The floors and ceilings of the cells and the roofs of the prison buildings are of wood, and a few years since the prisoners occupying three cells one over the other, made their escape by cutting through the floors and roof, and so getting down upon the outside. Since that occurrence the prisoners have been searched regularly twice a-day—once when they return to their cells for dinner, and again at supper time.
There were one hundred and eighty-two convicts in the Penitentiary at the time of our first visit, and two others were brought in on the day of our second visit. One cannot but be struck with the number of Mexicans, easily distinguishable by their dark complexions; long, straight, jet-black hair, and piercing black eyes. A very large proportion of the convicts are imprisoned for horse stealing, the most common form of larceny in this State; and which is very severely punished, the sentences ranging as high as fifteen years. There were no negroes in the prison. But very few free negroes are met with in the State; and for the higher classes of offences for which a white man or free negro would be sent to the Penitentiary, a slave is hung. The outer clothing of the convicts consists of a round jacket and pantaloons of the goods manufactured in the Penitentiary, cotton in summer and woolen in winter, with black wool hats. The jacket and pantaloons are each one-half dark and the other half light colored—the dark half of the jacket and the light half of the pantaloons being on the same side of the body, and vice versa. Osnaburg shirts, brogans, and wool socks complete the dress, each article of which bears a number corresponding with the cell occupied by the wearer; the numbers upon the articles of outer clothing being large and conspicuous.
All convicts who can read are furnished with a copy of the Bible, the Mexicans with Bibles in the Spanish language. They are also permitted to read such other religious or moral works as the Chaplain may approve. They can have but little opportunity for reading except on Sundays, when they are confined in their cells all day, with the exception of the time of public worship. The Chaplain preaches regularly on the Sabbath twice a-day. There is no chapel or hall provided for assembling the convicts. The convicts are marched out of their cells, each bringing his stool with him, and ranged along the opposite sides of one of the long narrow corridors, in no very strict or regular order. The Chaplain stands about the middle of the corridor, while at each end are the guards fully armed; the Superintendent is also present.
By a special enactment of the Legislature, the front of the cell of any prisoner sentenced to solitary confinement for life, is painted black, and his name and sentence distinctly marked thereon. The object would seem to be to infuse a salutary dread into the minds of the other prisoners. Upon the only black-painted cell in the prison was the following inscription, in distinct white letters: William Brown, aged twenty-four years, convicted for murder in Grimes County, spring term, 1858, for which he is now suffering solitary confinement for life. Brown himself, however, was in fact at work in the factory with the other convicts! He entered the Penitentiary in May, 1859, and had been kept in close confinement in his cell, without labor, never being permitted to leave it for any purpose, until about the first of October, when his health was found to have suffered so much that, to preserve his life, he was, under a discretionary power vested in the Directors, released from the rigor of his sentence, and subjected to only the ordinary confinement of the prison. His health had since greatly improved. It is not to be wondered at that his health should decline under the strict enforcement of such a sentence. The cell in which he was confined was the same as to size, ventilation, and light as the rest; and being one of the lower tier of cells, the top of the doorway was some feet below the lower edge of the windows upon the opposite side of the corridor in the outside wall. He had even less chance for fresh air than if his cell had been in almost any other location. It is the sight and knowledge of such instances of solitary unemployed confinement as this, and a wilful neglect or refusal to inform themselves upon, and recognize, the very wide distinction between the terms separate and solitary, that renders many persons so violently prejudiced against, and opposed to the “Separate System.”
There were but three female convicts. One was undergoing a sentence for arson, and the other two had been convicted of murder. One of these latter occupied a cell immediately under one in which her husband was suffering imprisonment, as an accomplice of his wife in the crime for which she was sentenced. She had murdered her father, to get his money. The husband of the other woman had died, in prison, but a few weeks previous to our visit. He, too, had been convicted as an accomplice of his wife; the victim of their crime being a niece of the wife, who had excited her jealousy.
Each prisoner occupies his own separate cell at night and during meal-times. Among the prisoners was a boy of seventeen, who had been sent there for want of any better place for him: his offence was stabbing. In consequence of his youth, he was not subjected to the same strictness of discipline as the other convicts, and was allowed many privileges, occasionally even being allowed to sleep in the same cell with another convict. His opportunities of intercourse with the others must have been frequent, and the association will, in all probability, prove most disastrous in its consequences. His return to the Penitentiary, in the course of a few years at most, can be calculated on with reasonable certainty. Whatever disposition he may show, or whatever efforts he may make, upon his release, to lead a proper life,—all will be neutralized, almost inevitably, by the knowledge of the fact that he has been a convict in the penitentiary; and some of those who have been his fellow-convicts, of a more hardened experience in crime, will be constantly on the watch to lead him astray, and with an influence of great power.
The grades of punishment for refractory convicts are: 1st. Confinement in the dark cell. 2d. Confinement on bread and water. 3d. Confinement, and deprivation of tobacco. 4th. Irons, with or without confinement. 5th. Standing in the stocks. Flogging is also permitted, but only by special order of the Directors, to whom the Superintendent reports any case he may think deserving of that punishment, and the Directors decide on the expediency of the infliction. It cannot, however, in any case, exceed one hundred lashes, and is administered with a leather strap.
In case any of the prisoners escape, one of the guards has some two or three hounds trained to catch runaways, and used to track the fugitives. As some of the prisoners are employed outside the prison yard, about the storehouse and warehouse, and in the garden, the opportunity thus presented, for attempting an escape, is sometimes improved; and the dogs are then brought into use. Escape, however, is a matter of difficulty; and the attempt, even, is hazardous: for, in addition to the armed guard at the main entrance, the immediate vicinity of the prison premises is further watched and protected by armed guards, on duty constantly, in guard-houses a little distance from the walls, outside,—one at each corner, and one opposite the middle of each side, except the front.
Visitors are not allowed to hold any communication with the convicts, either by word or sign; nor are the master-workmen allowed to hold any conversation with them, except in giving necessary information or direction concerning their work. The master-workmen are also forbidden to converse, in the hearing of convicts, with other persons on matters foreign to their work. The convicts are also prohibited from holding any communication among themselves; but the impossibility of preventing this entirely, was manifest, and, indeed, was frankly admitted. The friends and relatives of any convict are permitted to see and converse with him, in the presence of the Superintendent, at his discretion.
The officers of the Penitentiary are,—a Superintendent, Financial Agent, and three Directors; all of whom are appointed by the Governor, for four years. In addition to these, the master-workmen, physician, chaplain, sergeant of the guard, and steward, are considered as officers of the prison, and all hold their appointments from the Directors. The salaries of the Superintendent and Financial Agent are $1,500 per annum, each; of the Directors, $250 each; of the Physician, $500; and of the Chaplain, $250.