DUNEDIN GAOL.

Dunstan Times, Issue 1114, 7 September 1883, Page 3

DUNEDIN GAOL.

REPORT OE THE COMMISSIONERS. The following is the report addressed to the Governor by the Dunedin Gaol Corn* raissioners : Sir—-We have the honour to report that ns soon a? practicable after the issue of your Excellency's commission, dated sth June la-t, comm mding us to make inquiries into irregularities in the management of the prison at Dunedin alleged to have taken place" during the years 1877 to 1883 inclusive, where wo took the evidence of a largo number of the prison offic-rs and ex-officers, and of pris .nets and ex-prisoners. Subsequently, in -consequence of the. removal of several officers and prisoners from ' the gaol at Dunedin to those M Wellington, Lyttelton, and Additiglon, W<S -Visited Hid hurishaihed p'aoea in order to procure all; tho available e- idence bearing on the subject' of inquiry. In forming "an estimate of , the value of the testimony of habitual jcriminals wo have been guided to some extent by the demeanour of the individual witnesses, but mainly by too amount of corroboration which their eyidenos received from more trustworthy sources. We now submit to your Excellency the conclusions at which we have arrive I —namely, that the undermentioned irregularities iu the management of Dunedin Gaol are proved tp.have occurred during the years'lß77 and 18S3 inclusive. That several prisoners were continuously treated with tho genera! knowledge and sanction of the visiting justices. That charges of idleness and other offences brought against prisoners were habitually held over forwia'cs. and suuetimea months, before being iniaßy dealt wilh, although the jusv tiers visited tho gaol at least once a week, and generally mote frequently ; in one case eighteen charges had been made against a prisoner, extending over a period .of, six weeks, before any one of them was finally dealt with, ’’’hat minor offences, and that of idleness especially, wore frequently punished by the visiting justices by repea ed sentences of additional imprisonment for terms in many eases amounting in tho aggregate to far-more than tho o iginal <entence of ho prisoner, and that as iu many instances the pm ishjnent of additional imprisonment was awarded for a,first offence, or at all events as a first punishment, the visi'ing justices in the opinion of the Commissioners. acted without the authority of law as well as with undue severity. That sufficient care was nor, token to establish charges of malingering, one prisoner having died whilst under punishment for that

offence in the shape of reduced diet and additional imprisonment ; and another having heen under punishment for malingerin ' by reduction of diet and additional imprisonment oonourrehtlv with regular treatment by the medical officer, as shown by reoeated entries in the prescription book. In the latter case, moreover, on the man’s eventual discharge, the medical officer procured Ids admission into tho Dunedin Hospital. r J hat, on the occasion of tho inquest on tho prisoner first referred to in tho last paragrapi, the gaoler did not tender the evidence of oithor warders or prisoners’ wardsmen who were in attendance on tho prisoner at the time of his death, and that the coroner and jury were in consequence nbt In possession of evidence calculated to guide their decision upon the case. That some of tho warders were urged by the gaoler to make more frequent charges of idleness or other (■(fences against the prisoners ’ban those officers considered necessary. That a system of espionage was encouraged by the gaoler amongst the warders and also amongst tho prisoners, both as regarded themselves and the officers in whose charge they were placed, and that good feeling amoog the officers as well as the general discipline of the gaol were thereby injuriously affected. That the female prisoners were frequently put in temporary charge of male warders, and proper care was not taken to keep female prisoners apa-t from warders or male prisoners while confined in their cells, and while engaged in scrubbing and other work ip the male side of the prison. That the , giioler, with the sanction of tho medical officer and' the knowledge of tho visiting Justices, at various times gave spirits to prisoners, and that practice was 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 medical treatment of prisoners. That some of the prison stores were on one occasion improperly concealed from the inspector of stores, but that the gaoler had no dishonest intentions in such concealment, and only wished to obtain a more plentiful supply for gaol purposes. That gratuities in excess of the maximum sum allowed by law have.in two or three cases been given to prisoners on discharge. That some of the prisoners, including habitual criminals, were permitted by the gaoler to take part in the proceedings of something- ot the nature of a de hating society, . arid ' that on one occasion -au opera performance was held in which-prisoners took part, and that both tho debating society and tho op’ra had the sanction of the visiting justices. That both the gaoler and tho visiting justices showed a hostile spirit towards Inspector of Prisons from the first, and that the gaol'T impeded him in the execution of his duty, on matters at least persistently disobeying his orders, and that the gaoler give cause, for much unnecessary correspondence by evasive answers .to the inspector’s inquiries. That the gaoler Obstructed the Inspector in carry.ng out his desire to see prisoners, and hear their cnranlaiuts unrestricted by the presence of the gaoler or other officers of the prison. We wish at the same time to ask your Excellency’s attention to the following further conclusions to which we have arrived from the evidence before us. That many of the irregularities lately existing in *he Dunedin prison were the continuation of arrangements and practices which prevailed whilst the gaol was under Provincial management, and which had apparently the sanction of the Provincial authoiities. That the visiting justices—especially Cap-tain-Eraser, Mr Logan, and Mr Brown—have been unremitting in their attendance .at the prison and in their attention to its ■ affairs. That the gaoler, Mr Caldwell, has I throughout given most zealous attention to his duties. That aithouiih the gaoler has ' been rough with the prisoners on many occasions, the charges of serious personal violence appear to be without foundation, and it was proved to bo our satisfaction that he treated sick prisoners with every care an 1 attention whenever he was satisfied that they were really ill, and not malingering. We have already stated that tho visiting justices—Captain Fraser, Mr Logan, and Mr Brown—have been unremitting in their attention to their duty ; but wu are reluctantly compelled to state that, in our opinion, those visiting j uatiees are responsible, not only for the manner in winch they have dealt with prison offences, but also in a great measure for the breaches of regulations and irregularities which we have pointed out, and were it not for the absence of Captain Fraser, who had no opportunity of explaining his action—and we believe tho adoption of the suggestions we append to this report would render a repetition of such abuses impossible —wc should have felt constrained to recommend your Excellency to remove those gentlemen from thoir position in connection with the prison. Although by tho power ot our commission we are not required to de so, wc feel justified in offering tho following recommendations for the consideration of your Excellency’s advisers 1. That the late gaoler of Dunedin prison (Mr Janies Caldwell), bo required to retire from the service upon the pension to which wo understand ho ia entitled. 2. That tho services of the medical officer (Dr Bums), -Vie dispensed with. 3. That Warders Flannery, Watson, and Noonan bo removed from the service. 4. That all the warders in the Dunedin piison who have served therm for more .than three years be exchanged to other prisons at the earliest opportunity. 5. That all prison officers, including gaolers, should in future be appointed subject t,o the condition of periodica! removal ttrofli'er prisons. • 6. That all charges against warders shall, -if required by. tho accused officers, be heard by president magistrate, together with one or more visiting justices, 7. That tho powers and duties of the Inspector of Prisons be clearly defined by Act. 8. That every first offence of malingering should bo dealt with by a resident magistrate, and the evidence of two qualified . nien should be required for conviction. .9. That the power -of punishment of prison .offences by additional impria .ument, now entrusted to tho visiting justices, should bo vested in a resident magistrate, after hearing in open Court. 10. That a monthly return of all punishment for prison offences bo furnished by each gaoler to the Inspector of Prisons. 11. That stringent regulations should bo framed to piovido for the safety of prison armories. 12. That as regards first-class prisons, during the absence of tho matron, oitiier on leave of absence or from other calicos, the gaol should not be left without a female officer being in attendance on the female pi Loners Wo return to your Excellency tbo commission with which you have honoured na, and wc also enclose the whole of tho evidence wo have taken in tho course of tho inquiry. -Wo have, etc., Oswald. Curtis. Caleb Wuitefoord. Dunedin, August 15th. 18S3.