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Convict Conditions
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WEDNESDAY, NOVEMBER 9TH, 1898. [AT FREMANTLE GAOL.] Present: Dr. ADAM JAMESON, Chairman. Mr. E. W. Mayhew, Mr. F. Craig, Mr. M. L. Moss, Mr. J. Gallop, and the Secretary. No. 3376, examined. 386. OFFENCE AND SENTENCE.—Bigamy; 18 months, from June 8th, 1898. 387. PETITION.—I produce a petition concerning my case. [Petition received and read,] The statements therein are absolutely true and correct in every particular. The petition was only returned here a few days ago. I ask that the petition may be considered by the authorities. My first wife, with whom I lived unhappily, told the second wife that all she wanted was my property in another colony, which I made over to her accordingly, and I thought she had power to release me from any bigamy proceedings, which she was willing to do. I would ask the Commission to take steps to protect a free homestead block, No, 137 at Pinjarrah, to prevent its being sold by the Minister of Lands during my incarceration. I intend to settle on that land as soon as I leave here. I had not been in trouble before this. No. 2251, examined. 388. OFFENCE AND SENTENCE—Forging and uttrering; two years. 389. PERSONAL.—I am a duly qualified professional accountant. 390. MATERIALS AND STORES.—There is no proper check on the coal or wood coming into the gaol. The condition of things is such as to render fraud possible, and I believe that such fraud has occurred. I assert that a contractor has been paid twice for the same wood, on one occasion. In order to show this, the books and accounts of the gaol must be examined by the Commission. [Books and papers called for accordingly and produced.] The contractor for the supply of wood to the gaol is Mr. H.Warthwyke. The following is a receipt for 35 cords of wood:—" Fremantle Prison, 22nd April, 1898. Received from H. Warthwyke 35 cords 4ft. firewood on account water-supply, from 25th March to 22nd April, inclusive (Signed) John James Pond, warder." That quantity was paid for on that voucher, but was subsequently included again in the following voucher;—"Fremantle Prison, 16th May, 1898. Received from Mr. H. Warthwyke 97 cords 6ft. firewood, from 23rd March to 13th May, inst. (Signed) John James Pond, warder." I called the attention of the Superintendent to the matter. An overpaid amount was refunded by the contractor. The body of the vouchers which the Commission has seen is, in both cases in my handwriting. The first voucher was made out by me and left in a blotting pad whilst I left the room in the discharge of my duties as messenger. Warder Pond told me that he had handed it as a memorandum of quantity, and not as a voucher to the contractor, and so it came about that the whole quantity was included in the next voucher. However, I had my doubts as to the matter and reported it, with the result stated. It has been suggested that I laid a trap for Warder Pond because I had been reported for insolence to the same warder, but it will be seen from the dates that this is impossible, because the report for insolence was not until the early part of June. On the occasion of my being reported for insolence, the charge against me by Warder Pond was that I had wanted him to falsify the book showing the amount of wood fuel burnt and on hand. The facts were simply these:—The amount of wood shown by the book at a certain date was less by about 20 tons than the amount actually consumed between that date and that of the next entry. Of course this arose from the amount of stock in hand having been previously under-estimated, and I wanted to put the matter right by a corresponding entry, Any business man would understand the position. We could not burn the wood unless it was there to burn. However, the Superintendent did not seem to understand it, and Warder Pond was much annoyed, and maintained that the suggestion was that a false entry should be made. The Magistrate dismissed the charge against me, but spoke to me very roughly about interfering in the wood business, which he said did not concern me in any way. The Superintendent took up the position generally that the checking of materials received for the Water Supply Department was not a matter that concerned the gaol. If that was so, why was it measured at all when it came to the gaol? It was all Government wood, although it may have belonged to some other department. [Witness then explained the prison books kept by him to the Commission.] I have other charges of irregularity to bring forward. From the "Goods Received" book it appears that on the 16th and 18th April last lots of five and four tons of firewood respectively came to the workshop. As a matter of fact they never came, but the contractor was paid for that wood. [The "Gate book" (produced) showed that there passed through the gate on 16th April one load of "B.wood," and on 18th April none at all.] On October 18th,1897, the Commission will see 15 loads of firewood set down as coming in for the Waterworks Department. It was originally "5," but I was instructed by Warder Pond to insert a "1" before the "5," making it "15." I wanted Warder Pond to initial it, but he would not do that, so I made a mark against the item which the Commission will see. The contractor was paid for the full amount. Warthwyke said to Pond, "You have given me far too much." Pond replied "Oh, we have it all in our books." (The Commission adjourned.) THURSDAY, NOVEMBER 10TH, 1898. [AT FREMANTLE GAOL.] Present: DR. ADAM JAMESON, Chairman. Mr. E. W. Mayhew, Mr. H. Stirling, Mr. J. Gallop Mr. F. Craig, Mr. M. L. Moss, and the Secretary. No. 2251, further examined. 391. DELIVERY AND MEASUREMENT OF MATERIALS.—The 2,502 feet shown in my "Goods Received" book, under date of 18th October, 1897, was a measurement made by Warder Pond, and not by me. When I called Warder Pond's attention to the fact that seven loads could not make 19 cords, he said that it must have been our mistake, and that it must have been 15 loads. I said "Shall I alter it to 15?" He said, "Yes;" but he declined to initial the alteration. On September 23, 1897, the entry in my books was originally for five loads received. It was altered by Mr Pond's orders to nine, but I made a cross against the entry, not thinking it to be correct. ["Gate-book" (produced) showed showed eight loads.] On 27th September, 1897, 11 loads came in. I made it 13 by Mr Pond's order. ["Gate-book" (produced) showed Warder Pond's statement to be correct.] On October 20, 1897, there are five loads entered in the "Goods Received" book. [The "Gate-book" showed nine for this date.] The "Gate-book" is kept by Warder Richards. I cast no imputation upon him, but still, Pond and he live together, and belong to the same lodge of Freemasons as the Superintendent and the Magistrates. Warder Pond gave me to understand that masonic influence would be used all round against me if fell out with him, or if he had to report me. He also told me on one occasion, when he was on confidential terms with me, that he had the Superintendent "under the whip." That was the expression used. 392. PRISON LABOUR CHARGED TO VARIOUS ACCOUNTS.—[Witness explained the "Labour-books" of the prison, and the returns of labour employed, etc.] In a return which was made out, the making of a fowl-house, costing 15s., is put down under the general head of "gaol repairs." It was on the premises of the Superintendent, and I think Mr. Dimmock must have made the order under instructions from the Superintendent. I call that a falsification of the return, which was one laid before Parliament. Where the matter concerned other officials outside of the Superintendent it did not go down to general "gaol repairs." Thus a charge made for "fixing stage for private theatricals" at the doctor's private residence, "making footlights," and so on. 393. PETITION AND REMISSION.—I received two sentences; one at Pinjarrah, and the other before the Chief Justice. The Sheriff had written across the warrant that the sentences were cumulative. I asked to be allowed to write to the Attorney General on the subject. After I had proved that my statements were correct about the wood vouchers. the Superintendent came to me and said the Attorney General had ruled that the sentences were concurrent, and not cumulative, as the Sheriff had made them appear. For my own part I do not think the Attorney General has taken any action in the matter. I think the Superintendent has fixed the matter up with the Sheriff. [Documents called for showed Attorney General had ruled as the Superintendent said, that the sentences were concurrent.] 394. MEDICAL.—The doctor has always been kind to me. [Confirms the evidence of previous witnesses as to milk standing in tins in the hospital.] 395. DIET.—I have been in Darlinhurst, Melbourne, and Brisbane gaols. but I have never seen such bad food as is given here. The potatoes have been rotten and unfit for human consumption. The oatmeal last Christmas was dirty,black, and oily. They mixed it with good meal, and made both uneatable. The diet generally may be good enough for short sentence prisoners, but not for others. 396. LUNATICS.—Suspected lunatics should be kept under observation, and padded cells should be provided. 397. VISITORS ON SUNDAYS.—Persons come, out of morbid curiosity, on Sunday to the gaol church to stare at the prisoners. I think that that should be stopped, or that they should be invited to contribute to a donation box for destitute prisoners. 398. ALLEGED ILL-TREATMENT OF SICK PRISONER.—A prisoner named McCall who died from aneurism of the aorta, was, whilst he was suffering acute agony, compelled to do heavy work. I look upon that man as having been really murdered. There was a post mortem, but, so far as I know, no inquest in that case. 399. WARDERS.—With the exception of Mr Pond the warders have treated me considerately, and I have recently had no reason to complain of Pond, although I did not like his being placed in charge of my landing by the Superintendent. 400. TRANSFER TO ANOTHER PRISON.—I would like to be transferred to Rottnest, if possible. I am afraid of the Superintendent, who bears malice towards me.
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