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Prior
to the construction of Maitland Gaol in the 1840's the
facilities for holding prisoners in Maitland before transfer to
Newcastle gaol were appalling.
Missionary James Backhouse wrote of the
gaol after he visited Maitland in July 1836:
After calls for a new gaol, a facility
was constructed a hill overlooking East Maitland. The site commanded a fine view over the country for miles
around.
The first stage was constructed by contractors
Messrs. Brodie and Craig who were under the
superintendence of colonial architect
Mortimer Lewis
Esq., the architect responsible for numerous
constructions in New South Wales, including
five other prisons as well as eleven courthouses and
the Tarban Creek Lunatic Asylum. His son Mortimer
William junior was also employed in the Colonial
architect's department and in 1848 was appointed
Clerk of Works on the breakwater at Newcastle. He married Ellen, a daughter of
Dr. Stacy in
December 1847 at Newcastle.
In
1845 the sum of £1000 was voted in Council towards
completing the gaol. Alterations to the original plan were suggested at
this time.
Instead of wings
with many solitary cells and no yards attached it
was proposed to have a number of smaller buildings
with separate yards for classification. The Colonial
Architect agreed that the range of cells could be
shortened by one half and two wings which might be
curtailed so as to admit of their being completed
for about £5000. By putting five persons in a cell
the gaol would hold three hundred prisoners. In 1847, the Government expected to
contribute another £2,500 towards the construction of the
new gaol.
The foundation
stone had been laid at 10am on the 16th February
1844 near the north-west corner of the enclosure
within the walls. Very few people turned up for the
ceremony owing to the showery day and short notice
and
Edward Denny Day was assisted in laying the
stone by just a few men. Several coins of the reigns
of George III, George IV, William IV and Queen
Victoria, together with an inscription were placed
in a bottle, sealed up, and deposited within the
stone. The inscription read:
ON THE 16TH DAY OF
FEBRUARY,
IN THE YEAR OF OUR
LORD
1844,
IN THE SEVENTH YEAR
OF THE REIGN OF
HER MOST GRACIOUS
MAJESTY QUEEN VICTORIA,
AND
IN THE SIXTH YEAR
OF THE
ADMINISTRATION OF THE GOVERNMENT
OF
NEW SOUTH WALES
BY
HIS EXCELLENCY SIR
GEORGE GIPPS,
THE FIRST STONE OF
THIS GAOL WAS LAID BY EDWARD DENNY DAY, ESQUIRE,
POLICE MAGISTRATE
OF
MAITLAND
MORTIMER WILLIAM
LEWIS, ESQUIRE
COLONIAL ARCHITECT(1)
On 30th December
1848 the prisoners confined in
Newcastle Gaol numbering about forty and
accompanied by gaol keeper
William Tristram and his
turnkeys and watchmen, were loaded onto the Steamer
at Newcastle wharf to be transferred to the new gaol
at Maitland. Maitland Gaol had been declared the
gaol for the Northern Circuit District a few days
previously.
On arrival in
Morpeth a few hours later the prisoners were transferred to Maitland
where they would have been ushered to the walls of the gaol that enclosed
an area about 300 feet square.
On entering
the compound they would have been confronted with a
substantial building giving the impression of vast
strength; a solid building made from the best and
most durable stone in the neighbourhood. The stones
were dovetailed into each other in such a manner
that to escape a prisoner would have to cut through
the solid stone wall, the outer wall being 2 1/2
feet thick. From the outside the prisoners would
probably have observed the roof of slate and the
large, handsome, vertical ironed windows that opened
from inside passages. (to allow breezes on a hot
day). In the yard they would have noticed the space
120' x 36' between the new wing and the outer wall
(fenced off for an exercise yard) and other
temporary sheds, store houses and loose rejected
stones spread about the yard where soon other
buildings would be constructed. Perhaps the gallows,
which had arrived the previous day from Newcastle
were also on view in this area.
One wing of the
intended buildings within the gaol walls had been
completed. It was 108 feet long by 40 feet wide and
contained 28 cells. When the prisoners were
moved to the interior of the wing they were
confronted with cells measuring 12 feet by 8 feet.
Two smaller cells 5' x 8' were intended for
condemned prisoner cells. The cells were arranged in
a similar manner to other prisons, with 7 cells on
the ground floor on each side of a 15'
passage; and 7 cells on each side of the second
story; a stone walk or parapet 3' and with an iron
railing ran past the doors of the upper
cells. A stone staircase led up to these parapets.
Each cell was considered sufficient to house five
prisoners.
For ventilation, a
perpendicular tube was cut out of the middle of the
solid stone outer wall of each cell and in addition
there were two open windows of 6" at the top of each
cell. There was a circular opening at the outer
corner of the floor of each cell opening direct to
the outer air to allow the escape of water. Each
cell had two doors, the inner one of open bars of
iron and outer of hardwood sheeted with iron.
The ceilings and
floors were of large stones 1' thick, the
ceilings strengthened by iron girders, the floors on
dwarf walls so that they would not become wet or
damp.
The prisoners were
moved from Newcastle gaol before the new gaol was
completed as the Newcastle gaol was considered so
insecure that it was imperative that the prisoners
be removed at the earliest moment. Still to be
finished on this first wing was the entrance area
and rooms and bedrooms for the turnkeys. The
turnkeys' room was to have a window overlooking the gaol yard and two open slits to be provided with
shutters looking into the interior passage of the
gaol.
Also still to be
completed was a stone kitchen near the
turnkeys end of the wing, a wing for female
prisoners and a lodge on each side of the entrance
gateway. The prison was also without a well or
water catchment system within the walls.
Joining the newly
arrived prisoners from Newcastle in the gaol in the
first few days were Joseph Sullivan a shepherd
employed by
John Bingle who had been sentenced to
three months in prison for a breach of the Masters &
Servants Act and John Smith a cook employed by
William McDonald who was sentenced to 14 days in the
new cells.
It was recorded in
the Government Gazette on 2nd January that Edward
Denny Day was to be appointed visiting magistrate
and
Dr. William Wilton surgeon at the new gaol. (Major James Crummer who had previously been
stationed in Newcastle replaced Edward Denny Day as
Magistrate at the gaol in 1849).
With no kitchen,
no nearby water and far less chance of escape, it is
hard to imagine the prisoners being as enamoured of
the gaol as others in the town who considered it
would stand in comparison 'with any building in the
colony not excepting the new Victoria Barracks in
Sydney'.
THE
EXECUTION OF GEORGE WATERS WARD 1849
'On Monday morning George Waters Ward,
convicted at the late Maitland Circuit Court of the murder
of Richard Connelly, was executed inside the walls of the
Maitland gaol, in the presence of several hundred persons,
including a great number of children, and some women.
About five minutes past nine o'clock Ward
was brought out from the gaol into the yard accompanied by
the Rev. Mr. Rusden (who had been with him since six
o'clock that morning), C. Prout, Esq., the Under Sheriff,
E.D. Day, Esq., Dr. Wilton, Mr. Tristrem, and others. The
Rev. Mr. Rusden read prayers, in which Ward joined with
apparent fervour. Having reached the scaffold, Mr. Rusden
knelt down with the unfortunate man, and passed some
minutes in prayer, Ward audibly joining in the responses.
About twelve minutes past nine Ward mounted
the scaffold, Mr. Rusden still accompanying him, and the
executioner following. On reaching the platform Ward
called out in a clear firm voice, 'Good bye, Mr. Tristem,
God bless you, and you all', looking round on the crowd.
Having engaged in prayer with Mr. Rusden for a minute or
two, Ward addressed the crowd assembled nearly as follows:
"My friends, I am going to die this day, and I hope that
you will take warning by me and keep from drink, and that
if any of you ever give evidence in a court of justice you
will speak the truth. I am not going to accuse any one,
but I will only say that some spoke the truth on my trial,
and some spoke false. I die in peace with all the world,
and in the hope of a better life. I pray for you all, and
hope you will all take warning by my example".
The executioner then fastened the rope
round Ward's neck, and put a white cap over his head and
face, during which Mr. Rusden continued praying and Ward
joining with him. Mr. Rusden then left the scaffold, and
the bolt being drawn, the wretched man fell, and died
after struggling convulsively for a few minutes. Ward's
bearing on the scaffold was firm and composed throughout'
Maitland Mercury 21 March 1849
(1)
17February 1844
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