The Express.
London, England, 1853-09-13 00:00:00

BIRMINGHAM BOROUGH PRISON.

Witamw—l was.

M;.WeletTylWhy was that
Witness—Tbe visiting justices thought that th,t was net
is accordskas with the separate system on which it was
intended the gaol thought be conducted.
Mr. Welsh De you recollect a boy named Scott being
pet into a bath naked, and his neck scrubbed with a brush
Witnese-1 d, not.

TWELFTH DAY.
13111.MINCHIAM, MONDAY.
The inquiry Was again mumed this morning, at'
Ms qa,a*. Uu the commissioners taking their
sig, th.. miming, Capt. Maconochie handed to them
copies of Astemsats which he published and privately dir-
t...heed et the time of bk. dismissal from the gaol, detailing
the circumooners in cinnezion with that event. The cap-
tain remarked that be had been driven to take the cosine
hr .hJ, by ilawn of the magistrates refusing to Qatar into
thy esplanations. At the time, he said, that he wrote the
httk rs and the statement which he now put in, he was
omeik•.g from the gross and flagrant injustice dane to him
by tl.c ju,tices. He had met treatment which his
notion and age ought to have protected him from ; and had
since been told that he was dismissed, because he
was iscompetent to govern the gaol; certainly (said the
captain) "I was nut competent to take part in such horrors
a. have been witnessed in that geol, but I was competent
le govern it without inflicting such punishments."
Mr. liarlow, on the part of the magistrates, objected to
inch statements being made unless there was an opportunity
given to answer them; whereupon the commissioners Hid
they thought the matter had better proceed no further.
The examination of the visiting justices was then pro-
tsedcd with.

Mr. Weldig—l fiud that Scott made a deposition to that
effect before the magistrates, and Mr. Sherwin appears to
have confirmed it.

._
Witatsa—When was that ?

Mr Welsbj—Un the 6th or 7th of July.
Witness—l was not present.
Mr. Welsby—llid you ever visit prisoners in the &bronco
of the governor and deputy governor ?
Witness—Yes.
Mr. Welsby—flow often have you done so?
Witness—Sometimes once • fortnight, or three weeks.
I never had complaints made to me by prisoners. I only
once saw • prisoner in • jacket sad c ills,. Boys have occa-
sionally complained to me of the difficulty they experienced
in turning the crank. I have then tried it myself, and I
generally said that I thought they had no cause to com-
plain, except in one or two instances, when I lightened it.
Mr. Webby—nave you becu in the habit of reading the
quarterly reports of the surgeon or the journal of the
chaplain ?
Witness—l have not.

Mr. Welsby— Why?
Witness—lt's hard to say.
Mr. Welsby—lleciuse you know that the ehsplain has
long been dissatisfied with tho severity of the punishments
inflicted at the gaol, and he says that all his endeavours to
put a step to them met with discouragement.
Witness—l n heard any eouiplaints from him, and I
was surprised at his evidence. I have often inquired of
him how they were going on at the gaol, and he n ex-
pressed any dissatisfaction.
Mr. Welsby—Did it appear to you that there was an
air of gloom about the prison which indicated the severity
of the discipline ?
Witness—No.

Mr. Howard Luckcoek wu first called and examined by
Ns. Webb).
You were at ono time chairman of the visiting justices, I
beliore
. . .

was. I think I began to be chairman in
1410. I had been a visiting justice before that time.
We:shy—We have heard of an in,tance of a prisoner
havasg been dogged in Capt. Matmochie's time. Wes that
done with the knowledge and sanction el the visiting jus-
tices ?

Mr. We:shy—Did the chaplain ever take steps to bring
his journal recording the punishments under the notice of
the visiting jui,tices?
Witness—No.

---- -
Witness—l think I recollect ono instancy of a resolution
authorising Capt. blaconochie t flog a boy.

.•
Mr. Welsby read the order of the visiting justices, Mr.
Ilcory Smith in the chair; also present Munn. Luckcock
and Welsh, empowering Capt. Macenochie to dog a boy
named Co bas. Upon this be asked—Was the order to
dog the boy uuderstood to be contiaited until the boy sub-
mitted ?
Witness—l think Capt. Maconnchie said that a repeated
mild torrection would be more efficaetous than one vitlent
punishwent ; that was authorised by the visiting justices.
Mr. Welsby—Are you now referring to corporal punish-
Meld ?
Wi.ness—l am. I believe that Capt. Maconoehie said
he ; It ft nod that six stripes should be given at a time and
it intervals, rather thaw twelve, eigbteea, and twenty-four
at MCC
Mr. Wil ky—Were the visiting justices aware that the
hand-cuts were used by Capt. Maeunochie ?
Witness—l was not aware of it ;it was never reported
to me.
Mr. Webby—Were you aware that daring Captain
Mseoacichie's governorship women had the jacket ow
eightten, to rnty•fonr, and thirty hoop?
-Witness—l was not.
Mr. Webby—Was it aver brouoht under your knowledge
that water was thrown over naked women in this prison?
Witness—l never heard of it. . .

Mr. Welsby—How long did your visits to the gaol
occupy ?
Witness—Sometimes a quarter of an hour ; sometimes
two or three hours.

Mr. We!shy—Have the attempts at suicide ever been
brought specially under the notice of the visiting justices?
Witness—l think they have.
Mr. Welsby—liu any inquiry been set on foot with the
view to ascertain why there were so many attempts
Witnese—No.
M►. Welsby—The chaplain has reported that you said of
Beck's Cllll that it was an attempt at imposition carried
too far. Is that so ?

Witness-1 made any such
eharlaio.

to the

Mr. %Velsby—Have you mado any such remarks as to the
cam of Andrews ?

Witnesa-1 have not.

Mr. Wel.,b7—Mid you aver hear of a woman being put
into the strait jacket?
Witness—l did ; I saw ono instance of it—it was in
Capt. Maconochie's time ?
hit Welsh —Did you inform yourself why the jacket
was used to that person ?
W.tnees—l did net ; the woman was strapped to the rail-
ing in the open corridor.
Mr. Wel.bj—We hsve heard that the use of the collar
and the strapping to the wall came into general operation
5...11 after Freer came (ruin Leicester ; it bar been sad that
Tau saw it ; is that so ?
Witsese—l did see it ones, and in that instance I said
that I thought it was a proper punishment. It was carried
out on a boy seventeen years of sge ; be had on the jacket
sad collar, and was strapped to the wall.
Mr. Webby—Will you explain under what circumstances
that punishment was Indicted ?
Witness—When I entered the gaol on that morning Mr.
Aust.n toll in. that he had bad to punish a boy very 'c-
urtly, sod he asked me to go and see it. I went to the
eed aced NM the boy in the state I have described. I think
the governor said that the boy had been damaging his
crud:. and be added that he had kicked so violently that he
had f, It it neceseary to strap has legs. I replied that I
thought this was very proper, and I urged the boy to be-
have better. The governor added that he had no doubt ha
should be able to release him in an hour.
. .

Mr. Weishy—llave you as to any of the attempts ?
Witness—l may have entertained that opinion.
Mr. Welehy—On what grounds had you formed it ?
Witness-1 can hardly say.
Mr. Webby—Did it never occur to you that it was your
duty as a magistrate to inquire into the cerise of these
attempts et suicide ?
Witness-1 was not aware that there had been so many
until this investigation. I remember giving instructions
that Captain Maconochie's family should not be permitted
to eater the gaol. That order was extended to the
chapel; but it was not intended that it should be extended
to the chapel, and the order, so far, was withdrawn.
Mr. Wo:sby—Did you consider Mr. Austin's system of
prison discipline more in accordance with the views of the
visiting justices than Captain Maconochie's ?
Witness—l did. _ _

Mr. Welsby neat read an order from the culling justices
eteluding the female members of Captain Maconoehie's
family from the prison, they having been previously in the
habit of visiting the females, and he asked why this order
was made ?

Mr. Luckcock replied that it was thought it would not
be well to have unpaid irresponsible officers in the
prison.
Capt. Williams read a minute of ►he visiting justices of
the sth of July. IS:A—present, Mr. Henry Smith (in the
chair), and Messrs. Luckeock, Van Wart, and Welsh—
which set forth the opiniun of the aid justices that task
labour system introduced by Capt. Maconochie as regards
the boys bad been productive of satisfactory results. Upon
this, Captain Williams asked the witness when the magis-
trates changed their opinion as to the success of the task
labour ?

Mr. W
Mr. elsSy— Did you inquire on that occasion how the
eolisz sad the system of strapping to the wall had found its
way to the gaol ?
Witams—l did sot.

Mr. Wehl; Governor tell yds at that time
that he was I. the habit of parasitise prises offences in
thu way ?
Witoess—He did not.
Mr. Webby—Whoa was it that you saw this?
Witness—lt was early in this year.
Mr. Washy—Did you ever me it before ?
Wirriese—l did no!.
Mr. Washy—Did you report what you saw to tho visit.
lag_iusices
itnese—l did not.
Mr. Webb) Aid you ever hear this sort of punishment
discussed at the visiting justices' meetings until the matter
mu investigated by Mr. Perry ?
Witness—l think not.

fir. Webby—liui boa know, or was it known to the
visiting justices, that, is a corollary to the punishment of
strapping to the well, prisoners were deprived of their food,
and bed, and gas, for not doing dui"' crank labour ?
Witness-1 did not ; neither did the
Welsby—Was it ever ham gelestelelllllB4ares
put on bread and water for three anye, kg met skin hie
crank labour ?

Witnew -It wu ; but I knew nothing Orem deprivation
the bed and gm.
Ur. Webby—Did the visiting justices ever inquire u to
the relative number of punishments, in proportion to pri-
soners, in Copt. Matonoehie's governorship sad under that
elLiest. Austin ?
. . .

Witaess—l thick then was some inquiry.
Yr. Webby—Were the report books inspected by the vi-
Siting justices?
Witness—l did not inspect them; lam not aware who•
titer the other virittnr magistrates did.
Mr. Webby—Tben yen never took the trouble to ascer-
tain the mesoing of the words " punishment jacket". in the
book recording psaishments?
Witneu-1 did net.

Mr. Welsby—Were you aware that twelve cranks bad
been introduced to the gaol ?
Witoess—l wu.
Mr. Webby—Were you aware that when the order was
given for the cranks the manufacturer sent a prospectus
strongly recommending the new cranks which they made
instead of the old ones ?
Witneu—l was; but the old oars were preferred because
they were so much cheaper; then was no inquiry made as
to their merits; the moment we ascertained that there was
fifty per cent. differmos is the price, that the old ones were
all that the cheapest, we ordered them at osoe; they were
toed at Pentoarille.

Mr. Welsby—Have you ever turned the cranks?
Witness-1 have ; but I have not weighted them.
Mr. Webb —Did you ever inquire the weight put on the
bop' cranks;
Witness—No. I heard the weights used were from two
to tan pounds.
Mr. Vfelsby—By whom was the number of daily revolu-
tions settled—w6B that =attar left to the governor ?
Witness—l think it was. We understood that 14,000 wee
4 usual number.
Mr. Welsby—Wen the visiting justices aware that the
isfirmary warder was employed in other parts el the
prison
Witness—They were.
Mr. Webb —On what ground was that ?
Witness—He was a disciplined aim.
Mr. Welsby—Did it not strike you that that prevented
his discharging his duty as isflratary warder ?
Witness-1 can't say it did.
Mr. Webby—Were you aware that sick prisoners were
treated is their yells ?

Witnea—l wu aware that a prisoner died in his cell ;
but, and as a general rule, I thought that prisoners sick
were removed to the infirmarf. I have baud the surgeon
say once or twice, that he thought prisoners were better
attended to in their cells. I don't think that he offered
any reason for this assertion, and I did'nt inquire.
Mr. Welsby—Win you aware that prisoners, suffering
from epileptic fits, and insane persons, and prisoners making
attempts at suicide, were left in their cells ?
Witaan-1 thought that they wen removed to the in-
firmary.
Mr. Welshy—Were you aware that prisoners " for
trial " were deprived of the privilege of seeing their
Mends ?

Witless —I understood they were, if they had committed
a prison offence, unless there was an order to the contrary
from a vilitiog or the committing magistrate.
ide. Webby—Were the visiting jesting. aware that boys
sent to the crank labour had to do a certain amount of work
before they had their meals?
Witness—l thought that prisoners had their ordinary
breakfast whether they performed their labour or not, and
that subsequently they had bread and water through the
day at the regular meal times.
Mr. Wetsby—Then the fact of the deprivation of food
fora whole day was without the knowledge of the visiting
Justices ?
lyitaese—lt was.

Mr. Welsby—Do you recollect any order about a prisoner
named Ito,. not having his gruel too good?
Witness-1 do not. I never beard any such expression
u.ed by the vi.iting magistrates. Certainly there was no
order that the strength of a prisoner's gruel should he re-
duced.
Mr. Webby—Wan you attended the chapel in the
gaol ?
Witness—Yes; two or three times.
Mr. Welsby—Then you have seen the boxes in which we
me told thatyrisonen have fainted ?
Witaess—l have. IThe surgeon told me that this fainting
tom in coaatquence of the weakest.' of the prisoners sad
the hest of the chapel.
Mr. Welaby—Were you twos that the use of the
as miation ward," when the hays were being instructed,
Was discontinued ?

Mr. Luckeock renlied—l can't charge my memory with
the precise time. I had forgotten that the surgeon was re-
quited by the justices to report specially in reference to the
boys.
Capt. Williams—Do you know whether the dietaries for
the gaol, as certified by the Secretary of State, were adhered
to whilst Capt. Macenochie wu governor ?
Witness—That I do not know.
Capt. Williams—Wee you aware that the magistrates
laireei. oils& beyond the law when they ordered boys to be
"Mese—l was not aware of it at the time.

Capt. Williams—Was it the practice of the visiting jus-
tices to read over the journals of the chaplain and the
surgeon ?
Witness—l believe not; their reports were read.
Capt. Williams—liad the magistrates at this prison any
general knowledge on the subject of the management of
a prison and of prison discipline ?
Witness•--I had none.
Capt. Williams—Was Capt. Maconoehie recommended to
you am a gentleman who had had great experience in rela-
tion to each matters? _ _

Witnees—He wee. I went to Leicester, Wakefield,
Preston, ar.d Pentonville Prisons, to inquire into the
system of discipline there ; I took Lieut. Austin with me,
but it was with the knowledge of Capt. Maoonochie.
Capt. Williams—Were you satisfied with what you saw
at Leicester gaol ?
Witness—l was.

Capt. iVifiiann— Did you we any prima . with the
jacket and collar on ?
Witness—l didn't see a prisoner at all.
Capt. Williams—Than to what do you attribute Tow
satisfaction t_
_ _

Witness—From the reports I received; not from any
personal observation.
CapL Williams—Your visit to Leicester appears to have
been of great consequence as regards this prison • am I to
aaderstaed that, although you didn't see a prisoner,: you
recommended the system ?
Witness—l reported generally in favour of the system at
Leicester to the visiting Justices.
Mr. Henry Smith and Mr. William Lucy, two other of
the visiting Justices, were then examined at great length ;
but in consequence of the lateness of the hour we are un-
able to give even a summary of these examinations in this
report. Both of them swore positively that they bad no
knowledge whatever of the cruelties carried on in the gaol,
and swore to by the other witnesses. Mr. Smith said that
his opinion was strengthened that everything was going on
well by the fact that Mr. Perry, the inspector, had not only
never complained, but had never made a suggestion to the
magistrates of any kind ; and as for the chaplain, he had
never to him hinted that he had anything to complain of ;
he disapproved (he said) of the system of depriving pri-
sown of food, but he had no knowledge that such a prac-
tice was common. . _ _

Mr. Lucy's evidence war similar in its character.
He had once seen • man in the jacket and collar
strapped to the web, bat thought it war an estraordimiry
ems. He had never (he laid) mpremed any opinion
that the attempts at suicide were feints, and had always
been impressed with the idea that sick persons were taken
to the infirmary ; and with reference to the strait jacket
and collar, he admitted that after he had seen a man
la them strapped to the wall he should not emansunkate
the fact to the visiting. justices. There was an allegation
against Mr. Lucy having rebuked the chaplain for preach-
ing against swearing. His explanation of the affair was
that the chaplain having derived his information from the
prisoners that the warders were in the habit of swearing a
them, he preached at them, which in his (Mr. Lucy's)
judgment was calculated to weaken the authority of the
warden: and in this spirit it was that he remonstrated
with the chaplain.
Mr. Lucy underwent a long ensmination on the subject
of Capt. Macosochie's dismissal ; and the day's proceed-
ings closed with a somewhat dramatic scene :
Mr. Lucy said—" I voted for Capt. Maconochie's dis-
' missal because of hie incompetency, and because I heard
that he bad obtained money from the borough treasurer,
and not applied it to the purpose for which it was
obtained!"

Capt. Mmonochie instantly rose, and, amidst a shout of
applause, indignantly denied the accusation, but, e the
same moment, Mr. Welsby stopped both the Captain and
the applause, and, turning to Mr. Lucy, said—" Did you
communicate that to the visiting justices ?"
Mr. Lu:y—l did not. (Hisses.)
At that moment the court rose, but it is quite clear that
this extraordinary charge must be gme into at the next
sitting.

FATAL GUN ACCIDENT.-0a Thursday last, Mr.
William Freeland, who for many years put has been a con-
fidential clerk and highly-valued servant of Messrs. John-
son and Walker, aharebrokers, Manchester, having obtained
their permission, went for a day's shootiog on the moors,
near Mottram, with his brothers, Mr. John Freeland, from
Scotland, Mr. George Freeland (a youth), and Mr. Thomas
Hall. About a quarter before five p.m. the deceased and
Mr. Hall had left his brothers, and were about two fields'
breadth off, when the brothers were startled b a report,
followed by a scream, and saw him fall. They Intoned to
the spot, but be expired immediately. From his position,
and that of the gun, a double.barrelled piece, it is supposed
that after climbing over a hedge or fence he was drawing
his gun after bim, when something in the hedge mast have
caught the trigger, and, the piece being probably on full
cock, the contents of both barrels wen lodged in his chest.
The di•tress of his brothers may be imagined. They con-
veyed the body to the nearest home, mid then returned to
Manchester; and, after requesting the Boy. Alexander
Munro, his pastor, to break the melancholy tidings to his
willow, they returned the next morning to Mottram, as-
companied by his father-in-law, Mr. Thomas Haigh, of
High.street, and two other brothers resident is Manches-
ter, Mr. Robert Freeland, who is of the firm of Messrs.
Robert Barbour and Brother, and Mr. Alexander Free-
land, packer, South Parade.—The inquest was held on
Fnday afternoon, at five o'clock, and the jary found a
Terdist of accidental death.

TIIE EXPRESS, TUZSDAY EVENING, SEPTEMBER 13, 1853.