I persisted that I would like to try. The judge rapped with his gavel.

"Remanded till tomorrow morning."

As we walked out of the court room, the attorney condescendingly advised

me not to waste much time on this case. "Its useless," he said. But I

did not want to give up without a fight.

When I tried to see the members of the firm, I found that my opponent

had stolen a march on me by telephoning to warn them of my mission.

Their office secretaries told me that they were very busy, that they

already knew my business and did not care to go into the matter with me.

I was acquainted with the city editor of one of the large morning papers

and I had found that the judges were very susceptible to newspaper

criticism. More than once a properly placed story would make them see a

case in a new light. I found a vacant desk in the reporters' room and

wrote up Nora in the most livid style I could manage--"soulless

corporation," "underpaid slaves" and such phrases.

"It's a good story," the city editor said, "Too bad there isn't a

Socialist paper to run it. But we can't touch it. They're the biggest

advertisers we've got. I'm sorry. It certainly is a sad case. I wish

you'd give this to the mother."

He handed me a bank-note. But I told him to go to the father of yellow

journalism. It was not money I wanted. I stamped out of his office,

angry and discouraged. But my promise to Mrs. Lund, to get Nora out,

made it impossible for me to give up. I walked up the street racking my

brains for some scheme. Suddenly an inspiration came. They would not

listen to me. Perhaps I could make money talk.

My small deposits were in an up-town bank. It did not have a large

commercial business, but specialized on private and household accounts.

The cashier was a fraternity mate of mine. With a little urging I got

from him a list of depositors who had large accounts at the store where

Nora had worked. I picked out the names of the women I knew to be

interested in various charities and borrowed a telephone.

It is hard to be eloquent over a telephone. The little black rubber

mouth-piece is a discouraging thing to plead with, but I stuck to it all

the afternoon. As soon as I got connection with some patron of the

store, I told her about Nora's plight--most of them remembered her face.

I tried to make them realize how desperately little six dollars a week

is. I told the story of her hard struggle to keep the home going, how

the firm had refused to give her a raise and were now trying to send her

to state prison. I spoke as strongly as might be about personal

responsibility. The firm paid low wages so that their patrons might buy

silk stockings at a few cents less per pair. And low wages had driven

Nora to crime. I laid it on as heavily as I dared and asked them to

call up the manager and members of the firm--to get them personally--and

protest against their severity towards Nora. I urged them to spread the

story among their friends and get as many of them as possible to

threaten to withdraw their trade.

I started this campaign about three in the afternoon and kept it up till

after business hours. It bore fruit. Some of the women, I found out

afterwards, went further than I had suggested and called on the wives of

the firm. I imagine that the men, who had refused to see me, did not

spend a peaceful or pleasant afternoon and evening.

In the morning, when Nora's case was called, the attorney made a

touching speech about the quality of mercy and how to err is human, to

forgive divine. He said that the firm he represented could not find

heart to prosecute this damsel in distress and that if the court would

be merciful and give her another chance they would take her back in

their employment. Judge Ryan was surprised, but very glad to discharge

her. However, I was able to find her a much better place to work.

Her story is a sad commentary on our system of justice. The court did

not care to offend a group of wealthy men. The press did not dare to.

The only way to get justice for this girl was by appealing to the

highest court--the power of money.

It is always hard for me to write about our method of dealing with crime

in restrained and temperate language--the whole system is too utterly

vicious. I had not been many weeks in the Tombs before I was guilty of

contempt of court.

Four of the five judges in general sessions were machine men. It was

rare that their judgments were influenced by their political

affiliations; in the great majority of the cases they were free to

dispense what happened to strike them as justice. It is simpler for the

organization to "fix" things in the police courts where there are no

juries. But once in a while a man would come up to us who "had a

friend." The "Old Man" on Fourteenth Street would send down his orders

and one of these four judges would arrange the matter. The impressive

thing about it was the cynical frankness. Everybody knew what was

happening.

The fifth judge, O'Neil, was a Scotchman. He was said to be--and I

believe was--incorruptible. He had been swept into office on a former

wave of reform, and had no dealings with the machine. But he was

utterly unfit to be on the bench. A few weeks after I was sworn in, I

saw a phase of his character which was worse than "graft."

A man was brought before him for "assault"--a simple exchange of

fisticuffs. In general such cases are treated as a joke. Two men have

a fight--then they race to the police station. The one who gets there

first is the complainant, the slower footed one is the defendant. Each

brings a cloud of witnesses to court to swear that the other was the

aggressor. It is hopeless to try to place the blame. The penal code

fixes a maximum sentence of one year and five hundred dollars fine, but

unless some especial malice has been shown, the judges generally

discharge the prisoner with a perfunctory lecture or, at most, give them

ten days.

This man had an especially good record. He had worked satisfactorily

for several years in the same place, his wife and her three small

children were entirely dependent upon his earnings. O'Neil skimmed over

his recommendations listlessly, until his eye caught a sentence which

told the nature of the man's employment. He stiffened up with a jerk.

"Are you a janitor?" he thundered.

"Yes, your honor."

"Well, I tell you, sir, janitors must be taught their place! There is

no more impudent, offensive class of men in this city. This morning,

sir, there was no heat in my apartment, and when my wife complained the

janitor was insolent to her! Insulted her! My wife! When I went

downstairs he insulted me, sir! The janitor insulted me, I say! He

even threatened to strike me as you have wantonly assaulted this

reputable citizen here, the complainant. It is time the public was

protected from janitors. I regret that the law limits the punishment I

can give you. The court sentences you, sir, to the maximum. One year

and five hundred dollars!"

The outburst was so sudden, so evidently a matter of petty spite, that

there was a hush all over the court.

"What's the matter?" his honor snapped. "Call up the next case."

Of course this sentence would have been overthrown in any higher court,

but the man had no money. Such things did not happen very often, but

frequently enough to keep us ever reminded of their imminent

possibility.

I have sixty fat note-books which record my work in the Tombs. Almost

every item might be quoted here to show how little by little contempt of

court grew in my mind. It crystallized not so much because of the

relatively rare cases where innocent men were sent to prison, as because

of the continual commonplace farce of it.

Very early I learned--as the lawyers all knew--that considerations of

abstract justice were foreign to the Tombs. Each judge had his foible.

It was more important to know these than the law. Judges McIvor and

Bell were Grand Army men. Bell was always easy on veterans. He had a

stock speech--"I am sorry to see a man who has fought for his country in

your distressing condition. I will be as lenient as the law allows."

McIvor, if he saw a G.A.R. button on a man before him would shout, "I am

pained and grieved to see a man so dishonor the old uniform," and would

give him the maximum.

Ryan, the most venal, the most servile machine man of the five, had a

beautiful and intense love for his mother. A child of the slum, he had

supported his mother since he was fourteen, had climbed up from the

gutter to the bench. And filial love, like his own, outweighed any

amount of moral turpitude with him. When I found a man in the Tombs who

seemed to me innocent, I did not prepare a brief on this aspect of the

case. I looked up his mother, and persuaded the clerk to put the case

on Ryan's calendar. If I could get the old woman rigged up in a black

silk dress and a poke bonnet, if I could arrange for two old-fashioned

love-locks to hang down before her ears, the trick was turned. All she

had to do was to cry a little and say, "He's been a good son to his old

mother, yer honor."

The cases were supposed to be distributed among the judges in strict

rotation. It was, in fact, a misdemeanor for the clerk to juggle with

the calendar. But the largest part of a lawyer's value depended on his

ability to persuade the clerk to put his client before a judge who would

be lenient towards his offense.

O'Neil believed that a lady should be above suspicion. So when a woman

was accused of crime, she was certainly not a lady, and probably guilty.

It was for the good of the community to lock her up. Of course whenever

a lawyer had a woman client his first act was to "fix" the clerk so that

the case would not be put down before O'Neil.

Yet I would be eminently unfair to the people of the Tombs, if I spoke

only of their evil side. Of course this was the side I first saw. But

by the end of a year I had established myself. Once they had lost their

fear that I was trying to interfere with their means of livelihood--a

fear shared by the judges as well as the screws--hostility gave place to

tolerance, and in some cases to respect and a certain measure of

friendship. I began to think of them, as they did of themselves, as

dual personalities. There was sinister symbolism in the putting on of

the black robes by the judges. The screws out of uniform, in off hours,

were very different beings from the screws on duty.

It is a commonplace that machine politicians are big-hearted. They

listened to any story I could tell of touching injustice, often went

down in their pockets to help the victim. I have never met more

sentimental men. All it needed to start them was a little "heart

interest." Frequently Big Jim, the gate man, would raise ten or fifteen

dollars from the other screws to help out one of my men.

Judge Ryan met me one day on the street and invited me into a saloon.

There began a very real friendship. Off the bench he was a most

expansive man; he had wonderful power of personal anecdote. In the

story of his up-struggle from the gutter, his mother on his shoulders,

he was naive in telling of incidents which to a man of my training

seemed criminal. He owed his first opportunity, the start towards his

later advancement, to Tweed. And he was as loyal to him as to his

mother. The soul of the slum was in his story. It was an interpretation

of the ethics which grow up where the struggle for existence is bitter.

An ethics which is foul with the stink of fetid tenements, wizened with

hunger, distorted with fear.

The attitude of the people of the Tombs to this dual life of theirs, the

insistence with which they kept separate their professional and personal

life, was shown clearly when a young assistant district attorney broke

the convention. He brought his wife to court! He was a youngster, it

was his first big case, he wanted her to hear his eloquence. The

indignation was general. I happened to be talking to Big Jim, the gate

man, when one of the screws brought the news.

"What?" Jim exploded. "Brought his wife down here? The son of a ----!

Say. If my old woman came within ten blocks of the place--or any of the

kids--I'd knock their blocks off. Go on. Yer kidding me."

When they insisted that it was true, he scratched his head disgustedly

and kept reiterating his belief in the chap's canine ancestry. Two

hours later, when I was going out of the Tombs, he stopped me. It was

still on his mind.

"Say," he said, "what d'ye think of that son of a ----?"

*III*

It did not take me very long to see that the trouble with our criminal

courts goes deeper than the graft or ill-temper of the judges. Day

after day the realization grew upon me that the system itself is wrong

at bottom.

A man can do a vicious thing now and then without complete moral

disintegration. It is constant repetition of the act which turns him

into a vicious man. Brown may once in a while lose his temper and strike

his wife, and still be, on the whole, an estimable fellow. But if he

makes a regular habit of blacking her eye every Saturday night, we would

hold him suspect in all relations. We would not only question his

fitness to bring up children, we would doubt his veracity, distrust him

in money matters.

The more I have been in court the stronger grows the conviction that

there is something inherently vicious in passing criminal judgment on

our fellow men. A Carpenter who lived in Palestine two thousand years

ago thought on this matter as I do. His doctrine about throwing stones

is explicit. If he was right in saying "Judge not," we cannot expect

any high morality from our judges. The constant repetition of evil

inevitably degrades.

Unless we can expect our judges to be omniscient--and no one of them is

so fatuous as to believe himself infallible--we are asking them to

gamble with justice, to play dice with men's souls. We give them the

whole power of the state to enforce their guesses. The counters with

which they play are human beings--not only individual offenders, but

whole families, innocent women and children. Such an occupation--as a

steady job--will necessarily degrade them. It would change the Christ

Himself.... But he said very definitely that He would not do it.

However, my work in the Tombs has not made me a pessimist. Science has

conquered the old custom of flogging lunatics. The increase of

knowledge must inevitably do away with our barbaric penal codes, with

cellular confinement and electrocution. An enlightened community will

realize that the whole mediaeval idea of punishing each other is not

only a sin--according to Christ--but a blunder, a rank economic

extravagance, as useless as it is costly. We will learn to protect

ourselves from the losses and moral contagions of crime as we do from

infectious diseases. Our prisons we will discard for hospitals, our

judges will become physicians, our "screws" we will turn into trained

nurses.

The present system is epileptic. It works out with unspeakable cruelty

to those who are suspected of crime--and their families--it results in

the moral ruin of those we employ to protect us, and it is a failure.

The amount of money which society expends in its war against crime is

stupendous--and crime increases. All statistics from every civilized

country....

But this personal narrative is not the place for me to discuss in detail

my convictions in regard to criminology.

*IV*

The influence of the Tombs on my way of thinking was slow and

cumulative, here a little and there a little. I got a more sudden

insight into some of the ways of the world, some of its stupidities and

pretenses, from the peculiar circumstances under which Benson and I were

thrown out of the settlement. I had been there almost two years when

the crash came. In this affair, I was little more than the tail of his

kite. That is the fact I wish to emphasize. Benson was I think beyond

any doubt, the most valuable "resident" in the Children's House. It was

not only that he gave much money into the general treasury and that he

gave far more to such subsidiary enterprises as his Arbeiter Studenten

Verein, all of which gave added prestige to the settlement, but also his

personality was a great asset. Through his professional and social

connections he was continually recruiting new supporters. And certainly

to the people of the neighborhood, he was the most popular of us all.

And yet to preserve certain stupid ideas of respectability, Benson was

sacrificed.

The Jewish population--penniless refugees from Russian massacres--had

been growing rapidly in our district. They had almost entirely driven

out the Germans and Irish. And as a result of their intense poverty,

prostitution was becoming frightful. There were red lights all about

us. To the thoughtful Jews this had become the only political issue.

The machine was cynically frank in its toleration of vice. Two years

before a man named Root had been elected congressman on the reform

ticket. It was pretty generally known that he had used his time in

office to make peace with the machine. And although he still talked of

reform, he was so friendly with the enemy that they had nominated a

figure-head named O'Brien. But this Democratic candidate was only for

appearances, we all knew that Root was to be re-elected and that Tammany

votes were promised him.

Benson shared my hatred of hypocrisy. We often talked over this

political tangle.

"I'd like to get the evidence against him," Norman said one night.

"Nothing I'd like better than to shoot some holes into his double-faced

schemes."

I gathered a good deal of information, which if it was not legal

evidence, was certainly convincing. The Tombs was a great place for

political gossip. I was almost the only person there at this time who

was not a Tammany man. And as in my two years of work I had taken no

interest in politics, I was considered innocuous. From scraps of

conversation I learned that there had been a meeting between Root and

the Old Man and some treaty made between them. I could guess at the

terms. The organization was to throw enough votes to elect Root, and he

was to keep too busy in Washington to interfere in local affairs. But I

did not dare to ask questions, and had no idea when or where the

agreement had been reached. By the barest chance I was able to fill in

these details:

Coming up the Bowery late one night, I ran into a crowd who had made a

circle around two girls who were fighting. Just as I arrived on the

scene one of the girls called out----

"Charley--give me a knife."

Her cadet handed her one with a very ugly looking blade. I seldom used

my right as county detective to make arrests. But as this seemed to

threaten serious bloodshed, I broke up the fight and collared the cadet.

He turned out to be a man of some importance in politics, a runner for

"The Old Man." Two or three times he had been arrested, but his pull

had always got him off.

He was half drunk and in a great funk over the serious charge I said I

would make against him. As I was jerking him along towards the station

house, he threatened me with dire consequences if I ran him in--said he

was a friend of the Old Man. I pretended not to believe him, and in his

effort to convince me that he really was protected, he let the cat out

of the bag. He had been the messenger from the "Old Man" to Root, and

had arranged for the meeting between them. It had taken place on the

evening of September third, in the back room of Billy Bryan's saloon.

He did not know what had happened at the meeting, the only person

present beside the two principals had been a "heeler" of Root's, named

"Piggy" Breen. There was no use in arresting a man with his "pull," so

I turned him loose.

I hurried back to the settlement and telephoned for Benson at his club.

He brought along Maynard to give us legal advice. Maynard was an

erratic millionaire. One-third of the year he played polo, one third he

spent in entering his 75-foot sloop in various club regattas, and the

rest of the time he lived in the city, leading cotillions at night and

maintaining a charity law office in the day-time. He was also a trustee

of the settlement. He was wildly indignant over the story of Root's

treachery.

"We can defeat Root, dead easy," Benson said. "It's a cinch. Publicity

has never been tried in politics" (as far as I know, Benson invented

this term "publicity," now so commonly applied to organized

advertising)--"it's a cinch. In less than twenty-four hours everybody

in the district will know he's a crook."

"What reform man can we get to run in his place?" Maynard asked.

"Hell!" Benson said. "We haven't time to nominate anybody--election is

only a week off. I don't care who's elected so we put Root out of

business."

"Well, but," Maynard protested, "we don't want to throw the influence of

the settlement in favor of Tammany Hall."

"We don't need to. There must be some other candidates--Socialist or

Prohibition--just so he isn't a red-light grafter."

"There isn't any Prohibition ticket," I said. "The Socialist candidate

is named Lipsky."

"All right," said Benson, "we'll elect Lipsky."

Maynard went up in the air. Help elect a Socialist! He did not believe

in political assassinations.

"Oh, devil!" Benson snapped. "Would you rather see one of these cadet

politicians in office than an honest working man? I don't know who this

man Lipsky is, like as not a fool who sees visions. But the Socialists

never nominate crooks. What we want is an honest man."

Maynard, however, did not believe in community of wives, felt it

necessary to protect the sanctity of the home--even at the cost of

prostitution. And so he left us.

I wish I could remember half the things Benson said about Maynard after

he had deserted us. I have seldom seen anything more invigorating than

Benson mad. But he did not let his indignation interfere with business.

It was far along towards morning, but he set to work at once. He wrote

to Lipsky promising to support him, and then began sketching cartoons

and posters.

One was a picture of Root selling a girl in "parlor clothes" to "The Old

Man." Another read:

"VOTE FOR LIPSKY

if you have a daughter!

If you vote Democratic, you

Vote for the RED LIGHTS!

If you vote Republican, you

Vote for the CADETS!

VOTE THE SOCIALIST TICKET, and you

VOTE FOR DECENCY!"

But the best were a series:

"ASK ROOT

where he was on the evening of September Third?"

"ASK ROOT

what business he had with the Old Man?"

"ASK ROOT

how much he got?"

Having mailed the letter to Lipsky and sent off the copy to the printer,

we turned in just at sun-up.

We were awakened a few hours later by the arrival of a socialist

committee. There was Dowd, a Scotch carpenter; Kaufmann, a brewery

driver, and Lipsky, the candidate. He was a Russian Jew, and had been a

professor in the old country. He could speak very little English, but

he had served a long term of exile in the Siberian prison mines.

The socialists had no idea of winning the election. The campaign was for

them only a demonstration, a couple of months when they had larger

audiences at their soap-box meetings. They were suspicious of us.

That consultation is one of the most ludicrous of my memories. Benson,

sitting in an arm-chair, in blue silk pajamas, smoking cigarettes,

outlined the plan in his fervent, profane, pyrotechnic way--much of

which was beyond their comprehension. Kaufmann had to translate it into

German for Lipsky. And when we talked German, Dowd could not

understand.

"But," said Herr Lipsky, when the posters had been translated to him,

"there is nothing there about our principles. There is no word about

surplus value. It is not the red lantern we are fighting--but the

Kapitalismus."

"The people," Benson raged--"the people with votes don't know surplus

value from the binominal theorem. Perhaps they will vote for their

daughters--they can see them. But they won't get excited about their

great-great-grandchildren."

There was a squabble among the committee-men. The Scotchman was too

canny to take sides; he wanted to refer the matter to the local, which

was not to meet until two days before the election.

"Aber," said the brewery man, "Ve need etwas gongrete."

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