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In this reply, Dr. Clarke states that he wholly differs from the opinion given by the medical gentlemen, that Hurdle was suffering from the attack of which he died when he saw him; but Dr. Clarke admits that he might have examined him more minutely when he saw him, but there was nothing to indicate that he was ill. Dr. Clarke likewise describes Hurdle as such a weak person.

Now Hurdle was in hospital, from an injury to the instep, from the 20th August to the 3rd December, and again from the 8th February to the 5th July for sores on the feet or nearly eight and a half months in all.

Moreover, on the 22nd July, he was seen by Dr. Clarke, and admitted into hospital, but was not visited again by him, and on the morning of the 26th he died.

The Commissioners report that on this last occasion it is admitted by the Medical Officer that he saw the prisoner on the 22nd July about half past 8 o'clock in the morning; "that the man did not at that time appear to him ill; that he might have had then the inflammation of the lung which caused his death, but he made no com- plaint referring to his chest, and displayed no symptoms that attracted attention to that part; consequently he (the doctor) did not examine the prisoner's lungs, and that had he done so he must have discovered the disease from which the prisoner was suffering. He thought, however, that the malady was trifling, being in a measure thrown off his guard, by the fact that the prisoner was a weakly man, always complaining, and there- fore he permitted him to go back to hospital without giving any particular directions with regard to him.

With this admission, it appears to me, not only that Dr. Clarke should, on the last occasion, have paid special attention to the man, and have examined him there carefully and frequently, but that he should have done so before, when he was so much in hospital, and was a weakly man almost always complaining.

A weakly man constantly in hospital should surely attract special notice, in order to discover, not only the amount of hard labour, if any, he was fit for, but also what diet, în quality and quantity, he should be given.

A careful examination would have probably led, at a comparatively early period, to a discovery of mischief in the lungs, and on the representation of the Medical Officer, Hurdle might have been released from prison, admitted into hospital, and his life have been prolonged, if not saved.

It appears that a daily visit by the Medical Officer to the hospital has not been laid down in the rules; but the common practice has been for it to be visited twice a week and oftener only when called for by the superintendent.

I am glad, however, to remark that, whenever summoned, or when Dr. Clarke thought there was any bad case, his visits were frequent.

But I regret to feel it my duty to express my opinion that, notwithstanding the absence of special rules as to attendance, Dr. Clarke should have visited the hospital much more frequently than he has been in the habit of doing, as he must be aware that a non-professional man is not competent to discover whether a prisoner is malingering or not, while, as a subordinate, he would not like to call the Medical Officer frequently, nor until a case was so bad that even a non-professional eye could discover it.

I regret also to have to remark that in the case of Hurdle Dr. Clarke has been very

neglectful, and incurs great blame, not for inhumanity, but for carelessness.

In consideration of Dr. Clarke's long service, of his known kindness of heart, and of his readiness when called upon to do all in his power. for prisoners, in consideration also of the slackness allowed by the rules of the prison, I am not prepared to take any further steps in the matter beyond the censure I thus convey.

I order that for the future the Medical Officer visits the hospital daily, that he inserts these visits in a book, with all the cases treated, their nature, his prescriptions for them, and orders with regard to diet,

In the case of weakly prisoners, he should give special orders as to the work they should, or should not, be put to, and he shall bring under the notice of the proper. authorities any deficiencies in the sanitary condition of the hospital or in hospital accessories.

Government House, August 28, 1875.

(Signed)

S. FREELING, Administrator.

77

Inclosure 4 in No. 11.

EXTRACT from Punishment Book of Town Hall Gaol relating to the case of Henry Hurdle, from January to July, 1875.

Date.

January 21 January 25

April 19

April 21

May 25

June 3

June 11

July 6

(No. 7.) Bir,

Offence.

Idleness at shot drill Ditto in dredge gang Disobedience..

Leaving work without permission. Ditto

..

Idle at stone breaking ..

Punishment.

Half messed for 2 days 10 days extra stone breaking

Separate cell for 4 nights Half mess at dinner

Ditto for 2 days

Separate cell 7 nights Half rations 8 days

Very idle at ditto

Disobedience of order..

Ditto 2 days..

No. 12.

f

The Earl of Carnarvon to Governor Hennessy, C.M.G.

By what Authority."

The Kooper.

Downing Street, February 8, 1876.

I HAVE the honour to acknowledge the receipt of your despatch No. 146 of the 25th of November,* and I am glad to receive the assurance that the members of the Legislature are willing to carry out whatever suggestions they may receive from Her Majesty Government for the improvement of the prisons of Barbados.

(No. 10.)

I have, &c.

(Signed)

CARNARVON,

2

No. 13.

The Earl of Carnarvon to Governor Hennessy, C.M.G.

Sir,

I HAVE received your despatches Nos. 165 and 166 of the 9th and 10th December, t

Downing Street, February 16, 1876. reporting the result of some inquiries made by you into the state of the Barbados prisons.

2. The facts which have come under your notice, and which you have very properly reported to me, disclose a state of things both as regards the condition and management of the prisons and the frequency and severity of the punishment of flogging, and other abuses, which are most discreditable and cannot be allowed to continue.

3. I have read the accounts contained in these papers-on, some of the details of which I will comment hereafter-with a feeling of deep regret that such great abuses could exist in a Barbados prison. I need not say that a reform of such evils is absolutely necessary. Meanwhile, I may remind you that by the Imperial Statute 1 and 2 Vict., c. 67 very large and summary powers are conferred upon Her Majesty's Government as regards prisons in the West Indies. This Act was passed with the object of putting an end to such abuses as appear to exist in the Town Hall prison of Barbados; and if these abuses cannot be otherwise corrected, and if the Assembly still fails to provide a proper prison, it will become necessary to consider whether, after due warning, the Act should not be put in force.

4. With regard to the alleged severity of the instrument used in flogging the prisoners, I may refer you to Mr. Cardwell's circular despatches of the 21st January and 13th April, 1865, by which the amount and character of corporal punishment are very clearly defined. I request your attention to them with a view to reducing this punish- ment when breaches of prison discipline render its use necessary, but within safe and moderate limits.

5. With regard to the circumstances attending the death of the unfortunate prisoner Hurdle, I regret that I must express my entire concurrence in the censure passed upon Dr. Clarke by Mr. Freeting in his minute of the 28th August last, and I trust that what has happened will have the effect of inducing a more careful daily attendance on his part, without which it would be impossible to allow him to retain his office.

6. There can be no doubt that the reprehensible excess of authority on the part of

Nos. 10 and II.

(404)

+ No. 8.

X

PUBLIC RECORD OFFICE

TITTI

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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