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It is Deterrent, Reformatory, and Economical The contents of the following pages are respectfully and earnestly commended to the careful consideration of the mem- bers of County Councils, and of all who are interested in the adoption of the best means for the diminution of pauperism, vice and crime in the community. (SX^i^XS "Prison reform is not sentimentalism, . . . It believes in the proper punishment of criminals as necessary to the security of society . . and as best, everyway, for criminals themselves.— BrinkeHioff. ^ fi- /t^k K With the Compliments of the Prisoners^ Aid Association. The Proposed Changes in Toronto Jail. Tlie year of grace l^'97, will be a red letter year throughout the whole of the British Kinpire. Every Country, every City and Hamlet under the sway of our good and Gracious Queen, from India in the East, to British Columbia in the West, will unite in commemorating the Diamond Jubilee. Canada, ever distinguished for her loyalty, wilL no doubt celebrate the event in a manner worthy of the occasion, and at the same time acceptable to Her Majesty. And what more worthy, what more acceptable method could be found than for the Federal Government and the Provincial Governments to unite in inaugurating this year an era of Prison Reform, which would be felt from the Atlan- tic to the Pacific. In this fair City of Toronto, the Queen City of the Dominion, many suggestions have been made as to the best mode of celebrating the Jubilee. Whatever else may be done there is one thing in connection with Prison Reform in our own ('ity which should not be left undone, viz : The reform to which our Association has repeat- edly called the attention of the authorities, but so far in vain. The special reform on behalf of which we now appeal, hoping that in the present state of public feeling an appeal may not be in vain, is that the City Council should make more suitable and humane provision for two classes of prisoners now confined in our City Jail, viz ; (1) The desti- tute poor, whose only crime is poverty and (2) First offenders, many of whom are innocent, and who certainly should be kept separate from prisoners undergoing sentence. To dhut up our destitute poor in Prison with criminals is surely a cruel and inhumane practice. They should unquestionably be sent to a proper Poor House or Farm Colony as is done in England and elsewhere. Again as regards first offenders, they certainly should not be compelled to associate with Prisoners undergoing sentence, often hardened and incoirigible offenders, whose society is pollution. Some effort should be made to provide at least some efficient classification for this class if we cannot secure for them absolute separation in a distinct building. Such a means of classification could, we have reason to believe, be secured in our City Jail by altering the cells in one of the flats of the Jail after the mode of the English Prisons for Cellular imprisonment. This change could be effected at an expenditure of $4,500. This is not a large amount for such a purpose and it would, we are satisfied, be repaid within a few years through the great reduction in the number of imprisonments and the shortening of the sentences. With a view of putting the matter in shape so that our City Au- thorities and others may know definitely what is required, we print herewith a copy of the specification of the architect as well as reduced plans of his drawings ; and with a view of contrasting our present faulty system with the model jail system, we have added copioua extracts regarding the separate system as carried out in Great Britian and on the continent, and we have quoted expert opinions from well- known penologists with regard to the general question of jail imprison- ment. 3 . > 9. •A ■/) >< X 'A H ■< O A A >[. U A < H z CO u a; a. 00 o O 4) -•J ce u o o u 5 The first drawing ia a plan of the cells as now arranged. The ceils are back to back, and the cell-block occupies the centr* of the fla'. On account of the distance from the windows, the cells are too dark for use for separate confinement. Moreover, the grated doors render conversation comparatively easy. These cells are used only at night. At other times the prisoners are allowed to congregate in the open corridors. The second drawing is a plan of the cell arrangement as pioposed by the Prisoners Aid Association. The cells are arranf^ed like the rooms iu the wing of an hotel, namely, in two tiers, with a hall or corridor between the tiers. The cells, 18 in number, will be of unusually large size viz. 13^ x 7^. The door will be solid so that piisoi:ers can not look out into the corridor. The light will be from the window, the lower part of which should be closed up for security. A sight hole in the door with an outbide slide enables the jailor or turnkey to in- spect the cell without opening the door. An electric bell enables the prisoner to signal when necessary. The third drawing is a plan of a vertical section of the east wing of the Toronto Jail, showing where the changes are proposed to be made, viz., on the second flat. As theie is no middle wall in the attic to be supported, it will be seen that the middle wall of the second floor may be removed with impunity. This will be necessary in order to provide for the central corridor. Architect's Estimate of Expense. Dr. Rosebrugh, Secretary Prisoners' Aid Association, Toronto. Dear Sir, — I beg to submit to you herewith sketches of the sug- gested alterations on the second floor of the east wing of the Toronto Gaol. The following is as close an approximate estimate of the cost as it is possible to make at present : — Stone, Brick, and Iron and Carpenter work $ 2,270 00 Altering Plumbing 50 00 Ventilation by a Fan witli Electric Motor 776 00 Altering Steam Heating Apparatus 672 00 8 .3,76 8 00 This does not provide for any additional protection to the windows* for which I think an additional sum of from $300 to |400 might be allowed. Yours faithfully, D. B. Dick. - February 1st, 1893. u H tn >< cc < 1-3 I-) Id Ph Q U CO O O o .a CD O d V O 00 o o 13 O 09 I : it 'i Pkoposed Change on Second Flat. Cells removed to outer wall. Middle wall removed to form inside corridor (C, C, cell windows in outer walls.) Dr. Rcsebrugh, 62 Queen St. East, Toronto. Dear Sir, — I return herewith the plans of east wing of gaol. You will observe that there are two cells on the north side which would be dark unless the upper story of the little wing to the north, which was formerly used for lavatories, could be taken down and a roof put on be- low the level of second floor windows. On reconsidering some matters I think it would be well to estimate the total coat at $4,500, the items for heating and ventilating remain- ing as before, the increase being on the general work and plumbing. In order that you may more easily e.xplain the difference between the present arrangement and the proposed new one, I enclose with the plan a tracing showing the second floor plan as it is at present. \ours faithfully, D. B. Dick. February 12th, 1896. II n It might be mentioned that there is in some of the jaila in the United States aa an additional precaution against escapes, a narrow hall between the outer oell wall and the outaide wall of the jail, and an open window in which there ia an iron grating between the cell and thia narrow hall. Thia construction of the jails is very objectionable as the prisoners are able with little difficulty to converae from cell to cell. Thia was demonstrated by the Ontario Prison Reform Commission in 1890, while visiting the County jails of the State of Ohio. (See Re- port of Commission, Appendix C, page 2.31.) No escapes are made from the cell wiudows of English jails, though the windows are in the outside walls and there should be no difficulty in making the windows of Canadian jails equally secure.* The propoaed chani^es in the Torcnto Jail are not advocated on eentiTiental grounds. We have no desire that our Jails should be made comfortable for prisoners Perhaps indeed we have already gone too far in that direction. The way of transgressors should be hard, and it certainly is not the business of our Jaila to make it otherwise. Were it so they would cease to be what they ought to be -deterrent. But while our jaila should unquestionably be deterrent they should also be reformatory, and if wo cannot make them as reformatory as they should be, it is at least our bounden duty to see to it that they are so con- structed and so managed that the prisoners which we thrust into them shall not leave them worse than when they entered them. The " National Conference of Charities and Correction " the largest and most important philanthropic Association in the United States, and possibly in the world, will hold ita next annual meeting in this City in July. It will be the first time this Association has ever met in Canada. Such a gathering can not fail to give an impetus and direction to our philanthropic and charitable organizations and to help forward the cause of Prison Reform in every way in Ontario ; and it would be indeed a happy augury of the success of the meeting if the Mayor in his address of welcome to the Association was able to inform our viaitora that the citizens of Toronto were themaelves doing something in the great cause in which the Association is interested and that they had taken an important step towards the establishment of the " Separ- ate System " in our City Jail, by making an appropriation for the introduction of that aystem, so far at least as regards first offenders and prisoners awaiting trial. Testimony ok Hon. S H. Bi.akk, Q. C. The Hon. 8. H. Ulake, in hia address on "Our Faulty Uaol System," says : — It is most desirable that at the Toronto gaol this work of separa- tion should be begun. In the metropolis of the first province of the Dominion there should be nothing lucking in this respect. All our public offices should be models for the rest of the land to learn from. A sum of $3,500 would answer for this fest. The cost of many a prisoner from his twentieth to hip fiftieth yeu ^h e.ceeded this sum. I feel but little doubt that, in thus diminishing i : e number of prisoners to be arrested, tried, and kept in the gaol, in five years the wjiole of the extra cost would be saved. At the Annual Meeting of the i'risoners' " d Association, held .\].irch 5th, this question w vs dealt with as foliow.s : — Moved by E. A. Meredith, LL. D., seconded by Tlaw. F. B. Hodgins, 3. Whereas, It le desirable when first oftendt rs and personH awaitinff trial are confined in common jails, that they should he provided with sopaiato cells alto- gether apart from other prisoners. And whereas, a competent architect has mnde an estimate that on one of the flate in the Torouco Juil, 18 or 20 well-liKhted and wcll- ver.^ilated roomy colls could be provided for this class, for a mm not exceeding $3,60(>, therefore. Resolved, That in virw of the groat improvement in the classification of prisoners that would result from tht« changu referred to, it is the opinion of this meeting that the expense incurred would be more than justified by the beneficial results which may be expected therefrom, inaMnuch as said change would prevent the spread of vice and crime incident to open corridor association of jail prisoners, t *It is of cour.se to be understood that the prisoners will be talien to the jail-yard once a day for fresh air and exercise. tThis resolution was copied from the Annual Report of 1895. tects' .second letter was overloolted. The archi- 10 : Working in Cell— Smoemaking. Evidence of Ex-Warden Massie before Prison Commission. Question — You are in favor of the Cellular System ? Answer — ^ am decidedly in favor of it; judging from what I saw in England, I am strongly impressed in its favor. (See also Report of Prison Commission, page 769. ) Evidence of E. A. Meredith, LL.D., Late Chairman of Board of Prison Inspectors. I have long maintained and am still of opinion, that all classi- fication of prisoners in county gaols is illusory, and that we must make our choice between absolute separation and contamination. Upon this point there is, I think, an absolute concensus of opinion among all persons who have studied the question of gaol reform, both in America and in Europe. 11 The association of prisoners vvhicli now goes on in our jails is : (1) An indulgence and attraction to the degraded and hardened prisoner. (2) A frightful cruelty and injustice to the innocent prisoner or the novice in crime. (3) A corrupting influence of the worst kind to all. The separation which I contend for is the separation as now en- forced in England, which is very different from " solitary oontinoment,'' as generally understood. The prisoner in separate confinement is kept absolutely apart from the other prisoners, but he is visited frotjuentiy during the day by the prison officials, and is furnished with some kind of occupation (if possible) and also with hooks. Where Mae separate system is enforced the sentence may be greatly ■shortened, and in consequence, the cost of the jail greatly reduced. Another benefit is, the mode of punishment is very distasteful to the criminal class, and will therefore piove deterrent to them, whi(!h imprisonment in gaol at present is not ; and lastly, the great advantage to the country is that the manufactuie of criminals now going on regu- larly and cf)ntinuously in all our jails under the associated system, would be effectually stopped. The large number of prisoners in many of our county jails, as com- pared with the gaol aacommodation, is, I am aware, a great pracitical difficulty in the way of adopting the separate system. ]>ut the number of prisoners in the jaila might be largely reduced if, (1) Young children under fourteen years of age are not in any case sent to the county jails, and (2) If habitual or incorrigible offenders are not sent to the county jails but to the " Central Prison." Upon the necessity for the adoption of the former rule I have already insisted in my answer to (luestion 3. Upon the importance of the latter I shall say a few words in reply- ing to question 0. [Report of Prison Reform ConimUsion], What Govehnor Grekn Sav.s. Evidence of John (Jreen Escj., (Governor of Toronto Jail, before the Ontario Prison Reform Commission. Question — When were you appointed (Governor of the Toronto Gaol. Answer— In 187- ; |»rior to tiiat time I had charge of the county of Kent Gaol for upwards of five years. Question — If you had a se])arate cell of the right si/e for every prisoner received into your gaol whether remanded, waiting trial, or uiuler sentence, do you think that that would accomplish a great deal in the reformation of prisoners ? Answer — I certanily do. In the first place when the prisoner under the cellular system is brought into gaol, no matter what the charge may be he would be put in a cell by himself, and while there he would be beyond the influence of other prisoners. Only the officials and the chaplain might go there and talk with him and advise him, and show him the mistake he has made, and at the end of his sentence he is, at any rate, made no worse than he was when he came in. But take the present system, a boy gets into trouble with four or five others, I might think these are all boys of suitable characters to go together, and yet there is no telling what mischievous influence they might exercise over each other. A boy came in yesterday ; he was brought in in the afternoon by a county constable, apparently weU provided and well cared for. He was under seventeen years of age. " Well, my boy," I said, what is your trouble?'' with tears in his eyes he replied, "I have been stealing, " "What have have you been stealing?" "$12." There were some prisoners there and I put them back, then I went to the boy, " Whom did you steal the money from ' I asked, " From my master my employ- er " he said, " Where was he at that time ?" "He had gone to church." " Where do you come from?' " T came from England." " What is your name?" " Patrick Kelly " " You had Irish parents? " "Yes but my mother and father are both deadj and I have no friends in this country." " How long have you been here," "Six months." "What have you been doing ?" Working on the farm." " What did you take the money for? " I wanted to go home to the Old Country to my friends." He said they worked him hard on this farm, and he wanted to get away. I told him that $12 would not take him to the Old Country, but he was apparently under the impression that it would have been sufficient. When that boy was brought in I put him with two others who had never been there before, to-day he goes down to the court, is tried, pleads guilty and gets two months, but he is ruined by the contamination, there is no hope for him in my opinion. If he had been kept by himself in a separate cell so that he would have no communication with his fellow prisoners he might have been saved. Question — You don't say from actual experience that all these boys are ruined — that is your surmise? Answer — Yes, but I have good reason for thinking it, in fact, 1 may say it is more than a sur- mise, it is the truth. A boy comes to me apparently heart-broken, but he will soon commence a conversation with the others, and in two or three hours begin to look quite bright, the next day he is up to all the mischief you could imagine, just the same as all the others. Question — Rut say that the boy has no inclination to become a thief, and is no thief, and not a bad boy at all, but has been led into crime by some accidental circumstances ? Answer — But the chances are against him once he goes to gaol, I think he will learn so much in the gaol through the association with other prisoners that his exper- ience will have an abiding effect upon him. ( 13 Copy of Memorial to City Council Fkom the Jail Sunday School. R. J. Fleming, Esq , Mayor of Toronto. Dear Mr, Mayor : — We the undersigned officers and teachers of the Toronto Jail Sunday School, beg leave to call your attention and the attention of the members of the City Council, to the need of more efficient classification of prisoners in the jail. We are especially desirous that provisions shall be made so that first offenders and persons await- ing trial shall rnn Lorisk of being contaminated during their imprison- ment. While we are opposed, on the one hand, to the vicious free and easy open corridor system, we are equally opposed to what is known as the *• Solitary System." We would endorse the recommendation of the Prisoners' Aid Association that 18 or 20 well lighted and roomy cells be provided on one of the flats of the jail where persons convicted of trivial offences and persons awaiting trial — not known to belong to the criminal class — may be confined on the English Separate System. Believing that the introduction of the English System even on a limited scale, would do much to prevent the propagation of vice and crime, we trust the necessary steps will be taken without delay with a view to its introduction in the Toronto Jail. We would also respectfully call your attention to the necessity of making suitable provision, other than in the jail, for the destitute poor of Toronto as also for that class known as vagrants. Wc agree with the Inspector of Prisons that sending old and destitute persons, accused of no crime, to end their days in association with prisoners is neither humane nor Christian. Very respectfully, Robert Hall, Sujyerintendent, John Woods, Asaisfant, Annie Cull, SiqH. Women's DejU., M. Ward, 1 M. Kelly, / Teachern. ExcERPT.s From Official Report on British and Continental Prisons. by general r, brink erhofk, President of American Delegation at International Prison Congress, Paris, 1895. The results of the British system upon the whole have been more satisfactory than that of any other country, if we are to judge by its efficiency in reducing crime. Judging by the criminal statistics for the twenty years during which the system has been in operation, the reduction is from a daily 14 average of 20,361 in local prisons in 1876 to 13,383 in 1893. This, however, is more apparent than real, and can be largely accounted for in various ways ; but still the most conservative authorities seem to agree that there has been a reduction in crime of about 25 per cent. , without counting the increase of population, and this is very satisfac- tory, and especially in view of the fact that in all other countries there has been a steady increase of crime and no reduction. Compared with the English system, our greatest deficiency is in our county jails, and no efficiency in administration can remedy it to any large extent so long as we keep our prisoners awaiting trial in association in a common hall, with all the corrupting influences that such association permits. Our county jails, with old and young, innocent and guilty, old offenders with new beginners, forced into association for days antl weeks and often months, are compulsory schools of crime, and so long as they remain, there can be no large reduction in the rising tide of crime. Our jail system, it is true, came from England, but it is the system of a hundred years ago, which John Howard revolutionized. In England every prisoner, from the time he enters the prison van at the police station until his conviction and transfer to a convict prison, is entirely separated from every other prisoner, and sees no one but the prison officials and his legal adviser. Our first and paramount duty is to revolutionize our county jails. We might as well attempt to drain a pestilential pool with an inlet larger than the outlet as to expect a reduction of crime under existing conditions. On The Continent. :l !' fi ! The Royal Prussian prison has about 500 prisoners. They work in their cells under the separate system. The industries are numerous, among which are : Shoeniaking, tailoring, weaving, making brushes, corsets, paper sacks, and machine knitting. At Dusseldorf the separate system prevails and prisoners work in their cells. In Holland, all prisons are cellular. Belgium is the only country in the world in which the system of absolute separation of prisoners of all grades and terms of sentence is in operation. In all prisons except Ghent the prisoner never leaves his cell save for chapel or exercise ; at the former he is in a separate box or compartment, the latter he takes alone in a narrow yard. His life, however, is not one of absolute solitude. He is visited frequently by his warders and schoolmasters and trade instructors ; the chaplain, the governor, and the doctor also break the monotony of his life. Ac- cording to the Belgian view of the case, he lives in association with the prison staff', not with his fellow-criminals. 16 gi. JgetX'tL't°idT4; 'etc STJ? 'r?\- """ >»-"■■ should be the rule for nVUrmZ '=°"°.®'^« that absolute separation term prisone'rs'lnde'r^deStT ^ntere^Vhe 1?"^ ''''^'' '^^ ^'^«^*- entirety are tiie best ad.niniatered in th. 3 i?^^'?" P"f "' '" **>«'•• tion in many directions. ^ ^"'^'^' ^°'^ ^"'"^^'y ^^ i^ita- Advantaoes of tiir SeparaTk System. In a pamphlet issued by the Howard Association of Great Britain on he Separate or Cellular System of hnprisonment-publish r ^ 18.2 an.l reissued in 1888-the advantages of the separate systen> over the ccni'isf>ners (from each other only) and for duly limited periods, is a Hrst essential of good discipline, and an indispens- able condition of success in penal treatment, whether intended as deterrent or reformatory. It is also the best, if not the only efficient basis for classification. It is the safest and ultimately, though not immediately, the cheapest arrangement for adoption in criminal insti- tutions." " One of the principal advantages of the cellular plan is its very great ultimate economy to the State. The immediate and first expense of the system, in the cell construction, is more costly than that of associated prisons. But the ultimate expense is very much less." " To the above remarks it may be added, that the associated inter- course of prisoners is a concentrated form of evil. Even in the worst conditions of free society, there is some considerable admixture of per- sons who are more or less respectable and virtuous ; but the jail popu- lation is exclusively composed of offenders." " It has been proved again and again that no system of supervision, however careful, can obviate the corrupting tendencies of the associa- tion of criminals." " Every association of convicts that can be formed, will in a greater or less degree, corrupt, but will never reform those of which it is com- posed, and we are brought to the irresistible conclusion that classi- fication once admitted to be useful, it is so in an inverse proportion to the numbers of which each class is composed ; and it is not perfect until we 19 come to the point at which it loses its name and nature in the complete separation ot individuals. VVe oome then, to the conclusion that each convict is to be separated from his fellows." '^No das.Hification whatever except ahxolute neparaf ion from other criminah, can obviate the intrinsic evil of ansocialion. That high auth- ority on the question, the Rev. John Clay, observes ' 1 Believe it to be beyond human power safely to classif}' prisoners. I dare not trust even six or eight prisoners in any class or association which leaves conver- sation free.' " In 1872, sliortly before his decease, Suringar, the John Howard of Holland, recorded as the result of half a century of special oi)])ortunities of observati >n at home and abroad : " I have become tirmly convinced tliat wliatever experiment may be made in the classification of prison- ers, or in the use of all other means, the separate system of our country, though decidedly not perfect, is the be-sl as compared with other sys- tems ; and that it must be ado])ted." Rev. John Clay for many years chaplain of Preston Jail, says '• Without separation and non-intercourse, a cliaplain's efforts would be comparatively fruitless. But on the other hand, separation and silence, unrelieved by the benign influence of religion, are worse than fruitless — positively injurious." The Howard Association in 1886, places itself on record as follows : " The Coinmittee remain unshaken in their conviction that the funda- mental principle of all prison efficiency consists in the utmost practic- able amount of separation from evil companionship, with the provision of as many good influences, both by official and non-official visitation as possil)le." In 1886, the chief administrator of Engliyh Prisons, Sir E. F. Du Cane, in a letter to the Secretary of the Howard Association, respecting the Local Jails, wrote as follows : — " The Separate System never was more uniformly and universally carried out tlian now, and never stood in higher repute. All our (Local) prisons are on the Separate System ; and if any are torn down, a fate to which lietween fifty and sixty have been consigned during the last eight years, it is, so far as j)rison systems and management affect the matter at all, a sign of the efficiency of the Separate System." Tf.stimony of Dr. M. Lavell, Late Warden Kingston Penitentiary. The recommendations suggested regarding the isolation of prisoners in gaols and prisons, and classification of first offenders, are worthy of most careful consideration. Carrying out these recommendations will go a long way in helping to solve problems, now so perplexing to peno- logists of the humane type. I have long been of the opinion, that if reformation of the prisoner is to be kept in view, it must be along the lines of the proposed changes. These proposed changes in Toronto gaol would involve expenditure somewhat in advance of present methods, but it is worth testing, particularly where it is proposed to begin, as :(<<' I I \ 20 the system could be placed under the supervision of men who have given the matter most intelligent coDdideration. To be at all satisfactory, isolation must be complete, associated with industry of a kind that will be useful when prisoners are released. I think there can be no doubt that the ultimate results will prove, even in a financial sense, that it will pay. Criminals will be lessened and repeaters fewer, thereby diminish- ing the expense of administration of justice. The still higher ground of saving men and making them good citizens, should not he lost sight of in a country like ours. By all means let the experiment be tried as suggested ; advances must be made, and the practical test is really the only one to shov its advantages. Testimony of Dr. J. T. Gilmour, Warden, Central Prison. In a symposium on Prison Reform, in the Evarifielical Churchman, for February 21st, Warden Gilmour, on the question of Penal Sentences writes as follows : — For the purpose of this brief article, we will divide criminals into two classes, accidental and habitual. In the accidental class we place those who, up to the time of their committal, have led honest lives, and after a time of imprisonment again lead honest lives. The habitual criminal refuses to pursue honest Inbor, and follows crime during the intervals between his prison terms. It is apparent that the manner of dealing with these two should be vastly difterent. Is it ? We fear not. The greatest concern, both for the benefit of the prisoner and the State, should be how to restore the criminal as an honest and useful member of society. A sentence having only punish- ment in view is most demoralizing. Reformation must be the great aim. That prison life demoralizes and degrades, none will deny. With the accidental criminal, the first offender, unless the crime is exceed- ingly grave, the highest aim of every tribunal should be to induce the man to lead an honest life without the prison contamination and the indelible brand on him and his family, of a prison record. The Loid Chief Justice of England (Lord Coleridge), said : "There were few things more frequently borne in upon a judge's mind than the little good he could do a criminal by the sentence he imposed. These sentences often did nothing but unmixed harm," etc. M. Laloue, Inspector-General of Prisons in France, stated before a commission, That with our existing system, twenty-four hours' im- prisonment suffices under certain circumstances to ruin a man." The following conversation ensued: M. Talihand : "There is, perhaps, '"fiome exaggeration in the statement that twenty -four hours' imprison- ment can ruin a man." M. Laloue: " I do not exaggerate. I say what I have seen. The prisoner meets a corrupt recidivist ; they ap- point a rendezvous outside, and that man is lost " The danger signal so definitely displayed by such eminent authorities should serve as a warning to every judge and magistrate, and induce them to hasten slowly before launching a human being on such a perilous sea. > *