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The Subterranean Brotherhood
by Julian Hawthorne
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On the other hand, State Representative Blackburn said that it was "a dangerous policy to give such wide discretionary powers to wardens scattered about the state. It would give rise to terrible abuses and mistreatment. The sovereign power of the state should not be delegated to individuals only remotely accountable. The punitive system should be carefully guarded, and the line of punishment mapped out, otherwise evils will creep in; no corrective measures that border upon cruelty should be used." Representative Smith added that if we "put the power to use the whip on women in the hands of brutal and incompetent wardens, the same cruelties and atrocities which have shocked the civilized world will be repeated. Wardens, drunk with power, abuse their positions; they are appointees of a system, inexperienced and incompetent in many cases; chosen, not because of their fitness, but more likely to repay some political favor. When a good warden is found, it is more or less an accident. Give permission to whip, and the public would be horrified at the result, if ever they should learn the circumstances."

That is fine; but the concluding words mean more than they say. How is the public to know? If you had a mother or a sister or daughter in that jail, would you feel entirely reassured by the declamations in the legislature of these kindly gentlemen? Would it not occur to you that, when this little flurry had blown over, the warden and his guards might possibly, and as quietly as might be, revert to what they held to be the only effective means of keeping order? It is easy, in a prison, to gag a woman so that she cannot scream, and to take her down to a secluded place, and there to lay on the leather heartily, with or without first removing the inner garment. Who is to know, or to tell? We are not Russians, to boast of these things openly.

At the turpentine camp at Atmore, Alabama, thirty-five convicts whose contract had been annulled by Governor O'Neal, were brought to Mobile October 10th, 1913, and placed in the county jail. All but fourteen had been whipped with heavy straps loaded with lead, and affidavits were offered showing that two of them had been whipped to death. But Superintendent of Prisons Riley of New York, in a letter to Warden Rattigan of Auburn prison, writes: "I do not believe that any one was ever reformed by physical torture." This was not the view taken, apparently, in Jefferson City (Mo.) prison, for there, a few weeks ago, a negro was given a very hard task each day (says the Post-Dispatch of St. Louis), more than he could perform. At evening he would be taken out, strapped to a post and beaten with a heavy strap. There were cuts and sores all over his body. Favored prisoners were allowed to break rules, while others were severely punished for the same thing. The penitentiary there is described as a "small hell entirely surrounded by masonry and incompetent officials." Dozens of men were brutally whipped for minor offenses.

We have all heard about Blackwell's Island, New York City, where "beatings by officials, and much worse, resulted in the death of a man." Trustee Hurd found two men in dark cells, one stupefied, the other hysterical and sobbing. They had been punished for whispering. The dark cells had been ordered discontinued some weeks before. Warden Hayes, on being asked by the official why he had permitted them to be used, replied, "Well, the fact is, I've been so busy I haven't had time to get round to it!" What is his business?

In Atlanta we do not use the leather; we find the club handier, and some guards are skilful in so applying it to the bodies of their patients that, while the external evidences are negligible, it occasions internal troubles which can be ascribed to "natural" causes. And there are indications that we do use the dark cell, described by Dr. MacDonald, above, as more inhumane than the lash. If this expert be correct, he gives us a standard whereby to measure how inhumane they must be.

I cannot go on, though I have used only a fraction of my notebook. Moreover, I am inclined to think that the physical punishments I have instanced are not the worst that are administered in Atlanta and perhaps in other prisons. Great ingenuity is shown in the application of mental tortures, which have their outcome in insanity, but which never can be investigated by commissions and inspectors. An insane man is as safe as a dead man—if he tells tales, no one will pay attention to him. The cat-and-mouse game is a favorite with the inhumane type of wardens. Give your man alternations of hope and despair, and the results will soon reward your pains. Then there are the insults, the gibes and threats, the obscure forms of tyranny and outrage, the degradation of manhood—there are a hundred subtle ways of destroying and corrupting the spirit of a man. To be compelled to occupy the same cell with certain types of criminals is a most successful form of inhumanity; and when, as often happens, one of the two is a comparatively innocent boy, the results are awful. "Insufficient number of cells" is the explanation given; and at Atlanta at least there are the unfinished cell houses, which might have been finished years ago, had the appropriations been properly applied.

"Lord, be merciful to me, a sinner!" we pray in our churches. But He says, "With what measure ye mete, it shall be measured unto you again." We do not set the Lord a good example of mercy in our prisons.



XI

THE GRASP OF THE TENTACLES

I have spoken of punishments inside the prison. When a man has served his time and is set free (as it is called) another punishment begins, which may be worse and more disheartening than the suffering endured inside the walls.

As I listened, on Saturday afternoons, or at other times, to the stories hurriedly and guardedly told me by my fellow convicts who had served more terms than one, I said to myself, "The wrong of prison is bad enough; but this of what happens to a man after prison is worse, and monstrous." The endless tentacles follow him, reach out after him, surround him, fasten upon him, and draw him back whence he came. And not that only, but they mark him and isolate him, disable him from free action, make honesty impossible for him. No citizen of whatever integrity and standing, if so pursued, maligned and undermined, would have any choice left him but either to perish or to break the laws. The spies of the government, with the prestige and power of the government behind them (however despicable and vicious they may be in themselves), can ruin any man; but ex-convicts are their staple food.

In the latter part of June, 1913, a federal judge named Emory Speer was accused of evil deeds on the bench, and a congressional investigation was announced. The judge was taken ill, and at this writing the investigation still hangs fire. Now, the evidence against him had been collected, it would appear, by the agency of government spies, and this fact caused great indignation in some quarters. Here was a man not convicted of felony, but a pillar of the state, being pursued by detectives just as if for all the world he were an ordinary person—an obscure private citizen, say, or an ex-convict! The judge himself was very indignant, and his friends on the local press were rasping in their comments. In a long editorial entitled "The Shadow of the Spy," one Atlanta paper denounced the proceedings root and branch. It affirmed that the governmental spy system had assumed such proportions during the past few years as to threaten one of the mainstays of free government.

All this interested my comrades, not because the spy system was news to them, but because no public notice had been taken of it until it began to wring the withers of persons who had hitherto supposed themselves to be in the position of promoters instead of victims of the practise. A federal judge had never protested against pursuing with spies men suspected of crimes, or men who, having served time upon conviction, had then gone out into the world and attempted to lead a new life. The spy system, so conducted, seemed to such persons proper and normal. But the moment they found their own acts investigated, their own footsteps dogged, they became indignant, and denounced the whole principle of the thing.

No man convicted in a federal or state court, or set free after having done his time in prison, but is abundantly conversant with the methods of the American spy.

As we all know, the first thing done with a new prisoner is to take his bertillons, and the record of these measurements and observations, together with two photographs of him, or with four, if he had a beard when convicted, is sent to every police office in the country, and is there studied by the detectives and police. The intention, of course, is to render easier the recognition of "old offenders," and to curtail their future industries. It is generally affirmed that bertillons cannot be mistaken; but in a Detroit court, on January both, 1914, an expert declared that "a difference of one-eighth of an inch in the laying on of the fingers made an entirely different impression"; and "judgment was awarded against the bank," which, relying upon the infallibility of the finger record, had brought the action. At any rate, the bertillon is still a potent weapon with the police, and when they want a man for a crime committed, or when they desire to drive out of any given place on the face of the earth a man who has been previously a convict, they have but to point to his bertillons, and the thing is done.

Let us see how this may work out in practise. A convict, having served his term, is presented by the United States (or a state, as the case may be) with a suit of new clothes, and with a five dollar bill. He also gets a ticket on the railway to the place of his destination, and, though he is in theory a free man from the moment that he passes the prison gates, as a matter of fact an official is assigned to take charge of him and put him on his train; he cannot remain in Atlanta (supposing for the once that Atlanta Penitentiary has been his abiding place during his sentence) on penalty, if he do, of forfeiting his ticket and having to pay his own way. This may be a provision of the law, or it may be simply a measure to prevent ex-convicts from talking to newspaper reporters or other enquiring persons. The thing is invariably done, unless the man's residence happens to be Atlanta itself.

In my own case (to cite an instance) the regular procedure was observed, with only one accidental modification. I received my suit of clothes, my five dollars, and my railway ticket—at least, the latter was given to the guard detailed to accompany me to the station, to be by him delivered to the conductor of my train. But I had previously made up my mind to say a few things to the reporter of a certain local newspaper, and I was ready, in case of necessity, to abandon my eleemosynary ticket and to pay my own way to New York on a later train. I had money of my own to do this with; most ex-prisoners, of course, have not. But the sacrifice was avoided by the circumstance that Mr. Moyer, the warden, was absent at the moment in Indianapolis, and the deputy incautiously let me out an hour or more before my train started. I lost no time in meeting my reporter, and during the next forty minutes, in an automobile provided for the occasion, we drove about the streets of Atlanta, while I imparted to his astonished ears my reasons for thinking that the penitentiary was not the paradise on earth that it had hitherto been believed to be. He brought me to the railway station in season for my train, and I got safely away, leaving mischief behind me.

That was my good luck. On the other hand, a friend of mine recently released told me that the warden had called him into his office at the last moment, and had extracted from him a promise not to talk to any reporter in the town before leaving. That is the usual way; but it is the exception, sometimes, that counts.

Let us return to our average convict, just out, and with the world before him, where to choose to display his prison-made garments and to spend his five dollars. It not seldom happens, to begin with, that he is not so much out as he had imagined. Our present method with convicts has peculiarities. Here is a common example.

A man was convicted and jailed for robbing a postoffice. The sentence was five years. The specific charge was of stealing postage stamps. Having done his bit in the federal penitentiary, he was given his outfit and the gates were opened. He was proceeding joyfully on his way, when a sheriff laid a hand on his shoulder, and informed him that he was his prisoner. What for? The sheriff smilingly explained that the sentence he had just served was for a federal offense; he was wanted now on a state charge of breaking into the grocery store in which the postoffice was housed. For this, the state prison accommodated him with lodging for five years more. The man outlived that, and fatuously imagined that his payment of that debt was fully discharged. He was awakened by the hand on his shoulder again. What was the matter now? Why, he had, while in the grocery store, and in addition to stealing the federal postage stamps, possessed himself unlawfully of a box of matches, thereby committing a second state crime, involving a further detention in the state prison of five years more.

This is an example of our cat-and-mouse way with convicts, and is, of course, much more destructive to the victim than an outright sentence of the same length would have been. But in what manner it tends to reform a man, or to protect a community, does not clearly appear.

Sometimes, the sheriff is dilatory in arriving to make the second or third arrest, and it would seem that the prisoner might have a chance to escape. But in such a case the warden himself would take a hand in the game. In an instance of which I heard a good deal, the man's sentence expired, we will say, on June 1st. The warden had been apprised that he was to be re-arrested, but the sheriff was not on hand—could not get there for two days. But the law, or prison regulations, or something, enables a warden to detain a prisoner beyond his fixed time, in the event of his committing some prison irregularity. The warden informed the man that he was reported to have broken a plate in the dining room, the penalty for which was three days more in his cell. Before the three days were up, the sheriff had arrived, the man was re-arrested, and justice was satisfied. We will suppose, however, that our man has no second or third or other indictments hanging over him, and that he really does get clean away. What will be his adventures?

If the weather be not rainy he reaches his train unscathed. But if that new suit, with "jail-bird" written all over it in characters which all detectives and police, at least, can read as they run, chance to get wet, the raw shoddy forthwith shrivels miserably up, and the wearer's ankles and wrists stick out so betrayingly that a mere child might recognize the sinister source of the garments. But, anyhow, a few days' wear will so wrinkle and crease and deform the suit that it becomes unwearable, and the man might as conveniently and more prudently go about in shirt and drawers. Should he present himself in it requesting a job from some virtuous citizen, the latter is less likely to grant it than to step to the 'phone and call up the police station. "There's a suspicious character here—better look him over!" The officer looks him over accordingly, and either advises him to betake himself promptly elsewhere, or, if a crime happen to have been committed recently in that neighborhood, the perpetrators of which are still at large, he takes the man into custody on suspicion.

That the man is utterly innocent makes small difference; his status as an old offender is readily established, and the rest follows almost automatically. "You did the job all right; but, if you didn't, you're a vagrant, without visible means of support, and they'll put you in the lockup for six months or a year. And let me tell you, our lockup is no joke! Likely you'll get on the chain gang, and then, God help you! If they don't take a fancy to you, they're liable to croak you any time. Now, I'd like to see you get out of this easy, and here's what you'd better do. You own up to the crime, and I'll have a word with the judge, so he'll let you off with a short sentence in a place where they treat men right, and you'll get out in about three or four months. That's what you'd best do; and if you don't, I wash my hands of you! What do you say?"

What would you do? Stand on your rights, demand a full and fair trial, prove your innocence, and be acquitted without a stain on your character? That is the proper and righteous course for a free and independent American citizen.

But you are not a citizen, in the first place; your civic rights are gone for good, and instead of your innocence being assumed till your guilt is proved, it is the other way about. Your friend the detective is prepared, for one, to swear that to the "best of his knowledge and belief," you are the culprit; and there is commonly a number of other easy swearers hanging about the court room to support him. You have no friends; on the contrary, every eye you meet is hostile. You have no money to hire a lawyer, for that five dollars had gone before you had mustered courage to ask for the job that got you into this trouble. And above all, your spirit is cowed and prostrate from years in prison; you have known the long, sterile bitterness of penal servitude, and you have no stomach for a fight. No, you will not fight—you cannot. You will stand up in the dock and confess to something you never did, and throw yourself on the mercy of the court. Your friend the detective whispers to the judge—"He's an incorrigible—he ought to get the limit!" And His Honor gives you ten years. It is less than a week since you put off stripes, and went out into the world resolved to make good. If you outlive your undeserved sentence, will you ever resolve to make good again?

Can such things be? Indeed they can, and they are. There is poor C. in Atlanta now, the victim of such a deal; and S., and H., and many more. C., indeed, told me, and I believe him, that he never committed any crime at all, other than to get drunk and to sleep out on the road; he was apprehended for vagrancy, then charged with a post-office robbery in another state (which he had never visited), advised by the detective who "took an interest" in him to confess, upon the promise of being let off with a light sentence; he got the limit, and will wear out his youth in jail, while the detective is complimented for his efficiency.

The Government is extravagant. What is the use of spending money on a shoddy suit of clothes for each one of thousands of convicts every year, and giving each of them a five dollar bill, with the certainty that, in a large majority of cases, they will be back in their cells in a few days or weeks, or months? Look up, if you please, the statistics as to the number of convicts who are second or third offenders. Nay, the Government is itself the prime and most effective cause of their getting back, since it is government spies that provide the evidence that sends them up.

But can we afford to trust ex-convicts? Must we not keep a strict eye on them? If the strict eye were also a friendly one, it might be of some avail. But our hand is against them, and we need not wonder that theirs is against us. Not only are we their enemies when they emerge from jail, but (as has been repeated interminably by every investigator who has been qualified to speak on the subject) jails are the best and only schools of crime. In other words, we first educate men to be criminals by putting them in places where they can learn nothing else, and then we keep them criminals by shutting against them, when freed, every opportunity to earn food and lodging in legitimate ways. And then we complain that they are not to be trusted.

Neither can men fed on poisons be trusted to be well. Jail life is poisonous; I think it was Judge McLeland who said, last summer, "Our million dollar reformatories offer university courses in bestiality and crime; it is as logical to send a man to jail to make him better as to shut him up in a garbage-can to improve his digestion. Forty per cent. of those who go to jail, go back again," he added; "one man went back one hundred and seventy-six times. Others are sent because they are poor and cannot pay a fine, and they are there made real criminals."

An instance of this occurred in a Georgia chain-gang while I was in Atlanta. A man was sentenced for playing cards for money. He could not pay the $45 fine demanded, and in default, was sent to the chain-gang for eight months. He wore stripes, night and day, and if contumacious, was whipped by the guards. His work was in a stone quarry, a deep hole, into which the summer sun poured an insufferable heat. He was forced to do his work with a 49-pound hammer in that funnel-shaped pit, at a hundred degrees in the shade—if he could find any shade. One day he told the guard he was sick, and could not work any longer. The guard shifted the quid in his mouth and remarked that he ought to have said so that morning. But the man meant what he said, and proved it by dying a day or two later. Probably you may have played cards for money at some time in your life. Did it ever occur to you that you merited torture and death for it?

Or do you think that, after such an experience (if you survived it), or after being twice arrested for the same crime and kept in jail five years three times over, or after doing time for a crime you never committed—that you would come out at the end of it all, smiling, full of energy and enterprise, loving your neighbor, eager for honest toil? Would you embrace Mr. Moyer (or whomever your jailer was) and tell him, with tears of gratitude, that you could never repay him for his warm-hearted, big-brained care of you—the starving, the dungeoning, the clubbing, and all the rest of the university course?

Would you feel like that? Or would you stare out upon the world into which you were contemptuously tossed with dull, hating, revengeful eyes, suspicious of all men, hopeless of good, but resolved to get even, so far as you might, by plying the evil trades which your life of slavery had taught you? Would you behave like Christ upon the Cross, or like an ordinary man? Convicts are ordinary men, except that they are often, to begin with, diseased men, or hemmed in by conditions so untoward as to make an honest life ten or a hundred times harder than it ever was for you.

But you did not scruple to put this diseased or unfortunate version of yourself into the jail cauldron, to stew there with others like or worse than himself, for doing what, in most cases, he actually could not help doing; and when at last he was ejected like stale refuse, you were indignant because his looks did not please you, because he bore upon him the stains and the stench which the cauldron had fastened on him, because he did not, in the teeth of the secret service, the postoffice inspectors, the detective bureaus and the police, at once begin to lead an honest life and support the commonwealth. Do you say that none of this was your doing? But it is your doing, in just so far as you have not striven in every way open to you to extirpate the doing of it by this representative government.

The wonderful thing—the unexpected and pathetic thing—is, that so many convicts come out of jail in a kindly and inoffensive state of mind. They are men who were born weak, humble and yielding, never esteemed themselves, were always ready to take a back seat and give precedence to others. They do not understand the rights of the matter, but suppose it must be all right, that penal servitude is the proper thing for them, that laws were made by wise men and must be enforced. They admit their stealings and their trickery, and blame themselves, observing regretfully that they didn't seem able to help it. Next time—if they get a next time—they will try very hard to be straight, and perhaps they will succeed after all!

There was little J., in the barbers' gang, a cheerful, smiling, sweet tempered fellow, who had served I know not how many terms for small larcenies and turpitudes. "I've always been such a damned little fool," he would say to me, as he smoothed off my chin. "The boys would get round me and rope me into some scheme, and I didn't seem able to keep clear of 'em. But I'm goin' to be let out again next July, and I've made up my mind I'll never be seen here again! No, sir! Oh, I've been talkin' with the chaplain, too, and I've been reading the Bible, and all that, and I'm going to be a good man. Yes, sir! I've had my fling, and I'm through with it; when the boys get round me and tell me of some easy job, I'll tell 'em, No! Not for J."

He was a man of forty, as naive and "innocent" (in the unmoral sense) as a child; and he had been in jail off and on since he was ten years old. I happened to be in the front office at the moment when J. was signing receipts and receiving his property preparatory to leaving. He was dressed in a neat business suit of his own—not a prison-made monstrosity. He was clean and smooth and bright, and tremulous with excitement. He signed his papers with a shaking hand, he took up and put down again his well packed gripsack, he shook hands with a sort of clinging, appealing grasp, as if he were afraid of being left alone, he giggled and looked profoundly solemn by turns. The officials stood about, indifferent and contemptuous, the men who had been hard and cruel to him, and those who had not been so hard.

It was a bright, beautiful day, full of sunshine; J. picked up his grip and marched down the corridor and out into the free air. He wore a brave air of hope and determination, but one could detect underneath it symptoms of misgiving. He had vowed to be good, but could he keep the vow, when "the boys got round him"? I wished him good luck with all my heart. Six months have passed, and J. is not back in jail yet, so far as I have heard. But the spies are watching him, and he won't be safe till he is dead.

A man with whom chance brought me frequently in contact was H., a yegg, as the term is.

When a guard is escorting a batch of visitors about the prison, he speaks of the yeggs in an ominous tone, as if they were some deadly monster, hardly to be even looked at with impunity. But yeggs, as a body, are the best men in the prison; they have a code of honor, and strength of character. Outside, they blow open safes, and do other risky jobs; and they will shoot to kill on the occasions when it is their life or the other man's. They will do this, because they know what a prison is, and also what spies outside prison are. But they will spare your life, if possible; not because they care for you—they hate and despise you, as being a man who would be and have in the past been merciless to them, and as a hypocrite who is either a rascal on the sly or would be if you possessed the courage or were subjected to the temptation—they spare you not from mercy but a settled policy; killing is bad business, and means sooner or later a violent end for the killer.

Most yeggs are men of more than average intelligence, and sometimes of fair education; they were not born outlaws; but, if you can win them to speak of themselves, you will generally find that they have undergone things both in and out of prison enough to make an outlaw out of a saint. Most men succumb under such things, and either die, or become cowed in spirit; the yeggs have survived, and their spirit is unbroken. They hold the highest place in the estimation of their fellow prisoners; and the warden and the guards fear them. By that I mean that they fear to inflict severities upon them except upon some pretext at least plausible; for the yeggs know the rules, and though they will submit without a whimper to the crudest punishments if cause can be alleged for it, yet wanton liberties, such as prisoners less well informed or more pusillanimous submit to, cannot safely be taken with them.

The yeggs stand together; they have esprit de corps, and if, as happened last summer at Atlanta, the food supply drops actually to the starvation point in both quantity and quality, they stand forward—as they did then—as champions for the rest of the men; they protest openly, they will not be wheedled or terrorized, and they go to the hole as one man. Nor will they come out thence until the warden comes to them and promises improvement. The warden promises, not because he desires improvements, but because he fears the scandal of mutiny in the prison—an inconvenient thing when one is supposed to be conducting a model institution; and even an easy going public, which will tolerate other forms of cruelty to convicts, feels compunction about starving them, especially when it is taxed to provide them with wholesome and sufficient food.

About my friend H.—I have no space here to tell his story, nor to outline it even; it is a terrible one. I may be able, some time, in another place, to present it in full. I will say now only that he was once confined for three years in a contract labor jail which has the worst features conceivable in any prison of to-day or of a hundred years ago, and men are killed there by overwork and punishments as a matter of routine; few survive the treatment so long as H. did. Once during his three years he uttered three words aloud; for that he was punished so long and so savagely that the horror of it yet remains with him. Prisoners constantly maim their hands voluntarily in the machinery in order to be quit of the torture of the work; the bleeding stumps of their fingers or hands are roughly bound up, and they are driven back to their machines. The warden is an oily, comfortable rogue, who beams upon visitors and fools the prison commission to the top of its bent, and he bears an excellent reputation for the large amount of work he gets out of his prisoners; "They just love it, my boys do," he avers; "nothing like work to keep men happy, you know." And then, when the coast is clear, he turns upon his boys like a bloodthirsty tiger.

But what I wish to say here is, that when H. at last finished his term and was thrust forth into the crowded street of the city, his legs failed him, and he tottered along scared like a wild beast at the noise and bustle. A man addressed him, and he stared at him blankly, and could not command his tongue to speak words. He wandered on irregularly, starting at imaginary dangers, unnerved at the height of the sky, the noise, the movement. He sought the least frequented streets, but his aspect and bearing made people look suspiciously at him, and he found his way to the slums, where he got a room and shut himself in with a feeling of relief. It was several days before he could school himself to talk and act like an ordinary human being. His health was shattered, though he was naturally a strong and hearty man; eating made him sick, though he was faint for lack of right feeding.

He could find no steady employment, but helped himself along with odd jobs here and there. He was resolute to keep straight, but an old pal of his happened to meet him, did him some good turns, and finally proposed his joining two or three men in a promising burglary. H. asked time to think it over, and that night he left the city in a sort of panic, and traveled to a large town a hundred miles away. Here he succeeded in getting a good job; his spirits began to revive; he made some good acquaintances, and prospered beyond all expectation for nearly a year. One day he noticed a man in the street who stared hard at him; not long after he saw the same man standing in front of the house in which he lodged; the next morning his landlord came to him and, with some embarrassment, said that he would have to ask him for his room; a relative was about to visit him and he needed the accommodation.

It was as he had feared—the detectives had run him down. He put what he possessed in a trunk and left town that evening for a place nearly a thousand miles west. Here he was left undisturbed for fifteen months, and made a new start in business. Then the chief of the local police sent for him and said, "I don't want to be rough on you; but the best thing you can do is to skip; we're on to you—understand?" "But I'm doing a straight business," H. pleaded. "You may be; but you're a crook," was the reply.

We need not follow him further; he was driven from one place to another. At last he was caught with stolen goods on him, he having undertaken to help an old friend of his out of a tight place by carrying his gripsack from one place to another; it proved to contain some plunder from a recent burglary. He got off with a two year sentence; but it was the end of his attempt to reform. "Crooked or straight, I'll end in jail," he said to me, with that strange convict smile which means such unspeakable things. "I've got two years more here; if I last it out, they'll get me again."

I firmly believe that he would have been an honest and successful man if he had been let alone.

It sometimes happens that the manhood of a convict is so sapped by long sufferings that even his desire for freedom is lost. He is afraid to be free; he cannot live at ease outside of his cell walls. Perhaps you will say that goes to prove the gentleness and humanity of prison discipline. To me it seems a thing so appalling that I must be content with the bare statement of the fact. A man is afraid to be free, afraid of the great wonderful world, and of his fellow creatures, and can endure what he supposes to be life only in his steel cell. What has put that fear in him? But our laws provide no penalty for dehumanizing a fellow creature under the forms of law. If it be legal, it must be right.

I knew a man in our prison who had been thirty-five years in confinement, with short intervals of liberty. The best favor he could ask was to be allowed to stay all day and all night in his cell, doing nothing. Year after year, nothing else than this appeared to him worth while. He was well educated, as prisoners go, quiet and inoffensive. "I wish some doctor would examine me and tell me what is the matter with me," he remarked to me once. "Maybe I'm crazy!"

After all, the world, in its way, is as hard a place for ex-convicts as a jail; more cruel, perhaps, inasmuch as it seems to offer hopes that jails deny. But can a world be called civilized that is satisfied with that arraignment?



XII

THE PRISON SILENCE

How many convicts, during the past twenty years, have served their terms and been released? and yet what does the public know of the real inside of prisons? This used to perplex me at first. My fellow prisoners with whom I talked were bitter and voluble enough in denouncing the conditions; but no sooner had they passed the gates to freedom than they became strangely silent. Some of them even were quoted in the local papers as praising and upholding what they had just before condemned.

There was a Japanese prisoner, for example, the only man of his nation there, I think, who gained attention by copies of well-known pictures which he made, to be hung on the walls of the chapel, and by designing back and side scenes for the stage. I never talked personally with him, or saw him but at a distance, as he hastened along the corridor; but men who knew him said that he was especially savage in his diatribes against the prison and its keepers, and had promised, as soon as he was freed, to make numerous ugly disclosures to the world. But when we searched the local papers after his release, what we found was a hearty and explicit laudation of the prison and its officials. Had it been written by the warden himself, it could not have been more sunny and satisfied.

Again, there was a man with us who had been sentenced for life on a murder charge of a singularly revolting kind; he had been in confinement seventeen years when I first knew him, but had always consistently protested his innocence. He applied for parole, and his application was granted. At this time he occupied a large cell containing eleven other prisoners, of whom I was one; and he attached himself very closely to me, and upon coming in from his work each evening, would sit beside my cot and hold my hand and pour out his heart to me in lamentations, asseverations of his innocence, picturings of the horrors of his long confinement, forecastings of what he meant to do when he was freed—to address audiences from the pulpit and rostrum, and convince the world of the horrors of penal imprisonment. He was deeply religious, and had the moral courage to kneel down, before all the men in the cell, and spend five minutes or more in prayer every evening before going to bed. Every one believed that he had been wrongly convicted, if for no better reason, because he had never once wavered from his claim of innocence during those seventeen years, and because his conduct and bearing in the prison had always been exemplary. He was a man of powerful body and strong, impressive mind; his speech was simple and convincing, and I told him that I thought he would succeed as an avatar of prison iniquities. He professed an ardent affection for me, and expressed enthusiastic anticipations as to the outcome of my own projects for calling public attention to the evils in question.

This man was tortured for five or six weeks by unexplained delay in fulfilling the promise of his parole, during which time it fell to my daily lot to comfort and encourage him; and I suffered no little emotional stress myself from this constant drain on my sympathies. Every evening, sitting beside my cot, he would repeat over and over again the same lamentations and speculations, interjecting at the end of each apostrophe, "It's terrible—terrible!" until at last I felt that I would gladly give up my own "good time" for the sake of seeing him freed without further procrastination. I was convinced, and so told him, that the delay could be due to nothing but neglect, inadvertent or criminal, on the part of LaDow, the President of the Parole Board, or of the Attorney-General himself; the papers had been thrust into a pigeonhole, and been forgotten or ignored.

What were the tortures of a man imprisoned for seventeen years, and now standing on the brink of salvation or despair, to a supercilious official up in Washington?

Finally, without explanation or apology, the order for release came; and for me and his other friends, as well as for him, it was a day of rejoicing and thanksgiving. But, remembering that he was on parole, and therefore liable, on the least infringement of discipline, to be thrust back in his cell, none of us expected that he would venture to denounce the wrongs and expose the miseries of the imprisoned; we were glad to learn that he had secured a position paying him twenty or thirty dollars a month, with a chance of better things later, and that he had announced his purpose of running down the real perpetrator of the crime for which he had suffered, and forcing him to confess. For a few days, one or two local papers gave him half a column, and then there was silence.

I had been denied parole, and the restrictions thereof did not apply to me when my own day of freedom arrived; and I gave a short interview to a reporter, in which I said that the warden was unfit for his position, that the food was abominable, and that punishment in dark cells and otherwise was still practised, though under cover.

The next day the newspapers printed an interview with my late friend, in which he was quoted as declaring that every statement I had made was a malicious lie, that the warden was in all respects the best, kindest and most lovable man he had ever met, and that the men in confinement had all the food they asked for, of the best quality, and that all tales of hardships and cruel punishments were false and wicked.

Is it conceivable that these statements were really given out by him? It seemed more likely that the words had been put into his mouth, under a threat, should he disavow them, of being sent back to prison. From such a threat the bravest man might shrink. But that statement of his still stands unmodified. And whether made spontaneously, or under the compulsion of a threat, its motive seems to have been fear of punishment for telling the truth. Such is the power of the System over its victims!

It is a state of things nothing less than nauseating. It is bad enough that men should be held in prison and maltreated; but that the truth should be imprisoned with them, gagged and terrified into silence, is a grave matter indeed. New York is complaining just now of the strength in corruption of its police system; but it seems almost trivial compared with this, for while the police ring profits by cooperating with the criminals they are paid to suppress, the prison ring profits by maiming or destroying human lives entrusted to their care to be restrained for a season from their own evil impulses, and thus if possible reformed; and, when they are released, it guards itself against exposure by the menace of revenge more formidable still. The parole and the indeterminate sentence, framed to open the way to reform of prisoners, is used by prison officials to intimidate and debase them; and if any ex-convict ventures to defy this fortified despotism, the immediate rejoinder is, "Who can believe a jail-bird? A man wicked enough to steal or murder is wicked enough to lie, and is not the malicious motive of the lie apparent?"

That rejoinder has been brought, and will continue to be brought against me. Among those who protested against the statements in my interview above mentioned was a lady whom I never spoke to—it is strictly against rules for a prisoner to speak with a visitor—and never knowingly saw, though I understand she was wont to sit on the stage during the Sunday exercises. She is thus quoted: "Julian Hawthorne is nothing more than an old grouch. A short time ago this old man told me himself that he was getting plenty to eat and had no complaint to make of his own or anybody else's treatment in the prison.... When he says such things as he is reported to have said, he should be made to prove them, or keep his mouth shut." Warden Moyer himself, less imaginative than this lady, contented himself with denying all charges and courting investigation, and added that he bore me no grudge, believed me to have been the dupe of malignant guards (since dismissed) and considers my motive to have been mainly the desire to make a little money. "The Department attaches little importance to these outbreaks," he remarked, "and I consider it unnecessary to place my word against that of convicts."

This may seem feeble; it is the mere instinctive stuttering of persons in a disturbed frame of mind. But the System will not depend for its defense upon persons of this kind. It has many strong forces at its command, of which the Secret Service, and the favorable prejudgments of the Government and of a large part of the public are but part. Any one opposing it may expect to be kept under strict surveillance in all his movements, his mail will be violated, his words, written or overheard, will be scrutinized for material that can be used against him. Nor is the line drawn there. While I was in prison, I received the confidences of many prisoners as to their own experiences, among others that of a Maine boy who had been convicted of robbing a postoffice. He had been arrested in the first instance as a vagrant, and while in the local jail had been approached by a postoffice inspector who charged him with the post-office crime. The boy had never been in the state in which the crime was committed; but he was told that, if he would plead guilty to it, he would be sent to Atlanta for a short term, whereas, should he refuse, he could be kept in jail awaiting trial for a year, and would then receive at least six months on the vagrancy charge. "Do as I tell you, and I will see that you get off easy," the inspector, who posed as a friend, told him. When he finally acquiesced, however, the judge imposed on him a sentence of five years, the inspector having testified that he was an old offender, implicated in many other crimes. The fact was, of course, that the real perpetrators of this postoffice robbery had not been caught, but it was expedient for the reputation and welfare of the detectives that a perpetrator should be produced—if not the real one, then one manufactured for the purpose. I learned of many cases similar to this—it is a common routine practise with the System. Moreover, when this innocent youth has completed his term, he will be thenceforth a marked man—"an habitual criminal," with a record against him; and he can be rearrested on general principles at any time. He will be given no opportunity to earn an honest livelihood, and it would be surprising indeed if his wrongs, not to speak of his empty stomach and hopeless circumstances did not make him a bona fide criminal ere long. Obviously, meanwhile, such a man is effectively gagged; if he be asked whether prison be a paradise, he will reply ardently in the affirmative, though his whole body and soul know it as a hell. For if, having blasphemed the Holy System, he is returned to the cell whence he came, every word of his rash revelation will be avenged upon him in torture and misery.

Am I attempting to retaliate upon the System for personal indignities and mishandling; or am I the dupe and tool of designing miscreants—convicts, guards or foremen—who plied me with false statements to wreak revenges of their own? I have already said that I was never harshly treated by any of the prison officials, and after the two first months indulgences were allowed me beyond the customary prison usage. During my two first months, to be sure, it seemed unlikely that I could live out my term, because I was kept at work in an underground place without ventilation or other than artificial light, and permeated with the hot-water pipes which supplied the buildings with heat and power. I was also unable to eat the prison fare, and was slowly perishing for lack of food. I never complained of this treatment, for it was in the ordinary prison course; but when the consequences of it became visible in my physical appearance, I was put on a diet of oatmeal and milk, morning and evening, and allowed to exercise in the open air. I voluntarily, during this period, went without dinner, being unwilling to poison myself with the rancid grease and garbage served under that name; but I made the most of the simple but nourishing milk diet, though it was insufficient in quantity; and I improved to the utmost the outdoor privileges, besides adhering resolutely to a regimen of daily calisthenic exercises; so that, when I was set at liberty at the end of six or seven months, I was in physical condition quite as good as when I went in. I was never denied leave to write "special letters," and my intercourse with the warden and his deputies, though always as seldom and brief as I could make it, was uniformly suave and smiling. The reasons for all which I shall have occasion to discuss later.

So much for the "grouch." As for being made the dupe of designing persons among the lower officials, and my fellow prisoners,—beyond replying tersely to questions put to me, I never had any communication with the former, and never heard or spoke a word with them reflecting upon the prison management. But what of my fellow prisoners?

They looked me over keenly and thoroughly to begin with; and no inquisitors have more sensitive intuitions or are quicker to suspect double-dealing than they. My aspect, my bearing, my speech, my affiliations, my treatment, all came under their scrutiny, and were debated in that secret court which prisoners hold. Not at first, nor lightly, did they give me the honor of their confidence. I might be a spy sent in from without, or a stool pigeon made within, or I might be indifferent or loose-mouthed. But when they did resolve to trust me—when I was elected a member of the "inner circle," as one of them phrased it,—they had no reservations. I was called on to make no protestations, to register no oaths, nor did I solicit any communications. They came to me freely, and either by laboriously penned or penciled letters written on surreptitious scraps of paper in ill-lighted cells, or by circumspect word of mouth mumbled into my ear on the baseball ground of a Saturday afternoon, they would disclose their long hoarded and grievous facts. "I wouldn't lie to you, Mr. Hawthorne—what would be the use? it would come back on me!" But I was listening to the break and tremor in their voices, the hurry and awkward indignation, the eager marshaling of insignificant details, the dreary, apathetic recital of sordid or callous outrages, the hopelessness striving once more to hope. "If they'd only send us an inspector who wouldn't be always dining with the warden, and junketting in his auto, and taking the screws' word against ours—a fellow who'd peel off his coat and size things up independent!" Their wish was not fulfilled in my time; the inspections were a farce and a scandal. There was a tradition of one inspector who had really effected something—who seemed to think of his duty, as well as of good dinners and joy rides—but that was long ago. That he never repeated his visit would seem to indicate that his report was found inconvenient.

Meantime, I did not need their asseverations of veracity; the truth shone through their uncouth stories. They were widely different from the glib patter that runs out of a crook's mouth in the presence of an official. Some of these men were seasoned criminals; often they did not themselves understand how iniquitous was the "deal" that had been given them, being too much inured to the tricks and treachery of the detectives' practises to feel special animosity regarding them; but more or less dimly they felt that wrong was being done them that was not contemplated or recognized by the law. The last thing to die in a man is his sense of justice; "I'm as bad a man as you like, and I'm willing to take my proper medicine; but they ought to give a man a square deal!" There was a young fellow there, well educated, with an intelligent, agreeable face and gentlemanly bearing; I got his story, not from him, but from the reminiscences of others. One time "Bob got nutty, and wouldn't come out of his cell, and started setting fire to his bedding. His cell got filled with the smoke and he was near choking to death, and fell down on the floor. A bunch of screws stood in front of his door making fun of him, and they held a blanket up so the smoke wouldn't get out. At last they opened the door and pulled him out, and they clubbed him good and plenty, and then they dragged him down the stairs—he was in an upper tier, understand—with his head bumping against every step. They threw him into a dark cell, and left him there." There he had leisure to recover from his "nuttiness." It was nothing much out of the usual, only the incident happened to offer spectacular features which served to keep the memory of it fresh. But does the Department of Justice countenance such diversions?

To return to my theme—I came to feel that whether or not I was handled softly, others as deserving as I, or less deserving, or more deserving, were not; and that if I had no personal grounds for complaint, they had. I could not adopt the point of view of one of the "better" class of convicts: "The warden has always treated me decently, and I don't mean to bite the hand that caressed me." I need not affirm, either, that my good fortune was due to an expectation that I would respond in kind; that would be an unverifiable inference. But it was plain that the officials took interest in the prison paper as a medium for advertising and gaining credit for the penitentiary; and that when I began to write for it, newspapers all over the country quoted the articles and commented kindly on them. My name was given a prominence, unwelcome, though well meant; accounts of my doings and condition, entirely apocryphal (for I never saw a newspaper man during my stay, or gave out any form of interview), were published and featured from time to time; I was kept more or less in the public eye. If, now, I were to be starved and clubbed, dungeoned and otherwise maltreated, not only would I be incapacitated from contributing to the paper, but some hint of the facts might leak out and impair the reputation of Atlanta Penitentiary as a Gentleman's Club and Humane Paradise. Accordingly, if I were found smoking out of hours, or were missing from count,—"Never mind—it's only Hawthorne!" It may be, of course, that my personal charm was so irresistible that every official from the warden down fell victim to it, and would rather prove recreant to their oath of office than interfere with me; my vanity craves to believe so, yet I hesitate. At any rate, with whatever sugar the gag was sweetened, or whether the suggestion of it was inadvertent, I did not feel justified in accepting it; and when I got out, the waiting reporters at last obtained what they had so long awaited. But though my eight hundred comrades seem to have been gratified with my words, I cannot think that they were equally satisfactory to the officials; for I am informed that Hawthorne's writings are henceforth barred from the penitentiary. I must have hurt their feelings in some way; no one can please everybody.

The naive surprise expressed in some local quarters outside the penitentiary went to show how unexpected and almost incredible my statements appeared to be—or, from another point of view, how successfully hitherto the truth had been suppressed. The truth being once unshackled, I was anxious to get the widest possible circulation for it, and therefore arranged for its publication in various newspapers distributed over the country; but I was not altogether sanguine that my plan of public enlightenment would prove an unqualified success. The System, as I have indicated, had several guns which it might bring to bear, and it was conceivable that some of the editors who had subscribed to the syndicate might find reason to regard the articles as not adapted to the taste of their readers, and decline to risk offending them any further. If other guns of the System should prove inadequate, there was always the great gun to be depended upon, known as the Law for Libel. I took what precautions I could with respect to this formidable and most respectable weapon; I stipulated that a competent lawyer should read each article before it was offered for publication, and inform me of any passage in any of them which might be obnoxious to the provisions of this law, in order that such passages might be modified or expunged. He carefully discharged his function; and if any reader should detect a lack of continuity or explicitness in any of my statements, he may charitably ascribe it to the consequences of the lawyer's advice; since, even in this free country, the proprieties must be observed. If I were fortunate enough to escape the missiles of the Libel gun, I had still to be on my guard against more obscure and personal weapons; I am an ex-convict, and any lenity of treatment which I had hitherto enjoyed is not to be looked for in the future. If I were sent back to prison, my shrift was likely to be short; and I could only hope, in that event, to have been able to say enough to afford my entertainers ample provocation for giving me, as my comrades would say, the limit.

"You would have only yourself to blame!"—I hear that comment. If you are kicked, be like the puppy—roll over on your back and hold up your paws for mercy. But if canine models are in question, I feel more inclination to the thoroughbred bulldog, who does what he can and would do more if he could. I have undertaken a heavy responsibility, and must make the best showing I may with it. I no longer have a lifetime before me, but I have learned while I have been alive that the methods of the puppy are not remunerative in the end. Every natural instinct in me calls out for rest and peace, and to forget the valleys of grief and humiliation; but there is another voice which summons me to other issues. I am sensible of my lack of strength and fitness for the enterprise; but I believe that it was no idle circumstance that called me to it; I believe in a Divine government of the world, which chooses sometimes to use unlikely instruments to accomplish its will. The little I can do may inspire worthier deeds by more powerful hands. Emerson found simple words for a mighty thought—

"One accent of the Holy Ghost The heedless world hath never lost!"

The prophets of old had no dignity or weight in themselves, but they delivered messages which changed the world. "What! that old numskull be the mouthpiece of Jehovah?" his townsfolk might exclaim. But so it was. What is any one of us in himself?

However, I don't wish to bear too hard on this pedal. It is easier to look at things from the commonplace standpoint. One thing or another prevented any of my companions in the jail from doing what it was desirable to do, and circumstances quite unforeseen opened a way for me to do it. What I have said above was with a view of showing how difficult it may ordinarily be to bring prison facts to light; and if, by chance, some individual should find means to his hand to open a window, he would be a poltroon if he forbore to do it. I am under no illusions as to the obstacles in my way, nor do I anticipate that what I am trying to do will result in prompt or vital changes for the better in prison management. The facts I adduce may be discredited, but if they are true they will not be lost. My eight hundred inarticulate comrades are always present in my thoughts. I have left them in the body, but I see their faces wherever I turn. It is a crime that any human beings should be arbitrarily kept in the conditions which surround them, and if I can loosen one stone of the Bastile which, at Atlanta and elsewhere, annually engulfs and destroys so many of them, I shall be content.



XIII

THE BANQUETS OF THE DAMNED

The walls of jails are good non-conductors of what goes on behind them, and this applies to other prisons as well as to that at Atlanta. Yet once in a while a groan or protest, or a partial account of some outbreak, finds its way through; and in many cases the gist of the story is to the effect that the food is bad or scanty. Other things the men behind the bars suffer stoically, or not so stoically; but lack of food arouses them to despair and frenzy. We have lately heard reports from Sing Sing illustrative of this condition there; and many another jail could echo the complaints of the unfortunates in that gloomy hell-chamber.

Convicts know that they are to be punished, that the government has sentenced them, that it is the law; and though they may find cause to disagree with the decree that consigns them to hopeless and useless servitude, they accept it as at least legal and incident to the game as played. But they do not believe that the government has condemned them to starvation, or to poisoning (and the condition in which food often comes to the convicts' table is practically poisonous). They know that no such punishment is included in the statutes; and they can only conclude, therefore, that it is an arbitrary and illegal piece of cruelty or neglect on the part of the warden or commissary officer. They are prone to think that these persons profit financially by cutting down their supplies; and that they are careful to conceal the fact in their reports to the Department, or to disguise it as a meritorious economy. At the same time, they are conscious that there is no regular channel through which they can make their injury known to the authorities, and that nothing is more readily denied, or more easily concealed from inspectors, than is this very abuse.

But the suffering which it occasions is constant and cumulative. They are still required to perform their labor, as if in full physical vigor. They are punished if physical weakness causes them to fall short in their tasks. They feel their vitality ebbing, they find themselves ever less able to resist the inroads of disease, their appeals to the doctors are often met with sneers and even animosity; and what marvel is it that stoicism and patience at last give way, and they break out in some wild and savage excess which justifies the resort by their masters to the dungeon and the bullet? But death may well seem to the rebels preferable to the lingering pains of the alternative fate.

The under nourishment and malnourishment of convicts is, in fact, one of the worst crimes of the many which their despots perpetrate upon them. From any point of view, it is barbarous and wicked—the crime of a Weyler upon the defenseless Cuban revolutionists, which, as much as the destruction of the Maine, impelled this country to declare war. Yet, knowing as we do that it is perpetrated upon the human beings in our prisons, we sit supine and acquiescent, and thereby make the crime our own.

Have you not imagination enough to put yourself for a moment in the predicament of the prisoner? There you sit in the narrow gloom of your cell, or you toil in the stifling confinement of your work room, and such is not only your state to-day, but for years to come it will be unchanged. You are isolated from sight of and association with every man and woman in the world who cares for you or thinks kindly of you; silence and rigid obedience are imposed upon you; you meet no looks that are not harsh, and hear no words but sharp commands or angry menaces. Your very toil is idle and unpaid, and its diligent performance brings you no credit or hope, except treacherous promises of a good constantly delayed. And then picture yourself when, after wearisome hours, the whistle blows that means intermission of labor and the renewal of strength by food. Yet that summons, instead of cheering you, does but make the burden of your misery heavier.

Sullenly and heavily, in the endless line, you tramp into the huge, comfortless hall, with its hideous tables and benches, and as you pass up the aisles you glance abhorrently at the dirty scraps and masses of provender dumped carelessly out of noisome buckets by the filthy hands of the servers upon plates still rough and foul with the hardened grease of foregoing meals. You are faint for lack of nourishment, yet the sight of what is provided, and the unclean smell of it, nauseate instead of inviting you. Eat you must, if you would live and have strength to work, yet if you eat you invite sickness and suffering, and if you could eat all, and assimilate it, you would still leave the table but half fed.

Every tyro in physiology knows the effect upon the general organism of dejection and resentment at meals. Prisoners more than men in any other condition need abundance to eat and good cheer while eating; but the food they get, and the circumstances in which they get it, causes them to degenerate physically, and the body affects the mind. Physical disease breeds the disease of evil thoughts and impulses. Criminals might be generated by prison food alone, without taking account of their previous records and future prospects.

We of Atlanta penitentiary used to hear occasionally of the bills-of-fare of our repasts in the prison that were daily forwarded to Washington, by way of reassuring the Department of Justice, and whom else it might concern, as to the substance and excellence of our nourishment. These alimentary documents might be compared with like lists at Delmonico's and the Waldorf, and the names of the viands would be found to be identical. The inference, to the legal mind, not to speak of the penological one, was plain: the convicts at the penitentiary fared as sumptuously as do the banqueters of the Four Hundred—at no cost, moreover, to themselves, not even waiters' tips.

For here were rich soups and gravies, substantial roast beef, succulent steaks and chops, the renowned baked beans of legend, comforting hashes, pies and puddings, fresh vegetables, including the famous sweet potato of the South in its pride; and long draughts of milk from the tranquil cows of the pasture, together with tea and coffee from the Orient, sugar, mustard, salt and pepper and vinegar, enough to beguile the most squeamish appetite, and, to top off with, fruits in their season, led by the incomparable Georgia watermelon. I may have inadvertently omitted some items from this toothsome list, but it is enough as it stands to make an epicure's mouth water. And if any skeptic were still unconvinced, a photographer would be admitted with his undeniable camera at certain seasons—Christmas and Fourth of July, for example—who would place a picture of the revelry and the revelers on the everlasting records, with garlands and festive decorations, and actual dishes of some sort on the groaning boards, and serried rows of plump felons ready to fall to.

The fame of all this went forth into the world, and Atlanta Penitentiary, its warden, its guards, and its cooks shine in penal annals as the acme and ideal of modern humanitarian ideas upon the reclamation of convicts through gentleness and love, and a full stomach.

I found opportunity to study some of these historic scrolls, and was so much impressed by them that I caused a suggestion to be conveyed to the warden. Instead of sending all the menus to Washington, and to admiring friends in the Atlanta neighborhood, let one or two of them be placed at each meal upon the tables of the diners, to the end that they might be stimulated, by the perusal of these literary masterpieces, to choke down their gullets the actual garbage which was furnished in the name thereof. But the warden's views seem not to have been in harmony with mine on this occasion. I am glad to learn, however, from certain graduates of the institution since my own departure from it, that the food has greatly improved in quantity and somewhat even in quality, since these chapters began to appear in newspapers.

I need not attempt to fathom the reason. If it were incomparable before, why or how better it?

It could hardly have been done at the instance of the old and warm personal friend of the warden and the Attorney-General who was sent to Atlanta recently in the guise of a Spartan inspector of the alleged abuses; because, for one thing, the improvement had set in long before he made his investigation, and the investigator, in his report, appears to have discovered no room for improvement anywhere. It must have just happened—one of those miracles in the way of gilding refined gold and painting the lily which are so common nowhere else as in our model penal institutions.

I had ample opportunity to study the subject personally while a guest at the prison table, and to compare my impressions with those of my fellow prisoners, as well as to enlarge them by conferences with persons employed in the kitchen and commissary department. Men who had served in other prisons—and their combined experiences covered a great many—were unanimous and emphatic in declaring that the table at Atlanta was the worst they had ever known, not only as to scantness of supply, but as to the unwholesomeness or positively poisonous quality of the food furnished. But let me tell a little of what I saw and knew myself.

When the change was made from long tables and benches to tables seating eight and chairs, it was announced that table cloths would also be supplied, and napkins. That was two or three years ago, but table cloths have not yet appeared, and the eaters still wipe their mouths on the backs of their hands in the good old way. Pepper and salt were on the table, and a bottle of something that looked like beer and was supposed to be vinegar, but was sampled only by the more reckless or inexperienced convicts. Sugar was not provided except on rare occasions, and to "diet" prisoners—men who were restricted to bread and milk and oatmeal. Some beverage that dishonored the name of tea was served about once a fortnight; a brown, semi-transparent rinsing of dirty kettles, sugarless, thin and bitter, called coffee, came every day; but if your stomach rejected either of these, you could fill up on plain water.

The latter, however, like the "diet" milk and oatmeal and the drinkables generally, had to be taken out of metal mugs covered with white enamel, minute particles of which chipped off and mingled with what you drank. These particles were hard and sharp, like pure glass, and they cut and lodged in the intestines, causing, with other things, an excessive predisposition to appendicitis—a frequent disease in the penitentiary. This was also promoted by the bread, which was made of the poorest grade of white flour, without nourishing quality, the value per loaf being about two cents; the flour was ground in steel mills, and microscopic particles of steel were rubbed off into it—this fact I had from a physician who had examined it. The flour, when received at the prison, was frequently full of weevils, most of which but not all were sifted out before it was used. The bread was tasteless and light; it was baked in large quantities, and what was not consumed by the prisoners was sold outside.

It is not provided in the prison regulations that officials shall be fed at the expense of the prisoners. Nevertheless, a separate and superior grade of flour is purchased at government expense, and is used to make bread which is given to the officials; the loaves are placed in the outer corridor, and are taken away by guards and others every day. Separate cooks are also assigned to prepare the officials' food on the prison ranges; the meats and vegetables are of a grade much better than is supplied to prisoners; but some favored prisoners participate in their consumption. The higher officials have the best food the market affords and in such ample abundance that certain prison pets, usually negroes, get their main subsistence from the surplus.

The beef given to prisoners was of the third grade—the worst on the market—it is cow or bull beef, never heifer or steer, and often it is rotten, and must be treated chemically before being offered even to prisoners. It used to come on the table in gristly and bony gobbets, after having lain on the kitchen ranges for hours, until it was reduced to a hardness which resisted all but the most efficient and vigorous teeth (which, except with negroes, are rare in prison). I used to compare these "steaks" and other pieces with old blackened boot heels; they were hardly less eatable and nourishing. Often it smelt so that nature rebelled against it; but complaints were liable to be met by committal to the solitary cells.

But groups of visitors used to appear in the dining room occasionally; they were lined up along the wall adjoining the door, and were not allowed to walk between the tables, so that the only food they could see was what was put on the tables nearest the door; and this was always of a quality superior to the rest, and there was more of it per man. It was one of the little tricks employed to maintain the entente cordiale, by which the prisoners who sat at those tables benefited, and the visitors went forth to sing the praises of our warm hearted warden. On the days when the bread was sour or the meat stank, visitors were headed away from the dining room, and their attention directed to more important matters.

The hash, which often made the breakfast, was composed of fragments of gristle and refuse left on the prisoners' plates after dinner, mixed with potatoes and rancid grease; this, and the soups and gravies, which had a similar origin, gave out a most nauseating smell. The men would gulp it down—it was that, or starve—trying to help it on its way with all the condiments they could lay hands on; but the effect of it, and of the food generally, upon the digestive tract was so disastrous in most cases that they might better have left it alone. I myself retired from the enterprise in my second or third week, and would have literally died of inanition had not the doctor, moved by I know not what suggestion (not mine), put me on the milk and oatmeal diet during the remainder of my sojourn. This applied for breakfast and supper; I sat at dinner, but satisfied myself with nibbling bread crusts, and witnessing the forlorn and perilous efforts of my friends to walk the line between starvation and acute indigestion. Not many were successful.

For vegetables we had Irish and sweet potatoes, turnip tops (uneatable), black-eyed beans, bitter and greasy, and once a month, perhaps, a tomato. The butter was made of an inferior quality of lard, and cottonseed oil—a substance which entered into many other of our viands, and of which, with grease, it was calculated by an expert in the kitchen, we were offered as much as one pound per man every day. It produced a calamitous effect upon the digestive tract, inasmuch as there was hardly a white man in the prison who did not suffer chronically from stomach troubles—constant suffering, often becoming acute. The strongest digestions would resist for a while, but finally succumb.

There was a poultry farm on the grounds, donated by outside benefactors specifically and exclusively for the benefit of prisoners, beginning with the tuberculous patients. After it got going, there may have been an average of six hundred fowls on the place. Of these, not one ever appeared on the prison tables. With the exception of a possible few that were stolen by prisoners having access to the yard, all were appropriated by higher officials, and the eggs as well.

One official gave frequent dinner parties to his friends, and was said to use as many as five or six chickens a day, though I cannot vouch for that—it seems excessive. He certainly, sometimes, commandeered as many as fourteen or more at one time. There was a story of a great cake which he had made for some festival, into the composition of which entered one hundred and four eggs from our farm. To neither chickens nor eggs had he, of course, any title more legitimate than have you who read these lines. He had a large and hungry household, and many guests—among them, commonly, such government inspectors as were sent down from Washington, to see whether he and his fellow officials were honestly discharging their functions.

As for the tuberculous patients, I was never able to find any of them who had eaten chicken from the farm, or any part of one. Some chicken soup was at one time ordered for a patient by the doctor; a prisoner (a famous physician), a deputy of the doctor, happened to be at the tuberculosis camp when the soup arrived from the kitchen. It consisted of some warm water with the shank—not the drumstick, but the shank and foot—of a fowl in it. This aroused his interest, and twice again he was present when a chicken soup prescribed appeared at the camp. On both occasions—he stands ready so to testify under oath—he found the same foot and shank in it, but nothing else recalling chicken. The foot was identified by an imperfection in one of its toes.

Eggs were indeed provided for the hospital prisoners (never for the general mass), but they were cold storage eggs, the cheapest grade that could be bought in the market, and that is saying much for this sort of product nowadays. Out of one mess of eight that were served in the hospital, and of which I gained authentic news from the prisoner physician already referred to, six were bad. I am informed that these notes and comments of mine are not permitted to be read by the prisoners; but perhaps the original donors of the poultry farm may see them, and be prompted to inquire into their accuracy. Let us return to the dining room.

Sweet potatoes abound in the South, and subsistence upon them exclusively would reduce the cost of living; the only trouble is that the human stomach refuses to cooperate in this economy. Sweet potatoes were served at Atlanta during the season three times a day, baked, boiled and in pies; the men were hungry enough, and the supply of potatoes was adequate; but had they been of the finest instead of the worst quality in the market, the experiment would have failed; starvation proved preferable; we could not get them down. That soft, slimy sweetness, foul with dirt and often tainted with decay, reappearing day after day at every meal for weeks on end, outdid endurance, nor could we be stimulated by the argument that the Government was saving money by it. Had the sweet potato season lasted the year round, the warden would have lost his job from mere dearth of prisoners to earn his salary on.

I do not forget the corn, either; it was of the brand fed to farm animals; but this enumeration becomes monotonous. We had apple pies once a week or so; and I was told by an employee in the kitchen, who had been a farmer in his time, that the apples were such as could be bought at a dollar a barrel, and that the charge appearing in bills submitted to the Government was five dollars. The quality of the apples in the pies supports my informant's contention. As for the watermelons—a benefactor of the prisoners bought a consignment of them sufficient for the prison population, to be eaten on the Fourth of July, 1913. The contract was for the best melons obtainable; and Georgia is famous for good melons. A day or two before the Fourth, the benefactor called at the prison, and asked to see the melons, which had been delivered some time before. Examination showed them to be of an inferior grade, such as farmers used for cattle and poultry. It was too late, however, to get a fresh supply, and the benefactor had the mortification of seeing the kindly meant gift dishonored. It is pertinent, here, that there is said to be an individual in Atlanta not officially connected with the penitentiary who is commissioned to make all purchases for the prison—food, tobacco, and other supplies. He buys the stuff, and hands in his bills; but the bills he pays are not submitted. It is conceivable that there may be a discrepancy between the two amounts, and it might be interesting to learn whether he alone benefits by it.

Guards walk up and down the aisles between the tables, during meals, to keep order and also to attend to complaints or requests from prisoners. There is also the man in the window with the loaded magazine rifle, ready to settle any complaints that become too insistent. The common protest is against the badness of a specific piece of food, or against some example of dirt. The former seldom get relief; in the latter case, the dish or cup is sometimes changed.

A prisoner at my table called the guard's attention to a quid of tobacco which had got into his soup. The guard, who was of a humorous turn, replied, smiling, "Well, you use tobacco, don't you?" and passed on. This was the same guard who assaulted and clubbed a prisoner whom he was taking downstairs, as described in a previous chapter. On another occasion, a prisoner complained that there was a beetle in his hash. An examination was made; but whether the beetle was alive and got away, or whether the prisoner himself had "bugs," as the slang is, at any rate the examiners reported no beetle. The matter was then brought before the authorities, who ordered the complainant to the dark hole.

Another day, following some months of constant deterioration in the food, and diminution in the quantity of it, a dinner of hash and bread was served, and both bread and hash were sour. The air of the room was full of the sour smell; the captain came down the aisle near mine, and a prisoner had the boldness to stop him and hold up his plate. "It's sour, Captain!" said he. The captain looked the man in the eye and replied sternly, "It is not sour!" "But, Captain—" "I say it is not sour!" the other repeated with a threatening look. It was either submit, or the hole; the man sat down.

But a few minutes later, some one hissed; before he could be identified, hisses came from every part of the room. It was a critical juncture. The captain ordered the band to play, and play it did at the top of its compass; but the hissing was audible and continued through the playing. Presently the men got up and began to march out; it was then that a group of guards from the smoking room below came running up the stairs armed with clubs and revolvers and tried to get through the barred door at the stair head, but were checked by the captain, who was a wise tactician. The men went to their cells, and there began to howl and screech like a crazy menagerie, and kept it up for hours. Twenty or thirty of the supposed ringleaders were sent to the dark holes; but the revolt was not checked until the warden personally promised reforms, and gave his word that no further punishments should be inflicted—fair promises, made to be broken.

The dining room windows were protected by wire netting; but there were many holes in it, as large as a man's head, through which the flies, in summer, entered in swarms; and there was no provision for keeping them out of the kitchen, which opened into the dining room. Complaints were constantly made, but the holes were never mended, and no means were taken to kill the flies. Food sometimes was placed on the tables hours before the men sat down to their meals, and the flies, not having the same delicacy of appetite as the men, feasted freely in the meanwhile. There was also frequent protest against the bits of loose enamel in the bowls; many of these were made direct to the doctor; but he did nothing. If a man whose digestion had given way called on him for help, a dose of salts was the only reply, and several deaths, while I was there, unquestionably had their beginning in this neglect. Upon the whole, contentment with starvation was the most prudent policy in Atlanta Penitentiary.

I am not a sybarite or an epicure. For fifteen years before I was sent to prison I lived on the hardest and most Spartan diet, eating as little food as possible and that of the simplest kind. Wheat, milk, a few green vegetables, and fruit made my menus. I was therefore better fortified against hardships than the majority of prisoners; I could hold out against starvation longer; but against the poison of rotten or bad food I had no protection.

The wardens and the chief clerks of prisons often wish, for motives of their own, to make an economical showing, and perhaps do not much care if it is made at the expense of the health or lives of prisoners. Some friends of mine in Atlanta prison and myself made an attempt to determine just what was paid out per man in the prison for subsistence; we quietly obtained statements from men in the kitchen and commissary departments, and made our calculations. After careful revision, the figures showed that we were being fed at the rate of from eight to eleven cents per head, a day.

About that time, a great scientific discovery was announced by the chief steward. Food, he had been informed, contained a certain amount of heat and power; and these heat units, called calories, could be estimated for any given article of diet. (As I write this, an editorial on the subject in a recent issue of a New York newspaper states the matter in terms which I am happy to reproduce.) "Physiologists have determined by repeated experiments that a definite quantity of certain foods furnishes a definite number of calories or heat units, which produce a certain quantity of energy in the animal or human body.... In twenty-four hours a normal man of about one hundred and thirty pounds at rest, needs 1680 calories or heat units, while a man doing severe physical labor would require sufficient food to produce 3000 calories.... Since the efficiency of labor depends upon the energy of the body and this energy or power is produced by the food, it is not difficult to calculate the actual outlay required for this purpose.... The household requirements of a family where two servants are kept would at this rate be from $1.00 to $1.40 a day, a sum sufficient to furnish all the energy for all purposes of normal maintenance."

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