THE DUNEDIN GAOL ENQUIRY.

I [peess ASSOCIATION telegram.] I DUNEDIN, June 22. I The enquiry into the past management lof the Dunedin Gaol was resumed before Messrs O. Curtis, 8.M., and C. Whitefoord, 8.M., this morning. Mr Caldwell, the bite Governor, was not represented personally or by counsel. John A. Torrance, gaolchaplain, was the first witness called. He proceeded to state that Mr Caldwell had »a very tad temper, [but was stopped by the Commissioners, who tasked him to state facts in regard to the management of the gaol. ?. Witness —1 had heard several complaints .from prisoners, but the principal case was fthat of the prisoner Cummock. He was treated in such a way as caused mc to make a formal complaint against Mr Caldwell, and which led to Cummock's removal from this prison. I sent two letters to I Captain Hume, and am willing that they [should be treated as official. Mr Whitefoord—l think it would be as -well if you stated the facts that came under your notice. The Witness—The Inspector had been to Dunedin, and I did not know of the immediate consequences until one night a warder, named Chirk, came to my house. He said that he did not know whether he was doing right, but he felt ill at ease because Cummock was being illtreated, and some action should be taken. I promised the warder that I would call in the morning and see for myself. I saw the prisoner. He was in one of the darkest of the cells. He was there alone. He told mc that on three nights he had been made to lie on the cold corridor with asphalt flooring. There were no boards put on the floor. The bed was simply placed on the i bare asphalt. This struck mc as strange, i seeing that the prisoner had fifteen months previously suffered from rheumatic fever. Considering what the prisoner had told mc, viz.—that they were trying to drag from him what he had told the Inspector of Prisons, I came to the conclusion, whether rightly or wrongly, that an attempt was being made to seriously injure iim. If I am asked why I did not state this to the Visiting Justices I will do so. Mr Whitefoord—Tes, please. Witness—Because I had not confidence uthem. The night before I saw Cummock ie had slept in his cell; the three nighte ireviously he had slept in the corridor. !_• this kind of persecution had apparently teen put a stop to I did not complain to Ir Caldwell. My reason for saying that had no confidence in the Justices was bat Mr Caldwell seemed to be supreme in is power. A little incident; that took place spme time previously led mc to believe fat it was useless to complain to them, ie Sabbath morning Cummock desired c to see him. He was called into the iner office where I was. Very excitedly ie said,."Mr Torrance, I want you to read mat." I told him that I would receive no document; anything he had to say I would listen to. He again excitedly said— RTou must take Hi it concerns yourplf as well as mc." I again refused.

iwpned to slip the 'paper into my hand, l|f it fell on to the floor. The next aj£ment he was outside the cell. He J_P?d the door to, and was gone. I picked t» the paper, looked at it, put it into my ji&ket, and read it carefully at home. As Igawly as I can remember, the purport ot :Sgjfe paper was this—lt stated that he was waled up the previous day before the Igtstices and Mr Caldwell, and questioned Kith reference to what transpired between mm and Captain Hume; that then a gentleman came into the office, and he was $at outside, and the door closed; that he Raited outside until the gentleman left; |(bat the door then went to, but did not Pose; that he then came up to the door, Understanding that he was wanted, and while waiting at the door heard words uttered by Mr Caldwell to this effect— "That when the Inspector came down next time he (Mr Caldwell) would keep Cummock out of the way, and say that he (Cummock) was on board the hulk, aic was satisfied, and had given up the desire of being removed to a Northern prison: that when Mr Dick, who was then, as now a member of the Government, was out, in (meaning the Inspeotor) would be sen* :.about his business; that Morrison and 'Cummock had been interviewing Mr TorFrance, and that Morrison would soon have Ko hide his head." That was the purport f the document. I think Mr Logan and «Ir Brown were the Justices present. I am sure Mr Logan was. I took counsel 5E with one or two friends as to what I should '>« do with the document, and was advised to do nothing. I think I destroyed the paper, .s I did not attach much importance to it. ™ Captain Hume—l suppose in the per- -. formance of your duty you have found it necessary to pay some particular attention to special prisoners. I Witness—l must say that that has been :a matter of interest and great sorrow to fine that in cases where I paid special to particular prisoners there feemed to be on that account a down on Mr Caldwell's part towards those prisoners. I say " Seemed to be." I had no proof of it beyond the irritation manifested by the prisoners. They were worried and annoyed, but could not tell for what reason. There was the case of a prisoner named James Thomson. That was many years asro in 1869.

> Mr Whitefoord—We are only called on } to inquire into any abuses which may have j existed, or charges made, since the year i~""*7, so we cannot go into any matters ore that date, fitness—Then I have this to state. The wledge that any special attention on part to prisoners led to the prisoners ig worried and annoyed caused mc to am as much as possible from rendering :ial services. The witness went on to c that for two years and nine month rious to the change of gaol managemen' relations with Mr Caldwell were not oi most friendly character. His nam( not appear on the visiting book during time. But though he had not made entries, he performed his duties in the I in the usual way. iptain Hume—Can you furnish the imissioners with any further informaregarding your opinion as to the System of additional imprisonment ? j& Witness—lt is a matter of opinion with igae. It is more than moral conviction ; it 3s knowledge. At the same time l have jho proof to bring forward with regard to &b. I noticed a very marked difference Irhen a change in the management of the |gaol took place. Prior to that I noticed on every Saturday for year after year a whole !' ing of men, eight, ten, or twelve, perps more, and the Gaol Court sitting for irs. As soon as the change took place ras done, and I have never seen it once cc the change has taken place. I 'c _ got the minds of prisoners in quiet way as to how they were ting on. The men expressed themres as satisfied. One man put it to in this way, " The place is altogether erent, and I can only express it in this r —we now feel sate.*' Both this man [ another prisoner had expressed themves satisfied that they would get justice. Lother mr.n said, " We know the rules ye have to comply with, and we know ghat we will get if we break them. Before we did not know what the prison rules were."

'; In answer to farther questions, the witness stated that he had known Mr Caldwell to consult with the Visiting Justices. A prisoner would then be brought before them, and after he had retired Mr Caldwell would be left to talk over the case [With the Justices, and then the man would ; *e brought back and dealt with. Mr Whitefoord asked was this the invariable rule ? It was only fair that the Visiting Justices who acted in this, way should have an opportunity of explaining, or, at all events, of giving evidence. Witness—l have been present when Mr Logan has done it. Mr Caldwell has spoken to Mr Logan. The prisoner has then been brought in. After he had left Mr Caldwell has given his mind with regard to the prisoner, and then the man would be brought back for sentence. Captain Hume—l suppose you always supported the gaol authority ? Witness—l did invariably. Anything outside my own province I refused to do, unless it came to mc through Mr Caldwell. Again and again I have told prisoners who havgjasked mc to do certain things that 4J_ByTtnust first bring the matter before Mr Caldwell and get his approval. Captain Hume—Can you give the Commissioners any information with regard to an opera or play being performed in the gaol here ? Witness—There was a play once at some particular season of the year. It did not strike mc as being out of the way if the officials consented to it. The witness was next questioned with regard to tho treatment of some of the prisoners. Henry Garrett, he said, did not work for several years, but was shut up in his cell. He had complained to witness on several occasions that he was afraid of his life, and that Mr Caldwell meant to kill him. Witness pooh-poohed the idea. He understood that Garrett had made himself offensive to Mr Caldwell, and for that reason he was put by himself. The man was not under punishment at that time. He told witness that he had been subjected to the treatment because he refused to give evidence that Mr Caldwell desired him to do. Prisoner Moffatt was not treated like the other prisoners; there was a marked difference in his treatment. He was allowed a knife and fork to his food, and was put to no work. He was given the newspapers to read, while other prisoners complained that they would be punished if found with the papers in their possession. The prisoner Beid was a very excitable man, and had threatened to Mil the gaoler if continually annoying, irritating and nagging him. He never divulged what the prisoners told him. Mr Caldwell had suggested that he should do so, but he had refused. There seemed to be a pernicious Bystem of spying in the gaol, a man watching his fellow prisoners, and officer watching officer, and communicating with Mr Caldwell. He (witness) had reason for believing that when speaking to prisoners he was watched, and the conversation communicated to the gaoler. As no complaints had come from the matter, he thought that the Commissioners must be satisfied that nothing improper was said or done. He had thought of bringing the matters he had mentioned under the notice of the Minister for Justice, and he took counsel of some gentlemen, who said, that to do so would not only be hopeless, but make things worse. Before he entered on his duties, a friend said to him," Mr Caldwell is the Lord God of the gaol." That he heard to be Mr Caldwell's position all along. His power had been immense. It was because the gaoler had such a strong party—if he might use the word—in the prison, that he felt that any action on his part would i be utterly hopeless. Witness was then asked as to why he did not complain to the Visiting Justices, and he said: I never ■ felt myself brought face to face with the question of the Visiting Justices until Mr I Caldwell's time. I never thought of bringing the matter under the notice of the Government. As to the Visiting Justices I don't think they would ever have thought of interfering in the matter, and I did not think the matter of sufficient importance to bring under the notice of Government. It never occurred to mc. Witness went on to say at different times he had consulted with his friends, including people in good

positions, and stated the case to them. They had replied, "Here is Mr Caldwell, a valuable Government servant, who you say is doing these things; can you prove that he does. If you can't prove you will will only make matters worse. You will go to the wall and get credit for being an officious gaol chaplain of a humanitarian kind," and he (witness) knew from his reading, in connection with gaols in different parts of the j world that that had been invariably the! rule. Chaplains were looked upon by those in power with jealousy, as intermeddling and officious, taking notice of trumpery things and making much of them. A feeling of utter helplessness and impotency prevented witness from taking action with regard to the matter.

The Commissioners stated that Mr Stout would have an opportunity of questioning Mr Torrance at a later stage of the inquiry.

Thomas William Tait (a prisoner in Dunedin gaol) stated—l shall be here twelve months on July 18th. On the night of June 19th I sent in a statement, in which I made complaints regarding my treatment in the gaol. The statement was read, and from it I make the following extracts : — Witness complained that when first he was received into the gaol he was put on half rations; then he was sent to Port Chalmers in charge of principal Warder Duncan, but he was unfit for the work. He complained, and was brought before the gaoler, who called him lazy, and said that he had too much tongue. Warder Duncan then run him into a cell, and he was again put on half rations. On the 18th August last he was again charged by Duncan with idleness, and when he stated the facts to the Magistrate before whom he was taken, he got seven days' additional confinement. On Oct. 14th he was pulled up by Warder Morrison on a charge of insubordination and idleness, and got seven days' solitary confinement, and was fed on bread and water. D. V. Stuart, of Tuapeka, then a prisoner doing two months, could prove that this was a manufactured charge. Witness sent for his wife, but the gaoler called him into his office before he saw her, and told him not to say anything with regard to his treatment. He had to complain of receiving punishment which he did not deserve, and he asked the Commissioners to inquire into his case. He could get no satisfaction from the Gaol Surgeon (Dr. Burns). At this stage the inquiry was adjourned until Monday, when it is understood that Mr Stout will be in attendance.