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HABEAS CORPUS SUSPENSION (IRELAND) ACT
(WATERFORD GAOL.)
RETURN to an Order of the Honourable House of Commons,
dated 20 March 1866 /or,
COPIES of any Letters, addressed by the Stipendiary Magistrate and Local
Inspector of Prisons at Waterford, to the Inspectors-General of Prisons
on any one connected with the Executive Government in Ireland, as to
the treatment of the Prisoners confined in the Gaol of Waterford
under the Habeas Corpus Suspension (Ireland) Act."
" And, of the Replies to the same."
Local Inspector of Gaol to Inspector General of Prisons.
Gentlemen^ Waterford Gaol, 20 February 1866.
Yesterday two prisoners, Joseph Hyland, commonly called Captain Hyland
(88th Regiment United States Army), and Francis Foran (who had some time
ago apphed for the situation of turnkey in this Gaol), were committed for
swearing in Fenians, and being otherwise active members of the conspiracy;
and, in addition to these, I expect, indeed am confident, that two or three others
win be this day lodged in gaol, and that warrants are out for more. Under
these circumstances, the Governor has applied to me to know whether prisoners
committed under the suspension of the Habeas Corpus Act for no definite period,
and awaiting Her Majesty's pleasure, should be treated as convicted prisoners,
that is, given the Gaol allowance of food and the Gaol clothing. At present
they are receiving food from the outside, and are clothed in their own garments,
and this is attended with much inconvenience and some danger to the disciphne
of the prison, as though every precaution is taken, articles may be introduced
into the gaol very objectionable, such as pencils, penknives, &c. One of the
former was yesterday found in the cell of prisoner J. Dillon, a Fenian Head
Centre, and a scrap of paper written on to his vnfe, and I have strong suspicions
the pencil was conveyed in a piece of bread, though it was well examined at the
gate
The Governor and myself would feel much more easy if these prisoners were
treated as convicted men, when such instances as quoted above could not take
place.
I am, &c.
(signed) Emanuel Roberts.
Local Inspector.
Inspector-General of Prisons to Local Inspector.
Sir, 21 February 1866.
In reply to your letter of the 20th instant, I am directed by the Inspectors-
General of Prisons to apprize you that they have communicated vrith the Law
Adviser, who is of opinion that prisoners committed to your Gaol by virtue of
warrants under the Suspension of the Habeas Corpus Act, are to be treated as
untried prisoners, and to be permitted to provide themselves vdth diet, if able
and willing to do so, and that they are not in any case to be compelled to wear
the prison clothing.
I am, &c.
(signed) John W. Gregg.
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