"Scene.--A Court-house not fifty miles from the city of Louisville.
Judge presiding with great dignity. A noise is heard before the door.
He looks up, fired with indignation.--`Mr Sheriff, sir, bring them men
in here; this in the temple of liberty--this in the sanctuary of
justice, and it shall not be profaned by the cracking of nuts and the
eating of gingerbread.'"--_Marblehead Register_.
I have already observed that there is a great error in the office of the
inferior and district judges being elective, but there are others
equally serious. In the first place the judges are not sufficiently
paid. Captain Hamilton remarks:--
"The low salaries of the judges constitute matter of general complaint
among the members of the bar, both at Philadelphia and New York. These
are so inadequate, when compared with the income of a well-employed
barrister, that the state is deprived of the advantage of having the
highest legal talent on the bench. Men from the lower walks of the
profession, therefore, are generally promoted to the office; and for the
sake of a wretched saving of a few thousand dollars, the public are
content to submit their lives and properties to the decision of men of
inferior intelligence and learning.
"In one respect, I am told, the very excess of democracy defeats itself.
In some states the judges are so inordinately underpaid, that no lawyer
who does not possess a considerable private fortune can afford to accept
the office. From this circumstance, something of aristocratic
distinction has become connected with it, and a seat on the bench is now
more greedily coveted than it would be were the salary more commensurate
with the duties of the situation."
The next error is, that political questions are permitted to interfere
with the ends of justice. It is a well-known fact that, not long ago,
an Irishman, who had murdered his wife, was brought to trial upon the
eve of an election; and, although his guilt was undoubted, he was
acquitted, because the Irish party, which were so influential as to be
able to turn the election, had declared that, if their countryman was
convicted, they would vote on the other side.
But worst of all is the difficulty of finding an _honest_ jury--a fact
generally acknowledged. Politics, private animosities, bribery, all
have their influence to defeat the ends of justice, and it argues
strongly against the moral standard of a nation that such should be the
case; but that it is so is undoubted. [See Note 1.] The truth is that
the juries, have no respect for the judges, however respectable they may
be, and as many of them really are. The feeling "I'm as good as he"
operates everywhere. There is no shutting up a jury and starving them
out as with us; no citizen, "free and enlightened, aged twenty-one,
white," would submit to such an invasion of his rights. Captain
Hamilton observes:--
"It was not without astonishment, I confess, that I remarked that
three-fourths of the jury-men were engaged in eating bread and cheese,
and that the foreman actually announced the verdict with his mouth full,
ejecting the disjointed syllables during the intervals of mastication!
In truth, an American seems to look on a judge exactly as he does on a
carpenter or coppersmith; and it never occurs to him, that an
administrator of justice is entitled to greater respect than a
constructor of brass knockers, or the sheather of a ship's bottom. The
judge and the brazier are paid equally for their work; and Jonathan
firmly believes that, while he has money in his pocket, there is no risk
of suffering from the want either of law or warming pans."
One most notorious case of bribery, I can vouch for, as I am acquainted
with the two parties, one of whom purchased the snuff-box in which the
other enclosed the notes and presented to the jurymen. A gentleman at
New York of the name of Stoughton, had a quarrel with another of the
name of Goodwin: the latter followed the former down the street, and
murdered him in open day by passing a small sword through his body. The
case was as clear as a case could be, but there is a great dislike to
capital punishment in America, and particularly was there in this
instance, as the criminal was of good family and extensive connections.
It was ascertained that all the jury except two intended to acquit the
prisoner upon some pretended want of evidence, but that these two had
determined that the law should take its course, and were quite
inexorable. Before the jury retired to consult upon the verdict, it was
determined by the friends of the prisoner that an attempt should be made
by bribery to soften down the resolution of these two men. As they were
retiring, a snuff-box was put into the hands of one of them by a
gentleman, with the observation that he and his friend would probably
find a pinch of snuff agreeable after so long a trial. The snuff-box
contained bank notes to the amount of 2,500 dollars (500 pounds
sterling). The snuff-box and its contents were not returned, and the
prisoner was acquitted.
The unwillingness to take away life is a very remarkable feature in
America, and were it not carried to such an extreme length, would be a
very commendable one. An instance of this occurred just before my
arrival at New York. A young man by the name of Robinson, who was a
clerk in an importing house, had formed a connection with a young woman
on the town, of the name of Ellen Jewitt. Not having the means to meet
her demands upon his purse, he had for many months embezzled from the
store goods to a very large amount, which she had sold to supply her
wants or wishes. At last, Robinson, probably no longer caring for the
girl, and aware that he was in her power, determined upon murdering her.
Such accumulated crime can hardly be conceived! He went to sleep with
her, made her drunk with champagne before they retired to bed, and then
as she lay in bed murdered her with an axe, which he had brought with
him from his master's store. The house of ill-fame in which he visited
her was at that time full of other people of both sexes, who had retired
to rest--it is said nearly one hundred were there on that night,
thoughtless of the danger to which they were exposed, fearful that the
murder of the young woman would be discovered and brought home to him,
the miscreant resolved to set fire to the house, and by thus sending
unprepared into the next world so many of his fellow creatures, escape
the punishment which he deserved. He set fire to the bed upon which his
unfortunate victim laid, and having satisfied himself that his work was
securely done, locked the door of the room, and quitted the premises. A
merciful Providence, however, directed otherwise; the fire was
discovered, and the flames extinguished, and his crime made manifest.
The evidence in an English court would have been more than sufficient to
convict him; but in America, such is the feeling against taking life
that, strange to say, Robinson was acquitted, and permitted to leave for
Texas, where it is said, he still lives under a false name. I have
heard this subject canvassed over and over again in New York; and,
although some, with a view of extenuating to a foreigner such a
disgraceful disregard to security of life, have endeavoured to show that
the evidence was not quite satisfactory, there really was not a shadow
of doubt in the whole case. See Note 2.
But leniency towards crime is the grand characteristic of American
legislation. Whether it proceeds, (as I much suspect it does,) from the
national vanity being unwilling to admit that such things can take place
among "a very moral people," or from a more praiseworthy feeling, I am
not justified in asserting: the reader must form his own opinion, when
he has read all I have to say upon other points connected with the
subject.
I have been very much amused with the reports of the sentences given by
my excellent friend the recorder of New York. He is said to be one of
the soundest lawyers in the Union, and a very worthy man; but I trust
say, that as recorder, he does not add to the dignity of the bench by
his facetious remarks, and the peculiar lenity he occasionally shows to
the culprits. See Note 3.
I will give an extract from the newspapers of some of the proceedings an
his court, as they will, I am convinced, be as amusing to the reader as
they have been to me.
The Recorder then called out--"Mr Crier, make the usual proclamation;"
"Mr Clerk, call out the prisoners, and let us proceed to sentencing
them!"
_Clerk_. Put Stephen Schofield to the bar.
It was done.
_Clerk_. Prisoner, you may remember you have heretofore been indicted
for a certain crime by you committed; upon your indictment you were
arraigned; upon your arraignment you pleaded guilty, and threw yourself
upon the mercy of the court. What have you now to say, why judgment
should not be passed upon you according to law.
The prisoner, who was a bad-looking mulatto, was silent.
_Recorder_. Schofield, you have been convicted of a very bad crime; you
attempted to take liberties with a young white girl--a most serious
offence. This is getting to be a very bad crime, and practised, I am
sorry to say, to a great extent in this community: it must be put a stop
to. Had you been convicted of the whole crime, we should have sent you
to the state-prison for life. As it is, we sentence you to hard labour
in the state-prison at Sing Sing for five years; and that's the judgment
of the court; and when you come out, take no more liberties with white
girls.
_Prisoner_. Thank your honour it ain't no worse.
_Clerk_. Bring out Mary Burns.
It was done.
_Clerk_. Prisoner, you may remember, etcetera, etcetera, upon your
arraignment you pleaded not guilty, and put yourself on your country for
trial; which country hath found you guilty. What have you now to say
why judgment should not be pronounced upon you according to law?
(Silent).
_Recorder_. Mary Burns, Mrs Forgay gave you her chemise to wash.
_Prisoner_. No, she didn't give it to me.
_Recorder_. But you got it somehow, and you stole the money. Now, you
see, our respectable fellow-citizens, the ladies, must have their
chemises washed, and, to do so, they must put confidence in their
servants; and they have a right to sew their money up in their chemise
if they think proper, and servants must not steal it from them. As
you're a young woman, and not married, it would not be right to deprive
you of the opportunity to get a husband for five years; so we shall only
send you to Sing Sing for two years and six months; the keeper will work
you in whatever way he may think proper.--Go to the next.
Charles Liston was brought out and arraigned, _pro forma_. He was a
dark negro.
_Clerk_. Liston, what have you to say why judgment, etcetera?
_Prisoner_. All I got to say to his honour de honourable court is, dat
I see de error of my ways, and I hope dey may soon see de error of
deirs. I broke de law of my free country, and I must lose my liberty,
and go to Sing Sing. But I trow myself on de mercy of de Recorder; and
all I got to say to his honour, de honourable Richard Riker, is, dat I
hope he'll live to be de next mayor of New York till I come out of Sing
Sing.
_Recorder (laughing)_. A very good speech! But, Liston, whether I'm
mayor or not, you must suffer some. This stealing from entries is a
most pernicious crime, and one against which our respectable
fellow-citizens can scarcely guard. Two-thirds of our citizens hang
their hats and coats in entries, and we must protect their hats and
coats. We, therefore, sentence you to Sing Sing for five years,--Go to
the next.
John Mcdonald and Godfrey Crawluck were put to the bar.
_Recorder_. Mcdonald and Crawluck, you stole two beeves. Now, however
much I like beef, I'd he very hungry before I'd steal any beef. You are
on the high road to ruin. You went up the road to Harlem, and down the
road to Yorkville, and you'll soon go to destruction. We shall send you
to Sing Sing for two years each; and when you come out, take your
mother's maiden name, and lead a good life, and don't eat any more
beef--I mean, don't steal any more beeves--Go to the next.
Luke Staken was arraigned.
_Recorder_.--Staken, you slept in a room with Lahay, and stole all his
gold (1000 dollars). This sleeping in rooms with other people, and
stealing their things, is a serious offence, and practised to a great
extent in this city; and what makes the matter worse, you stole one
thousand dollars in specie, when specie is so scarce. We send you to
Sing Sing for five years.
Jacob Williams was arraigned. He looked as if he had not many days to
live, though a young man.
_Recorder_. Williams, you stole a lot of kerseymere from a store, and
ran off with it--a most pernicious crime! But, as your health is not
good, we shall only send you to Sing Sing for three years and six
months.
John H Murray was arraigned.
_Recorder_. Murray, you're a deep fellow. You got a Green Mountain boy
into an alley, and played at "shuffle and burn," and you burned him out
of a hundred dollars. You must go to Sing Sing for five years; and we
hope the reputable reporters attending for the respectable public press
will warn our respectable country friends, when they come into New York,
not to go into Orange street, and play at "shuffle and burn" among bad
girls and bad men, or they'll very likely get burnt, like this Green
Mountain boy.--Go to the next.
William Shay, charged with shying glasses at the head of a
tavern-keeper. Guilty.
_Recorder_. This rioting is a very bad crime, Shay, and deserves heavy
punishment; but as we understand you have a wife and sundry little
Shays, we'll let you off, provided you give your solemn promise never to
do so any more.
_Shay_. I gives it--wery solemnly.
_Recorder_. Then we discharge you.
_Shay_. Thank your honour--your honour's a capital judge.
John Bowen, charged with stealing a basket. Guilty.
_Recorder_. Now, John, we've convicted you; and you'll have to get out
stone for three months on Blackwell's Island--that's the judgment of the
court.
Buckley and Charles Rogers, charged with loafing, sleeping in the park,
and leaving the gate open, were discharged, with a caution to take care
how they interfered with corporation rights in future, or they would get
their corporation into trouble.
Ann Boyle, charged with being too _lively_ in the street. Let off on
condition of being quiet for the time to come.
Thomas Dixon, charged with petty larceny. Guilty.
_Dixon_. I wish to have judgment suspended.
_Recorder_. It's a bad time to talk about suspension; why do you
request this?
_Dixon_. I've an uncle I want to see, and other relations.
_Recorder_. In that case we'll send you to Black well's island for six
months, you'll be sure to find them all there. Sentence accordingly.
Charles Enroff, charged with petty larceny--coming Paddy over an Irish
shoemaker, and thereby cheating him out of a pair of shoes.--Guilty.
Sentenced to the penitentiary, Blackwell's island, for six months, to
get out stone.
Charles Thorn, charged with assaulting Miss Rachael Prigmore.
_Recorder_. Miss Prigmore, how came this man to strike you?
_Rachael_. Because I wouldn't have him. (A laugh.) He was always a
teasing me, and spouting poetry about roses and thorns; so when I told
him to be off he struck me.
_Prisoner_ (theatrically). Me strike you! Oh, Rachael--
"Perhaps it was right to dissemble your love,
But why did you kick me down stairs?"
_Prisoner's Counsel_. That's it, your honour. Why did she kick him
down stairs?
This the fair Rachael indignantly denied, and the prisoner was found
guilty.
_Recorder_. This striking of women is a very bad crime, you must get
out stone for two months.
_Prisoner_. She'll repent, your honour. She loves me--I know she does.
"On the cold flinty rock, when I'm busy at work,
Oh, Rachael, I'll think of thee."
Thomas Ward, charged with petty larceny. Guilty. Ward had nothing to
offer to _ward_ off his sentence, therefore he was sent to the island
for six months.
Maria Brandon, charged with petty larceny. Guilty. Sentenced to pick
oakum for six months.
_Maria_. Well, I've friends, that's comfort, they'll sing--
"Oh, come to this bower, my own stricken deer."
_Recorder_. You're right, Maria, it's an _oakum_ bower you're going to.
The court then adjourned. See Note 4.
But all these are nothing compared with the following, which at first I
did not credit. I made the strictest inquiry, and was informed by a
legal gentleman present that it was correct. I give the extract as it
stood in the newspapers.
_Influence of a Pretty Girl_.--"Catherine Manly," said the Recorder
yesterday, in the sessions, "you have been convicted of a very bad
crime. This stealing is a very serious offence; but, _as you are a
pretty girl_! we'll suspend judgment, in hopes you will do better for
the future." We have often heard that justice was blind. What a fib to
say so!
Mr Carey, in his publication on Wealth, asserts, that security of
property and or person are greater in the United States than in England.
How far he is correct I shall now proceed to examine. Mr Carey says,
in his observations on security of person:--"Comparing Massachusetts
with England and Wales, we find in the former 1 in 86,871 sentenced to
one year's imprisonment or more; whereas, in the latter 1 in 70,000 is
sentenced to more than one year. The number sentenced to one year or
more in England is greater than in Pennsylvania. It is obvious,
therefore, that security is much greater in Massachusetts than in
England, and consequently greater than in any other part of the world."