A PRISON-A HOME. DO LONG SENTENCES DETER CRIME ?

Otago Witness, Issue 2080, 4 January 1894, Page 21

A PRISON-A HOME. DO LONG SENTENCES DETER CRIME ?

(By Fiat Justitia.)

Following the course of justice for the past 12 months in New Zealand, it struck me very forcibly that sentence of two and three years at the judges' hands were as glibly and unthinkingly pronounced as the ordinary Jay Pays' " 20d, or 14 days." Referriug to the late sentences of judges both in England and America, I found that the tendency has been to considerably shorten them, and the reason given for so doing has been that after years' experiences a short sentence has invariably, to a first offender, been a greater punishment than a long one. To a lay mind this seemed so paradoxical that I determined iE possible to have the opinion of one who has "done time" — not the "old" offender, who snivels to the prison chaplain about "the police won't let a fellow hern a 'onest livin'," but one who had fallen for the first time. As the chance only offered itself to me recently, and as the account of treatment received (which was confirmed by other means) so astonished me as to a gaol existence, I give it as it was told. After recovering the surprise of an accidental meeting of a once well-known individual in Glaegow street, Opurhirihirichowchow— right, as I might say, on tho top of my cogitations as per heading— the first question I put was, "Which has the most deterrent effect on crime — a long or a short sentence ? " •• Short," was his emphatic reply ; " and," continuing, ' ' I'll tell you from my own experience why I think so, But as it will take some time, I'll meet you this evening and tell you." Needless to say the appointment was kept, and my visitor plunged in medias res'. "A short sentence," he said, " enables a man to leave prison while the disgrace and remorse is still an open wound to him. He feels, though having deserved punishment, yet his fellow man has been lenient to him ; thus he goes out with charity in his heart and a determination to retrieve himself. Let him be sentenced to a lengthened term, and after a time he begins to consider himself harshly dealt with. His better nature vanishes, and as time wears on a spirit of vindictiveness arises, and a callous indifference to right and wrong is nurtured to that extent that unless a kindly fate comes to his aid he never feels sure of his future footsteps." A painful, thoughtful pause ensued, after which I said, " But justice must be done ! " "Justice! justice! justice! — Where is it to be found ? " he fiercely asked, and more calmly .ejaculated, " Justice could be balanced aright, but it hardly ever is. There is without doubt ' justice ' for the rich and • justice ' for the poor. The prisoner is too much at the mercy of the state of the judge's stomach and liver, or the prejudices he may have to the counsel engaged, or he may have a stereotyped sentence for certain crimes without any consideration as to the surrounding circumstances. There is one remedy which I hope to see: it lies in the establishment of a court of appeal open to all sentenced prisoners free." As he got rather excited on these debatable points, and wishing to hear what life in the prison he resided in was like, I suggested a cigar, which was accepted and enjoyed. A sudden, hearty burst of laughter, such a one as I have often heard him give, told me some funny episode was forthcoming, and he ejaculated, "You wouldn't believe, but I'll tell you right from the beginning." And here is his tale :—: — 1 "I need not relate to you the date or circumstances under which I was condemned to pass a term in her Majesty's gaol at , but, as I said, we will start from the beginning. I will commence with the Police Court. When arrested I was searched and placed in a cell 6ft by 4-ft. A mattress, smelling vilely, was given to me, together with a pair of blankets that had to be tied together to prevent them walking off themselves, for there was enough animal life in them to do so. Not a wink could I sleep through the activeness of these loathsome insects. My cell was tumbling to pieces with age, and an enterprising man could easily have made his escape. The janitor or watchhouseeeper, a retired policeman, was as ugly and morose as it is possible for man to be. Yes, I could have a wash and breakfast if I * choosed to pay for it.' He also offered to go any message required, but he 'was not going to work for nothing.' He made one poor fellow pay half-a-crown for going 50 yards with a message to his wife, and he was only a poor 'drunk,' discharged before his wife arrived. Well, I was taken before the magistrate and duly remanded. In the course of the afternoon I was sent through to the gaol. And here I may as well say that the building was divided into two parts— a house of correction, in which all men sentenced by the magistrate served their time, and the gaol proper, where those sentenced by the judge served theirs. "After being duly searched and • described,' l was sent to the remand yard. From the first the air of sympathy that seemed to surround the place struck me forcibly. I was asked would I like to have anything to eat, had I a pipe and tobacco, or if not would I like to smoke ? I could not eat ; so I smoked. The rules, which were hung up in the yard, were plain and emphatic, and he would have been a fool indeed who would have broken one of them. I was first shown my cell, which, in contrast to the one I had just left, was a ' City Hotel bedroom ' — a bedstead, with flock mattress, clean blankets, rug, and a little bit of rug to act as a carpet alongside the cot. Tea was the next excitemen^. This consisted of half a pint of black tea, sweetened, but without milk, and lib of good dry bread. A pipe until 6 o'clock, then •answer to your names,' and bed. Next morning the rising bell rang at 5.30 and your cell door was unlocked. By this time you had to have your cot made up • as per regulation ' — the mysteries of how to keep I was duly shown. Into the yard you stepped and performed your morning ablution at well-arranged wash places. At 8 breakfast was served — hot 'skilly' (i.e., boiled oatmeal with a little flour added) and lib of dry bread. Noon brought dinner — a joint of either beef or mutton, which was equitably carved by the ' father of the family ' (the oldest member of the yard), and plenty of potatoes, preceded by fairly good broth. Tea for tea, as stated before, completed the day's diet. On week days the dinner consisted always of boiled meats ; on Sundays there was roast beef and baked potatoes, and in lieu of soup a half-pint of tea. As those on remand were allowed to have anything in reason sent in to them, an interchange of butter, jam, and various other delicacies kept up a 'well-kept table,' besides having some to spare, which was without subterfuge handed to the ' men in the next yard,' who were sentenced men. Beyond Wednesdays and Saturdays, when the cells, mess-room, tins, knives, and forks had to be cleaned, there was an absolutely idle life, which to an active man was the worst portion of the time. Well, one day was very much like another in that yard. The only real bib of excitement occurred the day before the sessions. On the elate, in the messroom the 'handicap' was

drawn. A chairman wus appointed, and after 1 listening to the merits of each case he would put down, say, «Tom Sjaith, two years.' As ib happened, Smith did get two years, and out of the dozen to 'go up,' iv only three instances did tho handicap err. It was iv a certain degree amusing, and yet painful, to watch the varying ohanges of the moods of the occupants of tho yard on this day. Here, one sitting in silence, conscious of his guilt, hoping against hope, thinking of wife and little ones to suffer, and with a sigh betokening the inward gnawings at his heart. He .rises slowly up, and, with downcast uead, paces slowly to and fro, unconscious of his surroundings. His all-absorbing thought, how long will ho have to serve ; and, as i£ overcome by his own estimate of time, he sinks down again a helpless heap of agonised humanity. There, another, with a hope of leniency, telling with airy indifference that Jones will get five years. Others, more or less thoughtful, making sickly jokes, in groups, to hide- their own misgivings. Apart again, two old offenders rehearsing what they will say to tho judge, and the questions they intend to propound to the witnesses, especially the police. " Of course there was not a guilty man in the crowd. " The following day told the tale. The man that was going to plead ' not guilty,' and crossexamine the witnesses in a manner that would put Sir Charles Russell to shame, when in the dock, before the awful majesty of wig and gown, almost inaudibly said 'Guilty.' And so the expectations and disappointments caused, iv doubtful faith (in some instances), congratulations or sympathies to each as was thoughts merited. "As individuality is out of the question. I j must now generalise my friend's statement. "The following morning we were paraded before the governor who informed us of ouc sentences and apportioned us to the varioutt departments to work out our time. We wero then marched off to the bathroom, where all were refreshed by a good bath heated to our own fancy, after which our own clothes were stored away and we were numbered and dressed in the prison garb. The underclothing consisted of good woollen stockings, flannel vest and pants, outside of which was a dark grey tweed Buit consisting of short jacket, waistcoat, and trousers, in good order but not new, and blue check handkerchiof ; and a cap with our respective numbers on completed the outfit. Needless to say the outer garments were not exactly a Princes street cut, and notwithstanding our positions the metamorphosis caused hearty laughter at each other's expense. A month or so later on the garments were made, at the hands of the gaol tailor, pretty nearly presentable, and although clean shaved the generally cadaverous appearance of convicts was absent. "The daily routine now was : Rise, 5.30 a.m. ; to work, 6 to 8 a.m. ; breakfast and smoke till 9; work till noon, then dinner and smoke, followed by work again from 1 till 5 p.m. At 2.30 p.m. afternoon tea was served all round while work was proceeding — a luxury highly appreciated. From morning until night the whole thought of the governor seemed to be, How can I make these men retain their selfesteem ? He knew that once that was lost reformation need not be looked for. And this accounted for the indulgences given. Every man was allowed one quarter of an ounce of tobacco daily, which was only stopped for misconduct or by order of the doctor. On Saturdays work was suspended at 12, the most of the time being occupied in bathing. The bathß, each enclosed and separate, were most complete—hot and cold water laid on ad lib., a clean roller towel provided, and a piece of Brussels carpet to step out on. In the atternoon books were taken out of the library, and exchanges made for the week. Choir practice was held, and a general air of rest and cleanliness pervaded the whole place. In the evenings a few oE the best-conducted men were assembled in a room, and a concert held till 8.30 p.m. On Sundays a service for each denomination was held in the church in the morning, and in the afternoon a service of song was rendered by an . outside choir. On high days and holidays sports were improvised and carried out iv tho largest yard. There were - flat races, three-legged races, potato races, egg and spoon races, cakeeating contests, and various other items, finishing up with a nigger entertainment. All these were carried out by a larga body of men overlooked by only three warders. Not one single disturbance ever took place. The constraining influence being the thought that they would rather almost dia than by word or deed offend the governor, who. they felt, while a disciplinarian was also their friend. By his very acts of kindness the worst characters in the gaol were subdued into submission, and many men declared they would not return after discharge, having once promised him to turn over a fresh leaf. If," continued the narrator, "one man can influenca moral character by sheer kindness and a commanding of respect such as he holds, why cannot the whole powerful machinery of justice find some other method of reforming the

criminal than by sendiug him for long periods j to nurse innate bin, and be ultimately sent forth an Ishmael on Society ? "