It Is Never Too Late to Mend — Chapter XXIV, part 2
“They are, sir.
” “Examine them closely, Mr. Lacy; they contain the whole discipline of this prison as by law established.
Keep them before you.
It is with these you will have to compare the jailer's acts.
And now, how many times is the jailer empowered to punish any given prisoner?
” “Once--on a second offense the prisoner, I see, is referred for punishment to the visiting justices.
” “If, therefore, this jailer has taken upon himself to punish the same prisoner twice he has broken the law.
” “At all events he has gone beyond the letter of this particular set of rules.
” “But these rules were drawn up by lawyers, and are based on the law of the land.
A jailer, in the eye of the law, is merely a head turnkey set to guard the prisoners.
For hundreds of years he had no lawful right to punish a prisoner at all; that right was first bestowed on him with clear limitations by an act passed in George the Fourth's reign, which I must show you, because that act is a jailer's sole authority for punishing a prisoner at all.
Here is the passage, sir; will you be kind enough to read it out?
” “Hum!
'The keeper of every prison shall have power to hear all complaints touching any of the following offenses: Disobedience of the prison rules, assaults by one prisoner on another where no dangerous wound is given, profane cursing or swearing, any indecent behavior at chapel, idleness or negligence in work.
The said keeper may punish all such offenses by ordering any offender to close confinement in the refractory or solitary cells, and by keeping such offenders upon bread and water only for any term not exceeding three days.'
” “Observe,” put in Mr. Eden, “he can only punish once, and then not select the punishment according to his own fancy; he is restricted to separate confinement, and bread and water, and three days.
” Mr. Lacy continued: “'In case any criminal prisoner shall be guilty of any repeated offense against the rules of the prison, or of any greater offense than the jailer is by this act empowered to punish, the said jailer shall forthwith report the same to the visiting justices, who can punish for one month, or felons or those sentenced to hard labor by personal correction.'
” “Such, sir,” said Mr. Eden, “is the law of England, and the men who laid down our prison rules were not so ignorant or unscrupulous as to run their head against the statute law of the land.
Nowhere in our prison rules will you find any power given to our jailer to punish any but minor offenses, or to punish any prisoner more than once, or to inflict any variety of punishments.
Such are this jailer's powers--now for his acts and their consequences--follow me.
” “Evans, open this cell.
Jenkyns, what are you in prison for?
” “For running away from sarvice, your reverence.
” “How often have you been punished since you came?
” “A good many times, your reverence.
” “By the visiting justices?
” “No, sir!
I was never punished by them, only by the governor.
” “What have been your offenses?
” “I don't know, sir.
I never meant to offend at all, but I am not very strong, and the governor he puts me on a heavy crank and then I can't always do the work, and I suppose he thinks it is for want of the will, and so he gives it me.
” “How has he punished you?
” “Oh!
sometimes it is clamming; nothing but a twopenny roll all day, and kept to hard work all the same; sometimes my bed taken away, you know, sir, but mostly the punishment jacket.
” Mr. Lacy.
“The punishment jacket; what is that?
” Mr. Eden.
“Look in the prison rules and see if you can find a punishment jacket; meantime come with me.
Two gross violations of the law--repetition of punishment and variety of punishments.
Evans, open this cell.
What are you in for?
” Prisoner (taking off his cap politely).
“Burglary, gentlemen.
” “Have you been often refractory since you came here?
” “Once or twice, sir.
But--” “But what?
” “These gentlemen are the visiting justices?
” “Yes!
” “They would be offended if I told the truth.
” Mr. Lacy.
“I am here from the Secretary of State, and I bid you tell the truth.
” Prisoner.
“Oh!
are you, sir; well, then, the truth is, I never was refractory but once.
” Mr. Lacy.
“Oh!
you were refractory once?
” Prisoner.
“Yes, sir!
” Mr. Lacy.
“How came that?
” Prisoner.
“Well, sir!
it was the first week.
I had never been in a separate cell before, and it drove me mad; no one came near me or spoke a word to me, and I turned savage; I didn't know myself, and I broke everything in the cell.
” Mr. Eden.
“And the other times?
” Prisoner.
“The other times, sir, I was called refractory but I was not.
” Mr. Eden.
“What punishments have been inflicted on you by the governor?
” Prisoner.
“Well, sir!
the black-cell, bread and water, and none of that;
took away my gas once or twice, but generally it was the punishment jacket.
” Mr. Lacy.
“Hum!
the punishment jacket.
” Mr. Eden.
“How long since you had the punishment jacket?
” Prisoner.
“No longer than yesterday.
” Mr. Eden.
“Strip, my man, and let us look at your back.
” The prisoner stripped and showed his back, striped livid and red by the cutting straps.
Mr. Lacy gave a start, but the next moment he resumed his official composure, and at this juncture Mr. Hawes bustled into the cell and fixed his eye on the prisoner.
“What are you doing?
” said he, eying the man.
“The gentleman made me strip, sir,” said the prisoner with an ill-used air.
“Have you any complaint to make against me?
” “No, sir!
” “Then what have you been humbugging us for all this time,” cried Mr. Williams contemptuously.
“For instance,” cried Mr. Eden in the same tone, glancing slyly at Mr. Lacy, “how dare you show us frightful wales upon your back when you know they only exist in your imagination--and mine.
” Mr. Lacy laughed.
“That is true, he can't retract his wales, and I shall be glad to know how they came there.
” Here he made a note.
“I will show you by and by,” said Mr. Eden.
The next two cells they went to, the prisoners assured Mr. Lacy that they were treated like Mr. Hawes's children.
“Well, sir!
” said Lacy, with evident satisfaction, “what do you say to that?
” “I say--use your eyes.
” And he wheeled the last prisoner to the light.
“Look at this hollow eye and faded cheek; look at this trembling frame and feel this halting pulse.
Here is a poor wretch crushed and quelled by cruelty till scarce a vestige of man is left.
Look at him!
here is an object to pretend to you that he has been kindly used.
Poor wretch, his face gives the lie to his tongue, and my life on it his body confirms his face.
Strip, my lad.
” Mr. Hawes interposed, and said it was cruel to make a prisoner strip to gratify curiosity.
Mr. Eden laughed.
“Come, strip,” said he; “the gentleman is waiting.
” The prisoner reluctantly took off his coat, waistcoat and shirt, and displayed an emaciated person and several large livid stripes on his back.
Mr. Lacy looked grave.
“Now, Mr. Lacy, you see the real reason why this humane gentleman did not like the prisoner to strip.
Come to another.
Before we go in to this one let me ask you one question: Do you think they will ever tell you the truth while Mr. Hawes's eye is on them?
” “Hum!
they certainly seem to stand in awe of Mr. Hawes.
” Hawes.
“But, sir!
you see how bitter the chaplain is against me.
Where he is I ought to be if I am to have fair play.
” “Certainly, Mr. Hawes, certainly!
that is but fair.
” Mr. Eden.
“What are you in for?
” Prisoner.
“Taking a gentleman's wipe, gentlemen.
” Mr. Eden.
“Have you been often punished?
” Prisoner.
“Yes, your reverence!
Why you know I have; now didn't you save my life when they were starving me to death two months ago?
” Mr. Lacy.
“How did he save your life?
” Prisoner.
“Made 'em put me on the sick list, and put something into my poor belly.
” Mr. Lacy.
“What state was the man in, Mr. Eden?
” Mr. Eden.
“He was like a skeleton, and so weak that he could only speak two or three words at a time, and then had to stop a long while and recover strength to say two or three more.
I did not think a human creature could be so near death and not die.
” Mr. Lacy.
“And did you know the cause?
” Mr. Eden.
“Frankly, I did not.
I had not at that time fathomed all the horrors of this place.
” Mr. Lacy.
“Did you tell the chaplain at the time you were starving?
” Prisoner.
“No!
” Mr. Eden.
“And why not?
” Mr. Hawes.
“Simply because he never was starving.
” Prisoner.
“Well!
I'll tell you, gentlemen.
His reverence said to me, 'My poor fellow, you are very ill--I must have you on the sick list directly,' and then he went for the doctor.
Now I knew if I got on the sick list they would fill my belly; so I said to myself, best let well alone.
If I had told him it was only starvation he would not interfere, I thought.
” Mr. Lacy opened his eyes.
Mr. Eden sighed.
Mr. Lacy.
“You seem to have a poor opinion of her majesty's officers.
” Prisoner.
“Didn't know him, you see--didn't know his character; the humbug that was here before him would have let a poor fellow be kicked into his grave before his eyes, and not hold out a hand to save him.
” Mr. Lacy.
“Let me understand you--were you kept without food?
” Prisoner.
“I was a day and a half without any food at all.
” Mr. Lacy.
“By whose orders?
” Prisoner.
“By the governor's there, and I was a week on a twopenny loaf once a day, and kept at hard work on that till I dropped.
Ah, your reverence, I shall never forget your face.
I should be under the sod now if it was not for you!
” Williams.
“You rascal, the last time I was here you told me you never were so happy and comfortable.
” Prisoner.
“Ha!
ha!
ha!
ha!
he!
he!
haw!
haw!
ho!
I ask your pardon for laughing, sir; but you are so precious green.
Why, if I had told you the truth then I shouldn't be alive to talk to you now.
” “What, I should have murdered you, should I!
” said Mr. Hawes, with a lofty sneer.
“Why you know you would, sir,” replied the prisoner firmly and respectfully, looking him full in the face before them all.
Mr. Lacy.
“You don't think so, or you would not take these liberties with him now.
” The prisoner cast a look of pity on Mr. Lacy.
“Well, you _are_ green--what, can't you see that I am going out to-day?
Do you think I'd be such a cully as to tell a pack of greenhorns like you the truth before a sharp hand like our governor, if I was in his power; no, my term of imprisonment expired at twelve o'clock to-day.
” “Then why are you here?
” “I'll tell you, sir.
Our governor always detains a prisoner for hours after the law sets him free.
So then the poor fellow has not time to get back to his friends, so then he sleeps in the town, ten to one at a public-house; gets a glass, gets into bad company, and in a month or two comes back here.
That is the move, sir.
Bless you, they are so fond of us they don't like to part with us for good and all.
” Mr. Lacy.
“I do not for a moment believe, Mr. Hawes, that you have foreseen these consequences, but the detention of this man after twelve o'clock is clearly illegal, and you must liberate him on the instant.
” Mr. Hawes.
“That I will, and I wish this had been pointed out to me before, but it was a custom of the prison before my time.
” Mr. Eden.
“Evans, come this way, come in.
How long have you been a turnkey here?
” Evans.
“Four years, sir.
” Mr. Eden.
“Do you happen to remember the practice of the late governor with respect to prisoners whose sentence had expired?
” Evans.
“Yes, sir!
They were kept in their cells all the morning; then at eleven their own clothes were brought in clean and dry, and they had half an hour given them to take off the prison dress and put on their own.
Then a little before twelve they were taken into the governor's own room for a word of friendly advice on leaving, or a good book, or a tract, or what not.
Then at sharp twelve the gate was opened for them, and--” Prisoner.
“Good-by!
--till we see you again.
” Evans (sternly).
“Come, my man, it is not for you to speak till you are spoken to.
” Mr. Eden.
“You must not take that tone with the gentleman, Evans--this is not a queen's prisoner, it is a private guest of Mr. Hawes.
But time flies.
If after what we have heard and seen, you still doubt whether this jailer has broken the law by punishing the same prisoner more than once and in more ways than one, fresh evidence will meet you at every step; but I would now direct your principal attention to other points.
Look at Rule 37. By this rule each prisoner must be visited and conversed with by four officers every day, and they are to stay with him upon the aggregate half an hour in the day.
Now the object of this rule is to save the prisoners from dying under the natural and inevitable operation of solitude and enforced silence, two things that are fatal to life and reason.
” “But solitary confinement is legal.
” Mr. Eden sighed heavily.
“No it is not.
Separate confinement, i. e. , separation of prisoner from prisoner, is legal, but separation of a prisoner from the human race is as illegal as any other mode of homicide.
It never was legal in England; it was legal for a short time in the United States, and do you know why it has been made illegal there?
” “No, I do not.
” “Because they found that life and reason went out under it like the snuff of a candle.
Men went mad and died, as men have gone mad and died here through the habitual breach of Rule 37, a rule the aim of which is to guard separate confinement from being shuffled into solitary confinement or homicide.
Take twenty cells at random, and ask the prisoners how many officers come and say good words to them as bound by law; ask them whether they get their half hour per diem of improving conversation.
There is a row of shambles, go into them by yourself, take neither the head butcher nor me.
” Mr. Lacy bit his lip, bowed stiffly, and beckoned Evans to accompany him into the cells.
Mr. Hawes went in search of Fry, to concert what was best to be done.
Mr. Eden paced the corridor.
As for Mr. Lacy, he took the cells at random, skipping here and there.
At last he returned and sent for Mr. Hawes.
“I am sorry to say that the 37th Rule has been habitually violated; the prisoners are unanimous; they tell me that so far from half an hour's conversation, they never have three minutes, except with the chaplain.
And during his late illness they were often in perfect solitude.
They tell me, too, that when you do look in it is only to terrify them with angry words and threats.
Solitude broken only by harsh language is a very sad condition for a human creature to lie in--the law, it seems, does not sanction it--and our own imperfections should plead against such terrible severity applied indiscriminately to great and small offenders.
” “Oh, that is well said, that is nobly said,” cried Mr. Eden with enthusiasm.
“Sir!
I was put in here to carry out the discipline which had been relaxed by the late governor, and I have but obeyed orders as it was my duty.
” “Nonsense,” retorted Mr. Eden.
“The discipline of this jail is comprised in these rules, of which eight out of ten are habitually broken by you.
” “He is right there so far, Mr. Hawes.
You are here to maintain, not an imaginary discipline, but an existing discipline strictly defined by printed rules, and it seems clear you have committed (through ignorance) serious breaches of these rules.
But let us hope, Mr. Eden, that no irreparable consequences have followed this unlucky breach of Rule 37. ” “Irreparable?
No!
” replied Mr. Eden bitterly.
“The Home Office can call men back from the grave, can't it?
Here is a list of five men all extinguished in this prison by breach of Rule 37. You start.
Understand me, this is but a small portion of those who have been done to death here in various ways; but these five dropped silently like autumn leaves by breach of Rule 37. Rule 37 is one of the safety valves which the law, more humane than the blockheads who execute it, has attached to that terrible engine separate confinement.
” “I cannot accept this without evidence.
” “I have a book here that contains ample evidence; you shall see it.
Meantime I will just ask that turnkey about Hatchett, the first name on your list of victims.
Evans, what did you find in Hatchett's cell when he was first discovered to be dying?
” “Eighteen loaves of bread, sir, on the floor in one corner.
” “Eighteen loaves; I really don't understand.
” “Don't you?
--how could eighteen loaves have accumulated but by the man rejecting his food for several days?
How could they have accumulated unobserved if Rule 37 had not been habitually broken?
Alas!
sir, Hatchett's story, which I see is still dark to you, is as plain as my hand to all of us who know the fatal effects of solitary or homicidal confinement.
Thus, sir, it was: Unsustained by rational employment, uncheered by the sound of a human voice, torn out by the roots from all healthy contact with the human race, the prisoner Hatchett's heart and brain gave way together; being now melancholy mad he shunned the food that was jerked blindly into his cell, like a bone to a wolf, by this scientific contrivance to make brute fling food to brute, instead of man handing it with a smile to grateful man; and so his body sunk (his spirits and reason had succumbed before) and he died.
His offense was refusing to share his wages with a woman from whom he would have been divorced, but that he was too poor to buy justice at so dear a shop as the House of Lords.
The law condemned him to a short imprisonment.
The jailer, on his own authority, substituted capital punishment.
” “Is it your pleasure, sir, that I should be vilified and insulted thus to my very face, and by my inferior officer?
” asked Hawes, changing color.
“You have nothing to apprehend except from facts,” was the somewhat cold reply.
“You are aware I do not share this gentleman's prejudices.
” “Would you like to see a man in the act of perishing through the habitual breach of Rule 37 in ---- Jail?
” “Can you show me such a case?
” “Come with me.
” They entered Strutt's cell.
They found the old man in a state bordering on stupor.
When the door was opened he gave a start, but speedily relapsed into stupor.
“Now, Mr. Lacy, here is a lesson for you.
Would to God I could show this sight to all the pedants of science who spend their useless lives in studying the limbs of the crustaceonidunculae, and are content to know so little about man's glorious body; and to all the State dunces who give sordid blockheads the power to wreck the brains and bodies of wicked men in these the clandestine shambles of the nation.
Would I could show these and all other numskulls in the land this dying man, that they might write this one great truth in blood on their cold hearts and muddy understandings.
Alas!
all great truths have to be written in blood ere man will receive them.
” “But what is your great truth?
” asked Mr. Lacy impatiently.
“This, sir,” replied Mr. Eden, putting his finger on the stupefied prisoner's shoulder and keeping it there; “that the human body, besides its grosser wants of food and covering, has its more delicate needs, robbed of which it perishes more slowly and subtly but as surely as when frozen or starved.
One of these subtle but absolute conditions of health is light.
Without light the body of a blind man pines as pines a tree without light.
Tell that to the impostor physical science deep in the crustaceonidunculae and ignorant of the A B C of man.
Without light man's body perishes, with insufficient light it droops; and here in all these separate shambles is insufficient light, a defect in our system which co-operates with this individual jailer's abuse of it.
