The Bruchsal in Baden—The Moabit in Berlin, the prison Stein—Penal methods in force—Adoption of solitary confinement not universally accepted—Bruchsal opened in 1848—Penal methods employed—The annex where prisoners are kept in association—The Protestant brotherhood and their work in the Moabit prison—Munich—The work of Obermaier—Bavarian penal code—Capital Punishment—Long Trials—Case of Riembauer—Hans Leuss’ account of Celle and his imprisonment there—Flogging—The “bed of lathes”—Zwickau in Saxony—Humane treatment in force—Heilbronn—Prison reform in Austrian and Hungarian prisons—Three new prisons erected in Austria-Hungary. The cellular prison at Bruchsal in the grand-duchy of Baden was commenced in 1841 and opened on October 10, 1848. It stands at the northeast of the town of Bruchsal, on the highway to Heidelberg, in a pleasant part of the country, enjoying a mild and healthy situation. Hills rise in the background, while in front stretches the plain of the Rhine, with its rich fields and wealthy villages. Immediately adjoining the prison are two larger The discipline imposed at Bruchsal is very severe in character and it has been found that the rule of isolation cannot be persisted in for much more than four years. Only nine per cent. of the prisoners could support so long a term; and the director has reported that after three years of cellular confinement the muscular fibres become so weakened that it is almost impossible to expect hard work from those subjected to it. Bruchsal has an annex or auxiliary establishment where association is the rule for certain prisoners: First, those who have undergone six years of cellular confinement, unless they elect to remain in the cell; second, those who are above seventy years of age; third, those whose bodily or mental health unfits them for separation. Industrial and other education go hand in hand at Bruchsal; the earnings of the inmates at many various trades are substantial and the prisoners value the teaching of the schoolmaster. The trades In Prussia, long before the establishment of Bruchsal, the method of solitary confinement found many advocates, and, beginning in 1846, several large, separate cell prisons were built. The first, the Moabit, which was organised by Dr. Wichern, the famous creator of the Hamburg Raue Haus, is a cellular prison on the “wheel” or radiating plan, with four wings and 508 cells in all. An interesting feature of the Moabit is its management by a Protestant brotherhood, that of the Raue Haus, or Hamburg reformatory, whose members are regularly trained for this useful work on lines laid down by Dr. Wichern. All the brothers do not devote themselves to prison management, however, but are sent as required to various fields of labour. At Moabit it soon became evident that the separate system was not suitable, and that secret intercourse among the convicts was not preventable. The doors of the cells were therefore left open during working hours, and a number of convicts worked in company. In church, during exercise, and in school no isolation took place, but silence was always enforced. On the whole, the Prussian authorities were not in favour of prolonged isolation. Bavaria made the most marked progress, which was worthy of the country that produced the famous Herr Obermaier, and the great state prison of Munich is still worked upon the lines he introduced in 1843, although cellular confinement, which he did not favour, has been to some extent installed. The prisoners became humanised and in return for the confidence placed in them, grew well-behaved. They managed themselves, and public opinion among them checked flagrant misconduct, all yielding ready obedience to those of their fellows who were appointed overseers. If a prisoner was Bavaria has four cellular prisons in all; one at NÜrnberg and three others intended to serve the district courts of justice and filled mostly with prisoners not yet tried. Other prisons are conducted on the collective system. Many of them are ancient convents and castles, little suited for the purpose to which they have been converted. Crime is very prevalent, owing to a generally low standard of morality, the neglect of education and the rough manners and customs of the population. The peasants in many parts of the country are in the habit of carrying long stiletto-like knives at public houses and dancing places, and murderous conflicts, after nasty quarrels, when grave injuries are inflicted, are very common. The penal code of Bavaria, compiled chiefly by Anselm von Feuerbach, a distinguished criminal jurist, was adopted by the government in 1813, and became the basis of criminal legislation for all the German states. In Bavaria the peculiar merits and defects of this code were strongly accentuated. The laws are severe and the punishment merciless, but blood is never shed until the most minute pains have been taken to secure proof of guilt. Circumstantial evidence is never held sufficient to justify the extreme penalty, and sentence of death cannot be passed unless the culprit has confessed his crime.1 Two witnesses are deemed sufficient when they testify to facts seen with their own eyes, and the statement of one witness is accepted only as half proof. By far the most important evidence is that given by the prisoner himself. He is questioned by the examining judge in the presence of the notary only, who is employed to take down his replies. The judge seeks to elicit a full statement by suggesting that ample confession may soften punishment. An attempt is made to entrap the prisoner into untruthfulness by asking him if he knows the real reason of his arrest, and if he affects ignorance or gives a false answer he is gravely admonished and warned that lying will prejudice his case. All the questions put to him are aimed to mislead him and obtain unwary 1 This practice of requiring confession in capital cases doubtless had its origin in the influence of the Church and the doctrine of the confession as necessary to absolution. All this time he is kept in the dark as to the exact nature of the accusation laid to his charge, and it is illegal for him to seek enlightenment. He is not furnished with a copy of his own evidence or of that of the witnesses for or against him. Pitfalls are laid for him by his unexpected confrontation with an accomplice. If he obstinately refuses to speak, he is sentenced to bread and water. If it is a murder charge, he is brought face to face with the bleeding corpse, or it may be that the decaying remains are exhibited to him. The most curious feature in the proceedings is their prolixity. Criminal trials in Bavaria have lasted for years. The reports in one leading case, that of the priest-murderer Riembauer, filled forty-two folio volumes. The most minute and searching investigation was made of the secret motives and inmost feelings of the accused, as well as his open actions. Feuerbach has written an account of remarkable crimes and lengthy trials in Germany, and among others tells the story of Francis Riembauer. He was a parish priest whose first worldly venture was the purchase of a farm near the village of Lauterbach between Ratisbon and Landshut, where he lived with the former owners, a widow, Mrs. Frauenknecht, and Soon after the change, the mother and the elder daughter Magdalena died. Riembauer then endeavoured to persuade Catherine, the remaining daughter, to continue to live with him as his housekeeper in her sister’s place. She refused, however, and left him to take a position as a domestic in another family. It was noted that for some time afterward she was subject to periods of great gloom and depression. Finally she confided to a friend, and then confessed to a priest, that she was the possessor of a dreadful secret: that Riembauer had murdered a woman; that she and her mother and sister had witnessed the deed; and that he had also appropriated the entire fortune of her family. The priest to whom she confessed counselled silence, but wrote Riembauer in an attempt to bring about the restoration of the fortune, with no result. Catherine was bright and clever and she was not satisfied to let the matter rest there, but laid the whole story before the tribunal of Landshut. She was then seventeen years old, but as the Bavarian When Riembauer came out, he told them that this woman had borne him a child and had asked him for money, threatening to denounce him to his ecclesiastical superiors if he refused, and that he had killed her. Catherine’s mother and sister threatened to reveal his secret but were prevailed upon to keep silence out of respect for his office, and soon after both died very suddenly and under suspicious circumstances. Riembauer was arrested as a result of Catherine’s accusation, and gave his own version of the murder, acknowledging that he knew the woman whom he said he had promised a position as cook, but stating that Mrs. Frauenknecht and her daughter Magdalena had committed the crime. He knew nothing, of course, at that time of the deposition against him. During a period of three years, examination followed On the 1st of August, 1818, he was declared guilty of murder and sentenced to indefinite imprisonment in a fortress. The regular punishment for murder was death, but in this case the learned jurist Feuerbach admitted that had the court not accepted Riembauer’s confession, he could not have been convicted, because the evidence, though strong, was purely circumstantial. It was proved that the woman had visited him; that an umbrella marked with her initials was in his possession; that she had been buried under a shed on his farm, and that the floor of his room was stained with blood and The use of physical torture was abandoned in 1806, and then only with a strong protest from judges of the old school, who parted with great reluctance with so simple and expeditious a method of obtaining evidence. Curiously enough, the accused persons in the Bavarian courts were generally moved to confess. Many reasons for this are given. Some few confessed from remorse, others could not beat off the pertinacious interrogatories of the judge, not a few were anxious to end the long period of acute anxiety and suspense, and many were exasperated beyond measure by the strict discipline and compulsory silence enforced in Bavarian prisons. Rather than be condemned to perpetual silence, the accused would speak out even to his own undoing. Capital punishment was legal in Bavaria and was inflicted by decapitation with a sword, or breaking on the wheel from the feet upwards. But where conviction rested on circumstantial evidence only, or assumed guilt was not borne out by actual confession, imprisonment for life in chains was substituted, and it was a terrible penalty. The sentence annihilated civil existence; it was moral if not physical death. The culprit lost all rights as a husband, father or citizen; he was deprived of property, In the progressive national development of Prussia, as wars were waged and fresh territory acquired, prison reform obtained attention. In Hesse-Cassel, prisons were in a very backward state and many were condemned as unfit for habitation. In Hanover alone conditions were more satisfactory. The journalist Hans Leuss served a term of three years’ imprisonment in 1894 in one of the chief prisons, that of Celle-on-the-Aller, which he graphically describes in his autobiography. “It lies on the river bank. The front looks toward the avenue which in Celle forms the approach to the station. The external aspect of the terrible house is not unpleasing; neither does the appearance of the inside give the most distant conception of the conditions under which the prisoners live, nor of their situation, so that visitors are rather favourably impressed than otherwise. On arrival we were led into the vestibule of the building and drawn up in line, while an official cross-examined us. Until noon, one formality after another had to be gone through. We were first taken to the bathroom where, after being plunged into hot water, we had to sit on the edge of the bath “These disagreeable preliminaries over, a cell was allotted to me. I was put under a warder who was the most hated by the prisoners, the most trusted by the authorities. He had a diminutive body, a large and powerful hand, a bitter and suspicious countenance. He made my life a burden and yet I pitied him. The deep lines of care on his face convinced me he was wretched and made me sorry for him in my heart. We were twenty-four prisoners in the middle ‘cell passage’ as the ‘station’ was officially called. All conversation was prohibited to us. I was set to cane chairs. The prison diet was poor and the lack of fat contained in it reduced me to a state of complete emaciation. I learned nothing of my surroundings. The first person who spoke a kind word to me was a humane warder who encouraged me, although this was not necessary as my courage always triumphed “One day the door opened and a man entered whose appearance filled me with surprise. He was a giant of spare build with a long dark beard, delicately modelled, sympathetic hands and the countenance of a real saint. He resembled neither a clergyman nor a fanatic, but was evidently of a nature as gentle as his mind was vigorous. A man whose outward semblance was unforgettable, how much more his soul, which stands as clear in my recollection as does his tall stature. This was the prison chaplain. The advantage of becoming acquainted with this representative of the noblest form of humanity would alone suffice to compensate me for the terrible sufferings I endured in the course of those few years. Parson Haase has lived nearly a century as the confidant of the sufferers in prison. His powerful but healthy mind was ever impressed with the infinite misery around him. He became a friend of the prisoners, gave them his confidence and received theirs. I owe this man more than I can say. After him, and thanks to him, the most humanising influence in the gaol was the library, which became a priceless boon. This chaplain was a liberal-minded man who did not limit his choice to books of devotion when making the yearly additions, but he provided the prisoners with works to “Religious exercises were strictly observed at Celle. The chapel was constructed on the well-known plan of providing separate boxes like lairs for each individual. All turned towards the altar which was adorned with a copy of Guido’s crucifixion. The services were given well and on a regular date there was a church ‘visitation day’ when a high dignitary preached a stirring discourse, with no other effect than that of starting a controversy among his prison congregation as to whether his cross was of gold or silver. Other subjects formed the staple conversation. One was always deeply interesting, the news that corporal punishment had been ordered and that a prisoner was to be strapped to the block.” Hans Leuss animadverts strongly upon the discipline at Celle and quotes several cases from official Another prisoner in Celle was adjudged to be feigning insanity and subjected to very harsh treatment; to douches and the jacket by the order of the medical officer. He was suffering really from religious mania, which took the form of exaggerated reverence for holy things; he raved of them all night, abused Dr. Martin Luther and perpetually A third case of medical shortsightedness is reported from Celle, where an habitual criminal, with a long record of crimes and punishments, came under a new sentence for robbery. He was ill and would eat nothing, and the doctor prescribed a blister. He did not mind, declared he could not work and went for days without food. The doctor thought it was catarrh of the stomach and decided that the man was quite fit for light labour, but the governor only admonished him as he seemed really weak from want of nourishment. Still the medical reports were against him, and he was charged again with malingering, which took him for five days to the dark cell. He did not improve, however, although it was presently admitted that he was out of health and he was taken at last into hospital, the doctor having diagnosed the disease as hemorrhage of the kidneys. He rapidly grew worse, ice and port wine were ordered, but not very regularly given to him. Within six weeks of his first arrival he suddenly died. The post mortem examination revealed an advanced cancer in the liver. The practice of flogging was long retained in Prussian prisons, and is still employed as a disciplinary The power of inflicting the lash is vested in the hands of the governors of prisons and superior authorities. The former can order up to thirty, the latter up to sixty stripes. The assent of the higher prison officials to the governor’s decree is required, but is a pure formality. It is little likely that the sanction of a majority of the subordinates would ever be refused to the governor. The administration of a prison is bureaucratic, and the governor is nearly always a military officer and thoroughly imbued with the importance of his very responsible position, which gives him power over hundreds of human beings. The subordinate officials are usually selected from the ranks of non-commissioned officers. Both the chaplain and the doctor may and Herr Krohne, a privy councillor and member of the prison board in the Prussian Home Office, has described the hideous administration of the punishment of flogging in his hand-book of prison law. Herr Krohne is an opponent of flogging and of the “bed of lathes,” another form of punishment practised in German prisons, which he rightly considers a survival of barbarism. This last named punishment of the bed of lathes, lattenarrest, consists of solitary confinement in a room, of which the floor is laid with three cornered lathes or boards with pointed side uppermost—in Saxony the walls also used to be lined with these lathes—the culprit being stripped to his linen shirt, his underwear and stockings. After a time he suffers pitifully; he can neither stand nor lie down, cannot rest night or day and his body becomes gradually covered with welts in stripes. In the five years from 1894 to 1898, in all of the prisons of Prussia taken together, there were 281 inflictions, and during the same period the bed of lathes was ordered 176 times and in some cases for female prisoners. The first curtailment was in the reign of King Frederick William III, and in 1868 it was altogether abolished for women, although not without violent protest from some prison governors who were much opposed to the reform. It was further reduced in 1879 and might only be administered in correction of the most serious offences, as a rule after a previous offence. It has of late fallen into disrepute and was rarely employed in the Moabit, the Gross Strehlitz or Cologne prisons and the bed of lathes has almost disappeared. It was generally adjudged as the punishment for attempted escape and inflicted after the recapture of a fugitive. Among the German States, Saxony has held a rather exceptional position. A system of classification of prisoners was introduced by a minister named Lindeman as far back as 1840, and ten years later the penitentiary of Zwickau was opened, in which reformation was pursued by individual treatment on humane and careful lines, with education and industrial employment. The dietaries were ample and must be said to have erred on the side of over-indulgence, in that Saxon prisoners had at one time a choice among ninety different dishes for dinner and twenty-eight for breakfast and supper. In the Kingdom of WÜrttemberg the cellular plan of prison construction was adopted in 1865 and the first building, that of Heilbronn, was occupied in 1872. Other places of durance are mostly on the collective system as at Stuttgart, Ludwigsburg and Gotteszell, but means of isolation and separation by night is practised generally. Discipline is firm but not harsh, and corporal punishment is excluded from the penalties for misconduct. Deterrence is held to be the primary object of imprisonment, but moral reformation is not overlooked. A few words may be inserted here as to penal institutions in other German states. Thus in the grand-duchy of Hesse the principle of herding the prisoners together prevails, although efforts have been made to introduce the isolated cell system. The chief prisons are the “Marienschloss” and In the history of prison management, Oldenburg earned an excellent reputation through the remarkable individuality of Hoyer, for years the director of the house of correction at Vechta. He advocated cell isolation until the latter years of his life, when he declared himself in favour of the Irish system. His plan of forming settlements for convict labour on waste lands was discontinued, as the results were unfavourable, and a modified form of solitary confinement was reinstated. A portion of the Thuringian states was under Prussian and Saxon jurisdiction with regard to their prison system. The rest formed a combination among themselves for the building of prisons to be used by them in common. The principal one was in Ichtershausen. The improvement of penal institutions was undertaken by Austria in the early forties and a special commission was appointed to examine into the merits of various systems recommended, with the result that solitary confinement was recognised as the most suitable form of punishment for all prisoners In 1868 the penal institutions of Garsten and Karthaus came under government inspection, the contracts with the religious orders ceased, and in 1870 all male prisons were put under direct state control. A new male prison for three hundred inmates was opened at Laibach in Carniola and another at Wisnicz to accommodate four hundred. In April, 1872, the system of solitary confinement A prominent feature in the modern administration of these institutions has been the employment of prisoners approaching the time of their release in a state of semi-liberty, at a distance from any permanently established prison. The first experiment was made in 1886, when a party was sent to improve the bed of a river in Upper Carinthia. They went from the Laibach prison and were followed by reinforcements in the following year. Similar public works were undertaken in 1888-9 in Upper Carniola, Carinthia, Upper Styria and Galicia, for the construction of canals and roads and the opening up of rivers. In some cases the prisoners took with them a portable shed-barrack, in others they built huts in the neighbourhood of their works. The labour performed was cheap and effective, the discipline maintained excellent, and the prisoners are said to have much benefited, morally and physically, by the trust reposed in them and by the healthfulness of their daily occupations. The building of the reformatory at Aszod A large operation was undertaken in the district of Pest-Pilis-Solt, where the torrential river Galga does considerable damage at flood time. Owing to the demands of harvest and agricultural works, free labour was not to be had in the summer, when alone the river was low enough to admit of interference, and the local authorities having two large prisons within easy access sought for a concession of prison labour. It was granted, and two sets of prisoners commenced at either end of the river valley. These were specially selected men; they encamped at the places where they were busy, being supplied with canvas tents by the military authorities; they ministered to their own needs and cooked their own food, which was brought in the raw state from the neighbouring prison. Excellent results followed their employment for three consecutive years. Not only was a work of great public utility completed, but the prisoners conducted themselves in the most exemplary manner. Although they were held under no restraint in the midst of a free population, there was not a single attempt at escape during the entire three years; there was no misconduct, and discipline Three new prisons were built in Austria-Hungary during the latter years of the nineteenth century, all of them imposing edifices. One of these is at Marburg on the Drave and holds eight hundred prisoners, partly in cells, partly in association; another is at Stanislau in Galicia for the same number, which has but few cells, as separate confinement is not suited to the agricultural classes constituting the inmates of the prison. The farm land and gardens surrounding are extensive and the work done is mainly agricultural. A third prison is at Pankraz Nusle near Prague and stands on a height behind the celebrated Wyschehrad. The prison can accommodate one thousand inmates and has replaced the old building at St. Wenzel. A portion of the building at Marburg was carried out by convicts. Till these new prisons were built, that at Pilsen was considered the best in Austria. Another at Stein on the Danube, between Linz and Vienna, holds about one thousand prisoners sentenced to a year and upwards, and is organised on a very sound and intelligent basis. The discipline at Stein, according to the reports of competent Strait-waistcoats are also used for the refractory, and a very effective but cruel gag,—an iron hoop with a brass knob like a door handle. The knob is forced into the mouth and the hoop passed over and locked behind the head. |