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A-Repetition of refusal to labour.
Q-How many times?
A-Twice.
Q -On the second offence you would give him a flogging?
A-On the second offence I would whip him.
Q-Does it not occur to you that the words "persistent and aggravated" qualify the words “idleness and refusal to labour?”
A-" Persistent and aggravated," I take it, refer to idleness.
Q--And not to "refusal to labour?"
11
A--And not to "refusal to labour." There is a comma after the word "idleness.' Q--Supposing the words "persistent and aggravated" refer to refusal to labour, you be justified in flogging a man for persistent and aggravated refusal to labour?
A-Yes.
would
Q-Do you ever put a disorderly prisoner in cross-irons or in handcuffs ?
A-1 have done so.
Q--Not for the first offence, I suppose?
A-It all depends. If the prisoner is so violent-
Q-I am not speaking about the violence; I am speaking only of disorderliness at present.
A-No, I should not put him in cross-irons.
Q--For a second or third offence would you?
A-For a second or third offence I would put him in cross-irons.
Q--Does it not appear to you that for the first offence of disorderly conduct the first thing to do is to keep the man in a punishment ceil for not more than three days, or deprive him of his pork under Rule 271; and that Rule 273 points to the further restraint in the case of repeated disorderly conduct?
A-Yes; I should certainly not put a man in cross-irons for the first offence of disorderly conduct. I think that was the question you asked me?
Q-Yes. Then it would take a great deal to bring an act of disorderly conduct up to the level of an "act of insubordination requiring to be suppressed by extraordinary
"under Rule 274, would it not?
means
A-Yes.
Q-I suppose you distinguish between a violent prisoner and a prisoner who offered
violence to an officer?
274.
A--Certainly.
Q-The punishment to a prisoner who offers violence to any officer is under Rule
He may be whipped?
A-Yes.
Q--Have you ever punished a violent prisoner by flogging him?
A---No.
Q-Do you think you have power to punish a violent prisoner by flogging him? A-It might come under an act of insubordination.