REFRACTORY PRISONERS.

Press, Volume LIX, Issue 11339, 31 July 1902, Page 2

REFRACTORY PRISONERS.

CHARGED WITH ASSAULTING A WARDfcK. At Lyttefton yesterday, the *hr«e prieoii- **** Joseph Mason Foggan, James iJuros, ana unuer sentence in Lytwftoo, were charged with having assaulted •£*? CIUDg - Burcs in » charged withi having assaulted Warder Murray. iar I f J sf th * n » presided. They pleaded "Sot gurity , on all the chs-rgets. Michael tfieary, Governor of the Gaol, deposed that on tha 19th of tiue present Jnontfi Burns was brought before the visiting -Justicee by Warder Ching, for having torbidden artacies in his possession, and for disobedience and threatening language, he was sentenced to three days' solitary confanement, and to forfeit 48 marks. Warden thing and Lodge were ordered to take him to ar solitary .ccii. On the way Ching was asaauted by Burns- Witness then detailed ,what toot place, as already published. *£ Warder fhing deposed feat he reported Burns for threatening Language. The witness corroborated the previous evidence, aod. detailed the assaults. Foggan struck him-.on the left eye, and Burns and Foggan struck him several times about the head. After he received a blow <m the left temple witness wae slightly stunned, and did not know how many blows he had received. His upper lip -was cut and a front tooth loosened and broken. A large lump was on the back of his head, and his left eve was blackened. He had bsen off duty four days attended by Dr. Pairman. ""Warder Murray deposed that Heatley Ttad seized his baton, saying, "You will cut A-ataa-'s head open with that." Heatley—"l" had my arm lifted, but was not witJiin striking distance." Dr. Pairman deposed that he attended Warden Ghing, and detailed the injuries he had received. The Gaol Governor stated that Foggan wae dioing a cumulative sentence of twelve years, and had served 7£ years; Burns was serving a sentence of 14 years, and had served one year; Heatley "was serving 2£ years, and had served about 2 years. Foggan was sworn, and deposed that ehortly after two o'clock on the 19th ha was standing with other prisoners near the Gaol bathroom. Warder; Ching came over and spoke to Heatley, who had just come out from the visiting justices. Ching asked who was sitting. Heatley said only one, Mr Hamilton. Ching said, "That's a good thing; we'll fix him to-day." Shortly after Burns was taken in, and" a prisoner caOed Lee asked witness to walk on the ring. They had walked around once or twice when Warders Lodge and Ching brought Burns out. and Burns said, "1 have got tTiree days." Ching pushed Burns and said, "I'll give you something when I get you into the solitary." Witness stepped to the edge of the ring and said, 'Til take you before the gaoler." Ching pushed witness on his knee, cutting the skin and tearing the trousers. Ching was drawing his baton, and witness closed with him to prevent him. At the same time a crowd of men rushed and surrounded them. Witness heard someone call Ching a coward, and someone struck Ching over witness's shoulder. Witness put himself under the gaoler's protection. Witness since then was locked in solitary dark celts for eleven days. Witness remembered, pushing M» Manning back. Witness was to be discharged in four weeks' time, after serving , 1\ years. Mr Cleary said Foggan would have got out about August 17th. Burns gave similar evidence to that given by Fofffjan. To Mr Clea.ry—lt was not arranged that the prisoners should attack the warders ff I was sentenced to solitary. Heatley also gave similar evidence. The men were aErcravated. China; and Lodeo were "Ejaol 'bullies." The lights had been etonped for eight niirh&s. Some sixteen prisoners were caKed, and gave evidence for the defence. Mr Cleary. in reply to the Bench, said he had recedved only one complaint against Ward?r Lodge, who had d-e-nied its truth. He had never heard Warder Ching speak to the prisoners in an improper manner. His Worship said it looked very much as if there was some truth in the g-aeler'e idea that this was a preconcerted business, as it was evident t here was in the gaol a very strong feeling against the two warders. On their own showing the accused had dome very wrong. If the warders acted inroroperly prisoners should have complaSied to the gaoler, instead of interfering and causing a serious disturbance. Discipline must be maintained, and the warders were quite justified in drawing their batons. He was not. there to speak of the internal economy of the prison, but foe thought it highly probable that there would; be a very exhaustive enquiry into the relations of these two wafers with t-he prisoners, and he would make it his business to recommend that this should be done. It would, however, never do to permit such conduct as that of the accused, who would e&eh be sentenced to lose marks equivalent to six months.