CHAPTER I THE GAOL FEVER

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The gaol fever the visible exponent of foul state of gaols—Neither sufficient light, air or space—Meagre rations—Its ravages—Extends from prisons to court-houses—To villages—Into the army and the fleet—The Black Assize—The sickness of the House at the King's Bench prison—The gaol fever in the 17th century—Its outbreaks in the 18th—The Taunton Assize—Originated in Newgate in 1750—Extends to Old Bailey with deadly results—The Corporation alarmed—Seek to provide a remedy—Enquiry into the sanitary condition of Newgate—Statistics of deaths—No regular doctor at Newgate—Mr. Akerman's brave and judicious conduct at a fire in prison—The sexes intermixed—Debauchery—Gaming—Drunkenness—Moral contamination—Criminals willingly took military service to escape confinement in Newgate.

The gaol fever or distemper, which originated in Newgate in 1750, was the natural product of unsanitary conditions. This fell epidemic exercised strange terrors by the mystery which once surrounded it; but this has now been dispelled by the search-light of modern medical science. All authorities are agreed that it was nothing but that typhus fever, which inevitably goes hand in hand with the herding and packing together of human beings, whether in prisons, workhouses, hospitals, or densely-populated quarters of a town. The disease is likely to crop up "wherever men and women live together in places small in proportion to their numbers, with neglect of cleanliness and ventilation, surrounded by offensive effluvia, without proper exercise, and scantily supplied with food." It is easy to understand that the poison would be generated in gaol establishments such as Newgate; still more, that prisoners would be saturated with it so as to infect even healthy persons whom they approached. This is precisely what happened, and it is through the ravages committed by the disorder beyond the prison walls that we learn the most. The decimation it caused within the gaol might have passed unnoticed, but the many authentic cases of the terrible mortality it occasioned elsewhere forced it upon the attention of the chronicler. It made the administration of the law a service of real danger, while its fatal effects can be traced far beyond the limits of the court-house. Prisoners carried home the contagion to the bosoms of their families, whence the disease spread into town or village. They took it on board ship, and imported it into our fleets. "The first English fleet sent to America lost by it above 2,000 men; ... the seeds of infection were carried from the guardships into the squadrons; and the mortality thence occasioned was greater than by all other diseases or means of death put together." It was the same with the army: regiments and garrisons were infected by comrades who brought the fever from the gaol; sometimes the escorts returning with deserters temporarily lodged in prison also sickened and died.

The earliest mention of a gaol distemper is that quoted by Howard from Stowe, under date 1414, when "the gaolers of Newgate and Ludgate died, and prisoners in Newgate to the number of sixty-four." In "Wood's History of Oxford" there is a record of a contagious fever which broke out at the assize of Cambridge in 1521. The justices, gentlemen, bailiffs, and others "resorting thither took such an infection that many of them died, and almost all that were present fell desperately sick, and narrowly escaped with their lives." After this comes the Black Assize at Oxford in 1577, when, Holinshed says, "there arose amidst the people such a dampe that almost all were smouldered, very few escaping ... the jurors presently dying, and shortly after Sir Robert Bell, Lord Chief Baron." To this account we may add that of "Baker's Chronicle," which states that all present died within forty hours, the Lord Chief Baron, the sheriff, and three hundred more. The contagion spread into the city of Oxford, and thence into the neighbourhood, where there were many more deaths. Stowe has another reference to the fever about this date, and tells us that in the King's Bench Prison, in the six years preceding the year 1579, a hundred died of a certain contagion called "the sickness of the house." Another outbreak occurred at Exeter, 1586, on the occasion of holding the city assizes, when "a sudden and strange sickness," which had appeared first among the prisoners in the gaol, was dispersed at their trial through the audience in court, "whereof more died than escaped," and of those that succumbed, some were constables, some reeves, some tithing men or jurors. No wonder that Lord Bacon, in writing on the subject, should characterize "the smell of the jail the most pernicious infection, next to the plague. When prisoners have been long and close and nastily kept, whereof we have had in our time experience twice or thrice, both judges that sat upon the trial, and numbers of those that attended the business or were present, sickened upon it and died."

The gaol distemper is but sparingly mentioned throughout the seventeenth century, but as the conditions were precisely the same, it is pretty certain that the disease existed then, as before and after. But in the first half of the eighteenth century we have detailed accounts of three serious and fatal outbreaks. The first was at the Lent Assizes held in Taunton in 1730, "when," Howard says, "some prisoners who were brought thither from the Ilchester gaol infected the court; and Lord Chief Baron Pengelly, Sir James Shepherd, sergeant, John Pigott, Esq., sheriff, and some hundreds besides, died of the gaol distemper." The second case occurred also in the west country, at Launceston, where "a fever which took its rise in the prisons was disseminated far and near by the county assizes, occasioned the death of numbers, and foiled frequently the best advice." It is described as a contagious, putrid, and very pestilential fever, attended with tremblings, twitchings, restlessness, delirium, with, in some instances, early frenzy and lethargy; while the victims broke out often into livid pustules and purple spots. The third case of gaol fever was in London in 1750, and it undoubtedly had its origin in Newgate. At the May Sessions at the Old Bailey there was a more than usually heavy calendar, and the court was excessively crowded. The prisoners awaiting trial numbered a hundred, and these were mostly lodged in two rooms fourteen feet by seven, and only seven feet in height; but some, and no doubt all in turn, were put into the bail dock; many had long lain close confined in the pestiferous wards of Newgate. The court itself was of limited dimensions, being barely thirty feet square, and in direct communication with the bail dock and rooms beyond, whence an open window, at the farther end of the room, carried a draught poisoned with infection towards the judges' bench. Of these four, viz., Sir Samuel Pennant, the Lord Mayor, Sir Thomas Abney and Baron Clark, the judges, and Sir Daniel Lambert, alderman, were seized with the distemper, and speedily died; others, to the number of forty, were also attacked and succumbed. Among them were some of the under-sheriffs, several members of the bar and of the jury; while in others of lesser note the disease showed itself more tardily, but they also eventually succumbed. Indeed, with the exception of two or three, none of those attacked escaped. The symptoms were the same as these already described, including the delirium and the spots on the skin.

The Corporation of London, moved thereto by a letter from the Lord Chief Justice, and not unnaturally alarmed themselves at the ravages of a pestilence which spared neither Lord Mayor nor aldermen, set about inquiring into its origin. A committee was appointed for this purpose in October, 1750, five months after the last outbreak, and their instructions were to ascertain "the best means for procuring in Newgate such a purity of air as might prevent the rise of those infectious distempers."... The committee consulted the Rev. Dr. Hales and Dr. Pringle, F. R. S., and the latter subsequently published a paper in the "Transactions of the Philosophical Society," containing much curious information concerning the disease. The remedy suggested by Dr. Hales, and eventually approved of by the committee, was to further try the ventilator which some time previously had been placed upon the top of Newgate. Nothing less than the reconstruction on an extended plan of the prison, which was acknowledged to be too small for its average population, would have really sufficed, but this, although mooted, had not yet taken practical shape. The existing ventilator was in the nature of a main trunk or shaft, into which other air-pipes led from various parts of the prison. But these were neither numerous nor effective, while there was no process of extraction or of obtaining an updraught. To effect this a machine was erected upon the leads of Newgate with large arms like those of a windmill. Nevertheless, throughout the execution of the work and afterwards the air of Newgate continued pestiferous and fatal to all who breathed it.

The gaol fever or its germs must indeed have been constantly present in Newgate. The more crowded the prison the more sickly it was. The worst seasons were the middle of winter or the middle of summer, or when the weather was damp and wet. The place was seldom without some illness or other; but in one year, according to Mr. Akerman, about sixteen died in one month from the gaol distemper. Mr. Akerman declared that the fever was all over the gaol, and that in ten years he had buried eight or ten of his servants. He also gave a return to the Commons' committee, which showed that eighty-three prisoners had died between 1758 and 1765, besides several wives who had come to visit their husbands, and a number of children born in the gaol. This statement was supported by the evidence of the coroner for Middlesex, Mr. Beach, who went even further, and made out that one hundred and thirty-two had died between 1755 and 1765, or forty-nine more in the two additional years. In 1763 the deaths had been twenty-eight, all of them of contagion, according to Mr. Beach, who was also of opinion that a large percentage of all the deaths which had occurred were due to the gaol fever.

Twenty years later, when Howard was visiting prisons, he heard it constantly affirmed by county gaolers that the gaol distemper was brought into their prisons by those removed under Habeas Corpus from Newgate. In May, 1763, I find an inquisition was held in the new gaol, Southwark, upon the body of Henry Vincent, one of five prisoners removed there from Newgate. It then appeared that the Southwark prisoners had been healthy till those from Newgate arrived, all five being infected. About this date too, according to the coroner for Middlesex, there were several deaths in the new gaol, of prisoners brought from Newgate who had caught the fever in that prison. This same coroner had taken eleven "inquisitions" at Newgate in a couple of days, all of whom he thought had died of the gaol distemper. He was also made ill himself by going to Newgate. Again in 1772 there was a new alarm of epidemic. In the sessions of the preceding year there had been an outbreak of malignant distemper, of which several had died. An attempt was made to remodel the ventilator, and other precautions were taken. Among the latter was a plan to convey the fumes of vinegar through pipes into the Sessions' House while the courts were sitting. At this date there was no regular medical officer in attendance on the Newgate prisoners, although an apothecary was paid something for visiting occasionally. Howard expresses his opinion strongly on the want. "To this capital prison," he says, "the magistrates would, in my humble opinion, do well to appoint a physician, a surgeon, and an apothecary." The new prison and the last, built by Dance, was just then in process of erection, and was intended to embody all requirements in prison construction. But Howard was dissatisfied with it. Although it would avoid many inconveniences of the old gaol, yet it had some manifest errors. "It is too late," he goes on, "to point out particulars. All I say is, that without more than ordinary care, the prisoners in it will be in great danger of gaol fever."

William Smith, M. D., who, from a charitable desire to afford medical assistance to the sick, inspected and reported in 1776 upon the sanitary conditions of all the London prisons, had not a better opinion of the new Newgate than had Howard. The gaol had now a regular medical attendant, but "it was filled with nasty ragged inhabitants, swarming with vermin, though Mr. Akerman the keeper is extremely humane in keeping the place as wholesome as possible. The new prison is built upon the old principle of a great number being crowded together into one ward, with a yard for them to assemble in in the day, and a tap where they may get drink when they please and have the money to pay." Dr. Smith states that he had no fault to find with the wards, which were large, airy, high, and as clean as could well be expected where such a motley crew are lodged. But he condemns the prison, on which so much had been already spent, and which still required an immense sum to finish it. Its site was, he thought, altogether faulty. "The situation of a gaol should be high and dry in an open field, and at a distance from the town, the building spacious, to obviate the bad effects of a putrid accumulation of infectious air, and extended in breadth rather than height. The wards should have many divisions to keep the prisoners from associating." Dr. Smith found that the numbers who sickened and died of breathing the impure and corrupted air were much greater than was imagined. Hence, he says, the absolute necessity for a sufficiency of fresh air, "the earth was made for us all, why should so small a portion of it be denied to those unhappy creatures, while so many large parts lay waste and uncultivated?"

Another person, well entitled to speak from his own knowledge and practical experience, declared that the new gaol contrasted very favourably with the old. This was Mr. Akerman the keeper, who was the friend of Johnson and Boswell, and whom Dr. Smith and others call extremely humane. But Mr. Akerman, in giving evidence before a committee of the House of Commons in 1779, while urging that few were unhealthy in the new prison, admitted that he had often observed a dejection of spirits among the prisoners in Newgate which had the effect of disease, and that many had died broken-hearted. Mr. Akerman clearly did his best to alleviate the sufferings of those in his charge. For the poor convicted prisoner, unable to add by private means or the gifts of friends to the meagre allowance of the penny loaf per diem, which was often fraudulently under weight, the kind keeper provided soup out of his own pocket, made of the coarse meat commonly called clods and stickings.

Mr. Akerman had many good friends. He was an intimate acquaintance of Mr. James Boswell, their friendship no doubt having originated in some civility shown to Dr. Johnson's biographer at one of the executions which it was Boswell's craze to attend. Boswell cannot speak too highly of Mr. Akerman. After describing the Lord George Gordon Riots, he says, "I should think myself very much to blame did I here neglect to do justice to my esteemed friend Mr. Akerman, keeper of Newgate, who long discharged a very important trust with an uniform intrepid firmness, and at the same time a tenderness and a liberal charity, which entitles him to be recorded with distinguished honour." He goes on to describe in detail an incident which certainly proves Mr. Akerman's presence of mind and capacity as a gaol governor. The story has been often quoted, but it is so closely connected with the chronicles of Newgate that its recital cannot be deemed inappropriate here. "Many years ago a fire broke out in the brick part, which was built as an addition to the old gaol of Newgate. The prisoners were in consternation and tumult, calling out, 'We shall be burnt! we shall be burnt! down with the gate! down with the gate!' Mr. Akerman hastened to them, showed himself at the gate, and after some confused vociferations of 'Hear him! hear him!' having obtained silent attention, he calmly told them that the gate must not go down; that they were under his care, and that they should not be permitted to escape; but that he could assure them they need not be afraid of being burnt, for that the fire was not in the prison properly so called, which was strongly built with stone; and that if they would engage to be quiet he himself would come to them and conduct them to the further end of the building, and would not go out till they gave him leave. To this proposal they agreed; upon which Mr. Akerman, having first made them fall back from the gate, went in, and with a determined resolution ordered the outer turnkey upon no account to open the gate, even though the prisoners (though he trusted they would not) should break their word and by force bring himself to order it. 'Never mind me,' he said, 'should that happen.' The prisoners peaceably followed him while he conducted them through passages of which he had the keys to the extremity of the gaol which was most distant from the fire. Having by this very judicious conduct fully satisfied them that there was no immediate risk, if any at all, he then addressed them thus: 'Gentlemen, you are now convinced that I told you true. I have no doubt that the engines will soon extinguish the fire; if they should not, a sufficient guard will come, and you shall be all taken out and lodged in the compters. I assure you, upon my word and honour, that I have not a farthing insured. I have left my house that I might take care of you. I will keep my promise and stay with you if you insist upon it; but if you will allow me to go out and look after my family and property I shall be obliged to you.' Struck with his behaviour, they called out, 'Master Akerman, you have done bravely; it was very kind in you; by all means go and take care of your own concerns.' He did so accordingly, while they remained and were all preserved." Akerman received still higher praise for this, which was generally admitted to be courageous conduct. Dr. Johnson, according to Boswell, had been heard to relate the substance of the foregoing story "with high praise, in which he was joined by Mr. Edmund Burke." Johnson also touched upon Akerman's kindness to his prisoners, and "pronounced this eulogy upon his character. He who has long had constantly in his view the worst of mankind, and is yet eminent for the humanity of his disposition, must have had it originally in a great degree, and continued to cultivate it very carefully."

Compter, Giltspur Street, London

Another tribute to Akerman's worth comes from a less distinguished but probably not less genuine source. In the letters of the wretched Hackman (who killed Miss Reay) he speaks in terms of warm eulogy of this humane gaoler. "Let me pay a small tribute of praise," he says. "How often have you and I complained of familiarity's blunting the edge of every sense on which she lays her hand?... what then is the praise of that gaoler who, in the midst of misery, crimes, and death, sets familiarity at defiance and still preserves the feelings of a man? The author of the 'Life of Savage' gives celebrity to the Bristol gaoler, by whose humanity the latter part of that strange man's life was rendered more comfortable. Shall no one give celebrity to the present keeper of Newgate? Mr. Akerman marks every day of his existence by more than one such deed as this. Know, ye rich and powerful, ye who might save hundreds of your fellow creatures from starving by the sweepings of your tables, know that among the various feelings of almost every wretch who quits Newgate for Tyburn, a concern neither last nor least is that which he feels upon leaving the gaol of which this man is the keeper."

Life in Newgate, with its debauchery and foul discomfort, the nastiness and squalor of its surroundings, the ever-present infectious sickness, and the utter absence of all cleanliness, or efforts at sanitation, must have been terrible. Evil practices went on without let or hindrance inside its walls. There is clear evidence to show that the sexes were intermixed during the daytime. The occupants of the various wards had free intercourse with each other: they had a reciprocal conversation, exchanged visits, and assisted each other with such accommodation as the extension of their wretched circumstances permitted. Dinner was at two in the afternoon, and when prisoners possessed any variety or novelty in food, they were ready to trade or barter with it among themselves. After dinner the rest of the day and night was spent at "cards, draughts, fox and geese," or, as gambling was not interdicted, at games of chance, which led to numerous frauds and quarrels. Rapid moral deterioration was inevitable in this criminal sty. The prison was still and long continued a school of depravity, to which came tyros, some already viciously inclined, some still innocent, to be quickly taught all manner of iniquity, and to graduate and take honours in crime. It is on record that daring robberies were concocted in Newgate between felons incarcerated and others at large, who came and went as they pleased. The gaol was the receptacle for smuggled or stolen goods; false money was coined in the dark recesses of its gloomy wards and passed out into circulation. Such work was the natural employment of otherwise unoccupied brains and idle hands. Thefts inside the gaol were of common occurrence. The prisoners picked the pockets of visitors whenever they had the chance, or robbed one another. There is a brief account of Newgate about this period in the "Memoirs of Casanova," who saw the interior of the prison while awaiting bail for an assault. Casanova was committed in ball dress, and was received with hisses, which increased to furious abuse when they found he did not answer their questions, being ignorant of English. He felt as if he was in one of the most horrible circles of Dante's hell. He saw, "Des figures fauves, des regards de vipÈres, des sinistres sourires tous les caractÈres de l'envie de la rage, du desespoir; c'Était un spectacle epouvantable."

It was not strange that the inmates of Newgate should hold this miserable life of theirs pretty cheap, and be ready to risk it in any way to compass enlargement from gaol. Newgate was always constantly drawn upon by those who wanted men for any desperate enterprise. In the early days of inoculation, soon after it had been introduced from the East by Lady Mary Wortly Montague, and when it was still styled engrafting, the process was first tried upon seven condemned prisoners, with a certain success. Again, a reprieve was granted to another convict under sentence of death, on condition that he permit an experiment to be performed on his ear. The process, which was the invention of a Mr. Charles Elden, was intended to cure deafness by cutting the tympanum. Sometimes a convicted criminal was allowed to choose between a year's imprisonment in Newgate or taking service under the Crown. There are also many entries in the State Papers of prisoners pardoned to join His Majesty's forces. Not that these very questionable recruits were willingly accepted. I find on 13th May, 1767, in reply to a letter forwarding a list of convicts so pardoned, a protest from the Secretary of War, who says that commanding officers are very much averse to accepting the services of these gaol-birds, and have often solicited him not to send them out to their regiments. The practice was the more objectionable as at that time the term of service for free volunteers was for life, while the ex-convicts only joined the colours for a limited period. The point was not pressed therefore in its entirety, but the concession made, that these convicts should be enlarged for special service on the west coast of Africa. It was argued that "considering the unhealthiness of the climate, His Majesty is desirous that the troops stationed there should be recruited rather with such men as must look upon that duty as a mitigation of their sentences than with deserving volunteers." But to this again objections were raised by the agent to the troops at Senegal, who pointed out the extreme danger to life and property of sending nineteen sturdy cut-throats armed and accoutred to reside within the walls of a feeble place, having a total garrison of sixty men, adding that, "should this embarkation of thieves take place he would be glad to insure his property at seventy-five per cent."


                                                                                                                                                                                                                                                                                                           

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