PUT ON BREAD AND WATER

New Zealand Herald, Volume XLVIII, Issue 14809, 12 October 1911, Page 9

PUT ON BREAD AND WATER

A RECALCITRANT PRISONER.

ASSAULT ON A WARDER.

SIX MONTHS ADDED TO SENTENCE.

Ox Wednesday last an investigation was commenced at Mount Eden Gaol by Mr. E. C. Cntten, S.M., into a charge of as-

sault upon a warder named Robert W. Thompson by a prisoner named Frederick Logan. At that hearing of the matter the prisoner asked that the charge should bo heard in open Court, arid his request, was acceded to. As a result, the investigation was continued in the Police Court yesterday afternoon, when Mr. T. Poynton, governor of the gaol, appeared to conduct the prosecution. The prisoner, who is a powerful young man, appeared in the dock in custody of two warders. He was attired in prison clothes and. was manacled. His first question to the magistrate was as to whether he could be represented by counsel. His Worship replied that the Act made no provision for the granting ot such a request. The accused man was sent to prison to 6en."o a f ,»ur years' sentence for the commission of a series of thefts. On one

occasion he struck c warder within the precincts of the. Police Court, and in February lacfc he was brought before Mr. Cutten in the board loom at the gaol on another charge of assaulting a warder by striking him with his fist. For this offenoe six months, were added to his original sentence, and he was deprived of 1 certain good conduct marks. The present charge against him was that he had assaulted Warder Thompson by striking him with & wooden " straightedge." From the evidence it appeared that on September 27 prisoner was em* ployed in the stone-cutting yard working at his banker"a large fiat stone table, upon which small blocks of stone are dressed with hammer and chisel. He held up his hand as a signal that he wished to retire, and the warder nodded assent, but Logan attempted to leave the yard amongst a group of other prison ere, who were being taken to the hospital. The warder recalled him to his work, and told •1. he should not have left the yard without permission, when Logan became abusive, and remarked, " This is another dirty one on your part." ' Thompson ordered ( him to put on his coat and "go below, viz., to the punishment cells, and Logan picked up his " straight-edge" 1 and struck ; the warder on the shoulder and arm. Ihompson closed with him, and knocked him down with his baton, when he was secured, after vainly endeavouring to kick the warder, and to get other prisoners to come to his assistance. ' A number of witnesses— and prisoners— gave evidence in support of the charge, and Logan also called some prisoners, who agreed with his statement that Warder Thompson was continually annoying, tantalising, and threatening him, and finding unnecessary fault with his work; in fact, bullying him to desperation. Logan gave evidence that he had reported tlii6 conduct ,to the gaoler, and asked to be taken out of Thompson's gang, but so soon as the warder heard of this report, which was on the morning of September 27, Thompson came up to him when working at his " banker," poked his baton in his face, and said, " I'll teach you to tell yarns to the gaoler I'll flatten you!" He told him to put on his coat and march to the punishment cell below. He replied, " I'll go below when I've committed myself, and not before," and then Thompson (who was described by prisoner as a pugilist) struck him with his fist, used bad language towards him, and then struck him with his baton. Then accused picked up a "straight-edge" to protect himself, but did not have a chance to use it, for Thompson knocked him down with a heavy blow from his baton, and ho was put in the punishment cell. He did _not strike the warder at all, and had no intention of doing so. Having heard all the evidence the accused had to offer, His Worship said he had no hesitation in finding him guilty, and warned him that unless he controlled himself and yielded to discipline he would not only, add indefinitely to the length of his sentence, but would eventually find himself in a lunatic asylum. His reasonable demeanour before the Court and in his conduct of his defence would be taken into consideration; nevertheless, a severe sentence would have to be passed. It was seven days' bread and water, and an addition of six months' hard labour to his present sentence. .