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The alarming increase of mortality in the Gaol from August 1870 to the present time, cannot be attributed to the introduction of the new system of penal discipline.

That system was in full operation throughout the specially healthy period of 1868, 1869, and the first half of 1870.

The increase of mortality was not caused by any epidemie, or from any physical causes from without,

The neighbourhood of the Gaol has continued to be healthy. Dr. Charsley describes the present state of unhealthiness in the Gaol as having "grown up gradually from local causes within the Gnol ”

What were those local causes ?

Perhaps some light may be thrown on this, by ascertaining what were the causes of the exceptionally healthy state of the Gaol during 1868, 1860, and the first half of 1870. In a Report which this Commission had the honour to present to your Excellency's predecessor, Sir Hercules Robinson, in June 1868, we adverted, with gratification, to the great improvement of the sanitary state of the Welikada Gaol, and we stated our belief that much of this improvement is due to the cleanliness, regularity, and good order which have been maintained in the Gaol by the new Governor (i.e. Mr. Duval), and to the care with which the physical condition of every prisoner is watched by the medical officer." The change of government of the Gaol was in August 1870; and, as we have already pointed out, the change from a healthy to an unhealthy state of the Gaol began during the last half of 1870.

It would, however, be extremely unfair to impute this deterioration of the sanitary state of the Gaol solely to the new Governor.

There was no special occurrence in the last half of 1870, which must inevitably have affected the rates of sickness and mortality in the gaol whoever had been Governor. This was the drafting of 200 picked men, the lulest and strongest of all the prisoners, from the gaol to proceed to Manaar; and the filling up their place in Welikada by large drafts from out-stations, principally from Kurunegala, which is notoriously one of the unhealthiest districts in the island.

These men were, without exception, mere skeletons," and "in these men the slightest atmospheric change induced disease."

Since then eighty more of the strongest and stoutest men in Welikada have been transferred to Mannar.

There is also evidence that the cause of the present "poisonous" state of the walls of the cells had been in existence, and had been silently engendering mischief before Dr. Coghill's administration began, though the mischief was not actively developed till afterwards.

It is also fair to point out that Dr. Coghill himself had been chief resident Medical Officer during the greater part of the exceptionally healthy period, and he is entitled to his share of credit justly ascribed to the vigilance of the medical officers during that period.

But, while we wish all due weight to be given to these considerations, it is our duty to state that we regard "a state of disorganization in the discipline of the gaol," and "antagonism between the medical and disciplinary departments of a prison" to be sure causes of deterioration in its sanitary condition.

In such a state of things, neglect of duty spreads rapidly among subordinate officers, and is most certain to be shown in frequent and increasingly gross neglect of such duties as are in themselves irksome and repulsive. Such emphatically are the duties of attending to latrines, urinals, and chamber utensils, to making the strong prisoners keep themselves clean, and to keeping those clean who are in a state of sickness or other infirmity.

Dirt follows mismanagement, and disease follows dirt in a never-failing sequence. It is also certain that a state of autagonism between the medical and disciplinary authorities of a gaol must be totally inconsistent with earnest and ready co-operation of all officers of every class, which ought to be directed to keeping in health those who are whole, and to effecting a speedy recovery of the sick.

We now come to certain specific mischievous practices in the gaol, which we regard as having caused (jointly with other causes) the increased mortality in the gaol.

First.-Overcrowding, especially in placing more than one prisoner in a cell.

We may remark here that it is among the prisoners, who are kept in cells, and who

are called by the gaol officers "cellular prisoners," that mortality has chiefly raged.

It has been comparatively light among what are called the "associated prisoners; that is, prisoners who pass the night in wards, each of which holds a considerable number, and who work in gangs, or in the same shed or shop with other prisoners during the day.

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We find that it has been common to place the prisoners, and, occasionally, as many as five, in a single cell.

The new cells contain each rather more than 1,000 cubic feet of air, the old cells contain a less amount.

When the members of this Commission in 1866 prepared our first and principal Report, great pains were taken to ascertain the minimum space which every "separate cell" should contain, and the amount of ventilation it should receive. It was never contemplated that cells to be constructed as separate cells" would be used to receive more than one convict. It is obvious that all the moral benefits of the separate system are done away with when parties of three or five are stowed in a single cell.

They had far better be in a large ward with twenty or thirty companions. But the physical evils of this abuse are even more glaring.

When three men are packed in a cell, each man gets less air and less ventilation by two-thirds than are necessary for his healthy vitality.

When five are agglomerated in a cell, each man gets only a fifth of the air and ventila- tion he ought to have.

Moreover, a cellular prisoner" passes day and night in his cell, except for a period

of one hour-and-a-half in the morning, and a similar period in the afternoon, when he is outside at shot-drill, or carrying a loaded pingo. He is obliged to work hard in his

cell for several hours in the day picking coir.

The exudations and exhalations from his body, and from the bodies of his companions, are all this time tainting the atmosphere of their narrow den.

Worse remains to be told.

"The cellular prisoners take unglazed chatties into their cells,” and have no means of relieving theinselves but in these chatties in these cells."

"It is not allowed to take a man out of his cell at night,"

We use the present tense in speaking of these things, as it was used in the evidence given before us. But it is right to state that Dr. Coghill, in giving evidence about this

on the 17th October last, added respecting the cellular overcrowding, "It has now ceased, but we have found no improvement."

That the high rate of mortality continued is not to be wondered at, when we consider how thoroughly poisoned the cells and the whole buildings must have become.

The system of not allowing prisoners to leave their sleeping-places at night to satisfy the calls of nature, has not been limited to the cells. It has been enforced also in the wards and hospitals, and the tubs and other receptacles for the men's excreta, placed and kept there during the night, must have caused contaminated air and filthy floors, and must have contributed to the general unhealthiness of the gaol.

To return to the "cellular prisoners." Their health has also been prejudiced by their having no change of clothes at night. A man bas had to lie down and pass the night in clothes damp and sodden with perspiration caused by his day's work; and the damp- ness of the cells has, to some extent, been increased by the nature of the work,—that is, coir-beating. It is necessary that the coir should have water poured on it order to make the man's work effective.

The cells have become peculiarly unhealthy from the practice which has prevailed of laying on coat after coat of whitewash from time to time, without scraping the old white- wash away before the new is applied. The whitewash absorbs the miasmata from the atmosphere of the cells, and becomes itself a surface which radiates poison.

The cells have now a layer of about one quarter of an inch thick of this morbific coating.

cells.

There has been insufficient ventilation in the upper parts of the new corridors of the The heated and vitiated air ascends from below, and finds no adequate means of escape.

It has been ascertained that the average temperature of the highest of the three tiers of these cells, exceeds the temperature of the lower tier by an average of 4 degrees.

The general result has been that the atmosphere of the cells becomes hot and offensively filthy, especially towards morning; and when the men have been taken out of their heated dens and exposed to the chill of the morning air at an unnecessary early

hour.

We see here a direct cause of immediate diarrlin and dysentery.

It has also been the practice to make these "cellular prisoners" work their shot-dill and pingo carrying out in the sunshine.

This is a wholly unnecessary and a mischievous aggravation of penal labour.

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The sanitary condition of the gaol must have suffered greatly for want of hospital accommodation.

A new hospital ought to have been completed before the old one was done away with. The inadequate and ill-arranged buildings which have been used as a temporary hospital wards must have made disease more lasting and more deadly.

During the last two weeks the sick have been removed into the large building near the gaol, called the small-pox hospital, a measure which has been practicable, because amall-pox is not at present epidemic in Colombo. This removal of the sick prisoners has been very beneficial to them.

With respect to remedies, we consider that the first thing to be attended to is the immediate purification of the gaol.

We thoroughly agree with Dr. Charsley that the present is a crisis in which disci- plinary regulations must be subordinated to the exigencies of preserving life. The best thing would be to empty the whole gaol of prisoners, and to keep it emptied till it has been thoroughly disinfected and sweetened,

But if it is impracticable to find a place or places whither the whole body of the prisoners can be removed for a time, we recommend that the suggestion of Dr. Charsley be adopted of purifying one wing of the building at a time.

There is abundance of vacant space within the prison walls, and such prisoners as could not be properly placed in the other wing can be hutted out in Cadjan sheds, which can be rapidly and cheaply run up by the prisoners themselves.

Some additional peons will be required in order to prevent escapes, but the expense of this is not to be weighed against the cost of human life; and it will be probably found to be absolutely cheaper than the continuance of a system which sends so many patients to the hospital.

Let the walls of the cells and all the walls of every part of the building be thoroughly scraped, and let them be coated over, not with whitewash, but with Parian cement, which can be kept clean by washing with water.

Give more ventilation to the corridors of cells by openings in the roof, or by Louvre boards immediately under the roof.

Prohibit in the most peremptory and unmistakeable manner the placing of more than one prisoner within a cell. If there are more prisoners who ought to be cellular prisoners than the cells can accommodate, they must be hutted out in wards till more cells be built.

Let each cellular prisoner work for part of the day at least in a compartment of a shed, as suggested by Dr. Charsley, so that the man's face will be to the wall, and so that the sides of the compartment will prevent him from communicating with other prisoners, but behind him the shed will be open. If this be done, each man's cell can be left empty and with open door for a great part of the day, so as to be made fresh and wholesome when the man returns.

Give each man throughout the prison night-clothing; also every prisoner who goes into hospital should receive distinct hospital clothing.

llis other clothing should be fumigated while he is in hospital, and should be given back to him when he leaves hospital in a perfectly clean and wholesome state.

Let shot-drill and pingo work be done under a shed, or in some kind of shelter from

the sun.

Bring the cellular prisoners out of their cells at a later hour in the morning, Throughout the gaol put an end to the system of shutting men up at night with pans, tubs, chatties, or the like, to case themselves in.

Let there be in every cell and ward a bell and a tell-tale connected with it, so that the prisoner who requires to go the latrine, or urinal, can communicate with the prison orderly, or peon, and may be led there and back again.

Give more facilities for bathing, and for washing the face and hands.

If possible retain the building called the Small-pox Hospital, as the Gaol Hospital. A building, such as formerly used to exist, might be obtained, or run up in the cinnamon gardens, or elsewhere, suflicient for the emergencies of the outbreaks of small- pox, which from time to time occur.

The continued use of the present outbuilding as a gaol or hospital, would be an immense benefit.

Dr. Chursley has described the beneficial effects on the sick prisoners of their removal thither, to have been almost magical And experience elsewhere has shown how salutary are the effects on a sick convict of being moved away from the scene of his punishment This has notably been the case at Kandy.

If, however, the Small-pox Hospital cannot be retained, no pains or reasonable cost

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should be spared in building and fitting up the intended new hospital within the gaol, as quickly as possible.

Your Excellency, in the proceedings of inquiry as to Welikada Gaol, already referred to, has recommended and enjoined the restoration and maintenance of due discipline within the gaol, and the cultivation of good feeling and harmonious co-operation between the disciplinal and medical officers, so emphatically that it is needless for us to say more about these matters, than that we regard them as indispensable for keeping the gaol in a healthy condition.

We have said little about Hulfsdorff in this Report, because the state of the gaol there is stated to be generally healthy. But it is our duty to report that abuses exist there, which must sow the germs of disease, sure to break out sooner or later, in alarming mortality, unless these abuses are speedily checked.

The whole prison there is overcrowded; and the monster abuse of overcrowding the cells is continually practised.

When the Chief Justice inspected the place after the Cape Colombo Criminal Sessions, he ascertained that as many as three or four prisoners were often placed in a single cell; and on the measurement of one of these cells, the space contained in it was ascertained to be only 774 cubic feet.

The same prohibitions as to overcrowding which we have advised for Welikada, should be enforced at Hulfsdorff; and also the same prohibition of the use of night-tubs and pans for the reception of excreta.

At least half the number now in Hulfsdorff should be withdrawn from there.

We also feel it our duty to advert to the great probability which is understood to exist, that a large number of convicts will be required for several years on the new Colombo Breakwater, and the quarries and other works connected with it,

If this be so, provision should be made in good time for lodging convicts near the scenes of their labour, for organizing an effective control over them, and for guarding against escapes.

Among the numerous matters for consideration here, sanitary matters will not be the least important.

His Excellency the Right Hon. the Governor,

&c.

&c.

&c.

We have, &c. (Signed)

E. 8. CREASY, C.J.

C. TEMPLE, P.J.

Q.A.*

C. H. STEWART, P.J. J. R. MOSSE, D.P.W.

*The Queen's Advocate desires me to state, that as he was unable to attend the proceedings, except for a very short time, he does not sign the Report.

E. S. CREASY.

No. 40.

(Signed)

The Earl of Kimberley to Governor the Right Hon. W. H. Gregory.

(No. 159. Ceylon.)

Sir,

Downing Street, July 2, 1873. I HAVE received your despatch No. 103 of the 14th April last,* with copies of the Report of the Commissioners appointed to inquire into the causes of the sickness and mortality in Welikada Prison, and other papers connected with the subject.

The excessive mortality began in June 1870; and in the last six months of that year instead of 8 deaths, which was the number in the previous six months, there were 45 deaths, being at the rate of 90 per annum, which appears to be a death-rate of about 20 per cent. for those six months; and this enormous death-rate continued, with scarcely any diminution, throughout the years 1871 and 1872, though towards the end of the latter year, on some very simple, and what might seem obvious and indispensable, steps being taken to remove the causes, the mortality ceased; and the total number of sick on the 4th December, 1872, was only 3.

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