The State Prisoners.

(From 'The Age', February 14th, 1855.)

The following is the copy of a letter addressed by the state prisoners now awaiting their trial in the Melbourne Gaol, to the Sheriff, complaining of the treatment they have received:-

Her Majesty's Gaol, Melbourne, February 6th, 1855.

To the Sheriff of the Colony of Victoria:-

Sir--As the chief officer of the government, regulating prison discipline in Victoria, we, the undersigned Ballaarat state prisoners, respectfully beg to acquaint you with the mode of our treatment since our imprisonment in this gaol, in the hope that you will be pleased to make some alteration for the better.

At seven o'clock in the morning we are led into a small yard of about thirty yards long and eight wide, where we must either stand, walk or seat ourselves upon the cold earth (no seats or benches being afforded us), and which at meal times serves as chair, table, etc., with the additional consequence of having our food saturated with sand, dust, and with every kind of disgusting filth which the wind may happen to stir up within the yard.

We are locked in, about three o'clock in the afternoon, four or five of us together, in a cell whose dimensions are three feet by twelve, being thus debarred from the free air of heaven for sixteen hours out of the twenty-four.

The food is of the very worst description ever used by civilized beings. We are debarred the use of writing materials, except for purposes of pressing necessity; are never permitted to see a newspaper; and strictly prohibited the use of tobacco and snuff. We have been subjected to the annoyance of being stripped naked, a dozen men together, when a process of 'searching' takes place that is debasing to any human being, but perfectly revolting to men whose sensibilities have never been blunted by familiarity with crime--an ordeal of examination, and the coa.r.s.e audacity with which it is perpetrated, as would make manhood blush, and which it would a.s.suredly resent, as an outrage upon common decency, in any other place than a prison. And again, when the visiting justice makes his rounds, we are made to stand bareheaded before him, as if--etc.

We give the government the credit of believing that it is not its wish we should be treated with such apparent malignity and apparent malice; and also believe that if you, sir, the representative of government in this department, had been previously made acquainted with this mode of treatment, you would have caused it to be altered. But we have hitherto refrained from troubling the government on the subject, in expectation of a speedy trial, which now appears to be postponed sine die.

We, each of us, can look back with laudable pride upon our lives, and not a page in the record of the past can unfold a single transgression which would degrade us before man, or for which we would be condemned before our Maker.

And we naturally ask why we should be treated as if our lives had been one succession of crime, or as if society breathed freely once more at being rid of our dangerous and demoralising presence. Even the Sunday, that to all men in Christendom is a day of relaxation and comparative enjoyment, to us is one of gloom and weariness, being locked up in a dreary cell from three o'clock Sat.u.r.day evening till seven on Monday morning (except for about an hour and a half on Sunday); thus locked up in a narrow dungeon for forty consecutive hours! We appeal to you, and ask, was there ever worse treatment, in the worst days of the Roman inquisition, for men whose reputation had never been sullied with crime?

We therefore humbly submit, that, as the state looks only at present to our being well secured, we ought to be treated with every liberality consistent with our safe custody; and that any unnecessary harshness, or arrogant display of power, is nothing more or less than wanton cruelty.

Some of us, for instance, could wile away several hours each day in writing, an occupation which, while it would fill up the dreary vacuum of a prison life, as would the moderate use of snuff and tobacco cheer it, and soothe that mental irritation consequent upon seclusion. But that system of discipline which would paralyse the mind and debilitate the body--that would destroy intellectual as well as physical energy and vigour, cannot certainly be of human origin.

Trusting you will remove these sources of annoyance and complaint,

We beg to subscribe ourselves, Sir Your obedient servants.

[Here follow the names.]

Sheriff CLAUDE FARIE, Inspector PRICE, Turnkey HACKETT, they will praise your names in h.e.l.l!

Chapter Lx.x.xI.

Quem Patronem Rogaturus.

The brave people of Melbourne remembered the state prisoners, forgotten by the Ballaarat diggers, who now that the storm was over, considered themselves luckily cunning to have got off safe; and therefore could afford to 'joe' again; the red-streak near Golden-point, having put every one in the good old spirits of the good old times.

Yourself devoting to the public cause, You ask the people if they be 'there' to die: Yes, yes hurrah the thund'ring applause, Too soon, alas! you find out the lie!

Cast in a gaol, at best you are thought a fool, Red hot grows your foe; your friend too cool.

An angel, however, was sent to the undefended state prisoners. Hayes and myself were the first, who since our being in trouble, did grasp the hand of a gentleman, volunteering to be our friend.

JAMES MACPHERSON GRANT, solicitor, is a Scotchman of middle-size, middle-height; and the whole makes the man, an active man of business, a shrewd lawyer, and up to all the dodges of his profession. His forehead announces that all is sound within; his benevolent countenance a.s.sures that his heart is for man or woman in trouble. He hates oppression; so say his eyes. He scorns humbug; so says his nose. His manners declare that he was born a gentleman.

I very soon gave him hints for my defence, quite in accordance with what I have been stating above, and his clerk took the whole down in short-hand.

He encouraged me to be of good cheer, "You need not fear," said he, "you will soon be out, all of you."

G.o.d bless you, Mr. Grant! For the sake of you and Mr. Aspinall, the barrister, I smother now my bitterness, and pa.s.s over all that I suffered on account of so many postponements.

Timothy Hayes, when we returned broken-hearted for the FIFTH(!) time to our gaol, did we not curse the lawyers!

A wild turn of mind now launched my soul to the old beloved spot on the Eureka, and there I struck out the following anthem.

Chapter Lx.x.xII.

Victoria's 'Southern Cross'.

Tune--The 'Standard Bearer'

I.

WHEN Ballaarat unfurled the 'Southern Cross,'

Of joy a shout ascended to the heavens; The bearer was Toronto's Captain Ross; And frightened into fits red-taped ravens.

Chorus. For brave Lalor-- Was found 'all there,'

With dauntless dare: His men inspiring: To wolf or bear, Defiance bidding, He made them swear-- Be faithful to the Standard, for victory or death. (Bis.)

II.

Blood-hounds were soon let loose, with grog imbued, And murder stained that Sunday! Sunday morning; The Southern Cross in digger's gore imbrued, Was torn away, and left the diggers mourning!

Chorus.

Victoria men, to scare, stifle, or tame, Ye quarter-deck monsters are too impotent; The Southern Cross will float again the same, UNITED Britons, ye are OMNIPOTENT.

Chorus.

Thus I had spanned the strings of my harp, but the strain broke them asunder in the gaol.

Chapter Lx.x.xIII.