CHAPTER I

The History and

Romance of

Crime

FROM THE EARLIEST TIMES

TO THE PRESENT DAY

[Illustration]

THE GROLIER SOCIETY

LONDON

[Illustration]

_A Prison in Tangier_

Oriental Prisons

PRISONS AND CRIME IN INDIA

THE ANDAMAN ISLANDS

BURMAH--CHINA--JAPAN--EGYPT

TURKEY

_by_

MAJOR ARTHUR GRIFFITHS

_Late Inspector of Prisons in Great Britain_

_Author of

“The Mysteries of Police and Crime

Fifty Years of Public Service,” etc._

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THE GROLIER SOCIETY

EDITION NATIONALE

Limited to one thousand registered and numbered sets.

NUMBER 234

INTRODUCTION

It is as true of crime in the Orient as of other habits, customs

and beliefs of the East, that what has descended from generation to

generation and become not only a tradition but an established fact, is

accepted as such by the people, who display only a passive indifference

to deeds of cruelty and violence. Each country has its own peculiar

classes of hereditary criminals, and the influence of tradition and

long established custom has made the eradication of such crimes a

difficult matter.

Religion in the East has had a most notable influence on crime. In

India the Thugs or professional stranglers were most devout and their

criminal acts were preceded by religious rites and ceremonies. In

China the peculiar forms of animism pervading the religion of the

people has greatly influenced criminal practices. Murder veiled in

obscurity is frequently attributed to some one of the legion of evil

spirits who are supposed to be omnipresent; and to satisfy and appease

these demons innocent persons are made to suffer. So great, too, is

the power of the spirit after death to cause good or ill, that many

stories are related of victims of injustice who have hanged themselves

on their persecutors’ door-posts, thus converting their spirits into

wrathful ghosts to avenge them. The firm belief in ghosts and their

power of vengeance and reward is a great restraint in the practice of

infanticide, as the souls of murdered infants may seek vengeance and

bring about serious calamity.

Oriental prison history is one long record of savage punishments

culminating in the death penalty, aggravated by abominable tortures.

The people are of two classes, the oppressed and the oppressors, and

the last named have invented many devices for legal persecution.

In early China and Japan, relentless and ferocious methods were in

force. One of the emperors of China invented a new kind of punishment,

described by Du Halde in 1738, at the instigation of a favourite wife.

It was a column of brass, twenty cubits high and eight in diameter,

hollow in the middle like Phalaris’s Bull, with openings in three

places for putting in fuel. To this they fastened the criminals, and

making them embrace it with their arms and legs, lighted a great fire

in the inside; and thus roasted them until they were reduced to ashes.

The first slaves in China were felons deprived of their liberty. Later

the very poor with their families sold themselves to the rich. Although

slavery has never been largely prevalent owing to the patriarchal

nature of society, all modern writers agree that it exists in a

loathsome form to-day. Parents sell their children and girls bring a

higher price than boys.

Who does not know of the peculiar sufferings and wrongs inflicted

for so many generations on the gentle peasant in the proud land of

the Pharaohs, of whom it is said “that the dust which fills the air

about the Pyramids and the ruined temples is that of their remote

forefathers, who swarmed over the land, working under the fiery sun and

the sharp scourge for successive races of task-masters--the Ethiopian,

the Persian, the Macedonian, the Roman, the Arab, the Circassian and

the Turk.”

During the reign of Ismail Pasha we hear of 150,000 men, women and

children driven forth from their villages with whips to perform work

without wages on the Khedive’s lands or in his factories. It is a

heartrending picture.

In earlier times the administration of the country districts was in

the hands of governors appointed by the Pasha and charged by him with

the collection of taxes and the regulation of the corvêé, or system of

enforced labour, at one time the universal rule in Egypt. The present

system established by Great Britain is in striking contrast to past

cruelties.

CONTENTS

CHAPTER PAGE

I. PRISON SYSTEM IN INDIA 9

II. THE CRIME OF THUGGEE 42

III. CEREMONIES OF THUGGEE 70

IV. DACOITY 82

V. CHARACTERISTIC CRIMES 124

VI. THE ANDAMAN ISLANDS 148

VII. PRISONS OF BURMAH 170

VIII. CRIME IN CHINA 205

IX. ENLIGHTENED METHODS OF JAPAN 229

X. THE LAW IN EGYPT 243

XI. TURKISH PRISONS 269

List of Illustrations

A PRISON IN TANGIER _Frontispiece_

EXECUTION IN INDIA _Page_ 124

CHINESE PUNISHMENT “ 217

PRISONS OF INDIA

CHAPTER I

PRISON SYSTEM IN INDIA

Lord Macaulay’s work--Commission appointed to look into

state of prisons--Appointment of an inspector-general of

gaols--Charge of district gaols given into the hands of civil

surgeons--Treatment of juvenile offenders in India--Prison

discipline--The employment of convict overseers--Caste--Ahmedabad

gaol--Prison industries--Alipore Gaol in Calcutta--Ameer Khan,

the Wahabee--Description of the Montgomery gaol--The prison

factory--Convict officials--The gaol of Sirsah--A native gaol of

Orissa.

The prison system in India developed gradually under the British

rule. At first but little attention was paid to the subject of penal

discipline, and the places of detention were put in the charge of

judicial officers who had complete control of the criminals in their

districts. The judges and magistrates had but little time to attend

to the gaols; the administration was chiefly in the hands of native

subordinates, and abuses of every kind prevailed, as might have been

expected.

The first important step toward prison reform was initiated by Lord

Macaulay when a member of the Indian Law Commission in 1835. He

suggested that a committee should be appointed to look into the

state of the prisons in India and to prepare an improved plan of

prison discipline. This suggestion was readily acceded to by the

governor-general, Sir C. Metcalfe, and a committee composed of fourteen

able and distinguished men was selected for the purpose. An extract

from their report will best show the existing state of the prisons at

that time, and runs as follows:

“In reviewing the treatment of prisoners in Indian gaols, although on

some points which we have not failed to throw into a strong light the

humanity of it is doubtful, yet generally the care that is taken of the

physical condition of these unfortunate men in the great essentials

of cleanliness, attention to the sick and the provision of food and

clothing, appears to us to be highly honourable to the government of

British India. When fair allowance has been made for the climate of

the country and the habits of the people, we doubt whether India will

not bear a comparison even with England, where for some years past

more money and attention has been expended to secure the health and

bodily comfort of prisoners than has ever been the case in any other

country of Europe.... It appears to us that that which has elsewhere

been deemed the first step of prison reform has been already taken in

India. What after many years was the first good effect of the labours

of Howard and Neild in England has already been achieved here. There

is no systematic carelessness as to the circumstances of the prisoner,

no niggardly disregard of his natural wants; he is not left to starve

of cold or hunger or to live on the charity of individuals; he is not

left in filth and stench to sink under disease without an attempt to

cure him; he is not able to bribe his gaoler in order to obtain the

necessaries which the law allows him. With us in England, the second

stage of prison reform seems to be nearly the present state of prison

discipline in India. The physical condition of the prisoner has been

looked to, but nothing more, and the consequences here as in England

have been that a prison, without being the less demoralising, is not a

very pleasant place of residence.... The proportion of distinct civil

gaols to all other gaols is very honourable to the government. The

mixture of the two sexes in Indian prisons is unknown, and in general

the separation of tried and untried prisoners is at least as complete

in India as in other countries. We allude to these things, not to give

more credit to the Indian government in these matters than it deserves,

but to show that although we have found much fault and recommend many

reforms, we do not overlook the fact that much has been already done.”

The second stage in Indian prison reform was the appointment of an

inspector-general of gaols for every province. This was first tried as

an experiment in the North-western Provinces after some hesitation

on the part of the government, and it was proved conclusively by

comparison with the statistics of former years “that the prisoners were

generally more healthy, better lodged, fed and clothed, that the gaol

discipline had been much improved and that the expenditure had been

reduced” in those prisons which had been placed under the supervision

of an inspector. Upon this evidence the government decided to make the

office a permanent one, and it was finally established in 1850 in the

North-western Provinces and shortly afterward in the Punjab, Bengal,

Madras and Bombay.

The third important measure toward prison reform in India was

initiated in the North-western Provinces. Until 1860, the management

of the district gaols had been in the hands of the magistrates of the

surrounding country, but it was found that owing to the increased

pressure of work in the administration they were unable “to find

time to regulate the management, economy and discipline of the local

prison with the care and exactness which the pecuniary interests of

the government and the purposes of civil administration demand.”

Therefore the civil surgeon, who had formerly had charge of the medical

department only of the local gaol, was now given the entire management.

This change was finally sanctioned by the government in 1864, after

due trial which showed that there had been an improved discipline

and an improved economy in all the gaols in which the experiment had

been tried. In 1864 two other important reforms were introduced:

first,--that no central gaol (intended for all prisoners sentenced to a

term exceeding one year) should be built to accommodate more than one

thousand persons; and second,--that the minimum space allowed to each

prisoner should be 9 feet by 6, or 54 superficial feet, and 9 feet by 6

by 12, or 648 cubic feet.

Some of the many difficulties in the way of prison reform besides those

of finance are summed up in Lord Auckland’s resolution upon the prison

committee’s report.

“Every reform of prison discipline is almost of necessity attended at

the outset with extraordinary expense. To exchange the common herding

together of prisoners of all descriptions for careful classification;

to substitute a strict and useful industry for idleness or for a light,

ill-directed labour; to provide that the life which is irksome shall

not also be unhealthy, and that the collection of the vicious shall not

be a school of vice,--are all objects for the first approach of which

large buildings must be erected, machinery formed and establishments

contrived, and in the perfect attainment and maintenance of which great

disappointment has after every effort and expense in many countries

ensued. In no country is it likely that greater difficulty will be

experienced than in this for the mere locality of the prison; that

which is healthy in one season may become a pesthouse by a blast of

fever or cholera, in another. For its form--the close yard which is

adapted for classification and is not unwholesome in England, would be

a sink of malaria in India. For food, for labour and for consort there

are habits and an inveteracy of prejudice bearing upon health, opposing

the best management of prisons such as are not to be encountered

elsewhere, and superadded to all this is the absence of fitting

instruments for control and management, while it is principally upon a

perfect tact and judgment and an unwearying zeal that the success of

every scheme of discipline has been found to depend.”

The classification of the gaols in the North-western Provinces and Oude

is made according to the number of persons they can hold, as follows:

the central prisons of the first, second, third and fourth class;

the district prisons, and the lock-ups. In the central prisons, all

prisoners sentenced to rigorous imprisonment for any period exceeding

six months are confined; in the district prisons all prisoners

sentenced to terms not exceeding three months are sent for every kind

of crime, also civil prisoners and prisoners committed for trial at the

sessions court; in the lock-ups all prisoners under trial before any

court are lodged.

There are no reformatories for juvenile offenders in India. The

government has so far considered that there is no need for their

establishment. This conclusion has been arrived at by a comparison

between the state of civilisation in the European countries which have

adopted this plan of dealing with juvenile criminals and that of India.

In the former there is a large class of vagrant, deserted and neglected

children, which is quite unknown in the latter country. The following

figures will serve to show the truth of this assertion. In Ireland, in

1866, out of a population of 6,000,000, there were 1,060 juveniles,

under sixteen years, committed to prison for various offences; whereas

in the whole of India, with a population of more than 150,000,000, the

commitment of juveniles was about 2,000 in the same year.

In the presidency of Bombay there is an institution of very much the

same nature as a reformatory, called the David Sasson Industrial and

Reformatory Institution, which owes its origin to private benevolence,

but which now receives some support from public resources. It is quite

separate from the gaols and under different management and control.

In the North-western Provinces “all boys and lads under eighteen years

of age, sentenced to periods of imprisonment for three months, are

transferred as soon after sentence as possible to the nearest central

prison, where they are placed under a regular system of education with

training in industrial labour; they are confined in separate cells

at night wherever there are a sufficient number of these for their

accommodation, which is the case at Meerut, Agra and Gorruckpore,

and at all prisons they attend school and labour for fixed periods

during the day under directors specially employed for that purpose.

Boys, whether confined in separate cells or association, are kept, day

and night, entirely separate from the adult prisoners.” In the Punjab

there is a reformatory in connection with the gaol of Goordaspore to

which boys sentenced to more than six months’ confinement are sent.

This reformatory was first established in the Sealkote gaol in 1862,

but was subsequently removed to Goordaspore. The warder in charge,

the gaol officials, the inspectors and the teacher approved by the

educational department, are the only adults allowed to enter this

yard. In the majority of district gaols there is a special yard set

aside for juvenile prisoners, and in those gaols, where no such yard

exists, when juvenile prisoners are received they are placed in cells,

or other arrangements are made for separating them from the rest of

the prisoners at night, and during the day they are made to work in a

part of the yard by themselves. In the Lahore central gaol there is a

separate yard for juveniles under a specially selected warder.

Nearly every presidency and province of India has its gaol code,

drawn up under the sanction of the Prison Acts. That of Bengal was

compiled by Frederic J. Mouat, M. D., and was introduced in the year

1864. “It borrowed freely,” he says, “from all the existing European

and Indian rules which seemed to me to be suited for introduction in

lower Bengal, and contained some special provisions based upon my

personal experience, and study of prison systems at home and abroad....

It defined in considerable detail the duties, responsibilities and

powers of all classes of prison officers; contained provisions for

the classification and punishment of all classes of offenders; their

management in sickness and in health; their food, clothing, work,

instruction; and, in fact, every detail of discipline during their

residence in gaol, their transfer from one prison to another, their

discharge, and in the execution of capital sentences.” Since these

rules were framed a system of remission of sentence as the reward for

good conduct in gaol has been introduced, based on the principle of

what is known as the Irish system.

One of the chief peculiarities of Indian prison management is the

employment of convicts in the maintenance of discipline. From the

earliest days, prisoners were employed in the discharge of all the

menial duties of the gaols, cooking, washing, cleansing, scavengering,

husking rice, grinding corn and the preparation of food. The difficulty

of obtaining trustworthy warders on the salaries allowed, and the

impossibility of preventing the introduction of forbidden articles

through their agency, led to the trial in the gaol at Alipore of

well-behaved, long-term convicts as prison guards. They were found to

be more reliable than outsiders, and to discharge their duties more

efficiently. The practice was adopted in other prisons, and when

conducted with care and discretion, worked so well that the system

has been extended throughout India. Special provision for it has been

made in all the gaol codes. As a reward for good conduct and strict

obedience to prison rules, all convicts whose behaviour has been

exemplary throughout, and who have completed the prescribed term of

hard labour, are eligible for the offices of convict warder, guard and

work-overseer. The number employed in these offices can never exceed

ten per cent. of the criminals in custody. All such appointments are

made with great care and deliberation, and are subject to the sanction

of the head of the prison department, by whom they are closely watched.

They are liable to forfeiture for serious misconduct or breach of duty.

As a measure of economy in diminishing the cost of guarding

prisons, and as a means of reformation in teaching self-respect and

self-control, the plan has been successful everywhere in India,

contrary to the usual experience of penal legislators. The privilege

is much prized, and few prisoners who have held such offices have

relapsed into crime, while many have obtained positions of trust on the

completion of their sentences.

In the gaols of Bengal the privileges of caste are respected in

general, but no false plea of caste is permitted to interfere with

punishment. With care, tact and such knowledge of the people committed

to his charge as every officer in command of a prison ought to

possess, no great feeling of dissatisfaction is likely to arise or to

be created. But from the jealousy with which all proceedings within

the prisons are watched by the outside population, and the rapidity

with which intelligence regarding them is spread, it is evident that

extreme care must continue to be observed in the matter. While it is

well known that imprisonment with its enforced associations is always

attended with loss of caste, that, however, is readily restored by the

performance of slight penances on release. It is instructive to find,

on tracing them throughout the country, how the same castes, whatever

differences of names they bear, are most prone to the commission of the

same classes of crime.

Again, it is strange to discover that belief in witchcraft and the

existence of witch-finders is a source of crime in the East at the

present time. Among the Kols, an aboriginal race in the south-west of

Bengal, each village is supposed to have a tutelar divinity, generally

an evil spirit to whom is assigned all the sickness, epidemics,

diseases and misfortunes which occur in the village. To this spirit

certain lands are assigned, and the produce of this land is used in

propitiatory sacrifices. The existence of this superstition is said to

be a frequent cause of murder and extortion. The Kols believe in the

powers of divination of “witch-finders,” who are usually consulted when

anything untoward occurs in a village. This witch-finder, who often

lives at a distance, performs certain absurd ceremonials, and pretends

through them to discover who in the village has caused the anger of

the tutelar deity. The person denounced is generally called upon to

pay handsomely for the evil caused, and usually does so, but if he

refuses he is frequently murdered, and whether he pays or not, if the

misfortune does not cease he is driven from the village, if no worse

fate overtakes him. All this is done in the utmost good faith, faith as

absolute as that with which witch-hunting was pursued by the puritans

of Scotland and America.

Sir Richard Temple, one of the most famous of India’s recent

proconsuls, passes an approving verdict upon Indian prisons as they

existed to the date of his volume, “India in 1880.” He was of the

opinion that they were managed conscientiously and as far as possible,

with the means available, according to accepted principles. They erred

perhaps in construction, and showed many shortcomings as regards

sanitation and disciplinary supervision, but an earnest desire to

improve them has animated the Indian government and its officials.

Native states, a little tardily, perhaps, have followed suit, and

many possess prisons imitating some of the best points of the British

system. They long clung, however, to the old barbarous methods of

punishment, such as short periods of detention with flogging, various

kinds of fining, compensation to the relatives of murdered men, and

mutilation in cases of grave robbery. A capital sentence was very

rarely inflicted.

Gradually public opinion in India awoke to the belief that something

more than mere penal detention was needed for the treatment of

prisoners. Outdoor labour, chiefly employed hitherto, was deemed

injurious to health and demoralising to discipline, entailing undue

expense in staff and guards; and so employment within the walls was

substituted, with organised industries and manufactures by hand and

with the help of machinery. The work done includes the weaving of

carpets, which have a certain value and reputation, and much cotton

and other fibres are manufactured; and the prisoners work at printing,

lithography and other useful trades. The rules for wearing irons and

fetters have been revised, and a consistent attempt has been made at

classification by separating the old habitual criminals from the less

hardened offenders. The system of earning remission by industry and

good conduct, as practised in the British prisons, has been introduced

with good results. Sanitation and ventilation have been much improved,

so that mortality has greatly diminished. Solitary confinement is

enforced as a means of discipline, but the cellular separation of

prisoners by night makes only slow progress, and the association of all

classes, good, bad and indifferent has a generally injurious effect

upon prisoners.

According to Sir Richard Temple’s figures, there were in his time more

than two hundred prisons in all India, exclusive of 386 lock-ups, and

the daily average of inmates was 118,500, of whom only 5,500 were

females. The annual number of crimes committed and charged was 880,000,

and as more than one person is often concerned, the number of persons

tried amounted to 970,000, of whom 550,000 were convicted, the balance

being under trial or discharged. The labours devolving upon the police

were obviously severe, and the prisons were always full.

Among the leading Indian prisons of to-day, one of the largest, the

Ahmedabad gaol, was originally a Mohammedan college and was converted

to its present purpose in 1820. Miss Mary Carpenter, who visited

it in 1868, describes the gaol as follows: “It is a fine-looking

building and near the citadel, but not of course well adapted to its

present purpose, though the large space enclosed by the buildings

gives it great capabilities of improvement. The first thing which

struck us painfully was that the men had irons on their legs. This

barbaric custom, which has long been exploded in our own country,

is here preserved and is indeed general in India in consequence of

the usual insecurity of the premises. The prisoners were working in

large open sheds with little appearance of confinement. A number

were occupied in weaving strong cotton carpets which appeared well

calculated for wear. Others were making towelling of various kinds,

very strong and good, from the cotton grown in the neighbourhood,

while others were manufacturing pretty little cocoa mats and baskets.

There was in general a criminal look in the culprits; they were

working with good-will and appeared interested in their occupation,

as in an ordinary factory. Except the chains, there was nothing of a

penal description in the scene around us; and although this cheerful

open place, with work at useful trades, might not give the intended

feeling of punishment, still it was to be hoped that training these

men to useful labour, under good moral influences, must have a

beneficial influence on their future lives. On remarking this to the

superintendent, he informed me that the salutary effect of the day’s

work under proper supervision was completely neutralised, or even

worse, by the corrupting influences of the night.

“There are four hundred prisoners in this gaol, for whom the number

of sleeping cells is totally inadequate and three or four are

consequently locked up together in the dark for twelve hours. There

is no possibility during this period of preventing communication of

the most corrupting nature, both moral and physical. No man convicted

of a first offence can enter this place--which ought to be one of

punishment and attempted reformation--without the greatest probability

of contamination and gaining experience in evil from the adepts in

crime who are confined with him; no young boy can enter without his

fate being sealed for life.

“Juvenile delinquents, casual offenders, hardened thieves sentenced

to a long term of imprisonment, are all herded together without any

possibility of proper classification or separation. The condition of

the thirty-two whom I had seen at the court on the day before was

even worse than the others; they were all penned up together without

work. There they had been for many months; and still they all were

without any attempt being made to give them instruction, which might

improve their moral and intellectual condition. This state of things

was not owing to any neglect on the part of the superintendent, a man

of enlightened benevolence, who devoted himself heart and soul to

his work. The conditions of this gaol are such that though able and

willing to remedy all these evils if authority and means were given to

him, under the existing circumstances he is powerless. There is ample

room on the premises for him to construct separate cells for all the

prisoners with only the cost of material, but this is not granted to

him; he cannot therefore carry out the printed regulations that the

prisoners are not to be made worse while in custody. The regulations

direct that the juveniles shall be separated from the adults; this is

now simply impossible. Rules are made that the prisoners shall receive

instruction, but no salary is allowed for a schoolmaster; there is

no place appropriated for instruction and no time is granted for

schooling; there are ten hours for labour, two hours are requisite for

meals and rest and during the remainder of the twenty-four hours the

prisoners are locked up. It is indeed permitted by the regulations that

some prisoners may be employed as instructors but with the proviso

that their hours of labour shall not be abridged for the purpose. Such

instructors could not be expected to exercise any good moral influence

on the other prisoners; yet to commence with these, if any educated men

were among them, might lead to some better arrangement. The old college

hall might possibly be employed as a schoolroom for a couple of hours

after sunset; but light would then be required and oil did not form a

part of the authorised expenditure. There were, then, obstacles to any

kind of instruction being imparted to the prisoners which no amount of

earnestness on the part of the officials or the superintendent could

surmount.

“On inquiring whether there were any females in the gaol, we were

conducted to a small separate court where in a dismal ward there were

some miserable women employed in drudgery work. There were no female

attendants and indeed no attempt appeared to be made to improve their

wretched condition. I felt grieved and shocked that in any part of the

British dominions women who were rendered helpless by being deprived of

liberty, and thus fell under our special responsibility, should be so

utterly uncared for as to be left under the superintendence of male

warders and without any means of improvement. In all these observations

I found that I had the full accordance of the superintendent; who, so

far from being annoyed at the discovery of so many evils in this place,

only rejoiced that some one should add force to his own representations

by an independent testimony. He stated that he understood it to be in

contemplation to build a large central gaol for the long-sentenced

prisoners; the removal of these from his own gaol would of course

remedy the overcrowding, though it would not enable each prisoner to

have a separate cell. In the meantime the evils were very great from a

sanitary as well as from a moral point of view. On one occasion more

than a hundred had died owing to a want of good sanitary arrangements.

Immediate attention to the condition of this gaol appeared therefore

necessary. Considering this as a common gaol without long-sentenced

prisoners, the following points suggested themselves as necessary

to carry out the intentions of government. First, a number of

well-ventilated sleeping cells should be constructed without delay,

so as to enable every prisoner to have a separate cell for sleeping.

Second, a trained and efficient teacher should be engaged to carry

out instruction; arrangements should be made to provide a cheerful

and well-lighted schoolroom. Educated prisoners may be employed as

assistant teachers; these should be specially trained and instructed

by the headmaster in their labour hours so as to provide as efficient

a staff as possible. Third, the mark system and classification should

be carried out. Fourth, prisoners awaiting trial should be kept in

separation, but not under penal condition; the female department should

be completely remodelled under female warders; all the advantages

provided for the men should be given to the women.”

Mr. Routledge, speaking of the Alipore Gaol in Calcutta which he

visited in 1878, says:--

“It contained 2,500 persons when I saw it, and with a few exceptions,

as in the case of those undergoing punishment, all were employed

in remunerative labour. There were masons erecting buildings,

weavers making gunny-bag cloth of jute, a factory of jute-spinners,

lithographers, painters, carpenters, blacksmiths and many other classes

of workmen, all engaged in task work. If they exceeded the task a

small sum was carried to their credit to be paid to them on leaving

gaol. An amusing story was told of a shrewd Yorkshireman who when

sent out to “manage a jute mill” was faced by the reality of some

hundreds of criminals not one of whom knew anything of the work. First

he despaired; then he hoped a little; finally he succeeded and had a

capital jute mill. Dr. Faucus, the governor of the prison, told me that

the men they sent out with trades hardly ever had returned; and there

was an instance of a man whose time had expired begging permission to

remain a little longer in gaol to more completely learn his trade. It

was to my view a humane and judicious system.

“Eighteen months later I visited the Presidency Gaol in Calcutta, and

the governor, Dr. Mackenzie, kindly showed me the wonders of the place.

We saw in the yard, ‘a mild Bengalee,’ whom flogging, short diet and

even the dreaded solitary confinement had failed to compel to work.

‘He is one of the few prisoners who ever beat me,’ the governor said.

A hundred or so of the prisoners were breaking stones; some were on

the tread-mill, a frightful punishment under such a sun; some were

mat-making, on very heavy looms. We came to a separate cell, the inmate

of which was a loose-jointed, misshapen, weak-looking, thin-faced

native man, apparently about twenty-five years of age, though he

might, for anything one could judge, have been any age from eighteen

to forty. ‘That,’ said the governor, ‘was one of the most daring and

relentless Dacoits we have ever had.’ In a cell a few yards distant,

there was a grave and venerable looking old man who had attained the

very highest grade in a different profession--that of a forger. He had

been convicted in attempting to obtain money from an officer--I think

the head of the police--by means of a letter purporting to be written

by Mr. Reilly, the well-known detective. The forgery was perfect, and

no one would have disputed the letter but for one small mistake; the

two initial letters of Mr. Reilly’s Christian name were transposed.

This interesting old gentleman when questioned as to the amount of work

he had done, put his hands together and gravely confessed that it was

far short of the task. The governor spoke sternly and threatened short

diet. Evidently the old artist was out of his vocation when attempting

slow, patient work. When the same question was put to the Dacoit he

pleaded pitifully, ‘Only four bags, but I’ll do forty to-morrow.’ Forty

was the number required to be sewed per day.

“There were many wealthy natives among the prisoners; and I was

sorry to find a number of English sailors and soldiers committed for

deserting regiments or ships. It was impossible to look upon them as

criminals. They were kept apart from the other prisoners. Some of

them were very fine fellows, who probably never were in prison before

nor would be again. Another class was that of the vagrants, termed

‘loafers.’ There were some very respectable looking men among them,

‘turned away from the railways,’ they said, or ‘brought from Australia

in charge of horses and then dismissed’--the most prolific source of

‘loaferism’ in India.

“Six young native boys were separated from the rest. They had their

own yard and each a little garden and a division of work. One was

cook, another housemaid, and so on. They were drawn up in line and

questioned, the cook first.

“‘What are you here for?’

“‘Murder; I struck another boy on the head and killed him.’

“‘And you?’

“‘Murder; I threw a child into a well.’

“The answers were given as if they had related to common matters.

We went no further in the list. An Indian prison is marvellous for

its mixture of races. The Hindu cannot eat with the Mussulman. To

step inside a cookhouse is to defile it even for prisoners. Yet even

Brahmins, old offenders, had been known to beg for the office of

_mehtars_ (sweepers, lowest menials), so great was their dread of the

hard labour.

“What were called the ‘non-habituals’ were employed as at Alipore and

taught trades where necessary. I noticed particularly an intelligent

Chinaman busy at the lathe. I said, ‘He never gave you any trouble?’

‘No; he was entrapped into a robbery, caught and convicted, and he

immediately made the best of his position. He is a quiet, respectful,

intelligent man.’ He spoke English like an Englishman. There were

several Chinamen in the prison and all of the same class. We came to a

long line of men, seated on the ground, engaged in hand spinning; the

fourth from one end was old Ameer Khan, the Wahabee. He was a tall man,

I should say nearly seventy years of age, stout, with flabby cheeks, a

rather fine forehead and an extraordinarily furtive eye.”

The trial of Ameer Khan, the Wahabee, caused a great sensation in the

Indian law courts in the year 1870. The Wahabees were a sect founded by

a young Arab pilgrim of Damascus, named Abd-el Wahab, who endeavoured

to reform the Mohammedan faith by denouncing the corruptions that

had crept in and by calling upon Mussulmans to “return to their

primitive church with its simplicity of manners and purity of morals.”

The movement spread into India, where it gained great success with

the Sunnis, themselves puritans, but it was fiercely hated by the

Mohammedans, who had deteriorated greatly under the English rule, and

there was great danger of an insurrection. In 1858 Sir Sydney Cotton

had stormed the stronghold of the Wahabees at Sittana and razed the

villages of their allies to the ground. In 1869 the government received

information that the Wahabees had issued a propaganda from Sittana

and Patna which was to be spread throughout India, and again found it

necessary to take steps to suppress the Wahabees. Among others, Ameer

Khan, a Mussulman banker and money lender of Calcutta, was suddenly

arrested in July, 1869, on no stated charge. He applied for a writ

of habeas corpus, but was refused. He appealed to the Supreme Court,

and then began the famous trial which lasted six months. In December

Ameer Khan was released from Alipore gaol, but he was immediately

rearrested, as it had been discovered that he had been apprehended

by a warrant about which there was some question. He was then tried

before a civilian judge at Patna, where the offences were alleged to

have been committed, and was sentenced to imprisonment for life. He was

found guilty of acting as agent and supplying money for the Wahabee

propaganda.

The religious tenets of the Wahabees are still professed by many of

the Arabs and are admitted to be orthodox by the most learned of the

_‘ulamas_ of Egypt. The Wahabees are merely reformers, who believe all

the fundamental points of El-Islam and all the accessory doctrines

of the Koran and the “Traditions of the Prophets;” in short, their

tenets are those of the primitive Moslems. They disapprove of gorgeous

sepulchres and domes erected over tombs; such they invariably destroy

when in power. They also condemn as idolaters those who pay peculiar

veneration to deceased saints; and even declare all other Moslems to

be heretics for the extravagant respect which they pay to the prophet.

They forbid the wearing of silk, gold ornaments and all costly apparel,

and also the practice of smoking tobacco. For the want of this last

luxury they console themselves in some degree by an immoderate use of

coffee. There are many learned men among them, and they have collected

many valuable books, chiefly historical, from various parts of Arabia

and from Egypt.

The Montgomery gaol in the Punjab, one of the largest in India,

was recently visited by Captain Buck of the Indian army, and his

description of the details of prison life there is exceedingly

interesting.

Attached to the gateway are not only the prison offices, barracks for

the warders and an armory, but a queer looking room where well-behaved

prisoners may receive friends once in three months. The room is divided

by bars into three parts. In the portion at one end the prisoner

squats, his visitor stays in the part at the other end and a gaoler

or assistant sits in the middle space, where he can make sure that no

smuggling goes on or that no attempts at escape are made.

The prisoners become very clever and use all sorts of devices to

smuggle in coins, tobacco, opium and other drugs and dice. They are

allowed to wear their own shoes, but these are examined very carefully,

for the soles are frequently found to be made of tobacco, four-anna

pieces and other things than leather. “A common dodge,” says Captain

Buck, “among the prisoners for concealing coins and other small things

is to make a receptacle in the throat by means of a leaden weight about

the diameter of a florin and half an inch thick; this is attached to a

string some six inches long, a knot in the end being slipped between

two teeth to prevent it sliding down the throat. By holding the head in

a particular position for some time every day, ‘waggling’ the weight

about, and from time to time altering the length of the string, a pouch

can be formed in the throat suitable for holding as many as fifteen

rupees. The possessor of this strange ‘safe’ is able to put in and take

out his treasure with facility, but it is exceedingly difficult to

make a man disgorge the contents against his will, or even to find out

whether he possesses the pouch at all without the use of the Röntgen

rays.”

The Montgomery gaol is as large as a small town, and contains two great

enclosures surrounded by a high outside wall, three spaces at the back

for work shops, a separate yard for the female ward and such other

buildings as storehouses, pumping stations and granaries. All of the

buildings are constructed of burnt brick, but the walls are made of

sun-dried brick and are kept in repair and plastered by gaol labour.

The menial work is performed by the prisoners, and caste prejudices

have been consulted in apportioning this work to the different classes

of prisoners. The lower castes do scavengering and general cleaning,

while the dyer, washerman, barber, tailor, blacksmith and weaver are

all, as far as possible, employed at their respective professions.

Other prisoners who have worked at trades which the gaol does not

afford are given work in the factories.

The factories are the most interesting part of the gaol at Montgomery.

Carpets are made in many beautiful patterns. A carpet over fifty feet

wide can be woven on the largest loom, and it is an interesting sight

to see a row of twenty-five men engaged in pulling the threads from

the many coloured balls of wool above their heads, slipping them into

place and with a small curved knife cutting off the ends, pressing

down the stitches with a wooden fork, and never making a mistake. The

pattern is read out by convicts stationed behind a loom, sometimes

from patterns, sometimes from books and often from memory. To the

uninitiated these instructions are incomprehensible, for there is such

a confusion of sounds that it is difficult to distinguish any one

voice. The marvel of it is how each man knows what colours to use and

where. Somehow or other, in spite of all the noise and confusion, dust

and glare, these lovely carpets are produced. The ordinary woollen

carpet costs from sixteen to twenty-four shillings a square yard,

according to the number of stitches to the inch, but the prices range

higher for specially selected wool, while the price of a silk carpet is

almost a small fortune.

Another part of the factory contains the cloth looms. The weavers

rig up their looms in the same manner as they would in their native

villages, and consequently the yard appears to be in considerable

disorder; “each weaver sits at his own little loom with his legs in

a hole in the ground and flashes the spindle backwards and forwards,

seldom wasting his time for fear he may not finish his day’s job, and

thus lose marks or fail to gain any. One man, in training, has to

complete nine yards of the duster-cloth, three-quarters of a yard wide,

in a day; fifteen yards of blanketing four feet, eight inches wide, is

another task; while a man working on a carpet, ‘_munj_-mat,’ or cotton

mat, has to work on a width of two feet and complete four inches,

twelve feet and two feet respectively in one day.” If a prisoner is

able to do extra work he obtains marks and gains some remission from

his sentence.

The dormitories contain curious looking long rooms with passages down

the middle and on each side rows of couches made of hard baked mud. The

prisoners are provided with blankets and mattresses made of rice straw,

and they can be fairly comfortable. Even beds made out of such material

have been diverted to other uses by the ingenious inmates. A convict is

said to have made a pipe out of his bed. By hollowing out a place near

the head of the bed and plastering it over, he made two holes, one to

hold the tobacco and ashes, and the other to serve as a mouthpiece.

As an additional precautionary measure to prevent plague from entering

the gaol, every prisoner who catches a rat and produces it alive is

given a reward of ten marks. This is a distinct gain toward a shorter

sentence, for twenty-four marks means one day’s remission. It has

been surmised, as the rats are very numerous in the gaol in spite

of wire netting everywhere placed to keep them out, that either the

warders arrange to bring them in or the prisoners maintain reserves for

breeding purposes.

The cook-house is in the yard where the men are paraded. Two meals are

served daily, one at 7.30 A. M. and the other after 5 P. M., but in

addition a little parched boiled _gram_ is given to each convict in

the middle of the day, when there is a short recess from work. Besides

the large _chupattis_, made of wheat and Indian corn, a few ounces of

_dal_ are served in the morning, and vegetables with condiments in the

evening. All the vegetables and condiments are produced by the convicts

in the large garden attached to the gaol.

It is said that no convict has ever gotten away altogether, but that

those who manage to escape occasionally are always recaptured. As

the gaol is situated in a large desert, tracking the runaways is

comparatively easy. On one occasion, a man was apparently missing

at evening roll-call. For considerable time his identity could not

be ascertained, but after a thorough search and re-checking, it was

remembered that a murderer had been hanged that day, and the officials

had failed to strike his name from the roll.

The hospital is exceedingly clean and well kept. The routine of the

gaol generally runs smoothly, and the character of the treatment and

discipline in this typical prison of India will bear comparison with

that in many institutions of a like kind at home and abroad.

Some of the local gaols in India are worth a passing mention. A good

specimen was that of Sirsah on the confines of the Bikaneer desert.

Colonel Hervey visited it and speaks of it as a model gaol. He says,

“Its lofty walls are shielded by a covered way running round its top.

It has an outer and an inner ditch at the foot of the walls, and

upward-sloping towers at its four corners, resembling the castles of

a chess-board. The prisoners in it were warmly clothed and looked

sleek, and being told off to healthful although hard labour, they ate

with eagerness their diet of curried meat, curried _shorwah_, or soup,

and wheaten cakes. This was served out to them plentifully while I

was there. They sat down on the ground in lines without reference to

castes, and all promiscuously partook of the food set before them. I

was astonished at this, for there is generally so much difficulty in

the matter of food, owing to caste prejudices.”

Another interesting native gaol is that of Orissa, visited by Sir

William Hunter in 1872. He says: “It consisted of a courtyard with

low thatched sheds running round three sides and the guard-house on

the fourth. The shed roofs came so low that a child might have jumped

on to them and thus got over the wall. When the guard turned out,

moreover, we found it to consist of two very old men; and the Maharaja

was rather displeased to find that one of them had his matchlock under

repair at the blacksmith’s, while the other had left his weapon in his

own village, ten miles off, to protect his family during his period of

service at court. Inside were sixty-nine prisoners, and I asked how it

came that they did not, under the circumstances, all jump over the

wall? The question seemed to strike the Maharaja as a particularly

foolish one. ‘Where could they go?’ he said. ‘On the rare occasion that

a prisoner breaks gaol, it is only to pay a visit to his family; and

the villagers, as in duty bound, return him within a few days.’ The

truth is that the family instinct is still so strong in the tributary

states that imprisonment, or even death itself, seems infinitely

preferable to running away from kindred and home. There were no female

prisoners, and the Maharaja stated that crime among women had not yet

penetrated his country.

“I found the gang divided into two sections, each of which had a shed

to itself on the opposite sides of the court, the shed of the third

side being set apart for cooking. The one shed was monopolised by ten

men whose light complexion declared them to belong to the trading class

and who lolled at great ease and in good clothes in their prison house.

In the other shed the remaining fifty-nine were crowded, packed as

closely as sardines and with no other clothing except a narrow strip

round their waist. On expressing my surprise at this unequal treatment

and asking whether the ten gentlemen who took their ease were confined

for lighter crimes, the Maharaja explained: ‘On the contrary, these

ten men are the plagues of the state. They consist of fraudulent

shop-keepers who receive stolen goods, and notorious bad characters

who organise robberies. The other fifty-nine are poor Pans and other

jungle people imprisoned for petty theft, or as the tools of the ten

prisoners on the opposite side. But then the ten are respectable men

and of good caste, while the fifty-nine are mere woodmen; and it is

only proper to maintain God’s distinction of caste.’ All the prisoners

were in irons except one, a lame man, whose fetters had been struck

off on the report of the native doctor. They looked very fat and

comfortable, as indeed they well might considering that the sixty-nine

prisoners have an allowance of a hundred pounds of rice per diem, with

goat’s flesh once a fortnight, fish twice a month, besides the little

daily allowance of split peas and spices to season their food. It did

not seem to have occurred to any of them to feel in the least ashamed

on account of being in gaol. One of them had been imprisoned twice

before, and on my asking him what his trade was he explained that the

younger brothers of his family were husbandmen, but that for his part

he nourished his stomach by thieving.”

No European country can show anything like the immunity from crime

which the worst district in Orissa enjoys. In Balasor, the proportion

of persons in gaol is one to every 3,375 of the population, or one

female to every 121,278 of the population. Puri district, however, the

seat of the so-called “abominations of Jagannath,” would blush to own

such an overwhelming criminal population. Including both the central

and the subdivisional gaols, the proportion is one criminal always in

prison to every six thousand of the population and one woman to every

hundred thousand.

The gaol is a great institution in Indian and Burmese stations. Your

_syce_ breaks the shaft of your dogcart; send it round to the gaol to

be repaired. New matting is wanted for the veranda; you can get it in

the gaol. You want a piece of furniture; whether it be a wardrobe or

a whist table, you will find what you require in the gaol workshop,

and if there does not happen to be one ready, you can order it to be

made. They take a longer time to do it than free artisans, but you can

depend upon sound material, good workmanship and reasonable prices; so

the gaol industries flourish and the cost of supporting the criminal

classes falls with comparative lightness upon taxpayers.

Oriental Prisons Prisons and Crime in India, the Andaman Islands, Burmah, China, Japan, Egypt, Turkey · 第 1 / 11 章