Chapter XI: Newgate Reformed (3)

PRESS laws, severity of the, at the beginning of the 18th century, ii. 54, 55;
case of Lawrence Howell for denouncing George I. as a usurper, 55;
of Nathaniel Mist for commenting on the action of George I. as to
the Protestants in the Palatinate, 56;
Tom Paine for his rationalistic writings, 56;
William Rowland for remarks on the conduct of two magistrates, 57;
libels in the 'Craftsman,' 57;
Dr. Shebbeare fined, pilloried, and imprisoned for his 'Sixth Letter to the
English People,' 57;
Wilkes and the 'North Briton' and the 'London Evening Post,' 57;
oppression of the Press under George III., 59;
Mr. Walter and the 'Times,' 59;
prosecutions for libels on peers, 60;
and on the House of Commons, 61, 62.

PRESS yard, the, in Newgate, and its privileges, i. 7, 9;
its extent, 149, 150;
the division of Newgate so called, 159-161;
intended originally for State prisoners, 199;
deemed to be part of the governor's house, 199;
a fiction for extorting fees, 200;
account of the extortion practised, 200-204;
accommodation and customs of the inmates, 205-207;
destruction of the, by fire, 459;
two of the inmates burned, 459;
state of the, in 1810, ii. 71, 72;
brutal indifference of the inmates of, 213, 215.

PRICE, Charles, bank-note forger, ii. 17;
remarkable career of, 18-20;
hangs himself, 21.

PRICE, Evan, a religious lunatic, case of, i. 116.

PRICE, George, murderer, i. 363-365.

PRICE, John, murderer, i. 357-359.

PRIESTS, seminary, persecution of, by Elizabeth, i. 89-92.

PRISON DISCIPLINE SOCIETY, formation of, ii. 150, 165, 166;
Sydney Smith's opposition to, 166;
further efforts of the Society, 167, _et seq._

PRISONER for a penny, a, ii. 77.

PRISONERS and prison life in Newgate in early times, i. 2-4;
in the 17th century, 7-12;
in 1813, 15-17;
powers and privileges of the head gaolers or keepers in
reference to, 5, 46-48;
poor prisoners wholly dependent on charity for their support, 51;
various gifts bequeathed to, 51, 52;
all food forfeited given to, 53;
epidemics, 53;
riots and outbreaks, 53;
condition of, in 16th century, 60-62;
benefit of clergy claimed and abused by, 62;
treatment of religious and political prisoners, 71-92;
condition of, during the 16th century, 92-95;
sufferings and petitions of poor prisoners in the earlier part of the 17th
century, 101-105;
conditional pardons granted to certain prisoners, 106-108;
petitions of various, 108, 109, 130-138;
account of the Jacobite prisoners in Newgate, 207-226;
spotted fever breaks out amongst, 223;
rejoicings amongst, at an amnesty, 224;
loading prisoners with irons illegal, 429;
cruel nature of the punishment, 430;
John Wilkes's letter on the subject, 430, 431;
capricious mode of practising the infliction, 431 _n._;
avarice the primary cause of the ill-treatment of prisoners, 431;
monstrous extortion of gaol fees, 432;
ravages amongst, from gaol fever, 424-450;
moral contamination of, from inter-mixture of the sexes, debauchery, gaming,
and drunkenness, 450, 451;
they are subjected to experiments, 452;
take military service to escape, 453;
density of the prison population, 455;
various kinds of, in Newgate, ii. 6-64;
statistics of, 67;
condition of, in Newgate in 1810, 68-104;
ill-treatment of, 104-106;
demoralized condition of, 106-108;
certain stringent reforms proposed for, 110-113;
absence of any religious or moral
instruction for, 114; indifference of the ordinaries generally, 115;
philanthropic efforts on behalf of, 116-126;
specimen of a Newgate ordinary, the Rev. Brownlow Forde, 127-130;
efforts of the Philanthropic Society and other institutions on their behalf,
130-132;
Mrs. Fry's labours amongst the female prisoners, 132-141;
their marvellous results, 142-146.
See also _Prison Reform_; _Prisons, the First Report of the Inspectors of_;
_Philanthropy in Newgate_; and _Newgate Reformed_.

PRISON REFORMS, THE BEGINNINGS OF, ii. 147-186;
Mrs. Fry's labours lead to prison reform generally, 148;
Mr. Neild's visitation, 148;
neglect of prisons not the fault of the legislature, 149;
various Gaol Acts in force, 149;
formation of the Prison Discipline Society, 150;
Mr. Buxton's labours on behalf of prisoners, 151, _et seq._;
prisoners' rights, 151-153;
legal authority for them, 153-155;
classification of prisoners, 155;
state of various prisons throughout the kingdom, 156, _et seq._;
foulness and overcrowding in the Borough Compter, 156;
Guildford Prison, 157;
ironing of prisoners, 158 _n._;
shocking state of Bristol Gaol, 158-160;
the "Pit," 159;
a few exceptions to this, 160;
Bury St. Edmunds, a model prison, 160, 161;
Ilchester Gaol also commendable, 161;
improvements introduced into Newgate, 162;
moral deterioration of prisoners, 164;
chain gangs in the streets, 165;
"caravans" for conveying prisoners introduced, 166;
Sydney Smith's opposition to prison reform, 166, 167;
defective nature of prison architecture, 169-171;
new gaol legislation, 171, 172;
Prison Discipline Society sees to its enforcement, 172-174;
borough prisons the worst, 173, 174, 178, 179;
slow progress of reform, 174, 175;
shocking state of the New Prison, Clerkenwell, 175;
want of uniformity of treatment, 176;
small local prisons an impediment to reform, 177-180;
Newgate remains unaffected by the prison laws, 180-182;
committees of both Houses of Parliament appointed to inquire into prison reform, 182, 183;
their recommendations on the subject, 184-186.

PRISONS, THE FIRST REPORT OF THE INSPECTORS OF, ii. 187-230;
inspectors appointed in 1835, 188;
Mr. W. Crawford is one--his antecedents, 189;
the Rev. Whitworth Russell the other, 190;
their visits to Newgate, and their report on it, 191;
the condition of the prison as bad as before, 191-193;
the governor, Mr. Cope, to blame for this, 193;
wretched condition of the prisoners, 194-196;
power and tyranny of the wardsmen, 196-198;
incompetency of the governor, Mr. Cope, 199, 200;
Newgate a nursery of crime, 201; prison literature, 202;
drinking, feasting, and fighting in, 204-206;
accidents arising from this, 206;
riots, 207;
other violations of the Gaol Acts, 207;
indiscriminate admission of visitors, 208;
abuses on the female side, 208-212;
labours of the Ladies' Association, 211;
condition of the condemned, 213-215;
indiscriminate association of, 215;
their brutal callousness, 215;
a child of nine condemned to death, 215 _n._;
Newgate tokens, and their importance in the eyes of the criminal classes, 215
and _n._;
the inspectors censure the conduct of the ordinary, 216;
lunatics in, 217-219;
gentlemen concerned in bribery cases committed to Newgate, 219;
abuses of the state side revived, 220, 221;
utter lack of discipline in Newgate, 221-224;
severity of the inspectors' remarks on the state of Newgate, 224, 225;
the Corporation protest, but attempt to reform, 225;
nature of the improvements, 226, 227;
in succeeding reports the inspectors still complain, 227-230.

PRISONS Act of 1865, provisions of the, ii. 497-500;
and of 1877, 502.

PRISONS, list of noblemen and bishops who owned, i. 428 _n._

PRIZE-FIGHTING and its aristocratic patrons, ii. 53.

PROBERT, participates in the murder of Mr. Weare, ii. 328;
turns approver, 329;
hanged for horse-stealing, 328.

PROTESTANTS, persecutions of, in the 16th century, i. 71-92.

PRYNNE, release of, from prison, i. 130.

PRYNNE in the pillory, i. 236, 237.

PUNISHMENTS, early forms of, i. 232, _et seq._

QUAKERS in Newgate, i. 196;
Penn and Mead, and their unjust treatment, 196, 197.

QUEEN, attempts on the life of the.
See _Sovereign, attempts on the life of the_.

QUIN, James, the actor, found guilty of manslaughter, i. 388.

RANN, John, highwayman, execution of, i. 269;
account of his career, 403-406.

RATCLIFFE, Mr., his escape from Newgate, 314;
recapture and execution, 315, 316.

RAVAILLAC, the punishment of, i. 249.

REBELS, Jacobite, in Newgate, account of the, i. 207-226.

RECEIVER of stolen property, career of a notorious, Ikey Solomons, ii. 317-321;
Sir James Stephen recommends capital punishment for those repeatedly convicted, 317 _n._;
conviction of "Money Moses," another notorious receiver, and
a direct descendant of Ikey, 326, 327.

RECORDER'S report, terrible suspense of the condemned and their
friends in waiting for the, ii. 252.

RELIGIOUS persecutions in the 16th century, i. 71-92.

RERESBY, Sir John, i. 183.

RESOLUTION Club, a gang of robbers, account of, i. 328.

RESURRECTION men and their doings, ii. 51, 330-333, 460-462.

RESUSCITATION after hanging, instances of, i. 279-282.

RICHARD II. oppresses the citizens, i. 43.

RICHARDSON, W., a Jesuit, trial and execution of, i. 98.

RIOTS, street, i. 393; the footmen's, 394-397.

ROARERS, account of the, and of their punishment, in old London, i. 29.

ROBBERIES, impunity with which they were committed in the 18th century, ii. 31;
daring nature of, 31-35.

ROBBERY, highway, prevalence of, in the 17th century, i. 166-180;
in London in the early part of the 18th century, 324, _et seq._;
Fielding on, 326;
instances of, with violence, ii. 312-317;
of bullion from the Custom House, 321;
of diamonds, 322-325;
burglaries, 325;
of gold-dust, 325-327;
of banks and royal palaces, 345;
of Lord Fitzgerald's plate-chest, 345;
of clubs by a member, 346;
of diamonds by a sea captain, 347.

ROBERTS, Captain, pirate, i. 416.

ROB ROY in Newgate, i. 226.

ROGERS, John, his persecution and burning, i. 79.

ROMAN CATHOLICS, persecutions of, in the 16th century, i. 71-92.

ROMILLY, Sir Samuel, his efforts to ameliorate the criminal law, ii. 5.

ROUPELL, William, his will forgeries, ii. 462-465.

ROWLAND, William, prosecuted for libel, ii. 57.

ROYALIST prisoners in Newgate, i. 138-140.

RUSSELL, Lord John, on prison reform, ii. 488.

RUSSELL, Lord William, murder of, ii. 348-353.

RUSSELL, Rev. W., inspector of prisons, i. 19.

RYAN, Matthew, last person pressed to death, i. 254.

SACKVILLE, Edward, in Newgate, i. 141.

ST. GILES'S BOWL, i. 11, 271.

ST. MARTIN'S-LE-GRAND, sanctuary of, i. 52 and _n._

SANCTUARY of St. Martin's-le-Grand, i. 52 _n._;
advantage of, to those who fled to, i. 61 and _n._

SATTLER, Christian, executed for murdering a police inspector, ii. 428, 453.

SAVAGE, Richard, tried and condemned for murder, case of, i. 339.

SAWARD, J. T., forgeries of, and his confederates, ii. 395-398.

SCOTT, a highwayman, attempted escape of, i. 309.

SELWYN, George, i. 12; his craving for executions, 265, 266.

SEMINARY priests, persecution of, in Elizabeth's time, i. 89-92.

SHEBBEARE, Dr., in the pillory, i. 237.

SHEBBEARE, Dr., prosecutes for libel, ii. 57.

SHEPPARD, Jack, scene at his execution, i. 268;
his escapes from Newgate, 294-299;
his celebrity, 298, 299;
and trial, 300.

SHEPPARD, James, a Jacobite, scene at the execution of, i. 275.

SHERIFFS of old London, mode of electing, i. 45;
their powers as to Newgate, 45, 46;
and privileges as to prisoners, 45 and _n._;
the "Sheriffs' Fund," origin and use of, 45 _n._;
dispute between the, and the Corporation as to the right
to appoint the gaoler or keeper of Newgate, 48-50;
recapture of an escaped prisoner by the, 52.

SHIP-MONEY, commitments to Newgate for non-payment of, i. 109.

SHIPWRECK, wilful, of heavily-insured ships, ii. 338-341.

SILK, Captain, a Jacobite, in Newgate, i. 213, _et seq._

SIX Articles of Henry VIII., persecutions for infringement of, i. 73, _et seq._

SIXTEEN String Jack, execution of, i. 269.

SKEFFINGTON'S gyves, i. 75.

SLIGO, the Marquis of, imprisoned in Newgate, ii. 64, 65.

SMETHURST, Dr., trial of, for poisoning Miss Bankes, ii. 439-441.

SMITH, Dr., his report on Newgate, i. 445.

SMITH, Sydney, opposed to wholesale prison reforms, ii. 166, 167.

SMITH, Thomas, burned to death in Newgate, i. 459.

SOCIETY for the Promotion of Christian Knowledge, efforts of, on
behalf of prisoners in Newgate, ii. 116.

SOLOMONS, Ikey, a notorious receiver, account of the career of, ii. 317-321.

SOMERS, Lord, and the suppression of piracy, i. 417-420.

SOUTHWARK, the bailiwick of, granted to the City, i. 42;
confirmed by Edward IV., 44.

SOVEREIGN, attempts on the life of the--Margaret Nicholson on George III., ii.
284;
Hatfield on George III., 284;
John Collins on William IV., 284;
Oxford on the Queen, 285-289;
John Francis on the Queen, 289-291;
John William Bean on the Queen, 291, 292;
Lieutenant Pate on the Queen, 292, 293.

SPIGGOT, William, pressed to death, i. 253.

SPINOLA, Benedict, petition against, i. 70 and _n._

STATE side, Newgate, ii. 71;
price and privileges of, 99.

STEPHEN, Sir James, recommends capital punishment for repeatedly convicted receivers, ii. 317 _n._

STERNE, Henry, robs the Duke of Beaufort of his "George," ii. 33.

STOCKDALE _versus_ HANSARD, celebrated libel case involving an infringement of
the privileges of Parliament, account of, ii. 202, 203 _n._

STOCKS, the punishment of the, i. 240.

STONE Hall, the, in Newgate, i. 153.

STONE Hold, Newgate, i. 157.

STONE Ward, the, in Newgate, i. 151.

STOWE on the site of Newgate, i. 23-25;
note in Thom's edition of, 61 _n._

STRANGULATION, the punishment of, i. 256.

STRANGWAYS, Major, pressed to death, i. 251.

STREET riots frequent, i. 393;
and robberies, ii. 28-32.

SURGEONS' Hall, site of, ii. 265;
bodies of murderers taken thither for dissection, 265.

SUTHERLAND, John, execution of, ii. 233.

SWAINSON, a Dane, executed for the abduction of Miss Rawlins, an heiress, i.
181.

SWINDLERS and sharpers, careers of some of the principal--the German Princess,
i. 188;
systematic operations of, in 18th century, ii. 38;
Alexander Day, 39;
female sharpers, 40;
Harriet Grieve, 40;
James Dignum, 41;
Mrs. Clarke, 42;
her connection with the Duke of York and Colonel Wardle, 42, 43;
Robert Jacques's deception, 43-45.

"TANGIER," a ward so called in Newgate, i. 155.

TARPEYS, husband and wife, diamond robbery by, ii. 465.

TESTER, one of the perpetrators of the gold robbery on the South-Eastern
Railway, ii. 391-395.

THISTLEWOOD, the leader of the Cato Street conspiracy, account of, ii. 279, _et
seq._

THURTELL, executed for the murder of Mr. Weare, ii. 328, 329.

THYNNE, Thomas, account of the murder of, i. 182-188.

TIDD, one of the Cato Street conspirators, ii. 283.

TILLING, Sam, execution of, ii. 233.

TOKENS, Newgate, importance attached to them by the criminal classes, ii. 215
and _n._

TOLD, Silas, his early life and conversion, ii. 117;
takes to prison visiting, 118;
his account of the conversion of John Lancaster, 118, 119;
becomes a regular visitor, but meets with opposition from the ordinary, 119,
120;
his story of Mary Edmonson, 121-126;
visits Mrs. Brownrigg, 126.

TOLLS, power of collecting, granted to the citizens, i. 43 and _n._

TORTURE, infliction of, in prisons, i. 76, _et seq._

TOWNSEND, Mr., Bow Street runner, on the state of crime, ii. 3.

TOWRIS, Sir Thomas, i. 142.

TRONAGE, privilege of, granted to the City, i. 43.

TUN, prison built in 1282 for night-walkers, i. 34 _n._

TURNER, Colonel, execution of, i. 260-263.

TURPIN, Dick, execution of, i. 270.

TYBURN, the early place of public execution, i. 10, 258;
scenes on execution day on the road to, 267, _et seq._;
abolition of the Tyburn procession, 282;
Dr. Johnson on, 282;
reasons for abolishing, 282, 283.

'TYBURN CALENDAR,' the, i. 318.

TYLER, Wat, and his followers break open Newgate and set the prisoners free,
i.
57.

UNDERHILL, Edward, yeoman of the guard, his description of Newgate in Mary's
time, i. 85.

VAUGHAN, Richard, forger of bank-notes, ii. 9.

VENTILATOR for preventing fever in Newgate, account of, i. 441-443.

VRATZ, Captain, one of the murderers of Mr. Thynne, i. 183.

WAGNER, a systematic forger, ii. 454-456.

WAINWRIGHT, executed for the murder of Harriet Lane, ii. 426, 470, 471.

WAKEFIELD, Gibbon, on the treatment of the condemned in Newgate, ii. 252-254;
his account of the Sunday service when the condemned sermon was preached, 255-260;
account of his abduction (aided by his brother) of Miss Turner, an heiress,
306-310;
sentenced to three years' imprisonment, 311.

WAKEFIELD, William, imprisoned for aiding in the abduction of Miss Turner, ii.
306-311.

WALL, Governor, executed for flogging a man to death, i. 383-388;
scene at the execution, and last moments of, ii. 238-241.

WALLACES, conviction of the, for wilful shipwreck, ii. 338-341.

WALPOLE, Horace, on Maclane, a highwayman, i. 9, 401, 402.

WALTER, Mr., and the 'Times,' prosecution of, for libel, ii. 59.

WARDSMEN in Newgate, power and tyranny of the, ii. 196-198.

WATCHMEN, character, duties, and remuneration of, in the 18th century, ii. 28.

WATERMAN'S Hall, Newgate, i. 158.

WEBSTER, Kate, executed for the murder of her mistress, ii. 427, 469, 471.

WHETSTONE, the punishment of the, i. 34 and _n._

WHIPPING, the punishment of, i. 245.

WHISTON, James, on selling the office of keepers of prisons, i. 47, 48.

WHITE, Charles, shocking scene at the execution of, ii. 270.

WHITNEY, a famous highwayman, exploits and execution of, i. 170-172.

'WHIT'S palace,' i. 6.

WHITTINGTON, Lord Mayor, repairs Newgate, i. 6;
transfers debtors from Newgate to Ludgate, 55;
his death-bed, 57;
leaves moneys for rebuilding Newgate, 58.

WILD, Jonathan, his career, i. 412-415.

WILKES, John, and the 'North Briton,' i. 238, 393; ii. 57;
his letter on the cruelty and illegality of ironing prisoners, i. 430.

WILLIAMS, Captain, prison inspector, on Newgate, i. 20.

WILLIAMS, executed for "burking" many victims and selling their bodies, ii. 330-333.

WILLIAMS, John, case of, in Newgate, i. 102.

WILLIAMS, the murderer of the Marrs, exhibition and procession of his body, ii.
267, 268.

WILLIAMS, publisher of the 'North Briton,' in the pillory, i. 238.

WILLIAMS, Renwick, "the monster," doings of, ii. 32.

WILLIAMSON, John, murderer, i. 366.

WILSON, Catherine, executed for wholesale poisoning, ii. 427, 441-443.

WOLSEY, Cardinal, his dealings with the citizens in the "Evil May-day" rising,
i. 64-67;
said to have been placed in the stocks, 240.

WOMEN'S ward, Newgate, i. 156, 158.

WREN, supposed to be the architect of the present prison, i. 6.

WRIGHT, ex-Lord Chief Justice, in Newgate, i. 198.

"YOUNG England," account of the imaginary association so called formed by the
lunatic Oxford, ii. 287-289.

BUNGAY: CLAY AND TAYLOR, PRINTERS. _S. & H._

FOOTNOTES:

[1] Report of the Committee of the House of Commons on the police of the metropolis, 1816.

[2] Sir James Mackintosh on the state of the criminal law.

[3] Wade, p. 1056.

[4] Evidence of Alderman Harmer before Committee on Capital Punishment, 1819.

[5] A remarkable diminution of forgeries at once followed the abolition of the £1 notes.

[6] See post. chap. vii.

[7] "If Dr. Dodd does not suffer the sentence of the law," said Lord Mansfield to the King in Council, "then the Perreaus have been murdered." The Lord Chief Justice held an opinion in common with most reflecting men of that age, that death for forgery was indispensable to protect commercial credit. Lord Campbell, in his 'Lives of the Lords Chief Justice,' states that he heard a Judge say, after passing the death sentence for forgery, "May you find the mercy above which a due regard to the credit of the paper currency of this country forbids you to hope for here."

[8] See vol. i. p. 380.

[9] Knapp and Baldwin's 'Newgate Calendar,' i. 160.

[10] See chap. viii. vol. i.

[11] By an act of William and Mary, £40 was offered for the apprehension and conviction of a highwayman; the same sum, by 6 and 7 William III. cap. 17, for conviction of a coiner or clipper; also, by 5 Anne, cap. 31, for conviction of a burglar or housebreaker. Ten pounds was the reward for the conviction of a sheep-stealer, or of a person uttering or paving away counterfeit money, or fabricating spurious copper coins.

[12] Evidence of John Vickery, a Bow Street runner, before committee on the police of the metropolis, 1816.

[13] The sobriquet of Gentleman Harry was also enjoyed by Henry Simms, a highwayman who frequented the Lewisham and Blackheath roads. On one occasion, when travelling into Northamptonshire on a rather fresh horse, a gentleman who was in a post-chaise remarked to him, "Don't ride so hard, sir, or you'll soon ride away all your estate." "Indeed I shall not," replied Simms, "for it lies in several counties," and dismounting, he challenged the gentleman to stand, and robbed him of a hundred and two guineas.

[14] See _ante_, vol. i. p. 187.

[15] See _ante_, p. 29.

[16] See chapter iii., 'Philanthropy in Newgate.'

[17] See _ante_, vol. i. p. 238, where there is an account of how Williams, Wilkes' publisher, was put in the pillory.

[18] Grant's 'Newspaper Press,' vol. i. 172.

[19] _Ibid._ i. 220.

[20] _Ibid._ i. 220.

[21] In March 1805 the sheriffs of London had been committed to Newgate by the House of Commons for gross partiality in favour of Sir Francis Burdett at the election for Middlesex.

[22] 'State of Prisons in England, Scotland, and Wales,' 1812.

[23] These cabins were partitioned off by a wooden hoarding which went up three parts of the way to the ceiling, and they received all light and air from the top.

[24] See _ante_, vol. i. p. 250.

[25] 'Neild,' p. 425.

[26] _Ibid._

[27] _Ibid._

[28] Debtors are still sent to prison (1883) for a fixed term, but only under a warrant of contempt of court. It is in the power of the County Court judge thus to punish all whom he believes can pay, but will not. Nevertheless, numerous cases of hardship still occur. As when a working-man's wife pledges his credit in his absence, makes away with the writs served by the creditor, and ignores judgment obtained. The husband hears first of the affair when arrested for contempt.

[29] The large discretionary powers of these courts created a petty tyranny in a set of standing commissioners.--_Blackstone._

[30] 'Neild.'

[31] Besides these and other fees paid in prison, there were the charges of the "secondary," who received a shilling per pound for every pound under £100, and sixpence for every pound above that sum. This was called the sheriff's poundage, and often amounted to large sums--as much as £97 odd in one case which is cited by Mr. Neild.

[32] 'Neild,' p. 312.

[33] Neild says in 1803 there were 229 males, 148 females, and 391 children in the gaol.

[34] 1814.

[35] It was so condemned in 1808 on account of its ruinous condition. The debtors were but indifferently lodged, but the common side felons occupied a horrible den styled the Rat Hole, and the women another called the Mouse Hole.

[36] See _ante_, p. 69.

[37] Mr. John Kirby.

[38] Even the felons were better off for food. See p. 104.

[39] See _ante_, p. 68, _et seq._

[40] See _ante_, p. 57.

[41] Evidence before Committee of House of Commons, 1814.

[42] See _ante_, p. 72.

[43] One lunatic was kept in the state side upwards of six years. He was described as "sometimes a little dangerous," and generally occupied in a room by himself. There were at this time three or four other lunatics (two of them "dangerous") who went at large in the wards on the common side.

[44] See _ante_, vol. i. cap. v.

[45] Cashman was the only one of the Spafields rioters (1816) who was capitally convicted and executed. Four others who were arraigned with him were acquitted by the jury, to the astonishment of the court. Cashman, who had been a seaman in the Royal Navy, pleaded that he had been to the Admiralty to claim prize-money to the value of £200 on the day of the riot. On his way home, half drunk, he had been persuaded to join the rioters. Cashman's unconcern lasted to the end. As he appeared on the gallows the mob groaned and hissed the Government, and Cashman joined in the outcry until the drop fell.

[46] As to ironing females, see _post_, p. 136.

[47] Visitors were searched at the lodge--the males by a turnkey, the females by a woman retained for the purpose. These officials had orders to strip those they searched if they thought necessary. The examination was seldom of any avail; but on one occasion a wife, who had hopes of compassing her husband's escape, was detected in trying to pass a long rope into the prison. The woman was arrested and committed to Newgate for trial, where her husband already lay cast for highway robbery.

[48] Petworth Prison, built in 1785, and Gloucester Penitentiary, erected in 1791, were the two first gaols established which provided a separate sleeping cell for every prisoner.

[49] Some interesting details are published by the French Prison Society on this head.

[50] How perfunctory was the performance of his duties by the ordinary may be gathered from the following chapter.

[51] See _post_, p. 491.

[52] 'Dr. Forde's Evidence,' p. 56.

[53] 'Memoirs of Mrs. Fry,' i. 312.

[54] The Philanthropic Society is identical with the Farm School at Redhill, one of our most prosperous and best-managed reformatory schools at the present date. Mr. William Crawfurd, afterwards one of the first inspectors of prisons, was long an active member of the committee during the early days of the Society.

[55] See _ante_, cap. ii.

[56] 'Buxton on Prison Discipline,' 1818.

[57] This was the germ of the Ladies' Committee, which existed down to 1878.

[58] 'Buxton on Prison Discipline,' p. 125.

[59] 'Buxton,' p. 271.

[60] Still in existence, and still deserving of praise.

[61] Stated at length the title is, 'An Inquiry whether crime and misery are produced or prevented by our present system of prison discipline, illustrated by descriptions of various prisons.'

[62] 'Wm. Smith on State of Jails,' 1776, already referred to, vol. i. cap. x.

[63] 19 Charles II. c. 4.

[64] 'Buxton,' p. 23.

[65] In 1823 the society reported that "prisoners for assize at one county gaol are double ironed on first reception, and thus fettered, are at night chained down in bed, the chain being fixed to the floor of the cell, and fastened to the leg fetters of the prisoners. This chain is of sufficient length to enable the prisoners to raise themselves in bed. The cell is then locked, and he continues thus chained down from seven o'clock in the evening till six o'clock next morning. There were but two gaol deliveries in the county for the year, so a prisoner may continue to be thus treated for from six to eight months, and be then acquitted as innocent." The double irons for the untried varied in weight from ten to fourteen pounds.

[66] Mr. Buxton, while most loudly inveighing against the foul state of most British gaols, fully exonerates the governors. "None of the grievances represented," he says in his preface, "are occasioned by the gaolers; that class of men are often subjected to undistinguished abuse; my experience would furnish me with very different language. Without any exception, I have had reason to approve, and sometimes to applaud, their conduct; and I can truly say that of all the persons with whom I have conversed, they are the most sensible of the evils of our present system of prison discipline."

[67] See _post_, chap. v. The privilege of getting in extra and more luxurious articles of food long survived.

[68] See _ante_, p. 106.

[69] Prisons. 'Edinburgh Review,' Feb. 1822.

[70] See _ante_, p. 139.

[71] The greatest variety existed as to the amount of ascension. In one prison a prisoner had to ascend as much as 17,000 feet daily, in others between 6000 and 7000. Women were put on the tread-wheel in those times.

[72] Dance's Newgate was commenced before Howard's 'State of Prisons' was published, and was very properly condemned as defective by him and others. In the volume from which I am quoting its defects are fully detailed. Everything was sacrificed to the one idea of safe custody. To secure this, the "airing courts were enclosed by lofty impenetrable buildings, by which the general salubrity and ventilation of the interior became materially diminished." By the arrangement of the courts it was impracticable to preserve a judicious system of separation. No sleeping cells were provided, and, as we know, the prisoners passed the night associated together in crowded rooms. No inspection was possible. On these accounts the Prison Discipline Society were of opinion that Newgate was "particularly objectionable as a model for imitation, ... a remark not deserving the less attention because the exterior of the prison presents a massive and imposing elevation which is calculated to excite impressions in favour of its security and seclusion."

[73] See _ante_, p. 155.

[74] There were still some notorious exceptions. The most extraordinary neglect prevailed in the county prison at Exeter, which was left year after year in its old disgraceful state, overcrowded, filthy, without chaplain, hospital, dietaries, or proper clothing for prisoners.

[75] Just before sessions the total was generally much higher, and reached at times to nearly 500.

[76] See last chapter of this volume.

[77] This is the French and Belgian practice still. In both those countries a portion of the _pécule_, or prisoner's earnings, can be spent in the prison canteen in various luxuries of diet.

[78] The Gaol Acts of 1823-4.

[79] 'Report of P. D. Society, 1827,' p. 37.

[80] It was the Duke of Richmond, himself the chairman of that committee, who had introduced the bill for the purpose.

[81] See _ante_, p. 131.

[82] Mr. Wakefield's abduction of Miss Turner will be found treated at length in chapter viii. His work on the punishment of death, which deals with Newgate at this time, I shall draw upon largely in the next chapter.

[83] These words were the foundation of the great libel cause of Stockdale _versus_ Hansard, which will be remembered as threatening a serious collision between the House of Commons and the administration of the law. Mr. Stockdale, feeling aggrieved at the remarks of the Inspectors of Prisons, brought an action for libel against Messrs. Hansard, who published them. Hansard pleaded justification, and that the report was privileged, being printed by the authority of the House of Commons. Lord Denman, on the bench, dissented, and charged the jury that no such authority could justify a libel, but Hansard obtained a verdict of not guilty. Stockdale then brought a fresh action, and Hansard appealed to the House for protection. A Committee of the House was appointed to inquire into the matter, and it upheld the view that official blue books could not be open to action for libel. This formed the basis of Hansard's defence; but the court would not admit the plea, and cast them in damages. Hansard did not pay, and went on with the publication. A third action was then commenced, on the grounds that the sale of the report was a reiterance of the libel. To this action Hansard would not plead. A fresh declaration was filed by Stockdale, with the damages laid at £50,000; and as Hansard still, under the advice of the House, would not appear, the case again went against him.

Stockdale now sued for his damages in the Sheriffs' Court. The sheriffs, well aware that Messrs. Hansard were backed up by the House of Commons, tried to escape giving a judgment, at least until the House met, but they were ordered by the superior courts to proceed. They accordingly assessed Stockdale's damages at £600, and in liquidation thereof entered into possession of Hansard's premises. The printers once more appealed to the House, which on the first day of the session went into the whole case. On the motion of Lord John Russell, the sheriffs were summoned to the bar of the House for infringing its privileges, and committed to the custody of the sergeant-at-arms. Stockdale was also summoned, cross-examined, and committed, but to Newgate. He, notwithstanding his imprisonment, continued to bring action after action; then his attorneys, through whom they were commenced, were summoned to the bar of the House, and also sent to Newgate. Meanwhile the sergeant-at-arms, under a writ of Habeas Corpus, had to produce the sheriffs at the court of Queen's Bench; but the judges would not release them, holding that they were legally detained. Much dissatisfaction now began to show itself throughout the country, but the House of Commons would not yield an inch on the question of privilege. The subject was debated night after night, and at last, to settle the matter once for all, Lord John Russell introduced a bill specially intended to protect all parliamentary publications, issued by either House, from any proceedings in any court of law. This was passed in due course, and the privileges of Parliament were upheld.

The sheriffs had already been released from custody on grounds of ill-health. An application was made for the enlargement of Stockdale and his attorneys from Newgate on the passing of the bill, but it was at first rejected. Two months later the application was renewed, and being unopposed, the prisoners were set free.

[84] Prisoners' evidence.

[85] In 1833 a sentence of death was passed on a child of nine, who had poked a stick through a patched-up pane of glass in a shop-front, and thrusting his hand through the aperture, had stolen fifteen pieces of paint, worth twopence. This was construed into house-breaking, the principal witness being another child of nine, who "told" because he had not his share of the paint. The boy was not executed.

[86] These Newgate tokens were circular thin pieces of metal of various sizes. The initials or the names of a loving pair were punched upon them, together with a heart or some symbol of affection; sometimes with a motto, such as 'True for ever,' 'Love for life.' The greatest value was attached to these tokens by the criminal classes. Those at large constantly wore them round their necks, and treated them as amulets to preserve them from danger and detection.

[87] Lord John Russell, at that time Home Secretary.

[88] See _ante_, vol. i. cap. vi.

[89] Newgate Calendar.

[90] Catnach's 'Street Literature.'

[91] 'A Book for a Rainy Day,' p. 167.

[92] _Ibid._ p. 171.

[93] See _ante_, p. 127.

[94] Governor Wall had held the rank of colonel in the army when serving at Goree.

[95] 'Picturesque Sketches of London,' by Thomas Miller, 1851.

[96] See _ante_, p. 214.

[97] 'The Punishment of Death in the Metropolis.' E. Gibbon Wakefield, p. 139.

[98] It was the Rev. Peter Fenn.

[99] By 32 Henry VIII. cap. 42 (1540), surgeons were granted four bodies of executed malefactors for "anathomyes," which privilege was extended in the following reign.--Haydn, 'Dict. of Dates,' p. 32.

[100] Sir Baptist Hicks also built Campden House, Kensington. In 1628 he was created Baron Hicks and Viscount Campden, with remainder to his daughter's children. She was the wife of Lord Noel, ancestor of the present Earl of Gainsborough.

[101] 'New Monthly Magazine,' 1855, p. 376.

[102] This murder inspired De Quincey's 'Murder as one of the Fine Arts.'

[103] Dymond, 'The Law on its Trial,' p. 57.

[104] Dymond, 'The Law on its Trial,' p. 194.

[105] That of Roderick Maclean, 1882.

[106] See cap. i. p. 7.

[107] It was said that the dinners he gave were of the most sumptuous and _recherché_ description. The story goes, that one of his most chosen friends, who attended him to the scaffold, entreated him, as on the brink of the grave, and unable to take anything out of the world with him, to reveal the secret of where some wonderful curaçoa was obtained, for which Fauntleroy's cellar was famous.

[108] See _ante_, p. 102.

[109] The reader will have perceived from the Inspectors of Prisons first report that this hope was still unfulfilled in 1836, twelve years later.

[110] See chap. ii. p. 129.

[111] For abduction. See _post_, p. 302.

[112] At Liverpool, in 1842, there was a case of abduction, and the well-known case of Mr. Carden and Miss Arbuthnot in Ireland occurred as late as 1854.

[113] See vol. i. p. 178.

[114] But not quite. The Warwick Mail was stopped in 1827, and robbed of £20,000 in bank-notes.

[115] That sound and illustrious lawyer, Sir James Stephen, is of opinion that the receiver of stolen goods is one of the greatest of criminals; and in his recently-published history of the Criminal Law he seriously recommends capital punishment for those who have been repeatedly convicted of the offence.

[116] See _ante_, p. 317.

[117] See _ante_, p. 344.

[118] See _ante_, p. 18.

[119] Erected for night watchman.

[120] _i. e._ sentence.

[121] 'Times,' Nov. 15, 1864.

[122] See _post_, p. 441.

[123] See _ante_, p. 369.

[124] See _ante_, p. 271.

[125] That of Cook, for which he was tried and sentenced to death.

[126] They have since been repeated, but accompanied by more premeditation, in the case of Lefroy, who murdered Mr. Gould in a first-class carriage on the Brighton line in 1881.

[127] Evidence of Lieutenant-Colonel Jebb, Commons' Committee, 1850, ii. 50.

[128] None, however, equalled the enormous expenditure incurred at York, where a prison had been built some years previously, under the auspices of Sydney Smith, at a cost of about £1000 per cell.

[129] Prisoners at first greatly dreaded the mask. Mr. Field, in his book on prison discipline, mentions a prisoner on his way to Reading Gaol, soon after the separate system was introduced, who jumped out of the cart at the gaol door and tried to drown himself, handcuffed as he was. His plea when rescued was that he wished to avoid the mask.

* * * * *

Typographical errors corrected by the etext transcriber:

Quaker linendraper=> Quaker linen-draper {pg 8}

A newspaper report of the time describes Fauntleroy "as a well-made=> A newspaper report of the time describes Fauntleroy as "a well-made {pg 296}

had commited suicide=> had committed suicide {pg 349}