable book is here handed to the witness.) 
 
 Mr. Downing : State wether or not the book shows that six horses were 
 kept there from May 8th to May 20th, 1882, by Capt. Todd? 
 
 Mr. Willis: Yes; the books also show the keeping of nine horse of 
 Capt. Todd’s from May 1st to 4tli ; also eight horses from the 4th to the 
 8th; also two from the 20th to the 31st; the books show that the keeper 
 of the Penitentiary stables had more than two horses of Capt. Todd’s from 
 April 18th to May 31st ; during the latter part of April I told Capt. Todd 
 he could have the use of the cow T stable to get some horses in shape for 
 the market, he to buy his own feed and hire his own groom ; about this 
 time I left the city, and was gone about three weeks ; I think the horses 
 were gone when I returned; I know, of my personal knowledge, that 
 Capt. Todd paid the bills for the feed of those horses. 
 
 Mr. Downing: How many horses did Capt. Todd have at the State 
 stable at the expense of the State on the 6th day of May, 1882 ? 
 
 Mr. Willis: Two. 
 
 (Witness is handed the stable keeper’s books.) 
 
 Mr. Downing: See how many horses, as appears from the books, were 
 kept there on the 6th of May? 
 
 Mr. Willis : Eight ; the only explanation I can give is that these horses 
 were kept on the premises, and Mr. Tolin thought they were kept at the 
 expense of the State, when in reality they were not. 
 
 Mr. Downing : Did Mr. Tolin keep a horse there ? 
 
 Mr. Willis : Yes, sir ; Mr. Tuttle had one horse there at one time ; 
 so did Dr. Winston, John Ruthven, Peter M. Willis, John Gates, Capt. 
 Bradbury, Gov. Crittenden and Col. Gates ; Col. Gates kept one there for 
 over three months ; I kept two horses regularly, and sometimes three ; my 
 horses, the horse blonging to P. M. Willis and the one belonging to Jesse 
 Tolin were not charged for; all the others were, except Todd’s; the others 
 
80 
 
 were kept at $10 a month, except when in pusture, when, I think, the charge 
 was $5 ; prior to the 6th of May, 1882, the Inspectors never made any in- 
 quiry with regard to the number of horses kept there at the expense of the 
 State ; these horse were removed from the Penitentiary stables by order of 
 the Board o" Inspectors ; the horse kept by Mr. Tolin was kept for his use 
 as wagon master, and the one kept by P. M. Willis was kept for his use in 
 the commissary department ; it has been the custom for each of these depart- 
 ments to have a horse for ten years ; the one kept there by Gov. Crittenden 
 was sick and brought there for medical treatment, because w r e had a veteri- 
 nary surgeon ; the other horses that were kept for pay were not kept as a 
 source of profit to the prison, but for the accommodation of the employes ; 
 those kept by myself were used in doing State work, and when not so in use, 
 were used by myself and family. 
 
 Mr. McGrath: Did you appoint Tolin to take charge of the stable? 
 
 Mr. Willis : I did. 
 
 Mr. McGrath : Did you require him to keep a record of what he did ? 
 
 Mr. Willis : While there has been no special demand on him, it has al- 
 ways been required of a man in that department. 
 
 Mr. McGrath : How did he take those things that I see charged here ; 
 was it by order from the office ? 
 
 Mr. Willis : It is done either by a special or general order. 
 
 Mr. Downing: What has been the custom with regard to prisoners 
 working at the mansion? 
 
 Mr. Wiffis : It has always been the custom for the mansion to be sup- 
 plied with prisoners to keep the grounds in order, pump water, run the fur- 
 naces, house-cleaning and any work of that character that may be required ; 
 this has been the custom ever since I came here, w T hich was ten years ago. 
 
 Mr. Downing : Have any United States prisoners been removed from 
 the Penitentiary, and if so, why? 
 
 M. Willis : There has been one United States prisoner removed from 
 this prison to the prison at Chester, 111. ; he was sent from the District of 
 Kansas ; as to the reasons for his removal, I beg to refer you to the corres- 
 pondence between the United States authorities and myself on the subject, 
 which I herewith submit : 
 
 *■ COPY OF CORRESPONDENCE 
 
 Between Department of Justice of United States and J. R. Willis, Warden 
 
 Missouri State Penitentiary: 
 
 Department of Justice, ) 
 
 Washington, April 30, 1882. j 
 
 J. R. Willis, Esq., Warden Missouri Penitentiary , Jefferson City , Mo. : 
 
 Sir: Will you please send me a list of United States prisoners now in 
 
81 
 
 your penitentiary, who have been punished, with a statement of the offense 
 and mode of punishment, and oblige 
 
 Very respectfully, 
 
 (Signed) WILL. HAIGHT. 
 
 P. S. — I desire this to accompany my report of the examination of 
 United States prisoners confined in the Missouri Penitentiary. 
 
 Missouri State Penitentiary, i 
 Jefferson City, Mo., May 4, 1882. f 
 
 Will. Haight, Esq., Department of Justice , Washington , D. C. : 
 
 Sir: In compliance with your request of 30th ult., I hand you below 
 list of punishments inflicted on United States prisoners now in my charge : 
 
 January 15, 1880 — Nicholas Provencir, using threatening language to 
 foreman, seventeen stripes. 
 
 October 1, 1880 — M. E. Rodgers, fastidiousness in dining room, wiping 
 knife, etc., three stripes. 
 
 Punishment is inflicted with a lash. 
 
 Respectfully, etc., 
 
 (Signed) J. R. WILLIS, 
 
 Warden. 
 
 Department of Justice, . ) 
 Washington, May 4, 1882. j 
 
 J. R. Willis, Esq., Warden Missouri Penitentiary , Jefferson City , Mo.: 
 
 Sir : Referring to the conversation Mr. Haight, of this Department, 
 had with your representative upon his recent visit to your institution relative 
 to keeping U. S. prisoners upon the same terms as are now made with the 
 principal *penitentiaries of the country — that is, to feed, clothe, guard, 
 furnish medical attention, and upon their discharge to transport the priso- 
 ners to the points from which they were convicted, free of all expense to the 
 Government, I beg leave to inquire as to your decision in the matter, before 
 action is taken in the premises. 
 
 (Signed), Very respecfully, 
 
 BREWSTER CAMERON, 
 General Agent. 
 
 Missouri State Penitentiary, ) 
 Jefferson City, May 29, 1882. j 
 
 Brewster Cameron, Esq., Department of Justice, Washington , D. C. : 
 
 Sir : In reply to your letter of the 4th inst., in regard to keeping U. S. 
 prisoners, I beg to inform you that I am willing to accept the terms stated 
 
 c r p — 6 
 
82 
 
 by you for all prisoners sentenced in the future by the United States Courts in 
 this State, but not for those from other States and Territories, having now a 
 large number of State prisoners confined here, which number is constantly 
 increasing. m 
 
 Would say that action on your letter has been delayed, owing to 
 absence of Board of Inspectors, to whom the matter was referred. 
 
 Please advise me concerning acceptance or rejection of my terms, that I 
 may govern myself accordingly. 
 
 (Signed), Very respectfully, 
 
 J. R. WILLIS, 
 
 Warden. 
 
 Missouri State Penitentiary, ) 
 Jefferson City, June 14, 1882. j 
 
 Brewster Cameron, Esq. , Department of Justice, Washington , D. C. : 
 
 Sir : Your Mr. Haight was here on yesterday, and after consultation 
 with him, am willing to modify my proposal of May 29, 1882; about keeping 
 U. S. prisoners. 
 
 On and after July 1st next, I will keep all the United States prisoners 
 now undergoing sentence in this prison, or that may be hereafter sentenced 
 by the Federal Courts in this State, on the terms asked in your letter of May 
 4th, namely: “To feed, clothe, guard, furnish medical attention, and upon 
 their discharge to transport the prisoners to the points from which they were 
 convicted free of all expenses to the Government,” and will keep those now 
 here, and that may be hereafter sent from New Mexico, on same terms, ex- 
 cepting transporting them to the points from which they were convicted. 
 
 This I cannot do, for the reason that the labor w'ould in some instances, 
 not more than pay for transportation. 
 
 (Signed), Awaiting your reply, 
 
 I am, etc., 
 
 J. R. WILLIS, 
 Warden. 
 
 P. S. Am anxious to keep all Missouri prisoners, having some State 
 pride in the matter. 
 
 Department of Justice, ) 
 Washington, July 8, 1882. j 
 
 J. R. Willis, Esq., Warden Missouri State Penitentiary , Jefferson City , Mo. : 
 
 Sir : Your letter of the 14th of June last has been received, in which 
 you propose to keep “on and after the 1st of July next (1882) all the 
 United States prisoners now undergoing sentence in your prison, or that may 
 hereafter be sentenced by the Federal courts in your State, on the terms 
 
83 
 
 asked in my letter of May 4tb, viz: To feed, clothe, guard, furnish medi- 
 cal attendance and, upon their discharge, to transport the prisoners to the 
 points from which they w*ere convicted free of all expense to the Govern- 
 ment ; and to keep those now confined in your penitentiary and that ma} T be 
 hereafter sent there from New Mexico, on the same terms, excepting trans- 
 porting them to the points from which they were convicted.” 
 
 A prompt answer to your letter was prevented by the absence of Special 
 Agents Haight and Stanton. After conference with them, it has been de- 
 termined to accept your proposition as soon as the penitentiary at Chester 
 can be induced to make a written statement that they do not longer care to 
 receive prisoners from Missouri, which I hope to receive in the course of 
 several months. I am sure this arrangement can be made by giving them 
 other convenient territory. 
 
 The Penitentiary at Chester, instead of furnishing free transportation to 
 United States prisoners from the Territory of New Mexico, advances ten 
 dollars in cash, the amount paid State prisoners, to be used in part payment 
 of transportation to their respective homes, said transportation being fur- 
 nished by the United States, with the exception of the ten dollars before re- 
 ferred to, advanced by the prison authorities. 
 
 It is understood that your proposition to transport the prisoners to the 
 points from which they were convicted is meant to furnish them free trans- 
 portation to their actual homes, at smy point within the State of Missouri. 
 During the term of confinement of any prisoner it will not be a difficult mat- 
 ter to ascertain his actual residence, so that you will not be imposed upon in 
 this matter. 
 
 Your account, amounting to 8465.50, for the keeping of prisoners for 
 the quarter ending June 30, 1882, has been approved and will be paid. It 
 is understood that no further accounts will be rendered by your institution 
 for the keeping of prisoners now confined in your penitentiary, provided the 
 Department immediately takes steps to have your territory designated as the 
 place of confinement for all prisoners of the United States convicted in the 
 State of Missouri. If this is your understanding of the matter, I will at 
 once enter into correspondence with the prison authorities at Chester, 111., 
 with reference to the change. 
 
 Are you aware of the fact that the Department is opposed to the flog- 
 ging of United States prisoners under any circumstances ? 
 
 Your early reply is desired. 
 
 Very respectful^, 
 
 (Signed) BREWSTER CAMERON, 
 
 General Agent. 
 
84 
 
 Missouri State Penitentiary, ) 
 Jefferson City, August 7, 1882. j 
 
 Bbewster Cameron, Esq., Gen. Ageyit Department Justice, Washington , D. C. 
 
 Sir : Your letter of July 8th was received in clue course, but 1 had not, 
 until this date, observed that it required any answer, hence the delay. 
 
 In order to meet your views, I will amend my terms of June 14th last, 
 as to transportation of Missouri Federal prisoners, so as to read, “Free 
 transportation to the county in which the offense was committed, and that in 
 addition to actual transportation, sufficient be added to pay forgiving en route, 
 the same as is granted by law to State prisoners.” 
 
 I understood your Mr. Haight to say that I should render an account 
 quarterly for the suit of clothes, value $15.00, furnished each prisoner on his 
 discharge, and $15.00 in cash as allowed by law, which account you would 
 allow as heretofore. 
 
 If this covers all the points of difference between us, please advise me 
 and oblige, . Respectfully, 
 
 (Signed), J. R. WILLIS, 
 
 Warden. 
 
 Department of Justice, ) 
 Washington, Aug. 7th, ’82. 1 
 
 J. R. Willis, Esq., Warden Mo. State Penitentiary , Jefferson City , Mo. : 
 
 Sir : The Attorney-General has this day ordered the transfer of M. E. 
 Rodgers. Rodgers’ transfer was requested by himself and his friends. His 
 transfer was recommended by Special Agents Haight and Stanton, who 
 visited your institution recently. One of the things that moved to this order 
 was the fact that Rodgers had been whipped. The Attorney-General objects 
 to United States prisoners being confined in penitentiaries where prisoners 
 are whipped, and it is hoped that when the order is changed, designating 
 your peninitentiary to receive the prisoners from Missouri, that you will 
 provide some other kind of punishment for United States prisoners. 
 
 No reply has been received to Department letter to you of July 8th. 
 
 Very respecfully, 
 
 (Signed), BREWSTER CAMERON, 
 
 General Agent. 
 
 Department of Justice, ) 
 Washington, Aug. 9th, 1882. ( 
 
 J. R. Willis, Esq., Warden State Penitentiary , Jefferson City , Mo. : 
 
 Sir : Your letter of the 7th instant has been received. You are per 
 fectly correct in your understanding of Mr, Haight’s statement, that the Gov 
 
85 
 
 ernment would pay you quarterly foi the clothes and cash furnished to 
 prisoners. 
 
 Your proposition,* as it now stands, will be accepted at as early a date as 
 possible, as stated in a letter of July 8th. 
 
 Very respectfully, 
 
 (Signed), BREWSTER CAMERON, 
 
 General Agent. 
 
 Department of Justice, ) 
 Washington, Aug. 14th, ’82. ) 
 
 J. R. Willis, Esq., Warden Mo. State Penitentiary , Jefferson City , Mo.: 
 
 Sir: My attention has been called to an article in the St. Louis “Post- 
 Dispatch” relative to the treatment and transfer of one M. E. Rodgers from 
 your penitentiary to the penitentiary at Chester, Illinois. While this trans- 
 fer was made because Rodgers was whipped while in your custody — a prac- 
 tice which the Department will not tolerate — I deeply regret the publication 
 of this interview with Rodgers, because of its injustice to you, and because 
 you have already done everything in your power to satisfy the Department 
 and improve the condition of United States prisoners. 
 
 Very respectfully, 
 
 (Signed), BREWSTER CAMERON, 
 
 General Agent. 
 
 I know of no other cause except what is stated in the letter. 
 
 Mr. Britts : Will you state, if you know, what is the cost per capita for 
 sustaining the convicts for the last two years in the Missouri Penitentiary, 
 and how it compares with other institutions of the kind? 
 
 Mr. Willis: It has cost 33 2-15 cents per day; this includes food, 
 clothing, fuel, lights, medicine, the pay of officers and every other expense 
 connected with the prison; for the year 1882, the expense in the varous 
 States has been as follows : 
 
 Maryland 
 
 Vermont. 
 
 New Jersey... 
 Wisconsin .... 
 
 Kansas 
 
 Joliet, Illinois 
 
 Indiana 
 
 Connecticut . . . 
 West Virginia. 
 
 33 1-2 Cents. 
 44 1-2 “ 
 
 42 8-10 ‘ 4 
 
 39 1-2 “ 
 
 42 1-2 
 
 38 1-4 “ 
 
 37 2-3 4 4 
 
 40 4-10 4 4 
 
 43 1-2 
 
86 
 
 For 1882, the expenses in the various States have been as follows: 
 
 Massachusetts 
 
 New York 
 
 Iowa 
 
 California 
 
 40 2-3 Cents- 
 39 9-15 “ 
 
 51 9-20 ‘ ‘ 
 
 32 1-2 “ 
 
 March 1, 1883. 
 
 J. R. WILLIS, 
 
 Missouri State Penitentiary, Warden’s Office, ^ 
 
 City of Jefferson, Mo., May 22, 1882. ) 
 
 Mr. John Walker, Secretary Board of Inspectors: 
 
 Dear Sir : Your letter of the 6th inst. , relative to the number of horses 
 kept at the State stable other than those belonging to the State was duly re- 
 ceived, and answer delayed on account of my absence from the city. 
 
 I have kept two horses regularly since my first appointment as Warden, 
 and for the past three weeks have had three ; Mr. P. M. Willis, Commissary, 
 has one; Dr. W. B. Winston, Physician, one, until the past month; Capt. 
 Todd, one ; since then he has had two ; Capt. Bradbury, Deputy Warden, 
 one, until the 18th inst., when it was taken away; Col. Gates has one, and 
 Gov. Crittenden has had one kept for medical treatment since the 23d of 
 February. Very truly, 
 
 J. R. WILLIS, Warden. 
 
 P. S. — For about one month Capt. Todd has had the use of the old cow 
 stables to keep several horses purchased for the market, furnishing his own 
 feed and help. W. 
 
 Missouri State Penitentiary, Warden’s Office, ) 
 
 City of Jefferson, Mo.. October 6, 1882. j 
 
 Honorable Board of Inspectors Missouri State Penitentiary : 
 
 Gentlemen: In answer to your inquiry of recent date, whether the 
 horses refered to in my report to you under date of May 22 last, as being 
 kept at the State stable, “were fed free, or was charge made for keeping,” 
 I beg to state that I have never charged myself with the keep of the horses 
 I have had at the State stable, they being used in the service and benefit of 
 the State. 
 
 No charge was made for keeping Mr. P. M. Willis’, the Commissary, 
 horse, as he is used in transacting the business of his department. 
 
87 
 
 W. M. Todd, under an order of the Board of Inspectors of May 2, 
 1881, was allowed board for one horse as part of his salary, but for a length 
 of time did not keep any. In May, 1882, he had two at the State stables for 
 which no charge was made, as the time during which he had no horse ex- 
 ceeded the period he kept an extra one. 
 
 Charge was made for all other horses referred to in my report of May 
 22, 1882, at the rate of ten dollars per month. 
 
 I am respectfully, etc., 
 
 J. R. WILLIS, Warden. 
 
 W. H. Bradbury, being duly sworn, testifies as follows : I am Deputy 
 Warden of the Penitentiary and have been for twelve years; altogether, I 
 have been there about twenty-five years ; I see from the evidence shown here 
 that I was before the Board of Inspectors September 28, 1882, and gave my 
 testimony under oath; I have examined that testimony to-day, (marked “Ex- 
 hibit C ”) and adopt it as my testimony now, except possibly that I under- 
 estimated the value of the cut meat in my testimony before the Board ; the 
 punishment inflicted the last two years in the penitentiary has been less se- 
 vere than any previous years since I have been connected with the Peniten- 
 tiary ; no more punishment is inflicted than I consider absolutely necessary 
 to maintain discipline ; the officers who have charge of the different depart- 
 ments have the rules and regulations of the prison before them all the time, 
 with instructions to report any violation of them to me in the evening in 
 writing ; I then bring the prisoners before me and examine them after supper, 
 and determine the manner of punishment ; on some occasions I assign them 
 to the dungeons during the night; in extreme cases I apply the lash or cow- 
 hide : I do the whipping myself and in no instance is a subordinate officer 
 allowed to inflict any punishment ; according to the experience that I have 
 had and the knowledge I have gained from visiting other penal institutions, 
 I consider the use of the lash, as under our system, not only more humane, 
 but equally as effective as any of the other systems of punishment in vogue 
 in other penitentiaries ; in the female department the mode of punishment is 
 confinement in the dungeon, with a diet of bread and water ; the females 
 have been whipped for several years ; I have never heard of any immoral 
 practices between the officers or employes and the female convicts within the 
 last two years ; such might be carried on without my knowledge ; the matron, 
 Mrs. Sanford, has immediate charge of the females ; there could be no im- 
 moral practices carried on inside the prison without her knowledge ; the War- 
 den appoints the matron, and she is subject to removal at his pleasure, as are 
 all the officers except the physician ; there is no approach from the male to 
 the female department, a solid wall separating them ; the only means of ac- 
 cess is the front entrance, through the matron’s office, except the large wagon 
 
88 
 
 gate, which is always kept locked and the key in the office ; it has been four 
 years since the lash was applied to females, with the exception of one case 
 about two years ago, when I think I whipped a negro woman ; the nature of 
 offences which require either the lash or solitary confinement are numerous ; 
 one example is the refusal of conricts to do the work appointed. 
 
 We had one United States prisoner removed some time since, within 
 these two years ; he entered a complaint to the United States Marshal in re- 
 gard to his treatment in our Penitentiary and was removed ; the Marshal vis- 
 ited the prison and examined all the United States prisoners prior to the re- 
 moval, but examined no officers ; his examination was made secretly ; he 
 never told me that the statement of the prisoner was corroborated by the 
 others examined ; I don’t know whether he told the Warden or not ; the pris- 
 oner complained of being whipped ; said he was compelled to eat out of dirty 
 dishes with a dirty spoon and knife, and that because he complained about 
 that he was punished with a rawhide. 
 
 Mr. McGrath : Was he punished ? 
 
 Mr. Bradbury : He was. 
 
 Mr. McGrath : For what was he punished ? 
 
 Mr. Bradbury: For being very insolent and insulting to the officers. 
 
 Mr. McGrath: Is it the duty of the United States Marshal resident here 
 to visit the prison and look after the prisoners ? 
 
 Mr. Bradbury : I believe it is, sir. 
 
 Mr. McGrath: How many United States prisoners are in the Peni- 
 tentiary ? 
 
 Mr. Bradbury: Not more than twelve or thirteen. 
 
 Mr. McGrath : How did the Marshal learn of this business ? 
 
 Mr. Bradbury : The prisoner wrote him a letter. 
 
 Mr. JVIcGrath : I thought the letters were always examined ? 
 
 Mr. Bradbury : They are and this letter was examined but passed ; we 
 never refuse to let letters go to the Marshal or Inspectors, no matter what 
 they contain. 
 
 Mr. McGrath : What do you know of tbe case reported in the papers 
 recently of a man being forced out of his cell with red hot irons ? 
 
 Mr. Bradbury : His name was Stanton and he was from St. Louis ; I 
 think it was shortly after the Christmas holiday, two years ago ; I learned 
 that there was a conspiracy formed to. break out of the prison, this man 
 Stanton being one of the conspirators ; with several others, some 10 or 15 
 in number ; I ordered them all locked up during that day for the purpose of 
 having an examination ; some of my officers reported to me that Stanton had 
 a knife and refused to give it up ; I visited his cell myself and found him 
 with a knife ; he refused to give it to me too ; I found him in the heat of 
 passion ; being alone, I let him stay 24 hours there and thought by that 
 
89 
 
 time he would cool off and see his folly ; I then demanded that he give up 
 the knife, after 24 hours ; he told me he wouldn’t give up his knife and 
 wouldn’t come out of the cell, that he w^ould die before he would come out ; 
 he said he would kill anybody with the knife that would come in after him ; 
 I told him he had to come out of his cell and that I was going to take him 
 out either one way or another and he could have his choice ; I talked with 
 him over half an hour, trying to persuade him to come out ; he told me he 
 would kill himself if I undertook to take him out ; I then got a bar of 
 iron, f round iron, turned a large hook or bend on it, opened the door and 
 ordered it hooked around him to pull him out ; the hook itself was not hot 
 nor sharp, but the iron was heated some three feet up from the crook so that 
 he couldn’t hold to it ; he still had the knife in his hand ; as we attempted to 
 put the hook around him he cut his right jugular vein, then passed me the 
 knife and said, “ now you can have it;” he lived about 40 minutes. 
 
 Mr. McGrath: How did you learn of that conspiracy among the 
 prisoners ? 
 
 Mr. Bradbury : From some prisoners. 
 
 Mr. McGrath : Did you subsequently have reason to believe it was true ? 
 
 Mr. Bradbury: Yes, sir. 
 
 Mr. McGrath: Who was with you when you went to take Stanton from 
 his cell? 
 
 Mr. Bradbury: Mr. Tolin, Mr. Maloney and John Gates; I think that 
 was all. 
 
 Mr. McGrath: Were you satisfied that was the only means you could 
 take to get that man out without exposing yourself or some of your guards 
 to bodily harm ? 
 
 Mr. Bradbury: I was, at the time. 
 
 Mr. McGrath: Was he a large man? 
 
 Mr. Bradbury : He was a small man. 
 
 Mr. McGrath: Had he ever been punished before? 
 
 Mr. Bradbury: Once. 
 
 Mr. McGrath : With a lash ? 
 
 Mr. Bradbury: Yes. 
 
 Mr. McGrath : How large is the cell ? 
 
 Mr. Bradbury : About 4J by 7J feet. 
 
 Mr. McGrath: You are satisfied then that it would not have been 
 possible for one of your guards to have gone in there with a revolver and 
 brought that man out? 
 
 Mr. Bradbury : He could not have done it without shooting him before 
 
 he went in. 
 
 Mr. McGrath: How long had Stanton been in? 
 
90 
 
 Mr. Bradbury : Two years ; his offense, I think, was ..burglary and 
 larceny. 
 
 Mr. McGrath : Was the case investigated by the Inspectors? 
 
 Mr. Bradbury: I think it was, but they never communicated their 
 decision to me ; I talked with them about it, and am satisfied they approved 
 my course. 
 
 Mr. McGrath : How did Stanton conduct himself as a prisoner ? 
 
 Mr. Bradbury : He was very high-tempered. 
 
 Mr. McGrath : Did you ever have any special trouble with him before ? 
 Mr. Bradbury : Yes, sir ; I had to take him out of the shop at the point 
 of a revolver some six months before that. He was in Giesecke’s boot and 
 shoe factory. He became ungovernable and tried to kill his foreman with a 
 knife. 
 
 He had made an attack on the foreman, then? 
 
 Yes, sir, and ran him out of the shop. 
 
 What did you do with him when you took him out? 
 
 I took him to his cell and locked him up for the present. 
 What after that ? 
 
 I whipped him the night following. 
 
 When is this whipping done? 
 
 Always in the evening after supper, about dark. 
 
 Then he had given evidence of being a dangerous man? 
 Yes, sir. 
 
 Any other evidence than this mentioned ? 
 
 His general deportment was of that character. 
 
 Is that foreman still in the penitentiary? 
 
 Yes, sir ; his name is Nacey. 
 
 What was the name of that United States prisoner who 
 
 Mr. McGrath: 
 Mr. Bradbury: 
 Mr. McGrath: 
 Mr. Bradbury: 
 Mr. McGrath : 
 Mr. Bradbury: 
 Mr. MeGrath: 
 Mr. Bradbury: 
 Mr. McGrath: 
 Mr. Bradbury: 
 Mr. McGrath: 
 
 , Mr. Bradbury : 
 Mr. McGrath: 
 Mr. Bradbury: 
 
 Mr. McGrath: 
 was removed? 
 
 Mr. Bradbury: 
 
 Mr. McGrath : 
 
 Rodgers. 
 
 Are those United States prisoners still there that the 
 Marshal examined in his case? 
 
 Mr. Bradbury: Yes, sir, except a few whose time had expired. 
 
 Mr. McGrath : Do you think statements of convicts as to conspiracies 
 sufficiently reliable to act upon without further corroboration? 
 
 Mr. Brdbury: No, sir; not without other evidence to corroborate it. 
 
 Mr. McGrath: What other prisoners were engaged in that conspiracy? 
 Mr. Bradbury : I can’t call their names without referring to my record. 
 There were some twelve or fifteen of them. Some of them were locked up in 
 solitary confinement for from thirty to sixty days. I don’t think I applied 
 the lash to any of them. 
 
91 
 
 Did any or all of them admit their participation in this 
 
 Mr. Bradbury : A portion of them did. 
 
 Mr. McGrath : Did you tell Stanton you were going to take him out of 
 his cell to punish him? 
 
 Mr. Bradbury : No, sir. 
 
 Mr. McGrath: Were they all locked up simultaneousy. 
 
 Mr. Bradbury: Yes, sir. 
 
 Mr. McGrath : Did you have any reason to believe Stanton was any 
 more deeply implicated in organizing that conspiracy than any of the others 
 were ? 
 
 Mr. Bradbury : No, sir, I did not. 
 
 Mr. McGrath : What was Stanton doing when you locked him up ? 
 
 Mr. Bradbury : I took Stanton from his cell. 
 
 Mr. McGrath: Did you take him down yourself? 
 
 Mr. Bradbury : I was present. 
 
 Mr. McGrath : How did he come into possession of the knife ? 
 
 Mr. Bradbury: He took it from the shop where he was at work. It is 
 not the duty of the guard to search the prisoners personally, and any priso- 
 ner might take, a knife with him. 
 
 Mr. McGrath : From your experience in that case, have you taken any 
 precaution to guard against their doing this ? 
 
 Mr. Bradbury: We have a general order hanging up in the shop pro- 
 hibiting it. 
 
 Mr. McGrath : Did you ever resort to this method for taking a prisoner 
 out before? 
 
 Mr. Bradbury : Yes, sir ; several times on similar occasions ; I have 
 practiced it for twenty years and it has never been attended with similar 
 results. 
 
 Mr. McGrath : What system, if any, has been adopted for inspecting 
 either the quality or quantity of articles purchased for the use of the Peni- 
 tentiary ? 
 
 Mr. Bradbury : There is a commissary man who attends to the commis- 
 sary department ; he takes the invoices, weighs the goods, checks them off, 
 notes notes shortage and returns the invoices to the office. 
 
 Mr. McGrath: Have you ever heard of any irregularities or abuses 
 
 ( existing there in regard to the reception of those goods? 
 
 Mr. Bradbury : I have never heard of any abuses, but I know of short- 
 ages being reported to the Warden. 
 
 Mr. McGrath : From whom are these principal purchases made? 
 
 Mr. Bradbury : I don’t know, but of parties in St. Louis. 
 
92 
 
 Mr. Britts : If beef was discovered to be spoiled after it had been re 
 ceived, at whose loss was it? 
 
 Mr. Bradbury: My understanding is that ' it was charged back to the 
 beef contractors by the commissary, Peter Willis. 
 
 Mr. McGrath : What do you know of the employment of prisoners on 
 Sunday, and the necessity for such employment? 
 
 Mr. Bradbury : I know there have been a number employed, varying 
 owing to the necessity, not averaging twenty ; in all the factories they have 
 more or less machinery which occasionally needs repairing, and our boiler 
 has to be cleaned ; this occurs every Sunday ; the tanneries require from four 
 to five men to raise hides from the lime. 
 
 Mr. McGrath : Do you consider this employment absolutely necessary ? 
 
 Mr. Bradbury : I do. 
 
 Mr. McGrath: Was that employment voluntary? 
 
 Mr. Bradbury : It was. 
 
 Mr. McGrath : What was the result of this order of the Inspectors ? 
 
 Mr. Bradbury : It worked detriment to the State and also to the con- 
 tractors ; that order has been detrimental both to the interest of the State 
 and the contractors. 
 
 Mr. McGrath: In what way has the State been injured. by that order? 
 
 Mr. Bradbury: We have lost the labor of an average of forty men 
 every Monday. 
 
 Mr. McGrath : How often in the last two. years have you found the In- 
 spectors visiting the Penitentiary in a body? 
 
 Mr. Bradbury: I don’t remeber, but it is so seldom I could not re- 
 member previous to September, 1882. 
 
 Mr. McGrath : Could the Inspectors make an inspection of the prison 
 without your knowledge ? 
 
 Mr. Bradbury : They could not. 
 
 Mr. McGrath : When they did come, did you accompany them on their 
 tour of inspection ? 
 
 Mr. Bradbury : I did once or twice, but may not have done it every 
 time. , 
 
 Mr. McGrath: Please state what the nature of their inspection was? 
 
 Mr. Bradbury : They walked through the different departments of the 
 prison, and also visited the hospital and the sick. 
 
 Mr. McGrath : About what length of time did each of those visits con- 
 sume? 
 
 Mr. Bradbury : From two to three hours. 
 
 Mr. McGrath: From your knowledge of prison life, do you believe 
 that during those visits they could acquire the knowledge necessary to direct 
 the management of that institution ? 
 
93 
 
 Mr. Bradbury : I think not. 
 
 • Mr. McGrath : Is it not a fact that the management of that institution 
 is primarily in the hands of the Board of Inspectors? 
 
 Mr. Bradbury : That is my understanding. 
 
 Mr. McGrath : Do you believe that the knowledge gained by them in 
 those inspections is sufficient to direct properly the management of that in- 
 stitution ? 
 
 Mr. Bradbury : I think not. 
 
 Mr. McGrath : From your twenty-five years’ experience in the position 
 you now hold, do you believe yourself competent to pronounce upon that 
 question ? 
 
 Mr. Bradbury : I do. 
 
 Mr. McGrath : Then you think they could not ? 
 
 Mr. Bradbury : I do. 
 
 Mr. McGrath : Did they ever suggest to you anything that would re- 
 dound to the benefit of the institution ? 
 
 Mr. Bradbury : They have not. 
 
 Mr. McGrath : Do you know if they have ever made any suggestions 
 to the Warden? 
 
 Mr. Bradbury : I do not. 
 
 Mr. McGrath: Did they ever tell you that they approved of your 
 management ? 
 
 Mr. Bradbury : They have. 
 
 Mr. McGrath: Did they ever find any fault with the management, 
 either with regard to the police department or extravagance, or any other 
 irregularity, up to last September? 
 
 Mr. Bradbury: No, sir. 
 
 Mr. McGrath: What did they say to you last September about it? 
 
 Mr. Bradbury: The first that I knew was ’when Mr. Walker asked me 
 if there were any irregularities in the Penitentiary and saying that there 
 were a good many rumors, and they were going to look after them. 
 
 Mr. McGrath : Do you know what it cost the State to run that Peni- 
 tentiary for the two years prior to the appointment of the present Warden? 
 
 Mr. Bradbury: I do not. 
 
 Mr. McGrath : Have you noticed any material change for or against 
 the interest of the State since that time? 
 
 Mr. Bradbury : The change has been vastly in favor of the .State. 
 
 Mr. McGrath: Have you heard at any time that the Warden has re- 
 ceived consideration for the disposal of the patronage of that institution, 
 mainly in providing sustenance therefor ? 
 
 Mr. Bradbury : I have not. 
 
94 
 
 Mr. McGrath: How many men are now unemployed in the Peni- 
 tentiary ? 
 
 Mr. Bradbury: At this season of the year about one hundred and fifty. 
 
 Mr. McGrath : Why are they unemplo} r ed? 
 
 Mr. Bradbmy : On account of the season. 
 
 Mr. McGrath : Are there as many men employed in the factories as 
 can be ? 
 
 Mr. Bradbury : Yes, sir ; in fact, they are overcrowded ; the buildings 
 are not large enough. 
 
 Mr. McGrath : If the buildings were larger could you profitably em- 
 ploy the remainder of the intelligent labor in the Penitentiary ? 
 
 Mr. Bradbury: We could, or the greater part of it. 
 
 Mr. McGrath : Did the Inspectors ever ask you if all the labor was 
 properly utilized? 
 
 Mr. Bradbury : They have not. 
 
 Mr. McGrath: Would you consider it a part of their duty to make 
 those inquiries? 
 
 Mr. Bradbury: I would. 
 
 Mr. McGrath: Whose duty is it, the Warden’s or the Inspectors’, to 
 make proper provision for unemployed labor ? 
 
 Mr. Bradbury : I consider it a joint duty. 
 
 Mr. Edwards : Might the Inspectors not have met as a Board in the 
 Warden’s office, without you knowing it? 
 
 Mr. Bradbury: Yes, sir. 
 
 Mr. Edwards: Have you noticed either of these Inspectors going 
 through the prison by themselves? 
 
 Mr. Bradbury: I have, but can’t say how often. 
 
 Mr. Edwards : Have you ever noticed as many as two there at a time ? 
 
 Mr. Bradbury: I can’t say positively. 
 
 Mr. Britts: How have the Inspectors, for the past two years, com- 
 pared with the Inspectors of previous years in this matter? 
 
 Mr. Bradbury : About on an average. 
 
 Mr. Downing : Do you remember shooting a man last fall ? 
 
 Mr. Bradbury: I do ; I received a report from shoe shop No. 1 that 
 there was trouble there and they needed me ; on arriving in the shop I found 
 a prisoner, Martin Kaegna, wfith a large shoeknife in his hand, defying the 
 authority of the keepers; I went to him and ordered him out of the shop, 
 when he drew the knife on me and told me if I approached him he would 
 kill me ; I drew my revolver on him and he ran out of the shop, down the 
 steps and into the yard ; I followed him down and he made a stand in the 
 yard, and as I approached him he came at me with a knife and I shot him ; 
 the ball took effect in the abdomen, but he has recovered and is now well ; 
 
95 
 
 this matter was investigated by the Board of Inspectors at the time ; this is 
 the only case in the last two years that I have had to use my revolver. 
 
 W. H. BRADBURY. 
 
 January 30, 1883. 
 
 * 
 
 “EXHIBIT C.” 
 
 State of Missouri, 
 
 County of Cole. 
 
 Office of the Inspectors of 
 the Missouri Penitentiary, 
 
 September 28tli, 1882. 
 
 Depositions of witnesses taken on examination into the management and 
 affairs of the Missouri Penitentiary by the Board of Inspectors thereof, under 
 the provisions of Sec. 6515, Revised Statutes: 
 
 Wm. H. Bradbury, being duly sworn upon his oath, says: 
 
 I am Assistant Warden of the Missouri Penitentiary ; I have been acting 
 in that capacity continuously for twelve years ; I have been Assisiant Warden 
 all the time during 1881 and 1882 up to this time ; my duties are to take en- 
 tire charge of the police department of the penitentiary; my duties are 
 chiefly inside the walls ; I go entirely through the prison every day, and 
 visit the dining-room and commissary department every day ; as a rule I am 
 about the dining-room at mealtimes ; I frequently visit the kitchen ; I gen- 
 erally observe the meat and provisions that are taken to the commissary de- 
 partment, and also that which is taken to the kitchen ; in the early part of the 
 summer, 1881, cut meat was frequently received at the penitentiary from up 
 the railroad, from what place I do not know ; on several occasions the meat 
 was reported to me as being spoilt ; I examined it and found it so ; I never 
 allowed any of it to be cooked that I knew of, but threw it away ; I frequently 
 reported this fact to the Warden; his instructions to me was to always have 
 it thrown away whenever I found it spoilt ; I did as he instructed ; if spoilt 
 meat had been cooked there is no doubt that I would have known it, particu- 
 larly if it had heen put upon the table, for the fact would have been reported 
 to me by the convicts in the way of complaint ; convicts have reported to me 
 that the meat was not good, but upon examination I have found the com- 
 plaints without foundation ; I cannot say positively when the last cut meat 
 was received ; I think some time last winter, probably about a year ago ; I 
 do not know what quantity was received ; my impression is that from 400 to 
 500 pounds was received at a time; it was in warm weather when the tainted 
 meat was received. 
 
 I have stated above all I know about the meat question ; the convicts are 
 atfull liberty to complain to me about the quality of their food; Mr. Lewis, 
 
96 
 
 the steward, reported to me about the meat ; he came to me and reported that 
 the meat was tainted, spoilt and unfit for use ; on several occasions he made 
 this complaint to me, I cannot say how often ; I examined the meat each time 
 that he complained ; I examined the meat in the commissary while on the 
 scales ; the meat w r as generally in small pieces — some neck pieces, shanks, 
 shouldei’s and small pieces of all parts of the beef as it had been cut up ; 
 some convicts, but no other officer except Mr. Lewis, called my attention to 
 this beef ; Mr. Lewis more than once called my attention to the beef after it 
 had reached the cooking department ; I mean the damaged meat before it 
 was cooked ; on several occasions my attention, was thus called ; I remember 
 on one occasion my attention was called to it after it was in the kettle cook- 
 ing, and I ordered the whole batch thrown away and salt meat substituted for 
 it ; I remember distinctly that this occurred once ; but don’t remember 
 that it occurred more than once ; I would not state positively that this did 
 not occur more than once ; I remember that my attention was called to it 
 more than once while on the carving table, after it left the kettles. 
 
 In summer weather prisoners frequently complain of getting hold of 
 tainted meat ; about the time that I refer to prisoners frequently complained 
 of sour hash ; I refer to the time of the receipt of cut meat ; all the cut 
 meat, I think, was cooked up into hash ; the hash was made of heavy por- 
 tions of potatoes, onions and bits of light bread left from the table from 
 meals before, added to the meat ; the reason this meat was put into hash, 
 was because it was not such meat as would cut to advantage for dinner ; 
 when I reported to the Warden about this spoilt cut meat, he went with me 
 and examined it, and gave special orders whenever I found any such meat, 
 that is spoilt meat, to throw it away ; the Warden went with me on two occa- 
 sions to examine this spoilt meat ; it might have been oftener, I don’t remem- 
 ber ; I think this cut beef is worth 35 per cent, of the beef we receive on 
 foot, which beef is required to net 50 per cent ; if the hundred pounds of 
 the net beef which we receive on foot is worth one dollar, I consider this cut 
 beef worth 35 cents ; I wish to state that it does not necessarily follow that 
 because the hash is sour that the meat was spoilt before it was cooked ; it 
 occurs sometimes when the meat is good ; the Warden has turned over to me 
 the entire control of the police department of the Penitentiary, and authority 
 to inflict punishment, with instructions to use the lash as little as possible, to 
 enforce discipline ; on several occasions when I had a very ungovernable 
 convict to punish, I have called on the Warden to witness the punishment 
 inflicted, to confer with me as to the amount of punishment to be inflicted, 
 as the punishment progressed ; my understanding is that there are about 
 75 or 80, foremen, contractors and employes, who use the barber shop, and 
 they pay 50 cents per month for the same to Ralph Willis, out of which he 
 pays for razors, soap, towels* etc. ; I know nothing of what becomes of the 
 
97 
 
 residue; three men are employed in the barber shop — two as barbers and 
 one as boot black. 
 
 Subscribed and sworn to. 
 
 W. H. BRADBURY. 
 
 R. D. Willis, being duly sworn, testifies as follows: With the excep- 
 tion of about a year since the 15th of June, 1873, I have been connected 
 with the Penitentiary. I hold the position of clerk. I have held that posi- 
 tion since January 24, 1877. My salary now is $125 per month. There is 
 a barber shop kept in the upper story of the round house. There are three 
 convicts employed in it, tw'o barbers and one boot-black. This barber shop 
 has been operated ever since I have been connected with the Penitentiary. 
 There has always been from two to three men employed in the shop. A part 
 of the officers and guards, some of the contractors, and, I think, four shoe 
 shop foremen are shaved and have hair trimmed and boots blacked in this 
 shop. In all, about thirty or thirty-five men use this shop, on an average per 
 month. The only men who pay for the use of the shop are the guards, the 
 shoe shop foremen referred to, the commissary, steward, yard masters and 
 the superintendent of the stable. Each of these, men pay fifty cents per 
 month. The average receipts of the shop are about $15 dollars per month. 
 I have had control of this shop since March, 1877, and have collected these 
 amounts from the men who use this shop. From the sums of money col- 
 lected, I paid out the cost of furniture in the shop, the tools, fixtures and 
 monthly supplies of soap, towels, blacking, brushes and everything necessary 
 for the running of a barber shop. The monthly expenses vary from six to 
 ten dollars per month. In addition to this I paid, about three years ago, for 
 the two chairs and two stools now in the shop, sixty dollars. The surplus of 
 profits or receipts over expenditures run from seven to nine dollar per 
 month. This surplus I have retained. I have done all the purchasing and 
 paid for the supplies. Since I have been acquainted with the Penitentiary, 
 some one of the employes has been designated to take charge of the barbar 
 shop. When 1 came into office in .1877, the shop wa^,, destitute of furniture 
 and tools. I was selected to take charge of the shop and mange it, and 1 
 continued to do so until the Inspectors’ investigation. There are frequently 
 visitors and contractors who are shaved and who do not pay anything unless 
 they pay it to the convict who shaves them. I mean, by being selected, that 
 I was selected by the employes. The Warden and the other officers and em- 
 ployes had full knowledge of how the barber shop was run, and the Warden con- 
 sented. On the time reports, the time of these men is kept as barbers. There 
 \ are other barbers, I think five, who are employed to shave the convicts. The 
 1 three barbers employed in the round house shop do no work outside of that 
 
 c r p — 7 
 
98 
 
 sh6p. Onty those who shave regularly in the shop pay the fifty cents per 
 month. Others use it occasionally who do not pay. I kept no book account 
 of the receipt or expenditures. 
 
 I have received in the neighborhood of $360 from the shop in the last 
 two years. I have kept the shop supplied with razors, hones and everything 
 necessary in a first-class shop. My expenses varied from six to ten dollars 
 per month. My surplus during this time, over and above expenses, would 
 amount to about $125. This I have retained and never paid any part of it 
 to the State. The proceeds of this shop are now credited to the account 
 known as the barber shop account. These three men were kept solely for 
 the accommodation of the barber shop. Had these men been employed in 
 other business their labor would have been worth from 40 to 45 cents p.er 
 day. When we received an order from the Inspectors recently to credit the 
 proceeds to the State, I turned over all the property of the barber shop to 
 the State, without recompense. The furniture, razors, etc., were worth from 
 $150 to $175. 
 
 We went camp-hunting once every fall and took with us a wagon and 
 team belonging to the State, except this last Fall. We are generally gone 
 from seven to nine days. I was in the employ of the State at this time. We 
 were always accompanied by one of the Inspectors until the Fall of 1881. 
 In the Fall of 1881, we were accompanied by a clerk in the Auditor’s office 
 and the Commissioner of Permanent Seat of Government. We had the per- 
 mission of the Inspectors to use the wagon and team every fall that we took 
 them. The Warden always required us to get the permission of the Inspec- 
 tors before we could get the team. This was the Jefferson City Hunting and 
 Wishing Club, of which Gen. H. Clay Ewing is President and J. T. Sears 
 ; Secretary and Treasurer. The State was not benefitted in any way that I 
 know of by these trips. 
 
 Mr. Downing: Do you know of any property, provisions, fuel or forage 
 baying been sold to the employes of the Penitentiary ? 
 
 Mr. Willis: Ido v , 
 
 Mr. Downing: To what extent? 
 
 Mr. Willis : I know of fuel and forage having been sold to a few of 
 the employes during the year 1881, and probably some few items during the 
 last year. Some time during the months of January, February and March, 
 1881, we sold some little wood and coal to employes of the Penitentiary. I 
 don’t think we have sold things to employes every month for the past two 
 years. During the first six months of 1881 we sold some forage and fuel to 
 employes. We have never given the employes any fuel or forage. It was 
 all paid for. We have never sold the employes any manufactured articles. 
 I am acquainted with J. B. Tolen. He has charge of receiving and shipping 
 
99 
 
 of freights, general charge of the teams and of the stables and stable hands. 
 I am somewhat familiar with his books. 
 
 (Witness handed coal book. ) 
 
 Mr. Downing : Can you state how the leaves came to be torn out of 
 the coal book from pages 84 to 91? 
 
 Mr. Willis : No, sir. I did not know they were out until a few days ago. 
 
 (Witness here handed stable book.) 
 
 Mr. Downing : Can you state how leaves came to be torn out of the 
 stable book between pages 60 and 65 ? 
 
 Mr. Willis : No, sir. I never knew they were out until informed by 
 my father a day or so since. 
 
 Mr. Downing: Did you ever sell or give away any fuel or provisions, 
 belonging to the Penitentiary, to any one other than the employes of the 
 Penitentiary. If so, to what extent? 
 
 Mr. Willis: Yes, sir, we did, to a very limited extent. My recollection 
 is that, with the exception of the contractors, it was only in four or five 
 cases. We have sold hay to Dr. Winston. Capt. Bradbury and Col. Gates, 
 and fuel to Mr. Gray, Mr. Rowland, Thos. Bradbury, H. C. Scruggs, P. M. 
 Willis, P. H. Krump, R. P. Lamb, S. P. Garrett, . BF. Clark, R. S. Tarleton 
 and some others probably whbse names I do not remember. These were all 
 employes of the Penitentiary, except Col. Gates. We have furnished the 
 Governor’s mansion with fuel, the State Journal office, the different steam- 
 boats used by the Penitentiary, nearly all of the contractors, Mr. Lyons, 
 some foremen in the shoe shops whose names I do not remember, and Mrs. 
 M. L. Long, all of which has been paid for. From April to September, 
 1882, we furnished the Journal office about 212 bushels of coal, which was 
 paid for at the rate*of 15 cents a bushel. Capt. Todd only had two horses 
 kept at the expense of the State. The stable books show that on the 1st 
 day of May, 1882, Capt. Todd had 9 horses at the stables, 8 on the 4th, 6 
 from the 8th to the 20tli and 2 from the 20th to the 31st. The stable books 
 show that they were kept at the expense of the State. This number of 
 horses were really never inside of the Penitentiary stables. Mr. Todd 
 obtained permission from the Warden to use for a time the old and abandoned 
 prison stable for the purpose of getting together a car load of horses to be 
 shipped and sold on his private account. Through a mistake of Mr. Tolin 
 this charge appears on the stable book kept at the Penitentiary stable. He 
 could never give any satisfactory statement as to why he kept it, but that he 
 thought he should keep an account of everything that came on the State 
 premises. The books of the Penitentiary show that all fuel, forage and 
 manufactured articles sold have been paid for and the amonitnts credited to 
 the proper account. We have made some bad debts on the sales to parties 
 
loo 
 
 outside the Penitentiary. The amount will not exceed $60. The open 
 accounts on our books will not exceed $500. 
 
 Mr. Downing. How many convicts are doing domestic service outside 
 of the prison ? 
 
 Mr. Willis : Three and sometimes four in the Warden’s family and the 
 same number at the Deputy Warden’s. These are all females, except one 1 
 male at each place. There are three, six and sometimes a greater number at 
 the Governor’s mansion. I suppose the number will average less than four. 
 They are all males. 
 
 Mr. Downing : What rations are iss'ued to these convicts outside of the 
 prison as domestics? 
 
 Mr. Willis : The regular army rations and no more. 
 
 Mr. McGrath: Please examine your books and make an estimate of 
 all labor, skilled and unskilled ; also, materials of every description used in 
 the performance of work, in repairing old or erecting new buildings, repair- 
 ing streets, etc. ; also, all hauling and work of every description rendered to 
 the State, and for which no compensation has been received ? 
 
 Mr. Willis : In answer to that, I submit the following abstract from 
 our books : 
 
 EXECUTIVE MANSION. 
 
 Brooms 
 
 Hauling coal, wood, manure, ice, sawdust, dirt, etc 
 
 Iron work, wheelbarrows, etc. , at wagon shop 
 
 Brick for ice house, repairs sewer, etc ; 
 
 Fire brick for furnace, sewer pipe for sewer, cement for; 
 repairs , etc I 
 
 Tinning account for 2 years , etc I 
 
 Nails for ice house repairs, etc j 
 
 Victor Zuber work at Mansion j 
 
 Skilled labor at ice house 
 
 313 days convict labor at ice house at 45c 
 
 2,488 days cbnvict labor regular at Mansion at 45c j 
 
 261 days convict labor extra at Mansion at 45c 
 
 $ 140 85 
 1,119 60 
 117 45 
 
 $ 10 35 
 295 27 
 23 65 
 295 67 
 
 16 10 
 34 18 
 6 40 
 10 55 
 72 50 
 
 1,377 90 
 
 Total 
 
 $2,142 57 
 
101 
 
 PERMANENT IMPROVEMENTS AND GENERAL REPAIRS 
 
 1,500,000 brick used in repairs to new cell building, ex- 
 tending harness shop, new smoke stack, addition to 
 collar and broom shop , extension of Warden’s house, 
 new cisterns, oil houses and general repairing, Sulli- 
 van’s engine house, retaining walls, etc. , at f 5 per M. 
 
 Cut stone, sills, caps, jams, paving, etc., used in erec- 
 tion and repairs of above buildings 
 
 $7,500 00 
 
 1,304 45 
 
 Iron work and rods made in wagon shop for anchor rods 
 
 and brace stays in building 
 
 Macadam and riprap used for foundations and filling in, 
 
 above buildings 
 
 Material, pitch roofing, paper, cement, lime, gravel, 
 glass, lumber, irou work, etc., used in construction 
 of above buildings and paid from earnings 
 
 Hauling 1,200,000 brick in 1881 from old brickyard at $1. . $1,200 00 
 
 Hauling 300,000 brick in 1882 from new brickyard at 70c. . . 210 00 
 
 Hauling 3,000 loads material and refuse (estimate) at 35c. . 
 
 1,050 00 
 
 Hauling 800 loads of sand at 35c 
 
 Hauling 55 cars gravel, lumber, lime, pitch, paper, 
 machinery, cement, etc., at $3 
 
 2S0 00 
 
 165 00 
 
 107 50 
 
 60 00 
 
 9,308 75 
 
 Hauling 950 loads of rock at 35c 
 
 332 50 
 
 3150 days convict labor employed in boating sand and 
 wood at 45c 
 
 $ 1,417 50 
 
 3,237 50 
 
 36,025£ days convict labor on improvements at 40c 
 
 14,410 20 
 
 15,827 70 
 
 Total 
 
 $37,345 90 
 
102 
 
 MAIN STREET SEWER ACCOUNT. 
 
 1,200 brick at $5 
 
 Lumber 
 
 Mortar 
 
 Stone . 
 
 Sand 
 
 Macadam 
 
 Hauling 80 loads mortar, stone, sand, macadam at 35c.. . $ 28 00 
 
 Hauling 190 loads dirt, cinders and brick at 50c — 95 00 
 
 Three-fourths month skilled labor at $83-33. 
 
 231 days convict labor at 45c 
 
 Total 
 
 $ 60 00 * 
 
 4 00 
 
 5 85 
 65 
 
 3 25 
 42 25 
 
 123 00 
 62 50 
 103 95 
 $405 45 
 
 PERMANENT SEAT OF GOVERNMENT. 
 
 Brooms - .' 
 
 $ 8 75 
 
 62 95 
 
 7 00 
 
 4 50 
 
 586 35 
 
 Hauling coal 
 
 Two cords wood 
 
 Work on two trucks 
 
 1 ,303 days convict labor at capitol at 45c 
 
 Total 
 
 $669 55 
 
 
103 
 
 RECAPITULATION . 
 
 
 $ 2,142 57 
 
 37,345 90 
 
 405 45 
 
 
 
 
 669 55 
 
 
 Brick 
 
 $ 7,855 67 
 
 1,304 45 
 
 Stone 
 
 Tmn wort 
 
 135 64 
 
 Macadam 
 
 102 25 
 
 Matprial * 
 
 9,408 83 
 
 3,718 72 
 
 Hauling 
 
 
 7 00 
 
 ^uel 
 
 Skilled labor . 
 
 135 00 
 
 Convict labor 
 
 17,895 90 
 
 
 
 
 Mr. Britts : Does this statement include all the work you have clone for 
 the State that you were not paid for ? 
 
 Mr. Willis : Yes, sir. R. D. WILLIS. 
 
 March 1, 1883. 
 
 W. M. Todd, being duly sworn, testifies as follows : I am yardmaster at 
 the penitentiary ; have been connected with the penitentiary nearly all the time 
 since 1871 ; my duties are to attend to dressing the men in and out of the 
 the prison ; I keep the time of the officers and guards of the prison ; priso- 
 ners are punished for offenses against the rules of the prison by confinement 
 in the dungeon, being fed on short rations, and sometimes they use the lash 
 on them ; for refusing to work they are sometimes sent to the dungeon, 
 sometimes placed in solitary confinement, and sometimes are whipped ; Capt. 
 Bradbury has charge of this matter ; the officer who reports the man and the 
 foreman are examined before the punishment is inflicted ; when men are 
 dressed in they are informed of the rules of the prison, and shown the rules 
 and regulations and told the result of non-compliance with them ; the rules do 
 not specify the punishment for violations ; the Warden and Deputy Warden 
 fix that ; the rules are signed by the Inspectors ; when a prisoner violates a 
 rule he does not know what punishment will be inflcted for the violation ; I 
 
104 
 
 think possibly one or two women have been whipped in the last two years ; 
 the whipping is done in a room between the gates ;we frequently discussed 
 this matter among us, and we know of no other method of punishment so 
 effectual in preserving discipline as whipping ; there is not so much whipping 
 done now as formerly ; at present it is only resorted to in extreme cases ; I 
 don’t notice much difference in the conduct of prisoners in the last two 
 years as compared with former years. 
 
 Mr. Downing: State whether or not you have had any horses kept at the 
 penitentiary stables, at the expense of the State, during the last two years? 
 
 Mr. Todd : I have not ; I have kept some horses there, but always paid 
 for them. Last season I had some six or seven head, which 1 kept at the 
 old stable. I bought the feed and had them fed myself. This was in May 
 or June. When I made my contract for services, it was agreeed that I 
 should keep one horse at the State stable. For about three months in the’ 
 winter I had no horse there, and in lieu of this, for about six weeks in the 
 spring I kept two horses. I have never kept any horses there, nor has the 
 State ever furnished me any feed, except as here stated. 
 
 W. M. TODD. 
 
 March 5, 1883. 
 
 J. S. Sullivan, being duly sworn, testifies as follows: I am a contrac- 
 tor in the Missouri Penitentiary and am engaged in the manufacture of sad- 
 dle-trees. In , 1882, the Inspectors issued an order prohibiting 
 
 any contractor from having the use of any convict labor on Sunday for any 
 purpose. We tan hides and these hides have to be attended to on Sunday, 
 the same as any other day, on account of the putting in liquors and handling 
 while in the liquors. Saddle-trees, being covered with rawhide on Saturday, 
 have to have the seams rubbed and be put in dry-rooms on Sunday, other- 
 wise they become damaged and have to be sold as second class goods. We 
 have had to lay up, since the Inspectors issued the order, men to the amount 
 of 528 days, at 4.5 cents a day, which amounts to $237.60 as a loss to the 
 State. Jacob Straus & Co. inform me, they being tanners, that they have 
 laid up about 300 days since that order, at 45 cents a day, which would be 
 $135 as a loss to the State. For the convicts we worked on Sunday, we did 
 not work them as convicts hired from the State, but paid the convicts them- 
 selves at the rate of 45 cents a day, and they did the work voluntarily. This 
 voluntary labor on Sunday enabled us to work the convicts on Saturday, 
 which we cannot now do. We have more machinery than everybody else in 
 the Penitentiary, and often machinery breaks and sometimes has to be re- 
 moved from one part of the shop to another, and if not allowed labor to 
 help move it and handle it on Sunday, we would have to lay up part and pos- 
 sibly all of our hands on week days. J. S. SULLIVAN. 
 
 February 14, 1883. 
 
105 
 
 W. B. Palmore, being duly sworn, testifies as follows: I am a minister 
 of the gospel, and also Chaplain of the penitentiary, which position I have 
 held for three years. I preach in the male department once a week on Sunday 
 at 3 p. m. Generally I preach in the female department at 7 o’clock Sunday 
 evenings, but sometimes we hold prayer meetings, instead. Occasionally we 
 hold prayer meetings in the male department. In the discharge of my duty as 
 Chaplain I am called there frequently. I have been there frequently at 
 meals and find their food good, and they all express themselves to me as well 
 satisfied with both the quality and quantity. I have visited a number of 
 prisons in this country and in the old world, and so far as the food is con- 
 cerned, I consider that this prison compares very favorably with them. So 
 far as I can ascertain the prisoners are well treated in every respect except 
 the facilities for preaching to and teaching them. I do not think they are 
 treated -well in that respect, for the reason that there is no proper place, in 
 my judgment, to teach them. Their interests demands a place where they 
 can be properly preached to and taught, in my judgment. In my judgment a 
 Chaplain should be employed to devote all his time to preaching to them and 
 teaching them. I have charge of the appropriations made by the State for 
 librar} 7- purposes. It amounted to $250 per year for 1881 and 1882. I ex- 
 pended it in procuring books which I thought would be suitable for them. I 
 think we have about 3,000 volumes in . the library. There is a prisoner who 
 delivers their mail to them, and who also has charge of the library and 
 changes their books. Every cell has a large minion type reference Bible, and 
 there are Testaments and Psalms in very large type for the older ones. I 
 begged outside of the appropriation of the State for library purposes, and 
 have given, myself, about $350 worth of books within the last eighteen 
 months. W. B. PALMORE. 
 
 February 8, 1883. 
 
 W. S. Pope, being duly sworn, testifies as follows : I reside in Jefferson 
 City. I am a lawyer by profession. I came here in the fall of 1874. I am 
 acquainted with J. R. Willis, Warden of the Penitentiary. I have known 
 him since 1873. 
 
 Mr. Downing : Do you know of your own knowledge, whether or not, 
 scrap or tainted meat was used in the Penitentiary during the last two years? 
 
 Mr. Pope : I do not. 
 
 Mr. Downing: Did Mr. Willis, the Warden, ever admit that he did use 
 any such meat to you or anyone in your presence? 
 
 Mr. Pope : He did not. 
 
 Mr. Downing: Do you know of your own knowledge, whether or not, 
 any bonus was paid by John W. Gordon to Waddy Thompson on any meat 
 contract within the last two years ? 
 
106 
 
 Mr. Pope : I clo not. 
 
 Mr. Dowing : Did John Gordon ever admit in your presence or to you 
 that he had paid a bonus to Waddy Thompson on a meat contract for the 
 Penitentiary ? * 
 
 Mr. Pope: # I heard him say at Mr. Thomas’ store that he had. I 
 don’t know who was present. He stated to me that he had paid him money 
 in connection with the beef contract. I can’t say that the word “bonus” 
 was used. I think the conversation was in September, 1882. 
 
 Mr. Downing : Do you know of your own knowledge, whether or not, 
 Mr. Willis was interested in this bonus or money consideration that you 
 speak of? 
 
 Mr. Pope : I do not. 
 
 Mr. McGrath: Do you know of his having been interested in any 
 other money transaction with the contractors ? 
 
 Mr. Pope : I do not. 
 
 Mr. Downing : Do you know of your own knowledge, whether or not, 
 Mr. Willis has permitted the convicts and teams of the Penitentiary to be 
 used on his brother’s farm in Callaway county? 
 
 Mr. Pope : I do not. 
 
 Mr. Downing : Do you know of your own knowledge, whether or not, 
 the State teams were used for hunting expeditions by the Warden’s friends? 
 
 Mr. Pope : I never saw them out on hunting expeditions. 
 
 Mr. Downing: Have you ever heard Mr. Willis admit to you or to 
 any one in your presence that the State’s teams were used for such purposes? 
 
 Mr. Pope : 1 never did. 
 
 Mr. Downing : Have you visited the Penitentiary in the last lwo years ? 
 
 Mr. Pope : I have been there a very few times, but not often. 
 
 Mr. Downing : Did you examine any of the beef at the time of the 
 visits you speak of? 
 
 Mr. Pope : I didn’t examine it, but I thought it was a very good 
 dinner they had. The meat looked good and smelled good and I think it 
 was good meat. 
 
 Mr. Downing : Did you write an article to the Globe-Democrat, Jan- 
 uary 20, 1883? • 
 
 Mr. Pope : About that time I did. 
 
 Mr. Downing: Was what you stated in that article, based upon your 
 own knowledge of the facts or was it street rumor? 
 
 Mr. Pope : It was not of my own knowledge nor was it street rumor. 
 It was on my information and belief. 
 
 Mr. Downing : From what source did you get your information ? 
 
 Mr. Pope : From various sources. In regard to the farm in Callaway 
 county. I had heard farmers who lived across the river telling about it. 
 
107 
 
 Mr. Downing: What farmer did you hear speak of it? 
 
 Mr. Pope : I don’t know that I could give their names. I know their 
 faces and know that they live across the river. 
 
 Mr* Downing: Can you give the name of any person who was present 
 at sny such conversation? 
 
 Mr. Pope: I can’t, but have heard it discussed at Mr. John Craven’s 
 store, in this city. 
 
 Mr. Downing : Can you give the name of any other party who heard 
 these conversations? 
 
 Mr. Pope: No; I could not. 
 
 Mr. Downing : From what other source did you get information with 
 regard to matters in this letter? 
 
 Mr. Pope: On the 3d of September, 1882, I came home from my farm 
 in Miller county, after having been absent more than a month, and the sub- 
 ject of the investigation of the Penitentiary by the Board of Inspectors was 
 being generally discussed in the town. I had never heard up to that time 
 that the Inspectors were making the investigation. When I went home to 
 supper that evening I asked Mr. Walker, the State Auditor, a number of 
 questions in regard to it, some of which he told me was true and some he said 
 was false. I remember asking him in regard to this cut meat question, and 
 he said that was true. I remember asking him about a speech Mr. McIntyre 
 was said to have made before the Board, and he said that wasn’t true. I 
 remember asking him if it was true, as stated, that Mr. Chappell was re- 
 tarding the investigation, and he said it wasn’t true. I heard the facts in 
 my letter discussed on the streets frequently and much more that I asked 
 Mr. Walker about and he said was not true. 
 
 Mr. Downing : Give me the name of an individual living in town that 
 you heard speak on that day of any of the matters you mention in your 
 letter ? 
 
 Mr. Pope: John T. Craven. 
 
 Mr. Downing : What one of the matters spoken of in your letter did 
 he speak to you about on that day? 
 
 Mr. Pope : He told me they had a fuss about the spoilt beef at the 
 prison. 
 
 Mr. Downing: Of your own knowledge, do you know of any irregu- 
 larities on the part of Mr. Willis in his management of the Penitentiary? 
 
 Mr. Pope: Yes, sir, I have, but nothing that is a matter of any im- 
 portance. W. S. POPE. 
 
 February 20, 1883. 
 
108 
 
 Wm. Meyers, being duly sworn testifies as follows: 
 
 Since August 10, 1882, I have been book-keeper for A. Priesmeyer, 
 at the Penitentiary. Prior to that time I was book-keeper and collector 
 of the Exchange Bank. Col. Willis would get checks and drafts there, 
 payable to his order, as Warden, to pay for goods bought in St. Louis.' 
 Collections against him were made through our bank, but this did not 
 happen often. Checks came back to him sometimes from some of the 
 parties to whom he sent drafts, payable to him as Warden. Some- 
 times he drew the money, and sometimes he deposited them. Some were 
 from Nave, McCord & Co., of whom I suppose he bought groceries. I can’t 
 remember the names of any others, but I think there were some others. 
 These checks from Nave, McCord & Co., I think, came nearly every month. 
 He drew his drafts between the 1st and 7th of each month, and the checks 
 would come from the 1st to the 10th of the month. Sometimes the checks 
 would be for about $100, and once for about $300. These checks were 
 placed to the credit of J. R. Willis, Warden. I was there ten years, and 
 during that time he never kept an individual account, except as J. R. Willis, 
 Warden. This was in 1881-2. I noticed these things once and remarked to the 
 cashier that I wondered how it happened. I think there were about three houses 
 that they came from,, including Nave, McCord & Co. I may have mentioned 
 this to my father, but do not remember to have mentioned it to anyone else 
 besides him and the cashier. Some of the checks to him were as low as $100 
 and I remember one that was about $300. I suppose the cashier and I have 
 spoke about this several times, but I don’t remember how often. I remem- 
 ber checks coming back from Corby & Co., or Fox, Corby & Co., I do not 
 remember which firm. What the cashier and I thought was strange was that 
 he would get checks from the parties and at the same time be sending them 
 checks. Some of these checks were collected by the Warden and were placed 
 to his credit. 
 
 WM. MEYERS. 
 
 February 7, 1882. 
 
 Geo. D. Barnard, being duly sworn, testifies as follows: I am of the 
 firm of Geo. D. Barnard & Co., stationers. I have met J. R. Willis, Warden 
 of the Penitentiary, but can’t say I am personally acquainted with him. He 
 has purchased supplies from us for the Missouri Penitentiary. Since January 
 1, 1881, he has purchased $251.80 worth of goods from us. Part of them 
 were mail orders from the Warden, and the remainder mail orders from our 
 traveling men. They were all filled under my direction. 
 
 Mr. Downing : In consideration of these purchases or his buying goods 
 of your firm, have you ever given him, individually or otherwise, any re- 
 bates, discounts or other consideration whatever? 
 
109 
 
 Mr. Barnard : I have not. 
 
 Mr. Downing : Have you ever given anything to anyone in his employ 
 or to any member of his family? 
 
 Mr. Barnard: No, sir. 
 
 STATEMENT. 
 
 St. Louis, Mo., February. 16, 1883. 
 
 Missouri State Penitentiary, J. Jfc. Willis, Warden, Jefferson City, Mo 
 
 D. Barnard & Co. , Dr. 
 
 . , to George 
 
 - 
 
 ! 
 
 Cr. 
 
 Dr. . * 
 
 1879. June 23 . 
 
 1881. Jan. 3.. 
 
 . . Merchandise 
 
 
 $ 31 30 
 
 . .Merchandise 
 
 
 109 35 
 
 Jan. 19.. 
 
 . . Merchandise 
 
 
 3 50 
 
 Sept. 12.. 
 
 1882. Feb. 16.. 
 
 « 
 
 . . Merchandise ; 
 
 
 27 25 
 
 . . Merchandise 
 
 
 43 00 
 
 Feb • 25 . . 
 
 . . Merchandise 
 
 
 43 00 
 
 May 12 . 
 
 1883. Jan. 13.. 
 
 . . M ercb an disc 
 
 
 5 00 
 
 . . Merchandise 
 
 
 20 70 
 
 
 
 
 $ 283 10 
 
 1879. July 11.. 
 
 1881. Mar. 28.. 
 
 ..Cash 
 
 $ 31 30 
 
 
 . . Cash 
 
 112 85 
 
 
 Nov. 22.. 
 
 . . Cash 
 
 27 25 
 
 86 00 
 
 
 1882. April 13.. 
 
 June 7.. 
 
 . . Cash 
 
 
 • . Cash 
 
 5 00 
 
 
 
 1 $ 2 12 40 
 
 
 
 
 Balnnpp _ . . . 
 
 
 
 $ 20 70 
 
 
 
 i 
 
110 
 
 St. Louis, Mo., January 13, 1883. 
 
 One ten by twelve 500 page Common Sense letter book 
 
 One ten by fourteen 500 page buff letter book 
 
 One No. 3 reccord book 
 
 One-half dozen No. 220 indexed memorandum 
 
 Twelve dozen No. 2 Faber’s pencils 
 
 Six dozen No. 150 Eeagle pencils 
 
 One-half ream St. Clair note paper 
 
 One-fourth thousand thirteen xx No. 5 envelopes 
 
 Two dozen nineteen by twenty-four sheets, blotting — 
 Total 
 
 $ 2 50 
 1 75 
 3 00 
 
 1 50 
 7 80 
 
 75 
 
 90 
 
 50 
 
 2 00 
 $ 20 70 
 
 St . Louis , Mo . , May 1 2 , 1882 . 
 
 Two ten by twelve 500 page No. 4994 Common Sense copying books. . . 
 
 $ 5 00 
 
 St . Louis , Mo . , February 25 , 1883 . 
 
 One book checks, 45,779 
 
 $ 10 00 
 
 43 00 
 
 1 .,500 rpyprmp stamps on nhnyp honk 
 
 Tntnl 
 
 $ 43 00 
 
 
 St. Louis, Mo. , February 16, 1882. 
 
 Onp. rpgistp.r .T 45 fin! 
 
 a IS 00 
 
 15 00 
 
 10 00 
 
 Onp dvpsaino' monster j 45^050 
 
 One index J, K & L, 45,649 \ 
 
 One index J, K & L, 45,648 J 
 
 Total 
 
 - $ 43 00 
 
 
Ill 
 
 St. Louis, Mo., September 12, 1881. 
 
 Two dozen quarts Arnold’s fluid at $6.50 per dozen 
 
 One dozen quarts Fr. copying ink 
 
 One quart Arnold’s copying ink 
 
 Boxing and drayage 
 
 $ 13 00 
 
 12 00 
 
 1 00 
 
 1 25 
 
 $ 27 25 
 
 Total 
 
 
 St. Louis, Mo., January 19, 1881. 
 
 Two ind^x* 3 * 5 
 
 $ 3 50 
 
 
 St. Louis, Mo., January 
 
 3, 1881. 
 
 Onp mp.d - 1 P.d gp.v ? 36^-712 
 
 $12 25 
 
 12 25 
 
 7 50 
 
 13 75 
 
 2 00 
 
 2 00 
 
 7 75 
 
 Of)p rnpd journal ; 36^711 
 
 One No. 5 cash book, 36,715 
 
 One copy invoice book, 36,716 
 
 One D. one-half bond index 
 
 1,500 pages ten by 12 parchment letter book 
 
 One med. payroll book, 36.713 , 
 
 One book 1,500 stamps 
 
 43 00 
 
 7 50 
 
 75 
 
 One No. 5 sales book, 36,714 
 
 One cop. one-half bound voweled index 
 
 Boxing and rlrayagp. 
 
 60 
 
 
 Total 
 
 $ 109 35 
 
 
 February 16 , 1883 . 
 
 GEO. D. BARNARD. 
 
112 
 
 Edward G. Callahan, being duly sworn, testifies as follows : I am 
 Secretary of the Bridge & Beach Manufacturing Company, who make stoves. 
 I am acq uainted with J. R. Willis, Warden of the penitentiary, and have 
 furnished supplies to the penitentiary to the amount of about $500 
 a year for the past two years. I have never made any remittances of any 
 description to the Warden of the Missouri Penitentiary. 
 
 Mr. Downing: In consideration of these purchases, or his buying goods 
 of your firm, have you ever given him individually or otherwise, any dis- 
 counts, rebates or other consideration whatever, or to any one in his employ 
 or to any member of his family? 
 
 Mr. Callahan: We never have. All discounts that were ever allowed 
 were credited on the bills, and the State received the benefit of them. 
 
 Mr. McGrath : How were these purchases generally made ? 
 
 Mr. Callahan: The majority were made by letter. 
 
 Mr. McGrath : How were you paid? 
 
 Mr. Callahan: The bills were paid by checks in 30 and 60 days. We 
 regarded that as cash payments. 
 
 Mr. McGrath: Were j^our business transactions with the Warden as 
 satisfactory as with your other customers ? 
 
 Mr. Callahan: Yes, sir. 
 
 Mr. McGrath : Were these purchases made with the same care to pro- 
 tect the interest of the State that a business man would his own interest? 
 
 Mr. Callahan : Yes, sir. Everything he has bought for himself was 
 paid for individually. 
 
 E. G. CALLAHAN, Secretary. 
 
 February 17, 1883. 
 
 The following is an abstract from our books of our transactions with 
 the penitentiary for the last two years : 
 
 STATEMENT OF ACCOUNT FOR 1882. 
 
 St. Louis, Mo. , February 17, 1883. 
 
 Missouri State Penitentiary, Jefferson City, Mo. , in account with Bridge & Beach 
 Manufacturing Company, Dr. 
 
 
 Cr. 
 
 Dr. 
 
 .T?m. 3 . . . . To mflrpTifl.ndisp 
 
 
 $ 40 26 
 
 7 74 
 
 13 80 
 
 49 08 
 
 Jan. 14 ... merchandise 
 
 
 Jan* 23-rtr merchandise! 
 
 
 Feb. 1 merchandise 
 
 
113 
 
 Mar. 
 
 1 ... 
 
 Mar. 
 
 9... 
 
 Mar. 
 
 28... 
 
 April 
 
 12... 
 
 May 
 
 2... 
 
 May' 
 
 5 . . 
 
 June 
 
 1 ... 
 
 July 
 
 3... 
 
 Aug. 
 
 16... 
 
 Aug. 
 
 22... 
 
 Sept. 
 
 16... 
 
 Oct. 
 
 4... 
 
 Oct. 
 
 13... 
 
 Oct. 
 
 17... 
 
 Nov. 
 
 6... 
 
 Nov. 
 
 6... 
 
 Nov. 
 
 14... 
 
 Nov. 
 
 22... 
 
 Dec. 
 
 4... 
 
 1882. Feb. 
 
 15... 
 
 April 
 
 28... 
 
 June 
 
 7... 
 
 Aug. 
 
 9... 
 
 Oct. 
 
 11... 
 
 Dec. 
 
 6... 
 
 1883- Jan. 
 
 10... 
 
 Total. . 
 
 
 To merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 merchandise 
 
 By cash 
 
 cash 
 
 Dr. 
 
 $ 28 
 
 70 
 
 23 
 
 65 
 
 4 
 
 50 
 
 3 
 
 00 
 
 49 
 
 82 
 
 2 
 
 75 
 
 5 
 
 74 
 
 51 
 
 12 
 
 16 
 
 10 
 
 14 
 
 69 
 
 14 
 
 52 
 
 21 
 
 21 
 
 50 
 
 58 
 
 14 
 
 54 
 
 3 
 
 72 
 
 49 
 
 94 
 
 30 
 
 67 
 
 2 
 
 03 
 
 10 
 
 82 
 
 $ 508 
 
 98 
 
 $ 61 80 
 49 08 
 
 cash 
 
 cash 
 
 cash 
 
 cash 
 
 cash 
 
 59 85 
 52 57 
 56 86 
 45 35 
 183 47 
 
 $ 508 98 
 
 C R P — 8 
 
114 
 
 1881. Jan. 
 
 5.... 
 
 Jan. 
 
 18 .. 
 
 Mar. 
 
 2... 
 
 Mar- 
 
 9... 
 
 April 
 
 23... 
 
 April 
 
 23... 
 
 May 
 
 24... 
 
 June 
 
 2... 
 
 July 
 
 2... 
 
 July 
 
 25... 
 
 Aug. 
 
 1... 
 
 Sept. 
 
 5... 
 
 Sept. 
 
 8... 
 
 Sept. 
 
 16... 
 
 Oct. 
 
 13... 
 
 Oct. 
 
 20... 
 
 Oct. 
 
 20... 
 
 Oct. 
 
 26... 
 
 Oct. 
 
 28... 
 
 Nov- 
 
 9... 
 
 Nov. 
 
 11... 
 
 Nov. 
 
 14... 
 
 Nov. 
 
 22... 
 
 Nov. 
 
 22... 
 
 Nov- 
 
 25... 
 
 Dec. 
 
 2 . 
 
 Dec. 
 
 7 ... 
 
 St. Louis, Mo., December 30, 1881. 
 
 
 Cr. 
 
 
 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise. 
 
 
 merchandise. 
 
 
 merchandise 
 
 
 
 
 merchandise 
 
 
 merchandise. 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 merchandise 
 
 
 
 
 Dr. 
 
 $ 81 28 
 207 86 
 27 46 
 35 
 46 06 
 
 2 70 
 21 23 
 79 68 
 16 58 
 51 50 
 31 58 
 
 56 48 
 
 3 50 
 
 57 50 
 
 15 27 
 
 31 79 
 135 68 
 
 27 04 
 
 16 04 
 23 02 
 
 5 52 
 
 1 89 
 
 2 56 
 1 26 
 
 32 24 
 41 45 
 
 17 80 
 $ 1 ,035 33 
 
115 
 
 
 
 Cr. 
 
 Dr. 
 
 1881. Mar. 28.... 
 
 By cash 
 
 $ 289 14 
 
 
 April 29 
 
 cash 
 
 27 81 
 
 
 J une 4 
 
 cash 
 
 2 70 
 
 
 June 13 
 
 cash 
 
 67 30 : 
 
 July 13.... 
 
 cash 
 
 79 68 
 
 A np* 9 - r , 
 
 pgsl} 
 
 ns ns 
 
 Nov. 10 . . . 
 
 merchandise 
 
 12 04 
 
 
 Dec. 1 — 
 
 cash 
 
 149 06 
 
 
 1882. Jan. 12.... 
 
 cash 
 
 197 74 
 
 
 Feb. 14.... 
 
 cash 
 
 141 78 
 
 
 
 
 — 
 
 $ 1,035 33 
 
 W. S. Bascom, being duly sworn, testifies as follows : I am book- 
 keeper for Geo. K. Hopkins & Co. I have been in their employ about four 
 years. 
 
 Mr. McGrath : Do you know of the business carried on between that 
 house and the Warden of the Missouri Penitentiary? 
 
 Mr. Bascom : I only know of the business through the books. This 
 book produced here is the ledger of our firm. The account with the Mis- 
 souri Penitentiary is in my writing. I am also cashier of the house. No 
 money could be sent to Mr. Willis without my knowledge and I know none 
 was ever sent. There is np entry on any of my books showing that any 
 money was ever paid to the Missouri Penitentiary or to Mr. Willlis. 
 
 W. S. BASCOM. 
 
 February 16, 1883. 
 
 John Ganter, being duly sworn, testifies as follows : I am assistant 
 secretary of the Missouri Glass Co., and have had charge of the books for 
 about seven years. I am also what mercantile houses call the credit man. I 
 know Jas. R. Willis, Warden of the Missouri Penitentiary. We have had 
 dealings with Col. Willis in furnishing supplies for the Penitentiary. I have 
 a memorandum of the accounts with the prison with me. The extent of his 
 purchases range from $10 to $85, and amount to about $600 in the past two 
 years. These purchases are made on 60 days time. The orders usualh r 
 came by mail, but sometimes the Colonel came in person. We allowed no 
 discounts on the goods purchased. 
 
116 
 
 Mr. McGrath : If any discounts were made on these purchases, would 
 you know it? 
 
 Mr. Ganter: Yes, sir, I would. 
 
 Mr. McGrath: Is this a correct abstract from your books? 
 
 Mr. Ganter: Yes, sir, and itj shows all the transactions we have had 
 with the Warden in two years. 
 
 Mr. McGrath : Did your house ever give to Col. Willis any money or 
 other valuable thing in consideration for the purchases made of you. 
 
 Mr. Ganter: No, sir. 
 
 Mr. McGrath : Or to any relative or employe ? 
 
 Mr. Ganter: No, sir. 
 
 Mr. McGrath: If these goods were purchased for cash, how much dis- 
 count would you allow on the bill? 
 
 Mr. Ganter : Five per cent. 
 
 MR. J. R. WILLIS, WARDEN, JEFFERSON CITY, MO., IN ACCOUNT WITH 
 MISSOURI GLASS COMPANY. 
 
 St. Louis, Mo., February 16, 1883. 
 
 Cr. 
 
 1881. Jan. 5.... 
 
 To merchandise . 
 
 Jan. 21 
 
 merchandise . 
 
 Feb. 2 ... 
 
 merchandise . 
 
 Feb. 14.... 
 
 merchandise . 
 
 Mar. 2.... 
 
 merchandise . 
 
 April 8 
 
 merchandise . 
 
 July 12.... 
 
 merchandise . 
 
 Aug. 3 
 
 merchandise . 
 
 Sept. 2 
 
 merchandise . 
 
 Oct. 3.... 
 
 merchandise . 
 
 Oct. 26.... 
 
 merchandise . 
 
 Nov. 4 
 
 merchandise . 
 
 Dec. 2 
 
 merchandise .. 
 
 Dec. 8 
 
 merchandise . . 
 
 1882. Jan. 4.... 
 
 merchandise . . 
 
 Feb. 1.... 
 
 merchandise . . 
 
 Dr. 
 
 $ 28 50 
 29 40 
 6 25 
 
 13 75 
 49 75 
 27 65 
 37 05 
 33 30 
 
 14 35 
 25 35 
 22 50 
 37 55 
 47 90 
 31 16 
 25 20 
 
 37 90 
 
117 
 
 
 , 
 
 Cr 
 
 Dr. 
 
 Mar 1 
 
 
 
 $ 44 18 
 
 
 
 
 35 75 
 
 
 
 
 35 70 
 
 May 3 
 
 
 
 25 15 
 
 July 1.... 
 
 merchandise 
 
 
 28 60 
 
 
 
 
 46 40 
 
 
 
 
 20 25 
 
 
 
 
 $ 613 29 
 
 1881. Mar. 28.... 
 
 By cash 
 
 $ 57 90 
 
 
 April 1 
 
 cash 
 
 20 00 
 
 
 April 29 
 
 cash 
 
 49 75 
 
 
 June 4 
 
 cash 
 
 27 65 
 
 
 An cr . 9 
 
 cash 
 
 37 05 
 
 
 • • • • 
 
 Oct. 18 — 
 
 merchandise 
 
 10 85 
 
 
 Dec . 1 — 
 
 cash 
 
 84 65 
 
 
 1882. Feb. 14.... 
 
 cash 
 
 85 45 
 
 
 Feb. 15.... 
 
 cash 
 
 25 20 
 
 
 April 13 — 
 
 cash 
 
 37 90 
 
 
 April 15.... 
 
 cash 
 
 31 16 
 
 
 June 7 
 
 cash 
 
 44 18 
 
 
 July 7 
 
 cash 
 
 35 75 
 
 
 Aug. 9 
 
 cash 
 
 25 15 
 
 
 Sept. 11.... 
 
 cash 
 
 35 70 
 
 
 Oct. 11.... 
 
 cash 
 
 75 00 
 
 
 Nov. 10.... 
 
 cash 
 
 20 25 
 
 
 
 
 
 $ 613 29 
 
 Total 
 
 
 
 
 
 
 
 
 February 16, 1883. 
 
 JOHN GANTER. 
 
118 
 
 N. O. Nelson, being duly sworn, testifies as follows : I am of the firm 
 of N. O Nelson & Co., and our business is machinery and steam and water 
 supplies. I know Col. Willis, Warden of the Missouri Penitentiary. Our 
 house has been doing business with him for the last two years. The nature 
 of it is some steam pipe and fittings and some plumbing goods. The extent 
 of our transactions were about $400. 
 
 Mr. McGrath : Have you ever given to Col. Willis, or any one for him, 
 in money or any other article of value, in consideration of his doing business 
 with your he use ? 
 
 Mr. Nelson: I have not. 
 
 Mr. McGrath: Or to any relative, employe, or any one of the firm? 
 
 Mr. Nelson: No, sir. His purchases were made by Col. Willis, both 
 in person and by mail orders. 
 
 Mr. McGrath: In selling these goods, did you sell by the list price or 
 the usual discounts that belong to the trade? 
 
 Mr. Nelson: By the discounts. 
 
 Mr. McGrath: Do those discounts appear on the bills? 
 
 Mr. Nelson: Yes, sir. 
 
 Mr. McGrath : Did you ever make any purchase from the penitentiary ? 
 
 Mr. Nelson: No, sir. 
 
 Mr. McGrath : How were your accounts paid? 
 
 Mr. Nelson : By checks drawn on St. Louis by the Exchange Bank, of 
 Jefferson City. 
 
 Mr. McGrath : Did you ever have any other money transactions with 
 Mr. Willis? 
 
 Mr. Nelson : No, sir. 
 
 Mr. McGrath: Are your books here? 
 
 Mr. Nelson : Yes, sir. They are here subject to the examination of 
 the Committee. . N. O. NELSON. 
 
 Februaruay ’16, 1 883. 
 
 John W. Gunn, being duly sworn, testifies as follows: lam of the 
 firm of Goddard, Peck & Co. , wholesale grocery merchants. I have the 
 same opportunity to know of the business transactions of the firm as any 
 other member of it. I know Jas. R. Willis, Warden of the penitentiary. We 
 have sold him goods for the penitentiary. Our goods are billed to the Mis- 
 souri penitentiary. We sell him about $500 worth of goods a month. These 
 accounts are settled in thirty days. Payments, I think, are made by draft. 
 
 Mr. Krauthoff : Did you or any member of your firm ever make any 
 purchase of Mr, Willis as Warden? 
 
 Mr. Gunn : No, sir. 
 
119 
 
 Mr. Krauthoff: Have you or any member of the firm of Goddard, Peck 
 & Co., or any person in their employ, or by their direction, ever at any time, 
 paid to Col. Willis or any member of his family or any one in his employ, 
 any rebate or other consideration by reason of any purchase made by him of 
 said firm? 
 
 Mr. Gunn : Not to my knowledge. 
 
 Mr. Krauthoff : Could it be done without your knowledge ? 
 
 Mr. Gunn : I don’t think it could. 
 
 Mr. Krauthoff: How long has the firm of Goddard, Peck & Co. been 
 in business? 
 
 Mr. Gunn : Four years last January. 
 
 Mr. Krauthoff: When did you commence selling Mr. Willis goods? 
 
 Mr. Gunn : About twelve months ago. 
 
 Mr. Krauthoff : Since when have you been connected with Goddard, 
 Peck & Co. ? 
 
 Mr. Gunn: Since the 1st of February, 1882, as a member of the firm. 
 I sell Col. Willis a good many of the goods, and Mr. Peck sells him part of 
 them. I have not made an} 7 remittances to Mr. Willis, nor has the firm to 
 my knowledge. JOHN W. GUNN. 
 
 February 16, 1883. 
 
 Johnston Beggs, being duly sworn, testifies as follow : I am of the firm 
 of Smith, Beggs & Ranken, in the machine business. I know Jas. R. Willis, 
 Warden of the Penitentiary. We have had a great deal of business with him. 
 We sold him a 150-horse-power Corliss engine and a small engine, several 
 elevators and the water works, which we reorganized and refitted, and several 
 lines of shafting with the pulleys, hangings and accompaniments. The fol- 
 lowing abstract from our books will show the extent of that business, which 
 amounts to $10,921.82. Our principal transaction with Mr. Willis was to 
 furnish him a Corliss engine with the necessary power and regularity of mo- 
 tion as would drive all the machinery for the different industries carried on 
 in the Penitentiary. This was an engine of peculiar construction, and for 
 which we made him a specification of its character, an estimate of its cost 
 and also a guarantee that it would accomplish all that we claimed for it. Mr. 
 Willis had this proposition of ours under consideration from six to nine 
 months before ordering the same, and we furnished it to him for $500 below 
 what we ould sell it to any other party. Our reason for so doing was be- 
 cause of its being in a public institution, which we believed would redound 
 to our interest more than that amount of money expended in newspaper ad- 
 vertising. I never gave to Mr. Willis or any one in his employ or any mem- 
 ber of his family any money or other article of value in consideration of his 
 making purchases of us. I consider him as honest a man as I ever met in my 
 life. On the other purchases Mr. Willis exercised the same care and judg- 
 
120 
 
 ment that any other individual would in his own interest. These transactions 
 were all on a cash basis, and paid according to our agreement and contract. 
 Our business relations with him have always been of a most satisfactory char- 
 acter. We have found him a straight-forward, honest business man. 
 
 MISSOURI STATE PENITENTIARY BOUGHT OF SMITH, BEGGS & RANKIN 
 MACHINE COMPANY, ST. LOUIS, MO. 
 
 1 880 . N ov . *26 ... . 
 
 1 boiler, p.te 
 
 Dec. 10 — 
 
 1 Carless engine 
 
 1881. Jan. 5 
 
 1 screw elevator 
 
 
 
 Jan. 18 
 
 Shaft- couplings 
 
 Feb . 21 
 
 
 Feb. 28.... 
 
 
 
 Mar. 31.... 
 
 Shafting and hangers 
 
 April 6 
 
 
 
 June 8.... 
 
 
 
 June 10 
 
 1 rmrrm 
 
 
 June 16 ... 
 
 Pulleys 
 
 
 July 16.... 
 
 Shaftin 0 * 
 
 
 Aug. 12 
 
 Shafting and hangers 
 
 Aug. 22 
 
 Cash freight paid on scrap iron 
 
 Aug. 27.... 
 
 Cash freight paid on scrap iron 
 
 Aug. 29 
 
 1 st^am pump 
 
 
 Aug. 31 ... . 
 
 1 Allen governor 
 
 Sept. 3 
 
 Cash paid for hauling scrap iron 
 
 Sept. 17 
 
 1 
 
 1 12x20 stationery engine, etc 
 
 
 1 steam pump 
 
 Sept. 28 
 
 Shafting-couplings, etc 
 
 Dec. 15.... 
 
 Shafting-couplings , etc 
 
 Dec. 28 
 
 Shafting-couplings, etc 
 
 1882. Feb. 9.... 
 
 Shafting-couplings , etc 
 
 Mar • 20 .... 
 
 Grat p bar® 
 
 April 19 
 
 Pipes , etc . , for water works 
 
 June 16 
 
 Shafting-couplings, etc 
 
 $ 635 50 
 3,500 00 
 400 00 
 444 81 
 221 25 
 153 00 
 396 72 
 87 53 
 36 45 
 132 30 
 400 00 
 31 44 
 11 42 
 115 28 
 28 00 
 134 40 
 200 00 
 75 00 
 15 20 
 1,000 00 
 200 00 
 103 80 
 126 60 
 63 50 
 121 24 
 168 00 
 1,078 08 
 134 70 
 
121 
 
 June 28 — 
 
 Shafting- couplings, etc 
 
 $ 212 99 
 
 July 15 
 
 1 shaft and fly-wheel 
 
 110 23 
 
 .... 
 
 Sundries , repairs 
 
 57 28 
 
 'T'nj'al - - - 
 
 
 $10,921 82 
 
 
 
 JOHNSTON BEGGS. 
 
 February 17, 1883. 
 
 Edward Kupferle, being duly sworn, testifies as follows: I am one of 
 the proprietors in the firm of Kupferle Bros. Manufacturing Co. I am 
 acquainted with J. R. Willis, Warden of the Penitentiary, and have furnished 
 some supplies to the amount of about $250 on his order for the Penitenthuy. 
 The account was kept with the Missouri Penitentiary. Some of these sales 
 were made by me personally and some by our salesmen. I have never made 
 any remittances to him. 
 
 Mr. Downing: In consideration of these purchases, or his buying 
 goods of your firm, have you ever given him individually or otherwise, any 
 rebates, discounts, or other consideration whatever? 
 
 Mr. Kupferle : No, sir. 
 
 Mr. Downing : Or did you ever give to any one in his employ or to 
 any member of his family any consideration whatever ? 
 
 Mr. Kupferle : No, sir. 
 
 MISSOURI STATE PENITENTIARY, BOUGHT OF KUPFERLE BROS. 
 
 St. Louis, February 16, 1883. 
 
 7 
 
 
 Dr. 
 
 Or. 
 
 1881. June 18 
 
 To merchandise 
 
 $47 00 
 
 
 • July 21 
 
 By cash 
 
 $47 00 
 
 Nov. 10 ... . 
 
 To merchandise 
 
 54 45 
 
 N ov • 22 ... . 
 
 Bv cash 
 
 54 45 
 
 1882. Jan. 4 
 
 To mp.vfVhflndisp 
 
 9 00 
 
 Jan. 31 
 
 By discount 
 
 12 24 
 
 Jan. 17 
 
 iTo merchandise 
 
 94 92 
 
 I 
 
 Feb. 14.... 
 
 By cash 
 
 9 05 
 
122 
 
 
 
 Cr. 
 
 Dr. 
 
 Jan. 19 
 
 March 24. . . 
 
 1883 . Jan .1 
 
 r pn merchandise 
 
 $ 9 05 
 
 $ 91 68 
 
 Py <>ash 
 
 Total ... ... 
 
 
 $214 42 
 
 $214 42 
 
 To merchandise 
 
 $23 90 
 
 10 00 
 
 $33 90 
 
 J an . 4 
 
 To merchandise 
 
 
 Balance due . . 
 
 
 
 EDWARD KUPFERLE. 
 
 February 16, 1883. 
 
 Anthony C. Dunlevy, being duly sworn, testifies as follows : I am 
 engaged in the sheet iron, copper and galvanized iron business. I am 
 acquainted with J. R. Willis, Warden of the Penitentiary. He has pur- 
 chased supplies for the Penitentiary from our firm to the amount of about 
 $400 within the past two years. We have never made any purchases from 
 him or remittances to him. These goods were sold by me personally, one 
 order being given by Mr. Willis in person and the rest written orders from 
 Jefferson City. 
 
 Mr. Downing: In consideration of these purchases of your firm, have 
 you ever given him individually or otherwise, any rebate or other consider- 
 ation whatever? 
 
 Mr. Dunlevy : None whatever. I considered Mr. Willis a close buyer 
 and always gave him bottom rates and never made him a present or gave 
 him any rebate of any kind. Nor did I ever give anything to any one in 
 his employ or to any member of his family. 
 
 ANTHONY C. DUNLEVY. 
 
 February 16, 1883. 
 
 Morris. J. Lippman, being duly sworn, testifies as follows : I am a 
 manufacturer of iron and dealer in manufactured iron and wagonmakers’ 
 supplies. I am a member of the fim of Graff, Bennett & Co. I Know Jas. 
 R. Willis, Warden of the Penitentiary. He has bought supplies of our firm 
 for the Penitentiary, perhaps $2,000 for the last two years. His bills during 
 that time scarcely ever exceeded $100. The account was kept with Jas. R. 
 Willis, Warden, and sometimes were paid every month and sometimes in six 
 weeks or two months. Our terms are sixty days, and they were always paid 
 within that time. The remittances were made by draft from the Exchange 
 Bank. Duplicate vouchers accompanied the draft which were signed and 
 
123 
 
 returned. I never made any remittance to him. This could not have been 
 done by any one in my employ without my knowledge. Mr. Willis at no time 
 gave me the slightest intimation that he wanted any rebate, and never said 
 anjdhing about it. 
 
 Mr. Krauthoff : Did you or anyone in your employ, or by your direc- 
 tion or with your knowledge, ever at any time give to Mr. Willis, or to any 
 member of his family, or to anyone in his employ, any rebate or other con- 
 sideration by reason of his purchase of goods of your firm? 
 
 Mr. Lippman : No, sir ; never did, nor could it have been done by any 
 one in my employ without my knowledge ; at one time we purchased a lot of 
 woodwork from him, I think ; if we did, it was credited to the account of the 
 State ; we never kept an account with Mr. Willis personally ; our books 
 are at your disposal, if you wish to examine them, and I will furnish you 
 every possible facility for so doing. 
 
 MORRIS J. LIPPMAN. 
 
 February 16, 1883. 
 
 Jos. F. Wangler, being duly sworn, testifies as follows: I am a manu- 
 facturer of steam boilers. My firm is composed of no one but myself. I am 
 acquainted with Jas. R. Willis, Warden of the Penitentiary, and have had 
 dealings with the Penitentiary, through him. I have done considerable 
 business with him, to the amount of about $5,000. These transactions and 
 purchases have been made through me. 
 
 Mr. Downing : In consideration of these purchases or his buying goods 
 of you for the Penitentiary, have you ever given him, individually or other- 
 wise, any rebate or other consideration whatever? 
 
 Mr. Wangler: ■ No, sir; I never gave him a* cent nor a cent’s worth of 
 anything. 
 
 Mr. Downing: In consideration of these transactions, have you ever 
 given anything to anyone in his employ or any member of his family, or suf- 
 fered the same to be done by any one in your employ? 
 
 Mr. Wangler: No, sir. 
 
 Mr. McGrath : Did Mr. Willis receive a proposition from you for the 
 work to be done when it was for any considerable amount ? 
 
 Mr. Wangler : Yes, sir. 
 
 Mr. McGrath : Is that the usual way for tansacting your business? 
 
 Mr. Wangler: Yes, sir; we had to compete with other parties for the 
 work, and the lowest bidder got it. 
 
 Mr. McGratath: Was your proposition in the nature of a specification 
 as to the character of the work ? 
 
 Mr. Wangler: Yes, sir. 
 
 Mr. McGrath : What was the principal character of the work you did 
 for him ? 
 
124 
 
 Mr. Wangler: Making a battery of boilers and changing the boiler 
 system at the prison ; also those large water tanks on top of the Centennial 
 building. 
 
 Mr McGrath: Did you ever buy anything from the Penitentiary? 
 
 Mr. Wangler: No, sir. 
 
 Mr. McGrath : Did you ever send any checks for money to the Warden? 
 
 Mr. Wangler: No, sir. 
 
 JOS. F. WANGLER. 
 
 February 16, 1883. 
 
 Geo. K. Hopkins, being duly sworn, testifies as follows : I am a whole- 
 sale druggist in this city, St. Louis. I am acquainted with Jas. R. Willis, 
 Warden of the Penitentiary. He has ordered supplies from our store for the 
 penitentiary. The orders were entered and filled as is the case with all 
 orders received, but were not under my special supervision. I have here 
 my general ledger showing the account with the Missouri Penitentiary. I 
 have had no personal account with Mr. Willis. These orders are signed by 
 J. R. Willis as Warden. The purchases from September 1st, 1881, to the 
 present time amount to about $2,400 or $2,500. 
 
 Mr. Downing: In consideration of these purchases, or his buying goods 
 of your firm, have you ever given him any rebates or other consideration 
 whatever ? 
 
 Mr. Hopkins : No, sir. 
 
 Mr. Downing: Could such a thing have been done without your 
 knowledge ? 
 
 Mr. Hopkins : It could not. 
 
 Mr. Downing: In consideration of these purchases, have you ever 
 given anything to any one in his employ, or to any member of his family or 
 suffered the same to be done by any one in your employ? 
 
 Mr. Hopkins : No, sir. 
 
 GEO. K. HOPKINS & CO. 
 
 February 16, 1883. 
 
 John J. Daly, being duly sworn, testifies as follows: I am engaged in 
 the stationery and printing business. I am acquainted with Jas. R. Willis, 
 Warden of the penitentiary. He has at various times purchased supplies of 
 paper and books of me, and has had some printing done. The amount is not 
 very large, and amount to $40 or $50 at a time. These purchases have gen- 
 erally been made on orders sent direct to the house, and have been filled 
 under my supervision. 
 
 Mr. Downing: In consideration of these purchases, or his buying 
 goods from your firm, have you ever given him any rebate or other consid- 
 eration whatever. 
 
125 
 
 Mr. Daly: Never, sir. 
 
 Mr. Downing: In consideration of these purchases, have you ever 
 given anything to any one in his employ or to any member of his family ? 
 
 Mr. Daly: Never, sir. 
 
 Mr. Downing: Did you ever have anyone do so for you? 
 
 Mr. Daly: Never, sir. JOHN J. DALY. 
 
 February 16. 1883. 
 
 W. P. Howard, being duly sworn, testifies as follows: I am of the 
 firm of W. P. Howard & Co., commission merchants. I know Jas. R. Willis, 
 Warden of the Penitentiary. Have known him since about 1868. Have been 
 doing business with him for the past two years, furnishing supplies for the 
 Penitentiary. I have not sold him a dollar’s worth in two years. We buy 
 for him on commission. We fill orders for wool, meat, beans, potatoes and 
 broom-corn. The meat was dry salt shoulders. My charges on these 
 purchases were per cent. I regard Mr. Willis as a man not only com- 
 petent, but also as careful in making his purchases for the best interest of 
 the State, as any business man from my experience who has had orders filled 
 through our house. The purchases made through our house have mainly 
 been paid in from thirty to sixty days. We charge interest from the date of 
 invoice at the rate of 8 per cent, per annum until paid. My business rela- 
 tions with the Warden have been equally as satisfactory as those with any 
 business man. I have never given Mr. Willis, or any member of his family, 
 or any employe or any one for him, any money or article of value in consid- 
 eration of his making purchases through our house, nor has anyone done so 
 
 for me. 
 
 W. P. HOWARD. 
 
 Jebruart 17, 1883. 
 
 F. E. Udell, being duly sworn, testified as follows : I am of the firm 
 Udell, Schmieding & Co., dealers in wholesale wooden and willow-ware. I 
 am acquainted with J. R. Willis, Warden of the Penitentiary. He has pur- 
 chased supplies of us for the Penitentiary. I have a statement of our trans- 
 actions with the prison for 1881. When the State run the broom factory, we 
 handled the greater part of its product, and sold them much of the supplies 
 for the factory. We have never given Col. Willis any rebate, discounts or 
 valuable consideration whatever in consideration for buying supplies from us. 
 All these business transactions were done with me individually. Ihese sup- 
 plies were chiefly for the broom factory, and we handled the product of the 
 factory. I don’t think we ever sent Mr. Willis a check. Our transaction were 
 settled every month by note due in sixty days, which were settled in the 
 bank here. Col. Willis never asked us to give him anything in his life, nor 
 ever intimated, when he bought anything, that he did not expect to be 
 
126 
 
 charged with it. During the year 1881, the account of the Penitentiary 
 against us each month exceeded our account against the prison. The items 
 “cash” in the account represent the amount of the goods sold by us to the 
 Penitentiary. We deducted the amount of our account from theirs the first 
 of each month and gave our note for the balance due the prison, payable in 
 sixty days. We never gave him credit for any item of merchandise that he 
 didn’t furnish. The 1st of January, 1882, the broom factory was taken 
 charge of by the Excelsior Broom Co. , and since that time our dealings with the 
 Penitentiary have been less than $50. We always found Mr. Willis a very 
 prompt business man. The aggregate amount of our purchases of the Peni- 
 tentiary during the year 1881 was about $32,500. The amount of supplies 
 purchased of us by the Warden for the Penitentiary was $6,650. When Col. 
 Willis bought anything of us for himself it was charged to him as an indi- 
 vidual, and he paid the account as an individual. 
 
 STATEMENT. 
 
 ' St. Louis, February 17, 1883. 
 
 Missouri Penitentiary in account with Udell, Schmieding & Co. 
 
 
 
 Cr. 
 
 Dr. 
 
 Jan . 31 .... 
 
 Bv merchandise account 
 
 
 $2,449 96 
 
 Feb. 7.... 
 
 To balance from 1880 
 
 $ 402 20 
 
 Feb. 10.... 
 
 Cash 
 
 571 06 
 
 
 Feb. 10.... 
 
 Bills payable 
 
 1,476 70 
 
 
 
 
 $2,449 96 
 
 $2,449 96 
 
 Feb . 3 
 
 By merchandise account 
 
 
 $2,561 00 
 
 Mar. 5 
 
 To bills payable 
 
 $2,314 60 
 
 Mar. 11 
 
 Cash 
 
 246 40 
 
 
 
 
 $2,561 00 
 
 $2,561 00 
 
 Mar. 31 
 
 By merchandise 
 
 
 $3,2S1 81 
 
 April 7.... 
 
 To bills payable 
 
 $2,295 77 
 
 April 5 
 
 Cash 
 
 986 04 
 
 
 
 
 $3,281 81 
 
 $3,281 81 
 
 April 30 . . . . j 
 
 Bv merchandise 
 
 
 $2,6o7 67 
 
 April 30 
 
 To 44 
 
 $ 1 86 
 
 
 May 10 
 
 Bills pay able 
 
 2,270 94 
 
 
 May 31.... 
 
 | . Cash 
 
 3S4 87 
 
 
 
 
 $2,657 67 
 
 $2,657 67 
 
 May 31 .... 
 
 By merchandise 
 
 
 $3,048 97 
 
 June 7 — 
 
 To bills payable 
 
 $2,450 07 
 
 June 15 
 
 Cash 
 
 596 53 
 
 
 June 21 — 
 
 Merchandise 
 
 2 37 
 
 
 
 
 $3,048 97 
 
 $3,048 97 
 
127 
 
 
 
 Or. 
 
 Dr. 
 
 
 
 
 $3,325 13 
 
 July 12.... 
 
 To bills payable 
 
 $2,991 33 
 
 Julv 30.... 
 
 Cash 
 
 330 96 
 
 , 
 
 July 30 ... 
 
 Merchandise 
 
 2 84 
 
 
 
 
 $3,325 13 
 
 $3,325 13 
 
 July 31 . 
 
 
 
 $2,739 15 
 
 Aug. 5 
 
 To bills payable 
 
 $1,995 11 
 
 Aug. 12 
 
 Cash 
 
 744 04 
 
 
 
 
 $2,739 15 
 
 $2,739 15 
 
 \ ncr . SI ... . 
 
 
 
 $3,511 40 
 
 Sept. 1 
 
 To bills payable 
 
 $3,174 04 
 
 Sept. 12 — 
 
 Cash 
 
 337 36 
 
 
 
 
 $3,511 40 
 
 $3,511 40 
 
 Sent. 30 .... 
 
 By m p.vph fl.n d i sp 
 
 
 $3,085 40 
 
 Sept. 27 ... 
 
 To bills payable : 
 
 $3,000 00 
 
 Oct. 19 — 
 
 Cash 
 
 85 40 
 
 
 
 
 $3,085 40 
 
 $3,085 40 
 
 Oct. 31 
 
 By merchandise 
 
 
 $4,528 88 
 
 Nov. 1.... 
 
 
 $3,000 00 
 
 Nov. 9 
 
 Cash 
 
 362 63 
 
 
 Nov. 16.... 
 
 44 
 
 1,165 07 
 
 
 Dec. 31.... 
 
 Merchandise 
 
 1 18 
 
 
 
 
 $4,528 88 
 
 $4,528 88 
 
 Nov. 15 .... 
 
 By merchandise 
 
 
 $1,628 03 
 
 Dec. 6 
 
 To bills payable 
 
 $782 16 
 
 Dec. 6 
 
 Cash 
 
 845 87 
 
 
 
 
 $1,628 03 
 
 $1,628 03 
 
 F. E. UDELL. 
 
 February 17 , 1883 . 
 
 B. Horton, being duly sworn, testifies as follows: I am of the firm of 
 B. Horton & Co., manufacturers of stoves, grates and mantles. I know J. 
 R. Willis, Warden of the Penitentiary; have known him about two years ; 
 have sold him grates, mantles and sheet-iron for the Penitentiary. I have 
 here copies of the bills sold to the Warden. I have never given Mr. Willis, 
 or any employe or member of his family, any money or other article of value 
 in consideration of his buying goods of us. 
 
128 
 
 J. R. WILLIS, IN ACCOUNT WITH B. HORTON & CO. 
 
 St. Louis, February 17, 1883. 
 
 
 
 Cr. 
 
 Dr. 
 
 1880. Oct. 28 
 
 
 
 $ 2 25 
 
 N ov . 9 . . . . 
 
 i i i i t i 
 
 
 13 02 
 
 1881. Aug. 19 
 
 i t ii it 
 
 
 39 10 
 
 Sept. 12 ... 
 
 tt 1 1 it 
 
 
 83 50 
 
 Sept. 27 
 
 t i 1 1 1 1 
 
 
 45 00 
 
 Nov . 1 
 
 it it it 
 
 
 28 96 
 
 Nov. 7 
 
 4 4 4 4 4 4 
 
 
 5 30 
 
 Nov. 21 
 
 4 4 4 4 4 4 
 
 
 35 09 
 
 
 
 
 $252 22 
 
 1880. Nov. 16.... 
 
 By error in grate 
 
 $ 1 52 
 
 
 Nov. 29 
 
 Cash 
 
 2 25 
 
 
 1883. Feb. 16.... 
 
 1 1 
 
 11 50 
 
 
 Nov. 22 
 
 1 1 
 
 39 10 
 
 
 Dec. 8 
 
 1 1 
 
 197 S5 
 
 
 
 
 — 
 
 $252 22 
 
 St. Louis, February 17, 1883. 
 
 
 • 
 
 Cr. 
 
 Dr. 
 
 1882. Nov. 13 
 
 To merchandise, as per bill rendered. • 
 
 
 $10 10 
 
 Nov. 28 
 
 t i ii i i 
 
 
 9 61 
 
 
 
 $19 71 
 
 Nov. 28 
 
 By cash 
 
 $10 10 
 
 
 1883. Feb. 10.... 
 
 goods returned 
 
 9 61 
 
 
 
 
 _ 
 
 $19 71 
 
 February 17 , 1883 . 
 
 B. HORTON. 
 
129 
 
 C. W. S. Cobb, being duly sworn, testifies as follows ; I am of the firm 
 of Geotz & Cobb. I know J. R. Willis, Warden of the Penitentiary. Have 
 sold him supplies for the Penitentiar} 7 . The account herewith shows all deal- 
 ings with him. 
 
 We never gave Mr. Willis or any one in his employ, or any member of 
 his family any money or other consideration by reason of his purchasing 
 supplies from us. 
 
 Mr. JAS- R. WILLIS, WARDEN, JEFFERSON CITY, MO., IN ACCOUNT 
 
 WITH GOETZ & COBB. 
 
 
 
 Dr. 
 
 Cr. 
 
 1881. May 21 
 
 350 bu. Gl. lime at 18c, No. 2547*. 
 
 
 $63 00 
 
 June 20 
 
 350 bu • Gl • lime , at 20c , 2582 • • 
 
 
 70 00 
 
 July 8 
 
 350 bu. Gl* lime, at 20c, 2522 •• 
 
 
 70 00 
 
 July 20 
 
 350 bu. Gl. lime at 20c, 2549.. 
 
 - 
 
 70 00 
 
 August 12 
 
 25 bis. L. cement, at $1.15 
 
 
 28 75 
 
 August 23 ... . 
 
 350 bu. Gl. lime, at 22c, 2523.. 
 
 | 
 
 i 
 
 77 00 
 
 October 12... 
 
 350 bu . Gl- lime, at 22c, 2528.. 
 
 
 77 00 
 
 
 
 
 $455 75 
 
 1 881 . .Tiinp In 
 
 Ry o.{\ sb 
 
 Sfi3 00 
 
 
 July 21 
 
 By cash 
 
 70 00 
 
 
 September 19. 
 
 By cash 
 
 175 75 
 
 
 Nov. 22 
 
 By cash 
 
 147 00 
 
 
 
 
 $455 75 
 
 $4o5 7o 
 
 C. W. S. COBB. 
 
 February 17, 1883. 
 
 J. F. Imbs, being duly sworn, testifies as follows: lam a merchant 
 miller. I am acquainted with Jas. R. Willis, Warden of the Penitentiary, 
 and have furnished him at three different times supplies for the Penitentiary, 
 as appears from the bills herewith submitted as part of mv testimony. 
 
 Mr. Downing: In consideration of these purchases, or his buying 
 goods of your firm, have you ever given him, individually or otherwise, any 
 rebates, discounts or other consideration whatever? 
 
 c r p — 9 
 
130 
 
 Mr. Imbs : Never. Nor any member of his family nor any one in his 
 employ. 
 
 Mr. McGrath : How did Mr. Willis make these purchases ? 
 
 Mr. Imbs: In the regular way on ’Change. He bought the goods with 
 the same care for the interest of the State that any other business man would 
 to his own interest, and we found Mr. Willis as complete an expert in the 
 purchases of these goods as any of our other customers ; in fact, more so. 
 Our business with him has been on a cash basis, and our dealings with him 
 in every particular as satisfactory as with any of our customers. We found 
 him as well posted in the current prices of flour as the general run of our 
 customers. 
 
 MISSOURI STATE PENITENTIARY IN ACCOUNT WITH J. F. IMBS & CO. 
 
 St. Louis, February 17, 1883. 
 
 
 
 Dr. 
 
 Cr. 
 
 1881 . August 5. . • 
 
 Nov. 22 
 
 1882. Jan. 28.... 
 
 Ano*. 1 ... 
 
 To merchandise 
 
 $344 95 
 
 684 80 
 
 
 To merchandise 
 
 
 q'n interest 
 
 6 84 
 
 225 00 
 
 
 To m pmh nnrlisp. 
 
 
 
 
 1881. Aug. 10.... 
 
 1882. Jan. 28.... 
 
 Oct 11 
 
 Tly p.ji sh 
 
 $344 95 
 
 691 54 
 
 iBy cash * 
 
 
 By cash 
 
 
 225 00 
 
 
 
 
 
 
 $1,261 59 
 
 $1,261 59 
 
 St. Louis, August 5th, 1881. 
 
 I. & S- L. , 480 4-sacks star flour, at 874c 
 6255 less freight 
 
 $420 00 
 82 80 
 $337 20 
 7 75 
 $344 95 
 
 One barrel bouquet patent flour 
 

 131 
 
 St. Louis, November 22d, 18S1. 
 
 
 $800 00 
 
 115 20 
 
 Less freight — — 
 
 
 
 
 $684 80 
 
 August 1st. 18S2. 
 
 50 barrels Our Choice flour, at $4.50 1 
 
 $225 00 
 
 J. F. IMBS. 
 
 February 17 , 1883 . 
 
 John W. Harrison, being duly sworn, testifies as follows : I am of the 
 firm of Shickle, Harrison & Howard Iron Co. ; I herewith submit an abstract 
 of all our transactions with the Warden of the Penitentiary ; we never gave 
 the Warden or any one in his employ or any member of his family any 
 money, or other article of value in consideration of his making purchases of 
 us; our business relations with the Warden have always been as satisfactory 
 as with any other of our customers. 
 
 MISSOURI STATE PENITENTIARY, BOUGHT OF SHICKLE, HARRISON & 
 
 HOWARD IRON CO. 
 
 St. Louis, February 17, 1883. 
 
 1881. Oct. 4 
 
 To merchandise — sales book of 1881 — folio 297-. 
 
 $78 00 
 
 1 
 
 Oct. 14 
 
 44 44 44 44 309.. 
 
 1 385 00 
 
 Dec. 13-14 
 
 44 “ 1881-2 44 48.. 
 
 1 ,126 55 
 
 1882. Jan. 23 
 
 “ ‘ “ 44 103.. 
 
 12 4S 
 
 Mar. 3-27 
 
 “ “ 41 44 138.. 
 
 102 00 
 
 Mar. 3-27 
 
 44 * 4 . a 146<> 
 
 33 90 
 
 May 11 
 
 44 44 44 44 222 .. 
 
 8 60 
 
 Oct. 2-25 
 
 44 44 1882-3 44 5.. 
 
 16 70 
 
 $1,763 23 
 
 February 17 , 1883 . 
 
 JOHN W. HARRISON. 
 
132 
 
 A. A. Mellier, being duly sworn, testifies as follows: “I am a whole- 
 sale druggist. I am acquainted with Jas. R. Willis, Warden of the Missouri 
 Penitenitiary. He has made some purchases from me for the Penitentiary, 
 but they were small ones. These purchases were made by order, which were 
 filled under my direction. In consideration of these purchases. I have never 
 given him any rebate, or to any one in his employ, or to any member of his 
 family. 
 
 Mr. McGrath: Why did he leave off purchasing from your house? 
 
 Mr. Mellier: Because of personal friendship for a young man who was 
 formerly in my employ but who has taken an interest in another house. Mr. 
 Willis has almost entirely ceased to trade with me. From my experience in 
 dealing with Col. Willis, I have no reason to believe that it was for any other 
 consideration than that of friendship. In selling goods to the Warden we 
 always sold at wholesale prices. He bought as cheap from our house as any 
 body else could buy who bought in such quantities. 
 
 A. A. MELLIER. 
 
 February 16, 1883. 
 
 E. Argo, being duly sworn, testifies as follows : I am secretary of the 
 Laclede Fire Brick Co. I came in response to a subpoena issued for Mr. T. 
 T. Green, who is not there now. I have as good facilities for knowing of 
 the business of the company as he had, and better. I know r Col. Willis, 
 Warden of the Penitentiary. 
 
 Mr. McGrath : What business transactions have you had with the Peni- 
 tentiary, and what was the ’extent of them? 
 
 Mr. Argo : Mr. Willis has bought sewer pipe and fire brick from our 
 concern. During the year 1880 and 1881, he bought $1,108.59 worth of 
 sewer pipe and fire brick of that class of us, wiiich we shipped to him to the 
 Penitentiary at Jefferson City. This is the full extent of our business re- 
 lations within that time. 
 
 Mr. McGrath : What discounts do you allow off of your list price. 
 
 Mr. Argo : The discounts vary according to the size and chacter of the 
 goods. In making out our bills we charge the list price and deduct the dis- 
 count, all of which appears on the bills. 
 
 Mr. Grath: Did you have any business transactions with the Warden 
 other than those shown by this abstract? 
 
 Mr. Argo: No, sir. 
 
 Mr. McGrath : Did you ever give to the Warden money or any article 
 of value in consideration of his doing business w r ith j^our firm? 
 
 Mr. i^rgo: We did not. 
 
 Mr. McGrath: Or to any other person for him? 
 
 Mr. Argo: No, sir. 
 
133 
 
 Mr. McGrath : Did any member of your firm do so ? 
 
 Mr. Argo : No, sir. 
 
 Mr. McGrath: Could this be done without your knowledge? 
 
 Mr. Argo: It could not and show on the records of the firm. 
 
 Mr. McGrath : How were you paid for those goods ? 
 
 Mr. Argo : By sight draft. 
 
 Mr. McGrath : In what time ? 
 
 Mr. Argo : I think they were all paid for within 60 days ; the price 
 was paid in cash and the goods were sold as low as we could seb to any one. 
 
 J. R. WILLIS. BOUGHT OF LACLEDE FIRE BRICK MANUFACTURING CO. 
 
 St. Louis, February 16, 1883. 
 
 
 
 Dr. 
 
 Cr. 
 
 1880. March 3.... 
 
 To merchandise as per bill rendered 
 
 .$100 00 
 
 
 Oct. 27.... 
 
 4 4 4 4 4 4 
 
 139 50 
 
 
 Dec. 6 — 
 
 - 
 
 15 00 
 
 
 1881. Feb. 17.... 
 
 4 4 4 4 4 4 
 
 30 00 
 
 
 Mar. 16.... 
 
 4 4 4 4 4 4 
 
 30 00 
 
 
 Mar. 21.... 
 
 4 4 4 4 4 4 
 
 58 80 
 
 
 June 11.... 
 
 “ 
 
 125 00 
 
 
 J uly 8 ... 
 
 4 4 4 4 4 4 
 
 126 50 
 
 ■ • i 
 
 July 22.... 
 
 4 4 4 4 4 4 
 
 3 50 
 
 j 
 
 July 26 
 
 4 4 4 4 4 4 
 
 2 40 
 
 
 July 28.... 
 
 4 4 4 4 4 4 
 
 300 00 
 
 
 Aug. 6 
 
 “ 
 
 1 64 
 
 
 Aug. 12 
 
 “ 
 
 75 
 
 
 Aug. 18 
 
 (t Ct 44 
 
 40 
 
 
 Aug. 25 
 
 i t 4 4 4 4 
 
 144 00 
 
 
 Sept. 24 
 
 
 31 10 
 
 
 Mar. 17 
 
 By cash 
 
 
 $100 00 
 
 Nov . 30 .... 
 
 cash 
 
 
 139 50 
 
 J a n . 25 .... 
 
 cfl «h 
 
 
 15 00 
 
 April 15 ... . 
 
 cash 
 
 
 118 80 
 
 July 26 
 
 merchandise returned 
 
 
 2 40 
 
134 
 
 
 
 Cr. 
 
 Dr. 
 
 July 21.... 
 
 Sept. 1 — 
 
 Sept. 20 — 
 
 Nov, 22.... 
 
 By cash 
 
 
 $ 125 00 
 
 30 00 
 
 546 79 
 
 31 10 
 
 freight , 
 
 
 cash 
 
 
 cash 
 
 
 
 
 
 
 $1,108 59 
 
 $1,108 59 
 
 E. ARGO. 
 
 February 16, 1883. 
 
 Samuel R. Newsom, being duly sworn, testifies as follows: I am in the 
 wholesale grocery business with the firm of Green, Lockwood & Co. Have 
 been with them since the first of February, 1882. Prior to that time I was 
 principal manager of Nave & McCord. They quit business January 1, 1882. 
 They were in the wholesale grocery business in this city. I know Col. Willis, 
 Warden of the Penitentiary. He purchased supplies for the Penitentiary 
 from Nave & McCord. His purchases in 1881, amounted to about $750 a 
 month. I sold him all the goods myself, every dollars worth he bought in 
 the house during that time. There were never any remittances made by the 
 firm of Nave <$z McCord to Jas. R. Willis as Warden or individually. We 
 purchased brooms of Mr. Willis. When he paid his accounts, he was credited 
 with the account for the brooms and paid the balance. I am satisfied they 
 never sent him a check. This could have been done without my knowledge, 
 but I don’t think it is probable. 
 
 Mr. Krauthoff: So far as you know, did any member of the firm of 
 Nave & McCord or any person in their employ or by their direction ever give 
 to Mr. Willis or any member of his family or any person in his employ, any 
 rebate or other consideration by reason of any purchases made by him of 
 said firm ? 
 
 Mr. Newsom: No, sir. 
 
 Mr. Krauthoff: If such had been done would you have known it? 
 
 Mr. Newsom : I would most certainly have known it. 
 
 Mr. Krauthoff: Was there ever at any time paid to Mr. Willis any 
 greater or other amount for the goods purchased of him, than that at which 
 they were billed? 
 
 Mr. Newsom: No, sir. Our sales to the Penitentiary always exceeded 
 our purchases of them. Nave & McCord had two business houses in St. 
 Joe, one under the firm name of Nave, McCord & Co., and the other C. D. 
 
135 
 
 Smith & Co. Also one at Kansas City, the firm being, McCord, Nave & Co. 
 The Nave, McCord & Co. house at St. Joe, bought brooms from the Warden. 
 I don’t think Mr. Willis bought any goods of them. The goods bought by 
 the St. Joe house were not credited on the account of purchases made here. 
 The St. Joe house did their own buying and selling. Whatever goods they 
 bought of the Penitentiary they remitted for themselves. We never sent him 
 any checks or made any remittences from the St. Louis house. The St. Joe 
 house probably did send him some checks in payment for their purchases. 
 The business of the St. Joe house and the St. Louis house were kept entirely 
 separate. Mr. Willis made his purchases from us in person. Our goods 
 have always been sold for 30 days or one per cent, off for cash. 
 
 Mr. McGrath : Have you brought an abstract from your books of your 
 account with the Wrden? 
 
 Mr. Newsom : No, sir. 
 
 Mr. McGrath: Why have you not? 
 
 Mr. Newsom: Because I have none of their books in my posses- 
 sion, because the firm went out of business in January, 1882, being succeeded 
 by Green, Lockwood & Co. Mr. Nave settled up the affairs of the firm him- 
 self. Neither he nor any member of the firm is in the chy, and the books of 
 the old firm are not in our possesion. Mr. Willis is not trading with our 
 house. The account of Nave, McCord & Co., was kept with the Missouri 
 Penitentiary, and the goods were marked that way. All purchases made by 
 him were charged to that account and all purchases made of him were 
 credited to it. In our dealing with the Warden we regarded him as com- 
 petent to purchase goods, and he made the purchases with the same care for 
 the interest of the State that a merchant would to his ow r n interest. He 
 always got the bottom prices. Our business relations have been as satis- 
 factory with him as Vith any of our customers. 
 
 SAMUEL R. NEWSOM. 
 
 February 17, 1883. 
 
 W. A. Hargadine, being duly sworn, testifies as follows : I am of the 
 firm of Crow, Hargadine & Co., wholesale dry goods merchants. 
 
 Mr. McGrath: Do you know J. R. Willis, Warden of the Penitentiary? 
 
 Mr. Hargadine: Yes. 
 
 Mr. McGrath: Have you had any business transactions with him? 
 
 Mr. Hargadine: My firm has had business transactions with Jas. R. 
 Willis, Warden from June 3, 1878, to the present time. 
 
 Mr. McGrath : State the value of these transactions ? 
 
 Mr. Hargadine : The following abstract will show the extent of our 
 dealings from January 1, 1881 : 
 
136 
 
 MR. J. R. WILLIS, WARDEN, IN ACCOUNT WITH CROW, HARGA- 
 
 DINE & CO. 
 
 1881. Jan. 4... 
 Feb. 1... 
 Mar. 3... 
 Mar. 8... 
 April 2 . . . 
 May 4 . . . 
 May 11... 
 June 3... 
 July 2 . . . 
 J uly 5 . . . 
 Aug. 2... 
 Aug. 2... 
 Aug. 2... 
 Sept. 3... 
 Sept. 3... 
 Sept. 15... 
 Sept. 19. . . 
 Sept. 21 . . . 
 Sept. 26. . . 
 Oct. 12... 
 Oct. 22... 
 Nov. 1... 
 Nov. 8... 
 Nov. 14... 
 Nov. 15-.. 
 Nov. 17... 
 Nov. 26 .. 
 Dec. 5... 
 Dec. 13... 
 
 To merchandise, 60 
 
 Cr. 
 
 Dr. 
 
 $296 46 
 371 20 
 159 07 
 2 60 
 483 71 
 292 77 
 
 195 82 
 
 bill Singer Manufacturing Co 
 merchandise, 60 
 
 i i 
 
 493 54 
 296 98 
 3 00 
 264 86 
 159 25 
 
 bill Singer Manufacturing Co 
 
 merchandise, 60 
 
 bill Libby & Williams 
 
 merchandise , 60 
 
 ; i 
 
 “ 90 
 
 2 25 
 301 38 
 
 3 60 
 32 97 
 
 122 50 
 6 83 
 80 
 963 00 
 19 50 
 
 60 
 
 760 53 
 537 92 
 42 00 
 122 92 
 425 84 
 29S 08 
 686 56 
 
 532 43 
 
137 
 
 
 Dec. 
 
 15. . . 
 
 
 Dec. 
 
 29... 
 
 
 Dec. 
 
 31... 
 
 1882. 
 
 Jan. 
 
 3... 
 
 
 Feb. 
 
 1... 
 
 
 Feb. 
 
 1... 
 
 
 Mar. 
 
 1... 
 
 
 Mar. 
 
 8... 
 
 
 May 
 
 2... 
 
 
 June 
 
 2... 
 
 
 June 
 
 24... 
 
 
 June 
 
 26... 
 
 
 July 
 
 3... 
 
 
 Aug. 
 
 2... 
 
 
 Sept. 
 
 5. • . 
 
 
 Oct. 
 
 5... 
 
 
 Oct. 
 
 11... 
 
 
 Oct. 
 
 12... 
 
 
 Nov- 
 
 2... 
 
 
 Nov. 
 
 10... 
 
 
 Nov. 
 
 27... 
 
 
 Dec. 
 
 7... 
 
 
 Dec. 
 
 30... 
 
 1883. 
 
 Jan. 
 
 2... 
 
 
 Jan. 
 
 13... 
 
 
 Feb. 
 
 1... 
 
 
 Feb. 
 
 6... 
 
 
 Feb. 
 
 9... 
 
 
 Feb. 
 
 9... 
 
 merchandise 
 
 bill Simmons Hardware Co . 
 merchandise , 60 
 
 Cr. 
 
 paid postage. 
 
 from J anuary 1 
 
 Dr. 
 
 $ 696 75 
 32 40 
 286 23 
 304 61 
 12 00 
 544 41 
 245 89 
 167 50 
 256 46 
 446 09 
 205 55 
 20 21 
 141 83 
 421 60 
 44 56 
 300 15 
 1 00 
 26 
 
 396 80 
 161 44 
 152 06 
 778 32 
 706 90 
 151 35 
 139 58 
 117 69 
 18 00 
 159 00 
 2 00 
 
 $14,789 01 
 
138 
 
 1881. Mar. 
 
 28. 
 
 April 
 
 1 . 
 
 April 
 
 29. 
 
 June 
 
 4. 
 
 June 
 
 13. 
 
 J uly 
 
 13. 
 
 Aug. 
 
 9. 
 
 Dec. 
 
 1 
 
 Dec. 
 
 31. 
 
 1882. Jan. 
 
 12. 
 
 Mar. 
 
 15. 
 
 April 
 
 28. 
 
 July 
 
 6. 
 
 Aug. 
 
 3. 
 
 Aug. 
 
 9. 
 
 Sept. 
 
 9. 
 
 Oct. 
 
 12. 
 
 Nov. 
 
 10. 
 
 Nov- 
 
 8. 
 
 Dec. 
 
 6. 
 
 1883. Jan. 
 
 10. 
 
 Feb. 
 
 8. 
 
 By cash 
 
 merchandise, ail’d on rej. stripes, 
 
 casli 
 
 note, due April 5, 1882 
 
 cash . ? 
 
 md ’ se (1 p. awning border , ret ’ d , 
 44, at 13c.) 
 
 cash 
 
 md’se l 1 P* Peking ret’ d. .$7.31. 1 
 ma se /ldoz.h’dk'fs, “ $3. / 
 
 “ (1 lb. Belding tailor twist, 
 
 returned 
 
 cash 
 
 md’se (1 bale Ornab’g, returned. 
 1263, at 8,) 
 
 cash 
 
 md’se (24 yards shirt studding, re- 
 turned, at 75c.) 
 
 Balance due us . 
 
 Cr. 
 
 Dr. 
 
 $296 
 
 46 
 
 371 
 
 20 
 
 161 
 
 67 
 
 483 
 
 71 
 
 488 
 
 59 
 
 493 
 
 54 
 
 299 
 
 98 
 
 894 
 
 44 
 
 56 
 
 48 
 
 982 
 
 50 
 
 2,817 
 
 38 
 
 1,852 
 
 41 
 
 969 
 
 80 
 
 5 
 
 72 
 
 256 
 
 46 
 
 10 
 
 31 
 
 8 
 
 50 
 
 1 
 
 813 
 
 68 1 
 1 
 
 101 
 
 08 
 
 450 
 
 13! 
 
 901 
 
 87 
 
 18 
 
 00 
 
 $12,733 91 
 $2,055 10 
 
 Mr. Downing: How were these purchases made? 
 
 Mr. Hargadine : These purchases were chiefly made by Mr. Willis in 
 person. We never made any remittances to Mr. Willis nor allowed him 
 an}" discounts nor any rebates nor any commissions on purchases made by 
 him personally or by order. We have never given him any valuable consid- 
 
139 
 
 eration or to any one in his employ or to any member of his family, or 
 suffered the same to be done by any one in our employ, and it could not be 
 done without our knowledge, nor we don’t allow any such transactions. 
 
 Mr. McGrath : Were the goods that you have sold to the Warden such 
 goods as are sold at a list price with a certain discount off? 
 
 Mr. Hargadine : The bills rendered at the time of purchase will show 
 the whole transaction and correspond with the books. When we sold any- 
 thing on which there was a discount, it was entered on the bills and the State 
 reaped the benefit. 
 
 Mr. McGrath : How have you been paid for those purchases ? 
 
 Mr. Hargadine: We have regarded our sales to the Warden as cash 
 transactions ? 
 
 Mr. McGrath : Did you regard Mr. Willis to exercise the same care iU 
 making purchases for the State as a prudent business man would do for him- 
 self ? 
 
 Mr. Hargadine: Yes, sir; and further, he is the most careful and par- 
 ticular man who has ever been in our house, holding a public trust. 
 
 Mr. McGrath : What do you mean by cash transactions as mentioned 
 above ? 
 
 Mr. Hargadine : Cash transactions are bills paid in ten days. 
 
 Mr. McGrath : Then, your accounts with the Warden are what you call 
 open accounts? 
 
 Mr. Hargadine : Yes, sir. 
 
 W. A. HARGADINE. 
 
 February 17, 1883. 
 
 Edward C. Simmons, being duly sworn, testifies as follows: I am pres- 
 ident of the Simmons Hardware Co., and am engaged in the hardware 
 business. I have known Jas. R. Willis, Warden of the Penitentiary, for five 
 or ten pears. He has purchased supplies for the Penitentiary at our house. 
 He has purchased probably $1,000 from us in two years. They have been 
 made largely by mail orders and partly through our Secretary. 
 
 Mr. Downing: In consideration of these purchases or his buying goods 
 of your firm, have you ever given him, individually or otherwise, any rebates, 
 discounts or other consideration whatever? 
 
 Mr. Simmons: No, sir. Nothing whatever. 
 
 Mr. Downing: In consideration of these purchases, have you ever 
 given anything to anyone in his employ or to any member of his family? 
 
 Mr. Simmons. Nothing. 
 
 .Mr. Downing: Did any one in your employ or by your direction ever 
 do so ? 
 
 Mr. Simmons : No, sir. 
 
140 
 
 Mr. Downing : State whether or not any rebates or discounts were ever 
 allowed on bills purchased by him for the State ? 
 
 Mr. Simmons: We have allowed him the same discounts that we allow 
 other customers, which discounts appear on the bills and for the benefit of 
 the State. 
 
 Mr. Downing: Were any discounts ever allowed him in any case where 
 the State did not receive the benefit of such discount? 
 
 Mr. Simmons : No, sir. 
 
 Mr. McGrath : From your business relations with Mr. Willis, do you 
 regard him as a fair business man? 
 
 Mr. Simmons: Yes, sir; he is as close a buyer as the average of our 
 customers. 
 
 Mr. McGrath : How have you been paid for those goods? 
 
 Mr. Simmons : Within thirty and sixty days ; if paid within ten days 
 we would have given a discount of 2 per cent, on the 60-day bills ; we conduct 
 a large retail business in connection with our wholesale business, and Mr. 
 Willis, when making purchases, has frequently gone into the retail depart- 
 ment and bought some little things, which he always paid for out of his own 
 pocket ; many of our wholesale customers make these retail purchases, and 
 many of them ask that the} r be not charged to them, but Mr. Willis has never 
 done so ; this has been prominently brought to our attention that he has 
 always avoided this thing. 
 
 EDWARD C. SIMMONS. 
 
 February 16, 1883. 
 
 Lewis M. Rumsey, being duly sworn, testifies as follows : I am Presi 
 dent of the L. M. Rumsey Manufacturing Co., and engage in manufacturing 
 and merchandising; I am acquainted with Jas. R. Willis, Warden of the 
 Penitentiary and have furnished supplies to the Penitentiary ; I herewith 
 submit a transcript of my books from the time Mr. Willis commenced deal- 
 ing with us to the present time ; the account was kept with the Missouri 
 Penitentiary ; Mr. Willis usually made his purchases in person, sometimes 
 buying from me and sometimes from my employes ; he generally looked all 
 around town before purchasing and is a very close buyer ; sometimes the 
 purchases were made by mail orders ; I have never made any remittances to 
 Mr. Willis by draft or otherwise ; we never had an account with Mr. Willis 
 except as shown on these abstracts ; we never paid him any commissions on 
 any bills purchased of us ; if we have ever allowed him any rebate or dis- 
 count the abstract will show it ; some of our goocfe are sold by list prices 
 with a certain discount off, all of which is shown on the bills and conse- 
 quently accrues to the benefit of the State ; we have never made Mr. Willis, 
 or any of his family, or any one in his employ any present to the value of a 
 
141 
 
 cent in consideration of his making purchases of us ; the only inducement 
 he had to buy goods of us was that we sold him goods as cheap as anyone 
 else ; he came to our house of his own accord and the only inducement he 
 could have was as herein above stated. 
 
 Mr. McGrath : Did Mr. Willis purchase goods with the same care to 
 protect the interest of the State that a prudent business man would to pretect 
 his own interest? 
 
 Mr. Rumsey : Mr. Willis, in his purchases, always seemed to be posted 
 in the price of goods ; I never knew him to order any article, in making a 
 bill of goods, until a price had been established to his satisfaction and he 
 used more than usual care and judgment in the purchase of his goods, both 
 as regards quality and price, to the minutest detail. 
 
 Mr. McGrath : Did anyone in your employ give Mr. Willis any money 
 or present in consideration of these purchases ? 
 
 Mr. Rumsey: No, sir. 
 
 Mr. McGrath : Could this be done without your knowledge ? 
 
 Mr. Rumsey: No, sir; our business relations with Mr. Willis have 
 been very satisfactory. 
 
 MISSOURI STATE PENITENTIARY JEFFERSON CITY, MO., IN ACCOUNT 
 WITH L. M. RUMSEY MANUFACTURING COMPANY, ST. LOUIS, 
 MO., (No. 1.) 
 
 1880. 
 
 Nov. 
 
 19... 
 
 
 Dec. 
 
 20... 
 
 1881. 
 
 Jan . 
 
 14... 
 
 
 Jan. 
 
 25... 
 
 
 Feb. 
 
 1 ... 
 
 
 Feb. 
 
 3... 
 
 
 Feb. 
 
 7... 
 
 
 Feb. 
 
 12 . . . 
 
 
 May 
 
 2... 
 
 
 May 
 
 18... 
 
 
 May 
 
 21... 
 
 
 May 
 
 23 .. 
 
 
 May 
 
 25... 
 
 
 May 
 
 28... 
 
 JTo merchandise 
 
 | 
 
 4 ; 
 
 I 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 * 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 1 
 
 Cr. 
 
 
 I 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Dr. 
 
 $ 33 74 
 114 97 
 72 61 
 33 04 
 12 67 
 
 6 98 
 
 7 09 
 39 07 
 
 4 22 
 323 30 
 36 42 
 10 50 
 55 32 
 
 58 65 
 
142 
 
 1881. 
 
 
 
 Cr 
 
 
 
 
 
 
 
 
 
 
 •Tn tip, 9 . . . . 
 
 
 
 .rnnp 10.... 
 
 
 
 .Tune 11 .... 
 
 
 
 
 • 
 
 
 
 4 4 < 
 
 
 
 
 
 4 lino 24 .... 
 
 i i 
 
 
 June 23 .... 
 
 4 4 
 
 I 
 
 July 15 ... . 
 
 4 4 
 
 
 July 22 
 
 4 4 
 
 
 A UO' . 10 ... . 
 
 4 4 
 
 
 Jan. 10.... 
 
 By cash 
 
 $ 33 74 
 
 April 15 
 
 4 4 
 
 286 43 
 
 June 13 ... . 
 
 l 4 
 
 I 
 
 96 07! 
 
 June 23 
 
 “ 
 
 1 
 
 393 34 
 
 June 24 
 
 “ 
 
 14 55 
 
 July 21 ... 
 
 4 4 
 
 153 24 
 
 Aug. 9 
 
 4 4 
 
 7 80 
 
 Aug. 22 
 
 1 merchandise 
 
 47 60 
 
 Sept. 20 
 
 cash 
 
 109 80 
 
 Dr. 
 
 $ 1 00 
 
 2 72 
 7 80 
 
 104 78 
 17 83 
 
 3 70 
 14 55 
 
 2 60 
 2 60 
 2 90 
 16 11 
 44 96 
 38 65 
 73 79 
 f 1,142 57 
 
 $ 1,142 57 
 
 Total 
 
143 
 
 Missouri State Penitentiary Jefferson City, Mo., in account with L. M. Kumsey 
 Manufacturing- Company, St. Louis, Mo., (No. 2.) 
 
 | 
 
 Cr. 
 
 Dr. 
 
 1881. Sept. 2.. 
 Sept. 8.. 
 Sept. 12.. 
 Oct. 11.. 
 Oct. 27-. 
 Nov. 25.. 
 Dec. 5.. 
 Dec. 6.. 
 Dec. 8.. 
 Dec. 10.. 
 Dec. 23.. 
 Dec. 24.. 
 Dec. 31.. 
 
 1882. Jan. 7 • 
 Jan. 28.. 
 Feb. 4.. 
 Mar. 6.. 
 Mar. 15.. 
 Mar. 17.. 
 Mar. 28.. 
 Mar. 30.. 
 Mar. 31.. 
 April 4 . . 
 April 8 . . 
 April 10 . . 
 April 12.. 
 April 13 • • 
 April 14 . . 
 April 15. . 
 
 To merchandise 
 
 i . 
 
 i i 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 
 $ 1 35 
 14 95 
 28 34 
 10 75 
 116 78 
 8 25 
 5 00 
 12 75 
 
 4 50 
 73 13 
 
 212 65 
 8 44 
 
 5 95 
 53 00 
 
 6 06 
 21 64 
 
 5 50 
 2 81 
 5 50 
 47 32 
 
 12 45 
 1 20 
 
 13 85 
 51 14 
 18 67 
 80 68 
 
 2 50 
 79 91 
 2 50 
 
 
144 
 
 
 
 Cr. 
 
 Dr. 
 
 1882. \pril 17 
 
 To morohandisp. 
 
 
 $ 8 80 
 
 April 25 
 
 4 4 
 
 
 4 50 
 
 April 26 
 
 “ 
 
 
 24 
 
 April 27 ... 
 
 4 4 
 
 
 25 
 
 April 28 ... . 
 
 “ 
 
 
 1 60 
 
 May 12 
 
 4 4 
 
 
 10 80 
 
 May 16.... 
 
 
 
 12 50 
 
 May 20 
 
 4 4 
 
 
 3 50 
 
 
 
 
 43 55 
 
 
 
 
 4 35 
 
 
 4 4 
 
 
 260 50 
 
 
 
 
 129 29 
 
 
 4 ; 
 
 
 29 21 
 
 .Tn np In 
 
 i i 
 
 
 37 67 
 
 Tii np 1 
 
 4 4 
 
 
 46 65 
 
 U UilC JLU**** 
 
 Jnnp OQ 
 
 
 
 78 25 
 
 O IIIIC i-iO • • • • 
 
 Jnnp 9fi 
 
 4 4 
 
 
 2 63 
 
 »/ tine £j\j • • • 
 
 July 7.... 
 
 “ 
 
 
 5 70 
 
 
 4 4 
 
 
 6 00 
 
 
 
 
 
 
 
 
 $ 1,607 96 
 
 1881. Sept. 20.... 
 
 By cash 
 
 $ 16 30 
 
 
 Xov. 22.... 
 
 4 4 
 
 127 53 
 
 
 1882. Jan. 11.... 
 
 ^ 1 
 
 304 98 
 
 
 Jan. 19,... 
 
 1 1 
 
 28 34 
 
 
 Jan. 24.... 
 
 merchandise 
 
 7 42 
 
 
 Mar. 27.... 
 
 < t 
 
 4 00 
 
 
 Mar. 30 
 
 cash 
 
 4 31 
 
 
 May 13.... 
 
 merchandise 
 
 4 50 
 
 
 June 7 
 
 cash 
 
 157 00 
 
 
 J uly 7 
 
 1 1 
 
 258 54 
 
 
 July 24.... 
 
 merchandise 
 
 77 20 
 
 
145 
 
 
 
 Cr. 
 
 1882. Aug. 5.... 
 
 To merchandise 
 
 $ 25 
 
 Aug. 9 ... 
 
 cash 
 
 70 35 
 
 Oct. 11.... 
 
 - 
 
 24 44 
 
 Oct. 11 ... 
 
 44 
 
 522 80 
 
 Dr. 
 
 $ 1,607 96 
 
 Missouri State Penitentiary Jefferson City, Mo., in account with L. M. Rumsey 
 Manufacturing Company, St. Louis, Mo., (No. 3.) 
 
 1 
 
 
 Cr. 
 
 Dr. 
 
 1882. Oct. 21 
 
 To merchandise 
 
 
 $ 15 55 
 
 Oct. 28 
 
 
 
 33 35 
 
 Nov. 10 
 
 . 
 
 
 11 27 
 
 Nov. 15 
 
 4 4 
 
 
 192 25 
 
 Nov- 17 ... > 
 
 
 
 19 10 
 
 Nov. 21 
 
 
 
 7 68 
 
 Dec . 7 . . . 
 
 
 
 113 83 
 
 Dec . 15 
 
 4 4 
 
 
 11 93 
 
 Dec. 30 
 
 4 4 . 
 
 
 14 05 
 
 
 
 
 $ 419 01 
 
 1883. Jan. 5.... 
 
 By merchandise 
 
 $ 4 00 
 
 
 Balance 
 
 
 
 $ 415 01 
 
 
 • 
 
 
 L. M. RUMSEY. 
 
 February 17 , 1883 . 
 
 Laclede J. Howard, being duly sworn, testifies as follows: I am of 
 the firm of Evans & Howard, and engage in the manufacture of fire-brick, 
 clay pipe, etc.; I am business manager in the city; I have seen Jas. R. 
 Willis Warden of the Penitentiary, but am not personally acquainted with 
 
 c k p — 10 
 
146 
 
 him ; he has purchased supplies from our house ; I have here a memoranda of 
 his transactions with us from 1880 to the present time, it being an abstract 
 from our books; our business amounts to $671.20, as shown by the abstract, 
 which I make as part of my testimony ; I never gaveto the Warden or to any- 
 one in his employ, or to any member of his family, any money or other val- 
 uable consideration by reason of his purchases from us ; the goods purchased 
 from us were purchased with the same care as any other business man would 
 purchase them, and we sold to him from our list price with the usual dis- 
 counts, as will appear from our bills rendered at the time of the transactions, 
 such discounts going to the benefit of the State. 
 
 MISSOURI PENITENTIARY, J. R. WILLIS, WARDEN, IN ACCOUNT WITH 
 
 EVANS & HOWARD FIRE BRICK CO. 
 
 ♦ 
 
 
 
 Dr. 
 
 Cr. 
 
 1880. Jan. 10 
 
 1 barrel D. M. lire clay 
 
 $3 00 
 
 
 Mar. 17 
 
 Pairl cash 
 
 
 $3.00 
 
 1881. Nov. 28 
 
 150 ps. 12-inch sewer pipe, at $1.50.. 
 
 225 00 
 
 
 Nov- 28.... 
 
 12 ps. 6x12 Y. junction, at $3.00... 
 
 36 00 
 
 
 Nov. 28.... 
 
 12 ps. G-inch curve, at $1.00 
 
 12 00 
 
 
 N o v • 28 .... 
 
 Credit by 65 per cent, off, $273 . 00 
 
 
 177 45 
 
 N ov • 28 ... • 
 
 12 barrels D. M. fire clay, $2.50 
 
 30 00 
 
 
 Nov. 28.... 
 
 3,500 No. 1 square fire brick, at $23.00 
 
 80 50 
 
 
 Nov. 30 ... 
 
 1 ps. 6x6 T. junction 
 
 1 20 
 
 
 Nov. 30.... 
 
 Credit by 65 per cent, off $1.20 
 
 
 78 
 
 Nov. 30.... 
 
 150 ps. 6-iucli sewer pipe, at 60c 
 
 90 00 
 
 
 Nov. 30.... 
 
 25 ps. 4-inch sewer pipe, at 40c 
 
 10 00 
 
 
 Nov. 30 
 
 6 ps. 6-inch sewer curves, at $1.00 
 
 6 00 
 
 
 Nov. 30.... 
 
 5 ps. 4-inch sewer curves ,\ at 60c. 
 
 3 00 
 
 
 
 Credit by 65 per cent, off $109.00 
 
 
 70 85 
 
 IN U V • OU • • • • 
 
 1QQO Top 11 
 
 1 
 
 Paid cash I 
 
 
 244 62 
 
 lOOiJ • l) clll • 11.... 
 
 Mar. 3... 
 
 125 ps. 6-inch sewer pipe, at 60c j 
 
 75 00 
 
 Mar. 3.... 
 
 4 ps. 6x6 Tee junction, at $1.20 
 
 4 80 j 
 
 
 Mar. 3.... 
 
 Credit by 65 per cent, off $79.80 
 
 
 
 51 85 
 
 Mar. 24.... 
 
 35 ps. 42-inch 'sewer pipe, at $1.50.. 
 
 52 50 
 
 
 Mar. 24.... 
 
 Credit by 65 per cent . off $52.50 
 
 I 
 
 34 10 
 
147 
 
 
 
 Dr. 
 
 Cr. 
 
 April 28 
 
 Paid cash 
 
 
 $ 46 35 
 
 June 20.... 
 
 25 ps. 6-inch sewer pipe, at 60c 
 
 $ 15 00 
 
 
 June 20.. . 
 
 1 ps. 6-inch curve 
 
 1 00 
 
 
 June 20 
 
 Credit by 65 per cent, off $16.00 
 
 
 10 40 
 
 July 7.... 
 
 25 ps . 6-inch ^sewer L pipe , at 60c 
 
 15 00 
 
 
 July 7... 
 
 6 ps. 6-inch Tees, at $1.20 
 
 7 20 
 
 
 July 7 
 
 4 ps. 6-inch curves, atj $1.00 
 
 4 00 
 
 
 J uly 7 
 
 Credit by 65 per cent, off $26.20 
 
 
 17 03 
 
 Juno 28 .... 
 
 p^jd oa^ 1 
 
 
 5 60 
 
 Aug. .9 
 
 Paid cash 
 
 
 9 17 
 
 $671 20 
 
 $671 20 
 
 LACLEDE J. HOWARD. 
 
 February 17, 1883. 
 
 H. L. Fox. being duly sworn, testifies as follows: I am a member of 
 the firm of H. L. Fox & Co., and engage in general manufacturing and 
 manufacturing supplies ; have been in business here about fourteen years ; I 
 am acquainted with Jas. R. Willis, Warden of the Penitentiary; have 
 known him about nine years ; we have furnished him with a great many 
 supplies during the last two years ; have made shipments to him nearly every 
 month, our accounts sometimes running up to $300 or $400 a month and 
 sometimes but $40 to $50 a month. 
 
 Mr. Downing: In consideration of these purchases, or his buying- 
 goods of. you, have you ever given him any rebate or other consideration 
 whatever? 
 
 Mr. Fox : None whatever ; all of his purchases have been made 
 
 through me. 
 
 Mr. Downing: In consideration of these purchase, have you ever 
 given anything to anyone in his employ or any member of his family? 
 
 Mr, Fox : I have never given any consideration of any kind for Mr. 
 Willis’ purchases or any one else. 
 
 Mr. Downing: Did you ever have anyone to do so for you? 
 
 Mr. Fox : No, sir ; I have known Mr. Willis intimately in a business 
 sense for ten years and have had business with him as Warden for six years, 
 and I have always found him a straight, forward and honest business man 
 
148 
 
 and I regard the management of the Penitentiary under his charge as being 
 an exceptionally successful one ; I say that now, as a business man and 
 possessing myself a very intimate knowledge of the business affairs of the 
 Missouri Penitentiary, having at one time been the manager of the leasing 
 company of that institution, I regard the management of that institution, 
 to make it a self-supporting one in any sense, and to be run at no cost to the 
 State, as a gigantic undertaking for any man and any man who would 
 accomplish that result, I would regard him as a business man of extra- 
 ordinary ability. 
 
 Mr. Britts: Have your accounts been kept with Mr. Willis personally? 
 
 Mr. Fox: No, sir, with the Missouri Penitentiary. 
 
 Mr. Downing: Have you sent Mr. Willis, Warden of the Penitentiary, 
 any checks for money within the last two years ? 
 
 Mr. Fox : I think not ; we have bought heavy railroad brooms from 
 the Penitentiary and this account might have been larger than ours at some 
 time and a check sent him by us, in payment of the balance, but I don’t 
 remember any such instance ; to the best of my recollection, the balance of 
 the account was always in my favor, as the abstract hereto attached will show : 
 
 MISSOUKI STATE PENITENTIARY, IN ACCOUNT WITH H . L. FOX & CO. 
 
 February 17, 1883. 
 
 
 Dr. 
 
 
 
 1881 . March 1 . . 
 
 To balance as per statement rendered. 
 
 $170 26 
 
 
 Mar. 1-30.. 
 
 merchandise as per bills rendered . . 
 
 35 98 
 
 
 April 1-30. • 
 
 4 4 4 4 
 
 789 77 
 
 
 May 1-30.. 
 
 “ 
 
 718 74 
 
 
 June 1-30.. 
 
 
 S90 29 
 
 - 
 
 July 1-30.. 
 
 “ - P 
 
 166 25 
 
 
 Aug. 1-30.. 
 
 “ “ 
 
 • 158 55 
 
 
 Sept. 1-30.. 
 
 “ 
 
 4 77 
 
 
 Oct. 1-30.. 
 
 
 2 92 
 
 
 Nov. 1-30.. 
 
 “ 
 
 211 39 
 
 
 Dec. 1-30.. 
 
 4 4 4 4 
 
 283 36 
 
 
 1882. Jan. 17.. 
 
 
 18 70 
 
 
 Feb. 23.. 
 
 “ 
 
 149 46! 
 
 Mar. 1-23.. 
 
 “ 
 
 140 89 
 
 
 April 1.24.. 
 
 
 388 38 
 
 
 i 
 
149 
 
 
 Dr. — C sntinued. 
 
 
 1882. May 15-29.. 
 
 To merchandise as per bill rendered.. 
 
 $ 55 38 
 
 June 15-29. . 
 
 
 206 74 
 
 July 15-29. . 
 
 “ 
 
 40 
 
 July 15-29. . 
 
 
 115 33 
 
 Aug. 2-26.. 
 
 “ 
 
 738 42 
 
 Sept. 2-23.. 
 
 V 
 
 109 75 
 
 Oct. 3-30.. 
 
 
 21 23 
 
 4883. Jan. 13.. 
 
 
 13 90 
 
 - 
 
 
 Ck. 
 
 
 Mar. 1-3.. 
 
 By merchandise as per vour bills 
 
 $82 90 
 
 April 14.. 
 
 cash 
 
 206 24 
 
 April 30.. 
 
 merchandise . 
 
 80 24 
 
 April 30 . . 
 
 merchandise 
 
 65 89 
 
 May 30.. 
 
 merchandise 
 
 53 50 
 
 May 30.. 
 
 merchandise 
 
 80 25 
 
 May 30 . . 
 
 merchandise 
 
 1 00 
 
 June 11.. 
 
 cash 
 
 117 48 
 
 June 11.. 
 
 cash 
 
 229 12 
 
 June 20.. 
 
 cash 
 
 789 77 
 
 July' 13.. 
 
 cash 
 
 43 34 
 
 July 21 . . 
 
 cash 
 
 209 40 
 
 Aug. 9.. 
 
 cash 
 
 737 47 
 
 Sept. 20.. 
 
 cash 
 
 74 69 j 
 
 Nov. 14.. 
 
 merchandise 
 
 5 55 
 
 Nov. 30.. 
 
 merchandise 
 
 267 35 
 
 Dec. 30.. 
 
 merchandise 
 
 5 72 
 
 1882. Jan. 10.. 
 
 cash 
 
 323 53 
 
 Feb. 15.. 
 
 
 18 40 
 
 Mar. 23.. 
 
 cash 
 
 138 66 
 
 April 29.. 
 
 merchandise 
 
 30 78 
 
 May 1.. 
 
 merchandise | 
 
 30 
 
150 
 
 
 Cr — C ontinued . 
 
 
 
 1882. June 7.. 
 
 By cash 
 
 $ 185 32 
 
 
 July 7.. 
 
 cash 
 
 382 81 
 
 
 July 31 . . 
 
 merchandise 
 
 24 00 
 
 
 Aug. 9.. 
 
 cash 
 
 55 38 
 
 
 Oct. 1.. 
 
 merchandise 
 
 53 00 
 
 
 Oct. 14.. 
 
 cash 
 
 758 75 
 
 
 Nov. 9.. 
 
 cash 
 
 298 47 
 
 
 Dec. 11.. 
 
 cash 
 
 35 67 
 
 
 Dec. 11.. 
 
 merchandise 
 
 75 
 
 
 
 
 
 $5,355 1 \ 
 
 1883. Feb. 1.. 
 
 To balance due 
 
 
 $35 i: 
 
 H. L. FOX. 
 
 Jesse W. Henry, being duly sworn, testifies as follow's: “1 am in the 
 grocery business, and have been engaged in it about a year; I am acquainted 
 with Jas. R. Willis, Warden of the Penitentiary. 
 
 Mr. Downing: State whether or not Jas. R. Willis, Warden, has pur- 
 chased any supplies from you for the Penitentiary? 
 
 Mr. Henry: Yes. It will average about $100 a month. 
 
 Mr. Downing: In consideration of these purchases, or his buying 
 goods of you, have you ever given him any rebate or other consideration 
 whatever? 
 
 Mr. Henry : I have not. 
 
 Mr. Downing: In consideration of these purchases, have you ever 
 given anything to any one in his employ, or to any member of his family? 
 
 Mr. Henry : I have not. 
 
 Mr. Downing: Did you ever have any one else to do it for you? 
 
 Mr. Henry: No sir. JESSE W. HENRY. 
 
 February 14, 1883. 
 
 G. H. Dulle, being duly sworn, testifies as follows; “I am in the 
 milling and flour business. 
 
 Mr. Downing : State whether or not Jas. R. Willis has purchased from 
 you any supplies for the penitentiary ? 
 
 Mr. Dulle: Yes, sir; he buys nearly all of his flour from us; this 
 amounts to 48 or 50 barrels a month ; last year I sold him some hay. 
 
151 
 
 Mr. Downing: In consideration of these purchases, or his buying 
 goods of you, have you ever given him or his family any rebate or other 
 consideration whatever? 
 
 Mr. Dulle : Never a nickle sir, nor nothing. 
 
 Mr. Downing: Do you know of anyone in your employ ever giving him 
 anything for you? 
 
 Mr. Dulle : No sir. G. II. DULLE. 
 
 February 14, 1883. 
 
 John T. Craven, being duly sworn, and examined, says: u I am en- 
 gaged in the grocery business in this city ; I read W. S. Pope’s article in the 
 Globe-Democrat of date January 20, 1883 ; I never gave W. S. Pope any of 
 the information contained in this letter ; I never knew of any irregularities 
 on the part of Mr. Willis in his management of the penitentiary, and I never 
 at any time told Mr. Pope that there was any irregularities of any descrip- 
 tion whatever ; I never told him at any time that they were using any cut 
 meat or tainted meat there, and I have only heard of such things through 
 Mr. Pope ; I never heard any farmer in my store tell anything about the 
 Warden permitting the State teams to be used on his brother’s farm in Calla- 
 way count} 7- , in the presence of Mr. Pope or any one else. 
 
 Mr. Downing: State whether or not Mr. Willis has purchased any sup- 
 plies from you for the Penitentiary within the past two years? 
 
 Mr. Craven: He has, to the extent of $2,570.85. 
 
 Mr. Downing : In consideration of these purchases, or his buying goods 
 of you, have you ever given him any discount, rebate or other consideration 
 
 whatever. 
 
 Mr. Craven : I never have. 
 
 Mr. Downing: Or have you ever given anything to any member of his 
 family or to any one in his employ? 
 
 Mr. Craven : I have given Mrs. Willis on one occasion a box of straw- 
 berries, and on another a turkey for Thanksgiving; I do this with all of my 
 good customers. 
 
 Mr. Downing : Have you ever given anything else other than the articles 
 mentioned in your last answer? 
 
 Mr. Craven: No, sir. JOHN T. CRAVEN. 
 
 February 20, 1883. 
 
 P. II. Riley, being duly sworn, testifies as follows: I reside here and 
 have lived here since 1865 ; I am acquainted with Jas. R. Willis, the Warden ; 
 have known him since Gov. Woodson’s inauguration. 
 
 Mr. Downing: State whether or not, you have furnished Jas. R. Willis, 
 the Warden of the Penitentiary, any clothing, of nny kind or description 
 
152 
 
 for the use of the Penitentiary or the convicts therein within the last two 
 years ? 
 
 Mr. Riley : I furnished, some time within the last 6 or 8 months, some 
 six or seven suits of second handed clothing for which I received $60. 
 
 Mr. Downing : Was the clothing* referred to in your last answer 
 furnished by you or ordered through you from some other place? 
 
 Mr. Riley : I furnished them myself on order of Mr. Willis. 
 
 Mr. Downing : Did you have any arrangement of any kind with the 
 Warden by which the profits or commissions on these goods were to be 
 divided between yourself and the Warden? 
 
 Mr. Riley: No, sir, never ; I don’t know that Mr. Willis ever spoke to 
 me about them ; I never gave him any rebate or any consideration whatever. 
 
 Mr. McGrath : Did you ever have any conversation with anyone per- 
 taining to matters now under investigation before this committee? 
 
 Mr. Riley : I never had'. 
 
 Mr. McGrath: Your business is that of merchant tailor? 
 
 Mr. Riley: Yes, sir. 
 
 Mr. McGrath : Have you ever heard any conversation of any kind 
 regarding this matter? 
 
 Mr. Riley: No, sir. 
 
 Mr. McGrath: Have you ever had directly or indirectly any business 
 connections or dealings with the Warden on any other matters besides cloth- 
 ing for the Penitentiary? 
 
 Mr. Riley: Never, sir. 
 
 P. H. RILEY. 
 
 Januahy 25, 1883. 
 
 Mr. Riley returned and stated that at one time he furnished a $35 suit 
 of clothes for a convict who had been a book-keeper at the Penitentiary ; he 
 received a warrant from the State Auditor in payment for them. 
 
 Nick E. Miller, being duly sworn, testifies as follows: “I am book- 
 keeper in the Exchange Bank and was formerly cashier ; I am acquainted 
 with Jas. R. Willis, Warden of the Penitentiary; have known him probabty 
 10 years ; he does his banking business with the Exchange Bank ; his ac- 
 count was kept as Warden ; he has never kept an individual account ; I know 
 Wm. Meyers ; he was collector while I was cashier and kept one set of books. 
 
 Mr. McGrath : Did you ever have any conversation with him, regarding 
 checks which came to your bank from parties with whom the Warden was 
 doing business. 
 
 Mr. Miller: No sir, I don’t remember any special conversation at all. 
 
153 
 
 Mr. McGrath: Do you remember at any time his calling your attention 
 to small checks amounting to from $100 to $300; being returned to the 
 Warden from parties to whom he had sent drafts. 
 
 Mr. Miller* No sir, I do not; we have handled any number of checks 
 for Mr. Willis, varying from $20 to $1,000 ; but 1 do not know on what they 
 were predicated ; they went to his account as Warden ; sometimes he- cashed 
 them ; there was never any suspicious circumstances connected with any 
 check I have handled for Mr. Willis. 
 
 Mr. McGrath : Do you remember having a conversation with Mr. 
 Meyers in which you both mutually expressed wonder and surprise that Mr. 
 Willis should be receiving checks from St. Louis or elsewhere, from parties 
 from whom he had been purchasing goods. 
 
 Mr. Miller : No, I don’t remember any conversation of that kind. 
 
 Mr. McGrath: Will your bank books show all transactions with the 
 Warden for the past two years. 
 
 Mr. Miller : Yes sir, at least they will show all deposits and checks. 
 
 Mr. McGrath: Do you think the pass book of Mr. Willis would show 
 more completely the transactions than the books of the bank. 
 
 Mr. Millea : It would, inasmuch as it would show the separate items of 
 each deposit ; I have not noticed any irregularity in the management of the 
 financial affairs of the prison by Mr. Willis, and so far as I know he is a 
 square, straight forward business man ; I have no recollection of ever having- 
 received any check from him at which I expressed surprise ; I know of no 
 , instance when Mr. Willis received any checks from parties to whom he had 
 sent drafts ; I have no means of knowing to whom Mr. Willis does send 
 drafts, as they are all made payable to J. R. Willis, Warden. 
 
 Mr. McGrath : How long have you known Meyers. 
 
 Mr. Miller : I have known him since he was a boy. 
 
 Mr. McGrath : What is his reputation for truth and veracity. 
 
 Mr. Miller : I have found him ordinarily truthful in everything ; the 
 officers of the bank all had confidence in him ; he did his work faithfully and 
 well and there was never any complaint at all. 
 
 Mr. McGrath: Was his opportunity of acquiring knowledge of these 
 things equal or superior to yours. 
 
 Mr. Miller : No sir, they were not equal to mine ; I regard him as a 
 young man of very high prejudice and I don’t think he had any great per- 
 sonal admiration of Mr. Willis ; I know at one time his father, and Mr. Willis 
 had a misunderstanding that prejudiced young Meyers against Mr. Willis; 
 whether that would influence his testimony in any matter where Mr. Willis 
 was concerned or not, I do not know. 
 
 NICK E. MILLER. 
 
 February 22, 1883.