SKETCHES OF PRISON LIFE.

Tuapeka Times, Volume V, Issue 359, 27 May 1874, Page 6

SKETCHES OF PRISON LIFE.

[From the Otago Guardian]. 1 + . DUNEDIN GAOL. No. XII. The quality of mercy is not strained ; It droppeth as the gentle rain from Heaven : Upon the place beneath : it is twice blessed ; It blesseta him that gives, Mid him that takes ; 'Tis mightiest in the mightiest ; it becomes The throned monarch better than his crown. BHAKKSPBARE. LEWIS TOBIAS STEAD, THE DEBTOB. ' In my last sketch. I referred to the unfor. tunate man Lewis Stead, who had been an in- . mate of the debtors' portion of the Dunedin - Gaol for nearly a year. I then stated thai I had met with some difficulty in my dStyts to tee him, but that I would take very good care, . before publishing my next sketch, to interview him as. well as others connected with the . case, and obtain full possession of the facts, iv > order to lay them before the readers of this journal. If, before they have finished reading this present sketch, they do not come to the conclusion that Stead is a very ill-used and .indeed an oppressed individual, I am very much mistaken.

The first person I saw in connection with tho case was Mr. Watt himself. I told him what I wanted, and asked him if he would give me any information on the subject — if he would give me the entire foots of the case, as, from what I knew, I considered the case to be a very hard one, and meant to publish the whole thing. Mr. Watt replied, " Well, the facts of the case are very simple : he sued me, lost the case, and is now in prison for tho costs." "Can he pay them? 1 ' "I really can't say." " But does it not appear to you that your conduct in keeping him in gaol so long has a very harsh appearance ?" " No, it is his own fault ; ho oould come out to-morrow, if he chose." " How ?" "By going through the Bankruptcy Court." "Perhaps lie has some conscientious scruples against doing so." " Perhaps he has." "Is this the only way he could como out ?" " No: if he sign a release upon me, and agree not to commence an action against me again, he can likewise come out." Mr. Watt, in answer to another question, said he would give me certain information, but not for publication. I replied that I had gone to him on public grounds, and that whatever took place between us would bo printed. " I believe, Mr. Watt, you are paying 12s. a week to keep him in gaol ?" " x es, I am, but it's his own mult. He is a most obstinate fellow." " Well, suppose, Mr. Watt, he maintains this obstinacy for the next four or five years. what then ? Will you continue to pay the 12s. a week to keep him in?" " Most undoubtedly." " Surely the law would not allow this," I remarked. "The law could not prevent my keeping him there till he gets grey if I chose." Mr. Watt then informed me that the Judge had asked Stead to go out through the Bankruptcy Court, and that Mr. Strode, the Eesident Magistrate, and one of the visiting Justices had repeatedly argued with him, and tried to persuade him to go through the Court, but that he always positively refused to do so. "He must be a man of immense determination," said I. " Well, the fact is, he cannot be right in his head," said Mr. Watt. "Then, if that's the case" said I, "the greater the shame that in a freo and Christian country he should so long have suffered imprisonment. ' And you are determined to keep him, in?" ' "Most certainly." "Did he sue you in yoiu* capacity of Sheriff?" "No, as a 1 private individual." " Then, of course, as a private individual you keep him in gaol ?" " Yes." After a few more remarks, our interview terminated. I might say that I had previously seen one of the officers of the Supreme Court who knew all about the case, but refused to give me any information, on the ground that Mr. Watt was a Government officer. So I wont to the Government officer direct as above.

I next went to Mr. Strode, one of the visiting Justices, and applied for an order to visit Stead. He told me he was not aware lhat an order was necessary, but as I informed him that Mr. Caldwell would not admit me without one, Mr. Strode at once made it out. We then had some conversation about Stead. " Foolish fellow," said the visiting Justice ; "I have tried my best to persuade him to come out of gaol. I have argued with him time after time, and even entreated him not to spend the best part of his life in prison, when he could come out if he desired. He has even been urged by the Judge to go out through the Bankruptcy Court, but lie is so obstinate that he will not do it." We had some further conversation on the subject, but the above is the pith of it. -• I next proceeded to the gaol. I saw Mr. Caldwell and requested to see Stead. Mr. Caldwell at once sent .a warder to fetch him, and the interview took place iv the governor's room and in the presence of the governor himself. Stead entered in a somewhat, nervous state, and, on being requested by Mr! Caldlrell to be seated, did so. I guessed his age to be about 34 or 35. An intelligent-looking man, with a somewhat haggard face and bright, restless, and even occasionally wild eyes. I could see the man was aglow with excitement. He was dressed in a shabby suit of clothes — the cuffs of his coat and. the bottoms of bis trousers were frayed out to'the extent of several inches. I need scarcely say that little white linen was to be ' seen about him ; in fact, the appearance presented was that of a debtor in the last stage of poverty, but apparently anxious to present as good" an appearance as possible, though evidently ashamed of the unfortunate figure he cut. I explained to Stead as quietly as I could the object of my visit, and told him that I had oome to him to get the truth and nothing but tiie truth, and I hoped he would confine himself to that. He expressed himself as very grateful at the idea of arty one being interested in his wretched case, and then in answer to questions which I put to him he narrated his story to me as follows : — " It is now about four or five years ago since I was trading in a small vessel between Dunedin, Port Chalmers, and the Heads. I made an arrangment -with some Maoris to purchase a piece of land at Port Chalmers. This piece of land was facing the main road near the Graving-dock.' . At this time I saw' that it would be very valuable some day. I then went to Mr.' M'Leod, the Native Agent on behalf' of the Government at Port Chalmers, and he negotiated the matter between me and the natives. A lease was drawn up (M'Leod represented to me by himself, but I afterwards learned it msdrawn by Messrs. Macassey and Holmes), and ultimately it was signed by me, by three natives in tiie presence' of witnesses, and was in every respect duly executed at the office of the Native Agent." "And what was the length of the lease, and what rent were you to pay?" I asked. "The lease was for 21 years, and the rental £20 per year ; and when the lease was signed, I paid some money on account of the first year's rent, £5 ot£6, I think: Anyhow, the deed was duly signed bj all parties, and I paid Mr. M'Leod, the Native Agent for the Government, six guineas for it. Well, I wa3 going away, when M'L«od said that the deed wanted stamping, or had to go through some other form. I left it with him, promising to call for it in a day or two. Well, I called, but I didn't get it, for, in the meantime, M'Leod went away." " Bat how does Mr. Watt come on the scene?" I asked. "Mr. Watt took Mr. M'Leod's place, and, of course, I looked- to -him for it. I heard there was some dispute with the Maoris abont it. Well, I called and called, and got very impatient, because I was putting up some houses in Georgestreet at that time, and was owing about £200. I depended upon tiie deed to pay this money ; for^if I had got the deed hack I could have' raised more" tfian enough money to have paid that money — without the deed, however, I was powerless to meet these engagements. I considered that the deed was mine, and that the land was mine, all the forms having been gone through, and I having paid my money. I applied to Macassey

and Holmes and to Mr. Watt for the document. At last Mr. Watt told mo that it had got burnt by mistake, with some «thor papers. I considered that if I lost the land I lost as good as £2.000, and I accordingly sued Mr. Watt as a private individual to recover the sum of £800 damages for the loss of tho deed. Mr. Stamper was my solicitor. Mr. Watt was represented by Messrs. Macassey and Holmes. Tho case got into banco for argument on a d&nurrer, and we failed on some technical point.' Well, I was adjudged to pay £36 costs before the case could bo started afresh. I hadn't got the money, having been deprived of my rights. Tiie £36 included all back costs, which I had no right to have to pay at all. The judgment for tho amount bears date the 17th April, 1873 ; the warrant for my arrest was made out on tho 7th of May, and I was apprehended and placed in prison on the 13th of May, now 12 months ago. I was taken before no magistrate, but was sud-' denly apprehended and thrown into gaol, where 1 have remained ever since." This was Stead's simple statement. I, don't mean to say that he spoke it exactly as it appears, but' so much I elicited by means of questions. He got very excited at times, and appeared to be suffering under a senso of very great wrong. Ho applied epithets to Mr. Watt which I should scarcely care to repeat. " But, Stead, remember you might go out of this to-morrow if you chose. You might go through the Bankruptcy Court." " I will never do so. I will stay here for ever first!" " What is your objection ?" "My objection is, that I am in here wrongly ; that I have been shamefully used, and 1 will never givo up my rights. If I were to go through tho Court, what becomes of my lease and my claim upon Mr. Watt?" "But there is another way in which you could leave the prison. Sign a release upon Mr. Watt, and he will at once ceaso to pay the 12s. a week, and you will walk out a free mau." " Never !" " And how, then, do you over expect to get out? Mr. Watt says you sha'n't go out unloss you do one or the other." "We shall see. I will never givo up my rights." " But suppose Mr. Watt does not relent, and the law does not step in, are you prepared to remain here for ever — to die hero ?" " There is no fear of that, sir — but I'll never give in ; never ! never !" Hero ho became highly excited, and I did not ask him any further question for a minute or two. " I can see I am right, and see my way clearly before me. I have a good case, and will never give it up." "So you may have," I replied ; " the object you have iv view may be plain enough to you, but you have the prison bars between you and it. ¥ou may never attain it if you are too obstinate, liave you any family ?" "No ; lam a single man." " Have you any friends ?" " I had, sir ; but, alas, they have fallen off now, and I seldom see them." " Poor fellow ! tell me how are you off for wardrobe — have you many clothes?" Poor Stead looked at me, but made no answer. "Come, tell me tho truth ; you need not be ashamed." " Well, sir, as God is my judge, I only possess tho clothes you see me in." " How do you manage when your under-clothes are washed ?" "The warders lend me some of theirs." " How do tho prison authorities treat you ?" " Oh, I can't complain." " Plenty to eat and drink?" "Yes; I don't grumble at the food ; but lately, lam sorry to say they have taken away my pens and iuk." "Since when ?" " Since 1 wrote a letter to the Evening Star a few weeks ago." " And do miss pen and ink much ?" " Indeed, I do very much j but I suppose it can't be helped," he added in a resigned tone of voice. I asked Stead several questions on other subjects, but 1 have given the gist of what he said relative to* his case. When he left the room, the poor fellow shook hands and went back to his prison, apparently quite resigned to his fate, but determined never to give in by going through the Court, or siguing a release upon Mr. Watt. He said that his whole prospects had been ruined by the destruction of the deed iv question. He, however, .only gave mo the facts of his unfortunate case, but 1 was determined to sift the whole thing to the bottom, facts and law together, so 1 resolved next to visit Mr. Stamper, Stead's solicitor, and hear what he had to say upon the subject. Immediately upon my explaining my business to that gentleman, he expressed himself quite willing to give me every information on tho subject, for he said he pitied Stead from the bottom of his heart, as he considered he was the victim of a foul wrong. Mr. Stamper then asked me if I would wait upon him the next morning, in order to give him time to work up some facts, and to make a written statement. To this lof course consented, and the next morning I returned, when Mr. Stamper handed me his version of the affair, whicli appears to contain every particular of the case, both as to its facts and its law : —

Lewis Tobias Stead's Imprisonment. — In re " Stead v. Watt." Although Mr. Watt has declined to give certain information for publication, yet tho facts are otherwise obtained on reliable authority. That Stead is a double sufferer is beyond question ; that he is a wronged man, and vindictively, cruelly, and even unlawfully oppressed, has many appearances. The facts are these : It appears the natives at Port Chalmers had, by a writing, agreed to lease to Stead for a term of years a (now) very valuable piece of land there. The contract was prepared by some official of Government at Stead's expense of a few pounds, and duly signed by several of the parties. This document was by Mr. James Macassey, on behalf of Steady delivered to Mr. Watt for his approval as Government official on behalf of the natives. When Stead afterwards called on Watt for it, he alleged he could not find it, and ultimately said it was burned or destroyed. Of course Stead became enraged at its destruction, and threatened Watt, who, being Sheriff, became indignant — they were wrathful against each, other. Under such circumstances Watt (not Stead) is to blame for Stead's having sued Watt for the destruction ; Watt was in fault. Stead brought his action for the wilful destruction of the document by the defendant Watt himself — meaning that he individually did so, and intentionally. To this a demurrer was made, for that the intentional act was not alleged to have been done negligently. Thereupon Mr. Watt's solicitors (Messrs. Macassey, Holmes, and Chapman) asked Stead's solicitor that they, instead of him, might deliver the copy pleadings (the rdcord) to the Judge for his decision on the argument in demurrer. They delivered an imperfect copy ; and succeeded in the demurrer, for Stead's points were never properly on record before the Judge. It may be remarked that, immediately after Stead's action was brought, Mr. Watt was written to suggesting that "if he had not already incurred expense in appearing to the writ, not to do so until he should again hear from the writer ; the writer (Stead's solicitor) would do nothing further in the matter unless he again wrote to Mr. Watt, and he never did write ; then, even if the costs of demand — £36 (for which Stead is now in gaol) — had been properly and fairly incurred, pray who was to blame for their having been incurred ? But they were incurred under these circumstances, and Watt's solicitors then served an order of Court, drawn up by them, whereby Stead was, " seven days from the service thereof [which service. wa3 on the 4th of January] to pay Watt's taxed costs ; otherwise that judgment might be entered against him ;" and, although the costs were not taxed until April following, being several months after service of the order, insomuch that by their own default Stead could not possibly pay the costs, yet they signed judgment on this state of things, without -rule, order, or authority. Can such tilings be ? And thus it is that Stead has now suffered a year's imprisonment. He has had his document destroyed, which he considers would have been of very great value to him, and for which he sued ; and see how he becomes not in '* indebtedness" of money (morally), but in (by what has every appearance of) intricacy of law. Watt would have been justified if the costs of demurrer had been fairly incurred, and if Mr. Watt had not

been desired "not to incur them — not to appear to the writ — for that, Stead being a poor man, he might not be able to pay them." The contrary being the case, Stead is thus undoubtedly a double sufforor, and, again, even had the action been improper and the costs fairly incurred, yet what cause is there for upwards of a year's apparent vindictive cruelty at Mr. Watt's 125.-a-week expense? Mr. Watt knows that Stead has not a shilling to help himself to obtain his discharge, and thus Watt chooses to incur a weekly outlay of 12s. for continuing Stead's incarceration rather than spend very much less than that money in making Stead a bankrupt, which Watt had a right to do, and which would entitle him (Watt) to Stead's estate, if any, both now and for time to come, but which would have given Stead his liberty. Poor Stead says ho could not refrain from the thought of Watt, on hearing read the portion of Scripture for last Sunday— namely, " I deal with the thing that is lawful and right. Oh ! give me not over to mine oppressor." But not only is Stead unfairly confined for an unfairly-incurred demand of costs, but he has every appearance of being illegally so ; for, pray, what authority had the Coroner to issue his warrant to cause Stead, or any other person, to be delivered in gaol ? The Coroner, as such, has no such power, unless it be given him. On the contrary, his powers are limited to an inquiry into death and fire only, his power as an English coroner to execute ca. sa.s having been repealed by the Coroners Act. But poor as unfortunate Stead is, he is not without friends who would have assisted him — several have offered each a pound, and one even £20 — to pay a legitimate debt or demand ; but undor this state of things they pause : they will not assist to pay anything so unfair. And ndther ho nor thoy will consent to his becoming a bankrupt, he hitherto having paid his jnst debts ; and more especially he will not, as a bankrupt, acknowledge being " indebted "to Mr. Watt, to whom he does not, and never did, owe one farthing. Mr. Watt has been repeatedly written to for Stead's release ; but ho threatens he will keep Stead in gaol, if ho can, as long as he lives. The Minister of Justice was long ago petitioned, likewise the Governor ; but of course, tho matter being Watt's private affair, they could not interfere. The only course left for him now to pursue will be, and it is intended, as soon as the Colonial Parliament meets, to have his case there made known, so that, with leave of the House, a private Bill may be introduced, or, when the Imprisonment for Debt Bill is again before the House that a clause be therein insorted, to meet his liberty from custody. Poor Stead ! instead of their commiserating, they are now even depriving Mm of the materials— pen and ink — wherewith to make his hardship known to those outside of his domicile : an unkind, if not an unhuman, act. May G-od deliver the poor from such acts, and from the power of such people. Now there are the following points I wish to mention :— 1. There is Stead's document, which cost him soveral pounds, destroyed by an officer of. Q-overnment, whose wife, it is said, is of the native tribe for whom he is Commissioner. 2. Stead threatens Watt; Watt is offended. 3. Stead sues, he preparing his own dalaration ; but before Watt has appeared to the writ, Stead's solicitor gives him notice not to do so — that he will abandon it ; Watt, having become annoyed, says he will appear, and intimates what he will do with Stead if ever he has the opportunity. 4. Thus Watt appeared to the writ, wilfully incurring expense ; the law came to a demurrer j then see how they get judgment ! — (and the costs !) 5. By the order of Court Stead was to be at liberty to pay the taxed costs within seven days after service of the order. The order was served on January 4 ; tho costs taxed, and judgment signed in April. How could Stead have complied with the order ? Whose was the fault? Did their default en title them to sign judgment? Clearly such a course was not only irregular, but the judgmentis thus anullity. 6. Then as to the ca. sa. being directed to the Coroner, whose power to execute the writ, as in former days, is repealed. It will thua be seen there is reason for Watt being afraid of Stoad's taking fresh action whenever he is out of prison.

Some months ago Stead was brought before the Judge for his discharge on the following affidarit ; but the point was not for the Judge to decide, but for the Appeal Court, which Stead could not bear the expense of : — " In the Supreme Court of Ne\r Zealand (Otago and Southland district), No. 4,105, between Louis Tobias Stead, plaintiff, and Isaac Newton Watt, defendant. ,1, Louis Tobias Stead, of Dunedin, in the province of Otago, in the colony of Ndw Zealand, labourer, ' the abovenamed plaintiff, make oath and say as follows, that is to say : — 1. .During upwards of the last six months I have been, and I still am, a prisoner in her Majesty's gaol at Dunedin, uuder (amongst other) circumstances which so far as they relate to my present application are shortly as follows : — 2. Upon a demurrer in this case, having been heard, it was ordered by (a rulo of) this honourable Court, and a rule was accordingly thereon drawn up on the part of the defendant and served upon my solicitor, to the following effect, namely, that, in the first place, the defendant's costs should bo I axed, by tke^Jlegistrar-iii the usual way, so that I might thereupon know what amount of costs I should have to pay j secondly, that the said costs being taxed, a copy of the rule should then be served on me or my solicitor ; thirdly, that within seven days after service of the rule, and having the means of knowing the costs, which were to have been previously taxed, I should then be at liberty to pay the said taxed costs, and either reply or amend; fourthly, but that, if I did not pay the previously taxed costs within the period of seven days from and after the service of the rule, which I thus had not the liberty given me of doing, then, but not otherwise, judgment might be entered up for the defendant, with costs. 8. That the said rule was served on the 4th of January last, and the costs taxed in April last ; and opportunity was never afforded me of complying with the said rule, namely, of paying the said taxed costs, and either replying or amending within the seven days t'rom and after the date of the service of a copy of the said rule, so as to justify the defendant iv afterwards signing judgment as the alternative thereof for that I had not the means of ascertaining the said costs, and replying or 1 amending within the said seven days, for that the said costs were not taxed when the said rule was served, nor until several months after the service of the said rule, and without any cause on my part. 4. That the defendant was in fault in not complying with the said rule on his part, and therefore, of his own wrong, he was not entitled to sign judgment for the said costs under the, said rule, nor was he so entitled, contrary to, or independent of, the 6aid rule, nor without his first having obtained the order or authority of this Court. 5. That my imprisonment is for £36, costs under an alleged (but I respectfully submit illegal)' jugdment thus obtained, signed on • the 19th day of April last, not agreeably to the said rule, and without the order or authority of the Court, or otherwise, having been first obtained for that purpose. 6. That I am detained as aforesaid under an alleged warrant of commitment by one Thomas Morland Hocken, Esquire, as a coroner of the province of Otago, grounded upon a ca. sa. directed to the Coroner of the district of Dunedin since the Coroners Act of 1867, whereby the powers and duties which coroners in New Zealand by law had, as in England, were repealed, and it expressed to be only relative to deaths and fires."

The following is a copy of the commitment :—: —

" District of Otago, colony of New Zealand. Thomas Moorland Hocken, Esq., Coroner for the said district, to John Frazer and John Hughes, my bailiffs, greeting : By virtue of her Majesty's writ of capias ad satisfaciendum, to me directed and delivered, dated the 19th. April, 1873, 1 command you and each of you, jointly and 'severally, that you or one of you take Lewis Tobias Stead, of Fort

Chalmers, in the province of Otago and colony of New Zealand, sehller, if he be found in my district, and him deliver into the hands of tho keeper of her Majesty's G-aol at Dunedin ; and I grant warrant to the keeper of the said gaol to reoeive delivery of the person of the said Lewis Tobias Stead, and him safely keep until he shall have satisfied the 3um of £36 75., which Isaac Newton Watt, of Dunedin aforesaid, Sheriff, has recovered' against him in her Majesty's Supreme Court of Now Zealand by virtue of a judgment .bearing date the 19th day of April, 1873, together with interest on the said sum at the rate of £8 per centum per annum from the 19th day of April, 1873, on which day the judgment aforesaid was entered up, besides £2 12s. 6d., costs of the said writ, together with sheriff's poundage, officers' fees, and all other incidental expenses, as in the aforesaid writ lam commanded ; and in what manner you shall have executed this warrant certify to me immediately after tho execution thereof. Given under my hand, and the seal of my office, the 7th day of May, 1873. By the Coroner. Thomas Moobland Hocken. Then levy £36 75., and interest at. £8 per centum per annum, from the 19th April, 1873, besides £2 12s. 6d., costs of the said writ, with sheriff's poundage, officers' fees, and all other incidental expenses. The said writ was issued by Allan Holmes, of Princesstreet, solicitor for the defendant. Take mo bail whatever."

These are the whole of the facts relating to Stead's ease, and I need scarcely say that it has taken me considerable trouble lo get at them. However, having once made up my mind I was .determined to lay the whole thing before the public I shall' say no more, express no opinion, nor comment upon what I have already written. I write the facts, I believe, on the best authority : the public can read them and draw their own conclusions.