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Perth Gaol and Colonial Penality 1875 to 1888’

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Perth Gaol and Colonial Penality 1875 to 1888’ ‘Perth Gaol and Colonial Penality 1875 to 1888’ Taruia Tangaroa Nicholls BEcon BCom BA(Murd) MCrimJus(Dist)(W.Aust) This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia. Faculty of Arts, Business, Law and Education School of Humanities and School of Law 2020 Declaration I, Taruia Tangaroa Nicholls, certify that: This thesis has been substantially accomplished during enrolment in this degree. This thesis does not contain material which has been submitted for the award of any other degree or diploma in my name, in any university or other tertiary institution. In the future, no part of this thesis will be used in a submission in my name, for any other degree or diploma in any university or other tertiary institution without the prior approval of The University of Western Australia and where applicable, any partner institution responsible for the joint-award of this degree. This thesis does not contain any material previously published or written by another person, except where due reference has been made in the text and, where relevant, in the Authorship Declaration that follows. This thesis does not violate or infringe any copyright, trademark, patent, or other rights whatsoever of any person. This thesis does not contain work that I have published, nor work under review for publication. 22 July 2020 i Abstract The dual aims of ‘Perth Gaol and Colonial Penality 1875 to 1888’ are to understand the role of Perth Gaol and its place within the wider Western Australian colonial carceral system, and to learn more about the Gaol itself, including its routine, the prisoners, and staff. As such, this thesis has compared Perth Gaol and Fremantle Prison in Western Australia, with the English local gaols and convict prisons. Prisoners in local gaols had been sentenced to a short period of imprisonment for public order offences, whereas convict prisons held those who had been sentenced to penal servitude. During the 1820s and 1830s, English and American prison administrators began to adopt what was called the ‘separate system’, which advocated keeping prisoners in solitary confinement. Fremantle Prison, as the colony’s convict prison, kept prisoners isolated for three months before they joined other prisoners either on work parties, or working around the prison. In keeping prisoners separated, it was hoped they would not be morally corrupted by others, and that the solitude would provide an opportunity for repentance. In contrast, Perth Gaol held prisoners in association rather than being separated. In this way, Perth Gaol assumed the role of the local gaol, and held prisoners who had been remanded for trial, imprisoned for less serious crimes including public order offences, or who were to be executed. Prisoners being kept in association was a tacit acknowledgement that local gaols, including Perth Gaol, were not intended to be reformative, but rather, to act as a deterrent. Punishment was not just incarceration; every prisoner was also required to join a public works party to build roads, quarry stone or to work about the gaol. Crucially, convicts, who were either still under their original sentence or on a ticket of leave, remained the financial responsibility of the British Government, whereas those who had been granted their conditional pardon or certificate of freedom became the responsibility of the Colonial Administration. Former convicts who re-offended were a financial impost on the Colonial finances. This thesis has also examined Perth Gaol within a wider social history of colonial Western Australia. It has used reports from the Colonial administration, and prisoner authored stories, to follow prisoners, warders, contractors, clergy and their families as they negotiated the intersection of the free and incarcerated worlds through a strict daily routine, forced manual labour and the hope of an early release by petitioning for a remission in their sentence. This research will show that the typical prisoner was a former convict who had served a short sentence for being drunk and that, despite the Government’s best efforts, Perth Gaol had failed to deter criminal offending. ii Acknowledgements This research would not have been possible without the love and support of va’ine Victoria, metua Taiura, metua va’ine Bethwyn and the matriarch, tupuna va’ine Gwyneth. To my supervisors Dr Ethan Blue and Professors Harry Blagg, Jane Lydon and Neil Morgan, Graduate Research Coordinators Professors Camilla Baasch Andersen, Holly Cullen, Kieran Dolin, Alex Gardner and Dr Lara-Louise O’Sullivan. This research was supported by an Australian Government Research Training Program (RTP) Scholarship. To my friends Associate Professor Anna Ferrante from Curtin University and Professor Mark Israel from Murdoch University whose provision of scholarship references / food / drink / books (cross out whichever is not applicable) is greatly appreciated. Also to Mr Brian Purdue who spoke with me about his book ‘Legal Executions’ and the staff of the State Records Office who dutifully retrieved my five items, twice a day. To Dr Patrick Halloran from the Murdoch University College of Science, Health, Engineering and Education whose forbearance in the face of forever shifting deadlines is much appreciated. My thanks also to UWA Publishing for permission to reproduce convict data found in R. Erickson, (Ed), Dictionary of Western Australians 1829-1914, vol. 2, Perth, Western Australia, University of Western Australia Press, 1979. And to my friends Dr Lee Ah Loi, Janet Griffiths, Toby Whitnall, Kaaren Malcolm and Mike Rogers whose steadfastness and patience was surely tested over the past half decade, but who provided much needed respite from the daily regimen of prisons and databases. iii Table of Contents Contents Declaration ...................................................................................................................................................... Abstract .......................................................................................................................................................... ii Acknowledgements ....................................................................................................................................... iii Glossary ........................................................................................................................................................ vii Introduction ................................................................................................................................................... 1 Research Background ................................................................................................................................ 1 Research Objectives .................................................................................................................................. 2 Research Focus .......................................................................................................................................... 3 Value of this Research ............................................................................................................................... 8 Chapter One – Perth Gaol and Colonial Penology ...................................................................................... 10 Introduction – Perth Gaol and the Colonial Carceral System .................................................................. 10 The Rise of Imprisonment ....................................................................................................................... 12 The Western Australian Colonial Criminal Justice System .................................................................... 18 The Perth Gaol Building .......................................................................................................................... 20 The Colonial Carceral System during the Operation of Perth Gaol 1875 to 1888 .................................. 27 Separate (Fremantle Prison) and Silent (Perth Gaol) .............................................................................. 32 Houses of Correction and Local Gaols .................................................................................................... 41 Conclusion ............................................................................................................................................... 48 Chapter Two - Colonial Crime and Imprisonment ...................................................................................... 51 Introduction ............................................................................................................................................. 51 Colonial Crime Before Perth Gaol .......................................................................................................... 52 The Prisoners of Perth Gaol ..................................................................................................................... 56 Perth Gaol Prisoner Classification ........................................................................................................... 58 Prisoner Status and the Morning State .................................................................................................... 61 Prisoners Held for Trial ........................................................................................................................... 64 Bodily Punishment .................................................................................................................................
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