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A-Not necessarily, because idleness or negligence at work might come in that part of Rule 274 referring to mutiny or conspiracy. I should say that conspiracy to refuse to labour is the same thing as mutiny.
Q-You say
that conspiracy to refuse labour in the Gaol is equivalent to mutiny? A-Yes, it is equivalent to mutiny; at all events it requires to be dealt with under Rule 274.
Q-Now come to Rule 273. Have you ever put in "cross-irons of 10 lbs. weight, or less, or in handcuffs, any disorderly or violent prisoner ?"
A-No.
Q-For twenty-four hours at one time ?
•
A-I do not recollect a case.
Q-If you do not recollect having done it yourself have you ever known a case of punishment of more than twenty-four hours with the aid of a Visiting Justice?
A-No such case, certainly.
Q-Now turn to Rule 274. I first ask you whether the report which the Super- intendent makes to the Governor is made before or after the flogging?
A--It is made after the flogging.
Q-Did you in any exceptional case make the report before the flogging?
A-Never.
Q--Now you see the offences that are specified there. "Mutiny or open incite- ment to mutiny in the prison, personal violence to any officer of the prison, repetition of threatening language to any officer or prisoner, and any act of insubordination. requiring to be suppressed by extraordinary means,' Can you state what interpretation you put upon these words: "Any act of insubordination requiring to be suppressed by extraordinary means ?"
A--I think the only case that I have inflicted flogging under these terms was an aggravated refusal to labour.
Q--And you do not think that the persistent and aggravated refusal to labour is provided for by Rule 272 ?
A--No, not aggravated cases. Deprivation of the evening meal is not much of a punishment.
Q--It might not be, but the question is would you have been justified in acting under Rule 274 in flogging a man for persistent and aggravated idleness or refusal to labour, which seems to be provided for under Rule 272 ?
A--I think so.
Q--What interpretation, broadly speaking, do you put upon the words-" Any act of insubordination requiring to be suppressed by extraordinary means?" Can you specify a case?
A--As a general rule the act of insubordination that I have flogged for under these circumstances was one, generally, of the third refusal to perform the daily task. I do not recollect any other instance of the punishment of flogging except under these
terms,
Q--What in your opinion would constitute "mutiny or open incitement to mutiny in a prison ?"
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