THE DUNEDIN GAOL INQUIRY.— REPORT OF THE COMMISSIONERS.

Daily Telegraph (Napier), Issue 3787, 4 September 1883, Page 4

THE DUNEDIN GAOL INQUIRY.— REPORT OF THE COMMISSIONERS.

[by telegraph.] Wellington, This day. Tho following is the report addressed to the Governor by tho Dimedin Gaol Commissioners:—Sir,—Wo havo the honor to report that as soon as practicable at tor tlio result of your Excellency's Commission, dated tho sth of Juno last, commanding us to make' enquiries into irregularities in the management of the prison iitDunediii, alleged to have taken place during tho years 1877 to 1883 inclusive, we proceeded to Diinodln, when we took tho evidence of a large number of the prison officers and cx-oflicers, and of the prisoners and ex-prisoners. Subsequently in consequence of the removal of several officers and prisoners from the gaol at Dunedin to those at Wellington, Lyttolton, and Addmgton, we visited the ln.itnamed places in order to procure all available evidence bearing upon tho subject of tho inquiry. In forming an estimate of the value of testimony of habitual criminals we have been guided to some extent by the demeanour of the individual witnesses, but maiuJy by tho amount of corroborntion which their evidence received from more trustworthy sources. We now submit to your Excellency the conclusions at which we have arrived, namely, that tho undermentioned irregularities in tho management of the Dunedin Gaol are proved to have occurred during - tho years 1877 to 1883, inclusive. That several prisoners wore continuously treated with special indulgence by the gaoler, with the general knowledge and sanction of the visiting justices. That charges of idleness and other offences brought against prisoners Avero habitually held over for and sometimes months, before being finally deult with, although tho justices visited the gaol at least once a week, and generally more frequently ; in one case eighteen charges had been made against a prisoner, extending over a period of six weeks, before any one of thorn was finally dealt with. That minor offences—that of idleness especially—were frequently punished by the visiting justices by repeated sentences of additional imprisonment, for terms, in many cases, amounting in the aggregate to far more than the original sentence of the prisoner, and that as in many instances the punishment of additional imprisonment wns awarded for a first offence, or, at nil events, as a first punishment, the visiting justices, in the opinion of the Commissioners, acted without authority of law,_ as •well as Avith undue severity. That sufficient care Avas not taken to establish charges _of malingering, one prisoner having died whilst under punishment for that offence in tho shape of reduced diet and additional imprisonment, and another having been under punishment for malingering by reduction of diet and additional imprisonment coiicniTcntly with i-eyuhiv treatment by the medical officer, as shown by repeated entries in the proscription book; in the latter case, moreover, on the man's eventual discharge the medical officer procured his admission into the Dunedin Hospital. That on the occasion of the inquest upon the body of the prisoner first referred to in the last paragraph the gaoler did not tender tho evidence of either tho Avardons or tho prisoner wardsman avlio avctc in attendance on tho prisoner at the time of his death, and that coroner and jury Avoro in consequence not in possession of evidence best calculated to guide their decision upon the case. That some of tho warders Avero urged by the gaoler to make more frequent charges of idleness or other offences against the prisoners than those officers considered necessary. That a system of espionage was encouraged by tho gaoler amongst the Avardcrs, and also amongst the prisoners, both as regarded themselves and the officers in whose chnrgc they Avero placed, and lhat good feeling amongst the officers, as well as the general discipline of the gaul, Avere thereby injuriously affected. Tho female prisoners were frequently put in temporary charge of male Avarders, ami that proper care avjis not taken' to keep female prisoners apart from cither Avarders or male prisoners while confined in their cells, and Avhile engaged in (■scrubbing and other Avork in the male side of tho prison. That the gaoler, Avith the sanction of the medical onicer and tho knowledge of tho visiting justices, at various times gaA'o spirits to prisoners, and that this practice Avas by no means confined to cases of sickness. That the medical officer did not take sufficient care to inform himself of his duties, and did not keep a satisfactory record of his professional treatment of prisoners. That some of tho prison stores Avcrc on one occasion improperly concealed from the Inspector of Stores, hut Hint the gaoler had no dishonest intention in such concealment, and only wished to obtain a moro plentiful supply for gaol purposes. That gratuities in excess of tho maximum sum allowed by law, have in two or three cases been given to prisoners on their discharge. That some of the prisoners, including habitual criminals, Avero permitted by tho gaoler to take part in the proceedings of something of tho nature of si debating society, and that on one occasion an operatic performance was held in Avliich prisoners took part, and that botli tho debating socictyand tho opera had the sanction of the visiting justices. That both the gaolcr_ and the visiting justices showed a hostile spirit, toAvards the Inspector of Prisons from tho first, and that tho gaoler impeded him in the execution of his duties; .in one matter, at least, persistently disobeying his orders, and that tho gaoler gave causo for much unnecessary correspondence by evasive ansAvers to the Inspector's enquiries. That the gaoler obstructed the Inspector in carrying out his desire to see prisoners and hear their complaints, unrestricted by the presonca of the gaoler or other officers of tho prison. Wo wish at the same time to ask 3 r onr Excellency's attention to tho following further conclusions to Avhich Avo have been led by the evidence before us:—That many of the irregularities lately existing in tho Dunedin prison Avore tho continuation of arrangements and practices which prevailed whilst tho gaol was under provincial management, and Avhich'Jind apparently tho sanction of the provincial authorities. That the visiting justices, especially Captain Frascr, Mr Logan, and Mr BroAvn, have been unremitting in their attendance at prison and in their attention to its affairs. That tho gaoler, Mr CaldAvell, has throughout given most zealous attention to his duties. That although the gaoler has been rough with the prisoners on many occasions, the charge of serious personal violence appears to be Avithout foundation, and it Avas proA'od to our satisfaction that he treated sick prisoners with CA'cry care and attention whenever lie Avas satisfied they Avero really ill and not malingering. Wo havo already stated that the A'isiting justices, Captain Frasor, Mr Logan, and Mr Brown, have been unremitting in their attention to their duties; at. the same time we aro reluctantly compelled to state that in our opinion those visiting justices arc responsible, not only for tho manner in Avhioh they have dealt Avith prison offences, but also in a great measure for tho breaches of regulations and tho irregularities {JAvhich Avc havo pointed out, and were it not for the absence of Captain Fraser, avlio had no opportunity of explaining his action, and our belief that the adoption of tho suggestions avo append to this report Avould render a repetition of such abuses impossible, avc should have felt constrained to recommend your Excellency to remove those gentlemen from their position in connection Avith the prison.

Although by the terms of our commission we arc not required to do so, wo feel justified in oJfcring the following recommendations for the consideration of your Excellency's advisers: —1. That the late gaoler of Dunedin prison, Mr James Cald■iv'oll, bo required to retire from the service upon the pension to which we understand he is entitled. 2. That the services of the medical officer, Dr. Burns, be dispensed ■with. 3. That Warders Flanncry, Watson, and Noonan be removed from the service. 4. That all the warders in Dunedin prison ivho have served therein for more than three years bo exchanged to other prisons fit the earliest opportunity. ■ '). That all prison officers, including gaolers, should in future bo .appointed subject to the condition of periodical removal to other prisons. 0. That all charges against warders shall, if required by the accused officers, be heard by a Resident Magistrate together with one or more visiting justices. 7. That the powers and duties of the Inspector of Prisons bo clearly defined by Act. 8. That every first offence of malignering should be dealt with by a Resident Magistrate, and that the evidence of two qualified medical men should be required for conviction. 9. That tho power of punishment of prison offences by imprisonment, now intrueted to visiting justices, should be

vested in Resident Magistrates after hearing in open Court. 10. That a monthly return of all punishments for prison offences be furnished by each gaoler to tho Inspector of Prisons. 11. That stringent regulations should be formed to provide for tho safety of prison armouries. 12. That as regards first-class prisons, during the absence of the matron, cither on leave of absence or from other causes, tho gaol should not be left Avithout a female officer being in attendance on the female prisoners. We return to your Excellency hercAVith the commission" Avith Avhich you have honored us, and avc also enclose the Avhole of the evidence avc have taken in tho course of the enquiry.—We have, «fee., Oswald Cuktis Caleb Wiutei'oord. Dunedin, August 18th, 1883.