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Q. Do you invariably report to the agent every case of this charecter?

A. I do every case of any importance.

Q. Do you know of any convict going away from the table without having sufficient food?

A. I have had them come to me and say that they did not have enough. I always supplied them in such cases.

Q. Have you waiters who go among the convicts at meal time, to supply those who desire more than is put upon their plates?

A. I have, at breakfast and dinner. The convicts take their supper in their cells, which consists of mush or rice and molasses, or bread and molasses, according to the taste of the convict.

Q. Have you inflicted any punishments since you have been keeper; if so, in what manner?

A. I have, by showering, dungeon, and shaving the head.

Q. Do you know of any cases where convicts have been injured by punishment.

A. I do not.

Q. When you first came here, how were the rations supplied, and how are they now?

A. When I first came, by contract; they are now supplied by the agent, and I think the change was made in 1849.

Q. Which way of supply do you regard as preferable?

A. The supply by the agent I regard as far preferable.

Q. Do you know of any case where a convict has died from any other cause than ordinary disease.

A. I do.

Q. What other cases?

A. There have been two convicts drowned in the river; one in an attempt to get away, I think. The other got off the dock, I suppose for the purpose of learning to swim. There have been two or three killed, one by being caught in the engine in the shop, and another by the bursting of a grindstone. In each of the above cases, a coroner's inquest was held.

Q. Do you know, have you any reason to believe, or have you heard it reported that at any time since you have been here, the death of any convict has been superinduced by punishment inflicted npon him?

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A. I do not know, have not any reason to believe, nor have I heard anything of the kind.

Q. Have you any suggestions to make in regard to the food and health of the convicts?

A. I have none.

Oct. 21.

Munson J. Lockwood recalled:

Q. How are your purchases for the prison made, on credit or for cash?

A. Some for cash and some on credit, I always pay cash when I have it.

Q. Do you think any appropriation from the State will be necessary to defray the current expenses of the current year of this prison? A. I think not from the present appearances of the finances of this prison.

Q. Do you think any appropriation will be necessary to pay the prior indebtedness of this prison; if yea, what amount?

A. The $14,000 appropriated last winter was not sufficient to pay the indebtedness of this prison prior to October 1, 1850, into something like $4,000, or near that amount, of which sum of $4,000 I have paid from the earnings of the year ending Sept. 30, 1851, about $2,500, leaving about $1,700 now due of said old debts as follows:

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Q. Have any other than ordinary expenses been incurred by this prison during the last fiscal year; if so, state what?

A. There have; I have built two new shops, one of stone with slate roof, the other of part stone, and the rest of wood; they have been paid for, and cost about $3,500.

Q. Are any other than ordinary expenses in contemplation to be incurred during the fiscal year commencing Oct. 1, 1851?

A. None that I know of, except a small building for offices for the chaplain and warden, which will cost about $1,500, taking into the account the labor of convicts in building; this is intended to be paid out of the receipts of the prison.

Q. Do you make your purchases for supplies on as favorable terms on credit as you do for cash?

A. Some articles I do, such as clothing, &c., but provisions I think I can purchase on better terms for cash than on credit.

Q. Are convicts allowed to do overwork for pay?

A. They are in some of the shops.

Q. Have you ever heard any complaints from convicts growing out of this overwork, or of injuries from overwork?

A. I have not; the overwork is voluntary on the part of the convicts, they are not compelled to do overwork.

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A. The convicts, as I presume; since I have been here I have refused to receive it on deposit for the convicts?

Q. Have convicts been allowed to receive this pay and retain it in their hands?

A. I think not; but the contractor keeps the account and pays the convict when his sentence has expired, as I am informed; I have seen them paid in a number of instances.

Q. Do you personally purchase the supplies for this prison?

A. I do.

Q. Are all the provisions purchased of a wholesome and good quality?

A. They are, and if after delivery any are found not to be so, it is immediately returned; I feed mess pork and mess beef, and have done so since I have been agent, and I regard it more econominal than any other grades of pork or beef.

Q. Are you in the habit of visiting the kitchen daily and personally inspecting the provisions purchased, to ascertain if they are the same as purchased by you?

A. I am, except when absent from town.

Q. How many cells are there in this prison?

A. One thousand in the male prison, and eighty-one in the fe

male.

Chauncey J. Smith sworn.

Q. Where do you reside?

A. White Plains, Westchester Co.

Q. Have you been agent of the Sing Sing Prison, and during what period?

A. I have; from January, 1848, to January, 1849.

Q. Who was your successor in office?

A. Alfred R. Booth.

Q. Was the railroad through the prison yard constructed during your agency?

A. It was commenced during the time I was agent.

Q. Who had the contract for its construction?

A. Messrs. Grant & Cobb.

Q. What were the terms to be paid by them for convict labor, as named in the contract made by them with the State for the construction of said portion of said railroad?

A. I think it was 60 cents per day for each convict.

Q. Did the contractors pay this price?

A. They did so long as I was agent.

Q. Was there a rule entered in the minute book of the Board of Inspectors, directing the agent to reduce the price per day of the men on said contract to 40 cents?

A. There was a rule entered by the Inspector in charge, Mr. Comstock, on the 6th day of December, 1848, as follows:

"The agent was directed to charge Cobb & Grant 40 cents per day for the railroad men on and after the 15th day of November last."

Q. Did you comply with this rule while you was agent?

A. I did not; but charged for the men 60 cents per day; but I find on the 162d page of the annual report of the Inspectors of State Prisons, made to the Legislature January 4, 1850, the sum of $377.20 was refunded by my successor A. R. Booth to Grant & Cobb, for over charge during November and December, 1848, which I believe to be the difference between 40 and 60 cents per day for the labor of convicts employed by said Cobb & Grant during said months of November and December, 1848.

Q. Were any reasons given to you by the Inspector in charge for this reduction in price?

A. There was something said to me, but whether before or after the rule I cannot state, that a greater number of men were employed in the quarries than could be profitably employed during the cold weather, and that possibly Grant & Cobb would decline going on with their contract until spring, when the days would be longer, and they could get a larger amount of labor for each convict per day.

[The time books for the convicts employed on the railroad contract, show, that during the months of January, February and March, 1S49, the contractors were charged 40 cents per day for labor, and that during January, February, March, certain other contracts were let at 30 cents per day to said railroad contractors.]

Q. While you were agent, were convicts ever employed at labor on Sunday?

A. There were a few at work one Sunday morning turning water on the embankment to wash off the dirt from the rocks; Mr. Wells, the warden, and a keeper, were with them. This was while the railroad was being constructed through the prison ground.

Q. Was you in the habit of being in and about the prison during your term of office?

A. Yes sir; generally speaking I was in every day.

Q. Do you know that the warden or any of the keepers ever struck any convict with a cane or other instrument?

A. I know of but one instance; the case was a black man who

refused to go in the shower bath; the warden struck him with a hickory cane, on the head I think, and the blow took the bark off the cane.

Q. Did you ever witness any cruel punishments?

A. I consider the shower bath a very cruel punishment. I have seen several showered in the winter when the water was so cold it froze on the floor as it fell. There would be chunks of ice in the barrel at the time.

Q. Have you ever seen any officer of this prison intoxicated while on duty?

A. I think I have; one person, a number of times, he is now dead. There were others in the habit of drinking while not on duty, so as to impair their usefulness as officers.

Q. Which do you consider the best mode of furnishing provisions for the convicts, by contract, or under the direction of the agent. A. Under the direction of the agent.

Q. Did you ever have any difficulty with contractors while you were agent, as to the amount of work to be performed by convicts; if so, please state the nature of it?

A. I had, with Hotchkiss and Smith. They found fault with the quantity of work performed by their men. They complained that the men were not required to perform as much work as they could easily do.

Q. Do you know any other matter relating to the management or affairs of this prison, which you wish to communicate?

A. At present, I do not.

Minot M. Wells sworn.

Q. Are you the chaplain in the Sing Sing Prison, if so during what time?

A. I am, and have been since April 1, 1851.

Q. What portion of your time do you devote to your duties?

A. I usually spend one-half of each day at the prison, during the week days; on Sundays I hold service in the male chapel, also in the female chapel, in the morning and in the afternoon generally I hold service in the hospital, and visit convicts on the gallerys.

Q. Do you visit the convicts at their cells during the week?
A. I am not in the habit of so doing.

Q. What number of books are there in the prison library, and what is there condition?

A. They have not been examined since I have been here, and I don't know the number, except from the report of the last chaplain. There are enough to supply all the convicts, at least a book for each.

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