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the least worthy of God's creatures must fall—the ty-for picking the sloes and blackberries off his rustic without a soul-not the Christian partridge-not hedges-for breaking a few dead sticks out of them the iinmortal pheasant-not the rationai woodcock, or by night or by day-with resistance or without resistthe accountabie hare.
ance-with warning or without warning; a strange The Chief Justice quotes the instance of glass and method this of keeping up the links of society, and spikes fixed upon walls. He cannot mean to infer maintaining the dependence of the lower upon the from this, because the law connives at the infliction higher classes. It certainly is of importance that of such small punishments for the protection of pro- gentlemen should reside on their estates in the counperty, that it does allow, or ought to allow, proprie. try ; but not that gentlemen with such opinions as tors to proceed to the punishment of death. Small these should reside. The more they are absent means of annoying trespassers may be consistently from the country, the less strain will there be upon admitted by the law, though more severe ones are those links to which the leamed judge alludes-ine forbidden, and ought to be forbidden ; unless it fol. more firm that dependence upon which he places so lows, that what is good in any degree, is good in the just a value. In the case of Dean tersus Clayion, Bart., highest degree. You may correct a servant boy with the Court of Common Pleas were equally divided upon a switch; but if you bruise him sorely, you are to be the lawfulness of killing a dog coursing a hare by indicted—if you kill him, you are hanged. A black- means of a concealed dog-spear. We confess that we smith corrected his servant with a bar of iron ; the cannot see the least difference between transfixing boy died, and the blacksmith was executed. (Grey's with a spear, or placing a spear so that it will transtir; Case, Kel. 61, 65.) A woman kicked and stamped on and, therefore, if Vere versus Lord Cawdor and King, the belly of her child-she was found guilty of mur- is good law, the action could have been maintained in der. (i East, P. C. 261.) Si immoderate suo jure Dean versus Clayton ; but the solemn consideration ułatur, tunc reus homicidii sit. There is, besides, this concerning the life of the pointer is highly creditable additional difference in the two cases put by the Chief to all the judges. They none of them say that it is Justice, that no publication of notices can be so plain, lawful to put a trespassing pointer to deathi under any in the case of the guns, as the sight of the glass or circumstances, or that they themselves would be giad the spikes; for a trespasser may not believe in the to do it; they all seem duly impressed with the recol. notice which he receives, or he may think he shall lection that they are deciding the fate of an animal see a gun, and so avoid it, or that he may have the faithfully ministerial to the pleasures of the upper good luck to avoid it, if he does not see it, whereas, classes of society: there is an awful desire to do their of the presence of the glass or the spikes he can have duty, and a dread of any rash und intemperate deci. no doubt; and he has no hope of placing his hand in sion. Seriously speaking, we can hardly believe ihis any spot where they are not. In the one case, he report of Mr. Justice Best's speech to be correct; yet cuis his fingers upon full and perfect notice, the notice we take it from a book which guides the practice of of his own senses ; in the other case, he loses his life nine-tenths of all the magistrates in England. Does a after a notice which he may disbelieve, and by an judge-a cool, calm man, in whose hands are the issues engine which he may hope to escape.
of life and death, from whom so many miserable trem. Mr. Justice Bailey observes, in the same case, that bling human beings await their destiny-does he te u it is not an indictable offence to set spring guns: per. us, and tell us in a court of justice, that he places such haps not. It is not an indictable offence to go about little value on the life of man, that he would plot the with a loaded pistol, intending to shoot any body who destruction of his fellow.creatures for the preservation grins at you : but, it you do it, you are hanged: 'many of a few hares and partridges ?. Nothing which fails inchoate acts are innocent, the consummation of from me (says Mr. Justice Bailey) 'shall have a tenwhich is a capital offence.
dency to encourage the practice. I consider them,' This is not a case where the motto applies or Vo.(says Mr. Justice Best) as lawfully applicable to the lenti non fit injuria. The man does not will to be protection of every species of property; but even if hurt, but he wills to get the game; and, with that they might not lawfully be used for the protection of rash confidence natural to many characters, believes game, I, for one, should be extremely glad to adop! then, he shall avoid the evil and gain the good.' On the if they were found sufficient for that purpose.' Can contrary, it is a case which exactly arranges itself any man doubt to which of these two magistrates he under the maxim, Quando aliquid prohibetur er directo, would rather entrust a decision on his life, his liberty, prohibetur et per obliquum. Give what notice he may, and his possessions? We should be very sorry to misthe proprietor cannoi lawfully shoot a trespasser (who represent Mr. Justice Best, and will give to his disa. neither runs nor resists) with a loaded pistol ; he can- vowal of such sentiments, it he does disavow them, all not do it er directo ; how then can he do it per obli- the publicity in our power; but we have cited his very quum, by arranging on the ground the pistol which words conscientiously and correctly, as they are given commits the murder ?
in the Law Report. We have no doubt he meant in do Mr. Justice Best delivers the following opinion. His his duty; we blame not his motives, but his feelings lordship concluded as follows:
and his reasoning. *This case has been discussed at the bar, as if these engines we have put every circumstance in favour of the mur.
Let it be observed, that in the whole of this case, were exclusively resorted to for the protection of game; but derer. We have supposed it to be in the night time; I consider them as lawfully applicable to the protection of every species of property against unlawful trespassers. But if but a man may be shot in the day. by a spring gun. even they might not lawfully be used for the protection of We have supposed the deceased to be a poacher ; but game, I, for one, should be extremely glad to adopt such he may be a very innocent man, who has missed his means, if they were found sufficient for that purpose; be-way-an unfortunate botanist, or a lorer. We have cause I think it a great object that gentlemen should have a supposed notice; but it is a very possible event that temptation to reside in the country, amongst their neighbours the dead man may have been utterly ignorant of the and tenantry, whose interests must be materially advanced by notice. This insirumen:, so highly approved or by such a circumstance. The links of society are thereby better preserved, and the mutual advantage and dependence of the Mr. Justice Best—this knitter together of the different higher classes of society, existing between each other, more orders of society—is levelled promiscuously against the beseficially maintained." We have seen, in a neighbouring guilty or the innocent, the ignorant and the intormed. country, the banerul consequences of the non-residence of the No man who sets such an infernal machine, believes landed gentry; and in an ingenious work, lately published by that it can reason or discriminate; it is made to mur. a foreigner, we learn the fatal effects of a like system on the der all alike, and it does murder all alike. Continent. By preserving game, gentlemen are tempted to reside in the country; and, considering that the diversion
Blackstone says, that the law of England, like that of the field is the only one of which they can partake on the of every other well regulated community, is tender of estates, I am of opinion that, for the purpose I have stated, it the public peace, and careful of the lives of the subis of essential importance that this species of property should jects; that it will not suffer with impunity any crime be inviolably protected.'
If this speech of Mr. Justice Best is correctly re-
* Large damages have been given for wounds inflicted by creatures to death for any infringement of his proper. wounded had no notice.
to be prevented by death, unless the same, if committed, stance, meaneth, that the fact hath been attended would also be punished by death.? (Commentaries, vol. with such circumstances as are the ordinary symp. iv. 182.) The law sets so high a value upon the life toms of a wicked heart, regardless of social duty, and of a man, that it always intends some misbehaviour in fatally bent on mischief.'-Fost. 256, 257. the person who takes it away, unless by the command Ferocity is the natural weapon of the common peo. or express permission of the law.? And as to the ple. It gentlemen of education and property contend necessity which excuses a man who kills another se with them at this sort of warfare, they will probably defendendo, Lord Bacon calls even that necessitas cul- be defeated in the end. If spring guns are generally pabilis.' (Commentaries, vol. iv. p. 187.) So far this set—if the common people are murdered by them, luminary of the law. But the very amusements of the and the legislature do not interfere, the posts of gamerich are, in the estimation of Mr. Justice Best, of so keeper and lord of the manor will soon be posts of great importance, that the poor are to be exposed to honour and danger. The greatest curse under heaven sudden death who interfere with them. There are (witness Ireland) is a peasantry demoralized by the other persons of the same opinion with this magistrate barbarity and injustice of their rulers. respecting the pleasures of the rich. In the last ses It is expected by some persons, that the serere sion of Parliament a bill was passed, entitled ' An act operation of these engines will put an end to the trade for the summary punishment, in certain cases, of per. of a poacher. This has always been predicated of sons wilfully or maliciously damaging, or committing every fresh operation of severity, that it was to put trespasses on public or private property.' Anno primo, an end to poachnig. But if this argument is good for -(a bad specimen of what is to happen,)-Georgü IV. one thing, it is good for another. Let the first pickRezis, cap. 56. In this act it is provided, that it any pocket who is taken be hung alive by the ribs, and let person shall wilfully, or maliciously, commit any da- him be a fortnight in wasting to deaih. Let us seize mage, injury, or spoil, upon any building, fence, hedge, a little grammar boy, who is robbing orchards, tie his gate, style, guide-post, mile-stone, tree, wood, under arms and legs, throw over him a delicate puff-paste, wood, orchard, garden, nursery-ground, crops, vegeta- and bake him in a bun-pan in an oven. If puaining bles, plants, land, or other matter or thing growing or can be extirpated by intensity of punishment, why being therein, or to or upon any real or personal pro. not all other crimes? If racks and gibbets and tenperty of any nature or kind soever, he may be imme- ter-hooks are the best method of bringing back the diately seized by any body, without a warrant, taken golden age, why do we refrain from so easy a receipt before a magistrate, and fined (according to the mis- for abolishing every species of wickedness ? The best chief he has done) to the exteni of 51.; or, in default way of answering a bad argument is not to stop it, of payment, may be committed to the jail for three but to let it go on in its course till it leaps over the mouths.' And at the end comes a clause, exempting boundaries of common sense. There is a little book from the operation of this act all mischief done in called Beccaria on Crimes and Punishments, which we hunting, and by shooters who are qualified. This is strongly recommend to the attention of Mr. Justice surely the most impudent piece of legislation that ever Best. He who has not read it, is neither fit to make crept into the statute book; and, coupled with Mr. laws, nor to administer them when made. Justice Best's declaration, constitutes the following As to the idea of abolishing poaching altogether, affectionate relation between the different orders of we will believe that poaching is abolished when it is society. Says the higher link to the lower, · If you found impossible to buy game; or when they have meddle with my game, I will immediately murder risen so greatly in price, that noue but people of foryou; if you commit the slightest injury upon my real tune can buy ihem. But we are convinced this never or personal properly, I will take you before a magis- can, and never will happen. All the traps and guns trate and fine you five pounds. I am in Parliament, in the world will never prevent the wealth of the mer. and you are not; and I have just brought in an act of chant and manufacturer from commanding the game Parliament for that purpose. But so important is it to of the landed gentleman. You may, in the pursuit of you that my pleasures should not be interrupted, that this visionary purpose, render the common people sa. I have exempted myself and friends from the opera- vage, ferocious, and vindietive; you may disgrace tion of this act; and we claim the right (without al. your laws by enormous punishmenis, and the national lowing you any such summary remedy) of riding over character by these new secret assassinations; but you your fences, hedges, gates, stiles, guide-posts, mile- will never separate the wealthy glutton from the phieastones, woods, underwoods, orchards, gardens, nurse The best way is, to take what you want, and ry grounds, crops, vegetables, plants, lands, or other to sell the rest fairly and openly.. This is the real matters or things, growing or being thereupon—inclu- spring gun and steel trap which will annihilate, not ding your children and yourselves, if you do not get the unlawful trader, but the unlawful trade. out of the way. Is there, upon earth, such a mockery There is a sort of horror in thinking of a whole land of justice as an act of Parliament, pretending to pro- filled with lurking engines of death-machinations tect property, sending a poor hedge-breaker to jail, against human life under every green tree-traps and and specially exempting from its operation the accu- guns in every dusky dell and bosky bourn—the fere sing and the judging squire, who, at the tail of the natura, the lords of manors eyeing their peasantry as hounds, have that morning, perhaps, ruined as much so many butts and marks, and panting to hear the wheat and seeds as would purchase fuel a whole year click of the trap, and to see the flash of the gun. for a whole village ?
How any human being, educated in liberal knowledge It cannot be urged, in extenuation of such a murder and Christian feeling, can doom to certain destruction as we bare described, that the artificer of death had a poor wretch, tempted by the sight of animals that no particular malice against the deceased ; that his ob- naturally appear to him to belong to one person as jeci was general, and his indignation levelled against well as another, we are at a loss to conceivė. We offenders in the aggregate. Every body knows that cannot imagine how he could live in the same village, there is a malice by implication of law.
and see the widow and orphans of the man whose "In general, any formal design of doing mischief blood he had shed for such' a trifle. We consider a may be called malice; and therefore, not such killing person who could do this, to be deficient in the very only as proceeds from premeditated hatred and re- elements of morals—to want that sacred regard to hů. venge against the person killed, but also, in many man life which is one of the corner stones of civil so. other cases, such as is accompanied with those cir- ciety. If he sacrifices the life of man for his mere cumstances that show the heart to be preversely pleasures, he would do so, if he dared, for the lowest wicked, is adjudged to be of malice prepense.'—2 and least of his passions. He may be defended, per. Haw. c. 31.
haps, by the abominable injustice of the game laws For, where the law makes use of the term, malice though we think and hope he is not. But there rests aforethought, as descriptive of the crime of murder, it upon his head, and there is marked in his account, the is not to be understood in that narrow restrained sense deed and indelible sin of blood-guiltiness. in which the modern use of the word malice is apt to lead one, a principle of malevolence to particulars : for the law, by the term malice, malitia, in this in.
PRISONS. (EDINBURGH REVIEW, 1821.) rection of one abuse may lead to that of another
feel uneasy at any visible operation of public spirit - Thoughts on the Criminal Prisons of this country, occa- and justice-hate and tremble ala man who exposes
sioned by the Bill now in the House of Commons, for Con and rectifies abuses from a sense of duty-and think, solidaling and Amending the Laws relating to Prisons ; with some Remarks on the Practice of looking to the Task- | if such things are suffered to be, that their candle. Master of the Prison rather than to the Chaplain for the Re- ends and cheese-parings are no longer safe : and these formation of Offenders ; and of purchasing the work of sagacious persons, it must be said for them, are not those whom the Law has condemned to Hard Labour as a
very wrong in this feeling. Providence, which has de. Punishment, by allowing them to spend a Portion of their nied to them all that is great and good, has given Earnings during their Imprisonment. By George Holford, them a fine tact for the preservation of their plunder: Esq. M. P. Rivington. 1821. 2. Gurney on Prisons. Constable and Co. 1819.
their real enemy is the spirit of inquiry-the dislike 3. Report of Society for bettering the Condition of Prisons. of wrong—the love of right-and the courage and dil. Besley. 1820.
igence which are the concomitants of these virtues.
When once this spirit is up, it may be as well directed There are, in every county in England, large pub- to one abuse as another. To say you must not torture lic schools, maintained at the expense of the county, a prisoner with bad air and bad food, and to say you for the encouragement of profligacy and vice, and for must not tax me without my consent, or that of my providing a proper succession of housebreakers, prof. representative, are both emanations of the saine prinligates, and thieves. They are schools, too, conduct- ciple, occurring to the same sort of understanding, ed without the smallest degree of partiality or favour; congenial to the same disposition, published, protect. there being no man (however mean his birth, or ob- ed, and enforced by the saine qualities. This it is that scure his situation,) who may not easily procure ad- really excites the horror against Mrs. Fry, Mr. Gurmission to them. The moment any young person ney, Mr. Bennet, and Mr. Buxton. Alarmists such as evinces the slightest propensity for these pursuits, he we have described have no particular wish that prisons is provided with food, clothing, and lodging ; and put should be dirty, jailers cruel, or prisoners wretched ; to his studies under the most accomplished thieves they care little about such matters either way; but all and cut-throats the county can supply. There is not, their malice and meanness are called up into action to be sure, a formal arrangement of lectures, after the when they see secrets brought to light, and abuses manner of our universities; but the petty larcenous giving way before the diffusion of intelligence, and the strippling, being left destitute of every species of em- aroused feelings of justice and compassion. As for us, ployment, and locked up with accomplished villains we have neither love of change, nor fear of it; but a as idle as himself, listens to their pleasant narrative a love of what is just and wise, as far as we are able of successful crimes, and pants for the hour of f'ree to find it out. In this spirit we shall offer a few obserdom, that he may begin the same bold and interesting vations upon prisons, and upon the publications before
This is a perfectly true picture of the prison estab The new law should keep up the distinction between lishments of many counties in England, and was so, jails and houses of correction. One of each should till very lately, of almost all; and the effects so com: exist in every county, either at a distance t'rom each pletely answered the design, that in the year 1818, other, or in such a state of juxtaposition that they there were committed to the jails of the United King- might be under the same governor. To the jail shoulú dom more than one hundred and seven thousand per. be committed all persons accused of capital offences, sons !* a number supposed to be greater than that of whose trials would come on at the Assizes; to the all the commitments in the other kingdoms of Europe house of correction, all offenders whose cases would be put together.
cognizable at the Quarter Sessions. Sentence of im. The bodily treatment of prisoners has been greatly prisonment in the house of correction, after trial, improved since the time of Howard. There is still, should cary with it hard labour ; sentence of imprishowever, much to do; and the attention of good and onment in ihe jail, after trial, should imply an exemp humane people has been lately called to their state of lion from compulsory labour. There should be no moral discipline.
compulsory labour in jails--only in houses of correc. It is inconceivable to what a spirit of party this has tion. In using the terms Jail and House of Correction, given birth ;-all the fat and sleek people,-ihe enjoy. we shall always attend to these distinctions. Prison ers,—the mumpsimus, and well as we are people, ers for trial should not only not be compelled to labour, are perfectly outrageous at being compelled to do their but they should have every indulgence shown to them duty: and to sacrifice time and money to the lower or compatible with safety. No chains much better diet ders of mankind. Their first resource was, to deny all than they commonly have all possible access to their the facts which were brought forward for the purposes frievds and relations—and means of earning money if of amendment; and the alderman's sarcasm of the they choose it. The broad and obvious distinction Turkey carpet in jails was bandied from one hard. between prisoners before and after trial should conhearted and fat-witted gentleman to another : but the stantly be attended to; to violate it is gross tyranny advocates of prison-improvement are men in earnest- and cruelty. not playing at religion, but of deep feeling, and of in The jails for men and women should be so far sepadesatible industry in charitable pursuits. Mr. Buxton rated, ihat nothing could be seen or heard from one to went in company with men of the most irreproachable the other. The men should be divided into two class. veracity; and found, in the heart of the metropolis, es: 1st, those who are not yet tried ; 2d, those who are and in a prison of which the very Turkey carpet alder. tried and convicted. The first class should be divided man was an official visitor, scenes of horror, tilth, and into those who are accused as misdemeanants and as cruelty, which would have disgraced even the interior telons ; and each of these into first misdemeanants of a slave-ship.
and second misdemeanants, men of better and worse This dislike of innovation proceeds sometimes from character ; and the same with feluns. The second the disgust excited by false humanity, canting hypoc class should be divided into, 1st, persons condemned 10 risy, and silly enthusiasm. It proceeds also from a death ; 2dly, persons condemned for transportation : stupid and indiscriminate horror of change, whether 3dly, first class of confined, or men of the best charof evil for good, or good for evil. There is also much acter under sentence of confinement ; 4thly, second party spirit in these matters. A good deal of these confined, or men of worse character under sentence of humane projects and institutions originates from Dis- confinement. To these are to be added separate places
The plunderers of the public, the jobbers, for king's evidence, boys, lunatics, and places for the and those who sell themselves to some great man, reception of prisoners, before they can be examined who sells himself to a greater, all scent from afar, thé and classed :-a chapel, hospital, yards, and work. danger of political change-are sensible that the cor- shops for such as are willing to work.
The classitications in jails will then be as follows:Report of Prison Society, xiv.
Men before Trial.
Men after Trial. The fact is, that a thief is a very dainty gentleman. 1st Misdemeanants.
Sentenced to death. Male parla cito dilabuntur. He does not rob to lead a 2d Ditto.
life of mortification and self-denial. The difficulty of 1st Felons.
controlling his appetites, in all probability, first led 2d Ditto.
him to expenses, which made him a thief to support Other Divisions in a Jail
them. Having lost character, and become desperate,
he orders crab and lobster and veal cuilets at a public King's Evidence.
house, while a poor labourer is refreshing bumselt with Criminal Lunatics.
bread' and cheese. The most vulnerable part of a Boys.
thiet is his belly; and there is nothing he feels more Prisoners on their first reception.
bitterly in continement than a long course of water. And the same divisions for Women.
gruel and flour.puddings. It is a mere mockery of But there is a division still more important than any punishment to say, that such a man shall spend his of these; and that is, a division into much smaller money in luxurious viands, and sit down to dinner with numbers than are gathered together in prisons :-40, fetters on his feet, and fried pork in his stomach. 50, and even 70 and 80 felons, are often placed togeth
Restriction to diet in prisons is still more necessary, er in one yard, and live together for months previous when it is remembered that it is impossible to avoid to their trial. Any classitication of offences, while making a prison, in soine respects, more eligible than there is such a muliitude living together of one class, the home of a culprit. It is almost always more spais perfectly nugatory and ridiculous; no character can cious, cleaner, betier ventilated, better warmed. All esrape from corruption and extreme vice in such a these advantages are inevitable on the side of the pri. school. The law ought to be peremptory against the son. The means, therefore, that remain of making a confinement of more than fifteen persons together of prison a disagreeable place, are not to be neglected ; the same class. Unless some measure of this kind is and of these, none are more powerful than the regula. resorted to, all reformations in prisons is impossible.* tion of diet. If this is neglected, the meaning of sen.
A very great, and a very neglected object in prisons, tencing a man to prison will be this—and it had better
• Prisoner at the bar, you are fairly convicted, by a adly, Common prison diet, to be settled by the magis- jury of your country, of having feloniously stolen iwo rates; 3dly, Best prison 'diet, to be settled by ditto; pigs, the property of Stephen Muck, farmer. The Whly, Free diet, from which spirituous liquors alto- court having taken into consideration the frequency çether, and fermented liquors in excess, are excluded. and enormity of this offence, and the necessity of re. All prisoners, before trial, should be allowed best pri- straining it with the utmost severity of punishment, do son diet, and be upon free diet if they could afford it. order and adjudge that you be contined for six months Every sentence for imprisonment should expressly in a house larger, betier, better aired, and warmer nention to which diet the prisoner is confined ; and than your own, in company with 20 or 30 young per. so other diet should be, on any account, allowed to sons in as good health and spirits as yourself. You iuch prisoner after his sentence. Nothing can be so need do no work, and you inay have any thing for preposterous, and criminally careless, as the way in breakfast, dinner, and supper you can buy? In pass. which persons confined upon sentence are suffered to ing this sentence, the court hope that your example ive in prison. Misdemeanants, who have money in will be a waring to others; and that evil-disposed cheir pockets, may be seen in many of our prisons persons will perceive, from your suffering, that the with fish, buttered veal, rump steaks, and every other laws of their country are not to be broken with impukind of luxury; and as the practice prevails of allow-nity: ing them to purchase a pint of ale each, the rich pri
Ås the diet, according to our plan, is always to be soner purchases many pints of ale in the name of his a part of the sentence, a judge will, of course, consi. poorer brethren, and drinks them himself. A jail der the nature of the offence for which the prisoner is should be a place of punishment, from which men re committed, as well as the quality of the prisoner: and coil with horror-a place of real suffering, painful to we have before stated, that all prisoners, betore trial, the memory, terrible to the imagination ; but it men should be upon the best prison diet, and unrestricted can live idly, and live luxuriously, in a clean, well as to what they could purchase, always avoiding in. aired, well-warmed, spacious habitation, is it any won
temperance. der that they set the law at defiance, and brave that
These gradations of diet being fixed in all prisons, magistrate who restores them to their former luxury and these definitions of Jail and House of Correction and ease? There are a set of men well known to jail-being adhered to, the punishment of imprisonment ers, called Family-men, who are constantly returning may be apportioned with the greatest vicety, either to jail, and who may be said to spend the greater part by the statute, or at the discretion of the judge, if of their life there,-up to the time when they are the law chooses to give him that discretion. There hanged.
will be Minutes of Evidence taken before Select Committee on Gaols
Imprisonment for different degress of time. •Mr. William BEEDY, Keeper of the New Clerkenwell
Imprisonment solitary, or in company, or in
darkness. Prison.-Have you many prisoners that return to you on re-commitment? A vast number ; some of them are fre
In jails without labour. quently discharged in the morning, and I have them back
In houses ot correction with labour. again in the evening : or they have been discharged in the Imprisonment with diet on bread and water. evening, and I have had thein back in the morning.'-Evi Imprisonment with coinmon prison diet. dence before the Committee of the House of Commons in 1819, Imprisonment with best prison diel. p. 278.
Imprisonment with free diet. • Friscis Const, Esq., Chairman of the Middlesez Quarter Every selitence of the judge should state diet, as Sessions.-Has that opinion been confirmed by any conduct well as light or darkness, time, place, solitude, society, you have observed in prisoners that have come before you labour or ease; and we are strongly of opinion, that for trial? I only judze from the opposite thing, that, going the punishment in prisons should be sharp and short. into a place where they can be idle, and well protected We would, in most cases, give as much of solitary from any inconveniences of the weather, and other things that poverty is open to, they are not amended at all; they confinement as would not injure men's minds, and as laugh at it frequently, and desire to go to the House of Cor- much bread and water diet as would not injure their rection. Once or twice, in the early part of the winter, bodies. A retum to prison should be contemplated upon sending a prisoner for two months, he has asked with horror-horror, not excited by the ancient filth, whether he could not stay longer, or words to that effect. disease, and extortion of jails; but by calm, well-re. fore the Committee of the House of commons in 1819, p. 285. gulated, well-watched austerity-by ihe gloom and
sadness wisely and intentionally thrown over such an * We should much prefer solitary imprisonment; but are abode. Six weeks of such sort of imprisonment would at present speaking of the regulations in jails where that be much more efficacious than as many months of jolly system is excluded.
company and veal cutlets.
It appears by the Times newspaper of the 24th ment of refractory prisoners ? I have. Do you find it of June, 1821, that two persons, a man and his wife, necessary occasionally to use them? Very seldom.-Have were committed at the Surrey Sessions for three you, in any instance, been obliged to use the dark cell, in yoars. If this county jail is bad, to three years of the case of the same prisoner, twice? Only on one occaídleness and good living-if it is a manufacturing jail, a refractory prisoner to bring him to his senses?
sion, I think.-What length of time is necessary to confine
Less than to three years of regular labour, moderate living, and one day.-Do you think it essential, for the purpose of accumulated gains. They are committed principally keeping up the discipline of the prison, that you should for a warning to others, partly for their own good. have it in your power to have recourse to the nishment Would not these ends have been much more effectu. of dark cells? I do; I consider punishment in a dark cell ally answered, if they had been committed, for nine for one day, has a greater effect upon a prisoner than to months; to solitary cells, upon bread and water; the fore the Committee of the House of Commons in 1819, p 359.
keep him on bread and water for a month.'-- Evidence befirst and last month in dark cells? If this is too se. vere, then lessen the duration still more, and give The evidence of the governor of Gloucester jail is to them more light days and fewer dark ones; but we the same effeet. are convinced the whole good sought may be better obtained in much shorter periods than are now resort. • Mr. THOMAS CUNNINGHAM, Keeper of the Gloucester ed to.
Gaol.--Do you attribute the want of those certificates enFor the purpose of making jails disagreeable, the tirely to the nexlect of enforcing the means of solitary con
finement? I do most certainly. Sometimes, where a cer. prisoners should remain perfectly alone all night, if it titicate has not been granted, and a prisoner has brought : is not thought proper to render their confinement en- certiticate of good behaviour for one year, Sir George and tirely solitary during the whole period of their im- the committee ordered one pound or a guinea from the prisonment. Prisoners dislike this—and therefore charity.- Does that arise from your apprehension that the it should be done ; it would make their residence in prisoners have not been equally reformed, or only from the jails more disagreeable, and render them unwilling to want of the means of ascertaining such reformation? It is return there. At present, eight or ten women sleep their working in numbers. They may be reformed? Yes, in a room with a good fire, pass the night in sound but we have not the means or ascertaining it. There is one sleep or pleasant conversation; and this is called con- thing I do which is not provided for by the rules, and finement in a prison. A prison is a place where men, which is the only thing in which I deviate from the rules. after trial and sentence, should be made unhappy by When a man is comınitted for a month, I never give him public lawful enactments, not so serere as to injure any work; he sits in solitude, and walks in the yard by fuimathe soundness of mind or body. If this is not done, except twice a week a pint of peas soup. I never knew an prisons are a mere invitation to the lower classes to instance of a man coming in a second time, who had been wade, through felony and larceny, to better accom- committed for a month. I have done that for these sevenmodations than they can procure at home. And here, teen or eighteen years.--What has been the result? They as it appears to us, is the mistake of the many excel. dread so much coming in again. If a man is committed lent men who busy themselves (and wisely and hu- for six wecks, we give him work.--Do you apprehend that manely busy themselves) about prisons. Their first solitary continement for a month, without employment, is object seems to be the reformation of the prisoners, it is.-Can it operate as the means of reform, any more
the most beneficial means of working reform? I conceive not the reformation of the public; whereas the first than it operates as a system of punishment? It is only for object should be, the discomfort and discontent of small offences they commit for a month.–Would not the their prisoners; that they should become a warning: same effect be produced by corporal punishment ? Corpofeel unhappy, and resolve never to act so again as to ral punishment may be absolutely necessary sometines; put themselves in the same predicament; and then as but I do not think corporal punishment would reform thera much reformation as is compatible with this the better. so much as solitary confinement.--Would not severe cor
No, it would If a man says to himself, this prison is a comfortable poral punishment' have the same effect?
harden them more than anything else.-Do you think benplace, while he says to the chaplain or the visitor that efit is derived from the opportunity of reflection afforded he will come there no more, we confess we have no by solitary confinement? Yes.-and very low diet also ? great confidence in his public declaration ; but if he Yes.' --Evidence before the Commtttce of the House of Comsays, “this is a place of misery and sorrow, you shall mons in 1819, p. 391. not catch me here again, there is reason to believe he will be as good as his word ; and he then becomes
We must quote also the the evidence of the gover. (which is of much more consequence than his own
nor of Horsley jail. reformation) a warning to others. Hence it is we • Mr. WILLIAM STOKES, Governor of the House of Correcobject to that spectacle of order and decorum-car. tion at Horsley:-Do you observe any difference in the conduct penters in one shop, tailors in another, weavers in a of prisoners who are employed, and those who have no emihird, sitting down to a meal by ring of bell, and reployment? Yes, a good deal; I look upon it, from what ceiving a regular portion of their earnings.' We are judgment I can to m, and I have been a long while in it, that afraid it is better than real life on the other side of the the law allows, and if he have no work, that that man goes
to take a prisoner and discipline him according to the rules as wall, or so very little worse that nobody will have any through more punishment in one month, than a man who is fear to encounter it. In Bury jail, which is consider. employed and receives a portion of his labour three months; ed as a pattern jail, the prisoners under a sentence of but still I should like to have employment, because a great confinement are allowed to spend their weekly earn- number of times I took men away who have been in the habit ings (two, three, and four shiilings per week) in fish, ot'earning sixpence a week to buy a loaf, and put them in solitobacco, and vegetables ; so states the jailer in his tary confinement, and the punishment is a great deal more examination before the House of Commons-and we employed, or those unemployed, do you think would go out of
without work.-Which of the prisoners, those that have been have no doubt it is well meant ; but is it punishment ? the prison the better men? I think, that let me have a prisoaWe were more struck, in reading the evidence of the er, and I never treat any one with severity, any further than jail commitree before the House of Commons, with that they should be obedient, and to let them see that I will do the opinions of the jailer of the Devizes jail, and with my duty, I have reason to believe, that, if a prisoner is comunitthe practice of the magistrates who superintend it.* ted under my care, or any other man's care, to a house of core
rection, and he has to go under the discipline of the law, if he "Mr. T. BRUTTON, Governor of the Gaol at Derizpe.-Does is in for the value of a month or six weeks, tha: a mau is in a this continement in solitude make prisoners more adverse great deal better state than though he stays for six months ; he to return to prison? I think it does.-Does it make a strong gets hardened by being in so long, from one month to another. impression upon them? I have no doubt of it.-Does it —You are speaking now of solitude without labour; do you make them more obedient and orderly while in gaol? I think he would go out better if he had been employed during have no doubt it does.-Do you consider it the most effectu- the month you speak of? No, nor half; because I never task al punishment you can make use of? I do.-Do you those people, in order that they should not say I force them to think it has a greater effect upon the minds of prisoners do more than they are able, that they should not slight it; for than any apprehensions of personal punishment? I have if they perform anything in the bounds of reason, I never find no doubt of it.—Have you any dark cells for the punish- fault with thein. The prisoner who is employed, his time
passes smooth and comfortable, and he has a proportion of bis The Winchester and Devizes jails serm to us to be con- earnings, and he can buy additional diet; but it he has no ducted upon better principles than any other, though even labour, and kept under the discipline of the prison, it is a these are by no means what jails should be.
tight piece of punishment to go through. Which of the two