Press cuttings 1877
transcribed by Deidre Millington Nottinghamshire - September 2010
LAMENTABLE RESULT OF THE
RECENT ASSAULT CASE AT CHICHESTER
UNPLEASENT RUMOURS OF GAOL
TREATMENT
It seldom happens that anything of really grave
nature occurs to disturb the equanimity of Chichester,
but on Thursday evening last-intelligences was received
of the death at Petworth Goal of a young man named
William Gardiner, who, less than a fortnight ago, had
been committed to six months' hard labour for an
assult on a deaf and dumb old woman.
The news of his death was received at first with
some amount of doubt, but when the fact was
established beyond question certain rumours gained
ground in the city that the treatment of the unfortunate young man in prison had been such as to hasten
his death. The incidence of circumstances in a
measure corroberated this idea, and public feeling
ran high indeed in Chichester.
From our reports of the man in previous issues it
will be remembered that the deceased was a journeyman
butcher in the service of Mr Ballard. On Whit
Monday he appears to have taken drink sufficent to
cloud his senses, and in a moment of temorary madness committed the assault on the woman which led
to his committal at the Sessions. The sentence passed
on him by the learned Recorder was considered to
be extremely lenient, but, unhappily, the length of
time directed for his encarceration proved not to be so
much a matter of moment as a penal conviction, and
under this he unquestionably died of a broken heart.
The deceased has the best of characters, and Mr
Ballard, in whose service he had been for several years,
exerted himself to the utmost in behalf of the unfortunate young man. Nine days after the reception
into the county goal he died.
The law directs that an inquest shall be held upon
every person whose death occurs within the walls of a
prison, and on Saturday last F. J. Maltin, Esq.,
County Coroner held an enquiry into the circumstances
surrounding the death of Gardiner.
The unpleasent rumour prevelent in the city respecting the alleged treatment of the deceased did not
escape the notice of the Coroner, and in consequence of
this a most searching enquiry was instituted by that
gentleman. It is, at the least gratifying to find that
the verdict of the jury, based upon the most complete
evidence that could be procured, fully exonorated the
gaol officals from any blame or neglect which might
have conduced to the premature death of the deceased.
In opening the enquiry, the learned Coroner told the
jury that the law of the land held human life to be
so sacred that it required an inquest to be held upon
the body of every person dying in prison, in order that
the public might be satisfied that the deceased came to
his death in due course of nature and not from any
hardship inflicted during his encarceration. He might
mention that in respect to this case of the death of
the deceased, great excitement prevailed in the city
of Chichester. Certain rumours had their origin in
that excitement. He did not mention that this is an inducement to them to do their duty, which he was sure
they would do in every case, but to show the wisdom
of the requirement of the law. He desired the fullest
investigation to be made into the death of the deceased,
and trusted that the result of this enquiry would be
such as to allay the excitement and give the rumour no
place for her busy tongue.
Mr Linton, Governor of the Gaol, was first
examined. He deposed to receiving the deceased into
his custody, and stated that the day afterwards duty
called him to Lewes Assizes. Previous to that he
ordered the deceased to be put upon the treadmill.
There were three kinds of punishment he might have
ordered him to, but as the prisoner seemed mentally
depressed he thought the sense of association with
other prisoners might be beneficial to him.
The crank would have been another source
of punishment, but he had known men nearly
killed through working at it. Such cases,
however, were exceptional. On the Wednesday
morning witness was called to Lewes Assizes, and
did not go back to the gaol until Saturday.
Deceased would have to work at the treadmill all the time, unless relieved by the
doctor. According to the books he performed 9,000
revolutions per day, the maximum being 12,000. On
the Saturday morning witness saw deceased in his cell,
when he complained of a pain on his stomach. He
directed him to remain in his cell and to be visited by
the doctor. Witness do not take upon himself to judge
whether the alleged illness of a prisoner was genuine or
assumed, but left it to the doctor to decide. The next
day and on Sunday prisoner seemed better. On
Monday he again complained of a pain in his stomach,
and said the work he was put to hurt him. Witness at
once ordered the case to be reported to the surgeon, and
directed his labour should be removed from the
wheel to the pump. A warder was there placed over
him, who was instructed not to enforce labour on the
deceased, but simply to see that he kept hold of the
handle and went mechanically round with it. at a
quarter past six on Thursday morning whilst witness
was in his garden, the Chief Warder came to him and
said that Gardiner looked "very strange". He at once
went to him and found that his eyes were protruding
and saliva was issuing from his mouth. He looked
as if he recovering just recovering from an epileptic fit. The
doctor was at once sent for and arrived within five
minutes. When able to be removed, the prisoner was
conveyed to the Infirmary. Witness then sent to his
wife, and Mr Ballard, a message of his illness in the
course of the day the latter named persons arrived and
he [Mr Linton] left them alone in order that they
might have unrestrained conversation with each other.
He made such arrangements that, if desirable, prisoner's
wife might remain with her husband to nurse him
during the night.
The Coroner informed witness of the rumours which
had gained ground and asked him if any knowledge
had come to him that the deceased was pulled out of bed
and ordered to work, when he expressed himself unable
to rise.
Mr Linton said that this was the first intimation he
had received of anything of the kind. He did not
believe it possible, and asked the Coroner to hear the
evidence of the warders who were in attendance upon
the deceased.
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William Gardiner - original article
Petworth Prison
John Mance
Petworth index
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The Coroner: Had he been to work every day since
his incarceration?
Witness: He would be unless the doctor ordered him
to his cell.
The Coroner: has it come to your notice that he was
forcibly pulled out of bed one morning when he was
unfit for work?
Mr. Linton: No; such a thing is quite new to me.
The Coroner: Is it true that prisoners are weighed
and measured every morning?
Witness: No; they are weighed when received into
the prison, and there is a periodical weighing of every
prisoner each month. Deceased might have been
weighed twice during the time of his incarceration.
In answer to Mr. Ballard, it transpired that deceased
had said before he died that the Governor wanted
nothing unreasonable of him, but a complaint was
made of the warder in attendance.
Mr. Linton further deposed that the deceased was depressed
in spirits at the time of his reception, and in consequence of that he put him to such labour as he
thought would be beneficial to him.
The Coroner told witness that there were serious
rumours current in Chichester concerning the treatment of deceased in gaol, and asked if he had ever
complained to him of a pain in the stomach.
The Governer replied in the negative, and said he
looked upon the case as one of ordinary depression, and
treated it in the usual way.
The Coroner here handed to the Governor a letter
which was latter directed to Mr. Ballard, of Chichester,
in which he stated that the deceased had been in bed two
or three days from illness. Upon this Mrs. Ballard
went over to the gaol, and in communication with him
found that he had not been in bed at all but that each
day he had been kept to hard labour.
Mr. Linton explained this by saying that he had
been at Lewes Assizes for four days, and received his
information from his chief warder.
Replying again to Mrs. Ballard, witness said the
deceased complained of illness the day he was received
into the gaol.
William Miles, chief warder, deposed to receiving
instructions to put the prisoner upon the wheel. If at
full work he would be engaged eight hours per day.
In answer to Mrs. Ballard, this witness said he might
have complained of illness on the day he was received.
He could not eat prison food an account of his
illness. Witness never heard him complain that he
was unable to do allotted work, and kept him at
work on the tread wheel until the Govenor came back.
He never heard of him being taken forcibly from his
bed. If a prisoner did not get up when his door was
opened in the morning, it was the duty of the warder
to inform him. Deceased never complained to him
that he was unable to do his work. The day before he
died he seemed much better.
Mr. Linton produced the prison weigh book, which
showed that when received into the gaol deceased
weighed eight stone, and that between the first and
second weighing there was no difference.
Thomas Woods, a warder in charge of the section in
which the deceased was placed denied having pulled him
out of bed or otherwise touched him, and a prisoner
who was working on the wheel with Gardiner
was sworn and stated that he never heard him make
any complaint.
The warder Woods was recalled, and, in answer to
Mrs. Ballard, said he never pulled the deceased out of
bed, or that the latter said to him, "You will be the
death of me"
Dr Wilmot, assistant surgeonto the gaol, deposed
that he had to make a post mortem examination of the
deceased and found an ulcer in the lower part of the
stomach which had perforated the bowels. He had
attended the deceased during the time he was in prison
and on one occasion had directed his removal from hard
labour. The cause of death was peritonitis induced
by the discharge of an ulcer which perforated the
bowels. The doctor also gave evidence very fully as
to the deceased's condition day by day, producing the
surgeon's book and showing entries.
Mrs. Hallard was next sworn. She stated that she
had a conversation with the deceased half an hour
before he died and he then made a statement to her,
and at the time he did so she was of the opinion that he
was aware of his approaching death.When she saw
him in gaol she found him greatly altered but perfectly conscious. He told her he had suffered
fearfully from a pain in the stomach ever since he
entered the gaol. It prevented him from sleeping
and rendered him unable to take the food allotted to him.
He stated that two mornings ago he was unable to get
up and a warder forcibly pulled him out of bed. He
said at the time that the warder would be the death of
him. Witness asked him why he did not complain to
Mr. Linton and he replied that Mr. Linton himself
required nothing unreasonable. Deceased described
the work at the treadwheel as "tearing his stomach
out" and said that on that morning [the day of his
death] he heard something snap in his stomach. At
that time he was too ill to reach the bell for assistance.
The Coroner then summed up at considerable length,
and alluding to the importance of such an enquiry,
said it was not altogether for the satisfaction of
the relatives of the deceased that he came by his death
from causes that were natural, but in order that the
outside public might learnthat nothing of an illegal
character was connected with his death. After an
exhaustive resume of the evidence he left it to the
jury to say, first, how the deceased came by his
death and secondly whether there was any
blame or neglect to be attributed to the prison
officials. Neither the surgeon or the governor of a
gaol were negligent and it was only necessary that the
jury should forcibly and fearlessly express their
opinion upon the evidence before them.
After a brief consultation the jury returned a
verdict of "Death from natural causes" without
attributing blame, neglect or misconduct to any of
the prison authorities.
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original transcription by Deidre Millington Nottinghamshire - September 2010
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