One day in summer, when people whom I had been urging to behave in
some degree like human beings persisted in acting rather more like
the poor creatures who pass for men and women in most stage-plays, I
shut my manuscript in a drawer, and the next morning took an early
train into the city. I do not remember just what whim it was that led
me to visit the police court: perhaps I went because it was in the
dead vast and middle of the summer, and the town afforded little other
amusement; perhaps it was because, in my revolt against unreality, I
was in the humor to see life whose reality asserts itself every day in
the newspapers with indisputable force. If this was so, I was fated to
a measure of disappointment, for when the court opened this reality
often appeared no more substantial than the fiction with which I had
lost my patience at home. But I am bound to say that it was much more
entertaining, and that it was, so to speak, much more artistically
treated. It resolved itself into melodrama, or romantic tragedy,
having a prevailing comic interest, with moments of intensity, and
with effects so thrilling that I came away with a sense of the highest
theatrical illusion.
The police court in Boston is an upper room of the temple of justice,
and is a large, square, dismal-complexioned chamber, with the usual
seams and cracks configuring its walls and ceilings; its high,
curtainless windows were long glares of sunless light, crossed with
the fine drizzle of an easterly rain on the morning of my visit. About
one-third of the floor is allotted to spectators, and supplied with
benches of penitential severity; the remaining space is occupied by a
series of curved tables set in a horse-shoe, and by a raised platform,
railed off from the auditorium, as I may call it, and supporting in
successive gradations the clerk’s desk, on a very long, narrow table,
and the judge’s table and easy-chair. At either end of the table on
which the clerk’s desk was placed was a bar, representing in one case
the witness stand, and in the other the prisoner’s box; midway, the
clerk stood within a screen of open iron-work, hemmed in with books of
record and tin boxes full of docketed papers.
Outside of the railing were the desks of two officers of the court,
whose proper titles my unfamiliarity with the place disables me from
giving. They were both well in flesh, as I remember, and in spite of
their blue flannel suits and the exercise of a wise discretion, by
which one of them had discarded his waistcoat and neckcloth, they
visibly suffered from the moist, close heat which the storm outside had
driven into the court-room. From time to time one of them cried out,
“Silence!” to quell a restive movement in the audience; and once the
cravatless officer left his place, and came down to mine near the door,
and drove out the boys who were sitting round me. “Leave!” he shouted.
“This is no place for boys!” They went out obediently, and some others
just like them came in immediately and took their places. They might
have been the same boys, so far as any difference for the better in
their looks went. They were not pleasant to the eye, nor to any other
sense; and neither were the young men nor old men who for the rest
formed the audience of this free dramatic spectacle. Their coat-collars
came up above their shirt-collars; but, greasy as they were, the
observer could not regret this misfit when chance gave an occasional
glimpse of their linen—or their cotton, to be exact. For the most
part, they wore their hair very short, and exposed necks which I
should, I believe, have preferred to have covered. Under the influence
of the humid heat, and with the wet they brought from the outside,
they sent up a really deplorable smell. I do not know that I have a
right to criticise the appearance of some of their eyes—they seemed
perfectly good eyes to see with, in spite of their sinister or vacant
expression and gloomy accessories; and certain scars and mutilations of
the face and fingers were the affair of their owners rather than mine.
Whenever they fell into talk, an officer of the court marched upon
them and crushed them to silence. “This is no place for conversation,”
he said; and the greater part of them had evidently no disposition or
capacity for that art. I believe they were men and boys whose utmost
mental effort sufficed to let their mouths hang open in the absorption
of the performance, and was by no means equal to comment upon it.
I fancied that they came there, day after day, the year round, and
enjoyed themselves in their poor way, realizing many of the situations
presented by experience of like predicaments, more than by sympathy or
an effort of the imagination.
I had taken my place among them next the door, so that if my courage
failed me at any time I could go out without disturbing the others.
One need not be a very proud man to object to classing himself with
them, and there were moments when I doubted if I could stand my
fellow-spectators much longer; but these accesses of arrogance passed,
as I watched the preparations for the play with the interest of a
novice. There were already half a dozen policemen seated at the tables
in semicircle, and chatting pleasantly together; and their number was
constantly increased by new arrivals, who, as they came in, put their
round-topped straw hats on one end of the semicircle, and sat down to
fill out certain printed forms, which I suppose related to the arrests
they had made, for they were presently handed to the clerk, who used
them in calling up the cases. A little apart from the policemen was
a group of young men, whom I took to be the gentlemen of the bar;
among them, rather more dapper than the rest, was a colored lawyer,
who afterwards, by an irony of Nemesis, appeared for some desperate
and luckless defendants of the white race and of Irish accent. By and
by two or three desks, placed conveniently for seeing and hearing
everything against the railing on the clerk’s right, were occupied
by reporters, unmistakable with their pencil and paper. Looking from
them I saw that the judge’s chair was now filled by a quiet-looking
gentleman, who seemed, behind his spectacles, to be communing with
himself in a sad and bored anticipation. At times he leaned forward and
spoke with the clerk or one of the gentlemen of the bar, and then fell
back in sober meditation.
Like all other public exhibitions, the police court failed a little in
point of punctuality. It was advertised to open at nine o’clock, but it
was nearer ten when, after several false alarms, the clerk in a rapid,
inarticulate formula declared it now opened, and invoked the blessing
of God on the Commonwealth of Massachusetts. Even then there was a
long wait before we of the audience heard the scuffling of the feet
of the prisoners on what seemed a broad stairway behind the barrier
at the judge’s right, and before any of them came in sight they were
commanded by the attendant policeman to sit down, and apparently did
so, on the top of the stairs. The clerk now turned towards them with a
sheaf of the forms which the policemen had filled out in his hand, and
successively addressed them by name:—
“Larry McShane!”
“Here, sor.”
“Complained of for being drunk. Guilty or not guilty?”
“Guilty, sor.”
“Pay a fine of one dollar and costs, and stand committed to the House
of Industry.”
He jotted something down on the back of each indictment, and half
turned to toss it on to his desk, and then resumed the catalogue of
these offenders, accusing and dooming them all in the same weary and
passionless monotone.
I confess that I had at the time the strongest curiosity to see them,
but it has since struck me that it was a finer effect merely to hear
their voices in response, and to leave their figures and faces to
the fancy. Sometimes the voice that answered “Guilty” was youthful,
and sometimes, I grieve to say, it was feminine, though under the
circumstances it had naturally that subdued tone which is thought such
an excellent thing in woman. Usually, however, the voices were old
and raucous, as if they had many times made the same plea in the same
place, and they pronounced sir sor. The clerk’s sheaf of accusations
being exhausted, they all apparently scuffled downstairs again. But a
number must have remained, for now, after this sort of overture, the
entertainment began in earnest, the actors on the scene appearing as
they were summoned from the same invisible space behind the railing,
which I think was probably sunk a little lower than the level of the
auditorium, and which might, to humor the theatrical illusion, be
regarded as the green-room.
The first piece was what I may call a little Police Pastoral,
in recognition of the pretty touch of poetry which graced it. A
half-grown, baddish-looking boy was arraigned for assault and battery,
and took his place at one end of that long table on which rested the
clerk’s desk, while a young girl of thirteen or fourteen advanced from
the audience, and placed herself at the other end. She was dressed in a
well-fitting ready-made suit, which somehow suggested itself as having
been “marked down” to come within her means; and she wore a cheap yet
tasteful hat, under which her face, as honest as it was comely, looked
modestly up at the judge when he questioned her. It appeared that she
was passing the apple-stand which the defendant was keeping for his
mother, when he had suddenly abandoned his charge, followed her into a
gate where she had taken refuge, and struck her; her cries attracted
the police, and he was arrested. The officer corroborated her story,
and then the judge made a signal to the prisoner, by which it seemed
that he was privileged to cross-question his accuser. The injured
youth seized the occasion, and in a loud-bullying, yet plaintive tone
proceeded as best he could to damage the case against him.
He: “Didn’t you pass my mother’s stand with them girls the day
before?”
She, frankly: “Yes, I did.”
He: “And didn’t you laugh at me, and call me an apple-woman?”
She, as before: “Yes, I did.”
He: “And hain’t you hit me, sometimes, before this?”
She, evasively: “I’ve never hit you to hurt you.”
He: “Now, that hain’t the question! The question is whether you’ve
ever hit me.”
She: “Yes, I have—when you were trying to hold me. It was the other
girls called you names. I only called you names once.”
He: “I want to know whether I hurt you any when you hollered out that
way?”
She: “Yes, you did. And if I hadn’t screamed you would have done
it. I don’t suppose you’d have hurt me a great deal, but you have
hurt some of the girls.”
The Judge: “Did he bruise you severely when he struck you?”
She, with a relenting glance, full of soft compassion, at her enemy:
“Well, he didn’t bruise me very much.”
The Judge: “Has he been in the habit of assaulting the other young
girls?”
She: “He never did me before.” Then, with a sudden burst, “And I
think I was every bit as much to blame as he was! I had no business to
tease him.”
Here the judge, instead of joining the hands of these children, and
sending them forward with his blessing, to dance and sing a little duet
together, as would have happened on any other stage, said that he would
fine the defendant seven dollars. The defendant gave way to a burst
of grief, and the plaintiff, astonished at this untoward conclusion,
threw the judge a pathetic and reproachful look, and left the stand in
painful bewilderment. I felt sorry for her, but I could not share her
pity for the defendant, and my light mind was quickly distracted by the
next piece.
I may say here that the features of the performance followed one
another rapidly, as at a variety theatre, without any disagreeable
waits or the drop of a curtain. If I had anything to complain of it
was the swiftness of their succession. I was not yet habituated to
this, when I found the scene occupied by the two principal actors in
a laughable little interlude of Habitual Drunkenness. A powerfully
built, middle-aged Irishman, with evidences of coal-heaving thick
upon his hands and ground into his face to the roots of his hair, was
standing at one end of that long table, and listening to the tale of
the policeman who, finding him quarrelsomely and noisily drunk, and not
being able to prevail with him to go home, had arrested him. When he
finished, the judge said to the defendant, who had stood rolling his
eyes—conspicuous from the black around them—upon the spectators, as
if at a loss to make out what all this might be about, that he could
ask any questions he liked of the plaintiff.
“I don’t want to ask him anything, sor,” replied the defendant, like
one surprised at being expected to take an interest in some alien
affair.
“Have you ever seen the defendant drunk before?” asked the judge.
“Yes, your honor; I’ve seen him drunk half a dozen times, and I’ve
taken him home to keep him out of harm’s way. He’s an industrious man
when he isn’t in drink.”
“Is he usually disorderly when drunk?”
“Well, he and his wife generally fight when he gets home,” the
policeman suggested.
The judge desisted, and the defendant’s counsel rose, and signified
his intention to cross-question the plaintiff: the counsel was that
attorney of African race whom I have mentioned.
“Now, we don’t deny that the defendant was drunk at the time of his
arrest; but the question is whether he is an habitual drunkard. How
many times have you seen him drunk the past month?”
“About half a dozen times.”
“Seven times?”
“I can’t say.”
“Three times?”
“More than three times.”
“More than twice you will swear to?”
“Yes.”
“Now, I wish you to be very careful, please: can you state, under oath,
that you have seen him drunk four times?”
“Yes,” said the policeman, “I can swear to that.”
“Very good,” said the counsel, with the air of having caught the
witness tripping. “That is all.”
Aside from the satisfaction that one naturally feels in seeing any
policeman bullied, I think it did me good to have my learned colored
brother badger a white man. The thing was so long the other way, in
every walk of life, that for the sake of the bad old times, when the
sight would have been something to destroy the constitution and subvert
social order, I could have wished that he might have succeeded better
in browbeating his witness. But it was really a failure, as far as
concerned his object.
“The question, your honor,” the lawyer added, turning to the judge,
“is, what is habitual drunkenness? I should like to ask the defendant
a query or two. Now, Mr. O’Ryan, how often do you indulge yourself in a
social glass?”
“Sor?”
“How often do you drink?”
“Whenever I can get it, sor.”
The audience appreciated this frankness, and were silenced by a
threatening foray of the cravatless officer.
“You mean,” suggested the attorney, smoothly, “that you take a drink of
beer, now and then, when you are at work.”
“I mane that, sor. A horse couldn’t do widout it.”
“Very good. But you deny that you are habitually intoxicated?”
“Sor?”
“You are not in the habit of getting drunk?”
“No, sor!”
“Very good. You are not in the habit of getting drunk.”
“I never get dhrunk whin I’m at work sor. I get dhrunk Saturday nights.”
“Yes; when you have had a hard week’s work. I understand that”—
“I have a hard wake’s worruk every wake!” interrupted the defendant.
“But this is a thing that has grown upon you of late, as I understand.
You were formerly a sober, temperate man, as your habits of industry
imply.”
“Sor?”
“You have lately given way to a fondness for liquor, but up to within
six months or a year ago you never drank to excess.”
“No, sor! I’ve dhrunk ever since I was born, and I’ll dhrink till I
die.”
The officer could not keep us quiet, now. The counsel looked down at
his table in a futile way, and then took his seat after some rambling
observations, amid smiles of ironical congratulation from the other
gentlemen of the bar.
The defendant confronted the judge with the calm face of a man who has
established his innocence beyond cavil.
“What is the reputation of this man in his neighborhood?” inquired the
judge of the policeman.
“He’s an ugly fellow. And his wife is full as bad. They generally get
drunk together.”
“Any children?”
“No, sir.”
The defendant regarded the judge with heightened satisfaction in this
confirmation of his own declaration. The judge leaned over, and said in
a confidential way to the clerk, “Give him six months in the House of
Correction.”
A wild lament broke from the audience, and a woman with a face bruised
to a symphony in green, yellow, and black thus identified herself as
the wife of the defendant, who stood vacantly turning his cap round in
his hand while sympathizing friends hurried her from the room. The poor
creature probably knew that if in their late differences she had got
more than she deserved, she had not got more than she had been willing
to give, and was moved by this reflection. Other moralists, who do not
like to treat woman as a reasonable being, may attribute her sorrow
to mere blind tenderness, or hysterical excitement. I could not see
that it touched the spectators in any way; and I suspect that, whatever
was thought of her escape from a like fate, there was a general
acquiescence in the justice of his. He was either stunned by it, or
failed to take it in, for he remained standing at the end of the table
and facing the judge, till the policeman in charge took him by the arm
and stood him aside.
He sat down, and I saw him no more; but I had no time to regret him,
for his place was instantly occupied by a person who stepped within the
bar from the audience. I had already noticed him coming in and going
out of the court-room, apparently under strong excitement, and hovering
about, now among the gentlemen of the bar, and now among friends in
the audience. He had an excited and eccentric look, and yet he looked
like a gentleman—a gentleman in distress of mind; I had supposed that
he could not be one of the criminal classes, or he would scarcely have
been allowed so much at large. At the same time that he took his place
he was confronted from the other end of the long table by a person whom
I will call a lady, because I observed that every one else did so.
This lady’s person tended to fat; she had a large, red face, and I
learned without surprise that she was a cook. She wore a crimson shawl,
and a bonnet abounding in blossoms and vegetables of striking colors,
and she had one arm, between the wrist and elbow, impressively swathed
in linen; she caressed, as it were, a small water-pitcher, which I
felt, in spite of its ordinary appearance, was somehow historical. In
fact, it came out that this pitcher played an important part in the
assault which the lady accused the gentleman at the other end of the
table of committing upon her.
It seemed from her story that the gentleman was a boarder in the house
where she was cook, and that he was in the habit of intruding upon her
in the kitchen against her will and express command. A week before (I
understood that she had spent the intervening time in suffering and
disability) she had ordered him out, and he had turned furiously upon
her with an uplifted chair and struck her on the arm with it, and then
had thrown at her head the pitcher which she now held in her hands.
There were other circumstances of outrage, which I cannot now recall,
but they are not important in view of the leading facts.
Further testimony in behalf of the plaintiff was offered by another
lady, whose countenance expressed second-girl as unmistakably as that
of the plaintiff expressed cook. She was of the dish-faced Irish type,
and whereas the cook was of an Old-World robustness, her witness had
the pallor and flat-chestedness of the women of her race who are born
in America; she preferred several shades of blue in her costume, which
was of ready-made and marked-down effect. This lady with difficulty
comprehended the questions intended to elicit her name and the fact
of her acquaintance with the plaintiff, and I noticed a like density
of understanding in most of the other persons testifying or arraigned
in this court. In fact, I came to wonder if the thick-headedness of
average uneducated people was not much greater than I had hitherto
suspected, in my easy optimism. It was certainly inconceivable why,
with intelligence enough to come in when it rained, the cook should
have summoned this witness. She testified at once that she had not
seen the assault, and did not know that the cook had been hurt; and no
prompting of the plaintiff’s counsel could inspire her with a better
recollection. In the hands of the defendant’s lawyer she developed the
fact that his client was reputed a quiet, inoffensive boarder, and
that she never knew of any displeasures between him and the cook.
“Did you ever see this lady intoxicated?” inquired the lawyer.
The witness reflected. “I don’t understand you,” she answered, finally.
“Have you ever known her to be overcome by drink?”
The witness considered this point also, and in due time gave it up, and
turned a face of blank appeal upon the judge, who came to her rescue.
“Does she drink,—drink liquor? Does she get drunk?”
“Oh! Oh, yes; she’s tipsy sometimes.”
“Was she tipsy,” asked the lawyer, “on the day of the alleged assault?”
The witness again turned to the magistrate for help.
“Was she tipsy on the day when she says this gentleman struck her with
a chair, and threw the pitcher at her head?”
“Yes, sir,” replied the witness, “she was.”
“Was she very tipsy?” the lawyer pursued.
The witness was equal to this question. “Well, yes, sir, she was. Any
way, she hadn’t left anything in the bottle on her bureau.”
“When did you see the bottle full?”
“The night before. Or in the evening. She commenced drinking in the
night.”
“What was in the bottle?”
“A pint of whiskey.”
“That will do,” said the lawyer.
The witness stepped down, and genteelly resumed her place near the
plaintiff. Neither of the ladies changed countenance, or seemed in any
wise aware that the testimony just given had been detrimental to the
plaintiff’s cause. They talked pleasantly together, and were presently
alike interested in the testimony of a witness to the defendant’s good
character. He testified that the defendant was a notoriously peaceable
person, who was in some sort of scientific employment, but where or
what I could not make out; he was a college graduate, and it was quite
unimaginable to the witness that he should be the object of this sort
of charge.
When the witness stood aside, the defendant was allowed to testify in
his own behalf, which he did with great energy. He provided himself
with a chair, and when he came to the question of the assault he
dramatized the scene with appropriate action. He described with
vividness the relative positions of himself and the cook when, on the
day given, he went into the kitchen to see if the landlady were there,
and was ordered out by her. “She didn’t give me time to go, but caught
up a chair, and came at me, thus!” Here he represented with the chair
in his hand an assault that made the reporters, who sat near him,
quail before the violence of the mere dumb-show. “I caught the rung
of the chair in my hand, thus, and instinctively pushed it, thus. I
suppose,” he added, in diction of memorable elegance, “that the impact
of the chair in falling back against her wrist may have produced the
contusions of which she complains.”
The judge and the bar smiled; the audience, not understanding, looked
serious.
“And what,” said the judge, “about throwing the pitcher at her?”
“I never saw the pitcher, your honor, till I saw it in court. I threw
no pitcher at her, but retreated from the kitchen as quickly as
possible.”
“That will do,” said the judge. The plaintiff’s counsel did the
best that could be done for no case at all in a brief argument. The
judge heard him patiently, and then quietly remarked, “The charge is
dismissed. The defendant is discharged. Call the next case.”
The plaintiff had probably imagined that the affair was going in her
favor. She evidently required the explanation of her counsel that it
had gone against her, and all was over; for she looked at the judge in
some surprise, before she turned and walked out of the court-room with
quiet dignity, still caressing her pitcher, and amicably accompanied by
the other lady, her damaging witness.
Before she was well out of the door, a lady-like young woman in black
was on the stand, testifying against a prisoner, who did not confront
her from the other end of the long table, but stood where he seemed
to have been seated on the top of those stairs I have imagined behind
the railing. He looked twenty one or two years of age, and he had
not at all a bad face, but rather refined; he was well dressed, and
was gentleman-like in the same degree that she was lady-like. From
her testimony it appeared to me that his offense was one that might
fitly be condoned, and in my ignorance I was surprised to find that
it was taken seriously by the court. She had seen him, from the top
of some steps in the shop where she was employed, open a drawer
in the book-keeper’s desk, and take out of it a revolver and some
postage-stamps; but on his discovering her he had instantly replaced
them and tried to make his escape. She gave her evidence in a low
voice, and, as I thought, reluctantly; and one could very well imagine
that she might have regretted causing his arrest; but it was to be
considered that her own reputation was probably at stake, and if his
theft had succeeded she might have been accused of it. When she stood
aside, the judge turned to the defendant, who had kept quite still,
nervously twisting something between his fingers, and questioned him.
He did not attempt to deny the facts; he admitted them, but urged that
he had immediately put the stamps and pistol back into the drawer,
from which, indeed, he had hardly lifted them. The judge heard him
patiently, and the young man went on, with something of encouragement,
to explain that he only meant to take the things to spite the owner of
the shop, on account of some grudge between them, and that he had not
realized that it was stealing. He besought the judge, in terms that
were moving, but not abject, to deal mercifully with him; and he stood
twisting that invisible something between his fingers, and keeping his
eyes fixed on those of the magistrate with a miserable smile, while he
promised that he would not offend again.
The judge passed his hand to and fro over his chin, and now dropped
his eyes, and now glanced at the culprit, who seemed scarcely more
unhappy.
“Haven’t I seen you here before?” he asked at last.
“Yes,” I could hardly hear the prisoner assent.
“How often?”
“Twice.”
“What for?”
“Theft,” gasped the wretched creature.
The judge moved in his chair with a discomfort that he had not shown
throughout the morning’s business. “If this were the first time, or the
second, I should have been glad to let you off with a slight fine. But
I can’t do that now. I must send you to the House of Correction.” He
nodded to the clerk: “Two months.”
The prisoner remained, with that nervous twisting of his fingers, eying
the judge with his vague smile, as if he could not realize what had
befallen. He did not sit down till the next culprit rose and stood near
him. Then a sort of fatal change passed over his face. It looked like
despair. I confess that I had not much heart for his successor. I was
sick, thinking how, so far as this world was concerned, this wretch
had been sent to hell; for the House of Correction is not a purgatory
even, out of which one can hopefully undertake to pray periculant
spirits. To be sure, the police court is not a cure of souls; and
doubtless his doom was as light as the law allowed. But I could have
wished that the judge had distrusted his memory, or taken on his
conscience the merciful sin of ignoring it. He seemed very patient,
and I do not question but he acted according to light and knowledge.
This may have been a hopeless thief. But it was nevertheless a terrible
fate. The chances were a thousand against one that he should hereafter
be anything but a thief, if he were not worse. After all, when one
thinks of what the consequences of justice are, one doubts if there
is any justice in it. Perhaps the thing we call mercy is the divine
conception of justice.
It was a thief again who was on the stage; but not a thief like that
other, who, for all the reality there was in the spectacle, might have
gone behind the scenes and washed the chalk off his white face. This
thief was of the kind whose fortunes the old naturalistic novelists
were fond of following in fictions of autobiographic form, and who
sometimes actually wrote their own histories; a conventional thief,
of those dear to De Foe and the Spanish picaresque romancers, with
a flavor of good literature about him. Nothing could have been more
classic in incident than the story of the plaintiff, an honest-looking
young fellow, who testified that he had met the prisoner on the street,
and, learning that he was out of work and out of money, had taken him
home to his room and shared his bed with him. I do not know in just
what calling this primitive and trustful hospitality is practiced;
the plaintiff looked and was dressed like a workingman. His strange
bedfellow proved an early riser; he stole away without disturbing
his host, and carried with him all the money that was in his host’s
pockets. By an odd turn of luck the two encountered shortly after
breakfast, and the prisoner ran. The plaintiff followed, but the other
eluded him, and was again sauntering about in safety, when the eye of a
third actor in the drama fell upon him. This was a young man who kept
some sort of small shop, and who was called to the witness-stand in
behalf of the prosecution. He was as stupid as he could well be in some
respects, and very simple questions had to be repeated several times to
him. Yet he had the ferret-like instinct of the thief-catcher, and he
instantly saw that his look fluttered the guilty rogue, who straightway
turned and fled. But this time he had a sharper pursuer than his host,
and he was coursed through all his turns and windings, up stairs and
down, in houses and out, and gripped at last.
“As soon as I saw him start to run,” said the witness, who told his
story with a graphic jauntiness, “I knowed he’d got something.”
“You didn’t know I’d got anything!” exclaimed the thief.
“I knowed you’d get ninety days if I caught up with you,” retorted the
witness, wagging his head triumphantly.
As the officer entered the station-house with his prisoner, the host,
by another odd chance, was coming out, after stating his loss to the
police, and identified his truant guest.
The money, all but thirty cents, was found upon him; and though he
represented that he had lawfully earned it by haying in Dedham, the
fact that it was in notes of the denominations which the plaintiff
remembered was counted against him, and he got the ninety days which
his captor had prophesied. He, too, sat down, and I saw him no more.
Now arose literally a cloud of witnesses, who came forward from some
of the back seats, and occupied the benches hitherto held by the
plaintiffs and witnesses in the preceding cases. They were of all
shades of blackness, and of both sexes and divers ages, and they
were there in their solemn best clothes, with their faces full of a
decorous if superficial seriousness. I must except from this sweeping
assertion, however, the lady who was the defendant in the case: she
was a young person, with a great deal of what is called style about
her, and I had seen her going and coming throughout the morning in a
high excitement, which she seemed to enjoy. It is difficult for a lady
whose lips have such a generous breadth and such a fine outward roll
to keep from smiling, perhaps, under any circumstances; and it may
have been light-heartedness rather than light-mindedness that enabled
her to support so gayly a responsibility that weighed down all the
other parties concerned. She wore a tight-skirted black walking-dress,
with a waist of perhaps caricatured smallness; her hat was full of red
and yellow flowers; on her hands, which were in drawing with her lips
rather than her waist, were a pair of white kid gloves. As she advanced
to take her place inside the prisoner’s bar she gave in charge to a
very mournful-looking elder of her race a little girl, two or three
years of age, as fashionably dressed as herself, and tottering upon
little high-heeled boots. The old man lifted the child in his arms, and
funereally took his seat among the witnesses, while the culprit turned
her full-blown smile upon the judge, and confidently pleaded not guilty
to the clerk’s reading of the indictment, in which she was charged with
threatening the person and life of the plaintiff. At the same moment a
sort of pleased expectation lighted up all those dull countenances in
the court-room, which had been growing more and more jaded under the
process of the accusations and condemnations. The soddenest habitué
of the place brightened; the lawyers and policemen eased themselves in
their chairs, and I fancied that the judge himself relaxed. I could
not refuse my sympathy to the general content; I took another respite
from the thought of my poor thief, and I too lent myself to the hope of
enjoyment from this Laughable After-piece.
The accuser also wore black, but her fashionableness, as compared
with that of the defendant, was as the fashionableness of Boston to
that of New York; she had studied a subdued elegance, and she wore a
crape veil instead of flowers on her hat. She was of a sort of dusky
pallor, and her features had not the Congoish fullness nor her skin the
brilliancy of the defendant’s. Her taste in kid gloves was a decorous
black.
She testified that she was employed as second-girl in a respectable
family, and that the day before she had received a visit at the door
from the defendant, who had invited her to come down the street to a
certain point, and be beaten within an inch of her life. On her failure
to appear, the defendant came again, and notified her that she should
hold the beating in store for her, and bestow it whenever she caught
her out-of-doors. These visits and threats had terrified the plaintiff,
and annoyed the respectable family with which she lived, and she had
invoked the law.
During the delivery of her complaint, the defendant had been lifting
and lowering herself by the bar at which she stood, in anticipation of
the judge’s permission to question the plaintiff. At a nod from him she
now flung herself half across it.
“What’d I say I’d whip you for?”
The Plaintiff, thoughtfully: “What’d you say you’d whip me for?”
The Defendant, beating the railing with her hand: “Yes, that’s what I
ast you: what for?”
The Plaintiff, with dignity: “I don’t know as you told me what for.”
The Defendant: “Now, now, none o’ that! You just answer my question.”
The Judge: “She has answered it.”
The Defendant, after a moment of surprise: “Well, then, I’ll ast her
another question. Didn’t I tell you if I ever caught you goin’ to a
ball with my husband ag’in I’d”—
The Plaintiff: “I didn’t go to no ball with your husband!”
The Defendant: “You didn’t go with him! Ah”—
The Plaintiff: “I went with the crowd. I didn’t know who I went with.”
The Defendant: “Well, I know who paid fifty cents for your ticket!
Why don’t he give me any of his money? Hain’t spent fifty cents on me
or his child, there, since it was born. An’ he goes with you all the
time,—to church, and everywhere.”
The Judge: “That will do.”
The plaintiff, who had listened “with sick and scornful looks averse,”
stepped from the stand, and a dusky gentlewoman, as she looked, took
her place, and corroborated her testimony. She also wore genteel
black, and she haughtily turned from the defendant’s splendors as
she answered much the same questions that the latter had put to the
plaintiff. She used her with the disdain that a lady who takes care
of bank parlors may show to a social inferior with whom her grandson
has been trapped into a distasteful marriage, and she expressed by a
certain lift of the chin and a fall of the eyelids the absence of all
quality in her granddaughter-in-law, as no words could have done it. I
suppose it will be long before these poor creatures will cease to seem
as if they were playing at our social conditions, or the prejudices
and passions when painted black will seem otherwise than funny. But if
this old lady had been born a duchess, or the daughter of a merchant
one remove from retail trade, she could not have represented the
unrelenting dowager more vividly. She bore witness to the blameless
character of the plaintiff, to whom her grandson had paid only those
attentions permissible from a gentleman unhappy in his marriage, and
living apart from his wife,—a wife, she insinuated, unworthy both
before and since the union which she had used sinister arts in forming
with a family every way above her. She did not overdo the part, and she
descended from the stand with the same hauteur toward the old man who
succeeded her as she had shown his daughter.
The hapless sire—for this was the character he attempted—came upon
the stand with his forsaken grandchild in his arms, and bore his
testimony to the fact that his daughter was a good girl, and had always
done what was right, and had been brought up to it. He dwelt upon her
fidelity to her virtuous family training, with no apparent sense of
incongruity in the facts—elicited by counsel—to the contrary; and
he was an old man whose perceptions were somewhat blunted as to other
things. He maundered on about his son-in-law’s neglect of his wife
and child, and the expense which he had been put to on their account,
and especially about the wrongs his family had suffered since his
son-in-law “got to going” with the plaintiff.
“You say,” interpreted the judge, “that the plaintiff tried to seduce
the affections of your daughter’s husband from her?”
The old man was brought to a long and thoughtful pause, from which he
was startled by a repetition of the judge’s question. “I—I don’ know
as I understand you, judge,” he faltered.
“Do you mean that the plaintiff—the person whom your daughter
threatened to beat—has been trying to get your daughter’s husband’s
affections away from her?”
“Why, he hain’t never showed her no affections, judge! He’s just left
me to support her.”
“Very well, then. Has the plaintiff tried to get your daughter’s
husband away from her?”
“I guess not, judge. He hain’t never took any notice of my daughter
since he married her.”
“Well, does your son-in-law go with this person?”
“With who, judge?”
“With the plaintiff.”
“De ol’ woman. No, he don’ go wid de ol’ woman any: she’s his
gran’mother.”
“Well, does he go with the young woman?”
“Oh, yes! Yes! He goes with the young woman. Goes with her all
the time. That’s the one he goes with!”
He seemed to be greatly surprised and delighted to find that this point
was what the judge had been trying to get at, and the audience shared
his pleasure.
I really forget how the case was decided. Perhaps my train, which
I began to be anxious not to lose, hurried me away before the
dénoûment, as often happens with the suburban play-goer. But to
one who cares rather for character than for plot it made little
difference. I came away thinking that if the actors in the little
drama were of another complexion how finely the situation would have
served in a certain sort of intense novel: the patrician dowager,
inappeasably offended by the low match her grandson has made, and
willing to encourage his penchant for the lady of his own rank, whom
some fortuity may yet enable him to marry; the wife, with her vulgar
but strong passions, stung to madness by the neglect and disdain of
her husband’s family,—it is certainly a very pretty intrigue, and I
commend it to my brother (or sister) novelists who like to be praised
by the reviewers for what the reviewers think profundity and power.
It was nearly a year later that I paid my second visit to the police
court, on a day, like the first, humid and dull, but very close and
suffocatingly hot. It was a Monday morning, and there was a full
dock, as I have learned that the prisoner’s pen at the right of the
clerk’s desk is called. The clerk was standing with that sheaf of
indictments in his hand, and saying, “John O’Brien!” and John O’Brien
was answering, “Here, sor!” and the clerk was proceeding, “Complained
of for being drunk guilty or not guilty pay a fine of one dollar and
costs stand committed to the House of Industry,” and then writing on
the indictment, and tossing it aside. As I modestly took my stand
at the door, till I should gather courage to cross the room to one
of the vacant seats which I saw among the policemen, one of these
officers of the court approached me and said, “No room for you here
to-day, my friend. Go up on the Common.” In spite of my share of that
purely American vanity which delights in official recognition, I could
not be flattered at this, and it was with relief that I found he was
addressing a fellow-habitué behind me. The court-room was in fact very
full, and there were no seats on the benches ordinarily allotted to
spectators; so I at once crossed to my place, and sat down among the
policemen, to whom I authorized my intrusion by taking my notebook from
my pocket. I have some hopes that the spectators thought me a detective
in plain clothes, and revered me accordingly. There was such a person
near me, with his club sticking out of his back-pocket, whom I am sure
I revered.
I had not come to report the events of this session of the court, but
to refresh the impressions of my first visit, and I was glad to find
them so just. There was, of course, some little change; but the same
magistrate was there, serene, patient, mercifully inclined of visage;
the colored attorney was there, in charge, as before, of a disastrous
Irish case. The officials who tried to keep order had put off their
flannel coats for coats of seersucker, and each carried a Japanese fan;
neither wore a collar, now, and I fancied them both a little more in
flesh. I think they were even less successful than formerly in quelling
disturbances, though they were even more polished in the terms of
their appeal. “Too much conversation in the court!” they called out to
us collectively. “Conversation must cease,” they added. Then one,
walking up to a benchful of voluble witnesses, would say, “Must cease
that conversation,” and to my fellow-policemen, “Less conversation,
gentlemen;” then again to the room at large, “Stop all conversation in
the court,” and “All conversation must cease entirely.”
The Irish case, which presently came on, was a question of assault and
battery between Mrs. O’Hara and Mrs. MacMannis; it had finally to be
dismissed, after much testimony to the guilt and peaceable character
of both parties. A dozen or more witnesses, were called, principally
young girls, who had come in their best, and with whom one could fancy
this an occasion of present satisfying excitement and future celebrity.
The witnesses were generally more interesting than the parties to the
suits, I thought, and I could not get tired of my fellow-spectators,
I suppose, if I went a great many times. I liked to consider the
hungry gravity of their countenances, as they listened to the facts
elicited, and to speculate as to the ultimate effect upon their moral
natures—or their immoral natures—of the gross and palpable shocks
daily imparted to them by the details of vice and crime. I have tried
to treat my material lightly and entertainingly, as a true reporter
should, but I would not have my reader suppose that I did not feel
the essential cruelty of an exhibition that tore its poor rags from
all that squalid shame, and its mask from all that lying, cowering
guilt, or did not suspect how it must harden and deprave those whom it
daily entertained. As I dwelt upon the dull visages of the spectators,
certain spectacles vaguely related themselves to what I saw: the women
who sat and knitted at the sessions of the Revolutionary tribunals of
Paris, and overwhelmed with their clamor the judges’ feeble impulses
to mercy; the roaring populace at the Spanish bull-fight and the Roman
arena. Here the same elements were held in absolute silence,—debarred
even from “conversation,”—but it was impossible not to feel that here
in degree were the conditions that trained men to demand blood, to
rave for the guillotine, to turn down the thumb. This procession of
misdeeds, passing under their eyes day after day, must leave a miasm
of moral death behind it which no prison or work-house can hereafter
cure. We all know that the genius of our law is publicity; but it may
be questioned whether criminal trials may not be as profitably kept
private as hangings, the popular attendance on which was once supposed
to be a bulwark of religion and morality.
Not that there was any avoidable brutality, or even indecorum, in
the conduct of the trials that I saw. A spade was necessarily called
a spade; but it seemed to me that with all the lapse of time and
foreign alloy the old Puritan seriousness was making itself felt
even here, and subduing the tone of the procedure to a grave decency
consonant with the inquiries of justice. For it was really justice
that was administered, so far as I could see; and justice that was by
no means blind, but very open-eyed and keen-sighted. The causes were
decided by one man, from evidence usually extracted out of writhing
reluctance or abysmal stupidity, and the judgment must be formed and
the sentence given where the magistrate sat, amid the confusion of the
crowded room. Yet, except in the case of my poor thief, I did not see
him hesitate; and I did not doubt his wisdom even in that case. His
decisions seemed to me the result of most patient and wonderfully rapid
cogitation, and in dealing with the witnesses he never lost his temper
amid densities of dullness which it is quite impossible to do more than
indicate. If it were necessary, for example, to establish the fact
that a handkerchief was white, it was not to be done without some such
colloquy as this:—
“Was it a white handkerchief?”
“Sor?”
“Was the handkerchief white?”
“Was it white, sor?”
“Yes, was it white?”
“Was what white, sor?”
“The handkerchief,—was the handkerchief white?”
“What handkerchief, sor?”
“The handkerchief you just mentioned,—the handkerchief that the
defendant dropped.”
“I didn’t see it, sor.”
“Didn’t see the handkerchief?”
“Didn’t see him drop it, sor.”
“Well, did you see the handkerchief?”
“The handkerchief, sor? Oh, yes, sor! I saw it,—I saw the
handkerchief.”
“Well, was it white?”
“It was, sor.”
A boy who complained of another for assaulting him said that he knocked
him down.
“How did he knock you down?” asked the judge. “Did he knock you down
with his fist or his open hand?”
“Yes, sor.”
“Which did he do it with?”
“Put his arms round me and knocked me down.”
“Then he didn’t knock you down. He threw you down.”
“Yes, sor. He didn’t t’row me down. Put his arms round me and knocked
me down.”
It would be impossible to caricature these things, or to exaggerate the
charitable long-suffering that dealt with such cases. Sometimes, as if
in mere despair, the judge called the parties to him, and questioned
them privately; after which the case seemed to be settled, without
further trial.
I have spoken of the theatrical illusion which the proceedings of the
court produced; but it often seemed to me also like a school where bad
boys and girls were brought up for punishment. They were, indeed, like
children, those poor offenders, and had a sort of innocent simplicity
in their wickedness, as good people have in their goodness. One case
came up on the occasion of my last visit, which I should like to report
verbatim in illustration, but it was of too lurid a sort to be treated
by native realism; we can only bear that sort when imported; and
undoubtedly there is something still to be said in behalf of decency,
at least in the English language. I can only hint that this case was
one which in some form or other has been coming up in the police
courts ever since police courts began. It must have been familiar to
those of Thebes three thousand years ago, and will be so in those of
cities which shall look back on Boston in an antiquity as hoary. A
hard-working old fool with a month’s pay in his pocket and the lost
soul with whom he carouses; the theft; the quarrel between the lost
soul and the yet more fallen spirit who harbored her and traded at
second hand in her perdition as to who stole the fool’s money,—what
stale materials! Yet I was as much interested as if this were the first
case of the kind, and, confronted with the fool and the lost soul and
the yet more fallen spirit, I could not feel that they were—let me
say it in all seriousness and reverence—so very bad. Perhaps it was
because they stood there reduced to the very nakedness of their shame,
and confessedly guilty in what human nature struggles to the last to
deny—stood there, as a premise, far past the hope of lying—that they
seemed rather subjects for pity than abhorrence. The fool and the lost
soul were light and trivial; they even laughed at some of the grosser
facts; but that yet more fallen spirit was ghastly tragical, as bit by
bit the confession of her business was torn from her; it was torture
that seemed hideously out of proportion to any end to be attained; yet
as things are it had to be. If then and there some sort of redemption
might have begun!
The divine life which is in these poor creatures, as in the best and
purest, seemed to be struggling back to some relation and likeness to
our average sinful humanity, insisting that if socially and publicly
we denied it we should not hold it wholly outcast in our secret
hearts, nor refuse it our sympathy. Seeing that on their hopelessly
sunken level their common humanity kept that symmetry and proportion
which physical deformity shows, one could not doubt that a distorted
kindliness and good-nature remained to them in the midst of their
depravity: the man was like a gray-headed foolish boy; the two women
as simple and cunning as too naughty children. It could be imagined
that they had their friendly moments; that in extremity they might care
for each other; that even such a life as theirs had its reliefs from
perdition, as in disease there is relief from pain, and no suffering,
out of romance, is incessant. They had certainly their decorums, their
criterions. On their plane, everything but the theft and the noisy
quarrel was of custom and for granted; but these were misdemeanors
and disgraceful. Like another hostess of the sort, the fallen spirit
was aggrieved at these. “Do you think I keep thieves in my house?...
The tithe of a hair was never lost in my house before.... I’ll no
swaggerers.... There comes no swaggering here.... I will bar no honest
man my house, nor no cheater; but I do not love swaggering.” This is
the sum of what she said that she had said in rebuke of the lost soul;
that thieving and that swaggering, they incensed her, and roused in her
all the instincts of a moral and respectable person. Humanity adjusts
itself to all conditions, and doubtless God forsakes it in none, but
still shapes it to some semblance of health in its sickness, of order
in its disorder, of righteousness in its sin.
I dare say that it was not a wholesome feeling, this leniency that
acquaintance with sinners produces. There is much to be urged on
that side, and I would like to urge it in considering the effect of
daily attendance at the police court upon these spectators whom I have
tried to study for the reader’s advantage. I must own that the trial
at which I have hinted did not affect them seriously, and I doubt
if they psychologized upon it. They craned their necks forward and
gloated on those women with an unmistakably obscene delight. If they
were not beyond being the worse for anything, they were the worse for
that trial. Why were they present? Theoretically, perhaps to see that
justice was done. But if justice had not been done, how could they
have helped it? The public shame seemed purely depraving both to those
who suffered it and to those who saw it; and it ought to have been no
part of the punishment inflicted. It was horrible, and it sometimes
befell those who were accused of nothing, but were merely there to be
tortured as witnesses. The lawyer who forced that wretched hostess
to confess the character of her house used no unfair means, and he
dealt with her as sparingly as he might; yet it was still a shocking
spectacle; for she was, curiously enough, not lost to shame, but most
alive to it, and, standing there before that brutal crowd, gave up
her name to infamy, with atrocious pain and hate; her face was such
a visage as hell-fire might flash into sight among the newly damned,
but such as our familiar and respectable sunlight would do well not to
reveal to any eyes but magistrates’ and priests’. Till one has seen
such a thing it is incredible that it should be, and then incredible
that it should possibly be of daily occurrence. It was as if the
physicians in charge of a public hospital should permit that rabble
to be present at a clinique for some loathsome disease, to see that
there was no malpractice. If the whole trial could have taken place
with closed doors, and with none present but the parties, the lawyers,
and the court, what possible harm could have been done? I think none
whatever, and I am so sure of this that I would not only have all the
police trials secret, but I would never have another police report in
print—after this! Then the decency of mystery, and perhaps something
of its awe, would surround the vulgar shame and terror of the police
court, and a system which does no good would at least do less harm than
at present.
It will be perceived that, like all reformers, I am going too far. I
begin with demanding secrecy in police trials, and I end by suggesting
that they be abolished altogether. But in fact nothing struck me more
forcibly in the proceedings of the police court than their apparent
futility. It was all a mere suppression of symptoms in the vicious
classes, not a cure. This one or that one would not steal, or assault
and batter, for the given term of his imprisonment, but this was
ludicrously far from touching even the tendency to theft and violence.
These bad boys and girls came up and had their thrashing or their rap
over the knuckles, and were practically bidden by the conditions of our
civilization to go and sin some more. Perhaps there is no cure for vice
and crime. Perhaps there is nothing but prevention, in the application
of which there is always difficulty, obscurity, and uncertainty.
The other day, as I passed the court-house, that sad vehicle which is
called the Black Maria was driving away from the high portal into which
it backs to receive its dead. (The word came inevitably; it is not so
far wrong, and it may stand.) The Black Maria may still be Maria (the
reason why it should ever have been I do not know), but it is black no
longer. On the contrary, it is painted a not uncheerful salmon color,
with its false sash picked out in drab; and at first glance, among the
rattling express wagons, it looked not unlike an omnibus of the living,
and could have passed through the street without making the casual
observer realize what a dreary hearse it was. I dare say it was on
its way to the House of Industry, or the House of Correction, or Deer
Island, or some of those places where people are put to go from bad to
worse; and it was fulfilling its function with a merciful privacy, for
its load of convicts might have been dragged through the streets on
open hurdles, for the further edification of the populace. Yet I could
not help thinking—or perhaps the thought only occurs to me now—that
for all reasonable hope as to the future of its inmates the Black Maria
might as well have been fitted with one of those ingenious pieces of
mechanism sometimes employed by the Enemies of Society, and driven
out to some wide, open space where the explosion could do no harm to
the vicinity, and so when the horses and driver had removed to a safe
distance—
But this is perhaps pessimism.
It is very hard to say what pessimism really is, and almost any honest
expression concerning the monotonous endeavor and failure of society
to repress the monotonous evolution of the criminal in conditions
that render his evolution inevitable, must seem pessimistic. I do not
suppose that we ought to kill him merely because we cannot hope to cure
him, though society goes to this extreme in certain extreme cases.
Is it right to kill the criminal at one stage of his career, and not
at another? After the first conviction the rest is inevitable, and
each succeeding conviction follows as a matter of course. A bleaker
pessimist than myself might say that all criminal courts seem to be
part of the process in the evolution of the criminal. Still, criminal
courts must be.