Appalachia, Brandon Kirk, crime, Elkville, history, justice of the peace, Laura Foster, North Carolina, photos, Phyllis Kirk, Pickins Carter, Tom Dula, true crime, Wilkes County, Wilkes County Jail, Wilkesboro
Aldridge Coal Company, Amanda Avis, Anna Crovjack, Appalachia, Brandon Kirk, C&O Railroad, cemeteries, Charles Quinn, crime, Dwight Williamson, Ed Burgess, Elzie Burgess, Fintown, genealogy, history, Hugh C. Avis, immigrants, Ireland, Logan, Logan Banner, Logan County, Logan Memorial Park, Mamie Thurman, Maude Steele, McConnell, Noah E. Steele, Q.L. Stewart, West Virginia, Woodmen of the World, Works Progress Administration
Logan Memorial Park was a “perpetual care” cemetery established in the late 1920s in McConnell, Logan County, WV. The cemetery contains the final remains of many noteworthy Loganites, including Mamie Thurman, whose 1932 murder continues to tantalize regional residents. The Logan Banner reported on the cemetery’s beginnings on September 7, 1928:
Work Rapidly In Developing Burial Park
With Brush Cut and Loose Rock Being Hauled for Surface, Road Work Starts Soon
BEAUTIFYING COMES SOON
Plans Call for Use of Skilled Landscape Gardeners to Aid in Placing Shrubbery
Conclusive proof that Logan is soon to have a modern burial part embodying all the improvements found in the highest type institutions of this kind anywhere was afforded a reporter of The Logan Banner in an inspection of the work being done near McConnell by the Logan Memorial Park company.
Much work was found to have been done already. Brush and undergrowth has been cleaned off the entire 20 acre tract. This will finally include the grubbing of stumps and raking up the trash until the entire tract can be mowed with a lawnmower. Several hundred sled loads of loose rock have already been hauled to the banks of the small stream that flows through the central part of the tract, where a rubble stone embankment will be built near the water course to be covered with vines and shrubbery.
All surface rocks will be removed, blasting being resorted to loosen the larger ones. Several hundred holes were drilled in the surface of the entire plot of ground before it was decided that it would be a suitable place for burial purposes. It was found that there was no ledge rock on the entire tract except at one small spot.
Work is now in progress in preparation for the concrete road to be built from the state road into the park. A ditch suitable for the placing of 26-inch tile to carry the small stream out of the park is being dug. The C. & O. had two steam shovels at work Wednesday cleaning off a sidetrack, unused for several years and submerged by silt from the roadside, preparatory to setting out a carload of tile. It will be laid at once and then the making of a grade for the concrete will follow.
This entrance is between the residence of Burgess and Aldridge. Options have already been secured on property adjacent so that a large stone and iron entrance can be built just off the state road. From that point the hard surfaced road passes up the hollow to where a natural amphitheater provides several acres of smooth land where the first section of the park will be developed. The improved road will entirely encircle this plot so that easy access will be afforded and each lot will be reached by either the roadway or paths.
At the lower end of the natural amphitheater stand several houses that were formerly the property of the Aldridge Coal Company. The present tenants have been ordered to vacate these and they will be torn down.
Water will be supplied to the entire section now being developed and in the spring the entire tract will be plowed and seeded to the best grass obtainable. At that time much shrubbery, from the best nursery stock, will be planted under the direction of competent landscape gardeners.
The Bannerman was in doubt as to the closeness of this tract to the Courthouse, so it was metered and clocked. It proved to be 2 1/2 miles in distance and it was driven easily in traffic in six minutes. Thus there will be the dual advantages of the great natural and enhanced beauty of the Logan Memorial Park site and proximity to the town.
The earnest desire of the company to get this memorial park ready for those desiring to use it is shown in the rush that characterizes the work of cleaning it of brush and rock and in getting in a permanent road. More than a dozen men have been at work ever since the charter was granted and others will be added as more projects get under way simultaneously. The permanent road is to be laid immediately. The rubble stone wall along the stream will come later, but every bit of the work is to be pushed as rapidly as men can do it.
The perpetual care which the charter confirms to the lot owner will no doubt be a great inducement. Already interested parties are inquiring about when it will be open for inspection. Q.L. Stewart, the manager, assures them that no avoidable delay will be allowed to intervene.
Here’s a WPA map of the cemetery dating from the 1930s:
This 1938 map of the cemetery is located in the Logan County Clerk’s office:
Here are photographs of the cemetery in 2020:
Appalachia, Battle of Blair Mountain, Blair Mountain, C.W. Conrad, Charles Town, Charleston, circuit clerk, crime, deputy sheriff, Don Chafin, H.E. Keadle, history, Jefferson County, Logan Banner, Logan County, Mexico City, Oklahoma, Oklahoma City, sheriff, U.G. Young, United Mine Workers of America, Walter Allen, West Virginia
From the Logan Banner of Logan, WV, comes this bit of history about the “Armed March” at Blair Mountain, dated February 2, 1923:
Allen Is Traced By Deputy E. Keadle To Mexico City
Walter Allen, convicted of treason at Charlestown on September 15, and sentenced to ten years in the state penitentiary and who was released on bond of $15,000 with U.G. Young of Charleston as surety and who jumped his bond and fled from the state recently has been traced by Logan officers to Mexico City.
A capias was received here on December 20 for Allen, the capias being issued to C.W. Conrad, clerk of the circuit court of Jefferson County, when Allen failed to appear there on the date set. Deputy H.E. Keadle took the capias to Charleston and called at headquarters of the United Mine Workers, and attorneys for that organization professed their ignorance of his whereabouts and stated they would do all within their power to apprehend the fugitive.
However it was ascertained that Allen had been in Oklahoma City, Okla., and the officers there were requested by wire to arrest the fugitive but he had fled the city when they searched for him. Deputy Keadle then continued the search and the latest information received at the sheriff’s office here states that Allen is now known to be in Mexico City, Mexico.
Allen was convicted for his participation in the armed march of Logan in August and September, 1921. According to the evidence in the trial which lasted five weeks, he handled the finances and otherwise assumed direction of the armed march which was stopped at the border of Logan County where a battle between the invaders and the state forces raged over a battle line extending for 25 miles.
After his conviction his attorneys noted an appeal and stated the case would be carried to the supreme court. The time granted Allen for his appeal expired December 13, but the time expired without any record of an appeal being noted. When Allen failed to appear at Charlestown to begin his sentence a capias was issued for him and sent to Sheriff Chafin for execution and the hunt for the fugitive then began.
Due to the red tape connected with extradition proceedings, it is not yet known what steps will be taken by Logan authorities toward extraditing the fugitive.
For more information about Mr. Allen, go here: https://www.wvencyclopedia.org/articles/205
A.M. Belcher, Appalachia, Bill Blizzard, Blair, Blair Mountain, Boone County, C.W. Osenton, coal, Coal River, crime, deputy sheriff, Dingess Run, Edgar Combs, George Muncy, H.W. Houston, history, J.E. Wilburn, James Cafalgo, John Gore, Lewisburg, Logan Banner, Logan County, Nellis, Ottawa, T.C. Townsend, United Mine Workers of America, Velesco Carpenter, W.B. Mullens
From the Logan Banner of Logan, WV, comes this story about the trial that resulted from the “armed march” on Logan County, WV, by UMWA miners:
Widow Is Introduced At The Blizzard Trial
LEWISBURG, W.Va., June 27 — Two word pictures, one from the lips of the widow of George Munsy, coal digger who “never came back” from guarding his county, the other from one of the party that met and killed the outpost on the mountain side, lay tonight before 12 men who are to determine whether Sub-District President William Blizzard, of the miners’ union, was an accessory to the murder of Munsy.
Before these word pictures the jurors had heard counsel on both sides outline the story of the labor trouble of Southern West Virginia coal fields, the march of thousands against the Logan border, the interruption of that march after a brigadier general of the United States Army had intervened a midnight clash between miners and deputy sheriffs and state police, resumption of the march, fighting on the mountain ridges that separated the non-union Logan coal fields from the then union fields on Coal River, the meeting of 30 or 40 marchers with Deputy Sheriff John C. Gore, of Logan county, and two companions one of whom was Munsey, the volley of shots that answered the Logan pass-word, “amen,” and a wealth of detail about the march presented from point of view of both prosecution and defense.
Review Blair Battle
All the morning was spent in the opening of the attorneys, A.M. Belcher and C.W. Osenton, for the prosecution, and H.W. Houston and T.C. Townsend, for the defense. Then in the afternoon the jurors turned their attention to the witness box. First they saw W.B. Mullens point out the battle line and the points of interest in the march on a map that was tacked to the courthouse wall above the witness stand. Next Velesco Carpenter, facing an inexhaustible stream of questions in direct and cross-examinations told how he had gone from his home in Nellis to Blair, how in a party of about 35 he marched up Blair mountain, spent the night, and early the next morning set out and from his place in line watched the meeting with three men, one of whom he learned was Gore, heard the shots and saw the bodies after they had fallen. Then just before court adjourned Mrs. Munsy took the stand for her brief examination so that she might return tomorrow to her seven children in her home on Dingess Run Creek in Logan county.
Widow on Stand
“The night before he was killed was his time to come home but he never came,” Mrs. Munsy testified that her husband had been digging coal for about fifteen years before his death and that they had been married about 20 years. He had been “guarding for about a week, working for Logan county, for the coal operators,” she went on, but later when Mr. Houston cross-examined her on that statement her formerly quiet tone rose to the ringing declaration “he was defending his county.”
Carpenter did not know who fired the shots that killed Gore, Munsy and James Cafalgo. When the shooting began he ran back a few steps and dropped to the ground, he said. After it was over he went to a point near the body of “the foreigner,” and saw that of Gore, but could not see the third body. Edgar Combs told him he had killed the one Carpenter had designated as “the large man in the middle,” and later told another of the party this man was Gore.
He left Nellis, where he was employed as a pump man, on August 29, 1921, he said, after a man had come to the mines and threatened to “knock off” the “yellow” men who did not go. A journey on foot and by rail took about 30 in his party to Ottawa, and there Edgar Combs picked him and three others he named to go to Blair. The next day from the schoolhouse steps in Blair, he said, Rev. J.E. Wilburn made a speech and a party was organized that went into the hills. Some threw down their guns and refused to go but threats were made, and the men were lined up in single file, with leaders for squads of eight men. The original party of 50 or 60 divided, and the group of about 35, in which he went, camped on the top of the mountain until daybreak. They heard firing in the direction of the “gap,” through which previous testimony had shown the road from Blair to Logan ran and set out in that direction.
Then he told of the meeting with the “large man” and his two companions, and by pre-arranged signal the leader lifted his hat three times to indicate there was no danger. The large man beckoned to them to come on, and when the parties met there were mutual demands for the password. The shots were fired, Carpenter testified, when somebody said “amen,” and in the opening statements prosecution counsel had told the jury that it would be shown that “amen” was the Logan password. Wilburn, the preacher, was in the lead of the marchers column, and Combs next behind him, the witness said.
Appalachia, county clerk, crime, genealogy, Hatfield-McCoy Feud, history, Jacob Smith, James H. McCoy, John Dils, Kentucky, merchant, Pike County, Pleasant McCoy, Randolph McCoy, S.K. Damron, Sallie McCoy, Sam McCoy, sheriff, William McCoy, William P. Johnson
NOTE: This case is most definitely unrelated to the Hatfield-McCoy Feud. I included it here because of the involvement of John Dils. The William McCoy involved in the case is likely the brother to Sallie (McCoy) McCoy, wife of Randal McCoy.
Appalachia, Beauty, Charleston, Cinder Bottom, coal, crime, dancing, Elizabeth Nagy, Ellis Park, Emmett Scaggs, Himlerville, history, Hungarian Benevolent Association, Hungarian Miners' Journal, Hungarian-Americans, Hungarians, Huntington, Joe Hatfield, Kentucky, Keystone, Logan, Logan Banner, Logan County, Martin County, McDowell County, Mingo County, Mud Fork, Rose Mustapha, Warfield, Welch, West Virginia, Williamson, Williamson Daily News
Between 1900 and 1920, a large number of Hungarians settled in West Virginia. Most were employed as coal miners. As of 1920, 6,260 Hungarians lived in West Virginia, primarily in Logan and McDowell counties. The Logan Banner, seated in Logan, WV, offered coverage of Hungarian news. It also commented on items published by Martin Himler in the Hungarian Miners’ Journal.
New Marathon Dance Record Is Made Here
Rose Mustapha, Pretty Hungarian Starts the Step Believed to Be the record.
At nigh noon Sunday, Rose Mustapha, a beautiful Hungarian girl, tripped the starting step in a terpsichorean debauch, that is believed to have established a record for sustained dancing in groups. Rose led a cotillion of thirty of her countrymen over a stretch of nineteen hours of continual dancing.
The dance started at twelve o’clock Sunday noon and continued without intermission till seven o’clock Monday morning. The jolly spirit of old Budapest struck color with jazz hilarity as the dancers spun in a vortez over the polished floor.
Hundreds of the dancers’ admirers rimmed the floor, hailing the participants in a half dozen different languages and dialects. Three wheezy but quite animated violins provided the music, which ran in wild Magyar strains and jazzy syncopation.
For the most part the dancers adhered to their native folk dances, but occasionally a couple would break into a fox trot, or a one step. At six o’clock Sunday evening, the dancers were given liquid nourishment as they whirled, and at midnight the same was repeated.
Most of the dancers finished strong, but several of the weaker sex had to be helped from the floor by their friends. Long distance dancing is quite common in their native land, and had the participants been in trim the task would have been comparatively easy, they say. As it was all of the men, who are miners, reported for work Monday morning and so far no ill results have been reported of the affair.
Logan (WV) Banner, 3 August 1923
Several hundred persons enjoyed the dance given by the Hungarian Benevolent Association at Ellis Park skating rink last Saturday night. The program included many attractive features and novelties. Miss Elizabeth Nagy of Mud Fork was the winner of the beauty prize. She received a fine watch and $5 in gold.
Logan (WV) Banner, 29 November 1927
Hungarian Paper Tells of Resorts Hereabouts
Sensational Charges Prompt Williamson News to Demand Investigation and “Clean-Up”–Logan and Neighboring Cities Are Mentioned In This Alleged Expose
A Hungarian paper published at Himlerville, Ky., not far from Williamson, is running a series of sensational articles on vice conditions in Logan, Williamson, Huntington and Charleston. These articles are printed both in English and Hungarian and are attracting much attention, many copies of the paper having been sent to the cities named.
Two articles about Logan have mentioned various resorts in which it is charged that vice is rampant, that protection is obtained by bribery of officials, and that conditions are getting worse. Local officers brand these so-called disclosures as either baseless or greatly exaggerated.
In Williamson the expose has attracted much attention, particularly since the Williamson Daily News carried the following editorial, under the heading, “A Clean City.”
It’s a sad commentary on our city, county, and state police officials when the leaders of the foreign element in our midst are forced to take the lead in cleaning up moral conditions.
Through the Hungarian paper published at Himlerville, Ky., a campaign is being waged to clean up Williamson, Logan, Huntington and Charleston.
We are primarily concerned in Williamson and this paper charges that Williamson is harboring not less than eleven Hungarian brothels and some fifteen speak-easies. The editor of the paper has furnished the Williamson Daily News with the names of eight hotels and rooming houses where he says “light o’ love ladies” may be found.
It is common knowledge in Williamson that what he charges is true. Furthermore it is also common knowledge that there is hardly a hotel from the best to the worst in the city that does not harbor women of prostitution.
These women are debauching our manhood and spreading disease and there are attendant demoralizing evils which add to the indictment against them.
Not only are there Hungarian brothels in Williamson, but there are brothels that cater to every race and condition. The fact that they exist is known to practically every person in Williamson.
In this same Himlerville paper in an article published in this week’s issue it is stated that “Protection fees vary between twenty-five and seventy-five dollars weekly” suggesting a reason why no action is taken to remedy conditions.
We have had every reason to believe that Williamson was infested with brothels of every degree of degradation, but until the bold statement is made in the Hungarian paper, we had no reason to suspect that some persons were receiving protection fees.
However, such a state of things is a natural noncomitant, in view of the laws of the land. It would be very easy for city, state or county officers to take action, and if they do not the question immediately arises: Why?
It cannot be argued that it is impossible to clean up the city in this respect. We all know better. The chief of police and four good policemen, with proper backing of the mayor and the citizens of Williamson could do the job, and do it thoroughly in ten days. In doing it they could be so impressively earnest that there would be no recurrence of the evil for months to come. If instances of violations of the law of this character did occur in the future they could enforce the law with such vigor as to deter others. Williamson would soon be classed as a “clean city.”
Even the notorious “Cinder Bottom” at Keystone has been cleaned up. Welch, the county seat of McDowell county, is known far and wide as a “clean city.” Chippies and their like give it a wide berth. Why? Because the mayor and the chief of police of Welch, with a determined citizenship back of them, will not tolerate the evil. Merchants and business men of Welch generally are unreservedly in favor of an absolute ban against women of evil character being allowed to remain in hotels and rooming houses, because they know it hurts business and is a thoroughly demoralizing factor.
Primarily the question is one for the mayor and the chief of police at Williamson to handle, but there are other law enforcement agencies that could function.
For instance, the prosecuting attorney has an effective weapon at hand if he wants to use it. We refer to the state padlock law, upheld by the supreme court. With this weapon he could close every hotel and rooming house in the city that harbored women of ill fame. And there would be no question of securing sufficient evidence to act. It is ready at hand.
There is another agency, the state police. This efficient body of men could take action and bring the matter to a hand.
The state health department is aware of the fact that Williamson is one of the vilest cities in the way of brothels in the state. It has investigated conditions here and has data that could be used by officials who wanted to take action. Furthermore the state health department, on request of the city or county officials, would send investigators here to ascertain true conditions. But, if we understand the situation rightly there is no need for further investigation. The brothels are conducted more or less openly, are well advertised and unfortunately are well patronized.
There would be no lack of information to proceed upon if city, county or state officials wanted to take action. And first of all, it is up to our city officials to act.
Logan (WV) Banner, 27 January 1928
NOTICE TO LOGAN
With newly sharpened sticks the Hungarian Miners Journal, published at Himlerville, Ky., continues to prod into vice conditions hereabouts. Its latest issue is devoted largely to a further exposure at Williamson’s intrenched vice, but Logan has not been forgotten. In fact, in a large type box on the first page notice is given that the spotlight will be turned again soon on the garden spot. It says:
“The brother-situation of Williamson is taking up all our space and our energies for a few days.
“This does not mean that we have nothing more to say about Logan brothels.
“A score of Hungarian criminals, keepers of brothels and white-slavers are harbored in and by Logan, to the great detriment of the decent Hungarians in the Logan field.
“We demand the expulsion of these criminals and we will turn to Logan in a very short time.
“Surely the decent citizens of Logan are not going to build a roof over their town to designate THE red-light district.”
Logan (WV) Banner, 3 February 1928
Hungarian Paper Reverts to Logan’s Need of Reformation
Editor Fisher Takes Crack at The Banner, Sheriff Hatfield and Chief Scaggs–Long Silence Broken By Familiar, Rasping Outcry
Remember the Magyar Banyaszlap, a newspaper formerly published at Warfield, Ky., not far from Williamson, W.Va. A year or more ago it probed conditions in Logan and carried some sensational strictures about county and city officials. Finally, an officious and offensively inquisitive soul, the editor hisself, came in person and before he left was given quite a thumping by Chief of Police Scaggs.
Some time later the coal company located at Warfield and Hungarian-owned, went into the hands of a receiver and whether the Banyaszlap then suspended publication or not it ceased to come to this office. The other day a copy came. It is published in Columbus now but its editor is evidently still interested in conditions here. After scanning its eight pages, the writer of these lines found but one article printed in English. That embraced a clipping from The Banner and the Banyaszlap’s comments thereupon. The article clipped appeared to the Banner on April 9 and had to do with reports that the sheriff’s forces were determined to suppress the liquor traffic in boarding and lodging houses that cater to foreign-born miners. Most Banner readers will recall that news item and for that reason it will not be reproduced here, but what the Columbus paper says may be of some interest.
“We are glad to note the sudden interest of Sheriff Hatfield, and the rather mild interest of the Logan Banner, in the speak-easyes.
“The officers do not have to ‘trail’ these boarding houses, for we have published a list of them.
“And we have also published a long-long list of speak-easyes and brothels in Logan, W.Va., with addresses, and names, with locations and any other needed informations.
“Why not start a housecleaning right here in Logan, W.Va., and spread it then to the coal field?
“We can promise Logan and its vicinity that others than the sheriff will also be interested in these affairs.
“When the gunman (called chief of police) of Logan so heroically objected to our articles, we have promised that we will have the matter attended to in good time.
“It will happen soon.
“Perhaps hence the sudden interest in the Logan vice.”
Logan (WV) Banner, 23 April 1929
For more information about Hungarians in West Virginia, go here: https://www.appalachianhistory.net/2017/03/magyars-in-morgantown.html
For more information about Martin Himler, Himlerville (Beauty), and the Magyar Banyaszlap: Hungarian Miners’ Journal, go here: https://www.appalachianhistory.net/2014/11/saving-himler-house.html
The following story about an attack upon a non-union mine at Ottawa in Boone County comes from the Logan Banner on July 21, 1922:
300 Shots Are Fired At Boone County Mine
Three hundred shots were fired from the mountain side into a group of non-union miners as they were going to work at 7:30 A.M., in a mine at Ottawa, Monday. There were no casualties as the miners fled and hastily hid behind trees, and other points of safety.
Two state troopers stationed at Ottawa made an immediate dash for the scene of the trouble but the firing which had lasted for only a few minutes, was over when they reached the mine. An investigation disclosed the fact that the attacking party had made a hasty retreat and their whereabouts could not be ascertained. A call for assistance brought five additional troopers from Clothier who brought with them a bloodhound but the dog could not take the trail evidently due to some substance that the attacking party had used to throw the hounds off the trail.
Immediately after the firing was over an investigation was made and 30 sticks of dynamite were found concealed beneath the mine track inside of the drift mouth of the mine and so arranged that it would explode when the first mine motor entered.
The outbreak Monday was the first that has occurred on Little Coal River in some months and the state police in that section are making every effort to apprehend members of the party who did the firing. Ten special officers were sworn in at Madison on Monday and Capt. Midkiff, in charge of the state police at Clothier, dispatched trooper Lloyd Layman to Logan Monday where he was furnished with 30 high-powered rifles and 3,000 rounds of ammunition with which to equip the special officers and successfully combat any further outbreak that might occur as well as to assist in apprehending members of the attacking forces last Monday.
Trooper Layman stated that in addition to the ten men sworn in Madison there would be 50 special officers sworn in at Ottawa, and every effort put forth by officers to track down the men who were responsible for the mine battle and bring them to justice.
Here is a bit of history for the Logan County (W.Va.) Jail based on documents from 1921:
Appointment of Jail Inspectors
Dr. N.E. Steele, Wm. B. Johnson and Denver Beckett are hereby appointed, authorized and directed to inspect, investigate and report in writing to the court at the present term the existing conditions of the Jail of the county, the care and treatment of the prisoners therein confined, in detail, as required by Secs. 40 and 41 of Chapter 41 of the Code of West Virginia.
The Clerk of the court will furnish said inspectors a copy of said sections for their guide in making said inspection and report and will make four attested copies of this order and place them in the hands of the sheriff of this county to be served on the above named inspectors which shall operate as a summons to them to forthwith appear in open court and take the oath required by law and to enter upon the discharge of the duties herewith.
Law Order Book X, page 183, 11 April 1921
Sec. 40. DUTIES OF JAILER. The jailer shall cause all the apartments of his jail to be well whitewashed at least twice in every year, and have the same properly aired and always kept clean. He shall furnish every prisoner with wholesome and sufficient food, and with a bed and bedding cleanly and sufficient, and have his apartment warmed when it is proper, in case of the sickness of any prisoner, he shall provide for him adequate nursing and attendance, and if there be occasion for it, and circumstances will permit shall confine him in an apartment separate from other prisoners. In no case shall a jailer permit the use of ardent spirits in the jail, except when prescribed by a physician. (Code Va. 1860, p. 289; Acts 1881, c 19.)
Sec. 41. Annual Inspection. The circuit court of every county shall annually, or oftener, if deemed necessary, appoint three persons, one of whom shall be a physician, to inspect the jail of each county. The judge shall administer to them the following oath: “You shall truly report to the court, as to the jail in this county, the size thereof, the number of its apartments, and its state, and condition; whether it is secure, sufficient for those who may be confined therein, and such that convicts may be kept in apartments separate from each other and from the other prisoners; whether every apartment is as constructed that it can be kept comfortable; whether it is kept in constant and adequate repair, and supplied with the furniture and other things necessary, and if not, in what it is deficient. You shall also diligently examine and truly report whether or not the jailer, has, during the last twelve months, faithfully performed the duties required of him by the fortieth section of the forty first chapter of the Code of West Virginia, and if not, in what respect he has failed to perform the same.” The said inspectors shall be furnished for their guide with a copy of the said oath, and of the said section. If they make a report, which fails in any respect to conform to said oath, it shall be recommitted to them until they fully report upon all the said matters. (Code Va. 1860, p. 289, Acts 1881 c. 19.)
N.E. Steele, William B. Johnson and Denver Beckett, who were appointed to inspect and report the existing conditions of and at the County Jail, by an order entered at a former day of this term of court, pursuant to Section 40 of Chapter 41 of the Code of West Virginia, and who were sworn as the law directs, having made the inspection as required, returned into court and submitted the following report in writing:
“We the undersigned appointed to inspect the jail of Logan County, hereby make the following report.
Size of Jail approximately 39 by 84 feet. Exclusive of jailer’s Residence. Brick building with concrete floors, three stories high, with cells on first and second floors, third story unfinished.
31 apartments or cells.
Capacity 112 men.
Confined therein at present 93 persons.
State and condition of jail, Good.
We consider jail secure and sufficient for those who may be confined therein, and convicts may be kept separate one apartment or cell from the other, the capacity of each apartment or cell being 3 or 4 persons or more.
Apartments or cells are so constructed that they can be kept comfortable.
Jail is new and in good repair and condition, and supplied with Furniture and other things necessary.
As to the jailer performing the duties required by Section 40 of Chapter 41 the past twelve months, will state that the present jail is new, and the old jail recently torn, and we doubt if the jailer could during the past twelve months comply with all the requirements in all cases in the old jail which has been torn away.
At present we believe that the jailer is complying with section 40 of Chapter 41.
Wm. B. Johnson
It appearing from said report that a new county jail has been provided and the prisoners moved from the old jail into the new one but a few days before the beginning of this term of the court, and the old jail was torn down. It was not possible for the committee to make a report as to the condition of the old jail for the year preceding, but the report showing that the new jail is in good condition, ample and sufficient to provide for the comfort and well-being of the prisoners, as well as for their proper detention, and that the prisoners are being provided with suitable clothing, bedding, food and other necessaries, as required by law, the court perceives no reason for making any order changing the existing conditions, and the report is therefore received, confirmed, ordered to be filed, and the committee discharged.
It is further ordered that the said committee each is allowed for his services in this behalf the sum of Five Dollars ($5.00), payable out of the treasury of this county.
Law Order Book X, page 264, 6 May 1921
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