"FALSE AND FRIVOLOUS."

Taranaki Daily News, Volume LII, Issue 178, 1 September 1909, Page 4

"FALSE AND FRIVOLOUS."

A CONVICT AS A CATSPAW. SERIES OF CHARGES AGAINST OFFICIALS. It ja one of the fundamental principles of the conduct of prisons in Britain and her dependencies 1 tnat prisoners have the right to demand an audience with the visiting justices, or to carry their complaints to a higher quarter." Sometimes, as was disclosed in th e course of a magisterial inquiry held at the local gaol yesterday, the inmates interview tne justices at the invitation of the gaoler, who may wish them punished tor misconduct. Yesterday's proceedings, however, were the outcome of the desire of a prisoner named Charles Mack to carry his complaints to a more eminent functionary, none other than His fcxcelleucy the governor himsell. Jle had drawn up a petition setting forth a wnole list of his fancied grievances. Whilst, however, the prison regulations allow of these complaints' and petitions, they also provide penalties for prisoners who torward false and frivolous complaints. The charges brought by Mack were deemed to be of this nature, and he was accordingly charged with the olfence. XUe cnaige was brougut oy Mr. t'oyle in the Magistrate's Court, and lor the convenience of the hearing it was decided to adjourn to the gaol, where the witnesses' would be more readily available. The gaolers olfiee was accordingly declared to be a court, and tiie hearing took place before Mr. 11. S. Fitznerbert, fci.M. Mr. H. Weston,

«•!'., one of the visiting justices, was also present, in the rather cramped surroundings the Court latched some of its dignity, and the Magistrate found it necessary repeatedly to warn the accused that there were certaia rules of procedure which did not permit of unlimited speeches, arguments, and interruptions. The charges that had been brought by Mack were that the gaoler had a '' down" on hiui; that the gaoler was ignoring the prison regulations; that tue same official had deprived him of the brown bread wwcli had lormed a necessary ingredient of his diet; that the gaoler annoyed prisoners, and encouraged the warders' to do likewise; I that Uie warders were in the habit oi making brutal remarks to prisoners; that no (Mack) was a victim of the officials' spite; and that Warder Oollinson had sworn falsa evidence against him when he was recently before the justices on a charge of nghirjg with another juiauner. As the various witnesses guiu tneir evidence me pusoner, who came armed with closely-written foolscap and slate-pencilled nutes, was permitted to cross-question them, with a view of showing that there was loaudation for the complaints made. He called several witnesses—fellow-prisoners —but their awom testimony was not what the accused had had reason to expect, and, as ho put the matter, " turned dog on !hun." The first witness sworn was the gaoler who quoted from the prison records to show that he had no down on the ma'J. He had been reported on several occasions for various offences, and the gaoler had refrained at first from sending the man before the justices, and even then he •' begged him off." The gaoler denied the charges in toto. He had no knowledge that the man had ever had brown bread; had never ordered it, and never countermanded any order'for the supply. As for the statement that he hau refused the prisoner the privilege of petitioning the Governor, there was no provision for such a petition in the regulations. He had refused permission to petition the Minister recently pending tho receipt of a reply to a former petition presented by Mack. The prisoner protested that the prison regulations, as displaycu in the dome of the gaol, provided for approaching the Governor, and grew warm on the point. His Worship warned the prisoner that he must not be insolent, but the gaoler said tile prisoner's manner was only his usual way of addressing officials, and it was this maimer that brought about some of the trouble.

Mack then charged the gaoler with having hoodwinked Mr. 11. Weston, the visiting justice, by not, fully informing him of the regulations, and with bei having '• in an arrogant manner " when approached by the accused. Dealing with the further count in Mack's indictment against the officiate, Mr. Coyle said the accused had some little time ago been reported by Warder Collinsou for assaulting a prisoner named Hammond, and for using obscene, filthy, and disgusting language that could easily be heard by people on the road across the valley. During the inquiry into that matter lhe accused had been very impertinent, even to the length of calling one of the waruers a liar. At this stage the accused was overconic by a faintness, and had to he accommodated with a chair and a glass of water, and later with a stroll into the fresh air. Upon being questioned, he said,."To tell you the truth, i swallowed some tobacco-juice." it transpired that he was chewing his tobacco 'ration, and the swallowing had overcome him. " 1 assure you it's not cowardice," he explained. " I'm not afraid." His Worship: You've got nothing to be afraid of. No one's going to hurt you. fiic court was delayed for about live minutes, pending the witness' recovery, and then Warder O'Grady came in for cio;'.i-cxaniinatiou. He denied having made any brutal remarks to prisoners, and specifically denied the allegation that he had threatened to report a prisoner Allen to the "jolms" (detectives) when he left the gaol. That prisoner was too well known to the force for any such hint to be necessary. He also denied the impeachment of Mack about having threatened to stop sugar in the tea. . ' , l

The prisoner then directed his attack [ upon Mr. Weston, aucging that before hearing the, evidence about Slack's light in the quarry lie had heard the gaoler's story and prejudged the case. This was denied, although Mr. Weston pointed out that it was quite usual for the gaoler to acquaint him with the business on which he had been' summoned. The accused then called his witnesses, most of whom declined to * open out" until they were assured that this wild a public court silting, with magistrate, clerk, reporters, and all the rest of the paraphernalia. Must of the evidence led concerned the affair at the quarry, the prisoner alleging that he hud struck Hammond only under oxtremv provocation. iSome of his fellow-prisoners'bore out this statement, and said that Warder Collinsou must have been aware of what was going on. Prisoners Clark, Tnri (a big Maori), Hughes, Siimnonds, ltctler, Cooper, and Vincent were called. 'The accused was unfeignedly surprised when the Maori, instead of-backing him up, affected to only partially understand what wasJ being said. As one after the other of the witnesses disappointed him, all assuring the Court that they were well treated and that the warders used no brutal language, Mack made it clear thai, lie was reserving bis strongest witness till the last, a man named Council, who would support him in birf allegations of arrogance on the part of the gaoler, and Vincent in regard fo his charge "f false testimony. Vincent's evidence was to the effect that he heard Collinsou admit having ]*>ard Hammond's insulting remark to Alack before the fight started. Council, however, explained iliat when he bad approached the gaoler for permission to petition the Minister, Mr. Coyle had told him he couldn't allow it until a reply came to his former petition. Mack failed to shake this testimony, and then taunted the witness, "You didn't tell me that." Turning lo the Magistrate-, he exclaimed, excitedly, '■ 1 accuse this , man of being the instigator of the whole | of this affair. I think the gaoler ought j to lie compelled to produce those clan- ( destine letters that have been written , from this gaol. Now lie (Council) is . l-tuniiug cowardly, turning round on a , man like this." I I The gaoler (motioning the warders , towards Connell): Take him away. j Mack (vindictively): Yes, take him , | away. I'll take him away when 1 get ] him' on the works. Turned round like , a snake on a man, after concocting the , whole, thing. < Mack then went on to his speech \ proper, alleging that the gaoler had , "one front for the visiting justices, ami j lie shows quite a different front to the ( prisoners." He also complained that his ,

term of probation was being unduly prolonged. This, the S.M. explained, was beyond the control of the gaoler altogether. 'Mjack tlien called the gaol cook, who deposed that the prisoner had been supplied with brown bread upon the late gaoler's orders, and the supply had been discontinued at the instance of Warder Downcs. The present gaoler would know nothing of the arrangement. 'The Magistrate, after briefly conferring with Mr. Weston, said he had come to the conclusion that all the charges brought by -Mack were frivolous', and. that he had not proved any one of them. " You may be, as you say, a eatspaw for this other man," said his Worship to Mack,'" for it is evident that a number of you have worked up this conspiracy in the gaol." He was at a loss as to the method of punishment. Accused had just finished one sentence of two years, and was entering on another of six months, so that he had no marks of which lie might be deprived. He could not be placed in a lower class, for he was already in the lowest. But it was quite evident that Hie must be published for bringing these false and frivolous' charges. The accused: It I'm punished I forfeit my 23 days' remission. Tho S.M.: You ought to have thought of that before. The accused was then sentenced to three weeks' close confinement and three days' bread and water.

just as he was leaving the room to return to the cells, Mack turned and addressed Mr. Fitzherbert: "I'll give you your dues," he Said. "You're a fair and just man, and you've given me a •good 'go.' Only for these men turning dog on me II would have proved the lot."