16 EXHIBIT No. 3. EXHIBIT NO. 2. SUPPLEMENTARY AGREEMENT. Memorandum of an agreement made and entered into between R. M. Anderson, Lieutenant Governor of the state of California, G. W. Whitman, Comptroller of the state of California, and Henry Bates, Treasurer of the state of California, composing a board of commissioners, created by an act of the Legislature of California, creating a board of state prison commissioners and defining their duties, approved March 21st, 1856, party of the first part, and James M. Estell, of the county of San Francisco, state of California, party of the second part, witnesseth: that whereas, the said party of the first part, did, on the 26th day of March, a. D., 1856, lease to the said party of the second part, the state prison grounds, at Point San Quentin, in the county of Marin and state of California, together with all the property attached thereto, and the labor of the state prison convicts for the term of five years from the 26th day of March, 1856; Now, therefore, in explanation of said contract, and to confirm to the said party of the second part the full benefit of the same, it is hereby agreed by the said party of the first part that the said party of the second part shall have the privilege, and be at full liberty to work said state prison convicts at any and all mechanical branches of business that he may choose, provided that the said convicts shall not be employed at any kind or description of labor that shall greatly endanger their lives, health, limbs, or safe-keeping. It is further agreed and understood between the said party of the first part, and the said party of the second part, that nothing herein contained shall effect, in any manner, the sureties of the said party of the second part, on the bond given by him at the time of executing the contract referred to herein. In witness whereof the said R. M. Anderson, G. W. Whitman, and Henry Bates, constituting the board of state prison commissioners, party of the first part, and James M. Estell, party of the second part, have hereunto set their hands and seals, this third day of April, A. D., one thousand eight hundred and fifty-six. R. M. ANDERSON, G. W. WHITMAN, HENRY BATES, [SEAL.] [SEAL. [SEAL. EXHIBIT No. 9. J. C. Gordon, being first duly sworn, testifies as follows: Have been at the prison since the 21st day of Decembr, 1856; came as superintendent of the prison by contract with Estell; remained by such agreement until the 15th of May, 1857; after which time I have remained with Mr. McCauley in the same capacity up to this date; I was also appointed by the state prison commissioners on the 21st of May, as overseer for the state, in which capacity I acted until the 1st of November, 1857, at which time I sent my resignation to the board of commissioners, to which I received a communication from the board to the effect "that they would not appoint any person to act in my place,” and they have not done so up to the present time. On or about the 14th of June, 1857, I received a list of rules from the commissioners for the government of the prisoners, the nature of which I communicated to the lessee immediately: the majority of which rules have not been observed. The reason that the rules have not been observed is because they interfered with the manner of working the prisoners, in the opinion of the lessee. I am well acquainted and conversant with the rules for the government of the prison, before referred to, and have no hesitation in stating that, in any well regulated prison they would be easy to be observed. The rules provide "that no prisoners shall go outside the limits of the guard," without a sufficient guard to prevent their escape, while prisoners are frequently sent outside such limits without any guard at all. Prisoners are also allowed to act as turnkeys, and to sleep outside the walls. There are also, at the present time, some half dozen prisoners bosses, as they are called. They are sent on boats to San Francisco, at times from eighteen to twenty-three prisoners, with only two free men to act as guard. I suggested to Mr. McCauley that there should be a larger guard force, but he replied "that he would not send more." There are two boats here worked or run by the prisoners, between this place, San Francisco, and Mare Island, in the transportation of bricks, goods, etc. There is liquor sold at one place within the limits of the guard, and I am informed that liquor is sold at another place within five hundred yards of the prison walls. I do not think there has been any room for complaint as to food for the last ten days; for two months previous to that time there was complaint made by the prisoners. The prisoners are fed twice in each day; at half past nine in the morning and two in the afternoon. Prisoners get to work about sunrise, and work generally until half past three in the afternoon. It is a common thing to work prisoners on Sunday, loading boats, etc. There is no resident physician here at the present time. Eighteen men constitute the present prison-guard force, distributed as follows: Thirteen always on the "look-out" during the day, at different points; two of which are "horse-guards," that is, mounted on horseback. As soon as the dayguard comes in, which is at the ringing of the bell, about four in the afternoon, the night-guard commences, which consists of three men at a time, who keep their posts until twelve o'clock at night, and then they are relieved by the same number. The night-guard is stationed inside the walis, immediately around the prison building. I do not deem the guard sufficient, considering the condition. of the present buildings. The pay of the guard is forty dollars per month each, including board. During the summer there were from two to three hundred prisoners worked outside the prison walls each day; at present there is not quite so many. There are three prisoners working on a ranch, about ten miles from here, who only come back for provisions or on business. The ranch is claimed by Cowell and Ross. There is no guard with the prisoners at the ranch. Eight prisoners sleep outside the walls of the prison at present. When I first came here there were some sixty or seventy sleeping outside the walls entirely unguarded. I have known prisoners to be sent to San Francisco with boats, often without any guard accompanying them, two prisoners at a time, in sail-boats. The prisoners are allowed to purchase sugar, tea, coffee, etc., when they have the money to pay for the same. JOHN C. GORDON. Sworn and subscribed before me, this twentieth day of January, A. D., 1858. 2* |