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"Convicts In Kingston Beating Up Guards," Toronto Star. July 28, 1933. Page 1 & 2. ----- JUDGE TELLS COUNSEL CONVICTS OUT OF HAND IN NEW FEMALE PRISON ---- Deputy Warden Sullivan Admits One Prisoner Received Five Lashes ---- TROUBLE SEETHING ---- Frank Regan Protests Such Treatment to Man Wanted as a Witness ---- Kingston. July 28. - That Kingston penitentiary is seething with trouble at the present moment, was the surprise information uncovered when Frank Regan, defence counsel, dramatically halted cross-examination to register a complaint with Judge E. Madden that one of the defence witnesses, Convict Roberts, who was to be called to the stand as soon as the crown's case is concluded, had not been produced at the courthouse. It was intimated by Judge Madden that, convicts in the new female prison were getting out of hand and beating up the guards.

"There has been plenty of trouble at the penitentiary these last few days and your man has been connected with it," said the judge. "He has to be dealt with by the prison authorities."

"I am told he has been given 20 lashes," said Mr. Regan.

"That's not true," objected Deputy Warden Sullivan from the stand. "He only received five Iashes."

"I want to protest very vigorously against the action of the warden lashing a man whom he knows is expected here as a witness. That man will not be in fit condition to come now," objected Mr. Regan.

"He may not be fit this morning perhaps." said the judge, "but he should be ready when you need him. if a man has been incorrigible and causing a disturbance his appearance here should be postponed."

"Yes, if he was, but I'm told he wasn't. He could have been put into the hole in the prison of isolation until he had come here to give his evidence."

Could Put Him In Cell "But if the man refused to go into his cell and the guards had to pound him in-" said Judge Madden. "That would be different," agreed Mr. Regan, "but if they had him in a position for lashes, he was in a position to be put in his cell."

"As I pointed out last night." said his honor, "this court has certain privileges here that cannot be extended to the penitentiary. If you still would like to have this convict available this afternoon I'm sure that Col. MacKay will take the necessary steps and also see that additional punishment is deferred."

Must Use Force "Yes. This witness is very important and I need him as soon as I start the defence," said Mr. Regan.

"We can't help what has already happened and we don't even know all the facts. I believe that the prison officials have done all in their power to assist the court. I think they will be glad to hear when you have left town, Mr. Regan," "said Judge Madden, with a smile..

"The men are absolutely out of hand and reasonable force must be applied," said Col. MacKay.

Explanations Due "If the convicts in the female prison are about to take over control and the guards are being beaten. reasonable force must certainly be applied," said the judge.

"I endorse that but I don't propose for one minute for a witness to be lashed before going into the box," said Mr. Regan.

"Full explanations are certainly due," said the judge. "The whole affair has been unfortunate." The Star learns from prison authorities that yesterday two convicts had a fight in the new female prison. This, according to Warden. Megloughlin, was something prison authorities could not prevent. On Wednesday convicts in the female prison refused to eat their breakfast but Warden Megloughlin later on said they all ate luncheon. Deputy Warden George Sullivan was brought back into the witness stand this morning to face the charge levelled by Frank Regan, that he and other guards had met tgether and decided what charges to lay against convicts and in what language to couch the reports.

"I sat with Guard F. Doyle, that's all," said Sullivan.

"I suggest that you sat with other guards," said Mr. Regan.

"If I did I don't remember," was the reply.

"You will agree with me that these are suspicious circumstances."

"It would have been if some of the guards who sat together did not know the offences for which the convicts were being charged."

Defence counsel produced a report signed by Doyle and Sullivan. He pointed out certain information had been added at the top of the report and other information at the bottom and signed by Guard Kenny.

"Was this done in your presence?" asked Mr. Regan. "I don't remembeer." "If it wasn't it is a forged document."

"I don't see what difference it makes as long as there is no information to which witness doesn't subscribe", interposed Col. K. MacKay, crown counsel. "Why was the date Nov. 7, 1932 changed to October 17, 1932?" "I don't know."

"Then this report is a forged document," thundered Mr. Regan. "Why was it done?" "To keep the books correct perhaps?" "I don't think the word 'forged' should be used." objected Col. MacKay. "The change was made roughly and obviously not for purposes of deception."

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