§ 70. Sir WILLIAM BYLESasked whether a convict attempting to escape from Dartmoor prison a fortnight ago was shot down and seriously wounded by a warder; 2084 what is the condition of the man now; is he still alive; and what is the law which empowers a servant of the prison in these circumstances to fire at a prisoner in the open field?
§ Mr. McKENNAOn 31st of October an attempt to escape from custody was made by two convicts belonging to a party who were taking shelter from a storm. A civil guard pursued them, and after repeatedly calling on them to stop, and finding they were gaining on him, he fired at their legs. One of the two was slightly wounded, and attacked the guard with an iron bar which he carried with him in his attempt to escape, but was secured without further injury. The other received three pellets in the body, and was taken to hospital in an ambulance. He is reported to be making favourable progress towards recovery. Under the Common Law it is the duty of a prison officer to do whatever may be necessary to prevent the escape of a felon, and he may use firearms if the escape cannot otherwise be prevented. In this case an inquiry into the facts shows that the officer did no more than his duty as laid down in the Standing Orders for Convict Prisons