REPORT OF THE ROYAL COMMISSION ON THE DUNEDIN GAOL, AND MR CALDWELL.

Wairarapa Daily Times, Volume 5, Issue 1543, 24 November 1883, Page 4

REPORT OF THE ROYAL COMMISSION ON THE DUNEDIN GAOL, AND MR CALDWELL.

Wc. have the honor to report that, us mioii as I'i'iidiealilc after the receipt of vmir I'.'xc iliT.ey'ii commission, tinted the sth Juno kit, commanding us to make inquiries into irregularities in the management of the prison at Dundin. alleged io have taken place during tho years 3<577 to 1883 inclusive, ffe proceeded to Biined'n, where wo took the evidence of a large number of the prison officer;; and ex-oflicers, and of prisoners and ex-prisoners. Subsequently, in consequence of the removal of several officers and prisoners from tho gaol of Dunedin to those at Wellington, Lyttelton, and Addington, wc visited the last-named places, in order to procure all available evidence bearing upon the subject of inquiry.

In iorining an estimate of tho value of tile testimony of habitual criminals we, have been guided to somo extent by the deineanur of the individual witness, hut mainly by the amount of corroboration which their evidence received from more trustworthy sources.

We now submit to your Excellency tho conclusion at which wo have arrival, namely, that the under-men-tioned irregularities in the management or Dunedin Gaol are proved to have occurred during the years 1877 to 18M inclusive.

That several prisoners were continuously treated with special indulgence by the Gaoler, with the general knowledge and sanction of the Visiting Justices.

Thai charges of idleness and other offences brought against |irisoneivi were habitually held over for weeks, and sometimes months, before being linally dealt with, although the Justices visited the gaol ai least once a week, and generally more frequently. In one Case eighteen charges hud iieen made against a prisoner extending over a period of six weeks before any one of them was finally de.dt with. That minor offences—thai of idleness especially—wert> frequently punished by the Visiting Justices liy 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 is in ninny instances the punishment <>f additional imprisonment was awarded for a first offence, or at all event's as a lirs; punishment, the Visiting Justice, in the opinion of the Commissioners. nctel wil-liuut authority of law v.-; !! a:, with undue severity, Thai sufficient cure was not taken to estuMi.ih eliai\'i'H of malingering; one prismer having di d whilst under iiu fur that offence in the shape of red need diet, and additional imprisonment; ;■ i:'l another having Wen innit*r jiiiiii.-Liawit for by reduction dirt, and rdditional imprisonment, ronuummtlv with regular treatment by the Medical Otlice.r, shown by repeated entries in the prescription book. ]n tin: latter case, moreover, on the man's eventual discharge, the Medical Ullieer procured his adiekion into the Diuiedin Hospital,

Thar, on. the occasion of (ho inquest upon i iilly of the prisoner first referral to in the last paragraph, the Gaoler did nor, tender the evidence of either Warders or Prisonerwardstneu who were, in attendance on the prisoner nt the time of his death, and that the Coroner and jury were in coi.Brqiifiice not in possession of the evidence best calculated to guide their decision upon the case.

'Flint some of the Warders were urged by the Uaolor to make more frequent charges of idleness or other offences against the prisoners than those officers considered necessary. That a system of espionage was encouragcd by the Gaoler amongst the Wiirdei'3, and also amongst the prisoners, ho'h as regarded themselves ami the iitß vi's in whose charge they were placei; and that good feeling amongst the oilkers as well as the general discipline oi the gaol were thereby injuriously affected, That female prisoners were frequently put in temporary charge of male warders, and that proper care was not taken to keep female prisoners apart from either warders or male prisoners while confined in their cells, tind while engaged in scrubbing and other work in the male side of the prison,

That the fljinli'v, with the sanction of '.ho Me i, a! Oiiiivr and the knowledge of ili,' Visiting Justices, at various Mm a gave spirits to prisoners, and tint! •' li s practice >vas by no means confined in eases of sickness, That the Medical Officer did not take snllivnt cmc to iisfnnn himself as to !i;s <lu:i'-f--, ;tnd did not keep a satisfactory record of his professional treatment of prisoners.

Tlmt h'nil': of tlic prison stores were on (lit- ■".'•••••I »n improperly coliucali'tl

from :!,!• t»f StoreI', 1 ', lmb that the Ii ;■! no dishonest intention in micii ciitiMi .1 ml only wished to ol'Criiii a niofi; plentiful supply for gao! purposes, Ul.it. ill excess of I he maximum s'irii allowed by law have in hvo or tlirru cam been given to |ll l-'O'ieiS iill (heir ;I!;i:!ii!tLJC. i ii it >.«:«*• "i. '.H- j-ritMiiijis, including litii-iniai crimi-.!!';;, wm |K>ruiitUnl !»y the (iaolvi 1 ;o take put, in the piwedinu's oi something of tliK nature of a d.'lialiiig society ; mid lint. on one oct isi.iH, .oi 'jp'-ratic: performance was lull in which prisoners took parU; awl iii.it lwili tin; debating society anrl the opera had '.lie sanction of the Visiting Justices, That both the Gaoler and tin; "Visiting Justices showed a hostile spirit towards the Inspector of Prisons from the first;and that the Gaoler impeded him in the. execution of his duties—in one ma tier, at least, persistently disobeying his instructions; and that the Gaoh-r gave cause for much unnecesEiiry correspondence by evasive answers 10 the Inspector's inquiries, That the Gaoler obstructed tlie Inspector in carrying out his desire to seo prisoners and hear their complaints unrestricted by the presence of the Gaoler or utlier officers of the prison. We wish, nt the same time, to ask your iisc&llency's attention to the fol-

lowing further conclusions to which we have been led by tlio evidence before us:—

That many of the irregularities lately existing in Dunedin Prison were the continuation of arrangements and praen>s which prevailed whilst the gaol whs junior provincial management, mid which hud apparently the sanction of tho provincial authorities.

That the Visiting Justices, especially Captain Fraser, Mr Logan, and Mr Brown, have been unremitting in their attendance at tho prison and in their attention to its affairs.

That tho Gaoler, Mr Caldwell, has throughoutgiven most zealous attention to his duties.

That, although the Gaoler has been 1 * rough with the prisoners on many occasions, tho charges of serious personal violence appear to be without foundation, and it was proved to our satisfaction tlmt he treated sick prisoners with overy caro and attention, whenever he was satisfied they were reallv ill, and not malingoring. We have already stated that the Visiting Justices, Captain Fraser, Mr Logan, and Mr Brown, have been unremitting in their attention to their duties. At the same time we aro reluctantly compelled to stato that, in our opinion, thoso Visiting Justices aro responsible, not only for the manner in which they have dealt with prison offences, but also, in a great measure, for breaches of regulations and it regularities which we liavo pointed out; and, were it not for the absence of Captain Eraser, who has had an opportunity of explaining his action, and that we believe the adoption of the suggestions we append to this report would render a repetition of such abuses impossible, wo should lmve felt constrained to recommend your Excellency to remove those gentlemen from their position in connection with the prison. Although by the terms of our commission wc are not requi.ed to do so, we feel justified in offering the following recommendations for the consideration ot your Excellency's Advisers 1. That the late Gaoler of Dunedin Prison, Mr James Caldwell, be required to retiro from the service upon the pension to which.we understand he is entitled. 2. That tho services of the Medical Officer, Dr Burns, be dispensed with. 3. That Warders Plannery, Watson, and Nooanan be removed from the service.

4. That all Warders in Dunedin Prison who have served therein for more thru three years be exchanged to other prisons at the earliest opportunity.

5. 'I hat all prison officers, including Gaolers, should in future be 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 J ustiees, 7. I'iiat the powers and duties of the Inspector of Prisons be clearly defined hv Act.

8, That every first offence of malingering should be dealt with by a Resident Magistrate, and that the evidence of two qualified medical men should bo required for conviction.

9. That the power of punishment of prison offences by additional imprisonment, now entrusted to Visiting J ustiees, 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 Ihe Inspector of Prisons. 11. That stringent regulations should lie framed to provide for the safety of prison armouries,

12, Tlmt, as regards first-class prisons, during the absence of the Matron, either on leave of absence or from other causes, the gaol should not be left without a female officer being in attendance on the female prisoners, We have, <fcc,, Oswald Curtis, Caleb Wmteford, Dunedin, 18th August, 1883.