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CRIMES AND PUNISHMENTS.

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In a state prison, almost every action of the prisoners, not particularly mentioned in the By-Laws, is either a crime or not, according to the whim that happens to be in the breast of the keeper at the time it is done. Hence there are many actions punished, and sometimes very severely, which were not known to have been improper at the time they were committed, but which, by a very common post facto process, became crimes afterwards. Any thing which a prisoner does or neglects to do, is, if the guard or keeper who notices it, has any spite to gratify, dressed up in a criminal suit and made a pretext for punishment. To smile or look sober, to speak or keep silence, to walk or sit still, is alike criminal when convenience requires.

It is, also, a rule of conduct with the keepers, to punish all for the crime of one. Instances of this are very common. I will mention some of them.

There was a little upstart dandy among the prisoners, who on one occasion, had his hair cut by order of his keeper a little shorter than his vanity desired. Displeased with this, he immediately had all his hair cut down to one quarter of an inch; and on account of this criminal vanity and resentment in him, every head in the prison was scissored down to a quarter of an inch for more than two years.

To make his displeasure fall with full force on one of the prisoners, the Warden once took every book out of the work shops and ordered that no prisoner should rest from his work two minutes at a time, from morning till night.

Because some of the prisoners have pretended that they were sick when they were not, every sick man is neglected.

Another fact in relation to crimes is, that some of the keepers have given their countenance and aid to the prisoners in the commission of them, and shared with them the profits of their wickedness. It is well known that some of the keepers have assisted the prisoners to get materials into the cells for weaving suspenders; and when woven, they have sold them and divided the money. Fine keepers! Fit men to reform the guilty! Assist the prisoners to steal, and divide the plunder!

But when we come to those crimes which are specified in the By-Laws, the most frequent grow out of the following sources:—

1. Defects in the work. For the smallest defect here, the prisoner is often made to feel severely. What is so small that none but a malignant eye would notice it, some variation in the shade, something that could not have been avoided, is too often carried on to the books as a great crime, for which only ten days in the solitary cell can atone.

2. Not keeping a proper distance in walking. The laws require the prisoners to keep six feet apart in going to and returning from their cells and meals. This requires no small share of practical trigonometry, and if a prisoner should not be pretty good to learn, before he can possibly keep in the right spot, the guard will have an opportunity to give him a number of solitary lectures. Many a man, who thought he was exactly right, not knowing so well as the more learned guard, has been sent into punishment, and made to feel how sad a thing it is, not to understand the six feet trigonometry.

3. Insolence is another crime. This is committed very frequently, as an accent or emphasis is sufficient for this purpose. The keepers and guard are very tenacious of their dignity, and what the governor of the state would consider respectful language, if addressed to him, they consider insolence. If one should turn over the pages of the black book, he would find this crime written to the sorrow of many a prisoner.

4. Not performing the task. This crime is generally found against learners, who have not had time to become masters of their work. This, however, is no excuse, the task is fixed and must be done. Nor is it of any avail that the materials have been poor, the complaint is,—the work is not done, and nothing but the grave can hide from, or avert the penalty.

5. Speaking together without liberty. Many are punished for this crime, and very justly in many instances no doubt, but not in all. If a prisoner is seen to move his lips this crime is written against him, and suffer he must.

6. The other crimes might be ranged under the heads of "wasting the materials"—"attempting to escape"—"resisting the authority," &c., all of which are frequently found in the books against the prisoners; and I know not that any criminal of these stamps has had much reason to complain, that his sufferings have been too severe.

This is the proper place to state the absolute authority of the keepers and guard over the destinies of the convicts. If one is reported, he must be punished, and that too without a hearing, and often without knowing the crime alleged against him. If he should ask the officer what his crime is, the answer would be, "you know what it is." After he finds out the crime, and desires to be released from punishment, the one who reported him must be consulted; and after he is willing, the sufferer must avow that he is guilty, and promise to reform, before he can get out. Innocent or guilty, it makes no difference, he must say—"I am guilty," or he will plead in vain to be released; and many a one has lied by compulsion, in order to get rid of further suffering. This was his only alternative, he must spot his soul with falsehood, or die a martyr to truth.

The punishments are of different kinds; the most common is that of confinement in the solitary cell. This is cruel and dreadful. The want of food reduces the strength and takes away the flesh, so that when the sufferer comes out, his face is often pale as death, his frame only a skeleton, and he unable to walk without reeling. He has only a small piece of bread once in twenty-four hours, with a pail of water; and no bed but the rock. In the winter he has a blanket, but such is the degree of cold to which he is exposed, that he has to keep walking and stamping night and day, to keep from freezing to death. And having no proper nourishment to sustain him, he becomes, under the joint influence of cold, fatigue, and hunger, a miracle of suffering, over which Satan himself might weep. Day after day, and night after night, he drags along his heavy and burdensome existence, friendless and unpitied, the sport of his unfeeling keepers, and the victim of an eternity of torment. I know what this suffering is, for I have experienced it. Seven days and seven nights, in the dead of winter, I hung on the frozen mountain of this misery, and died a thousand deaths. Every day was an eternity, and every night forever and ever; and all this I endured because I incautiously smiled once in my life, when I happened to feel less gloomy than usual. But my suffering was nothing compared with others. Some spend twelve, some twenty, and some over thirty days there. My heart chills at the thought! If God is not more merciful than man, what will become of us?

Another kind of punishment is the block and chain. This is a log of wood, weighing from thirty to sixty pounds, to which a long chain is fastened, the other end of which is fastened around the sufferer's ancle. This he carries with him wherever he goes, and performs, with it, his daily task. This is not much used, it being less severe than the solitary cell. Some have carried these for several weeks, and even months.

The iron jacket is another form of punishment, inflicted only once in a great while. This is a frame of iron which confines the arms down, and back, and prevents the person from lying down with any comfort. This is generally accompanied with one of the other kinds of punishment, as it is not considered much inconvenience alone.

Connected with these several kinds of punishment is the putting the convict down from one of the upper stories if he is up there. The whole administration of the prison is clothed with terror, and there is no end to its vengeance. The first form of suffering is only the first lash, and each additional form comes in regular succession. This is the second lash. The third is this—the number of times that the prisoner has been in punishment, is always brought up when an application is made for a pardon. The Reporter of characters takes a full share of gratification in adverting to these, when a certificate of the conduct is given. I cannot mention this man's conduct without indignation. I hope he will find room for repentance, and obtain pardon from his God for his many vexatious acts in relation to the prisoners. I know of no man in whose breast so little humanity prevails. Every prisoner will carry to judgment a charge against him. One drop of human sympathy never flowed in his veins. A mountain of ice has frozen around his heart. His acts of inhumanity would fill volumes, and it would require years to record them. I pity him from my soul, and though I have felt more than once, the weight of his mercy, I freely pardon him. If he should ever look on this page, I hope he will remember how unjustly he abused me, because he had the power, and I could not help myself. I wish also that he would think of Plumley, and the three times convicted sufferer of Woodstock Green.

Besides those already mentioned, it may not be out of place to touch on a few of what may be called extra judicial inflictions, or those which are felt by the prisoners without the usual process of a "report in writing." These are—not sending their letters, nor admitting those sent to them—adding a yard to the task of a man, who did not feel like doing more than was required of him, and making him use the finest and most difficult materials—imposing the worst work, and allowing only the poorest tools. These, and many other vexatious practices, are as common as the return of day and night; so that the prison at Windsor is one of those gloomy and dreadful places, which image to the mind that house of woe and pain, where are weeping and wailing, and gnashing of teeth; where the worm dieth not and the fire is not quenched; and into which the wicked will be turned, and all the nations that forget God.

That the reader may have a full view of this subject, I shall give in the next chapter a multitude of cases, which will fully illustrate this very important and affecting part of my sketches.

Recollections of Windsor Prison

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