III

AN UNPUBLISHED PREFACE

(Written in 1910.)

It is not my habit to write prefaces, but there are certain things I

want to say concerning the play “Justice,” as to its subject-matter, not

its artistic qualities, bad, good, or indifferent.

Holding perhaps a more intimate knowledge of its author’s mind than can

elsewhere be obtained, I would remark that the play is no indictment or

attack, but a picture of the whole process of Justice as seen by this

painter’s eye. There are thickenings of line here, and thinnings there,

occasioned by lack of technical knowledge, or demanded by the exigencies

of dramatic craft, but the spiritual essence of the matter is set down

honestly, as best it could be perceived by him.

Justice was known by the ancients to be blind; by ourselves is admitted

blind; will be acclaimed blind by the tongues of our descendants. It is

blind because it is depart- or rather compart-mental.

The prosecutor, be he ancient Roman or Englishman of to-day, cannot

gauge or control the _whole_ effect on the offender and on society of

the process which he initiates. The Judge, be he Solon or Judge of the

High Court, cannot know enough of the temperament and antecedents of a

prisoner to adequately apportion a sentence which he cannot see being

carried out. The prison official is tied to the terms of the sentence

and the conditions of the system, for some system there must be. The

Public, on the prisoner’s release, acts mechanically in its own defence

against a marked man. All see only their own bits of the game.

From this general blindness, it follows that punishment is almost always

out of proportion. This is why it seemed to me worth while to make a

picture of Blind Justice, and to hang it on the wall. There are some who

believe that this picture will rapidly become out of date. I am not so

sanguine. Short of our all becoming not only eager, but able, to see

that which does not lie underneath our noses, I much fear that this

picture will remain valid for some considerable time The conditions will

change, but the spirit will remain—Justice is too naturally and

inevitably blind. Is that any reason why we should not occasionally be

reminded of the evil—one of the enduring, but perhaps diminishable,

evils of human life? Even the administrators of this Justice might like

now and then to glance at a picture of its blindness.

One word about the cell scene. It has been called false and

exaggerated. . . . Two brothers went to see this play. At the end of the

cell scene the younger, who stammers, turned to his elder and said:

“It’s n-not so—j-j—olly as all that!”

Precisely! Prisoners do not commonly enjoy the relief of beating on

their cell doors, though the incident is not unknown. But he who can

project himself into the minds of others knows that prisoners, in closed

cells, moping and brooding week after week, month after month, shut off

from all real distraction, from all touch with the outer world and

everything they care for, with the knowledge of years of imprisonment

before them and of broken lives when they come out—knows that such

prisoners, thousands of them, unseen by any eye, _reach a state of mind_

which would make them constantly fling themselves for relief on their

cell doors, if it were not for fear. No, it is not so jolly as all that!

The characteristics of all prison life, at all events in England, are

silence and solitude, physical or spiritual; and this cell scene was

selected to convey as nearly as the limitations of the stage permitted,

these commonest characteristics of detention.

For the truth of this picture of Blind Justice as a whole I rely on the

testimonial of that theatre attendant, employed out of charity, who,

having been prosecuted, sentenced, imprisoned, and released, knew, let

us hope, more of the matter spiritually, than those who criticize. After

the play on the first night, to the question of his manager, “Well, is

it true?” he looked up from his sweeping, and said: “Every word of it,

sir.”

I have only this to add. If each scene is taken separately and looked on

with a departmentally professional eye, it must needs seem out of

drawing, for it was visualized by an eye looking on each department only

in relation to the whole. When the professional reader or spectator of

the Court or Prison scene, says “Oh! this or that is not true!” he is

criticizing from the departmental, and not from the bird’s-eye point of

view, which an author must needs assume. Even if the sentence be more

than typically severe, though I doubt that, or the judgment not

typically worded, they serve well enough as illustrations of that

blindness which has accompanied the wisest judgments of one human being

on another since the world began.

No, the only legitimate criticism which the professional reader or

spectator can pass is that the particular bird’s-eye view is wrong. To

that criticism this bird can make no answer, except to say with

deference and courtesy that he must believe in his own eye—for it is

all he has to see with.

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