CO885-(6-7) — Page 565

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(4) The number of cases of corporal punishment is reported annually in the Inspector- General's report for the previous year.

The details (b) "for what offences inflicted," and (c)"how many strokes in each case," could be easily comprised in a separate report for the information of the Governor and for transmission to the Colonial Office.

may add, with reference to the remarks of the Secretary of State in his letter, that, while I believe that the officers having the control of the prisons in the Island are all desirous of limiting corporal punishment as much as possible, any further restrictions than those which are now imposed by the laws, and the rules under the laws, would result in increased suffering to contumacious or idle prisoners, and would be prejudicial to the discipline of the prisons. For gross or persistent offences in prison, as for certain offences outside prison, which other means have failed to check, I am convinced that corporal punishment provides the remedy most merciful to the delinquent, and most deterrent to those who may be tempted to follow his example. By reports and returns the Government should be kept in a position to check at once any abuses, but I believe that in Ceylon the power of awarding this punishment is in safe hands, and I would deprecate any measure that would involve too close restrictions, or delay in the infliction of the punishment, and consequent increased suffering.

L. F. KNOLLYS,

20182,

Acting Inspector-General of Prisons.

11th August 1897.

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Enclosure 1 in No. 9.

H.M. Prison, Antigua.

RETURN OF CORPORAL PUNISHMENT INFLICTED IN 1895.

10th June 1895.-James Shoy: refusing to work and creating a disturbance-12 strokes with cat-o'-nine-tails.

11th December 1895.-James Shoy; insubordination-12 strokes with cat-o'-nine- tails.

The same prisoner flogged twice.

RETURN OF CORPORAL PUNISHMENT INFLICTED IN 1896.

6th February 1896.-Reginald Wattley; (a) disobeying, resisting, and defying prison officers; (b) wilfully and maliciously damaging his cell with intent to escape-12 strokes with cat-o'-nine-tails.

17th March 1896.—Joseph Edwards; insubordination-6 strokes with tamarind rod. 27th October 1896.-Joseph Jeremi; attempting to escape from gang armed with s cutlass 12 strokes with cat-o'-nine-tails.

Total number of floggings for 1896—Three.

18/8/97.

W. H. HOAR,

Acting Chief Keeper.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

7

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

(No. 488.)

SIR,

No. 9.

LEEWARD ISLANDS.

GOVERNOR SIR F. FLEMING to MR. CHAMBERLAIN.

(Received September 16, 1897).

Government House, Antigua, 25th August 1897.

I HAVE the honour to acknowledge the receipt of your Circular Despatch of the 25th of May last on the question of flogging as a punishment for crime and for prison endeavour offences and to inform you, in reply, that it has always been my wish and

my that this punishment should be sparingly had recourse to.

2. Care will be taken that flogging for prison offences is inflicted, for the future, in accordance with the Regulations specified in your despatch and the returns asked for will be duly transmitted to you.

3. I understand from paragraph 9 of your despatch that you also desire to be furnished with a return of floggings ordered by Courts of Justice, which I think very desirable, but I would remark, as regards these floggings, that the Governor, as a rule, has no power to interfere, although in virtue of the general powers possessed by him he could probably remit such portion of a sentence as included fogging.

4. When I was Governor of Sierra Leone I noticed the frequent and severe floggings which were adjudged by the Supreme Court of that colony, and although I was not in a position to interfere directly in the matter, I considered it my duty to bring the fact to the notice of the Secretary of State, which I did in the despatches I wrote during the year 1892 or 1893.

5. I enclose copy of a return which has been furnished by the Acting Chief Keeper of the Central Prison in Antigua, from which you will see that there were only two floggings inflicted (both on the same prisoner) in the year 1895, when I first arrived in this colony, and only three during the year 1896,

I have, &c.,

F. FLEMING.

P.S. Since writing the above I have received a letter from the Chief Justice on the subject of floggings ordered by the Supreme Court, a copy of which I enclose. It will be seen that cases in which whippings have been ordered by the Court have, during recent years, been very few.

SIR,

Enclosure 2 in No. 9.

CHIEF JUSTICE SIR H. T. WRENFORDSLEY to GOVERNOR SIR F. FLEMING.

St. John's, Antigua, W.I., 28th August 1897. FLOGGING.

In reply to Your Excellency's letter of the 25th of August having reference to flogging, I beg to forward a report which I have obtained from the Chief Registrar. You will observe that flogging, in the sense conveyed by your letter, is practically unknown here.

2. Speaking for myself, I have been a Judge, or Chief Justice in seven colonies, and in the course of my experience on the Bench I have never once ordered any one to be flogged; and moreover such a sentence would be very much opposed to my feelings on the subject.

I have, &c.

His Excellency SIR FRANCIS FLEMING, K.C.M.G.

HENRY T. WRENFORDSLEY,

Chief Justice, Leeward Islands.

CHIEF REGISTRAR to CHIEF JUSTICE.

His Honour the CHIEF JUSTICE,

In my experience of 24 years as Registrar of the Supreme Court I only recollect 2 cases in which whipping was ordered by the Court. They were juvenile offenders, and the punishment was inflicted with the approbation of their parents. There has been no sentence of the kind in Antigua under the Act No. 8 of 1897. Many years ago whipping was always ordered by the Court in cases of persons convicted of the offence of "Obeah." The Act authorising this has been repealed several years ago.

27/8/97.

0. H. Chief Registrar.