CHAPTER IV

ALWAYS THE “INJURED INNOCENT”!

While what we have termed Political Feminism vehemently asserts

its favourite dogma, the intellectual and moral equality of the

sexes—that the woman is as good as the man if not better—Sentimental

Feminism as vehemently seeks to exonerate every female criminal, and

protests against any punishment being meted out to her approaching

in severity that which would be awarded a man in a similar case. It

does so on grounds which presuppose the old theory of the immeasurable

inferiority, mental and moral, of woman, which are so indignantly

spurned by every Political Feminist—_i.e._ in his or her capacity as

such. We might suppose, therefore, that Political Feminism, with its

theory of sex equality based on the assumption of equal sex capacity,

would be in strong opposition in this matter with Sentimental Feminism,

which seeks, as its name implies, to attenuate female responsibility on

grounds which are not distinguishable from the old-fashioned assumption

of inferiority. But does Political Feminism consistently adopt this

logical position? Not one whit. It is quite true that some Feminists,

when hard pressed, may grudgingly concede the untenability on rational

grounds of the Sentimental Feminists’ claims. But taken as a whole, and

in their practical dealings, the Political Feminists are in accord with

the Sentimental Feminists in claiming female immunity on the ground of

sex. This is shown in every case where a female criminal receives more

than a nominal sentence.

We have already given examples of the fact in question, and they could

be indefinitely extended. At the end of the year 1911, at Birmingham,

in the case of a woman convicted of the murder of her paramour by

deliberately pouring inflammable oil over him while he was asleep,

and then setting it afire, and afterwards not only exulting in the

action but saying she was ready to do it again, the jury brought in

recommendation to mercy with their verdict. And, needless to say, the

influence of Political and Sentimental Feminism was too strong to allow

the capital sentence to be carried out, even with such a fiendish

wretch as this. In the case of the Italian woman in Canada, Napolitano,

before mentioned, the female franchise societies issued a petition

to Mr Borden, the Premier of Canada, in favour of the commutation of

sentence. The usual course was adopted in this case, as in most others

in which a woman murders a man—to wit, the truly “chivalrous” one of

trying to blacken the character of the dead victim in defence of the

action of the murderess. In other cases, more especially, of course,

where the man is guilty of a crime against a woman, when mercy is

asked for the offender, we are pitifully adjured to “think of the poor

victim.” As we have seen, Lord Haldane trotted out this exhortation in

a case where it was absurdly inappropriate, since the much-commiserated

“victim” had only herself to thank for being a “victim,” and still more

for remaining a “victim.” We never hear this plea for the “victim”

urged where the “victim” happens to be a man and the offender a woman.

Compare this with the case of the boy of nineteen, Beal, whom Mr

M‘Kenna hanged for the murder of his sweetheart, and that in the teeth

of an explanation given in the defence which was at least possible,

if not probable, and which certainly, putting it at the very lowest,

introduced an element of doubt into the case. Fancy a girl of nineteen

being convicted, whatever the evidence, of having poisoned her paramour

or even if, _per impossibile_, she were convicted, fancy her being

given more than a short term of imprisonment! A man murdered by a woman

is always the horrid brute, while the woman murdered by the man is just

as surely the angelic victim. Anyone who reads reports of cases with an

unbiassed mind must admit the absolute accuracy of this statement.

Divine woman is always the “injured innocent,” not only in the graver

crimes, such as murder, but also in the minor offences coming under the

cognisance of the law. At the Ledbury Petty Sessions a woman in the

employment of a draper, who had purloined goods to the amount of £150,

was acquitted on the ground of “kleptomania,” and this notwithstanding

the fact that she had been in the employment of the prosecutor for over

five years, had never complained of illness and had never been absent

from business; also that her landlady gave evidence showing that she

was sound in mind and body. At the very same sessions two men were

sentenced respectively to eight and twelve months’ imprisonment for

stealing goods to the value of £5! (_John Bull_, 12th November 1910).

At this point I may be permitted to quote from the article formerly

alluded to (_Fortnightly Review_, November 1911, case taken from a

report in _The News of the World_ of 28th February 1909): “A young

woman shot at the local postman with a revolver; the bullet grazed his

face, she having fired point blank at his head. Jury returned a verdict

of not guilty, although the revolver was found on her when arrested,

and the facts were admitted and were as follows:—At noon she left her

house, crossing three fields to the house of the victim, who was at

home and alone; upon his appearing she fired point blank at his head;

he banged to the door, and thus turned off the bullet, which grazed

his face and ‘ploughed a furrow through his hair.’ She had by her when

arrested a revolver cocked and with four chambers undischarged.”

Let us now take the crime of violent assault with attempt to do bodily

injury. The following cases will serve as illustrative examples:—From

_The News of the World_, 9th May 1909: A nurse in Belfast sued her lost

swain for breach of promise. _She obtained £100 damages although it was

admitted by her counsel that she had thrown vitriol over the defendant,

thereby injuring him, and the defendant had not prosecuted her!_ Also

it was admitted that she had been “carrying on” with another man.

From _The Morning Leader_ of 8th July 1905 I have taken the following

extraordinary facts as to the varied punishment awarded in cases of

vitriol-throwing: That of a woman who threw vitriol over a sergeant at

Aldershot, and was sentenced to six months’ imprisonment without hard

labour while a man who threw it over a woman at Portsmouth was tried

and convicted at the Hants Assizes, on 7th July 1905, and sentenced

by Mr Justice Bigham to twelve years’ penal servitude! As regards the

first case it will be observed that, (notwithstanding a crime, which in

the case of a man was described by the judge as “cowardly and vile”

and meriting twelve years’ penal servitude) the woman was rewarded by

damages for £100, to be obtained from the very victim whom she had done

her best to maim for life (besides being unfaithful to him) and who had

generously abstained from prosecuting.

But it is not merely in cases of murder, attempted murder or serious

assault that justice is mocked by the present state of our law and its

administration in the interests of the female sex. The same attitude is

observed, the same farcical sentences on women, whether the crime be

theft, fraud, common assault, criminal slander or other minor offences.

We have the same preposterous excuses admitted, the same preposterous

pleas allowed, and the same farcical sentences passed—if, indeed, any

sentence be passed at all. The following examples I have culled at

random:—From _John Bull_, 26th February 1910: At the London Sessions,

Mr Robert Wallace had to deal with the case of a well-dressed woman

living at Hampstead, who pleaded guilty to obtaining goods to the

amount of £50 by false pretences. In explanation of her crime it was

stated that she was under a mistaken impression that her engagement

would not lead to marriage, that she became depressed, and that she

“did not know what she said or did,” while in mitigation of punishment

it was urged that the money had been repaid, that her fiancé could

not marry her if she were sent to gaol, and that her life would be

irretrievably ruined, and she was discharged! From _The Birmingham

Post_, 4th February 1902: A female clerk (twenty-six) pleaded guilty to

embezzling £5, 1s. 9d. on 16th November, £2, 2s. 4d. on 21st December

and £5, 0s. 9d. on 23rd December last, the moneys of her employer.

Prosecuting counsel said prisoner entered prosecutor’s employ in

1900, and in June last her salary was raised to 27s. 6d. a week. The

defalcations, which began a month before the increase, amounted to

£134. She had falsified the books, and when suspicion fell upon her

destroyed two books, in order, as she thought, to prevent detection.

Her counsel pleaded for leniency on the ground of her previous good

character _and because she was engaged_! The recorder merely bound her

over, stating that her parents and young man were respectable, and so

was the house in which she lodged! A correspondent mentions in _The

Birmingham Post_ of February 1902 a case where a woman had burned her

employer’s outhouses and property, doing £1800 worth of damage, and got

off with a month’s imprisonment. On the other hand, the _same_ judge,

at the _same_ Quarter Sessions, thus dealt with two male embezzlers:

C. C. (twenty-eight), clerk, who pleaded guilty to embezzling two sums

of money from his master in August and September of 1901 (amounts

not given), was sent to gaol for six calendar months; and S. G.

(twenty-four), clerk, pleaded guilty to embezzling 7s. 6d. and 3s. For

the defence it was urged that the prisoner had been poorly paid, and

the recorder, hearing that a gentleman was prepared to employ the man

as soon as released, sentenced him to three months’ hard labour! O

merciful recorder!

The “injured innocent” theory usually comes into play with magistrates

when a woman is charged with aggravated annoyance and harassing of

men in their business or profession, when, as already stated, the

administrator of the law will usually tell the prosecutor that he

cannot interfere. In the opposite case of a man annoying a woman under

like circumstances he invariably has to find substantial sureties for

his good behaviour or go to gaol. No injured innocence for him!

There is another case in which it seems probable that, animated by

the same fixed idea, those responsible for the framing of laws have

flagrantly neglected an obvious measure for public safety. We refer to

the unrestricted sale of sulphuric acid (vitriol) which is permitted.

Now here we have a substance subserving only very special purposes

in industry, none in household economy, or in other departments,

save for criminal ends, which is nevertheless procurable without let

or hindrance. Is it possible to believe that this would be the case

if men were in the habit of using this substance in settling their

differences with each other, even still more if they employed it by way

of emphasising their disapproval of the jilting of sweethearts? That it

should be employed by women in wreaking their vengeance on recalcitrant

lovers seems a natural if not precisely a commendable action, in the

eyes of a Sentimental Feminist public opinion, and one which, on the

mildest hypothesis, “doesn’t matter.” Hence a deadly substance may be

freely bought and sold as though it were cod-liver oil. A very nice

thing for dastardly viragoes for whom public opinion has only the

mildest of censures! In any reasonable society the indiscriminate sale

of corrosive substances would in itself be a crime punishable with a

heavy term of imprisonment.

It is not only by men, and by a morbid public opinion inflamed by

Feminist sentiment in general, that female criminals are surrounded

by a halo of injured innocence. The reader can hardly fail to notice

that such women have the effrontery to pretend to regard themselves in

this light. This is often so in cases of assault, murder or attempted

murder of lovers by their sweethearts. Such is, of course, particularly

noticeable in the senselessly wicked outrages, of which more anon.

The late Otto Weininger, in his book before quoted, “Geschlecht und

Charakter” (Sex and Character), has some noteworthy remarks on this,

remarks which, whether we accept his suggested theory or not, might

well have been written as a comment on recent cases of suffragette

crimes and criminals. “The male criminal,” says Weininger, “has from

his birth the same relation to the idea of value [moral value] as any

other man in whom the criminal tendencies governing himself may be

wholly absent. The female on the other hand often claims to be fully

justified when she has committed the greatest conceivable infamy. While

the genuine criminal is obtusely silent against all reproaches, a woman

will express her astonishment and indignation that anyone can doubt

her perfect right to act as she has done. Women are convinced of their

being in the right without ever having sat in judgment on themselves.

The male criminal, it may be true, does not do so either, but then he

never maintains that he is in the right. He rather goes hastily out

of the way of discussing right and wrong, because it reminds him of

his guilt. In this fact we have a proof that he has a relationship to

the [moral] idea, and that it is unfaithfulness to his better self

of which he is unwilling to be reminded. No male criminal has ever

really believed that injustice has been done him by punishment. The

female criminal on the other hand is convinced of the maliciousness

of her accusers, and if she is unwilling no man can persuade her that

she has done wrong. Should someone admonish her, it is true that she

often bursts into tears, begs for forgiveness and admits her fault;

she may even believe indeed that she really feels this fault. Such is

only the case, however, when she has felt inclined to do so, for this

very dissolving in tears affects her always with a certain voluptuous

pleasure. The male criminal is obstinate, he does not allow himself

to be turned round in a moment as the apparent defiance of a woman

may be converted into an apparent sense of guilt, where, that is, the

accuser understands how to handle her” (“Geschlecht und Charakter,”

pp. 253-254). Weininger’s conclusion is: “Not that woman is naturally

evil or _anti_-moral, but rather that she is merely _a_-moral, in other

words that she is destitute of what is commonly called ‘moral sense.’”

The cases of female penitents and others which seem to contradict this

announcement Weininger explains by the hypothesis that “it is only in

company and under external influence that woman can feel remorse.”

Be all this as it may, the fact remains that women when most patently

and obviously guilty of vile and criminal actions will, with the most

complete nonchalance, insist that they are in the right. This may be,

and very possibly often is, mere impudent effrontery, relying on the

privilege of the female sex, or it may, in part at least, as Weininger

insists, be traceable to “special deep-lying sex-characteristics.” But

in any case the singular fact is that men, and men even of otherwise

judicial capacity, are to be found who are prepared virtually to accept

the justice of this attitude, and who are ready to condone, if not

directly to defend, any conduct, no matter how vile or how criminal, on

the part of a woman. We have illustrations of this class of judgment

almost every day, but I propose to give two instances of what I should

deem typical, if slightly extreme, perversions of moral judgment on

the part of two men, both of them of social and intellectual standing,

and without any doubt personally of the highest integrity. Dr James

Donaldson, Principal of the University of St Andrews, in his work

entitled “Woman, her Position and Influence in Ancient Greece and

Rome and among the Early Christians,” commenting on the well-known

story attributed to the year 331 B.C., which may or may not

be historical, of the wholesale poisoning of their husbands by Roman

matrons, as well as of subsequent cases of the same crime, concludes

his remarks with these words: “It seems to me that we must regard them

[namely these stories or facts, as we may choose to consider them] as

indicating that the Roman matrons felt sometimes that they were badly

treated, that they ought not to endure the bad treatment, and that

they ought to take the only means that they possessed of expressing

their feelings, and of wreaking vengeance, by employing poison” (p.

92). Now though it may be said that in this passage we have no direct

justification of the atrocious crime attributed to the Roman matrons,

yet it can hardly be denied that we have here a distinct condonation

of the infamous and dastardly act, such a condonation as the worthy

Principal of St Andrews University would hardly have meted out to men

under any circumstances. Probably Professor Donaldson, in writing the

above, felt that his comments would not be resented very strongly, even

if not actually approved, by public opinion, steeped as it is at the

present time in Feminism, political and sentimental.

Another instance, this time of direct special pleading to prove a woman

guilty of an atrocious crime to be an “injured innocent.” It is taken

from an eminent Swiss alienist in his work on Sex. Dr Forel maintains

a thesis which may or may not be true to the effect that the natural

maternal instinct is either absent or materially weakened in the case

of a woman who has given birth to a child begotten by rape, or under

circumstances bordering upon rape, and indeed more or less in all

cases where the woman is an unwilling participant in the sexual act.

By way of illustration of this theory he cites the case of a barmaid

in St Gallen who was seduced by her employer under such circumstances

as those above mentioned; a child resulted, who was put out to nurse

at an institution until five years of age, when it was handed over to

the care of the mother. Now what does the woman do? Within a few hours

of receiving the little boy into her keeping she took him to a lonely

place and deliberately strangled him, in consequence of which she was

tried and condemned. Now Dr Forel, in his Feminist zeal, feels it

incumbent upon him to try to whitewash this female monster by urging,

on the basis of this theory, the excuse that under the circumstances

of its conception one could not expect the mother to have the ordinary

instincts of maternity as regards her child. The worthy doctor is

apparently so blinded by his Feminist prejudices that (quite apart

from the correctness or otherwise of his theory) he is oblivious of

the absurd irrelevancy of his argument. What, we may justly ask, has

the maternal instinct, or its absence, to do with the guilt of the

murderess of a helpless child committed to her care? Who or what the

child was is immaterial! That a humane and otherwise clear-headed

man like Dr Forel could take a wretch of this description under his

_ægis_, and still more that in doing so he should serve up such utterly

illogical balderdash by way of argument, is only one more instance of

how the most sane-thinking men are rendered fatuous by the glamour of

Sentimental Feminism.

In the present chapter we have given a few typical instances of the

practice which constitutes one of the most conspicuous features of

Modern Feminism and of the public opinion which it has engendered.

We hear and read, _ad nauseam_, of excuses, and condonation, for

every crime committed by a woman, while a crime of precisely similar

a character and under precisely similar circumstances, where a man

is the perpetrator, meets with nothing but virulent execration from

that truculent ass, British public opinion, as manipulated by the

Feminist fraternity, male and female. This state of public opinion

reacts, of course, upon the tribunals and has the result that women

are practically free to commit any offence they please, with always

a splendid sporting chance of getting acquitted altogether, and a

practical certainty that even if convicted they will receive farcical

sentences, or, should the sentence be in any degree adequate to the

offence, that such sentence will not be carried out. The way in which

criminal law is made a jest and a mockery as regards female prisoners,

the treatment of criminal suffragettes, is there in evidence. The

excuse of health being endangered by their going without their

breakfasts has resulted in the release after a few days of women guilty

of the vilest crimes—_e.g._ the attempt to set fire to the theatre at

Dublin. It may be well to recall the outrageous facts of modern female

immunity and free defiance of the law as illustrated by one quotation

of a description of the merry time of the window-smashers of March 1912

in Holloway prison given by a correspondent of _The Daily Telegraph_.

The correspondent of that journal describes his visit to the aforesaid

prison, where he said there appeared to have been no punishment of any

kind for any sort of misbehaviour. “All over the place,” he writes,

“is noise—women calling to women everywhere, and the officials seem

powerless to preserve even the semblance of discipline. A suffragist

will call out her name while in a cell, and another one who knows her

will answer, giving her name in return, and a conversation will then

be carried on between the two. This chattering obtains all day and far

into the night. The ‘officials’ as the wardresses prefer themselves

called, have already given the prison the name of ‘the monkey-house.’

Certain it is that the prisoners are treated with all deference, the

reason being perhaps that the number of officials is insufficient to

establish proper order. While I was waiting yesterday one lady drove up

in a carriage and pair, in which were two policemen and several bundles

of clothes, to enter upon her sentence and this is the note which seems

to dominate the whole of the prison. Seventy-six of the prisoners

are supposed to be serving sentences with hard labour, but none of

them are wearing prison clothes, and in only one or two instances

have any tasks of any description been given, those generally being

a little sewing or knitting.” Again a member of the Women’s Freedom

League at a meeting on 19th May 1912 boasted that the suffragettes had

a wing of their own at Holloway. “They had nice hot water pipes and

all the latest improvements and were able to climb up to the window

and exchange sentiments with their friends.” She had saved money and

enjoyed herself very much!!

Here we have a picture of the way the modern authorities of the law

recognise the “injured innocence” of female delinquents who claim the

right wantonly to destroy property. Our present society, based as it is

on private property-holding, and which usually punished with the utmost

severity any breach of the sanctity of private property, waives its

claims where women are concerned. Similarly arson under circumstances

directly endangering human life, for which the law prescribes the

maximum sentence of penal servitude for life, is considered adequately

punished by a week or two’s imprisonment when those convicted of the

crime are of the female sex. Oh, but they were acting from political

motives! Good, and have not terrorist anarchists, Fenians and Irish

dynamiters of the Land League days also acted from political motives?

The terrorist anarchist, foolish and indefensible though his tactics

may be, believes honestly enough that he is paving the way for the

abolition of poverty, misery and social injustice, a far more vital

thing than the franchise! The Irish Fenians and dynamiters pursued a

similar policy and there is no reason to doubt their honest belief that

it would further the cause of the freedom and national independence

of Ireland. Yet were these “political” offenders dealt with otherwise

than as ordinary criminals when convicted of acts qualified by the law

as felonies? And their acts, moreover, whatever we may think of them

otherwise, were, in most cases at least, politically logical from their

own point of view, and not senseless injuries to unoffending persons,

as those of the present-day female seekers after the suffrage.

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