GAOL INQUIRY.

Nelson Evening Mail, Volume XV, Issue 213, 7 September 1880, Page 2

GAOL INQUIRY.

YESTERDAY. Thompson having no more witnesses to call, made the following statement : — I have a few remarks to make now. Since this enquiry has been going on I havo been kept apart irom all other prisoners which has given me ample time for reflection, and I have come to the conclusion that I whb wrong with regard to my being entitled to earn remission of eentenco without first passing through a period of. probation in this prison, and that this case is going too far, and that I have been ill advißod over since I huvo been in this gaol. I deeply rogret that this enquiry was ever commenced. There was a motive for it no doubt, but I question if my interests alone were consulted, it would not have been allowed to lie dormant for six months. There seems to bo an impression that I was out of my mind at the time, in conFequenco of my Baying that I was nervous, but I distinctly state that I was not, and never intended my words to be taken in that sense, nnd I have no doubt I deserved all I got for using such bad language, nnd that many exaggerations and misrepresentations have beon imported into the case, and request to be allowed to ■withdraw the charge. The Bench stated that it would not be fair to Mr Shallcrass to allow this, as before the charge was withdrawn he should have an opportunity of bringing forward any evidence he might have. Leonard Boor, examined by Mr Sballorass : I am medical o nicer of tbo Nelson Gaol, and ako ot the Hospital snd Lunalio Asylum. Thompson wae token to the asylum on tho 3rd December, 1879, and discharged cured on tbo ?rd February, 1880. Jtwasriot a bad

oaee. He never made noise at v night by kicking against, his cell door violently. He never continued for hours using obscene lan* guage, &o. Ido not think that confinement for five hours would oause him to do so. That treatment is used at the asylum for quieting a patient. Sinoe his discharge from the asylum I have never received any information from the gaoler or any other person that his mind was again affected. I have seen him myself on several occasions, but have not notioed anything wrong in his state of mind. He put some questions to me at the Snpreme Court, at the hearing of the assault case. I did not see any signs of insanity in him when the case came before the Magistrates. I sometimes use the gag in my practice. The use of it is not dangerous or painful. I see the gag that was used for Thompson. If a piece of rag was wound round that, making it twice the size, it would not hurt. [Dr Boor hero produoed the gag he used in his profession/] I do not think it would hurt him if it was left in his mouth for three-quarters of an hour. 1 consider that the way in which Thompson is reported to have been bound would only be sufficient to oause pressure and irritation on the wrist j perhaps tbo flesh might have been broken had he endeavored to extend his legs. If he was to remain quiet in that position no ill consequences would arise ; the position would be inconvenient, but not painful. I don't think a man in that position could break the skin on bis inßtep unless there was any struggling. I don't think the position described would cause so much pain that a man would not be able to move about tho following night, or be obliged to sit crouched up in one corner of his cell all night without moving. Even if a pernon bud been for some hours in that position he would not have been so bad as that; poihaps only a little stiff for a short time after If a person was struggling in the noaition described the pressure of the handcuffs upon the nerve of the thumb Would cause a numbness in tho course of the nerve, but not over the whole thumb. I don't think it would j cause a queer irritating sensation in the palms | of the hands and tho soles of the feet when he got hot while working 14 days at least afterwards. I don't think it would cause his hands frequently to twitob, and often when be ib asleep in bed to be awakened by his legs being drawn up under him, exactly the same as when they were lashed up to his wrists six monthß before. It would not cause him to find himself partially deaf in the left ear, at times, six months afterwards. If a man was bound in tha way described, but instead of his feet being drawn up close to bis hands tho cord was sufficiently Jong to allow him to raiße Imb feet voluntarily so that when raised the cord was slaok^that would not hurt him unless he struggled. A few inches of play would cause a greater pressure upon the wrists f he struggled. If a violent lunatio wern treated ii that manner for three-quarters of an hour, I don't think it would make him perfectly quiet, and act like a rational man afterwards. I think it would be more likely to increase his violence. If a man had been kicking violently with bis feet against the door of his cell at frequent intervals, so as to shake the whole building, and shouting at the top of his vqioe and singing and making other noises for five hours, part of the time with a gag in his mouth, he would be likely to experience a dryneas in his tbroat even to hoarseness, and some exhaustion. Thompson was charged, while in the Asylum, with feigning madness. I taxed him with it the next morning. I informed you of my opinion when he was sent back. Warder Burke does not always tell me when I come to the gaol to see a prisoner that the man is scheming. Thora is no force required when a man is lying upon his side with his hand behind him to make his hands and heels meet ; they coma together almost naturally, especially in a young, Active man. I consider Thompson an activo man. I consider the position described an unnatural one as far as the hands are ooncerned. Children, and very otten grown up persons often lie all night with their heels almost touching their buttocks. If a violent luuatio were put in adark cell it would do him no harm, in fact he would benefit by it. I would be surprised to find a person dead in the morning, after being treated as Thompson was from the effect of the treatment; I was called to tho gaol, on Thursday last, 2nd inst., to see Thompson. He oomplainad indefinitely that, he was suffering from heart and liror. I examined him. His organs are sound. I was called to see Edward Price on tha 18th February, while in solitary confinement. I prescribed for him, and sent a sleeping draught to the gaolor to administer. N^rcotio medicines are not sent by me to the gaol for indiscriminate administration ; none are given to my knowledge. ' Sergeant Nash, sworn and examined by Mr Shallorass :" I am police sergeant at Nelson. I remember you coming to me on the nipht of the Ist March last, at the 'Trafalgar oorner. Constable Withers and I came with you to the gaol. That was between twelve and one at night. I heard a noise before we reached the gaol. I afterwards ascertained it was made by Thompson. I heard some profane language. Cor.stablo Withers and I wont with you to Thompson's coll. Tho handcuff* were put on with his hands behind hii back. He was then left. I heard other noise besides bad language whon we were downstairg, I .heard Thompson, as I thought, knocking against the wall or floor with his handouffs. He struck them heavily. We then went back to hiß cell, and laid hia. on tho floor faoa downwards. I tiod hiY two feet with a piece of rope, and drew his feet close up to the chain of tho handcuffs. It was a piece of a clothes line. I bavo never heard »uoh filthy expressions in my lifetime as Thompson was using then. A gag wai then made downstairs, Thompson having boon loft tied. The gag was made in your room. Constable Withers made it. It was made from a piece cut off from a switch, and a piece of rag was bound round it afterwards. The rag was put on the gag so that his month should not bi hurt. The gag was not fitted into his mouth beforo tho rag was put round ifc. The gag, when made, was put into Thompson's mouth. Constable Withers put it in. I laid hold of it ,by a couple of my fingers whon ifc was fixed into his mouth, and told Withers not to tighten it any more, but to slacken it off. Before I laid him on the floor I slacked the cords from off his legs. I then laid him on his left side, and put a jumper and blanket, rolled up, under his head. The cord was not drawn tightly up when we left him. The cord wai long enough, I should think, whon Thompson was left, to enable him to draw up his feet and make it slack. I remarked when we loft, " There is nothing to stop oiroula* tion." Thompson was still making great efforts to make himself hoard. Wbon we returned to your room wo oould hear him still trying to talk. Your offioo it in the front of the gaol; Thompson was at the back. I remember Constable Withers saying, previous to our leaving the gaol, " He will be all right now till morning."* I heard you tell Mr Atkinson to loose him as soon as be waa quiet. " I havo been in the polioe force over 23 years. I havo beon 14 yeara undor. you in tho police in Nolson. I have never known you use any unnecessary harshness towards a prisoner. [Witness here produoed the handouffs that were used.] Thompson gave no cause to be roughly handled that night. I havo always considered it my duty, up to tbo time this enquiry was asked for, to assist the gaoler whenever ho required us. I have been called to the gaol by a former gaoler to assist in putting mon in irons. I don't consider it my duly at the preeent time, because Mr Atcbeson, tho Superintendent, has censured me for coming to the gaol the night in question. By the Bench : Thompson had a pair of canvas tiowsere and a pair of Bocks between the rope and his skin when wo had tied him. Constable Withers put tho rag round the gag, and tiod it on with a piece of thread. Henry White, chief warder in the "Nelson Gaol, examined by Mr Shailcrass : I remember the Ist March last, when Thompson was punished for refusing to go to work j it was at 3 p.m. He was confined in hii own cell. I saw him at 5.15 again. He was then quite quiet. I was off duty that night. I went to his cell at 5.30 on purpose to give him hiß supper. I left the gaol at 7.15. There had been no noise made by Thompson up to that time. I Baw him again about 7.15 next morning. He did not complain to me of anything. I did not observe anything the matter with him. He did not make any oo&plaint; to. toe or onv one, as far as I am

aware, during his confinement. , I have never heard anything about his wrlstd and ankles boingßwelied. I don't know of anything you had done to cause Thompson to behave to you as he did that nighL Ha hnß been treated as other prisoners are at this gaol; . I never saw any indications of insanity about. him. I put, handcuffs upon you with your hands behind your back about a month ago, and tied a cord round your ankles and paßsed it between your arms und over the connecting link of tho handcuff's, and fastened it with your legs bent. You remained in that position half an hour. I saw no indioatiou beyond a little redness on the wrists that it hurt you. He might have remained in that position a considerable time without being hurt, had he kept still. He has been punished since then. A portion of his last sentence was passed in a dark cell. He was quiet all tho time. I neter told Mr Atkinson I was glad you were away when Brooks was punished, Or you Would have smothered it over somehow. I did not notioo any soreness on Thompson's lips on the morning of the 2nd March. I never read the ruleß when Price was confined in a dark cell outside his door, for the purposo of annoying him: The water was thrown Bideways, so sb to WBsh away tho mess Thompson had made, and not into the cell. Prisoners have never been kept in the solitary cell longer than their time. We are always very particular about that. I have never known Bleeping draughts given to prisoners when in the solitary cell. I was off duty the night Dr Boor sent the medicine to Price when he waß in solitary confinement. I have often beard Mr Atkinson make remarks so that the prisoners when in the dark cell could bear him as he passed ulong, such as "Poor fellow," "Sbame," &c. Itis against the regulations. The enquiry was then adjourned till this morning. Charles Hunter Brown, sworn and examined by Mr Shallcrass : I was a Visiting Justice to the Nelson gaol, and was so on the Ist March last; hut have since resigned. On the Ist March I sentenced Thompson to fourteen days solitary confinement in a light cell for the double offence of refusing to go to work and also refusing to go to the cell when ordered to do so by the warder ; seven days for each offence, not to run concurrently. I saw no indications of insanity about Thompson on that day. I remember you reporting to me next day that you had been obliged to put Thompson in irons on the previous night. You told me at the same time that the gag had been put in his mouth, and he had been tied as described. No one complained to me about what had been done to T&ompsoil. I cilnnot say whether, from what I know of Thompson, it would be likely that if he had an opportunity of complaining on any occasion he would he likely to neglect the opportunity. I consider him an insubordinate man, but can't say if he would be likely to complain on every possible occasion. The Prisons' Act authorises the gaolor to put a man in irons and under mechanical restraint in case of necessity. I consider that this 1 case justified such treatment. The prolonged noise ! and disturbance wei'e sufficient to justify a man being put under severe restraint. Under the circumstances of. the prisoner using such language, I consider the use of the gag comes under the meaning of the words mechanical restraint. I have never sentenced any prisoner to fourteen days imprisonment in a dark cell. I once through, inadvertence sentenced . the prisoner Thompson himself to three days in a dark cell. He immediately pointed out the maximum allowed by the Act was forty-eight hours, and the gaoler affirmed his assertion. I examined the Act and found it to bo so. I had Thompson, recalled to the room, and informed him his sentence was corrected to 48 hours. It is not true that I have been in the habit of sentencing prisoners to 14 days in a dark cell, and that the gaoler has executed those sentences. No prisoner in this gaol up to the 28th. February. 1880, was ever sentenced to mote than seven days punishment in solitary confinement in a light cell, or 48 hours in a dark cell. In Thompson's case I considered a severe sentence necessary, as there was much insubordination among the prisoners in this gaol at that time — that is since the arrival of the prisoners from Wanganui. The occasion. on which I refused Thompson leave to write to the Minister of Justice was when he wished to state his view of tho Act as to the time when tho earning . of marks should commence — that is " whether the time spent in the Asylum should count for time in the hard labor gang with good conduct. Arthur Palmer, sworn and examined by 'Mr Shallcrass : lam a prisoner in the .Nelson Gaol. I was here on the Ist March, the night Thompson was put in irons. My cell was just opposite Thompson's in the same passage. Thompson was making a Violent noise from eight to twelve. The noise consisted of singing, swearing, and rattling the door. The rattling of the door was very Tlolent. I have never heard any man make Buchanoise. I remember you going' to his cell and threaten to put him in a straight waistcoat if he was not quiet. He was not quiet after that. I never heard such bad language in my life as he used. I remember you and others going to his cell between twelve and one o'clock. You left him then and went down stairs. When you left -him he made a noise resembling the knocking 1 of iron against the floor. After that I remember you and others going to j the cell again. You were up there twice before the gag was put in his mouth, and I heard you say the second time that if he was not quiet you would have to gag him. He was still talking, singing, and swearing. I could tell by the sound of his voice when the gag was in his mouth. I heard you tell Mr Atkinson when you left the cell something about " release," but you were then towards the end of the passage. He tried to make a noise when ho was gagged, but I could not make out what was said, as his "voice Bounded/! muffled. The gag must have been in his mouth' a quarter of an hour or a little less before you and Mr Atkinson went to release him. (By the Bench) I did hot go to sleep in the meantime. — (By Mr Shallorass.) I can't say if he called for water. He spoke to the man in the next cell who could hear better than. l could. He was quiet when you and Warder Atkinson had left him, he was quiet for the remainder of the night. I heard no indications of great sufferings from him. I only heard him speak in a kind of whisper then. I was not surprised to find him alivo in tho morning. He never complained to me of his feet, hands, and ankles; he complained once to somepne thao his wrists were painful, but that was some time, after he had been at . work, I could not sleep when he was making the noise. I should think no one else could in the building, unless he was remarkably tired. I heard other" prisoners call out to him begging 1 him 'to be quiet and let them have some rest. I have been treated very well since I hays been in gaol as far as the discipline goes. '* I have been treated the same as other prisoners, I see no difference. (By the Bench). The irons were put on about midnight, and the noise began about 8 o'clock when the bell' rang. >} • George Haslem, sworn and examined by Mr Shallcrass: I am a printer residing in Nelson. I remember hearing a great noise about six months ago during the night. I did not know at the time how it was caused. It was Bimilar to some one kicking against boards. I thought it was some horses kicking at first. I live in Collingwood-street, which runs at right angles to the gaol, and about five chains in a direot line from it. Mr Atkinson stayed with me a few nights on and off. Ho never complained to me about any ill treatment practised against the prisoner. I can hardly anßwer if the editor of the paper would have inserted any letter he might have written concerning this case. I have seen two or three letters in the Wellington Chronicle written by Mr Atkinson, signed "Humanity." I con scarcely say whether the Editor- of the Colotiist would have inserted such letters. • Robert Shallcrass, sworn : lam gaoler of the Nelson prison. In reply to- the charge made by Mr Atkinson as to giving sleeping draughts to the prisoners, I produce the punishment book, also the medical officer's journal. You, will see ,;Price (was/ sentenced to! punishment on the 17th February. On the 18th (the following day) he asked to 1 see the Doctor, who was fetched, and he saw him, and in the Doctor's journal you will see an entry in Price's name with aprescriptiqn. TUe medicine prescribed wag sent to

-<:; v.<! ! - .-.!=:-.■. trie gaoljfrqm the Hospital, and given to P'ri6e in his confined- &11 by\ Mr Atkinson; himself. In reply to the charge of keeping^ I^icliai'd. Ball in prison over'his time, I prof diice the warrant! and-tolso tHe gaol register;' %ou will see ,by pc warrant that Ball was sentenced to forty-eight nours' imprisonment* and you will see by the gaol register' that he arrived at gaol on the 25th February last at 1.20 p.m., and that he was discharged charged on the 27th February at 1.10 p.m., ten minutes before his time had expired. I produce the rules for the discharge of prisoners, in which it will be seen that prisoners sentenced to imprisonment for " hours "...are dealt with differently from those sentenced for " days." I will give you an instance : If a prisoner were sentenced to two days' imprisonment, and arrived at gaol on Monday afternoon, he would be discharged the next morning at 11 o'clock j but if he were sentenced to forty-eight hour's' imprisonment he would not be discharged until Wednesday afternoon at the same time that he was received in gaol. I now come to another complaint of Mr Atkinson's, entirely of an opposite character to his former oucp. He now complains that prisoners are too kindly treated, and that they are obliged to be very persistent or they would not be allowed to return to their quarters ; but after kicking at the gate for some time they do get admitted. You arc aware as Visiting Justices' that a great deal of work and large improvements have been going on in and around tho gaol during the last two years. That work has been uuder my own supervision, and I have selected men to do it whom I can trust. I was frequently obliged to leave them, but when they were left by me Mr White, the chief officer, gave them all the attention he could, but ifc often happened that no officer at all was with themfor a time, but) these men never had to kick at; the door for admittance's they always; came' in with the hard labor gang. 'There is one man at this present time outside at work by himseif, aijd he is locked out, or rather the other prisoners are locked in. That man is even let out on Sunday morning for an hour and has to kick at the door for r3-admittance when he has done what he has to do. But it would not answer that man's purpose to make a hole in hia good manners in any way and there is no fear of his doing it. He has served six years out of eight and his discharge at the end of the eighth year depends on his having a clean conduct sheet. On Saturday the 28th February last, prisoner Edward Price was sentenced, to solitary confinement for refuging to work. Price made considerable noise in his cell at night by kicking 1 , halloaing, and singing. .On the Monday following (Ist of March) prisoner George Thompson refused to work and also refused to go to his cell when ordered to do so by a warder. He did < npt go to his cell, but was allowed to remain in ■ the yard, as' I never allow a warder to put hands on a prisoner without absolute necessity. Thompson was brought before a Visiting Justice in the afternoon of the same ! day, and charged by me with refusing to go to work and also refusing to go to his cell when ordered to Jdo |so. He Jadmitted the charges and offered no explanation. The entry in the punishment book states, "This not being a first off ence. . you are sentenced to seven days' solitary confinement in a light cell for the {first loffence, and to .seven clays' solitary confinement in a light cellfor the second offence. The sentences 'not to be concurrent."— The " solitary " consisted in his being taken to his own ;cell, the one he usually occupied at night, about three o'clock in the afternoon. The cell is situated about the middle of a isbort passage up Btairs, with a gas light at each end of the passage burning all night. There is a siide in the door of the cell, through .which Thompson could talk to several others who occupied cells in the same passage. That is what, in his case, was oalled solitary confinement, the ordinary solitary confinement cell being occupied at the time by the man Prioo, who had been sentenced two days.previously: About half-past six in the evening his blankets and a pannikin of water wero banded in to him. He was perfectly quiet, well behaved, and made no complaint. Every night, at B .o'clock, a bell is rung in tho gaol, after whioh i no talking is allowed and perfsot quietness is required by the rules.. As, soon the bell bad been rung, Thompson commenoed singing, shouting, and kicking violently against the door of his coll at intervals. I went to him and remonstrated' and threatened, but ouly received the. most vile abuse in return. I went to hed at 10 o'clock, thinking from the violent effort! ho was then making he would soon beoome tired and exhausted, instead of whioh he seemed to inereate in vigor, and bat teen 11 and 12 his violence was so great that it shook the bedstead on wbioh I was lying, waked up all my ohildren, eren to tin youngest, who inquired if .there -was. an earthquake, and the language he was using at' that time surpassed in : filthineis and disgusting expression anything of the kind I had ever heard in my lif«»; As no one in the whole building oould get a wink of sleep, and it was then midnight, I plainly saw (bat unless the poise -was stopped in some way there would be trouble with the other prisoners in the morning, who. would iv all probability refuse to go to work after being kept awake nil night. Therefore, a» s I had no oonfidenc* in the warder who was in gaol that night, I wont to (own and asked the Sergeant of Polioe to Ist me have the assistance of a constable, which he did and accompanied tbs constable himself. The noiie the man was, making was distinctly beard some time before we reaebsd the gaol. Having arrived at the gaol, I called up the warder, and we all went together to Thompson's cell. As wo passed along tht passage hading to bis cell he was quiet, but as loon as bis oelldoor was opaned, and hi skw what was likely to take plae», be commenoed again with a string of oaths, imprecations, and expressions of the most conceivable filthineßs. The handcuffs were then put oil him with his hands behind his baok. No violence was used, for ho offered no resistance. This is all 1 intended to do, and never had oboasion to do more to any man in my life. He wbb then left, and we went down stairs. When we had reached the foot of the stairs, 1 a! violent hammering with the handcuffs was heard, either against the floor. or side of the cell. It was then suggested that a cord should be tied around his anoles and passed through •! his arms and over the oor.neoting link= of the j bandouffs, and then fastened, with his legs i sobent up that he could not use his handsiin j that way. A cord was procured from my offioe;.and this was done. He was then left j again, and. we all returned to my office. His j vile limgußge still went on, and although be was confined in his cell, and my offioa is quite ati the p,ther end of the building, it could be distinctly heard. ■ Constable Withers then said, "I would not allow him to go on like that; I would put a gag in his. mouth." I replied, "I have nefer ssen such a thing, and do not like the idea of gagging a man." Tho . constable then said, k 'X gag is a very harmless thing, (give me a small piece of wood and I will maka one in five minutes.'? I gave him a small' riding stick that was in the office at tho time, and ho 1 cut about five inches off the thickest eild, which was about the size of one of my fingers, then a small notch was out at oath end of the -stick, and a piece of string tied; around eaoh notch, with an end hanging, about a foot long. The notch>as to prevent tke string from slipping off the stick. That | is the gag lying on the table. . I confess that I was surprised at the harmless nature of an instrument bearing such an ugly name ; *but I suggested that a pieca ; of rag should bo bound around the Btick in caso the wood should hurt the corners of his mouth, which . was done. We all then went upstairs again to Thompson's cell. He was still continuing the same Btrain of most abominable language. The call door was opened, and Constable Withers went in and ..stood at Thompson's head, stooping over him, waiting for an opportunity to put the ga.g in his mouth while it was open ;< but Thompson, perceiving his object, opened his mouth wida and said, " Come on." The gag was then put in his mouth and tied at the back of his neck, with some peculiar knot, which Con* stable Withers seemed proud of knowing how totoake, so that by pulling either end of the string the knot would slip. While the gag,, wa? b'eitfg. Wade -I- went up : tb< Thompson's cell and told him that "if he were not quiet I would put a gag in his mouth." I received; a reply whioh would 'not look well in print. After Withers had adjusted thegag Sergeant Nash stopped Idown and examined it, r and Void, "it is tighter, s&» wmwyjl and

Joosened it a^-littld. IJe also slacked off the. Jfeor^lftKtfie^a&tL'^act^Bosthat his legs werer ionly^ just |Bti£sdiently bent *to prevent any ! Inoiae, beinf ,made either with' -the handcuffs. ■ ior hlls feeti The prisoner's sjumper jf&i then i 'rolled up l)y,£ergeant Nash and platted' under ! ; the man's * liead, and ' there,, ho ' might have remained for 'hours? if ho had' 1 , been <juieif,-> without much inconvenience. But he soemed to make greater efforts than before to make himself heard. He was then left again for for the third time, and when we left the cell Constable Witherß remarked, as Brooks has told you, " He will be all right till morning," and I replied by telling Warder Atkinson to release him as soon as he was quiet, instead of which ;he went to bed and I believe to sleep. In about quarter of an hour or twenty minutes he was quiet. I called Warder Atkinson, and went to prisoner's cell. He asked for water, which was given him ; but his throat had become very dry from so much excitement, and he had great difficulty in swallowing, but aftor he had taken a drink or two he was all right. It was then two o'clock, and his noise had continued for six hours. I said to him, "If you will be quiet I will release you." He replied, " I will be quiet, but I will not go to work." He was then released, and was quiet afterwards. Not a word at that time about swelled wrists and ancles ; that was an'afterthonght to create public sympathy in the Supreme Court during his trial for an aggravated assault on a fellow prisoner. I positively swear that Atkinson did not see his ancles. Thompson had no braoes on, and bis trousers had come down so as almost; to cover his f feet, and he had on a pair of thick knitted socks under his trousers. I saw his wrists. I was holding a candle for Atkinson while ha took off the handcuffs, but I saw nothing whatever the matter with them. I hare omitted to state what kind of. noise it was which Thompson made in- bis cell that was so much complained of, and the way in which, I think, he made it. The Doise was as much like the- stamping of feet in tho gallery of a theatre on the occasion of an encore being demanded at anything I can compare it to. I think it was made by his lying on his badk on the floor of his cell, and plying his feet in very rapid succession against the door, which opens outwards, and is faitened with a padlook. The rapidity with which his legs moved, and the long continuance of it without cessation is almost incredible. That is a true and faithful narrative of the oventt, just as they occurred, every incident j of wbioh is fresh in my memory now as on the night it took place. I pass over the furniture question that has been finally settled, and the remit recorded in the Visiting Jmliod's book. The case was not dismissed as Thompson states, but prisoner Wilson, who made the charges, was excused at the roqueat of the gaoler. Thompson says Mr Hunter Brown was in the habit of sentencing prisoners to 14 consecutive days in a dark cell, which had been the practice for years, and the gaoler had executed the sentendse-. By reference to tho punishment book you will see that, up to the time of Thompson coming to this gaol, the utmost sentence that any prisoner had over received was one week's solitary confinement, 36 hours of which was in a dark cell. That was Charles King Turner on the 4th December, 1877. Neither Mr Hunter Brown, aor any other Justice, ever sentenced a man to tndrs than 48 hours in a dark cell. I went to TEompeon'* cell, as he says, on the night in question, and threatened to put. him in a straight waistcoat, if he were not quiet, but I never made the least dilution to bis having been in the asylum. If I bad. a straight waistcoat I should have curried out my throat, in preference to what I was obliged to do. Thomson says he was tripped up from behind, and pitched face downwards on the floor. This is quite untrue. There was no occasion to use violence, as he made no resistance. He says liia legs were next cross shackled, so that it was impossible for him to put both of his feet on the ground at once. This has been flatly « jntradiote iby Withers and Atkiiß'n. A rope was then passed through the irons, he guys, and in the end ifc " was drawn so tight that the irons met. I .' Now Withers has clearly stated that there were no irons on his anoles at all, although be has asserted there were. Ht then Bays he was rolled over on his baok, which made the iron item " hot and burning my fifsh from the strain caused by the weight of my body, and the. pressure of the irons on my wrists and angUs'" although lie had no irons on his ancles, and the cord which was around them was over ■»! pair of canvas trousers! and a pair of thick knitted woollen socks, and was not tied With ft slip knot. He says, " When the irons w'era : taken off there were deep rings round my wrists, which were muoh swollen and discolored, and there were other marks about my ancles, worse in the instep, where the edge of the iron had broken the skin." At the same time you will please to xemember that no irons were put on his ancles at all. He also says his lower lip had burst through the gag stretching the skin. Constable Withers says I asked you if the gag was too tight and you said, "No." "Of the two polioe he says Sergeant Nash used me brutally. During the time they were in the cellheknealt heavily "on ;ray chest."' This has bean flatly contradicted by- Withers.. Thompson says tho second time Sergeant Nash was handling the rope to forc.e.'iny anoles and wrists together, Constable Withers said, " don't pull the rope too tight." Nash iinawered, "I'll put the set on him." No siieh thing eve? took place. The second tibe the cord was touched by Sergeant Nash was for the purpose of loosening it, before we left him the last time. Thompson next refers to my cruelty in "putting him in double iron«, which has been clearly flhown was not this oase, and that it was an illegal act. on

sny part to use a gag Blinder any circumstances. To this : I-reply r that the Prison Act gives me authority, to put a prisoner in irons . and under mechanical restraint for 24 hours without authority from a Visiting Justice, and I maintain thattha use of a gag comes tinder the meaning of " mechanical restraint, ' p.nd that I did ; n6thing more than what I was authorised to do, and nothing more than the exceptional nature of the case required. I do not wish to throw any responsibility .of this case on the police. It was* all done in my presence and with my sanction. The police have always been in the habit, when • called in, to render the gaoler any assistance he might require. If this enquiry had been held by strangers to me I should have considered it my duty to have called -witnesses to my previous, character for moderation in all things. But lam well known to both of you gentlemen, particularly to Mr Curtis, who -was Superintendent of the late province ofNelaonfor many years, and had ample opportunity of knowing me intimately, as I have now been twenty-years in the Government service, fourteen years at the head of the police, and six years as gaoler. I refer you to section 25 of the Prisons Act, 187 d, and to section 364 page 119 Judge Johnston. I beg to submit that what was dons was done in the exercise of a bona fide claim of authority, and that being the case Judge Johnston says a complaint should be dismissed. „ .... As the report of these proceedings will be read by many persons to whom I am a perfect stranger, I should like to put in a copy of a letter received by me from a prisoner, about to be discharged, with a request that it should not he opened until he had left the place. I was rather surprised when I read the letter, for I had had a little trouble at first with the writer, who had been a captain in Her Majesty's army:— Nelson, November 2 187 G. To R. Shallckass, Esq., Her Majesty Gaol, Nelson. Sih— ln departing hence, I feel it my duty to express to you my heart-felt thanks for your kindness and delicate consideration to me, during my unhappy incarceration here ; and when looking back, in years to come, may it be a source, of happiness to you to think that you have done unto others as yon would they should do unto you. I have, &c. The writer of that letter was not treated in any way different from other prisoners, and that, perhaps, you will more readily believe when you have read the following, which, was received by me from the whole of the male prisoners — seventeen in number — on the 25th December, 1876. I should like to, remark further that I have the same officers with me now who were here then:-r • To. R. SHALLCRASS,Esq., Governor of Her Majesty's Gaol, Nelson. "Respected Sm— lt is our intention, with your permission, to express onr sincere thanks for the abundance of good things which we have this day received. We also especially beg to "express our grateful acknowledgment for the kind manner in- which you have exercised your influence in our behalf, viz., in providing us with such an adequate supply of. reading matter, whereby we may have, if we will but make a proper use of our time and abilities, an opportunity of improving our minds by devotion to study ; and we hope and trust that your kindness may be a powerful incentive towards our future good conduct. We therefore all concur in wishing your family, yourself, and your officers, a merry Christmas, and a happy new year, and that the time may be very far distant when you Jwillbe spoken of in the past tense."-rr The following is an extract from a letter handed to me on the the ,16th August by a prisoner for transmission to his mother iniCanterbury : — " Heaven help me ! I shall never get away from Nelson unless some one; helps. me. I curse the day I saw it. The only ones I have received kindness from in the whole place— any genuine kindness— ; bebauee they, could expect no return, have baenthe governor of the prison and the chief officer." Thd next is an extract from a letter which was intended to be conveyed surreptitiously to the prisoner Thompson, 1 and was written by a discharged prisoner prisoner, whfera. Thompson wished to call as a witness on his behalf at' this enquiry, but he refusedto come. "With all my sympathy for a prisoner 'I will have to admit that Mr Shalloraes, ■ as well as his wife, have, on yarioue occasions, shown me . little acts of kindness for which I was very thankful at the time ; so you see my evidence as to general disposi- : tion would not damage the gaoler very much'in the mind of the enquirer, and as to my evidence bearing upon the special occasion of cruelty, you know that I have none to offer, except that you made, an infernal noise that night, and I don't think it could serve" you much to have that brought out prominently." , Thompson made one statement during his late trial for assault that has the. merit 'of "being quite true. He slated that on one occasion he asked the gaoler to be. allowed to see a Roman Catholic priest and he. w,as refused. This, as I have said? 7 is" quite^true, ' but he forgot to say, at the "same 'time' that the gaoler is. Btrictly forbidden by the prison regulations to do so, unless in ? tneiminediate prospect of death. ' When Thompson -entered this gaol he declaredhimself to 'belong 'to the , Church'; of England, and so he must remain. I should' not have referred to this only that I hear it has created a good deal of prejudice against me in the present enquiry by members of the, Koman Catholic Church. I should like' to* 1 : quote one paragraph 5 from Mr Atkinson's; second letter to the Wellington Chronicle and my reply to it will perhaps give you an idea of what; he is capable. 'He says, "I assure you, Sir, that there are men now doing short sentences in the Nelson- Gaol who will have - years-added to^their sentences before they are released through being goaded to commit crimes." Unlike Mr Atkinson, lam not not able to look into .the future, but I can refer -to- the past, ! and by reference to the' punishment book I find that since the present Prisons- Act came into operation in 1873, ■which gives Visiting Justices power to add to a prisoner's sentence for bad conduct, only one ctee has occurred in wliich it. has been put into operation, and in that case the man only had fourteen days added to his sentence' after being repeatealy punished -in other waye. Since this inquiry was first spoken of I have subjected myself to the same treatment as Thompson received. I have been; put in irons and treated as. Thompson was actually treated, withoutmuch inconvenience, and I am over 60 years of age, and Thompson, is bbur 25.t r 25.- Before this enquiry is over I -intend to ask, Sergeant Nash or even ThompBon himself, with your permission, to do the 5 same forme again in- your presence. The following, letter, was handed tome yesterday' morning by-Mr' White, the, chief warder. I never knewthat he had received it, and am quite sure that the writer was treated in no tv&y'- different from other prisoners intne same capacity. He was acting as cook the greater part of his time in gaol; consequently wa^inore under the immediate supervision of the chief warder than if he had been working outside with the hard labor gang. - • Timaru, March 20, 1878. De^b 1 White,— l am now domiciled at the above-mentioned, place, and I write, to yc^u because 5 you have been a friend to me in many ways. You made my time pass, I may almost say pleasantly, While I was under your control. It is not likely that you and I shall- ever meet again, but I shall ever retain a lively remerriberanpe of you; and'the kindness and" 1 consideration you, always showed towards me. I wish ' you and yours well. May- you enjoy all the blessings that this life can bestow, and when, looking back, in the evenii^ of your days through the . dissolving mists of the past, ,may you be happier still when thinking of the goodness you have done. toothers; ''■''', , Believe me to remain, ,'. My, dear White,. . • , Yours very truly. I will now answer a question put to me by Thompson wbilelftiaking his^ statement. He said he should like to know, if I had anything to do with writing a paragraph which bad appeared in the Nelson papers, in answer to whichl. distinctly state that I had nothing more to doawith that paragraph, either directly or indirectly than himself. By ithe Bench : I have never allowed any prisoners to 'go about as. they like without the supervision of officers, otherwise than as I have, heretofore; stated. " . Thisjconcluded the evidence and the Bench plated they would make their report upon Jt