CHAPTER VI

THE BEGINNING OF PRISON REFORM

Prison reform generally taken up—Mr. Neild's

visitation—Howard's great work repeated—Prison Discipline

Society formed in 1817—Its distinguished members—The

society animadverts upon condition of various prisons—A

few brilliant exceptions—Newgate still a byword—Opponents

of reform—Sydney Smith laughs at efforts of Prison

Discipline Society—Prisoners' treatment—Scenes of horror in

Newgate—Serious affrays in the wards—Extra and luxurious

food admitted—Ladies' Association—No real separation of the

sexes—The Governor, Mr. Cope, an offender in this respect—The

press-yard the worst of all—Brutal behaviour of many of those

sentenced to death—Criminal lunatics allowed to remain in

Newgate—House of Commons' prisoners monopolize hospital and

best accommodation in the gaol.

While Elizabeth Fry was engaged upon her self-imposed task in Newgate,

other earnest people, inspired doubtless by her noble example,

were stirred up to activity in the same great work. It began to be

understood that prison reform could only be compassed by continuous

and combined effort. The pleadings, however eloquent, of a single

individual were unable to more than partially remedy the widespread

and colossal evils of British prisons. Howard's energy and devotion

were rewarded by lively sympathy, but the desire to improve which

followed his exposures was short-lived, and powerless to cope with

the persistent neglect of those intrusted with prison management.

Twenty-five years later, Mr. Neild, a second Howard, and as

indefatigable and self-sacrificing, found by personal visitation that

the condition of gaols throughout the kingdom was, with a few bright

exceptions, still deplorable and disgraceful. Mr. Neild was compelled

to admit in 1812 that "the great reformation produced by Howard was

in several places merely temporary: certain prisons which had been

ameliorated under the persuasive influence of his kind advice were

relapsing into their former horrid state of privation, filthiness,

severity, or neglect; many new dungeons had aggravated the evils

against which his sagacity could not but remonstrate; the motives for a

transient amendment were becoming paralyzed, and the effect had ceased

with the cause."

It was in 1817 that a small band of philanthropists resolved to

form themselves into an association for the improvement of prison

discipline. They were hopeless of any general reform by the action

of the executive alone. They felt that private enterprise might with

advantage step in, and by the collection and diffusion of information,

and the reiteration of sound advice, greatly assist the good work. The

association was organized under the most promising auspices. A king's

son, the Duke of Gloucester, was the patron; among the vice-presidents

were many great peers of the realm, several bishops, and a number

of members of the House of Commons, including Mr. Manners Sutton,

Mr. Sturges Bourne, Sir James Mackintosh, Sir James Scarlett, and

William Wilberforce. An active committee was appointed, comprising

many names already well known, some of them destined to become famous

in the annals of philanthropy. One of the moving spirits was the

Honourable H. G. Bennet, M. P., whose vigorous protests against the

lamentable condition of Newgate have already been recorded. Mrs. Fry's

brother, Mr. Samuel Hoare, Junior, was chairman of the committee, on

which also served many noted members of the Society of Friends—Mr.

Gurney, Mr. Fry, Messrs. Forster, and Mr. T. F. Buxton, the coadjutor

of Wilberforce in the great anti-slavery struggle. Mr. Buxton had

already been associated with Mrs. Fry in the Newgate visitation, and

his attention had thus been drawn to the neglected state of English

prisons. These gentlemen formed the famous English Prison Discipline

Society and laboured strenuously and unceasingly in their efforts to

ameliorate the condition of English prisons. They found everywhere a

crying need for reform, although here and there were a few brilliant

exceptions to this cruel, callous neglect. Already, as early as

1818, a prison existed at Bury St. Edmunds which was a model for

imitation to others at that time, and which even fulfilled many of

the exacting requirements of modern days. The great principles of

classification, cleanliness, and employment were closely observed.

There were eighty-four separate sleeping-cells, and unless the gaol was

overcrowded, every inmate passed the night alone, and in comparative

comfort, with a bed and proper bedding. The prison stood on a dry, airy

situation outside the town. Prisoners on reception were treated as

they are now-a-days—bathed, dressed in prison clothes, and inspected

by the surgeon. No irons were worn except as a punishment. Personal

cleanliness was insisted upon, and all parts of the prison were kept

scrupulously clean. There was an infirmary, properly found and duly

looked after. No idleness was permitted among the inmates. Trades were

taught, or prisoners were allowed to follow their own if suitable.

There was, besides, a mill for grinding corn, somewhat similar to

a turn-spit, which prisoners turned by walking in rows. This made

exertion compulsory, and imposed hard labour as a proper punishment.

Another gaol, that of Ilchester, was also worthy of all commendation.

It exhibited all the good points of that at Bury. At Ilchester the

rule of employment had been carried further. A system not adopted

generally till nearly half a century later had already prevailed at

Ilchester. The new gaol had been in a great measure constructed by the

prisoners themselves. Masons, bricklayers, carpenters, painters had

been employed upon the buildings, and the work was pronounced excellent

by competent judges. Industrial labour had also been introduced

with satisfactory results. Blanket weaving and cloth spinning were

carried on prosperously, and all the material for prisoners' apparel

was manufactured in the gaol. There were work-rooms for wool-washing,

dyeing, carding, and spinning. The looms were constantly busy. Tailors

were always at work, and every article of clothing and bedding was made

up within the walls. There was a prison laundry too, where all the

prisoners' linen was regularly washed. The moral welfare of the inmates

was as closely looked after as the physical. There was an attentive

chaplain, a schoolmaster, and regular instruction.

Compared with the last mentioned institutions Newgate compared

unfavourably. Its evils were inherent and irremediable, and the

need for reform was imperative, yet there were those who, wedded to

ancient ideas, were intolerant of change, and they would not admit the

existence of any evils. One smug alderman, a member of the House of

Commons, sneered at the ultra philanthropy of the champions of prison

improvement. Speaking in a debate on prison matters, he declared

that "our prisoners have all that prisoners ought to have, without

gentlemen think they ought to be indulged with Turkey carpets." The

Society for the Improvement of Prison Discipline was taxed with a

desire to introduce a system tending to divest punishment of its just

and salutary terrors; an imputation which the Society indignantly and

very justly repudiated, the statement being, as they said, "refuted by

abundant evidence, and having no foundation whatever in truth."

Among those whom the Society found arrayed against it was Sydney

Smith, who, in a caustic article contributed to the "Edinburgh

Review," protested against the pampering of criminals. While fully

admitting the good intentions of the Society, he condemned their

ultra humanitarianism as misplaced. He took exceptions to various of

the proposals of the Society. He thought they tended too much toward

a system of indulgence and education in gaols. He objected to the

instruction of prisoners in reading and writing. "A poor man who

is lucky enough," he said, "to have his son committed for a felony

educates him under such a system for nothing, while the virtuous

simpleton who is on the other side of the wall is paying by the quarter

for these attainments." He was altogether against too liberal a diet;

he disapproved of industrial occupations in gaols, as not calculated

to render prisons terrible. "There should be no tea and sugar, no

assemblage of female felons around the washing-tub, nothing but beating

hemp and pulling oakum and pounding bricks—no work but what was

tedious, unusual. . . . In prisons, which are really meant to keep the

multitude in order, and to be a terror to evil-doers, there must be no

sharings of profits, no visiting of friends, no education but religious

education, no freedom of diet, no weavers' looms or carpenters'

benches. There must be a great deal of solitude, coarse food, a dress

of shame, hard, incessant, irksome, eternal labour, a planned and

regulated and unrelenting exclusion of happiness and comfort."

Undeterred by these sarcasms and misrepresentations, the Society

pursued its laudable undertaking with remarkable energy and great

singleness of purpose. After a few years of active exertion legislation

was obtained to enforce the needful change, but still Newgate continued

a bye-word. Some reforms had certainly been introduced, such as the

abolition of irons, already referred to, and the establishment of

male and female infirmaries. The regular daily visitation of the

chaplain was also insisted upon. But it was pointed out in 1823

that defective construction must always bar the way to any radical

improvement in Newgate. Without enlargement no material change in

discipline or interior economy could possibly be introduced. The chapel

still continued incommodious and insufficient; female prisoners were

still exposed to the full view of the males, the netting in front

of the gallery being perfectly useless as a screen. In 1824 Newgate

had no glass in its windows, except in the infirmary and one ward of

the chapel yard; and the panes were filled in with oiled paper, an

insufficient protection against the weather; and as the window-frames

would not shut tight, the prisoners complained much of the cold,

especially at night. In 1827 the Society was compelled to report that

"no material change had taken place in Newgate since the passing of the

prison laws of 1823-4, and that consequently the observance of their

most important provisions was habitually neglected."

And so it went on—the same old story—evil constantly in the

ascendant, the least criminal at the mercy of the most depraved. Under

the reckless contempt for regulations, the apathy of the authorities,

and the undue prominence of those who, as convicted felons, should have

been most sternly repressed, the most hardened and the oldest in vice

had the best of it, while the inexperienced beginner went to the wall.

Edward Gibbon Wakefield, who spent three years in Newgate from 1835,

said with justice that incredible scenes of horror occurred there.

It was, in his opinion, the greatest nursery of crime in London. The

days were passed in idleness, debauchery, riotous quarrelling, immoral

conversation, gambling, in direct contravention of parliamentary rules,

instruction in all nefarious processes, lively discourse upon past

criminal exploits, elaborate discussion of others to be perpetrated

after release. No provision whatever was made for the employment of

prisoners, no materials were purchased, no trade instructors appointed.

There was no school for adults; only the boys were taught anything,

and their instructor, with his assistant, were convicted prisoners.

Idle hands and unoccupied brains found in mischief the only means of

whiling away the long hours of incarceration. Gaming of all kinds,

although forbidden by the Gaol Acts, was habitually practised. This was

admitted in evidence by the turnkeys, and was proved by the appearance

of the prison tables, which bore the marks of gaming-boards deeply cut

into them. Prisoners confessed that it was a favourite occupation, the

chief games being "shoving halfpence" on the table, pitch in the hole,

cribbage, dominoes, and common tossing, at which as much as four or

five shillings would change hands in an hour.

But this was not the only amusement. Most of the wards took in the

daily papers, the most popular being the "Times," "Morning Herald,"

and "Morning Chronicle;" on Sunday the "Weekly Dispatch," "Bell's

Life," and the "Weekly Messenger." The newsman had free access to the

prison; he passed in unsearched and unexamined, and, unaccompanied by

an officer, went at once to his customers, who bought their paper and

paid for it themselves. The news-vendor was also a tobacconist, and he

had thus ample means of introducing to the prisoners the prohibited

but always much-coveted and generally procurable weed. In the same way

the wardsman laid in his stock to be retailed. Other light literature

besides the daily journals was in circulation: novels, flash songs,

play-books, such as "Jane Shore," "Grimm's German Tales," with

Cruikshank's illustrations, and publications which in these days would

have been made the subject of a criminal prosecution. One of these,

published by Stockdale, was stigmatized officially as a book of the

most disgusting nature. There was also a good supply of Bibles and

prayers, the donation of a philanthropic gentleman, Captain Brown, but

these, particularly the Bibles, bore little appearance of having been

used. Drink, in more or less unlimited quantities, was still to be had.

Spirits certainly were now excluded; but a potman, with full permission

of the sheriffs, brought in beer for sale from a neighbouring

public-house, and visited all the wards with no other escort than the

prisoner gatesman. The quantity to be issued per head was limited by

the prison regulations to one pint, but no steps were taken to prevent

any prisoner from obtaining more if he could pay for it. The beer-man

brought in as much as he pleased; he sold it without the controlling

presence of an officer. Not only did prisoners come again and again

for a "pint," but large quantities were carried off to the wards to be

drunk later in the day.

There were more varied, and at times, especially when beer had

circulated freely, more uproarious diversions. Wrestling, in which legs

were occasionally broken, was freely indulged in; also such low games

as "cobham," leap-frog, puss in the corner, and "fly the garter," for

which purpose the rugs were spread out to prevent feet slipping on the

floor. Feasting alternated with fighting. The weekly introduction of

food, to which I shall presently refer, formed the basis of luxurious

banquets, washed down by liquor and enlivened by flash songs and

thrilling long-winded descriptions of robberies and other "plants."

There was much swearing and bad language, the very worst that could be

used, from the first thing in the morning to the last thing at night.

New arrivals, especially the innocent and still guileless debutant,

were tormented with rude horse-play, and assailed by the most insulting

"chaff." If any man presumed to turn in too early he was "toed," that

is to say, a string was fastened to his big toe while he was asleep,

and he was dragged from off his mat, or his bedclothes were drawn away

across the room. The ragged prisoners were very anxious to destroy the

clothes of the better dressed, and often lighted small pieces of cloth,

which they dropped smouldering into their fellow-prisoners' pockets.

Often the victim, goaded to madness, attacked his tormentors; a fight

was then certain to follow. These fights sometimes took place in the

day-time, when a ring was regularly formed, and two or three stood by

the door to watch for the officer's approach. More often they occurred

at night, and were continued to the bitter end. The prisoners in this

way administered serious punishment on one another. Black eyes and

broken noses were always to be seen.

More cruel injuries were common enough, which did not result from

honest hand-to-hand fights. The surgeon's journal contained numerous

entries of terrible wounds inflicted in a cowardly way. "A serious

accident: one of the prisoners had a hot poker run into his eye." "A

lad named Matthew White has had a wound in his eye by a bone thrown

at him, which very nearly destroyed vision." "There was a disturbance

in the transport yard yesterday evening, and the police were called

in. During the tumult a prisoner, . . . who was one of the worst of the

rioters, was bruised about the head and body." "Watkins' knee-joint

is very severely injured." "A prisoner Baxter is in the infirmary in

consequence of a severe injury to his wrist-joint." Watkins' case,

referred to above, is made the subject of another and a special report

from the surgeon. He was in the transport side, when one of his

fellows, in endeavouring to strike another prisoner with a large poker,

missed his aim, and struck Watkins' knee. . . . Violent inflammation and

extensive suppuration ensued, and for a considerable time amputation

seemed inevitable. After severe suffering prolonged for many months,

the inflammation was subdued, but the cartilage of the knee-joint was

destroyed, and he was crippled for life. On another occasion a young

man, who was being violently teased, seized a knife and stabbed his

tormentor in the back. The prisoner who used the knife was secured,

but it was the wardsman, and not the officers, to whom the report was

made, and no official inquiry or punishment followed.

Matters were at times still worse, and the rioting went on to such

dangerous lengths as to endanger the safety of the building. On one

occasion a disturbance was raised which was not quelled until windows

had been broken and forms and tables burned. The officers were obliged

to go in among the prisoners to restore order with drawn cutlasses,

but the presence and authority of the governor himself became

indispensable. The worst fights occurred on Sunday afternoons; but

nearly every night the act of locking up became, from the consequent

removal of all supervision, the signal for the commencement of obscene

talk, revelry, and violence.

Other regulations laid down by the Gaol Acts were still defied. One of

these was that prisoners should be restricted to the gaol allowance

of food; but all could still obtain as much extra, and of a luxurious

kind, as their friends chose to bring them in. Visitors were still

permitted to come with supplies on given days of the week, about the

only limitation being that the food should be cooked, and cold; hot

meat, poultry, and fish were forbidden. But the inspectors found

in the ward cupboards mince-pies and other pasties, cold joints,

hams, and so forth. Many other articles were introduced by visitors,

including money, tobacco, pipes, and snuff. From the same source came

the two or three strong files found in one ward, together with four

bradawls, several large iron spikes, screws, nails, and knives; all

of them instruments calculated to facilitate attempts to break out of

prison, and capable of becoming most dangerous weapons in the hands

of desperate and determined men. The nearly indiscriminate admission

of visitors, although restricted to certain days, continued to be

an unmixed evil. The untried might see their friends three times a

week, the convicted only once. On these occasions precautions were

supposed to be taken to exclude bad characters, yet many persons of

notoriously loose life continually obtained admittance. Women saw men

if they merely pretended to be wives; even boys were visited by their

sweethearts. Decency was, however, insured by a line of demarcation,

and visitors were kept upon each side of a separated double iron

railing. But no search was made to intercept prohibited articles at

the gate, and there was no permanent gate-keeper, which would have

greatly helped to keep out bad characters. Some idea of the difficulty

and inconvenience of these lax regulations as regards visiting, may be

gathered from the statement that as many as three hundred were often

admitted on the same day—enough to altogether upset what small show

of decorum and discipline was still preserved in the prison. Perhaps

the worst feature of the visiting system was the permission accorded to

male prisoners under the name of husbands, brothers, and sons to have

access to the female side on Sundays and Wednesdays, in order to visit

their supposed relations there.

On this female side, where the Ladies' Association still reigned

supreme, more system and a greater semblance of decorum was maintained.

But the separation of the sexes was not rigidly carried out in Newgate

as yet. We have seen that male prisoners visited their female relations

and friends on the female side. Besides this, the gatesman who prepared

the briefs had interviews with female prisoners alone while taking

their instructions; a female came alone and unaccompanied by a matron

to clean the governor's office in the male prison; male prisoners

carried coal into the female prison, when they saw and could speak or

pass letters to the female prisoners; and the men could also at any

time go for tea, coffee, and sugar to Mrs. Brown's shop, which was

inside the female gate. In the bail-dock, where most improper general

association was permitted, the female prisoners were often altogether

in the charge of male turnkeys. The governor was also personally

responsible for gross contravention of this rule of separation, and

was in the habit of drawing frequently upon the female prison for

prisoners to act as domestic servants in his own private dwelling.

Some members of the Ladies' Association observed and commented upon

the fact that a young rosy-cheeked girl had been kept by the governor

from transportation, while older women in infirm health were sent

across the seas. His excuse was that he had given the girl his promise

that she should not go, an assumption of prerogative which by no

means rested with him; but he afterwards admitted that the girl had

been recommended to him by the principal turnkey, who knew something

of her friends. This woman was really his servant, employed to help

in cleaning, and taken on whenever there was extra work to be done.

The governor had a great dislike, he said, to seeing strangers in his

house. This girl had been first engaged on account of the extra work

entailed by certain prisoners committed by the House of Commons, who

had been lodged in the governor's own house. The house at this time

was full of men and visitors; waiters came in from the taverns with

meals. Some of the prisoners had their valets, and all these were

constantly in and out of the kitchen where this female prisoner was

employed. There was revelling and roystering, as usual, with "high life

below-stairs." The governor sent down wine on festive occasions, of

which no doubt the prisoner housemaid had her share. It can hardly be

denied that the governor, in his treatment of this woman, was acting in

flagrant contravention of all rules.

Bad as were the various parts of the gaol already dealt with, there

still remained one where the general callous indifference and

mismanagement culminated in cruel and culpable neglect. The condition

of the capitally-convicted prisoners after sentence was still very

disgraceful. The side they occupied, still known as the press-yard,

consisted of two dozen rooms and fifteen cells. In these various

chambers, until just before the inspectors made their report, all

classes of the condemned, those certain to suffer, and the larger

number who were nearly certain of a reprieve, were mingled without

discrimination, the old and the young, the murderer and the child

who had broken into a dwelling. All privacy was impossible under the

circumstances. At times the numbers congregated were very great; as

many as fifty or sixty, and even a larger number, were crowded into the

press-yard. The better-disposed complained bitterly of what they had

to endure; one man declared that the language of the condemned rooms

was disgusting, that he was dying a death every day in being compelled

to associate with such characters. In the midst of the noisy and

blasphemous talk no one could pursue his meditations; and any who tried

to pray became the sport and ridicule of his brutal fellows.

Owing to the repeated entreaties of the criminals who could hardly hope

to escape the gallows, some show of classification was carried out, and

when the inspectors visited Newgate they found the three certain to

die in a day-room by themselves; in a second room were fourteen more

who had every hope of a reprieve. The whole of these seventeen had,

however, a common airing-yard, and took their exercise there at the

same time, so that men in the most awful situation, daily expecting

to be hanged, were associated continually with a number of those who

could look with certainty on a mitigation of punishment. The latter,

light-hearted and reckless, conducted themselves in the most unseemly

fashion, and with as much indifference as the inmates of the other

parts of the prison. They amused themselves after their own fashion;

played all day long at blind-man's-buff and leap-frog, or beat each

other with a knotted handkerchief, laughing and uproarious, utterly

unmindful of the companionship of men upon whom lay the shadow of an

impending shameful death. Men whose fate was uncertain, and those most

seriously inclined, complained of these annoyances, so subversive of

meditation, so disturbing to the thoughts; they suffered sickening

anxiety, and wished to be locked up alone. This indiscriminate

association lasted for months, during the whole of which time the

unhappy convicts who had but little hope of commutation were exposed to

the mockery of their reckless associates.

The lax discipline maintained in Newgate was still further deteriorated

by the presence of two other classes of prisoners who ought never

to have been inmates of such a gaol. One of these were the criminal

lunatics, who were at this time and for long previous continuously

imprisoned there. As the law stood at that particular time any two of

the justices might remove a prisoner found to be insane, either on

commitment or arraignment, to an asylum, and the Secretary of State

had the same power as regards any who became insane while undergoing

sentence. These powers were not invariably put in force, and there

were in consequence many unhappy lunatics in Newgate and other gaols,

whose proper place was the asylum. At the time the Lords' Committee

sat there were eight thus retained in Newgate, and a return in the

appendix of the Lords' report gives a total of thirty-nine lunatics

confined in various gaols, many of them guilty of murder and other

serious crimes. The inspectors in the following year, on examining the

facts, found that some of these poor creatures had been in confinement

for long periods: at Newgate and York Castle as long as five years;

at Ilchester and Morpeth for seven years; at Warwick for eight years,

at Buckingham and Hereford for eleven years, at Appleby for thirteen

years, at Anglesea for fifteen years, at Exeter for sixteen years, and

at Pembroke for no less a period than twenty-four years.

It was manifestly wrong that such persons, visited by the most dreadful

of calamities, should be detained in a common prison. Not only did

their presence tend greatly to interfere with the discipline of the

prison, but their condition was deplorable in the extreme. The lunatic

became the sport of the idle and the depraved. His cure was out of the

question; he was placed in a situation "beyond all others calculated to

confirm his malady and prolong his sufferings." The matter was still

further complicated at Newgate by the presence within the walls of

sham lunatics. Some of those included in the category had actually been

returned as sane from the asylum to which they had been sent, and there

was always some uncertainty as to who was mad and who not. Prisoners

indeed were known to boast that they had saved their necks by feigning

insanity. It was high time that the unsatisfactory state of the law

as regards the treatment of criminal lunatics should be remedied, and

not the least of the good services rendered by the new inspectors was

their inquiry into the status of these unfortunate people, and their

recommendation to improve it.

The other inmates of the prison, of an exceptional character, and

exempted from the regular discipline, such as it was, were the ten

persons committed to Newgate by the House of Commons in 1835. These

were the gentlemen concerned in the bribery case at Ipswich in that

year.

Many of the old customs once prevalent in the State Side, so properly

condemned and abolished, were revived for the convenience of these

gentlemen, whose incarceration was thus rendered as little like

imprisonment as possible. A certain number, who could afford the high

rate of a guinea per diem, fixed by the under sheriff, were lodged in

the governor's house, slept there, and had their meals provided for

them from the Sessions' House or London Coffee-House. A few others, who

could not afford a payment of more than half a guinea, were permitted

to monopolize a part of the prison infirmary, where the upper ward was

exclusively appropriated to their use. They also had their meals sent

in, and, with the food, wine almost _ad libitum_. A prisoner, one of

the wardsmen, waited on those in the infirmary; the occupants of the

governor's house had their own servants, or those of the governor. As

a rule, visitors, many of them persons of good position, came and went

all day long, and as late as nine at night; some to the infirmary,

many more to the governor's house. There were no restraints, cards and

backgammon were played, and the time passed in feasting and revelry.

Even Mr. Cope admitted that the committal of this class of prisoners to

Newgate was most inconvenient.

Enough has probably been said to give a complete picture of the

disgraceful state in which Newgate still remained in the early part of

the nineteenth century.

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