It is a great blessing to the convict that he can have the privilege of working. When prisons were first started in this country it was thought best to keep the prisoner in solitary confinement; have him visited daily by a spiritual teacher, place the Bible and other good books in his hands, and in this manner reform him, and send him out into the world a better man than he was on entering the prison. The great penal institution of Auburn, New York, was for a time conducted in this manner. The plan, at first thought to be a good one, had to be abandoned. The criminal could not endure solitary confinement. HE MUST HAVE WORK. Many of them became insane, while still others died for want of the open air, out-door exercise, and some diversion for the mind.
In all the penitentiaries of the country, at the present time, convicts are required to perform some kind of useful labor. That is one point of the prison question that is, doubtless, forever settled. All prison men agree that the convict must perform some kind of work. Labor to the prisoners means health of body and mind. Solitary confinement means the reverse. But what kind of labor the prisoner should perform, and what should be done with the results of his labor, is one of the most difficult questions to decide.
All the prisoners of the Missouri penitentiary are let out to contractors, with the exception of those needed to do the work about the prison. The work consists chiefly of making saddle-trees and shoes. Several large three-story buildings are used in furnishing room for the convicts while at labor. Those contractors who have been at the prison for some time have grown rich. They get their men for forty-five cents a day, on an average. They have their choice of prisoners as they come in. Those convicts designated scrubs, do the work for the State. The contractors are charged with controlling the prison. If one of the officials, in the discharge of his duty, happens to do anything displeasing to the contractors, they combine against him and have him removed. They are charged with using their combined political influence, and even money, to carry their points. We have been told by some of the leading men of the State that it was a notorious fact that the penitentiary was controlled by a political ring, a set of jobbers, and this ring was largely influenced by the contractors. The contract system is wrong, and should not have a place in any of the penal institutions of the country.
The contractor assigns the task. The prisoner must perform that task or be punished. If an avaricious contractor, in his desire to make money, places too great a task upon the prisoner, who is there to take the prisoner's part and shield him from abuse? Fully nine-tenths of the punishments inflicted is the result of the reports and complaints of the contractors. See how unjust and how hard this contract system is upon many of the prisoners! Two convicts enter the same day. In outward appearance they are strong, healthy men. The same task is assigned them. One of them being adapted to that line of work, and skilled, performs his task with ease; while the other, equally industrious, cannot get through with his. He is reported for shirking. He states his inability to do the amount of work assigned him. The contractor or his foreman makes a different report. The assertions of the convict amount to but little, as against the statements of the rich and influential contractor. He is punished and returned to his work. A second time he tries, again fails, and is reported as before. This being the second offense the prisoner is subjected to a more severe punishment. This brutal treatment is continued until the officer, growing weary with inflicting punishment upon the poor wretch, concludes he is unable to perform the task assigned him. If this contract system is to continue in Missouri, there should be some one whose duty it is to see that the prisoner is humanely treated, and not let a brutal officer decide, who is in league with the contractors. I have it from the lips of a prison official who has been connected with the prison for thirty-six years, that the treatment some of the prisoners receive because of the avariciousness of the contractors, is simply heartrending.
After all, is not this contract system a regular jobbing business? If these men can employ the prisoners and pay forty-five cents a day for them, and make money and grow rich, why cannot the State work the convicts and save all these profits? Competent men can be secured as superintendents to carry on this work. Some will say, that it will open up too many avenues to jobbery; that the superintendents will get to stealing from the State, and in the end the State will not get as much benefit as under the present system. This seems like begging the question. If these superintendents, after a time, become thieves, treat them as thieves, and give them a term in the penitentiary. This kind of medicine will soon cure all cases of jobbery. Again, prisoners should be assigned tasks according to their ability. All men are not alike equally skilled in the same kind of labor. All these things should be taken into account. No prisoner should be forced to carry a burden that is oppressive, in order to fill the coffers of avaricious contractors. Again, I ask that there be some humane person, whose duty it is to see that these helpless men, whose lips are sealed, are not oppressed by this damnable contract system. Let us treat these unfortunate men humanely, and never forget that, if stern justice was meted out to those who had the control of convicts, as officers, guards, or contractors, many of them would be doing service for the State, clad in a suit of stripes. The penitentiary of Missouri is self-supporting, with the exception of the officer's pay-roll. At each session of the Legislature, an appropriation of $140,000 is made for this purpose. There are over one hundred officers on the pay-roll. The records show that it requires nearly a quarter of a million dollars annually to pay the expenses of this institution.
Crime is an expensive luxury!
During the past two years $347,000 have been paid into the treasury as the earnings of the prison. The goods manufactured are sold chiefly in the State of Missouri. This brings convict labor, which is very cheap, into competition with the labor of the poor, but honest man on the outside. The average labor value of the convict is forty-five cents a day. How is it possible for laboring men on the outside, who have families depending upon them, to support themselves and families on an amount, that will enable business men, for whom they work, to engage in business and compete with this cheap convict labor? This is the great argument against convict labor. The convict must be given work or he will become insane. To bring this cheap labor into conflict with the toil of honest but poor men on the outside, is unjust and cruel. What to do with convict labor is one of the unsolved problems. It is a subject that will furnish ample scope for the thinking mind.
The prisoner is worked on an average of nine hours each day. He goes about his labor in silence. It is against the regulations for him to exchange a word or a knowing glance with a fellow-workman. When visitors pass through the workshops he is not permitted to lift his eyes from his work to look at them. An officer, perched upon a raised seat, who commands a view of the entire work-room, is constantly on the watch to see that no rule or regulation is violated. The convict cannot take a drink of water, or go from one part of the room to another in the discharge of his duties without permission from the officer. The prisoner is always conscious of being watched. This feeling is no small factor in making the life of a prisoner almost unbearable. Nearly all of the inmates work in shops, and all the exercise they receive in the open air is what they get in going to and from their meals and cells. It is this sameness of work, this daily and hourly going over the same routine, this monotonous labor, this being surrounded by hundreds of busy fellow-workmen, and not permitted to exchange a word with any of them, that makes the life of a prisoner to be so much dreaded. Young man, as you read these lines, it is impossible for you to conceive the misery that accompanies this kind of a monotonous life.
In order to know all that it means, you must pass through it, as I have done. Things are entirely different with you. While you are at work on the outside of prisons, you can carry on conversation with those about you and thus pass the time in a pleasant manner. After the day's work is over, if you so desire, you can spend an hour or so with friends. Not so with the criminal. After his day's work, done in silence, is past, he is locked up in his solitary cell to spend the evening as best he can.
There is no one to watch you constantly while at your daily toil, to see that you do not violate some insignificant rule or regulation. When you desire a holiday, and wish to take a stroll out into the woods, to look upon the beautiful flowers or admire nature in all her loveliness, to inhale the pure, fresh air—which is a stranger to packed workshops—to revel in the genial sunlight, there is no one to forbid you. You are a free man.
Oh, what a wonderful difference between the laboring man who is free, and him who is forced to work, clad in the habiliments of disgrace! He who penned these lines has had to toil as a convict in the coal mines of the Kansas penitentiary, eight hundred feet below the surface, lying stretched out on his side, and he knows what he is talking about when he says, he would rather die and be laid away in his grave than to spend five years as a convict.
Young man, think of these things when you are tempted to do those things that will send you to a felon's cell. Of course, it is no intention of yours ever to become an inmate of a prison. Permit one who has had experience, to tell you that it is one of the easiest things in the world to get into a prison, and that when once in, it is difficult to secure your liberty, until Time turns the bolt and lets you out, or in other words, until you serve out your term. May you never yield to a temptation that will make you a prisoner.
The Missouri penitentiary contains 1,894 convicts. This is the most populous penal institution in the United States. Crime is on the increase. The number of prisoners is gradually becoming larger. Reformation is not the success that it should be. A great many of the prisoners return a second, third and many the fourth time. There is one old convict now an inmate who has served nine different terms in this prison. The highest number that was ever at any prior time in this penitentiary, was reached on Thanksgiving Day of 1889. In 1836, fifty-four years ago, when this prison was founded, there were eighteen prisoners received the first day. During the year one received a pardon, leaving at the close seventeen prisoners. At the close of 1889 there were nineteen hundred inmates. As the population of Missouri increases, she is generous enough to contribute her quota to the felon cells within her borders. The increase of from seventeen at the close of the first year to that of nineteen hundred at the close of the last year, speaks volumes. What can be done to lessen this fearful increase of crime? It is true that the population of the State has increased amazingly since 1836, but crime has increased too rapidly in proportion to the increase of population.
When a man, accused of crime, is convicted and sentenced in any of the courts of the State, a commitment is furnished the sheriff, by the clerk of the court. This document is a writing, giving the name of the prisoner, the crime of which he stands committed, and the term for which he is sentenced. It is the authority given the sheriff to convey to the penitentiary the person named therein, and to deliver him to the warden. As soon as the warden receives the commitment he assumes control of the prisoner, and retains it until his term of service expires, or is liberated by pardon or some court decree. It is curious to note how differently prisoners act on coming to the penitentiary. Some of them quake with fear and tremble as the aspen leaf. Others weep like whipped children. While others do not seem to mind it much. This latter class is chiefly made up of those who have served terms before, and have had experience. The officers try to crush the spirit of the criminal the first day he enters. The poor culprit, already quaking with fear, is spoken to in a cross and harsh manner, as if he was going to be struck over the head with a club the next moment. He is locked up in the reception cell, a low, dark dungeon. To use the expressive language of the prison, he is left in this dungeon to "soak" for an indefinite time, often for a day and a night. In this dreaded spot, in his loneliness and shame he has an opportunity for meditation. I don't suppose there ever was a person who, in this reception cell for the first time, did not heartily regret the commission of his crime. Here he thinks of his past life. The days of his innocent childhood come flitting before him. The faces of loved ones, many of whom now dead, pass in review. It is here he thinks of his loving mother, of his kind old father, of his weeping sisters and sympathizing brothers.
He travels, time and again, the road of his past life. In his reveries of solitude he sits once more in the old school-house of his boyhood days. It comes to him, now with greater force than ever before, what he might have been, had he taken a different course, Alas! it is too late. He is forever disgraced. There is but little hope for him now in the future. Reader, behold this unfortunate youth as he sits in his lonely dungeon, his first day in the penitentiary. On a low chair, his elbows resting on his knees, his face buried in his hands, he sits and tries to imagine what is in store for him. He endeavors to peer into the future, and all is gloom. That sweet angel we call Hope, has spread her wings, taken her flight and left him comfortless. The cloud of despair, black as the Egyptian midnight, settles down upon him. He wishes that he was dead. I can never forget my first day in a felon's cell. Of all my eventful life, into which many dark days have crowded themselves, my first day in prison was the darkest. After the "soaking season" is over, an officer advances to the dungeon, throws back the bolts, pulls open the door, and, in a harsh manner, commands the broken-hearted culprit to follow. He is conducted to an apartment, takes a bath, and dons the suit of stripes. Ye angels! did you ever behold such a sight? Is it not a travesty on every thing that is good to dress a human being in such a suit of clothes. A striped coat, striped pataloons, striped shirt, striped cap, in fine everything he wears is striped. There is nothing in this world so humiliates a person as being compelled to wear these stripes. No language can describe the feelings of horror that took hold upon me the first time I saw myself arrayed in these emblems of disgrace. I passed through all the fiery ordeal of trial, sentence, reception cell, undaunted, but when I made my first toilet in the penitentiary, I must admit, I was "knocked out." Then I felt keenly the sting of disgrace. The prisoner is next introduced to a convict barber, who shaves him and "clips" his hair. By the time the barber gets through with his part of the programme, the prisoner has but little hair either on his face or head. The prison physician examines him and it is decided where he is to work. He is next shown the cell he is to occupy, and later on his place of work. Over his cell is placed his name and number. He now enters upon that indescribable, desolate, and dreary life of a convict.
THE TREATMENT OF THE PRISONERS
The inmates of the Missouri penitentiary are well clothed. In this respect, this prison has no rival. All the prisoners presented the appearance of being cleanly, so far as their clothing is concerned. All are dressed in stripes. None are exempt. Here are nearly two thousand men on an equality. None of them can look down upon others, and say, I am more nicely dressed than you. I never saw a convict dude in the entire lot. The prisoners are well fed. For breakfast, the bill of fare consists of bread, coffee, without milk or sugar, and hash. There is no change of this bill of fare. If the prisoner has been there for ten years, if not in the hospital, he has feasted upon hash every morning. Boiled meat, corn bread, potatoes and water make up the dinner, and for supper the convict has bread, molasses and coffee. The principal objection to this diet is its monotony. Whenever a change of diet becomes a strict necessity, the prisoner is permitted to take a few meals in the hospital dining-room. Here he receives a first-class meal. This is a capital idea. A great deal of sickness is prevented by thus permitting the convict to have an occasional change of diet. On holidays, such as Thanksgiving day, Christmas, etc., an extra dinner is given, which is keenly relished by all. I have before me a statement of the expenses for a Sunday breakfast and dinner. There are only two meals given on Sunday. The hash was made up of 612 pounds of beef, 90 pounds of bacon, and 30 bushels of potatoes. Fifty-one pounds of coffee were used, and four and a half barrels of flour. The entire meal cost $68.38.
For dinner, 1,585 pounds of beef, 30 bushels of potatoes, and 4 1/2 barrels of flour, were used. This meal cost $100.61. It costs about ten cents each a day to feed the prisoners. Some of the convicts, after they get their daily tasks performed, do overwork. The contractors pay them small sums for this extra labor. With this money the convict is permitted to purchase apples from the commissary department, which he can take to his cell and eat at his leisure. The commissary keeps these apples on hand at all times in packages, which he sells to the prisoners at twenty cents each. In prison, apples are the most healthful diet the inmate can have. Should friends on the outside desire to send delicacies to any of the prisoners, they are permitted to receive the same, and, taking them to their cells, eat at their leisure. These luxuries are highly appreciated by the men in stripes, whose daily food is largely made up of hash and corn bread. The female prisoners must subsist on the same kind of food as the males. In some penal institutions, Kansas for example, the women have better diet than is furnished the men. Not so in this penitentiary. All are treated alike, so far as food is concerned.
Three times each day the men march into the large dining-hall, which accommodates 1,500, and partake of their meals. The tableware is of tin and somewhat meager. The tables themselves present the appearance of the modern school-desk, being long enough that twenty men may be comfortably seated at each. No table-linen is used. When eating, the convict is not permitted to call for anything he may wish. When a dish is empty it is held aloft, and an officer or a convict waiter replenishes it. Ample time is given to eat. All have a sufficiency of food such as it is. Every thing is clean. After the meal is over, the prisoners, in ranks, return to their workshops, or to their cells in case it is the last meal of the day. It is a very interesting sight to witness 1,500 convicts eating at the same time.
The officials are to be commended for the following privileges they grant the prisoners: On all holidays, such as Fourth of July, Christmas, etc., they are let out of their cells into a large open square, inside the prison walls, and are allowed to converse with each other, and are given full liberty to do as they wish. These are days of freedom. Officers, of course, are among them to see that no fighting occurs, and also to prevent any from effecting their escape by scaling the walls. The prisoners do certainly enjoy these times. They shake hands with each other, run about, shout, leap for joy, and have more real happiness than a lot of school-boys who have been shut up in a room all day at their studies and are in the evening turned out for play. The men are very careful not to abuse this privilege which they prize very highly. There never have been any disturbances, nor fights, nor attempts at escape during these holidays. These privileges granted the prisoners demonstrate the humaneness of the prison officials.
The question often arises, why is it there are no more riots and insurrections in this prison. Here are nearly two thousand men huddled up together. They are prisoners, suffering the worst kind of bondage. Why is it they do not make a rush for liberty whenever an opportunity presents itself? Many of them are in for life, and may never again see beyond their prison walls. Why are they so docile? These questions can be easily answered. Many of the men are short-time prisoners, having from one to three years, and cannot afford to get into trouble, as their time is short. Added to this, if the prisoner behaves himself, and obtains a good prison record, he obtains a pardon and restoration to citizenship when three-fourths of his time has expired. If a man is sent for ten years, by good conduct he will be pardoned at the end of seven and a half years. This is a great inducement to good behavior. The reason the life-men cause but little, if any, disturbance in the prison is, that they all have a hope sometime or other of receiving a pardon, and they know very well that, if they do not have a good prison record, they can never obtain a pardon. A custom also prevails at the prison, that has much to do in causing the long-time men to behave themselves, and be obedient to the regulations of the institution. Every Fourth of July and Christmas the governor of the State grants pardons to two long-time men, so there are four chances annually for a man to obtain his freedom. Before the governor will pardon one of these men, he must be satisfied, among other things, that the convict has a good prison record.
Any one can readily see that this is a great inducement for the prisoner to behave himself. Missouri is the only State, so far as my knowledge extends, that has this custom. It should become, not only a custom, but a law, in every State. It is founded on good sense.
THE PRISONER'S SENTENCE
I believe in capital punishment. When a man falls so low as maliciously, willfully and premeditatedly, to take the life of a human being, he should be hung by the neck until he is dead. Before it is just to impose such a sentence as this upon a human being he should have a fair and impartial trial, which many persons charged with crime do not get. If poor and unable to employ the best legal talent, the court should see that it is furnished. Too often is it the case when a poor man, charged with crime, makes affidavit that he is unable to procure counsel, that some young and inexperienced attorney is selected, in order to give him a start in practice. The consequence of this inexperience is that the man charged with crime has to suffer for his lawyer's inability to secure for him his rights. After the jury has brought in a verdict of guilty he should have the privilege of taking his case to the Supreme Court, and have it reviewed by that tribunal at the expense of the State. No human being should be hung on circumstantial evidence, unsupported by positive testimony. If the judgment below is confirmed, then let the murderer be kept in close confinement in the penitentiary for one year, and, if during that time no new evidence or mitigating circumstances arise let him be hung by the neck until he is dead.
Let the execution take place in the prison, let it be private and witnessed by but few persons, designated by the executive of the State. It is better for the criminal to be hung than to be sent to the penitentiary for life. While serving out a lifetime sentence he suffers ten thousand deaths. Those States where the death penalty is inflicted have the least number of brutal murders, in proportion to their population. The dread of death is a better protection to society than a life of imprisonment. The fiend with murder in his heart thinks "while there is life, hope remains," and if he is sent to the penitentiary for life he may get a pardon after a time. But if he is aware of the fact that if he strikes the fatal blow he must atone for his crime on the gallows, he is more liable to think twice before striking his innocent victim once. There should be no such a thing as a life sentence. No criminal should be sent to the penitentiary for a term longer than fifteen years. The suffering he endures during this long sentence is enough to atone for any crime he may commit aside from a brutal murder, and for this he should be hung. Fifteen years of imprisonment is sufficient to break down almost any constitution. Having spent this length of time behind prison walls a man is a physical wreck, and, having atoned for his crime, let him have the last days of life in the world of freedom. The greatest desire of a life man in our penitentiaries is to die outside of prison walls. No criminal should be sent to the penitentiary for less than five years. After giving him one fourth off for good behavior, he has but little more than three years of actual service. This will give him plenty of time to learn a trade, so that when he goes out of prison he can make a living for himself and for those depending upon him. For crimes that require lighter sentences of imprisonment let jails or reformatories be brought into requisition. In the eyes of the world a jail sentence is not so disgraceful as one in the penitentiary.
The plumage of a jail-bird is not so black as that of a penitentiary bird. The disgrace of being sent to the penitentiary for one year is as great as being sent for five or ten years. Whether he goes for one or five years, for all the future he is set down as an ex-convict. People do not stop to inquire as to the length of his sentence. The main question is: Was he in the penitentiary? If so, he wears the mark of Cain—the stamp of disgrace. Not so, if he simply has been in jail. There are a great many young men, while surrounded by bad company, yield to temptation and commit crime. A dose of jail service will do them as much good as a year in the penitentiary. After they get out they do not feel the disgrace so keenly, and there is some hope for their reformation. Send them to the penitentiary and it will be a miracle if they ever amount to anything in the future. If a jail sentence of a year does not reform a young criminal, or a man of older years, who has committed his first offense, then give a term in the penitentiary for five years for the second offense. It is too true that a sentence to the penitentiary for a first term is the irretrievable ruin of the young offender. This becomes an obstacle which, during all the future, he cannot surmount. This plan being adopted let everything be done to reform the youthful offender while in jail. It is much easier to carry forward the work of reformation in a jail or reformatory than in a penitentiary.
During the years 1887 and 1888, 1,523 prisoners were received into the Missouri penitentiary. Of this number 1,082 were white males, 398 colored males, 17 white females, and 26 colored females. These figures show that the women of Missouri are a great deal better than the men, or they do not get their share of justice.
TABLE SHOWING THE AGES OF CONVICTSRECEIVED DURING THE YEARS 1887 AND 1888.From 16 to 20.................320" 20 to 25.................441" 25 to 30.................344" 30 to 35.................143" 35 to 40.................113" 40 to 45................. 70" 45 to 50................. 34" 50 to 55................. 31" 55 to 60................. 15" 60 to 65................. 5" 65 to 70................. 4" 70 and upward............ 5——Total .......... 1,523
There is nothing that should interest the good people of Missouri more than the foregoing table. These appalling figures I copied from the prison records. Of the 1,523 criminals received during the past two years, more than one-fifth of them were mere children. Would it not be better to give these boys a term in the county jails, or in some reformatory, instead of sending them to a penitentiary? Coming in contact with hardened and vicious criminals, what hope is there for getting these boys into the paths of honesty and uprightness? Then there follows the large number of 441, representing the youthful age from twenty to twenty-five years. These are the years most prolific of criminals. Who can say these boys are vicious and hardened criminals? Then follow the young men of from twenty-five to thirty. Three hundred and fourty-four of this age find a home in felon cells. Are these boys and young men not worth saving? What can be done to snatch them from a career of crime, and to save them from becoming miserable wrecks? Father, if one of these boys was a son of yours, you would think seriously over this important question.
Something should be done to save this large army of youth who are annually finding their way into felon cells.
Is the penitentiary the proper place to send those youthful offenders? If so, then they should not come in contact with the older and hardened criminals. One of the most essential things to be done in a prison is the classification of the inmates. This is not done in the Missouri penitentiary. Here the mere youth often cells with a hardened old criminal of the worst description. I would rather a child of mine would be boxed up with a rattlesnake. In this institution there are nearly 2,000 criminals huddled up together—an indiscriminate mass. The officials are not to blame for this. They realize the terrible condition of things at the prison. They have not sufficient room for the classification and proper arrangement of the inmates. They know, perhaps better than anyone else, that the prison is not what it should be. Warden Marmaduke says, in his last report to the prison directors, "This prison is now too much crowded and it becomes a serious question at once, as to what disposition will be made of them in the future. If this prison is to accommodate them, another cell building should be built at once. If another prison is to be the solution, it should be commenced. If a reconstruction of our criminal laws, looking to the reduction of crime, it should be done now. And in any event, and whatever may be done, certainly our management of prisons should be so modified or changed that the practical, not the sentimental system of reform, should be adopted. I believe that our present system is making criminals instead of reforming them, and I believe that it is practicable to so classify, treat, feed, work and uniform these people, as to make better men instead of worse men out of them. I have profound respect for the good purposes of the benevolently disposed men and women, and they are numerous, who are devoting themselves to the effort of reforming criminals. Yet their efforts must be supplemented by a practical building up and the development of the better instincts of the man, which cannot be done under our present system. The surroundings are against it. We are constantly developing and stimulating the very worst instincts. I believe it practicable to institute methods for this reform, at once creditable to the State." Who can doubt our statements on this subject when we quote such high authority as the above. The last warden of this great institution comes out and officially announces that awful fact that our present system of prison treatment is constantly developing and stimulating the very worst instincts. Constantly making men worse, and when a young man enters the prison he is morally tainted, when he goes out he is completely saturated, with moral pollution. After such statements from so high an authority will the great State of Missouri, so well-known the world over for her numerous acts of benevolence, continue to have an institution within her borders for the complete demoralization and ruin of multitudes of her young men. Should a youth of Missouri, surrounded by influences and temptations which he could not resist, once fall from a position of honor and integrity, although it is his first violation of the law, he will be taken into custody of the State, hurled into a pit, where for a time he will inhale the fetid breath of wickedness, then, later on, to be released and sent out into the free world a moral leper.
The State should not provide this machine for the moral destruction of her unfortunate youth. If this be the real and true condition of affairs, what can be done to change them? I would suggest the erection, at once, of a reformatory. Classify the prisoners. Let those who are in for the first offense be separated from those who are professional and debased criminals. Give these youthful offenders the benefit of schools, connected with the reformatory. Let them have moral instruction, and many of these young men will be reclaimed, However well a criminal is treated, when behind prison walls, however good the advantages granted him, all this will avail but little, if some provision is not made to aid him when he leaves the prison. Many prisoners, at the time of their discharge, may be, in heart, as pure as angels, and resolve to lead good lives, yet they are convicts, and carry out with them the shame and disgrace of such a life. They must live even if they are disgraced. They must have work. Who will employ a convict? Should a man, just from the prison, come to you and frankly inform you that he was recently discharged from a felon's cell, that he had been convicted of horse-stealing, for instance, and wanted employment with you on the farm, how many of you, my readers, would give him work? You would be afraid of him. You would decline his services, and who could blame you? But the convict must live, and it is easily seen, how, that after applying to several for work and being refused each time on account of his past trouble, he would, after a time, become discouraged and return to a life of a criminal. Hunger drives him to deeds of desperation, and more especially is this the case if he have a wife or helpless children depending upon him. On his discharge from the prison the State presents him, with a shoddy suit of clothes (very cheap), buys him a ticket for the town from which he came, and then lets him shift for himself. Disgraced, penniless, friendless, helpless, how is it possible for anyone of them ever to secure another foothold in life.
Something should be done, to help these men to secure work for a time after their discharge from prison. This would prevent a vast majority of criminals from returning to the prison after their first term. That my views on this subject may not be considered visionary, and that I may not be regarded as standing alone in my suggestions, I will give a portion of the report of Rev. J. Gierlow, ex-chaplain of the Missouri penitentiary.
"The increase of crime is necessarily attracting the attention of all thinking people, and there is abundant evidence that crime-causes are increasing, for which there seems to be no adequate prevention. It has been said, that nearly all crime originates in the saloon, but this statement requires discrimination. Very few professional thieves are inebriates. That class of criminals are sober men, they could not ply their trade without a clear head, nor do they go with those who drink, for they talk too much. No, intemperance to a considerable extent, is only a secondary cause of crime which must be reached by well-ordered, sanitary, hygienic and educational measures. Diseased bodies and unbalanced minds are largely characteristic of criminals; and these are two factors in producing crime.
"There is a numerous class in whom crime seems to be hereditary, a taint in the blood. In the same family there are generations of criminals. Prison life adds another large section to the criminal class. By the congregate system the prison becomes a school of crime, where the young offender is both demoralized by contact with hardened criminals, and initiated into the mysteries of professional villainy. It is a question whether detention in prison, without remedial influences, is not more of a loss than a gain. The critical time of a prisoner, desirous of building up a new life, is when he crosses the threshold of the prison and goes out into the world. He is met with distrust wherever his past is known. He is in constant terror of exposure if he tries to keep it secret. And what does the State do to put him on his feet or to give him a chance? It gives him a few dollars to carry him here or there, and bids him shift for himself. And finding every avenue of honest employment closed against him, he is driven in desperation, however well disposed he may be, to renew his criminal habits and associates. What, then, are the remedies, as far as the prison system is concerned? Chiefly, classification. Let not one who desires to reform be compelled to associate with those who are almost sure to degrade and debase him. The neglect of discriminating classification of offenders is a dark stain upon civilization. Then, again, I believe it to be the duty of the State to reinstate the penitentiary man in society. This may be secured by a conditional discharge, the finding of work for him, and the obligation to report himself at stated periods to the proper authority.
I have regarded it as within the province of my office to thus briefly set forth what I have gathered from experience in my intercourse with convicts, as well as from sober conviction, after mature deliberation. Let the State consider and act.
TABLE SHOWING SENTENCES OF CONVICTSDURING THE YEARS 1887 AND 1888.Years. Mos. No.1 21 ... 141 6 12 ... 7452 3 12 6 152 8 83 ... 2963 6 84 ... 864 4 14 6 15 ... 1646 ... 127 ... 218 ... 610 ... 7211 ... 312 ... 813 ... 114 ... 115 ... 1318 ... 220 ... 1021 ... 222 ... 125 ... 1330 ... 235 ... 138 ... 248 ... 150 ... 299 ... 4Life ... 4——Total 1523
I have here inserted the foregoing table to show the reader about how the sentences are. It will be observed that of the one thousand five hundred and twenty-three prisoners admitted during the past two years, seven hundred and forty-five of them, or nearly one-half, have but a two-years' sentence. This shows that the crimes committed were not very "horrible in their nature," or the sentences imposed would have been more severe. This is probably the first offense for these offenders. By good conduct in the prison one-fourth of their time will be deducted. This will give them but eighteen months of actual service. What can they accomplish in so short a time? The contractors care but little for them, since their time will expire before they can master a trade and be of any service. Had these youthful offenders been given a term in a county jail or reformatory, would not justice been satisfied, and there would have been more hope for the prisoner as to the future. HE WOULD NOT HAVE BEEN A PENITENTIARY CONVICT. I hope soon to see the day when the great State of Missouri will have a reformatory institution which will receive the wayward youth of that great commonwealth, and, after keeping and training them for a time, will send them out into the world stronger and better men than when first received. So far as reformation is concerned, the Missouri penitentiary is a dismal failure.
The Missouri penitentiary ranks among the leading penal institutions of the country in matter of discipline. The rules and regulations are placed in the hands of the prisoner as soon as he enters. If an inmate obeys these rules and regulations he will be let alone, and will go through his term of service without being punished. If he becomes unruly and disobedient he will be punished, and that, too, very severely.
Each prisoner is allowed one pound of tobacco a month for chewing and smoking purposes. In this prison the inmate is permitted to smoke in his cell. This is the only institution with which I am acquainted that permits smoking. The prisoners seem to enjoy their smoke very much, and I do not see but that it is just the thing, for if a person on the outside takes comfort from the use of his pipe, much more will the man who sits in the solitude of a felon's cell. If a prisoner violates a prison rule his tobacco is taken away from him for a time. The majority of the inmates will obey the rules of the prison through fear of having their tobacco, taken away from them. Each prisoner also has access to the books of the library, and another mode of punishment is to deprive the offender the use of the library for a time. This, also, has a very salutary effect. Another mode of punishment, is to place the unruly convict in a dungeon and feed him nothing but bread and water. The prisoner on entering this dreary abode must leave behind him his hat, coat and shoes, and in this condition he is required often to spend days and weeks in solitary confinement. The dungeon contains no furniture of any description save a night bucket. Prisoners do not remain in these dark holes very long until they promise obedience. It is one of the most successful modes of prison punishment. In case of a second or third offense, and sometimes for the first, in case it is a bad one, the offender is liable to receive a flogging.
This is one of the few penal institutions in our country where the cat-o'-nine-tails is used. When a prisoner's conduct has been such that it is deemed advisable to whip him, he is taken from his cell and led to a post in the rear of one of the large buildings, out of sight of the other convicts. His clothing is then removed, with the exception of his shoes. These are left on his feet to catch the blood that flows down his limbs. In this nude condition he is tightly bound to a post with chains. Standing at the post, in a helpless condition, he receives the lash. The whip consists of several leather straps, or thongs, at the ends of which small pieces of steel are fastened. Every blow brings the blood. I have been told by reliable persons that, at times, prisoners have been so severely flogged that the blood, flowing down their limbs into their shoes would fill them and run out over the tops. This seems barbarous in the extreme, and my humane reader at once cries out, "It should not be tolerated." In Missouri this flogging of human beings in prison has been going on for more than fifty years. After the punishment is over, the prisoner, half dead with fright and pain, is led back to his cell, where he remains for a day or two, that he may recuperate. He throws himself down on his "bunk," and remains there for hours, the blood still flowing from his lacerated back. Often the blanket on which he lies, sticks to his bleeding back, and a fellow convict is asked, often, to assist in removing it. Many a poor fellow carries with him through life the scars which were made while a convict in this prison. One day while I was working in the coal mines of the Kansas penitentiary, a fellow-convict showed me his scarred back. He had served a term in the Missouri penitentiary, and while there had been severely whipped. His back told the story too plainly that his whipping had been a severe and cruel one. It would seem that the day of the whipping-post had passed away; that the doors of our advanced civilization were shut against it.
Many of the prison officials claim that it is the most healthy mode of inflicting punishment; that to place a convict in a dungeon and to feed him on bread and, water is far more injurious to his health than to give him a good "paddling," and it don't require so long to do the work. The same results are reached more quickly. Others claim that it is impossible to have good prison discipline without resorting to the lash. This statement is not correct. There is no better discipline to be found in any penal institution, than that in the Kansas penitentiary, where no prisoner ever receives a stroke from a whip. The laws of that State forbid it. In our humble judgment it would be the best thing that the Missouri Legislature could do at its next session, to prohibit any further use of the lash. Sometimes a paddle is used, with small holes bored in the end, and every time this paddle strikes the nude flesh, blisters are raised. Again, another instrument of punishment in use is a thick, broad, leather strap, fastened in a wooden handle, at the end of which lateral incisions are made that give it the appearance of a saw. There is no trouble in raising huge blisters "with this engine of warfare." All these modes are barbarous, and should be forbidden. Whenever severe punishment becomes essential, let the prisoner remain in the dungeon, living on bread and water until he promises, in good faith, to behave himself. A great deal of useless punishment can be avoided if the officer in charge of the prison discipline is a humane man and a good judge of human nature, and no other should be permitted to fill this important position. We must not, however, be too hasty in condemning prison officials for harsh treatment of those under their charge. They have some of the most desperate men on the face of the earth to deal with, and at times it becomes a necessity to use harsh measures. Notwithstanding this is all true, there are but very few human beings but what have white spots in their otherwise darkened souls, and often a word of kindness does more than a cruel blow from a merciless officer.
The excellent discipline of this institution is due, in the main, to Captain Bradbury, the deputy warden. He is beyond doubt, one of the best, and most experienced prison men in the United States. He has been connected with the Missouri prison for thirty-three years. The warden looks after the finances of the institution, and it belongs to Captain Bradbury to hold in subjection the two thousand criminals that are crowded together in that small prison enclosure. This celebrated deputy warden is a Virginian by birth. He is sixty-two years of age. He served in the Mexican war, and now draws a pension from the Government, because of his services there. If a prisoner conducts himself properly, Captain Bradbury will treat him as humanely as he can under the circumstances. If he becomes willful and unruly, the Captain no doubt will take great pleasure in giving the offender "a good paddling," to use his own forcible expression. This official is a strong advocate of corporal punishment. He claims that a "little loosening up of the hide" of an obstreperous prisoner does the said prisoner a vast amount of good. Among the convicts the deputy warden is austere. He is never seen sauntering about the prison enclosure with his long arms entwined about any of "the boys in stripes." He claims, that too great a familiarity breeds contempt. This seeming harshness when in the presence of the prisoners is only borrowed for the occasion, for, away from the convicts, there is not a more social gentleman in the State of Missouri. Great credit is due to Captain Bradbury for his excellent management of this institution, under such unfavorable circumstances. Could he be persuaded to quit the use of the whipping post, and use other measures less barbarous, I think the same discipline could be secured, as now exists. The officers here do not seem to be so exacting as in many other prisons. In the Kansas penitentiary, when prisoners are in ranks going to and from their meals, their cells, or workshops, they are required to fold their arms, and keep their eyes fixed upon the back of the one's head just in front. No gazing about is permitted, and should a prisoner speak to one in the front of him and be detected, he would be summarily dealt with. In the Missouri prison I noticed that the convicts while marching would gaze about wherever they wished, and go swinging along with their arms dangling at their sides. In many prisons the inmates are required, while in ranks, to keep their hands on the shoulders of the man in front. This would seem to be the most desirable way of having the prisoners march. In this prison one can detect more of a homelike feeling, not so rigorous and exacting as in many institutions of this nature. Captain Todd, assistant deputy warden, is another official of long standing. He has been with this prison for eighteen years, and is very popular. In this connection we must not fail to mention Captain Crump, who has been connected with this prison for thirty-six years, but who was discharged during the last administration because of his making statements to the effect that the prison was run by a "political ring." He is now deputy marshal of Jefferson City, and is a faithful officer. He incurred the displeasure of the contractors because of the grave charges he made against them, because of their inhuman demands upon the prisoners, requiring of them more work than they were able to perform. Because of his humaneness, and because he wanted to see the helpless prisoner treated as he should be, after thirty-six years of faithful service was discharged from the institution. In 1883 there was an investigation made of many serious charges preferred against the contractors and some of the leading officials. The committee made their report to the governor, and some five hundred pamphlets containing this report were printed for distribution. When the Legislature met none of these books could be found, and the whole matter was a specimen of whitewash. The report contained some very damaging charges, but nothing was ever done with the matter. I visited the office of the secretary of state and asked to see one of these books, but even his office did not contain a copy of this State document. The Legislature should keep a watchful eye over this penal institution, and, while there should be good discipline maintained, the prisoners should not be treated in a barbarous manner.
A PARDONING BOARD
The governor has the pardoning power. He extends executive clemency to a number annually. He has not time to attend to the duties connected with this prerogative. There are 2,000 prisoners. No doubt many of them have excessive sentences. If a thorough investigation was made, many would be found innocent. The governor has not the time to attend to these matters. There should be a pardoning board appointed to investigate these cases and advise with the governor. To show the necessity of such a board, I have only to state that during the past year the Pardoning Board of Kansas has advised executive clemency to fifteen criminals who received their pardons on the grounds of innocency. One of the number being a Mrs. Henrietta Cook, who was sentenced for life, and who had served fifteen years of imprisonment, when, upon an investigation of her case by the Pardoning Board, she was discharged, there being no doubt as to her innocence. The great majority of these prisoners are poor and friendless. They have no one on the outside to aid them in securing their rights, and unless a pardoning board is appointed to investigate these cases, many a man and woman entirely innocent, will have to serve out a sentence in this prison.
It is but natural for the contractors to use their influence to prevent the men under their control from receiving pardons. If a man is sentenced for ten years, and has been in one of the shops for two or three years, and has learned to do his work well, the contractor will want to keep him instead of letting him go, and will, no doubt, in an underhanded way, do all against the poor prisoner he can. This strong influence in many cases will have to be counteracted and overcome before the prisoner can receive his pardon and obtain his liberty. A pardoning board, when appointed, should be men who would not be in collusion with the contractors, but be men who would see that the prisoner had justice.