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"Treating Convicts Like Humans," Richmond Times Dispatch. June 7, 1942. Page 45. ==== 'In the name of the debts that we have paid arc paying and are about to pay we plead for the right to defend the nation of all nations - America,' cry inmates of the Penitentiary --- By Overton Jones BEHIND those high brick walls at 500 Spring Street a restlessness In the air these days more noticeable than usual. It Isn't because the gentle breezes of Springtime drift lazily across the penitentiary recreational field where brown-dad convicts are wont to spend their idle moments In the afternoon when the work is over.

Instead it's the war responsible for the accelerated desire to say goodbye to that institution which even in peacetimes exactly the place a person would choose in which to spend his vacation. It wouldn't be accurate to say that all of the 4200 or so prisoners confined in the Virginia penal system are chaffing at the bit in their desire to get out and do their part in this war. But it is true that hundreds of these so-called outcasts of society would nothing better than to be allowed to serve in Uncle Sam's fighting forces and to take a crack at Adolph Schickelgruber and that son of the Rising Sun. In fact the prisoners writing in the current issue of The Beacon, penitentiary inmate periodical suggest that if the sinless soldiers in the army want to be contaminated by contact with "cons" then let the government set up a "Legion Damned" in which will fight men released from the nation's prisons. "It's better than an even money bet that wen the war is over we'd be hocking more medals than twice our number among the pure and undefiled," write the two convicts.

This eagerness of outcasts to join the fight for the protection of that society may surprise some of the citizenry who enjoy the privilege of coming and going when and where they please and who know nothing of what goes on behind those towering walls on Spring Street. But Rice Youell is not surprised. After all a man who's just rounded out his twentieth year as penitentiary superintendent ought to know pretty well what to expect from the men who live behind those walls. "The patriotism of the people in prison is as good as that of the people outside" he commented. Despite their confinement they too respect the principles for which America is fighting and would like to be In there doing their bit, he explained.

Not that the major would advocate throwing open the prison doors of America and letting the entire male prison population don the military uniform. That would be foolhardy. But he believes a good many prisoners should be allowed to become soldiers, their selection, of course, being handled extremely carefully. 'Give Them a Clean Sheet' And what about these men when the war is over? Should they be slapped back into the pen? "Give them a clean sheet and let them start all," Virginia's prison head suggested. If you are inclined to question the judgment on this matter it might be to recall that for 20 years his job has been to direct the handling of Virginia's prison population and in 20 years a man ought to get to know pretty well the people he's dealing- with.

Evidently Governor Darden thinks the major has done a good job for it is reported the penitentiary superintendent soon will leave that post to take over the task of guiding the Department of Corrections set up by the recent General Assembly. When he steps into his new task Major Youell can look back on 20 years of labor on behalf of the prisoners of Virginia and for the State itself His work (and he declares emphatically that the State Prison Board deserves the major credit) has drawn nation-wide attention and prison system has in many ways become a model for other States to copy.

But leaving the more technical side of prison administration for experts to deal with, it's interesting to take a glimpse back over the years at some of the human interest which have marked the V.M.I. football career as a penologist. It's hard to get him to talk about this side of his Job because the Virginia Penitentiary superintendent the dramatic type warden you read about in the novels and see on the screen. His aim has been to do a good job of prison administration without drama publicity and frills.

Last week, though, Major Youell did take a couple of hours off to reminisce a little and to recall among other things that the famed Mais and Legenza case of 1935 probably received more publicity than any other single case in the past 20 years

If you were living in Richmond on March 9, 1934, you remember how the city was rocked by news of the highway robbery of a Federal Reserve truck at the Broad Street Station overpass and the murder of E. M. Huband, the driver. Mais, Legenza and three other members of the notorious Tri-State gang pulled the job, giving Richmond an unwelcome taste of big-time criminal activities. Moving on to Baltimore, Mais and Legenza continued their career of crime but they finally were captured in that city and by August were brought back to Richmond for trial and both were condemned to die in the electric chair at the State Penitentiary.

But if Major Youell prepared a couple of death-house cells for his two newcomers due to arrive in October he was doomed to disappointment. On September 29, a date that will live in crime history, the two murderers staged the most daring jailbreak the city has ever known. Behind them, they left a trail of blood with one policeman mortally wounded and another felled by bullets from pistols smuggled into their cells. They commandeered an automobile on East Broad Street and made their escape as police from throughout this section of the country began a gigantic manhunt In Richmond the death of the patrolman fatally wounded when the gangsters made their bold dash for freedom, the suicide of the City Jail deputy who had stood guard at their cell doors and a grand jury investigation which recommended sweeping changes in the administration marked the aftermath of the sensational break.

Call Led to Arrest Cornered, finally, on the station platform at Wayne Junction, Pa., Mais and Legenza shot it out with police but Legenza broke his leg in a 30-foot jump from an embankment to a concrete street. They escaped again but the wound forced Legenza to seek hospital treatment in New York. A telephone call from Mais to a friend in Philadelphia was intercepted by police and the two finally were captured.

It was a small army of Federal men and local police which brought the two murderers to the door of the State Penitentiary on January 22 That same day they were taken separately to Hustings Court and new dates set for their execution.

For days the hardened criminals showed no evidence of fear that the end was approaching. But as the execution date drew close they began reading their Bibles praying and singing joining the chaplain in words of familiar hymns. He would tell them the story of the condemned thief on the cross and the Master's words of promise.

"When the trumpet of the Lord shall sound and time shall be no more ..." were the words which rang through death row.

Strange, when criminals whose deeds have been blazoned across the headlines are doomed to death, reactions of the public take a peculiar twist. Major Youell received one threatening letter, warning him of dire consequences if the executions were carried out. Evangelical pamphlets flooded the mail from religious folk who hoped to be the means of saving the souls of the two condemned men.

An avalanche of requests for the privilege of witnessing the executions poured into the office Twelve witnesses saw the first of the two men die another 12 watched the second death. "You are requested to be at the penitentiary Saturday February 2 at 7:30 A.M. to witness the execution of William Davis (Legenza) Please present this card at the the door." That's the way the invitations read When Criminals Fell Out MAJOR YOUELL'S 20 years' experience virtually lacks any mass prison escape episodes. There've been numerous breaks of one or two prisoners of course but nothing on a really big scale.

It was back in '35 that the major pulled what he described at that time as "a mean piece of psychology" to foil a projected prison break. It seems that he was tipped off that five of his guests in the big house were planning to vamoose without lingering to say goodbye. But he didn't throw the five into solitary confinement or take other drastic measures. Instead, he summoned each one of the plotters individually to a prison office and seated him before an open door, where fellow conspirators could see him when they went by to the mess hall. As the major had anticipated, each plotter thought the others had squealed and a quarrel resulted. The escape plans collapsed.

Directing administration of a prison is a grim business but not without its humorous side .Take the case of the phoney French millionaire. One day back in May' 1936 Major Youell received a letter addressed to "Monsieur le Directeur du Penitencier de I-Etat de Virginia Etats Unis d'Amerique du Nord." The major opened the letter and saw it was in French and being no expert at reading that language he sent it to Arthur James, then State Welfare Commissioner, who made a translatio,n but figured better get somebody else to translate it, too, so he forwarded it to Principal James Harwood of John Marshall High School. A teacher of French at the school finally translated it and sent it back to Major Youell. First, there was a newspaper clipping from a French paper which said that "it is the penitentiary of Virginia which harbors this unusual prisoner" a nobleman who killed a woman who refused his advances being sentenced to life imprisonment for the crime. "In his cell (said the French newspaper) Juan set up an extraordinary washing machine so extraordinary that he found a' partner who allowed him 50 per cent on the profits. A year later the lawyer for the prisoner already had several thousand dollars to the account of his clien.t This did not fill Juan with Joy. He despaired at finding himself rich and in prison He attempted suicide twice. Having been saved from suicide the prisoner has become a philanthropist and from his prison he carries on works of charity he comes to the aid of poor people and of Don Juan has become a patron of the arts."

Then there was a letter to Mr. Directeur asking him to pass on to Juan another letter which explained the purpose of the communication In the letter to Juan the writer told a sad story of being broke and pleaded with the nobleman "to make a Frenchman happy by sending him same of those dollars which you dispose of."

Major Youell didn't have any prisoner answering the description of the nobleman but he did repent having at that time a French prisoner a master of invention and a little queer mentally. This fellow he said may have smuggled out a letter which resulted in the French newspaper article.

One of the less imposing but important achievements at the penitentiary in recent years has been the building up of a prison library under the direction of the Rev. Henry Lee Robison, Jr. director of religious work in State institutions.

Travel books are the most popular nonfiction volumes in the library, Mr. Robison reported. One day just before delivering a sermon to the inmates, Mr. Robison held up before them some travel books which had just been purchased for the library.

"All of us ought to be interested in traveling," he declared. There was silence for a few moments and then a roar of laughter swept through the assembly room, much to the embarrassment of the clergyman. That however was not as inappropriate as the remark made by a speaker, who told the prisoners as he left them after making an address on one occasion that he would be back the following year and "I hope to see you all again."

But more popular than any of the nonfiction books even travel are the Zane Grey Western stories. Murders too are eagerly sought after In for Readers" in The Beacon comments run like this: 'Murder Up My Sleeve," by Earl Stanley Gardner is typical of Mr. Gardner's stories. A millionaire with a reputation was murdered. Terry Clane, a new and exciting character created by Mr. Gardner, found himself involved. Using extraordinary methods to solve an extraordinary murder he beats them to the punch in a mystery that is filled with surprise cunning and excitement." And in another comment the prisoners are told that in one book the villain killed people "with mirthful and original inventiveness."

Interest in the library has been stimulated through the school at the penitentiary attendance at which is compulsory for all men who completed the fifth grade of schooling. Superintendent Youell is a firm believer in education of men within prisons, bemoaning that some people feel it's a waste of money to provide educational facilities for prisoners. "It is such a pity that so many people have the age-old feeling that the closing of prison doors behind a prisoner ends his case," he said. "We all know that the vast majority of prisoners go back to society so it is only a common sense problem that we should do everything in our power to salvage just as many of these unfortunates as possible," The penitentiary school's first annual commencement exercises were held in June 1937, in the prison chapel, while outside a terrific rainstorm beat at the windows. The stormy weather was not an omen of the future history, as it has grown in popularity and usefulness, although those directly responsible would like considerably more money to provide better equipment with which to work.

One old Negro convict who even read a few years ago now values above all his possessions a Bible and an oversized dictionary. He gave a Negro boy five bags of marbles for the dictionary. Asked how much he would sell his two books for he replied:

"Boss them books are going to be with me when I die." There was another man who was condemned to die in the chair but shortly after the sentence was commuted to life imprisonment he turned up at the school and in due course was graduated after having completed the fifth grade. Not satisfied with graduating once, he was on hand again the following September and went through the course and was given another diploma. They finally had to make him an instructor to get him out of school. Three Causes of Discontent SPEAKING with the authority of a man with 20 experience in penology Major Youell last week listed three things which can cause trouble among prisoners at a penitentiary: overcrowding, poor food, and idleness. Today, the food at the penitentiary is good - not fancy, of course, but adequate and nourishing. The writer of this article and Major Youell were walking through the penitentiary last week when the superintendent stopped to chat a moment with an old Negro prisoner. The Negro who said he had been at the pen since 1904, was asked about the food and according to his account what's put on the table in the prison mess hall today is like a banquet compared to those days when he first entered the institution.

As to idleness today, there is no such problem at the prison here. Ten excellent prison industries are operating teaching the men fine workmanship in the wool and cotton textile trades, printing, metal trades, and machine shops. Not only do the men learn useful trades, which they can find of value when they leave prison, but they also are kept occupied producing goods which State institutions use. In the field of prison industry Virgina's penitentiary stands as a model for other States. As to the first of the trouble-makers listed by the superintendent - that of overcrowding Virginia - certainly has been guilty of allowing this situation to exist at the big house on Spring Street. In small cells which only one man should sleep three men have been living. One of the three has had to sleep on the floor.

Fortunately, though, even as this is being written officials are making arrangements to move many of the prisoners to the new cell house just completed on the penitentiary grounds and when the new unit is occupied there will be only one man to a cell. Each cell has a cot, table, chair, sanitary facilities, an enclosed lighting fixture, operated from a main switch, and plugs for radio headsets. Each prisoner will have earphones on which he can listen to the radio according to Major Youell.

And so life in the penitentiary moves on a life not pleasant perhaps but far less abhorrent under modern penal theories than that of even a few decades ago when all emphasis was on punishment and not on rehabilitation. Today in Virginia's penitentiary convicts can express their views through their own prison publication, just as they are doing in the timely discussion on the proposal that men in prison be released to serve in the armed forces.

"The heart that beats under a prison shirt is Just as truly American as the heart of the man in the street," says The Beacon. "Contrary to popular belief most men in our prisons today have an honest regret for the mistakes of the past and a burning desire to make amends. Most of us ask for plead for the privilege of defending a flag that is as dear to us as to John Q. Public. Most of us would feel extremely honored to die behind a smoking gun aimed toward society to know that we too know how to die for so worthy a cause. "When America has completely smashed her rodent foes and if there should be any of the 'Legion left alive reward us with supervised parole until proven our right to permanent freedom.

"In the name of the debt that we have paid are paying and are about to pay to society we plead for the right to defend the nation of all nations, America." Photo captions:

Top left: Rice Youell (left) who has rounded out 20 years as penitentiary superintendent confers with Frank Smyth who is in charge of prison industries such as the metal shop at right. Middle: Dapper Gangster Robert Hals and his henchman Walter Legenza created more notoriety for their murderous robbery here and subsequent prison break in 1934 than was attached to any other Penitentiary case in the last generation.

Top right: Trouble caused at the Big House by crowding three into a one-man cell about to be done away with.

[Top notch carceral propaganda - the large scale Virginia road camp system, where the majority of African American prisoners were incarcerated, is not mentioned once.]

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