“Upon the general charge of irregularity, and especially upon a charge of intoxication preferred by some of the witnesses, after a minute consideration of all the circumstances detailed in the evidence, we feel bound to acquit the governor, and to express our strong disapprobation of the manner in which the charge was attempted to be proved.
“Having thoroughly sifted the complaint against the governor, and made some allowance for exaggeration on the part of witnesses, whose accusations were seldom warranted by the facts which they attempted to prove, we have no hesitation in pronouncing our opinion that he (Captain Groves) has endeavoured to perform his duties with zeal and intelligence, and has done nothing to discredit the very high testimonials which he possesses from the officers in the army under whom he formerly served. His treatment of the prisoners, except in the two cases above mentioned, appears to have been judicious and considerate. Cases were indeed brought under our notice in which the prisoners complained of excessive severity; but the responsibility for these cases rests upon the subordinate officers, as it does not appear that the governor was made acquainted with these complaints. The substitution of the punishment of reduced diet in lieu of a dark cell appears to have been made by the governor from motives of leniency and with a view to preserving the health of prisoners.
“The only faults with which he appears justly chargeable are:—
“First: A too hasty method of dealing with his officers when reported to him by others, or detected by himself in some neglect of duty; not always giving them a sufficient opportunity for explanation or defence.
“Second: The occasional use of improper or offensive expressions, of which we should express our condemnation more strongly were it not that the instances adduced by all the witnesses amounted only to three.
“Third: An insufficient attention to the rules of the prison; it appearing from his own evidence that he was entirely ignorant of the legal force of the old penitentiary rules, and that in two important instances the rules actually stuck up in the prison were not strictly attended to by him.
“The want of a complete code of rules suited to the present government of the prison has apparently given rise to many of the charges and to much of the ill-feeling which have come under our observation during this inquiry.
“No doubt there existed a very extended feeling of discontent among the officers. It is probable that this may partly have originated in the changes which took place in the organization of the present establishment, by which the duties of the prison were necessarily rendered more irksome and severe.
“The old prison possessed more of a reformatory character: the prisoners were confined there for much longer periods, were under the influence of stronger motives to good conduct, and by habits longer exercised became more accustomed to the regular routine of prison life. In the prison, as now constituted, few of the adult convicts remain for more than two, or at most, three months; and of those who remain for a longer period, the greater part are criminals of the worst description, who are awaiting embarkation for their final destination, Norfolk Island.
“The effective government of these convicts can only be carried on by a very strict and vigilant attention on the part of the officers. We must add that these important changes had to be commenced and carried out by a new governor with an old set of officers, and, in our opinion, with an inadequate addition of strength. It was but natural that the old officers, receiving little or no increase of pay, while their duties were generally augmented, should have felt some dissatisfaction, and that a portion of it should have vented itself in personal feelings towards the governor, who appears to be both a zealous and energetic officer, giving his orders in a peremptory manner as a man accustomed to military life, and expecting them to be obeyed with soldierlike precision. We regret, however, to observe that, whilst these officers omitted to make a single complaint or suggestion of grievance to their legitimate superiors, they formed a kind of combination amongst themselves for the discussion of their supposed wrongs and for collecting matter for complaint against the governor.”