COURTS — CHAPTER I THE PLEASANT FICTION OF THE PRESUMPTION OF INNOCENCE — CHAPTER II PREPARING A CRIMINAL CASE FOR TRIAL — CHAPTER III SENSATIONALISM AND JURY TRIALS
There was a great to-do some years ago in the city
of New York over an ill-omened young person, Duffy
by name, who, falling into the bad graces of the police,
was most incontinently dragged to head-quarters
and “mugged” without so much as “By your leave,
sir,” on the part of the authorities. Having been
photographed and measured (in most humiliating
fashion) he was turned loose with a gratuitous warning
to behave himself in the future and see to it that
he did nothing which might gain him even more
invidious treatment.
Now, although many thousands of equally harmless
persons had been similarly treated, this particular
outrage was made the occasion of a vehement
protest to the mayor of the city by a certain member
of the judiciary, who pointed out that such
things in a civilized community were shocking beyond
measure, and called upon the mayor to remove
the commissioner of police and all his staff of
deputy commissioners for openly violating the law
which they were sworn to uphold. But, the commissioner
of police, who has sometimes enforced
the penal statutes in a way that has made him unpopular
with machine politicians, saw nothing wrong
in what he had done, and, what was more, said so
most outspokenly. The judge said, “You did,” and
the commissioner said, “I didn’t.” Specifically, the
judge was complaining of what had been done to
Duffy, but more generally he was charging the police
with despotism and oppression and with systematically
disregarding the sacred liberties of the
citizens which it was their duty to protect.
Accordingly the mayor decided to look into the
matter for himself, and after a lengthy investigation
came to the alleged conclusion that the “mugging”
of Duffy was a most reprehensible thing and that all
those who were guilty of having any part therein
should be instantly removed from office. He, therefore,
issued a pronunciamento to the commissioner
demanding the official heads of several of his subordinates,
which order the commissioner politely
declined to obey. The mayor thereupon removed
him and appointed a successor, ostensibly for the
purpose of having in the office a man who should
conduct the police business of the city with more regard
for the liberties of the inhabitants thereof. The
judge who had started the rumpus expressed himself
as very much pleased and declared that now at
last a new era had dawned wherein the government
was to be administered with a due regard for law.
Now, curiously enough, although the judge had
demanded the removal of the commissioner on the
ground that he had violated the law and been guilty
of tyrannous and despotic conduct, the mayor had
ousted him not for pursuing an illegal course in arresting
and “mugging” a presumptively innocent
man (for illegal it most undoubtedly was), but for
inefficiency and maladministration in his department.
Said the mayor in his written opinion:
“After thinking over this matter with the greatest care,
I am led to the conclusion that as mayor of the city of New
York I should not order the police to stop taking photographs
of people arrested and accused of crime or who have been
indicted by grand juries. That grave injustice may occur
the Duffy case has demonstrated, but I feel that it is not the
taking of the photograph that has given cause to the injustice,
but the inefficiency and maladministration of the police department,
etc.”
In other words, the mayor set the seal of his official
approval upon the very practice which caused the
injustice to Duffy. “Mugging” was all right, so
long as you “mugged” the right persons.
The situation thus outlined is one of more than
passing interest. Whatever the merely political outcome
may be, and it may be far-reaching, a sensitive
point in our governmental nervous system has been
touched and a condition uncovered that sooner or
later must be diagnosed and cured.
For the police have no right to arrest and photograph
a citizen unconvicted of crime, since it is contrary
to law. And it is ridiculous to assert that the
very guardians of the law may violate it so long as
they do so judiciously and do not molest the Duffys.
The trouble goes deeper than that.
The truth is that we are up against that most delicate
of situations, the concrete adjustment of a theoretical
individual right to a practical necessity. The
same difficulty has always existed and will always
continue to exist whenever emergencies requiring
prompt and decisive action arise or conditions obtain
that must be handled effectively without too much
discussion. It is easy while sitting on a piazza with
your cigar to recognize the rights of your fellow-men,
but if you were starving on the high seas in an open
boat—! You may assert most vigorously the right
of the citizen to immunity from arrest without legal
cause, but if you saw a seedy character sneaking
down a side street at three o’clock in the morning,
his pockets bulging with jewelry and silver—!
Que voulez vous, m’sieu?
Would you have the policeman on post insist on the fact that a burglary
had been committed being established beyond peradventure before
arresting the suspect, who in the meantime would undoubtedly escape?
Of course, the worthy officer sometimes does this, but his conduct
in that case becomes the subject of an investigation on the part of
his superiors. In fact, the rules of the New York police department
require him to arrest all persons carrying bags in the small hours who
cannot give a satisfactory account of themselves. Yet there is no such
thing under the laws of the State as a right “to arrest on suspicion.”
No citizen may be arrested under the statutes unless a crime has
actually been committed. Thus, the police regulations deliberately
compel every officer either to violate the law or to be made the
subject of charges for dereliction
of duty. A confusing state of things, truly, to
a man who wants to do his duty by himself and by
his fellow-citizens!
The present author once wrote a book dealing
with the practical administration of criminal justice,
in which the unlawfulness of arrest on mere “suspicion”
was discussed at length and given a prominent
place. But when the time came for publication
that portion of it was omitted at the earnest
solicitation of certain of the authorities on the ground
that as such arrests were absolutely necessary for
the enforcement of the criminal law a public exposition
of their illegality would do infinite harm. Now,
as it seems, the time has come when the facts, for
one reason or another, must be faced. The difficulty
does not end, however, with “arrest on suspicion,”
“the third degree,” “mugging,” or their
allied abuses. It really goes to the root of our whole
theory of the administration of the criminal law. Is
it possible that on final analysis we may find that
our enthusiastic insistence upon certain of the supposedly
fundamental liberties of the individual has
led us into a condition of legal hypocrisy vastly less
desirable than the frank attitude of our continental
neighbors toward such subjects?
The Massachusetts Constitution of 1785 concludes
with the now famous words: “To the end that this
may be a government of laws and not of men.” That
is the essence of the spirit of American government.
Our forefathers had arisen and thrown off the yoke
of England and her intolerable system of penal government,
in which an accused had no right to testify
in his own behalf and under which he could be
hung for stealing a sheep. “Liberty!” “Liberty or
death!” That was the note ringing in the minds
and mouths of the signers of the Declaration and
framers of the Constitution. That is the popular
note to-day of the Fourth of July orator and of the
Memorial Day address. This liberty was to be
guaranteed by laws in such a way that it was never
to be curtailed or violated. No mere man was to
be given an opportunity to tamper with it. The individual
was to be protected at all costs. No king,
or sheriff, or judge, or officer was to lay his finger
on a free man save at his peril. If he did, the free
man might immediately have his “law”—“have
the law on him,” as the good old expression was—for
no king or sheriff was above the law. In fact,
we were so energetic in providing safeguards for the
individual, even when a wrong-doer, that we paid
very little attention to the effectiveness of kings or
sheriffs or what we had substituted for them. And
so it is to-day. What candidate for office, what
silver-tongued orator or senator, what demagogue
or preacher could hold his audience or capture a
vote if, when it came to a question of liberty, he
should lift up his voice in behalf of the rights of the
majority as against the individual? The Republican
party—“The Grand Old Party of Liberty!”
The Democratic party—“The Party of Liberty!”
The Socialist-Labor party—“of Liberty.” “Liberty
forever!”
Accordingly in devising our laws we have provided
in every possible way for the freedom of the
citizen from all interference on the part of the
authorities. No one may be stopped, interrogated,
examined, or arrested unless a crime has been committed.
Every one is presumed to be innocent until
shown to be guilty by the verdict of a jury. No
one’s premises may be entered or searched without
a warrant which the law renders it difficult to obtain.
Every accused has the right to testify in his
own behalf, like any other witness. The fact that
he has been held for a crime by a magistrate and
indicted by a grand jury places him at not the
slightest disadvantage so far as defending himself
against the charge is concerned, for he must be proven
guilty beyond any reasonable doubt. These illustrations
of the jealousy of the law for the rights of citizens
might be multiplied to no inconsiderable extent.
Further, our law allows a defendant convicted of
crime to appeal to the highest courts, whereas if he
be acquitted the people or State have no right of
appeal at all.
Without dwelling further on the matter it is enough
to say that in general the State constitutions, their
general laws, or penal statutes provide that a person
who is accused or suspected of crime must be presumed
innocent and treated accordingly until his guilt
has been affirmatively established in a jury trial;
that meantime he must not be confined or detained
unless a crime has in fact been committed and there
is at least reasonable cause to believe that he has
committed it; and, further, that if arrested he must
be given an immediate opportunity to secure bail, to
have the advice of counsel, and must in no way be
compelled to give any evidence against himself. So
much for the law. It is as plain as a pikestaff. It
is printed in the books in words of one syllable. So
far as the law is concerned we have done our best
to perpetuate the theories of those who, fearing that
they might be arrested without a hearing, transported
for trial, and convicted in a king’s court before
a king’s judge for a crime they knew nothing
of, insisted on “liberty or death.” They had had
enough of kings and their ways. Hereafter they were
to have “a government of laws and not of men.”
But the unfortunate fact remains that all laws,
however perfect, must in the end be administered by
imperfect men. There is, alas! no such thing as a
government of laws and not of men. You may have
a government more of laws and less of men, or vice
versa, but you cannot have an auto-administration
of the Golden Rule. Sooner or later you come to a
man—in the White House, or on a wool sack, or at a
desk in an office, or in a blue coat and brass buttons—and
then, to a very considerable extent, the question
of how far ours is to be a government of laws or of
men depends upon him. Generally, so far as he is
concerned, it is going to be of man, for every official
finds that the letter of the law works an injustice
many times out of a hundred. If he is worth his salary
he will try to temper justice with mercy. If he
is human he will endeavor to accomplish justice as he sees it
so long as the law can be stretched to accommodate
the case. Thus, inevitably there is a conflict
between the theory of the law and its application. It
is the human element in the administration of the
law that enables lawyers to get a living. It is usually
not difficult to tell what the law is; the puzzle is how
it is going to be applied in any individual case. How
it is going to be applied depends very largely upon
the practical side of the matter and the exigencies
of existing conditions.
It is pretty hard to apply inflexibly laws over a
hundred years old. It is equally hard to police a
city of a million or so polyglot inhabitants with a
due regard to their theoretic constitutional rights.
But suppose in addition that these theoretic rights
are entirely theoretic and fly in the face of the laws
of nature, experience, and common-sense? What
then? As the missionary said, “The cannibals are
coming behind, there is a lion in front, there are
sharks in the water, I can’t swim anyway—what in
hell am I to do?” What is a police commissioner to
do who has either got to make an illegal arrest or
let a crook get away, who must violate the rights of
men illegally detained by outrageously “mugging”
them or egregiously fail to have a record of the professional
criminals in his bailiwick? He does just
what all of us do when we are “up against it,”—he
“takes a chance.” But in the case of the police the
thing is so necessary that there ceases practically
to be any “chance” about it. They have got to prevent
crime and arrest criminals. If they fail they
are out of a job, and others more capable or less
scrupulous take their places. The fundamental law
qualifying all systems is that of necessity. You can’t
let professional crooks carry off a voter’s silverware
simply because the voter, being asleep, is unable instantly
to demonstrate beyond a reasonable doubt
that his silver has been stolen. You can’t permit
burglars to drag sacks of loot through the streets
of the city at 4 A. M. simply because they are presumed
to be innocent until proven guilty. And
if “arrest on suspicion” were not permitted, demanded
by the public, and required by the police
ordinances, away would go the crooks and off would
go the silverware, the town would be full of “leather
snatchers” and “strong arm men,” respectable citizens
would be afraid to go out o’ nights, and liberty
would degenerate into license. That is the point. We
Americans, or at least the newer ones of us, have a
fixed idea that “liberty” means the right to steal
apples from our neighbor’s orchard without interference.
Now, somewhere or other, there has got
to be a switch and a strong arm to keep us in order,
and the switch and arm must not wait until the apples
are stolen and eaten before getting busy. If we come
climbing over the fence sweating apples at every
pore, is Farmer Jones to go and count his apples
before grabbing us?
The most presumptuous of all presumptions is this
“presumption of innocence.” It really doesn’t exist,
save in the mouths of judges and in the pages of
law books. Yet as much to-do is made about it as
if it were a living legal principle. Every judge in a
criminal case is required to charge the jury in form
or substance somewhat as follows: “The defendant
is presumed to be innocent until that presumption
is removed by competent evidence.”... “This
presumption is his property, remaining with him
throughout the trial and until rebutted by the
verdict of the jury.”... “The jury has no right
to consider the fact that the defendant stands at
the bar accused of a crime by an indictment found
by the grand jury.” Shades of Sir Henry Hawkins!
Does the judge expect that they are actually to
swallow that? Here is a jury sworn “to a true
verdict find” in the case of an ugly looking customer
at the bar who is charged with knocking
down an old man and stealing his watch. The old
man—an apostolic looking octogenarian—is sitting
right over there where the jury can see him. One
look at the plaintiff and one at the accused and
the jury may be heard to mutter, “He’s guilty,—all
right!”
“Presumed to be innocent?” Why, may I ask?
Don’t the jury and everybody else know that this
good old man would never, save by mistake, accuse
anybody falsely of crime? Innocence! Why, the
natural and inevitable presumption is that the defendant
is guilty! The human mind works intuitively
by comparison and experience. We assume or presume
with considerable confidence that parents love
their children, that all college presidents are great
and good men, and that wild bulls are dangerous
animals. We may be wrong. But it is up to the
other fellow to show us the contrary.
Now, if out of a clear sky Jones accuses Robinson
of being a thief we know by experience that the
chances are largely in favor of Jones’s accusation
being well-founded. People as a rule don’t go rushing
around charging each other with being crooks
unless they have some reason for it. Thus, at the
very beginning the law flies in the face of probabilities
when it tells us that a man accused of crime must
be presumed to be innocent. In point of fact, whatever
presumption there is (and this varies with the
circumstances) is all the other way, greater or less
depending upon the particular attitude of mind and
experience of the individual.
This natural presumption of guilt from the mere
fact of the charge is rendered all the more likely by
reason of the uncharitable readiness with which we
believe evil of our fellows. How unctuously we repeat
some hearsay bit of scandal. “I suppose you
have heard the report that Deacon Smith has stolen
the church funds?” we say to our friends with a sententious
sigh—the outward sign of an invisible satisfaction.
Deacon Smith after the money-bag? Ha!
ha! Of course, he’s guilty! These deacons are always
guilty! And in a few minutes Deacon Smith
is ruined forever, although the fact of the matter is
that he was but counting the money in the collection-plate.
This willingness to believe the worst of others
is a matter of common knowledge and of historical
and literary record. “The evil that men do lives
after them—” It might well have been put, “The
evil men are said to have done lives forever.” However
unfair, this is a psychologic condition which
plays an important part in rendering the presumption
of innocence a gross absurdity.
But let us press the history of Jones and Robinson
a step further. The next event in the latter’s criminal
history is his appearance in court before a magistrate.
Jones produces his evidence and calls his witnesses.
Robinson, through his learned counsel, cross-examines
them and then summons his own witnesses
to prove his innocence. The proceeding may take
several days or perhaps weeks. Briefs are submitted.
The magistrate considers the testimony at great
length and finally decides that he believes Robinson
guilty and must hold him for the action of the grand
jury. You might now, it would perhaps seem, have
some reason for suspecting that Robinson was not
all that he should be. But no! He is still presumed
in the eyes of the law, and theoretically in the eyes
of his fellows, to be as innocent as a babe unborn.
And now the grand jury take up and sift the evidence
that has already been gone over by the police judge.
They, too, call witnesses and take additional testimony.
They likewise are convinced of Robinson’s
guilt and straightway hand down an indictment accusing
him of the crime. A bench warrant issues.
The defendant is run to earth and ignominiously
haled to court. But he is still presumed to be innocent!
Does not the law say so? And is not this a
“government of laws”? Finally, the district attorney,
who is not looking for any more work than is
absolutely necessary, investigates the case and begins
to prepare it for trial. As the facts develop
themselves Robinson’s guilt becomes more and more
clear. The unfortunate defendant is given any opportunity
he may desire to explain away the charge,
but to no purpose.
The district attorney knows Robinson is guilty,
so does everybody else, including Robinson. At last
this presumably innocent man is brought to the bar
for trial. The jury scan his hang-dog countenance
upon which guilt is plainly written. They contrast
his appearance with that of the honest Jones. They
know he has been accused, held by a magistrate, indicted
by a grand jury, and that his case, after careful
scrutiny, has been pressed for trial by the public
prosecutor. Do they really presume him innocent?
Not much! They presume him guilty. And if by
any chance Robinson puts in any defence, they require
him, as a practical matter, to prove himself
innocent. “So soon as I see him come through dot
leetle door in the back of the room, then I know he’s
guilty!” as the foreman said in the old story. What
good does the presumption of innocence, so-called,
do for the miserable Robinson? None whatever—save
perhaps to console him in the long days pending
his trial. But such a legal hypocrisy could never
have deceived anybody. How much better it would
be to cast aside all such cant and frankly admit that
the attitude of the continental law toward the man
under arrest is founded upon common-sense and the
experience of mankind. If he is the wrong man it
should not be difficult for him to demonstrate the
fact. At any rate circumstances are against him,
and he should be ready to explain them away if he can.
The fact of the matter is, that in dealing with
practical conditions, police methods differ very little
in different countries. The authorities may perhaps
keep considerably more detailed and obvious “tabs”
on us in Germany and Russia than in the United
States, but if we are once caught in a compromising
position we experience about the same treatment
wherever we happen to be. In France (and how the
apostles of liberty condemn the iniquity of the administration
of criminal justice in that country!) the
suspect or undesirable receives a polite official call
or note, in which he is invited to leave the locality
as soon as convenient. In New York he is arrested
by a plain-clothes man, yanked down to Mulberry
Street for the night, and next afternoon is thrust down
the gangplank of a just departing Fall River liner.
Many an inspector (without mentioning names) has
earned unstinted praise (even from the New York
Evening Post) by “clearing New York of crooks” or
having a sort of “round-up” of suspicious characters
whom, after proper identification, he has ejected from
the city by the shortest and quickest possible route.
Yet in the case of every person thus arrested and
driven out of the town he has undoubtedly violated
constitutional rights and taken the law into his own
hands. What crimes are committed in the name of
law, O Liberty!
What redress can a penniless tramp secure against
a stout inspector of police able and willing to spend
a considerable sum of money in his own defence, and
with the entire force ready and eager to get at the
tramp and put him out of business? He swallows
his pride, if he has any, and ruefully slinks out of
town for a period of enforced abstinence from the
joys of metropolitan existence. Yet who shall say
that, in spite of the fact that it is a theoretic outrage
upon liberty, this cleaning out of the city is not
highly desirable? One or two comparatively innocent
men may be caught in the ruck, but they
generally manage to intimate to the police that the
latter have “got them wrong” and duly make their
escape. The others resume their tramp from city to
city, clothed in the presumption of their innocence.
Since the days of the Doges or of the Spanish Inquisition
there has never been anything like the
morning inspection of arrested suspects at the New
York police head-quarters.[1]
One by one the unfortunate persons arrested during the previous night
(although not charged with any crime) are pointed out to the assembled
detective force, who scan them from beneath black velvet masks in
order that they themselves may not be recognized when they meet again
on Broadway or the darker side streets of the city. Each prisoner is
described and his character and past performances are rehearsed by the
inspector or head of the bureau. He is then measured, “mugged,” and, if
lucky, turned loose. What
does his liberty amount to or his much-vaunted legal
rights if the city is to be made safe? Yet why does
not some apostle of liberty raise his voice and cry
aloud concerning the wrong that has been done?
Are not the rights of a beggar as sacred as those of
a bishop? Yea, verily, and the statutes say plainly
and have said plainly for years that no one shall be
arrested unless a crime has been committed.
One of the most sacred rights guaranteed to those
of us who can afford to pay for it under the law is
that of not being compelled to give evidence against
ourselves or to testify to anything which might degrade
or incriminate us. “I’se not compelled to discriminate
against myself!” as the old darkey, who
knew his rights very well, said. Now, this is all very
fine for the chap who has his lawyer at his elbow or
has had some similar previous experience. He may
wisely shut up like a clam and set at defiance the
tortures of the third degree. But how about the poor
fellow arrested on suspicion of having committed a
murder, who has never heard of the legal provision in
question, or, if he has, is cajoled or threatened into
“answering one or two questions”? Few police officers
take the trouble to warn those whom they
arrest that what they say may be used against them.
What is the use? Of course, when they testify later
at the trial they inevitably begin their testimony with
the stereotyped phrase, “I first warned the defendant
that anything which he said would be used against
him.” If they did warn him they probably whispered
it or mumbled it so that he didn’t hear what they
said, or, in any event, whether they said it or not,
half a dozen of them probably took him into a back
room and, having set him with his back against the
wall, threatened and swore at him until he told them
what he knew, or thought he knew, and perhaps confessed
his crime. When the case comes to trial the
police give the impression that the accused quietly
summoned them to his cell to make a voluntary
statement. The defendant denies this, of course, but
the evidence goes in and the harm has been done.
No doubt the methods of the inquisition are in vogue
the world over under similar conditions. Everybody
knows that a statement by the accused immediately
upon his arrest is usually the most important evidence
that can be secured in any case. It is a police
officer’s duty to secure one if he can do so by legitimate
means. It is his custom to secure one by any
means in his power. As his oath, that such a statement
was voluntary, makes it ipso facto admissible
as evidence, the statutes providing that a defendant
cannot be compelled to give evidence against himself
are practically nullified.
The beneficent provisions to be found in most
codes of criminal procedure, and particularly in that
of the State of New York, while highly valuable under
some circumstances, are of no avail to a defendant
who has never heard of them. These are to the effect
that the police must convey a message free of charge
to the family or lawyer of every person arrested, that
each prisoner is entitled as matter of law to a reasonable
delay before being compelled to submit to a
hearing, that he has the right to the services of counsel,
and the further right to have a stenographic report
of the evidence taken before the magistrate.
The ordinary petty criminal is arrested without a
warrant, often illegally, hustled to the nearest police
court, put through a species of examination composed
largely of invective and assertion on the part
of the officer, found guilty, and “sent away” to the
Island, without lawyer, adjournment, or notice to
his family. “Off with his head!”—just like that!
He isn’t presumed to be innocent at all. The “cop”
tells him “to shut his mouth or he will knock his
block off.” “I caught this feller doin’ so-and-so!
He’s a lazy loafer, judge,” he says to the magistrate.
The latter takes a look at the defendant, concludes
that the officer is right, and off goes the prisoner to
the workhouse.
When it comes to the more important cases the
accused is usually put through some sort of an inquisitorial
process by the captain at the station-house.
If he is not very successful at getting anything out of
the prisoner the latter is turned over to the sergeant
and a couple of officers who can use methods of a
more urgent character. If the prisoner is arrested by
head-quarters detectives, various efficient devices to
compel him to “give up what he knows” may be
used—such as depriving him of food and sleep, placing
him in a cell with a “stool-pigeon” who will try
to worm a confession out of him, and the usual moral
suasion of a heart-to-heart(!) talk in the back room
with the inspector.
This is the darker side of the picture of practical
government. It is needless to say that the police do
not usually suggest the various safeguards and privileges
which the law accords to defendants thus arrested,
but the writer is free to confess that, save in
exceptional cases, he believes the rigors of the so-called
third degree to be greatly exaggerated. Frequently
in dealing with rough men rough methods
are used, but considering the multitude of offenders,
and the thousands of police officers, none of whom
have been trained in a school of gentleness, it is surprising
that severer treatment is not met with on the
part of those who run foul of the criminal law. The
ordinary “cop” tries to do his duty as effectively as
he can. With the average citizen gruffness and roughness
go a long way in the assertion of authority.
Policemen cannot have the manners of dancing-masters.
The writer is not quarrelling with the conduct
of police officers. On the contrary, the point he
is trying to make is that in the task of policing a big
city, the rights of the individual must indubitably
suffer to a certain extent if the rights of the multitude
are to be properly protected. We can make too much
of small injustices and petty incivilities. Police business
is not gentle business. The officers are trying
to prevent you and me from being knocked on the
head some dark night or from being chloroformed in
our beds. Ten thousand men are trying to do a
thirty-thousand-man job.
The struggle to keep the peace and put down crime
is a hard one anywhere. It requires a strong arm
that cannot show too punctilious a regard for theoretical
rights when prompt decisions have to be made
and equally prompt action taken. The thieves and
gun men have got to be driven out. Suspicious characters
have got to be locked up. Somehow or other
a record must be kept of professional criminals and
persons likely to be active in law-breaking. These
are necessities in every civilized country. They are
necessities here. Society employs the same methods
of self-protection the world over. No one presumes
a person charged with crime to be innocent, either in
Delhi, Pekin, Moscow, or New York. Under proper
circumstances we believe him guilty. When he comes
to be tried the jury consider the evidence, and if they
are pretty sure he is guilty they convict him. The
doctrine of reasonable doubt is almost as much of a
fiction as that of the presumption of innocence.
From the time a man is arrested until arraignment he
is quizzed and interrogated with a view to inducing
him to admit his offence or give some evidence that
may help convict him. Logically, why should not a
person charged with a crime be obliged to give what
explanation he can of the affair? Why should he have
the privilege of silence? Doesn’t he owe a duty to the
public the same as any other witness? If he is innocent
he has nothing to fear; if he is guilty—away with
him! The French have no false ideas about such
things and at the same time they have a high regard
for liberty. They merely recognize the fact that there
is a point at which the interest of the public and its
liberty is bound to conflict with the interest of the
individual and his freedom to do as he likes. And we
instinctively recognize this, too, just as everybody
does. We merely cheat ourselves into thinking that
our liberty is something different from French liberty
because we have a lot of laws upon our statute books
that are there only to be disregarded and would have
to be repealed instantly if enforced.
Take, for instance, the celebrated provision of the
penal laws that the failure of an accused to testify
in his own behalf shall not be taken against him.
Such a doctrine flies in the face of human nature. If
a man sits silent when witnesses under oath accuse
him of a crime it is an inevitable inference that he
has nothing to say—that no explanation of his would
explain. The records show that the vast majority
of accused persons who do not avail themselves of the
opportunity to testify are convicted. Thus, the law
which permits a defendant to testify in reality compels
him to testify, and a much-invoked doctrine of
liberty turns out to be a privilege in name only. In
France or America alike a man accused of crime
sooner or later has to tell what he knows—or take his
medicine. It makes little difference whether he does
so under the legalized examination of a “juge d’instruction”
in Paris or under the quasi-voluntary interrogations
of an assistant district attorney or police
inspector in New York. It is six of one and half a
dozen of the other if at his trial in France he remains
mute under examination or in America refrains from
availing himself of the privilege of testifying in his
own behalf.
Thus, we are reluctantly forced to the conclusion
that all human institutions have their limitations,
and that, however theoretically perfect a government
of laws may be, it must be administered by men
whose chief regard will not be the idealization of a
theory of liberty so much as an immediate solution
of some concrete problem. And, of course, we have
known this all along, but instead of doing away with
impossible laws we have preferred to have prohibition
on Main Street and free liquor at the hotel side
doors, closed Sundays on the statute books and a
wide-open town in practice, immunity from arrest
in theory under cover of the agreeable delusion that
America is the freest country in the world, and in
reality the same situation that exists in continental
countries.
Not that the matter, after all, is particularly important
to most of us, but laws which exist only to
be broken create a disrespect and disregard for law
which may ultimately be dangerous. It would be
perfectly simple for the legislature to say that a citizen
might be arrested under circumstances tending to
cause a reasonable suspicion, even if he had not committed
a crime, and it would be quite easy to pass a
statute providing that the commissioner of police
might “mug” and measure all criminals immediately
after conviction. As it is, the prison authorities
won’t let him, so he has to do it while he has the
opportunity.
It must be admitted that this is rather hard
on the innocent, but they now have to suffer with
the guilty for the sins of an indolent and uninterested
legislature. Moreover, if such a right of
arrest were proposed, some wiseacre or politician
would probably rise up and denounce the suggestion
as the first step in the direction of a military dictatorship.
Thus, we shall undoubtedly fare happily on
in the blissful belief that our personal liberties are the
subject of the most solicitous and zealous care on
the part of the authorities, guaranteed to us under a
government which is not of men but of laws, until
one of us happens to be arrested (by mistake, of
course) and learns by sad experience the practical
methods of the police in dealing with criminals and
the agreeable but deceptive character of the pleasant
fiction of the presumption of innocence.
When the prosecuting attorney in a great criminal
trial arises to open the case to the impanelled jury,
very few, if any, of them have the slightest conception
of the enormous expenditure of time, thought,
and labor which has gone into the preparation of the
case and made possible his brief and easily delivered
speech. For in this opening address of his there must
be no flaw, since a single misstated or overstated
fact may prejudice the jury against him and result
in his defeat. Upon it also depends the jury’s first
impression of the case and of the prosecutor himself—no
inconsiderable factor in the result—and in a
trial of importance its careful construction with due
regard to what facts shall be omitted (in order to enhance
their dramatic effect when ultimately proven)
may well occupy the district attorney every evening
for a week. But if the speech itself has involved study
and travail, it is as nothing compared with the amount
required by that most important feature of every
criminal case—the selection of the jury.
For a month before the trial, or whenever it may
be that the jury has been drawn, every member upon
the panel has been subjected to an unseen inquisitorial
process. The prosecutor, through his own or
through hired sleuths, has studied with microscopic
care the family history, the business standing and
methods, the financial responsibility, the political
and social affiliations, and the personal habits and
“past performances” of each and every talesman.
When at the beginning of the trial they, one by one,
take the witness-chair (on what is called the voir
dire) to subject themselves to an examination by
both sides as to their fitness to serve as jurors in the
case, the district attorney probably has close at hand
a rather detailed account of each, and perchance has
great difficulty in restraining a smile when some prospective
juror, in his eagerness either to serve or to
escape, deliberately equivocates in answer to an important
question as to his personal history.
“Are you acquainted with the accused or his family?”
mildly inquires the assistant prosecutor.
“No—not at all,” the talesman may blandly reply.
The answer, perhaps, is literally true, and yet the
prosecutor may be pardoned for murmuring “Liar!”
to himself as he sees that his memorandum concerning
the juror’s qualifications states that he belongs
to the same “lodge” with the prisoner’s uncle by
marriage and carries an open account on his books
with the defendant’s father.
“I think we will excuse Mr. Ananias,” politely
remarks the prosecutor; then in an undertone he
turns to his chief and mutters: “The old rascal! He
would have knifed us into a thousand pieces if we’d
given him the chance!” And all this time the disgruntled
Mr. Ananias is wondering why, if he didn’t
“know the defendant or his family,” he was not accepted
as a juror.
Of course, every district attorney has, or should
have, pretty good information as to each talesman’s
actual capabilities as a juror and something of a
record as to how he has acted under fire. If he is a
member of the “special” panel, it is easy to find out
whether he has ever acquitted or convicted in any
cause celèbre, and if he has acquitted any plainly guilty
defendant in the past it is not likely that his services
will be required. If, however, he has convicted in
such a case the district attorney may try to lure the
other side into accepting him by making it appear
that he himself is doubtful as to the juror’s desirability.
Sometimes persons accused of crime themselves,
and actually under indictment, find their way
onto the panels, and more than one ex-convict has
appeared there in some inexplicable fashion. But to
find them out may well require a double shift of men
working day and night for a month before the case
is called, and what may appear to be the most trivial
fact thus discovered may in the end prove the decisive
argument for or against accepting the juror.
Panel after panel may be exhausted before a jury
in a great murder trial has been selected, for each
side in addition to its challenges for “cause” or “bias”
has thirty[2]
peremptory ones which it may exercise
arbitrarily. If the writer’s recollection is not at fault,
the large original panel drawn in the first Molineux
trial was used up and several others had to be drawn
until eight hundred talesmen had been interrogated
before the jury was finally selected. It is usual to
examine at least fifty in the ordinary murder case
before a jury is secured.
It may seem to the reader that this scrutiny of
talesmen is not strictly preparation for the trial, but,
in fact, it is fully as important as getting ready the
facts themselves; for a poor jury, either from ignorance
or prejudice, will acquit on the same facts which
will lead a sound jury to convict. A famous prosecutor
used to say, “Get your jury—the case will take
care of itself.”
But as the examination of the panel and the opening
address come last in point of chronology it will
be well to begin at the beginning and see what the
labors of the prosecutor are in the initial stages of
preparation. Let us take, for example, some notorious
case, where an unfortunate victim has died from
the effects of a poisoned pill or draft of medicine, or
has been found dead in his room with a revolver bullet
in his heart. Some time before the matter has
come into the hands of the prosecutor, the press and
the police have generally been doing more or less
(usually less) effective work upon the case. The yellow
journals have evolved some theory of who is the
culprit and have loosed their respective reporters
and “special criminologists” upon him. Each has
its own idea and its own methods—often unscrupulous.
And each has its own particular victim upon
whom it intends to fasten the blame. Heaven save
his reputation! Many an innocent man has been
ruined for life through the efforts of a newspaper
“to make a case,” and, of course, the same thing,
though happily in a lesser degree, is true of the police
and of some prosecutors as well.
In every great criminal case there are always four
different and frequently antagonistic elements engaged
in the work of detection and prosecution—first,
the police; second, the district attorney; third,
the press; and, lastly, the personal friends and family
of the deceased or injured party. Each for its own
ends—be it professional pride, personal glorification,
hard cash, or revenge—is equally anxious to find the
evidence and establish a case. Of course, the police
are the first ones notified of the commission of a crime,
but as it is now almost universally their duty to inform
at once the coroner and also the district attorney
thereof, a tripartite race for glory frequently
results which adds nothing to the dignity of the administration
of criminal justice.
The coroner is at best no more than an appendix
to the legal anatomy, and frequently he is a disease.
The spectacle of a medical man of small learning and
less English trying to preside over a court of first
instance is enough to make the accused himself
chuckle for joy.
Not long ago the coroners of New York discovered
that, owing to the fact that the district attorney or
his representatives generally arrived first at the scene
of any crime, there was nothing left for the “medicos”
to do, for the district attorney would thereupon
submit the matter at once to the grand jury instead
of going through the formality of a hearing in the
coroner’s court. The legal medicine men felt aggrieved,
and determined to be such early birds that
no worm should them escape. Accordingly, the next
time one of them was notified of a homicide he raced
his horse down Madison Avenue at such speed that
he collided with a trolley car and broke his leg.
Another complained to the district attorney that
the assistants of the latter, who had arrived at the
scene of an asphyxiation before him, had bungled
everything.
“Ach, dose young men!” he exclaimed, wringing
his hands—“Dose young men, dey come here und
dey opened der vindow und let out der gas und all
mine evidence esgaped.”
The same coroner on another occasion discovered
that a murderer had removed the body of his victim
to New Jersey, thus depriving him of any corpse upon
which to hold his inquest. A sympathetic reporter
thereupon suggested that it would be well to have a
law prohibiting any such removal by the party committing
a homicide.
“Dot vas a good idea!” solemnly replied the
medical Solon. “It should be made a crime! I will
haf it proposed at der next legislature.”
It is said that this interesting personage once instructed
his jury to find that “the diseased came to
his death from an ulster on the stomach.”
These anecdotes are, perhaps, what judges would
call obiter dicta, yet the coroner’s court has more than
once been utilized as a field in the actual preparation
of a criminal case. When Roland B. Molineux was
first suspected of having caused the death of Mrs.
Adams by sending the famous poisoned package of
patent-medicine to Harry Cornish through the mails,
the assistant district attorney summoned him as a
witness to the coroner’s court and attempted to get
from him in this way a statement which Molineux
would otherwise have refused to make.
When all the first hullabaloo is over and the accused
is under arrest and safely locked up, it is usually
found that the police have merely run down the obvious
witnesses and made a prima facie case. All
the finer work remains to be done either by the district
attorney himself or by the detective bureau
working under his immediate direction or in harmony
with him. Little order has been observed in
the securing of evidence. Every one is a fish who runs
into the net of the police, and all is grist that comes
to their mill. The district attorney sends for the
officers who have worked upon the case and for the
captain or inspector who has directed their efforts,
takes all the papers and tabulates all their information.
His practiced eye shows him at once that a
large part is valueless, much is contradictory, and
all needs careful elaboration. A winnowing process
occurs then and there; and the officers probably
receive a “special detail” from head-quarters and
thereafter take their orders from the prosecutor himself.
The detective bureau is called in and arrangements
made for the running down of particular clews.
Then he will take off his coat, clear his desk, and get
down to work.
Of course, his first step is to get all the information
he can as to the actual facts surrounding the crime
itself. He immediately subpœnas all the witnesses,
whether previously interrogated by the police or not,
who know anything about the matter, and subjects
them to a rigorous cross-examination. Then he sends
for the police themselves and cross-examines them.
If it appears that any witnesses have disappeared
he instructs his detectives how and where to look
for them. Often this becomes in the end the most
important element in the preparation for the trial.
Thus in the Nan Patterson case the search for and
ultimate discovery of Mr. and Mrs. Morgan Smith
(the sister and brother-in-law of the accused) was
one of its most dramatic features. After they had
been found it was necessary to indict and then to
extradite them in order to secure their presence
within the jurisdiction, and when all this had been
accomplished it proved practically valueless.
It frequently happens that an entire case will rest
upon the testimony of a single witness whose absence
from the jurisdiction would prevent the trial. An
instance of such a case was that of Albert T. Patrick,
for without the testimony of his alleged accomplice—the
valet Jones—he could not have been convicted
of murder. The preservation of such a witness and his
testimony thus becomes of paramount importance,
and rascally witnesses sometimes enjoy considerable
ease, if not luxury, at the expense of the public while
waiting to testify. Often, too, a case of great interest
will arise where the question of the guilt of the accused
turns upon the evidence of some one person who,
either from mercenary motives or because of “blood
and affection,” is unwilling to come to the fore and
tell the truth. A striking case of this sort occurred
some ten years ago. The “black sheep” of a prominent
New York family forged the name of his sister
to a draft for thirty thousand dollars. This sister,
who was an elderly woman of the highest character
and refinement, did not care to pocket the loss herself
and declined to have the draft debited to her
account at the bank. A law-suit followed, in which
the sister swore that the name signed to the draft
was not in her handwriting. She won her case, but
some disinterested though officious person laid the
matter before the district attorney. The forger was
arrested and his sister was summoned before the
grand jury. Here was a pleasant predicament. If
she testified for the State her brother would undoubtedly
go to prison for many years, to say nothing of
the notoriety for the entire family which so sensational
a case would occasion. She, therefore, slipped
out of the city and sailed for Europe the night before
she was to appear before the grand jury. Her brother
was in due course indicted and held for trial in large
bail, but there was and is no prospect of convicting
him for his crime so long as his sister remains in the
voluntary exile to which she has subjected herself.
She can never return to New York to live unless
something happens either to the indictment or her
brother, neither of which events seems likely in the
immediate future.
Perhaps, if the case is one of shooting, the weapon
has vanished. Its discovery may lead to the finding
of the murderer. In one instance where a body was
found in the woods with a bullet through the heart
there was nothing to indicate who had committed
the crime. The only scintilla of evidence was an
exploded cartridge—a small thing on which to build
a case. But the district attorney had the hammer
marks upon the cap magnified several hundred times
and then set out to find the rifle which bore the hammer
which had made them. Thousands of rifles all
over the State were examined. At last in a remote
lumber camp was found the weapon which had fired
the fatal bullet. The owner was arrested, accused
of the murder, and confessed his crime. In like manner,
if it becomes necessary to determine where a
typewritten document was prepared the letters may
be magnified, and by examining the ribbons of suspected
machines the desired fact may be ascertained.
The magnifying glass still plays an important part
in detecting crime, although usually in ways little
suspected by the general public.
On the other hand, where the weapon has not been
spirited away the detectives may spend weeks in
discovering when and where it was purchased. Every
pawnshop, every store where a pistol could be bought,
is investigated, and under proper circumstances the
requisite evidence to show deliberation and premeditation
may be secured.
These investigations are naturally conducted at
the very outset of the preparation of the case. The
weapon, in seven trials out of ten, is the most important
thing in it. By its means it can generally
be demonstrated whether the shooting was accidental
or intentional—and whether or not the killing was in
self-defence.
Where this last plea is interposed it is usually made
at once upon the arrest, the accused explaining to
the police that he fired only to save his own life. In
such a situation, where the killing is admitted, practically
the entire preparation will centre upon the
most minute tests to determine whether or not the
shot was fired as the accused claims that it was. The
writer can recall at least a dozen cases in his own experience
where the story of the defendant, that the
revolver was discharged in a hand-to-hand struggle,
was conclusively disproved by experimenting with
the weapon before the trial. There was one homicide
in which a bullet perforated a felt cap and penetrated
the forehead of the deceased. The defendant
asserted that he was within three feet of his victim
when he fired, and that the other was about to strike
him with a bludgeon. A quantity of felt, of weight
similar to that of the cap, was procured and the revolver
discharged at it from varying distances. A
microscopic examination showed that certain discolorations
around the bullet-hole (claimed by the defence
to be burns made by the powder) were, in fact,
grease marks and that the shot must have been fired
from a distance of about fifteen feet. The defendant
was convicted on his own story, supplemented by
the evidence of the witness who made the tests.
The most obvious and first requirement is, as has
been said, to find the direct witnesses to the facts
surrounding the crime, commit their statements under
oath to writing, so that they cannot later be denied
or evaded, and make sure that these witnesses will not
only hold no intercourse with the other side, but will
be on hand when wanted. This last is not always an
easy task, and various expedients often have to be
resorted to, such as placing hostile witnesses under
police surveillance, or in some cases in “houses of
detention,” and hiding others in out-of-the-way
places, or supplying them with a bodyguard if violence
is to be anticipated. When the proper time
comes the favorable witnesses must be duly drilled
or coached, which does not imply anything improper,
but means merely that they must be instructed
how to deliver their testimony, what answers
are expected to certain questions, and what
facts it is intended to elicit from them. Witnesses
are often offended and run amuck because
they are not given a chance upon the stand to
tell the story of their lives. This must be guarded
against and steps taken to have their statements
given in such a way that they are audible and intelligible.
A few lessons in elementary elocution are
generally vitally necessary. The man with the bassoon
voice must be tamed, and the birdlike old lady
made to chirp more loudly. But all this is the self-evident
preparation which must take place in every
case, and while highly important is of far less interest
than the development of the circumstantial
evidence which is the next consideration of the district
attorney.
The discovery and proper proof of minute facts
which tend to demonstrate the guilt of an accused
are the joy of the natural prosecutor, and he may in
his enthusiasm spend many thousands of dollars on
what seems, and often is, an immaterial matter.
Youthful officials intrusted with the preparation of
important cases often become unduly excited and
forget that the taxpayers are paying the bills. The
writer remembers sitting beside one of these enthusiasts
during a celebrated trial. A certain woman
witness had incidentally testified to a remote meeting
with the deceased at which a certain other woman
was alleged to have been present. The matter did
not seem of much interest or importance, but the
youth in question seized a yellow pad and excitedly
wrote in blue pencil, “Find Birdie” (the other lady)
“at any cost!” This he handed to a detective, who
hastened importantly away. Let us hope that “Birdie”
was found speedily and in an inexpensive manner.
When the case against Albert T. Patrick, later
convicted of the murder of the aged William M.
Rice, was in course of preparation it was found
desirable to show that Patrick had called up his
accomplice on the telephone upon the night of the
murder. Accordingly, the telephone company was
compelled to examine several hundred thousand
telephone slips to determine whether or not this
had actually occurred. While the fact was established
in the affirmative, the company now destroys
its slips in order not to have to repeat the
performance a second time.
Likewise, in the preparation of the Molineux case
it became important to demonstrate that the accused
had sent a letter under an assumed name ordering
certain remedies. As a result, one of the employees
of the patent-medicine company spent several
months going over their old mail orders and comparing
them with a certain sample, until at last the
letter was unearthed. Of course, the district attorney
had to pay for it, and it was probably worth
what it cost to the prosecution, although Molineux’s
conviction was reversed by the Court of Appeals
and he was acquitted upon his second trial.
The danger is, however, that a prosecutor who has
an unlimited amount of money at his disposal may
be led into expenditures which are hardly justified
simply because he thinks they may help to secure a
conviction. Nothing is easier than to waste money
in this fashion, and public officials sometimes spend
the county’s money with considerably more freedom
than they would their own under similar circumstances.
The legitimate expenses connected with the preparation
of every important case are naturally large.
For example, diagrams must be prepared, photographs
taken of the place of the crime, witnesses compensated
for their time and their expenses paid, and,
most important of all, competent experts must be
engaged. This leads us to an interesting aspect of
the modern jury trial.
When no other defence to homicide is possible the
claim of insanity is frequently interposed. Nothing
is more confusing to the ordinary juryman than trying
to determine the probative value of evidence
touching unsoundness of mind, and the application
thereto of the legal test of criminal responsibility.
In point of fact, juries are hardly to be blamed
for this, since the law itself is antiquated and the subject
one abounding in difficulty. Unfortunately the
opportunity for vague yet damaging testimony on
the part of experts, the ease with which any desired
opinion can be defended by a slight alteration in the
hypothetical facts, and the practical impossibility
of exposure, have been seized upon with avidity by
a score or more of unscrupulous alienists who are
prepared to sell their services to the highest bidder.
These men are all the more dangerous because, clever
students of mental disease and thorough masters of
their subject as they are, they are able by adroit qualifications
and skilful evasions to make half-truths
seem as convincing as whole ones. They ask and receive
large sums for their services, and their dishonest
testimony must be met and refuted by the evidence
of honest physicians, who, by virtue of their attainments,
have a right to demand substantial fees. Even
so, newspaper reports of the expense to the State of
notorious trials are grossly exaggerated. The entire
cost of the first Thaw trial to the County of New
York was considerably less than twenty thousand
dollars, and the second trial not more than half that
amount. To the defence, however, it was a costly
matter, as the recent schedules in bankruptcy of the
defendant show. Therein it appears that one of his
half-dozen counsel still claims as owing to him for
his services on the first trial the modest sum of thirty-five
thousand dollars! The cost of the whole defence
was probably ten times that sum. Most of the money
goes to the lawyers, and the experts take the remainder.
It goes without saying that both prosecutor and
attorney for the defence must be masters of the subject
involved. A trial for poisoning means an exhaustive
study not only of analytic chemistry, but of
practical medicine on the part of all the lawyers in
the case, while a plea of insanity requires that, for
the time being, the district attorney shall become
an alienist, familiar with every aspect of paranoia,
dementia præcox, and all other forms of mania. He
must also reduce his knowledge to concrete, workable
form, and be able to defeat opposing experts on their
own ground. But such knowledge comes only by
prayer and fasting—or, perhaps, rather by months
of hard and remorseless grind.
The writer once prosecuted a druggist who had,
by mistake, filled a prescription for a one-fourth-grain
pill of calomel with a one-fourth-grain pill of
morphine. The baby for whom the pill was intended
died in consequence. The defence was that the prescription
had been properly filled, but that the child
was the victim of various diseases, from acute gastritis
to cerebro-spinal meningitis. In preparation
the writer was compelled to spend four hours every
evening for a week with three specialists, and became
temporarily a minor expert on children’s diseases.
To-day he is forced to admit that he would not
know a case of acute gastritis from one of mumps.
But the druggist was convicted.
Yet it is not enough to prepare for the defence you
believe the accused is going to interpose. A conscientious
preparation means getting ready for any
defence he may endeavor to put in. Just as the prudent
general has an eye to every possible turn of the
battle and has, if he can, re-enforcements on the
march, so the prosecutor must be ready for anything,
and readiest of all for the unexpected. He must not
rest upon the belief that the other side will concede
any fact, however clear it may seem. Some cases
are lost simply because it never occurs to the district
attorney that the accused will deny something which
the State has twenty witnesses to prove. The twenty
witnesses are, therefore, not summoned on the day
of trial, the defendant does deny it, and as it is a case
of word against word the accused gets the benefit
of the doubt and, perhaps, is acquitted.
No case is properly prepared unless there is in the
court-room every witness who knows anything about
any aspect of the case. No one can foretell when the
unimportant will become the vital. Most cases turn
on an unconsidered point. A prosecutor once lost
what seemed to him the clearest sort of a case. When
it was all over, and the defendant had passed out of
the court-room rejoicing, he turned to the foreman
and asked the reason for the verdict.
“Did you hear your chief witness say he was a carpenter?”
inquired the foreman.
“Why, certainly,” answered the district attorney.
“Did you hear me ask him what he paid for that
ready-made pine door he claimed to be working on
when he saw the assault?”
The prosecutor recalled the incident and nodded.
“Well, he said ten dollars—and I knew he was a
liar. A door like that don’t cost but four-fifty!”
It is, perhaps, too much to require a knowledge
of carpentry on the part of a lawyer trying an assault
case. Yet the juror was undoubtedly right in his
deduction.
In a case where insanity is the defence, the State
must dig up and have at hand every person it can
find who knew the accused at any period of his career.
He will probably claim that in his youth he was kicked
in a game of foot-ball and fractured his skull, that
later he fell into an elevator shaft and had concussion
of the brain, or that he was hit on the head by a
burglar. It is usually difficult, if not impossible, to
disprove such assertions, but the prosecutor must be
ready, if he can, to show that foot-ball was not invented
until after the defendant had attained maturity,
that it was some other man who fell down the
elevator shaft, and to produce the burglar to deny
that the assault occurred. Naturally, complete preparation
for an important trial demands the presence
of many witnesses who ultimately are not needed
and who are never called. Probably in most such
cases about half the witnesses do not testify at all.
Most of what has been said has related to the preparation
for trial of cases where the accused is already
under arrest when the district attorney is called into
the case. If this stage has not been reached the prosecutor
may well be called upon to exercise some of the
functions of a detective in the first instance.
A few years ago it was brought to the attention
of the New York authorities that many blackmailing
letters were being received bearing the name
of “Lewis Jarvis.” These were of a character to
render the apprehension of the writer of them a
matter of much importance. The letters directed
that the replies be sent to a certain box in the New
York post-office, but as the boxes are numerous and
close together it seemed doubtful if “Lewis Jarvis”
could be detected when he called for his mail. The
district attorney, the police, and the post-office officials
finally evolved the scheme of plugging the lock
of “Lewis Jarvis’s” box with a match. The scheme
worked, for “Jarvis,” finding that he could not use
his key, went to the delivery window and asked for
his mail. The very instant the letters reached his
hand the gyves were upon the wrists of one of the
best-known attorneys in the city.
When the district attorney has been apprised that
a crime has been committed, and that a certain person
is the guilty party, he not infrequently allows the
suspect to go his way under the careful watch of detectives,
and thus often secures much new evidence
against him. In this way it is sometimes established
that the accused has endeavored to bribe the witnesses
and to induce them to leave the State, while
the whereabouts of stolen loot is often discovered.
In most instances, however, the district attorney
begins where the police leave off, and he merely supplements
their labors and prepares for the actual
trial itself. But the press he has always with him,
and from the first moment after the crime up to the
execution of the sentence or the liberation of the
accused, the reporters dog his footsteps, sit on his
doorstep, and deluge him with advice and information.
Now a curious feature about the evidence “worked
up” by reporters for their papers is that little of
it materializes when the prosecutor wishes to make
use of it. Of course, some reporters do excellent
detective work, and there are one or two veterans
(like Gus. Roeder of the World) attached to the
criminal courts in New York City who, in addition
to their literary capacities, are natural-born sleuths,
and combine with a knowledge of criminal law, almost
as extensive as that of a regular prosecutor, a
resourcefulness and nerve that often win the case
for whichever side they espouse. I have frequently
found that these men knew more about the cases
which I was prosecuting than I did myself, and a
tip from them has more than once turned defeat
into victory. But newspaper men, for one reason or
another, are loath to testify, and usually make but
poor witnesses. They feel that their motives will be
questioned, and are naturally unwilling to put themselves
in an equivocal position. The writer well
remembers that in the Mabel Parker case, where the
defendant, a young and pretty woman, had boasted
of her forgeries before a roomful of reporters, it was
impossible, when her trial was called, to find more
than one of them who would testify—and he had
practically to be dragged to the witness chair. In
point of fact, if reporters made a practice of being
witnesses it would probably hurt their business.
But, however much “faked” news may be published,
a prosecutor who did not listen to all the hints the
press boys had to give would make a great mistake;
and as allies and advisers they are often invaluable,
for they can tell him where and how to get evidence
of which otherwise he would never hear.
The week before a great case is called is a busy one
for the prosecutor in charge. He is at his office early
to interview his main witnesses and go over their testimony
with them so that their regular daily work
may not be interrupted more than shall be actually
necessary. Some he cautions against being over-enthusiastic
and others he encourages to greater emphasis.
The bashful “cop” is badgered until at last
he ceases to begin his testimony in the cut-and-dried
police fashion.
“On the morning of the twenty-second of July,
about 3.30 A.M., while on post at the corner of Desbrosses
Street——,” he starts.
“Oh, quit that!” shouts the district attorney.
“Tell me what you saw in your own words.”
The “cop” blushes and stammers:
“Aw, well, on the morning of the twenty-second
of July, about 3.30 A.M.——”
“Look here!” yells the prosecutor, jumping to his
feet and shaking his fist at him, “do you want to be
taken for a d—n liar? ‘Morning of the twenty-second
of July, about 3.30 A.M., while on post!’ You
never talked like that in your life.”
By this time the “cop” is “mad clear through.”
“I’m no liar!” he retorts. “I saw the cuss pull
his gun and shoot!”
“Well, why didn’t you say so?” laughs the prosecutor,
and Patrick, mollified with a cigar, dimly perceives
the objectionable feature of his testimony.
About this time one of the sleuths comes in to report
that certain much-desired witnesses have been
“located” and are in custody downstairs. The assistant
makes immediate preparation for taking their
statements. Then one of the experts comes in for a
chat about a new phase of the case occasioned by the
discovery that the defendant actually did have spasms
when an infant. The assistant wisely makes an appointment
for the evening. A telegram arrives saying
that a witness for the defence has just started for
New York from Philadelphia and should be duly
watched on arrival. The district attorney sends for
the assistant to inquire if he has looked up the law
on similar cases in Texas and Alabama—which he
probably has not done; and a friend on the telephone
informs him that Tomkins, who has been drawn
on the jury, is a boon companion of the prisoner and
was accustomed to play bridge with him every Sunday
night before the murder.
Coincidently, some private detectives enter with
a long report on the various members of the panel,
including the aforesaid Tomkins, whom they pronounce
to be “all right,” and as never having, to their
knowledge, laid eyes on the accused. Finally, in despair,
the prosecutor locks himself in his library with a
copy of the Bible, “Bartlett’s Familiar Quotations,”
and a volume of celebrated speeches, to prepare his
summing up, for no careful trial lawyer opens a case
without first having prepared, to some extent, at
least, his closing address to the jury. He has thought
about this for weeks and perhaps for months. In his
dreams he has formulated syllogisms and delivered
them to imaginary yet obstinate talesmen. He has
glanced through many volumes for similes and quotations
of pertinency. He has tried various arguments
on his friends until he knows just how, if he
succeeds in proving certain facts and the defence expected
is interposed, he is going to convince the twelve
jurors that the defendant is guilty and, perhaps, win
an everlasting reputation as an orator himself.
This superficial sketch of how an important criminal
case is got ready for trial would be incomplete
without some further reference to something which
has been briefly hinted at before—preparation upon
its purely legal aspect. This may well demand almost
as much labor as that required in amassing the
evidence. Yet a careful and painstaking investigation
of the law governing every aspect of the case
is indispensable to success. The prosecutor with a
perfectly clear case may see the defendant walk out
of court a free man, simply because he has neglected
to acquaint himself with the various points of law
which may arise in the course of the trial, and the
lawyer for an accused may find his client convicted
upon a charge to which he has a perfectly good legal
defence, for the same reason.
Looking at it from the point of view of the prisoner’s
counsel, it is obvious that it is quite as efficacious
to free your client on a point of law, without having
the case go to the jury at all, as to secure an acquittal
at their hands.
At the conclusion of the evidence introduced in
behalf of the State there is always a motion made to
dismiss the case on the ground of alleged insufficiency
in the proof. This has usually been made the subject
of the most exhaustive study by the lawyers for
the defence, and requires equal preparation on the
part of the prosecutor. The writer recalls trying a
bankrupt, charged with fraud, where the lawyer for
the defendant had written a brief of some three hundred
pages upon the points of law which he proposed
to argue to the court upon his motion to acquit. But,
unfortunately, his client pleaded guilty and the volume
was never brought into play.
But a mastery of the law, a thorough knowledge
and control of the evidence, a careful preparation for
the opening and closing addresses, and an intimate
acquaintance with the panel from which the jury is
to be drawn are by no means the only elements in
the preparation for a great legal battle. One thing
still remains, quite as important as the rest—the
selection of the best time and the best court for the
trial. “A good beginning” in a criminal case means
a beginning before the right judge, the proper jury,
and at a time when that vague but important influence
known as public opinion augurs success. A
clever criminal lawyer, be he prosecutor or lawyer for
the defendant, knows that all the preparation in the
world is of no account provided his case is to come
before a stupid or biased judge, or a prejudiced or
obstinate jury. Therefore, each side, in a legal battle
of importance, studies, as well as it can, the character,
connections, and cast of mind of the different
judges who may be called upon to hear the case, and,
like a jockey at the flag, tries to hurry or delay, as the
case may be, until the judicial auspices appear most
favorable. A lawyer who has a weak defence seeks
to bring the case before a weak judge, or, if public
clamor is loud against his client, makes use of every
technical artifice to secure delay, by claiming that
there are flaws in the indictment, or by moving for
commissions to take testimony in distant points of
the country. The opportunities for legal procrastination
are so numerous that in a complicated case the
defence may often delay matters for over a year.
This may be an important factor in the final result.
Yet even this is not enough, for, ultimately, it is
the judge’s charge to the jury which is going to guide
their deliberations and, in large measure, determine
their verdict. The lawyers for the defence, therefore,
prepare long statements of what they either believe
or pretend to believe to be the law. These statements
embrace all the legal propositions, good or bad, favorable
to their side of the case. If they can induce the
judge to follow these so much the better for their
client, for even if they are not law it makes no difference,
since the State has no appeal from an acquittal
in a criminal case, no matter how much the
judge has erred. In the same way, but not in quite
the same fashion, the district attorney prepares “requests
to charge,” but his desire for favorable instructions
should be, and generally is, curbed by the
consideration that if the judge makes any mistake
in the law and the defendant is convicted he can
appeal and upset the case. Of course, some prosecutors
are so anxious to convict that they will wheedle
or deceive a judge into giving charges which are not
only most inimical to the prisoner, but so utterly
unsound that a reversal is sure to follow; but when
one of these professional bloodhounds is baying upon
the trail all he thinks of is a conviction—that is all
he wants, all the public will remember; to him will
be the glory; and when the case is finally reversed
he will probably be out of office. These “requests”
cover pages, and touch upon every phase of law applicable
or inapplicable to the case. Frequently they
number as many as fifty, sometimes many more. It
is “up to” the judge to decide “off the bat” which
are right and which are wrong. If he guesses that
the right one is wrong or the wrong one right the
defendant gets a new trial.
For the past twenty-five years we have heard the
cry upon all sides that the jury system is a failure.
Indeed, such to-day is prevalently believed to be the
case; and to this general indictment is frequently
added the specification that the trials in our higher
courts of criminal justice are the scenes of grotesque
buffoonery and heartless merriment, where cynical
juries recklessly disregard their oaths and where morbid
crowds flock to satisfy the cravings of their imaginations
for details of blood and sexuality.
It is unnecessary to question the honesty of those
who thus picture the administration of criminal justice
in America. Indeed, thus it probably appears to
them. But before such an arraignment of present
conditions in a highly civilized and progressive nation
is accepted as final, it is well to examine into
its inherent probabilities and test it by what we
know of the actual facts.
In the first place, it should be remembered that
the jury was instituted and designed to protect the
English freeman from tyranny upon the part of the
crown. Judges were, and sometimes still are, the
creatures of a ruler or unduly subject to his influence.
And that ruler neither was, nor is, always the head
of the nation; but just as in the days of the Normans
he might have been a powerful earl whose influence
could make or unmake a judge, so to-day he
may be none the less a ruler if he exists in the person
of a political boss who has created the judge before
whom his political enemy is to be tried. The writer
has seen more than one judge openly striving to influence
a jury to convict or to acquit a prisoner at
the dictation of such a boss, who, not content to
issue his commands from behind the arras, came to
the court-room and ascended the bench to see that
they were obeyed. Usually the jury indignantly resented
such interference and administered a well-merited
rebuke by acting directly contrary to the
clearly indicated wishes of the judge.
But while admitting its theoretic value as a bulwark
of liberty, the modern assailant of the jury
brushes the consideration aside by asserting that the
system has “broken down” and “degenerated into
a farce.”
Let us now see how much of a farce it is. If four
times out of five a judge rendered decisions that
met with general approval, he would probably be
accounted a highly satisfactory judge. Now, out of
every one hundred indicted prisoners brought to the
bar for trial, probably fifteen ought to be acquitted
if prosecuted impartially and in accordance with the
strict rules of evidence. In the year 1910 the juries
of New York County convicted in sixty-six per cent
of the cases before them. If we are to test fairly the
efficiency of the system, we must deduct from the
thirty-four acquittals remaining the fifteen acquittals
which were justifiable. By so doing we shall find
that in the year 1910 the New York County juries
did the correct thing in about eighty-one cases out
of every hundred. This is a high percentage of efficiency.[3]
Is it likely that any judge would have
done much better?
After a rather long experience as a prosecutor, in
which he has conducted many hundreds of criminal
cases, the writer believes that the ordinary New York
City jury finds a correct general verdict four times
out of five. As to talesmen in other localities he has
no knowledge or reliable information. It seems hardly
possible, however, that juries in other parts of the
United States could be more heterogeneous or less
intelligent than those before which he formed his
conclusions. Of course, jury judgments are sometimes
flagrantly wrong. But there are many verdicts
popularly regarded as examples of lawlessness
which, if examined calmly and solely from the point
of view of the evidence, would be found to be the
reasonable acts of honest and intelligent juries.
For example, the acquittal of Thaw upon the ground
of insanity is usually spoken of as an illustration of
sentimentality on the part of jurymen, and of their
willingness to be swayed by their emotions where a
woman is involved. But few clearer cases of insanity
have been established in a court of justice. The district
attorney’s own experts had pronounced the defendant
a hopeless paranoiac; the prosecutor had,
at a previous trial, openly declared the same to be
his own opinion; and the evidence was convincing.
At the time it was rendered, the verdict was accepted
as a foregone conclusion. To-day the case is commonly
cited as proof of the gullibility of juries and of
the impossibility of convicting a rich man of a crime.
There will always be some persons who think that
every defendant should be convicted and feel aggrieved
if he is turned out by the jury. Yet they entirely
forget, in their displeasure at the acquittal of
a man whom they instinctively “know” to be guilty,
that the jury probably had exactly the same impression,
but were obliged under their oaths to acquit
because of an insufficiency of evidence.
An excellent illustration of such a case is that of
Nan Patterson. She is commonly supposed to have
attended, upon the night of her acquittal, a banquet
at which one of her lawyers toasted her as “the guilty
girl who beat the case.” Whether she was guilty or
not, there is a general and well-founded impression
that she murdered Cæsar Young. Yet the writer,
who was present throughout the trial, felt at the
conclusion of the case that there was a fairly reasonable
doubt of her guilt. Even so, the jury disagreed,
although the case is usually referred to as an acquittal
and a monument to the sentimentality of juries.
The acquittal of Roland B. Molineux is also recalled
as a case where a man, previously proved guilty,
managed to escape. The writer, who was then an
assistant district attorney, made a careful study of
the evidence at the time, and feels confident that the
great majority of the legal profession would agree with
him in the opinion that the Court of Appeals had no
choice but to reverse the defendant’s first conviction
on account of the most prejudicial error committed
at the trial, and that the jury who acquitted him
upon the second occasion had equally no choice when
the case was presented with a proper regard to the
rules of evidence and procedure. Indeed, on the
second trial the evidence pointed almost as convincingly
toward another person as toward the defendant.
I have mentioned the Patterson, Thaw, and Molineux
trials because they are cases commonly referred
to in support of the general contention that the jury
system is a failure. But I am inclined to believe that
any single judge, bench of judges, or board of commissioners
would have reached the same result as
the juries did in these instances.
It is quite true that juries, for rather obvious reasons,
are more apt to acquit in murder cases than in
others. In the first place, save where the defendant
obviously belongs to the vicious criminal class, a
jury finds it somewhat difficult to believe, unless
overwhelming motive be shown, that he could have
deliberately taken another’s life. Thus, with sound
reason, they give great weight to the plea of self-defence
which the accused urges upon them. He is
generally the only witness. His story has to be disproved
by circumstantial evidence, if indeed there
be any. Frequently it stands alone as the only account
of the homicide. Thus murder cases are almost
always weaker than others, since the chief witness
has been removed by death; while at the same
time the nature of the punishment leads the jury
unconsciously to require a higher degree of proof
than in cases where the consequences are less abhorrent.
All this is quite natural and inevitable. Moreover,
homicide cases as a rule are better defended
than others, a fact which undoubtedly affects the
result. These considerations apply to all trials for
homicide, notorious or otherwise, the results of which
in New York County for the past ten years are set
forth in the following table:
YEAR
CONVICTIONS
ACQUITTALS
CONVICTION PER CENT
ACQUITTALS PER CENT
1901
25
25
60
40
1902
31
11
74
26
1903
42
8
84
16
1904
37
14
72
28
1905
32
13
71
29
1906
53
22
70
30
1907
39
10
78
22
1908
35
17
67
33
1909
43
11
80
20
1910
45
15
75
25
Total
382
138
Av. 73
Av. 27
A popular impression exists at the present time
that a man convicted of murder has but to appeal
his case on some technical ground in order to secure
a reversal, and thus escape the consequences of
his crime. How wide of the mark such a belief may
be, at least so far as one locality is concerned, is
shown by the fact that in New York State, from 1887
to 1907, there were 169 decisions by the Court of Appeals
on appeals from convictions of murder in the
first-degree, out of which there were only twenty-nine
reversals. Seven of these defendants were again
immediately tried and convicted, and a second time
appealed, upon which occasion only two were successful,
while five had their convictions promptly
affirmed. Thus, so far as the ultimate triumph
of justice is concerned, out of 169 cases in that
period the appellants finally succeeded in twenty-two
only.
Since 1902 there have been twenty-seven decisions
rendered in first-degree murder cases by the
Court of Appeals, with only three reversals.[4]
The more important convictions throughout the State
are affirmed with great regularity.
As to the conduct of such cases, the writer’s own
experience is that a murder trial is the most solemn
proceeding known to the law. He has prosecuted at
least fifty men for murder, and convicted more than
he cares to remember. Such trials are invariably
dignified and deliberate so far as the conduct of the
legal side of the case is concerned. No judge, however
unqualified for the bench; no prosecutor, however
light-minded; no lawyer, however callous, fails
to feel the serious nature of the transaction or to be
affected strongly by the fact that he is dealing with
life and death. A prosecutor who openly laughed or
sneered at a prisoner charged with murder would
severely injure his cause. The jury, naturally, are
overwhelmed with the gravity of the occasion and
the responsibility resting upon them.
In the Patterson, Thaw, and Molineux cases the
evidence, unfortunately, dealt with unpleasant subjects
and at times was revolting, but there was a quiet
propriety in the way in which the witnesses were examined
that rendered it as inoffensive as it could
possibly be. Outside the court-room the vulgar
crowd may have spat and sworn; and inside no doubt
there were degenerate men and women who eagerly
strained their ears to catch every item of depravity.
But the throngs that filled the court-room were quiet
and well ordered, and the merely curious outnumbered
the morbid.
The writer deprecates the impulse which leads
judges, from a feeling that justice should be publicly
administered, to throw wide the doors of every court-room,
irrespective of the subject-matter of the trial.
We need have no fear of Star Chamber proceedings
in America, and no harm would be done by excluding
from the court-room all persons who have no business
at a trial.
It is, of course, not unnatural that in the course of
a trial occupying weeks or months the tension should
occasionally be relieved by a gleam of humor. After
you have been busy trying a case for a couple of weeks
you go to court and set to work in much the same
frame of mind in which you would attack any other
business. But the fact that a small boy sometimes
sees something funny at a funeral, or a bevy of giggling
shop-girls may be sitting in the gallery at a
fashionable wedding, argues little in respect to the
solemnity or beauty of the service itself.
What are the celebrated cases—the trials that attract
the attention and interest of the public? In the
first place, they are the very cases which contain
those elements most likely to arouse the sympathy
and prejudices of a jury—where a girl has taken the
life of her supposed seducer, or a husband has avenged
his wife’s alleged dishonor. Such cases arouse the
public imagination for the very reason that every
man realizes that there are two sides to every genuine
tragedy of this character—the legal and the natural.
Thus, aside from any other consideration, they are
the obvious instances where justice is most likely to
go astray.
In the next place, the defence is usually in the
hands of counsel of adroitness and ability; for even
if the prisoner has no money to pay his lawyer, the
latter is willing to take the case for the advertising
he will get out of it.
Third, a trial which lasts for a long time naturally
results in creating in the jury’s mind an exaggerated
idea of the prisoner’s rights, namely, the presumption
of innocence and the benefit of the reasonable doubt.
For every time that the jury will hear these phrases
once in a petty larceny or forgery case, they will
hear them in a big murder trial a hundred times.
They see the defendant day after day, and the relation
becomes more personal. Their responsibility
seems greater toward him than toward the defendant
in petty cases.
Last, as previously suggested, murder cases are
apt to be inherently weaker than others, and more
often depend upon circumstantial evidence.
The results of such cases are therefore but a poor
test of the efficiency of a jury system. They are, in
fact, the precise cases where, if at all, the jury might
be expected to go wrong.
But juries would go astray far less frequently even
in such trials were it not for that most vicious factor
in the administration of criminal justice—the “yellow”
journal. For the impression that public trials
are the scenes of coarse buffoonery and brutality is
due to the manner in which these trials are exploited
by the sensational papers.
The instant that a sensational homicide occurs,
the aim of the editors of these papers is—not to see
that a swift and sure retribution is visited upon the
guilty, or that a prompt and unqualified vindication
is accorded to the innocent, but, on the contrary, so
to handle the matter that as many highly colored
“stories” as possible can be run about it.
Thus, where the case is perfectly clear against the
prisoner, the “yellow” press seeks to bolster up the
defence and really to justify the killing by a thinly
disguised appeal to the readers’ passions. Not infrequently,
while the editorial page is mourning the
prevalence of homicide, the front columns are bristling
with sensational accounts of the home-coming of
the injured husband, the heart-breaking confession
of the weak and erring wife, and the sneering nonchalance
of the seducer, until a public sentiment is
created which, if it outwardly deprecates the invocation
of the unwritten law, secretly avows that it
would have done the same thing in the prisoner’s
place.
This antecedent public sentiment is fostered from
day to day until it has unconsciously permeated every
corner of the community. The juryman will swear
that he is unaffected by what he has read, but unknown
to himself there are already tiny furrows in
his brain along which the appeal of the defence will
run.
In view of this deliberate perversion of truth and
morals, the euphemisms of a hard-put defendant’s
counsel when he pictures a chorus girl as an angel
and a coarse bounder as a St. George seem innocent
indeed. It is not within the rail of the court-room
but within the pages of these sensational journals
that justice is made a farce. The phrase “contempt
of court” has ceased practically to have any significance
whatever. The front pages teem with caricatures
of the judge upon the bench, of the individual
jurors with exaggerated heads upon impossible
bodies, of the lawyers ranting and bellowing, juxtaposed
with sketches of the defendant praying beside
his prison cot or firing the fatal shot in obedience to
a message borne by an angel from on high.
How long would the “unwritten law” play any
part in the administration of criminal justice if every
paper in the land united in demanding, not only in
its editorials, but upon its front pages, that private
vengeance must cease? Let the “yellow” newspapers
confine themselves simply to an accurate report of
the evidence at the trial, with a reiterated insistence
that the law must take its course. Let them stop
pandering to those morbid tastes which they have
themselves created. Let the “Sympathy Sisters,”
the photographer, and the special artist be excluded
from the court-room. When these things are done,
we shall have the same high standard of efficiency
upon the part of the jury in great murder trials that
we have in other cases.
CRIMINALS — CHAPTER IV WHY DO MEN KILL? — CHAPTER V DETECTIVES AND OTHERS — CHAPTER VI DETECTIVES WHO DETECT
When a shrewd but genial editor called me up
on the telephone and asked me how I should like
to write an article (a “story,” he called it) on the
above lurid title, I laughed in his—I mean the telephone’s
face.
“My dear fellow!” I said (I should only have the
nerve to call him that over a wire). “My dear fellow!
It would ruin me! How could I keep my self-respect
and write that kind of sensational stuff—me, a reputable,
conservative, dry-as-dust member of the bar!
Go to! Why do men kill? Ha-ha! Why do men
eat? Why do men drink? Why do men love? Why
do men——”
“Yes,” came back his somewhat cynical voice
“Why?”
“How do I know?” I answered, still trying to be
jocular. “I never killed anybody!”
“Eh?” said he.
I paused.
“Well,” I admitted, “never actually with my own
hand, old chap! I have—taken part—so to speak—in—er—proceedings
that ultimately resulted in the
death of certain human beings—in a perfectly legal
way, but I’m not sure that I entirely approved of
it. Duty, you know! Salary—I had a growing
family.”
“Look here!” he interrupted. “I want that story.
I want to know something. I do! I want to know
why one man kills another man. If we knew why,
maybe we could stop it, couldn’t we? We could try
to, anyhow. And you know something about it.
You’ve prosecuted nearly a hundred men for murder.
Get the facts—that’s what I want. Cut the
adjectives and morality, and get down to the reasons.
Anything particularly undignified about that?”
“N—o,” I began, taking a fresh start.
“All right,” he replied crisply. “Send it up for
January.” And he rang off.
I arose and walked over to the bookcase on which
reposed several shelves of “minutes” of criminal
trials. They were dusty and depressing. Practically
every one of them was a memento of some poor devil
gone to prison or to the chair. Where were they now—and
why did they kill—yes, why did they?
I glanced along the red-labeled backs.
“People versus Candido.” Now why did he kill?
I remembered the Italian perfectly. He killed his
friend because the latter had been too attentive to
his wife. “People versus Higgins.” Why did he?
That was a drunken row on a New Year’s Eve within
the sound of Trinity chimes. “People versus Sterling
Greene.” Yes, he was a colored man—I recalled
the evidence—drink and a “yellow gal.” “People
versus Mock Duck”—a Chinese feud between the
On Leong Tong and the Hip Sing Tong—a vendetta,
first one Chink shot and then another, turn and turn
about, running back through Mott Street, New York,
Boston, San Francisco, until the origin of the quarrel
was lost in the dim Celestial mists across the sea.
Out of the first four cases the following motives:
Jealousy—1. Drink—1. Drink and jealousy—1.
Scattering (how can you term a “Tong” row?)—1.
I began to get interested. Supposing I dug out all
the homicide cases I had ever tried, what would the
result show as to motive for the killing? Would
drink and women account for seventy-five per cent?
Mentally I ran my eye back over nearly ten years.
What other motives had the defendants at the bar
had? There was Laudiero—an Italian “Camorrista”—he
had killed simply for the distinction it gave him
among his countrymen and the satisfaction he felt
at being known as a “bad” man—a “capo maestra.”
There was Joseph Ferrone—pure jealousy again.
Hendry—animal hate intensified by drink. Yoscow—a
deliberate murder, planned in advance by several
of a gang, to get rid of a young bully who had made
himself generally unpleasant. There was Childs,
who had killed, as he claimed, in self-defence because
he was set upon and assaulted by rival runners from
another seaman’s boarding house. Really it began
to look as if men killed for a lot of reasons. I wanted
to call up my friend and ask what kind of killings
counted. Did he simply want to know why men
murdered one another? He couldn’t possibly mean
that I was to attempt to explain why they saw fit to
exterminate each other by means of capital punishment?
Or ran over one another in trains and automobiles?
Or allowed each other to die from unsanitary
conditions? Or lynched one another?—there
was only one reason for that I knew. Or killed
themselves? Nor did he mean to have me go into
the question of why they killed elsewhere—in Naples,
Sicily, Constantinople, and so on. No; what he
wanted to find out was why men in the United States
of America killed other men of their own kind without
malice aforethought—legal and quasi-legal killings
excluded. Moreover, he wanted to know from the
actual personal experience of those who had weighed
the evidence as to their motives in a sufficiently large
number of cases to be representative.
One consideration at once suggested itself. How
about the killings where the murderer is never caught?
The prisoners tried for murder are only a mere fraction
of those who commit murder. True, and the
more deliberate the murder, the greater, unfortunately,
the chance of the villain getting away. Still,
in cases merely of suspected murder, or in cases where
no evidence is taken, it would be manifestly unfair
arbitrarily to assign motives for the deed, if deed it
was. No, one must start with the assumption, sufficiently
accurate under all the circumstances, that
the killings in which the killer is caught are fairly
representative of killings as a whole.
All crimes naturally tend to divide themselves into
two classes—crimes against property and crimes
against the person, each class having an entirely
different assortment of reasons for their commission.
There can be practically but one motive for theft,
burglary, or robbery. It is, of course, conceivable that
such crimes might be perpetrated for revenge—to
deprive the victim of some highly prized possession.
But in the main there is only one object—unlawful
gain. So, too, blackmail, extortion, and kidnapping
are all the products of the desire for “easy money.”
But, unquestionably, this is the reason for murder in
comparatively few cases.
The usual motive for crimes against the person—assault,
manslaughter, mayhem, murder, etc.—is the
desire to punish, or be avenged upon another by inflicting
personal pain upon him or by depriving him
of his most valuable asset—life. And this desire for
retaliation or revenge generally grows out of a recent
humiliation received at the hands of the other person,
a real or fancied wrong to oneself, a member of
one’s family, or one’s property. But this was too
easy an answer to my friend’s question. He could
have got that much out of any elementary text-book
on penology. He wanted and deserved more than
that, and I set out to give it to him.
My first inquiry was in the direction of original
sources. I sought out the man in the district attorney’s
office who had had the widest general experience
and put the question to him. This was Mr. Charles
C. Nott, Jr., who has been trying murder cases for
nearly ten years. It so happened that he had kept a
complete record of all of them and this he courteously
placed at my disposal. The list contains sixty-two
cases, and the defendants were of divers races. These
homicides included seventeen committed in cold blood
(about twenty-five per cent, an extraordinary percentage)
from varying motives, as follows: One defendant
(white) murdered his colored mistress simply
to get rid of her; another killed out of revenge
because the deceased had “licked” him several
times before; another, having quarrelled with his
friend over a glass of soda water, later on returned
and precipitated a quarrel by striking him, in the
course of which he killed him; another because the
deceased had induced his wife to desert him; another
lay in wait for his victim and killed him without the
motive ever being ascertained; one man killed his
brother to get a sum of money, and another because
his brother would not give him money; another because
he believed the deceased had betrayed the
Armenian cause to the Turks; another because he
wished to get the deceased out of the way in order
to marry his wife; and another because deceased
had knocked him down the day before. One man
had killed a girl who had ridiculed him; and one a
girl who had refused to marry him; another had
killed his daughter because she could no longer live
in the house with him; one, an informer, had been
the victim of a Black Hand vendetta; and the last
had poisoned his wife for the insurance money in
order to go off with another woman. There were two
cases of infanticide, one in which a woman threw
her baby into the lake in Central Park, and another
in which she gave her baby poison. Besides these
murders, five homicides had been committed in the
course of perpetrating other crimes, including burglary
and robbery.
Passing over three cases of culpable negligence resulting
in death, we come to thirty-seven homicides
during quarrels, some of which might have been technically
classified as murders, but which, being committed
“in the heat of passion,” in practically every
instance resulted in a verdict of manslaughter. The
quarrels often arose over the most trifling matters.
One was a dispute over a broom, another over a horse
blanket, another over food, another over a twenty-five-cent
bet in a pool game, another over a loan of
fifty cents, another over ten cents in a crap game, and
still another over one dollar and thirty cents in a crap
game. Five men were killed in drunken rows which
had no immediate cause except the desire to “start
something.” One man killed another because he had
not prevented the theft of some lumber, one (a policeman)
because the deceased would not “move on”
when ordered, one because a bartender refused to
serve him with any more drinks, and one (a bartender)
because the deceased insisted that he should serve
more drinks. One man was killed in a quarrel over
politics, one in a fuss over some beer, one in a card
game, one trying to rob a fruit-stand, one in a dispute
with a ship’s officer, one in a dance hall row.
One man killed another whom he found with his
wife, and one wife killed her husband for a similar
cause; another wife killed her husband simply because
she “could not stand him,” and one because
he was fighting with their son. One man was killed
by another who was trying to collect from him a
debt of six hundred dollars. One quarrel resulting
in homicide arose because the defendant had pointed
out deceased to the police, another because the participants
called each other names, and another arose
out of an alleged seduction. Three homicides grew
out of street rows originating in various ways. One
man killed another who was fighting with a friend
of the first, a janitor was killed in a “continuous
row” which had been going on for a long time, and
one homicide was committed for “nothing in particular.”
This astonishing olla podrida of reasons for depriving
men of their lives leaves one stunned and
confused. Is it possible to deduce any order out of
such homicidal chaos? Still, an attempt to classify
such diverse causes enables one to reach certain general
conclusions. Out of the sixty-two homicides
there were seventeen cold-blooded murders, with deliberation
and premeditation (in such cases the reasons
for the killing are by comparison unimportant);
three homicides due to negligence, five committed
while perpetrating a felony; thirty-seven manslaughters,
due in sixteen cases to quarrels (simply),
thirteen to drink, four to disputes over money, three
to women, one to race antagonism.
Reclassifying the seventeen murders according to
causes, we have: Six due to women, four to quarrels,
five to other causes, and two infanticides. Added to
the manslaughters previously classified, we have a
total of sixty-two killings, due in twenty cases to
quarrels, thirteen to drink, nine to women, four to
disputes over money, one to race antagonism, five
to general causes, three to negligence, two infanticides,
five during the commission of other
crimes.
The significant features of this analysis are that
about seventy-five per cent of the killings were due
to quarrels over small sums or other matters, drink
and women; over fifty per cent to drink and petty
quarrels, and about thirty per cent to quarrels simply.
The trifling character of the causes of the quarrels
themselves is shown by the fact that in three of
these particular cases, tried in a single week, the total
amount involved in the disputes was only eighty-five
cents. That is about twenty-eight and one-half cents
a life. Many a murder in a barroom grows out of
an argument over whether a glass of beer has, or
has not, been paid for, or whose turn it is to treat;
and more than one man has been killed in New York
City because he was too clumsy to avoid stepping
on somebody’s feet or bumping into another man on
the sidewalk.
The writer sincerely regrets that his own lack of
initiative prevented his keeping a diary similar to
that of his colleague, Mr. Nott, during his seven
years’ service as a prosecutor. It is now impossible
for him to refresh his memory as to the causes of all
the various homicides which he prosecuted, but where
he can do so the evidence points to a conclusion similar
to that deduced from Mr. Nott’s record. The
proximate causes were trifling—the underlying cause
was the lack of civilization of the defendant—his brutality
and absence of self-control.
With a view to ascertaining conditions in general
throughout the United States, I asked a clipping
agency to send me the first one hundred notices of
actual homicides which should come under its scissors.
The immediate result of this experiment was
that I received forty-five notices supposedly relating
to murders and homicides, which on closer examination
proved to be anything but what I wanted
for the purpose in view. With only one or two exceptions
they related not to deaths from violence reported
as having occurred on any particular day, but
to notices of convictions, acquittals, indictments,
pleas of guilty and not guilty, rewards offered,
sentences, executions, “suspicions” of the police,
“mysteries revived,” and even editorials on capital
punishment.
A letter of protest brought in due course, but much
more slowly, one hundred and seven clippings, which
yielded the following reasons why men killed:
There were four suicides, three lynchings, one infanticide,
three murders while resisting arrest, three
criminals killed while resisting arrest, two men killed
in riots, eight murders in the course of committing
burglaries and robberies, seven persons killed in vendettas,
three race murders, and twenty-four killed
in quarrels over petty causes; there were twelve
murders from jealousy, followed in four instances
by suicide on the part of the murderer; six killings
justifiable on the “higher law” theory only, but
involving great provocation, and thirty deliberate
slaughters. The last clipping recounted how an irate
husband pounded a “masher” so hard that he died.
Leaving out the suicides and those killed while resisting
arrest, there remain one hundred persons murdered,
not only by persons insane or wild from the
effects of liquor, but by robbers and burglars, brutes,
bullies, and thugs, husbands, wives, and lovers, and
by a vast number of people who not only destroyed
their enemies in the fury of anger, but in many instances
openly went out gunning for them, lay in wait
for them in the dark, or hacked off their heads with
hatchets while they slept.
It is, indeed, a sanguinary record, from which little
consolation is to be derived, and the only comfort is
the probability that the accounts of the first one
hundred murders anywhere in Europe would undoubtedly
be just as blood-curdling. I had simply
asked the clipping bureau to send me one hundred
horrors and I had got them. They did not indicate
anything at all so far as the ratio of homicide
to population was concerned or as to the blood-thirstiness
of Americans in general. They merely
showed what despicable things murders were.
As to the reasons for the killings, they were as
diverse as those which Mr. Nott had prosecuted,
save that there were more of an ultra blood-thirsty
character, due probably to the fact that the young
lady who did the clipping wanted (after one rebuff)
to make sure that I was satisfied with the goods she
sent me. And this suggests a reason for the large
percentage of cold-blooded killings prosecuted by my
friend—namely, that Mr. Nott being the most astute
prosecutor available, the district attorney, whenever
the latter had a particularly atrocious case, sent
it to him in order that the defendant might surely get
his full deserts.
The reasons for these homicides were of every sort;
police officers and citizens were shot and killed by
criminals trying to make “get-aways,” and by negroes
and others “running amuck”; despondent
young men shot their unresponsive sweethearts and
then either blew out their own brains or pretended
to try to do so; two stable-men had a duel with revolvers,
and each killed the other; several men were
shot for being too attentive to young women residing
in the same hotels; an Italian, whose wife had left
him and gone to her mother, went to the house and
killed her, her sister, her sister’s husband, his mother-in-law,
two children, and finally himself; the “Gopher
Gang” started a riot at a “benefit” dance given to
a widow and killed a man, after which they fled to
the woods and fired from cover upon the police until
eighteen were overpowered and arrested; a young
girl and her fiancé, sitting in the parlor, planning
their honeymoon, were unexpectedly interrupted by a
rejected suitor of the girl’s, who shot and killed both
of them; an Italian who peeked into a bedroom, just
for fun, afterward rushed in and cut off two persons’
heads with an ax—one of them was his wife; a gang
of white ruffians shot and then burned a negro family
of three peacefully working in the fields; a man
who went to the front door to see who had tapped
on his window was shot through the heart; a striker
was killed by a twenty-five-pound piece of flagging
thrown from a roof; there was a gun fight of colored
men at Madison, Wisconsin, at which three were
shot; a gang of negro ruffians killed and mutilated
a white woman (with a baby in her arms) and her
husband; masked robbers called a man to his barn
at Winston-Salem, North Carolina, and cut his
throat; an Italian was found with his head split in
two by a butcher’s cleaver; a negress in Lafayette,
Louisiana, killed a family of six with a hatchet; a
negro farmer and his two daughters were lynched
and their bodies burned by four white men (who will
probably also be lynched if caught); a girl of eleven
shot her girl friend of about the same age and killed
her; several persons were found stabbed to death;
a plumber killed his brother (also a plumber) for saying
that he stole two dollars; a murderer was shot
by a posse of militia in a cornfield; a card game at
Bayonne, New Jersey, resulted in a revolver fight
on the street in which one of the players was killed;
bank robbers killed a cashier at twelve o’clock noon;
a jealous lover in Butte, Montana, shot and killed
his sweetheart, her father, and mother; a deputy
sheriff was murdered; burglars killed several persons
in the course of their business; Kokolosski, a Pole,
kicked his child to death; and a couple of dozen people
were incidentally shot, stabbed, or otherwise
disposed of in the course of quarrels over the most
trivial matters. In almost no case was there what
an intelligent, civilized man would regard as an adequate
reason for the homicide. They killed because
they felt like killing, and yielded to the impulse,
whatever its immediate origin.
This conclusion is abundantly supported by the
figures of the Chicago Tribune for the seven years
ending in 1900, when carefully analyzed. During
this period 62,812 homicides were recorded. Of these
there were 17,120, of which the causes were unknown
and 3,204 committed while making a justifiable arrest,
in self-defence, or by the insane, so that there
were in fact only 42,488 felonious homicides the
causes of which can be definitely alleged. The ratio
of the “quarrels” to this net total is about seventy-five
per cent. There were, in addition, 2,848 homicides
due to liquor—that is, without cause. Thus
eighty per cent of all the murders and manslaughters
in the United States for a period of seven years were
for no reason at all or from mere anger or habit, arising
out of causes often of the most trifling character.
Nor are the conclusions changed by the figures of
the years between 1904 and 1909.
During this period 61,786 homicides were recorded.
Of these there were 9,302 of which the causes were
not known, and 2,480 committed while making a
justifiable arrest, in self-defence, or by the insane,
leaving 50,004 cases of felonious homicides of known
causes. Of these homicides, 33,476 were due to quarrels
and 4,799 to liquor, a total of 38,275 out of the
50,004 cases of known causes being traceable in this,
another seven years, to motives the most casual.
It would be stupid to allege that the reason men
killed was because they had been stepped on or had
been deprived of a glass of beer. The cause lies
deeper than that. It rests in the willingness or desire
of the murderer to kill at all. Among barbaric
or savage peoples this is natural; but among civilized
nations it is hardly to be anticipated. If the negro
who shoots his fellow because he believes himself to
have been cheated out of ten cents were really civilized,
he would either not have the impulse to kill or,
having the impulse to kill, would have sufficient
power of self-control to refrain from doing so. This
power of self-control may be natural or acquired, and
it may or may not be possessed by the man who feels
a desire to commit a homicide. The fact to be observed—the
interesting and, broadly speaking, the
astonishing fact—is that among a people like ourselves
anybody should have a desire to kill. It is
even more astonishing than that the impulse should
be yielded to so often if it comes.
This, then, is the real reason why men kill—because
it is inherent in their state of mind, it is part
of their mental and physical make-up—they are
ready to kill, they want to kill, they are the kind of
men who do kill. This is the result of their heredity,
environment, educational and religious training, or
the absence of it. How many readers of this paper
have ever experienced an actual desire to kill another
human being? Probably not one hundredth of one
per cent. They belong to the class of people who
either never have such an impulse, or at any rate
have been taught to keep such impulses under control.
Hence it is futile to try to explain that some
men kill for a trifling sum of money, some because
they feel insulted, others because of political or labor
disputes, or because they do not like their food.
Any one of these may be the match that sets off the
gunpowder, but the real cause of the killing is the
fact that the gunpowder is there, lying around loose,
and ready to be touched off. What engenders this
gunpowder state of mind would make a valuable
sociological study, but it may well be that a seemingly
inconsequential fact may so embitter a boy or man
toward life or the human race in general that in time
he “sees red” and goes through the world looking
for trouble. Any cause that makes for crime and depravity
makes for murder as well. The little boy
who is driven out of the tenement onto the street,
and in turn off the street by a policeman, until, finding
no wholesome place to play, he joins a “gang”
and begins an incipient career of crime, may end in
the “death house.”
The table on the opposite page gives the figures collected
by the Chicago Tribune for the years from
1881 to 1910.
In view of the foregoing it may seem paradoxical
for the writer to state that he questions the alleged
unusual tendency to commit murder on the part of
citizens of the United States. Yet of one fact he is
absolutely convinced—namely, that homicide has
substantially decreased in the last fifteen years. Even
according to the figures collected by the Chicago
Tribune, there were but 8,975 homicides in 1910 as
compared with 10,500 in 1895, and 10,652 in 1896.
Number of Murders and Homicides in the United States Each
Year Since 1881, Compared with the Population
YEAR
NUMBER OF MURDERS AND HOMICIDES IN THE UNITED STATES
ESTIMATED POPULATION OF THE UNITED STATES
NUMBER OF MURDERS AND HOMICIDES FOR EACH MILLION OF PEOPLE
1881
1,266
51,316,000
24.7
1883
1,697
31.6
1884
1,465
26.7
1885
1,808
56,148,000
32.2
1886
1,499
26.1
1887
2,335
39.8
1888
2,184
36.4
1889
3,567
58.2
1890
4,290
62,622,250
68.5
1891
5,906
92.4
1892
6,791
104.2
1893
6,615
99.5
1894
9,800
144.7
1895
10,500
69,043,000
152.2
1896
10,652
151.3
1897
9,520
132.8
1898
7,840
107.2
1899
6,225
83.6
1900
8,275
75,994,575
108.7
1901
7,852
77,754,000
100.9
1902
8,834
79,117,000
111.7
1903
8,976
112.0
1904
8,482
1905
9,212
1906
9,350
1907
8,712
1908
8,952
1909
8,103
1910
8,975
91,972,266
97.5
Total
191,150
Meantime the population of our country has been
leaping onward.
We are blood-thirsty enough, God knows, without
making things out any worse than they are or juggling
the figures. Our murder rate per 100,000 unquestionably
exceeds that of most of the countries of western
Europe, but, as the saying is, “there’s a reason.” If
our homicide statistics related only to the white population
of even the second generation born in this
country we should find, I am convinced, that we are
no more homicidal than France and Belgium, and
less so than Italy. It is to be expected that with our
Chinese, “greaser,” and half-breed population in the
West, our Black Belt in the South, and our Sicilian
and South Italian immigration in the North and
East, our murder rate should exceed those of the
continental nations, which are nothing if not well
policed.
But of one thing we can be abundantly certain
without any figures at all, and that is that our present
method of administering justice (less the actions
of juries than of judges)—the system taken as a
whole—offers no deterrent to the embryonic or professional
criminal. The administration of justice to-day
is not the swift judgment of honest men upon
a criminal act, but a clever game between judge and
lawyer, in which the action of the jury is discounted
entirely and the moves are made with a view to checkmating
justice, not in the trial court-room, but before
the appellate tribunal two or three years later.
“My young feller,” said a grizzled veteran of the
criminal bar to me long years ago, after our jury had
gone out, “there’s lots of things in this game you
ain’t got on to yet. Do you think I care what this
jury does? Not one mite. I got a nice little error
into the case the very first day—and I’ve set back
ever since. S’pose we are convicted? I’ll get Jim
here [the prisoner] out on a certificate and it’ll be
two years before the Court of Appeals will get around
to the case. Meantime Jim’ll be out makin’ money
to pay me my fee—won’t you, Jim? Then your witnesses
will be gone, and nobody’ll remember what
on earth it’s all about. You’ll be down in Wall Street
practicing real law yourself, and the indictment will
kick around the office for a year or so, all covered
with dust, and then some day I’ll get a friend of mine
to come in quietly and move to dismiss. And it’ll
be dismissed. Don’t you worry! Why, a thousand
other murders will have been committed in this
county by the time that happens. Bless your soul!
You can’t go on tryin’ the same man forever! Give
the other fellers a chance. You shake your head?
Well, it’s a fact. I’ve been doin’ it for forty years.
You’ll see.” And I did. That may not be Why men
kill, but perhaps indirectly it may have something to
do with it.
A detective, according to the dictionaries, is one
“whose occupation it is to discover matters as to
which information is desired, particularly wrong-doers,
and to obtain evidence to be used against
them.” A private detective, by the same authority,
is one “engaged unofficially in obtaining secret information
for or guarding the private interests of
those who employ him.” The definition emphasizes
the official character of detectives in general as contrasted
with those whose services may be enlisted
for hire by the individual citizen, but the distinction
is of little importance, since it is based arbitrarily
upon the character of the employer (whether the
State or a private client) instead of upon the nature
of the employment itself, which is the only thing
which is likely to interest us about detectives at all.
The sanctified tradition that a detective was an
agile person with a variety of side-whiskers no longer
obtains even in light literature, and the most imaginative
of us is frankly aware of the fact that a detective
is just a common man earning (or pretending
to earn) a common living by common and obvious
means. Yet in spite of ourselves we are accustomed
to attribute superhuman acuteness and a lightning-like
rapidity of intellect to this vague and romantic
class of fellow-citizens. The ordinary work of a detective,
however, requires neither of these qualities.
Honesty and obedience are his chief requirements,
and if he have intelligence as well, so much the
better, provided it be of the variety known as horse
sense. A genuine candidate for the job of Sherlock
Holmes would find little competition. In the first
place, the usual work of a detective does not demand
any extraordinary powers of deduction at all.
Leaving out of consideration those who are merely
private policemen (often in uniform), and principally
engaged in patrolling residential streets, preserving
order at fairs, race-tracks, and political meetings, or
in breaking strikes and preventing riots, the largest
part of the work for which detectives are employed
is not in the detection of crime and criminals, but in
simply watching people, following them, and reporting
as accurately as possible their movements. These
functions are known in the vernacular as spotting,
locating, and trailing. It requires patience, some
powers of observation, and occasionally a little ingenuity.
The real detective under such circumstances
is the man to whom they hand in their reports. Yet
much of the most dramatic and valuable work that is
done involves no acuteness at all, but simply a willingness
to act as a spy and to brave the dangers of
being found out.
There is nothing more thrilling in the pages of
modern history than the story of the man (James
McPartland) who uncovered the conspiracies of the
Molly McGuires. But the work of this man was
that of a spy pure and simple.
Another highly specialized class of detectives is
that engaged in police and banking work, who by experience
(or even origin) have a wide and intimate
acquaintance with criminals of various sorts, and by
their familiarity with the latter’s whereabouts, associates,
work, and methods are able to recognize and
run down the perpetrators of particular crimes.
Thus, for example, there are men in the detective
bureau of New York City who know by name, and
perhaps have a speaking acquaintance with, a large
number of the pick-pockets and burglars of the East
Side. They know their haunts and their ties of friendship
or marriage. When any particular job is pulled
off they have a pretty shrewd idea of who is responsible
for it and lay their plans accordingly. If necessary,
they run in the whole bunch and put each of
them through a course of interrogation, accusation,
and brow-beating until some one breaks down or
makes a slip that involves him in a tangle. These
men are special policemen whose knowledge makes
them detectives by courtesy. But their work does
not involve any particular superiority or quickness of
intellect—the quality which we are wont to associate
with the detection of crime.
Now, if the ordinary householder finds that his
wife’s necklace has mysteriously disappeared, his
first impulse is to send for a detective of some sort
or other. In general, he might just as well send for
his mother-in-law. Of course, the police can and will
watch the pawnshops for the missing baubles, but
no crook who is not a fool is going to pawn a whole
necklace on the Bowery the very next day after it
has been “lifted.” Or he can enlist a private detective
who will question the servants and perhaps go
through their trunks, if they will let him. Either
sort will probably line up the inmates of the house
for general scrutiny and try to bully them separately
into a confession. This may save the master a disagreeable
experience, but it is the simplest sort of
police work and is done vicariously for the taxpayer,
just as the public garbage man relieves you from the
burden of taking out the ashes yourself, because he is
paid for it, not on account of your own incapacity or
his superiority. Which, speaking of garbage, reminds
the writer of a disconnected personal experience in
which he endeavored to enlist the services of one of
these latter specialists for the purpose of carrying a
trunk on his wagon to the steamboat wharf.
“I’m sorry, sir,” replied the gentleman in question,
“I ain’t used to handling trunks. They ain’t in my
line. But [proudly] when it comes to swill, I’m as good
as anybody!”
The real detective is the one who, taking up the
solution of a crime or other mystery, brings to bear
upon it unusual powers of observation and deduction
and an exceptional resourcefulness in acting upon
his conclusions. Frankly, I have known very few
such, although for some ten years I have made use of
a large number of so-called detectives in both public
and private matters. As I recall the long line of cases
where these men have rendered service of great value,
almost every one resolves itself into a successful
piece of mere spying or trailing. Little ingenuity or
powers of reason were required. Of course, there are
a thousand tricks that an experienced man acquires
as a matter of course, but which at first sight seem
almost like inspiration. I shall not forget my delight
when Jesse Blocher, who had been trailing Charles
Foster Dodge through the South (when the latter
was wanted as the chief witness against Abe Hummel
on the charge of subornation of perjury of which he
was finally convicted), told me how he instantly located
his man, without disclosing his own identity, by
unostentatiously leaving a note addressed to Dodge
in a bright-red envelope upon the office counter of the
Hotel St. Charles in New Orleans, where he knew his
quarry to be staying. A few moments later the clerk
saw it, picked it up, and, as a matter of course, thrust
it promptly into box No. 420, thus involuntarily
hanging, as it were, a red lantern on Dodge’s door.
There is no more reason to look for superiority of
intelligence or mental alertness among detectives of
the ordinary class than there is to expect it from
clerks, stationary engineers, plumbers, or firemen.
While comparisons are invidious, I should be inclined
to say that the ordinary chauffeur was probably a
brighter man than the average detective. This is not
to be taken in derogation of the latter, but as a compliment
to the former. There is more reason why he
should be. There are a great many detectives of ambiguous
training. I remember in a celebrated case
discovering that of the more important detectives employed
by a well-known private Anti-Criminal Society
in New York, one had been a street vender of frankfurters
(otherwise yclept “hot dogs”), and another
the keeper of a bird store, which last perhaps qualified
him for the pursuit and capture of human game.
There is a popular fiction that lawyers are shrewd and
capable, similar to the prevailing one that detectives
are astute and cunning in their methods. But, as
the head of one of the biggest agencies in the country
remarked to me the other day, when discussing the
desirability of retaining local counsel in a distant
city: “By thunder! You know how hard it is to find
a lawyer that isn’t a dead one.” I feel confident that
he did not mean this in the sense that there was no
good lawyer except a dead lawyer. What my detective
friend probably had in mind was that it was difficult
to find a lawyer who brought to bear on a new
problem any originality of thought or action. It is
even harder to find a detective who is not in this
sense a dead one. I have the feeling, being a lawyer
myself, that (for educational reasons probably) it is
harder to find a live detective than a live lawyer.
There are a few of both, however, if you know where
to look for them. But it is easy to fall into the hands
of the Philistines.
The fundamental reason why it is so hard to form
any just opinion of detectives in general is that (except
by their fruits) there is little opportunity to discriminate
between the able and the incapable. Now,
the more difficult and complicated his task the less
likely is the sleuth (honest or otherwise) to succeed.
The chances are a good deal more than even that
he will never solve the mystery for which he is engaged.
Thus at the end of three months you will
have only his reports and his bill—which are poor
comfort, to say the least. And yet he may have really
worked eighteen hours per day in your service. But
a dishonest detective has only to disappear (and take
his ease for the same period) and send you his reports
and his bill—and you will have only his word for
how much work he has done and how much money
he has spent. You are absolutely in his power—unless
you hire another detective to watch him. Consequently
there is no class in the world where the
temptation to dishonesty is greater than among detectives—not
even among plumbers, cabmen, butchers,
and lawyers. (God knows the peril of all of
these!) This, too, is, I fancy, the reason that the
evidence of the police detective is received with so
much suspicion by jurymen—they know that the
only way for him to retain his position is by making
a record and getting convictions, and hence
they are always looking for jobs and frame-ups.
If a police detective doesn’t make arrests and send
a man to jail every once in a while there is no conclusive
way for his superiors to be sure he isn’t
loafing.
There are a very large number of persons who go
into the detective business for the same reason that
others enter the ministry—they can’t make a living
at anything else. Provided he has squint eyes and
a dark complexion, almost anybody feels that he is
qualified to unravel the tangled threads of crime.
The first resource of the superannuated or discharged
police detective is to start an agency. Of course, he
may be first class in spite of these disqualifications,
but the presumption in the first instance is that he
is no longer alert or effective, and in the second that
in one way or another he is not honest. Agencies recruited
from deposed and other ex-policemen usually
have all the faults of the police without any of their
virtues. There are many small agencies which do
reliable work, and there are a number of private detectives
in all the big cities who work single-handed
and achieve excellent results. However, if he expects
to accomplish anything by hiring detectives, the layman
or lawyer must first make sure of his agency or
his man.
One other feature of the detective business should
not be overlooked. In addition to charging for services
not actually rendered and expenses not actually
incurred, there is in many cases a strong temptation
to betray the interests of the employer. A
private detective may, and usually does, become possessed
of information even more valuable to the person
who is being watched than to the person to whom
he owes his allegiance. Unreliable rascals constantly
sell out to the other side and play both ends against
the middle. In this they resemble some of the famous
diplomatic agents of history. And police detectives
employed to run down criminals and protect
society have been known instead to act as stalls for
bank burglars and (for a consideration) to assist
them to dispose of their booty and protect them from
arrest and capture. It has repeatedly happened that
reliable private detectives have discovered that the
police employed upon the same case have in reality
been tipping off the criminals as to what was being
done and coaching them as to their conduct. Of
course the natural jealousy existing between official
and unofficial agents of the law leads to a good many
unfounded accusations of this character, but, on the
other hand, the fact that much of the most effective
police work is done by employing professional criminals
to secure information and act as stool-pigeons
often results in a definite understanding that the
latter shall be themselves protected in the quiet enjoyment
of their labors. The relations of the regular
police to crime, however, and the general subject of
police graft have little place in a chapter of this character.
The first question that usually arises is whether a
detective shall or shall not be employed at all in any
particular case. Usually the most important thing
is to find out what the real character, past, and associations
of some particular individual may be. Well-established
detective agencies with offices throughout
the country are naturally in a better position to acquire
such information quickly than the private individual
or lawyer, since they are on the spot and
have an organized staff containing the right sort of
men for the work. If the information lies in your
own city you can probably hire some one to get it or
ferret it out yourself quite as well, and much more
cheaply, than by employing their services. The leads
are few and generally simple. The subject’s past
employers and business associates, his landlords and
landladies, his friends and enemies, and his milkman
must be run down and interrogated. Perhaps his
personal movements must be watched. Any intelligent
fellow who is out of a job will do this for you
for about $5 per day and expenses. The agencies
usually charge from $6 to $8 (and up), and prefer
two men to one, as a matter of convenience and to
make sure that the subject is fully covered. If the
suspect is on the move and trains or steamships must
be met, you have practically no choice but to employ
a national agency. It alone has the proper plant
and equipment for the work. In an emergency, organization
counts more than anything else. Where
time is of the essence, the individual has no opportunity
to hire his own men or start an organization
of his own. But if the matter is one where there is
plenty of leisure to act, you can usually do your own
detective work better and cheaper than any one else.
Regarding the work of the detective as a spy
(which probably constitutes seventy-five per cent of
his employment to-day), few persons realize how
widely such services are being utilized. The insignificant
old Irishwoman who stumbles against you
in the department store is possibly watching with
her cloudy but eagle eye for shoplifters. The tired-looking
man on the street-car may, in fact, be a professional
“spotter.” The stout youth with the pince-nez
who is examining the wedding presents is perhaps a central-office man.
All this you know or may suspect. But you are not so likely to be aware
that the floor-walker himself is the agent of a rival concern placed in
the department store to keep track, not only of prices but of whether
or not the wholesalers are living up to their agreements in regard to
the furnishing of particular kinds of goods only to one house; or that
the conductor on the car is a paid detective of the company, whose
principal duty is not to collect fares, but to report the doings of the
unions; or that the gentleman who is accidentally introduced to you at
the wedding breakfast is employed by a board of directors to get a line
on your host’s business associates and social companions.
In the great struggle between capital and labor,
each side has expended large sums of money in employing
confederates to secure secret information as
to the plans and doings of the enemy. Almost every
labor union has its Judas, and many a secretary to a
capitalist is in the secret employment of a labor union.
The railroads must be kept informed of what is going
on, and, if necessary, they import a man from another
part of the country to join the local organization.
Often such men, on account of their force and intelligence,
are elected to high office in the brotherhoods
whose secrets they are hired to betray. Practically
every big manufacturing plant in the United States
has on its pay-rolls men acting as engineers, foremen,
or laborers who are drawing from $80 to $100 per
month as detectives either (1) to keep their employers
informed as to the workings of the labor unions, (2)
to report to the directors the actual conduct of the
business by its salaried officers, superintendents, and
overseers, or (3) to ascertain and report to outside
competing concerns the methods and processes made
use of, the materials utilized, and the exact cost of
production.
There are detectives among the chambermaids and
bellboys in the hotels, and also among the guests;
there are detectives on the passenger lists and in the
cardrooms of the Atlantic liners; the colored porter
on the private car, the butler at your friend’s house,
the chorus girl on Broadway, the clerk in the law
office, the employee in the commercial agency, may
all be drawing pay in the interest of some one else,
who may be either a transportation company, a
stock-broker, a rival financier, a yellow newspaper,
an injured or even an erring wife, a grievance committee,
or a competing concern; and the duties of
these persons may and will range from the theft of
mailing-lists, books, and papers, and (in the case of
the newspaper) of private letters, up to genuine detective
work requiring some real ability.
Apart from the hired thieves above referred to,
some yellow journals employ men to work upon the
various “mystery stories” that from time to time
arouse the attention of the public, who often accomplish
as good results as the police. I should,
however, place one limitation upon this general
statement, which is that, as the object of the newspaper
is usually quite as much to keep the story
alive as to solve the mystery, the papers are apt to
find startling significance in details of slight importance.
While we are speaking of newspapers, it
may not be out of place to suggest that their activity
is such that there are few general evils left undisclosed
and few prominent men the privacy of
whose lives is not known in the editorial rooms.
When lurid tales are told of the secret doings of Mr.
So-and-So and the Hon. This and That, you may rest
assured that the greater the desirability of those yarns
as copy for the big dailies, the less likely they are to
have any foundation in fact. The eye of the city
editor is in every place discerning the evil if not the
good. Indeed, it is almost unnecessary for the papers
to hire spies, since self-constituted ones are ready at
any moment to bargain with them for stolen goods
and ruined reputations.
Detective work of the sort which involves the betrayal
of confidences and friendships naturally excites
our aversion—yet in many cases the end undoubtedly
justifies the means employed, and often
there is no other way to avert disaster and prevent
fiendish crimes. Sometimes, on the other hand, the
information sought is purely for mercenary or even
less worthy reasons, and those engaged in these undertakings
range from rascals of the lowest type to men
who are ready to risk death for the cause which they
represent and who are really heroes of a high order.
One of the latter with whom I happened to be thrown
professionally was a young fellow of about twenty
named Guthrie.
It was during a great strike, and outrages were
being committed all over the city of New York by
dynamiters supposed to be in the employ of the
unions. Young Guthrie, who was a reckless dare-devil,
offered his services to the employers, and agreed
(for a trifling compensation) to join one of the local
unions and try to find out who were the men blowing
up office buildings in process of construction and
otherwise terrorizing the inhabitants of the city. The
story of his success deserves a chapter by itself, and
it is enough here to state that he applied for membership
in the organization, and by giving evidence of
his courage and fiber managed to secure a place as a
volunteer in the dynamiting squad. So cleverly did
he pass himself off as a bitter enemy of capital that
he was entrusted with secrets of the utmost value and
took part in making the plans and procuring the
dynamite to execute them. The quality of his nerve
(as well as his foolhardiness) is shown by the fact
that he once carried a dress-suit case full of the explosive
around the city, jumping on and off street
cars, and dodging vehicles. When the proper moment
came and the dynamite had been placed in
an uncompleted building on Twenty-second Street,
Guthrie gave the signal and the police arrested the
dynamiters—all of them, including Guthrie, who was
placed with the rest in a cell in the Tombs and continued
to report to the district attorney all the information
which he thus secured from his unsuspecting
associates. Indeed, it was hard to convince the
authorities that Guthrie was a spy and not a mere
accomplice who had turned State’s evidence, a distinction
of far-reaching legal significance so far as
his evidence was concerned.
The final episode in the drama was the unearthing
by the police of Hoboken of the secret cache of the
dynamiters, containing a large quantity of the explosive.
Guthrie’s instructions as to how they should
find it read like a page from Poe’s “Gold Bug.”
You had to go at night to a place where a lonely road
crossed the Erie Railroad tracks in the Hackensack
meadows, and mark the spot where the shadow of a
telegraph pole (cast by an arc light) fell on a stone
wall. This you must climb and walk so many paces
north, turn and go so many feet west, and then north
again. You then came to a white stone, from which
you laid your course through more latitude and longitude
until you were right over the spot. The police
of Hoboken did as directed, and after tacking round
and round the field, found the dynamite. Of course,
the union said the whole thing was a plant, and that
Guthrie had put the dynamite in the field himself at
the instigation of his employers, but before the case
came to trial both dynamiters pleaded guilty and
went to Sing Sing. One of them turned out to be an
ex-convict, a burglar. I often wonder where Guthrie
is now. He certainly cared little for his life. Perhaps
he is down in Venezuela or Mexico. He could
never be aught than a soldier of fortune. But for a
long time the employers thought that Guthrie was
a detective sent by the unions to compromise them
in the very dynamiting they were trying to stop!
I once had a particularly dangerous and unfortunate
case where a private client was being blackmailed
by a half-crazy ruffian who had never seen
him, but had selected him arbitrarily, as a person
likely to give up money. The blackmailer was a German
Socialist, who was out of employment—a man
of desperate character. He had made up his mind
that the world owed him a living, and he had decided
that the easiest way to get it was to make some
more prosperous person give him a thousand dollars
under threat of being exposed as an enemy of society.
The charge was so absurd as to be almost ludicrous,
but had my client caused the blackmailer’s arrest
the matter would have been the subject of endless
newspaper notoriety and comment. It was therefore
thought wise to make use of other means, and I procured
the assistance of a young German-American
of my acquaintance, who, in the guise of a vaudeville
artist seeking a job, went to the blackmailer’s boarding-house
and pretended to be looking for an actor
friend with a name not unlike that of the criminal.
After two or three visits he managed to scrape
an acquaintance with the blackmailer and thereafter
spent much time with him. Both were out of work,
both were Germans, and both liked beer. My friend
had just enough money to satisfy this latter craving.
In a month or so they were intimate friends and used
to go fishing together down the bay. At last, after
many months, the criminal disclosed to the detective
his plan of blackmailing my client, and suggested
that as two heads were better than one they had
better make it a joint venture. The detective pretended
to balk at the idea at first, but was finally
persuaded, and at the other’s request undertook the
delivery of the blackmailing letters to my client!
Inside of three weeks he had in his possession enough
evidence in the criminal’s own handwriting to send
him to prison for the rest of his life. When at last
the detective disclosed his identity the blackmailer
at first refused to believe him, and then literally
rolled on the floor in his agony and fear at discovering
how he had been hoodwinked. The next day he disappeared
and has not been heard of since, but his
letters are in my vault, ready to be used if he again
puts in an appearance.
The records of the police and of the private agencies
contain many instances where murderers have
confessed their guilt long after the crime to supposed
friends, who were in reality decoys placed there for
that very purpose. It is a peculiarity of criminals
that they cannot keep their secrets locked in their
own breasts. The impulse to confession is universal,
particularly in women. Egotism has some part in
this, but the chief element is the desire for companionship.
Criminals have a horror of dying under an
alias. The dignity of identity appeals even to the
tramp. This impulse leads oftentimes to the most
unnecessary and suicidal disclosures. The murderer
who has planned and executed a diabolical homicide
and who has retired to obscurity and safety will very
likely in course of time make a clean breast of it to
some one whom he believes to be his friend. He
wants to “get it off his chest,” to talk it over, to discuss
its fine points, to boast of how clever he was, to
ask for unnecessary advice about his conduct in the
future, to have at least one other person in the world
who has seen his soul’s nakedness.
The interesting feature of such confessions from
a legal point of view is that, no matter how circumstantial
they may be, they are not usually of themselves
sufficient under our law to warrant a conviction.
The admission or confession of a defendant
needs legal corroboration. This corroboration is
often very difficult to find, and frequently cannot be
secured at all. This provision of the statutes is
doubtless a wise one to prevent hysterical, suicidal,
egotistical, and semi-insane persons from meeting
death in the electric chair or on the gallows, but it
often results in the guilty going unpunished. Personally,
I have never known a criminal to confess
a crime of which he was innocent. The nearest thing
to it in my experience is when one criminal, jointly
guilty with another and sure of conviction, has drawn
lots with his pal, lost, confessed, and in the confession
exculpated his companion.
In the police organization of almost every large
city there are a few men who are genuinely gifted
for the work of detection. Such an one was Petrosino,
a great detective, and an honest, unselfish, and heroic
man, who united indefatigable patience and industry
with reasoning powers of a high order. The most
thrilling evening of my life was when my wife and
I listened before a crackling fire in my library to
Joe’s story of the Van Cortlandt Park murder, the
night before I was going to prosecute the case. Sitting
stiffly in an arm-chair, his great, ugly moon-face
expressionless save for an occasional flash from his
black eyes, Petrosino recounted slowly and accurately
how, by means of a single slip of paper bearing
the penciled name “Sabbatto Gizzi, P. O. Box
239, Lambertville, N. J.,” he had run down the unknown
murderer of an unknown Italian stabbed to
death in the park’s shrubbery. The paper contained
neither the name of the criminal nor his victim,
but by means of this slender clue he had gone to
Lambertville and found an Italian who had identified
the deceased as a man who had left Lambertville
for New York in the company of another Italian
named Strollo. Petrosino interviewed Strollo, who
admitted the trip but denied any knowledge of his
companion’s death. He had, he said, turned him
over to his brother, for whom Strollo had been
searching.
In Strollo’s pocket Petrosino found a letter to the
brother from Tony Torsielli, the murdered man. It
was in Strollo’s own handwriting and enclosed in an
envelope addressed to Torsielli himself at Lambertville.
This envelope bore a red two-cent stamp. On
the basis of this letter, aided by Strollo’s contradictory
statements, Petrosino reconstructed the murder
and demonstrated that there was no brother, that
Strollo had invented him for the purpose of luring
Torsielli to New York, and that he had acted as
amanuensis for Torsielli and carried on the correspondence
for both. The envelope addressed in
Strollo’s handwriting to Torsielli at Lambertville was
the key to the whole mystery. There was no reason
why Strollo should be writing to his own friend whom
he saw daily and who lived beside him in the same
town. Neither, argued Petrosino, would there be
any reason for putting on a two-cent stamp in a place
so small as to have no mail delivery. Ergo, the envelope
must have been intended to create the impression
that it had been mailed from some other place, by
another person—from whom but the fictitious
brother? Bit by bit Petrosino built up a case entirely
out of circumstantial evidence that demonstrated
Strollo’s guilt to a mathematical certainty.
So vivid was Petrosino’s account of his labors that
in opening the case next day to the jury I had but to
repeat the story I had heard the night before. Strollo
was convicted after a week’s trial before Judge O’Gorman
in the Criminal Term of the Supreme Court
and paid the penalty of his treachery in the electric
chair. For him I felt not one pang of pity or remorse.
But during the preparation for the case the function
of the detective as a decoy was demonstrated in
a most effective manner. Strollo was confined in the
House of Detention and a detective from head-quarters
was introduced there as an ostensible prisoner, under
the name of Silvio. Strollo and he became great
friends, and when the former was removed to the
Tombs the murderer wrote elaborately to the detective,
requesting him to testify as a witness at the trial
on his behalf and instructing him what to say in order
to establish an alibi. Those letters were the last nails
in Strollo’s coffin. After his conviction they were
stolen by somebody and could not be included in the
case on appeal, for which reason the court had some
doubt as to whether the conviction should be affirmed.
Before the Court of Appeals rendered its decision,
however, I found, while cleaning out my safe, photographs
of the letters which I had had taken as a precautionary
measure, but the existence of which I
had forgotten. I now have every important document
that comes into my hands as evidence photographed
as a matter of course.
Petrosino’s physical characteristics were so pronounced
that he was probably as widely, if not more
widely, known than any other Italian in New York.
He was short and heavy, with enormous shoulders
and a bull neck, on which was placed a great round
head like a summer squash. His face was pock-marked,
and he talked with a deliberation that was
due to his desire for accuracy, but which at times
might have been suspected to arise from some other
cause. He rarely smiled and went methodically
about his business, which was to drive the Italian
criminals out of the city and country. Of course,
being a marked man in more senses than one, it was
practically impossible to disguise himself, and, accordingly,
he had to rely upon his own investigations
and detective powers, supplemented by the efforts
of the trained men in the Italian branch, many of
whom are detectives of a high order of ability. If
the life of Petrosino were to be written, it would be
a book unique in the history of criminology and crime,
for this man was probably the only great detective
of the world to find his career in a foreign country
amid criminals of his own race.
I have instanced Petrosino as an example of a
police detective of a very unusual type, but I have
known several other men on the New York Police
Force of real genius in their own particular lines of
work. One of these is an Irishman who makes a specialty
of get-rich-quick men, oil and mining stock
operators, wire-tappers and their kin, and who
knows the antecedents and history of most of them
better than any other man in the country. He is
ready to take the part of either a “sucker” or a fellow
crook, as the exigencies of the case may demand.
And then there was old Tom Byrnes, of whom
everybody knows. There are detectives—real ones—on
the police force of all the great cities of the world
to-day, most of them specialists, a few of them
geniuses capable of undertaking the ferreting out of
any sort of mystery, but the last are rare. The police
detective usually lacks the training, education, and
social experience to make him effective in dealing
with the class of élite criminals who make high society
their field. Yet, of course, it is this class of crooks
who most excite our interest and who fill the pages
of popular detective fiction.
The head-quarters man has no time nor inclination
to follow the sporting duchess and the fictitious earl
who accompanies her in their picturesque wanderings
around the world. He is busy inside the confines
of his own country. Parents or children may disappear,
but the mere seeking of oblivion on their
part is no crime and does not concern him except by
special dispensation on the part of his superiors.
Divorced couples may steal their own children back
and forward, royalties may inadvertently involve
themselves with undesirables, governmental information
exude from State portals in a peculiar manner,
business secrets pass into the hands of rivals, race-horses
develop strange and untimely diseases, husbands
take long and mysterious trips from home—a
thousand exciting and worrying things may happen
to the astonishment, distress, or intense interest of
nations, governments, political parties, or private individuals,
which from their very nature are outside
the purview of the regular police. Here, then, is the
field of the secret agent or private detective, and here,
forsooth, is where the detective of genuine deductive
powers and the polished address of the so-called
“man of the world” is required.
There are two classes of cases where a private detective
must needs be used, if indeed any professional
assistance is to be called in: first, where the person
whose identity is sought to be discovered or whose
activities are sought to be terminated is not a criminal
or has committed no crime, and second, where,
though a crime has been committed, the injured
parties cannot afford to undertake a public prosecution.
For example, if you are receiving anonymous letters,
the writer of which accuses you of all sorts of
unpleasant things, you would, of course, much prefer
to find out who it is and stop him quietly than
to turn over the correspondence to the police and
let the writer’s attorneys publicly cross-examine you
at his trial as to your past career. Even if a diamond
necklace is stolen from a family living on Fifth
Avenue, there is more than an even chance that the
owner will prefer to conceal her loss rather than to
have her picture in the morning paper. Yet she will
wish to find the necklace if she can.
When the matter has no criminal side at all, the
police cannot be availed of, although we sometimes
read that the officers of the local precinct have spent
many hours in trying to locate Mrs. So-and-So’s
lost Pomeranian, or in performing other functions
of an essentially private nature—most generously.
But if, for example, your daughter is made the recipient,
almost daily, of anonymous gifts of jewelry
which arrive by mail, express, or messenger, and you
are anxious to discover the identity of her admirer
and return them, you will probably wish to engage
outside assistance.
Where will you seek it? You can do one of two
things: go to a big agency and secure the services of
the right man, or engage such a man outside who may
or may not be a professional detective. I have frequently
utilized with success in peculiar and difficult
cases the services of men whom I knew to be common-sense
persons, with a natural taste for ferreting out
mysteries, but who were not detectives at all. Your
head book-keeper may have real talents in this direction—if
he is not above using them. Naturally, the
first essential is brains—and if you can give the time
to the matter, your own head will probably be the
best one for your purposes. If, then, you are willing
to undertake the job yourself, all you need is some
person or persons to carry out your instructions, and
such are by no means difficult to find. I have had
many a case run down by my own office force—clerks,
lawyers, and stenographers, all taking a turn at it.
Why not? Is the professional sleuth working on a
fixed salary for a regular agency and doing a dozen
different jobs each month as likely to bring to bear
upon your own private problem as much intelligence
as you yourself?
There is no mystery about such work, except what
the detective himself sees fit to enshroud it with.
Most of us do detective work all the time without
being conscious of it. Simply because the matter
concerns the theft of a pearl, or the betraying of a
business or professional secret, or the disappearance
of a friend, the opinion of a stranger becomes no
more valuable. And the chances are equal that the
stranger will make a bungle of it.
Many of the best available detectives are men who
work by themselves without any permanent staff,
and who have their own regular clients, generally
law firms and corporations. Almost any attorney
knows several such, and the chief advantage of employing
one of them lies in the fact that you can
learn just what their abilities are by personal experience.
They usually command a high rate of remuneration,
but deductive ability and resourcefulness
are so rare that they are at a premium and can
only be secured by paying it. These men are able,
if necessary, to assume the character of a doctor,
traveller, man-about-town, or business agent without
wearing in their lapels a sign that they are detectives,
and they will reason ahead of the other fellow
and can sometimes calculate pretty closely what
he will do. Twenty-five dollars a day will generally
hire the best of them, and they are well worth it.
The detective business swarms with men of doubtful
honesty and morals, who are under a constant
temptation to charge for services not rendered and
expenses not incurred, who are accustomed to exaggeration
if not to perjury, and who have neither
the inclination nor the ability to do competent work.
Once they get their clutches on a wealthy client,
they resemble the shyster lawyer in their efforts to
bleed him by stimulating his fears of publicity and
by holding out false hopes of success, and thus prolonging
their period of service. An unscrupulous detective
will, almost as a matter of course, work on
two jobs at once and charge all his time to each client.
He will constantly report progress when nothing has
been accomplished, and his expenses will fill pages
of his notebook. Meantime his daily reports will
fall like a shower of autumn leaves. In no profession
is it more essential to know the man who is
working for you. If you need a detective, get the
best you can find, put a limit on the expense, and
give him your absolute confidence.
In the preceding chapter the writer discussed at
some length the real, as distinguished from the
fancied, attributes of detectives in general, and the
weaknesses as well as the virtues of the so-called detective
“agency.” There are in the city of New York
at the present time about one hundred and fifty
licensed detectives. Under the detective license laws
each of these has been required to file with the State
comptroller written evidences of his good character,
competency, and integrity, approved by five reputable
freeholders of his county, and to give bond in the
sum of two thousand dollars. He also has to pay a
license fee of one hundred dollars per annum, but this
enables him to employ as many “operators” as he
chooses. In other words, the head of the agency
may be a high-class man and his agents wholly
undesirable citizens. How often this is the case is
known to none better than the heads themselves.
The strength and efficiency of a detective agency
does not lie in the name at the top of its letter-paper,
but in the unknown personnel of the men who are
doing or shirking the work. I believe that most of
the principals of the many agencies throughout the
United States are animated by a serious desire to
give their clients a full return for their money and
loyal and honest service. But the best intentions
in the world cannot make up for the lack of untiring
vigilance in supervising the men who are being employed
in the client’s service.
It is right here that the “national” has an immense
advantage over the small agency which cannot
afford to keep a large staff of men constantly on
hand, but is forced to engage them temporarily as
they may be needed. The “national” agency can
shift its employees from place to place as their services
are required, and the advantages of centralization
are felt as much in this sort of work as in any
other industry. The licensed detective who sends
out a hurry call for assistants is apt to be able to
get only men whom he would otherwise not employ.
In this chapter, the word “national,” as applied to
a detective agency, refers not to the title under
which such an agency may do its business, but to
the fact that it is organized and equipped to render
services all over the country.
In this connection it is worth noticing that the
best detective agencies train their own operators,
selecting them from picked material. The candidate
must as a rule be between twenty and thirty-five
years of age, sound of body, and reasonably intelligent.
He gets pretty good wages from the start.
From the comparatively easy work of watching or
“locating,” he is advanced through the more difficult
varieties of “shadowing” and “trailing,” until
eventually he may develop into a first-class man
who will be set to unravel a murder mystery or to
“rope” a professional criminal. But with years of
training the best material makes few real detectives,
and the real detective remains in fact the man who sits
at the mahogany desk in the central office and presses
the row of mother of pearl buttons in front of him.
If you know the heads or superintendents of the
large agencies you will find that the “star” cases, of
which they like to talk, are, for the most part, the
pursuit and capture of forgers and murderers. The
former, as a rule, are “spotted” and “trailed” to
their haunts, and when sufficient evidence has been
obtained the police are notified, and a raid takes
place, or the arrest is made, by the State authorities.
In the case of a murderer, in a majority of cases, his
capture is the result of skilful “roping” by an astute
detective who manages to get into his confidence.
For example, a murder is committed by an Italian
miner. Let us suppose he has killed his “boss,” or
even the superintendent or owner. He disappears.
As the reader knows, the Italians are so secretive
that it is next to impossible to secure any information—even
from the relatives of a murdered man.
The first thing is to locate the assassin. An Italian
detective is sent into the mine as a laborer. Months
may elapse before he gets on familiar or intimate
terms with his fellows. All the time he is listening
and watching. Presently he hears something that
indicates that the murderer is communicating with
one of his old friends either directly or through third
parties. It is then generally only a question of time
before his whereabouts are ascertained. Once he is
“located” the same method is followed in securing
additional evidence or material in the nature of a
confession or admission tending to establish guilt.
Having previously “roped” the murderer’s friends,
the detective now proceeds to the more difficult task
of “roping” the murderer himself. Of course, the
life of a detective in a Pennsylvania coal mine would
be valueless if his identity were discovered, and yet
the most daring pieces of detective work are constantly
being performed under these and similar
conditions. Where the criminal is not known, the
task becomes far more difficult and at times exceedingly
dangerous.
One of my own friends, an Italian gentleman,
spent several months in the different mines of this
country, where Italians are largely employed, investigating
conditions and ascertaining for the benefit
of his government the extent to which anarchy
was prevalent. It was necessary for him to secure
work as a miner at the lowest wages and to disguise
himself in such a way that it would be impossible for
anybody to detect his true character. Fortunately,
the great diversity of Italian dialects facilitated his
efforts and enabled him to pass himself off as from
another part of the country than his comrades. Having
made his preparations he came to New York as
an immigrant and joined a party of newly arrived
Italians on their way to the coal mines of West Virginia.
Without following him further, it is enough
to say that during his service in the mines he overheard
much that was calculated to interest exceedingly
the authorities at Rome. Had his disguise been
penetrated the quick thrust of a five-inch blade would
have ended his career. He would never have returned
to New York. There would only have been another
dead “Dago” miner. The local coroner would have
driven up in his buggy, looked at the body, examined
the clean, deep wound in the abdomen, shrugged his
shoulders, and empanelled a heterogeneous jury who
would have returned a verdict to the effect that “deceased
came to his death through a stab wound inflicted
by some person to the jury unknown.” My
friend was not a professional detective, but the recital
of his experiences was enough to fill me with
new respect for those engaged in the “man hunt”
business among the half civilized miners of the coal
regions.
But the work of even the “national” agencies is
not of the kind which the novel-reading public generally
associates with detectives—that is to say, it
rarely deals with the unravelling of “mysteries,”
except the identity of passers of fraudulent paper
and occasional murderers. The protection of the
banks is naturally the most important work that
such an agency can perform.
The National Bankers’ Association consists of
eleven thousand members. “Pinkerton’s Bank and
Bankers’ Protection” has a large organization of
subscribers. These devote themselves to identifying
and running down all criminals whose activities
are dangerous to them. Here the agency and the
police work hand in hand, exchanging photographs
of crooks and suspects and keeping closely informed
as to each other’s doings. Yet there is no official
connection between any detective agency and the
police of any city. It is an almost universal rule that
a private detective shall not make an arrest. The
reasons for this are manifold. In the first place, the
private detective has neither the general authority
nor the facilities for the manual detention of a criminal.
A blue coat and brass buttons, to say nothing
of a night stick, are often invaluable stage properties
in the last act of the melodrama. And as the criminal
authorities are eventually to deal with the defendant
anyway, it is just as well if they come into the case
as soon as may be. It goes without saying, of course,
that a detective per se has no more right to make an
arrest than any private citizen—nor has a policeman,
for that matter, save in exceptional cases. The
officer is valuable for his dignity, avoirdupois, “bracelets,”
and other accessories. The police thus get the
credit of many arrests in difficult cases where all the
work has been done by private detectives, and it is
good business for the latter to keep mum about it.
One of the chief assets of the big agency is its accumulated
information concerning all sorts of professional
criminals. Its galleries are quite as complete
as those of the local head-quarters, for a constant
exchange of art objects is going on with the
police throughout the world. And as the agency is
protecting banks all over the United States it has
greater interest in all bank burglars as a class than
the police of any particular city who are only concerned
with the burglars who (as one might say)
burgle in their particular burg. Thus, you are more
likely to find a detective from a national agency following
a forger to Australasia or Polynesia than you
are a sleuth from 300 Mulberry Street, New York.
The best agencies absolutely decline to touch divorce
and matrimonial cases of any sort. It does
not do a detective agency any good to have its men
constantly upon the witness stand subject to attack,
with a consequent possible reflection upon their
probity of character and truthfulness. Moreover, a
good detective is too valuable a person to be wasting
his time in the court-room. In the ordinary divorce
case the detective, having procured his evidence, is
obliged to remain on tap and subject to call as a witness
for at least three or four months, during which
time he cannot be sent away on distant work.
Neither can the customer be charged ordinarily for
waiting time, and apart from its malodorous character
the business is not desirable from a financial
point of view.
The national agencies prefer clean criminal work,
murder cases, and general investigating. They no
longer undertake any policing, strike-breaking, or
guarding. The most ridiculous misinformation in
regard to their participation in this sort of work has
been spread broadcast largely by jealous enemies
and by the labor unions.
By way of illustration, one Thomas Beet, describing
himself as an English detective, contributed an
article to the New York Tribune of September 16,
1906, in which he said:
“In one of the greatest of our strikes, that involving
the steel industry, over two thousand armed detectives
were employed supposedly to protect property,
while several hundred more were scattered in
the ranks of strikers as workmen. Many of the latter
became officers in the labor bodies, helped to make
laws for the organizations, made incendiary speeches,
cast their votes for the most radical movements
made by the strikers, participated in and led bodies
of the members in the acts of lawlessness that eventually
caused the sending of State troops and the
declaration of martial law. While doing this, these
spies within the ranks were making daily reports of
the plans and purposes of the strikers. To my
knowledge, when lawlessness was at its height and
murder ran riot, these men wore little patches of
white on the lapels of their coats so that their fellow
detectives of the two thousand would not shoot them
down by mistake.”
He, of course, referred to the great strike at Homestead,
Pennsylvania, in 1892. In point of fact, there
were only six private detectives engaged on the side
of the employers at that time, and these were there
to assist the local authorities in taking charge of six
hundred and fifty watchmen, and to help place the
latter upon the property of the steel company. These
watchmen were under the direction of the sheriff and
sworn in as peace officers of the county. Mr. Beet
seems to have confused his history and mixed up the
white handkerchief of the Huguenots of Nantes with
the strike-breakers of Pennsylvania. It is needless
to repeat (as Mr. Robert A. Pinkerton stated at the
time) that the white label story is ridiculously untrue,
and that it was the strikers who attacked the
watchmen, and not the watchmen the strikers. One
striker and one watchman were killed.
But this attack of Mr. Beet upon his own profession,
under the guise of being an English detective
(it developed that he was an ex-divorce detective
from New York City), was not confined to his remarks
about inciting wanton murder. On the contrary,
he alleged (as one having authority and not
merely as a scribe) that American detective agencies
were practically nothing but blackmailing concerns,
which used the information secured in a professional
capacity to extort money from their own clients.
“Think of the so-called detective,” says Mr. Beet,
“whose agency pays him two dollars or two dollars
and fifty cents a day, being engaged upon confidential
work and in the possession of secrets that he
knows are worth money! Is it any wonder that so
many cases are sold out by employees, even when the
agencies are honest?”
We are constrained to answer that it is no more
wonderful than that any person earning the same
sum should remain honest when he might so easily
turn thief. As the writer has himself pointed out in
these pages, there are hundreds of so-called detective
agencies which are but traps for the guileless citizen
who calls upon them for aid. But there are many
which are as honestly conducted as any other variety
of legitimate business. I do not know Mr. Beet’s
personal experience, but it appears to have been unfortunate.
At any rate, his diatribe is unfounded
and false, and the worst feature of it is his assertion
that detective agencies make a business of manufacturing
cases when there happen to be none on
hand.
“Soon,” says he, “there were not enough cases to
go around, and then with the aid of spies and informers
the unscrupulous detectives began to make cases.
Agencies began to work up evidence against persons
and then resorted to blackmail, or else approached
those to whom the information might be valuable, and
by careful manœuvring had themselves retained to
unravel the case. This brought into existence hordes
of professional informers who secured the opening
wedges for the fake agencies. Men and women, many
of them of some social standing, made it a practice
to pry around for secrets which might be valuable;
spies kept up their work in large business establishments
and began to haunt the cafés and resorts of
doubtful reputation, on the watch for persons of
wealth and prominence who might be foolish enough
to place themselves in compromising circumstances.
Even the servants in wealthy families soon learned
that certain secrets of the master and mistress could
be turned to profitable account. We shudder when
we hear of the system of espionage maintained in
Russia, while in the large American cities, unnoticed,
are organizations of spies and informers on every
hand who spend their lives digging pitfalls for the
unwary who can afford to pay.”
One would think that we were living in the days
of the Borgias! “Ninety per cent,” says Mr. Beet,
“of private detective agencies are rotten to the core
and simply exist and thrive upon a foundation of
dishonesty, deceit, conspiracy, and treachery to the
public in general and their own patrons in particular.
There are detectives at the heads of prominent agencies
in this country whose pictures adorn the Rogues’
Gallery; men who have served time in various prisons
for almost every crime on the calendar.”
This harrowing picture has the modicum of truth
that makes it insidiously dangerous. But this last
extravagance betrays the denunciator. One would
be interested to have this past-master of overstatement
mention the names of these distinguished crooks
that head the prominent agencies. Their exposure, if
true, would not be libellous, and it would seem that
he had performed but half his duty to the public in
refraining from giving this important, if not vital,
information.
I know several of these gentlemen whose pictures
I feel confident do not appear in and (much less) do
not adorn the Rogues’ Gallery, and who have not
been, as yet, convicted of crime. A client is as safe
in the hands of a good detective agency as he is in
the hands of a good lawyer; he should know his
agency, that is all—just as he should know his lawyer.
The men at the head of the big agencies generally
take the same pride in their work as the members of
any learned profession. They know that a first-class
reputation for honesty is essential to their financial
success and that good will is their stock in trade.
Take this away and they would have nothing.
In 1878 the founder of one of the most famous of
our national agencies promulgated in printed form
for the benefit of his employees what he called his
general principles. One of these was the following:
“This agency only offers its services at a stated
per diem for each detective employed on an operation,
giving no guarantee of success, except in the
reputation for reliability and efficiency; and any
person in its service who shall, under any circumstances,
permit himself or herself to receive a gift,
reward, or bribe shall be instantly dismissed from
the service.”
Another:
“The profession of the detective is a high and honorable
calling. Few professions excel it. He is an
officer of justice, and must himself be pure and above
reproach.”
Again:
“It is an evidence of the unfitness of the detective
for his profession when he is compelled to resort to
the use of intoxicating liquors; and, indeed, the
strongest kind of evidence, if he continually resorts
to this evil practice. The detective must not do anything
to farther sink the criminal in vice or debauchery,
but, on the contrary, must seek to win his confidence
by endeavoring to elevate him, etc.”
“Kindness and justice should go hand in hand,
whenever it is possible, in the dealings of the detective
with the criminal. There is no human being so
degraded but there is some little bright spark of conscience
and of right still existing in him.”
Last:
“The detective must, in every instance, report
everything which is favorable to the suspected party,
as well as everything which may be against him.”
The man who penned these principles had had the
safety of Abraham Lincoln in his keeping; and these
simple statements of his faith are the best refutation
of the baseless assertions above referred to.
It may be that in those days the detection of crime
was a bit more elementary than at the present time.
One can hardly picture a modern sleuth delaying
long in an attempt to evangelize his quarry, but these
general principles are the right stuff and shine like
good deeds in a naughty world.
As one peruses this little pink pamphlet he is
constantly struck by the repeated references to the
detective as an actor. That was undoubtedly the
ancient concept of a sleuth. “He must possess,
also, the player’s faculty of assuming any character
that his case may require, and of acting it out
to the life with an ease and naturalness which shall
not be questioned.” This somewhat large order is,
to our relief, qualified a little later on. “It is not to
be expected, however,” the author admits, “that
every detective shall possess these rare qualifications,
although the more talented and versatile he is,
the higher will be the sphere of operation which he
will command.”
The modern detective agency is conducted on
business principles and does not look for histrionic
talent or general versatility. As one of the heads of
a prominent agency said to me the other day:
“When we want a detective to take the part of
a plumber we get a plumber, and when we need one to
act as a boiler-maker we go out and get a real one—if
we haven’t one on our pay-rolls.”
“But,” I replied, “when you need a man to go into
a private family and pretend to be an English clergyman,
or a French viscount, or a brilliant man of the
world—who do you send?”
The “head” smiled.
“The case hasn’t arisen yet,” said he. “When it
does I guess we’ll get the real thing.”
The national detective agency, with its thousands
of employees who have, most of them, grown up and
received their training in its service, is a powerful
organization, highly centralized, and having an immense
sinking fund of special knowledge and past
experience. This is the product of decades of patient
labor and minute record. The agency which offers
you the services of a Sherlock Holmes is a fraud, but
you can accept as genuine a proposition to run down
any man whose picture you may be able to identify
in the gallery. The day of the impersonator is over.
The detective of this generation is a hard-headed
business man with a stout pair of legs.
This accumulated fund of information is the heritage
of an honest and long established industry. It
is seventy-five per cent of its capital. It is entirely
beyond the reach of the mushroom agency, which in
consequence has to accept less desirable retainers involving
no such requirements, or go to the wall. The
collection of photographs is almost priceless and
the clippings, letters, and memoranda in the filing
cases only secondarily so. Very few of the “operators”
pretend to anything but common-sense with,
perhaps, some special knowledge of the men they
are after. They are not clairvoyants or mystery
men, but they will tirelessly follow a crook until they
get him. They are the regular troops who take their
orders without question. The real “detective” is
the “boss” who directs them.
The reader can easily see that in all cases where a
crime, such as forgery, is concerned, once the identity
of the criminal is ascertained, half the work (or more
than half) is done. The agencies know the face and
record of practically every man who ever flew a bit
of bad paper in the United States, in England, or on
the Continent. If an old hand gets out of prison his
movements are watched until it is obvious that he
does not intend to resort to his old tricks. After
the criminal is known or “located,” the “trailing”
begins and his “connections” are carefully studied.
This may or may not require what might be called
real detective work; that is to say, work requiring a
superior power of deducing conclusions from first-hand
information, coupled with unusual skill in acting
upon them. Mere trailing is often simple, yet
sometimes very difficult. A great deal depends on
the operator’s own peculiar information as to his
man’s habits, haunts, and associates. It is very hard
to say in most cases just where mere knowledge ends
and detective work proper begins. As for disguises,
they are almost unknown, except such as are necessary
to enable an operator to join a gang where his
quarry may be working and “rope” him into a confession.
Detective agencies of the first-class are engaged
principally in clean-cut criminal work, such as guarding
banks from forgers and “yeggmen”—an original
and dangerous variety of burglar peculiar to the
United States and Canada. In other words, they
have large associations for clients who need more protection
than the regular police can give them, and
whose interest it is that the criminal shall not only
be driven out of town, but run down (wherever he
may be), captured, and put out of the way for as
long a time as possible.
The work done for private individuals is no less
important and effective, but it is secondary to the
other. The great value of the “agency” to the victim
of a theft is the speed with which it can disseminate
its information—something quite impossible so
far as the individual citizen is concerned. Let me
give an illustration or two.
Between 10.30 P. M. Saturday, February 25, 1911,
and 9.30 A. M. Sunday, February 26, 1911, one hundred
and thirty thousand dollars worth of pearls belonging
to Mrs. Maldwin Drummond were stolen
from a stateroom on the steamship Amerika of the
Hamburg-American line. The London underwriters
cabled five thousand dollars reward and retained to
investigate the case a well-known American agency,
which before the Amerika had reached Plymouth
on her return trip had their notifications in the
hands of all the jewelers and police officials of Europe
and the United States, and had covered every avenue
of disposal in North and South America. In addition,
this agency investigated every human being
on the Amerika from first cabin to forecastle.
Within a year or so an aged stock-broker, named
Bancroft, was robbed on the street of one hundred
thousand dollars in securities. Inside of fifty-five
minutes after he had reported his loss a detective
agency had notified all banks, brokers, and the police
in fifty-six cities of the United States and Canada.
The telephone is the modern detective’s chief ally,
and he relies upon rapidity more than upon deduction.
Under present conditions it is easier to overtake
a crook than to reason out what he will probably
do. In fact, the old-fashioned “deductive detective”
is largely a man of the past. The most useless
operator in the world is the one who is “wedded to
his own theory” of the case—the man who asks no
questions and relies only on himself. Interject a
new element into a case and such a man is all at sea.
In the meantime the criminal has made his “get
away.”
In the story books your detective scans with eagle
eye the surface of the floor for microscopic evidences
of crime. His mind leaps from a cigar ash to
a piece of banana peel and thence to what the family
had for dinner. His brain is working all the time.
His gray matter dwarfs almost to insignificance that
of Daniel Webster or the Hon. Benjamin F. Butler.
It is, of course, all quite wonderful and most excellent
reading, and the old-style sleuth really
thought he could do it! Nowadays, while the fake
detective is snooping around the back piazza with
a telescope, the real one is getting the “dope” from
the village blacksmith or barber (if there is any except
on Saturday nights) or the girl that slings the
pie at the station. These folk have something to go
on. They may not be highly intelligent, but they
know the country, and, what is more important, they
know the people. All the brains in the world cannot
make up for the lack of an elementary knowledge of
the place and the characters themselves. It stands
to reason that no strange detective could form as
good an opinion as to which of the members of your
household would be most likely to steal a piece of
jewelry as you could yourself. Yet the old-fashioned
Sherlock knew and knows it all.
One of the best illustrations of the practical necessity
of some first-hand knowledge is that afforded
by the recovery of a diamond necklace belonging
to the wife of a gentleman in a Connecticut town.
The facts that are given here are absolutely accurate.
The gentleman in question was a retired business
man of some means who lived not far from the town
and who made frequent visits to New York City.
He had made his wife a present of a fifteen thousand-dollar
diamond necklace, which she kept in a box
in a locked trunk in her bedroom. While she hadowned the necklace for over a year she had never worn
it. One evening having guests for dinner on the
occasion of her wedding anniversary she decided to
put it on and wear it for the first time. That night
she replaced it in its box and enclosed this in another
box, which she locked and placed in her bureau
drawer. This she also locked. The following night
she decided to replace the necklace in the trunk.
She accordingly unlocked the bureau drawer, and also
the larger box, which apparently was in exactly the
same condition as when she had put it away. But
the inner box was empty and the necklace had absolutely
disappeared. Now, no one had seen the necklace
for a year, and then only her husband, their servants,
and two or three old friends. No outsider
could have known of its existence. There was no
evidence of the house or bureau having been disturbed.
A New York detective agency was at once retained,
which sent one of its best men to the scene of the
crime. He examined the servants, heard the story,
and reported that it must have been an inside job—that
there was no possibility of anything else. But
there was nothing to implicate any one of the servants,
and there seemed no hope of getting the necklace
back. Two or three days later the husband
turned up at the agency’s office in New York, and
after beating about the bush for a while, remarked:
“I want to tell you something. You have got this
job wrong. There’s one fact your man didn’t understand.
The truth is that I’m a pretty easy going sort
of a feller, and every six months or so I take all the
men and girls employed around my house down to
Coney Island and give ’em a rip-roaring time. I
make ’em my friends, and I dance with the girls and
I jolly up the men, and we are all good pals together.
Sort of unconventional, maybe, but it pays. I know—see?—that
there ain’t a single one of those people
who would do me a mean trick. Not one of ’em
but would lend me all the money he had. I don’t
care what your operator says, the person who took
that necklace came from outside. You take that
from me.”
The superintendent, who is wise in his generation,
scratched his chin.
“Is that dead on the level?” he inquired.
“Gospel!” answered the other.
“I’ll come up myself!” said the boss.
Next day the boss behind a broken-winded
horse, in a dilapidated buggy, drove from another
town to the place where his client lived. At the
smithy on the cross-roads he stopped and borrowed
a match. The smith, glad of an excuse to leave the
heat of the forge, came out and got the loan of a chew
from the boss.
“Anybody have any good hosses in this town?”
asked the detective.
“Betcher life!” answered the smith. “Mr. —— up
on the bill has the best in the county!”
“What sort of a feller is he?”
The smith chewed in silence for a moment.
“Don’t know him myself, but I tell you what, his
help says he’s the best employer they ever had—and
they stay there forever!”
The boss drove on to the house, which he observed
was situated at about an equal distance from three
different railway stations and surrounded by a piazza
with pillars. He walked around it, examining the
vines until his eye caught a torn creeper and a white
scratch on the paint. It had been an outside job
after all, and two weeks had already been lost. Deduction
was responsible for a mistake which would not
have occurred had a little knowledge been acquired
first. That is the lesson of this story.
The denouement, which has no lesson at all, is
interesting. The superintendent saw no prospect of
getting back the necklace, but before so informing
the client, decided to cogitate on the matter for a
day or two. During that time he met by accident
a friend who made a hobby of studying yeggmen
and criminals and occasionally doing a bit of the
amateur tramp act himself.
“By the way,” said the friend, “do you ever hear
of any ‘touches’ up the river or along the Sound?”
“Sometimes,” answered the boss, pricking up his
ears. “Why do you ask?”
“Why, the other night,” replied the friend, “I
happened to be meeting my wife up at the Grand
Central about six o’clock and I saw two yeggs that
I knew taking a train out. I thought it was sort of
funny. Pittsburgh Ike and Denver Red.”
“When was it?”
“Two weeks ago,” said the friend.
“Thanks,” returned the boss. “You must excuse
me now; I’ve got an important engagement.”
Three hours later Pittsburgh Ike and Denver Red
were in a cell at head-quarters. At six o’clock that
evening the necklace had been returned. This was a
coincidence that might not occur in a hundred years,
but had the deductive detective determined the question
he would still be pondering on the comparative
probability of whether the cook, the chore man, or
the hired girl was the guilty party.
A clean bit of detection on the part of an agency,
and quite in the day’s work, was the comparatively
recent capture of a thief who secured three hundred
and sixty thousand dollars worth of securities from
a famous banking institution in New York City by
means of a very simple device. A firm of stock
brokers had borrowed from this bank about two
hundred and fifty thousand dollars for a day or two
and put up the securities as collateral. In the ordinary
course of business, when the borrower has no
further use for the money, he sends up a certified
check for the amount of the loan with interest, and
the bank turns over the securities to the messenger.
In this particular case a messenger arrived with a
certified check, shoved it into the cage, and took away
what was pushed out to him in return—three hundred
and sixty thousand dollars in bonds. The certification
turned out to be a forgery and the securities
vanished. I do not know whether the police were
consulted or not. Sometimes in such cases the banks
prefer to resort to more private methods and, perhaps,
save the necessity of making a public admission
of their stupidity. When my friend, the superintendent,
was called in, the officers of the bank were
making the wildest sort of guesses as to the identity
of the master mind and hand which had deceived
the cashier. He must, they felt sure, have made the
forgery with a camel’s hair brush of unrivalled fineness.
“A great artist!” said the president.
“The most skilful forger in the world!” opined
another.
“We must run down all the celebrated criminals!”
announced a third.
“Great artist—nothing!” remarked the boss,
rubbing his thumb over the certification which
blurred at the touch. “He’s no painter! Why, that’s
a rubber stamp!”
What a shock for those dignified gentlemen! To
think that their cashier had been deceived by a mere,
plebeian, common or garden thing of rubber!
“Good-day, gents!” said the boss, putting the
check in his wallet. “I’ve got to get busy with the
rubber stamp makers!”
He returned to his office and detailed a dozen men
to work on the East Side and a dozen on the
West Side, with orders to search out every man in
New York who manufactured rubber stamps. Before
the end of the afternoon the maker was found
on the Bowery, near Houston Street. This was his
story: A couple of weeks before, a young man had
come in and ordered a certification stamp, drawing
at the time a rough design of what he wanted. The
stamp, when first manufactured, had not been satisfactory
to him; and on his second visit, the customer
had left a piece of a check, carefully torn out in circular
form, which showed the certification which he
desired copied. This fragment the maker had retained,
as well as a slip of paper, upon which the
customer had written the address of the place to
which he wished the stamp sent—The Young Men’s
Christian Association! The face of the fragment
showed a part of the maker’s signature. The superintendent
ran his eye over a list of brokers and picked
out the name of the firm most like the hieroglyphics
on the check. Then he telephoned over and asked to
be permitted to see their pay roll. Carefully comparing
the signature appearing thereon with the
Y. M. C. A. slip, he picked his man in less than ten
minutes. The latter was carefully trailed to his
home, and thence to the Young Men’s Christian Association,
after which he called on his fiancée at her
father’s house. He spent the night at his own boarding
place. Next morning (Sunday) he was arrested
on his way to church, and all the securities (except
some that he later returned) were discovered in his
room. More quick work! The amateur’s method
had been very simple. He knew that the loan had
been made and the bonds sent to the bank. So he
forged a check, certified it himself, and collected the
securities. Of course, he was a bungler and took a
hundred rash chances.
A good example of the value of the accumulated
information—documentary, pictorial, and otherwise—in
the possession of an agency was the capture of
Charles Wells, more generally known as Charles
Fisher, alias Henry Conrad, an old-time forger, who
suddenly resumed his activities after being released
from a six-year term in England. A New York City
bank had paid on a bogus two hundred and fifty dollar
check and had reported its loss to the agency in
question. The superintendent examined the check
and (although Fisher had been in confinement for six
years on the other side) spotted it for his work. The
next step was to find the forger. Of course, no man
who does the actual “scratching” attempts to “lay
down” the paper. That task is up to the “presenter.”
The cashier of the bank identified in the agency’s
gallery the picture of the man who had brought in
the two hundred and fifty dollar check, and he in
turn proved to be another ex-convict well known in
the business, whose whereabouts in New York were
not difficult to ascertain. He was “located” and
“trailed” and all his associates noted and followed.
In due course he “connected up” (as they say) with
Fisher. Now, it is one thing to follow a man who
has no idea that he is being followed and another to
trail a man who is as suspicious and elusive as a fox.
A professional criminal’s daily business is to observe
whether or not he is being followed, and he rarely
if ever, makes a direct move. If he wants a drink at
the saloon across the street, he will, by preference, go
out the back door, walk around the block and dodge
in the side entrance via the tail of an ice wagon. In
this case the detectives followed the presenter for
days before they reached Fisher, and when they did
they had still to locate his “plant.”
The arrest in this case illustrates forcibly the chief
characteristic of successful criminals—egotism. The
essential quality of daring required in their pursuits
gives them an extraordinary degree of self-confidence,
boldness, and vanity. And to vanity most of them
can trace their fall. It seems incredible that Fisher
should have returned to the United States after his
discharge from prison and immediately resumed his
operations without carefully concealing his impedimenta.
Yet when he was run down in a twenty-six
family apartment house, the detectives found in his
valise several thousand blank and model checks, hundreds
of letters and private papers, a work on “Modern
Bank Methods,” and his “ticket of leave” from
England! This man was a successful forger and because
he was successful, his pride in himself was so
great that he attributed his conviction in England to
accident and really felt that he was immune on his
release.
The arrest of such a man often presents great legal
difficulties which the detectives overcome by various
practical methods. There is no man in the world
who “gets away” with so many “tricks” on his
“chest” as the sleuth. As they say, “It’s the way we
do it.” Of course, no officer without a search warrant
has a right to enter a house or an apartment. A
man’s house is his castle. Mayor Gaynor, when a
judge, in a famous opinion (more familiarly known
in the lower world even than the Decalogue) laid
down the law unequivocally and emphatically in
this regard. Thus, in the Fisher case, the defendant
having been arrested on the street, the detectives desired
to search the apartment of the family with
which he lived. They did this by first inducing the
tenant to open the door and, after satisfying
themselves that they were in the right place, ordering
the occupants to get in line and “march” from
one room to another while they rummaged for
evidence. “Of course, we had no right to do
it, but they didn’t know we hadn’t!” said the
boss.
But frequently the defendant knows his rights just
as well as the police. On one occasion the same detective
who arrested Fisher wanted to take another
man out of an apartment where he had been run to
earth. His mother (aged eighty-two years) put the
chain on the door and politely instructed the detective
(who had no warrant) to go to purgatory. All
the evidence against the forger was inside the apartment
and he was actively engaged in burning it up
in the kitchen stove. In half an hour to arrest him
would have been useless! The detectives stormed
and threatened, but the old crone merely grinned at
them. She hated a “bull” as much as did her son.
Fearing to take the law into their own hands, they
summoned a detective sergeant from head-quarters,
but, although he sympathized with them, he had read
Mayor Gaynor’s decision and declined to take any
chances. They then “appealed” to the cop on the
beat, who proved more reasonable, but although he
used all his force, he was unable to break down the
door which had in the meantime been reinforced
from the inside. After about an hour, the old lady
unchained the door and invited the detectives to
come in. The crook was sitting by the window smoking
a cigar and reading St. Nicholas, while all evidence
of his crime had vanished in smoke.
One more anecdote at the expense of the deductive
detective. A watchman was murdered, the
safe of a brewery blown open and the contents
stolen. Local detectives worked on the case and
satisfied themselves that the night engineer at the
brewery had committed the crime. He was a quiet
and, apparently, a God-fearing man, but circumstances
were conclusive against him. In fact, he
had been traced within ten minutes of the murder
on the way to the scene of the homicide. But
some little link was lacking and the brewery officials
called in the agency. The first thing the superintendent
did was to look over the engineer. At first
sight he recognized him as a famous crook who had
served five years for a homicidal assault! One would
think that that would have settled the matter. But
it didn’t! The detective said nothing to his associates
or employers, but called on the engineer that
evening and had a quiet talk with him in which he
satisfied himself that the man was entirely innocent.
The man had served his time, turned over a new leaf,
and was leading an honest, decent life. Two months
later the superintendent caused the arrest of four
yeggmen, all of whom were convicted and are now
serving fifteen years each for the crime.
Thus, the reader will observe that there are just
a few more real detectives still left in the business—if
you can find them. Incidentally, they, one and
all, take off their hats to Scotland Yard. They will
tell you that the Englishman may be slow (fancy an
American inspector of police wearing gray suede
gloves and brewing himself a dish of tea in his office
at four o’clock!), but that once he goes after a crook
he is bound to get him—it is merely a question of
time. I may add that in the opinion of the heads of
the big agencies the percentage of ability in the New
York Detective Bureau is high—one of them going
so far as to claim that fifty per cent of the men have
real detective ability—that is to say “brains.” That
is rather a higher average than one finds among
clergymen and lawyers, yet it may be so.
THE CAMORRA — CHAPTER VII THE CAMORRA IN ITALY — CHAPTER VIII AN AMERICAN LAWYER AT VITERBO — CHAPTER IX THE MALA VITA IN AMERICA
We are not Carabinieri,
We are not Royalists,
But we are Camorrists—
The devil take the others!
In Italy, when it rains, the man on the street mutters:
“Piove! Governo ladro!” (“It rains! Thief of
a government!”) Oddly enough, this expression,
originally coined by the Fanfulla, an influential journal,
to ridicule the opponents of the government,
really epitomizes the attitude of the average Italian
toward the central authority. It is the vital word
spoken in jest. The Italian—and particularly the
Italian of the southern peninsula—is against government—any
government, all government—on general
principles. He and his forefathers went through
a grim school, and they have not forgotten.
The Italian, however republican in form his institutions
may be, is still the subject of a monarchy,
and he has never fully grasped the Anglo-Saxon idea
that even a king is subject to the law. In Italy no
one thinks of questioning the legality of an arrest.
With us, to do so is the first thought that comes. On
the Continent, the fact that an act is done by an
official, by a man in striped trousers, places it above
criticism. No matter how obvious an error may have
been committed, one is inevitably met by the placid
assertion: “The government makes no mistakes.”
Neither has the idea of the sanctity of personal liberty
ever been properly developed. There is nohabeas
corpus in Italy. Release on bail is legally possible,
but difficult of achievement and little availed of. A
man’s house is not “his castle.” The law itself is
usually complicated and slow in remedial and criminal
matters, and justice is apt to be blind unless the
right sort of eye doctor—a deputy or a senator—is
called in. Bureaucracy has perpetuated the Italian’s
inherited distrust of government and distaste for
legal process, and drives him still to seek his ends
in many cases by influence, bribery, or—the Camorra.
Rarely can we point to a social phenomenon in
this country and say: “This is so because of something
a hundred years ago.” With us some one has
an idea, and presto! we are recalling judges, pulling
down idols, “elevating” women to be sheriffs, and
playing golf on Sundays. Where are the gods of yesterday?
The pulse of the nation leaps at a single
click of the Morse code. An injustice in Oklahoma
brings a mass meeting together in Carnegie Hall. But
the continuance of the Camorra in Italy to-day is
directly due to the succession of tyrants who about
a century ago allowed the patriots of Naples and
Sicily to rot in prison or hung them up on scaffolds
in the public squares.
The Bourbon rule in the “Kingdom of the Two
Sicilies”[5]
was one of the most despicable in history.
In eleven days in 1793 one hundred and twenty professors,
physicians, and priests were executed by the
public hangman in Naples. This was a mere foretaste
of what was coming. When Napoleon dethroned
the Bourbons in 1805 and made his brother
Joseph “King of Naples,” there dawned an era of
enlightenment and reform which continued when
Joseph was succeeded by Joachim Murat in 1808;
but the Congress of Vienna in 1815 reinstated the
old dynasty and recalled Ferdinand I, who had been
lurking in Sardinia, to the throne. Then the horrors
began again. A period of retrogression, of wholesale
persecutions and executions, followed. Never was
there anything like the nightmare of bloody politics
which lasted through the reigns of Ferdinand I (1825),
of Francis I (1830), of Ferdinand II (1859), and of Francis
II, until the entry of Garibaldi into Naples in 1860.
The oppressions of the Bourbons and the struggle
of the patriots of Italy for freedom and the Risorgimento
stimulated secret organization. No other
means to combat tyranny was, in fact, possible. To
be known to have liberal ideas meant instant arrest,
if not death. Under Ferdinand II there had been
over twenty thousand political prisoners actually in
prison at one time and thirty thousand moreattendibili,
confined in their houses.[6]
The governor of Genoa complained to Mazzini’s father because the youth
“walked by himself at night, absorbed in thought.” Said he: “We don’t
like young people
thinking without knowing the subject of their
thoughts.” The great society of the Carbonari had
provoked the counter-organization of the Calderoni,
and had in turn given way to the “New Italy” of
Mazzini. It is said on excellent authority that in
1820 there were seventy thousand persons in the city
of Naples alone who belonged to secret societies. In
this year we first hear of the Camorra by name, and
for the next forty years it spread and flourished until
it became so powerful that the government of the
“Two Sicilies” had perforce to enter into treaty with
it and finally (in 1860) to turn over to it the policing
of the city of Naples. Indeed, it may be that some
such extra-legal organization was a practical necessity
if existence were to be tolerable at all.
Lombroso, in the “Growth of Crime,” writes:
“When the royal postal officials were in the habit of
tampering with correspondence, when the police were
bent on arresting the honest patriots and making use
of thieves as agents provocateurs, the necessity of
things enhanced the value of the Camorra, which
could always have a letter or a packet safely conveyed,
save you from a dagger thrust in prison,
redeem you a stolen article for a fair sum, or, when
quarrels and disputes arose, could get these settled
on much more equitable terms and less costly than
any one else or indeed the ordinary process of the law.”
This was the heyday of the Camorra as an organization
of criminals. Later it developed into something
more—a political ring under whose leash the
back of southern Italy still quivers.
The Neapolitan Camorra had its origin in Spain.
The great Cervantes, in “Rinconeto y Contadillo,”
has drawn a marvellous picture of a brotherhood of
thieves and malefactors who divided their evil profits
with the police and clergy. This was “La Garduna”—the
mother of the Camorra. As early as 1417 it
had rules, customs, and officers identical with those
of the Camorra of the nineteenth century, and, like
it, flourished in the jails, which were practically under
its control. Undoubtedly this organization found its
way into Sicily and Naples in the wake of the Spanish
occupation of the thirteenth century, and germinated
in the loathsome prisons of the period until
it was ready to burst forth into open activity under
the Bourbons.
The word camorra comes from the Spanish chamarra
(in Italian gamurra, hence tabarra, tabarro), meaning
a “cloak” usually affected by thieves and bullies.
From this is derived the Spanish word camorra, “a
quarrel with fists,” and the phrase hacer camorra,
fairly translatable as “to look for trouble.” It would
be difficult to find any closer definition than this last
of the business of the Neapolitan Camorra.
Giuseppi Alongi, a pupil and follower of Lombroso,
and one of the principal Italian authorities upon the
subject, says concerning the rise of the Neapolitan
organization:
“The Camorra certainly had its birth in the prisons
of Naples. Old offenders regarded themselves as
aristocrats of crime, and behaved as masters in their
own households, forming a sort of privileged class
within the prison. The idea of levying taxes on newcomers
came as natural to them as that among soldiers
of calling upon the recruit to ‘pay his footing.’ That
the Neapolitan Camorra is so mixed up with religion
is due to the fact that the local criminal unites ferocity
with religious superstition, while the amazing devotion
of the population to ‘Our Lady of Mount Carmel,’
who is venerated as the symbol of maternal
love, offers an easy means of exploiting their credulity.
It became the custom, therefore, to exact tolls from
the people, under the pretence that they were intended
for religious purposes. The Camorrists have
four hundred feasts every year, and the Church
of Mount Carmel in Naples is still their religious
centre.”
In the days from 1820 to 1860, to be a Camorrist
was a matter of pride and a rare distinction among
the baser sort. So far from concealing his membership
in it, the Camorrista vaunted it abroad, even
affecting a peculiar costume which rendered him unmistakable.
A red necktie, the loose ends of which
floated over either shoulder, a parti-colored sash, and
a cane heavily loaded with brass rings, marked him
as a “bad man” during this romantic period. But,
however picturesque it may have been, the Camorra
soon became the most dreaded and loathsome secret
society in the world.
Only those could become members who had shown
their preference for the mala vita and given tangible
evidence of their criminality. Candidates who had
qualified for the novitiate proved their suitability for
the next grade by performing some brutal act, such
as slitting an old man’s throat from ear to ear.
The business of the Camorra was organized extortion,
assisted by murder and violence. The Camorrist
was a bully—one who could use the knife. In this he
was instructed until he became a master in artistic
stabbing with a fair knowledge of anatomy. Various
styles of knives were used for different purposes: the
settesoldi, for scarring and unimportant duelling
among members; the ’o zumpafuosso, or deadly official
knife, for the “jumping duel”; the triangolo for
murders, etc. The actual slashing was usually done
not by the Camorrist himself, but by some aspirant
to membership in the society who desired to give
proof of his virtue, and who, rather as a favor, was
permitted to take all the chances. Accordingly the
“honored” youth selected the right knife and lay in
wait for his victim, assisted by a palo, or “stall,”
who gave warning of danger and perhaps arranged
for the victim to stumble just as the blow was to be
struck. Secret signals facilitated matters. Even to-day,
the American in Naples who is not “afraid to
go home in the dark” had best hasten his steps if he
hears near by the bark of a dog, the mew of a cat,
the crow of a cock, or a sneeze, any one of which does
not carry conviction as to its genuine character.
These are all common Camorrist signals of attack;
while popular tunes such as “Oi ne’, traseteve, ca
chiora!” (“Go in, for it rains!”) are warnings of the
approach of danger.
The Camorra levied blackmail upon all gambling
enterprises, brothels, drivers of public vehicles, boatmen,
beggars, prostitutes, thieves, waiters, porters,
marketmen, fruit-sellers, small tradesmen, lottery
winners, and pawnbrokers, controlled all the smuggling
and coined bogus money; and the funds thus
secured were divided among (1) the police, (2) the
members in jail, (3) the aged, (4) widows and orphans
of those who had died in the cause of crime, (5) the
higher officers, (6) whatever saint or shrine it was
desired to propitiate, and (7) the “screenings” went
to the men who did the dirty work.
The Camorrists made use of picture signs for names,
and a secret symbolism to express their meanings,
written or spoken. They also had an argot, or dialect,
which has impressed itself upon the language of the
entire lower class of Naples. All criminals have a
jargon of their own, often picturesque, frequently humorous,
and the slang of the Camorrist differed little
from that of other associations of crooks here and
elsewhere, save in its greater volume. Much of the
Camorrist vocabulary has passed into common use,
and it is difficult to determine now what words are
of strictly Camorristic origin, although the following
are supposed to be so:
Freddare, “to turn a man cold” (to kill).
Agnello, “lamb” (victim).
Il morto, “the dead one” (one robbed).
La Misericordia, “Compassion” (combination knife and
dagger).
Bocca, “mouth” (pistol).
Tric-trac (revolver).
Sorci neri, “black rats” (night patrol).
Asparago,[7]
“asparagus” (a gendarme who has been tricked—“a stiff”).
Si accolla, “he sticks to it” (he shoulders the others’ crime).
In all there are said to be about five thousand
words in the Camorrist vocabulary; but a large number
of these are simply Neapolitan slang, for inventing
which every Neapolitan has a gift.
No more interesting example of this slang has ever
come to light than in the secret diary of Tobia Basile
(nicknamed “Scarpia Leggia”) who, after serving
thirty years in prison, returned to the haunts of
men to teach the picciotti the forms and ceremonies
of the society and to instruct them in its secret language.
This strange old man, more literate than
most Camorrists, kept a diary in the ancient symbolism
of the brotherhood. Having become bored by
his wife he murdered her, walled her body up in the
kitchen, and recorded what he had done, thus:
May 1, “The violets are out.”
May 7, “Water to the beans.”
June 11, “I have pruned my garden.”
Aug. 10, “How beautiful is the sun.”
Sept. 12, “So many fine sheep are passing.”
Time passed, and a contractor, rebuilding the wall,
came upon the corpse. Tobia denied his guilt, but
his diary was found, as well as a Camorrist translator.
“Water to the beans.” That beautiful metaphor
was shown to mean naught else but “I have killed
and buried her!” And in the face of his own diary
Tobia admitted the accuracy of his record. “Water
to the beans!”
The first grade of aspirants to the Camorra was
that of the garzone di mala vita, or “apprentice,”
who was practically a servant, errand-boy, or valet
for his masters or sponsors, and was known as a
giovine onorato, or honored youth. The second grade
was that of the picciotti sgarro, or novice, originally
difficult of attainment and often requiring from six
to ten years of service. The third or final stage was
that of the capo paranza, head of a local gang, or
“district leader.”
The society was divided into twelve centres, corresponding
to the twelve quarters of the city of
Naples, each centre being, in turn, subdivided into
paranze and having a separate or individual purse.
The chief of each paranza was elected, and was the
strongest or boldest man in the gang. In earlier days
he combined the office of president, which carried
with it only the limited authority to call meetings,
with that of cashier, which involved the advantage
of being able to divide the camorra, or proceeds of
crime. The leader was entitled himself to the sbruffo,
a percentage due by “right of camorra”; and this
percentage belongs to-day in every case to the Camorrist
who has planned or directed the particular
crime involved. The leaders of the twelve divisions
met, just as they occasionally do now, to discuss
affairs of vital importance, but in most matters the
individual sections were autonomous.
According to the confession of an old Camorrist,
the lowest grade of the society was attained by the
following rite:
A general meeting of the district was called, at
which the sponsor formally introduced the candidate
to the gathering. The leader stood in the midst of
his fellow Camorrists, all of whom were drawn up
in a circle according to seniority. If the treasurer
was present the president had three votes, and the
assembly was known in Camorrist slang as being cap’
in trino—three in one: if absent, the society was
known as cap’ in testa, which means “the supreme
triad.” All stood perfectly motionless, with arms
folded across their breasts and with bowed heads.
The president, addressing the neophyte, said:
“Knowest thou the conditions and what thou must
do to become an honored youth? Thou wilt endure
misfortune upon misfortune, thou wilt be obliged to
obey all the orders of the novices and the solemnly
professed, and bring them useful gains to furnish
them with useful service.”
To this the neophyte replies:
“Did I not wish to suffer adversities and hardships,
I should not have troubled the society.”
After a favorable vote on the admission of the candidate,
he was led forward and permitted to kiss each
member once upon the mouth. The president he
kissed twice. Certain favors were then asked of the
assembly by the neophyte, and the president made
reply:
“The favors asked shall be accorded according to
our rules. Our terms of membership are these:
“First: That thou go not singing or rowing or
brawling in the public streets.
“Secondly: That thou respect the novices and
whatsoever instructions they may give thee.
“Thirdly: That thou obey whole-heartedly our
professed members and carry out their commissions.”
After a few tests of the candidate he was handed
over to the “novice master,” a full-fledged member
under whom he was to serve his term of probation.
The period of his apprenticeship depended upon the
zeal, ability, and ready obedience which he displayed
in the course of it. He was absolutely at the mercy
of his master, and if so commanded he must substitute
himself for another and take the latter’s crimes
upon his own shoulders; but one who thus made of
himself a “martyr” was promoted to a higher grade
in the society.
Promotion to such higher grades involved stricter
examination and the Camorrist admonition:
“Shouldst thou see even thine own father stab a
companion or one of the brethren, thou art bound to
defend thy comrade at the cost of stabbing or wounding
thy father; and God help thee shouldst thou
traffic with traitors and spies!”
Standing with one foot in the galleys and the other
in the grave (symbolically), he swore to kill anybody,
even himself, should that be the wish of the society.
The kissing ceremony was then renewed, and the
candidate was initiated fully into the secrets of the
organization. The number of weapons in the possession
of the Camorra was revealed to him, the names
of brethren under the ban of suspicion, the names of
all novices and postulants, as well as the society password
and the code of recognition signs.
These points of ritual passed, the candidate was
then ready for the blood ceremony, which consisted
in tasting the blood of each member of the assembly,
drawn from a small knife-wound made for the purpose,
and finally the combat. For this necessary
part of the ceremony of initiation, the candidate was
required to select an opponent from the assembly.
The champions then chose their daggers, picked their
seconds, unshirted themselves—and the fight was on.
It was a rule that they must aim only at the muscles
of the arm, and the president, acting as capo di tiranta
(master of combat) was there to see that the
rule was obeyed. At the first drawing of blood the
combat was over, and the victor was brought forward
to suck the blood of the wound and embrace
his adversary. If the newly promoted member
happened to be the loser, he had to resume the
fight later on with another champion; and not until
he had won in a test was he definitely “passed”
and “raised.”
Many other bloody tests have been attributed to
this ceremony of the Camorra; but these, as well as
the foregoing in its strict form, have been largely
done away with, except in the prisons, where the society
still retains its formality. There remained, as
a final step in the ritual of initiation, the tattooing
of two hearts joined together with two keys. “Men
of honor ought to have heart enough for two people,
that is to say, have a large heart; men bound only
to their colleagues and whose heart is closed as it were
with a double key to all others.” Sometimes a spider
took the place of the hearts, symbolizing the industry
of the Camorrist and the silence with which he weaves
the web around his victim. This tattooing is still
customary among Camorrists.
The usual Camorrist tribunal consisted of a committee
of three members belonging to the district organization,
presided over by the Camorrist of highest
rank among them, and settled ordinary disputes and
punishments. From this there was an appeal in more
important matters to the central committee of twelve.
This latter body elected a supreme head for the entire
society, and passed on matters of general policy. It
also sat as a court of original and final jurisdiction
in cases of treachery to the society, such as betraying
its secrets or embezzling its funds, imposed the
death penalty, and appointed the executioners. Its
decrees were carried out with blind obedience, although
not infrequently the death sentence was commuted
to that of disfiguration.
Such, then, was the society which in 1820 already
controlled the prisons, dealt in assassination and robbery,
levied blackmail upon all classes, trafficked in
every sort of depravity, and had a rank and file upon
which its leaders could absolutely rely. It had no
political creed, nor did it interest itself in anything
except crime. It had greater solidarity than the police,
which was almost equally corrupt. Dreaded by
all, it was utilized by all, for it could do that which
the police could not do.
The city officials of Naples had a very tender regard
for the feelings of “the brethren of the dagger.”
In 1829 certain reformers proposed building a wall
around a notoriously evil street, so that at night,
under lock and key, the inhabitants could be properly
“segregated.” But the Camorra did not take kindly
to the suggestion, and a letter was left with the functionary
in charge of the matter:[8]
Naples, September, 1829.
Sir:
Are you not aware that in confining these poor girls
in walls you act as if they were condemned to the lowest
depths of hell? The prefect of police and the intendant who
ordered this brutal act have no heart.... We are here who
have much heart and are always ready to shed our own blood
for them, and to cut the throats of those who shall do anything
toward walling up that street. With all humility we kiss your
hands.
N. N.
The street was not walled up, the prefect of the
police discovering that he had too much heart.
Having no politics, the Camorrists became, as it
were, Hessians in politico-criminal activity. They
were loyal only to themselves, their favorite song
being:
“Nui non simmmo gravanari,
Nui non simmo realisti,
Ma nui simmo Camorristi,
Cuffiano a chilli’ e a chisti!”
(We are not Carabinieri,
We are not royalists,
But we are Camorrists—
The devil take the others!)
Under the Bourbons the police recognized and used
the Camorra as their secret agents and granted its
members immunity in return for information and assistance.
Both preyed on the honest citizen, and
existed by extortion and blackmail. “The government
and the Camorra hunted with one leash.” Yet,
because the police were regarded as the instruments
of despotism, the people came to look upon the Camorrists
(who, technically at least, were hostile to
authority) as allies against tyranny. It was at this
period of Italian history that the present distrust of
government and distaste for law had its rise, as well
as the popular sympathy for all victims of legal process
and hatred for all who wear the uniform of the
police. The Camorra still appeals to the dread of
tyranny in the heart of the south Italian to which in
large measure, by its complicity, it contributed. Thus
the love of liberty was made an excuse for traffic with
criminals; thus was fostered the omertà, the perverted
code of honor which makes it obligatory upon
a victim to shield his assassin from the law; and thus
was born the loathing of all authority which still obtains
among the descendants of the victims of Ferdinand’s
atrocious system, which, whatever their origin,
gave the mala vita—brigandage, the Mafia, and
the Camorra—their virulence and tenacity.
In 1848 the Camorra had become so powerful that
Ferdinand II actually negotiated with it for support;
but the society demanded too much in return and
the plan fell through. On this account the Camorra
threatened to bring on a revolution! In this it was
not successful, but it now began openly to affect revolutionary
ideas and pretend to be the friend of liberty,
its imprisoned members posing as patriots, victims
of tyranny.
Thus it gained enormously in prestige and membership,
while the throne became less and less secure.
Ferdinand II granted a general amnesty in order to
heighten his popularity, and the Camorrists who had
been in jail now had to be reckoned with in addition
to those outside. In 1859 Ferdinand died and Francis
II seated himself on the quaking throne. His prefect
of police, Liborio Romano, whom history has
accused of plotting the Bourbon overthrow with Garibaldi
and of playing both ends against the middle,
had either perforce or with malice prepense conceived
the scheme of harnessing the Camorra by turning
over to it the maintenance of order in the city. The
police had become demoralized and needed rejuvenating,
he said. Francis II thereupon had another
jail delivery, and “Don Liborio” organized a “National
Guard” and enlisted throngs of Camorrists in
it, while in the gendarmerie he recruited the picciotti
as rank and file and installed the regular Camorrists
as brigadiers.
Then came the news that Garibaldi was marching
upon Naples. Romano, still ostensibly acting
for the best interests of his royal master, urged the
latter’s departure from the capital. The revolution
was coming. In some indefinable way, people who
were for the Bourbons yesterday saw to-day the impossibility
of the continuance of the dynasty. The
cat was ready to jump, but it had not jumped yet.
Whatever may have been Romano’s real motives so
far as the Bourbons were concerned, the fact remains
that his control over the national militia and police,
during the days and nights just prior to the departure
of the King and the arrival of Garibaldi, resulted
in a vigilance on their part which protected property
and maintained an order otherwise impossible.[9]
Garibaldi at last arrived, with Romano’s Camorrist
police on hand to cheer loudly for “Victor Emmanuel
and Italy United!” and to knock on the head or stick
a knife into the gizzard of any one who seemed lukewarm
in his reception of the conquering hero. The
cat jumped—assisted by the Camorra. The liberals
were in, and with them the Camorrists, as the saying
is, “with both feet.” Thus, perhaps for the first time
in history, was a society of criminals recognized officially
by the government and intrusted with the task
of policing themselves.
From 1860 on the Camorra entered upon a new
phase, a sort of duplex existence, having on the one
hand its old criminal organization (otherwise known
as the Camorra bassa) and on the other a group of
politicians or ring with wide-spread ramifications,
closely affiliated with the society and dealing either
directly with it or through its more influential and
fashionable members, much as a candidate for office
in New York might have secured the support of the
“Paul Kelly Gang” through the offices of the politician
under whose patronage it existed. This “smart
set” and the ring connected with it was known as
the Camorra alta or Camorra elegante, and from the
advent of Garibaldi to the present time the strictly
criminal operations of the society have been secondary
in importance to its political significance. Its members
became not merely crooks, but “protected”
crooks, since they gave office to men who would look
after them in return, and the result was the alliance
of politics and crime in the political history of Southern
Italy during the last fifty years.
It is hardly likely that foxy old “Don Liborio” anticipated
any such far-reaching result of his extraordinary
manœuvre with the Camorra. It was not
many weeks, however, before the Camorrists who
had been given public office and continued under
Garibaldi, began to show themselves in their true
colors, and to use every opportunity for blackmail and
private vengeance. They had been given charge of
the octroi, or taxes levied at the city gates, and these
decreased, under Salvatore di Crescenza, from forty
thousand to one thousand ducats per day. Another
Camorrist collector, Pasquale Menotte, had the effrontery
to turn in, on one occasion, the princely
sum of exactly four cents. It became absolutely
necessary to get rid of them at any cost, and to drive
them out of the police and army, which they now
permeated. Mild measures were found insufficient,
and as early as 1862 a raid was conducted by the
government upon the organization—Sparenta, the
Minister of Police, arresting three hundred Camorrists
in one day. But he accomplished little. From this
time on until 1900 the history of the Camorra is that
of a corrupt political ring having a standing army of
crooks and rascals by means of which to carry out
its bargains.
During this period many serious attempts were
made to exterminate it, but practically to no purpose.
In 1863 another fruitless series of raids filled
the jails of Naples, and even of Florence and Turin,
with its members; but the society continued to
flourish—less openly. The resignation of Nicotera
as Prime Minister in 1876 was followed by a burst of
activity among the Camorrists, but in 1877 the government
made a serious effort to put down the Mafia
in Sicily, while in 1880 the murder of Bonelli in a
foul dive of the Camorra in Naples resulted in the
prosecution of five Camorrists for his murder. The
trial, like that of 1911‒12, took place, for reasons of
safety, at Viterbo. The witnesses testified freely
upon every subject save the Camorra, and could not
be induced to suggest that the assassination had been
the result of a conspiracy. “The word Camorra
seemed to burn their tongues.” The jury were so
impressed by the obvious terror which the society
inspired in the Neapolitans that they found all the
five—Esposito, Romano, Tiniscalchi, Langella, and
Trombetta—guilty, and they were sentenced to
forced labor in the galleys.
Apparently there was a sort of renaissance of the
Camorra about 1880, at the death of Victor Emmanuel
II, and under the new administration of Humbert
it began to be increasingly active in political
affairs. At this time the Camorra alta included lawyers,
magistrates, school-teachers, holders of high
office, and even cabinet ministers. The writer does
not mean that these men went through the rites of
initiation or served an apprenticeship with the knife,
but the whole villainous power of the Camorra was
at their backs, and they utilized it as they saw fit.
The “Ring,” affiliated as it is with the leaders of
the society, is still the most dangerous manifestation
of the Camorra. Historically, it is true, it was
known as the alta Camorra or Camorra elegante, but
in ordinary parlance these terms are generally used
to describe Camorrists more closely related to the
actual district organizations, yet of a superior social
order—men who perhaps have graduated from leadership
into the more aristocratic if equally shady purlieus
of crime. These handle the elections and deliver
the vote, own a gambling-house or two, or even
more disreputable establishments, select likely victims
of society’s offscourings for blackmail, and act
as go-betweens between the Ring and the organization.
They also furnish the influence when it is
needed to get Camorrists out of trouble, and mix
freely in the fast life of Naples and elsewhere. The
power of the Ring reached its climax in 1900.
In return for the services of the Camorra bassa in
electing its deputies to office, the government saw to
it that the criminal activities of the society were not
interfered with. Prefects who sought to do their
duty found themselves removed from office or transferred
to other communes, and the blight of the Camorra
fell upon Parliament, where it controlled a
number of deputies from the provinces of “Capitanata”;
all governmental interference with the Camorra
was blocked, and Italian politics weltered in
corruption.
Upon the assassination of King Humbert, in 1900,
the situation in Naples was as bad as that of New
York City in the days of the Tweed Ring. The ignorant
Neapolitans sympathized with the Camorrists
as against the police, and voted as they were directed.
Almost all the lower classes were affiliated in some indirect
way with the society, much as they are in New
York City with Tammany to-day. The Ring absolutely
controlled all but three of the newspapers published
in the city. The lowest depths had been
reached in every department of municipal and provincial
administration, and even the hospitals and
orphan asylums had been plundered to such an extent
that there was nothing left for the thieves to
get away with.
At this crisis the Socialist newspaper, La Propaganda,
courageously sprang to the attack of the communal
administration, in the persons of the Syndic
Summonte and the Deputy Casale, who, smarting
under the lash of its excoriation, brought an action
of libel against its editor. Heretofore similar attacks
had come to nothing, but the facts were so notorious
that Summonte evaded service and abandoned his
associate, and Casale, facing the necessity of explaining
how he could support a luxurious establishment
on no salary, endeavored to withdraw the action.
The Public Minister himself announced that no witnesses
need be summoned for the defense, and publicly
expressed his indignation that a governmental
officer, Commendatore F. S. Garguilo, Sustituto Procuratore
Generale of the Court of Cassation in Naples,
should have accepted a retainer for Casale. The
tribunal handed down a decision finding that the
facts asseverated by La Propaganda were fully proved
and, referring to the influence of Casale, said: “The
immorality thence emanating is such as to nauseate
every honest conscience, and to affirm this in a verdict
is the commencement of regeneration.”
This was, indeed, the commencement of a temporary
regeneration. Casale was forced to resign
his seat in Parliament and in the provincial council.
The entire municipal council resigned, and, amid the
roarings of the Neapolitan Camorrist press, the president
of the Council of Ministers, Senator Saracco,
proposed and secured a royal commission of inquiry
of plenipotentiary powers, with a royal commissioner
to administer the commune of Naples. The report
of this commission, in two volumes of nine hundred
pages each, draws a shocking picture of municipal
depravity, in which Casale appeared as recommending
criminals to public office, selling places for cash, and
holding up payments to the city’s creditors until he
had been “seen.” He was proved to have received
thirty thousand lire for securing a subsidy for a steamship
company, and sixty thousand lire for getting a
franchise for a street railway. It appeared that the
corruption in the educational departments passed
description, that concessions were hawked about to
the highest bidder, and that in one deal—the “Scandalous
Loan Contract,” so-called—five hundred thousand
lire had been divided between Scarfoglio, Summonte,
Casale, and Delieto. This Scarfoglio, the
editor of Il Matino, and the cleverest journalist in
Naples, was exposed as the Ring’s intermediary, and
his wife, the celebrated novelist, Matilde Serao, was
demonstrated to have been a trafficker in posts and
places. The trial and exposures created a furore all
over Italy. The Prime Minister refused to continue
the Royal Commission and announced a general election,
and, amid the greatest excitement, the Camorra
rallied all its forces for its final struggle in politics.
But the citizens of Naples had had enough of the
Ring for the time being, and buried all the society’s
candidates under an avalanche of votes. This was
the severest blow ever dealt to the political influence
of the Camorra.
The Casale trial marks the last stage of the Camorra’s
history to date. America has had too many
“rings” of her own to care to delve deeply into the
slime of Italian politics. The Camorra regularly delivers
the votes of the organization to governmental
candidates, and exerts a powerful influence in the
Chamber of Deputies. It still flourishes in Naples,
and continues in a somewhat modified form its old
formalities and festivities; but its life is hidden and
it works in secret. The solidarity of the organization
has yielded to a growing independence on the part of
local leaders, whose authority is often usurped by
some successful basista (burglary planner). The big
coups become fewer as the years go on, the “stakes”
for which the criminal game is played smaller and
smaller.
Police Inspector Simonetti, who had many years’
experience in Naples, gave evidence before the Viterbo
Assize on June 8, 1911, as follows:
“The Camorra truly exists at Naples, and signifies
violence and absolutism. Formerly it had severe
laws and iron regulations, and all the gains derived
from criminal undertakings were divided among all
the leaders. There was blind, absolute obedience to
the chiefs. In a word, the Camorra was a state
within a state.
“To-day this collectivism, this blind obedience, exists
no longer. All the Camorrists respect one another
but they act every man for himself.
“The Camorra exerts its energies in divers ways.
The first rung in the Camorrist ladder is the exploitation
of one or more women; the second, the horsefair
sales and public auctions of pawned goods. The
Camorrists go to these latter with the special object
of frightening away all would-be non-Camorrist buyers.
Usury constitutes another special source of lucre,
and at Naples is exercised on a very large scale. The
Camorrist begins by lending a sum of five francs, at
one franc per week interest, in such fashion that the
gain grows a hundredfold, so that the Camorrist who
began with five-franc loans is able to lend enormous
sums to noblemen in need of funds. For instance,
the Camorrist loans ten thousand lire, but exacts a
receipt for twenty thousand lire, and gives goods in
place of money, these goods being subsequently
bought back at low prices by the selfsame usurers.
Another great industry of the Neapolitan Camorra is
the receipt of stolen goods; practically all the receivers
of such in Naples are members of the Camorra.”
Governor Abbate, who for thirty years past has
been chief warder of the prisons at Pozzuoli near Naples
(the ancient Puteoli at which St. Paul sojourned
for seven days on his way to Rome), gave evidence
before the Viterbo Assize on June 13, 1911:
“In the course of my thirty years’ experience I
have had the worst scum of the Neapolitan Camorra
pass through my hands. I have never met a gentleman
nor an individual capable of speaking the truth
among them. I have never been without a contingent
of Camorrists in my prison. I always follow the
system adopted in most other Italian prisons of putting
all the Camorrist prisoners together in a pack
by themselves. When new inmates come, they spontaneously
declare if they be Camorrists, just as one
might state his nationality or his religion. I group
them accordingly with the rest of their fellows. They
know they will be so treated; and unless we follow
this system a perfect inferno of terrorism ensues.
The Camorrists seize the victuals, the clothes and
underwear of the non-Camorrist inmates, whom, in
fact, they despoil in every way imaginable.
“I come to learn the grades of my Camorrist prisoners
inasmuch as Camorrists, probationers, freshmen,
and the rank and file, show studious obedience to their
seniors and chiefs, whom they salute with the title of
‘master.’”
The Camorrist, in addition to exploiting women,
still levies toll on boatmen, waiters, cab-drivers,
fruit-sellers, and porters, and, under guise of protecting
the householder from the Camorrists, extorts each
week small sums from the ordinary citizen. The
meanest work of these “mean thieves” is the robbing
of emigrants about to embark, from whom they steal
clothing and money and even the pitiful little packages
of food they have provided for the voyage.
A grade higher (or lower) are the gangs of burglars
or thieves whose work is directed and planned, and
the tools and means for which are furnished by a
padrone or basista. These will also do a job of stabbing
and face-slashing at cut rates or for nothing to
oblige a real friend of the “Beautifully Reformed
Society.”
More elevated in the social scale is the type of
Professor Rapi or Signor de Marinis, the Camorrista
elegante, who on the fringe of society watches his
chance to blackmail a society woman, “arrange”
various private sexual matters for some nobleman,
or cheat a drunken aristocrat at the gaming-tables.
Last, there is the traffic in the elections, which
has been so advantageous to the government in the
not distant past that its ostentatious attempts to
drive out the Camorra, made in response to public
demand, have usually been half-hearted, if not blatantly
insincere.
Yet the traditions of the Camorra still obtain, and
in many of the prisons its influence is supreme. Witness
the deadly duel between twelve Camorrists and
twelve Mafiusi in 1905 in the Pozzuoli penitentiary,
in which five men were killed and the remainder had
to be torn apart at the muzzles of the infantry. Witness
also, and more strikingly, the trial and execution
of Lubrano, who, confined in jail with other Camorristi,
betrayed their secrets. In formal session
behind prison walls, the “brothers” sentenced him
to death, and he was stabbed by a picciotto, who was
thereupon “raised” to the highest grade of the
society.
The Camorrists still turn out in force for their religious
holidays, and visit Monte Vergine and other
shrines in gala costume, accompanied by their women.
Drunken rioting, debauchery, and knifings mark the
devotions of this most religious sect. But they are a
shoddy lot compared to the “bravos” of the last
century. At best, they are a lot of cheap crooks—“pikers”
compared to a first-class cracksman—pimps,
sharpers, petty thieves, and dealers in depravity,
living off the proceeds of women and by the
blackmail of the ignorant and credulous.
It would be ridiculous to deny that the Camorra
exists in Naples, but it would be equally absurd to
claim that it has the picturesqueness or virility of
ancient times. Yet it is dreaded by all—by the Contessa
in her boudoir, by the manager of the great
trans-oceanic line, by the ragazzo on the street. The
inquiry of the traveller reveals little concerning it.
One will be confidently told that no such society or
sect any longer exists, and with equal certainty that
it is an active organization of criminals in close alliance
with the government. Then, suddenly, some
trifling incident occurs and your eyes are opened to
the truth, at first hardly realized, that the crust of
modern civilization is, in the case of southern Italy,
superimposed upon conditions of life no more enlightened
than they were a thousand years ago, and
that hatred and distrust of government, ignorance,
bigotry, and poverty make it a field fertile for any
sort of superstition or belief, be it in the potency of
the pulverized bones of young children for rheumatism,
the efficacy of a stuffed dove sliding down a
wire as a giver of fat harvest, or the deadly power of
the Camorra. And where several million people believe
in and fear the Camorra, if for no other reason,
the Camorra or something akin to it is bound to exist.
Before long you will begin to find out things for
yourself. You may have your watch filched from
your waistcoat pocket, and you may perhaps get it
back through the agency of a shabby gentleman—introduced
by the hotel porter—who, in spite of
his rough exterior and threadbare clothing, proves
marvellously skilful in tracing the stolen property—for
a consideration.
You may observe that sometimes, when you take
a cab, a mysterious stranger will spring up beside the
driver and accompany you to your destination. This
is the “collector” for the Camorra—the parasite that
feeds on every petty trade and occupation in the city.
For the boatman shares his hire with a man who loiters
on the dock; the porter gives up a soldo or two
on every job; and the beggar divides with the Camorra
the profit from la misericordia.[10] Last of all,
you may stumble into one of the quarters of Naples
where the keeping of order is practically intrusted
to the Camorra; where the police do not go, save in
squads; and where each householder or dive-keeper
pays a weekly tax to the society for its supposed
“protection,” part of which goes higher up—to some
“delegato” or “commissary” of the “P. S.”[11]
Or you may enter into the Church of Santa Maria
del Carmine and find a throng of evil-faced men and
women worshipping at the shrines and calling for the
benediction of the Holy Trinity upon their criminal
enterprises. It is said that sometimes they hang
votive offerings of knives and daggers upon the altars,
and religiously give Heaven its share out of the proceeds
of their crimes, much as some of our own kings
of finance and merchant princes, after a lifetime of
fraud and violation of law, will seek to salve their
consciences and buy an entrance to Paradise by
founding a surgical hospital or endowing a chair of
moral philosophy. But until, by chance, you meet
a Camorrist funeral, you will have no conception of
the real horror of the Camorra, with its procession
of human parasites with their blinking eyes, their
shuffling gait, their artificial sores and deformities,
all crawling from their holes to shamble in the trail
of the hearse that carries a famous basista, a capo
paranze, or a capo in testa to his grave.
It is undoubtedly a fact that ease of living, which
generates indolence, induces moral laxity, and a society
composed in part of a hundred thousand homeless
people, so poor that a few soldi represent a feast
or a festival, who sleep in alleys, on the wharves, in
the shrubbery of parks, or wherever night finds them,
is a fertile recruiting ground for criminals. The poverty
of the scum of Naples passes conception. Air
and sky, climate and temperature, combine to induce
a vagabondage which inevitably is hostile to authority.
The strong bully the weak; the man tyrannizes
the woman; the padrone easily finds a ragged
crew eager to do his bidding for a plate of macaroni
and a flask of unspeakable wine; a well-dressed scoundrel
becomes a demi-god by simple virtue of his clothes
and paste-diamond scarf-pin; the thief that successfully
evades the law is a hero; and the crook who
stands in with the police is a politician and a diplomat.
The existence of the Camorra in its broad sense
turns, not on the vigor of the government or the honesty
of the local functionaries, so much as on the conditions
of the society in which it is to be found.
Such is a glimpse of the Camorra, past and present,
which, with its secret relations to the police, its
terrors for the superstitious and timid, its attraction
for the weak and evil-minded, its value to the
politicians, its appeal to the natural hatred of the
southern Italian for law and government, will continue
so long as social conditions in Naples remain
the same—until reform displaces indifference and incapacity,
and education[12] and religion effectively
unite to lift the Neapolitans out of the stew of their
own grease. This is the sociological key to the Camorra,
for camorra means nothing but moral delinquency,
and moral delinquency is always the
companion of ignorance, superstition, and poverty.
These last are the three bad angels of southern Italy.
For the reasons previously stated it is not surprising
that the disclosures of 1900 had little or no permanent
effect upon the criminal activities of the Camorra.
The Ring and the politicians had, it is
true, received a severe shock, but the minor criminals
had not been affected and their hold on the population
remained as strong as ever. Soon the Camorrists
became as active at the elections, and the
authorities as complacent, as before, and after a
spasmodic pretence at virtue the “Public Safety”
relapsed into its old relations to the organization.[13]
The leaders of the new “Beautifully Reformed
Society” were reported to be Giovanni Rapi, a suave
and well-educated gambler, the Cashier of the organization
and its chief adviser, surnamed “The Professor”
for having once taught modern languages in
the public schools, at one and the same time a member
of both the high and the low Camorra, and an
international blackleg; Enrico Alfano, popularly
known as “Erricone,” the reorganizer of the society
and its “Supreme Head,” the boss of all the gangs,
a fearless manipulator of elections, a Camorrist of
the new order—of the revolver instead of the knife,
the confidant of his godfather, Don Ciro Vittozzi,—the
third of the criminal triumvirate, the most mediæval
of all these mediæval figures, and the Machiavelli
of Naples.
Known as the “Guardian Angel” or “Confessor”
of the Camorra, this priest was chaplain of the Naples
Cemetery, and as such was accused of unsavory
dealings of a ghoulish nature,[14]
but he exerted wide power and influence, had the ear of the nobility
and the entrée to their palaces, and even claims to have been
the confessor of the late King. Once, a cabby, not recognizing
Vittozzi, overcharged him. The ecclesiastic protested, but the man was
insistent. At length the priest paid the fare, saying, “Remember that
you have cheated Don Ciro Vittozzi.” That night the cabman was set upon
and beaten almost beyond recognition. Next day he came crawling to
the priest and craved permission to drive him for nothing. Many such
stories are told of Vittozzi.
Besides these leaders, there were a score of lesser
lights—de Marinis, the “swell” of the Camorra, a
mixer in the “smart set,” fond of horses and of diamonds,
a go-between for the politicians; Luigi Arena,
the scientific head of the corps of burglars; Luigi
Fucci, the “dummy” head of the Camorra; and Gennaro
Cuocolo, a shrewd “basista” and planner of
burglarious campaigns, a little boss, grown arrogant
from felonious success. The cast, indeed, is too long
for recapitulation.
These met and planned the tricks that were to be
turned, assigned each “picciotto” to his duty, received
and apportioned the proceeds, giving a due
share to the police, and perhaps betraying a comrade
or two for good measure—a crowd of dirty rascals,
at whose activities the authorities connived more or
less openly until the dual murder that forced the
Italian government to recognize the gravity of the
conditions existing in the criminal world of Naples.
Then, in the twilight of the early morning of June
6, 1906, two cartmen found the body of Cuocolo, the
“basista,” covered with stab-wounds by a roadside
on the slope of Vesuvius. At almost the same moment
in the Via Nardones, in Naples, in a house directly
opposite the Commissariat of Public Safety,
the police discovered his wife, Maria Cutinelli Cuocolo,
stabbed to death in her bed. Both were well known
Camorrists, and the crime bore every indication
of being a “vendetta.” The first inquiries and
formalities were conducted quite correctly. The
police arrived on the spot and reported. The magistrate
came more deliberately, but in due course.
The two places where the crimes had occurred were
duly examined, the two autopsies made, and a few
witnesses heard. So far, everything had gone on just
as it might have in New York or Boston.
But then the Camorra got busy and things began
to go differently. Meantime, however, the police had
received an anonymous letter, in which the writer
alleged that upon the night of the murder (June 5)
a certain dinner party had taken place at an inn
known as “Mimi a Mare” at Cupra Calastro in the
commune of Torre del Greco, within a hundred yards
of the scene of the homicide, at which the guests present
were Enrico Alfano, Ciro Alfano, his brother, Gennaro
Ibello, Giovanni Rapi, and another. While they
were drinking wine and singing, a man suddenly entered—Mariano
de Gennaro—and made a sign to
Alfano, who pledged the visitor in a glass of “Marsala”
and cried, “All is well. We will meet to-morrow.”
This the police easily verified, and the
diners were thereupon all arrested and charged with
being accomplices in the murder, simply because it
appeared that they had been near by. There was no
other evidence. Perhaps the wise police thought that
if arrested these criminals would confess. At any
rate, the merry-makers were all locked up and Magistrate
Romano of Naples began an investigation. At
this juncture of the drama entered Don Ciro Vittozzi,
girded in his priestly robes, a “Holy Man,” in
the odor of sanctity.
He hastened, not to the magistrate having the case
in charge, but to another, and induced him to begin
an independent investigation. He swore by his
priestly office that his godson, Ciro Alfano, was innocent
as well as the others. He whispered the
names of the real murders—two ex-convicts, Tommaso
De Angelis and Gaetano Amodeo—and told
where the evidence of their guilt could be obtained.
He produced a witness, Giacomo Ascrittore, who had
overheard them confessing their guilt and the motive
for the murder—revenge because Cuocolo had
cheated them out of the proceeds of still another
homicide. A police spy, Antonio Parlati, and Delegato
Ippolito, a Commissary of police, gave their
active assistance to the crafty priest. The prisoners
were released, while in their stead De Angelis and
Amodeo were thrown into jail.
Then the storm broke. The decent men of Naples,
the Socialists, the honest public of Italy, with one
voice, demanded that an end should be put to these
things—and the Camorra. The cry, taken up by the
unbought press, swept from the Gulf of Genoa to the
Adriatic and to the Straits of Messina. The ears of
the bureaucracy burned. Even Giolitti, the prime
minister, listened. The government put its ear to the
ground and heard the rumble of a political earthquake.
They are shrewd, these Italian politicians.
Instantly a bulletin was issued that the government
had determined to exterminate the Camorra once and
for all time. The honest and eager King found support
ready to his hand and sent for the General commanding
the Carabinieri and intrusted the matter to
him personally. The General at once ordered Captain
Carlo Fabbroni to go to Naples and see what
could be done. Fabbroni went, summoning first Erminio
Capezzuti and Giuseppi Farris, non-commissioned
officers of the rank of Maresciallo,[15]
sleuths of no mean order. In two months Capezzuti had ensnared Gennaro
Abattemaggio, a petty thief and
blackmailer and an insignificant member of the Camorra,
and induced him to turn informer against the
society, and the house of Ascrittore was searched and
a draft of what it was planned that he should testify
to upon the charges against De Angelis and Amodeo
was discovered written in the hand of Ippolito, the Delegato
of Police! Thereupon the spy, Parlati, and
Ascrittore were both arrested and thrown into prison
on the charge of calumny. Vittozzi, the priest, was
arrested for blackmail, and his residence was rummaged
with the result that quantities of obscene
photographs and pictures were discovered among the
holy man’s effects! Abattemaggio made a full confession
and testified that the five diners at “Mimi a
Mare”—the first arrested—had planned the murders
and were awaiting at the inn to hear the good news
of their accomplishment.
According to his testimony, Cuocolo and his wife
had been doomed to death by the central Council of
the Camorra for treachery to the society and its decrees.
Cuocolo, ostensibly a dealer in antiquities,
was known to have for many years planned and organized
the more important burglaries executed by
his inferiors. Owing to his acquaintance with many
wealthy persons and aristocrats he was able to furnish
plans of their homes and the information necessary
successfully to carry out his criminal schemes.
In course of time he married Marie Cutinelli, a woman
of doubtful reputation, known as “La Bella Sorrentina.”
She, for her part, purchased immunity for
Cuocolo by her relations with certain police officials,
and her house became the scene of Camorrist debauchery.
Thus, gradually, Cuocolo in turn affiliated
himself with the police as a spy, and, to secure himself,
occasionally betrayed an inferior member of the society.
He also grew arrogant, defied the mandates of
the heads of the society and cheated his fellows out of
their share of the booty. For these and various other
offences he was doomed to death by the Camorrist
tribunal of high justice, at a meeting held upon May
26, 1906, and presided over by Enrico Alfano. He
and his wife—who otherwise would have betrayed the
assassins to the police—were thereupon stabbed to
death, as related above, on the night of June 5, 1906,
by divers members of the Camorra. The adventures
of Capezzuti, who, to accomplish his ends, became
a companion of the canaille of Naples, form a thrilling
narrative. For our present purposes it is enough
to say that in due course he formed the acquaintance
of Abattemaggio, visited him in prison, and secured
from him a list of the Camorrists and full information
relative to the inner officers and workings of the
organization.
Meanwhile Enrico Alfano having been released
from custody had for a while lived in Naples in his
usual haunts, but, on learning that the Carabinieri
had been ordered to take a hand in investigating the
situation, he had gone first into hiding at Afragola,
a village near Naples, and had afterward fled to
New York, where he had been arrested later in the
year by Detective Petrosino and sent back to Havre,
while Italian police officers were on their way to
America to take him back to Naples. Luckily, the
French government was notified in time, so that he
was turned over to the Italian government instead
of being set at liberty, and was delivered to the Carabinieri
in June, 1907, at Bardonacchia, on the
frontier, together with fourteen other criminals who
were being expelled from French territory. Then
Capezzuti, armed with the confession of Abattemaggio,
made a clean sweep of all the Camorrists
against whom any evidence could be obtained and
conducted wholesale raids upon their homes and
hiding places, with the result that Rapi and the
others were all arrested over again.
During the next four years the Carabinieri found
themselves blocked at every turn owing to the machinations
of the Camorra. Abattemaggio made several
independent confessions, and many false and fruitless
leads had to be run down. The police (“Public
Safety”) were secretly hostile to the Carabinieri
and hindered instead of helped them. Indeed, they
assisted actively in the defence of the Camorra. Important
documents were purloined. Evidence disappeared.
Divers magistrates carried on separate investigations,
kept the evidence to themselves, and
connived at the misconduct of the police. The Delegato
Ippolito and his officers were tried upon the denunciation
of Captain Fabbroni, and were all acquitted,
for the Carabinieri were not called as witnesses,
and the public prosecutor who had asked for
a three-year jail sentence did not even appeal the
case! Each side charged the other with incompetence
and corruption and—nothing happened.
The defendants, numbering thirty-six in all, were
finally brought to trial at the Assize Court at Viterbo,
forty miles from Rome, in the spring of 1911, and at
the present time[16]
the proceedings are still going on.
The case is, in fact, one of the most sensational on
record and the newspapers of the civilized world have
vied with one another in keeping it in the public eye
during the year or more that has elapsed since the
jury were empanelled, but there is no direct evidence
as to the perpetrators of the homicides, and,
unfortunately, unless the jury find that some of the
Camorristi in the cage actually planned and executed
the murder of the Cuocolos, the consequences
to the defendants will not be serious, as mere “association
for delinquency” with which most of them
are charged is punishable with a shorter term of imprisonment
than that which will have been suffered
by the accused before the conclusion of their trial.
Under Article 40 of the Italian Penal Code, the defendants
get credit for this period, so that in most
instances a verdict of guilty at Viterbo would be followed
by the immediate discharge of the prisoners.[17]
This is the case with Rapi—although the evidence
has brought out a new offence for which he may still
be prosecuted. And, as blackmail, for which that
astounding rascal, Don Ciro Vittozzi, is being tried,
is punishable with but three to five years imprisonment,
“that Holy Man,” as he is termed by Alfano,
will probably never be compelled to retire to a governmental
cloister.
But whatever the result of the trial, it is quite unlikely
that the prosecution will have any lasting effect
upon the Camorra, for while this cage full of petty
criminals has engaged and is engaging the entire resources
of the Italian government a thousand or so
others have come into being, and an equal number
have grown to manhood and as picciotti have filled the
places temporarily left vacant by their incarcerated
superiors. Nay, it is even probable that the public
exploitation of the activities of the society will give
it a new standing and an increased fascination for
the unemployed youth of Naples.
It is not unnatural that a young, enthusiastic, and
self-confident people should regard with condescension,
if not contempt, the institutions of foreign, if
older, societies. Americans very generally suffer
from the illusion that liberty was not discovered prior
to 1776, and that their country enjoys a monopoly
of it. Even experienced and conservative editorial
writers sometimes unconsciously fall victims to the
provincial trait of decrying methods, procedures, and
systems simply because they are not our own. Without,
the writer believes, a single exception, the newspapers
of the United States have indulged in torrents
of bitter criticism at the manner in which the trial of
the Camorra prisoners at Viterbo is being conducted,
and have commonly compared the court itself to a
“bear garden,” a “circus,” or a “cage of monkeys.”
Wherever the matter has been the subject of discussion
or comment, the tone has been always the same,
with the implied, if unexpressed, suggestion that if
the prosecution were being conducted here the world
would see how quickly and effectively we would dispose
of the case—and this with the memory of the
Thaw and Patterson trials fresh in our minds. The
following editorial from the New York Times, printed
in March of this year, is by no means extreme as compared
with the views expressed in other newspapers,
and seems to indicate the popular impression of the
manner in which this trial is being carried on:
Our own methods of criminal procedure have long been the
object of severe and just criticism, and in our exaggerated and
insincere fear of convicting the innocent we have made the
conviction of the guilty always difficult and often impossible.
Quite unknown in our criminal courts, however, and fortunately,
are such strange scenes as are presented daily at the
trial of the Camorrists now going on in Italy.
There the law is so little confident of its own powers that
the accused are herded together in one steel cage, apparently
with the idea of preventing attempts at rescue by a public
largely sympathetic with organized robbery and assassination,
while the witness for the prosecution is secluded in another
cage, lest he be torn to pieces by the prisoners or their friends.
The pleadings on each side seem to consist largely of denunciations
and threats aimed at the other, tears of rage alternate
with shrieks of the same origin, and order is only occasionally
restored, when the din rises too high, by the curiously
gentle expedient of suspending the session of the court.
How justice is to be the outcome of proceedings such as
these, and thus conducted, may be comprehensible to what is
called—with little reason—the Latin mind, but others are
lost in amazement. It is all highly interesting, no doubt, but
one is no more likely to regret that we do not carry on our
trials in this way than he is to be sorry that our criminals
are not such important and powerful persons as the members
of the Camorra seem to be.
Only one fact stands out clearly at Viterbo—the fact that
the attack on the banded brigands has been so long delayed
that the authority of the law can not now be vindicated without
producing a sort of civil war. Which ought to be humiliating
for somebody.
Only one conclusion could have been reached by
the half million readers of this particular editorial,
and that—the immense superiority of our own legal
procedure and method of handling criminal business
over those of Italy.
Yet (to examine the statements in this editorial
seriatim) it is not true that scenes similar to those
enacted at Viterbo are unknown in our criminal
courts; that the lack of confidence of the authorities
in their own power is the cause of the prisoners being
confined in court in a steel cage; that the public is
“largely sympathetic with organized robbery and assassination”;
and that tears and shrieks of rage alternate
to create a pandemonium which can be stilled
only by adjourning court; and, while there is enough
justification in fact to give color to such an editorial,
the only extenuation for its exaggeration and the
false impression it creates lies in the charitable view
that the writer had an equally blind confidence in
the sincerity of his resident Italian correspondent and
in the latter’s cabled accounts of what was going on.
Unfortunately, the reporters at Viterbo have sent
in only the most sensational accounts of the proceedings,
since, unless their “stuff” is good copy, the expense
of collecting and cabling European news deprives
it of a market. The press men at Viterbo
have given the American editors just what they
wanted. Such opportunities occur only once or
twice in a lifetime, and they have fully availed themselves
of it.
Then, to the false and exaggerated cable of the
correspondent the “write-up man” lends his imagination;
significant and important facts are omitted
altogether, and the public is led to believe that an
Italian criminal trial consists of a yelling bandit in a
straitjacket, with a hysterical judge and frenzied
lawyer abusing each other’s character and ancestry.
Let the writer state, at the outset, that he has never
in his legal experience seen a judge presiding with
greater courtesy, patience, fairness, or ability, or
keeping, as a general rule, under all the circumstances,
so perfect a control over his court, as the president
of the assize in which the prosecution of the Camorra
is being conducted; nor is he familiar with any legal
procedure better fitted to ascertain the truth of the
charges being tried.
In studying the Camorra trial at Viterbo, or any
other Italian or French criminal proceeding, the
reader must bear in mind that there is a fundamental
distinction between them and our own, and that
there are two great and theoretically entirely different
systems of criminal procedure, one of which is
the offspring of the Imperial Roman law and the other
entirely Anglo-Saxon. One is the Roman or inquisitorial
system, and the other the English or controversial.
Under the former the officers of the state
are charged with the duty of ferreting out and punishing
crime wherever found, and the means placed
at their disposal are those likely to be most effective
for the purpose. The theory of the latter is that, to
some extent at least, a criminal trial is the result of
a dispute between two persons, one the accuser and
the other the accused, and that the proceeding savors
of a private law-suit. Now, it is obvious that, in
principle at least, the two systems differ materially.
In the one, the only thing originally considered was
the best way to find out whether a criminal were
guilty and to lock him up, irrespective of whether
or not any private individual had brought an accusation
against him. In the other, somebody had to
make a complaint and “get his law” by going after
it himself to a very considerable extent.
The history of the development of these diverse
theories of criminal procedure is too involved to be
discussed here at any length, but inasmuch as the
most natural way of ascertaining whether or not a
person has been guilty of a crime is to question him
about it, the leading feature of the Continental system
is the “question,” or inquisitorial nature of the
proceedings, whereby the police authorities, who are
burdened with the discovery and prosecution of
crime, initiate the whole matter and bring the defendant
and their witnesses before an examining magistrate
in the first instance. The procureur (district
attorney) in France and the procuratore del re in Italy
represent the government and are part of the magistracy.
They are actually quasi-judicial in their character,
and their powers are infinitely greater than
those of our own prosecutors, who occupy a rather
anomalous position, akin in some ways to that of a
procureur, and at the same time, under our controversial
practice, acting as partisan attorneys for the
people or the complainant.
The fundamental proposition under the inquisitorial
system is that the proceeding is the government’s business,
to be conducted by its officers by means of such investigations and
interrogations as will most likely get at the truth. Obviously, the
quickest and surest means of determining the guilt of a defendant
is to put him through an exhaustive examination as soon as possible
after the crime, under such surroundings that, while his rights will
be safeguarded, the information at his disposal will be elicited for
the benefit of the public. The fact that in the past the Spanish
Inquisition made use of the rack and wheel, or that to-day the “third
degree” is freely availed of by the American police, argues nothing
against the desirability of a public oral examination of a defendant in
a criminal case. If he be given, under our law, the right to testify,
why should he be privileged to remain silent?
The Anglo-Saxon procedure, growing up at a time
when death was the punishment for almost every
sort of offence, and when torture was freely used to
extort confessions of guilt, developed an extraordinary
tenderness for accused persons, which has
to-day been so refined and extended by legislation
in America that there is a strong feeling among lawyers
(including President Taft) that there is much
in our practice which has outlived its usefulness, and
that some elements of Latin procedure, including the
compulsory interrogation of defendants in criminal
cases, have a good deal to recommend them.
A French or Italian criminal trial, therefore, must
be approached with the full understanding that it
is a governmental investigation, free from many of
the rules of evidence which Bentham said made the
English procedure “admirably adapted to the exclusion
of the truth.” The judge is charged with the
duty of conducting the case. He does all the questioning.
There is no such thing as cross-examination
at all in our sense, that is to say, a partisan examination
to show that the witness is a liar. The
judge is there for the purpose of determining that
question so far as he can, and the jury are not compelled
to listen to days of monotonous interrogation
during which the witness is obliged to repeat the
same evidence over and over again, and testify as to
the most minute details, under the dawdling of lawyers
paid by the day, who not only “take time, but
trespass upon eternity.”
Such a trial is conducted very much as if the judge
were a private individual who had discovered that
one of his employees had been guilty of a theft and
was trying to ascertain the identity of the guilty
party. Practically anything tending to shed light
upon the matter is acceptable as evidence, and the
suspected person is regarded as the most important
witness that can be procured. Finally, and in natural
course, comes the confronting of accuser and accused.
Then fellow-servant on the one hand, or formal
accuser upon the other, steps forward, and they go
at it “hammer and tongs,” revealing to their master,
the public, or the jury, the very bottom of their souls;
for no man, least of all an Italian, can engage an antagonist
in debate over the question of his own guilt
without disclosing exactly what manner of man he is.
With these preliminary considerations upon the
fundamental distinction between the Latin and the
Anglo-Saxon criminal procedure, and without discussing
which theory, on general principles, is best
calculated to arrive at a definite and effective conclusion
as to the guilt of an accused, let us enter the
ancient Church of San Francesco at Viterbo, and
listen for a moment to the trial of the thirty-six
members of the Neapolitan Camorra.
It is a cool spring morning, and the small crowd
which daily gathers to watch the arrival of the prisoners
in their black-covered wagons has dispersed; the
guard of infantry has marched back to the Rocca,
once the castle of the popes and now a barracks;
and only a couple of carabinieri stand before the door,
their white-gloved hands clasped before their belts.
Inside, in the extreme rear of the church, you find
yourself in a small inclosure seating a couple of hundred
people, and a foot or so lower than the level of
the rest of the building. This is full of visitors from
Rome, wives of lawyers, townspeople, and a scattering
of English and American motorists. A rail separates
this—the only provision for spectators—from
the real court. (At the Thaw and Patterson trials
the guests of the participants and officials swarmed
all over the court-room, around and beside the jury-box,
inside the rail at which the prisoners were seated,
and occasionally even shared the dais with the judge.)
We will assume that the proceedings have not yet
begun, and that the advocates in their black gowns
are chatting among themselves or conferring with
their clients through the bars of the cage, which is
built into the right-hand side of the church and completely
fills it. This cage, by the way, is an absolute
necessity where large numbers of prisoners are tried
together. The custom of isolating the defendant in
some such fashion is not peculiar to Italy, but is in
use in our own country as well; and if one attends a
criminal trial in the city of Boston he will see the
accused elevated in a kind of temporary cell in the
middle of the court-room, and looking as if he were
suspended in a sort of human bird-cage. Where, as
in most jurisdictions of the United States, every defendant
can demand a separate trial as of right (which
he almost inevitably does demand), no inconvenience
is to be anticipated from allowing him his temporary
freedom while in the court-room in the custody of
an officer. But there are many cases, where three
or more defendants are tried together, when, even
in New York City, there is considerable danger that
the prisoners may seek the opportunity to carry out
a vendetta against the witnesses or to revenge themselves
upon judge or prosecutor. There is much to
be said in favor of isolating defendants in some such
way, particularly where they are on trial for atrocious
crimes or are likely to prove insane. The Camorrists
at Viterbo have already been incarcerated
for over four years—one of them died in prison—and
were they accessible in the court-room to their
relatives or criminal associates and could thus procure
fire-arms or knives, there is no prophesying what
the result might be to themselves or others. Certain
it is that the chief witness, the informer Abbatemaggio,
would have met a speedy death before any
of his testimony had been given.
On the opposite or left side of the church, in an
elevated box, sit the jury, who keep their hats on
throughout the proceedings. They are respectable-looking
citizens, rather more prepossessing than one
of our own petit juries and slightly less so than twelve
men drawn from one of the New York City special
panels. At the end or apex of the church is a curved
bench or dais with five seats. In the middle, under
the dome, are four rows of desks, with chairs, at
which sit the advocates, one or more for each
prisoner. The only gallery, which is above and
behind the jury-box, is given over to the press. At
all the doors and the ends of the aisles, at each side
of the judges’ dais, and in front of the prisoners’
cage stand carabinieri, in their picturesque uniforms
and cocked hats with red and blue cockades, and a
captain of carabinieri stands beside each witness as
he gives his testimony. Thus the court, which is in
the form of a cross, is naturally divided into four
parts and a centre: in front the spectators, on the
right the prisoners, on the left the jury, between
them the lawyers, and at the end the judges and
officers of the assize. A mellow light filters down
from above, rather trying to the eyes.
The Camorrists, heavily shackled, are brought in
from a side entrance, each in custody of two carabinieri,
their chains are removed, the prisoners are
thrust behind the bars, and the guards step to one
side and remain crowded around and behind the cage
during the session. In a separate steel cage sits Abbatemaggio,
the informer, at an oblique distance of
about five feet from the other prisoners. A guard
stands between the two cages. If one meets a file of
these prisoners in one of the corridors, he will be surprised,
and perhaps embarrassed, to find that each,
as he approaches, will raise his shackled hands to his
head, remove his hat, and bow courteously, with a
“Buon giorno” or “Buona sera.” While this may be
one of the universal customs of a polite country, one
cannot help feeling that it is partly due to an instinctive
desire of the accused for recognition as human
beings. All are scrupulously clean and dressed in the
heights of Italian fashion. In fact, the Camorrists
are much the best-dressed persons in the court-room,
and the judicial officials, when off duty and in fustian,
look a shade shabby by contrast. The funds of the
Camorrists seem adequate both for obtaining witnesses
and retaining lawyers; and the difference between
one’s mental pictures of a lot of Neapolitan
thieves and cutthroats and the apotheosized defendants
on trial is at first somewhat startling. Looking
at them across the court-room, they give the impression
of being exceptionally intelligent and smartly
dressed men—not unlike a section of the grandstand
taken haphazard at a National League game. Closer
scrutiny reveals the merciless lines in most of the
faces, and the catlike shiftiness of the eyes.
As for the lawyers,—the avvocati,—they seem very
much like any group of American civil lawyers and
distinctly superior to the practitioners in our criminal
courts. Many are young and hope to win their
spurs in this celebrated case. Others are old warhorses
whose fortunes are tied up with those of the
Camorra. At least one such, Avvocato Lioy, is of
necessity giving his services for nothing. But it is
when the avvocato rises to address the court that the
distinction between him and his American brother becomes
obvious; for he is an expert speaker, trained
in diction, enunciation, and delivery, and rarely in
our own country (save on the stage or in the pulpit)
will one hear such uniform fluency and eloquence.
Nor is the speech of the advocate less convincing for
its excellence, for these young men put a fire and
zeal into what they say that compel attention.
Now, if the prisoners are all seated, the captain of
carabinieri raps upon the floor with his scabbard, and
the occupants of the room, prisoners, advocates, jury,
and spectators, rise as the president, vice-president,
prosecutor, vice-prosecutor, and cancelliere enter in
their robes. The president makes a bow, the others
bow a little, the lawyers bow, and everybody sits
down—that is to say, everybody who has arisen; for
Don Ciro Vitozzi and “Professor” Rapi, who sit
outside and in front of the cage (the “professor” has
already been confined longer than any term to which
he could be sentenced, and both have pleaded sickness
as an excuse for leniency), make a point of showing
their superiority to the vulgar herd by waiting
until the last moment and then giving a partial but
ineffectual motion as if to stand.
The five men upon the dais are, however, worthy
of considerable attention. The president, who occupies
the centre seat, is a stout, heavily built,
“stocky” man with a brownish-gray beard. In his
robes he is an imposing and dignified figure, in spite
of his lack of height. All wear gowns with red and
gold braid and tassels, and little round caps with red
“topknots” and gold bands. This last ornament is
omitted from the uniform of the cancelliere, who is
the official scribe or recorder of the court. And just
here is noticeable a feature which tends to accelerate
the proceedings, for there are no shorthand minutes
of the testimony, and only a rough digest of what
goes on is made. This is, for the most part, dictated
by the president, under the correction of the advocates
and the officers of the court, who courteously
interrupt if the record appears to them inaccurate.
If they raise no objection the record stands as given.
Thus thousands of pages of generally useless matter
are done away with, and the record remains more
like the “notes” of a careful and painstaking English
judge. Any particular bit of testimony or the
gist of it can usually be found very quickly, without
(as in our own courts of law) the stenographer having
to wade through hundreds of pages of questions
and answers before the matter wanted can be unearthed,
buried, like as not, under an avalanche of
objections, exceptions, wrangles of counsel, and irrelevant
or “stricken out” testimony.
At the left of the semicircle sits the acting procuratore
del re—another small man who, on the bench,
makes a wonderfully dignified impression. He plays
almost as important a part in the proceedings as the
president himself, and is treated with almost equal
consideration. This is Cavaliere Santaro, one of the
most learned and eloquent lawyers in Italy. To hear
him argue a point in his crisp, clean-cut, melodious
voice is to realize how far superior Italian public
speaking is to the kind of oratory prevalent in our
courts, and national legislature, and on most public
occasions throughout the United States. Beside both
the president and the procuratore del re sits a “vice,”
or assistant, to each, to take his place when absent
and to act as associate at other times. The cancelliere
occupies the seat upon the right nearest the prisoners’
cage.
The president having taken his place, the first
order of the day is the reading or revision of all or
part of the record of the preceding session. This is
done by the cancelliere who, from time to time, is
interrupted by the lawyers, Abbatemaggio, or the
prisoners. These interruptions are usually to the
point, and are quickly disposed of by the judge, although
he may allow an argument thereon at some
length from one of the advocates. The court then
proceeds with the introduction of evidence, documentary
or otherwise, the examination of the witnesses,
or the confronting of the prisoners with their
accusers. Now is immediately observable for the
first time the characteristic of Italian criminal procedure
which has been so much misrepresented and
has been the cause of such adverse criticism in the
United States and England—namely, the constant
interruption of the proceedings by argument or comment
from the lawyers, and by remarks and contradictions
from the prisoners and witnesses. These occasionally
degenerate into altercations of a more or
less personal nature; but they are generally stilled
at a single word of caution from the judge, and serve
to bring out and accentuate the different points at
issue and to make clear the position of the different
parties. When such interruptions occur, the proceedings
ordinarily resemble a joint discussion going
on among a fairly large gathering of people presided
over by a skilful moderator.
A witness is testifying. In the middle of it (and
“it” consists of not only what the witness has seen,
but what he has been told and believes) one of the
prisoners rises and cries out:
“That is not so! He is a liar! Abbatemaggio
swore thus and so.”
“Nothing of the kind!” retorts the witness impatiently.
“Yes! Yes!” or “No! No!” chime in the advocates.
“Excellency! Excellency!” exclaims Abbatemaggio
himself, jumping to his feet in his cage. “I said
in my testimony that Cuocolo did accuse Erricone,”
etc. And he goes on for two or three minutes, explaining
just what he did or did not say or mean,
while the president listens until he has had sufficient
enlightenment, and stops him with a sharp “Basta!”
(“Enough!”).
The incident (whatever its nature) usually tends
to elucidate the matter, and while to an outsider,
especially one not familiar with Italian dialects, the
effect may be one of temporary confusion, it is nevertheless
not as disorderly as it seems, and the president
rarely (so far as the writer could see during many
days of observation) loses complete command of his
court, or permits any one to go on talking unless for
a clear and useful purpose. At times, when everybody
seemed to be talking at once, and several lawyers,
Abbatemaggio, and one or two prisoners were
on their feet together, his handling of the situation
was little short of marvellous, for he would almost
simultaneously silence one with a sharp “S-s-s!”
shake his head at another, direct a third to sit down,
and listen to a fourth until he stilled him with a well-directed
“Basta!” When the shouting is over, one
usually finds that who is the liar has been pretty
clearly demonstrated.
In this connection, however, it should be said that
the writer was perhaps fortunate (or unfortunate, as
the reader may prefer) in not being present on those
days when the scenes of greatest excitement and confusion
occurred. Several times, it is true, President
Bianchi has preferred to adjourn court entirely on
account of the uproar, rather than take extreme
measures against individual defendants or witnesses.
Thus, during the entire conduct of the case and in
spite of the grossest provocation, he has ordered the
forcible removal of only three defendants—that of
Morro on June 21, 1911, and of Alfano and Abbatemaggio
on July 21, 1911. On several other occasions
he has adopted the more gentle expedient of adjourning
the proceedings and clearing the court, and this
has resulted in a certain amount of criticism from the
Italian bar, which otherwise regards his presiding as
a model of efficiency. The only adverse comment
that the writer has heard in Italy, either of the president
or the procuratore del re, is that both are somewhat
lenient toward the conduct of the prisoners and
their advocates, and lack strength in dealing with
exigencies of the character just described. In the
long run, however, if such criticism be just, such an
attitude is bound to be in favor of justice, and will
irresistibly convince the public and the world at large
that this is no attempt on the part of the government
to “railroad” a lot of suspected undesirables at any
cost, whatever the evidence may be.
Before commenting too harshly upon this mote in
the eye of Italian procedure, it may not be unwise to
consider whether any similar beam exists in our own.
Certainly there is a deal of interruption, contradiction,
and disputation in our own criminal courts
which sometimes is not only undignified, but frequently
ends in an unseemly dispute between judge
and lawyers. Contempt of court is very general in
the United States, and we have practically no means
for punishing it. Moreover, these scenes in our own
courts do not usually assist in getting at the truth.
With us, once a witness has spoken and his testimony
has become a matter of record, whether he has
said what he meant to say or not (under the complicated
questions put in examination and cross-examination),
or whether or not he has succeeded in giving
an accurate impression of what he saw or knows, he
is hustled out of the way and made to keep silence.
He has little, if any, chance to explain or annotate his
testimony. A defendant may go to jail or be turned
loose on the community because the witness really
didn’t get a chance to tell his own story in his own
way. Now, the witness’s own story in precisely his
own way is just what they are looking for under the
inquisitorial procedure, and if he is misinterpreted
they want to know it. The process may take longer,
but it makes for getting at the truth, and the Italians
regard a criminal trial as of even more importance
than do some of our judges, who often seem more
anxious to get through a record-breaking calendar
and “dispose of” a huge batch of cases than to get
at the exact facts in any particular one. There is
nothing “hit or miss” about the Continental method.
Whatever its shortcomings, whatever its limitations
to the cold Anglo-Saxon mind, it brings out all the
details and the witness’s reasons. At an Italian trial
a witness might testify (and his evidence be considered
as important) that he heard sounds of a scuffle
and a man’s voice exclaim, “You have stabbed me,
Adolfo!” that somebody darted across the street and
into an alley, that an old woman whom he identifies
in court as the deceased’s mother, and who was
standing beside him, cried out, “That is my son’s
voice!” and that three or four persons came running
up from several different locations, each of whom
described, circumstantially and independently, a
murder which he had seen perpetrated, identifying
the assassin by name.
In America it is doubtful whether in most jurisdictions
the witness would be permitted to testify
to anything except that he heard a scuffle, saw a
man run away, and that an old woman and several
other people thereupon said something.
It must not be supposed that the trial of the Camorra
is being conducted with the calm of a New
England Sabbath service; but the writer wishes to
emphasize the fact that the confusion, such as it is,
serves a certain purpose, and that the yellings and
heartrending outcries described by the newspaper
correspondents are only occasional and much exaggerated—except
in so far as they might occur at
an Italian trial in America. Any one who has been
present at many murder trials in New York knows
that outbreaks on the part of Italian prisoners are
to be anticipated and are frequent if not customary.
The writer recalls more than one case where the defendant
shrieked and rolled on the floor, clutching at
the legs of tables, chairs, and officers, until dragged
by main force from the court-room. And at Viterbo
they are trying thirty-six Italians at the same time;
and every person participating in or connected with
the affair is an Italian, sharing in the excitability and
emotional temperament of his fellows.
A noteworthy feature of this particular prosecution
is that (due doubtless to the strength and ability
of the presiding judge), in spite of all interruptions
and the freedom of discussion, the taking of evidence
proceeds with a rapidity greater than in America, for
the reason that there are no objections or exceptions,
or attendant argument, and, above all, no cross-examination,
except such questions as are put by the judge
himself at the request of the advocates.
Finally, the system of the confronto, or confronting
of the accused by his accuser, deserves a word of
commendation, for no method could possibly be devised
whereby the real character and comparative
truthfulness of each would be so readily disclosed.
The defendant is given on this occasion free scope
to cross-examine the witness and deny or refute what
he says, and it takes ordinarily but a few minutes
before the mask is torn aside and each pictures himself
in his true colors. Our procedure tends to deprive
the witnesses of personality and to reduce them all
to a row of preternaturally solemn and formal puppets.
It is probably true that in most criminal cases
in America the defendant is convicted or acquitted
without the jury having any very clear idea of what
sort of person he really is. On the day of his trial
the prisoner makes a careful toilet, is cleanly shaved,
and dons a new suit of clothes and fresh linen. The
chances are that, as he sits at the bar of justice, he
will make at least as good and very possibly a more
favorable impression upon the jury than the witnesses
against him, who have far less at stake than he. Each
takes the stand and is sworn to tell the truth, so far
as they will be permitted to do so under our rules of
evidence. Then the district attorney proceeds to
try to extract their story of the crime under a storm
of objections, exceptions, and hasty rulings from the
judge. Then the prisoner’s lawyer (who can take
all the liberties he wants, as the State has no appeal
in case of an acquittal) proceeds to mix things up
generally by an unfair and confusing cross-examination.
At last the defendant is called, and marches
to the stand, looking like an early Christian martyr.
He is carefully interrogated by his lawyer, who permits
him (if he be wise) to do nothing but deny the
salient facts against him. The district attorney, to
be sure, has the right of cross-examination, but a skilful
criminal lawyer has plenty of opportunities to
“nurse” his client along and guide him over pitfalls;
and when all is over the jury have formed no valuable
or accurate impression of the defendant’s real character
and personality—whether or not, in other
words, he is the kind of man who would have done
such a thing.
In Italy (to use vulgar English) they “sic” them
at each other and let them fight it out, and while the
language of the participants is often not parliamentary,
the knowledge that they are being watched by
the judge and jury has a restraining effect, and the
presence of the carabinieri makes violence no more
likely than in our own courts. Occasionally, in America,
where a prisoner insists on conducting his own
defence, a similar scene may be witnessed—always, it
may be affirmed, to the enlightenment of the jury.
On the other hand, most confrontations are attended
with few sensational incidents or emotional outbreaks.
The writer was fortunate enough to be present
when “Professor” Rapi was confronted by Gennaro
Abbatemaggio, and, to his surprise, found that the
proceeding, instead of being interspersed with yells
of rage and vehement invocations to Heaven,
closely resembled a somewhat personal argument between
two highly intelligent and deeply interested
men of affairs. Whatever may be Rapi’s real character
(and he is said to supply a large part of the
brains of the Camorra, as well as handling all its
funds), he is, as he stands up in court, a fine-looking,
elegantly dressed man, of polished manners and
speech. If the evidence against him is to be believed,
however, his mask of gentility covers a heart of mediæval
cruelty and cunning, for he is alleged to have
made the plans and given the final directions to Sortino
for the murder of the Cuocolos. Rapi is a celebrated
gambler, and as such may have had the acquaintance
of some decadent members of the Italian
aristocracy, who not only knew him in the betting
ring at the races, but frequented his establishment in
Naples, which he called the “Southern Italy Club.”
In 1875, at the age of eighteen, he won against four
hundred candidates the position of instructor in classical
languages in the municipality of Naples. Some
ten years later, in 1884, he moved with his parents
to France. At this time he was suspected of having
something to do with the murder of a Camorrist
youth, named Giacomo Pasquino, who, in fact, was
killed in a duel with a fellow member of the society.
From that time on Rapi became a professional
gambler, and as such was expelled from France in
1902. Later he returned to Naples and opened a sort
of “Canfield’s” there. At any rate, he boasts that it
was the centre of attraction for dukes and princes.
That he had any sort of acquaintance with or admission
to aristocratic circles is entirely untrue; but
he certainly was a figure in the fast life of the town,
and used what position he had to further the ends
of the Camorra. It is alleged that he was the actual
treasurer of the Camorra, and disbursed the funds
of its central organization, apportioning the proceeds
of robberies and burglaries among the participants,
and acting as head receiver for all stolen goods.
Certainly he was a friend of “Erricone” and an associate
of well-known Camorrists, and he was one of
the five arrested immediately after the Cuocolo murders
on suspicion of complicity, because of his known
presence on the night of the crime at Torre del Greco,
not far from the place where the murder of Gennaro
Cuocolo was perpetrated. For fifty-two days he remained
in prison, and was then set at liberty through
the efforts of Father Ciro Vitozzi. He continued to
reside in Naples until April, 1908, when the French
decree against him was cancelled and he returned to
Paris, after holding a sort of informal levee at the
Naples railroad station, where many persons of local
distinction, journalists, and others came to see him
off. It was in the following June that he says he read
in a Paris paper that his departure from Naples was
regarded as a flight. He wired to the procuratore del
re at Naples, offering to place himself absolutely at
the disposition of the authorities; but, receiving no
response, he returned by train to Naples to present
himself before the magistrates. He was promptly
arrested en route, and for four years has been in jail,
being questioned by the authorities on only three
occasions during that period. He claims that at the
time of the murder he was living in England, and his
elaborate alibi is supported by a number of witnesses
whose testimony is more or less relevant.
Without dilating on the individual history of this
sleek gentleman, be he merely gambler or full-fledged
accomplice in many murders, it is enough to say that
when confronted by Abbatemaggio he conducted
himself with the most suave and courteous moderation.
Alternately he would politely engage the informer
in argument or ask him a question or two,
and then in polished sentences would address the
jury and spectators.
He is the antithesis of Abbatemaggio, who has an
insolent confidence and braggadocio about him that
carry with them a certain first-hand impression of
sincerity. In fact, the fiery little black-haired coachman
has proved so convincing to the public that the
Camorrists have been driven to allege that he is mad.
He gives no indication of madness, however, although
the government, to refute any such contention, has
an alienist, Professor Otto Lenghi, in court to keep
him under constant surveillance. His memory is astonishing
and uncannily accurate. His mind works
with marvellous rapidity, and had he been born in a
different environment he would have made his mark
in almost any line that he might have chosen. He
has all the instincts and tricks of the actor, is a master
of repartee, extremely witty, with a tongue like
a razor, and delights the spectators with his sallies
and impertinences. Altogether Abbatemaggio is the
centre of attraction at Viterbo—and knows it. He
makes the court wait on his health and convenience,
and has evidently made up his mind that, if his life
is to be short, he will at least make it as merry as possible.
Naturally he is a sort of popular idol, and a
confronto in which he is one of the participants
draws a crowd of the townspeople, who applaud his
gibes and epigrams and jeer at his Camorrist opponent.
On the afternoon of the Rapi-Abbatemaggio confronto
the “Professor” arose with great dignity,
bowed low to the court and jury, folded his hands
over his stomach, and faced the audience with an air
of patient resignation. Then the captain of carabinieri
unlocked Abbatemaggio’s cage, and the little
coachman sprang to his feet, gave a twirl to his moustache
and a contemptuous glance at Rapi as if to say,
“Look at the old faker! See how I shall show him
up!”
With an attitude respectful toward the court and
scornful toward Rapi, he takes his stand by the procuratore
del re and awaits his antagonist’s attack.
The “Professor” accosts him gently, almost pathetically.
Abbatemaggio answers in cold, unsympathetic
tones that tell the spectators that they must
not be deceived by the oily address of this arch-conspirator.
But Rapi, with his magnificent voice, is a
foe to be reckoned with, and presently he enters upon
a denunciation of the informer that is distinctly eloquent
and full of vehement sarcasm. Abbatemaggio
flushes and interrupts him, the “Professor” attempts
to proceed, but the little coachman sweeps him out
of the way and pours forth a rapid-fire volley of Neapolitan
dialect in which he accuses Rapi of being a
hypocrite and a liar and a man who lives on the criminality
of others, referring specifically to various enterprises
in which they have both been engaged as
partners. He pauses for breath, and Rapi plunges
in, contradicting, denouncing, and accusing in turn.
The prisoners by interjectory exclamations show their
approval.
“Sh-sh-sh!” remarks il presidente, raising a finger.
“Excellency! Excellency!” exclaims Abbatemaggio
deprecatingly, as if pained that the judge should be
compelled to listen to such an outburst.
Presently he can restrain himself no longer, and
both he and Rapi begin simultaneously to harangue
the court, until the president orders Abbatemaggio
to stop and the captain of carabinieri touches Rapi
on the shoulder. The latter is now reduced to tears
and wrings his hands as he calls his aged mother to
witness that he is an innocent man! Soon order is
restored, and the confronto concludes with a sort of
summing up of his defence on the part of the “Professor.”
It is a model of rhetoric, rather too carefully
calculated to appear as sincere as his previous
outbursts. He calls down the curses of God upon Abbatemaggio,
who listens contemptuously; he protests
the purity of his life and motives; he weeps at
the irony of fate that keeps him—the merest object
of suspicion—confined in a loathsome prison.
Then he bows and resumes his seat by the side of
Father Ciro Vitozzi, to whom, amid the laughter of
the spectators, he has referred as “that holy man
there.” And, apart from the argument between him
and Abbatemaggio, there has really been no more
denunciation, no more emotion, no more tears, than
if an ordinary criminal attorney in a New York City
court were summing up an important case.
Court adjourns. No sooner has the judge departed
than an outcry is heard from the cage.
“I am tired—tired—tired!” exclaims an agonized
voice. “I have been in prison for five years! Everybody
else talks and I have to listen. I am not allowed
to speak, and nothing ever happens! It is interminable!
I cannot stand it!”
It is “Erricone” having one of his periodical moments
of relief. After all, one is not inclined to
blame him very much, for there is a good deal of
truth in what he says—owing to the way the case
was bungled in its earlier stages. The carabinieri
rush up, “Erricone” is pacified by his fellow Camorrists,
and quiet is restored. One inquires if there is
generally any more excitement than has just occurred,
and is told that it has been quite a sensational day,
but then—that “Erricone” is always “yelling.” A
good many defendants make a noise and carry on—and
so do their relatives—after court has adjourned,
in America.
One is in doubt whether to believe Abbatemaggio
on the one hand or Rapi on the other, and ends by
concluding that it would be utterly impossible to
believe either. Both were acting, both playing to the
gallery. You know Rapi is a crook, and—well you
wouldn’t trust Abbatemaggio, either, around the corner.
And, after all, it is the word of the one against
that of the other so far as any particular defendant
is concerned. But one fixed impression remains—that
of the aplomb, intelligence, and cleverness of
these men, and the danger to a society in which they
and their associates follow crime as a profession.
Once more you study the faces of the well-dressed
prisoners in the cage, of the four alleged assassins of
Cuocolo—Morra, Sortino, de Gennaro, and Cerrato;
of Giuseppe Salvi, the murderer of Maria Cutinelli;
of Luigi Fucci, the dummy head of the Camorra; of
“Erricone” Alfano, the wolfish supreme chief and
dictator of the society; of Luigi Arena, the captain
of the Neapolitan burglars; of that mediæval rascal,
“Father” Ciro Vitozzi, the most picturesque
figure of the lot; of Desiderio, head of petty blackmailing
and tribute-levying industry; of Maria Stendardo,
whose house was a Camorrist hell; and of
Rapi, the gambling “professor” and “Moriarty” of
Naples—and you know instinctively that, whether
as an abstract proposition Abbatemaggio conveys an
impression of absolute honesty or not, what he has
said is true and that this is the Camorra—the real
Camorra, vile, heartless, treacherous!
Then, if you were asked to give your impressions
of the way the trial was being carried on, you would
probably say that, considering the magnitude of the
task involved, the mass of evidence (there are forty
volumes of the preliminary examinations), the great
number of prisoners and the multitude of witnesses,
and the latitude allowed under the Italian law in the
matter of taking testimony, the trial was being conducted
considerably faster than would be probable in
America under like conditions; that the methods followed
are admirably calculated to ascertain the truth
or falsity of the charges; that the judge presides with
extreme fairness, courtesy, and ability; that, all things
considered, there is, as a rule, less confusion or disorder
than would be naturally expected—that, in a
word, the Italian government is making a good job
of it, and deserves to be congratulated.
Indeed, so far as the procedure is concerned, it is
not so very different from our own, and, were it not
for the presence of the uniforms of the carabinieri
and the officers of infantry in the court-room, and
the huge cage in which the prisoners are confined,
one could easily imagine one’s self in a court in America.
The conduct of the trial is far more free, far less
formal, than with us—a fact which, the writer believes,
makes in the end for effectiveness, although the excitability
of the Italian temperament occasionally
creates something of an uproar, which calls for a
suspension of proceedings. Doubtless the prisoners
give vent to cries of rage and humiliation; perhaps
one or two of them in the course of the trial may
faint or have fits (such things happen with us); the
judge and lawyers may squabble, and accuser and accused
roundly curse each other. Such things could
hardly help occurring in a trial lasting, perhaps, a year.
In fact, deaths and births have occurred among them
during this period, for Ciro Alfano has passed away
and Maria Stendardo has given birth to a child; but,
on the whole, there is probably no more excitement,
no more confusion, no more bombast, and vastly less
sensationalism than if thirty-six members of the Black
Hand were being tried en masse in one of our own
criminal courts for a double murder, involving the
existence of a criminal society whose ramifications
extended into the national legislature and whose affiliations
embraced the leaders of a local political
organization and many officials and members of the
New York police.
There are a million and a half of Italians in the
United States, of whom nearly six hundred thousand
reside in New York City—more than in Rome itself.
Naples alone of all the cities of Italy has so large an
Italian population; while Boston has one hundred
thousand, Philadelphia one hundred thousand, San
Francisco seventy thousand, New Orleans seventy
thousand, Chicago sixty thousand, Denver twenty-five
thousand, Pittsburgh twenty-five thousand, Baltimore
twenty thousand, and there are extensive
colonies, often numbering as many as ten thousand,
in several other cities.
So vast a foreign-born population is bound to contain
elements of both strength and weakness. The
north Italians are molto simpatici to the American
character, and many of their national traits are singularly
like our own, for they are honest, thrifty, industrious,
law-abiding, and good-natured. The Italians
from the extreme south of the peninsula have fewer
of these qualities, and are apt to be ignorant, lazy,
destitute, and superstitious. A considerable percentage,
especially of those from the cities, are criminal.
Even for a long time after landing in America, the
Calabrians and Sicilians often exhibit a lack of enlightenment
more characteristic of the Middle Ages
than of the twentieth century.
At home they have lived in a tumble-down stone
hut about fifteen feet square, half open to the sky
(its only saving quality); in one corner the entire
family sleeping in a promiscuous pile on a bed of
leaves; in another a domestic zoo consisting of half
a dozen hens, a cock, a goat, and a donkey. They
neither read, think, nor exchange ideas. The sight
of a uniform means to them either a tax-gatherer, a
compulsory enlistment in the army, or an arrest, and
at its appearance the man will run and the wife and
children turn into stone. They are stubborn and
distrustful. They are the same as they were a thousand
or more years gone by.
When the writer was acting as an assistant prosecutor
in New York County, a young Italian, barely
twenty years of age, was brought to the bar charged
with assault with intent to kill. The complainant
was a withered Sicilian woman who claimed to be
his wife. Both spoke an almost unintelligible dialect.
The case on its face was simple enough. An officer
testified that on a Sunday morning in Mulberry Bend
Park, at a distance of about fifty feet from where he
was standing, he saw the defendant, who had been
walking peaceably with the complaining witness, suddenly
draw a long and deadly looking knife and proceed
to slash her about the head and arms. It had
taken the officer but a moment or two to seize the
defendant from behind and disarm him, but in the
meantime he had inflicted some eleven wounds upon
her body. No explanation had been offered for this
terrible assault, and the complainant had appeared
involuntarily before the Grand Jury and afterward
had to be kept in the House of Detention as a hostile
witness. The woman, who appeared to be about
fifty years old, was sworn, and on being questioned
stated that she had been married to the defendant
in Sicily three years before. She declined to admit
that he had attacked or harmed her in any way, constantly
mumbling: “He is my husband. Do not
punish him!”
The defendant, however, seemed eager to get on
the stand and to tell his story; nor did the introduction
of the knife in evidence or the exhibition of the
woman’s wounds embarrass him in the slightest degree.
His manner was that of a man who had only
to explain to be entirely exonerated from blame. He
nodded at the jury and the judge, and scowled at the
complainant, who was speedily conducted to a place
where no harm could possibly come to her. When
at last he was sworn, he could hardly restrain himself
into coherency.
“Yes—that woman forced me to marry her!” he
testified in substance. “But in the eyes of God I
am not her husband, for she bewitched me! Else
would I have married an old crone who could not
have borne me children? When her spells weakened
I left her and came to America. Here I met the
woman I love,—Rosina,—and as I had been bewitched
into the other marriage, we lived together
as man and wife for two years. Then one day a
friend told me that the old woman had followed me
over the sea and was going to throw her spells upon
me again. But I did not inform Rosina of these
things. The next evening she told me that an old
woman had been to the house and asked for me. For
days my first wife lurked in the neighborhood, beseeching
me to come back to her. But I told her that
in the eyes of God she was not my wife. Then, in
revenge, she cast the evil eye upon the child—sul
bambino—and for six weeks it ailed and then died.
Again the witch asked me to go with her, and again
I refused. This time she cast her evil eye upon my
wife—and Rosina grew pale and sick and took to her
bed. There was only one thing to do, you understand.
I resolved to slay her, just as you—giudici—would
have done. I bought a carving-knife and
sharpened it, and asked her to walk with me to the
park, and I would have killed her had not the police
prevented me. Wherefore, O giudici! I pray you to
recall her and permit me to kill her or to decree that
she be hung!”
This case illustrates the depths of ignorance and
superstition that are occasionally to be found among
Italian peasant immigrants. Another actual experience
may demonstrate the mediæval treachery of
which the Sicilian Mafiuso is capable, and how little
his manners or ideals have progressed in the last
five hundred years or so.
A photographer and his wife, both from Palermo,
came to New York and rented a comfortable home
with which was connected a “studio.” In the course
of time a young man—a Mafiuso from Palermo—was
engaged as an assistant, and promptly fell in
love with the photographer’s wife. She was tired
of her husband, and together they plotted the latter’s
murder. After various plans had been considered
and rejected, they determined on poison, and the
assistant procured enough cyanide of mercury to kill
a hundred photographers, and turned it over to his
mistress to administer to the victim in his “Marsala.”
But at the last moment her hand lost its courage
and she weakly sewed the poison up for future use
inside the ticking of the feather bolster on the marital
bed.
This was not at all to the liking of her lover, who
thereupon took matters into his own hands, by hiring
another Mafiuso to remove the photographer with
a knife-thrust through the heart. In order that the
assassin might have a favorable opportunity to effect
his object, the assistant, who posed as a devoted
friend of his employer, invited the couple to a
Christmas festival at his own apartment. Here they
all spent an animated and friendly evening together,
drinking toasts and singing Christmas carols, and
toward midnight the party broke up with mutual
protestations of regard. If the writer remembers
accurately, the evidence was that the two men embraced
and kissed each other. After a series of farewells
the photographer started home. It was a clear
moonlight night with the streets covered with a glistening
fall of snow. The wife, singing a song, walked
arm in arm with her husband until they came to a
corner where a jutting wall cast a deep shadow across
the sidewalk. At this point she stepped a little ahead
of him, and at the same moment the hired assassin
slipped up behind the victim and drove his knife
into his back. The wife shrieked. The husband
staggered and fell, and the “bravo” fled.
The police arrived, and so did an ambulance, which
removed the hysterical wife and the transfixed victim
to a hospital. Luckily the ambulance surgeon
did not remove the knife, and his failure to do so
saved the life of the photographer, who in consequence
practically lost no blood and whose cortex
was skilfully hooked up by a dextrous surgeon. In
a month he was out. In another the police had caught
the would-be murderer and he was soon convicted
and sentenced to State prison, under a contract with
the assistant to be paid two hundred and fifty dollars
for each year he had to serve. Evidently the lover
and his mistress concluded that the photographer
bore a charmed life, for they made no further homicidal
attempts.
So much for the story as an illustration of the mediæval
character of some of our Sicilian immigrants.
For the satisfaction of the reader’s taste for the romantic
and picturesque it should be added, however,
that the matter did not end here. The convict, having
served several years, found that the photographer’s
assistant was not keeping his part of the contract,
as a result of which the assassin’s wife and children
were suffering for lack of food and clothing.
He made repeated but fruitless attempts to compel
the party of the first part to pay up, and finally, in
despair, wrote to the District Attorney of New York
County that he could, if he would, a tale unfold that
would harrow up almost anybody’s soul. Mr. Jerome
therefore, on the gamble of getting something worth
while, sent Detective Russo to Auburn to interview
the prisoner. That is how the whole story came to
be known. The case was put in the writer’s hands,
and an indictment for the very unusual crime of attempted
murder (there are only one or two such
cases on record in New York State) was speedily
found against the photographer’s assistant. At the
trial the lover saw his mistress compelled to turn
State’s evidence against him to save herself. She
testified to the Christmas carols and the cyanide of
mercury.
“Did you ever remove this terrible poison from
the bolster?” demanded the defendant’s counsel in
a sneering tone.
“No,” answered the woman.
“Have you ever changed the bolster?” he persisted.
“No.”
“Then it’s there yet?”
“I—I think so,” falteringly.
“I demand that this incredible yarn be investigated!”
cried the lawyer. “I ask that the court send
for the bolster and cut it open here in the presence of
the jury.”
The writer had no choice but to accede to this request,
and the bolster was hunted down and brought
into court. With some anxiety both sides watched
while the lining was slit with a penknife. A few
feathers fluttered to the floor as the fingers of the witness
felt inside and came in contact with the poison.
The assistant was convicted of attempted murder on
the convict’s testimony, and sentenced to Sing Sing
for twenty-five years. That was the end of the second
lesson.
About a month afterward the defendant’s counsel
made a motion for a new trial on the ground that the
convict now admitted his testimony to have been
wholly false, and produced an affidavit from the assassin
to that effect. Naturally so startling an allegation
demanded investigation. Yes, insisted the
“bravo,” it was all made up, a “camorra”—not a
word of truth in it, and he had invented the whole
thing in order to get a vacation from State prison
and a free ride to New York. However, the court
denied the motion. The writer procured a new indictment
against the assassin—this time for perjury—and
he was sentenced to another additional term
in prison. What induced this sudden and extraordinary
change of mind on his part can only be surmised.
These two cases are extreme examples of the mediævalism
that to a considerable degree prevails in
New York City, probably in Chicago and Boston,
and wherever there is an excessive south Italian
population.
The conditions under which a large number of
Italians live in this country are favorable not only
to the continuance of ignorance, but to the development
of disease and crime. Naples is bad enough,
no doubt. The people there are poverty-stricken
and homeless. But in New York City they are worse
than homeless. It is better far to sleep under the
stars than in a stuffy room with ten or twelve other
persons. Let the reader climb the stairs of some of
the tenements in Elizabeth Street, or go through
those in Union Street, Brooklyn, and he will get first-hand
evidence. This is generally true of the lower
class of Italians throughout the United States,
whether in the city or country. They live under
worse conditions than at home. You may go through
the railroad camps and see twenty men sleeping together
in a one-room hut of lath, tar-paper, and
clay. The writer knows of one Italian laborer in
Massachusetts who slept in a floorless mud hovel
about six feet square, with one hole to go in and out
by and another in the roof for ventilation—in order
to save $1.75 per month. All honor to him! Garibaldi
was of just such stuff, only he suffered in a better
cause. In Naples the young folks are out all day
in the sun. Here they are indoors all the year
round. For the consequences of this change see Dr.
Peccorini’s article in the Forum for January, 1911,
on the tuberculosis that soon develops among Italians
who abroad were accustomed to live in the country
but here are forced to exist in tenements.
Now, for historic reasons, these south Italians
hate and distrust all governmental control and despise
any appeal to the ordinary tribunals of justice
to assert a right or to remedy a wrong. It has been
justly said by a celebrated Italian writer that, in
effect, there is some instinct for civil war in the heart
of every Italian. The insufferable tyranny of the
Bourbon dynasty made every outlaw dear to the
hearts of the oppressed people of the Kingdom of the
Two Sicilies. Even if he robbed them, they felt that
he was the lesser of two evils, and sheltered him
from the authorities. Out of this feeling grew the
“Omertà,” which paralyzes the arm of justice both
in Naples and Sicily. The late Marion Crawford
thus summed up the Sicilian code of honor:
According to this code, a man who appeals to the law
against his fellow man is not only a fool but a coward, and he
who cannot take care of himself without the protection of the
police is both.... It is reckoned as cowardly to betray an
offender to justice, even though the offence be against one’s
self, as it would be not to avenge an injury by violence. It
is regarded as dastardly and contemptible in a wounded man
to betray the name of his assailant, because if he recovers he
must naturally expect to take vengeance himself. A rhymed
Sicilian proverb sums up this principle, the supposed speaker
being one who has been stabbed. “If I live, I will kill thee,”
it says; “if I die, I forgive thee!”
Any one who has had anything to do with the administration
of criminal justice in a city with a large
Italian population must have found himself constantly
hampered by precisely this same “Omertà.”
The south Italian feels obliged to conceal the name
of the assassin and very likely his person, though he
himself be but an accidental witness of the crime;
and, while the writer knows of no instance in New
York City where an innocent man has gone to prison
himself rather than betray a criminal, Signor Cutera,
formerly chief of police in Palermo, states that there
have been many cases in Sicily where men have suffered
long terms of penal servitude and even have
died in prison rather than give information to the
police.
In point of fact, however, the “Omertà” is not
confined to Italians. It is a common attribute of all
who are opposed to authority of any kind, including
small boys and criminals, and with the latter arises
no more from a half chivalrous loyalty to their fellows
than it does from hatred of the police and a uniform
desire to block their efforts (even if a personal adversary
should go unpunished in consequence), fear that
complaint made or assistance given to the authorities
will result in vengeance being taken upon the complainant
by some comrade or relative of the accused,
distrust of the ability of the police to do anything
anyway, disgust at the delay involved, and lastly,
if not chiefly, the realization that as a witness in a
court of justice the informer as a professional criminal
would have little or no standing or credence, and
in addition would, under cross-examination, be compelled
to lay bare the secrets of his unsavory past,
perhaps resulting indirectly in a term in prison for
himself.[18]
Thus may be accounted for much of the
supposed “romantic, if misguided, chivalry” of the
south Italian. It is common both to him and to the
Bowery tough. The writer knew personally a professional
crook who was twice almost shot to pieces
in Chatham Square, New York City, and who persistently
declined, even on his dying bed, to give a
hint of the identity of his assassins, announcing that
if he got well he “would attend to that little matter
himself.” Much of the romance surrounding crime
and criminals, on examination, “fades into the light
of common day”—the obvious product not of idealism,
but of well-calculated self-interest.
As illustrating the backwardness of our Italian
fellow-citizens in coming forward when the criminality
of one of their countrymen is at stake, the
last three cases of kidnapping in New York City
may be mentioned.
About a year and a half ago the little boy of Dr.
Scimeca, of 2 Prince Street, New York, was taken
from his home. From outside sources the police
heard that the child had been stolen, but, although
he was receiving constant letters and telephonic communications
from the kidnappers, Dr. Scimeca would
not give them any information. It is known on
pretty good authority that the sum of $10,000 was
at first demanded as a ransom, and was lowered by
degrees to $5,000, $2,500, and finally to $1,700. Dr.
Scimeca at last made terms with the kidnappers,
and was told to go one evening to City Park, where
he is said to have handed $1,700 to a stranger. The
child was found wandering aimlessly in the streets
next day, after a detention of nearly three months.
The second case was that of Vincenzo Sabello, a
grocer of 386 Broome Street, who lost his little boy
on August 26, 1911. After thirty days he reported
the matter to the police, but shortly after tried to
throw them off the track by saying that he had been
mistaken, that the boy had not been kidnapped, and
that he wished no assistance. Finally he ordered
the detectives out of his place. About a month later
the child was recovered, but not, according to reliable
information, until Mr. Sabello had handed over
$2,500.
Pending the recovery of the Sabello boy, a third
child was stolen from the top floor of a house at 119
Elizabeth Street. The father, Leonardo Quartiano,
reported the disappearance, and in answer to questions
stated that he had received no letters or telephone
messages. “Why should I?” he inquired, with
uplifted hands and the most guileless demeanor. “I
am poor! I am a humble fishmonger.” In point of
fact, Quartiano at the time had a pocketful of blackmail
letters, and after four weeks paid a good ransom
and got back his boy.
It is impossible to estimate correctly the number
of Italian criminals in America or their influence
upon our police statistics; but in several classes of
crime the Italians furnish from fifteen to fifty per
cent of those convicted. In murder, assault with intent
to kill, blackmail, and extortion they head the
list, as well as in certain other offences unnecessary
to describe more fully but prevalent in Naples and
the South.
Joseph Petrosino, the able and fearless officer of
New York police who was murdered in Palermo
while in the service of the country of his adoption,
was, while he lived, our greatest guaranty of protection
against the Italian criminal. But Petrosino is
gone. The fear of him no longer will deter Italian
ex-convicts from seeking asylum in the United States.
He once told the writer that there were five thousand
Italian ex-convicts in New York City alone, of whom
he knew a large proportion by sight and name.[19]
Signor Ferrero, the noted historian, is reported to have stated, on
his recent visit to America, that there were thirty thousand Italian
criminals in New York City. Whatever their actual number, there are
quite enough at all events.
By far the greater portion of these criminals,
whether ex-convicts or novices, are the products or
by-products of the influence of the two great secret
societies of southern Italy. These societies and the
unorganized criminal propensity and atmosphere
which they generate, are known as the “Mala
Vita.”
The Mafia, a purely Sicilian product, exerts a much
more obvious influence in America than the Camorra,
since the Mafia is powerful all over Sicily, while the
Camorra is practically confined to the city of Naples
and its environs. The Sicilians in America vastly
outnumber the Neapolitans. Thus in New York
City for every one Camorrist you will find seven
or eight Mafiusi. But they are all essentially of a
piece, and the artificial distinction between them in
Italy disappears entirely in America.
Historically the Mafia burst from a soil fertilized
by the blood of martyred patriots, and represented
the revolt of the people against all forms of the tyrannous
government of the Bourbons; but the fact
remains that, whatever its origin, the Mafia to-day
is a criminal organization, having, like the Camorra
for its ultimate object blackmail and extortion. Its
lower ranks are recruited from the scum of Palermo,
who, combining extraordinary physical courage with
the lowest type of viciousness, generally live by the
same means that supports the East Side “cadet”
in New York City, and who end either in prison or
on the dissecting-table, or gradually develop into
real Mafiusi and perhaps gain some influence.
It is, in addition, an ultra-successful criminal political
machine, which, under cover of a pseudo-principle,
deals in petty crime, wholesale blackmail, political
jobbery, and the sale of elections, and may
fairly be compared to the lowest types of politico-criminal
clubs or societies in New York City. In
Palermo it is made up of “gangs” of toughs and criminals,
not unlike the Camorrist gangs of Naples, but
without their organization, and is kept together by
personal allegiance to some leader. Such a leader is
almost always under the patronage of a “boss” in
New York or a padrone in Italy, who uses his influence
to protect the members of the gang when in legal difficulties
and find them jobs when out of work and in
need of funds. Thus the “boss” can rely on the
gang’s assistance in elections in return for favors at
other times. Such gangs may act in harmony or be
in open hostility or conflict with one another, but all
are united as against the police, and exhibit much
the same sort of “Omertà” in Chatham Square as
in Palermo. The difference between the Mafia and
Camorra and the “gangs” of New York City lies in
the fact that the latter are so much less numerous
and powerful, and bribery and corruption so much
less prevalent, that they can exert no practical influence
in politics outside the Board of Aldermen,
whereas the Italian societies of the Mala Vita exert
an influence everywhere—in the Chamber of Deputies,
the Cabinet, and even closer to the King. In
fact, political corruption has been and still is of a
character in Italy luckily unknown in America—not
in the amounts of money paid over (which are large
enough), but in the calm and matter-of-fact attitude
adopted toward the subject in Parliament and elsewhere.
The overwhelming majority of Italian criminals
in this country come from Sicily, Calabria, Naples,
and its environs. They have lived, most of their
lives, upon the ignorance, fear, and superstitions of
their fellow-countrymen. They know that so long
as they confine their criminal operations to Italians
of the lower class they need have little terror of the
law, since, if need be, their victims will harbor them
from the police and perjure themselves in their defence.
For the ignorant Italian brings to this country
with him the same attitude toward government
and the same distrust of the law that characterized
him and his fellow-townsmen at home, the same
Omertà that makes it so difficult to convict any Italian
of a serious offence. The Italian crook is quick-witted
and soon grasps the legal situation. He finds
his fellow countrymen prospering, for they are generally
a hard-working and thrifty lot, and he proceeds
to levy tribute on them just as he did in Naples
or Palermo. If they refuse his demands, stabbing
or bomb-throwing show that he has lost none of his
ferocity. Where they are of the most ignorant type
he threatens them with the “evil eye,” the “curse
of God,” or even with sorceries. The number of
Italians who can be thus terrorized is astonishing.
Of course, the mere possibility of such things argues
a state of mediævalism. But mere mediævalism
would be comparatively unimportant did it not supply
the principal element favorable to the growth
of the Mala Vita, apprehended with so much dread
by many of the citizens of the United States.
Now, what are the phases of the Mala Vita—the
Camorra, the Black Hand, the Mafia—which are
to-day observable in the United States and which
may reasonably be anticipated in the future?
In the first place, it may be safely said that of the
Camorra in its historic sense—the Camorra of the
ritual, of the “Capo in Testa” and “Capo in Trino,”
highly organized with a self-perpetuating body of
officers acting under a supreme head—there is no
trace. Indeed, as has already been explained, this
phase of the Camorra, save in the prisons, is practically
over, even in Naples. But of the Mala Vita
there is evidence enough.
Every large city, where people exist under unwholesome
conditions, has some such phenomenon. In
Palermo we have the traditional Mafia—a state of,
mind, if you will, ineradicable and all-pervasive.
Naples festers with the Camorra as with a venereal
disease, its whole body politic infected with it, so
that its very breath is foul and its moral eyesight
astigmatized. In Paris we find the Apache, abortive
offspring of prostitution and brutality, the twin
brother of the Camorrista. In New York there are
the “gangs,” composed of pimps, thugs, cheap
thieves, and hangers-on of criminals, which rise and
wane in power according to the honesty and efficiency
of the police, and who, from time to time, hold
much the same relations to police captains and inspectors
as the various gangs of the Neapolitan Camorra
do to commissaries and delegati of the “Public
Safety.” Corresponding to these, we have the
“Black Hand” gangs among the Italian population
of our largest cities. Sometimes the two coalesce,
so that in the second generation we occasionally find
an Italian, like Paul Kelly, leading a gang composed
of other Italians, Irish-Americans, and “tough guys”
of all nationalities. But the genuine Black Hander
(the real Camorrist or “Mafioso”) works alone or
with two or three of his fellow-countrymen.
Curiously enough, there is a society of criminal
young men in New York City who are almost the
exact counterpart of the Apaches of Paris. They are
known by the euphonious name of “Waps” or
“Jacks.” These are young Italian-Americans who
allow themselves to be supported by one or two
women, almost never of their own race. These pimps
affect a peculiar cut of hair, and dress with half-turned-up
velvet collar, not unlike the old-time Camorrist,
and have manners and customs of their
own. They frequent the lowest order of dance-halls,
and are easily known by their picturesque styles of
dancing, of which the most popular is yclept the
“Nigger.” They form one variety of the many
“gangs” that infest the city, are as quick to flash a
knife as the Apaches, and, as a cult by themselves,
form an interesting sociological study.
The majority of the followers of the Mala Vita—the
Black Handers—are not actually of Italian birth,
but belong to the second generation. As children
they avoid school, later haunt “pool” parlors and
saloons, and soon become infected with a desire for
“easy money,” which makes them glad to follow the
lead of some experienced capo maestra. To them he
is a sort of demi-god, and they readily become his
clients in crime, taking their wages in experience or
whatever part of the proceeds he doles out to them.
Usually the “boss” tells them nothing of the inner
workings of his plots. They are merely instructed to
deliver a letter or to blow up a tenement. The same
name is used by the Black Hander to-day for his
“assistant” or “apprentice” who actually commits
a crime as that by which he was known under the
Bourbons in 1820. In those early days the secondgrade
member of the Camorra was known as a picciotto.
To-day the apprentice or “helper” of the
Black Hander is termed a picciott’ in the clipped dialect
of the South. But the picciotto of New York is
never raised to the grade of Camorrista, since the
organization of the Camorra has never been transferred
to this country. Instead he becomes in course
of time a sort of bully or bad man on his own hook, a
criminal “swell,” who does no manual labor, rarely
commits a crime with his own hands, and lives by
his brain. Such a one was Micelli Palliozzi, arrested
for the kidnapping of the Scimeco and Sabello children
mentioned above—a dandy who did nothing
but swagger around the Italian quarter.
Generally each capo maestra works for himself with
his own handful of followers, who may or may not
enjoy his confidence, and each gang has its own territory,
held sacred by the others. The leaders all
know each other, but never trespass upon the others’
preserves, and rarely attempt to blackmail or terrorize
any one but Italians. They gather around them
associates from their own part of Italy, or the sons of
men whom they have known at home. Thus for a
long time Costabili was leader of the Calabrian Camorra
in New York, and held undisputed sway of
the territory south of Houston Street as far as Canal
Street and from Broadway to the East River. On
September 15, last, Costabili was caught with a bomb
in his hand, and he is now doing a three-year bit up
the river. Sic transit gloria mundi!
The Italian criminal and his American offspring
have a sincere contempt for American criminal law.
They are used by experience or tradition to arbitrary
police methods and prosecutions unhampered by
Anglo-Saxon rules of evidence. When the Italian
crook is actually brought to the bar of justice at home,
that he will “go” is generally a foregone conclusion.
There need be no complainant in Italy. The government
is the whole thing there. But, in America, if
the criminal can “reach” the complaining witness
or “call him off” he has nothing to worry about.
This he knows he can easily do through the terror of
the Camorra. And thus he knows that the chances
he takes are comparatively small, including that of
conviction if he is ever tried by a jury of his American
peers, who are loath to find a man guilty whose language
and motives they are unable to understand.
All this the young Camorrist is perfectly aware of
and gambles on.
One of the unique phenomena of the Mala Vita
in America is the class of Italians who are known as
“men of honor.” These are native Italians who have
been convicted of crime in their own country and
have either made their escape or served their terms.
Some of these may have been counterfeiters at home.
They come to America either as stokers, sailors, stewards,
or stowaways, and, while they can not get passports,
it is surprising how lax the authorities are in
permitting their escape. The spirit of the Italian
law is willing enough, but its fleshly enforcement is
curiously weak. Those who have money enough
manage to reach France or Holland and come over
first or second-class. The main fact is that they get
here—law or no law. Once they arrive in America,
they realize their opportunities and actually start in
to turn over a new leaf. They work hard; they
become honest. They may have been Camorrists or
Mafiusi at home, but they are so no longer. They
are “on the level,” and stay so; only—they are “men
of honor.” And what is the meaning of that? Simply
that they keep their mouths, eyes, and ears shut so
far as the Mala Vita is concerned. They are not
against it. They might even assist it passively.
Many of these erstwhile criminals pay through the
nose for respectability—the Camorrist after his
kind, the Mafius’ after his kind. Sometimes the
banker who is paying to a Camorrist is blackmailed
by a Mafius’. He straightway complains to his
own bad man, who goes to the “butter-in” and says
in effect: “Here! What are you doing? Don’t you
know So-and-So is under my protection?”
“Oh!” answers the Mafius’. “Is he? Well, if
that is so, I’ll leave him alone—as long as he is paying
for protection by somebody.”
The reader will observe how the silence of “the
man of honor” is not remotely associated with the
Omertà. As a rule, however, the “men of honor”
form a privileged and negatively righteous class, and
are let strictly alone by virtue of their evil past.
The number of south Italians who now occupy
positions of respectability in New York and who have
criminal records on the other side would astound even
their compatriots. Even several well-known business
men, bankers, journalists, and others have been
convicted of something or other in Italy. Occasionally
they have been sent to jail; more often they have
been convicted in their absence—condannati in contumacia—and
dare not return to their native land.
Sometimes the offences have been serious, others have
been merely technical. At least one popular Italian
banker in New York has been convicted of murder—but
the matter was arranged at home so that he treats
it in a humorous vein. Two other bankers are
fugitives from justice, and at least one editor.
To-day most of these men are really respectable
citizens. Of course some of them are a bad lot, but
they are known and avoided. Yet the fact that
even the better class of Italians in New York are
thoroughly familiar with the phenomena surrounding
the Mala Vita is favorable to the spread of a
certain amount of Camorrist activity. There are a
number of influential bosses, or capi maestra, who
are ready to undertake almost any kind of a job for
from twenty dollars up, or on a percentage. Here is
an illustration.
A well-known Italian importer in New York City
was owed the sum of three thousand dollars by another
Italian, to whom he had loaned the money
without security and who had abused his confidence.
Finding that the debtor intended to cheat him out
of the money, although he could easily have raised
the amount of the debt had he so wished, the importer
sent for a Camorrist and told him the story.
“You shall be paid,” said the Camorrist.
Two weeks later the importer was summoned to a
cellar on Mott Street. The Camorrist conducted
him down the stairs and opened the door. A candle-end
flaring on a barrel showed the room crowded
with rough-looking Italians and the debtor crouching
in a corner. The Camorrist motioned to the
terrified victim to seat himself by the barrel. No
word was spoken and amid deathly silence the man
obeyed. At last the Camorrist turned to the importer
and said:
“This man owes you three thousand dollars, I
believe.”
The importer nodded.
“Pay what you justly owe,” ordered the Camorrist.
Slowly the reluctant debtor produced a roll of
bills and counted them out upon the barrel-head. At
five hundred he stopped and looked at the Camorrist.
“Go on!” directed the latter.
So the other, with beads of sweat on his brow, continued
until he reached the two thousand-dollar
mark. Here the bills seemed exhausted. The importer
by this time began to feel a certain reticence
about his part in the matter—there might be some
widows and orphans somewhere. The bad man
looked inquiringly at him, and the importer mumbled
something to the effect that he “would let it
go at that.” But the bad man misunderstood what
his client had said and ordered the bankrupt to proceed.
So he did proceed to pull out another thousand
dollars from an inside pocket and add it to the
pile on the barrel-head. The Camorrist nodded,
picked up the money, recounted it, and removed
three hundred dollars, handing the rest to the importer.
“I have deducted the camorra,” said he.
The bravos formed a line along the cellar to the
door, and, as the importer passed on his way out,
each removed his hat and wished him a buona sera.
That importer certainly will never contribute toward
a society for the purpose of eradicating the “Black
Hand” from the city of New York. He says it is the
greatest thing he knows.
But the genuine Camorrist or Mafius’ would be
highly indignant at being called a “Black Hander.”
His is an ancient and honorable profession; he is no
common criminal, but a “man peculiarly sensitive in
matters of honor,” who for a consideration will see
that others keep their honorable agreements.
The writer has received authoritative reports of
three instances of extortion which are probably prototypes
of many other varieties. The first is interesting
because it shows a Mafius’ plying his regular
business and coming here for that precise purpose.
There is a large wholesale lemon trade in New York
City, and various growers in Italy compete for it.
Not long past, a well-dressed Italian of good appearance
and address rented an office in the World Building.
His name on the door bore the suffix “Agent.”
He was, indeed, a most effective one, and he secured
practically all the lemon business among the Italians
for his principals, for he was a famous capo mafia,
and his customers knew that if they did not buy from
the growers under his “protection” that something
might, and very probably would, happen to their
families in or near Palermo. At any rate, few of them
took any chances in the matter, and his trip to America
was a financial success.
In much the same way a notorious crook named
Lupo forced all the retail Italian grocers to buy from
him, although his prices were considerably higher
than those of his competitors.
Even Americans have not been slow to avail themselves
of Camorrist methods. There is a sewing-machine
company which sells its machines to Italian
families on the instalment plan. A regular agent solicits
the orders, places the machines, and collects
the initial dollar; but the moment a subscriber in
Mulberry Street falls in arrears his or her name is
placed on a black list, which is turned over by this
enterprising business house to a “collector,” who is
none other than the leading Camorrist, “bad man,”
or Black Hander of the neighborhood. A knock on
the door from his fist, followed by the connotative
expression on his face, results almost uniformly in
immediate payment of all that is due. Needless to
say, he gets his camorra—a good one—on the money
that otherwise might never be obtained.
It is probable that we should have this kind of
thing among the Italians in America even if the Neapolitan
Camorra and the Sicilian Mafia had never
existed, for it is the precise kind of crime that seems
to be spontaneously generated among a suspicious,
ignorant, and superstitious people. The Italian is
keenly alive to the dramatic, sensational, and picturesque;
he loves to intrigue, and will imagine plots
against him when none exists. If an Italian is late
for a business engagement the man with whom he
has his appointment will be convinced that there is
some conspiracy afoot, even if his friend has merely
been delayed by a block on the subway. Thus, he
is a good subject for any wily Iago that happens
along. The Italians in America are the most thrifty
of all our immigrant citizens. In five years their deposits
in the banks of New York State amounted to
over one hundred million dollars. The local Italian
crooks avail themselves of the universal fear of the
vendetta, and let it be generally known that trouble
will visit the banker or importer who does not “come
across” handsomely. In most cases these Black
Handers are ex-convicts with a pretty general reputation
as “bad men.” It is not necessary for them
to phrase their demands. The tradesman who is
honored with a morning call from one of this gentry
does not need to be told the object of the visit. The
mere presence of the fellow is a threat; and, if it is
not acceded to, the front of the building will probably
be blown out by a dynamite bomb in the course of
the next six weeks—whenever the gang of which the
bad man is the leader can get around to it. And the
bad man may perhaps have a still badder man who is
preying upon him. Very often one of these leaders
or bosses will run two or three groups, all operating
at the same time. They meet in the back rooms of
saloons behind locked doors, under pretence of wishing
to play a game of zecchinetta unmolested, or in the
gloaming in the middle of a city park or undeveloped
property on the outskirts. There the different members
of the gang get their orders and stations, and
perhaps a few dollars advance wages. It is naturally
quite impossible to guess the number of successful
and unsuccessful attempts at blackmail among Italians,
as the amount of undiscovered crime throughout
the country at large is incomputable. No word
of it comes from the lips of the victims, who are in
mortal terror of the vendetta—of meeting some
casual stranger on the street who will significantly
draw the forefinger of his right hand across his
throat.
There is rather more chance to find and convict
a kidnapper than a bomb-thrower, so that, as a means
of extortion, child-snatching is less popular than the
mere demand for the victim’s money or his life. On
the other hand it is probably much more effective in
accomplishing its result. But America will not stand
for kidnapping, and, although the latter occurs occasionally,
the number of cases is insignificant compared
with those in which dynamite is the chief factor.
In 1908, there were forty-four bomb outrages
reported in New York City. There were seventy arrests
and nine convictions. During the present year
(1911) there have been about sixty bomb cases, but
there have been none since September 8, since Detective
Carrao captured Rizzi, a picciott’, in the act
of lighting a bomb in the hallway of a tenement
house.
This case of Rizzi is an enlightening one for the
student of social conditions in New York, for Rizzi
was no Orsini, not even a Guy Fawkes, nor yet was he
an outlaw in his own name. He was simply a picciott’
(pronounced “pish-ot”) who did what he was told
in order that some other man who did know why
might carry out a threat to blow up somebody
who had refused to be blackmailed. It is practically
impossible to get inside the complicated emotions
and motives that lead a man to become an
understudy in dynamiting. Rizzi probably got well
paid; at any rate, he was constantly demonstrating
his fitness “to do big things in a big way,” and be
received into the small company of the elect—to go
forth and blackmail on his own hook and hire some
other picciott’ to set off the bombs.
Whoever the capo maestra that Rizzi worked for,
he was not only a deep-dyed villain, but a brainy
one. The gang hired a store and pretended to be engaged
in the milk business. They carried the bombs
in the steel trays holding the milk bottles and cans,
and, in the costume of peaceful vendors of the lacteal
fluid, they entered the tenements and did their damage
to such as failed to pay them tribute. The manner
of his capture was dramatic. A real milkman
for whom Rizzi had worked in the past was marked
out for slaughter. He had been blown up twice already.
While he slept his wife heard some one moving
in the hall. Looking out through a small window,
she saw the ex-employee fumble with something and
then turn out the gas on the landing. Her husband,
awakened by her exit and return, asked sleepily what
the matter was.
“I saw Rizzi out in the hall,” she answered. “It
was funny—he put out the light!”
In a moment the milkman was out of bed and gazing,
with his wife, into the street. They saw Rizzi
come down with his tray and pass out of sight. So
did a couple of Italian detectives from Head-quarters
who had been following him and now, at his very
heels, watched him enter another tenement, take a
bomb from his tray, and ignite a time fuse. They
caught him with the thing alight in his hand. Meanwhile
the other bomb had gone off and blown up the
milkman’s tenement.
There is some ancient history in regard to these
matters which ought to be retold in the light of
modern knowledge; for example, the case of Patti,
the Sicilian banker. He had a prosperous institution
in which were deposited the earnings of many
Italians, poor and wealthy. Lupo’s gang got after
him and demanded a large sum for “protection.” But
Patti had a disinclination to give up, and refused.
At the time his refusal was attributed to high civic
ideals, and he was lauded as a hero. Anyhow, he defied
the Mafia, laid in a stock of revolvers and rifles,
and rallied his friends around him. But the news got
abroad that Lupo was after Patti, and there was
a run on Patti’s bank. It was a big run, and some of
the depositors gesticulated and threatened—for Patti
couldn’t pay it all out in a minute. Then there was
some kind of a row, and Patti and his friends (claiming
that the Mafia had arrived) opened fire, killing
one man and wounding others. The newspapers
praised Patti for a brave and stalwart citizen. Maybe
he was. After the smoke had cleared away, however,
he disappeared with all his depositors’ money,
and now it has been discovered that the man he killed
was a depositor and not a Black Hander. The police
are still looking for him.
This case seems a fairly good illustration of the
endless opportunity for wrong-doing possible in a
state of society where extortion is permitted to exist—where
the laws are not enforced—where there
is a “higher” sanction than the code. Whether Patti
was a good or a bad man, he might easily have killed
an enemy in revenge and got off scot-free on the
mere claim that the other was blackmailing him;
just as an American in some parts of our country can
kill almost anybody and rely on being acquitted by
a jury, provided he is willing to swear that the deceased
had made improper advances to his wife.
The prevention of kidnapping, bomb-throwing, and
the other allied manifestations of the Black Hand
depends entirely upon the activity of the police—particularly
the Italian detectives, who should form
an inevitable part of the force in every large city.
The fact of the matter is that we never dreamed of a
real “Italian peril” (or, more accurately, a real “Sicilian
peril”) until about the year 1900. Then we
woke up to what was going on—it had already gone
a good way—and started in to put an end to it.
Petrosino did put an end to much of it, and at the
present time it is largely sporadic. Yet there will
always be a halo about the heads of the real Camorrists
and Mafiusi—the Alfanos and the Rapis—in
the eyes of their simple-minded countrymen in the
United States.
Occasionally one of these big guns arrives at an
American port of entry, coming first-class via Havre
or Liverpool, having made his exit from Italy without
a passport. Then the Camorrists of New York and
Brooklyn get busy for a month or so, raising money
for the boys at home and knowing that they will
reap their reward if ever they go back. The popular
method of collecting is for the principal capo maestra,
or temporary boss of Mulberry Street, to “give” a
banquet at which all “friends” must be present—at
five dollars per head. No one cares to be conspicuous
by reason of his absence, and the hero returns
to Italy with a large-sized draft on Naples or Palermo.
Meanwhile the criminal driven out of his own
country has but to secure transportation to New
York to find himself in a rich field for his activities;
and once he has landed and observed the
demoralization often existing from political or other
reasons in our local forces of police and our uncertain
methods of administering justice (particularly where
the defendant is a foreigner), he rapidly becomes
convinced that America is not only the country of
liberty but of license—to commit crime.
Most Italian crooks come to the United States not
merely some time or other, but at intervals. Practically
all of the Camorrist defendants on trial at
Viterbo have been in the United States, and all will
be here soon again, after their discharge, unless steps
are taken to keep them out. Luckily, it is a fact that
so much has been written in American newspapers
and periodicals in the past few years about the danger
of the Black Hand and the criminals from south
Italy that the authorities on the other side have allowed
a rumor to be circulated that the climate of
South America is peculiarly adapted to persons whose
lungs have become weakened from confinement in
prison. In fact, at the present time more Italian
criminals seek asylum in the Argentine than in the
United States. Theoretically, of course, as no convict
can procure a passport, none of them leave Italy
at all—but that is one of the humors of diplomacy.
The approved method among the continental countries
of Europe of getting rid of their criminals is to
induce them to “move on.” A lot of them keep
“moving on” until they land in America.
Of course, the police should be able to cope with
the Black Hand problem, and, with a free use of Italian
detectives who speak the dialects and know their
quarry, we may gradually, in the course of fifteen
years or so, see the entire disappearance of this
particular criminal phenomenon. But an ounce
of prevention is worth several tons of cure. Petrosino
claimed—not boastfully—that he could, with
proper deportation laws behind him, exterminate the
Black Hand throughout the United States in three
months.
But, as far as the future is concerned, a solution of
the problem exists—a solution so simple that only a
statesman could explain why it has not been adopted
long years ago. The statutes in force at Ellis Island
permit the exclusion of immigrants who have been
guilty of crimes involving moral turpitude in their
native land, but do not provide for the compulsory
production of the applicants’ “penal certificate”
under penalty of deportation. Every Italian emigrant
is obliged to secure a certified document from
the police authorities of his native place, giving his
entire criminal record or showing that he has had
none, and without it he can not obtain a passport.
For several years efforts have been made to insert
in our immigration laws a provision that every immigrant
from a country issuing such a certificate must
produce it before he can be sure of admission to the
United States. If this proposed law should be passed
by Congress the exclusion of Italian criminals would
be almost automatic. But if it or some similar provision
fails to become law, it is not too much to say
that we may well anticipate a Camorra of some sort
in every locality in our country having a large Italian
population. Yet government moves slowly, and action
halts while diplomacy sagely shakes its head
over the official cigarette.
A bill amending the present law to this effect has
received the enthusiastic approval of the immigration
authorities and of the President. At first the
Italian officials here and abroad expressed themselves
as heartily in sympathy with this proposed addition
to the excluded classes; but, once the bill was drawn
and submitted to Congress, some of these same officials
entered violent protests against it, on the ground
that such a provision discriminated unfairly against
Italy and the other countries issuing such certificates.
The result of this has been to delay all action
on the bill which is now being held in committee.
Meanwhile the Black Hander is arriving almost daily,
and we have no adequate laws to keep him out.
APPENDIX
Anxious for the actual facts, the writer asked an Italian
friend to secure an interview with Cavalier Tarantelli, Questor
of Florence, who for a long time was a functionary of the Public
Safety in Naples, and testified in this capacity, at Viterbo,
on August 9, 1911. In discussing the power of the Camorra,
the Questor, after having given it as his opinion that
the actual criminal organization had lost most of its unity,
said: “At present there exist what are called ‘combricole di
quartiere’ (conventicles of the quarters) small secret associations
of ‘camorristi’ belonging to the same quarter of Naples. Naturally
the different combricole in the different quarters of Naples
assist each other, as likewise do the different chiefs of the
quarters. Perhaps there is still a kind of hierarchy among
the chiefs as there may still exist a hierarchy among the ‘camorristi’
in the different quarters. These ‘camorristi’ are,
as a rule, bad characters, whose chief characteristics are immorality
and overbearing insolence, and who live accordingly.
They impose upon women and get money out of them; they
practice usury; they receive and hide stolen things. Naples
has now a special and intense criminality. The ‘camorristi’
are at present almost all habitual criminals. But the real so-called
‘act of camorra’ (atto d’camorra) is extortion, namely,
a price imposed upon those who fear individual or collective
imposition, either occult or open, on the part of the ‘Camorra.’
Every morning a ‘camorrista’ will go to the shopkeepers
and tradesmen of the quarter (quartiere) and collect
the price paid by him to be let alone. There are instances
even nowadays of people who go to the chief ‘camorrista’
of their quarter in order to have their persons and property
protected. This protection, however, is now more apparent
than real. For instance, it is much more difficult now than it
was formerly to find people who try to recover stolen property
[Pg 252]
by having recourse to the ‘Camorra’ rather than to the police.
The ‘camorristi’ are extremely numerous in Naples; at
funeral processions, for example, you may see thousands of
them. Songs are sung beneath the windows of prisons by the
friends and relatives of the prisoners as a means of communicating
with the latter. But this custom of ‘the songs’ is now
disappearing and the same may be said of the ‘dichiaramenti’
(kinds of challenges), and of the tribunal of the ‘Camorra.’
Some large meetings of ‘camorristi’ still take place now and
then. They will meet in some deserted place in the country
far away from the city or among the mountains. I shall not
deny that the judiciary of Naples is somewhat different from
that of Northern Italy. The former is sometimes exceedingly
indulgent, perhaps corrupt; that will explain the influence of
the ‘Camorra.’ It is no exaggeration to state that magistrates
in Naples are at times in awe of the ‘camorristi,’ and
especially of their friends who always appear as perfectly
honorable persons. It is a fact that the police now endeavor
to destroy the ‘Camorra,’ a thing which they would not even
have dreamt of a few years ago, and we must not forget that
the police consist for the most part of men from the South
of Italy. That there are officials and agents taking bribes
from secret associations for delinquency is well known, but,
of course, that does not occur in Naples or in Italy alone.
In Naples the ‘Camorra’ places itself at the disposal of those
who pay it, even in the case of elections. As a rule, it is the
candidates of the conservative parties who avail themselves of
the ‘Camorra.’ Thus, you see, even ministers and prefects
may avail themselves of it! At all events, these deplorable
facts are becoming less and less frequent. Let us hope they
may completely disappear! To the Socialist party, however,
must be given the credit of fighting against the ‘Camorra’ to
the best of its ability.”
This is an extraordinary admission for a public functionary
to make, and it is only fair to the Questor to state that his
interview was not made intentionally for publication. It is
what would be called in law an “admission against interest”
and is evidence of the weightiest character. One can read
between the lines that he but hints at the real state of things.
[Pg 253]
His opinion that the solidarity of the Camorra has been greatly
weakened seems to be borne out by many other evidences.
For example, the depositions of the informer Abattemaggio
are filled with detailed accounts of how various local “camorristi”
quarrelled over the division of their petty spoils, tricked
and cheated one another, and often betrayed each other to
the police. The day of the real camorrista,—he of the swift
dagger, the man of “heart,”—seems to be over and to have
given place to an era of filthy traders in vice, petty grafters,
blackmailers, and cheap thieves. But popular imagination
still surrounds these with the halo of romance and regards the
Camorra as “the friend of the people.”
[11]Publica Securezza, or Public Safety—the regular police.
[12]
The Italian Parliament approved in June last a bill proposed
by the government authorizing the establishment of 6,000 schools,
mainly in the southern provinces, at a cost of 250,000,000 lire
($50,000,000).
[17]
Ten or more have been liberated already on this ground.
[18]
Much more likely in Italy than in the United States.
[19]
Petrosino is a national hero in Italy, where he was known
as “Il Sherlock Holmes d’Italia”—“the Italian Sherlock Holmes.”
Many novels in which he figures as the central character have a wide
circulation there.
Transcriber’s Note.
1. Silently corrected simple spelling, grammar, and typographical
errors.
2. Retained anachronistic and non-standard spellings as printed.