COMMISSION OF INQUIRY INTO DEATH OF PRISONER WILSON (REPORT OF).

Appendix to the Journals of the House of Representatives, 1880 Session I, H-14a

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1880. NEW ZEALAND.

COMMISSION OF INQUIRY INTO DEATH OF PRISONER WILSON (REPORT OF).

Presented to both Houses of the General Assembly by Command of Sis Excellency.

Appointment or Commission, (1.5.) Hercules Robinson, Governor. To Alfred Rowland Chetham Strode, of Waikouaiti, Esquire; and William Lawrence Simpson, of Dunedin, Esquire —Greeting: Whereas it is expedient that a Commission should issue for the purpose of inquiring into the circumstances attending the death of one John Wilson, late a prisoner in the public prison at Invercargill, and who died therein on about the fifth day of April last past, and for other the purposes hereinafter set forth : Now, therefore, I, Hercules George Robert Eobinson, the Governor of the Colony of New Zealand, in pursuance and exercise of every power and authority enabling me in that behalf, and by and with the advice and consent of the Executive Council of the said colony, do hereby appoint you, the said Alfred Rowland Chetham Strode and William Lawrence Simpson, to be Commissioners for the purpose of inquiring into all the circumstances attending the death of the said John Wilson as aforesaid, and the causes which led thereto ; and particularly to inquire whether there was any improper treatment or neglect of the said John Wilson by the keeper of the said prison at Invercargill, or any of his officers or assistants, or by the medical officer of the said prison, during the period the said John Wilson was confined therein; and generally by all lawful ways and means to examine and inquire into every matter and thing touching and concerning the premises, in such manner and at such time or times as you may think best; and Ido require you to make and hold such inquiry at Invercargill aforesaid, and either in the said public prison, or in such other place at Invercargill as you shall deem most expedient: Provided that any such inquiry may be adjourned by you from time to time, or from place to place, at Invercargill aforesaid. And you are hereby authorized and empowered to have before you and examine all books, papers, and writings whatsoever which you shall deem necessary for your information in the subject-matter of this inquiry ; and also to have before you and examine on oath or otherwise, as may be allowed by law, all witnesses and other persons whom you.'shall judge capable of affording you any information touching or concerning the premises. And I do further require you within six weeks from the date of these presents, or as much sooner as the same can conveniently be done (using all diligence), to certify to me under your hands and seals your several proceedings and your opinion touching the premises. And I do hereby declare that this Commission shell continue in full force and virtue, and that, subject to these presents, you, the said Commissioners, shall and may from time to time proceed in the execution thereof at such time or times as aforesaid as you shall judge convenient. As witness the hand of His Excellency the Governor this twentieth day of June, one thousand eight hundred and eighty. ~W. RoiLESTON. Approved in Council. EORSTEE GoEING, Clerk of the Executive Council.

The Commissioners to the Hon. the Ministee of Justice. Sic, — Dunedin, 3rd August, 1880. We have the honor to hand you our report to His Excellency the Q-overnor in reference to the Commission addressed to us of date 29th June, 1880, with the evidence taken by us, and the copy of the proceedings before the Coroner. I—H. 14a.

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There is one matter which came under our notice in the course of the inquiry which wo deem it our duty to remark upon, although not strictly within the scope of the Commission issued to us. In the evidence of the gaoler, Mr. Eraser, it will be seen that from the 27th January to the 27th April last the gaol at Invercargill was not visited by any Justice of the Peace, and likewise prior to the latter date no visit was made since the 19th September, 1879. This would, in our opinion, account in some degree for an inclination to a laxity of discipline observable in the prison. We have, &c, A. E. Chetham Strode. The Hon. the Minister of Justice, Wellington. W. Lawbence Simpson".

CoMMISSIONEEs' EEPOET. To His Excellency Sir Hercules George Kobekt Robinson, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief of the Colony of New Zealand. Mat it please xoue Excellency,— In obedience to your Excellency's Commission, dated the 29th day of June, 1880, appointing us to be Commissioners for the purpose of inquiring into all the circumstances attending the death of one John Wilson, late a prisoner in the public prison at Invercargill, and who died therein on or about the sth day of April, 1880, and the causes which led thereto, and particularly to inquire whether there was any improper treatment or neglect of the said John Wilson by the keeper of the said prison at Invercargill, or any of his officers or assistants, or by the medical officer of the said prison during the period the said John Wilson was confined therein, we have the honor to state that on the 15th day of July, ISBO, we proceeded to Invercargill, and on the following day in the prison at that place we commenced our inquiry in terms of said Commission. We examined the keeper of the prison, the surgeon thereof, the medical man who made the post-mortem examination, the warders of the prison, and five prisoners in said prison : these, we ascertained, would exhaust all the evidence then available. Upon considering the evidence and papers we arrived at the conclusion that there had been no improper treatment or neglect of John Wilson by the keeper of the Invercargill Prison, or any of his officers or assistants: indeed, we rather inclined to the belief that kindness and consideration was extended to the prisoner by the gaoler and his officers, for, although pronounced by the medical officer of the prison a malingerer, he, the prisoner, was not treated as such. He was neither punished nor sent out to labour ; and the evidence of all the prisoners tended to confirm the view that nothing but kindness had been extended to prisoner Wilson by the keeper and his officers. With reference to the treatment of prisoner Wilson by the medical officer, we have to state our conviction that he spared no pains to discover the real malady from which the prisoner was suffering, and that the prisoner was not subjected to any ill-treatment or neglect at his hands; but we nevertheless think that on the 27th March, when he pronounced the prisoner in the Medical Officer's Book to be a malingerer, he had scarcely data to express that opinion so decidedly. We would hero repeat that no punishment resulted to the prisoner from the opinion expressed. It may be to be regretted that the medical officer did not discover during the life of this prisoner the actual disease (anginapectoris) from which he died; but from the opinions of the medical men who were consulted, and of Dr. Hanan, who made the post mortem examination, the disease seems extremely difficult of detection unless the patient is seen by the medical man in the actual paroxysm of pain, in which state on no occasion did the medical officer see the prisoner. The medical evidence discloses the fact that the disease is an incurable one, and the opinion that the prisoner had suffered from it for a length of time. From a review of the whole circumstances we are of opinion, as borne out by the evidence, the whole of which accompanies this report, that no different treatment from that he experienced could have prevented the prisoner's death ; but that if the prisoner had complained sooner, and if the medical officer had discovered the real malady, it is possible that the prisoner's life might have been prolonged -a short time. And this we respectfully certify to your Excellency as our report. We have, &c, A. E. CIIETHAM STEODE. Dunedin, 31st July, 1880. W. Lawbence Simpson.

Minutes of Evidence in the matter of John Wilson, Deceased, at one time a Prisoner in Gaol, Invercargill. Evidence of Witnesses examined at Inquiry. William JFraser, sworn: lam Gaoler at Invercargill, and I knew John Wilson, who was received into the gaol on the 28th March, 1879, on remand, and on the Ist of April, 1879, was committed for trial, and on 21st of same month was tried and convicted by the District Court and sentenced on two charges of false pretences to two years' penal servitude on each, sentences to be concurrent. To all appearances he was in good health when received, and did not complain of ill-health for six weeks after he was sentenced. At that time he came round to me —to my office —and said, in answer to my inquiries, that he did not know if he suffered palpitation or disease of the heart. I suggested to him that ho should see the doctor, and he said there was no occasion—" If you give me a dose of medicine it will set me all right." I gave him a dose of house medicine—that is how it is called. The prisoner took the medicine in my presence. He subsequently applied at intervals for medicine- —I would say three or four times before the doctor saw him for the first time. I always gave him the same house medicine on each occasion. The first special visit of the doctor to prisoner Wilson was on 3rd September, in answer to a request by prisoner to "see him. The prisoner from the time he was received up to 3rd September was always at hard labour, and never complained of the work, nor were there complaints of his not doing the work, and he did not complain of being ill further than what I have already stated. On the 3rd September, 1879, prisoner John Wilson complained of cough to the

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doctor, as appears by the entry on that date in the Medical Book. The doctor prescribed for him as appears by the book. From the 3rd September to the 4th March following the prisoner made no complaints whatsoever, and went regularly to work, and there were no complaints against him. On the 4th March, 1880, the prisoner came round to my office and complained to me of a pain in his chest. I then said to him that he had belter see the doctor. The time of this complaint was towards shuttingup time in the evening. I sent a note to the doctor that night, and the doctor came the next morning and saw the prisoner^and prescribed for him. I cannot say that I informed the doctor of any previous complaint by the prisoner of pain in the chest. I carried out the doctor's orders and blistered prisoner. Four days aft er the prisoner went to work. The next time the doctor saw the prisoner was on the 13th March, in answer to prisoner's request: he then also complained of pain in the chest. The doctor ordered medicine to be repeated. I usually ask the doctor if a prisoner is fit for work when he has complained of sickness; but I cannot say whether I did or did not do it on the occasions referred to. The doctor did not either on the sth March or 13th March give any directions, verbally or otherwise, that prisoner was not to go to work. 1 believe the prisoner did go to work on the 13th March. On the 15th March the prisoner again applied to see the doctor, and did see him: it may have been that the doctor asked to see the prisoner, as ho often does when a prisoner has previously complained. The prisoner went to work on the 15th, after the doctor saw him. On the 17th March the doctor again saw the prisoner. 1 cannot say whether his visit was at the prisoner's request, or that the doctor asked to see the prisoner. The doctor on this day, the 17th, made what appeared to me a minute examination of the chest—l would say very minute. After the examination the doctor made the entry in the book, " Prisoner Wilson perfectly tit to work." I think this entry was made in answer to a question put by me as to whether the prisoner was fit to work. There were no complaints whatsoever between the sth and 17th March that prisoner did not do his work. I think about the 17th, however, Warder McKillop told me that prisoner Wilson seemed to be in pain : at least, that he stopped work when any one passed, and put his hand to his chest as if in pain, but he resumed work when the person had gone. I then called the prisoner round and told him I did not wish him to work if he was not able. The prisoner went to work after this, off and on, up to 23rd March. On that date the warder (McKillop) told me that prisoner Wilson had stood outside without doing any work for above an hour. I had prisoner called round to the office, and I told him I did not wish him to go out to work, and positively ordered him not to go out to work. The prisoner remained in all the 24th, and in the evening the doctor saw him. The entry by the doctor is, " Prisoner Wilson complains of shortness of breath ;" and a prescription was given. On the 25th, when going my rounds, I found that Prisoner Wilson had gone out to work, contrary to my orders 'i did nothing until the evening, when I called the prisoner and Warder McKillop into the office and asked the prisoner why he went out after I told him not to go. He replied that he would rather go out to work than be inside, 1 told him he was not to go out to work ; and he did not go out to work"again, but was treated in the same way as prisoners awaiting trial or not sentenced to hard labour—tliat is, he got No. 2 rations ; four hours' exercise, two hours in morning and two hours in evening ■ and the rest of time in his cell, in which both bed and blankets were during the day and night. lam positive the. blankets were not removed : at least, they were there when I inspected. On the 27th March the doctor called and asked to see the prisoner, and made a particular examination, and made the entry, " Prisoner Wilson is perfectly able to work, in spite of his complaints of pain m his chest. My firm opinion is that ho is malingering." I made no alteration in prisoner's treatment, however ;he did not go io work. After the 27th the prisoner made no complaint to me, nor did I hear of any made by him ° The doctor did not see the, prisoner again alive. The prisoner did not ask to see the doctor, nor did the doctor make any request to see the prisoner. I saw the prisoner every day between the 27th March and the sth April—the day he died. I visited him on the sth April about a quarter past ten am and he was then in his ceil sitting up in his bed reading a book. He had the bedclothes on. I merely looked into his cell on that occasion. I did not speak to him nor he to me. Nothing in his appearance struck me to indicate any change whatsoever. The dinner is served at 12 noon, and I hoard nothing then of his not taking his dinner. At about 4 p.m. the doctor called on one oi his usual visits and asked if any one wished to see him, and I said, " No," but would he see Wilson? and he went with me to the cell and found the prisoner lying on his side in bed in a perfectly natural way, but dead. Two books were by his side, with his spectacles laid on them. About a week or ten days before the death the night warder told me that he had he awl the prisoner Wilson moan that night. I went along to the cells and listened, but everything was quiet. It was about 10 p.m. the warder told me this. On referring to the Visiting Justices^ Book I find that no Visiting Justice had attended the gaol between the 27th January 1880, and the 27th April, 1880, and the visit immediately previous to that of the 27th January was on the 19th September, 1879. The average number of prisoners during that period was 23 On the 27th March 1 had been down the town, and when I came in 1 found the doctor, Warder McKillop and prisoner Wilson in my room. The doctor was putting questions to McKillop as I came in. They were as to Wilson taking his food. I heard McKillop Bay he would bring round someof the prisoners from the mess-room to ascertain how prisoner was eating his food. Two prisoners—Nathan Potter and another whose name I do not recollect—came round, and I heard them state to the doctor that at times prisoner Wilson not only did eat his own food, but a portion of food left by others. The prisoner did not contradict the statement, and the doctor remarked that he may have gorged his stomach and that might account for the pain in his chest. I must say that, from the time he enured the gaol until the day of his death, I never observed anything in the appearance of prisoner Wilson which would indicate sickness or a suffering from pain of any kind. Horace & Button, sworn : I am a duly-qualified medical practitioner, and I am surgeon to the "aol and hospital at Invercargill. I was 'surgeon to the gaol on 28th March, 1879. i have no recollection of seeing or my attention being in any way called to prisoner John Wilson between 28th March and 3rd September,'lß79. The first entry that I find in reference to prisoner Wilson in the Medical Attendance Book is on 3rd September, 1879. Ido not think I was sent for, but at my usual visit Wilson applied to see me. He was then suffering from a cough. _ I prescribed for him Nothing was said to me by any of the gaol authorities of any previous complaints by prisoner, nor did the prisoner, to my recollection, say anything about pain in his chest on this occasion. I did not again

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see him until sth March, 1880. I had no complaint between the 3rd September, 1879, and sth March, 1880. On sth March he complained of a pain in his chest. I examined him, stripping him for that purpose. I could find no cause to account for the pain, and no indication of disease in the chest. I prescribed for him a blister on the chest —that was all. I saw Wilson again on the Bth March, when he said he was better, and I gave him a tonic mixture. I again saw him on the 13th March. I think he must have applied to see me, most likely at the usual visit. I found him very much in the same state, and I repeated his medicine. On the 15th March I also saw prisoner, when he said he was no better. On the 17th I again saw Wilson, and examined him carefully over his chest, back and front. I could discover nothing the matter with him. I think it was on this date that the warder, McKillop, told me that Wilson did not work as well as the other men—that he stood with his hands on his chest when people, were passing. The question as to his fitness for work was raised by Warder McKillop. I think the warder said he did not want a man in his gang who went and did as the prisoner Wilson did. I think the prisoner said he was unable to do the work. On the 25th March I next saw him, when he complained of shortness of breath. I prescribed for him on that occasion, thinking he might be hypochondriacal. On the 27th March I again saw him and examined him with the same result as before, nothing to indicate disease. On this occasion Warder McKillop, in presence of the prisoner, told me that the prisoner not only did eat his own rations, but also any the other men left : this statement was volunteered by the warder. The warder knew that I did not think there was anything the matter with Wilson. I then made the entry that I thought he was malingering. I visited the gaol on the 29th March, but Wilson made no application to see me. On the 25th April I visited the gaol as usual, and I think the gaoler asked me to see Wilson, and we went to his cell, when we found him lying quite natural on his bed, so much so that I thought he was asleep, and remarked not to wake him up. I think the gaoler went forward and remarked that his forehead was cold, and we then found that he was dead. I would say that he had been dead two hours, as the body was partially stiff: this would be about five minutes past 4 p.m. During the period from sth March to sth April I had not relied upon my own observation of Wilson, but asked the gaoler, Eraser, if he had observed anything to indicate illness in prisoner, and he said not. The prisoner was a tall, spare man, with by no means a look of ill-health about him. I would have taken him to be not more than forty-three years of age, from his appearance. I certainly thought he was malingering, but I find he was not treated as such after I had made the entry of that in the Medical Book. On looking over No. 2 scale, which I am informed the deceased got from 24th March to sth April, I certainly gave it as my opinion that in the hospital he would have got much the same, except, perhaps, the addition of milk. Hard labour would undoubtedly be hurtful to a person in deceased's state. I think between the sth March and 17th I told the gaoler that prisoner Wilson was fit for work, although 1 have not noted it. I came to the conclusion prisoner Wilson was malingering for the following reasons : 1. I could find no symptoms of disease after three careful examinations. 2. The manner and appearance of the deceased gave no indication of disease. 3. I had confidence in the gaol authorities, and in answer to my questions to them they had observed nothing that would indicate disease. 4. I had been informed that he had been disappointed in not getting the position of cook in gaol, which would give some motive. 5. That he took his food well. Angina pectoris did not occur to me. In reference to the post mortem that took place, I desire to say that I did not name any particular medical man to make the post-mortem examination, nor in any way indicated that I had any desire for any particular one. The appointing of Dr. Hanan was made by the Coroner, without reference to me. Arthur Sedgley Hanan, sworn : I am a duly-qualified medical practitioner residing at Invercargill. I was called by order of the Coroner to make the post mortem on the body of prisoner Wilson, and did so on the 6th April. Until I received the Coroner's order I did not know who was to make the post mortem. I got the order on the evening of the sth April. I found the prisoner died of breast-pain, or, as it is called, angina pectoris. Unless the patient is seen in the fit of pain, there may not be local symptoms to indicate the disease. I would say there is no remedy, but quiet and rest is the best treatment. The right coronary artery was blocked by a small deposit in the coat of the aorta, from which the coronary artery arises. The hardening of the aorta was about the size of a split pea. It was so small as not to cause a sound, and so might not bo discovered. The right side of the heart, from having a deficient supply of blood, was attenuated. The left side of the heart was all right. A full pulse would therefore be given at the wrist.-' The body was well nourished. For a man suffering as prisoner was, ISfo. 2 rations were far better than No. 1. No. 1 would be too much for a man not working. It was an incurable case, and only a question of time. Hard labour was against him. My opinion is that the deceased had had the disease for a long time. There were no signs of ill-treatment or starvation about his body. James McKillop, sworn: lam a warder in the Invercargill Gaol. I was so on 28th March, 1879. I knew John Wilson :he was a prisoner in the gaol. He was under my charge from the date of his sentence, 2.lst April, 1879, to 25th March, 1880. I made no report about Wilson until the 25th March, 1880, when I reported that he stood for an hour after dinner, and did not do anything all that time ; he rubbed his breast as if he was ill. I said to the deceased, " You have been standing now for about an hour: if you are not fit for your work you ought not to come out to do it." He then resumed work, and did a little. I heard the deceased telling some of the prisoners when they were engaged in lifting that he could not do that, as he had a weak chest. The prisoner gave the other prisoners to understand he had a weak chest from the time he came into prison. He made no direct complaint to me. I did not think he was so ill as he pretended to be. I never compelled him to work as others, thinking he was not an able-bodied man. 1 had also heard he had been to the doctor. On the 27th March the gaoler was absent when the doctor came to the gaol, and I saw him and mentioned to him that prisoner Wilson had stopped work for an hour and been rubbing his chest on the 25th. He told me to bring him in. I did so. I told the doctor, in answer to a question as to how he took his food, I could bring prisoners to prove that he took his own food and any that was left by others. The prisoner made no remark. I called prisoners Potter and fiobertson; Potter went in and saw the doctor, and he, the doctor, after putting questions to him, said that was all that was requisite. I had

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a conversation with Governor Fraser on the 17th March as to prisoner. I gave it then as my opinion that he appeared to be complaining about his breast, as he rubbed it. Prior to that day I had. seen no indications of the prisoner being in pain ; but of course I had the knowledge that he thought ho had a weak chest. Mr. Governor Fraser gave an order on the 23rd March that prisoner Wilson was not to go out, but I did not think it imperative ; I thought it was only if he did not feel well he was not to go out. On the morning of the 25th I asked the prisoner if he was fit for work, and he said he would rather be out than in. As far as I know, the prisoner always had his bedding and bed in his cell. The prisoners Potter and Robertson had come to me, apparently thinking prisoner Wilson was not so ill as he pretended to be, and mentioned that he took his own food and any that was left. I told them if they had anything to say it must be said to the doctor. Bevis William Carter, sworn :I am night warder in the Invercargill Gaol. I have been so for the last three years. I remember prisoner Wilson. About a week or ten days before he died I heard him groan in. his cell. I went to the door and asked what was the matter. He did not answer. I again asked him, and he said " Not anything the matter that I am aware of." I said ho was groaning, and he said it must havo been nightmare. This would be about 9 p.m. At 10 p.m., when I gave in the keys, I mentioned to the gaoler that prisoner Wilson was groaning about 9 p.m., and told him the conversation. The gaoler and I went to the cell door and listened, and could hear prisoner breathing as if in sleep. About four or five nights before he died, at about 7 p.m., he asked me to get him his spectacles, and I did so, and he appeared well. He was in the habit of reading in bed. He never made any complaint to me during the whole time he was in gaol. I know he was visited by the doctor, but further than that I did not know him to bo ill. The prisoner seemed to enjoy good rest at night up to the day of his death. Frederick Middleton, sworn :lam at present in the gaol at Invercargill. I have been a prisoner for three years. I knew prisoner Wilson. When he first came into the gaol he was a strong hearty man. He did his work the same as any other man. He was a tall slender man with a pale complexion. He did all the work that was required of him while I was on the gang up to January, when I left the gang. He never made any complaint of illness while we were in the gang together, to my knowledge. I became cook in January. About a fortnight before his death he came to the trap window of my kitchen and told me that he felt very bad, and had a pain in his chest, putting his hand on his chest. After supper the warder (McKillop) called prisoner Wilson out and went round to the front, I suppose to the gaoler's office. I did not see him ag;ain in the messroom. I suppose he was in his cell. At any rate, I gave his food to the wardsman (Whiddon), who always attends to the front. The difference between the messroom and the front is that the sentence men are in the messroom, and those awaiting trial in front. The food was taken from me for the proper number of prisoners. Some of it was returned. I surmised that it was Wilson's, because I thought the man was sick. On one occasion I asked the messman (Whiddon) who it was that was not hungry. He said Wilson. I know nothing of my own knowledge of the bedding and blankets being removed from the cell. I spoke to Young several times about Wilson not taking his food. I only once recollect speaking to Whiddon, and that was when I asked who was not hungry. Ido not recollect recommending him to do anything. He was a man I had very little to say to. I did not speak to the warders, or request any one to do it. I might have suggested it to Whiddon, but Ido not remember. During the time he was kept separate from mess I gave him hot water. He asked for tea, but I said he could not get it, as he was not doing hard labour. Francis Whiddon, sworn: lam a prisoner in Invercargill Gaol. I have been in gaol since 22nd October, 1879. I knew John Wilson, now deceased. When I came here first he went out with the hard-labour gang. I think he went out to work for four months or so after I came. I commenced to act as wardsman in December last, and I am still so acting. I never heard Wilson complain. I often talked to him almost every day, until he was knocked off work, two or three weeks before he died. I then heard him complain of being short of breath, and he thought he would not be able to go out with the gang. I don't think he went out to work after that. I took his food to him after he was in his eell —that is, when he stopped work. He sometimes did not take all his meals. I have often taken m extra, such as toast and tea, and he always took that. He has told me that he wished to make the authorities think he was not eating his food, and abstained intentionally from some meals. He said he wished to get an easy job, such as the cookhouse. I thought he perhaps wanted to go to the hospital, as he alluded to it, although he did not say so directly. This was about a fortnight before he died. I attended to him up to the day of his death. I did not tell any of the officials that he intentionally abstained from eating, or that he did not take his food. So far as I know they never knew about it. The prisoner did always eat most of his food. I took back what was left to the cook, but I never told the cook, Middleton, who it was who did not eat their food. Often others than Wilson did not take their food. I took his breakfast on the day he died. He did not eat part of it. This was about five minutes past 8 a.m. At a quarter past 9 a.m. I took a piece of toast and some tea, and he took it. He spoke to me, and thanked me for saving it. I observed no alteration in him that morning. At 12 noon 1 took him his dinner, but as I was in a hurry I did not stop to speak to him, but left it. He was lying on his bed as if asleep. Between 1 and 2 p.m. I went to Wilson's cell and fetched his dishes away, and found he had not eaten any of his food. I did not on this occasion speak to him. He lay in the same position as when I took his dinner to him, but I first thought he was having a good sleep. I did not mention to any one the circumstance of his not taking his dinner. Wilson always had his bed and bedding in his cell. He never complained to me of the harshness of any one, and I often had conversations with him. I think he once mentioned that the doctor did not think he was ill. None of them thought he was ill. I myself did not think he was ill. He said himself to me that he did not think there was anything bad with his inside. On two or three occasions I have seen prisoners give him tea and bread made into sop, and he always took it. I saw prisoner Harbourd give Wilson bread and tea. John Sarbourd, sworn :lam a prisoner in Invercargill Gaol. I have been so since Ist January. I knew Wilson, now deceased. I have heard him say he was not well. This was when he knocked off work the first time. My work is cleaning the brasswork of the cells, and I used to talk to Wilson

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almost every morning. The day before he died lie came into the room where I mind the clothes, and was talking to me, and said he thought he would go out to work to-morrow. I advised him not to, as I said he knew that the last time he went out he got ill, and that he had better wait until he was stronger. He remarked that some of the officers —I don't recollect which he said —had told him before not to go out; that he could stop in if he liked. He did not always eat his food. I cannot say if the officers knew that or not. Ido not think any man could eat all his food when iii the cell. He was treated exactly the same as those waiting trial. I was talking with him the morning he died, between 8 and 10 a.m. He was in his cell. He seemed just the same as usual. After I left his cell he called me back, and I went, and he asked me to get his trousers from the messroom. as ho wanted to mend them, but I refused, as it was against the rules for me to go to the messroom then, not being a sentenced prisoner. He made no complaint whatever to me. I have often given Wilson tea and bread in the room where I mind the clothes. Thomas Edward Armstrong, sworn :lam a prisoner in the gaol, Invereargill. I knew the deceased, Wilson, about two months. I have heard him complain several times of being ill with a pain in his chest. On Sunday, the 4th April, I had a conversation with him. That day I found him lying at full length on the floor of the bathhouse. I asked him if he felt worse, and he said very much so; and he said they would have to carry him out feet 'first before he was there much longer. I asked him if he would have a drink of tea, and he said I should not be allowed to give it to him. I suggested asking the head warder, and Wilson said it was no use, as I should not be allowed. I also asked him if he had not better see the doctor, and he said it was no use —he had seen him, and he told him he was gammoning. He had been complaining almost all the time I had been in. Every one seemed to me to think he was ill. Wilson seemed to blame the doctor for being too hard on him. He said nothing of any one else. Wilson told me one day he knew he had got disease of the heart, as he was discharged from the army for it. Wilson remarked to me that McKillop, the warder, was very lenient. He seemed to feel the want of his tea. Archibald McDonald, sworn: lam a prisoner in gaol, Invereargill. I knew the deceased, Wilson, for a few weeks. I came into gaol on the 6th February last. I was talking to him one day in the yard about a fortnight before his death. He said sometimes he felt right enough, and sometimes he felt very bad. He said the pain in his chest, I understood, came on him very suddenly. I asked him if he complained to the doctor, and he said it was no use, as he would tell him he was only shamming. I asked him how he got on when he went out with the gang, and he said very well, as McKillop got him the lightest work to do. I did not think he was so ill as he said he was. His appearance did not show to me that he was ill. I thought he was a weak man. He was sallow. I did not suppose there was anything seriously wrong. I talked with him from day to day. He never referred to any harsh treatment, or any unkindness from any of the gaol officers. The Sunday before he died I saw him sitting in the bathhouse as I was coming in, but I remarked nothing about him. David Sutherland, sworn : I am a warder in the gaol, Invereargill. I have been so for the last sixteen years. I know the prisoner Wilson. I have frequently seen him in the yard after he ceased to go out with the gang. He never complained to me of being ill. I recollect the Sunday before he died. I saw him that afternoon about 4 p.m. on the doorstep putting on his boots. I saw him sitting on the step of the bathhouse door; and I saw prisoner Armstrong go across the yard to the bathhouse and open the door, and, when the door was opened, Wilson seemed to lie back. It was a very sultry afternoon. Wilson got up after a little and went towards the closet. I saw nothing to indicate that he was suffering in any way. He said nothing to me. I was only distant some 30 feet from him. From eight to ten days before he died I one day remarked that he was languid-looking, and I said to him that if he was suffering he had better go and see the Governor of the Gaol. He made no answer. William Fraser, recalled : I was present on various occasions when the doctor questioned Wilson, and on one occasion I recollect him telling the doctor about the pain coming on suddenly. I never heard him tell the doctor that he was discharged from the army for heart disease.

By Authority: Geoeqe Didsbtjbt, Grovernment Printer, Wellington, —1880. Price 6d.]