The Philadelphia Inquirer from Philadelphia, Pennsylvania • Page 4

THE PHILADELPHIA INQUIRER, SATURDAY MORNING, SEPTEMBER 3. 1938 Mills, Craven and 12 Aides Are Held in Holmesburg's Torture Deaths $10,000 Bail Is Set' for Two Chiefs Five Leave 'Klondike' After Test Prison Head Got Start As Soldier A ra William B. Mills, superintendent of the Philadelphia County Prison it Holmesburg since 1933, was first a soldier and then a police exeeutiv. Five perspiration-drenched men emerged yesterday afternoon from the gloomy cells of the Holmesburg prison's "Klondike," where for 18 hours they had experlencd a measure of the lethal heat which killed four cor.vlcts. Without a comment on their dis By JOHN M.

Met UXOIGII Continued From First Fift "stripped" of its top-ranking officials," At about the fame time, BerretAry of Welfare Charlp.i I. Enftard, in ft telegram to the. Board of Prlww Inferiors, directed that "until further notice" the Lwlatlnn blrrk at Holmesburg nhmild be lorkcl and its key turned over to Daniel B. Conlln, dhk-b ffl 1 a iiiinlfii ajWwiyj-nr Sratod, left to right, are Sttporintcndrnt William B. Mills and Deputy Warden Frank Cravpn of lIolmesburK Prison, who were held by Coroner Charles Ilersch on charges of criminal negligence in the death of four convicts by roasting in the prison "Klondike" or isolation cells.

Their bail was at each. would have shown on the gauges, comfort during the test, they bathed, dressed and set out for a conference with Assistant District Attorney John A. Boyle, Coroner Charles H. Hersch and Secretary of Welfare Charles I. Engard.

A few minutes later two trucks of the State Department of Health left the prison grounds carrying away the thermometers and other Instruments used in the experiment. THREE IN GOOD SHAPE The five "subjects" were Dr. Wil liam A. Fulton, head of the State Bureau of Industrial Hygiene; Dr. Frank Butter, of the State Department of Health; Myron Kirk, engi neer of the Department of Health; Kenneth Doremus, chemical engi neer of the City Health Department, and Allen Dudley, hygiene engineer.

The exact hour at which the test was ended rould not be learned. Just before 1 P. Acting Deputy Warden Howard Othoson was asked if the experiment was still going on. "I can't say that, but I can tell you this," Othoson answered. "Three of the men w'ho were placed In there have come out.

They have been given shower baths. They are apparently In good shape." REPRODl'CE CONDITIONS It was about an hour and a half later that the five left the institution. Engard was emphatic In denying that the men were serving as "guinea pigs" and pointed out that no attempt was made to reproduce exactly the conditions existing when the four prisoners died. Each of the five was given a physical examination before entering the Isolation ward. They received food during the experiment.

There were only five men in the building, as compared to 25 on the night the heat killed. FRISOV PEACEFIX Following the action of the coroner's Jury, Superintendent William B. Mills telephoned Othoson Instructions to run the prison pending orders from the Board of Prison Inspectors. Othoson normally is first deputy warden at the Moyamenslng branch of the County Prison. There was no announcement whether the prisoners had settled down to routine, but there were Indications that all was peaceful at Holmesburg.

Shouts of men at recreation could be heard over the walls and it was noted that guards completing their tour of duty at 4 P. were permitted to go to their homes a procedure which would not have been followed had trouble existed, River Mud Traps Fleeing Suspect Lower Merlon police covered both land and water yesterday In their chase of two youths suspected of stealing an automobile. Two patrolmen riding In a radio car spotted the automobile, reported stolen from the Commonwealth Garage, 28th and Cambridge on River rd. and roared in pursuit. After a mile-long chase, the lead car suddenly crashed Into railroad tracks running parallel to River rd.

at Waverly rd. in Gladwyne. As the police car drew to a halt tw youths leaped out of the stolen machine ran to the banks of the schuylklll and dived In. Half way out, Harry Presig, 17, of 29th st. near Ogden, became ensnared in the mud and remained trapped until Patrolman James Miller threw him a rope and dragged him to safety.

Meanwhile Presig's companion reached the farther shore and fled, Presig will be turned over to Philadelphia police. sued from the prison office In the Atlantic Building at Broad and Spruce sts. He mentioned, although the statement did not, that Baldl would temporarily replace Mills, Othoson would replace Craven, and Reid act In Othoson's stead. "We have changed the personnel," he said, "and we think that we now have the situation under control. We will hold an additional meeting at 7 30 tonight." INSPECTORS' STATEMENT The formal statement of the Board of Frlwri Inspectors follows: "The Board of Trlson Inspectors deeply regrets the tragic occurrence which has transpired at Holmesburg Prison, It, realizes and has realized that unrest, even riot, Is to be expected from time to time when dealing with desperate criminals In large numbers, "It stands firmly for discipline and order.

But it, stands equally emphallrally against cruelty and lack of humanity in endeavoring to control surh outbreaks. It has not and will not condone or defend wrong-doing. "Its members, individually and collectively, have no personal ends to gain In their endeavors to render a public service to the citizens of Philadelphia. In the light of circumstances as developed by the Coroner's Court and the District Attorney, the Board has today relieved from duty Superintendent Mills, Warden Craven, Captain McOuire and all of the guards concerned in the unfortunate event. The Board temporarily has placed Dr.

Fred Baldl, former superintendent, in charge. It will, in the very near future, announce further appointments. agnln re-affirms its policy of the past, of decent, humane, but firm, administration of what It considers as a public, trust." Conard was asked whether anv permanent, personnel changes would be made, eliminating any of the accused, and he replied: "Certainly not. These changes will be effective only pending the i before turning to prison admlnistra- lion. He was born April 22, 1878, at TJr, land, near Chester, son of a mh foreman, and was educated at th high school at Upland and at Temtn University.

At the outbreak of the war agaimt Spain, Mills, then a member of th Sixth Regiment, P. N. Joined the Fourth Cavalry to serve as a body, guard for Gen. Lawton. Later he wai sent to China and took part in the famous march to Peking during the Boxer uprising.

SERVED IN PHILIPPINES Then ha was sent to the Philip, pines, here he served until 1901, For a rime he served as stenographer to Mayor Ashbridge and later to Mayor Weaver and became a policeman on Jan. 1. 1905, commanding a mounted squad and later becoming drillmaster. He became Superintendent of Police In April, 1920, under Director of Public Safety Cortelyou and was retained by Gen. Smedler D.

Butler, Cortelyou's successor. APPOINTED IN 1933 During the World War, Mills was a member the Citizens' Liberty Loan Committee and was an organi-zer of the Home Defense Reserves. In 1927, Mills married Miss Ethel H. Gibson, who died suddenly last May 6. He has two daughters.

The Board of Prison Inspectors sp pointed Mills superintendent In 1933, at a time when the board was under criticism. Court to View 'Klondike' Film The motion picture film of Holmw burg prison's "Klondike," seized Friday by Assistant District Attorney John A. Boyle, was released yesterday by Judge Gerald Flood, In Quarter Sessions Court, for development and scrutiny by the court, Judge Flood granted an injunction against News of the Day, from distributing the film or using any part of it until the court has seen the picture at a private showing Tuesday at 2 P. M. At that time it will be decided if the film will Interfere with the Commonwealth's prosecution of prison officials.

In issuing the Injunction, Judge Flood warned that heavy fines would be imposed for violation and that officials of News of the Day, would be liable to Imprisonment. Boyle opposed the release of tha film, arguing that the pictures wen taken against the will and wishes of the District Attorney. September RthuiWng Sale" 3-FC. BED OUTFIT) IED-SPRING-MATTRES3 'ttCEE "America'! Largest Sunday Newspaper" Smfkk lit Qaaflhr Sl.fl.-llilu tjftrtiL (Ac no" I VO i.i oiw 11007 MARKET STREET I Hi senior prison Inspector of the department. It may not be given to nyone except the District, Attorney or his representative, or Fngard himself or hi representative, the telPRram advised.

Paradoxically, a day which technically had the effect of fixing re sponsibility for the circumstances or the deaths served, both In the testimony presented before the matter vent to the Jury, and in subsequent developments, only to muddle the case still further. In fact, the action of the Jury left rmie courtroom observers literally Raping with amazement, among the reasons for the amazement being the following: Sergeant Hart, who admitted ordering ntram Inlo (he Isolation hltirka strum line, tn violation of what Mills and (raven emphatically asserted wm his authority, was not held by the Jury. Dr. Baldl, senior physician at the prison, also was not held, although visiting physician and resident were, nn the theory that they should have taken the Initiative In visiting "Klondike." Furthermore, only those "yard guards" who, by Inference, should have heard the Isolated prisoners' cries for aid on Sunday night were held, although other guards, raven testified, performed yard duty in the same section of the prison reservation on the preceding Saturday and Friday night. These guard, presumably eight in number, never wrra Identified, nor was any effort made to identify them, It was on Saturday night, all witnesses agreed, that the outcry of prisoner for rellrf reached It height, and when therefore aurh plea might have been most readily audible to guard who regularly passed within 20 feet of "Klondike" to ring-In on the roundman' box.

Despite the fart that Craven said the name of the yard guards on those evenings were a matter of record, neither he nor any other official was asked to supply them. Assistant Chief Engineer George II, Rredrr, who turned the ateam Into the "Klondike" line on Hart's order, and who, also, Recording to Mill and was without authority to accept such order, also escaped so much as censure. The Jury of four men and two women, with Gilbert Sprunnce, Board of Education member, acting as foreman, on lUs own initiative found Dr. Enoch and Dr. Abraham "criminally responsible" In connection with the deaths.

IGNORE The Jury Ignored Mornnz' rather mild suggestion, contained In a 3S-mlnute "charge," that, It might hold Guards William J. Borbrldge and James Lltpo If It chose. Borbrldge has only been a guard since July 16, and explained that he did not take the initiative In conveying the prisoners' plea for a doctor tn responsible authority because the pleas were heard by McOuire, his commanding officer, and senior guards, Lltpo. an industrial gunrd In charge of the tailor shop, explained that he had merely gone down to I "Klondike" to see what it looked like, having never seen It belore. As to those actually held: Mills and Craven were hold because, being the actual administrative heads, they had both technical and actual responsibility for the operation of "Klondike." McOuire was held because, although he did not return to the prison until almost noon Bun-da v.

Aug. 21, roughly 37 hours after heat was turned into "Klondike," he did not lake the Initiative in reinspocting "Klondike" Sunday night, alter a single visit In which he shut down the radiators. Brough and Smith, the No. 1 whipping boys in the case thus far, were held because they were directly connected with turning on the heat In the radiators, and with Ignoring the prisoners' pleas for relief. Morrow, James and Corkery were Identified as having been inside "Klondike" at, feeding time, when they had opportunity to feel the Interior's stifling heat, to hear the prisoners' pirns and to exerci.se reasonable judgment In reporting conditions to their superiors, which they allegedly failed to do.

Staines- Cavanaiigh, Weaver nnd Mulhern, prison guards, were not mentioned in the testimony of any of the convicts as having been Inside "Klondike." and were Involved only because it was elicited from Craven, during his questioning, that they had been the "yard guards" in effect, outside night watchmen in the triangular between-blocks area In which "Klondike' is located. Dr. Enoch and Dr. Abraham apparently were cited because they had failed to exercise Initiative in Insisting upon Inspecting the physical condition of "Klondike" inmates and sanitary conditions inside the ward, although It was still a moot point yesterday whether the physicians actuallv had such power of Initiative and, if so, under what circumstances it could properly be exercised. To add to the apparent confusion which suddenly blossomed upon the scene yesterday, holding of the 14 persons left the Commonwealth, which must prosecute the charges, al most without competent witnesses which it may call.

one or two significant ex GUARD EDWARD CORKEY DR. GEORGE F. ENOCH PITTSBURGH, Sept. 2 (A. favorite American dish meat and potatoes today ended 24-hour hunger strike of approximately 350 of the 700 prisoners' in the Allegheny County Jail.

The recalcitrant prisoners, who had protested against their rnld-day food yesterday, plrked up trays and marched quietly for orders of savory roast beef and potatoes, with gravy, coffee and bread. Deputy wardens said none would be punished. The prisoners began the strike yesterday after charging they had found worms in their pea soup. Deputy Warden Daniel F. Williams declined comment on this complaint.

Those who persisted in the strike this morning banged tin cups on cell bars and Jeered prisoners who marched to breakfast. Williams blamed "malcontents" and said he believed the difficulty was prompted by the recent hunger strike and the four deaths at Holmesburg Prison, Philadelphia. Arms Cargo for Spain Starts Seamen's Strike BALTIMORE, Sept. 2 (A. The crew of the Norwegian freighter Titanlan walked out today in protest against the vessel carrying 9000 tons of munition-making chemicals to the Spanish Insurgent port of Bilbao.

Albert Edwards, who said he was a national trade union organizer for the American League for Peace Democracy, said the crew of 21 Norwegian seamen decided unanimously at a meeting last night to leave the vessel. WITH YOUR COPY OF PITTSBURGH EONS HUNG ST I reptlrms, every competent witness In the case Is now under ball awaiting Grand Jury action and, therefore, unless any one voluntarily watve.i his right to refuse to testify against himself or turns Slate's evidence, there aren't any witnesses. They're all defendants. SHORTAGE OF WITNESSES The exceptions, aside from Ber-geant Hart nnd Reeder, are the 21 survivors of "Klondike" Itself, whose testimony must necessarily be suspect in some degree, because of it possible coloring by malice and self-interest, Boyle, who was warmly praised by the Coroner for his work In preparing the rase, declined comment on tills feature of It. Ills sols comment, made to Judge Flood, was: ''The District Attorney will move for the prompt Indictment and trial of every one of the defendants, as expeditiously as possible." The verdict Coroner's Jury was arrived at unanimously after slightly over two and one-quarter hours' deliberation, and read as follows: "We, the Coroner' Jury, unanimously find that Harry Osborne, Joseph Waller.

Frank Comodera and James MrQuade rame to their death through heat stroke caused by criminal negligence and we hold criminally responsible Superintendent William R. Mill, Deputy Warden Frank Craven, Captain Jame Mrfiuire, Guards Alfred W. Itrough, Francis Smith, Robert Morrow, James, Corkery, Staines, Cavanaiigh, Weaver, Mulhern, lr. Enorh and Dr. Abraham." Morans in his lengthy charge charged' the Jurors that prima facie cases of criminal negligence had been made out against Mills, Craven, McOuire, Brough, Smith and Morrow, virtually ordered the exoneration of Sergeant Hart, and left to the Jury's recollection of the testimony Its action Bgaliwt the other guards, Only Mills, Craven, McOuire, Brough, Smith and Corkery were In the courtroom when the verdict was returned, the others being on duty at the prison.

Each. In turn, wm called before Hersch, who thtn Intoned: "The Jury having found vou guilty of being criminally responsible for the death of Harry Osborne, Joseph Wallers, Prank Comodera and James McQuade, I hold you (or the action of the Grand Jury without bail." In discharging the Jury, he rom-plimrntcrl them upon their services and their analysis of the testimony, resulting In their "finding guilty" those named. Assistant District Attorney Fphraim Mpsrhutz. who was sitting inside the court rail, hastily reminded the Coroner that the Jury had not found thase held "guilty." 'HI NOT "I want to stale, for the record." Hersch hastily amended, "that I wish to change the wording of my last remark from 'guilty' to William A. Oray, counsel for Mills; S.

Walter Fouikrod, long-time friend acting temporarily as counsel for Craven; John T. Murphy, counsel for Brough. and Hyman Rubin, counsel (or Smith, immediately went to the fourth floor to make application or bail before Judge Flood. At'rr Mnranz marie his appeal for action hv the Board of Judges, In the light of the Coroner's Jury's action, Judge Flood said: "I was advised yesterday by the District Attorney's office of the it-uation, and I then called the chair man of the Board of Prison In spectors and told him that It might be well to prepare for that situa SITUATION IN CONTROL He said that he would get in touch Immediately with all members of he Board of Judges available to discuss the situation, and with the HittingaNewHighinNewspaperEniertainment ers would be notified to appear at 9 o'clock this morning at the German-town ave. and Lycoming at.

police station. ai There Moranz will sit as committing magistrate to hold the accused, for each of whom ball already has been set, CRAVEN RECALLED Those who do not appear will be arrested on Coroner's warrants, Hersch declared. The Coroner's office admittedly Is In somewhat of a dither as to what to do in the case of any guard who cannot raise ball. If, is appreciated that it would be inviting trouble to commit them either to Moyamenslng or Holmesburg pending trial, and although no official statement was forthcoming, it was indicated that the State may be asked to accept any guards unable to obtain ball at the Eastern Slate Penitentiary. As has been said, yesterday's relatively brief testimony served only to muddle and confuse what, up to that time, had appeared a relatively clear-cut picture of the case.

Deputy Warden Craven was recalled to the stand, and on direct questions, submitted by Moranz at the request of the Jury, firmly denied: That he had ever Instructed anyone, specifically either Sergeant Hart or Capt. Magulre, that heat wa a regular part of the of prisoner In Klondike;" That Sergeant Hart had reported to him on Friday night that he had ordered heat on In the "Klondike" team-line, and reiterated hi prior testimony that he knew nothing of heat In "Klondike" until Sunday afternoon. Asked why he had not personally inspected "Klondike" at any time, he replied: "I didn't have any Idea that anything was wrong. I was busy in the prison. I'm only one and it, was Reeder, the assistant engineer, took the stand, and corroborated Hart's statement that the latter had phoned him to turn on steam In the "Klondike" feed-in line, STORV VN SUA KEN He insisted, however, and could not be shaken in the statement, that so far as he knew, the only purpose of turning heat Into the line, then or on any other occasion, had been to dry out the concrete, 12-cell build-1 mg, normally damp and unhealth-ful because of its steel and concrete construction.

He also rebutted the statement, ot Hart and McOuire that "everyone in the prison knew" that heat was used for punishment in isolation. An apparently Important bit ot cross-examination of Reeder. begun by Hyman Rubin, Guard Smith's counsel, was abruptly checked by Boyle, on the ground that It was "pure speculation." and that there was not "one word of evidence" to support It. This was the attorney's effort to learn from Reeder whether the steam gauges would have Indicated whether, after having been turned off by McGuire on Sunday at. 530 P.

the feed-in line or any of the radiator connections subsequently sprang leaks. TELLS OF LEAK McOuire testified that Guard Brough turned oft the radiators at that time at his direction in accordance with Craven's specific orders, and that he, McGuire, then checked them carefully, and was absolutely sure, beyond question, that they were closed. He said that the "Klondike" key then was turned In at, "centre," and that no guard re-entered "Klondike" that night. One of the convicts, Patrick DiMarco. previously had testified that the radiators were turned off, but that after the guards left, one of them leaked intermittently, but audibly, through the night.

Reeder was prevented from testifying as to whether any leakage either under "centre," where the reducing valve is located, or In the boiler room. Corkery added some weight to the contention that the radiators actually were turned off, in his testimony. He related that he left "Klondike" with McGuire and the other guards, and that when a short distance from it, the convicts were heard talking. Under cross-examination by Murphy, Brough's counsel, he said: "We had started to walk bark toward centre and then we heard the prisoners talking." Q. Were they crying out, or Just talking.

A. No, Just talking, and one of the guards said, "Maybe we better go back and listen. I'll bet they're razzing hell out of us." Q. What did you hear? A. I heard DiMarco talking.

It sounded to me like he was talking to somebody in another cell, and explaining that the captain had ordered the heat off. Q. Did you understand that he was explaining why the heat was off? A. Yes, sir, I did. In other words, the question still remained: Was the heat actually turned off In "Klondike" on Sunday night, and did some defect in the plumbing then permit steam to escape Into the radiators, or did someone, unidentified by any testimony thus far disclosed, actually secretly re-enter "Klondike" and "turn on the AITOPSV REPORT HEARD Bracketed with It ts the question: Was the use of heat in "Klondike" for punishment purposes, an unwritten, generally understood "general order," or was the "general order" only that heat always should be turned into "Klondike" to dry it out? Those two questions again stood out, challenglngly, the pro or the con well supported by bits of evidence.

The only other Important testimony of the day was that of Dr. Martin P. Crane, Coroner's physician who performed the autopsies on the dead convicts' bodies. He disclosed the four bodies bore external and Internal evidence that death had resulted from heat shock, such evidence Including generalized discoloration of the bodies, hemorrhagic congestion of the eyes and, nostrils and profuse Internal visceral hemorrhage. QUICK RELIEF TOE ITCH from Hnliif Alii 1 1 1 1 1 1 1 (i 1 1 tad Cllllltll Ilk Slid lir fru Siaplt 717 Ktnl Avt Brooklyn, N.

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Mir. II outcome of Grand Jury action and impossible for me to attend personal-subsequent trials, if any." I lv t0 everything. I was compelled to Not long after conclusion of the drpenct upon my captain, mv ser-hearing, bail was obtained by Mills, i RPanU anrt my guBrds t0 neip me Craven, McGuire, Brough. Smith out A THE SUNDAY PHILADELPHIA LJb yYpS 1 'aif 'T St and Corkery. Hersch announced that, the oth- Supplants Mills DR.

FREDERICK S. RALDI Physician-in-chief of the Philadelphia County Prisons, temporarily was advanced to his old post of superintendent yesterday by the Board of Trison Inspectors, relieving William R. Mills pending disposition of charges of criminal negligence preferred by the Coroner's jury. If mm 1 ON THE A I Mi NT wver a I II toflraph of iweet, charm- til i 1 LORETTA YOUNG -IwUM ver 0A mm THRILL F0R SUBMARINE SHARPSHOOTERS MZZZ Brought to the United Statet trom th Hawaiian lalandi, I hat attained great popularity amongst xpert iwimmeri. Sea this interesting pags ol pieturei Illustrating ths nw sport, In addition to all the ex- rtffinfT IC c'uiv' interesting and I vl JTjtvJ educational picture stories flawdL pf9 I articles that you find "rfft'Vgl In the color-ioto magaiine, fVJjllt'fM htTti' I yu LiJrmn HUIffii Board of Prison Inspectors.

At that point. Conard appeared before the bar of the court. He explained that a meeting of the board had Deen held vesterdav morning, following prior discussion and anticipation of the possible holding for Grand Jury action of some of the Holmesburg officials, and recited In paraphrase the text of the statement subsequently ls-.