The Sun.
London, England, 1853-10-12 00:00:00

LEICESTER GAOL INQUIRY.

LEICESTER, OCT. 10.
The inquiry into the management and discipline of the
county gaol was re-opened this morning, at ten o'clock,
in the Nisi Prius Court of the Castle. There was a large
attendance of magistrates upon the bench, amongst
whom were Earl Howe, the Earl of Lanesborough, Sir
Henry Halford, Bart., M.P., Mr. Charles Hay Frewen,
M.P., Sir F. G. Fowkes, Bart., Mr. Hodgson, the Rev.
H. J. Hoskins, and several others. The body of the
court was also crowded with anxious listeners.
Mr. Welsby, the chief commissioner, commenced the
proceedings by stating that the commissioners attended
to further pursue the investigation, by command of Lord
Palmerston, the Home Secretary, in consequence of a
requisition having been presented to him on the part of
the magistrates, who felt that they were upon their trial
at the bar of public opinion.
The Right Hon. the Earl Howe was the first witness
who was called. He said he had been a magistrate for
the county for many years, and had frequently visited
the gaol. He was one of the committee who drew up the
report after the system had been protested against by the
inspector, and ordered to be stopped by the Secretary of
State, in which the magistrates stated that they fully
approved of the conduct of the visiting justices. Had
been in the constant habit of asking the prisoners, u hen
he visited the gaol, if they had any complaint to make.
Lord Berners, one of the deputy-chairmen of the quar-
ter sessions, said that he had visited the gaol constantly,
and had never heard of any complaints or of any rumours
of such cases of starvation as had been mentioned at the
recent investigation. He was a member of the committee
(alluded to in Lord Howe's evidence). He had been in
the practice of inquiring of the governor how the system
worked, and at the meeting of the committee took notes
of the proceedings when the report was framed approving
of the conduct of the visiting justices. On making that
inquiry at the gaol they found an immense decrease in
the number of committals for vagrancy and malicious
trespassing. They also found that some prisoners pre-
ferred having bread and water to hard labour, and it was
their firm opinion at the time that Mr. Inspector Perry's
report was exaggerated as to the withholding of food.
In reply to the Commissioner, his lordship admitted
the punishments by flogging appeared large in number,
but the punishment itself was of so light a character
that in some instances the prisoners laughed at it.
Colonel Jebb had approved of the cranks.
Sir Henry Halford also said that the system had been
adopted with the sanction of Colonel Jebb ; or, at all
events, after he knew it he did not disapprove of it, and
the magistrates always considered it had his sanction.
He knew that the governor had been in communication
with Colonel Jebb on the subject of the cranks, but
could not say whether he had been in communication
with him on the subject of the stoppage of food.
Sir F. G. Fowkes, Bart., said that he had been a
magistrates for many years. Had been at first opposed
to the alteration of the system, but had since altered his
opinion. He had never heard of prisoners being kept
without food, He had not devoted any time to the gaol
since the crank system had been introduced.
The Rev. John Dudley said he was 91 years of age,
and had been a magistrate nearly 46 years. He had
frequently visited the gaol, both in the olden and the
modern time. Since the introduction of the crank, three
or four years ago, there was a great diminution of the
vagrants in his own neighbourhood. The vagrants used
to come to the relieving officer at Mount Sorrel, and de-
mand relief, and upon being refused broke the windows.
They were frequently brought to him and sentenced to a
week's imprisonment. After the introduction of the
crank system he had not had one such case. He had
never heard of any such rumours as that the people had
been starved in the gaol.
Mr. C. H. Frewen, M.P. for Sussex, also spoke to
the same effect, that he had never heard of such rumours;
but was a very infrequent visitor of the gaol, as he re-
sides on the borders of Rutland.

Mr. Hodgson had been a visiting justice from 1842
to 1849, during which time (in 1846) the cranks were
introduced. It was then confined to tramps and vagrants,
and those prisoners who were sentenced to short terms
of imprisonment. He had no recollection in his time
of any stoppage beyond the ordinary stoppages recorded
in the punishment journal. He had gone through the
books, and found only two instances of complaints being
made to him by prisoners. He was always ready to
listen to any complaints. He had intended on the for-
mer occasion, being present, to offer himself for exa- I
mination, but from the heat in the room and his being
in bad health, he was compelled to retire. He now
offered himself, and was willing to be examined at any
length. He begged to ask Mr. Perry (the inspector) if he
had seen any reason to speak disparagingly of the prison
during the time that he (Mr. Hodgson) was a visiting
magistrate ?
Lord Londesborough was examined to the same effect,
that he had never heard of food being kept back to the
injury of the prisoners.
The Rev. H. J. Hoskins spoke to having visited the
gaol on the 21st of August, 1851, and seeing all the pri- I
soners in the gaol. He did not receive any complaints.
He had entered that visit in the journal. According to

the books helfound that a prisoner was reported to have
been four days without food. If such had been the fact
it would have been impossible for it to have escaped his
observation. Had frequently visited the gaol, and gone
from cell to cell without any complaints having been
made to him.

Mr. Bonfield, the surgeon, was then examined as to
the cases that had before been cited, and said that pri-
soners were excused from the crank labour on the
slightest complaint, even of headache. He would have
ordered food to the man under four days' absence of food
under any circumstances.
Dr. Barclay and Dr, Noble were examined as to their
opinion of the possibility of a man doing work, or even
being in a state not of utter exhaustion, who had been
kept for three weeks on so short an amount of diet as
that which the books appeared to show.
Mr. Massen, the governor, was examined as to the
specific cases which had been before enumerated, but
only repeated the substance of the evidence that he had
before given, of the course of visiting cells which he
pursued, of the reports that were brought before him,
and of the relative duties of himself and the sur-
geon in cases of stoppages of food. If he had known
a man being four days, or even two days, without food,
he would certainly have ordered food. In that particu-
lar case he was engaged three days out of the four at
the quarter sessions and on county business.
Godfrey, the warder, was then examined at great
length as to the way in which he made up his books,
and the various erasures and alterations that had been
made in the figures, and was still under examination,
when at a little before five o'clock the inquiry was ad-
journed till next day at eleven o'clock.
Several late prisoners in the gaol have given in their
names as desiring to be examined. Their evidence will
be taken to-day.

LEICESTER, OCT. 11.

The inquiry into the treatment of prisoners in the
Leicester County Gaol was resumed at 11 o'clock this
morning.

William Godfrey's examination by Mr. Reeve was
continued—Numerous entries in his report-book were
referred to, with a view to show that they were erro-
neous. After about two hours spent in this way, Godfrey
said he was becoming quite confused.
Mr. Welsby said he did not wonder at it.
Godfrey said he had had many masters, both as a
soldier and a servant, and he had always borne the
character of being a good book-keeper.
Mr. Welsby—lf anything I can say now is of any use
to you, I will tell you that your evidence throughout
has done great credit to you, and I believe we all
think so.
Captain Williams and Dr. Baly both concurred.
Mr. Reeve—l am astonished at the accuracy with

which these books are kept, but from occasional errors
I seek to show that one or two particular cases of 'in-
humanity were not true.
Mr. Welsby—What are these cases ?
Mr. Reeve—l cannot say.
Mr. Welsby—You must know. Tell us which they
are, and we will investigate them fully.
Mr. Reeve—l cannot particularise them. I refer to
a remark of the Commissioner (Mr. Welsby) himself,
that there were plenty of cases of food being kept back
for two days.
Captain Williams—You appearing here on behalf of
the magistrates, and having admitted the general accuracy
of these books, I cannot understand how this inquiry
can go on. There may be art error here and there; but
I cannot see how you can benefit the case of the magis-
trates by going on with this inquiry. The men were
deprived of their food as a natural consequence of the
system. This was carried out to a very considerable
extent. You say the system has never been carried out
to the extent that these books prove to have been the
case ; yet you make the admission that these books have
been kept as accurately., as they could have been kept.
Mr. Reeve then called for Dr. Shaw, but as he was
not present the commissioners proceeded with the exa-
mination of discharged prisoners.
Joseph Brown, an engineer and model-maker, who
had been in prison six months, complained of having
been ill while there, and of the surgeon treating him as
an impostor, until he began to spit blood, when, owing
to the interference of the governor and Mr. Hoskins,
Mr. Benfield was very attentive, ordered him to bed, and
gave him medicine. His principal complaint, however,
was against a Mr. Rugg, formerly assistant to Mr. Ben-
field, who, he said, had punished him by repeatedly
using a catheter when there was no necessity for it.
From a full examinatioa of the entries in the surgeon's
journal, the commissioners felt satisfied that he had been
properly treated.
In the course of his evidence Brown stated that ho was
in a refractory (dark) cell for two days, but as he wished
to make a clean breast of it while about it, he would tell
the Commissioners that he had two candles, a box of
inciter matches, and Milton's "Paradise Lost." In reply
to inquiries as to how he got those articles, he said he
was aware for a day or two before he went that he might
expect to go there, and he secreted them under his
clothes, which he was enabled to do by being allowed to
go into the mechanics' room.

- William Burton, who had been in prison a month, said
he worked at the crank until the sweat came through his
shoes on to the floor. When he went in he weighed 12st
31b., and when he came out he was under 10st. He
stated that he was kept without food for two days, and
on many occasions had meals stopped.
The warder's book showed that various meals had been
stopped, but did not corroborate his statement, and some
other statements, reflecting on Godfrey, were positively
denied by that officer.
Frederick Holyoak, who had also been in prison, made
a long statement to show that he had been improperly
treated, but his statements were declared by Godfrey to
be entirely false.

[From a list of offences read by Mr. Reeve, it appeared
that Holyoak had been convicted of or charged with
offences 22 times.]
Isaac Weston, a framework-knitter, who had been in
prison for three months, from the 24th of December,
1847, for poaching, said, that when put to the crank he
worked until knobs came upon his arm. He showed
them to the surgeon of that time (not Mr. Benfield),
who took him off the crank. A few days afterwards the
governor ordered him back to the crank. The surgeon
afterwards excused him several times for two or three
days together. The next time he went to prison was also
for three months, for night-poaching. When he went in
he weighed 14st. 3ilb., and when he came out he did not
draw 10st. He complained several times to the surgeon
(Mr. Benfield) of pains in the back and ankles, but ho
received no attention. The crank labour was so severe
that he tried twice to break his arm across the crank
handle to get away from it, and he would not have cared
if he had broken his neck.

Mr. Benfield remembered Weston, but did not recol-
lect his complaining to him. If there had been any
complaint, with sufficient reason, he must have attended
to him. He saw every prisoner every day.
James Norman, who was committed for three months
for poaching in February, 1850, said he had been used
to hard work as a labourer, but mowing was nothing to
the crank. He suffered so much that he determined to
make himself ill to get away from it, and he dipped his
face in a basin of water several times when he was per-
spiring, and erysipelas broke out. While ill, the surgeon
treated him very kindly.
Richard Chesterton, also a poacher, who had been
committed for three months in October, 1851, stated
that before going to prison he had had one of his wrists
broken by a fall. He worked at the crank till this arm
was very much swollen, and he could not open his hand.
The governor, upon his complaining, had him removed
from the crank cell. When he had been in a fortnight
he had rheumatism very badly across the loins, and when
he was ordered to the bath he had to walk there on his
hands and knees. On Christmas-eve he was required to
go to the crank, and worked till his arm swelled again
very badly, and he could not clasp the handle. He
complained to the governor, who took him to pick
oakum, but he was unable to do that for several days.
His complaint was against the surgeon and the crank.
Mr. Benfield, in reply to the Commissioners, said he
had not the slightest recollection of this case. It was
impossible that he could have seen a man in such a state
and allow him to work.

William Pratt, who had been in gaol two calendar
months for stealing turnip-tops, spoke of the debilitating
effects of crank labour upon himself. He had five mus-
tard ;plasters on during the time he was in gaol, and
always had to go to work the next morning after they
were taken off.

William Gilbert, who had been in prison two months
for poaching, complained of the crank swelling his wrist.
Mr. Reeve then stated that he had seen a great deal
of Mr. Musson during the last ten years, and had wit-
nessed many instances of his kindness and humanity.
Mr. Welsby said, all that had come out during these
proceedings showed that Mr. Musson was a man of great
humanity and honourable feeling.
Mr. Reeve observed, that if no evidence was brought
forward for Mr. Bonfield, it was because it was felt to be
quite unnecessary.
As no other evidence was tendered, the inquiry was
then, at a quarter past 5 o'clock, closed.

The Electric Telegraph Company have just extended
heir wires to Yarmouth and Lowestoft harbours.

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