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Convict Conditions
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No. 1798, examined. 401. OFFENCE AND SENTENCE.—Two months for assault, and eighteen months for running away from a policeman. This was a row in Denver City Hotel, at Coolgardie, in which two others besides myself were concerned. I complain that the eighteen months for running away from the policeman is excessive. I did not run away after I was once fairly in his custody; it was when the constable was trying to arrest me. No. 10543, examined. 402. OFFENCE AND SENTENCE.—Sodomy; life. 403. PERSONAL.—I pleaded guilty. At the time of the trial I was out of my right mind, and was in a similar condition for some time before the trial and afterwards. I recollect nothing that took place at the trial, but I am told I pleaded guilty and asked for some tobacco. There is a prisoner now in the gaol who can give the Commission some evidence about the case which he got from the boy who was concerned in it, who was the principal witness against me. I never committed the offence. The charge has been trumped up against me. I have no complaints to make. I have been kindly treated in the gaol, but the charge has upset my mind. No. 2508, examined. 404. CASE OF PRISONER No. 10543.—At the Perth lockup I saw the boy who gave evidence against No. 10543. The boy was charged jointly with 10543. The boy said if he did not give evidence against 10543 he would be sent to the reformatory. He said the offence really occurred, but he was bound to make it worse than it really was. It was not a trumped up case. There were other witnesses besides the boy. (The Commission adjourned.) SATURDAY, NOVEMBER 12TH,1898. [AT FREMANTLE GAOL.] Present : DR. ADAM JAMESON, Chairman. Mr. E. W. Mayhew, Mr. H. Stirling. Mr. M. L. Moss. Dr. Lotz. No. 3019, examined. 405. OFFENCE AND SENTENCE.—Embezzlement; two years. 406. REMISSION.—It is very hard to earn remissions and very easy to lose them. I am working in the drive. It is hard work, but special remission is allowed for it. If the work is suspended for any reason, as it is just at the present for want of dynamite, the special remission is suspended too, and we get none of the ordinary remission. 407. DIET FOR MEN OF SPECIAL WORK.—For men doing heavy work, such as the underground work is, the allowance of rations is not sufficient. You start work in the morning on 10 ounces of bread for breakfast and work on that till dinner time when half a pound of bread is allowed extra, and there is a small extra allowance of meat to the men; but on Sundays nothing extra is allowed. The men are not compelled to do this special work, but are all anxious to do so on account of the special remissions, although sometimes they break down in health because the food is not sustaining enough. It is understood among the men that Water Department makes some allowance for the prisoners. Perhaps the Commission might inquire into that, as nothing certain seems to be known about it. 408. SANITARY PRECAUTIONS.—Until quite the last few days, the arrangements at the quarry, where the men are first drafted on their arrival at the prison, were defective in the matter of the drinking vessels. All used to drink out of one common vessel, which is objectionable, when you have men suffering from syphilis and diseases of the mouth and throat among the number. 409. CORRESPONDENCE.—I think this is sometimes tampered with. In May last there was a civil action against me. I addressed a letter to my lawyer on the subject, but in Court that letter was in the possession of the lawyer who appeared for the other side. I cannot understand how that could happen. My lawyer would surely not have handed it over. 410. DIET.—The food has greatly improved since the Commission came here. 411. BEDDING.—Confirms previous evidence. 412. CELLS.—Confirms previous evidence; cells to small and ill-ventilated. 413. SANITARY ACCOMMODATION IN THE YARD.—Inadequate for the number of prisoners. 414. VISITING JUSTICES.—If you want to see a magistrate you must specially put your name down; this is objectionable. At the Yalala Prison (Adelaide) the visiting justices come round twice a week,and the men on parade are told to fall out if they want to see magistrates. The Governor makes an annual visit. The Chief Secretary does the same. You can see the Governor if you choose to do so. 415. REMISSIONS—THE MARK SYSTEM.—In Adelaide the mark system is adopted and seems to work well, and give satisfaction to all concerned. For every three marks one half days' remission is granted. The maximum remission is one third of your time. No extra remissions are allowed for anything. If a man does not think he is justly treated by the warders in the matter of marks, he appeals to the Superintendent. If a man misconduct himself, he loses remission in this way : that he cannot earn marks whilst he is detained for his misconduct, and in special cases remission is knocked off in the shape of marks deducted. 416 LIGHTS.—The lamps are taken away here soon after 7 p.m. That is too early. In Adelaide the gas is turned out at 8 o'clock. 417. DISCHARGE.—Confirms previous evidence. 418. RULES AND REGULATIONS.—These want formulating. Practically, there are none at present. 419. LIBRARY.—This is denominational. I am a Jew, but, for the purposes of the library, one has to describe oneself as either Protestant or Catholic. The former being the larger and better stocked library, I am put down as a Protestant. [The Superintendent, called in specially, explained to the Commission that, if on any account the earning of special remission is suspended during the stoppage of works, the ordinary remission is credited to prisoners. As to lighting of the gaol, the cost is now about £200 a year ; electric light would be much cheaper.] No.10183, examined. 420. OFFENCE AND SENTENCE.— Various ; four years. 421. TICKET-OF-LEAVE REGULATIONS.—I produce a copy of these. [Producing and reading the same.] It will be seen that clause 21 practically compels the ticket-of-leave man to go his would-be employer and explain his position. When that rule was originally framed it did not matter much, but now-a-days it is practically impossible for the ticket-man to get employment in competition with free men. The regulations are thirty years old, and apply to quite a different state of things to the present. [Clauses 20, 22, 23, and others were read.] It will be seen that all the regulations are quite inconsistent with the possibility of the ticket-man earning an honest living, if they are enforced. Under proper regulations, if the ticket holder gets into trouble, it should be his own fault. No. 3503, examined. 422. OFFENCE AND SENTENCE.—Possession of burglar's tools; theft; twelve months and three months. 423. PETITION.—I have sent in a petition asking for a review of my case. The petition has not come back yet. [Witness detailed the grounds of his petition.] No.3311, examined. 424. OFFENCE AND SENTENCE.—Disorderly conduct; three months and six months cumulative. 425. DIET.—Greatly improved lately. 426. MEDICAL.—If a man applies to the doctor for medical or surgical attention he runs the risk of losing his remission if the doctor thinks he is malingering. I am a cripple; I have lost a leg,and the stump of the injured limb gives me much trouble, and has been source of much pain to me whilst I have been engaged on the stone heap in a very exposed place during the winter months. I complained to the doctor, but got no satisfaction. On the contrary, I went before the magistrate for malingering. I was discharged with caution. 427. REMISSION.—I complain that I get eight days knocked off my remission merely because I was reported to the magistrate. It is tantamount to a sentence of eight days' imprisonment for being discharged with caution. Then we can none of us understand the principle upon which remission are calculated. The scale posted in the gaol for the information of the prisoners works out quite differently to the result arrived at by prison authorities. For instance, I calculate that I ought to be out at latest on 18th inst.; the prison authorities make it the 28th inst. [The Commission checked the calculations and verified witness' statement.The Superintendent and Chief Clerk explained that the scale posted in the prison was wrong owing to a clerical error which had previously escaped detection.] (The Commission adjourned.)
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