THE DUNEDIN GAOL ENQUIRY.

Timaru Herald, Volume XXXIX, Issue 2766, 4 August 1883, Page 3

THE DUNEDIN GAOL ENQUIRY.

(By Telegraph.) Dhmbdin, Aug. 3. The principal evidence nt the gaol onquiry to-day was given by Measrs Brown and Logan, Visiting Justices. In Mr Brown's evidencs-in-cbief he said : It is not true that Mr Caldwell influenced the Jußticos m the amount of additional imprisonment to be inflicted. Mr Caldwell merely conducted the inquiry into the charges and the prisoners wore allowed to ca'l what witnesses they desired. While tbe Visiting Justices were considering the case, Mr Caldwell always retired to tho window. He never directed us m deliberations. Mr Caldwell often said he had no wish to have the prisoners further punished, but that he considered it hia duty to bring the complaints forward. It was a frequent occurrence to hoar cases and make up our minds, but to defer decisions until we saw how the man conducted himself. This waa repeatedly done at the instanoa cf the Gaoler. The punishment book would therefore not show the date on whioh the charges were hoard. No entries were made until tho date of punishment, a month elapsing m some oasee. Mr Solomon : Now, what has been your experienca of tbe management of the gaol under Mr Caldwell F Witness : My experience of Mr Caldwell'e management of the gaol is thnt he was an attentive and faithful public servant, and I never observed any improper conduct on bis 1 part. Mr Bolomon : Did you know anything of any system of espionage that went on m the gaol ? Witness : I was not aware that anything of the kind was m existence. I was aware that Mr Caldwell exorcised hia discretion m giving brandy to prisoners. That was a matter for the doctor entirely, and I saw no reason to interfere. Mr Solomon asked that as Mr Brown was m ill-health, the Commissioners should defer the cross-examination until Mr Logan was examined, and pot the quest ions to him. Mr

Logan would speak on exactly the Bams linei Mr Whitefoord : Th«t is objectionabl< because it would destroy to a great nieaaur tho T.iluo of Mr Brown's evidence. Captain Hume : You and Mr Logan lent i complaint to the Qovernment respcctinj Bernard Gray's cnse, and stating that 01 usking tlist Mr Watt b» allowed to inquin iulo his c«Bp, he had acted contrary to tbi prison regulations. Again, on October 10th you said that I was causing a great deal o: insubordination amongat prisoners. Was the opinion that you arrived at m this lattei tejcgratn founded on what you yourself ob. served m tho gaol, or from any information received from Mr Caldwell. Witness : Principally from information 1 recsivod from Mr Caldwell, who was undci the impression that the officers were inclined to treat him with indifference. Captain Huuio : You reoiombor that at my request you assisted me on September 23rd m an inquiry into Warder Noonan's conduct, and tint ttftor ooh witneis was examined I asked if you had any questions to put ? Witness : Yep. Captain Hume: Directly afler that you telegraphed to the Minister for Justice that it was a hole and corner enquiry, and not exhaustive ? Witnesi: Yea. Captain Huino : Will you tell me m what way it was ntt exhaustive P I hare been adjutant of a regiment for fifteen or sixteen years, and have prosocuted 600 or 600 court martinis, and it is a serious charge against me to say that I could not examine four warders. Witness : We were under the impression lhat we had no power to inlerfere, and also Lhat you had no power cither. The telegram was written by Mr Logan, who will explain it. Mr Whitefoord : Kren though you conlidered Ilia enquiry was irregular, that would not make Captain Hume's conduct unfair, though you did not wrjro the telegram, jou ligned it and agreed with the proprioly of lending it. Witness : I cannot recollect the eircumitauces which induced us to send th»t telegram. Mr Caldwell was not consulted before he telegram wag cent. Captain Hume : You charge me with interrinwing prisoners m private. Do you know he Kngii-k system ? Witnos» : No. Captain llume : You telegraphed also that [ win destroying the discipline of the gaol. Witness : Our impression was that interviewing prisoners privately might have that iffect. Captain Hume: Then your impressions were nover realised. ] Witness: I cannot point to any particular instance. I was never present m the gaol when a conversation look place to the effect that there would soon be a ohango of Ministry, and thut then Captain Hume would bo paid off and sent about his butiness 5 also, that when Mr Dick was out of office Mr Torraucn would not hold his head so high. I Mr Logan, m his evidonco-in-chief, said : I When I was m tho gaol everything seemed to be correct. I never taw anything particularly wrong. I have told Air Cildwell not to use more force than was necessary m removing a prisoner, and once or twice had to cheok him for apenking loudly t0.,, a prisoner. I htiTe never seen a prisoner struck or knocked about. I do not recollect any complaints by prisoners that warders struck them. I cannot reoollect it beiug called to my notice that Rogers was ill-treated. I would not have allowed a sjstera of espionage. Prisoner Moffat was very excitable, and I had « great deal of trouble with him. He ought not to have boen allowed to go at largo with other pri. •oners, and I spoko to Dr Burns as to the propriety of sending him to the Asylum. He was kept m a cell and treated m an exceptional manner. Mr Caldwell spoko to mo about giving him nowspspern, and I said I thought it would do him good. Prisoner Reid was a nervous man and felt bis position keenly. By my p.<rimiiion h« got the Church of England Xemspaper. I r*ther encouraged some slight irregularities m his cato. lie was a literary man, and to^k great interest m Volunteer matters. In tho punishment of the men brought before me, I conducted myself m tho same way as I would on tho Bench. Mr Caldwell never presumed to offer his opinion on the c»so before wo came tj a decision. No obstacles were thrown m Iho way of a prisoner m calling evidence for his defence. After the caso was over we asked the prisoner to rotire and then enquired from Mr Caldwell how many marks the, man had, or if he had had any tobacco. Mr Whitefoord: Thcso were questions which could havo been pnt to Mr Caldwell whilo tho prisoner was present. Witness : Yes, but then we had to consult on tho ci«e. Mr Caldwoll did not press for punishment, lie often said, " I don't want to press the casa if tho priioner will only go on reasonably." We would gonerally hear charges and then dofer decision until we saw how tho men conducted themselves. The rule invariably was to havo tho punishment book written up every week. I am almost certain that it would bo impossible for a priioner to have been charged with an offence six weeks after its commissioa. I cannot recollect any charga being preferred six or eight weeks after the date of the offence. If it was I could not have passed it by. I cannot understand the entry m the bj ok that a man was seemingly brought up and punished sit weeks after the offence was committed. The charge night have been preforrod, and tho hearing postponed. Mr Logan's cross-examination by Captain Hume was deferred. Mr Mallard, formerly Inspector of Police, who had given evidenco m the morning, handed m the following m the afternoon: — "If m order, I should like to add the following opinion to my evidence as given this morning : ' The more the publio know of the working of the Gaol and Police Departments the better for those Departmontr, and the better for the public, and further, m the end I don't believe any harm to discipline will ensue from the evidence adduced at this enquiry. As an old naval trained disciplinarian, I am templed to express the above opinion.' " Mr Whitefoord said that the Commissioners we.ro thankful to receive the opinion of an experienced officer, and one which confirmed their view, that the enquiry should be a public one. Dr Burns, medical officer, a'so gave addi* tionnl evidence, favorable to Mr Caldwell's management, and denying staUment* about the ill-treatment of Garrett and other prisoners. It is now expected the enquiry will end on Tuesday.