CHAPTER XI.

INDISCRIMINATE ASSOCIATION OF PRISONERS--TRANSPORTATION, AND THE

CAUSE OF ITS FAILURE--A GUNSMITH.

As I have already said in a previous chapter, one of the most glaring

defects in our present system of penal servitude, viewed as a means of

reformation as well as of punishment, is the indiscriminate association

of all classes of criminals, or rather all criminals with a certain

sentence, irrespective of the nature of the crime they have committed,

the previous character of the criminal or the probability of his

re-admission into society as an honest and useful member of it. I have

met in the same ward prisoners of widely different characters and

antecedents, whose crimes afforded conclusive proofs that in habits,

disposition, and general conduct, they would never, in the natural

order of things, become associates, compelled by law to mate with each

other as equals, and to learn of each other how to injure, not how to

benefit society and themselves. There are, for instance, certain crimes

which a man may commit under the influence of strong passions, aroused

in moments of great temptation, such as rape; or of great provocation,

such as manslaughter; or committed under the pressure of misfortune, or

to avoid, impending ruin, such as forgery or embezzlement, which do not

necessarily prove the criminal to be of habitually depraved habits, or

generally of a violent and vicious disposition. I found as a rule

prisoners guilty of these crimes undergoing their first sentences.

Prison life and prison associations were new to them as to me. They had

no inclination to repeat the offence, or to pursue a career of crime,

but rather disposed to redeem their character, and live an honest and

industrious life. Yet this class of prisoners are condemned, in

addition to the loss of liberty and character, to live in constant

contact, for years it may be, with the professional thief and

house-breaker, the burglar, and the garotter, who has been frequently

convicted, and whose whole life is spent between the prison and the

"cross." The natural and inevitable result of this is contamination.

Even in the case of men possessing high principle and of great moral

fortitude the effect would be deteriorating and pernicious. With men of

weak resolution, strong passions, and a comparatively low standard of

morality, the consequences cannot be doubtful in the majority of cases.

They gradually lose self-respect, cease to think of reformation or

amendment, in time they come to envy the hardened stoicism and

"gameness" of the practised ruffian, learn his language, imbibe his

notions of life, and finally resolve, since character, self-respect,

and all else that bind them to morality and virtue are lost, that they

will compel society to make amends for the ruin it has brought upon

them. It is from this class I am persuaded that the ranks of our born

and bred convicts are so largely and so constantly supplemented. Yet

how easily and how speedily might this source of supply be diminished,

if not altogether closed.

The old Transportation Act, although it may not have provided for any

such separation as that I have just indicated, and although it was

based on what I consider pernicious principles, was undoubtedly the

most effectual plan for getting rid of our criminal population, and in

its operation the most merciful to the prisoner of any of our recent

parliamentary enactments. Had its provisions been efficiently and

judiciously administered, we might still have been sending convicts to

our colonies. But the business of exporting our "dirty linen" was

grossly mismanaged. The merchant who hopes to succeed as an exporter

must study carefully the class of goods suitable for the market he

proposes to supply, and send only those he is confident will be

approved of and meet a ready sale. But our prison authorities, by some

fatality, so organized the system of selection of convicts for

transportation that those who were, of all men, the very last a young

and virtuous community would seek, were forced upon them, whilst those

for whom there was a constant demand, and who would have regarded

transportation and liberation abroad as the opportunity for escaping

from social prejudice, of retrieving their lost character, and of

commencing anew a life of honesty and industry, were condemned to pine

in the prisons at home, and in too many cases, to adopt a career of

crime when their sentences expired. The first and great commandment the

prison authorities regarded in their selection was, that the prisoner

should be physically healthy, sound in wind and limb; and the second

was, that he should have been a certain time in prison at home after

receiving his last sentence and conducted himself well whilst there. No

enquiry was made into the prisoner's previous history, employment,

education, or general disposition and habits, which, one would

naturally have thought necessary before any intelligent opinion could

be formed as to the probabilities of his future career abroad. Now,

although the qualifications of health and good conduct might seem to be

good and sufficient grounds on which to make such a selection as was

required for transportation, those acquainted with prisoners and prison

life will at once perceive that they were very far from being so. In

the first place, a great many of the prisoners who would have adopted

an honest life and been a benefit to the colonies if they had been sent

there, but who were rejected on account of ill-health, had become

diseased in prison and in consequence of their imprisonment, and would

in all probability have recovered their usual good health before they

had reached their destination abroad. These were generally men of

education, and accustomed to generous diet, but the prison discipline

and scale of dietary soon told upon their health, and disqualified them

in the eyes of the prison officials for the boon of transportation.

Even if their health was not restored by the sea voyage and liberation

abroad, it was only exchanging the hospital abroad for the hospital at

home. If the experiment succeeded, who may estimate its value to him

who was the subject of it? Again, "good conduct," as indicated by the

standard of our prison authorities, is anything but a trustworthy

criterion of the convict's true character and disposition. It does not

mean that the prisoner has shown himself honest, industrious, or well

disposed, or in any active sense what the phrase is ordinarily supposed

to mean; indeed the system of penal servitude does not permit the

prisoner any opportunity of showing that he is so. All that "good

conduct," in prison official language means is, that the prisoner has

not broken any of the prison rules, and is therefore a purely negative

quality; scrupulous obedience to prison discipline and regulations,

with severe penalties attached to transgression, is a very sorry basis

on which to found a character of good conduct in a convict. The

consequence was, if one of the greatest ruffians that ever entered the

prison gates were to make up his mind, as I have known many of them do,

to go abroad, he knew that he had only to study the rules of the prison

and obey them for a certain length of time, and he would obtain his

object, and be let loose among the innocent colonists, to rob and

murder as he found opportunity. Thousands of such men, who had

purposely behaved themselves well in the prison at home, with the grim

determination of making amends for their restraint by a career of

increased violence and ruffianism abroad, were thus let loose upon

colonial society, and there is no wonder that the colonies rose up in

indignation and shut their ports against them. As a rule, it was the

hardened criminal whose reformation under existing laws was, I may

safely say, entirely out of the question, who, on the score of health

and good conduct, most perfectly fulfilled the conditions required by

the prison authorities, and most frequently had the boon of

transportation extended to him. Accustomed by long and frequent

experience to prison diet and discipline, and to all the "dodges" for

augmenting the one and evading or modifying the other, he could keep

himself in perfect health under circumstances which would send a less

experienced and more sensitive man to the hospital in a month; whilst

his familiarity with all the petty rules and regulations of the prison,

which the novice is in constant danger of breaking (quite

unintentionally), enabled him to steer clear of any offence that could

be reported if he thought it for his interest to strive for the

convict's prize. In fact, "good conduct," as exemplified by a convict

according to the prison standard, affords no more reliable evidence of

his moral qualities and industrious habits, than proficiency in drill

affords of the moral character of the private soldier.

It is quite clear that selection on these terms could only by a rare

accident find the suitable men for sending abroad. And yet it is my

firm conviction that I, or any other man possessing ordinary

intelligence and insight into human character and experience of convict

life, could, with the utmost ease, have selected from the inmates of

our prisons a very large number for exportation, whom our colonists

would have been glad to receive, and who would have been rescued from a

life of ignominy or crime at home. The question may very naturally be

asked--Why could not our prison officials have done the same? The only

answer I can give is that our prison officials (excepting the very

highest) are directly interested in _maintaining_ and _increasing_,

and not in _reducing_, the number of our convicts, and they are

therefore inclined to favour the liberation of those whom they are

pretty sure will soon return.

As a fair and forcible example of the advantage which might have been

taken of the "Transportation Act," in dealing with a certain class of

prisoners, and also as an illustration--not nearly so forcible as

others I have alluded to, and will yet notice--of the fault of the

authorities in the matter of selection, I will mention one case. Three

young men received sentence of twenty years' penal servitude for rape.

One of them, quite a youth, was more a spectator of than a principal in

the crime, the other two being the really guilty parties. The three

were in due course sent to Portsmouth. The guilty pair were sent

abroad, and liberated before the end of five years from the date of

their conviction. One of them is now married and settled comfortably

abroad, and the other lodges with him. The other prisoner, being young

and not very muscular, received some injury while at work and was sent

to the Invalid Criminal Hospital in Surrey, and has to remain in

prison, in a state useless to himself and to society, for eight or nine

years longer than his more guilty companions.

But the day has gone by for successful re-establishment of a penal

colony. I do not think there are many who would commit crimes for the

express purpose of getting abroad, unless the colony was very

attractive; but no country where officers can be got to reside will

ever be looked upon with dread by the majority of criminals. A penal

colony, I am convinced, would have no deterring influence on the minds

of those convicts who are most difficult to deal with. It would have

such an effect upon certain classes of prisoners, but their numbers are

small, and less expensive remedies might be found even more effectual

in their cases.

When convicts leave prison they could be divided into three classes.

First, those men who are not only determined to live honestly, but who

in all human probability will never again enter a prison; their number

may amount to about ten per cent. of the whole. Another class leave

prison with the deliberate intention of committing crime, and their

number may be about forty per cent. The third class, comprising about

fifty per cent. of the whole, belong to the hesitating, unsteady,

wavering class. Many of this class do manage to keep out of prison, but

at least one half of them return, and, along with the forty per cent.

of professionals, bring up the number of the re-convicted to seventy

per cent. Now, it must be quite clear that if we would reduce this

number, it is to the fifty per cent of waverers that our efforts must

be principally directed. The other classes either do not require or

will not benefit by our endeavours. Our present law is altogether

unable to cure the professional thief. I never heard, and I never met

with a convict who ever heard, of any of this class being converted

into honest men by the operation of our present system, nor do I

believe it possible to point to a single case. The professional thief

lacks three virtues--economy, industry, honesty. Now, under the present

system it is positively forbidden to give him any practical lesson

either in economy or honesty; industry, indeed, might be taught him,

but he rarely if ever receives an intelligent lesson, for it must be

remembered that enforced labour does not teach the labourer industry,

but is more likely to inspire him with an aversion to it. All that can

be done with the professional thief, under existing laws, beyond the

punishment of confinement and vigorous prison discipline, possibly, is

to give him such work to do as he can do, or be readily taught to do,

and that work not to be of the kind usually done in prison, but such as

will compensate to some extent for his maintenance in prison, and

enable him to live honestly out of it should he so elect.

On my right hand, in the twenty-four-bedded room, lay a city-bred

professional thief, acquainted with all the brothels and sinks of

iniquity in London, and his disgusting conversation chiefly related to

such places. Like many of his class, his constitution was delicate, and

his appetite somewhat dainty. The prison fare and hard work were

undoubtedly severe punishment to him; but no punishment could frighten

him into honesty. He knew no honest trade by which he could support

himself, but if he had been taught one in prison such as suited his

strength and talents, and had been taught only the _policy_ of

honesty, and been then sent to a country far removed from his old

haunts, where his newly-organized trade would be more profitable than

thieving, the possibility is he would have become a useful man in the

world. On the expiration of his sentence, which was three years, he

went home and wrote back to one of his "pals" in prison, under an

assumed name, that he had been to the Prisoners' Aid Society, and had

obtained as much of his gratuity as he could, to buy a barrow and some

fruit, as he meant to turn costermonger. He added, however, that he did

not like fruit-selling, and returned to his old trade of "gunsmith,"

gunning being the slang term for thieving, or going on the cross. The

real fact was, that he never intended anything else than being a

"gunsmith," but only used the deception in order to obtain a little

more money from the Aid Society than he otherwise could. As soon as he

got his barrow and stock he sold all off, and in a very few months I

had him for a companion again, with a seven years' sentence. I remember

asking whether he preferred a sentence of seven years' penal servitude,

or three years in Coldbath Fields?

"Three years in Coldbath Fields! why that would kill me. I would as

soon have fifteen years here."

The only good trait discoverable in his character was his ardent

affection for his mother. When he has completed about five years and

three months he will be liberated again, if he is alive, and again he

will return to crime; and it is almost impossible that such a man can

do otherwise; and as long as our prison authorities regard convicts as

mere living automatons, all modelled after the same fashion in

iniquity, our convict and county prisons, viewed as reformatories, will

remain quite inoperative for good, but very potent for evil.

Six Years in the Prisons of England · 第 11 / 20 章