In prosecuting our inquiries as to the truth or falsity of this charge, as well as that of all the others, we have taken the sworn statements of a large number of witnesses.

Mrs. Amelia Zimmermann was committed to the State Prison, on a life sentence, in the year 1871. When received at the State Prison she gave in her age at 42 years. The alleged abortion in the case of Mrs. Zimmermann, is charged to have occurred in May, 1873. There is no disagreement between Mrs. Zimmermann's own testimony and that of the other witnesses, as to the fact of her illness at this time; nor is there any disagreement as to her physical condition for several months prior. However, Mrs. Zimmermann denies that she was enciente at this time or at any time during her prison confinement.

In helping us to reach our conclusions upon this point, we were aided by the skill and experience of several able physicians, among whom were Dr. H. L. Butterfield, who is at present the prison physician, and who has acted in that capacity for a number of years past; also Dr. D. W. Moore, of Waupun, a physician of large experience and extended practice; and also Dr. C. H. Harney, a convict of the prison, a physician of acknowledged ability, who has acted as hospital steward of the prison for the last four or five years, and who attended Mrs. Zimmermann during all her illness at the time of this alleged abortion or miscarriage.

Besides the testimony of these experts, we have been aided by that of others in determining matters of fact. And while it was impossible for us to satisfy our minds beyond a doubt as to whether or not Mrs. Zimmermann was actually in a state of pregnancy at the time referred to, yet from all the evidence, we are constrained to believe she was. We have no evidence, however, that goes to prove that she was assisted by other parties to produce the alleged abortion. Although we prefer to rest this charge, at this point, with this brief expression of opinion, yet this opinion is not given without a candid and thorough consideration of all the facts and the evidence. And in support of or conclusion, we must refer without quoting, to the testimony in the case, all of which is herewith submitted.

SECOND SPECIFICATION.

It is charged that Charlotte Lamb, at present a convict of the prison, is in a state of pregnancy, the child having been begotten during the mother's confinement in the State Prison; and that said

Charlotte Lamb, in February last, attempted, and was assisted in the attempt to produce an abortion.

Mrs. Lamb was committed to the prison on the 11th day of June, 1873, on a life sentence, on conviction of the crime of murder; and since that time she has been a convict in the female prison. The only question to be settled with reference to this charge, is the alleged fact that Mrs. Lamb was assisted in the attempt to procure an abortion. All controversy as to her pregnancy, as alleged, was set at rest at the birth of her child about the first of October last. Mrs. Lamb swears that the natural father of her prison-born child is one Hiram Schoonover, and from an abundance of other evidence, we have no doubt but that Mrs. Lamb swears truthfully upon this point.

Mrs. Lamb further swears that when she first discovered her true condition, she attempted to rid herself of the child, as she was determined never to bear it. To accomplish this purpose, she testifies upon her oath, that she was furnished with instruments and medicine, by the matron of the female prison, Mrs. Martha Cliff. This statement of Mrs. Lamb is very strongly corroborated by the testimony of two other witnesses, who claim to have positive personal knowledge of the fact.

So much of the testimony of these last mentioned witnesses as implicates Mrs. Cliff, is expressly and emphatically denied by Mrs. Cliff herself. We shrink from recording a conclusion that may reflect upon the character of any innocent person; and, in determining the facts in this case, we shall go to the full extent of that legal rule, that gives the accused the benefit of whatever doubt exists.

The testifying witnesses against Mrs. Cliff are convicts of the female prison; and the character of the witnesses may throw doubt upon the testimony they have given. Mrs. Cliff is entitled to the benefit of that doubt. However, it may be said, in behalf of these accusing witnesses, that it was difficult to detect a motive for their testifying falsely. And again, the testimony agrees upon all essential points with such precision as to strengthen the belief that Mrs. Cliff, perhaps innocently, yet actually encouraged this attempt at abortion, from the effects of which Mrs. Lamb was confined to her bed by sickness for two weeks, and narrowly escaped losing her life.

The testimony in this case shows that the regular Prison Physician, Dr. H. L. Butterfield, was not called during the sickness of

Mrs. Lamb, which followed her attempt at abortion. This seems to have been a disregard of the rules, which required that word should always be left at the main prison office in case of sickness at the female prison. The evidence is conclvsive, that there was a studied and concerted effort, highly censurable, on the part of the subordinate officers, to withhold the facts in the case of Mrs. Lamb from the Commissioners.

THIRD SPECIFICATION.

It is charged that such laxity of discipline prevailed at the prison as afforded opportunity for criminal association of the male and female prisoners.

The truth of this charge follows inevitably from our conclusions in the first and second specifications. There can be no question but that there was a want of proper discipline in the management of the female department of the State Prison, during Mr. Wheeler's administration. Certain irregularities might occur under the most perfect management; yet it does seem to us that proper vigilance on the part of the prison authorities would have prevented the disreputable occurrences, rumors of which have filled the public press for the past year, with scandal, to the discredit and disgrace of the state. However, it is fair to say, that these irregularities were, in a great measure, the legitimate result of the old system of prison management, whereby the Commissioner was so overworked that the immediate details of prison discipline were left to the supervision of subordinate officers and attendants. Under the new law, the executive duties which formerly fell upon the Commissioner alone, are now shared between the Warden and Board of Directors; thus affording the Warden more time to personally direct and superintend the affairs of the prison.

FOURTH SPECIFICATION.

It is charged that one of the officers of the prison has been guilty of improper and immoral conduct toward certain female convicts. Three witnesses in this case have testified that they had positive personal knowledge of criminal intimacy between Mr. B. H. Bettis, (late Deputy Warden under Commissioner Wheeler,) and two of the female convicts. The convicts, charged with being implicated, were Mrs. Charlotte Lamb and Mrs. Amelia Zimmerman. The accusing witnesses are three convicts, Jason D. Breed, Hiram Schoon

over and James Walter. In their testimony, these witnesses enter into considerable detail, in describing places, persons and dates.

The first of these witnesses, Breed, who perhaps has made the most positive statement against Mr. Bettis, is at present serving out a sentence, in the prison, on conviction of the crime of rape. Mr. Bettis was foreman of the grand jury that indicted Breed on the charge of which he was found guilty.

Hiram Schoonover, another witness, who testifies against Mr. Bettis, is a life convict, and the putative father of Mrs. Lamb's illegitimate child.

James Walter, another life convict has given similar testimony, implicating Mr. Bettis.

In rebuttal of this testimony a large number of witnesses were examined, who testified, from a long and intimate acquaintance, to Mr. Bettis' character as a strictly upright man and an honorable citizen.

All this testimony, pro and, con, we have carefully weighed. Considering the character of the witnesses testifying against Mr. Bettis, their general appearance upon the stand, and the enormity of the charge, and on the other hand, considering the good reputation which Mr. Bettis has hitherto borne, the character of the witnesses who testified in his behalf, and the improbability of the alleged offense, we are satisfied that this charge is not sustained.

FIFTH SPECIFICATION.

It is charged that Theresa Zander, a female prisoner, has been cruelly and inhumanly treated by Commissioner Wheeler and his subordinate officers. The testimony of Mr. Wheeler in regard to the treatment of this prisoner is corroborated by the testimony of a number of other witnesses, and while we regard this treatment as severe, and all punishment for such purposes as unnecessary, yet we do not believe it was intentionally cruel in this case.. Our couclusion in this particular is confirmed by the salutary effects of kinder treatment under the present management.

REPORT ON PAST FINANCIAL MANAGEMENT.

To enable us to make an intelligent and accurate report on the past financial management of the State Prison, we had the books of the institution examined by an expert accountant. This was done

in pursuance of the following resolution adopted by the board at its first meeting at Waupun, June 30:

Resolved, That the President, vice-President and Secretary of the board are hereby authorized and directed to take posssession of the books and papers of the late Commissioner or Commissioners, in their discretion, and the vouchers for money expended during that time, and employ an expert to examine the same, and make a sufficiently detailed statement to enable the board to obtain the facts, and that this board meet at the call of said committee to take such further action as may be deemed necessary.

This work was delayed by the difficulty the committee experienced in obtaining a competent and trustworthy accountant. After the elapse of several weeks, the services of B. M. Worthington and Edwin Foote were secured, and the work has since been prosecuted with all expedition possible, having in view constantly the importance of obtaining accurate results.

The first work of the accountants was to examine and check the books of account, and ascertain if the footings were correct, from January 3, 1870, until April 1, 1874, including the entire administration of Geo. F. Wheeler, late Commissioner of the State Prison. An imperfect system of book-keeping greatly increased the labor of this examination, the books having been kept by single entry from the beginning of Mr. Wheeler's administration until October, 1872, and during the remainder of his term, a system of faulty double entry book-keeping prevailed.

The vouchers for expenditures of Mr. Wheeler's entire term were compared with the entries in the books, and were found to correspond except a few unimportant clerical errors.

To reach the objects of this examination, it was necessary to prepare tabular statements, exhibiting the total annual receipts and disbursements of the Prison.

66

The accompanying tables, " A,” “ B,” “ C,” “ D" and "E," exhibit the entire cash receipts of the Commissioner for his entire term. A summary of these tables is as follows: