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William Webster,Acting Chief Warder, examined. 115. CASE OF No .2561.—I remember Mr. Kelly, the lawyer, coming to see prisoners Nos.2561 and 2158. I remember the conversation which took place. It was about lodging an appeal. I remember Mr Kelly saying to No.2561, 'I received £3 10s. from a friend of yours —can't you get any more?'' One of the prisoners said he could not at present. Then Mr. Kelly said, "I have lodged the appeal at the office." He said, as nearly as I can recollect, that he had been to the Sheriff's office to lodge the appeal, but the clerk was away on leave for his holidays. I cannot say positively that he said the appeal was set down for the July sittings or for any other date, but he said he had lodged the appeal, and it would come on for hearing later on. He did not refuse to go on with the appeal for want of sufficient funds; on the contrary, he said he was going on with it. I remember nothing more about the interview, except that the legal point appeared to be something about what was a ''place''. or a "public place.'' Mr.Kelly said a street would be a ''public place', but drew a distinction between a street for the purposes of the conviction and private dwelling-house, out-house, or other ''place.'' I thought he meant that prisoners could not be legally convicted, because the street , Barrack Street, was not a ''place'' within the meaning of the Act. (The Commission adjourned.) SATURDAY, OCTOBER 22ND, 1898. [AT FREMANTLE GAOL.] Present : Dr. ADAM JAMESON, Chairman. Mr. Horace Stirling. Mr. E. W. Mayhew. No.10525,examined. 116.SENTENCE.—Five years ; robbery. I was charged with assault and robbery under very peculiar circumstances. The charge of assault was withdrawn, but I was found guilty of robbery of a person unknown to the Crown. I cannot understand that it can be legal that I should be tried and sentenced in such a case without any prosecutor or any person robbed being produced. £5 was found on the floor of the hotel where the robbery was supposed to have taken place. The principal witness against me deposed that I dropped the money there. No one gave evidence either in the lower or the upper court that he had lost £5 or I had taken it. I have petitioned, but I cannot get any satisfaction. I have a bad previous record, no doubt. What was I tried for —my bad record, or the theft of £5? [Petition produced and read]. I ask that that petition may receive further consideration. I wrote to Mr.Smith to take the matter up for me, but he wanted £5 5s., and I had not got it. 117. DIET.—The food about a year ago was very bad, but has recently much improved. 118. MEDICAL AND PERSONAL.— I suffer from an affection of the eyes, for which I have been treated by the doctor. I have asked to be allowed to sleep in the hospital, where I can get hot water my eyes at night, but the request has been refused. No. 10514, examined. 119. SENTENCE.—Seven years ; assault and robbery at Bunbury. 120. UNJUST SENTENCE—I got seven years on the evidence of a black-tracker who pretended to be able to track my steps along a hard metal road, where there was considerable traffic, some time after the alleged robbery took place. Briefly, the facts were that I was going into Bunbury in search of work. I got into company outside the town with a stranger, whom I asked about the chance of work in Bunbury. We had a drink together at a public house—very likely, as the prosecutor said, at the time when the prosecutor was there before the robbery took place. The robbery took place, it was said, at four o' clock on the afternoon of a Monday. I was taken to the lock-up. On the Tuesday morning they took my boots away and the black-tracker (who was doing 14 days at the time) pretended to track my footsteps in company with those of my companion, to the scene of the robbery. The boots were ordinary water-tight boots of a very ordinary size—No. 7. I do not know the other man who was convicted with me for the alleged offence. I have always had a good character. I came from Adelaide, where I had a good character, and I had a good character from my West Australian employers, for whom I worked as a sawyer. Gordon, who was sentenced with me, got ten years. He had been in prison before, and was known to the police. I had only 3s. on me when I was found, and the prosecutor did not recognise me. 121. PERSONAL. —I have no complains to make ; I have not petitioned ; I have nearly done two years; I thought I would wait till then; I have been in no other prison, and can make no suggestions that would be of any use to the Commission. No. 2595, examined 122. AGE. —22. 123. OFFENCE. — Robbery. 124. DIET. — Plenty of food, but not good. It is better within the last three months. The potatoes are bad. The meat is not good; all scrag and bones. I am on stewed meat just now, which is very good. The bread is pretty good now; much better that it used to be. 125. SHAVING, BEDDING, CONDEMNED CLOTHING.— Witness confirms evidence of previous witnesses. 126. PERSONAL. — I come from Christchurch, New Zealand. My people do not know that I am in prison . I am here under an assumed name, This is my second conviction here, and I have been in gaol in Tasmania before coming here. When I went out of gaol here last time I had little or no money and could get no work, and I had to do something to live. No. 2603, examined. 127. SENTENCE. Two years; bigamy. 128. REMISSION. — My principal is that I am not receiving all the remission time which I believe I have been earning, by special and responsible work in connection with the charge of the engine and boiler for the water supply. I claim that is the full allowance of remission were made to me I should have been discharged on the second of the last month. Between the Superintendent and myself there is a difference of 84 days in the calculation of the remission. 129. MEDICAL.—I complain that sufficient consideration has not been shown to me in the matter of food. I told the Doctor I really could not eat the prison rations. He said the was good. I did not deny that; but said I could not digest it—I could not keep it down . At last the doctor ordered me milk, and eventually the Superintendent got some rice for me in lieu of meat, and now the milk is knocked off. I have not tasted meant for several months. I take oatmeal, dry rice, and a little coloured water, which they call soup. I have asked for stews. 130. PERSONAL.—I would like to state the circumstance under which I committed bigamy. My first wife was a woman of bad character. From the moment I found it out, we separated,and had no more to do with one another. The Judge said I ought to have got a divorce, which would have cost £50. I did not know what was necessary . I married a young woman after separating from my first wife. I was earning £5 or £6 a week, and had a comfortable home on a residential area on the goldfields . Some of her fellows working with me knew my first wife , and doubted if I had married the second. They told her all about it , and she had me arrested. I am destitute now, for the second wife has disposed of all my property. 131. COMPLAINT AGAINST WARDER WOODS.— A hasty-tempered man is liable to get into serious trouble through the exasperating conduct of warders like Woods, who is unfit for his position. On one occasion, when I complained to Woods about the filthy conduct of two condemned prisoners, whose cell I had to clean, Woods only laughed, and said, "It would give you an appetite to eat it for you breakfast." This same warder was in Court when I was tried, and saw my first wife there. She was a big, stout woman, and, not doubt, a common prostitute. Woods made disgusting allusions to her to me, and I retaliated. No. 3026 examined. 132 AGE.—25. 133. SENTENCE.— Six months; larceny. 134. PERSONAL.—Born in London; come to Western Australia in September, 1896; got into trouble in December, 1897; absconded in January; sentenced to four months in irons (cumulative) on present sentence. I think my sentence for running away was excessive, considering others, for similar offence, received only on month concurrent. I spoke to the Superintendent about it. He said he could not interfere. 135. SANITARY ARRANGEMENTS IN THE REFRACTORY CELLS ARE DEFECTIVE.— Only half a bucket of water is allowed to keep the cell clean with. 136. DIET.— The potatoes are disgracefully bad. The meat , if it is good, is spoilt by the cooking, and if it is cooked properly, is not fit to eat. I do not think the is really as bad as the cooking makes it , but I have seen some of the meat with a good deal of blood about it , Last Sunday's dinner was passable. The pudding looked nice, but it was all dried up. ( The Commission adjourned.)
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