CHAPTER XIII

BRITISH PRISONS OF TO-DAY

Steady progress toward improved methods--Legislation to secure

uniformity and proper principles of management--First effort to

bring all local jurisdiction into line--Decision that all prisons

must be under state control--Unification of system--Burden borne by

the public exchequer--Remarkable results--Marked diminution in

number of jail inmates--How convict labour has enriched the

nations--Results at Portland, Chatham, Dartmoor--Extension of

output--Chattenden and Borstal.

Forty years have elapsed since England was forced to revise her methods

of penal treatment, and to replace the system of transportation beyond

the seas with home establishments, rather hastily improvised to meet a

sudden demand. Reference has already been made to the institution of

"penal servitude," so-called, the process of expiation to which

condemned felons were subjected in the newly devised state prisons. The

flaws and failures that became prominent in the earlier phases of the

system have also been touched upon, as well as the salutary changes

introduced from time to time by the legislature. Year after year

steadfast and consistent efforts have been made to improve and develop,

to remove blots in administration, to remedy shortcomings; to reform

offenders, while obliging them to labour to recoup expenditure and to

secure thereby some restitution from them. A brief survey will show the

existing conditions of the British penal system of to-day.

The chief reason of the merit of the British system is, that it is the

growth of time, the product of experience. In the many changes

introduced in this century, the great aim and object has been

progressive improvement. The movement has all been forward. There has

been no slackness in correcting errors and remedying abuses since John

Howard struck the key-note of indignant protest. Reform may not always

have gone hand in hand with suggestion, but that has been because of the

quasi-independence of the prison jurisdictions. British prisons in the

eighteenth and nineteenth centuries were largely controlled by local

authorities upon no very uniform or effective principles, although act

after act of Parliament was passed for the purpose of betterment. In

1823 and 1824 two acts first laid down the rule that health, moral

improvement and regular labour were as important objects in prison

maintenance as safe custody. At the same time, some attempt at

classification was made, and it was ordered, for the first time, that

female prisoners should be controlled only by female officers. In 1835 a

fresh act insisted that all prison rules should be subjected to the

approval of the Secretary of State; a proper dietary was made

essential, without the "stimulating luxury" of tobacco. Classification,

too, was again tried, but without good results, and the rule of

separation at all times except during divine service, labour or

instruction, was gradually adopted in theory and practice. Inspectors of

prisons were appointed to exact obedience to the new laws. In 1839, an

act permitted, but did not actually order, the confinement of each

prisoner in a separate cell. The dimensions of these cells were

stipulated, and it was insisted that they should be certified as fit for

occupation. A surveyor-general of prisons was also appointed to assist

and advise the Secretary of State as to prison construction.

The first substantial progress was made in the building of Pentonville,

a prison which has served as a model for all prisons. Although copied in

a measure from the old Roman monastery prison of San Michele, and

following in design the famous Cherry Hill Penitentiary of Philadelphia,

Pentonville was really a type in itself, and embraced so many

excellences that it has never yet been greatly improved upon. In the six

years following the establishment of Pentonville, fifty-four new prisons

were built in England, providing cells for eleven thousand prisoners;

but in 1850 a select committee of the House of Commons reported that

several prisons were still in a very unsatisfactory condition, and that

proper punishment, separation, or reformation in them was impossible.

Parliament even then was strongly urged to entrust the supreme control

of all prisons to one central authority, wholesome advice which was not

accepted for nearly thirty years. But, although convicts sentenced to

longer terms, which were usually carried out beyond the seas in the

manner described in the earlier chapters, obtained much attention, the

successive recommendations to improve the small outlying gaols, for

short terms, were very imperfectly adopted.

The next great step was the Prison Act of 1865, which grew out of the

report from a committee of the House of Lords, and which strongly

condemned the lack of uniformity in the prison buildings, and in the

punishments inflicted. Many of the practices which still prevailed even

at that late date (1865) were really a disgrace to our civilisation. In

some of the prisons the inmates lay two in a bed in dormitories without

light, ventilation or control. Warders were afraid to enter them after

dark. There was no uniformity in labour, or in the hours in which it was

performed. In one prison the inmates lay in bed for fifteen hours daily.

One of these gaols, which existed until the passing of the Act of 1865,

and which was situated in the heart of a densely populated seaport town,

has been described by its last governor. It was an ancient edifice,

consisting of four parallel two-storied blocks. The lower story opened

on a corridor, the windows of which were unglazed and communicated with

the outer air. Above each cell door was a barred opening without glass,

which served as a ventilator. In wet weather the rain poured into the

passage; in a snow storm the snow flakes drifted through the

cell-ventilators upon the bed which was just beneath, and which was

often covered in the morning with snow an inch or two deep. There was no

heating apparatus, and the place was desperately cold in winter. On the

first floor there were a number of larger cells in which as many as

seven prisoners were associated together, day and night, so crowded that

the beds were stowed upon the floor, while hammocks were also stretched

across them above. Sunday was the worst day of the week in this horrible

old prison. After morning service, the prisoners took their dinners with

them to their cells and were then and there locked up till the following

morning. No one could get out, even if he were dying; there was no

communication with officers or others outside. Here, in an atmosphere

laden with fetid exhalations, amid filth of all kinds, the wretched

prisoners were imprisoned for eighteen consecutive hours. These modern

"black holes" were far worse than that of Calcutta in that their

unfortunate inmates had daylight in which to observe with loathing and

disgust the indecencies which surrounded them. Nor was it only in the

accommodation provided that these poor creatures suffered. They were

continually ill-used by their warders, who harassed and harried them at

every turn. Each officer had a prisoner to wait upon him as a personal

attendant, called his "lackey," who was always at his heels serving him

hand and foot, and performing every menial office except that of

carrying his keys. The outgoing governor who escorted his successor (my

informant) around the gaol was imbued with the same brutal, reckless

spirit, which he displayed by rushing into a cell, seizing a youthful

prisoner by the shoulders, and shaking him violently, after which he

threw him roughly upon the ground with the brief explanation, "You've

got to show them you're master sometimes." The boy had not been guilty

of any misconduct whatever.

In this gaol, all kinds of work was performed for the private benefit of

the officers, a practice very generally prevalent in the gaols until a

much later date. It was of the governor's perquisites to employ

prisoners for his own behoof. There was jubilation in his family when a

clever tailor or seamstress "came in;" new suits were at once cut out

and made for the governor, his wife or his children. His house was

fitted and half furnished by prisoners; they made arm-chairs,

picture-frames, boot-racks. In one prison I heard of an excellent

carriage constructed by a clever coach-builder who had gotten into

trouble, and whose forfeited hours were thus utilised for the governor

and not for the taxpayers. In another gaol an unexpected inspection

revealed the mouth of a mysterious pipe leading from the kitchen, which

when followed to its outlet was found to convey the grease and

scourings straight to a flower bed in the governor's garden.

This deplorable state of affairs continued without change long after

1865. Twelve years later the uniformity sought by the act of that year

had not been secured. Justices had not in every case realised their

duties and responsibilities. Many prisons remained defective. All

differed in their treatment of prisoners, and the criminal classes were

themselves aware of the differences. It was a common practice for

intending offenders to avoid a locality where the gaol discipline was

severe. To secure the same measure of punishment in each institution was

all the more important since criminals had learned to avail themselves

of the many modern facilities for travelling from place to place, and

crime was no longer localised. The same reason added another argument in

favour of making the support of prisons an imperial rather than a local

charge. It was a little unfair, too, that a district which had already

suffered by the depredations of an evil-doer should bear the heaviest

part of the expense of his correction. With these, there was a still

stronger reason for concentration. Some relief of local taxation was

earnestly desired, and the assumption by the public exchequer of prison

expenditure seemed to promise this in an easy and substantial way, more

particularly as the transfer of control would be accompanied by a

revision of the means, and followed by a diminution in the number of

prisons required. Such arguments fully justified Mr. (afterward

Viscount) Cross in introducing the measure known as the Prison Act of

1877, which was passed that year, and contemplated great changes in the

system as it then was; the first and chief being the transfer and

control of all local prisons to a board of commissioners acting for the

state.

All these have now taken effect, and after a test of twenty years may

fairly be judged by the results achieved. Certainly the uniformity

desired has at last been attained. Every prisoner now finds exactly the

same treatment, according to his class and sentence, from Land's End to

the Orkney Isles. Whether only an accused person, a debtor,

misdemeanant, or condemned felon, he is kept strictly apart, occupying a

cell to himself, the dimensions of which assure him a minimum

air-content of 800 cubic feet, and which has been duly certified by one

of the government prison inspectors as fit for his occupation, being

lighted, heated, ventilated, and provided with bell communications,

which are electric in some of the new prisons. From the moment he passes

into the prison until he again finds himself on the right side of the

gate, he is under exactly the same discipline, whether he is in the gaol

of Bodmin, Newcastle, Norwich, Liverpool or Carlisle. Everywhere his

bath awaits him; his prison clothing, if he is convicted, is furnished

him; his first and every succeeding meal is based upon a dietary framed

by medical experts after the most mature deliberation. His day's task is

fixed. If he is able-bodied, he must do six hours at more or less severe

labour, breaking stones, making cocoa mats with a heavy beater, making

sacks, digging, pumping, and so forth. This, the most irksome phase of

his prison life, continues for one month, or more exactly, until he has

earned 224 marks in the first series of the progressive stages which

have been ingeniously adopted to secure industry and good conduct. Every

prisoner holds in his own hands the ability to modify the penal

character of his imprisonment, and by the exercise of these two

qualities may gradually earn privileges and improve his position.

Whatever the cause--and it is easier to state the effect than apportion

it among the causes that have produced it, there has been a steady

diminution in the numbers sentenced to imprisonment, as compared with

increased population in the years succeeding 1878, when the new system

came into force. In that year the population of England and Wales stood

at twenty-five millions and 10,218 was the number imprisoned of both

sexes. In 1904 the general population was 33,763,468, while no more than

seventy-nine hundred were imprisoned. And during the intervening years

there has been a continuous falling off in the number of imprisonments.

"It certainly seems justifiable to infer from these figures that our

penal reformatory system has been made effective," says Du Cane, in his

"Punishment and Prevention of Crime;" "and the remarkably steady and

sustained decrease ... must be considered to show that recent

legislation, with which it so remarkably coincides in point of time, has

in principle and execution not only completely succeeded in promoting

uniformity, economy, and improved administration, but also in that which

is the main purpose of all--the repression of crime." The decrease is

even more remarkable in the convict prisons, those which receive the

more serious offenders, sentenced to penal servitude.

The convict population of Great Britain is now just about half what it

was some five and twenty years ago. Going back to 1828, when the

population of the country was barely fifteen millions, there were in

all,--in the penal colonies at the Antipodes, at Gibraltar and Bermuda,

the Hulks at home and the Millbank Penitentiary, just fifty thousand

convicts, or ten times what the total is to-day with a population of

nearly thirty millions. Carrying the comparison a little further, there

were 3,611 sentenced to transportation in 1836; in 1846, 3,157; in 1856,

2,715; in 1866, 2,016 (combined with penal servitude); in 1876, 1,753 to

penal servitude alone; in 1886, 910. In 1891 only 751 imprisonments are

recorded. This progressive decrease is doubtless largely due to the

growth of that more humane spirit which has in recent years mitigated

the severity of punishment, and which prompts the judges to avoid the

heavier penalties, as is shown, for instance, by the fact that in 1836

there were 740 life sentences, while in 1891 there were only four. It

may be attributed also to the admitted punitive efficacy of penal

servitude. That it is sufficient to visit even serious offences with

shorter terms, a practice much facilitated by the recent reduction of

the minimum period from five to three years, is amply shown by the

record.

A few words must be devoted to the work of the convicts in the great

British prisons. At Portland, during the years from 1848 to 1871 the

convicts quarried no fewer than 5,803,623 tons of stone, all of which

was utilised in the now famous breakwater, a stone dam in the sea nearly

two miles in length and running into water fifty or sixty feet deep. The

now presumably impregnable defences of the island, Portland Bill, the

great works on the Verne, the barracks, batteries and casemates, were

executed by convicts, who, as these works progressed, performed all the

subsidiary services of carpentering, plate-laying, forging, and casting

the ironwork. The enlargement of Chatham dockyard, a great feat of

engineering skill, begun in 1856, was accomplished by convict labour.

The site of St. Mary's Island, a waste of treacherous shore so nearly

submerged by the tide that the few sheep that inhabited it were to be

seen daily huddled together at the topmost point at high water, is now

occupied by three magnificent basins capable of floating almost the

entire British fleet. In fourteen years the convicts made one hundred

and two million bricks for the retaining walls of these basins and

excavated all of their muddy contents. The first, or repairing basin,

has a surface of twenty-one acres; the second, or factory basin, twenty

acres; the third, or fitting-out basin, twenty-eight acres. These basins

were skilfully contrived to utilise the old watercourses which

intersected the island. The bottom of the basins is twelve feet below

the old river bed, and thirty-two feet below St. Mary's Island, which

has been raised about eight feet by dumping on it the earth excavated

from the basins. The whole island has been surrounded by a sea-wall and

embankment nearly two miles in length, principally executed by convict

labour. Work of a very similar nature and extent has been carried out at

Portsmouth, and the enlarged dockyard there was given over to the

admiralty a few years ago.

Dartmoor was an ideal penal settlement: a wild, almost barbarous place

when the labour of the convicts was first applied to its development--to

fencing, draining, making roads and parade-grounds, and to converting

the old buildings into suitable receptacles for themselves and their

kind. But the eventual employment of the prisoners was to be the farming

of the surrounding moorland as soon as it was reclaimed; and this work

has in effect occupied the Dartmoor convicts for more than forty years.

What they have accomplished is best told by experts. The following is

extracted from a report in a recent number of the Royal Agricultural

Society's journal.

"The management of the prison farm, Princetown," reads the report, "has

converted a large tract of poor waste land into some of the most

productive enclosures in the kingdom. The farm, which lies in the wilds

of Dartmoor, at an elevation of some fourteen hundred to sixteen hundred

feet above the sea, ... comprises in all two thousand acres, the whole

of which was mere common or unenclosed waste land prior to 1850.... The

land is divided into square fields of from fifteen to twenty acres by

high stone walls, built of granite boulders raised in the prison

quarries or from the land as the work of reclamation proceeds. An

excellent system of reclamation, with scientific rotation of crops, has

been devised. If the herbage fails, or becomes unsatisfactory, the land

is again dug up ... but so good has been the management ... that the

greater portions of the pasture laid within the last fifteen or twenty

years are now in far too good a condition to require rebreaking. One

field which twenty years ago was mostly rushes is now able to carry a

bullock per acre through the summer. No purer or cleaner pastures are to

be found anywhere.... Sixty-seven acres of meadow land have been laid

out for irrigation and utilisation of the sewage from the prison

establishment, which at times numbers upwards of one thousand persons. A

dairy herd of forty-five cows is kept, and all the cows are reared....

A flock of four hundred sheep, 'Improved Dartmoors,' is kept and has

frequently been successful in the local show-yards. The wool, for so

high a district, is remarkably good and of long staple. Pony mares and

their produce are run on the fields. One of the ponies bred on Dartmoor

won first prize in its class at the Royal Show at Plymouth. Thirty acres

of garden are devoted to the growth of garden vegetables, of which all

kinds are grown, and much success has been obtained with celery and

cucumbers. The whole of the work is done by convicts, without the aid of

horses except for carting."

A great extension of convict labour has been seen in recent years. It

has been employed in novel ways which would have been impossible but for

the excellence of the present prison organisation and of the discipline

now enforced. In 1876 a small prison for one hundred inmates was erected

at Chattenden, near Upnor, on the north bank of the Medway. It was

intended to house convicts to be engaged in constructing new magazines

at Chattenden for the war department. The prison was built by a

detachment of prisoners sent across the river from Chatham convict

prison, and then by tramway to the site of the proposed work. The

tramway passed through dense woods, and the site of the prison was

surrounded by thick undergrowth. These seemingly hazardous operations

were carried out without a casualty of any kind; no gang chains were

used; no escapes, successful or frustrated, were recorded. The work was

continued for nearly ten years, when the magazines were finished, and

the prison, which throughout had been treated as a branch of the great

headquarters prison at Chatham, was closed. During these ten years,

besides the prison buildings, this small party had put up five large

bomb-proof magazines, in addition to the formation and drainage of the

roads, traverses and slopes adjoining. The experiment at Chattenden

afforded an example of the use to which convict labour can be put, and

of the circumstances under which comparatively small works can be

undertaken by a small body of convicts in a separate prison erected for

the purpose. A number of the buildings, being easily removable, have

since been taken down to be otherwise made use of.

It is only fair to observe here that the same experiment had been made

under the Austro-Hungarian government by M. Tauffer. This eminent prison

official had recommended the adoption of the "progressive system" as far

back as 1866, and had carried it out under his own direction at

Leopoldstadt and Lepoglava, where his prisoners were employed on outside

labour at the rate of thirty or even forty to each overseer, and yet no

escapes occurred. These prisoners built another prison at a distance

from Lepoglava, and were lodged for the purpose in sheds and outhouses

beyond the prison walls. The doors were not even locked at night; there

were no bolts or bars, the only barrier to escape being the rule that no

one should leave the building after the hour for retiring at night.

The work at Chattenden had, however, been preceded by other similar and

more extensive undertakings in England. The first was the preparation of

a new and very simple prison edifice at Borstal, near Rochester; the

second, the erection of the great separate prison at Wormwood Scrubs,

with which I was myself closely identified from the beginning. The

prison at Borstal was to house convicts who were to be employed under

the war department in building fortifications for the defence of Chatham

arsenal, and indirectly of London. As a preliminary measure, a boundary

fence was erected at Borstal around the site of the new prison, and this

work--but this alone--was performed by free labour, the very timber for

the fence having been prepared in the prison at Chatham, four miles

distant, which served as general centre and headquarters for the Borstal

as well as the Chattenden prison. Parties of selected convicts were

despatched daily to Borstal, under escort, of course, but without

chains, and travelled back and forth in open vans. Temporary huts were

put up for cooking, storage and the accommodation of the guard, and

within sixteen weeks the prison buildings were so far advanced that

forty cells were ready for occupation by prisoners, and the

establishment was then regularly opened as a prison. During this

sixteen weeks there had been no accidents, no escapes, no misconduct.

The convicts employed in this really "intermediate stage," having a

larger amount of license and liberty than Sir Walter Crofton had ever

dreamed of giving a prisoner, had behaved in the most exemplary manner.

Within a year afterward, when the number of convicts had gradually

increased to more than two hundred, all necessary buildings had been put

up to accommodate a total population of five hundred prisoners.

The completion of the prison left the convicts free to carry out the

works for which they had been brought to Borstal. But the very nature of

these works was such as to startle prison administration of the old

school, and to forbid, at first thought, the employment of convicts upon

them. The site of the proposed forts was quite in the open country, and

the first of them, Luton, at least two miles from Borstal prison. How

were the convicts to be conveyed to and fro, without loss of time,

without unnecessary fatigue, and above all, without risk of losing half

the number by the way? A novel plan was boldly but happily conceived,

and its absolutely successful adoption constitutes an epoch in prison

history. It was decided to lay down a narrow gauge railway, along the

line the forts were intended to cover, and send the prisoners to their

work by train. Part of this plan was the invention of a special kind of

railway-carriage, constructed with a view to safe custody, and this

very unique and ingenious contrivance has since been constantly

employed. These carriages are small, open, third-class carriages, with a

sliding gate of iron bars. When the train is made up, a chain passes

along the exterior of these gates, and it is padlocked at each end. The

warders on duty occupy raised seats at each end of the train, and have

the convicts under supervision continually. The compartments hold from

eight to ten men each, and a train-load is made up of from eighty to a

hundred convicts. The engines used are the once famous little

locomotives that were sent out to the Sudan for service on the

Suakim-Berber railway. Extreme simplicity characterises all these

arrangements, yet they are perfectly suitable and quite sufficient. The

same device was tried with success at Portsmouth convict prison, for the

conveyance of convicts to Whale Island, distant a mile or more from the

prison.

The effectual guarding of the convicts when at work was, however, a

matter of equal importance. This, with the experience of many years

gained in all varieties of outdoor employment, has been reduced almost

to a science at Borstal. The works are enclosed by a wall ten feet high.

There is a ditch on the inner side, and there are wire entanglements on

the inner side of the ditch. The convict-laden train runs within the

palisading and its passengers are marched to the various points on which

they are employed. Some of these are in the open beyond the palisading;

but outside all, on a wide outer circumference, are sentries of the

civil guard, on high platforms at regular intervals, commanding the

ground between them. No fugitive could pass them unobserved, as they are

on such a radius that they would have the fleeing convict a long time

under their eyes while he was approaching. In addition to this, an

elaborate system of signaling has been devised by means of semaphores at

the highest points. These are worked by good-service convicts, men in

the last year of their sentence, who can be trusted to use field-glasses

and to communicate promptly any news that has to be sent on. In this way

escapes are signaled, or a call for help made, if help be required, in

event of disturbance among the parties at work. Escapes have no doubt

occurred at Borstal, but they have been few and far between, always

resulting in recapture, except in one or two instances.

Thus we have traced, in this and the preceding volume, the course of the

beginning and the development of the prison system of Great Britain.

Much that we now rightly consider inhuman marked its early history, in

common with the conduct of all prisons of that early day. The period of

deportation is certainly gloomy enough, until we stop to consider the

splendid secondary results that have grown out of it in the building up

of an Anglo-Saxon commonwealth in the southern hemisphere. The prison

system of Great Britain, as it is to-day established, is perhaps as

advanced as any in the world, while the future promises advance and

improvement wherever the one is called for and the other is possible.

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