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This article was written by Gayle Geber, Benedict G. Fischer’s Granddaughter, October, 2011

Benedict G. Fischer, St. Paul Police Patrolman

Part VI – Prison

Harris was the first to arrive at Stillwater, being received there seven days after the three men were convicted and sentenced. Heinbaugh followed on the next day, and Warren was received in prison shortly thereafter, on October 24, 1917.

Prison officials did not see any of these men in a very positive light, at least at some points in time. It was said that Harris was “erratic, unstable and his veracity often questioned.” He was placed in solitary confinement at least once for fighting with a weapon.

Heinbaugh was placed in solitary confinement at least twice. The prison physician described him as being “unstable and undependable and from my observation of him, it does not appear that he is making any serious effort to better his ways or conduct.”

Warren believed he was being kept in prison too long. In 1922 he wrote a letter to Charles Haupt, the judge who sentenced him to prison, asking him to intervene on his behalf. Judge Haupt did write a letter to the Stillwater warden. The warden asked Frank A. Whittier, a parole agent, to respond to Judge Haupt. Mr. Whittier wrote a letter to the judge, saying, “I don’t believe any injustice has been done in this case…. The attitude of this young man has never been exactly as it should be, he is rather inclined to be surly and defiant.”

Both Heinbaugh and Harris requested permission to order books to help them learn Spanish, this at a time when few people spoke Spanish in the United States. (One wonders what plans these convicts had that would require fluency in Spanish.)

Harris, Heinbaugh, and Warren certainly had the support in prison of at least some of their family members. All three men received letters and visits from relatives. Over the years he was incarcerated, Warren’s wife wrote many letters on his behalf to the Board of Parole. Early on, Heinbaugh’s aunt petitioned for clemency on his behalf, but it was denied. Harris’ and Warren’s files – but not Heinbaugh’s – contained many supportive testimonials about their upstanding character from those who knew them in Iowa. Apparently, these individuals believed the “boys” were easily led by the wrong type of friend. While in Stillwater prison, Heinbaugh sent small amounts of money to his family in Toledo on five different occasions. Harris frequently sent money to his mother. Warren routinely sent his earnings to his wife.

Stillwater Prison BandHarris signed up for a correspondence course in “Good English” and another in penmanship. Warren was a member of both the prison band and orchestra. Three years after he was incarcerated, Warren asked if he could purchase an instrument, but his request was denied. It was suggested that he continue to use the prison’s instrument and instead use his money to support his wife and child. Two years later he made the same request, asking to spend $50 on an instrument. This time his request was approved. During the time he was incarcerated, the state paid Warren’s wife $10 per month in support of herself and their child. This was the standard amount for a woman and one child, and it was in addition to Warren’s wages of $8 to $9 per month.

All three men applied for and were denied parole many times. After serving 3½ years in Stillwater, Heinbaugh and Harris were conditionally discharged on March 24, 1921 to the Iowa Reformatory at Anamosa where they were imprisoned for their parole violation charges. Warren was paroled from Stillwater about two years later on May 29, 1923, after having served 5½ years.

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