AGENT.

The Society continues to have the benefit of the labors of WILLIAM J.

MULLIN, who for so many years has filled the place of “Agent” at the

County Prison. His services are important to the Society, in the

amelioration of the condition of a vast number of men, women, and even

children, whom he finds in the cells of the prison, victims of the

errors of public officers, of their own follies, of the vindictive

feelings of unkind neighbors, of their own inordinate love of

litigation, or their own or their parents’ crimes. He is not called to

look to the cases of those who may be released by the Inspectors. His

labors are with the prosecutors, the aldermen, the district attorney,

and the court; and those labors resulted in the release of one thousand

four hundred and ninety-one persons during the year 1863. These

releases, of course, were all effected with the consent of some

established authority. And it may be added, that of the whole number

released, _forty-three_ were children.

The amount of domestic misery consequent upon the arrest and

incarceration of the 1491 persons is almost inappreciable. The injustice

corrected by the successful interference must have been immense, and the

pleasure brought to a suffering family by the restoration of parent or

child to approved innocence, and the duties and comforts of home, must

have been truly great.

But we are not to consider all these 1491 persons entirely innocent of

the charges brought against them. The magistrate had the commitment

supported by the oath of some complainant, and the complainant himself

was undoubtedly often justified by the conduct of the prisoner. The blow

for which assault and battery was charged, was probably given, and the

fruit or toy whose loss led to the imprisonment for larceny, was taken

by the accused. The pane of glass in the tavern window was probably

broken by the intoxicated creature who was charged with “malicious

mischief.” Nor, under these and similar circumstances, are we always to

censure the magistrate for taking the oath of a citizen. He commits to

prison, or holds to bail for trial, those who stand accused of the

violation of private rights. The offender knew, before he entered upon

his offensive conduct, that he was about to do wrong. But probably he

did not understand the extent of that wrong, and especially was he

ignorant of the extent of the penalty which he was about to incur.

We all know the axiom of criminal law, that “ignorance of the law

excuseth no man;” but we all know, also, that the axiom is not of equal

force in moral law; and the administration of criminal law itself has

practical exceptions to the rule. We have already said that a large

number of cases sent to court might easily be settled by the parties,

but especially by the interference of the magistrate; and we may add,

that more than two-thirds of the cases in which the magistrate holds, or

commits the prisoners for trial, could, before reaching the prosecuting

attorney, be settled, with benefit to the community and the offender.

The requirements of the law are seen and felt by the accused before he

finds himself committed. The vengeance of the law would do little

towards reforming one who already sees his fault, and is ready, as far

as possible, to make reparation. In such cases the interference of the

Agent has been found most beneficial, not merely in procuring the

discharge of the innocent, separating him from the association of

untried vagabonds and thieves, and sending him back to his family and

business, to work out and work off the stain which even _false_

imprisonment has set upon his character. But greatly advantageous has

been that interference in behalf of the guilty, of him who had actually

committed the act charged, but who felt the danger of his position as

well as the error or turpitude of his conduct, and who needed only to be

saved from the actual verdict of the jury and the sentence of the court,

to become a candidate again for public confidence and general respect.

To all visitors of prisons it is known that hundreds, who commit a

violation of the criminal law, never feel the degradation of their act,

or submit their minds to its disgraceful consequences, till they are

made companions of culprits in the prison cells,—that to be known to the

good as having done a notable wrong, is a mortifying means for

repentance and amendment; while to be in companionship with the admitted

bad, is to be almost certainly sealed to future infamy. This strong but

correct view of the cases of new offenders, is that upon which the Agent

has based his action; and it is not only due to him, but to the plans

and labors of the Society, to say, that while it is probable that some

of those whom he, with much labor, has released from prison, have shown

that they did not improve by his beneficent efforts, it is most true

that by far the largest portion have shown by their subsequent conduct

that they appreciate the benevolence that interposed in their behalf,

and were ready to make the only compensation which is acceptable to

their benefactor, viz., an amended life.

It is dangerous—it is at least wrong—to make a low estimate of the

labors that take a human being from the cells of a prison, when his

character is such as to lead to a belief that he will do no wrong, by

example, to society, nor sink in the scale of morals. It is wrong to say

that the verdict of a jury fully acquits a man, restores him at once and

entirely to society, and wipes away the stain which a prison cell has

imparted. Thousands hear of the charge who never know of the

acquittal,—thousands recollect the man as the inmate of a prison, who

have no remembrance of the full cause of his release. The adverse

statement of the press, as it regards the act, or the adverse testimony

on the trial, lives in the minds of many who do not know, or scarcely

would care, about all that was said in behalf of the accused to induce a

complete acquittal.

We know the power of conscious innocence; but we know also the effect of

conscious disgrace. A man who has been imprisoned long, on a criminal

charge, may, in his chamber, or in his family, feel the peace of a

“conscience void of offence;” but, abroad in the world, he will feel

himself continually on the defensive,—always anxious to show that he is

still worthy of the confidence he seeks,—always fearful that some act or

word of his, unnoticeable in others, may be construed as consistent with

charges which he has publicly disproved; and he feels that the months or

weeks of imprisonment which he has suffered, are not to be redeemed by a

whole life of liberty and honorable conduct.

There is something in the atmosphere of a criminal prison which seems

never to forsake the liberated prisoner: he feels its influence, and

suspects all to be guarding against its infection. In his imagination,

the deadly mephitic air is always about him. A reflection of innocence,

or a sense of repentance and full reparation, may appease the

conscience, but they will not take away the remembrance of the

incarceration; and it is to be feared that such painful reflections

have, when acting upon a morbid sensibility, led to suicide, or to a

return to crime. To diminish the evil, to lessen the effect of guilt, to

save self-respect, and restore man to the duties and enjoyments of

society, are the objects of the labors of the Agent, when he interferes

to save even the offender from such a punishment as shall operate upon

him beyond the demands of the law, and, reaching even over the culprit,

shall bring misery and disgrace and ruin upon his dependent family.

It is in this light the services of the Agent are to be regarded. He

releases hundreds of innocent persons, every year. He restores to family

and friends those who have been detained for insignificant offences. He

calls from the cells of the prison such as may have done acts that would

have lead to a criminal life, and he gives them their freedom before

association with the bad has weakened their moral perception,—before

they can have formed resolutions to revenge upon society the offence of

their incarceration. He assists to save the convict from a return to the

haunts of vice, and the associations that led to his crime and his

protracted imprisonment, and, supplying trifling sums, and aiding in the

application of funds furnished to him, he has seen the prisoner leave

the cell which he had occupied for more than a year, and return to a

distant family, to commence a life of improvement, and become a useful

member of the community in which he was reared; and it may be added

that, in one instance, at least, while the care of the Agent, in

connection with an Inspector, saved the released female from fulfilling

an engagement of crime which she had rashly formed, it placed her in the

bosom of a family that received her as a child, and made her feel all

the comforts and confidence of home which can be felt by the repentant

and the forgiven.

The immense saving to the city and county, resulting from the efficient

labors of the Agent, by which is saved the cost of maintenance in

prison, and of trial and acquittal in court, is worthy the consideration

of the tax-payer, and is appreciated by the Inspectors of the prison,

who administer the moneys appropriated to the maintenance of the

imprisoned. This Society is specially concerned in the moral and

physical results of the labors of the Agent, and feel that the objects

proposed in the formation of the Society for Alleviating the Miseries of

Prisons, have been greatly promoted by the successful labors which they

authorize and which they approve.

The Agent of the Society for the County Prison makes a monthly report of

his labors, and his small expenditures for clothing furnished to the

outgoing prisoner, and for his fare to some other place. These reports

show the constancy and the value of his labors in the right direction.

We have already mentioned the number of the releases secured by his

efforts. We may, perhaps, appropriately repeat here a remark elsewhere

made, that the services of the Agent are not required with prisoners

whom the Inspectors are by law competent to discharge,—such as are

committed for drunkenness, disorderly conduct, vagrancy, breach of the

peace, and such offences; but to cases that require the intervention of

the magistrates or the courts to release the accused, the interference

of the Agent is directed. Among the many cases which he has reported to

the Society, we select a few which serve to illustrate the character of

his labors, and their influence in alleviating the miseries of prisons,

and serving the cause of the unfortunate innocent, whose errors may have

led them into questionable situations, or whose poverty may have placed

them in bad company or adverse circumstances.

_Case First._—A woman was incarcerated upon the charge of the

larceny of two fifty dollar notes, of which she was innocent. Her

imprisonment was very unjust. She was taken from her home, with her

little infant in her arms, and committed to the prison, and

separated from her three other children. The Agent ascertained on

inquiry that the prosecutor had accused three other persons at

different times for taking the money that the prisoner was accused

of taking. When the Agent informed the “Court and District Attorney”

of these facts, her case was ignored, and she was released from

prison, there not being a particle of evidence against her aside

from the mis-representation made by the prosecutor.

It is scarcely necessary to comment on this case, for though the justice

of the movement is sustained by the judicial officers of the court, we

have few of the facts which gave poignancy to the innocent sufferer.

_Case Second._—Was that of a husband and his wife, imprisoned for

the larceny of an old three-prong table fork, of little or no value,

which he found in a pile of ashes in the street. He took, cleaned

and repaired it, and put a particular mark upon it, such as he had

upon all his tools in his workshop, he being said to be a

respectable mechanic. He then gave it to his wife for the use of his

family, and for _this they_ were both arrested and imprisoned, on

the oath of a quarrelsome neighbor, who testified that it was her

fork, and she knew it by the mark upon it; which the prisoner said

could not be the case, as it was he that put _this_ the only mark

upon it. It was certain that they both could not have stolen the

fork, although each of them was committed to prison for the same

offence. They were respectable looking people, who had never been in

prison before. The woman was in great distress of mind, and on the

eve of her confinement. They resided in “Columbia Avenue,” the

extreme northern part of the city, and were sued before a magistrate

in the extreme southern part of the city. This circumstance

indicated a malicious feeling on the part of the prosecutor, and

particularly so in causing the mother to be separated from her

infant child that had been left at home uncared for, as the officer

would not allow her to return home and take her child to prison with

her. And this was mainly the cause of her mental suffering that was

so apparent to all who saw her. The Agent deeply sympathized with

them in their unfortunate condition, and went to the magistrate and

immediately procured their unconditional discharge, all of which had

been done within an hour after the Agent’s attention was called to

the case. They were then released and permitted to return to their

home, as it did not appear that they were in any way guilty of the

charge brought against them.

_Case Third._—Two young soldiers that were from the State of Maine.

One of them was of a family of the highest respectability; they were

accused of stealing a silver watch valued at $18, for which offence

they were committed to prison. When the parents of one heard of the

imprisonment of their son, they addressed a note to the Warden of

our Prison expressing their surprise at his imprisonment. They

stated that they had never known him to do anything wrong, but to

the contrary he had always conducted himself in such a way as to

command the respect of all who knew him. They wished to know whether

it was necessary to send on money to employ counsel to defend him.

This letter was handed to the Agent, who made himself thoroughly

acquainted with their case, and who believed they were innocent. The

letter was answered, and the parents were informed by the Agent that

he believed their son was innocent of the charge that he was accused

of, and the case would be attended to free of charge, and that it

was not necessary to send any money. It was not long after this that

the Agent succeeded in ascertaining that these young men were

entirely innocent of the charge they were accused of, and so far

from having stolen anything, they had been robbed by their

prosecutor. After having been induced to drink _liquor_ that was

drugged, they became intoxicated, and were taken out under the cover

of night and laid at the door of the adjoining house. The very party

that robbed them, went to a magistrate and made oath that they had

stolen a silver watch of the value of $18 from him; for which

offence they were committed. They had been engaged in one of the

late battles, and both of them were wounded and sent to the Chestnut

Hill Hospital, where they had _partially recovered_ from their

wounds, and as they were _convalescent_, permission was granted them

to visit the city, where they got into the difficulty. The Agent

succeeded in ascertaining from one of the _inmates_ of the tavern

where the occurrence took place, that the young men were entirely

_innocent_ of stealing the watch, and that the prosecutor had

actually _offered to sell_ the watch the next day after they were

imprisoned. Soon as this fact was discovered, the Agent got a

_return_ of the case from the magistrate, took it into Court, and

informed the _District Attorney_ of all the facts in the case; the

prosecutor was sent for, but was nowhere to be found, as he had

_suddenly disappeared_ and left for New York, he having become

_alarmed_ at the Agent’s interference in the case. Their case was

laid before the Grand Jury and ignored, and they were released from

prison and permitted to return to their hospital where they could

have their wounds properly attended to. The Agent then addressed a

letter to the anxious parents of the one that their son’s innocence

was fully established, and that he was _honorably discharged_ by the

Court. This intelligence was no doubt gratifying to them.

If this third case is well considered, it will present an instance of

the value of the services of the Agent, and consequently of the value of

the Society, which must be gratifying to every friend of humanity. It

seems almost impossible to free our large cities from the haunts of the

vicious into which these young men had been enticed, and while they

exist it seems certain that crime will not only abound, but progress,

not merely in amount but in impunity. The feelings of those interested

in the welfare and character of these young men, may be imagined when

they learn of their release from prison and their full acquittal of the

charge of felony. The course of vice had indeed been entered, and idle

curiosity (at least) had been partially gratified in the dangerous

exploration by these young men, and now perhaps they may understand the

significance of monitions, against entering the path that leads down to

destruction and associating with those “whose feet take hold on hell.”

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The Journal of Prison Discipline and Philanthropy (New Series, No. 3, January 1864) · 第 25 / 56 题