German and Austrian Prisons: Prisons of Prussia, Bavaria, Saxony and Austria-Hungary; the Fortresses of Magdeburg and SpielbergGriffiths, Arthur
History
German and Austrian Prisons: Prisons of Prussia, Bavaria, Saxony and Austria-Hungary; the Fortresses of Magdeburg and Spielberg
Griffiths, Arthur
Prisons -- Austria -- History; Prisons -- Germany -- History
On the 1st of August, 1818, he was declared guilty of murder and
sentenced to indefinite imprisonment in a fortress. The regular
punishment for murder was death, but in this case the learned jurist
Feuerbach admitted that had the court not accepted Riembauer’s
confession, he could not have been convicted, because the evidence,
though strong, was purely circumstantial. It was proved that the woman
had visited him; that an umbrella marked with her initials was in his
possession; that she had been buried under a shed on his farm, and that
the floor of his room was stained with blood and showed the result
of efforts to remove the stains with a plane; yet the court held that
evidence was lacking as to marks on the body for sufficient proof of
the actual manner of death.
The use of physical torture was abandoned in 1806, and then only
with a strong protest from judges of the old school, who parted with
great reluctance with so simple and expeditious a method of obtaining
evidence.
Curiously enough, the accused persons in the Bavarian courts were
generally moved to confess. Many reasons for this are given. Some few
confessed from remorse, others could not beat off the pertinacious
interrogatories of the judge, not a few were anxious to end the long
period of acute anxiety and suspense, and many were exasperated beyond
measure by the strict discipline and compulsory silence enforced in
Bavarian prisons. Rather than be condemned to perpetual silence, the
accused would speak out even to his own undoing.
Capital punishment was legal in Bavaria and was inflicted by
decapitation with a sword, or breaking on the wheel from the feet
upwards. But where conviction rested on circumstantial evidence only,
or assumed guilt was not borne out by actual confession, imprisonment
for life in chains was substituted, and it was a terrible penalty. The
sentence annihilated civil existence; it was moral if not physical
death. The culprit lost all rights as a husband, father or citizen; he
was deprived of property, freedom and honour; nothing remained but
bare life passed in slavery and chains. There was no recovery even
if error were proved. He did not get back what he had lost, and if
his wife married again he could not recover his property. It was not
capital punishment, but it was death in life.
In the progressive national development of Prussia, as wars were waged
and fresh territory acquired, prison reform obtained attention. In
Hesse-Cassel, prisons were in a very backward state and many were
condemned as unfit for habitation. In Hanover alone conditions were
more satisfactory. The journalist Hans Leuss served a term of three
years’ imprisonment in 1894 in one of the chief prisons, that of
Celle-on-the-Aller, which he graphically describes in his autobiography.
Public-domain text, read in full here on John Shaqi.
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