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The mystery of crime (1856)

      The anonymous author of this essay speculates how the criminal tendency begins, and how best to thwart it. Note that in the first case mentioned, English law at the time required the victim to prosecute the suspect, not the state.



from The Era,[New York]
Vol 18, no 903 (1856-jan-13), p08


 

THE MYSTERY OF CRIME.

      Philanthropists are sweeping the heavens and scouring the earth to discover some reformatory system, whereby the juvenile criminal may be brought back to habits of virtue, and the seed of vice be extirpated from the little heart before it has fully blossomed there. It is very justly argued, that the young are led, and do not voluntarily go astray, as a general rule; that early delinquencies are attributable to the misdirections of old hands in iniquity; and that, if some process can be adopted which will withdraw the infantine trespasser from the influence of those who are hardened in guilt, the supposed natural innocence of childhood will re-appear, and the character will be rescued for a virtuous future. Hence, the admirable exertions which are now being made in various parts of the country for the establishment of reformatory schools and institutions, where the young criminal may be trained to virtue, instead of being sent to prison for punishment and confirmation in crime.

      One is occasionally startled, however, by a case for which no remedial measure has yet been devised, and which seems to puzzle and defy the best-considered of all benevolent intentions. A few days ago, a little girl, aged fourteen, stood in the dock at one of our provincial Quarter Sessions, charged by her uncle with stealing a cow which belonged to him, and selling it for her own private advantage. She had lived with her uncle ever since she became fatherless, at two years old, but was dismissed by his wife, shortly before the theft, for the fault of " souceness," and, soon afterwards, the cow disappeared, and the owner traced it to the possession of a man to whom his niece had sold it for £5. The case seemed bad against the child; but she looked innocent, and was helpless; and the cross-examination of the prosecutor, by a counsel who volunteered for the defence, soon changed the aspect of affairs, and converted the uncle into a type of that fabled relative, who, under pretence of being guardian to two children, founded the nursery tragedy of "The Babes in the Wood." The uncle admitted, when questioned, that some time before a neighbour had given a calf jointly betwixt himself and the prisoner; that this calf had grown into a cow, and been sold by him without accounting for any of the proceeds to his niece; that, in fact, he had purchased the stolen cow with the very money he had received for the other, and that he had never paid any wages for the services which he had had out of the girl. The bench of magistrates declined to hear counsel for the defence, and their chairman forthwith directed the jury, to acquit the prisoner. The uncle offered to receive back the girl into his house, but she clung to her widowed mother, and the Court was deeply interested in her behalf. Indeed, so much so, that a benevolent barrister, unconnected with the case, but present on the occasion, communicated with the clergyman of the parish in which the child had lived; whilst offers of aid, both pecuniary and protective, were rife and ready; and the little martyr seemed likely to have made powerful friends in the moment of her threatened destruction.

      But an investigation of the case gave a totally new colour to the proceedings. It turned out that the supposed cruel uncle had been a most reluctant prosecutor, at the solicitation of neighbours who wished to arrest the child in a downward career which she had for some time been pursuing. The uncle had in other matters been the victim of his niece's finished deceits. Although resident in a retired rural district, the ticket-of-leave scoundrel had gone over the ground, and other bad associates had for long been in communication with this child of public interest, whilst she had always refused every endeavour on the part of her pastor to accept school learning, or join other children in the observance of Sunday; in short, she was believed by those who knew her to be totally depraved in morals; and they thought that no greater misfortune could have befallen her than her escape from the arm of the law.

      Now, a case like this defeats reformatory effort so completely, that you know not how to lay hold of it. Such a child cannot, of course, be recommended for admission into a virtuous household, and, after acquittal, there is no compulsory power to force her into any machinery of discipline which might raise her moral tone. At the same time, the preference for vice at so early an age, before the wild horses of ungoverned passion could have carried her astray, is a phenomenon that can scarcely be accounted for. Yet, we naturally look for a motive in the guilty. In the recent trial of Mr. WOOLLER,* for the murder of his wife by poison, the acquittal of a prisoner was chiefly secured on the ground of absence of all apparent motive, notwithstanding the force of suspicious evidence. And we do not find fault with this decision, on the contrary, the taking away of life, on merely circumstantial evidence, is so questionable, because irreparable, that we sincerely concur both in that and every similar verdict. But juvenile crime and vice, such as we have already adverted to, seem to exist without sufficient motive or temptation to account for them, and such occasional appearances in the moral world confound the philanthropist more than any other. He knows not how to treat them any more than how to account for such unprovoked depravity. It only reminds him of what happens in the matter of physical disease. We have general sanatory rules which keep the assailant at bay, and, on the whole, diminish the number of his victims. Yet, now and then, those who are naturally least likely to be attacked are the first to fall. The finest men in our own Guards were the first carried off by cholera in Bulgaria in 1854, and the same capricious malady often makes havoc of the Grenadier Company in a regiment of the line, and spares the weaker and less healthy men. There is a deep mystery in all this.


* Gaslight note: Wooller (aka, Wooler) was acquitted of a slow & deliberate poisoning, because of lack of obvious motive (1855). During his trial, however, a similar case arose wherein Palmer was very clearly benefitting from the expiration of those around him.

      And again, if the early loss of all virtuous sentiment be a startling and unaccountable fact, not less so is the utter obliteration of all fellow feeling which is occasionally manifested by the old and hardened criminal. How can we get hold of an idea of PALMER'S state of mind, if one third of what is attributed to him be true? Here is a man, who from his ostensible profession is singularly well acquainted with the adopted means of promoting health, and saving life; and yet who systematically uses his knowledge for the destruction of both. Here is a man with all the closest ties of family affection about him — a wife, a mother, a brother, a friend, a servant — who regards each of these, as occasion may serve his purpose, with the gluttonous eye of a pigbutcher, who reckons when to stick in the knife by the moment when most money will follow the fatal incision. Here is a professed lover of sport and the excitement of betting, but who reduces all chances to a flat certainty by signing the death warrant of those whose removal will ensure a favourable balance in his book. Here is an assassin of the first water — one who is unique in his calling, for he selects his victims, not on the highway, but on the hearthstone of his own home.

      Such instances are very discouraging on the pathway of the philanthropist, and might almost tempt him to despair in his righteous endeavours after the reformation of his species. But, after all, there is this satisfaction — that great as is the mystery of crime, and hopeless as often prove the best efforts to reform the criminal, the Power who has ordained that it shall be so, has also provided that the incorrigible shall not go unscathed. "Murder will out," and the same progress in science which multiplies our poisonous agents supplies us with new tests for analyzing and detecting their presence.

(The End)


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