The Express.
London, England, 1853-09-14 00:00:00

BIRMINGHAM BOROUGH PRI:,ON.

THIRTEENTH, DAY.—CLOSE OF THE INQUIRY.
BIRMINGHAM, 7 resno,v,
This inquiry was again resumed this morning.
Mr Lucy was examined on the subject of his 44 usation
against Captain Maconochie on the previous t veiling to
the effect that the captain had received from the borough
treasurer sums of money for the oats of the pvd which
he did not apply to the purpose for which be obtained it.
Mr. Lucy now said that Mr. William JIM!, one of the
magistrates, had informed him that he knew tirom an exa-
mination of the accounts of the corporation, as a member of
the finance committee, that certain snots of money had
been obtained by Captain Maconochie from the treasurer,
and that he had entered into his accounts less sums than he
received.

Mr. Welsby—To what amount ?
Witness—As far as my recollection serves me I was told
that Capt. Maconochie received a sum of 200!. from Mr.
Knight, the treasurer, and that be entered in his account
the receipt of 1001. only; on another occasion L. received a
sum of 1601. and awouuted for only 60/. ; a further sum of
100!. wu never placed to account at all by Capt. Idscono-
chio. I learnt all this at the same time from Mr. James;
it wu before Capt. Maconochie's dismissal.
Mr. Welsby—Was this known to any of the magistrates,
except yourself and Mr. James ?
Witness—l think not.

Mr. Wvlsby—Nothing of this kind is nesiaccil in the
resolution as a reason for Capt. Maconochie's dismissal ?
Witness—There if not.
Mr. Welsby—Did you ever communicate with Captain
Maconochie on the subjzct
Witness—l did not.
Mr. Welsby—Did you communicate the circutastance to
the other magistrates ?
Witness—l did not.
Mr. Welsby—Was Captain Maconochie ever tolled upon
publicly to cnswer this matter?
Witness-1 believe not.

Mr. Welsby—Was tt never made public until :;eaterday?
Witness—lt was not. I believe that the sums of money
which Captain Mscot ochie had unaccounted t,r, as I have
described, were deducted in the final settlement Kith him
after his dismissal.

Mr. Welsby—Tiave you ever made any inve,tigation to
satisfy yourself in relation to the correetuts. of these
matters?

Witness—l have not. Mr. Knight, the tr urer, be-
came insane and died, and the borough accounts passed into
the hands of an accountant.
Mr. Welsby—Were you a party to the report which thg
magistrates made to the liorne-office ?
Witness—l was not.
Mr. Weishy—llo you remember Shaw attempting to com-
mit suicide

Witness—l do; and the surgeon's report ; but I did not
inquire on what ground he came to the coaclusdni at which
he arrived relative to that case.
Mr. Allday suggested another question iu ferenee to
this charge against Captain Maconochie, but Mr. Weisby
said—" We are not here to inquire whether Captain Maco-
nochie has been guilty of an offence of this natur., but only
whit was the real cause of his dismissal."
Mr. William James, another of the visiting magistrates,
was next examined—He said, I think I saw an . titry in the
books that women were hand-cuffed in Capt. Maeonochie's
time ; but I never knew that it was for eight,, a, twenty-
four, and thirty hours at u time. I never heard et women's
kands being fastened behind their back., nor Cl huckets of
water being thrown over them. I never heard that pri-
soners were strapped to the wall until the 3rd of May
last ; nor was I aware that there was a total deprivation of
prisoners' food until night, or that they were deprived of
their bed and gas. About the time I have mentioned
(after the suicide of Andrews) Mr. IVells and 1 went to the
gaol and gave strict orders that the jacket should never DO
used except in cases of extreme violence.
Mr. Welsby—Did it not appear to you that the use of the
collar and strapping prisoners to the wall was altogether
unjustifiable ?
Witness—l think the cases in which such unishment
should be inflicted would be very rare, perhaps it should
not be at all. Strapping might occasionally b.' necessary
where there was extreme violence on the part of a pri-
soner, but not for a whole day ; and I should not agree with
it as a prison punishment.
Mr. Welshy—Did you ever see entries in the chaplain's
journal referring to the "distress of mind and pain of
body" under which prisoners were suffering
Witness—l did not.

Capt. Williams—There are many records of punishmentl
in the bdoks which are illegal, but the justices do not ap-
pear to have taken any notice of them.
Mr. Welsby—Did the magistrates agree to the resolution
approving the conduct of Mr. Austin, after they were made
aware of these punishments inflicted ?
Witness.—We were not aware of the extent of the pu-
nishment at the time the resolution to which you refer was
passed ; we were assured that the jacket had never been on
a prisoner for more than an hour or two.
Mr. Welsby—Did not the words "punishment jacket"
which occur so frequently in the hooks strike you as being
something more than a mere restraint jacket ?
Witness—lt did not.
Mr. Welsby—For instance, what do you think of such as
entry as this—" Three dap bread and water—punishment
jacket."
Witness—l was told that the jacket was merely put on
till the •iolence of prisoners had subsided.
Mr. Welsby—Why the entries of punishment for violence
are not one in a hundred.
Witness—l can only repeat that I was not aware that
there were any violent punishments, or that the jacket and
strapping to the wall was an ordjnary prison punishment.
Mr. Welsby—Wu there any investigation in consequent,
of the number of the attempts at suicide until after the stu-
tide of Andrews ?

Witness—There was not. Once, when Mr. Perry visited
the gaol, the magistrates invited suggestions trona him, and
Mr. Perry then said that all was going on very well' and
satisfactory. This was, I believe, in October, 1851. I re-
member a prisoner named noes being sentence d to ninth-
class diet, but I swear positively that no magistrate ever
said " that it would be as well n^t to make that prisoner's
gruel too good," as had been stated by Lieut. Austin. The
chaplain had a pass-key to each cell, and I considered that
a check on abuses in the prison. I am positive that
I never in the slightest degree checked the chaplain is
making complaints, or threw cold water upon anything he
said in reference to abuses in the gaol. Mr. James was
then examined in reference to the matter introduced by
Mr. Lucy at the close of yesterday's inquiry.
Oa this subject Mr. James sail—l copied from the
accounts of the corporation that on a certain day a cheque
was drawn by thJ treasurer for a sum of 2001 in favour of
Capt. Maconochie; on reference to the banker', account,
I found that the money was paid ; but on comparing this
with the gaol cash-book, I found that the entry was only
for 1001. Then on the 9th of March, 1850, there were two
other cheques drawn in Captain hlaconochie's favour,
one for 1001. and the ether for 1501.; on the 11th
there is an entry in the gaol-book of 501. only.
I made no report of thin matter to the visiting
justices, but after a time the matter became known to some
of the visiting justices, amongst others, I think to Mr. Van
Wart ; and the matter was talked over privately. The
reason I did not make any report on the subject sou from
a feeling of kindness to Captain Maconoehie and his family.
I never made the matter public in any way, nor was it ever
alleged as a reason for Captain Maconochie'a dismival. But
I admit that at the time of his dismissal I had this circum-
stance on my mind.
Mr. Welaby—Did you communicate with Captain Maco-
nochie on the subject /
Witness—l think I did. Why I think so, is this—thati t
was agreed that his subsequent salary was stopped in order
to pay these sums. This was after October, 1850. I had not
much conversation with Captain Maconochie on the sub-
ject. It was a delicate matter; but I am sure :that the
arrangement to which I have referred was carried out. I
am nut aware that Mr. William Chance, the mayor's audi-
tor of the borough accounts, was not informed of this mat-
ter. Nothing was said to him about this misappropriatioa
of the money by Capt. Maconochie. The mosey has not
been lost to the borough. It has been all repaid. In re-
ply to another question, Mr. James said that it was not the
custom for Capt. Maconochie to have 1001. in hand to meet
general disbursements at the gaol. Further, that he was
quite certain the circumstance now disclosed was admitted
at the time by Capt. Maconochie, and the money paid by
him. _ _

Capt. Maconochie was asked by Mr. Welsby what he
had to say in reply to this charge. The captain, in reply,
said that at the distance of nearly four years he laboured
under a disadvantage in having to reply to a charge now
for the first time preferred against him; but his answer
would be short and simple. At the time he was appointed
to the governorship of this gaol he was so circumstanced as
regards pecuniary matters as to require an advance upon his
salary ; he applied to the treasurer for a certain sum which
he received. It was not on the gaol account bat on
his own private account, and consequently could
not be entered in the gaol cash-book. There was
no 'merely whatever about the matter and the
amount ; that Mr. Knight, the treasurer, fell into ill
..calth ; he went to the Town Clerk's office ; saw him, and
he thought also Mr. Thornton, and announced to them that
he had had an advance from the treasurer on his pnvate
account, and that the money was to be repaid in due course.
That was the only foundation there was for the charge now
made; at the time he could have answered everything, and
was willing then to undergo the most searching examina-
tion. Mr. James had said that he had kept the matter
secret out of kindness for himself and his family; that kind-
ness was, however, very much out of place, and was really
calculated to deeply injure him.
Mr. Welsby Capt. Maconochie, did Mr. James ever
make any communication to you in reference to this
matter ?

Capt. Mac.onochie—Certainly not. Mr. James never
spoke to me on the subject; I mentioned the subject to the
Mayor at the Town Clerk's office ; and I explained it to
Mr. William Chance long since. I wished to make it
known at the time, but Mr. Chance restrained me. He
said it was better not to do so. Ido say that it was mon-
strous if the magistrates thought I had been guilty of
peculation that they should have passed a resolution com-
plimentary to me, as they did before I left. (Applause)
Mr. Welsby—This is one of the most disagreeable inct-
dents in the course of this inquiry. I regret that it has
occurred very much ; but its men of honour and gentle-
men, I think that we are bound to probe the matte• to the
bottom.

The corporation account-books of receipts and payment',
alga the bank cheque-book., were produced. Front thel-o
it appeared that sums of money to the amount stated had
been paid to Captain iliaconochie ; but Mr. W. It. Kettle,
the accountant to whom the corporation entrusted the ac-
counts when their treasurer fell ill, stated that Captain