For treason men were "hanged, drawn, and quartered."

For felony, which was anything from highway robbery to theft of a piece

of bread, men, women, and children were hanged. There were over 250

offences for which the penalty was death.

For "speaking sedition against a magistrate" the offender had both his

ears cut off.

If a prisoner refused to plead he was pressed to death under heavy

weights.

Harrison says that "there is not one year" in which three or four

hundred "rogues" are not "eaten up by the gallows." And then he goes

on to remark that so many are the idle rogues, that "except some better

order be taken, or the laws already made be better executed, such as

dwell in uplandish towns and little villages shall live but in small

safety or rest."

A hundred years ago there were over two hundred offences for which

the punishment was death. Boys and girls were hanged for theft. Mr.

Collinson, in _Facts about Floggings_, says that in 1816 there were at

one time over fifty prisoners in England waiting to be hanged, and that

one of them was a child of tender years. Mr. Collinson says:

The inefficiency and brutality of all this torture and bloodshed became

obvious to the people, through the propaganda of a few daring and

enlightened reformers, and it was swept away.

But let us come nearer home. About a dozen years ago the late Mr.

Hopwood, K.C., Recorder of Liverpool, was good enough to give me his

opinions on the subject of harsh and lenient punishment. Mr. Hopwood

said:

I was first convinced of the uselessness of harsh sentences by

attendance at two courts of sessions about thirty-five years ago. The

two courts were those of Manchester and Salford--towns very similar

as to population and conditions of life. In Salford the sentences were

uniformly lenient. In Manchester they were uniformly severe. People said

Manchester would be purged of crime; that all the criminals would flock

to Salford. It was not so. The state of things continued for some years,

and caused no increase of crime in the one, nor decrease of crime in

the other town. Hence it becomes evident that a great deal of useless

punishment was inflicted in Manchester. I was a young barrister at the

time, and I took the lesson to heart.

Mr. Hopwood only claimed a negative result. He said: "I do not say I

have reduced crime, but only that I have reduced punishment without

increasing crime. For instance, I claim that during my six years at this

court I have saved three thousand years of imprisonment."

When I remarked "that saved a great waste of money," he answered that it

was "a great saving of humanity." He claimed that life and property were

at least as secure under a clement judge as under a cruel one, and that

his system saved much suffering and shame, not only to the prisoners,

but also to those dependent upon them. He said that very often his

treatment had a good effect upon the prisoners: "Do you know, often they

are ashamed to come back."

Mr. Hopwood told me that at first he met with strong opposition, but

that his example had such an effect that the local magistrates had come

"to give six or ten months' imprisonment in cases where formerly the

offenders would have got seven years." Asked whether his leniency had

caused criminals to flock to Liverpool, Mr. Hopwood answered, "Not at

all"; and his denial was backed by the statement of the Chief Constable

that "crime was decreasing to an appreciable extent."

Mr. Hopwood told me he would like to release one-third of those men

then in prison, and, he added, "another third ought never to have gone

there." Asked what that meant, he said that one-third of the prisoners

were innocent. My own observation, in the police-courts afterwards,

convinced me that he was quite right. Finally, after showing me that the

boasted cure of garrotting by "the cat" was a fiction, "there never was

a garrotter flogged," Mr. Hopwood asked me to go and see some of our

prisons, remarking, gravely:

The prison system is cruel and vile. The prisoners are starved,

tortured, and degraded. The system should be altered at once. It is

inhumanly severe upon the guilty, and, in my opinion, a good third of

those in our gaols are _not_ guilty.

Dr. James Devon, medical officer at Glasgow Prison, told the Royal

Philosophical Society in that city, in 1904, that "with milder methods

of repression we have not more, but less, crime: and certainly much less

brutality."

Dr. Hamilton D. Wey, of Elmira Reformatory, 'Elmira, N. Y., says:

"The time will come when every punitive institution in the world will

be destroyed, and be replaced by hospitals, schools, workshops, and

reformatories."

Dr. Lydston, professor of criminal anthropology, writes as follows:

"Try to reform your man, try to purify and elevate his soul, and if

he does not come to time, lock him up or hang him." This has been the

war-cry of the average reformer through all the ages. "Make a healthy

man of your criminal, or prospective criminal, give him a sound,

well-developed brain to think with, and rich, clean blood to feed it

upon, and an opportunity to earn an honest living--then preach to him

if you like." This is the fundamental principle of the scientific

criminologist. Which is the more rational?

Havelock Ellis says in his work on "the criminal," "Flogging is

objectionable, because it is ineffectual, and because it brutalises and

degrades those on whom it is inflicted, those who inflict it, and those

who come within the radius of its influence."

The Recorder of Liverpool told me that millions were wasted upon prisons

which ought to be spent upon detection. "Make detection swift and

certain," said he, "and crime will cease. No one will steal if he is

sure he will be caught every time."

This is proved by the Revenue service. Penalties did not stop smuggling;

but it has now become almost impossible to run a cargo: the coast is so

closely guarded.

Dr. Lydston, in _The Diseases of Society_, says:

The prospective criminal once born, what does society do to prevent

his becoming a criminal? Practically nothing.... What is the remedy at

present in vogue? Society punishes the vicious child after a criminal

act has been committed, and sends the diseased one to the hospital to be

supported by the public, after he has become helpless. Even in this, the

twentieth century, the child who has committed his first offence is in

most communities thrown by the authorities into contact with older and

more hardened criminals--to have his criminal education completed. The

same fate is meted out to the adult "first offender." We have millions

for sectarian universities, millions for foreign missions, but few

dollars for the redemption of children of vicious propensities or

corrupting opportunities, who are the product of our own vicious social

system. Every penal institution, every expensive process of criminal

law, is a monument to the stupidity and wastefulness of society--and

expenditure of money and energy to cure a disease that might be largely

prevented, and more logically treated where not prevented.

Lombroso, the great Italian criminologist, said, in 1901:

There are few who understand that there is anything else for us to do,

to protect ourselves from crime, except to inflict punishments that

are often only new crimes, and that are almost always the source of new

crimes.

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