Had that really been the case, why did not the guard go among the men and endeavor to still them? Why go to Sylver's cell and expend his efforts there? Or, admitting the deputy's statement to be true, did that help the matter for him in the least? If summoned by the watch to quell a rising tumult, was he, as an officer, acting the part of duty by remaining quietly in bed and sending nothing but a guard to the work, who could effect no more than the watch himself? All the circumstances combined in forcing one, understanding the matter, to the conclusion that they acted knowingly and intentionally respecting the man.
Do not understand me as charging them with intentionally and deliberately murdering their victim, for this I do not, but that he fell a sacrifice to a system of prison management that they were intent on establishing; a system under which the officers are to be the sole judges of the prisoners' needs, use them as they may choose, put them in whatever condition they may see fit, and they in turn not allowed to utter a word, nor give the slightest expression of feeling any more than the dumb, driven ox. If they die, "it is of no account; he is only a prisoner," as an officer said to me, respecting another who had died.
On entering the hall the evening after Sylver's cruel death, I found the prisoners greatly excited. One exclaimed, as loud as he thought prudent, "Murder! murder! They have murdered one of our number." Another remarked, "Well, we see what the fate of any of us may be, if taken sick." Marked anxiety was depicted upon all their countenances; and who would wonder?
27. The Sylver case excitement and hearing before the Governor and Council. The brothers were greatly aroused at what they could see and gather about this death, felt that deep iniquity had been practiced in connection with it, and resolved on a criminal prosecution of the warden. But, finding, from legal counsel, that they probably could not make a case in that line hold, they were thrown into doubt respecting what to attempt.
Meanwhile the story of the affair spread in the community, carrying with it exaggerated reports, that "Sylver was really murdered; was gagged and left to die alone," and thus on. When passing the streets in the city, I would be inquired of, if such were really the facts, to which I would respond in the negative, that he died in the hospital with attendants about him, but could explain no farther. Execrations at the prison management were often heard.
Whether true or not, I never ascertained, but report had it, that the doctor felt called upon to demand an investigation of the affair before the governor and council, and that the warden favored looking into the other departments, and so a hearing was appointed to be had at the council chamber one Friday evening, in the latter part of February, or in early March. I was summoned to be present, but with no intimation for what purpose. The Sylvers, when cherishing the idea of a criminal prosecution, had looked about a little for evidence, and had secured the statements of an overseer at the prison, when the death occurred, written out in the form of an affidavit and sworn to before a justice of the peace, and also those of a released prisoner. These were in the hands of the lawyer they had employed, or purposed to employ, to manage for them. This lawyer appeared, but it was understood that the brothers had become disheartened and ceased to interest themselves in looking up evidence, preparing for a thorough investigation of the death in question; why, we know not. None were put on oath, hence the hearing failed of bringing out important matter, as the men having it, would not divulge unless under oath.
I was called on first to testify and asked to state about the Sylver case, but, as before related, I then knew but little of material value. The transactions of that Wednesday night, I had, at that time, heard something of, but to me they were only matters of report, and among the points requiring the efficacy of the oath to bring them out. Hence, I could say nothing of them. I was asked some questions about the prison living, but on points concerning which I knew but little, and then was turned directly to my own prison management. It seemed by the questioning that, in this summary manner, with no opportunity to prepare for defense, I was virtually put on trial for a violation of prison rules on two points,—the correspondence, and passing information to prisoners,—and called on to testify against myself. But I had nothing to cover up, had acted in all cases as I thought to be right, so frankly stated my whole proceedings in the matters, as near as I could recollect on the spur of the moment, and also explained my motives, excepting that I could not, of course, allude to anything of the warden's procedure as making my efforts especially needful to the best order of the prison. No one else was called to testify on these points; but I was kept standing during the narrations and questionings till so far exhausted that, perhaps between ten and eleven, I had to ask the privilege of sitting.
Then I was called on to state about my lecturing for the Prison Aid Association, whether I had alluded to the prison or not. Having become somewhat confused in mind, for the time, I could not recollect a single allusion I had made, and therefore answered unqualifiedly, "I have not," not thinking to say, "I have not to my present recollection." The Governor replied, "There must be some mistake in the matter, for I have received two letters from places where those lectures were given, stating differently," and he called for another witness.
As to the Sylver matter, the effort was made to leave the impression on the mind that the patient really died of a heart difficulty, though he probably would have died of the congestion, but not so soon. No pretense, however, was made that any unhealthy condition was found about the heart, except in the attending physician's assertion, that, on puncturing the pericardium; a little gas, as he thought, whizzed out, and that he recollected of having read in two medical works, of cases where such a gas collection had proved fatal. The physicians whom the Sylvers employed on the post mortem, were not present, and hence no light was gained from that source.