Facts and Fictions of Life. Gardener Helen Hamilton
or the bailing of some important prisoner who declined to spend a night in jail while only a charge and not a conviction hung over him.
"I have never committed anyone without seeing him personally," he explained. "Some judges do; but I never have. Only last night a man's brother and sister and two doctors tried to have me commit him as a lunatic, but I insisted on being taken to where he was. They begged me not to go in as he was dangerous; but I did, and one glance was all I needed. He was a maniac, but I would not take even such strong evidence as his relations and two doctors afforded without seeing him personally."
"And some judges do, you say?" I inquired.
"Oh yes. Next."
"Next" had been waiting before the desk for some time. The officer went through the same form of oath. I did not see a policeman or court officer actually "kiss the book" during the two days which I spent in the Police Courts. Some witnesses did kiss it in fact and not only in theory. A loud resounding smack frequently prefaced the most patent perjury. Indeed in two cases after swearing to one set of lies and kissing the Bible in token of good faith, the accused changed their pleas from not guilty to guilty and accepted a sentence without trial.
These facts did not appear to shake the confidence in the efficacy of such oaths and the onlookers in the court did not seem either surprised or shocked. Certainly the court officials were not, and yet the swearing went on. That it was a farce to the swearers who were quite willing to say they believed they would "go to hell" if they did not tell the truth and were equally willing to run the risk, looked to me like a very strong argument for a form of oath which should carry its punishment for perjury with it to be applied in a world more immediate and tangible.
The afternoon found me in a more crowded Police Court. The Justice was rushing business. I stood outside the railing in front of which the accused were ranged. The charges were made by the police officer who faced the Judge. The accused stood almost directly behind the policemen something like four feet away. I was by the officer's side and so near as to touch his sleeve, and yet I can truly say that I was wholly unable to hear one-half of the charges made; most of them appeared to relate to intoxication, fighting, quarreling in the street, breaking windows and similar misdeeds.
Some of the "cases" took less than a minute and the accused did not hear one word of the charge made. What he did hear in most cases and all he could possibly hear was something like one of these:
"Ten dollars or ten days." "Three months." "Ever been here before?"
"No, your Honor."
"Ten days."
"Officer says you were quarreling in a hallway with this woman. Say for yourself?"
"Well, your Honor, I was a little full and I got in the wrong hall and she tried to put me out and – "
"Ten dollars."
"Your Honor, I'll lose my place and I've got a wife and – " The officer led him away. Ten dollars meant ten days in prison to him and the loss of his situation. What it may have meant to his family did not transpire.
To the next "case" which was of a similar nature, the fine meant the going down into a well-filled pocket, a laugh with the clerk and the police officer who took the proffered cigar and touched his hat to the object of his arrest, who, having slept off his "plain drunk," was in a rather merry mood. Many of the accused did not hear the charges made against them by the officer; in but few cases were they told that they had a right to counsel; almost all were fined and at least two-thirds of the fines meant imprisonment. A little more care was taken, a little more time spent if the face or clothing of the accused indicated that he was of the well-to-do or educated class. Indeed I left this court feeling that the inequality of the administration of justice as applied by the system of fines was carried to its farthest limit, and that it would be perfectly possible – easy indeed – to find a man (if he chanced to be poor and somewhat common looking) behind prison walls without his knowing even upon what charge he had been put there and without having made the slightest defense. If he were frightened, or ill, or unused to courts, and through uncertainty or slowness of speech, or not knowing what the various steps meant, had suddenly heard the Judge say "Ten dollars," and had realized that so far as he was concerned it might as well have been ten thousand; it was quite possible, I say, for such a man to find himself a convict before he knew or realized what it meant or with what he was charged.
I wondered if all this was necessary, or if attention were called to it from the outside if it might not set people to thinking and if the thought might not result in action that would lead to better things.
I wondered if a rapid picture of a boy of sixteen arrested for fighting, shot through this court into association with criminals for ten days, being found in their company afterward and sent by the criminal court to prison for three months for larceny, and afterward appearing and re-appearing as a long or short term criminal, would suggest to others what the idea suggested to me? I wondered, in short, if there were less machinery for the production and punishment of crime and more for its prevention, if life might not be made less of a battlefield and hospital for the poor or unfortunate. I wondered if the farce of oaths, the flippancy of trials, the passion of the prosecutor for conviction and all the train of evils growing out of these were necessary; and if they were not, I wondered if the vast non-court-attending public might not suggest a remedy if its attention were called to certain of the many suggestive features of our courts that presented themselves to me during my first two days as an observer of the legal machinery that grinds out our criminal population.
THROWN IN WITH THE CITY'S DEAD
I read that headline in a newspaper one morning. Then I asked myself: Why should the city's dead be "thrown in?"
Where and how are they "thrown in?" Why are they thrown in?
Why, in a civilized land, should such an expression as that arouse no surprise – be taken as a matter of course? What is its full meaning? Are others as little informed upon the subject as I? Would the city's dead continue to be "thrown in" if the public stopped to think; if it understood the meaning of that single, obscure headline? Believing that the power of a free and fearless press is the greatest power for good that has yet been devised; and believing most sincerely, that wrongs grow greatest where silence is imposed or ignorance of the facts stands between the wrong doer, or the wrong deed, and enlightened public opinion, I decided to learn and to tell just the meaning —all of the meaning – of those six sadly and shockingly suggestive words.
Suppose you chanced to be very poor and to die in New York; or suppose, unknown to you, your mother, a stranger passing through the city, were to die suddenly. Suppose, in either case, no money were forthcoming to bury the body, would it be treated as well, with as humane and civilized consideration as if the question of money were not in the case? We are fond of talking about giving "tender Christian burial," and of showing horror and disgust for those who may wilfully observe other methods. We are fond of saying that death levels all distinctions. Let us see whether these are facts or fictions of life.
The island where the "city's dead" are buried – that is, all the friendless and poor or unidentified, who are not cared for by some church or society – is a mere scrap of land, from almost any point of which you easily overlook it all, with its marshy border and desolate, unkempt surface. It contains, as the officer in charge told me, about seventy-nine acres at low tide. At high tide much of the border is submerged. Upon this scrap of land – about one mile long and less than half a mile wide at its widest point – is concentrated so much of misery and human sorrow and anguish, that it is difficult to either grasp the idea one's self or convey it to others.
There are three classes of dead sent here by the city. Those who are imbecile or insane – dead to thought or reason; those who are dead to society and hope – medium term criminals; and those whom want, and sorrow, and pain, and wrong can touch no more after the last indignity is stamped upon their dishonored clay. I will deal first with these happier ones who have reached the end of the journey which the other two classes sit waiting for. Or, perhaps some of them stand somewhat defiantly as they look on what they know is to be their own last home, and recognize the estimate placed upon them by civilized, Christian society.
Upon this scrap of land there are