Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolitionGriffiths, Arthur
History
Chronicles of Newgate, Vol. 2: From the eighteenth century to its demolition
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
Avarice was no doubt a primary cause of the ill-treatment of prisoners,
and heavy fees were exacted to obtain "easement" or "choice" of irons.
This idea of turning gaols to profit underlaid the whole system of
prison management. The gaolers bought or rented their places, and
they had to recoup themselves as best they could. A pernicious vested
interest was thus established, which even the legislature acknowledged.
The sale of strong drink within the prison, and the existence of a
prison tap or bar, were recognized and regulated by law. Drunkenness in
consequence prevailed in all prisons, fostered by the evil practice of
claiming garnish, which did not disappear till well on into the past
century. Another universal method of grinding money out of all who
came within the grip of the law was the extortion of gaol fees. It was
the enormity of demanding such payment from innocent men, acquitted
after a fair trial, who in default were hauled back to prison, that
first moved Howard to inquire into the custom at various prisons.
As early as 1732 the Corporation of London had promulgated an order
that all prisoners acquitted at the Old Bailey should be released
without fees. But when Howard visited Newgate forty years later, Mr.
Akerman the keeper showed him a table of fees "which was given him
for his direction when he commenced keeper." The sums demanded varied
from 8_s._ 10_d._ for a debtor's discharge, to 18_s._ 10_d._ for a
felon's, and £3 6_s._ 8_d._ for a bailable warrant. The exactions for
fees, whether for innocent or guilty, tried or untried, was pretty
general throughout the kingdom, although Howard found a few prisons
where there were none. Even in his suggestions for the improvement of
gaols, although recommending the abolition of fees and the substitution
of a regular salary to the gaoler, he was evidently doubtful of
securing so great a reform, for he expresses a hope that if fees were
not altogether abolished they may at least be reduced. However, the
philanthropist found a welcome support from Mr. Popham, M. P. for
Taunton, who in 1773 brought in a bill abolishing gaolers' fees, and
substituting for them fixed salaries payable out of the county rates,
which bill passed into law the following year in an amended form. This
Act provided that acquitted prisoners should be immediately set at
large in open court. Yet the law was openly evaded by the clerks of
assize and clerks of the peace, who declared that their fees were not
cancelled by the Act, and who endeavoured to indemnify themselves by
demanding a fee from the gaoler for a certificate of acquittal. In one
case at Durham, Judge Gould at the assizes in 1775 fined the keeper
£50 for detaining acquitted prisoners under this demand of the clerk
of assize, but the fine was remitted on explanation. Still another
pretence often put forward for detaining acquitted prisoners until
after the judge had left the town was, that other indictments might be
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