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A-I might say any act of repeated disobedience of the Regulations or wilfully damaging Gaol property. I am very careful about the offence for which I whip. Repeated refusal to labour is the offence- the chief offence-for which whipping is inflicted by myself.
Q-Now you have seen the general trend of my questions. It has been this: that the insertion in Rule 274 of punishment for repeated offences which, if committed for the first time, would have been punishable under other Rules, seems to point to the fact that it was not intended by Rule 274 to inflict punishment for repetition of other offences not mentioned specifically in Rule 274. Now in view of the questions that have been put to you, do you not think that your interpretation of the words "Any act of insubordination requiring to be dealt with by extraordinary means" has been too liberal?
A--No.
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Q-Coming to Rule 275, to what offence do the words "any offence at the begin- ning of Rule 275 refer ? "If any criminal prisoner is guilty of any offence," &c. In what sense do you apply that?
A-Any offence that a prisoner may commit against the Prison Regulations. Q-The next clause says: "or a breach of the Prison Regulations." What offences refer to a breach of the Prison Regulations?
A-Perhaps minor offences,
Q-Can you detail them?
A-Offences such as talking.
Q--That is an offence you would call disorderly conduct?
A--Shouting I call disorderly conduct.
Q-Shouting and talking are disorderly conduct; and you say it refers to defaults of that kind ?
A- Not under this section which renders a man liable to be whipped.
Q-That is the question. If any criminal prisoner is guilty of any offence under the first part you can only punish him by close and solitary confinement; it is not a question of flogging. I want to know what defaults or what acts you would consider an offence under the first part of Rule 275 entitling a Visiting Justice in conjunction with the Superintendent, after enquiry, to punish such prisoner by close or solitary con- finement on bread, or rice and water, for a period not exceeding fourteen days?
A-For any offence that is not mentioned in the preceding paragraph-274, if repeated and of an aggravated nature.
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Q-I want to draw your particular attention to the three sorts of acts for which a prisoner may be punished after inquiry by a Visiting Justice by close and solitary confinement, etc. It says "Any offence or breach of the Prison Regulatious or of discipline." Now take the case of Prison discipline. Rule 270 says: "The following acts are declared to be offences against Prisou discipline," and there are eight categories of offences. It says, in Rule 275, if, in your opinion, you deem that any breach of Prison discipline, that is, any breach under Rule 270-for the duc punishment of which you may deem the powers vested in you insufficient, it shall be lawful for you, as Superintendent, in conjunction with a Visiting Justice, after inquiry to punish such prisoner by close or solitary confinement, etc., etc. Do you not think, as Rule 275 requires the presence of a Justice to help you and that the only punishment that may be inflicted under the first part of Rule 275 is confined to close or solitary confinement on bread, or rice and water, that it implies that you have no power to whip a mau for any offence under Rule 270 which is not, by reason of repetition, made an offence under Rule 274?