c. 40, any two justices might remove a prisoner found to be insane,

either on commitment or arraignment, to an asylum, and the Secretary of State had the same power as regards any who became insane while undergoing sentence. These powers were not invariably put in force, and there were in consequence many unhappy lunatics in Newgate and other gaols, whose proper place was the asylum. At the time the Lords' Committee sat there were eight thus retained in Newgate, and a return in the appendix of the Lords' report gives a total of thirty-nine lunatics confined in various gaols, many of them guilty of murder and other serious crimes. The inspectors in the following year, on examining the facts, found that some of these poor creatures had been in confinement for long periods: at Newgate and York Castle as long as five years; "at Ilchester and Morpeth for seven years; at Warwick for eight years, at Buckingham and Hereford for eleven years, at Appleby for thirteen years, at Anglesea for fifteen years, at Exeter for sixteen years, and at Pembroke for not less a period than twenty-four years."

It was manifestly wrong that such persons, "visited by the most awful of calamities," should be detained in a common prison. Not only did their presence tend greatly to interfere with the discipline of the prison, but their condition was deplorable in the extreme. The lunatic became the sport of the idle and the depraved. His cure was out of the question; he was placed in a situation "beyond all others calculated to confirm his malady and prolong his sufferings." The matter was still further complicated at Newgate by the presence within the walls of sham lunatics. Some of those included in the category had actually been returned as sane from the asylum to which they had been sent, and there was always some uncertainty as to who was mad and who not. Prisoners indeed were known to boast that they had saved their necks by feigning insanity. It was high time that the unsatisfactory state of the law as regards the treatment of criminal lunatics should be remedied, and not the least of the good services rendered by the new inspectors was their inquiry into the status of these unfortunate people, and their recommendation to improve it.

The other inmates of the prison of an exceptional character, and exempted from the regular discipline, such as it was, were the ten persons committed to Newgate by the House of Commons in 1835. These were the gentlemen concerned in the bribery case at Ipswich in 1835, when a petition was presented against the return of Messrs. Adam Dundas and Fitzroy Kelly. Various witnesses, including Messrs. J. B. Dasent, Pilgrim, Bond, and Clamp, had refused to give evidence before the House of Commons' Committee; a Speaker's warrant was issued for their arrest when they absconded. Mr. J. E. Sparrow and Mr. Clipperton, the parliamentary agents of the members whose election was impugned, were implicated in aiding and abetting the others to abscond, and a Mr. O'Mally, counsel for the two M.P.'s, was also concerned. Pilgrim and Dasent were caught and given into the custody of the sergeant-at-arms, and the rest were either arrested or they surrendered. A resolution at once passed the House without division to commit the whole to Newgate, where they remained for various terms. Dasent and Pilgrim were released in ten days, on making due submission. O'Mally sent in a medical certificate, declaring that the imprisonment was endangering his life, and after some question he was also released. The rest were detained for more than a month, it being considered that they were the most guilty, as being either professional agents, who advised the others to abscond, or witnesses who did not voluntarily come forward when the chance was given them.

Many of the old customs once prevalent in the State Side, so properly condemned and abolished, were revived for the convenience of these gentlemen, whose incarceration was thus rendered as little like imprisonment as possible. A certain number, who could afford the high rate of a guinea per diem, fixed by the under sheriff, were lodged in the governor's house, slept there, and had their meals provided for them from the Sessions House or London Coffee-House. A few others, who could not afford a payment of more than half a guinea, were permitted to monopolize a part of the prison infirmary, where the upper ward was exclusively appropriated to their use. They also had their meals sent in, and, with the food, wine almost _ad libitum_. A prisoner, one of the wardsmen, waited on those in the infirmary; the occupants of the governor's house had their own servants, or the governor's. As a rule, visitors, many of them persons of good position, came and went all day long, and as late as nine at night; some to the infirmary, many more to the governor's house. There were no restraints, cards and backgammon were played, and the time passed in feasting and revelry. Even Mr. Cope admitted that the committal of this class of prisoners to Newgate was most inconvenient, and the inspectors expressed themselves still more strongly in reprehension of the practice. The infirmary at this particular period epitomized the condition of the gaol at large. It was diverted from its proper uses, and, as the "place of the greatest comfort," was allotted to persons who should not have been sent to Newgate at all. All the evils of indiscriminate association were strongly accentuated by the crowd collected within its narrow limits. "It may easily be imagined," say the inspectors, in speaking of the prison generally, "what must be the state of discipline in a place filled with characters so various as were assembled there, where the tried and the untried, the sick and the healthy, the sane and the insane, the young and the old, the trivial offender and the man about to suffer the extreme penalty of the law, are all huddled together without discrimination, oversight, or control."

Enough has probably been extracted from this most damnatory report to give a complete picture of the disgraceful state in which Newgate still remained in 1835. The inspectors, however, honestly admitted that although the site of the prison was convenient, its construction was as bad as bad could be. Valuable space was cumbered with many long and winding passages, numerous staircases, and unnecessarily thick and cumbrous inner walls. The wards were in some cases spacious, but they were entirely unsuited for separation or the inspection of prisoners. The yards were narrow and confined, mainly because the ground plan was radically vicious. These were evils inseparable from the place. But there were others remediable under a better system of management. More attention to ventilation, which was altogether neglected and inadequate, would have secured a better atmosphere for the unhappy inmates, who constantly breathed an air heavy, and, when the wards were first opened in the morning, particularly offensive.

Again, the discipline commonly deemed inseparable from every place of durance was entirely wanting. The primary object of committing a prisoner to gaol, as the inspectors pointed out, was to deter not only the criminal himself, but others from crime, and "to dispose him, by meditation and seclusion, to return to an honest life." But at Newgate the convicted prisoner, instead of privation and hard fare, "is permitted to purchase whatever his own means or the means of his friends in or out of prison can afford, and he can almost invariably procure the luxuries of his class of life, beer and tobacco, in abundance. Instead of seclusion and meditation, his time is passed in the midst of a body of criminals of every class and degree, in riot, debauchery, and gaming, vaunting his own adventures, or listening to those of others; communicating his own skill and aptitude in crime, or acquiring the lessons of greater adepts. He has access to newspapers, and of course prefers that description which are expressly prepared for his own class, and which abound in vulgar adventure in criminal enterprise, and in the histories of the police, the gaol, and the scaffold. He is allowed intercourse with prostitutes who, in nine cases out of ten, have originally conduced to his ruin; and his connection with them is confirmed by that devotion and generosity towards their paramours in adversity for which these otherwise degraded women are remarkable. Having thus passed his time, he returns a greater adept in crime, with a wider acquaintance among criminals, and, what perhaps is even more injurious to him, is generally known to all the worst men in the country; not only without the inclination, but almost without the ability of returning to an honest life."

These pungent and well-grounded strictures applied with still greater force to the unconvicted prisoner, the man who came to the prison innocent, and still uncontaminated, to be subjected to the same baneful influences, and to suffer the same moral deterioration, whether ultimately convicted or set free. The whole system, or more correctly the want of system, was baneful and pernicious to the last degree. The evils of such association were aggravated by the unbroken idleness; one "evil inflamed the other;" reformation or any kind of moral improvement was impossible; the prisoner's career was inevitably downward, till he struck the lowest depths. "Forced and constant intercourse with the most depraved individuals of his own class; the employment of those means and agents by which the lowest passions and the most vulgar propensities of man are perpetually kept in the highest state of excitement--drink, gaming, obscene and blasphemous language; utter idleness, the almost unrestricted admission of money and luxuries; uncontrolled conversation with visitors of the very worst description--prostitutes, thieves, receivers of stolen goods; all the tumultuous and diversified passions and emotions which circumstances like these must necessarily generate, forbid the faintest shadow of a hope that in a soil so unfavourable for moral culture, any awakening truth, salutary exhortation, or imperfect resolutions of amendment can take root or grow."

Strong as were the foregoing remarks, the inspectors wound up their report in still more trenchant language, framing a terrible indictment against those responsible for the condition of Newgate. Their words deserve to be quoted in full.

"We cannot close these remarks," say the inspectors, "without an expression of the painful feelings with which we submit to your Lordship[87] this picture of the existing state of Newgate. That in this vast metropolis, the centre of wealth, civilization, and information; distinguished as the seat of religion, worth, and philanthropy, where is to be found in operation every expedient by which Ignorance may be superseded by Knowledge, Idleness by Industry, and Suffering by Benevolence; that in the metropolis of this highly-favoured country, to which the eyes of other lands turn for example, a system of prison discipline such as that enforced in Newgate should be for a number of years in undisturbed operation, not only in contempt of religion and humanity, but in opposition to the recorded denunciations of authority, and in defiance of the express enactments of the law, is indeed a subject which cannot but impress every considerate mind with humiliation and sorrow. We trust, however, that the day is at hand when this stain will be removed from the character of the city of London, and when the first municipal authority of our land will be no longer subjected to the reproach of fostering an institution which outrages the rights and feelings of humanity, defeats the ends of justice, and disgraces the profession of a Christian country."

The publication of this report raised a storm in the city, and the corporation was roused to make an immediate protest. A committee of aldermen was forthwith appointed to report upon the inspectors' report, and the result was another lengthy blue book, printed in the parliamentary papers, 1836, traversing where it was possible the statements of the inspectors, and offering explanation and palliation of such evils as could not be denied. The inspectors retorted without loss of time, reiterating their charges, and pointing out that the committee of aldermen by its own admission justified the original allegations. It was impossible to deny the indiscriminate association; the gambling, drinking, smoking, quarrelling in the gaol; the undue authority given to prisoners, the levying of garnish under another name, the neglect of the condemned convicts, the filthy condition of the wards, the insufficiency of bedding and clothing, the misemployment of officers and prisoners by the governor. The corporation evidently had the worst of it, and began to feel the necessity for undertaking the great work of reform. Next year we find the inspectors expressing their satisfaction that "the full and faithful exposure which we felt it our duty to make of Newgate has been productive of at least some advantage, inasmuch as it has aroused the attention of those upon whom parliamentary reports and grand jury presentments had hitherto failed to make the slightest impression."

The measures of improvement introduced were mainly as follows: the fixing of "inspection holes" in the doors and walls, so as to insure more supervision; of windows opening into the well-holes, to give better light and ventilation; the construction of bed-places, three tiers high alongside the walls for males, two tiers for females; the provision of dining-rooms and dining-tables. The infirmary was enlarged, the admission of visitors limited, and the passing of articles prevented by a wire screen. The windows were to be glazed and painted to prevent prisoners from looking out; baths, fumigating places for clothing, wash-house, and the removal of dust-bins, completed the new arrangements in the main prison. In the press-yard, the press-room and ward above it were parcelled out into nine separate sleeping cells; each was provided with an iron bedstead, and a small desk at which the condemned man might read or write. But the one great and most crying evil remained unremedied. "The mischief of gaol associations," say the inspectors, "which has been demonstrably proved to be the fruitful source of all the abuses and irregularities which have so long disgraced Newgate, is not only permitted still to exist in the prison, but is rendered more powerful than before."... In endeavouring to arrest contamination, prisoners were more closely confined, and associated in smaller numbers; but this had the effect of throwing them into closer contact, and of making them more intimately acquainted with, more directly influential upon, one another.

In the inspectors' fourth report, dated 1839, they return to the charge, and again call the corporation to task for their mismanagement of Newgate. Abuses and irregularities, which had been partially remedied by the reform introduced in 1837, were once more in the ascendant. "In our late visits," they say, "we have seen manifest indications of a retrograde movement in this respect, and a tendency to return to much of that laxity and remissness which formerly marked the management of this prison." Again the following year the inspectors repeat their charge. "The prominent evils of this prison (Newgate)--evils which the alterations made within the last four years have failed to remove--are the association of prisoners, and the unusual contamination to which such association gives rise. For nearly twenty-two hours out of the twenty-four the prisoners are locked up, during which time no officer is stationed in the ward with them." They go on to say--"Newgate is only less extensively injurious than formerly because it is less crowded. The effects of the imprisonment are to vitiate its inmates, to extend their acquaintanceship with each other, to corrupt the prisoner charged with an offence of which he may be innocent, and to confirm in guilt the young and inexperienced offender."

The reports as the years flow on reiterate the same complaints. Much bitterness of feeling is evidently engendered, and the corporation grows more and more angry with the inspectors. The prison officials appear to be on the side of the inspectors, to the great dissatisfaction of the corporation, who claimed the full allegiance and support of its servants. In a resolution passed by the Court of Aldermen on 18th March, 1842, I find it ordered "that the ordinary of Newgate be restricted from making any communications to the Home Office or the Inspectors of Prisons, and that he be required wholly to confine himself to the performance of his duty as prescribed by Act of Parliament." The inspectors were not to be deterred, however, by any opposition from the earnest discharge of their functions, and continued to report against Newgate. In their tenth report they state that they are compelled by an imperative sense of duty to advert in terms of decided condemnation to the lamentable condition of the prisons of the city of London,--Newgate, Giltspur St. Compter, and the City Bridewell,--in which the master evil of gaol association and consequent contamination still continues to operate directly to the encouragement of crime. "The plan adopted for ventilating the dining-room on the 'master's side' and that of the middle yard is very inefficient; it consists of several circular perforations, about two inches in diameter, slanting downwards from the top of the walls to the outside adjoining the slaughter-houses of Newgate market; and occasionally, in hot weather, instead of ventilating the apartments, they only serve to convey the offensive effluvia arising from the decaying animal matter into the dining-rooms. Sometimes the stench in hot weather is said to be very bad. Many rats also come through these so-called ventilators, as they open close to the ground at the back of the prison." At the same time the inspectors animadvert strongly upon the misconduct of prisoners and the frequency of prison punishments, both offences and punishments affording a sufficient index to the practices going forward; and they wind up by declaring that a strict compliance with their duties gave them no choice "but to report matters as we found them, and again and again to protest against Newgate as it at present exists."

No complete and permanent improvement was indeed possible while Newgate remained unchanged. It was not till the erection of the new prison at Holloway in 1850, and the entire internal reconstruction of Newgate according to new ideas, that the evils so justly complained of and detailed in this chapter were entirely removed. But these are matters which will occupy a later page in my narrative.