CHAPTER X

THE PENITENTIARY IMPUGNED

Charges of harshness and cruelty—Parliamentary enquiry—Charges

entirely disproved—Increased efforts at reform by segregating

prisoners—Their improved demeanour—Prison very quiet—Cases of weakened

intellect and insanity—Rules relaxed and contemplated change in the

penitentiary system—Millbank a failure—New uses devised for the

prison—Becomes part of the new scheme for transportation.

WHILE the criminals of the period were passing in and out of Millbank,

and Mr. Nihil, backed up by his committee, was working indefatigably

and with the best intentions, the credit of the establishment was

suddenly impugned in no measured terms. It was doubtful indeed

whether the ship could weather the storm of invective that broke upon

it. Had the managers of Millbank been ogres instead of painstaking

philanthropists working for the public good, they could not have

been more rancorously assailed. But here was a case where the people

suffered because their rulers squabbled. It was a period when party

warfare ran high and the Opposition hailed eagerly any opportunity

of bringing discredit upon the Ministry. The attack made upon the

Penitentiary was really directed against the Government.

On the 26th February, 1838, a noble lord rose in his place to call

the attention of the House of Lords to a grave failure in the

administration of criminal justice. “All London, the whole country,

was ringing with it,” said another noble lord. “It has been a topic

of universal reprobation co-extensive with the hourly increasing

sphere in which it has been known. All Westminster has talked of it,

all Middlesex has turned its eyes to the quarter in which the abuse

occurred. I will venture to say,” continued his lordship, “that it has

been more talked of, more discussed, more indignantly commented upon

in every corner of this great town and of this populous country, than

any one subject either in or out of Parliament, or in any one of the

courts of justice, civil or criminal.” It appeared that in Millbank, a

prison exempt from the general jurisdiction of the county magistrates,

and governed only by the Home Secretary, there had occurred five cases

of unwarranted harshness and cruelty. Three little girls and two fine

young men had been completely broken down by the system of solitary

confinement therein practised. The children were mere infants: one, as

it was alleged, was little more than seven years old; the other two

were eight and ten respectively. Yet at this tender age they had been

cut off entirely from the consoling influences of home and the kindly

intercourse of relatives and companions, to be immured in solitary

wretchedness for nearly thirteen consecutive months. So bitterly did

these little ones lament the loneliness of their lengthened seclusion,

that one asked piteously for a doll to keep her company, and all three

were found at different times sleeping with their bedclothes twisted to

simulate a baby, so earnestly did they yearn for something like ideal

society in their dreary confinement. More than this: the punishment of

continued solitude had produced in them a marked infirmity of mind,

manifested by great impediment of speech, and general difficulty in the

expression of ideas. A gentleman, one of the Middlesex magistrates,

who had visited the Penitentiary, described the effect upon their

speech such as to render their voices “feeble, low, and inarticulate—to

produce a kind of inward speaking, visible to and palpable to every

one who heard them.” So much for the children. As for the young men,

one of them, who had previously been remarkable for great activity

and intelligence, came out in a state of idiocy, and was afterwards

retained as an idiot in St. Marylebone workhouse, reduced to such a

state of utter and helpless imbecility as to be incapable of being

employed even in breaking stones. The other was similarly affected.

And yet all this was contrary to law. Here were prisoners subjected

to uninterrupted solitary confinement for twelve and thirteen months,

when by a recent Act it was expressly ordered that no such punishment

should last for more than one month at a time, and never for more

than three months in the year. Circumstances very disgraceful beyond

doubt, if the charge were only proved, and entailing a weight of awful

responsibility on those who were accountable to the public.

As the attack was made without a word of warning, Lord Melbourne, at

that time the head of the Government, was unable to defend himself. All

he could urge was that the House should reserve its opinion until upon

a close investigation the grievances and evils alleged should be proved

to exist. He felt certain that the whole statement was exaggerated and

over-coloured; of this he had, indeed, no doubt, but he must claim a

little time before he made a specific reply.

The next night he stated that full inquiry had been made. In the first

place the ages of the children had been understated. Each of them was

at least ten years old. But this was not a point of any very material

importance. They were all three very profligate children. One of the

worst signs of the day was the great increase of crimes committed by

children of tender age. The principal cause of this was, no doubt, the

wickedness of parents, who made their children the instruments for

carrying out their own evil designs. In the present instance the three

girls had been guilty of theft and sentenced to transportation, but

they were recommended for the Penitentiary solely to remove them for a

lengthened period from the influence of their parents, and to give the

Government an opportunity of effecting a reform in their character and

conduct. The only place suitable for such an attempt was the Millbank

Penitentiary, and to this they were removed. This establishment was

governed by rules laid down by the Lords’ Committee of 1835, and,

therefore, if undue severity had been practised, it must have been in

defiance of those very rules. But it was quite untrue that any of these

prisoners had been subjected to protracted solitary confinement. There

was no such thing in the Penitentiary except for prison offences, and

then only for short periods. Separate confinement there certainly was,

but solitary confinement—complete seclusion, that is to say, without

being seen, without going out to public worship—as a general practice

was practically unknown in the establishment.

“These children took exercise regularly twice a day, for half an

hour at a time, in company with other prisoners of their ward; they

had school also together twice a week; went to chapel on Sunday; and

were regularly visited by benevolent Christian ladies (Mrs. Fry and

her associates), who spent long hours in their cells. Surely their

condition was not one of great hardship!

“The young men, Welsh and Ray, were notorious rogues, who had also been

sent to the Penitentiary to effect, if possible, some reformation in

their ill-conducted and irregular lives. Their behaviour had been very

rebellious and disorderly, but though they had been frequently punished

they had left the Penitentiary at the expiration of their terms

of imprisonment in perfect health and full possession of all their

faculties.”

The Opposition laughed at the explanation. Not solitary

confinement—what was it then? The children went out to exercise. Yes;

but they were not allowed to communicate or talk to one another. They

went to church, and to school, but only for a few hours together in

the week, and for the rest of the time they were shut up in their

cells alone, utterly alone. Was not this solitary confinement? Were

these accusations all unfounded then? Had they been disproved? Let the

Government wait till a committee of the House had been appointed to

inquire and had reported upon the whole case.

A committee met, took evidence, and at the end of a month sent in their

report. It was quite conclusive. The whole of the charges necessarily

fell at once to the ground. “On the whole,” they stated, in summing

up, “the committee think it due to the officers of the Penitentiary to

state, that all the convicts have been treated with all the leniency,

and—in the case of the female children particularly—with all the

attention to their moral improvement that was consistent with the rules

laid down for the government of the Penitentiary.” The children had

come in dirty, ignorant, and in ill health; they were now cleanly, had

learned to read, could make shirts, and were all quite well and strong.

Nothing was wrong with their voices: one could shout as loud as any

girl of her age, but she was shy before strangers; the second led the

singing of the hymns in her ward, though her voice was only of ordinary

power, and had been even husky from the time of her reception; the

third usually spoke from choice in a low tone, but she had been heard

to shout often enough to other prisoners. It was quite evident, then,

that in these three cases, not only had the cruelty been distinctly

disproved, but it was equally clear that their imprisonment in the

Penitentiary had been a positive benefit to the children in question.

Nor was the charge a bit better substantiated in the case of the two

“fine young men.” Both of them had been cast for death at the Old

Bailey, which was commuted afterwards to one year in the Penitentiary.

One, Welsh, was a good-for-nothing vagrant, who had spent most of

the seventeen years he had lived inside the Marylebone workhouse,

and to this he had returned on his release from Millbank. He was a

clever but unruly prisoner; he could read and write well, and his

faculties had been sharpened rather than impaired by his residence

in prison. The master of the Marylebone workhouse was decidedly of

opinion that he had improved much; he was more civil now than before,

and he was greatly grown. Welsh said himself he had no fault to find

with the Penitentiary; in fact, he was quite ready to go back to it,

if they would only take him in. But this Welsh was in the habit of

counterfeiting idiocy, either to procure some extra indulgences, or to

amuse himself and others, and he played the part so well that many who

saw him were deceived.

William Ray, the other “victim,” was older, having reached his

twenty-fifth year. He also had passed the greater part of his life in

the Marylebone workhouse; but he had enlisted twice into the army, and

had gone with Sir de Lacy Evans to Spain. He had been discharged for

incompetence, and it was perfectly clear from the evidence taken, that

he was a person of very weak intellect long before he became an inmate

of the prison: he had a vacant countenance, a silly laugh, and a habit

of blinking his eyes and tossing his head about. Still he perfectly

understood what he was ordered to do. He had become a good tailor, and

had improved in reading.

Thus all the charges were disposed of, and the system in force having

been held blameless, it might fairly be continued without change. The

system then was as follows: The prisoners slept in separate cells

which opened into a common passage, and at the centre of the passage

was the warder’s bedroom. The cells were ten feet by seven, and had a

partition wall between them fourteen inches thick. The entrance to each

cell had two doors—one of open iron work, the other of wood. At the

first bell, every morning about daylight, the prisoners were let out

to wash, about six or eight at a time; and they then returned to their

cells for the rest of the day, except during their two hours’ exercise,

and twice a week when they attended chapel and school. Their meals

were brought to them in their cells by other prisoners let out for

the purpose. The chaplain, assistant chaplain, and schoolmaster were

continually visiting them. All day long the wooden door of the cell

remained wide open, and there were plenty of opportunities of talking

to their neighbours through the gate of iron grating, where even a

whisper could be heard. They were always talking—at washing time, at

exercise, even when in their cells with both doors locked and bolted.

Now this was manifestly not solitary confinement. Nay, more, it was not

even separate confinement. But yet, without the latter, without perfect

isolation and the prevention of all intercourse and intercommunication,

it was felt by Mr. Nihil that his efforts to reform his prisoners were

vain. Whatever good his counsels might accomplish was immediately

counteracted by the vicious converse that still went on in spite of

all attempts to check it. It was found that extensive communications

were carried on; that prisoners learned each other’s histories, formed

friendships and enmities, and contrived in many ways to do each other

harm. Unless this were ended all hope of permanent cure was out of

the question. Mr. Nihil says, in 1838, that he is in great hope that

by the thorough separation of the prisoners, important advantages in

respect to the efficiency of imprisonment and the reformation of the

convicts would ensue. “The more perfect isolation of the prisoner by

non-intercourse with fellow-criminals, not only renders the punishment

more effective, but places him in a condition more susceptible to

the good influences with which we seek to visit him—now constantly

frustrated by communication through the wards.”

So eager were the authorities to restrict the means of intercourse,

that they were not above taking the advice of a prisoner on the

subject. His suggestions were such as a prisoner is qualified to give,

being the fruits of experience, and an intimate acquaintance with the

various devices that are practised. If talking was to be prevented, he

said, several new arrangements must be made; thus the officer, when

prisoners were at exercise, instead of standing motionless should walk

on an inner circle, in an opposite direction to the prisoners, so as

to see their faces. The prisoners always talked whenever the officer’s

back was turned. Nor should they be allowed to eat while in the yard:

under the pretence of chewing they really were engaged in conversation.

Again, to put an end to clandestine letters, all the blank pages of

library books should be numbered and frequently examined, so that none

might be abstracted and used as writing paper. Nor should any whiting

be issued to clean the pewters: the prisoners only used it to lay a

thick white coat upon any damped paper, thus making a surface to write

upon. By scraping off the whiting the same paper could be used over

and over again. To make a pencil they scraped their pewter pints, then

with the heat from the tailors’ iron, with which many were supplied,

they ran these scrapings into a mould. Lastly, all searching of cells

and prisoners should be more frequent and complete; care should be

taken in the latter case to examine the cuff and collar of the jacket,

the waistband and the lower part of the legs of the trousers, and the

cap. The bedding in the cells, all cracks in floor or shopboard, and

the battens or little pieces below the tables should be thoroughly

overhauled. With such precautions as these much might be effected;

nevertheless, said the informer, misconduct must always continue, for

prisoners often incurred reports solely to gain the character of heroes.

And so with the new year many further changes were introduced. All

the governor’s recommendations were adopted, and not a few of the

suggestions last quoted, in spite of the source from which they came.

Within a week or two—rather soon, perhaps—the governor considers that

the new discipline works extremely well. Reports diminish, and the

control of officers is more complete. Ill-tempered prisoners evinced

great annoyance at the change; but by meeting this spirit by firmness

and good temper it has, he thinks, been repressed. Three months later

he notices a distinct improvement in behaviour, traceable beyond

question to the new rules. Prisoners formerly constantly reported

are now quite quiet, and in a very good state of mind—tractable,

submissive, and grateful. “Several had learned to read; and many

evinced a softened and subdued tone of feelings, and thanked God they

had been brought to the Penitentiary. Some expressed a grateful sense

of the value of the late regulations. One youth told me that previously

they might almost as well have been in the same room with a crowd....

In Thomas Langdale, a desperate housebreaker and a very depraved man,

the most hopeful change has taken place. He has written a most artless

and interesting letter to his wife.... Some prisoners have acquired a

great mastery over their violent tempers, and look quite cheerful and

happy.... A few only still manifest great discontent.”

All that year the principle has ample trial. In April, 1840, the

governor asserts that in his opinion the state of the prison is highly

satisfactory. The prisoners, as testified by their letters (which were

meant for him to see), were as happy as the day was long. They had

good food, good clothing, and spoke with gratitude of the provision

made for their religious instruction. Moreover, now the reins are as

tight as they can be drawn. “Separation has within the last two years

been much more carried out than formerly, and the effect has been

very materially to reduce offences and punishments, and to promote

reformation,” says Mr. Nihil. His great difficulty now is that he

cannot ventilate the cell without opening the door to communication.

In fact he might seem to wish to seal up his prisoners hermetically;

but he says, “I do not mean to advocate long separation from all social

communication. I should prefer a system of regulated intercourse upon

a plan of classification and superintendence and mutual education,

guarded by occasional separation. What I object to is nominal

separation accompanied with secret fraudulent vicious communication.

Health is certainly a great consideration, but are morals less? Ought

health to be sought by the rash demolition of an important moral fence?

If health is alone to be looked to it would be very easy to suggest

very simple means for keeping the prisoners in general good health;

but then the objects of imprisonment would be altogether frustrated.

Considering these objects indispensable, and that one of them is the

moral reformation of the prisoners, I conceive it would be much better

to leave them to the remedy of opening their cell windows for fresh

air.”

Mr. Nihil’s notions were certainly clearly developed. He was for no

half measures. But in his extreme eagerness to push his theory as far

as it could go, he actually courted disaster. He was apparently blinded

by a misconception of phrases. So long as he steered clear of what

was called solitary confinement he thought he was safe. But he forgot

that the more separation was insisted upon, the more nearly solitude

was approached. In point of fact there was absolutely no distinction

between the separate confinement practised at Millbank, and that

solitary confinement which had already been universally condemned, and

which by law was not to be inflicted except for very limited periods

of time. Naturally the same fatal consequences, the inevitable results

that follow such imprisonment protracted beyond the extreme limit,

began to be plainly visible. Cases of insanity, or weakened intellect

came to light, first in solitary instances, then more and more

frequently. The committee were compelled to run counter to Mr. Nihil,

and relax the rigorous separation from which he hoped to effect so

much. I find in their report for 1841 that they consider it necessary

to make great alterations in the discipline of the institution.

“In consequence of a distressing increase in the number of insane

prisoners, the committee, under sanction of the medical superintendent,

came to the resolution that it would be unsafe to continue a system

of strict separation for the long periods to which the ordinary

sentences of the prisoners in the Penitentiary extend. They therefore

propose that the system should be relaxed with regard to all classes

of prisoners except two; viz., military prisoners whose sentences

were extremely short, and persons convicted of unnatural offences;

and that to all other prisoners the prohibition of intercourse should

be limited to the first three months after their admission, and that

upon the expiration of that period they should be placed upon a system

of modified intercourse.” But they surrendered their views evidently

with the utmost reluctance, and remarked further in this report that

“they are inclined to believe that no scheme of discipline in which

intercourse between prisoners, however modified, forms an essential

part, is ever likely to be made instrumental either to the prevention

of crime or to the personal reformation of convicts to the same degree

as a system of separation. Whether the latter system can be rendered

compatible with the maintenance of the mental sanity of the prisoners

is a subject of much controversy, and can only be determined by actual

experiment, accompanied by such advantages as are proposed in the Model

Prison.”[9]

But it now becomes plainly evident that the waters are beginning to

close over the Penitentiary. There are people outside its walls who are

clearly not its friends, if not openly inimical. Thus dissatisfaction

finds voice in the House of Commons, where, on the 15th March, 1841,

Mr. Alderman Copeland asks for certain information which the prison

authorities must have found it awkward to supply. This return called

for was to show the numbers sent to the Penitentiary during the past

five years; the number removed during that period for insanity, the

number for bad health, and who had died; and it was to be stated how

often the several members of the committee attended during the year.

From different causes, one difficulty added to another, the

Penitentiary was drawing nearer and nearer to its doom. At length its

death-blow fell, accelerated doubtless by the sweeping alterations

contemplated in the whole system of secondary punishments. These

changes, by which also the whole constitution of the Penitentiary was

altered, will be detailed at length in another volume, and the closing

chapter shall be devoted to the last days of old Millbank.

It was on the 5th May, 1843, that Sir James Graham, then Home

Secretary, introduced a Bill for the better regulation of the

Penitentiary. The House must be fully aware, he said, of the Report[10]

in which it was stated that as a _penitentiary_ “Millbank Prison had

been an entire failure.” Its functions, therefore, in that respect were

now to cease. The next thing to be considered was what use might be

made of it, for it was a large building and had many conveniences for

a prison. Just at this moment, however, the Government had determined

to carry out a certain new classification of all convicts sentenced to

transportation. In other words, felons were to suffer this punishment

in different degrees, according to their condition and character.

But to ascertain in which category offenders should be placed a time

of probation and proof was needed, and this period should be passed

at some general depot, where for nine or ten months the character of

each convict might be tested. Millbank was admirably suited for the

purpose. From here, after the necessary interval, the juveniles were to

be sent on to the new prison at Parkhurst, the best and most promising

convicts to Pentonville, the rest to the hulks, but one and all only

_in transitu_ to the antipodes.

Nothing now remained but for the Penitentiary Committee to go through

the ceremony of the happy despatch; for by the new arrangements

the control of the prison was to be vested in a body of government

inspectors, and of a governor acting under them. Under the new system,

the committee states, “there will be a rapid succession of transports

continually passing through the prison; and the shortness of their

confinement, though very desirable on the score of health, will

necessarily militate against any great mental or moral improvement.”

Nothing is intimated as to the nature of the discipline to which

the transports are to be subjected during their detention here. The

committee, however, “are satisfied that a vigorous system will be

found necessary for the maintenance of order among criminals of

so depraved and desperate a character as the male transports are

evidently expected to be. In short, it is obvious that an entirely

new state of things is at hand, one never contemplated by any members

of the committee when they originally consented to act; one moreover

which will require, in their opinion, an active and unremitting

superintendence such as their other avocations render them incapable of

undertaking.” Therefore one and all of them were glad to resign their

functions into other hands. But they “cannot conclude without remarking

that the new system contemplated would never be properly administered

by a clerical governor, even if he considered it consistent with his

sacred functions to undertake such a charge.”

I find in the minutes of the committee on the 9th June, 1843, all

members were requested to attend at their next meeting, which was

probably to be their last.

At the same time they passed votes of thanks also to the

assistant-chaplain, the medical superintendent, the matron,

manufacturers, steward, and officers generally. And from that time

forth Millbank, as a penitentiary, ceased to exist.

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