_Sight._--Does not distinguish colours well; sees red best. Pupils react

imperfectly.

_Hearing._--On the right side says he cannot hear a watch in immediate

contact; on the left only at a short distance. In other ways his hearing

has been found to be defective.

_Smell._--Does not distinguish odours, of which in many cases he has no

knowledge. Ammonia alone, deeply inhaled for a few seconds, causes slight

lachrymation on the right side.

_Taste._--Perceives vinegar, but not salt, bitter or sweet substances. On

offering him half a glass of decoction of cinchona, and telling him that

it is wine, and then another of vinegar, he swallows it all eagerly

without any indication of disagreeable sensations. On giving him a bitter

substance, and telling him it is sweet, he repeats that it is sweet, and

_vice versâ_.

Appetite voracious; digestive functions normal. Circulation and

respiration weak.

PSYCHICAL EXAMINATION.

Ideas very limited. No imagination or æsthetic sense. Memory very weak,

limited to the most elementary and primitive cognitions. Will feeble, in

the absence of any morbid impulse.

Moral and affective sentiments almost entirely absent.

No disposition to occupy himself in any way; tendency to idleness and

vagabondage.

Unrestrained onanism, to which he formerly gave way four or five times a

day, now only about twice a day, because, as he says, he is no longer

strong enough. He confesses this without the least shame, with

complacency, almost with pleasure.

He is not without a certain shrewdness, which is, however, easily

discovered. He seems to have learnt from fellow-prisoners to pretend to

feel nothing, and to be ready for anything.

He is capable of dissimulation, and of simulating at certain moments a

state of feebleness beyond what he feels.

In his cell he usually walks up and down with short, bent head, and surly

look. He is only aroused in moments of anger and violent impulsion.

He is often discontented with his food, and throws it away, breaking out

into howls rather than cries, and destroying everything--table, stools,

etc. In this condition any opposition only renders him more savage. Gentle

methods often succeed better, especially when the stage of exhaustion sets

in.

At other times the cause is some limitation to his tendency to free

vagabondage. The animal-like howls are set up; then comes the destruction

of everything that surrounds him, and violences of all sorts.

When he is interrogated in his calmer moments as to the reason of this, he

replies that it is what they do in his country.

DIAGNOSIS.

_Advanced physical and psycho-physical degeneration. Phrenasthenia. Moral

idiocy. Instinctive criminality._

MEDICO-LEGAL AND SOCIAL CONSIDERATIONS.

This is the case of an instinctive criminal, a person fatally and

immutably impelled to vagabondage, theft, and violence.

He bears the characters, physical and psycho-physical, of degeneration, of

aberration, of constitutional abnormality, sufficient for recognition.

Especially noteworthy are the lambdoidal depression, the marked

plagiocephalia and plagio-prosopia, the superior prognathism, and the

inferior dental irregularities, the thoracic asymmetry, the pallid

complexion, the hypoalgesia, the weakness and perversion of some of the

special senses, the unrestrained onanism, the predominant love of

vagabondage, the furious and animal-like anger, the destructive

tendencies.

It is clear that all the admonitions and punishments inflicted during

seven years, besides failing to produce any good effects, succeeded in

exercising, so to speak, the natural mechanism of his violent impulses,

and thus brutalised him still further. He is, therefore, incorrigible.

Of this the Military Tribunal of Naples were, as the result of this

examination, convinced, declared that our subject is irresponsible, and

acquitted him.

But does the duty of science end here? Is this verdict sufficient for

order and social security?

Surely not.

This individual, thus constituted, must be regarded as a perpetual source

of danger. It is therefore necessary to adopt a mode of treatment which,

instead of brutalising him, will endeavour to obtain from him the maximum

social utility of which he is capable, while at the same time it will

render it impossible for him to injure other persons who are unlike

himself.

For this purpose sequestration is necessary, the method of moral treatment

and the watchful care obtained within a criminal asylum.

VI.--The following report, by O. Hotzen (here abbreviated), appeared in

the _Vierteljahresschrift für gerichtliche Medicin_, and in the _Archivio

di Psichiatria_ for 1889, fasc. 2.

Maria Köster died at the age of 22 of tuberculosis; at the age of 18 she

had killed her mother with a hatchet; sixty wounds were found in the

mother’s body, some of them penetrating the skull.

As until then the girl had always been of good character, quiet and

hard-working, and on account of her youthful age, she was examined by

medical experts in order to ascertain if any morbid conditions had limited

her free will.

No mental alienation was recognised, especially at the time of the deed,

but certain preceding morbid phenomena and other subsequent circumstances

led the experts to an opinion which resulted in the commutation of the

death penalty to which she had been condemned.

Among her maternal ancestors, and in the mother herself, there had been

extreme avarice; they were most eager of money, and possessed by the fury

of gain; it was proved that this impulse had in some members of the family

paralysed the sentiments of equity and honesty.

The father was a drunkard.

The girl had a certain amount of education; she wrote, in an exact style,

a diary of her impressions. She had acted as a servant, as an assistant in

a printing-office, as a sempstress. She was thin, and slightly developed;

menstruated at 19; had a very high opinion of herself.

Apparently of tranquil disposition, she was declared by some to be

envious, a liar, and a thief.

Notwithstanding simulated indifference, she coveted the savings which her

mother had scraped together; she cherished hatred against her parents;

continual quarrels and unworthy calumnies revealed a heart apparently

good, in reality selfish and depraved.

There was slight asymmetry of the face, due to flattening on the right

side; there was no perceptible lack of cranial symmetry.

The right pupil was larger than the left; both movable and perfectly

sensitive.

She had hysterical attacks, which became rare before the deed, and were

interpreted as a sexual neurosis of puberty. These attacks began with

præcordial anxiety and oppression of breathing, and usually ended with a

strong desire for movement, to which she yielded with only partial

consciousness. She was sometimes for hours in a semi-conscious condition,

with extravagant movements, vociferations, senseless talk, etc. Sometimes

she exaggerated the attacks; at other times opposed them. From papers that

she wrote in prison, it appears that some of these attacks were entirely

simulated.

The sexual functions were very irregular; she pretended a want of

inclination towards the other sex; the hymen was found lacerated.

She wrote a romance of her life, leaving out everything that might cause

disgust, and expressing penitence for the attacks that she confessed to be

simulated.

On her death-bed she developed attacks which were certainly not simulated.

She was very excitable, and her life was overspread by nervous tempests

which, in spite of herself, she was not able to dominate.

She had little love for her mother, who was avaricious and hard-hearted,

and refused her the slightest help.

In one of her papers, dating from the time of her most severe hysterical

phenomena, there are religious expressions marked by undoubted sincerity;

but when religion did not afford the consolation she expected, her zeal

cooled and she went to the opposite extreme.

After a brief mental struggle, she quietly selected the necessary

instruments, and studied her criminal design to its smallest details,

taking care to avoid discovery. After having formed her plans, she passed

the night in quiet sleep, and on the following day committed the deed.

In appearance everything was the work of premeditation and clear

consciousness. After the deed she astutely made insinuations against her

father, who was entirely innocent of complicity; on her knees, by her

mother’s body, she declared her own innocence.

She carried simulation to a fine point of art, displaying during these

days an energy and resolution astonishing in a person so weak. It is clear

that her deed had for the time raised her above herself.

She had a strange avidity for her mother’s goods. Her great desire was

separation from the paternal house and an independent position.

After the deed she said that she was no longer in the hands of Satan.

In prison she lived for more than three years without giving any sign of

mental or of physical disease. She bore herself in an unchanging, composed

manner, depressed, free from all eccentricity; it was a consolation to her

to know that her father and her sister had forgiven her.

At the end of 1886 appeared signs of rapid tuberculosis, to which she

succumbed. She died penitent, feeling sure of reconciliation with God.

At the autopsy advanced tuberculosis was found in both lungs, also in the

kidneys; this was the cause of death.

The brain could not be examined immediately, and was therefore preserved.

The dura mater, adherent to the cranium externally, was white and lacking

in lustre; internally there were bright spots with red maculæ as distinct

as in hemorrhagic pachymeningitis.

The brain was soft, humid, and very anæmic. Its weight, after the serum in

the cavities had flowed away, was 1164 grammes. The occipital lobes did

not entirely cover the cerebellum.

The form of the brain was elliptic. The sulci appeared deep and large. The

parietal and temporal lobes were very large, with great development of the

convolutions and numerous atypic clefts. The frontal lobe was small

compared to the parietal, and its convolutions compressed. The frontal and

occipital convolutions were not atypic except by their slight development.

There was scanty development of the frontal and occipital lobes,

especially on the left side.

_Conclusions._--We have here a real atrophy of the cerebral cortex, which

has the characters of a congenital hereditary degeneration. This atrophy

is manifested in the insufficient development of the frontal and, still

more, the occipital convolutions, in the smallness of the convolutions, in

the incomplete covering of the cerebellum by the cerebrum, and by the

number of atypical segmentations in the cerebral cortex, representing (at

all events in the opinion of Benedikt) a true aplasia.

These sulci were not the result of superior development; in their

neighbourhood there was no increase in the cerebral substance; they are

connected with a true atrophy of the cerebral mass. It is impossible to

admit the idea of atavistic regression. The connections found between the

frontal and inter-parietal fissures cannot be considered as the

re-crystallisation of the primitive convolutions and the longitudinal

fissures which characterise especially the carnivorous type. All these

deviations are found separately in brains which have for the rest a normal

structure. That which gives the morbid character is the extraordinary

amount of irregularity.

It cannot be denied that the left hemisphere was the most irregular,

although there was no cranial asymmetry; facial asymmetry only being

recognisable.

This matricide suffered from a grave neurosis at puberty, which left

traces up to near the time of the homicide; her judgments of life were

affected by a permanent and powerful morbid influence.

We cannot put into exact causal relation the degenerative changes in Maria

Köster’s brain, and the perturbations of her psychical activity during

life, but we are justified in considering her not completely responsible

for all her actions.

APPENDIX E.

_Elmira._

In the Report for 1885 the Secretary of Schools writes:--

Like Practical Morality, English Literature was at the beginning voted a

nuisance by the selected members and greeted by them as a fresh infliction

for the purpose of making more difficult the earning of marks. Distaste

was varied by positive anger; here and there a man suffered his first

bewilderment to pass into sullen unwillingness to make an attempt to

understand the new study. Several on receiving a play or an essay, opened

the book and closed it, doggedly declaring they had not the remotest idea

of what was expected of them. Encouraging advice was given in every case

of this sort that came to light, and when the pressure of the approaching

examination began to act, nearly every man, willing or unwilling, attacked

his author and his outlines. This first examination was sufficiently

creditable and the historical part at least was well done; but expected

signs were not wanting of mental confusion, of indifference, of

ineffectual groping after an author’s very palpable meaning, signs which

revealed a likely material for mental discipline of the most valuable

kind. The only means of removing these difficulties seemed to lie in

repeated doses of the same medicine, a conclusion soon warranted by

experience. Whatever could be was now done in the way of artificial

illumination, and when it appeared that examinations could be and actually

were passed by many men in the new subject, confidence began to dawn, and

the authors were taken up for the next test with less ugliness and far

more of tolerance. In a little while the class gathered momentum and

became thoroughly a fact. The change was accompanied by phenomena which

are unique from an educational and psychological point of view.

Any one passing along our corridors and galleries might now have witnessed

a curious spectacle--that of a student of literature reading by gaslight,

not the accustomed novel or light history, but the _Prologue_ of the

Canterbury Tales, the tragedy of Hamlet, Emerson’s _May-Day_, or the story

of Evangeline; pondering over the weighted pages of Bacon, or keenly

trying to read between the lines of Browning’s _Paracelsus_; not rarely

with a note-book at hand filled with private comments wrought out against

the coming examination. At the examinations, be it remembered, the pupil

was required to answer historical questions and, more important than this,

to write out extemporaneously an essay or report dealing with some topic,

more or less extensive, growing out of the text of his author--which topic

was selected not by himself but by the Instructor on the day of the test.

If one could realise the mental process of a “tough” from the slums of the

metropolis, who, after passing up from class to class of our school, is

forced to apply his intellectual faculties for the first time to the

careful reading of an essay of Macaulay or a poem of Goldsmith, to enter

in short upon the _terra incognita_ of good literature; and if one could

then conceive of the state of this same “tough” when, after six months of

application with growing susceptibility, he reads up _for pure pleasure_

the history of the Renaissance, searches the pages of Dante for

illustrations of the text of Chaucer, ransacks our reference library for

specimens of early English;--if one could do this he would comprehend in

some measure what has been done by our class in English Literature. Our

students, of course, were not wholly without intellectual culture at the

start. A few possessed a large amount of it. All had been imbued with some

sense of the excellence of culture by the labours of our lecturers in

science, philosophy, and history. The discussions in the Practical

Morality class had awakened our argumentative powers and developed a sharp

relish for ethical questions. We had all had experience, too, in the

reading of standard works of fiction and even of books of utility; but the

formal study of an English, often of an old English, author, involving an

examination, was something wholly new. A direct movement towards pure

æsthetic culture was unprecedented for men who generally demanded that

books should be amusing, should help to kill time in prison. The first

effect was, as already remarked, discouraging. English literature did not

immediately “take.” But necessity made it take, and the inevitable love of

literature which quickly sprang up did the rest. The essays and poems were

conned over and over, and minds heretofore innocent of culture became

saturated with the drinkable gold of the classics. A change of feeling

came over us; distaste passed into satisfaction as the intrinsic beauty of

the masters leavened our minds; indifference gave way to zeal and the

study became delightful. An interest feeble at first had grown rapidly.

Among the early favourable indications were the requests for information

as to the lives of authors and the eager reading of biographies and

literary notices. Then arose the desire to read other works of a given

author, or to be allowed to spend another month in more minute study of a

masterpiece already absorbed in the rough. Notes poured steadily in upon

me exhibiting in countless ways the growth of a sentiment which can be

termed nothing else than enthusiasm. It was a true _naissance_ or birth of

letters. Like the scholars of the Revival period in England, our students,

inspired by the simple love of learning, sought culture everywhere. Every

available source of enlightenment, every volume of classic English in our

reference library, was in its journey from hand to hand of our students a

testimony to their enthusiasm. Books which had long remained unused

suddenly became very popular, and the delight in reading expanded so as to

include not merely literature but other lines as well--ethics, economics,

sociology, history, the ancient classics, natural science. Thus on a very

small scale, but none the less truly, our revival followed an instinctive

development entirely similar to the great Renaissance. As we write the

interest is undiminished, but rather grows by its own great energy of

motion. The new spirit penetrates the whole life of the institution. In

their social intercourse our inmates make regular topics of books and

authors; informal debates diversify the Dining Hall exercises, and the

instructor is gratuitously made the arbiter of frequent discussions of the

“new learning.” Even with incorrigible and indifferent men, who remain

uninfected by enthusiasm, the simple strain of inexorable requirement has

proved and is proving valuable.

In the Report for 1888 Mr. Z. R. Brockway, the General Superintendent,

writes of the literary training of criminals:--

After many years’ experience in efforts to educate young criminals as a

means of their reformation I am more and more impressed with its

importance. To progress from illiteracy to a good common school education

involves such changes, and increase of mind-power, that the prisoner,

under similar circumstances to those of his crime, will be likely to

differently govern his conduct. Possessing more of intelligence, he

instinctively sees the consequences of misconduct more clearly than was

possible for him previously, and he will, even without consciously willing

to follow good moral conduct for the sake of morality, be more likely to

follow it as the path of wisdom. It is, as the rule, idle to expect a

change of character without a change of mind; and without new habitudes,

which are the result of educational training, there cannot be confidently

predicted any permanent change of mind. To advance a young man from the

habit of blind obedience to his instincts to habitual conduct, that is

self-regulated by more or less of reason, is to insure some change of

character, and usually a change for the better. The general library,

although of but moderate proportions, contributes not a little to such an

educational advancement. The small reference library has, the year past,

been well used under pressure of a demand occasioned by the lectures,

which are followed with examinations, affecting the date of the prisoner’s

release. The books in this library division are mainly of philosophical,

mechanical, historical, and biographical character, with a few poetical

works from standard authors. The librarian’s distribution receipt book

shows that, of these reference library books, there have been issued, by

request during the year, 7588 books besides the issue of the general

library books, and a weekly issue of 400 magazines and periodicals. The

taste for and habit of reading that many have acquired while here, have,

as we have reason to believe, followed and remained with them at home

after their release. Letters from parents and friends have been received

expressing their surprise and gratification that he who previous to his

course of training here was restless at home, hurrying to the street after

the day’s work and evening meal, now since his return from the

reformatory, hurries home from his work, finding for himself, and

imparting to others, happiness with his books and quiet domestic

enjoyments.

In the same Report Mr. Marvin, the instructor of the class in Practical

Ethics, writes:--

The nature of the lessons may be expressed roughly by saying that the

moral life has been taken up as the subject of study, just as wealth is

taken up in political economy, but no strictly theological questions have

been brought in. Such difficulties of thought regarding moral

distinctions, motives good and bad, conflicts of conscience, the justice

and expediency of laws and governments, as usually arise as people begin

to reflect seriously upon the ways of the better social life, have been

considered, besides many practical questions regarding self-control,

elevation of feeling and thought, and the part of wisdom in every-day

affairs. To provide a thread by which the lectures might be connected into

a systematic series, they have been thrown into the form of reviews of the

views in turn of the various master-minds in the department of ethical

knowledge, as to the leading purpose of the wise man. Many quotations from

these writers have been given, so that the instruction has afforded some

information to the man of a historical or semi-philosophical character

aside from its main purpose.

The aim has been not so much to impart a knowledge of stereotyped facts

and ideas as to stimulate the minds of the men to obtain for themselves a

true conception of the moral order of the world of which they are members,

and to form true convictions as to their relations to it. On this account

both sides of doubtful questions have been noticed and a decision called

for. The leading consideration in the selection of lecture topics from

week to week has been the needs and interest already shown. Free

discussion has always been allowed, and in some cases it has seemed

profitable to devote almost the whole lesson period to it. This method not

only holds the interest of the learners, even causing it at times to run

quite high, but enables the instructor to carry them along more readily to

desired conclusions.

The intelligence of the class is, I think, on the whole best compared to

that of an advanced class in a high school, some, of course, rising above

this standard, others falling below. In general, as compared with persons

of similar age in the better classes outside, they seem to be bright and

quick rather than deep or close students. Their remarks in the class

frequently bring forth applause or signs of disapproval from their

responsive fellows, and occasionally a vein of purer metal and greater

depth is touched. Without much liking for books, they seem to take

naturally and successfully to the study of human nature. As might be

expected, they do not evince much previous reflection upon ethical

matters--not as much, I think, comparing them again to those of similar

age outside, as upon economic topics.

In what degree the purpose of this course of instruction has been

accomplished cannot of course be determined. The examination papers as a

whole, taken with the conduct of the men in class and elsewhere in the

prison, seem to warrant the belief that considerable moral obscurity has

been removed. There is abundant evidence that cant and hypocrisy have less

to do with answers in examination than might be supposed, as the most

superficial and refractory views are there expressed with almost unbounded

confidence in their truth, and are marked the same as more approved views

when the question calls for opinions.

In the Report for 1889 Mr. Brockway writes as follows of military drill

and of physical training:--

The military drill of the inmates, which commenced a year ago, has been

continued until now, and a good degree of perfection has been reached. Ten

companies compose a regiment of 803 men. Every day the unemployed inmates

are drilled in the forenoon; and all are drilled on Wednesday and Saturday

afternoons; there is a dress parade every evening at 4 o’clock, and once a

month a competitive examination is held, when all the companies compete

for a set of badges to be worn for the month by the commissioned officers

of the successful company. Gradually the government of the whole place is

becoming a military government, largely by inmate military officers. The

military organisation was made possible, indeed made necessary, by the

cessation of labour in August 1888, in obedience to the Act of July of

that year; but it has been found to be most serviceable in every way. The

health and bearing of the men is better, their habitual mental tone is

improved, common disciplinary difficulties have been diminished or

well-nigh removed, and the military government of a reformatory seems now

almost indispensable to satisfactory management. Holding this view, I

have, by the authority of the managers, appointed a competent military

instructor, Mr. Claude F. Bryan, making thus what at first was but an

experiment of military drill and government in a prison a permanent

department of training and a distinguishing feature of its disciplinary

regime. The regiment is fully officered with line and company officers, a

good brass band with drum corps is provided, and is in daily attendance at

dress parade. Courts-martial and a weekly officers’ class for the study of

tactics are held under the guidance of Colonel Bryan, and, in all things,

Upton’s tactics are closely followed.

The building for the scientific physical renovating treatment of a

considerable class of the inmates is now nearly completed from funds

provided by the legislature of 1888. It is 80 × 140 feet, with an open

trussed roof over the whole space. The exercising hall is 80 × 100 feet,

and has suspended upon the walls a gallery for pedestrian exercise. A

space 40 × 80 feet of the eastern end is devoted to baths, hot, warm, and

plunge, and with rooms for massage treatment, etc., etc. Complete

scientific apparatus has been purchased, to be erected about the first of

December, when, with the enlarged opportunities and improved facilities,

as well as with the added experience and study of the physician and

instructor, a most interesting, and, it is believed, valuable experiment

will be made, intended to demonstrate what possible improvement may be

wrought with defectives and dullards, in their mental and moral habitudes,

by an improved physical tissue accomplished by wise and thorough physical

treatment.

INDEX.

Alcoholism in relation to crime, 97, 144, 281

Animals, crime among, 203

Animals among criminals, love of, 153

Anthropometric identification of criminals, 276

Aram, Eugene, 135, 153

Aristotle, 27

Art, criminal, 190

Aubrey, 250

Barré, 20

Beltrani-Scalia, 36, 252, 264

Benedikt, 1, 43, 50, 61, 113, 237

Bertillon, A., 276

Bielakoff, 45

Bischoff, 60

Blushing in criminals, 121

Booth, J. W., 141

Borrow, G., 139

Bramwell, 290

“Breakings out” among criminals, 148

Brinvilliers, 129, 141

Broca, 61

Brockway, Z. R., 270

Byrnes, Inspector, 22, 81, 154

Campi, 86

Capital punishment, 235

Carpenter, Miss, 149, 238

Casanova, 151

Cellini, 187

Cerebral characteristics of criminals, 60

Ceuta, 240

Children, crime among, 210

Chrétien family, the, 96

Clarke, Vans, 59

Colajanni, 23, 208, 248, 299

Colour blindness in criminals, 117

Contagion of crime, 177

Corre, 128, 286

Cranial characteristics of criminals, 49

Crime, the factors of, 24;

biological origins of, 203;

among children, 210;

the increase of, 295;

largely a social fact, 297

Criminals, political, 1;

by passion, 2;

instinctive, 17;

occasional, 17;

habitual, 19;

professional, 21;

cranial and cerebral characteristics of, 49;

physiognomy of, 63;

anomalies of hair among, 72;

of body and viscera, 88;

tattooing among, 102;

their motor activities, 108;

their physical sensibilities, 112;

their moral insensibility, 124;

their intelligence, 133;

their vanity, 139;

their emotional instability, 142;

their religion, 156;

their slang, 161;

their literature and art, 176;

their philosophy, 193;

the treatment of, 233;

the training of, 260;

at Elmira, 264;

anthropometric identification of, 276;

treatment of occasional, 278;

regarded as heroes, 283

Crothers, 99

Crozes, 182

Dalla Porta, 28

Dally, 32

Davitt, 125, 162, 170, 238

Death, criminals’ ways of meeting, 128, 158

Despine, 33, 126

Desprez, 143

Disvulnerability of criminals, 113

Dixon, Hepworth, 80

Dostoieffsky, 121, 124, 130, 147, 153, 155, 193, 214, 276

Down, Langdon, 66, 84, 93, 150

Drago, Luis del, 45

Drill, 45

Ear in criminals, the, 65

Elmira Reformatory, 92, 99, 183, 264

Epilepsy and crime, 228

Epileptics, 150

Eyesight in criminals, 116

Fallot, 62

Féré, 43, 68, 280

Ferri, E., 23, 40, 78, 203

Flesch, 43, 62

Flogging, 274

Frigerio, 67, 70

Frontal crests, 51

Galen, 27

Gall, 29, 61, 124

Galton, 109

Gambling among criminals, 144

Garofalo, 40, 78, 250, 259

Gautier, E., 81, 97, 143, 247

General paralysis and crime, 228

Giacomini, 61

Gradenigo, 118

Grohmann, 29

Guerra, 88

Hair among criminals, anomalies of, 72

Hearing of criminals, 117

Heredity in criminals, 90

Hervé, 62

Holmgren, 117

Horsley, 35, 159, 162, 170, 252

Idiocy and crime, 228

Idiots, 65, 68, 73, 93, 112, 117, 150, 228

Inebriates, treatment of, 281

Insanity and the criminal, 289

Insane, the, 89, 107, 150

Japan, a prison in, 272

Joly, 19, 82, 157, 176

Jury, the, 292

“Jukes” family, the, 100, 222

Kocher, 43

Korosi, 96

Krafft-Ebing, 43

Krapotkine, 144, 155, 240, 246, 256

Krauss, 43, 134

Lacassagne, 24, 42, 88, 103, 106, 288

Lacenaire, 22, 153, 196, 203, 285

Laurent, 191

Lauvergne, 31, 159

Lavater, 29

Lebiez, 21, 181

Left-handedness in criminals, 108

Lélut, 32, 60

Liszt, 49

Literature, criminal, 176

Lombroso, 1, 36, 64, 72, 79, 83, 102, 120, 122, 170

Manouvrier, 43, 64

Marro, 41, 83, 93, 133, 157, 217

Maternity and crime, 218

Maudsley, 33

Mayhew, 148, 215

Menesclou, 85

Meningitis among criminals, 63

Mingazzini, 52

Moral insanity, 17, 91, 211, 229

Moreau, Abbé, 142

Morel, 32

Motor activity of criminals, 108

Muscular anomalies in criminals, 88

Naples, criminality of, 156

Nicolson, 35, 113, 149

Nose in criminals, the, 70

Occipital fossa in criminals, median, 51

Orgy, criminals’ love of, 145

Ottolenghi, 42, 66, 70, 71, 75, 111, 116, 118

Oxycephaly in criminals, 50

Pallor in criminals, 71

Penta, 41

Philosophy, criminal, 193

Physiognomy of criminals, 78

Pike, L. O., 207

Polemon, 28

Prins, 44, 47, 249, 299

Prison, the, 239

Prison inscriptions, 169

Professional criminals, 21, 223

Prostitution and crime, 218

Proverbs about criminals, 26, 78

Quetelet, 24

Ramlot, 115

Recidivism among women, 215

Religion of criminals, 156

Remorse among criminals, 129

Restif de la Bretonne, 74

Richter, 3

Rossi, 41, 99, 113, 130

Ruscovitch, 200

Salillas, 44, 145, 150

Salsotto, 42, 73, 129, 219

Savages, crime among, 205

Schneider, Marie, 7

Seneca, 28

Sensibility in criminals, physical, 112

Sentiment among criminals, 152

Sergi, 83

Sexual anomalies in criminals, 89

Sexual differences in criminals, 59, 118-19, 129, 214-21

Sexual perversity among criminals, 144

Smell in criminals, sense of, 118

Socrates, 27

Sollier, Alice, 65

Songs, criminal, 180

Stephen, Justice, 290

_Summary, The_, 183

Sutherland, H., 74

Tarde, 42, 205, 224

Tarnowskaia, 45, 64, 221

Taste in criminals, 119

Tattooing among criminals, 102

Taverni, 300

Tenchini, 51

Thieves’ slang, 61

Thomson, Bruce, 84

Tobacco among criminals, use of, 121

Tommasi, 42

Topinard, 60, 226

Troizki, 45

Turner, Sir W., 209

Vagabondism and crime, 222

Vallès, 254

Van Hamel, 44, 47

Vaso-motor sensibility of criminals, 121

Verlaine, 187

Vice and crime, relations of, 221

Vidocq, 135, 140, 146

Villon, 135, 186

Virchow, 64, 202

Virgilio, 41

Voisin, 32

Wainewright, T. G., 12, 96, 127, 153, 178, 195

Warner, F., 301

Wey, H. D., 88, 121, 261, 264

Wild, Jonathan, 136

Willis, 29

Wilson, G., 34

Wines, F., 255-6

Women, crime among, 214

Zanardelli Code, 36

Zigoma in criminals, 84

Zuccarelli, 41

_Printed by_ WALTER SCOTT, _Felling, Newcastle-on-Tyne_.

FOOTNOTES:

[1] Sander and Richter, _Die Beziehungen zwischen Geistesstorung una

Verbrechen_. See also Lombroso, _L’Uomo Delinquente_, vol. ii., part 3,

ch. 1, for many facts and figures concerning criminal insanity.

[2] _Journal of Mental Science_, October 1889. This case may be compared

with that of Maria Köster, given in the Appendix D, vi.

[3] Dr. H. Sutherland, _West Riding Asylum Reports_, vol. vi.

[4] Quoted by Despine, _Psychologie Naturelle_.

[5] Appendix by Dr. Paul Lindau to German translation of Lombroso, _Der

Verbrecher_.

[6] See Introduction by W. C. Hazlitt to Wainewright’s _Essays and

Criticisms_, 1880.

[7] Lombroso and some other authorities prefer the term “born criminal,”

or “congenital criminal” (_reo-nato_). The term “instinctive criminal”

seems to be safer, as it is not always possible to estimate the congenital

element.

[8] _Scenes from a Silent World._ By a Prison Visitor. 1889.

[9] H. Joly, _Le Crime_, 1888, p. 269.

[10] Whoever wishes to study the modern professional criminal and his

methods should consult Inspector Byrnes’ _Professional Criminals of

America_. It is not a scientific work, and has no reference to

anthropologic methods, but it contains a very large and valuable series of

photographs of contemporary criminals of note, with a sketch of the career

of each.

[11] The classification of criminals adopted in this chapter corresponds

substantially with that of Professor Enrico Ferri, by him recognised as

provisional. It is also, I find, almost identical with Dr. Colajanni’s.

[12] Seneca also advocated, in a similar way, the removal without

vengeance of noxious members of the social body: “At corrigi nequeunt,

nihilque in illis lene aut spei bona capax est?--Tollantur e coetu

mortalium facturi pejora quæ contingunt et quo uno modo possunt, desinant

esse mali; sed hoc sine odio. Nam quis membra sua tunc odit cum abscidit?

Non est illa ira, sed misera curatio. Rabidos effigimus canes, et trucem

atque immansuetum bovem occidimus, et morbidibus pecoribus, ne gregem

polluant, ferrum dimittimus. Nec ira sed ratio est, a sanis inutilia

secernere.”--_De Ira_, lib. i., cap. 15.

[13] This is the term now generally used to signify the science of the

criminal. It is, however, open to objection. “Criminal Psychology” has

been suggested, but is somewhat narrow. Professor Liszt has proposed

“Criminal Biology,” and at the last International Congress of Criminal

Anthropology, Topinard suggested “Criminology.” “Criminal Anthropology,”

however, is so widely used that I have not ventured to introduce any

substitute. The reader must remember that criminal anthropology, although

related to general anthropology, is not merely a branch of that science.

[14] For a brief summary of its proceedings, see Appendix B.

[15] See Appendix C.

[16] It is worthy of note, as Lombroso remarks, that the first

investigator of the criminal in England on modern scientific lines should

be a clergyman--the Rev. W. D. Morrison. See his “Reflections on the

Theory of Criminality” in the _Journal of Mental Science_, April 1889.

[17] This, and most of the other opinions of Professor Benedikt quoted in

this section, are from _Kraniometrie und Kephalometrie_, Vienna, 1889.

[18] The evolutionary tendency of the skull among the higher vertebrates

seems to be from the asymmetrical to the symmetrical, while the tendency

of the brain is from the symmetrical to the asymmetrical. See M. O.

Fraenkel: “Etwas über Schädel-Asymmetrie und Stirnnaht,” _Neurologisches

Centralblatt_, August 1, 1888.

[19] _Archivio di Psichiatria._ 1888. Fasc. VI.

[20] For an admirable statement of the present condition of the question

see an article by Professor Fallot of Marseilles, “Le Cerveau des

Criminels,” in the _Archives de l’Anthropologie Criminelle_, 15th May

1889. Lombroso’s treatment of this question is extremely brief, and not

always accurate.

[21] “Lectures on Physiognomical Diagnosis of Disease.” _Medical Times_,

1862.

[22] “Contributions à l’Étude de quelques Variétés Morphologiques de

l’Oreille Humaine.” _Revue d’Anthropologie_, 15th April, 1886.

[23] Dr. F. Warner, “Form of Ear as a Sign of Defective Development.”

_Lancet_, 15th Feb. 1890.

[24] Schwalbe, who distinguishes five principal forms of the Darwinian

tubercle, regards it as normal, and believes that with a little practice

it might be discovered in nearly all ears. This may well be, but in its

distinctly marked form it can scarcely be called normal.

[25] See his paper, “Lo Scheletro e la forma del naso nei criminali, nei

pazzi, negli epilettici e nei cretini,” in the _Archivio di Psichiatria_

for 1888. Fasc. I.--Professor Héger, in a communication to the Société

d’Anthropologie of Brussels, remarks that he is able to confirm many of

Dr. Ottolenghi’s conclusions with reference to the nasal aperture in the

cranium, by examination of the skulls of Belgian murderers.

[26] Almost as well marked as this tendency to fair hair among Italian

sexual offenders--which possibly may be a question of race--is the

predominance of blue eyes. Ottolenghi, who considers it as one of the most

constant characters of the class, gives the following figures:--

Blue. Brown. Greenish.

Normal persons 29.04 per cent. 63.91 per cent. 7.05 per cent.

Criminals 35.80 " 59.50 " 4.70 "

Sexual offenders 49.60 " 45.76 " 4.64 "

Bichromatism (irregular colouring) of the iris is also found with unusual

frequency in this class of offenders.

[27] Ottolenghi, “La canizie, la calvizie e le rughe nei criminali.”

_Archivio di Psichiatria_, 1889, Fasc. I.

[28] The surgeon of Leeds prison, in his answers to my Questions, records

his opinion that the red-haired are “relatively more prevalent” among

prisoners than among the ordinary population. This opinion stands alone,

nor is it supported by any figures.

[29] “Des Anomalies des organes génitaux chez les idiots et les

épileptiques.” _Progrès Medical_, No. 7, 1888.

[30] Ottolenghi, “Nuove Ricerche sui rei contro il buon costume.”

_Archivio di Psichiatria_, 1888. Fasc. VI.

[31] Ottolenghi, “II Ricambio Materiale nei Delinquenti-nati.” _Archivio

di Psichiatria_, 1886. Fasc. IV.

[32] _American Medico-Legal Journal_, June 1888.

[33] _The Jukes: A Study in Crime, Pauperism, Disease, and Heredity._ By

R. L. Dugdale. Putnam’s, New York, 1877. It may be as well to mention that

when Continental writers refer to the “Yucke,” or “Yuke,” family, they

mean the “Jukes.”

[34] The cost being, at a very moderate estimate, 47,000 dollars for a

single family during 75 years. The total cost Dugdale estimates at a

million and a quarter dollars during this period, without taking into

consideration the entailment of pauperism and crime on succeeding

generations. The hereditary blindness of one man cost the town 23 years of

out-door relief for two people, and a town burial.

[35] For the sake of comparison with the non-criminal population, it may

be mentioned that among 2739 soldiers of the Italian infantry Baroffio

found only 41 tattooed--that is, 1.50 per cent.

[36] This cause doubtless plays the chief part in keeping up the practice

of tattooing among the wealthy and well-to-do. A London professor of the

art, when asked by a representative of the _Pall Mall Gazette_ to what

class of society his customers chiefly belonged, replied: “Mostly officers

in the army, but civilians too. I have tattooed many noblemen, and also

several ladies. The latter go in chiefly for ornamentation on the wrist or

calf, or have a garter worked on just below the knee.” “On what part of

the body are most of your clients tattooed?” “Mostly on the chest or arm;

but some are almost completely covered, patterns being worked on their

legs and back as well. They do not care to have patterns where they would

be seen in everyday life.”

[37] “Among savage women (with the exception of the Kabyles and the Arabs)

the custom,” remarks Lombroso, “is very infrequent. It scarcely ever goes

beyond the arms or cheeks. Still less can one say that it has been adopted

by the honest women of Europe, even of the poorest class, except in some

rare valleys of Venetia where the peasant women trace a cross on their

arms. Parent-Duchatelet found that prostitutes of the lowest order

tattooed their arms, shoulders, armpits, or pubis with the initials or

name of their lover, if young, or their tribade, if old, changing these

signs, even thirty times (with the aid of acetic acid), according as their

caprices changed. Among the prostitutes of Verona, as I have learnt from a

police official, some instances of tattooing have been noted (hearts,

initials, etc.), but only among those who had already been in prison.”

[38] “Il tatuaggio nel Manicomio d’ Ancona,” _Cronaca del Manicomio d’

Ancona_, Nov. 1888.

[39] _West Riding Asylum Reports_, vol. vi.

[40] “Il Mancinismo anatomico nei criminali,” _Archivio di Psichiatria_,

1889. Fasc. VI.

[41] At Tahiti and Viti the sexual organs were sometimes tattooed. Among

142 tattooed criminals, Lombroso found 5 with designs on the penis;

Lacassagne’s very extensive researches show a smaller proportion (11 out

of 1,333).

[42] The dependence of disvulnerability on insensibility is well shown in

Delboeuf’s experiment: he made two equal and symmetrical wounds on the

right and left shoulders of a hypnotised subject, and suggested

insensibility on the right side. That side healed much more rapidly.

[43] _Journal Anthropological Institute_, Nov. 1889.

[44] _Bulletin de la Société d’Anthropologie_ of Brussels, 1885.

[45] “L’occhio dei delinquenti,” _Archivio di Psichiatria_, 1886. Fasc.

VI.

[46] Charles Oliver, “The Eye of the Adult Imbecile.” _Transactions of the

American Ophthalmological Society_, 1887.

[47] _Archivio di Psichiatria_, Fasc. III.-IV., 1889.

[48] For the sake of comparison, Gradenigo gives the result of examination

of 69 men and women belonging to the ordinary population, chiefly the

lower class. Of these 44.6 per cent. of the men, and 22 per cent. of the

women, showed diminished hearing.

[49] “L’Olfatto nei Criminali,” _Archivio di Psichiatria_, 1888. Fasc. V.

[50] _Archivio di Psichiatria_, 1889, Fasc. III.-IV.

[51] _Studio sul tabacco nei pazzi e nei criminali._

[52] _Revue Scientifique_, 1889.

[53] See Mosso’s own account of the plethysmograph in his attractively

written monograph, _La Peur_, Ch. V.

[54] _Physical and Intellectual Training of Criminals_, p. 53.

[55] _Leaves from a Prison Diary_, p. 119.

[56] _Archivio di Psichiatria_, 1889, Fasc. III.-IV.

[57] Numerous examples of the moral insensibility of criminals may be

found in Dr. Corre’s book, _Les Criminels_ (1889), p. 157; _et seq._

[58] Kitts’ _Serious Crime in an Indian Province_, 1889, pp. 14, 15.

[59] “The Maoris of New Zealand.” _Journal Anthropological Institute_,

Nov. 1889.

[60] “Cesare Lombroso’s Werk in seinem Verhältniss für Gegenwart und

Zukunft der gerichtlichen Psychopathologie.” _Friedreich’s Blatter_,

Nürnberg, 1888.

[61] _History of Crime in England_, vol. ii. p. 255, _et seq._

[62] _The Bible in Spain_, Chap. xl.

[63] _In Russian and French Prisons_, pp. 335, 336. See also Mr. Davitt’s

book. Salillas gives a vivid picture of the fearful extent to which sexual

perversity rules in Spanish prisons, especially in the prisons for women.

The governor of one prison recently used all his influence to put an end

to this state of things. The women compelled him to resign.

[64] _Recollections of the Dead-House_, Chap. v.

[65] H. Mayhew, _Criminal Prisons of London_, 1862, p. 188.

[66] Report of British Special Commissioner, 1887.

[67] Kitts, _Serious Crime in an Indian Province_, p. 83.

[68] “La Criminalita nella provincia di Napoli.” _L’Anomalo_, Feb. 1889.

[69] _Jottings from Jail_, pp. 2-4.

[70] _Leaves from a Prison Diary_, p. 108.

[71] Lombroso, “Palimsesti del Carcere,” in _Archivio di Psichiatria_

during 1888-89; Horsley, _Jottings from Jail_, pp. 20-23; Davitt, _Leaves

from a Prison Diary_, pp. 104-115.

[72] See, for instance, Dr. Aubrey’s recent work, _La Contagion du

Meutre_, pp. 68-91, and some remarks by Mr. Davitt, _Prison Diary_, p. 85.

[73] _Essays and Criticisms._ By J. G. Wainewright. Now first collected,

with some account of the author, by W. C. Hazlitt. London: Reeves &

Turner, 1880.

[74]

“Je suis Francoys, dont ce me poise,

Nommé Corbueil en mon surnom,

Natif d’Auvers emprès Pontoise,

Et du commun nommé Villon.

Or d’une corde d’une toise

Sauroit mon col que mon cul poise,

Se ne fut un joli appel.

Le jeu ne me sembloit point bel.”

[75] _Parallèlement_, 1889.

[76] _History of Crime in England_, 1876, 2nd series, p. 509.

[77] _La Criminalité Comparée_, 1886, p. 27.

[78] Thus, for example, the squamoso-frontal articulation is found in less

than 2 per cent. of European skulls, whilst it is found in 20 per cent.

negroes (Ecker) and 16.9 per cent. Australian skulls (Virchow). Again, the

spheno-pterygoid foramen is found in 4.8 per cent. European skulls and in

20 per cent. American Indians, 30 per cent. Africans, 32 per cent.

Asiatics, and 50 per cent. Australians. So also wormian bones are more

common among the lower races.

[79] A remarkable instance of this simulated atavism is the uniformity

with which (according to Lacassagne, _Archives de l’Anthropologie

Criminelle_, 1886) rapes are effected by methods common among lower races,

and even animals. This is not atavism, but the criminal, being a man of

primitive organisation, will naturally exercise the brutality and lack of

consideration which belong to a lower race.

[80] It may be noted that Rossi found the same precocity in the abuse of

alcohol, in the form of wine--_i.e._, 11 when children, without knowing

the precise age; 2 at five years, 3 at eight, 1 at nine, 6 at ten; and so

on. And sexual precocity was even more notable.

[81] E. J. Kitts, _Serious Crime in an Indian Province_, 1889, pp. 8, 85.

[82] Mr. Horsley has compiled from the Judicial Statistics the following

table of individuals committed more than ten times, with proportion to

total of recommittals:--

+-------------------------------------------+

| Year. | Male. | Female. | Male. | Female. |

|-------|-------|---------|-------|---------|

| 1879 | 3706 | 5673 | 8.3 | 22.4 |

| 1880 | 3691 | 5800 | 8.3 | 23.6 |

| 1881 | 3618 | 6773 | 8.2 | 27.3 |

| 1882 | 4148 | 7496 | 8.8 | 27.4 |

| 1883 | 4391 | 8946 | 8.9 | 29.3 |

| 1884 | 4734 | 9316 | 9.4 | 30.2 |

| 1885 | 5188 | 9451 | 10.0 | 31.6 |

| 1886 | 5074 | 8981 | 10.1 | 33.2 |

| 1887 | 5686 | 9764 | 11.1 | 34.2 |

+-------------------------------------------+

[83] While maternity has this beneficial influence, precocious and random

sexual relationships have an equally grave influence in the opposite

direction. This is clearly shown in the valuable details given by Marro.

[84] _La Criminalité Comparée_, 1886, pp. 51-53.

[85] “Criminologie,” _Revue d’Anthropologie_, Sept. 1888.

[86] “L’Anthropologie Criminelle,” _Revue d’Anthropologie_, 1887.

[87] _Loc. cit._, p. 686.

[88] All the evidence which has so far been accumulated with regard to the

connection between criminality and epilepsy will be found in considerable

detail in the second volume of Lombroso’s great work, _L’Uomo Delinquente_

(1889). To announce any definite conclusions would still be premature.

[89] See Ireland’s _Idiocy_, and Langdon Down’s _Mental Affections of

Childhood and Youth_. The latter contains many valuable facts and

suggestions in this connection.

[90] _In Russian and French Prisons_, p. 359.

[91] _Leaves from a Prison Diary._ Lecture I.

[92] Here and in the following lines I am quoting from Mr. Charles Cook of

Hyde Park Hall, London, whom Mr. Spurgeon has called “the Howard of the

present day.” Mr. Cook deserves all honour for his visits (primarily with

a religious object) to some of the worst prisons of the world--visits for

which he has paid the old penalty of “gaol fever.” With reference to

Ceuta, I should add that Mr. Cook’s impressions are not altogether

confirmed by competent Spanish prison reformers. Ceuta, which dates from

the seventeenth century, is a kind of criminal Gheel, its chief

peculiarity being the close relationship between the free and the convict

population. It is, as Salillas, from whose _Vida penal en España_ I take

the following remarks concerning it, observes, a convict city. There is

not strictly any isolation as in the other prisons of the Peninsula or the

Balearic Isles; nor is it an extraneous focus of moral infection, as at

Saragossa or Valladolid; nor a merely economic supplement, like that of

Alcala and some others; nor, in short, a centre of inaction or of

artificial life. The convicts are an integral part of the population,

sharing in the economic, social, urban, military, administrative,

industrial, and agricultural order of its life, and fulfilling a great

variety of functions. They obtain and carry the materials for constructing

the fortifications and buildings, make and repair the roads, erect forts

and houses, work in timber and in iron, cultivate the field. They are

painters, photographers, shoemakers, tailors, servants fulfilling

confidential domestic duties; they are clerks, even professors lecturing

on arts, sciences, and philosophy. Between the free and the convict

population, Salillas says, there is more than affinity; there is a kind of

organic dependence. Convicts enter the houses without hindrance; no one

regards them with dread, or fears to meet them. Who is the coachman who is

driving? A convict. Who is the lad serving at table? A convict. And the

cook who prepared the meal? A convict. And who takes care of the children?

A convict. And all the chief families, having servants belonging to the

prison, do they not fear robbery, rape, murder, poisoning? No. This

custom, founded in necessity, has its credit in experience. An eyewitness,

Juan Relosillas (_Catorca Meses en Ceuta_, 1886), says--“Everyone calls

them ‘good prisoners’; they are so, faithful, sober, hard-working,

respectful, and intelligent.”

[93] The impartial Moorish method of administering justice may be gathered

from the following example mentioned by Mr. Cook. One Mogador Jew recently

brought another before their Governor to recover a sum equal to about 6¼d.

Both were thrown into prison, from which they were released on paying the

following little bill:--

s. d.

To the Governor, plaintiff, one loaf of sugar 2 0

" " defendant, " " 2 0

" two policemen who took them to gaol 0 9½

" " " them out of gaol 0 9½

" gaoler 0 4¼

" " for use of prison lavatory 0 4¼

-----

6 3½

It frequently happens that the prisoner is unable to settle his bill, and

is compelled, therefore, to remain a prisoner.

[94] _Jottings from Jail_ (1887), pp. 186, 190. Judge Willert (_Das

Postulat der Abschaffung des Straffmasses mit der dagegen Erhobenen

Einwendung_), as quoted by Garofalo, uses the same simile to show the

absurdity of this system.

[95] _Leaves from a Prison Diary_, pp. 173, 174.

[96] _In Russian and French Prisons_ (1887), pp. 263-283.

[97] “Le Monde des Prisons,” _Archives de l’Anthropologie Criminelle_,

1888.

[98] _Sketches from Shady Places_, by Thor. Fredur (1879), pp. 206-7.

[99] _Enquête Parlementaire_, tome v., pp. 345, 381, 542, quoted by Joly.

[100] Adolphe Prins, _Criminalité et Répression_, 1885.

[101] _Le Criminologie_ (1888), p. 220.

[102]

“Cu dici male di la Vicaria

Cei farrissi la faccia feddi-feddi.

Cu dici cà la carcere castia

Comu v’ ingannati, puvireddi!”

[103]

“Qua sol trovi i fratelli e qua gli amici,

Danari, ben mangiare e allegra pace;

Fuori sei sempre in mezzo ai tuoi nemici;

Se non puoi lavorai muori di fame.”

[104] _American Prisons_, by the Rev. F. H. Wines, the able secretary of

the National Prison Association. A great amount of valuable information is

compressed into this little pamphlet. Mr. Wines has endeavoured to

ascertain if the variation in usual length of sentence in different states

has any relation with amount of crime in that state. He was not able to

find any connection. “Apparently, the length of jail sentences pronounced

by the court has no effect either to increase or to diminish crime.” If

this is so, there arises, as he remarks, the question, “What useful

purpose do our jails subserve?”

[105] “Remarks on Crime and Criminals,” _Journal of Mental Science_, July

1888.

[106] It is unnecessary to consider here the relation of solitary

confinement to insanity. This is still somewhat of a vexed question. The

difficulty lies in the fact that the prisoner is frequently already

predisposed to insanity. Everything depends on how the isolation is

carried out. There is no question that cellular confinement, if

sufficiently prolonged, leads to insanity. There is a very extensive

literature dealing with this subject.

[107] H. D. Wey, _Physical and Industrial Training of Criminals_, p. 55,

New York, 1888.

[108] See Dr. Wey’s _Physical and Industrial Training of Criminals_, a

valuable little work, in which all the details of this and similar

experiences are given with care and fulness.

[109] Sufficient attention does not appear to have been given to music in

prisons. It is a civilising influence to which the criminal is often very

sensitive. An able administrator at the convict prison at Toulon long

since recognised this with happy results.

[110] For some further information concerning Elmira, see Appendix E.

[111] It is perhaps worth noting that the highly intelligent and eclectic

administration of Japan have adopted a very similar system, described in

an interesting letter by Mr. H. Norman, the travelling commissioner of the

_Pall Mall Gazette_, under the title of “An Ideal Prison” (_Pall Mall

Gazette_, 18th October 1888):--“Two days previously I had visited the

house of the most famous maker in Japan of the exquisite _cloisonné_

ware--the enamel in inlaid metal work upon copper--who rivals in

everlasting materials the brush of Turner with his pigments and the pencil

of Alma Tadema with his strips of metal. And I had stood for an hour

behind him and his pupils, marvelling that the human eye could become so

accurate and the human hand so steady and the human heart so patient. Yet

I give my word that here in the prison at Ishikawa sat not six but sixty

men, common thieves and burglars and peacebreakers, who knew no more about

_cloisonné_ before they were sentenced than a Hindoo knows about skates,

doing just the same thing--cutting by eye-measurement only the tiny strips

of copper to make the outline of a bird’s beak or the shading of his wing

or the articulations of his toe, sticking these upon the rounded surface

of the copper vase, filling up the interstices with pigment, coat upon

coat, and firing and filing and polishing it until the finished work was

so true and so delicate and so beautiful that nothing except an occasional

greater dignity and breadth of design marked the art of the freeman from

that of the convict. _C’etait à ne pas y croire_--one simply stood and

refused to believe one’s eyes. Fancy the attempt to teach such a thing at

Pentonville or Dartmoor or Sing-Sing! When our criminal reaches his prison

home in Tōkyō he is taught to do that at which the limit of his natural

faculties is reached. If he can make _cloisonné_, well and good; if not,

perhaps he can carve wood or make pottery; if not these, then he can make

fans or umbrellas or basket work; if he is not up to any of these, then he

can make paper or set type or cast brass or do carpentering; if the limit

is still too high for him, down he goes to the rice-mill, and see-saws all

day long upon a balanced beam, first raising the stone-weighted end and

then letting it down with a great flop into a mortar of rice. But if he

cannot even accomplish this poor task regularly, he is given a hammer and

left to break stones under a shed with the twenty-nine other men out of

2000 who could not learn anything else.” And in regard to punishment Mr.

Norman observes:--“On leaving the dormitories we passed a small, isolated

square erection, beaked and gabled like a little temple. The door was

solemnly unlocked and flung back, and I was motioned to enter. It was the

punishment cell, another spotless wooden box, well ventilated, but

perfectly dark, and with walls so thick as to render it practically

silent. ‘How many prisoners have been in it during the last month?’ I

asked. The director summoned the chief warder and repeated my question to

him. ‘_H’tori mo gozaimasan_--none whatever,’ was the reply. ‘What other

punishments have you?’ ‘None whatever.’ ‘No flogging?’ When this question

was translated the director and the little group of officials all laughed

together at the bare idea. I could not help wondering whether there was

another prison in the world with no method of punishment for 2000

criminals except one dark cell, and that not used for a month. And the

recollection of the filthy and suffocating sty used as a punishment cell

in the city prison of San Francisco came upon me like a nausea.”

[112] Wuttke, _Der deutsche Volksaberglaube der Gegenwart_, § 188 ff.; and

Ulrich Jahn, “Ueber den Zauber mit Menschenblut und anderen Theilen des

Menschlichen Körpers,” in _Zeitschrift für Ethnologie_, 1888, Heft ii., p.

130.

[113] The popular excitement over “Jack the Ripper,” and the Crown Prince

Rudolph of Austria, may be specially mentioned as having produced a large

number of crimes. They are, however, by no means isolated examples.

[114] It does not appear to be quite the same abroad. Some of those who

are most convinced in their efforts to magnify the scientific and

medico-legal elements in scientific procedure are lawyers; while medical

men show no wish to encroach unduly on the legal aspects. This came out

very clearly at the last International Congress of Criminal Anthropology.

[115] “Responsibility and Disease,” _Lancet_, 28th July 1888.

[116] In New South Wales, Tasmania, and Western Australia, the colonies to

which criminals were transported, there is more criminality than in the

other Australian colonies. This hereditary criminality would have swelled

the sum of British crime.

[117] Thus Dr. Carriel, in a recent Report of the Central Hospital for the

Insane of the State of Illinois, shows that whereas only 19 per cent. of

the population are foreigners, 41 per cent. of the insanity was among

foreigners.

[118] _Pall Mall Gazette_, 4th Nov. 1889.

[119] Macé, _La Service de la Sûreté à Paris_.

[120] In Bavaria, for instance, it has been shown that every increase of

six kreutzer in the price of corn meant one theft more per 100,000

inhabitants.

[121] _Criminalité et Repression_, p. 17.

The Criminal · 第 9 / 9 章