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diff --git a/old/63641-0.txt b/old/63641-0.txt deleted file mode 100644 index d4e9e8d..0000000 --- a/old/63641-0.txt +++ /dev/null @@ -1,10381 +0,0 @@ -The Project Gutenberg eBook, The New York Tombs Inside and Out!, by John -Josiah Munro - - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - - -Title: The New York Tombs Inside and Out! - Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison. - - -Author: John Josiah Munro - - - -Release Date: November 5, 2020 [eBook #63641] - -Language: English - -Character set encoding: UTF-8 - - -***START OF THE PROJECT GUTENBERG EBOOK THE NEW YORK TOMBS INSIDE AND -OUT!*** - - -E-text prepared by the Online Distributed Proofreading Team -(http://www.pgdp.net) from page images generously made available by -Internet Archive (https://archive.org) - - - -Note: Project Gutenberg also has an HTML version of this - file which includes the original illustrations. - See 63641-h.htm or 63641-h.zip: - (http://www.gutenberg.org/files/63641/63641-h/63641-h.htm) - or - (http://www.gutenberg.org/files/63641/63641-h.zip) - - - Images of the original pages are available through - Internet Archive. See - https://archive.org/details/cu31924080788643 - - -Transcriber’s note: - - Text that was in italics is enclosed by underscores (_italics_). - - - - - -[Illustration: - - John J. Munro - Ex-chaplain of the Tombs.] - - ------------------------------------------------------------------------- - - -THE NEW YORK TOMBS INSIDE AND OUT! - -Scenes and Reminiscences Coming Down to the -Present.—A Story Stranger Than Fiction, -With an Historic Account of -America’s Most Famous -Prison. - -by - -JOHN JOSIAH MUNRO, - -Ex-Chaplain of the Tombs. - -(Illustrated) - - - - - - -Brooklyn, N. Y. - -Printed and Published by the Author, -at 186 Ainslie Street. - -Price, $1.50. - -Copyrighted, 1909, -by -John J. Munro, -Brooklyn, N. Y. - -Thomas J. Blain, Printer, -Port Chester, New York. - - - - ------------------------------------------------------------------------- - - - - - INTRODUCTION. - - By Rev. Madison C. Peters, D. D. - - -I have known the author of this book for many years. He was once -associated with me in my ministerial work. I know all about his work as -Chaplain of the Tombs, and have often spoken with him about the -conditions prevailing in that institution, and have again and again -urged him to tell the public all he knows about its inside workings. I -have every reason to believe from what I know of the author, that he has -written a true story, one which every citizen of Greater New York should -read, and which ought to arouse the red-hot blood of every lover of his -kind. - -The book ought to be in the hands of every clergyman, lawyer, physician, -and of every good citizen. It will furnish material for sermons and -addresses, and give impulse and impetus to all the workers for social -betterment, and bring to us the blessings of Him who said: “I was in -prison and ye visited Me.” - - ------------------------------------------------------------------------- - - - - - THANKS. - - -In the preparation of this work, I feel I am under lasting obligations -for discriminating advice and kindly suggestions tendered me at -different times by many friends. But I am under special debt to Mr. -George H. Sandison, Managing Editor, and J. A. Belford, Art Editor of -the Christian Herald, for valuable suggestions. - -I also express my sincere thanks to the Rev. Madison C. Peters, D. D., -whose clarion voice against wrongs and abuses of various kinds has been -heard all over Greater New York, for many helpful suggestions. I am also -thankful to many of the New York magazines and papers for kind words and -much interest in articles of mine on Prison Work that have appeared from -time to time. These magazines and papers include Harper’s Weekly, -Success, Van Norden, Intelligencer, Christian Advocate, Examiner, Press, -Presbyterian, Witness and many others. - -I extend my thanks also to Messrs. Harper & Bro., for the use of a cut, -and to the Evening Journal for the loan of photographs. - - THE AUTHOR. - - ------------------------------------------------------------------------- - - - - - ILLUSTRATIONS. - - - THE AUTHOR, REV. JOHN J. MUNRO - CHILDREN’S COURT - GENERAL SESSIONS JUDGES - CRIMINAL BRANCH OF SUPREME COURT - EX-POLICE COMMISSIONER THEODORE A. BINGHAM - POLICE COMMISSIONER BAKER AT HIS DESK - NEW TOMBS PRISON - CORRIDOR OF WOMEN’S PRISON - OLD TOMBS ENTRANCE ON LEONARD STREET - DAVIS, WHO PARDONED HIMSELF OUT OF PRISON - SING SING PRISON ENTRANCE - SING SING CHAPEL - THE DEATH CHAMBER AT SING SING - NEW POLICE HEADQUARTERS - SUNDAY MORNING SERVICE IN THE OLD TOMBS - OLD POLICE HEADQUARTERS - JUSTICE BLANCHARD OF SUPREME COURT - JUSTICE GOFF OF THE SUPREME COURT - THE BRIDGE OF SIGHS - HON C. V. COLLINS, SUPERINTENDENT OF PRISONS - HON. JOHN F. MCINTYRE, CRIMINAL LAWYER - SCENE IN THE TENDERLOIN STATION HOUSE - MRS. JOHN A. FOSTER, THE TOMBS ANGEL - PUTTING A CROOK THROUGH THE “THIRD DEGREE” AT POLICE HEADQUARTERS - ROLL CALL IN A STATION HOUSE AT MIDNIGHT - MEN’S PRISON - WOMEN’S PRISON - - ------------------------------------------------------------------------- - - - - - CONTENTS. - - - FOREWORD - - PERSONAL EXPERIENCES Page 11 - - The strange circumstances of a visit - to the Tombs on an errand of - mercy.—Early impressions more than - thirty years ago.—Recollections—Humane - Overseers. - - - CHAPTER I. - - WHAT I KNOW ABOUT THE TOMBS Page 17 - - A modern Prison Barracks—Personal - Experiences—Amazing stories of - corruption—Ruth Howard’s bomb—Charges - pigeon-holed—Commissioner Hynes’ - Administration—Bissert in - clover—Drunken prisoners—The gamblers’ - paradise—Lawyers and - clients—Privileges for the few—Abusing - the unfortunate—The food—Tammany - Politics—City Prisons in charge of - State authorities. - - - CHAPTER II. - - AN HISTORICAL ACCOUNT OF AMERICA’S MOST Page 29 - FAMOUS PRISON - - The Collect Pond of three generations - ago—King William’s - Experience—Agitation to fill up—How it - came to be called the Tombs—Size of - the old Tombs—Retrospect—The New - Tombs—When Opened—The semiofficial - characters. - - - CHAPTER III - - MODERN EXCUSES FOR CRIME Page 38 - - Criminal instincts—Moral - defectives—Inducing men to commit - crime—Examples—The fair sex as - tempters—The irresistible - impulse—Drawing the line. - - - CHAPTER IV. - - HOW CRIMINALS ARE MADE Page 45 - - Increase in crime—Fierce modern - temptations—Strong drink as a crime - maker—Immigration—Gladstone’s - dictum—Finding the causes—Is there a - remedy? - - - CHAPTER V. - - THE SCIENTIFIC CRIMINAL Page 50 - - The criminal product of the 20th - century—A crook’s outfit—Criminal - character—Beating the - law—Anthropology—Lombroso as an - authority on crime—Crime and the - Nation—Repressive measures. - - - CHAPTER VI. - - SOME FAMOUS TOMBS PRISONERS Page 57 - - The irony of fate—The innocent and - guilty—Monroe Edwards—Murderers’ - Row—Scannel, Croker, Erastus Wyman, - Ferdinand Ward, Buchanan, Carlyle - Harris, Patrick and Thaw. - - - - CHAPTER VII - - THE DANGEROUS EDUCATED CROOK Page 62 - - The fallacy that education cures - crime—Moral training necessary—John - Howard and education—Industry and - crime—Elmira’s experience—Where the - educated crook is dangerous—Examples. - - - CHAPTER VIII. - - LEAVES FROM THE HISTORY OF A CHECKERED Page 67 - CAREER - - The remarkable confessions of one of - the brightest, brainiest and smartest - crooks of his day. - How He Pardoned Himself Out of Prison - Admits total depravity—His - prayer—Serving time in a Coal - Mine—Impersonating a - clergyman—Feigning to be deaf and - dumb—Bemoaning His sad condition. - - - CHAPTER IX. - - THE AUTOBIOGRAPHY OF A CROOK Page 75 - How a Young Life Was Wrecked - - A New England ancestry—An indulgent - mother—Idleness and bad company—The - feelings of a guilty conscience—Work - or crime, which?—State - prison—Liberty—Again arrested—A new - career in crime—Many burglaries. - - - CHAPTER X - - WANDERING STARS AND BUZZARDS OF THE Page 81 - TOMBS - Thrilling Experiences - - The study of human nature—Deception of - the looks—Chronic liars—A deserter - from Russia—Chump of Harlem—Many dark - records—Four years for telling a - lie—Capt. Jack—Crooked Kahn—The Panel - Crooks—Wilson’s career—The dress - slasher—Amazing cheek. - - - CHAPTER XI. - - BRILLIANT FORGERY CROOKS Page 100 - - Forgery as a fine art—A skilled - crime—Forgery experts—Becker, the King - of Forgers—His career—Three of a kind. - - - CHAPTER XII. - - CHANGING THE GRAND JURY INTO A BOARD OF Page 108 - CRIMINAL EXPERTS - A New Classification of Criminals - - Popular demand to abolish the Grand - Jury—Judges ask for legal - indictments—Too rapid work in Grand - Jury room—The weakness of the - system—Rich men on the Grand - Jury—Under the control of - District-Attorney—Board of Criminal - Experts—Save the county millions of - dollars—Cases—An original - classification. - - - CHAPTER XIII - - SCHOOLS OF CRIME Page 120 - How Young Crooks are Educated - - Crime both infectious and - contagious—Importing crooks—New York - prisons, crime breeders—Modern - Fagins—Breaking up Faginism—Best - remedy morality in the public schools. - - - CHAPTER XIV. - - YOUTHFUL DELINQUENTS AND THE CHILDREN’S Page 126 - COURT - - The cause of temptations—Reasons for - children in crime—Evil - resorts—Conversations with child - criminals—The German boy—The - Children’s Court—Its origin—Crime - among poor children the result of - social conditions—Incorrigibles—The - good work of the Children’s Aid - Society—Foolish “coddling” of lawless - children. - - - CHAPTER XV. - - THE ROD AS A REFORMATIVE AGENT IN THE Page 133 - EDUCATION OF YOUTHFUL LAWBREAKERS - - A recent ruling on corporal - punishment—Favored by best prison - reformers—Horace Mann—School - Principals and teachers—Supt. - Brockway—What they do in England and - Germany—Rights of parents—Lawless - homes—Crime more demoralizing than - pain—An experienced probation - officer—What others say. - - - CHAPTER XVI - - CRIME AMONG WOMEN Page 139 - (1) The Social Evil. (2) Felonies. - (3) The Shoplifter. - - Causes of crime among women—Reasons - for moral leprosy—The Cadet system—How - carried on—Examples—The celestials of - Chinatown—Women of the Tombs—Mother - Mandelbaum—Queen Bertha—A belle from - old Kentucky—Others—The modern - shoplifter—Examples. - - - CHAPTER XVII. - - THE STEAL OR STARVE UNFORTUNATES Page 151 - - A great omission—Poverty and social - conditions the cause of crime—The - unemployed—Hungry children—Poverty - homes and crime—What ex-convicts - say—Hungry men commit crime to be sent - to prison—Want food. - - - CHAPTER XVIII. - - HOW YOUNG MEN BREAK INTO PRISON Page 157 - - Startling facts—Save young men—The way - of the transgressor—How young men go - down—Example—Percentage of young - men—Opinion of Supt. - Brockway—Generators of crime—Fast - living—Examples—Bad associates—Need of - agencies. - - - CHAPTER XIX - - OUR POLICE GUARDIANS Page 164 - - Prevention better than cure—An - experienced Superintendent—Politics - the curse of the Department—The Lexow - investigations—The single-headed - Commissioner—Present standing of the - Police—The work of a policeman—The - cost of the police for 1909—General - Bingham. - - - CHAPTER XX. - - THE DETECTIVE BUREAU Page 171 - - The Detective Bureau—Early - heads—Modern methods—Crime as a - science—The Dewey parade—Detectives in - disguise—Old world methods—Scotland - Yard and French methods—The work of - the stool pigeon—Examples. - - - CHAPTER XXI. - - THE ROGUES’ GALLERY AND THE THIRD DEGREE Page 179 - - The Gallery—Measurement of - crooks—Clippings—Up to date - records—Arrests last year—Curiosities - of crime—Mugging crooks—The third - degree, what is it—Inspector Byrnes - and Jake Sharp—The third degree in - Germany. - - - CHAPTER XXII - - THE CITY GANGS Page 185 - - City gangs for sixty years—Political - clans—The Bloody Sixth—The Whyo - Gang—How they lived—Relation to - crime—Paul Kelly and Monk Eastman - Gangs—Their East Side pull. - - - CHAPTER XXIII. - - CRIMINAL TRIALS AND THE GLORIOUS Page 190 - UNCERTAINTY OF THE LAW - - Noted criminal trials—Catering to - depraved tastes—Some great - trials—Legal loopholes—Beating the - case—Many trials a farce—Swift justice - for criminals—Homicide trials—Lax - condition of courts—Greasing the - machinery of the law—Crooks at the bar - of justice—Noted criminal - lawyers—Strange sentences—Examples. - - - CHAPTER XXIV. - - CRIMINAL BRANCH OF THE SUPREME COURT Page 202 - - The new Constitution—Abolition of the - Oyer and Terminer—An exclusively - criminal court—The highest Court in - the State—Criminal branch of the - Supreme Court in session nine - months—Cases of great public - importance—Narrow margin between civil - and criminal law—Dead - sympathies—Variety of thinking—Merging - the General Sessions. - - - CHAPTER XXV - - SHARKS AND SHYSTERS OF OUR CRIMINAL Page 206 - COURTS - - Fallen on evil days—Robbing - clients—Examples—Steerers and - policemen—The City and District - prisons—Grafting around Courts. - - - CHAPTER XXVI. - - SCENES IN OUR POLICE COURTS Page 213 - - The sorting Criminal Bureau—How crooks - are gathered in the pens—The - Magistrates’ Court—The shyster and - ward heeler—The power of a - pull—Examples—Mike Maguire—The - drunks—Sunday morning at the Tombs - Court—Small justice—Good Judges. - - - CHAPTER XXVII. - - CROOKED CROOKS IN PRISONS Page 219 - Crime Committed in Penal Institutions - - Brilliant men in prison—Bold - crooks—Dr. Robertson’s experience with - crooks—Shep of New York—A big - undertaking—His success—Counterfeiters - in Auburn—Big discovery—Sent to - Clinton Prison. - - - CHAPTER XXVIII - - SCENES DURING VISITING HOURS IN THE Page 226 - TOMBS - - A polyglot assembly—Many - nationalities—Pathetic scenes—The - guilty son—The young woman—Mothers - kneeling—The newsboy—Murderers’ - Row—Negroes—Italians—Germans—The - prisoner’s plaint. - - - CHAPTER XXIX. - - DOES IMPRISONMENT REFORM? Page 236 - - A hard question—Changing - character—Cure for crime—Brooding over - the past—Born crooks—Lines of - circumvallation—Efforts made to - reform—Evolution of prison - reform—Needed reforms to-day—The - greatest barrier. - - - CHAPTER XXX. - - STRONG DRINK AND CRIME Page 243 - - Personal observations of the effect of - strong drink—Close the saloons and you - will close the prisons—Moral - supineness—A New York expert on - murders—The Medical News—Empty jails - in Prohibition States. - - - - CHAPTER XXXI - - THE ANGELS OF THE TOMBS Page 248 - - The phrase originally given to only - two missionary workers—How Mrs. - Schaffner became a Tombs Angel—Her - work as a missionary—The second Tombs - Angel, Mrs. John A. Forster—A night in - the Death House—How missionaries are - deceived. - - - CHAPTER XXXII. - - WEDDINGS OF THE TOMBS Page 256 - - Marriages performed since 1838—Two - kinds, voluntary and compulsory—One of - the earliest marriages—Married on the - train to Sing Sing—Lawyer Patrick’s - venture—Other marriages. - - - CHAPTER XXXIII. - - AFTER SENTENCE, WHAT? Page 261 - - From Tombs to State Prison—English - system—Received in prison—Initiation, - classification and shops—A prison - reformer—What he has done to improve - the prisoner’s lot—A new - discipline—The soul of reformation. - - - CHAPTER XXXIV - - THE INFLICTION OF THE DEATH PENALTY IN Page 269 - THE TOMBS - - John C. Colt—A suicide—Hanging day in - the Tombs—The hanging of Harry - Carlton—Scenes around the - building—Official list of the - executed. - - - CHAPTER XXXV. - - A VISIT TO THE DEATH HOUSE AT SING SING Page 277 - - A never-to-be-forgotten visit—Supreme - Court orders—The earliest victims—The - escape of Pallister and Roche—What I - saw—The men present—Casconea’s - experience. - - - CHAPTER XXXVI. - - A TRAMP COLONY Page 284 - - What shall be done with our - tramps?—Organize a colony—How - graded—Working on business - principles—The cost of such an - undertaking—What the French - do—Habitual criminals and - misdemeanants—How they may be - segregated and classified. - - - CHAPTER XXXVII - - THE COST OF CRIME IN GREATER NEW YORK Page 291 - - A staggering question—Rikers Prison—A - national waste—Careful study of the - cost of crime—Crime on the - increase—Direct expenditures—Indirect - expenditures—Tables showing how money - is spent—Criminal loopholes—Results. - - - CHAPTER XXXVIII. - - THE AGE OF GRAFT. Page 296 - - The bane of our municipal - government—New York’s prosperity—What - it cost to run the city—Assessments - and commissions—Ancient and modern - grafters—Police graft—Fortunes for the - few—Various grafting schemes—The new - water works. - - ------------------------------------------------------------------------- - -[Illustration: - - A Sunday morning service in the old Tombs prison.] - - ------------------------------------------------------------------------- - - - - - FOREWORD - - Some Personal Experiences - - -My first visit to the grim old Tombs Prison was in the early part of -1875. I have never forgotten that visit and the deep impression it left -on my mind. The scenes I witnessed that day have come back to me scores -of times and I have wished that I had the power to have changed the -things I then saw. At any rate, that memorable experience started in my -soul a deeper sympathy and pity for erring humanity. - -Afterwards I spent much time visiting the old prison, as I had the -opportunity, and I found it a splendid place for the study of human -nature, and especially the criminal side of life. - -When speaking to New Yorkers of the scenes I had witnessed in this -prison, I found them to be densely ignorant of its history and -management. Why should they take any interest in the old Tombs? New -Yorkers are too busy in commercial pursuits to give much time to such -trifles! I found, however, after they were aroused on the subject of -abuses they wished to know everything, and they wondered like myself why -politics should be allowed to have such a controlling power in the City -Prison. - -At this time I was a lay missionary. My field of labor was the old “Red -Light District.” This part of New York was not as densely populated as -now. It contained a large number of people, mostly of the thrifty Irish -and German class. It had many large tenements which contained from eight -to twelve families, which were veritable “bee hives” of the human -species. - -While visiting, not far from Essex Market Court, a lady informed me that -a member of my Sunday School was then in the Tombs, and asked me to go -and see him. This was new work for me and I confess, I did not know how -to go about it. I called to see the boy’s mother, who kept a beer garden -in the neighborhood. But I could get nothing out of her, and came away -feeling that my labor was all in vain. The woman was so much absorbed in -her saloon business and so benumbed and besotted with beer that she -seemed devoid of all motherly instinct and feeling. And she seemed not -to care the snap of her finger about her boy. - -After a good deal of difficulty I made my way to the Boys’ Prison in the -Tombs, which was in the rear of the building. To my amazement I found a -crowd of young thieves and pickpockets huddled together, and this Sunday -School lad in the midst. In those days the authorities made no attempt -at segregation or discrimination. The boys were all together, cursing -and howling like a lot of devils! I was pained beyond measure, and I -regret to say when I returned to the City Prison after nearly twenty -years, almost the same condition existed. I found the Boys’ Prison in a -filthy condition—damp and foul, more fit for hogs than human beings, and -this besides the continual noises, yelling, howling, cursing, swearing -and cat-calls in ten languages! - -I made a hurried investigation and saw the authorities, after which the -boy was discharged and returned home. He never forgot his experience in -that gloomy old prison! I kept watch of him but I do not think he was -ever the same person. Those few days in the Tombs as the companion of -thieves and pickpockets not only marred his future life but came near -blasting his usefulness forever! - -I kept up my interest in the poor, gaunt, ill clad, badly fed and -poverty stricken unfortunates of the old Tombs, a large number of whom -were criminals simply because of their social conditions and for no -other reason. I was a frequent visitor till my graduation from Union -Theological Seminary in 1880. - -In 1897 I again took up my residence in New York. I felt my interest in -prison labors come back with the freshness of youth, and at once gave my -Sundays to the prosecution of the work. - -I have found that the Boys’ Prison has always been the hardest -department to manage in the entire Tombs system. Sometimes a keeper was -placed in charge who knew how to handle boys. But in later years the -conditions were worse than ever. We knew one keeper who was a common -scold. He swore at the boys and they swore back at him, using the most -vulgar and lurid profanity. Then they would steal from each other, fight -among themselves like old time pugilists and they could always depend on -outsiders to smuggle in cigarettes and blood curdling dime novels. On -account of the lack of discipline, the Boys’ Prison became one of the -most proficient Schools of Crime. Here they learned to become expert -pickpockets under the very nose of the prison authorities! - -I have often told my friends when showing them around the building I -would rather bury a relative of mine than have him spend a week in this -dirty, immoral pest hole. During the past five or six years there has -been an average of 75 to 80 boys a day in this prison, and shocking to -relate, one-half have frequently to be treated for venereal disease. If -you want your boy to be a full-fledged degenerate and outcast send him -to the Tombs Prison, for only a few days, and when he comes out of this -School of Crime he will dare anything in the line of criminality! - -It is a fact that cannot be denied that in this prison some of the boys -plan crime and execute it on the outside. This has been proven scores of -times, when these young crooks return to the prison on fresh charges. If -you question them they will admit that they received their incentive to -do crooked deeds while in the Tombs. Those who are sent to the -Protectory and the House of Refuge are seldom improved when they come -out. Barney McGill, who had been a lieutenant in the Navy during the -Civil War, was one of the best and kindest of keepers. He was in the -Department of Corrections for many years and was noted for his outspoken -fidelity. While in charge of the Boys’ Prison a few years ago, he wore a -gold watch and chain exposed to view. Some of the “kids” thought it was -a “dead-easy” thing to get Barney’s watch. An East Side boy named Mickey -Cohen, promised to secure it without much trouble. One morning this -young crook called Barney to his cell and said, “Keeper, I want to speak -to you. Excuse me, I am afraid to speak loud ‘cause if some of dese kids -hear it, dey will kill me.” “Speak out, my little man,” said Barney, “I -will see that no one harms you.” Then he told Barney a “fake” tale of -some boys who intended to escape. While he was doing this he stole -Barney’s watch, leaving the chain dangle in front of his vest. In half -an hour Barney missed his gold watch. After threatening to “kill” a half -a dozen of the suspicious crooks, the guilty one confessed. Afterwards -the watch was found in the cell mattress. - -When Jimmy Hagan was boss of the Tombs he took Billy Evers from -Murderers’ Row and sent him to the Boys’ Prison for some trifling -offence. Billy was a good keeper and a favorite among the boys. He had a -fatherly way of getting around them and into their affection. He never -swore at them! Whenever I made trips to Sing Sing in after years in the -interest of the discharged prisoner and met any of the old boys they -were sure to ask after Billy Evers. - -Then there was Larry Creevy. Some boys were afraid of him but he knew -how to keep them in their place. Then there were John O’Conners and Mike -Breen, two most excellent keepers. Under John E. Van De Carr, who can -truthfully be called the Prince of Wardens, the Boys’ Prison was carried -on above reproach! - -It is needless to say that some of these boys were the children of -well-to-do parents who allowed them to be sent to the City Prison for -the “scare” it would give them. But it had no apparent effect on most of -them. Many times a mother in silks and satins with a full display of -jewelry would visit the Prison. One day a mother went to one of the -judges to ask clemency for her boy who was up for sentence. The judge -was disposed to be lenient with the lad as he was not a thief. But the -Court had made inquiry and learned that the parents were more to blame -for his downfall than the boy. I was glad the judge spoke as he did, -before he got through that mother’s face was crimson. “Woman,” said the -judge, “why don’t you look after your boy? You are responsible for his -disgrace. You go out at night to the theatre and other social functions, -and while you are having a nice time your boy is going to the Devil! If -you promise to stay at home and try and bring up your boy the proper -way, I will suspend sentence.” She did. - -For several years after I went to the Tombs there was a man who acted as -school teacher and probation officer, whose vile relations with the boys -in his rooms on Chrystie street, was scandalous. Several had confessed -to me as well as to Father Smith, the Catholic Priest. As soon as I -learned that the shocking information was true, I sent the boys and -their parents to Commissioner Hynes, and with the aid of Justice Meyers -of Special Sessions he was “bounced.” The general opinion at the time -was that the brute ought to have been sent to Sing Sing for twenty -years. Warden Van De Carr deserved great credit for the help rendered on -this occasion. These and similar abuses have been going on in our -prisons for years, but no body is willing to stop them or expose them? -The present missionary mollycoddles would not dare to speak against -them, and as far as the Tombs abuses are concerned the Prison -Association has been dumb on these and similar subjects. The courts find -it hard to secure the right kind of Probation officers. This is -especially true in regard to Boys. A loud mouthed, untruthful grafter -should not be allowed to manage boys under any circumstances. There are -two notable exceptions, one in Brooklyn and the other in New York—both -reliable men, Messrs. Baccus and Kimball. - - ------------------------------------------------------------------------- - - - - - CHAPTER I - - WHAT I KNOW ABOUT THE TOMBS - - -No prison on the American continent has had such an unsavory reputation -as a corrupt grafting institution as the New York Tombs. This has been -especially true when City politics had decreed it to be in charge of the -House of Grafters on Fourteenth Street. - -In giving my personal experience of what I have beheld with my own eyes -in America’s greatest criminal barracks, I do so with the sole object of -letting the light in, and making it easier, if possible, for future -unfortunates who may be domiciled here for any length of time. - -For many years the Tombs Prison has been the happy hunting ground for -graft and “rake-offs” of various kinds, given in return for all kinds of -privileges. Money has always been used to awaken the darkest passions in -man, those who are mad for the “dough” take all kinds of chances to -secure it. - -To the daily visitor who comes to the City Prison, everything looks -beautiful and serene on the outside. But the careful observer sees -things in a different light and as he reads between the lines he can -detect the spurious from the genuine. - -In endeavoring to carry on the work of a prison from a business -standpoint we must rid ourselves of everything romantic and deal only -with facts and common sense. It is not a pleasant task to expose infamy, -no matter where it is found. And you can rest assured that the one who -dares do it will be rewarded with invective, abuse and slander. On the -other hand, to pass it by without making some effort to change the -wretched conditions is cowardly. - -The stories told of the abuses of the Tombs seem as strange as the -Arabian Nights! But most of them were true and would have made fine -reading for the average New Yorker, but graft kept them out of the -newspapers and from publicity. - -One of the earliest “bombs” that struck the City Prison, was hurled by -an inmate named Ruth Howard during the sitting of the Mazet Committee, -in 1897-8. The Committee threatened to make an investigation and expose -the vile conditions which then existed. In her letter to the Committee, -Mrs. Howard describes the place as grossly immoral and, of course, -excoriated several of the officials by name. It was the general opinion -at the time that if the case had been pushed against these Tammanyites -they would soon be wearing striped suits either in Sing Sing or -Blackwell’s Island. After this the Commissioner refused to allow certain -ones to inspect the Women’s Prison. - -For a number of years charges have been made at various times against -the Tombs Prison in general and the Department of Corrections in -particular, which many of our City newspapers and a score of criminal -lawyers who have come in contact with the conditions have known to be -true, but nothing has been done to clean out this sink of iniquity. - -Whenever any person has had the courage to call attention to the -grafting abuses, common assaults, whiskey and dope smuggling and other -unseemly conduct of the Tombs officials, the usual response was -“Traitor, humbug, liar,” and a volley of anathemas! Such an answer -sufficed for the time being. Frequently these officials would resort to -a “white wash” paper, signed by missionaries and other hangers-on in the -building who would be compelled to affix their names to the document or -else be “bounced.” It seems to me all such whitewash “buzzards” were no -better than the real inmates of the cells! - -I recall now when I first went there that there were two Wall Street -swindlers in the old Prison who were said to be rich. They had sumptuous -privileges. One of these crooks fought for his liberty in the state and -federal courts but did not succeed, but as he had the ready cash on hand -he found a good cell in the annex. He had everything he desired. The -other man who was convicted, but had appealed for a stay, fought against -being bled any longer and was removed to an inferior cell. I remember he -sent out for reporters that he might give them a tale of oppression, but -they were not allowed to see him. The “grafters” told the newspaper men -that the fellow was crazy. - -In those days some of the abuses were of a gross sensual character and -had been going on for years but who would dare speak against them? And -so the grafters had everything their own way! - -I have nothing but kind words for the excellent work of the Hon. Thomas -W. Hynes, who was an ideal Commissioner during the Mayor Low -administration. Mr. Hynes was an honest, upright and fair Commissioner -and sought in every way to keep his department clean. He removed Warden -Flynn and it would have been well if the Courts had left him out as he -certainly has made a poor Warden. - - - Whiskey, Gambling and Other Privileges - -When Warden Bissert was an involuntary inmate of the Tombs in the fall -of 1901, he had so many privileges and such an old-fashioned good time -that many persons rightly concluded that he owned the City Prison. Not -only did he eat, drink, smoke the best Havanas and play cards at the -Warden’s table, but he was allowed to receive from ten to thirty plain -clothes policemen as his visitors daily! They had no passes whatever -when they came to the Tombs, but these were not necessary. All they were -required to say to the gateman was, “We are the Wardman’s friends.” On -Sunday afternoons, when everything was quiet, a woman was allowed to -pass through the front gate, enter a cell and be with a prisoner for -immoral purposes! The Keeper had orders to allow her pass into the -prison. I watched her enter the corner cell in the annex, which had a -gas jet, she came every Sunday for weeks and usually stayed an hour. Nor -was this an uncommon occurrence. Francis J. Lantry was Commissioner of -Corrections, James Hagan, Warden, and William Flynn, the present Warden, -was head keeper. Did I speak about it at the time? Certainly. And an -investigation was promised but like all of Tammany’s investigations it -never came! - -The city cops that came daily to see the wardman always brought a -plentiful supply of whiskey. And judging from the number of empty -bottles found around the ten-day house, the quantity consumed on the -premises was enormous. And often keepers, “trusties” and prisoners were -found more than half drunk. - -In these days Joe Williams, ballot-box stuffer, who was afterwards sent -to Sing Sing for a term of years, had special privileges. Joe was seldom -locked in his cell night or day. Many months afterwards when I -personally visited Auburn Prison, I found a man who had been at that -time in the “hall” with Williams; he informed him that the reason -Williams had so many privileges bestowed on him was on account of being -the “graft collector” in the ten-day house. - -Williams, “Jimmie” Maguire and other trusties, were often “paralyzed” -drunk in the tiers with the whiskey brought in for Bissert’s benefit. -“Jimmie” Maguire had been in the Tombs no less than twenty times to my -knowledge for drunk and disorderly conduct, and worked most of the time -in the kitchen under the colored chef. - -Every afternoon when the visitors had gone, keepers and inmates in -various parts of the prison sat down and boldly “picked out” the winners -of the races. And some made “books.” Then an official would be -dispatched to a pool room opposite the Criminal Court Building, said to -be over Tom Foley’s gin mill. This kind of gambling was kept up in the -Tombs daily, Sundays excepted, for years under Tammany Hall. The -prisoners saw the officials gamble and they in turn made “pools” and -sent their money where it could do the most good. - -This gambling became such a nuisance that it became known on the -outside. A gentleman well known around the Criminal Court Building told -me afterwards that to make sure of the rumor he sent a betting -“commissioner” to the pool room over Tom Foley’s saloon and he waited -there till the Tombs runner came and laid several bets on the ponies. - -When I saw how the poor unfortunates were being robbed and ruined, by -the prison gamblers, I made bold to go to Lantry and asked him to stop -it. I saw at once that I touched him, for he got red in the face. He -called Warden Flynn over the telephone and gave him a “roasting.” What -he said after I left the room, I have no idea, but when I reached the -Tombs I found that some persons had been struck by a cyclone. Thanks to -Mr. Lantry, the regular pool room messenger had been “fired” to -Blackwells Island and for several weeks the gamblers in the prison went -out of business. But in a short time the crooked work went on as brisk -as ever. At any rate, I relieved my conscience of a painful duty in the -matter and stopped the mean business for a season. I wish now that I had -called on Mr. Jerome and he might have sent the “bunch” to the -Penitentiary. - -From that time on these gambling officials became my Nemesis. They hated -to see me around the Tombs. Commissioner Lantry afterwards told me that -I was the only person among Catholics, Jews and Protestant missionaries -that ever personally complained against the rotten conditions in the -Tombs. But then cowards are afraid to tell the truth! - - - Steerage - -The way that lawyers have been robbed of their clients the past few -years in the City Prison has become a public scandal. Almost every day -there is a fight in the vicinity of the Counsel Room. It is the old -story, some reputable lawyer is fighting for his rights because an -official has stolen his client and given him to a “shyster.” It is said -that thousands of dollars a year have been passed to certain ones, who -have been the real “steerers,” and not the keepers. The Bar Association -should investigate and remedy this evil. There are a dozen reputable -lawyers in New York who are ready to furnish satisfactory evidence of -this bare-faced thievery and grafting. These corrupt officials should be -bounced, and a new Diogenes sent around the State with a searchlight -under his wing in an endeavor to find some honest men to take their -place. - -Old time “steerers” in the palmy days made plenty of money in securing -lawyers for prisoners. I recall a man who had secured a lawyer through -one of his friends while in the District Prison. It was a homicide case. -When he came to the Tombs one of the keepers persuaded him to give him -up. The keeper approached him, thus, “Say, who is your lawyer?” “So and -So,” was the reply. “Well, let me tell you, he is no good. You will have -a chance of going to the Chair or away for life!” “It’s only -manslaughter, my lawyer says.” “Don’t make any difference,” said the -keeper, “I am telling you for your own good. Give him up. Why don’t you -get Mr. ——?” So he secures Mr. —— and that keeper gets the graft from -the lawyer. - -When a certain politician was the boss of the City Prison, it was said -by the knowing ones that all homicides as soon as they gave their -pedigree at the desk were marched to the warden’s office where they were -privately catechised to know whether any “steerer” of the prison had -been giving them information about lawyers, and then informed that it -was not necessary for them to go to Court to get counsel, that he would -out of the goodness of his heart look after their interests and assign -them a lawyer. Two or three shyster firms had the murder cases during -this “regime,” at $500.00 per head, which was the amount of money -allowed by the State for the defence of every murderer, less one-half, -which went to the “grafter.” Thanks to Judge Rosalsky, who has made it a -rule that no prisoner in the Tombs can change his attorney without the -consent of the court. - - - The Prison Food - -The bread given to the prisoner comes from Blackwell’s Island. It used -to be said that it was an inferior quality to that given to the “cons” -in the penitentiary. It was often so black that it had to be thrown -away, and frequently the dogs would not eat it. The tea and coffee was -colored water and the daily soup was mighty poor stuff. When I asked a -wise official to explain, he said, “Can’t explain; some guy is getting -rich.” It used to be a prisoner could get a small piece of meat once in -a while if he paid the captain of the tier five cents! The Friday clam -soup used to be horrible! They said it stank like the devil! Holy -angels, what stuff to give to human beings. Hear the profane expressions -of disapproval from the prisoners as it is taken to the cell doors. “D—— -that chowder, take it away at once. The first time I ate it, it nearly -killed me.” Perhaps from another tier could be heard as they passed the -stinking stuff along, “Not for me. Send for the coroner and the grand -jury, call Jerome.” - - - Abusing the Unfortunates - -Some officials shamefully abuse the prisoners for a small offence and in -turn the prisoners curse them in the vilest profanity. - -In the early morning of July 4th, 1906, a colored man named Cambridge -called loudly for help. A night keeper responded. When he reached the -cell door he said, “What do you want?” The sick man replied, “Keeper, -get me a doctor, I am very sick.” The answer of the official was, “Go to -hell and put a cloth around your head.” In the morning Cambridge was -carried to the hall where he died the following day. When I spoke to an -official about it he said it was nobody’s damned business. But this was -common treatment toward moneyless unfortunates! - - - Special Privileges - -When a West Side gambler was in the Tombs charged with murder, he had a -fresh bottle of whiskey brought to him almost daily and he made no bones -of the matter. Of course, it could not come into the Tombs without -money, of which B. had an abundance. One of the keepers said to me that -he saw the warden drinking whiskey with the murderer in his cell. But -this was nothing! - -Scotty Young, who had spent two years in the Tombs awaiting trial, was -another prisoner that had special privileges. Scotty bragged that he had -his whiskey daily and none dared molest him. What kind of a “pull” he -had, never could be learned, as he was never known to have any more -money than he required for his personal needs. That “Scotty” had special -privileges none can deny; when a keeper tried to take away a large piece -of broken mirror, a pocket knife, a razor and other deadly things from -him, he was told that the warden gave him special permission, and of -course, that ended it. - - - The Grand Jury - -Every month at the close of the term the Grand Jury pays a visit of -inspection to the Tombs. This has been their custom for many years. As -the warden knows they are coming he puts everything in a “spick and -span” order. They receive unusual attention on all such occasions, the -discipline is up to the highest pitch and the warden as a rule shows -them around. But to the man who can read between the lines this is all -“make believe.” - -If the Grand Jury should visit the Tombs like a thief in the night, that -is, unexpectedly, they would then see the place as it is and would not -be imposed upon any longer. If the Grand Jury came to the Tombs on -Friday and refused to be led around by the warden, but by a Court -official, their eyes would be opened. Perhaps they could be induced to -wait around till the noon hour, when they would have an opportunity of -at least “smelling” the stinking chowder which the unfortunate inmates -are compelled to eat or starve. - -If any of the Grand Jury tried to eat some of this unpalatable stuff -they would become so deathly sick that a doctor would have to be called -and if they ever recovered we fear they would indict the warden on the -spot! - -Of course the monthly visit of the Grand Jury is known in advance. They -are carefully piloted around through the halls where the floors have -been mopped that morning and everything made to look “shiny” and neat -for the occasion. As a rule they are taken through the new prison and -down into the cellar where may be found the machinery all polished and -bright. - -I would like to lock some of these gentlemen in one of the cells for an -hour or two. As is well known, many of these cells are “reeking” with -vermin and filth. Not of the Tombs only, but some of the district -prisons. I have seen men in the Tombs and in other prisons of the City, -who had hardly become inmates before the vermin would literally be found -crawling over them. - -In summer time when the weather is warm and oppressive, the “Annex bug” -(where the misdemeanants are kept) which is said to be an “Asiatic” -brand of bug, comes out of the porous brick by thousands and for two or -three months have their “fill” of human gore. I think the main trouble -is with the bedding. It is sent to the Workhouse and washed about twice -a year in ordinary water, instead of being boiled in a vat of carbolic -acid or _aqua fortis_, and beaten for a few days with clubs. Not -infrequently visitors and missionaries find vermin crawling over their -clothing after they have returned to their homes. - - - Politics and the Prisons - -I hope the time is not far distant when the prisons of greater New York -will be conducted by the State authorities, as is the case in nearly all -other countries. They are the proper custodians of the prisoner. It -seems to me that this is the only cure for the rank abuses that have -existed in these prisons for half a century. Under Tammany as everybody -knows, the warden or other official could get as drunk as a lord, abuse -everybody in sight and yet be considered a hero! Some men have been -suspended for a few days but when the district leader took a hand in the -matter that ended it. - -Last election day, November, 1908, two members of the State Prison -Commission visited Hart’s Island and found it deserted. The keepers and -orderlies were scattered all over greater New York trying to pile up -Tammany votes. For more than two years the Workhouse end of the Island -has been in a state of pandemonium. Under Tammany Hall, politics always -cuts a wide swath in prison matters. A keeper who refuses to work for -votes on election day is considered “no good” and is recommended by the -district leader for dismissal. If this cannot be done, “fake” charges -are presented against him and unless he repents and returns to the -“fold” he is bounced. One of the most intelligent keepers the Tombs ever -had was Frank Smith. He knew his business so well that he was an -authority on the various kinds of commitments. When Flynn became warden -he was sent to Blackwell’s Island. If Frank told all he knew about the -Tombs’ grafters there would have been a sensation! The old Book says -“resist the devil and he will flee from you, but resist the Tammany -grafters and they will fly at you!” As soon as any one tries to reform -such a place he gets mud and filth thrown at him! - -When W. R. Hearst ran for Mayor of New York, he had several warm friends -among the keepers. At first they were not afraid to speak in his favor, -but this was soon changed. Spies were sent to the prisons and the -unlucky wights that favored him were given to understand that if they -deserted Tammany they would lose their jobs, and the civil service law -would not save them. Notwithstanding this “scare” a large number of the -most intelligent keepers voted the Independence League ticket, but kept -it to themselves. I have nothing but kind words for the rank and file of -the keepers in the Tombs and the other New York prisons. I believe most -of them try to do their duty faithfully. - -After the scandalous sale or “give away” of Kings County Penitentiary, -for one-sixth of its real value, the grafters said that it was done for -economy’s sake, which is untrue, for soon after—from sixty to seventy -keepers were transferred to the District Prisons of New York and -Blackwell’s Island, where was an over supply already. The result was -that ever since there have been two Wardens and two deputy Wardens in -the New York Penitentiary, besides a superfluous number of keepers and -orderlies in all penal institutions of greater New York. - -At one time Hart’s Island had something like sixty extra men who were -classed as stablemen and orderlies. They had absolutely nothing to do -except to draw their pay and help the district leaders. Bitter -complaints were made from time to time against a brother of the deputy -who ran things with a high hand. If anybody complained against these -scandalous conditions he would soon be “fired.” Tammany has no use for -reformers. I do not think it possible to paint the New York prisons as -black as they have been until recently. If a day of judgment ever comes -when all the scandalous conditions shall be exposed to public view the -people will be astonished. - - ------------------------------------------------------------------------- - - - - - CHAPTER II - - AN HISTORICAL ACCOUNT OF AMERICA’S MOST FAMOUS PRISON - - -For more than two centuries after the arrival of the early Dutch -settlers on Manhattan Island the land for a considerable distance on all -sides of the present Tombs prison was a fresh water lake known to the -people of that day as the “Kalchhook” or Collect Pond. - -It seems almost incredible that less than a century ago the visitor to -Manhattan Island could have stood at the juncture of Park Row and Centre -Street, and looking north might behold a beautiful fresh water pond -hidden between the hills. This lake had been a favorite resort of the -Indians for hundreds of years prior to the arrival of Henry Hudson and -the Half Moon in September, 1609, or even before the discovery of -America. On the Broadway side was an Indian settlement where the red man -pitched his wigwam and when not hunting or fishing smoked his pipe of -peace. - -The name given to this pond had a curious history. It seems that the -Indians had been in the habit of carrying oysters from the North River -in their canoes; afterwards they dumped the shells in heaps at the side -of the pond. What name the Indians gave to this sheet of water before -the coming of the white man we have never been able to learn. The Dutch -settlers called it “Kalchhook” or the Shell Point, from a large deposit -of shells found along its western shores. - -After the erection of the original Tombs Prison, the authorities -experienced great trouble with water flooding the cellars, which clearly -proved that there were springs underneath the main building. - -With the aid of some old maps now in possession of the Lenox Library, -the exact location of the Collect Pond can be readily described. It was -bounded by Pearl Street on the south, half way between White and Walker -Streets on the north, Elm Street on the west and Mulberry Street on the -east. Centre street as now laid out ran directly through the pond. It -had a navigable outlet to the North River, through Canal Street. - -It is said that William IV, who was then the Duke of Clarence, came to -New York during the Revolution and was in charge of Admiral Digbie on -whose ship he was an officer. He was fond of skating on the Collect Pond -when off duty, and would have drowned there on one occasion, having -broken through the ice, were it not for the quick action of Gulian C. -Verplanck, one of New York’s distinguished citizens. Mr. Verplanck was -afterwards President of the Bank of New York, which position he filled -for twenty years. He died in 1799. - -In 1805 the City Council gave orders that the Collect Pond should be -filled in with clean dirt from the hills that surrounded it, as it had -become a menace to the health of the city because of the filth that had -been dumped into it for several years. But little had been done towards -carrying this order into effect. - -The winter of 1807-8 was one of great distress and poverty in this city. -To add to the misery of the poor, business was at a standstill and -hundreds of men were out of employment. In January, 1808, the unemployed -made a demonstration in front of the City Hall and called upon the Mayor -and Common Council to give them bread for themselves and their families -who were then in a starving condition. After a thorough discussion of -the situation money was appropriated and several hundred men put to work -to fill in the Collect Pond as a public improvement. After many months -the work was completed. - -In the year 1830 the Common Council again took up the matter of erecting -a new prison. The population of the city had increased by this time to -over 200,000. The old Bridewell which had been erected before the -Revolution, situated west of the City Hall, had become a nuisance and -was unfit any longer for use as a prison. For several years the -agitation was kept up without any definite results. At last in 1835 the -erection of the Tombs Prison on a part of the old Collect Pond was -decided upon and work begun. - -For over a year the construction of the new building was slow, as the -filling in of the pond had not been properly done. The ground was so wet -and “springy” that the foundation of the new prison had to be laid on -pine logs fastened to the ground by spiles. - -The old Tombs was said to contain the purest specimen of Coptic -architecture outside of Egypt and was admired as a splendid work of art. - -The style of this prison was decided on soon after the publication of a -new book of travels by John L. Stevens, of Hoboken. Mr. Stevens had just -returned from a visit to Egypt and the Holy Land and had given to the -public the result of his impressions abroad in a handsome volume. As the -author was well known in New York, his book became widely popular. On -the front page was a picture of an Egyptian Tomb. Some suggested that -the new city prison be built after this design. The Common Council -accepted the suggestion. Ever since the city prison has been called “The -Tombs.” - -Strange to say, this new prison was erected in the midst of a -neighborhood that has ever since run riot in every form of crime and -wickedness. For over sixty years some of the blackest and bloodiest -murders, robberies, assaults, hold-ups and other deeds of darkness were -committed in this neighborhood or within a stone’s throw of the prison. - -In early days that part of the old Tombs building fronting Centre Street -was known as the Halls of Justice, as it contained the Court of Special -Sessions and the First District Police Court. For several years after -the Tombs was opened the Sheriff of the County had charge of the -building and all of the prisoners from the time of their committal till -they were safely landed in the Penitentiary or State Prison. - -The old Tombs Prison was an oblong building 142x48 and contained four -tiers, having one hundred and forty-eight double cells. As far as safety -and economy were concerned, it was one of the best in the country. It -was so constructed that one man on the fourth tier and one man at the -desk could see everything going on in the building. - -Forty years ago there was a stone building at the corner of Franklin and -Centre Streets which for years was known as “Bummers’ Hall.” It was used -principally for drunk, disorderly and crazy people. After a time it -became dilapidated, filthy and overrun with rats. A young tough named -Mahoney and some boys who were detained with him for some minor offence, -made their escape from “Bummers’ Hall” through a window. After it was -demolished, a brick building was erected known as the New Prison, which -is now called the Annex. When the Tombs was first built it contained a -cupola over the main entrance, which was burned on the day set for the -execution of John C. Colt, November 18th, 1842. The original Tombs -Prison was opened for business in the early part of 1838. - - - Retrospect - -If the stones and iron grating of this dismal old prison, now no more, -which for two-thirds of a century stood with its back toward Elm Street, -and its front entrance facing Centre Street, could only speak out its -experience and tell its woes, what a heart-rending story of crime it -would tell; what bitterness of soul, dashed prospects, guilty -consciences that presage horrors, together with the breath of a fetid -atmosphere, where like hades, the smoke of their torment rises -continually! It would also be a story of blood and tears! - -For over sixty-five years the “old Tombs” prison has been the scene of -so many tragedies and the grave of innumerable buried hopes, once most -promising, but long since crushed under the iron heel of fate! And these -realms of darkness, cold, damp and forbidding cells, clammy and foul -with the sweat and tears of a past generation, remind us of the cruel -dungeons underneath the Mamertine prison of the Caesars! - -When we think of the number of cold-blooded murderers, the burglars, -highwaymen, forgers, swindlers, gold-brick men, green-goods operators -and hundreds of others possessing dark criminal records, that have lain -here for many months, coming from every State and part of the globe, our -blood curdles within. - -What hideous characters have domiciled in this prison during these two -generations, who afterwards paid the penalty of the law for their bloody -deeds! Think also of the conglomeration of forces that actuated and bore -them into their doom like driftwood going over a Niagara as merciless as -fate would have them! - -Men and women that came from noble sires, scholars and specialists with -trained minds that would have shone in any department of life, lawyers, -teachers, business men, bankers, brokers and even men of letters, all -under the cruel hand of fate, succumbed to the tempter in a weak moment -and fell; alas! some never to rise again. - - “Backward, flow backward, O tide of the years, - I am so weary of toil and tears.” - -But, alas, it is too late. The die is cast forever! - -Our young men and women should learn ere it is too late, or even before -they launch forth on a career of crime, that we cannot break the divine -law without punishment. “Whatsoever a man soweth that shall he also -reap,” is a law that is as true in the moral world as it is in the realm -of nature. Our large cities are full of the whirlpools of vice that -carry multitudes swiftly over the rapids of destruction into the -maelstrom of eternal death. - - - The New City Prison - -After many years of agitation the plans for the new Tombs Prison were -prepared and approved during the Strong administration, which went into -power on a reform wave in 1894. - -The new City Prison contains three hundred and twenty steel cells -arranged in four tiers in the men’s and four in the boys’ prison, with -parallel corridors. There are forty large cells on each tier, arranged -back to back, with all the recent improvements, which consist of running -water, electric light, toilet, wash basin, hung table and cot. The new -building is said to have cost over one million dollars. - -On September 30th, 1902, the old offices on Leonard Street which had -been in use since the front building on Centre Street had been torn down -to make room for the new structure, were abandoned and the books and -other important documents removed to the offices in the new building. -This new building, however, was not entirely ready for use, but the -first step had been taken and the occasion was hailed with joy. The -second step in the entire occupation of the new City Prison took place -Tuesday, January 6th, 1903, when the contractors handed over the entire -structure to the City authorities and it was formally opened to the -public by Mayor Seth Low and Commissioner Thomas W. Hynes in the -presence of a number of invited guests. A few days afterwards the -prisoners were transferred from the old prison to the new, and the work -of demolishing the old Tombs was begun. - -When the new Tombs was opened in 1901, John E. Van De Carr was Warden. -And a kinder and more obliging man never lived than he. Both under the -administrations of Mayors Strong and Low he was the official head of the -city prison, and cared for the inmates of the prison as if they were his -own family. - -For many years the city prison has been noted for some of its -semi-official inmates, who lived on perquisites and tips, and one of -this class was old John Curran, the official guide of the prison. Old -John had served in this capacity for many years, and knew every nook and -cranny of the old structure. Roland B. Molineaux had a good opportunity -of seeing old John at his best, and has kindly spoken of him in his -book, “The Room with the Little Door.” Whenever John waxed eloquent, in -describing the places of interest within the Tombs yard, he revealed a -strong Irish brogue, that made his descriptions witty. You could not -help smiling when you heard John, as he was wont to do, point out the -last remaining beam of the old Tombs gallows, on which a score or more -of persons were hung. “Gintlemens, thems th’ last and true part of old -galleys of New Yark, on which so many famous chaps wint to death.” As he -turned toward “Bummers’ Hall” with his visitors in the rear, he would -exclaim, “Gints, thems the way to the exodus” as he would point to the -back door of the new prison. - -Soon after the opening of the new prison John disappeared from history -as if the earth had opened its mouth and swallowed him out of sight. -Where did he go? No person seemed to know. Mr. Sullivan, who was known -as the Captain of the Bum Brigade, and was known as John’s confidential -adviser, said that as soon as the old fellow secured his “pile” he -vanished. I afterwards learned that John had a daughter living in Maine, -and without communicating his plans to any one in the prison, removed -thither, where he purchased a farm and now resides, happy and contented, -ever and anon dreaming, how he had lived so long in the old Tombs and -how he had so long fooled the visitors with his “Corkonian eloquence.” - -After John’s disappearance the redoubtable Billy Gallagher added to his -already onerous duties of prison messenger, that of official prison -guide. After a while Billy learned the “lingo” and became as proficient -as a “Bowery drummer” or a Coney Island “barker.” When the Commissioner -had learned that John Curran had made a fortune as Tombs guide, he -prohibited Billy Gallagher from asking fees for his services. Billy was -a favorite with everybody, and could always be depended on for his -veracity. Apple Mary who knew Billy for many years used to say, “God -bless Billy Gallagher,” to which everybody would say Amen. - -Billy Gallagher devoted more time to the Bowery bums who so often -infested the ten-day house, and they took advantage of his generosity. - -They frequently palmed off on him a lot of “fake” jewelry on the -strength of which he paid their fines. After a time Billy had a carpet -bag full of tin watches and paste diamonds, on which he had made small -loans. Charley Sheridan, who was one of Frank Lantry’s district -captains, was “boss” of the ten-day house for several seasons. He was -tender hearted and often talked to the fellows from the Bowery and -Mulberry Bend in a fatherly way and more than once paid their fines. Of -course they “beat” him in the end as they do everybody who trusts them. -They go on the principle that they have everything to gain and nothing -to lose by a lie. - - ------------------------------------------------------------------------- - - - - - CHAPTER III - - MODERN EXCUSES FOR CRIME - - -Modern penologists tell us that a large number of our present day law -breakers possess criminal instincts and in a sense are not entirely -responsible for the unlawful deeds they commit. What generates these -instincts it would be difficult to say. Perhaps early training, erratic -temperaments or mental diseases of various kinds may account for them. -We are inclined to think that much of our modern criminality is nothing -less than old fashioned depravity. By nature most of us are so -cross-grained that we find it easy to go wrong, and there is no telling -where evil tendencies may lead to. Sometimes it needs only a spark to -draw out the crookedness in man and make him a full-fledged criminal. - -While the matter of self restraint should be kept continually before the -minds of young people, the question of how far one should be allowed to -tempt another to the committal of a crime is one of vastly greater -importance. In this we believe the State should draw the line. This is -in accordance with Gladstone’s well known dictum, “That it should be the -duty of every well organized government to make it easy to do right and -difficult to do wrong.” There is no mistaking that the present is a fast -age. More than that, the competition for human existence, education, -wealth and social standing is so great as to be unhealthy, because of -the nervous strain which it creates. These conditions have developed an -army of moral defectives in almost every walk of life. - -Placing temptations before such people is simply making them criminals -in advance. A vast number of men and women are unable to resist evil, as -they lack the moral stamina. Many of this class, having been brought up -in homes of vice and evil environments, can no more stand the -temptations of the present day than a hungry dog can resist taking a -piece of unguarded meat from a neighbor’s door. - -The dipsomaniac, kleptomaniac, morphine, cocaine, cigarette users, and -high livers, generally all belong to this class, many of whom are on the -way to the madhouse! - -It has been ascertained by long study of the subject that those who -possess criminal instincts have little or no resistive power when -tempted to commit crime. If the judge on the bench, before passing -sentence on a convicted felon, had the insight or perception to see the -moral deformities and lack of will power existing in the individual -before him, we are inclined to believe that he would send the prisoner -to a sanitarium for treatment rather than to prison for punishment. And -it is our candid opinion that there are hundreds of moral defectives in -all the penal institutions of this and other States who ought to be -under the care of a physician rather than a jailer. - -Sometimes the police disguise themselves, then induce gamblers to play -roulette and other games of chance for the purpose of securing evidence, -after which they arrest them for violating the law. This may be good -ethics from the police standpoint, but we question it. It is absurd to -think that we have any moral right to tempt a person to commit a crime -against the laws of God or man. - -Not long since a city magistrate reprimanded two plain clothes policemen -for inducing a German saloon keeper to open his store on Sunday morning -and give them a drink. They succeeded in doing so only under false -pretences by saying they were sick. After they had secured the evidence, -they placed him under arrest. In this way they compelled him to break -the law. A woman was tried in the Court of General Sessions, some time -ago for keeping a disorderly house. It was proved that she kept a -boarding house, but there was no evidence to show that she or any of the -inmates were immoral or that impure language was used on the premises. -The police, however, suspected the house and sent a plain clothes -officer who stayed on the premises for a day or two. After a time by the -skillful use of money he was able to tempt the woman to place herself in -a compromising position and in this way secured evidence against her. -Now the law says that any person who directly or indirectly induces or -procures another to commit a crime is as bad as the principal. - -As an unusually large number of persons had passed the examination for -positions on the City Police and Fire Departments some time ago, the -Civil Service Board became suspicious. It occurred to them that somebody -was stealing the examination papers. Two detectives were put on the -case. They secured the services of an athletic instructor to prepare -them to pass the examination for a position on the Fire Department and -offered him $400 for his labors. He promised to do so, provided he could -secure the stolen examination papers. The instructor secured the papers -and both men passed. When passing sentence the presiding Judge commented -unfavorably on the large money temptation placed before the defendant -which was in the nature of a bribe and was the one thing which made the -crime possible. - -It is a question in our mind how far valuable property, such as gold, -diamonds and other jewelry, should be exposed on the counters of large -stores. Multitudes cannot view these things without secretly trying to -carry some away. Nor should people expose money unnecessarily before the -gaze of strangers; for in doing so, many a man has been robbed and some -have lost their lives. - -The fair sex are sometimes at fault in this respect and indirectly -responsible for certain kinds of crime. When they go shopping they carry -in their hands wallets or pocket-books containing small amounts of -money. In former years they carried their money in their dress pockets. -By exposing their pocket-books they tempt the moral defective to commit -crime. Men and women also tempt the instinctive criminal, when they -carry, exposed to public gaze, watches and jewelry on the person. It is -true that this is our right. But we must not tempt men. I believe that -the crimes of pocket-book snatching and larcenies from the person would -be few and far between if people carried their valuables concealed from -public view. - -Frequently we meet people who possess a morbid propensity to commit -crime. On some things they are perfectly rational, on others they are -incapable of acting correctly. You can safely say, they are mildly -insane! - -Here is a lady on the street with a chatelaine bag dangling around her -waist. The thief presumes that it contains money and other valuables. -The owner is unconsciously tempting a poor weakling. From our standpoint -this is a dangerous expedient. By and by there comes along a poor, -hungry, homeless, penniless creature. He possesses criminal instincts. -He sees the pocket-book in the lady’s possession. It is a well known -fact that the sight of money awakens the worst passions of men. An evil -impulse takes possession of him. He seizes the money and runs away. This -is not an exceptional case. The criminal annals of New York can furnish -hundreds of such cases, where men were seized with an impulse to commit -a crime that sent them to prison for many years. - -We knew personally the cases of two young men, bank messengers, who were -bonded in a surety company for five thousand dollars each, but had only -a salary of eight dollars per week. They were entrusted with large sums -of money daily, which they received in collections. Both claimed at -different times, to have been seized with an evil impulse to abscond -with the money, which they did. The first took $5,000 and left the city. -He went to Chicago, then to a southern city. Here he considered what he -had done, in the light of cold reason. He sent a dispatch to the bank, -saying that he would return with the money in two days. He did so. He -accounted for all he took away except the railroad fare and hotel bills, -which his people made good. That young man had always borne a splendid -reputation for honesty and truthfulness. When I asked him why he left -the city with other people’s money, he replied, “An irresistible impulse -came over me and for a time I was like a crazy man under a spell. It is -all a dream to me. I cannot understand it.” - -The second lad had gone away with $56,000, $6,000 of which was in hard -cash and the balance in bonds. He returned the bonds to the bank by a -messenger. They were really useless to him. When he had spent nearly all -the money he concluded to give himself up. - -A poor unfortunate who was sent to prison for a long term for -pocket-book snatching explained his conduct by saying, “I was cold and -hungry. All at once I was seized with an uncontrollable impulse to take -by force what did not belong to me. It came over me like a spell.” - -Under ordinary circumstances, I am not inclined to take much stock in -this “spell” theory. I think that in most cases, we can restrain -ourselves when these impulses come over us. - -A Brooklyn Supreme Court Judge, who is noted for his outspoken good -sense, while sitting in a neighboring city trying criminal cases, -severely rebuked some rich people for carelessly tempting working men -employed on their premises. It seems that while certain persons were -employed as painters and decorators in the home of a millionaire, that -jewelry and other valuables were left carelessly within their reach. The -result was that one of the men stole some of the valuables, and was sent -to prison. It was shown at the trial that this workman was not a -criminal and had always borne a good reputation. But the jewelry which -lay around so carelessly in this home appealed to him. Such temptations -arouse in men the worst passions, and even prey on their minds. - -A young man whom I met in the Tombs broke down and wept as he told me -the story of his disgrace. He loved a young woman and desired to seal -his engagement to her with a gold ring. He went down to a Maiden Lane -store. He explained the object of his visit to the salesman. He had nine -dollars in his pocket and was willing to pay a fair price for what he -wanted. The salesman went to a case and took therefrom a handful of gold -rings and placed them before him on a velvet cloth and then went away. -As the young man examined the rings alone the temptation seized him to -secrete one and conceal it on his person. He did so with the result that -the salesman saw him. He had not only tempted him but he concealed -himself and watched all his movements with aid of a mirror. - -Another way in which both men and women are frequently made criminals is -by the present instalment system. For example, persons purchase watches, -jewelry, typewriters, clothing and furniture and agree to pay for the -same by weekly or monthly instalments. The buyer is compelled to sign an -agreement in which he waives his right to his property till the last -payment is made. If he has purchased a watch or suit of clothes and -defaults on a payment he is compelled to surrender the property or be -liable to an indictment for grand larceny. The trouble is, our -legislature, to accommodate commercial sharpers, changes what has always -been considered a civil suit into a criminal offence. Any one who sells -another a typewriter takes chances to get his money back, the same as -the baker who sells him a loaf of bread. If he is unable to pay that -debt honestly the seller has no right to have recourse to an indictment -to force him. This is all wrong. - -Just where our State or local authorities can draw the line between an -insane and a rational criminal, it would be hard to say. And how far -people who possess criminal tendencies should be allowed to roam at -large is also important. But how far individuals and corporations should -be allowed to tempt moral weaklings to commit crime is a question for -the twentieth century statesman and penologist to decide. - - ------------------------------------------------------------------------- - - - - - CHAPTER IV - - HOW CRIMINALS ARE MADE - - -Since the close of the Civil War, crime of every kind has made enormous -strides, not only in our large cities but also in our sparsely populated -districts. Various reasons have been assigned for this condition of -things but the reasons given are not entirely satisfactory. One thing, -however, is certain, the temptations of modern times, which engulf and -enslave so many of our young people, were never more numerous or more -alluring than they are to-day. And the saddest thing of all is that very -little is done to take the temptations out of the way or reduce them to -a minimum. - -I believe bad homes are largely responsible for many of the moral -shipwrecks of our day. A report of the superintendent of Elmira -Reformatory states that fifty-two per cent. of all the inmates of that -institution came from positively bad homes and only seven per cent. from -positively good homes. Without going any further into this discussion, -it would be well to find out what makes bad homes and, if possible, -furnish a remedy, so as to save our young people from becoming -criminals. By all means find out the disease and then apply the remedy. -This is the only rational thing to do, and to this method of treatment -few persons can object. - -The fact that crime increases faster than the ratio of population should -come to our statesmen with startling effect and set them thinking to -know just what methods should be used to change the evil currents of the -times. - -As long as fierce temptations are allowed to surge around our young -people, especially in large cities, so long may we expect to see them in -the police net and afterward filling prison cells. Crime is a menace to -our republican institutions and in the end will reduce a free people to -anarchy or serfdom. - -One of the crime makers of our time, as is evident from everyday facts -and figures, is the liquor traffic. From fifty to seventy per cent. of -all convicted felons have been ruined by it. Many a man who is behind -the bars to-day never would have been there were it not for strong drink -that robbed him of his senses in a weak moment, and made him a criminal -and a fool. In states where the rum power is under the ban and -prohibition strictly or even partially enforced, jails are usually empty -except for a few petty offenders. - -Some men say that immigration is largely responsible for the criminality -of to-day. That there is some truth in this statement we have no doubt -whatever. But to hold immigrants responsible for the criminality of this -age is unfair and uncharitable. That some parts of Europe send people to -this country who are expert criminals and others full of criminal -instincts, is true in part. That people without means and employment -drift to the United States from every land and when in want naturally -attack property under the spur of necessity, coupled, of course, with -low ethical standards and lacking a sense of moral obligation, and -perhaps possessing weak resistive powers, is also true. - -Often persons are driven to crime by motives generated in a vicious -nature, and as they are too weak to resist they soon lose their liberty, -and society to protect itself simply places them behind the bars. -Criminality is simply the darkened side of a reckless, sinful life, -showing itself in deeds of wickedness and rebellion against God and man. -Any one with such an impulse will dare to commit the most atrocious -crime on record and will not think of the consequences! - -The small army of boys that are committed to prison in this city every -year between the ages of sixteen and twenty, for every crime on the -calendar, shows the trend of the rising generation toward delinquency. -In these figures we leave out of consideration several thousands of boys -and girls who are disposed of by the city magistrates, many of whom are -sent to the Reform School, Juvenile Asylum and the House of Refuge, -while others are discharged on suspended sentences, with a warning to -keep out of bad company. - -I believe the first and foremost cause of crime in our large cities, as -I have intimated, as well as the degradation of the poor man’s home, is -the American saloon. Nor will there be any material decrease in the -volume of crime till the power of the saloon has been crushed. Our -stupid, thick-skulled, short-sighted reformers and state legislators -forget that the soul-dishonoring and God-defying gin mill is the great -crime generator of the twentieth century. The one primary cause of crime -to-day is alcohol, and as a well-known authority says: “The decrease in -the use of alcoholic drink must ever remain the great aim of -anti-criminal legislation as well as of future moral and social reform.” -A mass of absolutely correct statistics could be given in support of -this statement, if necessary. - -In many of the crimes committed by young men which we have personally -investigated, it has been a question with us who has been the greatest -criminal, the state, the parents or the boy. Many a young man would -never have reached prison had his parents placed around him any -reasonable moral safeguards. When I remember that hundreds of boys who -get into the Tombs every year come from homes of poverty, misery, -drunkenness, profanity and vice of every name, I do not wonder when I -see crime written on their pale faces. - -If Gladstone’s dictum were to actuate our state legislature, laws would -be forthwith passed, making it a crime to sell to minors the -blood-curdling novel, tobacco or cigarettes, or intoxicating liquor in -any form. Boys should be prohibited from going to prize fights, the race -course, gambling hells, theatres, billiard halls, or even from staying -on the street after nine o’clock at night. This might seem harsh, but if -strictly carried out we have no doubt whatever that crime would be -reduced thereby. - -It was a law in the Commonwealth of Israel, promulgated long before -their settlement in Canaan, that when they built a house in the promised -land they must put a railing or battlement around the roof to protect -their children from injury by accidentally falling off. If the state -were to make it difficult for our young people to do wrong by erecting -around them moral barriers, there would be less criminality among boys -and young men, and fewer human shipwrecks in after life. - -When young men are admitted to prison for the first time, efforts should -be put forth to save them. The work of isolation, separation and -classification should then begin. If the authorities were to sift and -separate the good from the bad, the precious from the vile, I am -positive there would be fewer recidivists who are now compelled to -repeat the same prison experiences several times over. - -[Illustration: - - The new Tombs prison.] - -[Illustration: - - The open corridor of the women’s prison of the Tombs.] - -[Illustration: - - The old Tombs entrance on Leonard street.] - -Hundreds of boys who are sent to the Tombs enjoy the novelty immensely. -It is a new experience to them, and as such is exciting. In prison they -are huddled together as a band of incorrigibles. There seems to be no -punishment in such an experience. Some of them are better off there than -they would be in their homes. They get enough to eat. In some prisons -they can smoke all the cigarettes and read all the dime novels they -please. If up till this time they have been ignorant of the ways of -pickpockets and sneak thieves, when they come out, after a few weeks’ -incarceration, they are expert crooks, and fifty per cent. of them are -soon back in prison. - -In order to reduce crime among boys we must take away the operating -causes. There is no other way to reach the desired end, and the sooner -we get our eyes open to these facts, the better for ourselves and -everybody else. - -The object of all prison discipline should be the moral transformation -of young offenders. They should be taught righteousness and purity of -life, honesty and industry, self-respect and courteous behaviour to all. -Whenever prison reform comes short of this, it is a failure, and society -at large is injured thereby. - - ------------------------------------------------------------------------- - - - - - CHAPTER V - - THE SCIENTIFIC CRIMINAL - - -There can be little doubt that the criminal product of the twentieth -century is vastly different in its make up and harder to deal with than -the criminal of any other century of the Christian era. Not perhaps from -the standpoint of moral depravity, for all criminals are depraved, -although some seem to be more so than others. But the criminal of to-day -to be successful in his operations must be daring in his conceptions and -highly scientific in his methods; otherwise he will be unable to cope -with the difficulties in his way. - -Criminals as a rule are not indifferent to the feelings of honest men as -to their methods of getting a living. They know full well they do wrong. -Yet if you cross their path while in the act of committing a felony, -they will without the least hesitation take your life, and think nothing -of it. All men who start out on a mission of crime make up their minds -beforehand to take “no chances.” They are strenuously against every one -that opposes them and they know that every honest, law-abiding citizen -is against them. - -But the great advance in civilization the past hundred years and the -easy way fortunes seem to be accumulated, has unquestionably invented -new methods of guarding the wealth, but it has also sharpened the -criminal’s wit, making him more practical in his deeds of daring and -ingenious in his plans and operations. - -It is a well known fact that criminals of to-day do not carry around -with them long “jimmies,” saws or crowbars such as were used by the old -school crooks. - -The twentieth century “outfit” of an experienced criminal seldom weighs -more than sixteen to twenty ounces. The entire “kit” is made of the -finest steel instruments and by these he is able to find his way to -strong boxes, bureau drawers and closets of the best city and country -residences. If he thinks he has to encounter a safe he will carry with -him an electric drill by which he can punch holes in steel plates at -short notice. - -With these he has besides a silk rope ladder, which has an attachment -that can take him to the roof of a house or get him to the street from -any part of the building when he desires. - -With the outfit just described a Connecticut crook was able to commit -sixty burglaries in less than three months in this city. The typical -twentieth century criminal is therefore a most dangerous character to -deal with, and when in possession of a gun he lets nothing stand in his -way. - -Scientific writers on penology of recent times have divided the criminal -into many parts for the purpose of analyzing the natural causes that -have led to his downfall and the treatment best calculated to bring -about his restoration. - -One of the grave defects, in the study of criminal law, is that while -the lawyer ransacks the Code in an effort to save or punish the -wrongdoer, the criminal’s moral nature is entirely ignored. This is -certainly not right. We firmly believe that the best possible way of -reaching a correct solution of the mysterious dualism which confronts us -in our study of criminal character, is to find out not only his early -habits, but what he is in his normal and abnormal conditions, and how -his delusions can be removed. - -But there are criminals and criminals. Some indeed are born into -criminal lives from infancy, aided by the laws of heredity, while others -become criminals on the impulse of the moment and for months or years, -run a wild career of wrong doing, but afterwards change the course of -their conduct, and become useful members of society. Of course the only -kind of reformation that becomes permanent is the kind that changes the -man inside and out. Others like the twig that is bent, remain crooked -all their lives. Nor does imprisonment improve such people to any great -extent. Harsh treatment may subdue the animal passions but will not -change his higher nature. - -We do not believe that God brands any man as the victim of an -unavoidable destiny, nor does He compel him to live a criminal life -against his will. The fact is each law breaker is the victim of his own -depraved will and is what he wants to be. - -The twentieth century crook in forgery, burglary, safe cracking and -swindling studies the situation so carefully that in two-thirds of the -cases he is able to “beat” the law. A greenhorn crook is sure to leave -traces behind him but an expert never. The twentieth century crook uses -an automobile and naphtha launch so as to disappear with his “loot” to -parts unknown. When he travels at home or abroad, he patronizes the most -expensive hotels, the dearest express trains, and only the best -accommodations on ocean steamers. Expert crooks as a rule travel in -pairs. - -Under the head of Criminal Anthropology we are called upon to study the -criminal’s anatomy, social and moral habits and temperaments. But the -strangest thing about him is that though he may be physically and -mentally normal—just as other men are—he is abnormal morally. We must -always remember, however, that while we consider the criminal -scientifically, his disease is entirely moral. Nor has the average -criminal any peculiarities that are not common to the rank and file of -other men in every walk of life. His head and his heart and his brain -are like those of other men and he shows the marks of human folly just -as men do who never saw the inside of a jail. - -As a rule the criminal is largely a creature of circumstances; often too -lazy to work and unwilling to resist the common temptations of life, he -simply drifts. He takes to crime as an easy way of making a living and -often believes that the fates are against him, as an excuse for his -wrong-doing, or perhaps he has a foolish delusion that there is -something heroic in criminality. - -Crime is defined as a violation of a human law enacted by the state in -its own defense, and the criminal is the one who wilfully breaks that -law and makes himself amenable to it. - -The most noted authority in our day on crime and criminals is Lombroso, -the Italian penologist, who has made a thorough study of the subject. In -describing the criminal we find there is a freshness of detail to -whatever he says, and he writes like one familiar with the subject. -Lombroso rightly contends that criminals must be dealt with, not -according to the way that society views the crime, but according to the -circumstances and conditions that have led to it, and our laws must be -changed to meet the new conditions. “Penal repression,” says Lombroso, -“should be based on social utility scientifically demonstrated; instead -of studying law books, we should study the criminal. It is doubtless -true the criminal, as a rule, has feeble cranial capacity, a heavy -developed jaw, large orbital capacity, projecting superciliary ridges, -an abnormal and symmetrical cranium, a scanty beard or none, or an -abundance of hair, projecting ears and frequently a crooked or flat -nose. Criminals are sometimes subject to Daltonism or left-handedness, -their muscular force is feeble and alcoholic and epileptic degeneration -exists among them to a large extent. Their nerve centres are frequently -pigmented. They blush with difficulty. Their moral degeneracy -corresponds to their physical make up. Their criminal tendencies are -manifested in infancy by onanism, cruelty, inclination to steal, -excessive vanity and impulsive character. The criminal in a large number -of cases is lazy, cowardly, not susceptible to remorse, without -foresight, fond of tattooing. His handwriting is peculiar, his signature -is complicated and adorned with flourishes. His slang is widely -diffused, abbreviated and full of archaisms.” - -Before we leave the subject it would be well to say that naturally the -criminal is the product of anomalous conditions of long standing that -have worked themselves into the moral fibre of his being. After many -years the criminal has come to bear the distinguishing peculiarities of -crime which mark him as a man among men. So that to-day with all our -advanced civilization, the criminal stands midway, as Lombroso remarks, -“Between the savage and the lunatic.” - -It has therefore become a perplexing question what is to be done with -him, for during the four hundred years of white civilization on the -American Continent his condition remains almost the same. - -After many years of failure to improve him, would it not be well to -adjust the penal treatment to his nature as a man and eliminate from his -life the temptations that overcame him? For example, thousands of people -are arrested yearly in New York for drunkenness, a temptation which they -cannot resist. Why not close the saloons and thus take even this one -temptation out of the way of such weaklings? At any rate, if our prison -populations are to be reduced, society must pass a law to prevent crime, -or invent something that shall defeat the conditions that make men -criminals. - -At the present time the main object of a criminal court is to find out -if a defendant is guilty or innocent. If guilty, the sentence of the -Court is measured by the character of the crime and not by the -conditions that led to it. Before the wrongdoer can be reformed our -criminal laws must be readjusted to the conditions of the times. Many of -those who come into our courts for sentence, if not hardened criminals -themselves, are the offspring of criminal parents or are mentally -defective, weak-minded or insane, epileptics or otherwise diseased. - -Crime gnaws at the life of the nation, destroys its vitality and wastes -its wealth. We can stand changes of government or changes of policy, -hard times, prosperity and adversity, but no nation can long survive the -awful demoralization of crime. - -But what an anomalous life the criminal lives! After having many chances -and opportunities placed in his way to live right, he refuses the good -and chooses the evil. He will not reform nor do better. He has become a -misanthrope; he hates himself and everybody else. - -The only sure remedy for the present day criminal is the indeterminate -sentence; he should be detained in prison under the most rigorous -discipline, till he is reformed or cured of his insane notions. It is -nothing short of a crime to turn such people loose to scourge society -after a few months or years’ detention in prison. - -European criminologists are unanimous in advocating the most restrictive -measures for incorrigibles, such as hard labor, longer imprisonment and -more repressive humiliation, or if necessary, deportation and exile. -Professor Prins of Brussels says, “The solution of the question of the -incorrigible lies in a progressive aggravation of punishment and the -absence of all prison luxury.” After reading a mass of opinions on what -should be done with the criminal incorrigible and how he should be -punished, all of which had not a ray of hope in it for his higher -nature, we thought of the British soldier in India half a century ago, -who was called up for sentence before a court martial; he had suffered -all sorts of imprisonment, corporal punishment and all manner of -deprivation and humiliations, but all to no purpose; the punishments -only hardened him. But now a new commander came on the scene who, after -hearing all that could be said against him, dismissed him with an -admonition, saying that they forgave him, asking him from henceforth to -go and sin no more. The effect of this was that he broke down and wept -like a child. He had steeled his heart to every kind of punishment, but -when they tried kindness it touched him. - - ------------------------------------------------------------------------- - - - - - CHAPTER VI - - SOME FAMOUS TOMBS PRISONERS - - -During its long and eventful history the Tombs has had many notable -prisoners. It would be impossible in this brief sketch to do justice to -this subject by giving a full and detailed account of the deeds and -escapades of these persons. But the men of money and influence who have -had the misfortune to be sent to the City Prison have always fared well. -Although it is not always the case, the rich and poor in such a place -should be treated with becoming fairness and moderation, not simply -because they are rich or poor, but the law presumes a man to be innocent -till his guilt is proved beyond a reasonable doubt. It is well known -that a great many people are sent to the Tombs every year on trumped up -charges. As they are not criminals, it would be manifestly improper to -deny them the deserved consideration to which every uncondemned man is -entitled in this enlightened age. - -In dealing with this subject we shall only mention the names of a few -well known persons. - -In 1842 the Tombs had a prisoner named Monroe Edwards; he is said to -have been one of the most noted and boldest of all round forgers of the -time. He had plenty of money and lived more like a prince than a -prisoner. He was able to engage the most eminent counsel in his behalf. -His wardrobe was the finest and most expensive that money could buy. He -was allowed to furnish his cell in an elegant manner. Lady friends and -admirers called upon him daily and brought bouquets and cut flowers in -abundance, all of which he was permitted to receive, on the ground that -the law presumed him innocent till found guilty. There must have been -many abuses in the Tombs in those days, perhaps as glaring as those that -exist to-day. For example, Edwards received other gifts from his lady -friends besides flowers and knick-knacks for his cell. These consisted -of a set of highly tempered steel saws for iron work, a silk rope -ladder, grappling irons and a horse pistol. These were to be used to -enable him to make good his escape, if he so desired. As soon as the -Warden learned that he possessed these things, he went to his cell and -made a demand of Edwards for their surrender. After they were -confiscated many of Edwards’ privileges were cut off. - -John Scannel, a Tammany politician, having filled a number of offices -within the City Government, but who more recently was Fire Commissioner -during Mayor Van Wyck’s administration, was an inmate of the Tombs in -the fall of 1871. - -On September 19th of that year he shot Thomas Donohue whom he supposed -to have been the man who had assaulted his brother Florence. The charge -against him was homicide. But like many other Tammany officials, he had -a tremendous “pull” and was soon afterwards admitted to bail in the sum -of $20,000. He was finally cleared. - -The Tombs’ authorities have always been indulgent to the men who lived -on “Murderers’ Row.” The foolish idea that comes down through the ages, -which pictures the murderer resting on a pallet of straw with a chain -around his neck, has certainly never been experienced in the Tombs. -Twenty years ago and even later, nearly all the cells on Murderers’ Row -received bouquets of flowers almost every morning. And some of them had -bird cages, swinging shelves, lace curtains, carpets and draperies. When -you entered such a cell, your feet did not touch the stone floor, but a -rug or a Kidderminister. And the prisoner—he usually wore an elegant -dressing gown, silk slippers and beautiful clothing; he is shaved and -groomed daily; when he sleeps it is on a real bed of comfort. When the -old prison was yet standing, every afternoon after he had made his -toilet and was booted and gloved he walked into the yard for a stroll. -Between four and five o’clock he dines; he never ate prison fare. His -food came from the outside and consisted of a variety of dishes, such as -oysters, quail, clams, fish, fowl, roast beef and vegetables—the best -the market could provide, that is, for rich prisoners. The poor crooks -had to be content with prison fare and take “pot luck.” - -On January 6th, 1872, at 4:30 p. m., Edward S. Stokes shot and killed -James Fisk, Jr., in the Broadway Central Hotel. After the coroner had -committed Stokes to the Tombs, he was assigned to Cell 43 on “Murderers’ -Row,” which was situated on the western side of the second tier. Soon -after coming to the City Prison he was allowed to fix up his cell in a -most lavish manner; for example, he was permitted to put a hard finish -on the walls of his cell, fit it with several fine pieces of furniture, -pictures on the walls, damask curtains and Turkish rugs galore! He was -permitted to build a walnut toilet stand in his cell. He was also -allowed the use of the yard whenever he desired and to walk about -unmolested. The graft paid in those days for such liberties, must have -been enormous as he had more privileges than any ten men. - -It is also said that Stokes had a large room on the Centre Street side -of the old prison where he received his friends who called on him daily. -It was here that he ate the choicest cuts, the best turkeys the market -could furnish, and where he and his friends regaled themselves with the -best champagne and claret, and smoked the finest cigars. It is also said -by men now living that Stokes often attended the Bowery theatre -accompanied, of course, by a couple of keepers, who danced attendance on -him—all of which cost money. - -Stokes was tried for murder three times. At the close of the first two -trials he was convicted of murder in the first degree and sentenced to -be hanged. At the close of the last trial he was convicted of -manslaughter and sentenced to Sing Sing for four years. - -Richard Croker, all round Tammany Hall leader and politician for many -years, alderman and at the time of his involuntary confinement in the -Tombs a city coroner, shot and killed John McKenna at Second Avenue and -34th Street, November 3rd, 1874. The shot that killed McKenna was -intended for Ex-Senator James O’Brian, a brother of Inspector Steve -O’Brian. It is said while an inmate of the Tombs Croker had the -privilege of leaving the building and returning when he pleased. How -true this was nobody could tell, but others who were able to pay for it -had the same privileges since that time. Money and other influences have -always been a tremendous power in the Tombs Prison. - -Ferdinand Ward, bank president and bank looter, who stole no less than -$2,000,000 from the Marine Bank and eventually ruined General Grant, -spent some months in the Tombs and was finally sent to Sing Sing for a -term of years. - -Erastus Wyman, a well-to-do Staten Island Real Estate operator, lay in -the Tombs for many months. He had a hard fight against a horde of -persecutors who sought his ruin. His case went to the Court of Appeals, -where he received a new trial. He was never tried again. - -Another rich banker—I well remember him—was Cornelius L. Alvord. He got -away with more than $700,000 from the First National Bank. - -He was in a cell in Murderers’ Row, in the old prison. While there he -ate the best food and smoked the finest cigars till he took up his abode -in Sing Sing. His sentence was seven and one-half years. - -Roland Burnham Molineux, a popular young man, was arrested February 2nd, -1899. - -He lay in the Tombs about nine months before the first trial. Mr. -Molineux was plucky, courageous and optimistic. It is needless to say he -made many friends, all of whom were glad when he received his liberty. -In manners he was a perfect gentleman, courteous and obliging to all. -While in the Tombs he was very kind to his fellow unfortunates and -frequently fed, clothed and shod needy prisoners at his own expense. - -Then there were Fritz Meyer, Carlyle Harris, Doc. Kennedy, and Patrick, -besides, lawyers, doctors, bankers, insurance agents and walking -delegates without number. - -Harry Kendall Thaw, a native of Pittsburg, Pa., a multi-millionaire, -shot and killed Stanford White while in Madison Square roof garden June -6th, 1906. He lay in the Tombs over ten months. His first trial lasted -nearly three months. His immense wealth brought around him an army of -friends who flattered him night and day—for his money. While in the -Tombs he had unusual privileges, all of which he doubtless paid for -highly. Physically his imprisonment made him a new man. His defence is -said to have cost him a million dollars. He came from a first class -family. - -At his second trial the Demosthenes of the Brooklyn Bar, Littlefield, -successfully defended him and saved him from the Electric Chair. His -mother, who is known as a lovely Christian lady, visited him regularly -during his confinement. Thaw is at present in Matteawan. He has made -several efforts to secure his freedom but has failed. The general -opinion is that if he keeps at it he will succeed. - - ------------------------------------------------------------------------- - - - - - CHAPTER VII - - THE DANGEROUS EDUCATED CROOK - - -One of our modern fallacies is that education is a cure for all the ails -and weaknesses of life. There never was a greater mistake. When we think -of humanity in its deranged and weakened condition and the constant -liability to err—a liability that is inherent in all men—learned and -unlearned—making them subject to temptations and crime which at any -moment may blast their lives, we must be cautious about believing that -education alone can make men and women honest and virtuous. Education is -only a means to an end, and serves its purpose best when joined to moral -training and industrious habits as taught in a well regulated life. -Without moral training, education alone will only generate a type of -cunning crookedness, that will be dangerous alike to the home and the -republic at large. - -I believe that education in its best and broadest sense, means not only -mental culture, but carefully trained habits of industry, together with -morality and religion as founded on the basic principles of the -Decalogue and the Sermon on the Mount—all of which tend to promote the -happiness of the human family. - -John Howard, the Morning Star of Prison Reform, who in his day -encouraged popular education, was careful to say, “Make men diligent and -you will tend to make them honest,” and he added that he did not believe -education of the head would amount to much unless it was followed by -“education of heart and hands.” - -Within recent years Christian penologists are almost unanimous in the -opinion that mental training _alone_ has little influence in decreasing -crime. Nor does it follow that in countries where illiteracy stands high -that crime is greater than in countries where the opposite is true. In -Spain, where two-thirds of the people are illiterate there is less -crime, according to the population, than in Massachusetts where -nine-tenths of the people can read and write. - -So also in rural settlements where there is always less educational -privileges than in large cities, crime is vastly less in the former than -in the latter. - -In the early history of this country petty crimes were usually committed -against domestic products, but with the advance of our present -civilization such crimes are nothing compared to stealing railroads, -coal mines, gold mines, safe cracking, colossal swindling and bank -wrecking in which millions are stolen yearly. And all of these crimes -are the work of well educated men. - -Victor Hugo says, “He who opens a school closes a prison,” which is true -if that school teaches the morality of the ten commandments and the -Sermon on the Mount, but not otherwise. - -In Great Britain in 1880 the number of pupils in the schools increased -to 3,895,324, while the prisoners numbered only 30,719; but the greatest -decrease in the prison population is seen in 1899, when the school -pupils numbered 5,601,249, while the prison population fell to 17,687. -That is to say, the prison population decreased 38 per cent. while the -population of the country increased 11 per cent. - -Notwithstanding all that may be said, it is our humble opinion after -years of observation that criminality is largely the result of -ignorance, idleness and indolent habits. Since I have been in the habit -of visiting reformatories I have often thought of Isaac Watts’ -philosophy, “Satan finds mischief for idle hands to do.” It is the young -loafer and idler who is around the streets night and day “killing time” -that gets into trouble. Whenever parents rear their children in idleness -they simply sap the foundations of personal character and fit them for -criminality. A report of the Elmira Reformatory shows that of thousands -of persons who were received into that institution since it was first -opened over 83 per cent. are classed as laborers and idlers. - -For more than fifty years it has been said that a greater advance in -education would reduce crime to a large extent. But this is only true in -part. Secular education does not reduce murder, forgery, grand larceny, -embezzlements and other heinous crimes. There must be moral education. -Indeed, such offences are usually the work of well educated men. - -Those best able to judge will not deny that the most dangerous person -to-day is the educated crook. He plans crime scientifically, at the same -time exercising the greatest care. Indeed, he makes it a business, and, -as is sometimes said, goes into it for all he is worth. The college -graduate behind the bars is becoming very common. At the present time -nearly all of our large prisons have doctors, lawyers, editors, teachers -and others of keen minds and large professional experience. Some of the -articles found in the Star of Hope, the State Prison paper, show a wide -range of reading, and could only be written by scholars. And at the -lowest calculation, most of our large prisons contain from five to ten -per cent. of college graduates, and the number is rapidly increasing. - -One of the most scholarly men that I ever knew came from a little town -in Massachusetts. He was so exceptionally bright that had he put his -native talents and energies into an effort to keep the Ten Commandments, -instead of aiming continually to plunder his fellow men, he might have -been a Morgan or a Rockefeller. The man of whom I speak began life as a -school teacher, then a clerk in the office of a country attorney. After -this he became a full-fledged lawyer, and drifted into politics. - -From politics he went into crime, and soon became an expert forger and -swindler on a large scale, and as a rule he always worked for “big -game.” As a confidence man he had a shrewd way of getting hold of -millionaires and fleecing them. - -A most noted and clever crook some time ago came to grief in an effort -to impersonate an English earl. This man had a charm of manner about him -and other polished ways that would have given him a place in any -society. But he used all his cleverness and scholarship only to make for -himself a criminal career of the most romantic character. He was -afterwards sent to Sing Sing Prison, where he became the first editor of -the Star of Hope, and a regular “mogul” among the inmates because of his -scholarly attainments. It was said that he wrote sermons for an ignorant -chaplain now no longer there. - -Another college graduate whom I have known, and who had a national -reputation for crookedness, was born in western New York. At his -father’s death he inherited $600,000. After he had graduated from -Columbia Law School, he went West and became a land and grain -speculator. He afterwards opened a bank and was made president. Then he -was elected mayor of the city and state senator; he ran for Congress, -but was defeated. He was an expert gambler, and he told me that he more -than once lost $40,000 in one night, in the Tenderloin. Having been a -banker himself for several years, he knew how to “work” banks for all -they are worth by the use of forged checks. He was arrested five or six -times, but only convicted twice, and was then able to cheat the prison -by a technicality. - -No person is so much exposed to crime as the mental and industrial -illiterate, and it will always be so till the end of time. But education -that does not elevate, purify and generate high ideas in man is nothing -short of a curse to the individual. Furthermore, the educated crook can -do vastly more harm in the world than the ignorant crook, and is much -more dangerous when at large. It does not necessarily follow, therefore, -that the more educated the man is the better the citizen, nor that he is -less liable to crime. The fact is well admitted that in nearly all the -northern and western cities the prison inmates are able to read and -write, and scores are classed as really educated. Among the young men -that go to Elmira Reformatory only six to nine per cent. are classified -as illiterate, and the number of illiterates admitted to Sing Sing is -said to be nine per cent., a very small proportion when we think of the -large number of persons who are sent there. - -The Rev. Fred H. Wines, D. D., defines education as labor, instruction -and religion. He says: - -“The best preventives against crime are a well trained mind, industrious -habits and a good moral life. And the power of a good example and a pure -conversation is incalculable in leading young people into steady habits -and a noble life such as they should everywhere follow. Let New York -follow out the teaching of Solomon, and there is sure to be less crime -in the future than in the past: ‘Train up a child in the way he should -go, and when he is old he will not depart from it.’” - -[Illustration: - - The only Man on Record who is known to have Pardoned himself out of - Prison. He began life as a School Teacher, Clerk in a Law Office, - full fledged Lawyer and Treasurer of a Political organization in New - England, with whose funds he decamped. He has been in Prison a dozen - times under as many aliases, where he has spent twenty-five years. - When he pardoned himself out of prison he was in Nashville, Tenn., - under the name of Henry B. Davis. He is now supposed to be dead.] - - ------------------------------------------------------------------------- - - - - - CHAPTER VIII - - LEAVES FROM THE HISTORY OF A CHECKERED CAREER - - The Remarkable Confessions of One of the Brightest, Brainiest and - Smartest Crooks of His Day—How He Pardoned Himself Out of Prison. - - -“Naturally I shrink from publishing my sins to the world. I prefer -speaking of the shortcomings of others. Like most of the human family I -can see the mote in my brother’s eye, but am blind to the beam in my own -eye. That I am a son of Belial the journals of the country have not for -the past twenty-five years permitted me to forget. I am viewed as all -that is bad—as one whom it were folly to try to reform—as an -incorrigible, morally deformed. If I am not totally depraved, society is -not to be blamed. I rejoice that I am far better than society knows, -that I know God and His love for me, and that in my inner life abides a -faith that assures me I am but a wanderer from my Father’s house, to -which I shall some day return and be numbered among the ransomed.” - -“Often have I looked heavenward and exclaimed: ‘Oh, God, I thank Thee -that Thou knowest me, and that Thou wilt never misjudge me. Thou knowest -why I wandered from the path of righteousness, and when I shall return -thereto. I pray for the grace that will enable me to return—that will so -fortify me that I may depart from evil and cleave unto Thee.’ - -“I have never doubted that God will eventually grant my prayer. Were it -not for the faith I have in myself, the merciless, unchristian -condemnation I have been subjected to for the past quarter century would -have sent me to hell beyond redemption! Had I been prayed for more and -denounced less by those who are continually announcing their belief in -prayer, and the power of God to save to the uttermost all sinners, I -might have been a better man than I am. But I am forgetting that I was -not asked to write a sermon—that the request was for some of the most -sensational and interesting of my experiences—my exploits. The most -successful, most valuable and by far the cleverest work of my life was -the forging of the documents which induced Governor Buchanan, of -Tennessee, to pardon me, April 3d, 1891. I was confined at Tracy City, -Tenn., under a six years’ sentence. It is one of the branch prisons of -the state, and the convicts are employed in the coal mines. I was put to -work in ‘a 3 foot vein,’ with a negro convict—an old miner—for boss. The -most arduous labor I ever performed, did little else than grumble from -morning till night, and shirked all I dared. At night I laid awake -trying to evolve a plan by which I could escape from my wretched plight. -I decided that I would try to forge my way to liberty. I soon prepared -to execute my plan, secured legal cap paper, official envelopes, ink and -some good pens. In three days I forged a petition bearing upward of 150 -signatures, writing differing in each, the names of the leading citizens -of Tipton county, Tenn., the county in which I was sentenced. I then -forged a letter bearing the signature of the firm of attorneys that -defended me, one of whom was a friend of the Governor, and enclosed it -with the petition, and had them mailed in Memphis, remote from where I -was confined, 320 miles. I then forged another letter purporting to have -been written by the aforesaid attorney to John Tipton, representative in -the Legislature at Nashville, in which he was asked to see Governor -Buchanan, and to urge him to pardon Henry B. Davis (my alias). All this -was done in March, 1891. On the 3rd day of April, 1891, the pardon -reached the warden at Tracy City. I received the glad tidings while in -the dining room, writing a letter for a fellow prisoner. Warden Mottern -walked in and threw a letter on the table at my side, remarking as he -did so, ‘Henry, don’t let that take your breath away.’ I did not take up -the letter, but continued to write. The warden, eager that I should read -the letter, repeated his remark. I then felt that it was a letter -bearing very important intelligence, and drew it from the envelope. I -have never forgotten its contents. It read: - -Henry B. Davis, Esq., - - Tracy City, Tenn., - - -Dear Sir: - -I send herewith your pardon. After you have called at the Capitol and -signed certain papers, forwarded to the Governor by your attorneys, you -are free to go home or elsewhere, I am - - Yours very truly, - W. H. NORMAN, - Adj’t-Gen’l and Private Secretary to His Excellency - John P. Buchanan, Governor. - -“As they could not clothe me that day nor arrange for my transportation -to Covington, Tenn., I remained in the stockade until 4 a. m., of the -4th. And a more fearful and uneasy mortal the world had not. I made my -way to Indianapolis, and did not until I reached that city see anything -which indicated that I was being sought—that officers were after me. -While sitting in the depot a man passed and re-passed me, closely -observing me. I said to myself, ‘He evidently is looking for me; I had -better get out of this.’ I went out of the north door as he passed out -of the south door, and hastily boarded the “White Mail” express on the -P. C. C. & St. L. R. R., without one cent in my pocket. I was on the -front end of the mail car, and rode to Denison, Ohio, unmolested—the -longest ride I ever knew anyone to make ‘on the beat’ on a passenger -train. - -“In August, 1901, I was arrested in Jersey City for forging a telegram. -Shortly after I was bound over to the grand jury it was learned that I -had been sentenced to six years’ imprisonment in Tennessee, and a letter -of inquiry was sent to the Governor, who quickly notified the Jersey -City authorities that I had been pardoned because of forged documents -sent to him by some person unknown. A certain detective then went to -Nashville, called on the Governor, and said: “Governor, Edwin Stoddard, -alias Henry B. Davis, is subject to your order. Do you want him, and -what is the reward?” - -The good Governor, eternal peace and happiness be his, slowly rose from -his chair, straightened his tall form and said: ‘Do I want Edwin -Stoddard, alias Henry B. Davis? No, sir; I do _not_ want Edwin Stoddard, -alias Henry B. Davis. He beat me very cleverly, and is altogether too -brilliant a man to be in prison! All I ask of Edwin Stoddard alias Henry -B. Davis, is to stay out of the State of Tennessee! The pardon stands. I -bid you good day, sir.’ - -“How the small, inhuman, unfeeling soul of the detective, who for two -hundred dollars was eager to return me to a loathsome prison, must have -shrank from that great, noble, white-souled Governor. What a rebuke the -good Governor administered to the mercenary, unchristian wretch! - -“In November, 1889, while journeying from Chicago to St. Louis, in a -parlor car, on the Chicago & Alton R. R., I entered upon what resulted -in one of the most interesting experiences of my life. A gentleman left -his chair and said to me: ‘I am the Rev. —— ——, of Springfield, Mo., and -if I mistake not, you are the Rev. —— ——, of Detroit,’ (at that time a -well known preacher). At once seeing an opportunity for amusing myself, -I said: ‘You are right; I am pleased to form your acquaintance.’ After -we had conversed for some time he said, ‘I should be pleased to have you -accompany me to Springfield and become my guest and to occupy my pulpit -Sunday.’ To which, after some hesitation, I consented. He had a very -pleasant home, and the sweetest, kindliest consort it has ever been my -pleasure to meet. They could not do enough for my comfort and pleasure. -Impostor that I was, their assiduous attention only served to render me -uncomfortable. I asked a blessing at each meal, and read the Bible and -prayed in the morning and evening. But the thought of the two sermons I -was expected to preach Sunday caused me unspeakable perturbation, as I -had but 36 hours in which to prepare them. I was tempted to flee the -place and let the good pastor think what he pleased. But as I had never -in the course of my wayward career proved unequal to any emergency I -determined to face the rugged proposition and preach as he had -requested. Retiring to my room with a Bible and several sheets of paper -I went to agonizing over the sermons. For the morning sermon I took for -my text the verse in Genesis (1:26) where God gives man dominion over -all living creatures. I spoke from notes and flatter myself that I did -fairly well. I was warmly congratulated by the good pastor and his wife, -and introduced at the close of the services to a number of the -congregation. - -“In the evening I preached on Faith, and from notes. I labored to be very -original and succeeded. I recall maintaining that we could not exercise -any more faith than God allotted to us, that since he was ‘the author -and finisher of our faith,’ we might reasonably hold him responsible for -our lack of faith provided we had prayed most earnestly for the proper -faith—for sufficient faith. I also maintained that it were possible for -one to have faith sufficient to secure an answer to a prayer that, while -it benefited one might be harmful to many others. That God often denied -a petitioner even when he had exercised the required faith because God -saw that to answer the prayer—to bestow what was prayed for, would work -harm instead of good to the supplicant. That it was more the nature of -what we prayed for than the faith we evinced that influenced the -Almighty to a decision. I spoke of the assassination of President -Garfield, reminding the congregation that prayers were ascending to God -from all parts of the world, and that many of the petitioners believed -that God would spare his life. Yet he died. What conclusion must those -who prayed for Garfield’s recovery reach in order to be consistent? -Could it be other than that the Almighty deemed it best to remove James -A. Garfield from this sphere of action? Therefore faith does not induce -God to answer an unwise prayer. - -“A child four years of age lay sick and at death’s door. The physician -decided that he must die. The mother agonized in prayer. God spared his -life. That boy grew to manhood and at the age of twenty-eight robbed and -murdered his grandfather and was hung. Did faith save the boy for such -an awful crime, and death on the gallows? If so, it accomplished an -awful work! Far better had the boy died in his innocent childhood! Faith -should behold not merely the substance of things hoped for but should go -far beyond this and see that the things hoped for will permanently and -soulfully benefit the petitioner! - -“At the close of the service the pastor said to me, ‘Your discourse was -forceful and original, and stimulated my mind and has given birth to -thoughts hitherto unknown to it. You interfered somewhat with the old -orthodox line of belief but have nevertheless done us much good. You -have quickened and driven us from the old ruts which we have followed -for many years. I believe my people are very much pleased with the -sermon.’ - -“The next day I was taken about the city and shown the different points -of interest and introduced to a number of the leading citizens. - -“To this day I think the worthy pastor and his noble wife fully believe -that they entertained the Rev. —— —— of Detroit. - -“In December, 1889, I was arrested 400 miles from a city where I had -obtained $1,400.00 on a forged draft. While escaping, I changed my -clothes, and had my mustache removed, and hair dyed a jet black. When -arrested it flashed through my mind as quick as lightning, ‘Feign -deafness and dumbness, and that you can neither read nor write.’ I was -taken back to the city where I had cashed the draft, and so changed was -my appearance, that the cashier was in doubt as to my identity, but they -placed me in jail and finally succeeded in holding me for the grand -jury. For sixty days I was closely watched, four different men were -placed in the cell with me and, instructed by the police, did their -utmost to induce me to talk or to write, but by the utmost care I evaded -all their little artifices and cunning, and the grand jury did not find -a true bill. Thus did I obtain my liberty after maintaining silence for -two months and not placing pen or pencil to paper. The most trying time -of my life, but I never regretted playing the part inasmuch as it saved -me from a sentence of not less than ten years! - -“That I sorrow o’er the evil I have done is to be believed. I have often -wondered why I have had such a wayward career. I sincerely desired to be -one of the best men in the world, and in my early manhood believed that -I was to become such a man. I am well nigh a fatalist. What God foresees -must be equivalent to a law that cannot be evaded. He foresaw my career. -I could not do otherwise than I have done. I sometimes so reason. I am -grateful to God that in all my unrighteousness I never wholly lost my -belief in his saving grace and that he loved me; that there was a -glorious reality in the religion of our Saviour; and that the uplift of -fallen men and women and their leading noble, useful lives was and is an -unanswerable argument in support of his gospel of love, mercy and -helpfulness. That I may become a humble, earnest follower of him who -made known God the Father unto men, is my earnest prayer. I am soul -weary of a life of sin. I have had an unspeakably wretched life for the -past twenty-eight years. I mean to get away from my old wayward sinful -self—out of self and into Christ! I am glad that I can truthfully say, -that there has never been a period in my life when I did not love Christ -and venerate God, never a time since I was twelve years of age that I -did not at some hour in the day fix my mind on God and ask him for his -mercy and guidance. But for all this I have had a very checkered career. -Still I believe he heard my prayer and will yet enable me to lead a -righteous life. - -“If I can say anything which will induce any wayward fellow creature to -depart from evil and walk Godward—heavenward, I should be most happy to -do so. God’s mercy is for all. He never turned a deaf ear to the prayer -for mercy. Nothing so beautiful to the angels as a sinner on his knees -imploring the mercy of the merciful and loving God! - -“I have written the foregoing for the Rev. J. J. Munro, Chaplain of the -City Prison, New York City. Interested for my spiritual welfare he won -my confidence and gratitude by his sincerity and the spirit of -helpfulness that dominates him. He is doing a noble work at the prison -and cannot be too highly commended, and the good people of the city -should earnestly and generously aid him that he may be enabled to extend -his noble, Christian work in behalf of the fallen and the neglected who, -if properly befriended, may be restored to honest and useful lives. - - “E. S. S.” - - ------------------------------------------------------------------------- - - - - - CHAPTER IX - - THE AUTOBIOGRAPHY OF A CROOK - - How A Young Life Was Wrecked - - -The writer of the following sketch received a sentence of twenty-three -years imprisonment. He is a bright and brainy criminal. It is the -general opinion that had he used his talents and business sagacity along -honest lines he would have been a different man to-day. He has brains in -abundance, but he uses them wrongly. Let him tell his own story. - -“My father and mother as well as all my relatives on both sides of the -family were exceptionally well connected and highly respected in the -community. My father in his best days had plenty of money. My earliest -recollection of my father was as a railroad manager, always full of -business—seldom at home except for meals or on Sundays. After the New -England road changed hands and became part of the New York, New Haven -and Hartford, he lost his job. This was a calamity to my father as it -compelled him to begin over again, which at his time of life was a very -serious task. I was then ten years of age, and although unable to take -in the situation fully, I knew something was wrong. - -“Without flattery I wish to say I was not a bad boy at this age. I -attended school and like other boys, I cut up once in a while, but when -my teacher sent word home to my mother recounting my pranks, she always -punished me soundly for my conduct. After leaving the railroad company, -my father went into a little town near New Haven, where he sunk sixty -thousand dollars in what afterwards proved to be an unprofitable -business. When I was fourteen years of age my grandfather died and left -my mother ten thousand dollars. This money came like a god-send. Again -my father started in business. This time it was keeping a hotel. It was -not so successful as we had expected, but my father made a living out of -it. When I was fifteen years old I left school and for a whole year -simply spent my time loafing. I would not work. I mixed in with all -kinds of company—mostly bad. I listened to men as they told how to -commit crime and escape punishment. At first my conscience would scourge -me for allowing myself to be in such company, but I would dismiss my -fears by saying, ‘There is no harm in that as long as a fellow does not -get caught.’ I was yet of tender years, although I felt I was at heart a -degenerate. I can see now where I made the great mistake of my life. - -“I can see now that my mother was far too lenient with me, and should -have punished me often for my mean ways, when she only admonished me -with kind words. If I had known that I was to be punished for many of my -youthful pranks, I certainly would not have repeated them. But I knew -that I could impose on mother and make her prevent father from punishing -me even when I deserved it. This made me reckless and daring, so I did -not care what I did as long as I was not to be punished. I could steal a -few pennies from my mother’s wallet, smash a pane of glass in anger, and -steal the horse from the barn against my father’s will, and yet be -immune from punishment. All this tended to make my downward career swift -and sure. - -“On my bed at night I often thought of my mad and foolish ways. I knew I -was doing wrong—sinning against light and deceiving my kind-hearted -mother. It was not kindness I needed as much as a firm hand over me. I -confess I suffered greatly from moral struggles within. I came from a -good New England ancestry. My relatives were all respectable people. Why -should I do anything that would bring disgrace upon my family? But I -would not work. I preferred to be an indolent loafer than an industrious -young man. Then the inward struggles would return to me again. I fought -them to the death, continued to trample God’s laws under my feet and -went on to do my own will. - -“I believe now that my unrestrained pranks led to my final criminality. -I was now seventeen years of age. I was not a gambler, nor was I a -drunkard or profane. But I positively refused to work. I spent my days -loafing around the village in all kinds of company, getting trained for -a downward career. - -“One day my father took me aside and said, ‘George, you must go to work -at once or leave this house.’ Several words passed between us that had -better not been said. I refused to go to work, and left the house the -next day. I stayed around the village for several days, living with -friends. I soon found myself hard up. Like the man mentioned in the -Gospel, I refused to dig, and to beg I was ashamed. I said to myself, I -must get some money somewhere, I cannot stand this any longer. I had no -wish to be a criminal and yet I must get money without working for it. -It was summer time. I saw many houses empty, the Devil said, ‘This is -your chance.’ The people had gone to the seaside and the mountains. I -selected a house where I thought there was plunder and that night -burglarized it. This gave me plenty of ready money. I followed this with -a number of more burglaries. After a time this kind of crime became my -second nature. Then I became reckless and soon after was arrested, -convicted and sent to Wethersfield State Prison for two years and two -months. - -“After I had reached State’s Prison and had donned the convict’s garb, I -was totally ashamed of myself, not to say mortified. I made many -resolutions and even cried over my worthless life, but was no better -inwardly or outwardly. The fact is my heart was evil continually. I was -twenty years of age when I left prison. I was not reformed, nor had I -any desire for inward reformation. My heart was still on the old life. -During my two years of enforced servitude I had learned the bakery -business. I thought when I got out, if all things failed, I could earn a -living by it. After my discharge I went to a place called Long B—— in a -neighboring state. Here I found employment in a bakery which was kept by -a widow woman. I worked so faithfully for her that after a few months -she made me her manager. I now made up my mind to do what was right, so -I shunned crooked companions. Many wealthy people lived on the Beach, -where they had summer homes. As many burglaries had been committed in -the neighborhood, I was appointed special watchman. I served in this -capacity for two years, during which time I gave entire satisfaction to -all concerned. - -“After a few years of sweet liberty, I was in prison again. This time, I -assure you, it was by mere accident, as I had no intention of being back -again in crime. While playing with a pistol, I accidentally shot a girl. -I was convicted of criminal carelessness, and was sent to prison for two -years—simply because I was an old offender. - -“I had been a free man several years. I never expected to go to prison -again. This sentence was a surprise to me and everybody else. It was -unlooked for. I was mad with myself. In prison I became sullen and -brooded over my trials. My wife had abandoned me. Before I left prison I -wrote asking her to secure a divorce from me. I assured her I would not -oppose it. - -“After leaving prison, I came to New York, where I operated extensively -as a scientific burglar. In my last prison experience, I met some expert -crooks who willingly perfected my criminal education. I believe the -curse of our prisons to-day is the lack of segregation. I am satisfied -nearly all the prisons are schools of crime. - -“As long as the authorities mix young beginners with men old in crime, -so long will our prisons be seminaries of vice of the darkest and vilest -character. - -“With my new ideas I found New York a profitable field for criminal -enterprise, but was not confined to this place alone. I visited a dozen -cities where I worked as a criminal. In New York City alone, I managed -to perform sixty-five burglaries in a brief space of six months. In some -of them I netted as much as $12,000. The police could not get ‘the drop -on me,’ but were pleased to call me a ‘Twentieth Century up-to-date -Second Story Man.’ I eluded them for three years. All this time I took -great chances. My plans were so perfect that I never believed I could be -detected. - -“My methods were to hire a room or two in a respectable part of the -city—usually on the top floor—go up on the roof through the scuttle at -night when all were in bed, and return with my plunder before morning. I -never robbed the house in which I lived, nor any place near to it. I -usually crossed over a dozen houses. If one house was ten or twenty feet -higher than another, I overcame the difficulty by lassooing the chimney -with my silk ladder. Then I let myself down into any window I wished to -enter. I overcame all difficulties. I always carried a pair of pistols -ready for any emergency, a bull’s-eye lantern and a set of burglar tools -in a leather case in my hip pocket. - -“In July I committed six burglaries on one street near Fifth Avenue, New -York, and made a big haul each time. The gold and silver heirlooms I -could not sell I melted and sold for their intrinsic value. - -“I was so successful in all my operations as a burglar that I became -careless. I had laid my plans so carefully that I did not think I could -be found out. I burglarized the house of a well known millionaire. He -afterwards offered a reward of a hundred dollars for my detection, for I -had taken away all his valuable bric-a-brac. A month or two afterwards I -again hired rooms in the same neighborhood and went over the old -grounds. This was the mistake of my life, as they were on the outlook -for ‘my kind.’ I wanted more money and took chances. I became reckless -in my methods. The night I was caught I was coming up the fire-escape -with a pillow slip of silverware on my back. A woman servant heard me, -came to the window and gave the alarm. I ran to the roof with haste and -threw away my booty. I was cornered before I knew it. Three cops met me -with loaded guns; when I was shot I surrendered.” - -Brooks was one of the most remarkable and dangerous men that ever -followed the profession, so he was characterized on the day the Judge -sentenced him to twenty-three years imprisonment. Before passing -sentence, the Judge said, “Brooks, I doubt if there was ever a criminal -in this city like you. Cold, calculating, scientific, systematic, you -have pursued your criminal career like a mechanic without interruption, -for years. In the course of a few months you have committed thirty-nine -burglaries and stole more than $65,000 worth of property.” - - ------------------------------------------------------------------------- - - - - - CHAPTER X - - WANDERING STARS AND BUZZARDS OF THE TOMBS - - Thrilling Experiences - - -What a field for the study of human nature the careful observer finds in -the Tombs Prison! I do not know of any other place on this continent -where such a display of types may be found as here; not only every -nation, language and color on the face of the earth, but the variety is -kaleidoscopic and leaves on you a deep impress. The moment you see a -real crook his personality stamps you at once for good or evil—rather -for evil; nor can you help yielding to such impressions. But then the -face is the expression of the individual and reveals to some extent the -character of the inner man. Although there are many exceptions to the -general rule, these are few and far between. I find that backsliders in -crime after a few years show a vitiated and debased brutality in their -physiognomy. - -During the ten years that I have been connected with the Tombs Prison, I -have met a great many brilliant men who were at heart dyed-in-the-wool -crooks and bent on a criminal career. I do not care to call a man a -criminal if I can help it, but how can one avoid it when called upon to -describe a modern social anarchist but use such terms as will best -describe the one who lives on crime. - -It is a most difficult thing to know just what to do with such people; -but unless they are reached by the milk of human kindness and the love -of God there is little hope for them. I have found by observation and -experience that the average recidivist is insane on criminal matters, -and is besides a notorious liar! Nor is it best to believe a word of -what he says, unless it is supported by some other testimony. The fact -is, he will not tell the truth even though in the end it might do him -vastly more good than a lie. And any man who denies the truthfulness of -total depravity needs only visit a prison and hear the confessions of -crooks and then seek their corroboration, and it will not be long before -he will be compelled to abandon his foolish denials. - -I find that in youthful degenerates the face holds a pleasant expression -sometimes for years, but then the long confinement behind the bars -reveals a white pallor and dull sunken eyes that cannot be mistaken; on -these crime seems to have written itself indelibly! - -Young sixteen-year-old Stewart, who was sentenced to twenty years in -Sing Sing for killing a boy his own age on Randall’s Island, whose -facial lineaments I often watched and studied, had a most attractive -physiognomy. No one could have believed from his looks that he was a -criminal, but how long he can retain these looks is a matter of -conjecture. - -Our prisons are full of young buzzards who need to be watched -continually. These boys are cunning, sly and treacherous. When you see -them coming be sure and give them a wide berth. Do not believe what they -tell you, even if they swear on a monument of Bibles. Most of them are -in the business to lie and they know how to attend to their own -business! - - - The Untruthful Crook - -Nor can you rely on any of their promises. If they speak to you sweet -words you will find that they have the poison of asps under the tongue. -They are born buzzards and can no more change their ravenous nature than -a leopard his spots. - -One of the earliest buzzard freaks I knew was a boy named Dietz, who was -several times in the Tombs for misdemeanors before he was finally sent -to Elmira for a felony. I found Dietz to be one of the most expert and -finished liars ever I met. It was no trouble for him to lie in three -languages! It seems that he could hardly make a statement of any kind, -without crowding into it a few lies. He had a way of his own by which he -could palm off on an unsuspecting missionary a harrowing tale of -persecution that would bring tears to the eyes and his tales were so -well arranged that all would believe them. - -For daring criminality he could give points to Western bandits and shame -them in the end. A car load of such characters dumped on a peaceful city -of fifty thousand people would disrupt it in a week. Dietz gloated on -blood and thunder yarns of the wild and woolly West, most of the time -and was unhappy unless he was draping demons from the cesspool of his -soul. - -When I meet a chronic liar I readily conclude—no matter what his age may -be, that the bottom has dropped out of his character. The liar is the -best evidence of total depravity, and this particular characteristic of -the individual cannot long be hid. - -The second time Dietz was an inmate of the Boys’ Prison I remember how I -raced all over the city on a wild goose chase on one of his lies, not -knowing at the time that his story was a fabrication from A to Z. I -found out by mere accident that his brother, who was a clerk in a large -shipping firm in the city, had aided him out of his first scrape, but -refused the second time to have anything more to do with him. He knew -this and took pains to conceal the fact that after many chances to do -the square thing his brother considered him “no good.” His wanton deeds -and prodigality he considered virtues and when he recited them to those -who would listen to him he was in smiles. - -The third time he was in the Boys’ Prison was for a felony. He came in -under an assumed name. He did not call upon me for help this time as I -knew his record too well. But he had some women to work for him till -they found out that his stories were only lies from start to finish, -after which they gave him up. He was finally sent to Elmira Reformatory, -but what became of him afterwards I have never learned. - -It seems as natural for criminals to tell lies as to breathe, when in -most cases the truth would serve to better purpose. Some time ago a -young Russian named C—— was before Judge Cowing for stealing a diamond -pin. The crime was committed in the Thalia Theatre on the Bowery. While -his pedigree was taken in General Sessions he was asked if he had ever -been arrested before and, as usual, his reply was a lie. When he was -sentenced to Elmira Reformatory he replied to the Court, “Judge, would -rather go to hell than to Elmira.” After he came back to the Tombs I -asked him why he hated to go to Elmira so much. He then told me that he -had been there already while Superintendent Brockway was in charge. I -then made an investigation and found the lawyer that had defended him at -his first trial, who after he had been in the Reformatory two years and -a half had secured a pardon for him so that he might return to Russia, -which he did. He joined the Russian Army, but is said to have deserted -soon after the breaking out of the war in the Far East. In less than two -months after reaching New York he committed another crime and sought to -cover it with a lie. - -This man’s career shows him to be nothing less than a human buzzard. -Criminality is written on his countenance, which, to say the least, is -forbidding. After he was sent to Elmira Reformatory he was soon after -transferred to Auburn Prison, where he will have an opportunity to serve -his full sentence of five years. - -Another criminal of the Buzzard species was Chump of Harlem. He was only -twenty-six years of age, the son of a sergeant of police. He is so -indolent that he prefers to beg or steal rather than earn an honest -living. Those that know him best call him “a gin-mill sucker,” as he -spends most of his time there for the “drinks” he can pick up for -nothing. He was arrested in midwinter for stealing a forty-dollar chair -from a furniture store in the upper part of the city. Like most of his -kind, Chump said he was innocent and that it was the first time he was -ever arrested. As he gave a fictitious name and wrong address it was -impossible to trace his record. Under the impression that he was a first -offender, he was allowed a plea of petit larceny. When he came up before -Recorder Goff he found his match. Some person must have given the Court -an “inkling” of Chump’s record. When he stood at the bar of General -Sessions the Recorder had him sworn on the Bible so that he might tell -the truth. Then the tug of war began. “Chump,” said the Recorder, “Tell -the truth, were you ever convicted before?” Chump hesitated. There was a -painful silence in the room. “Now tell me,” said Judge Goff, “How many -times were you sent away in your life? Were you ever in the -penitentiary?” said the Recorder. “Yes,” said Chump, “once.” “Is that -all,” said the Recorder; “Now tell the truth.” “No,” said he, “Twice.” -“Any other times?” He hesitated again. It seems that this young vagabond -had no less than six convictions standing against him prior to this -time. While he was under the Recorder’s scrutiny he must have suffered -torture of conscience. But his real character was brought out which -showed him to be an A1 degenerate and a notorious liar. Before he -started for the penitentiary I asked him why he had lied by saying that -he had never been up before. He coolly replied, “Well, you know if I had -told the truth nobody would have done anything for me.” - - - Dark Records - -In the following sketch I have selected crooks of maturer years. They -are types of modern brainy criminals. I have said nothing of Orrin -Skinner, the well read Illinois lawyer who became a jailbird in early -life and afterwards died in Auburn prison, nor of Rue Ralley, the -scholarly criminal who was master of several languages; nor of other -well known crooks who got away with millions of dollars from several New -York banks. I have said nothing of “Jimmie” Hope, who robbed the -Bleecker Street Bank of three million dollars, and was called the Prince -of Safe Crackers and who at one time was said to be worth a big fortune, -the “pickings” of several bank burglaries; nor of the young crook who -went boldly to a Broadway Bank at the noon hour and with only an empty -soap box under his feet, leaned over the cashier’s cage and got away -with $10,000. But the city is full of such bold crooks who simply wait -their chances. - -It must be an awful insult to the Almighty, after he had so liberally -endowed such people, some of them with the intellect of a Webster or a -Gladstone, for them to use their powers only to do evil and refuse to do -good. But this is precisely what a habitual criminal makes up his mind -to do when he continues in wrongdoing against the wishes of his best -friends. - -A middle-aged criminal who has made a dark record as a thief and liar -since he was ten years old was taken to the prison desk in my presence -to give his pedigree, as is the custom with all who are committed by the -Magistrate to await trial. When asked his name, age and business, he -replied, “I am forty-five years of age. I have no home but the -Penitentiary and a ten-cent Bowery lodging house which I use when I am -not in prison. I am a thief by profession and have followed that -business nearly all my life. As I positively refuse to work I mean to be -a thief till I die, and will compel the State to support me.” - -There are hundreds of this class possessing the same delusion in all our -cities, who do nothing but steal for a living and then cover their evil -conduct by lies. They are insanely depraved and should be locked up -permanently, as they are of no use to anybody. They are social parasites -and enemies of the race. - -And yet I am forced to say that some of the brightest and brainiest of -men that I ever knew in their sober moments, were crooks. I have tried -to study them to see how and where they differ from other men—and that -is no ordinary task. Whether I succeeded or not remains to be seen. In -some cases, after many patient interviews I was able to draw them out of -the dark and gloomy past, where I could read their character in its true -light. Although many of this class are exceedingly interesting as -conversationalists and unusually intelligent on the great questions of -the day, I find they are never willing to disclose their identity or -reveal their inner life. A crook never gives his right name when placed -under arrest—always an alias. His deeds are done in darkness. - -One of the most forbidding faces ever I saw in my life was that of Terry -R—— who died in the New York Penitentiary a few years ago. He was a -hardened character. During his life he had eleven convictions for crime -recorded against him, extending over twenty-five years. I carefully -observed that during his last years he became sullen, revengeful, -despondent and suspicious of everybody. Terry was a living example of -that terse old Scripture passage, “The way of the transgressor is hard.” - -Speaking of lies, which are the ordinary stock in trade of all -criminals, reminds me of Frank McKenna’s experience. Some years ago he -was sent to the House of Refuge for a year. That was before the -principle of the indefinite sentence was applied to such institutions. A -few days after his discharge he committed a crime similar to the one for -which he had been originally sent away, viz., holding up a child on the -street and taking away her wallet. For this second offense he was in due -season indicted; when he was taken to Part I, General Sessions, Recorder -Smyth asked if he had ever been in the House of Refuge; he replied in -the negative. “Well, then,” said the Recorder, “I will send you there -for a year.” On the day following he was taken to the House of Refuge -but they refused to receive him as he had been an inmate of the -institution and was only discharged a few weeks before. When he came -before Recorder Smyth the following Tuesday, he asked him if he really -meant to have told him a lie on the preceding Friday, when he sentenced -him; without a moment’s hesitation he said “_Yes._” “_Then_,” said the -genial Recorder, “for this lie which you have told me, _I will give you -four years imprisonment and for the crime charged against you in the -indictment one year_.” Since then McKenna has served several sentences -for crime. He is a bad crook. - -Before he left the Penitentiary the last time, a well known missionary -became interested in him. This gentleman secured for him a suit of -clothes and gave him a few dollars to pay for meals and lodgings for a -few days. Since then he has entirely disappeared as if the earth had -swallowed him. But where he has gone no one knows. - -Another well known character, whose career goes back some years, was -Captain Jack of the Cuban Army. The Captain was a native of Virginia, -was a well educated young man inclined to adventure; he had been in Cuba -several years fighting the Spaniards under Gomez. After the blowing up -of the Maine and the United States had occupied Havana, Jack returned to -New York on one of the transports. He had in his possession four or five -hundred dollars besides a railroad ticket to his home in the South. -While wandering along West Street, waiting for the departure of the -Pennsylvania train, he was inveigled into a disorderly house where he -lost all his money and valuables. When the Captain came to himself and -missed his property he made a demand on the saloon keeper for its -return. The saloon occupied the front of the building and the disorderly -house the rear. When he asked for his money there was some loud talk in -the place and as a result Captain Jack was “fired.” As soon as he -reached the sidewalk he was arrested and taken to the Church Street -Station House. In the Centre Street Police Court next day after hearing -the policeman’s version of the trouble, the Magistrate fined him five -dollars. Up till this time Captain Jack had nothing to say by way of -explanation of his side of the case. When he returned to the Tombs he -told me his story as he was mourning over his loss. He was grieved over -the shameful treatment he received, as he was only put under arrest when -he demanded the return of his property. I went over to the Police Court -and laid the facts in the case before Judge Flammer who had sentenced -Jack, but had not known anything of his loss. At the suggestion of the -Magistrate I communicated with the Second Precinct police and asked why -Captain Jack was arrested while the thieves that stole his money went -scot free. Captain Westervelt put Detective Mooney on the case, but -nothing came of it. The police kept Jack in a down town hotel for a few -days and then raised money among themselves to buy a railroad ticket and -sent him home to Virginia. The following year Jack came to New York and -was in trouble again. This time he was charged with “beating” the -Broadway Central people out of a board bill. For this offense he was -sent to the Penitentiary for three months. In size the Captain is -diminutive, voluble of speech, full of weird tales of adventure in Cuba -and is not at all too gifted with telling the truth. He returned to Cuba -where he was promised a position by his old comrade, General Gomez—as he -called him. But of these things I have no personal knowledge and would -be unwilling to believe one-fourth of what was said of his past or -future. - -It looks sometimes like an awful waste of time to do anything—even of a -humanitarian character for the average crook who tries to interest you -in his welfare with a pack of lies. But I have never refused these -people when I thought I could do them any good. I have worked for them -in every possible way that I might win their confidence and thus lead -them into a better life. I have learned by experience not to believe all -a crook says or even a hundredth part of it. It don’t do to allow -yourself to be caught napping by these gentry who think they have -everything to gain and nothing to lose by a lie. - - - Kahn, The Black-Hearted Syrian - -In the lower part of New York near the Battery, in the vicinity of -Washington and Greenwich Streets, there is and has been for several -years what is known as the Syrian colony. The few immigrants that come -from Damascus, Beyrout and other parts of the Turkish Empire all seem to -gather here. As it is contrary to the Koran for any of them to use -liquor of any kind, or sell it, these Mohammedans are seldom in prison, -yet they are lacking in saintly character as much as the Latin and -Slavic nations of Europe. At the time of which I write there was a hotel -or boarding house in the Syrian colony, kept by a widow named Lazarus. -She spoke the English language very imperfectly. But she had in her -employment an experienced hotel manager who attended to all her affairs -whose name was Abirams. He had been in the country a number of years and -could speak the English tongue fairly well. Everybody liked Abirams as -he kept the house clean and sought to make it respectable. On one -occasion a countryman named Kahn came with a young girl and tried to -hire a room in the hotel for immoral purposes. Abirams positively -refused to receive him or the woman. Words passed between them. Then he -left the place swearing vengeance. - -It was afterwards learned that Kahn was a criminal of the deepest dye -and would do anything to ruin an innocent man. Twice he had been saved -from the gallows by turning King’s evidence in his own country. Since he -came to America he was known to have sent many of his countrymen to -prison for long terms on perjured evidence. He would do anything to save -his own neck. - -In an hour afterwards Kahn returned to the hotel with a police officer -and charged Abirams with robbery. The prisoner was at once put under -arrest and then locked up over night. In the morning he appeared in the -Tombs Police Court. Kahn was on hand and presented before the Magistrate -a sworn affidavit that Abirams had robbed him of money and a watch in -the Syrian hotel the previous night. The woman was also present as a -corroborative witness. Without further examination the prisoner was -committed to await the action of the grand jury. For five or six weeks -the poor Syrian, Abirams, neglected and forsaken by his countrymen, lay -in prison on a false charge founded only on malice and perjury. I made -an investigation of the case and secured affidavits of Abirams’ previous -good character, showing him to be an exceptionally good man. I visited -the Syrian colony personally and soon had ample reason to believe that -Abirams was innocent of the charge placed against him by Kahn. After a -few weeks the woman in the case disappeared for fear of arrest, then -Kahn was given to understand that if he went before the grand jury and -perjured himself, he would receive a long term of imprisonment. Indeed, -he had offered to withdraw the charge for a money consideration, but he, -too, became afraid of arrest and then fled to parts unknown. - -In the meantime I visited the District Attorney’s office where I sought -to interest Mr. Henry W. Unger, Col. Gardiner’s chief assistant, in -behalf of the poor Syrian. Mr. Unger, always courteous and gentlemanly, -gave me much encouragement—eternal blessings on his head—he has always -tried to temper justice with mercy by giving the friendless a helping -hand, and doing it kindly, and will certainly not lose his reward. - -It was afterwards learned by indisputable evidence that Kahn was a tough -character and had done the same thing before—that is, he sent innocent -men to prison who angered him, and was ready to perjure himself again if -we had not made an investigation and showed him up as a notorious liar -and blackmailer. - -It is needless to say that Abirams was honorably discharged and returned -to the colony a wiser man. The notorious Kahn was so scared that he kept -out of New York for many months afterwards. - - - A Crook Whose Specialty Was Knock-Out Drops - -On October 9th, 1903, a gentleman of the crooked profession named Walter -Wilson, alias George Hill, alias Herman Fentner, alias Mr. Hawkshaw et -al., was sentenced to thirty-three years imprisonment in the Court of -General Sessions. There were eighteen indictments pending against him -but he pleaded guilty only to four, with the above results. Wilson has -had a criminal record extending over twenty years. His specialty in -crime is said to be in the scientific use of knock-out drops, which in -the medical profession is known as chloral, and at this he was an adept. - -For some years he has worked in the Tenderloin, giving his entire -attention to all kinds of robberies, including panel work in which he -seems to be expert. He has labored assiduously for several years with -women of the street and made a large amount of money, only to lose it as -fast as it came to him. How many persons have received his “drops” and -with fatal results God only knows. - -Wilson is a most interesting character, is intelligent, wide awake, and -has the ability and genuine reserve force in sufficient quantities to -command an army or govern a republic or quell an insurrection. He is a -“crack” criminal of the twentieth century type and while in the panel -business usually went for big game. He is alert, daring and muscular and -would have been a dangerous character to meet in a lonely road. He has -the brains of a leader and could handle men. His gray piercing eyes and -the facial expression show that he would allow nothing to stand in his -way if put to the test. His weakness seems to be that when he has plenty -of money and is full of “booze” he becomes garrulous and says too much. - -Wilson began crime shortly after he was twenty years of age; his first -sentence was less than a year on the Island for the robbery of a diamond -pin; he claims to have “done time” on this occasion innocently; he had -taken the blame for Nellie’s sake, his common law wife, who afterwards -went back on him. Away back in the early nineties he stole a trunk of -clothing from Hazel Thorne, the actress. For this he was sent to Sing -Sing for four years. - -For several years past he has spent his summers at the races at -Gravesend and Saratoga. While in the latter village he nearly got away -with a bag of jewelry valued at $1,500.00, but as he returned the -“stuff” the lady refused to prosecute him. - -How many more times this man has been in prison under old and new -aliases we have no means of knowing at the present moment, but that he -has been in prison a number of times we have no doubt whatever. During -all these years he seems to have had an intense dislike to honest labor. -Like most other “gentlemen” of the crooked profession, he preferred to -live like a “dude” on his ill-gotten gains rather than be a man and work -like other men. - -As soon as Wilson had secured his freedom after serving his first -sentence he made up his mind to be a man and do the right thing. He -says: - -“I accepted employment with a man uptown for five dollars a week and -board. I was willing to do anything to outlive my past life—if that -could be done. - -“One day some of my old companions who had known me in the Penitentiary -came to me while at work and threatened to expose me unless I gave them -ten dollars. I refused at first and was willing to fight them to the -bitter end. I would not be blackmailed. As they kept it up for several -days, I gave them money rather than lose my job. Then they came again, -and told others who made the same demand on me. After this I refused -every appeal and told them to go and do their worst; as a result I lost -my job. I searched the city for honest work for weeks, but could find -none. Then I became a gambler. I went to the races all around New York, -where I made money easy. I confess as a gambler I have had a checkered -career, and even now do not wish to tell all the escapades through which -I passed. But they were not of the best quality and many of them were -deeds of darkness. - -“Some months ago I returned to the city. I wanted money badly and -resorted to crime, as I did not want to work. This is straight—_I did -not want to work_,” and he said it with an emphasis. - -“I located in the Tenderloin and worked in partnership with a woman of -the street. We played the panel game between us and made lots of money. -We succeeded in robbing men of means who fell into our net. Every week -when I divided the graft, we had a big roll of bills each.” - -Perhaps I ought to say that panel thievery is the old game of robbery in -which injured innocence takes part. It is still practised in many parts -of the city—especially the Tenderloin, but not as much as in former -years. The three parties in such a crime are (1) a woman—elegantly -dressed, with plenty of borrowed jewelry, but dissolute, (2) her so -called profligate husband, and (3) her victim. The woman goes to the -street—Fifth Avenue—and inveigles some young blood, a banker or rich -merchant to her apartments. Then the so-called husband shows up -unexpectedly. Then there is trouble but it is averted by a heavy cash -payment, after which the victim goes free a wiser man. - -The same thing is continued night after night for years. Not one victim -in a hundred ever squeals—he is willing to pay any amount of money -rather than do so. Sometimes the so-called husband shows himself to be -an adept in the use of knock-out drops administered in wine. After the -victim becomes senseless he is robbed of all he has and left on the -premises. After a few days rest in Long Branch or Saratoga they return -again to the city where the same thing is carried on nightly. This is -what is called the Panel Game. Within recent years the Courts have been -very severe with such people and justly so, as they are a most dangerous -class. - -Wilson continued: “After a while I became reckless and careless and got -caught red-handed. I have found once more that the way of the -transgressor is hard. But now I am done with that life. Ever since my -return to the city I have been living in hell. I knew I was doing wrong. - -“I wish they had sent me to the electric chair—I would be better off in -the end. - -“Just think of it—thirty-three years in prison, and yet it is all my own -fault. - -“When I come out, if I live out my sentence, I will be an old man—sixty -years of age. Such a sentence is simply a civil death.” - - - A Young Man Whose Craze Was In Slashing Ladies’ Dresses - -In one of my early experiences with criminals it was my fortune, or -misfortune, to have met a young man named Max Krebs who was a rank -destructionist. He was a German by birth, and had only been in this -country about a year. He must have been shipped away from the Fatherland -by his own people as a degenerate or the black sheep of the family. He -was a good looking young man, well dressed, light hair, brown eyes, and -a florid complexion. He was fairly well educated, pleasant in manners -and must have come from a respectable home. - -I am satisfied now that his people must have been well to do for they -sent him regular monthly allowances to pay his board and to keep him in -clothing. But he was a degenerate and clearly insane when in a crowd of -ladies. Whenever the opportunity came to him he sought to cut their -dresses with a pen knife or sometimes a small pair of shears. He knew -his business so well that hundreds of elegant silk and satin dresses -were cut and destroyed on the street but were not discovered till the -owners returned home. In giving their testimony these ladies always -remembered that they saw a young man who looked like a Teuton “crowd up” -against them on the street. And while they could not identify him -positively, the defendant looked very much like the dress slasher. On -several occasions Max missed imprisonment by the skin of his teeth -simply because he could not be identified. - -In December, 1898, he was arrested on Fourteenth Street, near Fifth -Avenue, charged with cutting ladies’ dresses; the technical charge was -malicious mischief. The crime was committed around the holidays when the -streets in the shopping district were densely crowded. Many complaints -had been made to the police that such a man was at large—whose only -business was to ruin female attire. He was the victim of some insane -delusion, although he never showed it in his speech. I questioned Max -many times and tried to look him straight in the eye but he could not -stand that—his eyes were not honest and, alas, like many another young -degenerate he could not be depended on. As a first-class liar Max would -have carried off the prize anywhere, and this was his main stock in -trade in securing sympathy from Christian people and at the same time -deceiving them. From first to last I entertained grave doubts respecting -this boy as I was not sure what was the best thing to do in his case. I -simply gave him the benefit of the doubt. - -In the early part of January, 1899, Max called me to his cell in the -Boys’ Prison and told me confidentially a sad tale of police persecution -as the cause of his incarceration. He positively affirmed that he was -innocent of the charge placed against him and he had not cut any -dresses, oh, not he. I questioned him several times, but could not shake -his testimony. He maintained his accusers were mistaken. As the -complainant who was a lady, weakened on his identification I thought she -might be mistaken, so I aided him all I could and became interested in -his case. I went to the German Consulate and pleaded for him and -afterwards to the Legal Aid Society. A kind hearted lawyer named Granger -was assigned as his counsel, who took hold of his case with a will. He -called to see him at the Tombs and tried to find the trouble, as the -charge was a most unusual one for a boy of nineteen. He afterwards told -me that he thought the boy was guilty but was deranged and his trouble -he thought was caused by self-abuse. But deranged he was, for every -opportunity he had he used in slashing ladies’ dresses. It was his -mania. - -On January 12th the case went to trial. The main issue turned on the -identity of the prisoner. The ladies that took the stand could not -positively swear that Krebs was the one that cut their dresses. And as -he had such a good face both judge and prosecuting attorney felt kindly -towards him, and the jury gave him the benefit of the doubt and he was -discharged. But there was really no defence. He was simply saved by the -skin of his teeth. - -A few days after the trial one of the jurors wrote me asking for Krebs’ -address, saying he took such a deep interest in him as to believe in his -innocence and he was willing to give him a position. I sent it to him -but whether he gave Krebs a position or not I cannot tell, as I never -heard from him afterwards, but one thing I know, this young man was a -notorious liar and as I understand, had been exiled from Germany because -of his audacious criminality as a dress slasher. - -This case shows how easy one may be deceived. All the labor and sympathy -expended on him was wasted. As far as crookedness was concerned this -young degenerate could (to use a slang phrase) give clubs and spades to -men twice his years and in the end beat them. - -The worst thing that could have been done for Max Krebs that day was to -save him from prison. He ought to have been sent to Elmira Reformatory -and placed under the care of Superintendent Brockway and watched and -then made to toe the mark. - -After a few weeks New York became too hot for him; then he was compelled -to beat a hasty retreat to Philadelphia, Baltimore and Washington in -succession, where he continued his old insane delusion, viz.: cutting -ladies’ dresses for the fun of it! He was finally arrested in -Washington, D. C., caught in the very act! - -When he was brought to trial there must have been fifty charges against -him. In Washington his offence only called for a fine and if it amounted -to $100 he could plead the Debtors’ Act and go scot free. What became of -Max and his insane delusions I do not know as I afterwards lost all -track of him. - - ------------------------------------------------------------------------- - - - - - CHAPTER XI - - NOTED EXPERTS IN FORGERY - - -America has furnished some of the most noted, nervy, brainy experts in -the line of forgery that the annals of crime have known. - -Authorities agree that forgery is a crime of the highest order, that -needs patience, a cool head and the skill of a genius. At the present -day it requires several persons to carry out every well laid scheme of -this kind. Most of the great forgeries of the past forty years were the -work of gangs who owned printing, engraving and lithographic plants. -According to the Pinkertons, who have been running down forgery-crooks -for the American Bankers Association for half a century, every well laid -scheme of forgery, by which banks and corporations have been robbed of -millions of dollars, was the work of at least four persons. - -These consist of the following: (1) _The forger or tracer_, who is an -experienced penman and ready at all times to carry out the will of the -gang; (2) _The capitalist_, who advances money to open accounts in the -various banks where business is to be done; (3) _The middle man_ between -the forger and the capitalist; and (4) _The business manager or advance -agent of the gang_. - -The bold single forger who passes one or two checks is discovered as -soon as his paper reaches the clearing house or the bank. But a gang of -forgers can work their schemes for months before they are discovered. By -that time they are able to get to the ends of the earth where they are -beyond the reach of the police, at least for a season. - -[Illustration: - - The roll call at midnight at a New York station house.] - -[Illustration: - - Men’s prison.] - -[Illustration: - - Women’s prison.] - -Some of the brightest and brainiest men that ever lived belonged to this -class. In private life they were kind and loving and tender and would -scorn to do a mean act. And I have wondered often why such men would -commit crime and bring shame and remorse on themselves and their -relatives, if they were not partly insane. - -I have tried to study them—to see wherein they differed from other -men—and that is no ordinary task. Whether I succeeded or not remains to -be seen. In some cases, after many patient interviews I was able to draw -them out of the dark and gloomy past, where I could read their character -in its true light. Although many of this class are exceedingly -interesting as conversationalists and unusually intelligent on the great -questions of the day, I find they are never willing to disclose their -true identity or explain their inner life. And they wilfully conceal the -past and refuse to come out clearly into the light of day. - -Henry A. Leonard, a Wall Street messenger boy, single and alone, was -able to forge a check on the Hanover National Bank, (September, 1905) -and have it certified, by which he secured $359,000 in negotiable bonds. -It is very doubtful if a stranger could have done the same thing. -Leonard was known to the banks as a broker’s messenger boy and all the -paper he brought to the various banks was received without question. - -Leonard’s plea afterwards was that he did this work to show how _easy_ -the banks could be swindled. There may be much truth in the statement -that many of the Wall Street banks do business in a slipshod manner, but -whether that was a good reason why he should attempt to secure such a -large amount of valuable securities for nothing is quite another -question. - -We believe that Leonard was only a simple minded boy and had no -intention of wronging any person. If he had been a crook he could have -negotiated half the bonds in an hour and left the city to parts unknown -before any one would have known it. - -Another noted forger, whose doings have extended over a quarter of a -century, was Ned Stoddard. In manners Stoddard is a perfect gentleman -and his scholarship allows him to converse with anybody in the land. -With a pen in his hand he becomes a perfect genius and can reproduce any -written name he has ever seen on paper. Stoddard has performed some -wonderful feats in the line of forgery. - -It was “booze” that brought about this man’s ruin. He was a typical -Yankee, tall and slender, measuring over six feet in height. A man of -more than ordinary intelligence, a good speaker, a brilliant -conversationalist who threw into his arguments two keen gray eyes that -danced with delight while he told you some interesting anecdote or fairy -tale! - - - Three of a Kind - -One of the most startling forgeries of the last century took place in -1886. The principals in this deep laid scheme were William E. Brockway, -Luther R. Martin and Nat. Foster, a trio of the most daring crooks that -ever walked the streets of New York. They were so foxy in their -movements that the police worked upon the case two months before they -were able to trap them. One morning Detective Langan, (afterwards -Inspector, now deceased), followed Brockway from his lodging house on -West Eleventh Street to rooms on the corner of Division and Catherine -Streets where he found a complete plant for printing railroad bonds and -securities. Detective Cosgrove paid his attention to Martin who had -rented a parlor on the corner of Lexington Avenue and Thirty-fourth -Street. After his arrest and his rooms searched they found a complete -lay-out of four different plates with a numbering machine. Nat. Foster -lived in great style at the St. James Hotel on Broadway and Twenty-sixth -Street. After his arrest George W. McClusky searched his rooms and -captured $54,000 worth of forged bonds of the Morris and Essex Railroad -all ready for the market with President Samuel Sloan’s name forged on -them. The case against them was clear, all having been caught redhanded. -Brockway being an old offender, plead guilty and was sentenced to ten -years in State prison by Recorder Smythe. In the case of Martin, who was -defended by Lawyer Peter Mitchell, the jury disagreed; he was remanded -to the Tombs where he stayed two years. Then he became almost blind, and -taking a plea to a minor offence he received a suspended sentence. Nat. -Foster was also in the Tombs even longer than Martin, and, strange to -say, he also became blind and plead to a smaller offence and he also was -given a suspended sentence. How true is that old Bible passage, “The way -of the transgressor is hard.” - - - The King of Forgers - -Charles Becker, one of the cleverest forgers of the century, was born in -Germany. He came to this country with his parents when young. He is -known all over the United States as “The King of check raisers.” It -would be impossible to mention all this man’s deeds of daring, nor do we -believe it to be necessary. - -In 1872 with a number of confederates he robbed the Third National Bank -of Baltimore of something like $150,000 and then fled to Europe. They -alternated their residences between London and Paris, committing some -big forgeries in both cities. For these several of the gang were -arrested and jailed. - -During the summer of 1876 Gainsborough’s painting of the Duchess of -Devonshire had just been sold in London on May 25th, for $10,000. In -those days this was said to be a high priced picture. The gang thought -that they ought to have this painting as it meant so much ready cash to -them. Accordingly, one of their number, Adam Worth, stole the picture -from the rooms of the auctioneer, where it was in storage, by cutting it -from its frame. This theft caused such a sensation in England that -Becker and Company thought it good for their health to return to the -United States, which they did. This painting remained in Chicago for -several years, but was afterwards sent to London where it was sold to J. -P. Morgan for $25,000. - -In 1877 Becker and several others of his fraternity robbed the Union -Trust Company of Brooklyn, N. Y., of $64,225 by means of raised checks. -To save himself from state prison he “squealed” by turning state’s -evidence, and Becker, the brains of the gang, was discharged. - -The last crime Becker committed was in 1896 in California. Here he -raised a check of twelve dollars to twenty-two thousand dollars. It was -well planned and with the money that Becker and his “pal” had on hand to -beat the case, they might have succeeded, but the other fellow was -approached by a Pinkerton gentleman and as a result, turned state’s -evidence. On the 29th of August, 1896, Becker was tried, and sentenced -to imprisonment for life. - -As a forger and check manipulator Becker is a genius. With the aid of -acids he can erase any writing or figures. In checks that contain -perforated figures and lines he fills in with fresh pulp and then irons -it over in such a manner that it cannot be detected, even with a -magnifying glass. - -So skilful with the pen was Becker that he could counterfeit a ten -dollar bill which so closely resembled the genuine that even experts -were deceived. - -While serving a long sentence in a California prison he made such -startling revelations to the Pinkerton Detectives that one of the -superintendents called on him in the interest of the Government and the -Bankers’ Association for verification. Satisfied that he was able to do -all that he claimed, a favorable report was made to the Association, and -a movement for his release was soon afoot. He was pardoned October, -1903. - -Becker is not only a wonderfully clever forger, but has amazing -audacity. While in prison he counterfeited several bills of large -denomination and would have caused them to be circulated had he found an -agent with sufficient nerve. He approached several keepers on the -subject but found none with the required courage. - -He circulated several counterfeit bills of large denomination among the -German farmers in Pennsylvania among whom his knowledge of German and -the Fatherland gave him wide influence and many easy victims. He bought -a number of horses and cows and paid in counterfeit bills; then he -shipped the stock to Philadelphia and disposed of it. - -In February, 1888, he purchased a fine residence on one of the most -fashionable streets of Baltimore and paid for it with a draft on a New -Orleans bank which had been raised from $180 to $18,000. Before the -fraud was discovered he had sold the property for $16,000 cash and left -the city. - -In March, 1899, he purchased a farm in Talbot County, Maryland, -tendering as payment therefor a draft on a Philadelphia bank upon which -he had raised the figures from $120 to $12,000. The farm was valued at -$8,000. Hence he received $4,000 in change besides the $7,500 he was -paid for the farm the second day after it was deeded to him. - -He is smooth, oily and ingratiating—well-nigh as slick in speech as he -is with his pen. His manner is more that of a Frenchman than a German. -He talks rapidly, and his gestures are almost Jew-like. He once remarked -that if he had been born dumb he would have been able to make himself -fully understood by his gestures. He cuts the air, shrugs his shoulders, -shakes his head, and assumes all the airs of a tragedian in order to -convince his hearers of his honesty and earnestness. - -His home training could not have been better, scion of high-class German -parents who seriously sought to imbue him with a love for God, and due -regard for the property and rights of his fellow beings. He was sent to -the best school in Germany and graduated at the head of his class. He -was then, by his own choice, apprenticed to an engraver and early -developed marvelous skill at the trade. He was obliged to leave Germany -because of his attempt to too closely imitate “the coin of the realm.” - -Another noted American crook is R—— R——, now living a straight life. The -annals of crime do not furnish another like him. - -When he began crime he was a man of fine physique, good address, suave -in manner, well educated and an accomplished writer for the press. What -led him to become a crook is not known. - -R—— first came into prominence in 1882. At that time he played a bold -game to fleece several Yale College professors by means of bogus checks -which he desired cashed. He introduced himself to them as an Irish -nobleman named Lord Rossa, who wished to found a college in the United -States and sought their advice in the matter. He was not only a perfect -gentleman in manners but he was so scholarly that he readily threw them -off their guard. But the scheme fell through when they would not cash -his checks. - -After this R—— went abroad, visiting Allahabad, Cairo and Paris and left -a trail of gigantic swindles in his path. In India he is said to have -swindled a prince out of a thousand guineas. Then he visited Cairo, -where he was able to swindle the Khedive of Egypt out of $5,000. He came -directly to Paris dressed like a Persian prince who could converse in -the Arabian language; he had with him several body servants and a cook. -The latter was secured to prove that he was a Persian of royal blood. In -Paris he had great success and was able to get acquainted with Sadi -Carnot, then President of France. After this he swindled several French -bankers out of $50,000 and decamped. - -At one time he claimed that he was born in England, but this he denies, -asserting that he was born in Ohio and that his right name is Powers, -and that he was a school mate and an intimate friend of the late -President McKinley. - -That he is a man of brilliant parts and an able writer cannot be denied. -A number of years since he was on the editorial staff of a Philadelphia -paper, often acting as its Washington correspondent. During the reign of -terror created by the Klu-Klux Klahn in North and South Carolina, R—— -was sent to those states and faithfully reported for the paper the -status of affairs eventuating from the lawlessness of this well known -society which was organized to bulldoze the negroes and prevent their -voting, and to drive the carpet-baggers from the South, thereby securing -the domination of a political organization south of Mason and Dixon’s -line. - -Periodical sprees are the cause of all his trouble. He runs short of -money and then utters worthless checks to fill his empty purse. In -April, 1901, he was sent to Sing Sing for four years for uttering -worthless checks. But for the clemency of Professor Hadley, of Yale -College, he would have been sent to Wethersfield Prison on the -termination of his sentence in New York. - -It is his determination to devote the remainder of his life to -journalism and to never again collide with the law to such an extent as -to be deemed worthy of arrest and imprisonment. - - ------------------------------------------------------------------------- - - - - - CHAPTER XII - - CHANGING THE GRAND JURY INTO A BUREAU OF CRIMINAL EXPERTS - - A New Classification of Criminals - - -There has been a growing feeling on the part of judges, lawyers and -others who are directly concerned in the practice of law in our criminal -Courts, not only in this county, but in many parts of the land, that the -grand jury system has become so antiquated and ineffective in its -practical workings, that it should be abolished and a more modern system -put in its place. - -In this city at various times during the past few years several of our -General Sessions judges, notably Judges Foster, Rosalsky and others, -when charging grand juries at the opening of terms, have warned that -body against finding indictments against individuals unless they are -grounded on legal evidence. Such labors simply put the county to a -needless expense and the unfortunate defendants to much inconvenience. -And even the past year almost every Presiding Judge of General Sessions -when charging the grand jury at the beginning of the term has taken -pains to inform the body that under no circumstances must they find -indictments against persons charged with crime except on legal evidence. -Judge Warren W. Foster, one of the best and fairest of our criminal -judges, is especially outspoken against this habit of finding -indictments against persons charged with crime on illegal evidence. On a -recent occasion Judge Foster took occasion to thank the grand jury for -the caution they exercised during the month in refusing to indict -persons except on sufficient grounds. - -In charging another Grand Jury the Judge said in part: - -“A friend of mine who has served frequently on the Grand Jury, and who -is a prominent business man in this city, said to me: ‘The more I see of -grand juries the more I think it is an antiquated humbug. It is but clay -in the hands of the District Attorney to indict whomsoever he wants to -and to dismiss any charge he wants to dismiss.’” - -“A great many people believe that the Grand Jury is a panacea for all -the ills of our body politic. If the Police Department is short of men -go to the Grand Jury. If we want a new Court House go to the Grand Jury -and if we can’t compel them to build one file a presentment on the -subject. The Grand Jury’s duty is clearly defined, and you are not to -find indictments except on evidence properly presented to you.” - -All this shows that there is considerable feeling abroad against the -Grand Jury system and some of our best thinkers believe it should be -abolished and something more modern put in its place. - -More than once I have sat in Part I, General Sessions, and have watched -the Grand Jury file into court, and hand to the Judge on an average from -ten to thirty indictments, which was the work of a morning sitting, -consisting of about two hours. - -Sometimes the morning has been spent in finding only five indictments, -but as a rule the work is rushed and only a few minutes given to each -case. There is no law as to how much time the Grand Jury shall spend on -each case. While I have been amazed at the rapidity of their work, I -have been more astonished at the superficial character of the work. It -will be readily seen that the Grand Jury has not the time in two hours -to examine even five complaints and do justice to each defendant, much -less thirty, especially when we remember that these indictments are to -brand with crime certain ones for life. - -We have no complaint against the Grand Jury. They are usually an -intelligent and upright body of men. But when they are in consultation -with the District Attorney they simply do what he tells them, without -knowing whether their acts are just or not. - -That this reform of the Code of Criminal Procedure may be productive of -much good I would recommend, - -1. _The abolition of the Grand Jury as an antiquated system._ - -I admit that the suggestion is somewhat radical, but for that matter all -reforms are radical that overthrow old systems, and are as a rule -bitterly opposed by conservative people. - -The body known as the Grand Jury has come down to us through many -generations. But it may be well to know that the Grand Jury system is -not an absolute necessity. At the present moment it is nothing less than -_the appendix vermiformus_ of the District Attorney’s office. And as it -needs heroic treatment, it should be abolished without delay. The remedy -is excision. - -In some countries, for example, like Scotland, there is no Grand Jury. -The work of preparing indictments against lawbreakers is done by a paid -official called the Procurator-Fiscal. He and his assistants make a -thorough investigation of every person against whom criminal charges are -laid, and if found that there is just cause for such action the accused -is then proceeded against in the criminal courts. If not, that is the -end of it and the county is spared the expense of further litigation. - -In various States, grand juries are usually made up of rich men—owners -of real estate and persons of large means and business interests. -Whatever else the Grand Jury is, it certainly is not a representative -body. The poor man, no matter how good or intelligent he may be, is not -allowed to sit with them, nor has he any say in their deliberations. -They are composed of active or retired but wealthy business men, and -apparently have no real sympathy with the common people. Some Grand -Juries were ready to indict labor leaders, no doubt at the request of -the District Attorney, but when the case against the ice grafters came -up, Judge Rosalsky had to call special attention before anything was -done. But this should not be. Independent of the action of the District -Attorney, they might have indicted many of the rich thieves that stole -millions from the street railroads of New York, and without the aid of -the District Attorney they might have indicted several rich Insurance -grafters and took pains to see that they were sent to jail for stealing -the people’s money. Such action would have commended the Grand Jury to -the people. During the McClellan administration some of his own probers -have shown that many Tammany office holders have stolen thousands, if -not millions of dollars from the city. But neither Mr. McClellan nor Mr. -Jerome have taken sweet counsel together to send the grafters to jail. -The Grand Jury could have made an original investigation without the aid -of the District Attorney and indicted them one and all for grand -larceny. It would have looked better if Mr. Jerome had refused to allow -any of his assistants to be made Magistrates by the Mayor. In all this -the people have wondered why the Public Prosecutor did not send the -grafters to jail. - -That in the interest of justice the Grand Jury should be abolished and -the work it does at present given to a Board of Criminal Experts with -enlarged powers. I also affirm that the Grand Jury is no more necessary -to the administration of the criminal law in our day than the feudal -barons of ten centuries ago or that a canal boat should take the place -of our Hudson River steamboats. - -At the present moment the District Attorney stands at the door of the -Grand Jury room. He holds the key and practically controls it. The Grand -Jury spends about two hours a day attending to whatever public business -the District Attorney lays before them. - -In some states any one suspected of a crime may go before the Grand Jury -and present his side of the case. In this state it is not the practice. -In a large number of cases men have been indicted without their -knowledge, and were compelled to fight for their rights in the Courts, -so as to be free from the stain that rested on them. In New York County -if the District Attorney sees fit he may permit a single Policeman or -other person, to go before the Grand Jury and give a one-sided opinion -as to the guilt of some person charged with crime, although he may not -possess one particle of legal evidence. If the Grand Jury were -abolished, a Board of criminal experts could make a thorough -investigation of all charges brought against people, and in all -likelihood would give them an opportunity to be heard in their own -behalf before they were branded as felons. And this is only right. - -Only a few years ago the editor of a small monthly paper in this city -was promptly indicted by the Grand Jury for libel for exposing the -rascality of Insurance grafters, a work which Governor Hughes has since -done legally before the Assembly Investigating Committee. At the time we -mention when the insurance grafters were cut to the heart by the -trenchant articles that exposed their conduct to public scorn, they went -before the Grand Jury and charged this Insurance man with libel. They -were permitted to tell a one-sided story to the Grand Jury, so as to -silence this critic. Of course he was not allowed to make any reply till -after he was brought into Court and branded as a felon. The indictment -was afterwards quashed and he received some damages. - -And this is but a fair sample of how hundreds of men have been ruined by -such unjust methods. In this case the Grand Jury simply did what they -were told to do by the District Attorney, he having been wrongly -informed by the insurance grafters. - - - Board of Criminal Experts - -Under a paid Board of Criminal Experts, sitting daily from 10 a. m. till -5 p. m., and who are there to investigate, sift and go to the bottom of -things generally, the rich and the poor would have a better chance of -receiving justice meted out to them. - -A very common opinion, which is gaining ground every day, and which is -in some respects true, is that big criminals go unpunished, while others -who are lawfully convicted of crime command such influence with the -courts or high political powers that they are able to obtain their -freedom by parole or pardon or get off with a very light sentence. - -Others, after being lawfully convicted, are able to cheat the prison, -provided they have money to fight their case in the higher courts and -thus obtain a new trial which in the end means an acquittal. All this -tends to bring contempt on our courts and occasionally invites the -people to take the law into their own hands. We have too many -indictments to-day and too few convictions. Millions of dollars of the -people’s money are often wasted on cases where there is no chance of -conviction. The courts are cumbered with hundreds of cases of men and -women that should never have been indicted. - -A study of the statistics of convictions in proportion to the number of -arrests and of convictions in proportion to defective indictments which -have to be set aside, and, finally, the proportion of the convicted that -finally go to prison, would prove most interesting. - -When Mr. Jerome became District Attorney of New York County on the first -of January, 1902, there were 640 untried indictments awaiting action at -his hands. During his first four years in office he laid before the -Grand Jury 20,228 complaints, but they granted only 15,937 indictments. -As a result 4,291 complaints were thrown out of Court without any trial. -Then of the 15,937 cases that went to trial, 6,150 were acquitted for -lack of evidence and other technical reasons, making a grand total of -10,641 cases that were nullified by the Courts for want of legal -evidence to convict. - -Of the 9,787 so-called convictions, only about a third were convicted -after a trial, the other defendants accepted pleas to lower offences, -and given that alternative simply because the District Attorney feared -that if they went to trial he would be unable to convict them. - -In the Report of the Chief Clerk of the District Attorney’s Office, -which is brought down to the close of 1908, there is no mention of the -number of indictments secured by the Grand Jury last year, but it must -have been three times the number of the convictions, which was 7,877 and -then we must remember that by far the larger number of convictions were -secured by giving the prisoner a plea to a lesser offence. As a rule -when the Public Prosecutor permits a man to take a lower plea it shows -that the case against him is poor. - -There is no way to ascertain the number of innocent persons indicted, -but if my judgment is correct the total is not small. How could it be -otherwise, when the Grand Jury goes through its business in such a -hurry. It should be observed also that the Grand Jurors themselves are -not competent authorities in criminal law, and when efficiency in the -work of prosecution is measured rather by the total number of persons -indicted than by the percentage of those sent to prison, the weakness of -the system becomes apparent. - -The fault does not lie with the Grand Jury or with the District -Attorney; it is with the system. The Grand Jury simply does as did other -grand juries and the District Attorney does as did his predecessors. - -To show that the Grand Jury as now constituted is unqualified to find -indictments in a large number of crimes, I need only mention three cases -which must have cost the County of New York in the neighborhood of -millions of dollars, which if they had come originally before a Board of -Criminal Experts, certainly never would have gone to trial on the weak -indictments that sent all of the three defendants to the Death House. - -The first was that of Maria Barberi, who was convicted of the murder of -her sweetheart, Dominico Catalonica, July, 1895. - -Catalonica had greatly wronged this woman, and then refused to marry -her. While suffering under great mental excitement, after she found -herself ruined and disgraced, and forever cast aside, she killed him. -Although insane when she committed the deed, she nevertheless was tried -and convicted and sentenced to the Electric Chair, but the Court of -Appeals gave her a new trial. When all the facts came out at the second -trial, she was justly acquitted. - -The second case was that of Roland B. Molineux. He was indicted for the -murder of Mrs. Adams in 1899. A board of trained experts, having two -lawyers and physicians never would have convicted him, as there was no -legal evidence to convict him of such a crime. He was convicted mainly -on the evidence of _paid_ handwriting experts. Doubtless, a hundred -other persons might have been indicted for the same offense. At the -second trial he was acquitted. - -The third case was that of Albert T. Patrick, who was jointly indicted -with Jones for the murder of William M. Rice. This is said to have been -one of the strangest criminal cases that ever was tried in a Court of -Justice. Nothing was done until Jones turned State’s evidence; then he -said that he killed Millionaire Rice at the suggestion of Patrick, with -chloroform. Patrick was convicted of murder in the first degree, and -Jones allowed to go scot free. Since then, nine hundred reputable -physicians have come forward and said in a petition to Governor Higgins -for a pardon that Rice could not have been killed with chloroform. After -being four years in the Death House, the Governor commuted Patrick’s -sentence to life imprisonment. - -If Patrick’s case had been carefully examined by a Board of Criminal -Experts, he never would have been indicted, and the county would have -been saved a vast amount of money, and needless trouble. - -My plan is that a Board of Criminal Experts be organized and assume all -the present powers of the Grand Jury, and in addition, classify all -criminals; this board to consist of five persons—two experienced -lawyers, two physicians or alienists and one business man. These five -men should pass upon criminal matters, and when they find an indictment, -give the proper classification to the accused. - - - How I Would Classify Criminals - -As far as we know, there is no systematic classification of criminals in -any State. For the sake of facilitating the work of the courts and -saving much time, we would recommend the following classification, which -is entirely original, never having seen anything like it before: - -It is under four general heads, viz.: - -(1) The insane, (2) the mental and industrial illiterate, (3) the born -criminal, and (4) the victim of circumstances. I have not used the word -dependent in this classification, as it is too indefinite. An insane -person or a pauper or a cripple may be dependent according to some -classifiers. I prefer to use my own division under the four heads into -which all criminals may readily be placed. - -If this Board of Experts finds that the accused is or was really insane -or mentally unbalanced when the crime was committed, it should recommend -to the Court without delay, so as to save time and expense, that the -person be sent to an asylum or sanitarium for treatment, and kept there -until entirely cured. - -In case the prisoner recovers his sanity, he should be returned and -re-examined by the Board. They have all the records before them, and all -the facts in his case, and after considering them carefully, could -recommend his discharge, or, if they think best, put him on trial. - -Second: If the Board finds that the wrongdoer belongs to the second -class; that he is illiterate and has no trade, or that he is a lazy and -good for nothing idler, preying upon his fellow men for a living, or -that he is tainted with some physical malady, or is suffering from -tubercular trouble, epilepsy, dipsomania, or indeed, any progressive -disorder, then the Board can recommend to the Court that such a one is a -fit subject for Elmira Reformatory, or some other institution of a -similar character, where he will receive mental, moral and industrial -training, besides medical treatment, and be discharged only when cured -of his delusions, and fit afterward to live as an honest and law-abiding -citizen. There are hundreds of industrial and mental illiterates that -pass through our courts every year—young men who never learned a trade, -and can hardly write their own names. The only way to save them from -criminal lives is to educate them, and turn them out of prison when -cured. It is a waste of time and money to send such persons to State -prison or penitentiary, as more than 50 per cent. return again, after a -brief season of liberty, confirmed criminals. Many of our prisons -receive yearly as high as 82 per cent. of first offenders who have no -trade. - -Third: It is a well known fact that more than half our criminal -population are recidivists or backsliders in crime. A great wrong is -committed on the community when we send a criminal away for a definite -period, and afterward turn him loose upon the community. If the offender -is known as a rounder, or habitual criminal, by all means send him to a -prison colony and keep him there for the remainder of his life, or till -cured. Our criminal population grows yearly, and we are compelled to -build new prisons and reformatories, simply because our penalogical -ideas are impracticable, if not archaic. Not only are we making no -progress, but some kinds of crime are alarmingly on the increase. - -I do not regard the habitual criminal as beyond the hope of reformation. -I believe there is a tender chord in his heart that can be touched, if -we go about it in the right way. - -But it is an outrage to turn such a man out of prison or penitentiary, -after a limited term of confinement, without a home to go to, or a place -to work. If they know him, they will not receive him, nor give him -employment. And the police will arrest him on sight as a suspicious -character, and railroad him back to prison. The State should provide -employment, and a home for such a person until he gets on his feet -again, or keep him in jail. - -The fourth and last mentioned in this classification is the criminal of -circumstances. This man may have snatched a pocketbook from the hand of -a lady, or stolen a loaf of bread when his wife was sick at home, and -his children crying for food. Such a person should not be branded as a -criminal. He should be paroled on his good behavior. To send such a -person to prison is simply to make a criminal of him. - -Our State has been in the business of punishing criminals for more than -a hundred years, during which time millions of dollars have been wasted. -Let us try classification, then endeavor to cure criminals or restrain -them till they are fit to associate with the law-abiding people of the -Nation. This is real prison reform. - -I think that such a Board of Criminal Experts as suggested here would -have fewer indictments, but more convictions. And we would need fewer -jails and Courts of Justice. We would save the taxpayers millions of -dollars yearly, but immeasurably more important than all these, we would -come nearer to doing justice to all men, and the rights of the people -would be more justly safeguarded than they are to-day. - - (Since I first recommended the abolition of the Grand Jury in an - article of mine that appeared in the New York Press of March, - 1906, and later in Van Norden’s Magazine, to whom I give due - credit, other reformers have spoken on the same subject, but - have made no mention of the one who first called attention to - the matter, which is manifestly unfair.) - - ------------------------------------------------------------------------- - - - - - CHAPTER XIII - - SCHOOLS OF CRIME - - -Crime, like many of the diseases that afflict the human body, is both -infectious and contagious, and criminal principles can be taught to old -and young as easy as the alphabet or any of the profoundest sciences. - -As the larger part of our population dwell in cities and these cities -are recruited from the immigrants that come to our shores, it is -reasonable to believe that many of them, if not criminals already, come -with criminal instincts, so that the rising generation who are the -offspring of crooks are sure to be criminal. - -According to the present statistics, the United States leads the world -in criminality. Hitherto, Italy and Russia were the leaders, but now the -United States surpasses all others. - -It seems that for every million of inhabitants the United States -furnished 115 _known_ relapsed criminals, Italy 105, Russia 90, England -27, France 19, Germany 18. Not only do we make criminals ourselves, but -we import them through our defective immigration laws. Congress could -partly remedy this evil against a free people by closing our immigration -doors for the next twenty years. But our political party leaders, who -rule the people, are afraid to do this, hence our rapid growth in crime, -partly through immigration. - -As a matter of fact, when crooks get together, no matter what their sex -or age may be, they are sure to brag of their criminal accomplishments, -and escapades. It is in such an atmosphere that crime is taught, and -especially among the young. To a beginner in crime who hears them, all -such utterances are exceedingly interesting, and much of it is sure to -make a deep and lasting impression for evil. As a rule, many criminals -are exceedingly garrulous and talk much, and when they tell a rosy tale -of how to get money or valuables without working for them, the whole -thing seems captivating. Frequently such a story carries a new beginner -in crime off his feet. It is in this manner that our jails, -reformatories and houses of refuge become schools of crime. - -It is the general opinion of the leaders of bench and bar that crime is -carefully and systematically planned and taught in our prisons. The fact -is that more than fifty per cent. of all our first offenders return to -jail a second time, showing clearly that rather than being weaned from -such a life by the imprisonment, many of them are encouraged to continue -it. - -When I have asked boys and young men why they returned to crime a second -time, they informed me that while inmates of different prisons and -reform schools, they learned scientifically how to become pickpockets, -thieves, second-story men, and burglars. That is, they were taught it. - -In some of the prisons which I have visited at different times, such as -Sing Sing, Auburn, and Elmira, the inmates have not the same opportunity -of speaking to each other, as the law is strictly enforced to prevent -such communications. - -But in the City and District Prisons of Greater New York, Blackwell’s -Island Penitenetiary, the House of Refuge, the reformatories and county -jails without number, where old and young crooks are huddled together, -they are permitted to communicate their ideas as they please. My opinion -is that all such places are simply schools of crime. - -My cure for such a condition of affairs is entire isolation, segregation -and classification, and the inculcation of moral and religious teaching. - -The old adage, that prevention is better than cure, is as true to-day as -ever. And yet our law-making bodies and prison authorities seem to -forget all about it in this mad age. Recent statistics show that crime -among young people is alarmingly on the increase, and one of the main -reasons for it is what may be termed “criminal contamination.” But -little or nothing is done to prevent it. - -Charles Dickens in Oliver Twist mentions the case of a crafty old Jew, -named Fagan, who was known to the London police as a “fence,” or -receiver of stolen property. Fagan carried on a business much like that -of a pawnbroker, in advancing money on all the “stuff” or stolen goods -that was brought to him. He had a number of confederates of both sexes -in his employment. They were adepts at the business, and could destroy -the identity of all the stolen property which he purchased daily from -his thievish customers. - -Fagan always kept on hand a dozen of boys, whom he called apprentices. -These with the aid of dummy figures, dressed in male and female attire, -he carefully taught the art of pocket-picking. As soon as they had -learned the business, they were sent out in pairs into the thoroughfares -of London, where they “worked” rich men and women for all they were -worth, and often brought back large quantities of plunder. Fagan was -finally captured “with the goods,” and hanged for his crime. This is the -origin of what is known in criminal parlance as “Faganism.” - -Within twenty-five years “Faganism” has become a profitable business in -the New World. This is especially true of New York, where strong -evidence of “Faganism” is presented in our criminal courts from time to -time. - -The work is done by a gang of greedy, diabolical wretches who teach boys -and girls to pick pockets and when they become experts send them forth -to steal in the street, street cars and large stores. The work is so -carefully and systematically done by our East Side “Fagans” that they -are able to cover their tracks so as to elude detection. It is a -shocking state of affairs to be told by the District Attorney’s -detectives as well as many settlement workers who live among these -people, that many of the police are in league with the “Fagans” and -share their plunder. - -Detective Reardon has made a study of “Faganism” on the East Side the -past few years and has been able to “run down” scores of criminals of -this grade. In about two months Mr. Reardon has been able to make 178 -arrests for pocket-picking, besides breaking up a score of “Fagan -Schools” where boys and girls from ten to seventeen years of age were -taught how to steal. Several well known thieves named Meyer Lewis, -Cockeye Meyer, Joseph Monkey and Fitch who were proved to be “Fagans” -were sent to jail and their business broken up. - -As soon as a “Fagan” is arrested he at once offers the police a big -bribe not to expose him and in some cases it is accepted with the result -that Fagan still remains in business and divides the spoils with the -police. This was the experience of Miss Wold and Detective Reardon who -made a thorough investigation of East Side conditions several months -ago. - -As a rule our modern “Fagans” are very foxy. The boys and girls sent -uptown to the Fifth Avenue stores and thoroughfares are well dressed -while those down town are dressed like school children and frequently -carry a bunch of books in their arms. The New York police will have to -change their tactics entirely else they will never “run down” these -criminals. - -In a great city like New York we must expect such criminal combinations -to defeat the ends of justice by teaching children to steal and then -receive the plunder, but when such persons are caught they should get -the extreme limit of the law and be shown little or no mercy. They are -the worst kind of degenerates. - -Recently four Central Office detectives found a “Fagan” headquarters on -East Third Street in this city, run by a notorious “fence” named “Gaunt” -whom they arrested with four others. The revelations came through a -Tombs prisoner named Herman Doritz who made a sworn statement to the -Court that he, with many others, was taught the art of thieving in Teddy -Gaunt’s School of Crime. There were forty pupils in the school and after -their graduation these lads were scattered over the city in large -stores, where they stole thousands of dollars worth of goods besides -pocket books and jewelry. As soon as the “fence” received the stolen -property he took pains at once to destroy its identity. Then he sent men -out to sell it at half its real value. In this way the boys said he made -big money at the business. - -Now, whenever the police arrest a juvenile criminal they put him through -the “third degree” to see whether or not he was taught in a School of -Crime. This is proper. But the cause of much of this must be laid to our -high living, fevered home life, grasping after the dollar and the lack -of moral training in our homes and schools. - -I have no hesitation in saying that the Boys’ Prison of the Tombs is a -prolific School of Crime! - -What would I do about these things? Well, when love had failed I would -treat the teachers and scholars of our Schools of Crime to a dose of -corporal punishment. But some one says this is degrading. So it is. But -what is more degrading, blighting and damning than crime! Give them -their choice. - - ------------------------------------------------------------------------- - - - - - CHAPTER XIV - - YOUTHFUL DELINQUENTS AND THE CHILDREN’S COURT - - -The dense population of the lower parts of the city, the narrow streets, -the ubiquitous gin mill and the dirty tenements all combine to make New -York the centre of the most accessible temptations—temptations that -swiftly carry ruin and demoralization to hundreds of boys and girls -every year. - -Perhaps it is not generally known that some of the toughest and most -daring of our present-day criminals began their downward career at a -tender age. There is something blushingly heroic in crime—made so by the -dime novel, which the boy of the tenement reads and then emulates by -personal example. - -It would be most difficult to assign a reason that would explain all the -conditions that have led young people into crime, but we are sure that -vicious and intemperate homes, biting poverty and the godless companions -of the streets have had much to do with the criminal records made by -this class during the past quarter of a century. - -When we think of the multiplication of evil resorts, such as the -saloons, play houses, bawdy houses, gambling hells, policy shops and -other places that harbor young lads for drinking and carousing purposes, -my only wonder is that so few go astray. - -These temptations to crime which are presented in every form to the -youth of a modern city are altogether unknown in rural settlements and -country villages. - -[Illustration: - - A Scene in the Children’s Court, corner of Eleventh Street and Third - Avenue.] - -We are glad to say that only a very small number of the child criminals -are girls. And the reason for their downfall in almost every case is due -to bad homes and profligate parents. - -One of the things that impress the visitor to the Tombs prison is the -large number of poverty struck faces he meets, the sallow complexions, -the sunken cheeks, hectic cough, the glassy eyes and stooping frames, -all indicating that the young manhood has been harshly dealt with. Some -of these boys are so diminutive, that they look as if they were only ten -or twelve years of age, when in reality they are sixteen or eighteen. - -Here is a sample conversation with a small boy: - -“Hello Johnny, how are you to-day?” - -He replies, “I ain’t doing well.” - -“What brought you here?” He hangs his head and gives no answer. - -“How old are you?” “I ain’t only sixteen.” - -“Are your parents living?” “Mother has been dead since I was six years -old. But pa, he is living. He gets drunk so often that me runs away from -home.” “But how did you get here?” “Oh, when I was hungry I stole money -to buy food.” - -This will account in some measure for the boy’s fall. Think of it—a boy -without a mother in a large city like New York! After I had made an -investigation I found out that his father was an idler and dissipated -and took no interest in his family, and the boy has been under no -religious influence since his mother died. Poor boy! His only playground -was the street with the denizens of the tenements as his associates, and -most of them evil. He hated his home and was glad to get away from it, -because there he learned to drink, carouse and curse like his father. -That home to him was pandemonium! No wonder he was a thief and in -prison. - -A great many children of the tenements learn to drink beer when very -young. They are sent by their parents to the saloon with the “growler” -and are sure to drink the beer out of the pail before they return home. -Although it is illegal to sell to children of this age, saloon keepers -take chances for the money. Thus the child forms an appetite for strong -drink and is preparing to be a drunkard or a prostitute. - -One day I found a chubby, honest-faced German boy behind the bars. He -came alone from the Fatherland when he was twelve years of age. An -uncle, a farmer in a Western state, awaited his arrival and took him to -his new home. Here he made him work like a slave, giving him no -opportunity for either secular or religious education. Herman stood it a -few years, then ran away. He worked his way East by stealing rides on -freight trains. He would have died of starvation on the way had not the -train hands to whom he told his tale of adventure taken pity on him and -generously shared their food with him and smuggled him over the -different roads till he got to New York. Here he wandered around the -city looking for work, but found none. Unfortunately he was found one -night in company with two young thieves and was arrested on suspicion. -He lay in prison several weeks. After a thorough investigation we were -able to show that he was an honest boy. Before going out, I gave him a -note to a Y. M. C. A. worker, who gave him some clothing and food and -lodging for two weeks, and then secured for him a position. Some months -afterwards I found Herman in a mission settlement as one of the workers. -He was clean and neatly dressed. What a transformation from the dirty, -ragged condition he was in when in prison! - -The large foreign population of New York and the dense ignorance of -those who come from some of the countries of Europe is constantly in -evidence in the criminal courts. As near as we can estimate, for we have -no accurate information on the subject, about one-half the number of -persons arrested in this city every year are either foreign by birth or -parentage. - - - The Children’s Court - -The Children’s Court for the trial of juvenile offenders of both sexes -under sixteen years of age was opened for business in this city -September, 1902. The law organizing this branch of the judiciary was -passed by the Legislature the preceding winter. The building where this -Court is conducted is situated at the corner of Eleventh Street and -Third Avenue. - -Five days in the week from 10 a. m. till 2 p. m., children of all -colors, creeds and nationalities are brought here in charge of the -officers of the Society for the Prevention of Cruelty to Children—better -known as the Gerry Society. They are the custodians of all children from -seven to sixteen years of age under arrest for crime. The Penal Code -declares that children under seven years of age are incapable of -committing a crime and are therefore exempt from the operation of this -law. - - - The Origin of the Children’s Court - -For several years the Howard Association, of London, England, has been -advocating the establishment of Children’s Courts in that city for -youthful offenders, but for a long time nothing came of it, as the -English mind is slow to act on all such innovations, especially in a -case like this, where the law which has stood for hundreds of years has -to be changed. The same Association has also recommended the appointment -of special magistrates to deal with truant children and their parents. -But juvenile courts and probation officers have been in operation in -Massachusetts for nearly a dozen years, longer indeed than in any other -state in the Union, and with marked success. In Chicago the Children’s -Court has been in existence since 1901, Milwaukee 1901, Philadelphia -1901, St. Louis 1901, and Washington, D. C., 1901. There has also been a -Court for child offenders in Buffalo, N. Y., since 1901. By an agreement -between the magistrates and the Children’s Society Judge Murphy has -given two afternoons a week to the trial of juvenile offenders, making a -court house out of one of the Society rooms. - -The following year the Children’s Court was opened in New York, and then -only as an experiment, as few persons were found ready to believe that -it had a future. Indeed, many members of the bar discouraged its advent -and thought it a foolish and expensive institution. At best, this Court -was only a venture in the line of trial experiences, but before many -months had passed everybody competent to judge pronounced it an -unqualified success. - -During the first year of its existence no less than 7,447 youthful -offenders were before it, for nearly every crime on the calendar except -homicide. While this Court is in business, the visitor who is present, -is impressed with the quite orderly behaviour of all present and the -kind and humane treatment of the attendants toward the children. - -The Special Sessions judges, who sit on the bench by rotation, take a -deep interest in the young offenders and as each case comes along tries -hard to straighten out the domestic “tangles” which are so common where -parents and children get mixed in their testimony. It is gratifying to -know that this city does not furnish a large number of the “Wild West” -boy toughs and fewer still of the Jesse Pomeroy class of criminals. -While it is true that a large number are untruthful, depraved and devoid -of moral sense, yet they are not beyond the reach of kindness and good -treatment. - -Crime among the children of the poor is largely the result of social -conditions. Bad homes, negligent and intemperate parents, sickness and -poverty will account for most of it. And the fact that we have not ten -times more juvenile offenders than are on record is owing to missions, -chapels and Sunday Schools scattered all over the city. - -Almost every session of the Court is full of pathetic scenes and -experiences where mothers and children shed many tears. The object of -the Judge is to find out the truth in each case, and in this he often -spends hours of patient labor. - -After a thorough investigation we take it for granted that a child is -found guilty. The ruling motto of the Court is to deal leniently with a -first offender. If he has a good home and parents who will care for him -he is paroled, but if his home is of a vicious character he is sent to -an institution where he will be cared for and learn a trade. The main -object of the Court is to save the child from a degrading home influence -and put him in a place where he can work out his own salvation either on -a farm or in an institution. - -Some of the cases brought before this Court are as follows. We refrain -from giving real names. - -John Smith, who lives on Avenue A near Tenth Street, is said to be an -incorrigible; he is only twelve years old; he is the terror of the -neighborhood; he stays out late at night, commits petty depredations on -the small traders and otherwise annoys the people of the Avenue. After -the Judge inquired into the merits of the case he finds that the boy is -bad and that both parents are in the habit of getting drunk. The Judge -finally decides to send the boy either to the farm of the Children’s Aid -Society in Westchester County or to the Juvenile Asylum where he can -learn a trade. - -Aside from the judicial interest manifested throughout the proceedings, -Mercy weeps tears of sorrow over the wayward boys and girls and nothing -but kind words are expressed regarding them and every one seeks to do -them good. - -In former years the work done by this Court was carried on in the most -humane manner by the Children’s Aid Society under the direction of -Charles Loring Brace and, since his death, by Charles L. and Robert -Brace, his worthy sons. The Children’s Aid Society has done more toward -saving the children of the slums the past fifty years than all other -humanitarian organizations combined. - -The following lines by Philo S. Child will in a measure express why -children commit crime in this great city: - - “Alone in the dreary, pitiless street, - With my torn old clothes and my bare cold feet, - All day I have wandered to and fro, - Hungry and shivering and nowhere to go; - The night coming on, in darkness and dread, - And the chill blast beating upon my head; - Oh, why does the wind blow upon me so wild, - Is it because I am nobody’s child?” - - ------------------------------------------------------------------------- - - - - - CHAPTER XV - -THE ROD AS A REFORMATIVE AGENT IN THE EDUCATION OF YOUTHFUL LAW BREAKERS - - -A recent ruling of one of our city judges, after reprimanding two lads -brought before him for a trivial offence, decided that they should be -birched in “the good old way” prescribed by King Solomon, and he further -declared that children brought before him in future may be punished by -public school teachers just the same as they would be by their own -parents, and he bases his ruling on Section 713 of the Penal Code, which -reads as follows: - - “When a person under the age of sixteen years is convicted of a - crime, he may, in the discretion of the court, instead of being - sentenced to a fine or imprisonment, be placed in charge of any - suitable person or institution willing to receive him, and may - be kept there until reaching his majority, or for a shorter - term, subjected to such discipline and control of the person or - institution receiving him as a parent or guardian may lawfully - exercise over a minor.” - -For several years some of our best American prison reformers have been -in favor of the restoration of a mild infliction of corporal punishment -in reformatories and other institutions where juvenile delinquents are -kept. Indeed, after ten years of experience as Chaplain, I am satisfied -that a sound birching would be a godsend to many a New York boy in the -early stages of crime, and in a large number of cases might possibly -cure him of his foolish delusions. - -As many persons consider the phrase “corporal punishment” offensive, I -am willing to accept ex-Superintendent Brockway’s suggestion, and call -it “corporal treatment.” And I am inclined to believe that the word -“treatment” would not militate against it as much as “punishment.” - -“The object of punishment,” says Horace Mann, “is the prevention of -evil.” If corporal punishment does not inspire our youth to do good -works, it certainly in many cases deters them from doing evil ones. - -It is interesting to know that four-fifths of all the school teachers -and principals of Greater New York are in favor of the revival of -corporal punishment for bad boys and have petitioned the Board of -Education for its restoration. When this matter came before the Board a -few months ago it was lost by only three votes, but it will come up -again—and may possibly become a law next time. - -A large number of our school principals and teachers of wide experience -believe that something ought to be done to the boy who calls a teacher a -vile name and wilfully despises his superiors, besides turning him out -of school as an incorrigible. By that one act the Principal who is -unable to punish him for his bad conduct simply puts him on the street -to begin a criminal life. The only thing a bad boy fears is a spanking. -And as there is no discipline in thousands of homes, the Principals of -our City Schools in their appeal for the restoration of the rod, affirm -that used under certain restrictions it would save yearly a very large -number of our youths from moral shipwreck. - -Z. R. Brockway while Superintendent of Elmira Reformatory frequently -spanked unruly young men, but then only as a last resort. Personally I -am opposed to the use of the lash in State prisons as entirely -antiquated and out of place where the appeal should be to reason and the -higher nature of man. But in dealing with malicious, disobedient and -incorrigible boys it is different. They will not listen to reason and -perhaps pay no attention to your warnings and will rush into crime like -a horse to battle unless they fear the rod. I believe when a boy under -sixteen years of age commits a crime, if he were taken aside and given a -sound birching, as is the custom in many English and German towns, it -would be vastly more beneficial and would make a deeper impression on -him than sending him to prison to be the associate of thieves and -pickpockets. - -An English town clerk in a borough of 12,000 people writes, “It has been -our rule for more than forty years, not to permit a boy or girl to go -from our town hall to prison. The substitute, at least for boys, is a -birching. In case of repetition of the offence another birching is -given, and in one instance three whippings were given within a few days. -The result is we have not a juvenile thief in town. Thieving is -unpopular with boys who do not wish to be birched. But were it not for -the birching which is very painful, many of them would not mind to be -heroes in a prison or reformatory.” - -In considering the right of parents to inflict corporal punishment on -their children, the common law as interpreted by the best jurists -sanctions it. There is no revenge whatever in the act—it is entirely -eliminated. In a large number of cases it is a matter of absolute -necessity. Although parental government preceded civil government, it is -no less coercive and often force must be used in the home to carry out -the will of the parents. Again, the parent is recognized as the natural -custodian of the child and is accountable to God and society for his -upbringing. Nor should we overlook the importance of inflicting corporal -punishment on youthful wrongdoers as a deterrent to commit other -offences. Punishment in itself is of divine origin and its application -has become well nigh universal and is likely to be continued in the -family till the end of time, and is also supported by Holy Writ. “He -that spareth the rod,” says Solomon, “hateth his son.” “Chasten thy son -while there is hope, and let not thy soul spare for his crying.” “The -rod and reproof give wisdom, but a child left to himself bringeth his -mother to shame.” - -During the past decade crime has increased among the youth of the -city—at least fifty per cent. - -The cause of all this is found in the criminal and lawless homes and the -foolish prejudice that is abroad against the corporal punishment of -minors. Every year hundreds of boys from sixteen to twenty years old are -locked up in the Tombs for several weeks and afterwards sent to the -House of Refuge and Elmira Reformatory where they can be detained all -the way from one to twenty years, but they care not for such detention. -In fact, when you speak to them of prison life they wear a bravado that -is astonishing. But the moment you birch them for their wilful and -disobedient conduct these young men quail and promise to do better. - -There is so much foolish and unreasonable leniency exercised by -magistrates and judges when small boys are before them, that many people -begin to feel that parole without some kind of corporal punishment is a -mockery and a farce. Only recently a city paper took a Special Session -Judge to task for paroling some malicious boys who had committed -vandalism in Central Park. There was no punishment in the sentence. -Nothing to impress them with the majesty of the law. If these boys had -been well spanked till they promised never to do the like again, the -paroling would be all right, but not otherwise. - -If it is degrading to punish boys for wrong doing, then the best men now -living were punished in their youth. And many of the men now believe -that it saved them from criminal lives. Foolish sentimentalists tell us -that it is degrading to spank or birch a boy, but what is more degrading -and damning than crime? - -A well known Probation Officer of large experience in the city of -Brooklyn, gave me to understand that if he had his way he would erect in -every Police Station a whipping post where he would treat to a sound -birching, _a la Solomon_, all the young hoodlums, thieves and law -breakers that come before the courts. Most of these young men come from -bad homes where they had no training whatever, and where their -weak-minded or indulgent parents permitted them to violate the laws of -God and men daily. If these young ruffians refuse to keep out of crime -or be at home at night by 9:30 o’clock, let them have another dose of -the strap, says this Probation Officer and keep it up till they come to -their senses! - -As soon as they promised faithfully “Never to do it again” I would give -them a chance. A good spanking is far better for an unruly boy that -breaks the law than sending him to a prison. - -If young children are taken from homes and placed in reformative -institutions, why should corporal punishment cease when it is vastly -more humane than cellular confinement, deprivation of food or what is -commonly called “cuffing,” which simply means to be hung up by the -wrists to a cell door sometimes for twelve hours at a time. All of which -I characterize as extremely brutal. And this is done in many of our -reformatories. - -At the annual meeting of the National Prison Association in Hartford, -Conn., a few years ago the question of corporal punishment in our -prisons was thoroughly discussed. Clarence B. Hoyt, Warden of the -Colorado State Penitentiary, said that the feeling against corporal -punishment was one of mere sentimentality, and advocated the use of -paddles for spanking unruly prisoners and also the employment of an -electric paddle to secure impartiality and prevent either partial -indulgence or prejudiced severity. The warden produced a new version of -an old proverb, “Spare the paddle and spoil the con.” - -It is worthy of note that the whipping post in Delaware has had an -astonishing influence over human brutes in that commonwealth and as an -expeller of criminals from the State, surpasses any form of punishment -known. All classes, with only few exceptions, are in favor of its -maintenance; and even Chief Justice Lore, naturally of a sympathetic -temperament, has been so convinced of its value as to commend it -heartily and favor its retention. - -Henry M. Boise, prison reformer and author, says: “There are found in -reformatories, as well as in all other prisons, those who are so -entirely devoid of mental and moral sensibility when committed, as to be -beyond the reach of any incentive or punishment except physical pain. -Their nature is but little above the animal. For such persons, the -general experience of wardens of prisons, after trial of bread and water -in dungeons, deprivation of all privileges, showers of water, tying up -in a standing position, and other ingenious methods of inflicting pain -and discomfort humanely, has been found a spanking with a piece of sole -leather, softened by soaking in water, the most effective, immediate, -certain and humane punishment.” - - ------------------------------------------------------------------------- - - - - - CHAPTER XVI - - CRIME AMONG WOMEN - - (1) The Social Evil in New York - - -The two great causes of crime among girls and women in general are -immorality and strong drink. Many others might be enumerated, but that -would be entirely unnecessary. Nor is it too much to say that social -vice has attained the proportions of a plague in this and many other of -our American cities, and thousands of girls, native as well as foreign, -whose lives were once promising and full of hope, have been blasted and -blighted by this terrible evil. - -In a great city like New York there is a reason why this great evil -meets us on all the thoroughfares. Within a few miles of Manhattan -Island may be found naval and military depots, where large numbers of -unmarried men congregate. Added to this we must count the men employed -in the shipping interests, as New York is perhaps the greatest -sea-faring town on the continent, and besides the many thousands of -immigrants that come here every year, and, last of all, the yearly -arrival of twenty to thirty thousand young men and women from rural -homes, seeking employment in the great city. - -But the causes of prostitution or social vice are varied. In the fall of -the year large numbers of young girls come to the city in search of -employment. This is often the most trying period in their lives. If they -happen to find work, all is well; but if not or even after they have -been thrown out of employment, or when pinched for money to buy dress or -pay living expenses, they go out on the street, it means their ruin. The -temptations in the way of friendless girls in a great city are so -numerous that unless they are surrounded and even fortified by moral and -religious influences, they readily succumb to the forces of evil within -six months after their arrival. I have been informed on good authority -that certain men are continually on the lookout for such girls, and -after the first or second introduction, use a ticket to the playhouse -and a late supper, or a piece of money or jewelry to bring about their -ruin. Men who have finally landed in prison have boasted of having -seduced ten to twenty such girls within a few years. - -The modest amount of salary that ordinary girls receive in wages does -not admit of their saving anything for a dull season. As a result -hundreds of girls yield readily to evil influences and are soon borne -down the swift currents of temptation into shame and ruin; and when they -find themselves shunned by old friends, many of them end their days by -suicide. - -In the Tombs and district prisons may be seen almost daily large numbers -of women who have been taken from the street or from “dives” and other -dens of iniquity after the police have raided such places. After a few -years the prostitute becomes a repulsive, degraded and besotted specimen -of humanity and sometimes a hardened criminal. Nemesis follows the -unfortunate and unhappy female till she ends her days in the Potter’s -Field. It is indeed sad to chronicle these things, but they are -nevertheless true. - -We must not forget that women are naturally of a finer temperament than -men, and are therefore more susceptible to the influences of the evil -one. Young girls seem kinder, more gentle, more accessible to appeals -made by the sterner sex, and as a rule, are more easily caught in the -“traps” set for them by human degenerates. Some women love dress and -jewelry passionately. And many of them will do anything to secure them. -If they are employed in stores, offices or factories, and they appeal to -the foreman for an increase of wages, he may inform them that Miss -So-and-So gets along on the same salary, but he offers to introduce them -to male friends, who will aid them financially, but who often prove to -be their ruin. - - - The Cadet System - -In police parlance the “Cadet system” is the application of modern -methods in fostering and promoting the work of a procurer who secures -victims for the brothel. The system goes back to the days of Greek and -Roman degeneracy. But we are dealing at the present time, not with -European or even Asiatic conditions, but with New York at the beginning -of the twentieth century. - -How the term “Cadet” originated is hard to tell, as there seems to be no -connection between a young man who is being educated for the military -service and the man who provides for the sensual gratification of the -abandoned herd. - -The most guarded estimate of the number of prostitutions in Greater New -York is put down at 70,000, yet there is no accurate information on the -subject. - -It is the opinion of good authorities that the Raines Law has done more -to make the life of the prostitute and her male sensualist respectable -in New York than any other ten causes. A large number of the saloons -that go under that name are classed by keen observers as brothels of the -worst kind. The Raines-Law-saloon-hotel gives a cloak of -quasi-respectability to the brothel and makes prostitution attractive -and profitable, and the rumseller for a small fee condones the crime -against the sexes. - -Frequently the city Cadet goes into another state, like Pennsylvania or -Maryland, and advertising in some local paper for girls to work in a -hotel or factory, he offers good wages and is willing to pay all -expenses to the city. The result is that he has a dozen applications out -of which he selects five or six of the most attractive ones. After he -reaches the city, they are turned over to human devils and afterwards -sold to brothel keepers at prices varying from $100 to $200 each. - -New York has still a large number of these disorderly houses which -contain from five to twenty girls. The proprietors call them boarding -houses, but their right name is brothel. Under cover of night these -women go out on the street and when they find a victim, take him to the -brothel where he is robbed and then kicked on the sidewalk. - -A few years ago the city “Cadet” became so bold in his business that the -Legislature increased the penalty attached to the crime of abduction by -making it ten years instead of five in state prison and a thousand -dollars fine. Respectable girls between the ages of fifteen and twenty -were often induced to leave home and come to New York from rural -settlements, only to find on their arrival that they were grossly -deceived by these lying scoundrels. - -Some time ago Annie Bolt, a Brooklyn girl, was rescued from a wretched -den on East Thirteenth Street, Manhattan, by Brooklyn officers. The girl -had been lured from her home weeks before, by a young man who gave his -name as Abe Krinkoe. He gave her to understand that he was taking her to -a braid factory in New York. Krinkoe was afterwards arrested and -indicted on a charge of abduction. - -Once in this house of prostitution, Annie’s clothing was taken away, and -she was told that if she attempted to escape she would be killed. She -managed, however, to drop a letter to the sidewalk, addressed to her -mother, telling of her plight. Some one picked it up and mailed it and -her rescue followed. - -Not long since a woman who labors among these unfortunates on the West -Side informed me that one night she counted no less than thirty-six -girls taken to a large brown stone house in a fashionable part of the -city by a few procurers or cadets. When they crossed the threshold of -that house, they were actually sold into slavery. Their clothes was -taken from them and they were kept indoors and almost nude for a whole -year. Afterwards they were turned loose in the cold blasts of winter to -make room for others, such as they were once, pure girls. - -The only way to rid the city of prostitution is to make it a criminal -offence for both male and female and cease condoning it as a human -infirmity! - -In a short time these poor creatures are themselves abandoned, deserted, -avoided, and even loathed by those who once held them in high -estimation, and as they are unknown and friendless in the great city, -they have no alternative left but to become the instruments of -immorality to others or die in despair. - -After a few years, if these girls are not sent to Auburn prison for a -long term, they become Police Court habitues. They are frequently -arrested for intoxication, disorderly conduct or soliciting on the -street. When they come to the Tombs they present a shocking -appearance—with bleared eyes, bloated face, disheveled hair and soiled -clothing—having lost the sense of womanly shame. - -I have often spoken to them—always kindly—and have seen the tears start -in their eyes as I have asked after their mothers. They appear callous -on every other subject, but here I have always touched a tender chord. -Many of these girls have informed me that they are in the business for -the money and the dress that are in it; and they do not want to reform. - -In the corridor of the Women’s prison at the Tombs they talk and often -fight among themselves. How shocking their obscenity, oaths, -imprecations—the very language of hell. Some of these women have been in -prison for short terms as often as fifty or a hundred times. Many -prostitutes are frequently arrested for robbery, but as a rule escape, -as the degenerate complainant seldom appears against them. They swing -with pendulum regularity from a brief imprisonment to liberty, till they -end their days as a river suicide. - -More than once I have gone through Chinatown at midnight in company with -a ward detective where I could see for myself, under the glare of the -electric light, some of the frightful aspects of prostitution. - -There is said to be from one thousand to five thousand Celestials in -Chinatown. Nearly every one has a white girl with whom he lives. - -They occupy from one to three small rooms, but many of them have only -one room where they live, eat and sleep. The girls who live with -Chinamen seem to have a terrible fascination for such a life, for no -matter how often the police raid the place and send them to prison, they -are soon back again at the old life. - -Many of these girls come from respectable families, as I know from -investigations which I have personally made. After a couple of years of -such life, the Chinaman abandons his paramour and flees to parts -unknown. It is most difficult to locate a Chinaman as it is impossible -to identify him. When he returns again it is with a new—fresh—girl as a -mistress. The abandoned one after a few days takes to the street, or -swallows carbolic acid. - -Two sisters, once known as respectable girls, but who always refused to -disclose their identity, informed a friend of mine that their father was -a country preacher. They lived with Chinamen for several years. I knew -another girl who ran away from a respectable Brooklyn home to lead an -immoral life with a Chinaman. Nor is this at all uncommon. Whatever -fascination there is about it, it invariably ends in disgrace, and -finally in the dark waters of the river or Potter’s Field. - -Recently Police Captain Galvin, who was appointed to the command of the -Elizabeth Street Station, which is known in Police parlance as the -“Bloody Sixth,” by Commissioner Bingham, has driven out of Chinatown -between two and three hundred white girls, the mistresses of Chinamen. -This is a feat performed by no other policeman in the history of the -“Bloody Sixth.” - - - (2) The Women of The Tombs - -Naturally women do not figure in crime as much as men, and for various -reasons. - -In the first place women are more domesticated, work in the interests of -the home where they fight life’s battles, are more gentle, artless and -persuasive in their methods than the sterner sex. - -During the past quarter of a century New York has furnished a large -number of murderesses, fences, thieves and women of the street, among -her criminal classes. - -Last year the police arrested no less than 15,000 women of a dozen -nationalities for almost every crime. Only a very small number were for -heinous offences. - -One of the most noted female crooks that New York has known was Mother -Mandelbaum. The annals of crime do not furnish such a woman as this in -her particular line. - -Her home was on Clinton Street on the East Side of the city. In police -parlance Mrs. Mandelbaum was known as a “fence” or receiver of stolen -property. In a few years she became very rich. In 1878-9 she had -business relations with thieves, pickpockets and shoplifters all over -the United States, Canada and Mexico and many parts of Europe. So great -was her trade with criminals that she hired all the cellars in the block -where she lived for storing her goods. She retained one of the best -criminal lawyers of the city to defend criminals and paid him $5,000 a -year. She was considered highly respected on the East Side and was a -generous contributor to all charities! She was also known as a banker, -broker and bondsman, and when men were sent to prison she was known to -support their families till they came out. - -She was very shrewd in business matters. The police had suspected her of -being a “fence” for several years, but were unable to secure the -necessary evidence that would indict her. - -It was said that several times before a raid on her premises, some -person high up in the police department would “tip her off.” In 1884 -Lizzie Higgins, a notorious shoplifter, was sent to the penitentiary for -five years. Mrs. Mandelbaum had been receiving Lizzie’s stolen property -and had become rich on her plunder. - -But this time she felt “sore” toward her old friend because she had not -furnished her a good lawyer. When Lizzie found out that Mother -Mandelbaum would do nothing more for her she “squealed” to the police. -She told where could be found the remains of a great silk robbery that -took place a few months previously. When this became known Mrs. -Mandelbaum fled to Canada, where she lived in obscurity till her death, -which took place a few years ago. - -Another female criminal well known in New York was big Bertha, the -Confidence Queen. She was well educated, had a smart appearance and -engaging manners. She usually traveled between New York and Chicago in -big style. In New York she stayed at the best hotels, such as the -Windsor, Brunswick and Hoffman House. In Chicago she put up at the -Palmer House. - -On one occasion she told such a smooth story to a palace car conductor -that he turned over to her his entire earnings, a thousand dollars. Her -happy hunting ground, however, was Wall Street, where she had been able -to persuade bankers and brokers to advance her hundreds of thousands of -dollars on fictitious securities. - -The last time she was on Wall Street she deceived one of the shrewdest -brokers and has since disappeared from history. - -In the fall of 1898 Mrs. F. M., a woman noted for her beauty and charm -of manner, and said to be a belle of old Kentucky, spent many weeks in -the Tombs. She and her husband were charged with attempting to blackmail -a Broadway hotel keeper. Mrs. M. was known as a most refined and -accomplished woman and well educated. As she came from a Southern family -of respectability, many people interested themselves in her behalf. - -Her husband, however, charged with the same crime, was convicted -speedily and sent to prison for nineteen years. It seems to be an -impossible task nowadays to convict a woman of crime, provided she has -plenty of money and can secure the services of a good lawyer who can -play on the “feelings” of the jury. In nearly every case judge and jury -are more lenient and extend more mercy to them. - -Another woman who received a good deal of notoriety in those days was a -Mrs. V——, who hailed from Philadelphia. She was charged with passing -forged checks. She was ably defended on both trials. On her last trial -her accomplishments counted for a good deal. She had winning ways about -her, was well dressed, and to secure sympathy could drop a tear at the -proper time. During the few weeks they were in the Tombs Mrs. M—— and -Mrs. V—— spent most of their time on the tier or in the -corridor—refusing to mix with the other (naughty) female prisoners or to -have any dealings with them whatever. Their meals were sent to them from -without and with the select company which they received daily were -seldom lonely or disconsolate. - -The case of Miss Fanny T——, who spent several months in the Tombs during -the summer of 1903, is indeed sad and should be a warning to all young -girls who at first are admired for their beauty, then betrayed, seduced -and cast off by the so-called manly sex and finally disgraced. - -She was confidential clerk in a large corporation. Finally she was -charged with stealing $37,000 belonging to the firm. This she stoutly -denied and showed that it was a conspiracy to save certain men in the -office who were the guilty ones. - -Several male scoundrels made her sign checks, cash them and turn the -money over to them. As she had nothing to show for the money she gave -them, she was found guilty and sent to Auburn Prison for several years. -What mean cowards! To put a poor woman into such a trap and then gloat -over her downfall! - -Mabel P—— is another woman of this class. She is what the world calls -“smart” and is educated to a certain extent but not cultured. She was -brought up in a convent in this state, but left it to become the wife of -her present husband, who is a graduate of Elmira Reformatory. She is -said to be an expert forger and is able to imitate any handwriting. This -was proved at her two trials by a Central Office detective who got into -her graces by representing that he was a “pal” of her husband who was -then in the Tombs. - -These are the best representatives of their class and are remarkable for -their adroitness and power to ingratiate themselves into the affections -of matrons and missionaries. Mabel is also a habitue of the Tenderloin, -where she knows all the resorts, in which she has been a frequent -visitor for the past two years. She has refused positively to leave her -husband or to abandon her evil life. - -But the most dangerous of all women are the panel thieves. They go in -pairs—male and female—two of a kind. The Courts are very severe on such -people, and give them all the law allows. - -The woman who attends strictly to the panel or badger business must have -a male side partner, she doing the decoy work before her make-believe -husband appears as offended innocence. - -Such people seem to be very successful, as they have many victims who -meekly submit to their losses rather than “howl” or expose themselves in -a Police Court. The panel woman still walks Broadway and Fifth Avenue as -a “decoy,” dressed in the fashions of the day, in search of “suckers,” -and it is needless to say she finds many of them. - -She is great on alluring the unsophisticated—especially rich young men. -She has silks and satins, laces, brocades and fine jewelry, which are -sure to attract. And after she has captured one and secured the “booty” -she goes out the next night with greater boldness than ever. - -Another woman that more recently obtained a national reputation while in -the Tombs was Miss P——. She was charged with the murder of a -“book-maker” and all round sporting man. The deed was done in a cab -while he was on his way to the steamer that was to take him to Europe. -This woman had three trials. The first proved to be a mistrial as one of -the jurors became ill and was unable to hear the rest of the testimony. -After the second trial, in which the jury disagreed, Nan became a -“heroine.” Friends and admirers everywhere sent her baskets of flowers, -candies and frequently a hundred letters a day. Many of them, it is -said, contained offers of marriage, but whether made seriously or not, -no one knows. The prison authorities permitted her to receive the -letters but the candies and flowers were confiscated. The third trial -also proved to be a disagreement, after which she was discharged on her -own recognizance. Since then she went on the stage, but did not have the -same success as when she was a Florodora girl. - - - (3) The Modern Shoplifter - -The modern shoplifter is usually a well-to-do, dressy woman of the -middle class, all the way from twenty to forty years of age. She visits -the large stores like a bold footpad in search of plunder. When the -opportunity presents itself she steals all she can lay her hands on -without being detected, then sneaks away unobserved. - -Nearly all of our large dry goods and department stores offer her -unusual opportunities for stealing, provided she is well dressed and -knows her business. The counters of these establishments are lavish with -all kinds of jewelry, laces, gloves and knick-knacks of various kinds -and values. During the holidays there are dazzling arrays of silks, -satins and velvets of all the colors of the rainbow from which the -shoplifter can make satisfactory selections. And best of all, these -stores are so thronged from morning till night, that these petty thieves -are able to secrete dozens of small articles on their persons without -being detected. - -Shoplifters as a rule ply their business only in stores that are -crowded, where they can steal unobserved and afterwards get away with -the plunder. These people as a rule are bold, daring depredators who -will scruple at nothing. The most dangerous of this class are so -slippery that they seldom get caught, but when discovered and their -rooms are searched, the police find a wagon load of stolen property, the -accumulation of years of thievery. - -Their work is systematic, and carefully planned, and as a rule they are -able to successfully carry off the goods and get rich on them. When they -go out to steal, these women have pockets in their clothing sufficiently -large enough to carry away a big haul. On this account all the principal -stores are compelled to employ male and female detectives to watch these -thieves and arrest them in the act. Many of this class of thieves do not -belong to New York. They straggle in from Long Island, Jersey and small -towns on the Hudson. - -The Christmas holidays are the great harvest for shoplifters and petty -thieves. A gang of four expensively dressed shoplifters have been known -to get away with thousands of dollars worth of furs, silk waists and -laces in a season. - -Scores of these women are arrested during the year who refuse to -disclose their identity and many of them are sent to jail for short -terms. - -A shoplifter of experience was arrested not long since in a Sixth avenue -department store. She was about thirty years of age and well dressed. -When searched in the Tenderloin Station House, forty-one articles were -found in her umbrella, ranging in value from eighteen cents to three -dollars; according to the marks on the articles the shoplifter must have -visited four different stores on the Avenue. Among the things found in -the umbrella were belts, collars, pins, garters, laces, handkerchiefs, -pocket books, pencils, combs, brushes, lockets, buttons and several -bottles of cologne. - -The shoplifters are seldom prosecuted to the full extent of the law, as -friends intercede in their behalf, reimburse the storekeepers for their -losses, after which they are let go. If the shoplifters are rich they -are called kleptomaniacs, but if they are poor and friendless they are -classed as thieves and have to go to jail. - -A gentleman in one of the large stores told me that they sometimes lose -as much as a thousand dollars a week by shoplifters and employes. - -When the expert shoplifters come to the Tombs they weep and lament at a -great rate. They weep because they have been caught “red-handed with the -goods on,” and not because they feel sorry for their crime. They are -really crocodile tears shed for the sake of securing sympathy! - - ------------------------------------------------------------------------- - - - - - CHAPTER XVII - - THE STEAL OR STARVE UNFORTUNATES - - -Many of our most recent sociological writers commenting on some of the -causes of crime, omit all mention of poverty. They speak of heredity, -environment, intemperance, and many other things, but of poverty they -say nothing whatever. Even Henry George in his book on Progress and -Poverty is silent on the latter subject as one of the great producing -causes of crime. Any one who carefully studies the relation between -poverty and crime will see that these two in many cases are vitally -connected. - -It is not necessary in this discussion to enter into all the -ramifications of the subject. Indeed nothing would be gained by doing -so. In the present instance we simply wish to present to our readers a -few cases which will go to show that the question of “bread and butter” -is one of paramount importance to the average man. And we shall endeavor -to show that poverty is one of the most potent causes of crime in our -day, especially in our large cities. - -The London police authorities have always maintained, and are able to -prove by statistics, that when the bakers raise the price of bread only -one-half a cent, it means an increase of crime to the extent of ten per -cent. And for the reason that so many of the poorer classes are so -pinched by poverty, that when the price of food is raised it means to -many of them starve or steal. - -It is foolish any longer to stultify our minds and argue against -believing that poverty and crime are vitally related. This is especially -true in our large cities, rather than in the country. Not only do they -belong to each other like cause and effect,—but poverty in many -instances fosters crime. - -It is a well known fact that when thousands of our laboring classes are -out of employment only one week, they are, to use the language of the -street, “dead broke.” In a few days the whole family become so affected -for want of food that unless the father gets work at once whatever is of -value in the house is either put in pawn or sold for what it can bring -anywhere. When the house ceases to have anything more to sell, the -children are sent out to steal. A large number of those who are arrested -by the Children’s Society for various crimes and taken to their rooms -before going to Court, eat ravenously of whatever food is set before -them. When they are questioned as to why they stole, they usually say -they were hungry. - -Diminutive boys and even men with sunken cheeks and pale faces are taken -to the Tombs almost daily charged with the crime. When you speak to them -they freely admit that they lived for months by stealing. And in a great -many cases they stole to get food for the family. The same is also true -of boys and girls who work in stores and factories. When sorely tempted -to steal they do so but only when hunger stares them in the face! In -nearly all the places where young people work they pay such small -salaries, that they are unable to save anything. After they pay their -board what is left goes for clothing and carfare. But there is nothing -for the proverbial rainy day. - -But self preservation is said to be the first law of nature. “All that a -man hath will he give for his life,” is as true to-day as it ever was. -When men steal to preserve life they simply trample under foot a lower -law to maintain a higher one. And it is the most natural thing in the -world to fall back on the law of self-preservation when driven to the -wall by hunger or other adverse circumstances. - -The annals of crime in this city will show that the children of the poor -at an early age are turned on the street, where they are left to steal -or starve. I have found by careful observation that twenty-five per -cent. of the boy criminals of New York started on their wayward careers -when they were hungry. It was the old story, “Steal or starve.” And they -stole and became criminals. - -As long as you keep men and women busily employed crime is out of the -question, but when they lose their job and feel the pangs of hunger, the -criminal instinct comes to them with such force that they cannot resist -it. - -An ex-convict whom I have known for a number of years wrote me a letter -of explanation after going back to the Penitentiary some months ago. -“Sir,” said he, “there is no employment for an ex-convict. * * * * I was -homeless and friendless * * * * * with me it was steal, starve or beg? I -was too proud to beg. And I refused to starve in this land of plenty. -When I could do nothing else I stole—when I suffered the pangs of -hunger. What else could I do? And when placed in the same circumstances -I will do it again.” - -Not long since John Williams, sixty years of age, was arraigned in -Centre Street Court, charged with larceny. He confessed his guilt. “I do -not care what you do with me, Judge,” he said. “I was starving and it -was either steal or die.” “Why don’t I work?” “Well, Judge, if you will -get me a job, you’ll see how hard I’ll work. But nobody wants an old man -like me.” - -I knew a respectable man who resided in the vicinity of Tenth Avenue and -Fifty-sixth Street; he was out of employment for about three weeks. By -this time his family, which consisted of wife and five children, were in -dire poverty. The fourth week he found employment at twelve dollars a -week driving a truck. On Saturday the boss paid the man six dollars out -of which he was to pay rent and feed his family for a whole week. The -employer retained six dollars of his wages as security against loss -while in his employ. In the middle of the week his funds were exhausted. -When he came home Wednesday night his children were crying for food and -he had none to give them. Then he remembered that he left a box of goods -on the truck when he put his team in the barn. That night he broke the -box open, took some of the goods out and pawned them and with the money -bought food and fuel to make his family comfortable for several days. It -is needless to say that before the week was out he was arrested charged -with grand larceny. - -A good Samaritan made an investigation of this man’s case the following -week, found his family in great poverty and supplied their wants. Not -only was it found that the man was no thief, but everything he said was -true. He was driven to steal by his hard hearted employer who held back -half his week’s pay when his family was in great need. - -When all the facts became fully known the Court suspended sentence and -sent him back to his family. The Monday following he went to work for an -old employer who had always known him as an honest man. - -When I spoke to this man about what he had done, he said, “I could not -help it. My boss, who retained in his possession six dollars of my hard -earned money, made me a thief. I did not want to steal but when I heard -my children cry for bread it almost crazed me and I stole to satisfy -their hunger.” - -An old German, over fifty years of age, who some years ago was in -business in Philadelphia, failed and lost all his property. He came to -New York where he lived from hand to mouth for a month or two. He was -often in the bread line on the Bowery to get enough to keep him from -starvation. During that winter he went four days without eating -anything. Then in his desperation he broke a window and stole an opera -glass. For this he was arrested and sent to the Penitentiary for one -year. - -When he came out of prison he was determined not to commit another -crime. He walked the streets for five days looking for employment, but -nobody wanted him, he was too old. Walking along Second Avenue one -evening he became exhausted, then desperate and broke a plate glass -window that he might be sent to prison where he would get enough to eat. -When he was discharged I met him at the prison door. I tried to get him -employment but nobody wanted him, then I sent him to Newark on his way -to Philadelphia among his friends who would save him from further -imprisonment. In both cases poverty drove him to crime to get food. He -was not a criminal from choice but only from circumstances. - -This last case which I am about to relate was the most pitiful of all. -The man lived with his wife and four children in the neighborhood of -East Fortieth Street near First Avenue. He was a painter by trade and -had been out of employment four weeks. On the first of March his wife -gave birth to a child. On the third day afterwards his home was fireless -and foodless. On the morning of the fourth day his children cried for -food, then he became desperate. He tried to borrow money but nobody -would loan him anything, not even a quarter of a dollar. That morning he -stood at the Grand Central Depot ready to steal if he got the chance, -but there were too many policemen there watching his movements. Then he -walked down to Thirty-eighth Street and Park Avenue where he stood -watching the people. In a few minutes he saw a lady come along dressed -in furs. In her hand was a small wallet. He followed her down the steps -into the tunnel, snatched the wallet and ran. But he could not run fast -enough as he was weakened from lack of food and was soon captured. It -was proved in Court that the man was not a thief; that he was driven to -do the crime because of the dire poverty in his home. It was a social -rather than a criminal question, but the judge thought he would make an -example of this unfortunate and gave him ten years’ imprisonment. I -asked him in prison why he had taken such chances; he replied, “I was -cold and hungry and my family were in such desperate circumstances when -the temptation appealed to me, I could not resist it. That’s all.” - -In a large number of cases I have found that men and women were not -thieves by choice. They were before the law guilty only technically for -some crime, but were driven to it by social conditions and man’s -inhumanity to man! When you come to judge all such “criminals” be -charitable, and put yourself in their place and ask, What would you do -under the same circumstances? - -There is an organization in this city called the Charity Society. They -receive a good deal of money during the year for charity! Mr. John S. -Kennedy gives them free rent in his building. What charitable work they -have ever done to aid the worthy poor we have never been able to learn. -But some people have not a very high opinion of them. When I have urged -people to seek relief from them (before I made an investigation for -myself and learned what they are) they replied that they would prefer to -jump into the river. Others in speaking of the society use red profanity -which would not look well in print. Ask a policeman, priest, rabbi, -minister of the gospel, mission worker. They may be able to tell what -charity is given by this society to the poor of New York. I know the -society for improving the conditions of the poor, the Children’s Aid -Society and others that do a good work. Heaven bless them and fill their -treasuries! - -[Illustration: - - _Copyright Pack Bros., New York._ - Ex-police Commissioner Bingham, of New York. General - Theo. Alfred Bingham, born at Andover, Tolland Co., - Conn., May 14, 1858. Graduated at West Point Military - Academy 1879 and Vale University 1896. For several - years he has been in charge of Public Buildings and - grounds in Washington, D. C. Was appointed Police - Commissioner, by Mayor McClellan, January, 1906. He - brought the Police up to a higher perfection than ever - before.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XVIII - - HOW YOUNG MEN BREAK INTO PRISON - - -One of the most startling facts that face the present day reformer is -the great number of strong, healthy and well educated young men that -really break into prison, as that is the only way you can speak of it. -Various reasons are given for this singular condition of things but -which do not satisfactorily explain the difficult problem. We believe -the question is worthy of the highest consideration which the State can -bestow upon it. It is everywhere demanding a solution at the hands of -Christian philanthropists and statesmen. When we think of the tens of -thousands of young men in this and other large cities, who are leading -prodigal lives, uncared for by their fellow men, and little sought after -by Christian agencies, unless they are well dressed and have plenty of -money; then the Y. M. C. A. and the Club will compete for their -patronage. But if they are poor nobody cares for them, and if they -happen to wander into a Christian Reading Room, they will be told that -such a place is only for members, and not for them. - -Many of these young men come from country homes in search of employment, -and not finding any, after they have spent their capital, they eke out a -precarious living by doing odd jobs or even panhandling. After a time -they become seedy in appearance; sever all connection with the loved -ones at home; lose all ambition of ever amounting to anything or -securing employment. Then they mingle with criminals, who present to -them some “rosy scheme” to get ready money without working for it, and -when they seek to carry it out, find themselves in the meshes of the -law. Now they have discovered by experience that “The way of the -transgressor is hard.” If, however, they had sought steadily to do what -was right by shunning the saloon and the companionship of evildoers, the -result of their brief city life would have been different. - -Some time ago a young man, twenty-seven years of age, was in the -Jefferson Market Police Court. He had wandered to New York months ago -from a New England home. Although a graduate of Yale, and a law student, -filling many important and lucrative positions, yet he lost all by -strong drink, cocaine and evil companions. As soon as he was sobered he -found himself to be a moral and physical wreck. - -It seems that when he had exhausted all his resources and his clothing -became torn and tattered, the only employment he could find was to play -the piano in a Tenderloin saloon for free “drinks.” - -Perhaps the reason that so many young men really break into prison is -that they have acquired sinful habits in their youth which have grown on -them with the years. They refuse any longer the advice of friends and -are unwilling to learn by experience, and like men void of -understanding, they rush into crime, like the horse into battle, only to -meet disaster. - -Some of the larger Rescue missions of the city do a vast amount of good -in caring for these young men. But many are “pauperized” and in the end -become chronic panhandlers. And the same “bunch” is found in the -missions from year to year and are no better. - -Put them to work sawing wood or breaking stones or indeed anything, and -if they are able bodied and refuse let them alone. Feeding them only -prolongs their misery. - -It is a sad fact, though nevertheless true, that many young men do not -learn by experience. As soon as they are out of one trouble, they seem -to rush into another, until Society is compelled to protect itself by -sending them to prison a second, or a third, or even a fourth time. The -reason doubtless for this is that the young criminal in a great number -of cases gives way to the low instincts of his morbid nature, or he has -acquired sinful habits in youth, which grow on him through life, and he -readily gives way to them when tempted. The heredity of crime is simply -giving way to natural depravity that has never been curbed. - -It is safe to say that 70 per cent. to 75 per cent. of all who get -behind prison bars for the first time are young men between the ages of -sixteen and thirty. When the “rounder” puts in an appearance this -percentage is reduced. Nevertheless, the great mass of all first -offenders are young men. - -I once wrote to Superintendent Brockway of Elmira Reformatory, whom I -regard as one of the best informed penologists in the United States; I -asked why so many young men are sent to prison rather than men of -maturer years, and he replied: “Young men between the ages of sixteen -and thirty are the most pushing, vivacious, alert, wideawake and -daring.” But though this reply was not as satisfactory as I should have -liked it, it explained much. I believe there are times when temptations -to commit crime are greater than at others; for example, when one has -been idle for a long time, young men who live in idleness, or have no -trade, or are out of employment, or during the time of financial -depression, or when under the influence of liquor, or when one has -become improvident; of course, certain associations promote crime, such -as bad company, bad books, bad amusements and bad homes; still young men -are the first victims on all such occasions. - -Among the great generators of crime to-day, among young men, I regard -the gin mill, the pool room, the dive, the play house and the vile -literature that gives its readers a detailed account of the daily -murders, robberies and other crimes as the worst. - -I am satisfied the Dime Novel and other yellow covered books are crime -producers and generate criminal instincts. We have seen men who have -become criminals in heart and mind by absorbing criminal ideas in bad -books and papers. After reading the hairbreadth escapes of Jesse James -and other noted desperadoes, or how some stage coach or express train -had been “held up” by Western bandits, the mind becomes impressed, fear -of consequences is driven away from the conscience, and the individual -is ready to commit any kind of deed. - -Hundreds of young men who are serving time in Elmira and Sing Sing -to-day, lay the beginning of their downfall to bad books and papers that -demoralized their nature. Modern journalism takes a hand in ruining -young lives; for example, when a murder or robbery has been committed -every detail is furnished by some of the morning papers. The ghastly -work is gloated over, so that those who are morbidly minded, are for the -time being hypnotized. The papers usually make a hero out of the -criminal and hold him up before the people as one to be emulated, rather -than shunned. Under such circumstances it is not to be wondered at that -young men become criminals. - -Thousands of young men work in this City as clerks, bookkeepers and -salesmen in stores and offices. In most cases the salary is very -small—enough barely to live on. Some of them, however, insist on going -to the theatre and other places of amusement. Then they enter society, -not necessarily what is called the “four hundred,” but society that is -above their own social standing. They have an insane desire to dress -like millionaires, and as they cannot do this on the small salary they -receive, they feel compelled to steal their employers’ money to keep up -a false appearance. - -Many young men are in prison because they stole money to “gamble on -margins.” For a time they used their own small salaries, when that gave -out they forged a check or raised the figures on which to secure ready -money. They tried to get rich quick. - -There is the case of a young man in Jersey City who was arrested while -he was being married, after having stolen from his employers $6,000. The -marriage ceremony and the entire occasion looked as if he belonged to a -royal family. The young man was a broker’s messenger on ten dollars a -week. His work was to carry the daily balances to the Clearing House. On -his way to that institution he was able to change the figures on the -balance sheet and pocket the money. In a year he had over six thousand -dollars in his own name. He is now in prison for his crime and has long -since discovered that “The way of the transgressor is hard.” - -Another young man who was the assistant teller in an uptown bank stole -$40,000 and the only excuse he gave was that others were doing the same -thing. He afterwards confessed that he had to do it in order to keep up -“style;” he lived like a millionaire in fine apartments on the upper -west side; his wife dressed in the best furs and jewelry that his -ill-gotten gains could furnish. - -Another young man stole over ninety thousand dollars from a city -institution and fled to parts unknown. When an investigation was made it -was found that he had lived in an elegant apartment on the West Side and -besides kept a team of horses and a woman whose diamonds were a marvel -to the community. - -Another thing that imperils the prospects of the young men, is bad -company. The old saying is still true, “A man is known by the company he -keeps.” “He that walketh with wise men shall be wise; but a companion of -fools shall be destroyed.” Every self-respecting young man should shun -the idler, the loafer, and the skeptic. During the past few years, I -have asked hundreds of young men, whom I have met in prison, what led -them into crime, and they invariably replied, “_Bad companions._“ When -the police of New York are asked to look for law breakers, they usually -find them among the gangs of loafers and hoodlums that hang out around -the saloons and other vile dens in the city. - -There are five hundred thousand young men in New York who at present -seem to be beyond the pale of the churches and the Young Men’s Christian -Associations. But they are not hopeless, nor are they beyond the reach -of kindness and the gospel of Jesus Christ. But there seems to be no -particular agency at work trying to reach this class before they have -become tramps and criminals, except the rescue missions. It is true -there is an eternal struggle going on between good and evil and it is -becoming more intense every year, but the church should take part in it -and seek to save the young before they become law breakers. - -Once upon a time the Young Men’s Christian Association was a moral force -in the community and aided young mechanics and store keepers and clerks -to rise to independence, but not now. They are now working mainly to -reach rich men’s sons. In some Associations rich young “bloods” go there -simply to play pool and when the place is closed at night retire to some -gin mill where they can finish the game. But what about the tens of -thousands of young chaps who hang around the gin mill, simply because -they have no money to pay the steep price for a membership ticket in the -Y. M. C. A. or respectable church club? - -Would to God some Andrew Carnegie or Morgan or even a John D. would put -the money up to erect a half a dozen of such places for poor but honest -young men? Make them like the Cooper Union with a gymnasium attached. -Serve meals at cost, have an employment bureau, throw out a shingle -inviting all young men to come in without respect to race or creed. If -you speak to some of these young men about the twentieth century church, -they will swear at you. You know the Church is closed as tight as a clam -six days in the week. What some of these young men want to see is -persons that love God and their fellow men, and then show it by helping -them into a better life. - - ------------------------------------------------------------------------- - - - - - CHAPTER XIX - - OUR POLICE GUARDIANS - - -This is a practical age, and the people demand of their servants, the -Police, practical up-to-date methods in the prevention and suppression -of crime, and no matter what other virtues our civic guardians may -possess, the old adage that “Prevention is better than cure,” will -always remain the true motto by which our police will be judged as the -real protectors of our city. - -Under the bi-partisan Commission which controlled the Department for -many years, the practical work of the force was intrusted to an -experienced officer known as the Superintendent. This man knew every -detail of the department and could not be deceived by any one, as he -grew up with the system. - -During the past fifty years New York has had some of the brainiest and -shrewdest of Superintendents, but they could not bring about needed -reforms because of the controlling power of politics. They were -Superintendents only in name! The entire inefficiency of the police the -past fifty years must be laid to politics and graft. Rid the Department -of these two excresencies and you have one of the best police systems in -the world. - -During the past year the sickening game of politics has been played to -an excess never before known, so as to keep in power for four years more -a gang of mean grafters. How long it is going to last no one can tell. - -[Illustration: - - From “Harper’s Weekly.” Copyright. 1909, by Harper & Brothers. - Police Commissioner Baker. Appointed July 1, 1909.] - -It is an undeniable fact that for forty years or more 300 Mulberry -Street has been the “happy hunting ground” for politicians of every -creed. Some went there to exercise the power of a “pull,” while others -had axes to grind. Here the ward “heeler,” in the language of the Roman -Tacitus, “could exercise the power of a king with the temper of a -slave.” And often removed faithful officers who would not do his -bidding. It is not a great while ago when if a policeman dared to do his -duty by arresting a saloon keeper, a gambler or a dive keeper he at once -became a marked man. Some politician at once became his Nemesis and “for -the good of the service” had him removed among the goats in the upper -Bronx, or, since the union of the five boroughs, he might be sent to Far -Rockaway or even to Staten Island. If, on the other hand, he wilfully -evaded his duty as a policeman his superior might prefer charges against -him and if found guilty he would either be fined or dismissed from the -service. The life of the faithful officer, therefore, has been a hard -one. He was like the man who was between the Devil and the deep sea, -when he did his duty he was persecuted, when he did not, he was “broke,” -provided, of course, he had no “pull.” - -The Lexow Investigating Committee showed that many police officials from -Commissioners down to patrolmen were in the business for “graft.” In -those days nearly all promotions cost money. An inspectorship meant a -fortune for some man, a captaincy cost as high as $20,000 and even -higher. But the bi-partisan Commission was mainly responsible for this -shameful corruption. Many high officials were involved in the scandals, -while the rank and file were more or less affected. It is our firm -opinion that if the police were protected in the line of their daily -duty, freed from the domination of the ward “heeler” and given to -understand that they could be promoted only on the ground of efficiency -and meritorious conduct, no body of men in the world would be more -faithful to the public interest. - -The result of the Lexow investigation was that nearly fifty Police -Inspectors, Captains and wardmen were indicted for bribery and other -offences against the law, but only one man suffered imprisonment. All -the others fought for vindication in the Courts and succeeded in having -the indictments in every case dismissed. - -It is a foregone conclusion in the minds of those best able to judge -that the man who is to rightly control the New York Police must be one -of their own number, an experienced officer, paid a good salary so that -he may be honest in his relations to the City Government, and just to -the men under him. Indeed, the only way to keep the police situation -within proper bounds is to put the entire force in the hands of a -practical, level headed honest man. Give him a free hand and hold him -responsible for keeping the city clear of crime. Then let this official -put the crime of the city up to the Inspectors, holding each of them -responsible for his own district. In turn let the Inspectors hold each -Captain responsible for the condition of his own precinct. When the -Captain of the Precinct finds that he cannot shift the responsibility on -somebody else he will do his duty or get out. Only in this way shall we -have real police efficiency. - -Since January 1900 the police of Greater New York have been in charge of -single-headed Commissioners; each in turn ruled the department, viz: -Ex-Senator Murphy, Col. Partridge, General Greene, ex-Congressman -McAdoo, General Bingham and Commissioner Baker. They were all good men -in private life but some were sadly deficient in the experience that -pertained to police matters. Each Commissioner made serious mistakes -from start to finish which would not have taken place had he been -familiar with the routine of the department. And each Commissioner in -his turn complained that he had been grossly deceived by the higher -officials of the Department when he tried to bring about any lasting -reforms. Had these men been practical policemen it would have been -impossible to have deceived them. - -If you put an inexperienced man in charge of a railroad or a large -factory in two years it is more than likely that one or both will be in -the hands of a receiver. And every time you put an inexperienced -outsider in charge of the Police Department he will fail utterly to do -the best work. - -On the first of January, 1909, the Police force of Greater New York -consisted of 1 Commissioner, 4 Deputy Commissioners, 17 Inspectors, 25 -Surgeons, 91 Captains, 627 Lieutenants, 585 Sergeants, 8,239 Patrolmen, -70 Matrons, 194 Doormen, together with 10 others who are classed as -telegraph men and boiler inspectors, making a grand total of over 10,000 -in the Department. - -During the past year or two Commissioner Bingham asked for several -hundred men and $50,000 a year for a Secret Service. It goes without -saying that these Secret Service men would be used not only to watch -some of the men now in the Department, but the blackhanders, anarchists -and other criminal conspirators that hang around the city. But it is not -more policemen the city needs as much as the system thoroughly -reorganized. - -The Parkhurst Society with a dozen of men has often been able to do more -for the city than a whole platoon of policemen. - -There is room in New York for hundreds of plain clothes men, to deal -with certain kinds of crime, like the Secret Service men of the United -States Government. It is not necessary to keep policemen in uniform -patrolling the city. Much more crime would be discovered if they went -about in citizens’ dress. We would like to suggest to the Commissioner -the propriety of selecting a hundred strong-minded women detectives with -full authority to make arrests, and putting them in those localities -that are now infested with the worst female characters. We believe -before long they would put such women crooks out of business. - - - The Policeman and His Work - -The work of the New York policeman may be briefly summed up as follows: -He is an enforcer of the law, a protector of society, a judge and jury -to settle scores of cases that must be decided offhand without a -moment’s hesitation, a preventor and detector of crime and a suppressor -of lawlessness and violence. In his daily duties he removes obstacles to -good order, stands for the liberty, peace and security of the citizen -and in general looks after the moral welfare of the people. - -More than that, the policeman should know the character of every -gin-mill in the Precinct, the disorderly houses, the gambling hells, if -any, where the crooks hang out, and the suspicious characters, who will -need continual watching, to whom he should be a constant terror. All of -which means that it will be necessary for him to patrol his post -faithfully, otherwise he will not know these things. - -The law gives him vast discretionary powers, which on the one hand -involves personal liberty and guarantees prompt measures of relief in -cases of emergency; yet his work is two-fold—administrative and -judicial—to enforce the law and if possible prevent crime. - -One of the main reasons why grafting and other abuses continued so long -in the New York Police Department is on account of the “pull” that -certain ones had. The policeman with a “pull” has been known to neglect -his duty in a most shameful manner and when called to account could snap -his fingers in the face of his superior. As long as the District Leader -is a power at headquarters, all the offending policeman has to do is to -“make it right with him” and he in turn sees the man-higher-up of his -own party. Sometimes an officer received a “make-believe reprimand” but -no more. The hard and fast discipline of the department was only for the -man who had no political friends. - -The total police appropriations for 1909 is $14,452,028.85 besides -$400,000 for pensions, which makes the sum total expended on the Police -of Greater New York for the present year $14,852,028.85. - -The sum total of the Police work in this city for the past year is as -follows: - - Whole number of arrests in Greater New 244,822 - York - - Convictions 140,904 - - -Of the 104,000 discharges, 84,381 were liberated on the preliminary -examination, which clearly shows that they were innocent of the charge -or charges preferred against them. These outrages occur all the time in -New York but would not be tolerated in Russia or Central Africa. -According to Commissioner Bingham’s report in my possession there were -25,209 arrests for felonies, but only 6,099 convictions. This shows that -19,110 crooks got clear. That is to say, the crimes were committed but -the crooks slipped away. Any one who will carefully examine the report -will see at a glance that by far the larger number of arrests were for -minor offences. Push cart peddlers are arrested daily for the crime (?) -of standing longer than ten minutes in one place. And a multitude of -boys for playing ball on the street, but the unterrified criminal -remains at large. - -On account of some differences of opinion between Mayor McClellan and -Commissioner Bingham over the Duffy case, the Mayor ousted Bingham on -the last of June and put in his place Deputy Commissioner Baker of -Brooklyn. Commissioner Bingham may have some peculiar ways about him but -other than that the common opinion of the best people in every grade of -life is that he was a fearless official, and more than that he raised -the standard of the police department higher than ever it was before. He -was also an absolutely honest man. In this opinion we believe we have -some of the best men in the city on our side. And we believe his removal -was another example of vicious politics. - - ------------------------------------------------------------------------- - - - - - CHAPTER XX - - THE DETECTIVE BUREAU - - -The main spoke in the wheel at the Central Office is the Detective -Bureau. Less than sixty years ago this branch of the service was -organized as a separate and independent Bureau. - -Sergeant Lefferts was one of the earliest commanders of the Detective -Squad. This was in 1857, and he held it for one year. Headquarters was -then on Broome Street. After Lefferts, Captain George W. Walling, -afterwards Superintendent, commanded the City Hall Precinct. He took -charge of the Detective Bureau and held it from 1858-60. Then Chief John -Young took charge of the Bureau from 1860-67. He was assisted by -Sergeant Lefferts. After him came Capt. Jas. J. Kelso, who held it for -three years. He was followed by Capt. James Irving, who was in charge -from 1870-75. After him came Captain Kealy who held it for four years. - -In 1880 Inspector Byrnes took charge of the Detective Bureau and held it -twelve years. This was longer than any other man. During this period he -completely reorganized it, putting it on a more scientific basis. Byrnes -was followed by Captain McClusky, Steven O’Brian and Titus, each of whom -held it in turns. In 1901, when Commissioner Greene was made head of the -Police Department by Mayor Low, Inspector Brooks and Captain Langan were -jointly in charge of the Detective Bureau, but the former held it only a -few months. - -In an interview with a well known Inspector, who is one of the best of -our city detective experts, I asked him what were his methods in -detecting crime. He replied, “I have no methods but hard work. Each case -must be a law to itself. We have no cast iron rules for discovering -crime.” Then the Inspector went on to say, “When a crime has been -committed we consider first of all the underlying motives. If it is a -burglary or a ‘hold up,’ it is more than likely it was done for plunder. -If a murder, it was doubtless done for revenge. If it is a case of much -importance we put a couple of good men upon it. Follow up the clues, -search the pawnshops, watch the haunts of criminals and work on till the -property and crooks are discovered. Careful work always brings good -results.” - -“The detective methods in vogue fifteen years ago,” said the Inspector, -“would be useless to-day.” “With the evolution of the criminal there -must needs be a change in the detection of crime. Here is a letter from -a fellow in State Prison,” said the Inspector; “this fellow is willing -to ‘squeal’ on his ‘pals’ who are on the outside, provided he gets his -liberty. Of course we cannot promise him any such luxury, it is the -Governor’s prerogative to pardon, not ours.” - -The twentieth century criminal makes a business of crime. A man of this -character made bold to tell me that he had been a thief for nearly forty -years and he meant to be a thief to the day of his death. He refused to -work for a living. Pickpockets and thieves of the lower order make a -business of following circuses, county fairs, picnics, races and -conventions, and they always make a good haul at such places. A few days -before the Dewey Parade in this city, September, 1900, which drew -together from one to two hundred thousand strangers, Captain George W. -McClusky, then Chief of the Detectives, captured nearly four hundred -well known crooks in his dragnet and locked them up till the “show” was -over. In this crowd there were _tramps_, _pickpockets_, _sneak thieves_, -_second story men_, _country thieves_, _professional criminals_ of every -ilk, including the irresponsible thief. They were held in prison for a -few days as suspicious characters. After the crowds left the city they -were discharged. While locked up in the Tombs they were in an ugly mood -and abused every one in sight. - -If the direct perpetrators of a crime cannot be found in the ordinary -way, then our modern Sherlock Holmes must fall back upon “clues” and -follow them up to their legitimate end. But if there are no clues, then -the brainy detective must work out a satisfactory solution of the -mystery for himself and solve it. The method of Thomas F. Byrnes, who -had been long and successfully connected with the New York City Police -Department, was to bring the suspected criminal back to the scene of the -crime for sake of the startling effect. If an atrocious homicide had -been committed Chief Byrnes usually took the murderer back to the place -where the deed was done, and then watched him. If a burglary, and the -property found, it would be placed before the suspect and be watched. - -Criminals are made of different classes or types. The beginner in crime -is often a petty offender. He steals small sums although never arrested. -The scale is a descending one, rather than ascending. Few men leap over -a moral Niagara all at once; they are going down hill gradually for a -long time before the law gets hold of them. After a few years the man -who was once a greenhorn plans crime like a general who plans a -campaign. It is then that the Department needs an expert Sherlock Holmes -to capture them. - -The history of a crime is often full of thrilling experiences and when -unraveled by a keen-minded detective and all the details of the plot -laid bare, the final revelations show it to be the work of a master -mind. The great crimes of the past hundred years were not the work of -ignoramuses but of men capable of commanding an army. They were brainy -criminals. - -In the Old World many of the best detectives when searching for -criminals disguise themselves as cabmen, truckmen, and collectors of old -clothing. They also work in factories, foundries, potteries, coal mines, -or indeed, any place where they can secure a clue. - -Detective McCleevy, of the Edinburgh Police, became a rag collector in -order to catch a murderer. He went along one thoroughfare for several -days crying, “Rags, rags, rags.” Then he entered a dark alley where the -murderer was hiding, and who offered him a bundle of bloody clothing to -carry away. After this he secured his man. - -Some years ago the Pinkertons took a tip from the Old World detectives -and put men in the coal mines of Pennsylvania where they lived with the -miners and finally captured the whole band of Molly Maguires and put -them out of business. - -The Scotland Yard detectives of London not only work among various -toilers in their efforts to discover crime, but keep in touch with -30,000 crooks, many of them being ticket-of-leave men. In this way they -know where they can be found when wanted. The movements of those who -continue in crime are watched night and day. When a crime is committed -an old crook is arrested and unless he can prove a clear alibi he must -stand for the job. - -But the best and cleverest detectives are said to be the French, if we -may judge from results; and the reason for this is, they keep a -register, not only of all criminals in France, but also of their plans, -aims and movements. A few years ago the National Chief of Police in -France had the names of 20,000 depraved characters who spent their lives -in crime. At that time there was less crime in France than in any other -part of Europe. If the police will keep themselves informed of the -movements of criminals they will know where to find them when wanted. -This is the secret of the best police service. - -The present head of the detective Department is Inspector James -McCafferty. He has risen from the ranks and owes his present position to -Commissioner Bingham, who had confidence in him by making him chief -detective. Mr. McCafferty calls his Bureau the greatest detective system -in the world. This is certainly not because of the number of insolvable -crimes it has cleared up in the past few years. The fact is hundreds of -murders, hold-ups, atrocious assaults, robberies, burglaries, larcenies -and almost every crime on the calendar remain unsolved. In all -seriousness, the people have a right to ask, what is the matter with the -best paid police force in the world? Why don’t the police arrest the -criminals and put them in jail? That is certainly a fair question. - -Some time ago Coroner Julius Harburger passed some scathing remarks on -the Police department. He said he was tired of sitting in his office and -waiting for the police to arrest murderers now at large. Then he cited -the case of Elsie Sigel, Samuel Bersin, Joseph Pogano, the unidentified -woman of Thirteenth Street, and Joseph Juliano and Michael Millelo, who -were killed by “Jack” Vigarato, a saloonkeeper of Harlem. He told also -of a woman in whose home on West 110th Street a girl died after an -operation. Reminded that he had recounted only six murders, the Coroner -remarked: - -“I can’t think of the other two. They come so fast it’s hard to keep -track of them.” - -“But have the police no clues in all those murders?” the Coroner was -asked. - -“Clues?” repeated Mr. Harburger, “No, not even a suspicion. They -‘haven’t got anywhere,’ as Inspector McCafferty says. - -“While I am about it, I might just as well tell you that there have been -130 murders in the last two years in which the perpetrators have -escaped. Put that down. I say there have been 130 of them. Doesn’t it -seem fine for a city of this size to have a police department that can’t -catch a murderer unless he handcuffs himself and gives himself up?” - -Then the Coroner remarked: “In the last twelve months more murders have -been committed in this city and more murderers have escaped than in any -other place on the face of the globe. Let the police explain that, if -they can.” - - - The Stool Pigeon - -An important link between the police and the criminal is found in the -stool pigeon. The old saying that “It takes a thief to catch a thief” -was never truer than in its application to what the ward detective calls -“the stool.” When a uniformed or plain clothes policeman is assigned to -a precinct the first and foremost thing he does is to find out “What he -is up against.” In other words, he sets himself to study carefully the -situation; he finds out who are the thieves, pickpockets and all round -crooks in his bailiwick. Then he seeks out some one of this class he can -trust, and forthwith makes a confidant of him. Indeed, he enters into a -regular agreement with the “stool” of the district or ward that in -return for “inside information” on crookedness he will give him full -protection and even immunity from arrest. The work of the stool pigeon -is to associate with criminals as a sort of spy, so as to find out all -that is worth knowing and even assist them in crime, then report to the -ward detective. - -When a burglary has been committed that baffles the police, one or more -stool pigeons are put on the case and are paid for their services. If -they cannot locate the crooks or the gang, perhaps they can tell where -“the goods” may be found and by their help the police are able to -recover wagon loads of “loot,” the accumulation of many robberies. Some -time back in the seventies of last century Thurlow Weed, who exerted a -commanding influence in the counsels of the Republican party second to -none in his day, was riding in a Broadway ‘bus and had his gold watch -stolen. Mr. Weed deeply deplored the loss of his time piece which had -been given to him as a present by some friends. He communicated his loss -to the police. The pawn shops were searched, but it could not be found. -A score of stool pigeons were implored to find it without delay. Then -one of them found the man that stole it and requested him to return it -at once to the police, which he did, after which the police were highly -commended for their smartness. - -Some time ago a noted forger and counterfeiter was sent up the River for -five years. He had been doing “crooked” work for some years in this city -and would doubtless never have been detected had it not been for a -“stool pigeon” with whom he had been in prison in former years, whom he -had befriended not long before by giving him meals and lodging when out -of employment. The stool pigeon reported everything to the police and -the old man was caught “red-handed.” - -As a rule there is no honor among thieves. One old criminal who is also -a well known “stool pigeon” is in great demand by the police when out of -prison, but he is hardly out before he is back again. He knows the -criminal classes well and is able to furnish the police with first class -information on crookdom. And they in turn see that he is not sent to -State Prison but to the penitentiary for short terms. He has sent so -many men to “do time” by the information with which he has furnished the -police that if they found him in State Prison they would kill him. A -traitor, a spy and a spotter are always detested by criminals. It is -true, stool-pigeon ethics is not of a high order, but what else can the -police do? In resorting to such expedients they simply fight the Devil -with the Devil’s own weapons. Without this a large number of the crimes -that are committed would never be detected. - -Ex-Policeman Bissert who had been sent to Sing Sing by Recorder Goff in -November, 1901, was detested by scores of crooks whom he had been -instrumental in sending there. After reaching Sing Sing Bissert became a -marked man. Many of the old time crooks knew him well. When the -Appellate Division decided that he should have a new trial and had -returned him to the Tombs, he made the remark to one of the desk -keepers, that he would rather go to _hell_ than go back to Sing Sing -again, as his life was made miserable all the time he was there. One who -was then serving a sentence afterwards informed me that whenever Bissert -showed himself in the shops, the dining room, or in the yard his -associates took a delight in “jeering” at him and calling him all kinds -of profane names! - -[Illustration: - - The Newest, Most Modern and best equipped Police Headquarters in the - World. Centre Street, New York City.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XXI - - THE ROGUES GALLERY AND THE THIRD DEGREE - - -One of the most interesting departments of the Detective Bureau is the -Rogues’ Gallery. This branch contains the records of nearly a hundred -thousand criminals. It is only within recent years that the police have -begun to realize the importance of this department of the service. Not -only do they photograph and take measurements of all criminals, but -since the time of Sergeant Thomas Adams they preserve clippings from all -the newspapers which in any way throw light upon the career of a -criminal. These clippings are kept in large envelopes, fastened together -by rubber bands. - -The Clipping Bureau at Headquarters has for some years been in charge of -two well known lieutenants, Sheridan and Allen, who seem to have a -special talent for this kind of labor. They seem to be walking -cyclopedias of criminal information as far as the newspapers are -concerned. - -One or the other of these specialists is on hand every hour of the day, -assisting the men of the department in giving clues, as well as -collecting records of beginners in crime. Frequently these records are -loaned to the Judges of Criminal Courts before sentence is passed on old -offenders. This branch of the Bureau is over thirty years old, and is of -immense importance to the department. - -Whenever any of the two or three hundred officers of the Detective -Bureau make an arrest, in or out of the city, the prisoner is forthwith -taken to Police Headquarters, where his measurements and picture are -taken for the Rogues’ Gallery. And all this is done before they have -found out whether he is innocent or guilty. Indeed, it frequently occurs -that the pictures of innocent men remain in the Gallery for years. Once -there, they are not removed, unless by order of the Supreme Court. But -if an appeal is made to the Commissioner of the Police, he will remove -an offending picture if you can show that you were innocent of the crime -charged against you, and were never arrested for a crime previously. - -Up to the first of January, 1909, the total number of pictures in the -Rogues’ Gallery was as follows: - -New York, 82,363; Brooklyn, 13,264; total, 95,627. - -This besides over 7,000 finger marks taken from August, 1906, till same -date. - -According to the best judicial authorities, the police have no right to -take the picture of a man accused of crime and place it in the Rogues’ -Gallery till after his conviction. For “mugging” Banker Jenkins, in -defiance of Justice Burr’s order, Captain Kuhne, of the Brooklyn -Detective Bureau, was sentenced to thirty days in Raymond street Jail, -and fined $500 besides. The case was submitted to the highest court in -the State, and last June the Court of Appeals decided that the sentence -passed on the Police Captain was just. After a time, “mugging” contrary -to law may become an unprofitable business. - -The question as to the number of criminals in New York city is one of -the most difficult to answer. The best that can be said is to offer an -unofficial conjecture. We went to Police Headquarters and presented it -to different men, but nearly all refused to volunteer an answer. One -officer said: “If you mean by criminals those persons who have been in -jail all the way from one to ten times, but who now enjoy their liberty, -then there must be at least seventy-five thousand of such people in this -city.” But then this is only a conjecture. We have no means of knowing -to an absolute certainty the number of criminals in New York. - -During the fall and winter, when there are great social gatherings in -the city, thousands of crooks invade Manhattan, and live at the best -hotels. When they leave, they usually take with them enough money and -valuables to last for years. - -The curiosities of crime which may be seen in the museum of the Rogues’ -Gallery are worthy of careful inspection. These consist of dark -lanterns, jimmies galore, sectional jimmies, and ancient and modern -jimmies, knives, dirks, razors, pistols, guns, gold bricks, burglary -tools, skeleton keys and several hundred other things used by criminals, -all too numerous to mention. Many of these things are kept in glass -cases, and cannot be touched, but they show the ingenuity of the -criminal mind in trying to overcome the modern barriers for protecting -banks, counting houses, stores and Fifth avenue homes. - - - The Third Degree - -After a crook has been arrested and brought to Police Headquarters, and -the authorities believe that he possesses evidence that will convict -himself, or that he belongs to a “gang” of criminals that should be -safely landed in prison without delay, he is forthwith put through the -“third degree.” The men of the Detective Bureau make light of this star -chamber inquisitorial proceeding for the discovery of crime, and say -that it does not mean anything, but those who have passed through the -experience have a different tale to tell. - -When crooks conspire to defeat the ends of justice, all they have to do -is simply to keep “mum.” If there are three persons in a burglary or -safe-breaking job, as is often the case, and one gets caught, the other -two pool their interests and secure him a lawyer. - -As soon as the police have reason to believe that the man under arrest -is concealing valuable information, he is taken to Police Headquarters -on a short commitment. Perhaps they may put some wise “guy,” or “stool -pigeon” in the cell with him to get him to make a damaging statement -when he is off his guard. As near as can be learned from various -sources, the “third degree” is in the nature of a rigid examination, -perhaps like the torture which is still practised on “suspects” in -China, Russia and Turkey, to draw out a confession of guilt, even where -none exists. I asked several crooks to explain to me the nature of the -third degree, all of whom claimed to have gone through the experience at -different times. When I came to compare notes, I found they all told -almost the identical story. - -A man who spent more than two years in the Tombs on a murder charge was -put through the “third degree” both in the Fifth Street Station House -and at Police Headquarters. It is not customary to put a man through the -third degree in the station house, but this man claims to have been an -exception. The crook in question spent several nights in the cells in -the Fifth Street House, and spoke from experience. On the morning of the -day when he was taken to 300 Mulberry street, he said two plain clothes -men took him from a cell in the basement, and forthwith boxed his ears -and cuffed him unmercifully over the face for five minutes, or until he -became greatly excited and almost insane! After this, he was taken -upstairs to a room, a veritable sweat-box, where he was “piled” with -questions, one after another, for an hour, for the purpose, if possible, -of making him contradict himself. All the answers he gave during this -star-chamber investigation were taken down, and he was then compelled to -sign, or else have his face and ears boxed a second time. In reality the -signing of this document made him the author of a crime. In other words, -the “third degree” is simply giving to a crook a most unmerciful cuffing -and abusing, till his eyes are all discolored, and his face is covered -with blood, and he is more silly than sane. This is done that he may -confess all the details of his crime, and become an informer on those -who were in the job with him. This method is the torture of the Orient, -the thumbscrews of the Middle Ages, and is cruel and diabolical. - -Central Office men have said that the third degree was one of Inspector -Byrnes’ “hobbies,” as he resorted to it on all occasions. - -When it began to leak out in 1884 that Jake Sharp had bribed the Board -of Aldermen to transfer to his company the Broadway franchise, it was -found most difficult to secure any evidence to connect the guilty ones -with the crime. Inspector Byrnes, who was in the Detective Department at -the time, devised means whereby he was able with the aid of some of his -men, to entice one of the “boodlers” to a Sixth avenue restaurant, where -the flow of wine unloosed his tongue, and where he admitted that he had -sold his vote to Jake Sharp for five thousand dollars. Inspector Byrnes, -who was on the premises behind a screen, hidden from view, had all the -admissions taken down, and they were used to convict the “boodler” and -send him to State Prison. - -After this “boodler’s” arrest, and he was taken to Headquarters, Byrnes -put him through the “third degree”; when he saw the answers and -admissions he had made in the Sixth avenue restaurant in cold type, he -broke down. - -Whether the police are justified for the various uses to which they put -the “third degree” in ferreting out crime, I am not in a position to -state. When I asked a “cop” why they hit those fellows who passed -through the “third degree,” he replied: “You know crooks are the worst -kind of liars; unless the police gave them a moderate cuffing, they -would tell them a fake story which it would be a waste of time to listen -to.” - -Some men do not blame the police for a moderate use of the “third -degree” in order to discover crime, but where to draw the line is a most -difficult thing. Judging from Professor Munsterburg’s protest against -the “third degree” in his book, “On the Witness Stand,” Germany seems to -have a more diabolical thumbscrew system of the “third degree” than New -York. Says the German professor: - -“There are no longer any thumbscrews, but the lower orders of the police -have still uncounted means to make the prisoner’s life uncomfortable and -perhaps intolerable, and to break down his energy. A rat put secretly -into a woman’s cell may exhaust her nervous system and her inner -strength till she is unable to stick to her story. The dazzling light, -and the cold-water hose, and the secret blow still seem to serve, even -if nine-tenths of the newspaper stories of the ‘third degree’ are -exaggrated. Worst of all are the brutal shocks given with fiendish -cruelty to the terrified imagination of the suspect. Decent public -opinion stands firmly again such barbarism; and this opposition springs -not only from sentimental horror and from aesthetic disgust; stronger, -perhaps, than either of these is the instinctive conviction that the -method is ineffective in bringing out the real truth. At all times -innocent men have been accused by the tortured ones, crimes which were -never committed have been confessed, infamous lies have been invented, -to satisfy the demands of the torturers. Under pain and fear, a man may -make any admission which will relieve his suffering, and, still more -misleading, his mind may lose the power to discriminate between illusion -and real memory.” - -[Illustration: - - Putting a Crook through the Third Degree at Police Headquarters.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XXII - - THE CITY GANGS - - -For over sixty years the people of New York have been afflicted with -mercenary bands of lawless thieves and hoodlums who are known to the -authorities as “Gangs.” The only justification for their existence is -robbery, murder and revenge. They fight their murderous battles on the -streets of the city, and during the melee assault and rob the people, -after which they flee with the plunder. Whenever they get into trouble, -the alderman, district captain or some other ward “heeler” comes to -their rescue, and they in turn do good service for him on election day -as repeaters, stuffing ballot boxes, and assaulting voters. Each gang is -supposed to belong to some political party, who are able to wield -considerable “pull” in time of trouble. - -More than once they were responsible for a reign of terror in many parts -of the city. They were known to the police as “gangs,” perhaps on -account of their clannishness, for whenever they participated in any -local fight or riot, they usually stuck together and fought like tigers -for what they called their own rights. It is more than likely that some -of the gangs were bound together by an oath which placed each member -under pains and penalties not to reveal their secrets. Whatever these -oaths were, we are unable to say, but we hardly think they were as rigid -as the oaths of the Molly Maguires or the Mafia? - -The police records of the old New York gangs of fifty years ago, show -them to be mercenary, corrupt and dissipated, and often revelling in -riot and bloodshed; and when they desired to carry out their evil -purposes, they did not scruple at robbery or murder. For years they have -had full sway in the city on account of politics, but when their conduct -became unbearable, and oppressive, and all irenic measures failed to -break them up, the police were appealed to, came upon them unexpectedly, -clubbed the leaders, and sent many of them to prison for long and short -terms. - -The most notorious of these predatory bands was known as the Whyo Gang. -They usually “hung out” in the vicinity of the Five Points, Baxter, -Leonard and Centre streets. This part of the city was then known in -police parlance as “The Bloody Sixth Precinct.” For nearly a hundred -years, crimes of every description, including a large number of -robberies, burglaries and holdups had been committed here. For nearly -three-quarters of a century, the Sixth Precinct was known as the hotbed -of crime, and the Whyo Gang found it a profitable field for their -labors. - -The Whyo Gang was made up of young pickpockets and thieves of the worst -character, and many of them, if not all, spent years in jail. Two -leaders of the Whyo Gang, Dannie Lyons and Dannie Driscoll, were -convicted of the crime of murder, and hanged in the yard of the Tombs -Prison. Lyons was executed August 21st, 1886, and Driscoll January 23d, -1888. The gang had robbed and murdered scores of inoffensive people on -the streets of the city, whose untimely end will always remain a -mystery. - -“The Bloody Sixth” no longer carries the same reputation it did forty -years ago. No doubt much that was said and written of it was not all -true; nevertheless, it furnished more murders than any other five city -wards. It ought to be remembered that the “Sixth” contains the Five -Points, Mulberry Bend, the Criminal Courts Building, and the Tombs -Prison, where so many “tough” characters are harbored? The population at -the present time consists largely of Italians, Jews, Polaks and Chinese. -It has a great many squalid tenements, low dives, groggeries, gin mills -and several opium dens. - -The Slaughter House Gang held forth in the Fourth Ward, and had its -headquarters over a squalid gin mill at the corner of Water street and -James Slip. It was run by a band of desperate characters, who terrorized -the neighboring water fronts. Captain Allaire took energetic means to -break it up, and succeeded only when he landed the piratical ring -leaders in prison. - -The Cochran Roost Gang held forth at the corner of East Thirty-sixth -street and First avenue. It is said that this gang had pledged -themselves to kill policemen on sight. They laid wait for young and -inexperienced policemen on dark nights with bricks and stones in their -pockets. They usually hid themselves in alleyways and flat roofs, and -many sanguinary battles took place between them and the police, in which -they were usually worsted. Their headquarters were reached by climbing a -broken down staircase or ladder, which they could hoist up with a rope, -which led to an old shanty on the corner of First avenue and -Thirty-sixth street; hence the name, Cochran’s Roost. - -Handsome Harry Carlton, the last man who had the “honor” of being hanged -in the yard of the Tombs Prison, December 5th, 1889, prior to the -installation of the Electric Chair in Sing Sing Prison, was known as one -of the brilliant lights of the Cochran’s Roost Gang. - -The gang known as “The Forty Thieves” held forth at Forty-second street -and Eleventh avenue. They had a local notoriety. - -The Hell’s Kitchen Gang had their headquarters on Thirty-ninth street -and Eleventh avenue. They usually fought negroes with guns, while the -negroes in turn fought them with razors. The negroes and whites are far -from being friendly in this neighborhood, and many battles have taken -place in recent years. - -The Gas House Gang was on Eighteenth street, near First avenue. - -The Poverty Hollow Gang and the Dead Rabbit Gang were both on the East -Side, in the neighborhood of Thirty-fourth street and Avenue A. - -The two murderous associations of recent times are the Paul Kelly and -Monk Eastman Gangs. The former held out on Cherry Hill, while the latter -had their clubhouse on Stanton street, near the Bowery. A noted police -official of experience, in speaking of the many efforts to break up the -Monk Eastman and Paul Kelly Gangs, said that when these murderous -ruffians were arrested by the police and taken before certain -magistrates, the “pull” they exercised was so great that nothing could -be done to them. As long as these gangs existed, it was impossible to -have an honest election in New York. In later years they belonged to -powerful political organizations, and were used for the purpose of -controlling the city and State elections. - -A few years ago Monk Eastman and some of his “pals” were sent to Sing -Sing for a term of years for assault and robbery. The organization is -still in existence, but is quiet. - -The other leader, Paul Kelly, died some time ago of wounds received in a -street battle. On his death bed he refused to say who shot him, but he -left it with the members of the gang, when they come out of prison, to -avenge his death. - -The most recent criminal band that has sprung into prominence the past -few years, is known as the _Five Points Gang_. During the hot summer -spell they start out at night, robbing and assaulting East Side -storekeepers, and people who are asleep around their doors. In one night -they were able to get away with more than two thousand dollars. Several -of the gang are now in prison, while many of the leaders are still at -large. - -Party politics is the one thing that fosters the Gang System in New -York. As soon as the police arrest any of the gang leaders, they are -aided in court by District Captains and leaders who have a solid pull -with the Magistrate or Judge. After their discharge, they repeat the -same lawlessness, until some person gets killed, when they are sent to -prison. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXIII - - CRIMINAL TRIALS AND THE GLORIOUS UNCERTAINTY OF THE LAW - - Celebrated Cases—Speedy Trials for Homicides—Lax - Conditions of Our Courts—Greasing the Machinery - of the Law—Crooks at the Bar—A Noted - Criminal Lawyer—Strange Sentences - - -Almost every year, New York witnesses a noted criminal trial, which -frequently becomes a sensation in the community. For weeks beforehand -the newspapers give an excruciating account of all the horrors of the -case—involving the past history of the defendant; nor do they fail to -drag in his father, mother, uncles and aunts, besides his business -relations. When the day of trial comes, if the defendant happens to be -at the bar for murder or some other noted crime, all the sickening -details are re-hashed in the evening and morning papers. Sometimes the -trial lasts from one week to three months, dragging itself slowly along, -till everybody in the city becomes disgusted. All this, of course, is -distinctively American, and as the people call for it, they are sure to -get it. The New York editors are great literary caterers, and seem to -know how to satisfy such depraved tastes. It has come to be an admitted -fact that a criminal trial in New York is a most exciting experience, -and for a time stirs the community, making it the main topic of interest -at meals, clubs and society gatherings. - -[Illustration: - - Criminal Branch of the Supreme Court on Centre Street, where the great - murder trials of the past decade took place.] - -To watch the selection of the jury, and see panel after panel of -intelligent men excused on the flimsiest grounds, is enough to make the -Goddess of Justice open her eyes and weep. - -During the past twelve years we have witnessed some of the most tragic -murder trials in the history of the New York Bar, in which money and -brains were used on both sides. When Roland B. Molineux, Dr. Kennedy, -Albert T. Patrick and Harry K. Thaw were placed on trial, the courts -were thronged daily with gaping crowds of men and women, breaking their -necks to get a look at the defendants, and using all sorts of “pulls” to -secure a seat in the court. - -And as the jury is called and examined one by one, to read their real -character as depicted on their faces when they take their seats to -decide the fate of some weakling, a good judge of human nature can -readily discern the result of the trial long before it is finished. -Then, listen to the testimony that is presented; hear the lawyers -wrangle for and against the prisoner, and, finally, watch the judge as -he charges the jury, and then see the prisoner as he stands at the bar -for sentence or acquittal. All this becomes a fearfully interesting -piece of realism. - -But the glorious uncertainty of the law leaves so many loopholes for the -real criminal to escape punishment, and the innocent to get a term of -imprisonment, that some of the rulings made in our courts are tragic -enough to make angels weep. - -Some time ago, a rich murderer was tried in this city. His defence was -one that no Court in the land recognizes, viz.: the unwritten law. -During the trial, one medical expert said that the defendant suffered -from “brain storms.” In a more recent murder trial, the only defence -offered was “Confusional Insanity,” all of which is simply a foolish way -of trying to “beat” the case. - -We could name a dozen of well known characters whose crimes have been -heralded all over the land, who were sent to the death house, but after -a couple of years, when the Court of Appeals decided that they should -have another trial on a mere technicality, returned to the Tombs, and -after a few abortive efforts to convict them a second time, were -liberated, as the important witnesses were dead, or could not be found. -It is difficult to say wherein lies the trouble. But with our present -elective system, we are apt to get some very poor material as Judges. -They lack educational and experimental qualifications. Nor can we -abolish the right of appeal because some judges make foolish rulings. -With such judicial material on the bench, the right of appeal is our -only safety valve, and must be retained. - -There is a widespread feeling in our day that many trials are only a -huge farce, and the “unwritten law,” “benefit of the doubt,” and -“long-drawn-out hypothetical questions” in a large number of cases are -allowed to defeat the ends of justice. - -In regard to homicides, nothing would appeal to the good sense of the -community after an atrocious murder has been committed more than to give -the murderer a speedy trial and summary justice. It is all “humbug” to -keep a murderer shut up in the Tombs from six months to a year before -trying him. When he goes forth to trial, if the witnesses are not all -dead, they have forgotten nearly all of what was once fresh in their -memory. Let there be speedy trials and quick punishment for all kinds of -crime. This will deter others from following the footsteps of evil -doers. In murder cases it would be well also if capital punishment were -abolished, and life imprisonment substituted. - -In nearly all the advanced countries of Europe, in criminal trials, -swift justice is the order of the day. - -In Great Britain there are no long-drawn-out trials. Nor will the judges -allow delays on mere technicalities. Each case is decided on its own -merits. - -As a rule, the presiding judge exercises full control over the case, and -as a result everything is done with quickness and dispatch, and the -higher courts uphold such rulings. - -In speaking of the lax conditions of our courts, a recent writer says: -“The machinery of our courts seems to be passing slowly and inevitably -into disrepute. Processes wrought out by wise and noble-minded men for -the protection of life and property and the dispensation of justice, -have been seized upon again and again by unscrupulous pettifoggers, and -every technicality of the entire legal procedure has been converted into -a loophole through which some scalawag has escaped. The country swarms -with unhung murderers, and with thieves who walk the streets at noon -unmanacled, who ought to be wearing striped suits inside of prison -walls. When murder trials drag their weary lengths through the -disgusting weeks and months of the year, only to end at last in a new -trial, or in a pardon issued by some sentimental fool who has reached -the Governor’s chair, is it to be wondered at that hot-headed men lose -respect for statutes and judges and begin to talk of taking the law into -their own hands? It is high time that our judges and lawyers were awake, -and took measures to reform the present processes of criminal -jurisprudence so as to make the punishment of crime both swift and -certain.” - -It is a great mistake to shield rich criminals from their just desserts, -as is sometimes done. Punishment should be meted out to all alike at all -hazards, else it will have no terrors for the wrongdoer. Criminals must -be impressed with the dignity and majesty of the law—no matter what is -their social or commercial standing. - -A few years ago, Roland B. Molineux had a hard battle for his liberty. -He was always brave and optimistic, and believed all alone that in the -end he would be vindicated. He must have spent about twenty months in -the Tombs, and the same length of time in the death house awaiting the -decision of the Court of Appeals. As I had always taken a deep interest -in the young man, I called to see him in the death house. Here he -manifested the same hopeful spirit he had shown all along. During his -long confinement it looked sometimes as if fate was conspiring against -him, but thanks to his gritty father, who stuck so nobly by him, and the -matchless eloquence of Governor Black, the undisputed Demosthenes of the -New York Bar, he was finally acquitted. In this trial, which was fairly -conducted, Governor Black was master of the situation, and conquered. -From this time, either in civil or criminal trials, the Governor was the -peer of any lawyer in the land. It must also be said that there was -another gentleman, who filled no inconspicuous part in the vindication -of Molineux, and that was Judge Olcott, who was a peacemaker and -diplomat of the highest order. - - - Greasing the Machinery of the Law - -Frequently the prosecutor in a criminal court, under the cloak of having -a duty to perform, proceeds to do it with the vengeance of a fiend, and -the bias and prejudice of a persecutor, and perhaps with murder in his -heart. - -Nor are we without numerous instances where the prosecutor or some of -his assistants have been known to “gear” the machinery of the law so as -to convict some unfortunate of a crime of which there was absolutely no -evidence, except what was manufactured for the occasion. In doing such -work, the police can always be relied upon for a certain amount of help, -which they never fail to give. Then there is in every community certain -degenerates, including emotional and hysterical men and women, ready to -swear to anything asked of them, and who spring into fame during a -sensational trial, not to mention the professional juror who draws two -dollars a day for sitting around the court house, who is largely -dependent on the public prosecutor for his sinecure. - -There are thousands of people who all their lives have been the victims -of cruelty, oppression and malicious persecution, but real justice they -have not known. There are innocent men in nearly all of our penal -institutions, who have suffered because of false swearers. They may -appeal to an Executive, even a righteous one, who has so many -intolerable conscientious scruples on the question of pardoning crooks -that the poor, friendless prisoner is allowed to rot in prison, so that -the righteous Governor may make no mistake. - -But the innocent have this consolation, that their case has been sent up -to Heaven’s Court of Appeals, where in God’s good time a just verdict -will be rendered in their favor. - -But what a crime it is to send an unfortunate to the Electric Chair, or -State Prison for life, or even a limited term in jail, on manufactured -evidence or opinions of an alienist, or a handwriting expert, who are -given large fees for their testimony! Handwriting experts have made so -many mistakes in the past that it is absolutely impossible to believe -them. They may think themselves famous as interpreters of dots, curves, -right angles and horizontal lines, but they cannot positively tell -whether John Doe or John Jones wrote the document, and human opinions -are not evidence. It is certainly a miscarriage of justice to convict -any man or woman on such absurd testimony. If you have plenty of money, -you can prove anything you please by the use of such expert testimony, -or disprove it. But without the most absolute corroboration, expert -testimony is worthless. - - - Crooks at the Bar of Justice - -The day of judgment for New York criminals usually falls on Friday. It -not only brings many surprises, but hidden things long forgotten are -brought to light. Between the day of a man’s conviction and the day when -sentence is passed, the officers of the law have an opportunity to look -up his record, and report him in the true light to the judge. When he -comes to the bar for sentence, the court has his life mapped out on -paper. As soon as the judge begins to question the prisoner, his -character for truthfulness is put to the test. Crooks who are as a rule -notorious liars have poor memories. No matter how cumulative their guilt -is, they are always innocent! - -It is interesting to watch the proceedings when some scamp has come up -for sentence. A good deal of stage work is done in Court for the effect -it has on those present. The female relatives are on hand, weeping like -steam engines, while the prisoner at the bar, who has made many -promises, is as hard as a stone. Some of the men up for sentence are -salesmen, confidential clerks and secretaries, who, when they lose at -the races, steal big sums from their employers, and then have their -friends “pull social and political wires” to get them out of their -troubles; while the poor mechanic or day laborer who steals eight or ten -dollars to keep the wolf from the door, has not a friend in the world, -and usually gets a “soaking” when he comes to the bar. Perhaps his wife -or mother has been to see the judge at his home, where she has created a -“scene,” but it has done no good; he has got to go to prison. Not long -since, Judge Cowing, one of the best of the General Session judges (now -retired), said to a young man who had been before him on two former -occasions: “You have been in Elmira and Sing Sing, and here you are -again. Where are you going to end up? Your mother came to my house last -night. Poor woman, I felt - -[Illustration: - - Hon. JOHN F. McINTYRE. - A noted criminal lawyer] - -[Illustration: - - _Copyright. I. & M. Stienberg. N. Y._ - Justice J. A. Blanchard] - -[Illustration: - - Justice J. W. Goff] - -sorry for her; but you show no feeling whatever. What’s the matter with -you? If I should grant the requests of friends for everyone who has a -good mother, the people would soon ask me to retire from the bench -altogether.” This is true. The judge must send the young prodigal to -prison to deter others. - -Here is what another judge said of a young man who stole $15,000 from an -employer. The firm had only charged him with stealing a much smaller -sum, but when they examined their books, they found it a small fortune. -It was spent mostly on the races. His wife and three small children were -in court, asking for clemency: “I have been on the bench,” said His -Honor, “many years, and have had many a sad case, but there is none -sadder than the one I am now called upon to dispose of. The great -trouble in such cases is that you are compelled to inflict punishment -upon people who do not deserve it—I mean the wives and children of men -charged with crime.” - - - Noted Criminal Lawyers - -One of the most noted criminal lawyers of the New York bar for thirty or -forty years was the late William F. Howe, better known as “Bill” Howe. I -have often heard him plead eloquently at the bar, and with great -success. Howe was a typical advocate, and put his soul into his client’s -defence. He was humorous, pathetic and magnetic before a jury. When he -understood the case thoroughly he became a powerful pleader. It is said -that he frequently was moved to tears by his own eloquence, and was -always able to draw tears from the most unsympathetic jury. He was -called by a certain District Attorney “The Weeping Bill Howe.” - -A story is told of Howe’s tears in connection with a case in which he -appeared for the defendant, before Recorder-Hackett. Mr. Howe had just -succeeded by his eloquence, aided by his tears, in obtaining in rapid -succession the acquittal of several men charged with homicide. The -Recorder was somewhat disgruntled. Howe entered upon the defence of a -woman charged with homicide. She was seated with her child on her knees. -While Howe was pleading for her acquittal, he was seen to scowl at his -client. She gazed at him in blank amazement. Howe moved up closer to her -and the baby. Suddenly the baby began to cry. Howe wept as the baby’s -screams suddenly ceased. Recorder Hackett looked up with a smile and -remarked: “Mr. Howe, you had better give the baby another jab with a -pin.” - -Stories are told around the Criminal Courts Building of lawyers who -received retainers from well known crooks in the shape of stolen -jewelry. A lawyer who used to be a frequent visitor at the Tombs -defended a crook in return for a diamond pin which he had received for -his services. After he had convinced the jury that his client was -innocent, he wore the stolen pin in his necktie. - -John F. McIntyre is one of the best of our criminal lawyers. He always -puts up a strong fight for his client. This is the one thing that -appeals to a jury. An intelligent juror can easily tell if a lawyer is -simply a “hired attorney” or a real advocate. Moore, who defended “Doc” -Kennedy, is another of that kind. When a lawyer appeals to a jury as if -he meant it, good results are sure to follow. Among a score of noted New -York criminal lawyers might be mentioned Abraham Levy and James W. -Osborne. - - - Strange Sentences - -During many years of careful observation, I have seen some strange -sentences. If you are poor and have a mean enemy, with the aid of the -police, he can inflict great injury on you! - -I knew the case of a young man, who found some worthless junk wire -outside a factory, and was sent away for a year. In the next cell was a -crook with a “record” who was aided by a cop, and a crooked lawyer. He -stole a thousand dollars. His “bit” was only six months. - -Another fellow who swindled several dry goods stores out of $17,000, was -allowed to plead to petty larceny. He got off cheap—only six months. - -Such travesties of justice have often been witnessed in New York. -Indeed, men and women have been known to conspire with lawyers and -others to send innocent persons to prison, and they have succeeded! - -I knew well the case of John H. While he was in prison, his wife -suddenly became the friend of a certain police official. After he had -secured his liberty he was informed that he must keep away from his old -home. Soon after he was arrested, charged with a crime of which he was -entirely innocent. When he went to Part I, General Sessions, to plead, a -legal pettifogger who was sent there by this man’s wife stepped up and -informed him that he would take his case. He did so, and without -consulting him entered a plea of guilty. He was then sentenced to six -years’ imprisonment. He found out afterwards that it was a conspiracy to -get him out of the way. It was a success. - -I recall the case of an Italian who was charged with the murder of his -wife. He was caught “red-handed,” and two of his children told the -coroner that they saw him do the deed. John F. McIntyre ably represented -the people, and Judge Fursman presided in the Criminal Branch of the -Supreme Court. When the case came to trial, the Italian children had -evidently been tipped off to forget all about it. As they had manifested -entire ignorance and forgetfulness of the crime, and could not remember -a word of what they told the police and the coroner, the murderer was -allowed to go scot free! - -We knew a man who stole $40,000, and yet received a suspended sentence. -But this should be said, that the money was taken to save another man, -and not himself, and the deficiency was made good. Perhaps it was only -fair that the sentence be suspended. We know two young men who were in -the Boys’ Prison at the same time. One stole $10,000, the other just one -dollar. The lad that stole the ten thousand dollars had his friends make -restitution, then the complainant recommended extreme leniency. In view -of his former good character, the court gave him a suspended sentence. -The boy who stole one dollar had been in prison and was out on parole. -For this new crime he was sent to the House of Refuge. - -There is the case of a young man named Sullivan, who stole a tray of -valuable jewelry from a Columbus avenue house. A morning paper commented -freely on the “pull” that gave the prisoner a suspended sentence. The -owner of the store did not relish the thief getting off so easy. In -speaking of the affair he said: “The next time a thief visits my place, -I will make no effort to bring him to justice. What is the use, if he is -let go after his guilt has been clearly established? The robbery was -carefully planned, and was well carried out. The Court should have given -the thief a medal. Why not?” - -While chaplain, I was sent for by an unfortunate girl, an inmate of the -Women’s Prison. She had the usual tale of disappointment and misplaced -confidence to tell, which was full of sadness. Most girls, strangers in -New York, and far from home, have usually a hard road to travel. After I -heard her story, I remembered that there was a prominent lawyer in the -city that came from the same place of which she was a native. The -gentleman was an ex-Assistant District Attorney. I felt if I could only -get him interested in the case, she would have a better chance of -securing her liberty. I made a personal call on the gentleman. He had -spacious offices in the vicinity of Wall Street. As soon as I had -mentioned this young woman’s name, he at once recognized it. Indeed, he -had been intimate with the family for years, and was willing to do -anything for her. All of which was very encouraging. I then asked him to -make a note of the date when she came up for sentence. At my suggestion -he called one of the stenographers to make a memorandum. “Mary Ann,” -said my legal friend, “make a note of this,” and looking very pious, he -said, “I do this for the love of God; yes, I do this for the love of -God.” By this time the clerks and typewriters began to snicker and -laugh. Just as I had expected, all this pious talk did not amount to -anything. The poor girl was finally sent away to one of our -institutions. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXIV - - CRIMINAL BRANCH OF THE SUPREME COURT - - -When on January 1st, 1896, the present Constitution of the State of New -York took effect, there went out of existence the Court of Oyer and -Terminer—a court whose quaint name accorded well with its interesting -history and associations. - -It was an exclusively criminal court, closely allied to the Supreme -Court, and although unlike the “Circuit Court” not strictly a part of -it, its judges were Supreme Court Justices assigned to hold it and -interlocutory proceedings in actions pending therein were taken in the -Supreme Court. - -The Supreme Court is now the highest court in this State having original -jurisdiction—that is, having the power to hear the evidence in and -determine actions commenced therein or removed thereto from an inferior -court, as distinguished from the right to review on appeal. It may take -cognizance of all manner of civil and criminal actions and proceedings -triable in a State Court, except the impeachment of public officials, of -which a quasi-criminal court—the Court for the Trial of -Impeachments—alone has jurisdiction. - -In New York County, one part of the Supreme Court is usually devoted to -the trial of criminal actions, and that part ordinarily sits each month -in the year, except July, August and September. - -Cases that, because of the nature or circumstances of the crime charged -or the prominence of the persons involved, are of particular public -interest or importance are usually tried in the Supreme Court. - -There are material advantages to the accused in being tried in this -court. The proceedings are apt to be more deliberate. The justices are -experts in Civil Law, and have the advantage of the training which -results from contact with the best legal minds and the consideration of -the many difficult and important questions that arise in civil practice. - -The range of the criminal law as compared with the civil, is very -narrow. The experience of the practitioner at the criminal bar tends to -develop forensic rather than reasoning faculties; to narrow the mind and -sharpen the wits, rather than broaden and deepen the intellect; to make -alert, cunning, effective cross-examiners and wielders of -technicalities, rather than strong logicians, quick in the discernment -of fundamental principles, and ready in their application to the case in -hand. - -Constant contact with the criminal classes, either as an advocate or in -the exercise of judicial functions, has a tendency to deaden the -sympathies, to lead to a complaisant view of the criminal as something -inevitable, and to an indifference to the suffering that flows from his -punishment. It results in an intuition and a preception of criminality -in acts and persons where it frequently does not exist—in an unconscious -predisposition to discover something sinister and evil in what may be -innocent or merely injudicious. - -It is not a slur on the gentlemen who, with marked ability, untiring -industry and sincere conscientiousness dispense justice in other -criminal courts to say that the Supreme Court justices who hold criminal -terms of that court are their superiors in the qualities that make a -good judge, because of their wider experience and consequently better -judicial qualification, and because of their freedom from bias against -the accused, except such as may be temperamental. - -Variety in thinking is essential to the best mental effort. Contact with -many minds develops the mentality. A judge of a court exclusively -criminal meets but few members of the legal profession, and confines his -attention to a very small range of subjects. If he grows intellectually, -it is because he wanders outside of the four walls of his judicial -duties. How much better it would be if his field of effort were -enlarged, so that his work would increase rather than contract his -capacities. It is not for us to suggest a remedy, although one could -readily be found, so far as the higher courts are concerned, in the -merging of the Court of General Sessions in the Supreme Court, and the -holding of a greater number of parts of that court for the trial of -criminal cases. - - - The Court of General Sessions - -The Court of General Sessions of the Peace of New York County devotes -its entire time to criminal matters. It is English in origin, and was -established by them after they became masters of the colonies in the -latter part of the seventeenth century. The prototype of the Court of -General Sessions is found in all the counties of England, and is known -as the Court of Quarter Sessions. Since this court was established in -New York County, it has undergone many changes. At first, like its -prototype, its sessions were held quarterly, but with the immense growth -of criminal business in New York, its sessions are now held daily, with -the exception of Saturday. - -[Illustration: - - Beginning on the left, Judges Rosalsky, Foster and Crane, of the Court - of General Sessions, New York.] - -At present there are five parts of this Court that are in session nine -months in the year. During the summer months two of the Courts close, -which permits each judge to take a vacation. In each Court the District -Attorney keeps two assistants, who prosecute all cases in the name of -the people. - -The General Session Judges at present are as follows: Judges Foster, -Rosalsky, O’Sullivan, Mulqueen, Crain and Swann. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXV - - SCENES IN OUR POLICE COURTS - - -As is well known, the Police Court is the sorting Criminal Bureau of the -city, where the murderer, highwayman, thief and burglar come to be -classified. It is here that the criminal is confronted with the visible -forms of law, and where the evidences of his guilt become so convincing -as to be conclusive. All over the five Boroughs of Greater New York, the -Magistrates sit in rotation in the various courts. - -Every morning the police gather their prisoners into the court “pens,” -where the Magistrate presides. After this, the prisoner is placed at the -bar, where he is compelled to answer the question whether he is guilty -or not guilty? In all of these courts, the wheels of justice move -swiftly against wrongdoers, and frequently so fast that the innocent has -a chance of being locked up for several days, without redress. - -No one can be a spectator of what transpires in these petty courts -during a morning session, without being deeply impressed, not only with -the character of the business done, but the variety of the persons that -come before the court. That the proceedings are genuinely realistic goes -without saying. The work done in the Tombs Police Court may be taken as -a fair example of what is done elsewhere, although it usually does twice -as much business as is done in any other court in Greater New York. - -The Magistrate’s Courts are supposed to be open for business as early as -nine a. m. and continue in session till four p. m. Sundays and holidays -are excepted, when there is only a morning session. Through the earnest -work of Judge Whitman, a Night Court has been established in Manhattan, -for the purpose of putting the professional bondsman out of business! - -Lawyers are not necessary on either side in the Police Court, as the -dignity of His Honor can be maintained and the interests of both sides -conserved without a paid attorney. In some courts, a big crook with a -crowd of ward politicians around him, has a splendid chance of getting -clear, while the innocent moneyless unfortunate gets scarcely any -consideration. - -Powerful moneyed interests and political gamblers when brought to court -and backed by an array of counsel known to the judge are sure to get -some consideration. But this is what might be expected, and often -strange things take place in the Police Court. - - “The law condemns the man or woman - Who steals the goose from off the Common; - But lets the greater felon loose, - Who steals the Common from the goose.” - -The political “pull” has always been a power when exercised either by a -Tammany judge or a “reformer,” as the supporters of both classes do -their best to help their friends and spite their enemies! A few years -ago I succeeded in closing a notorious gin mill in the lower part of the -city, but not till I laid the matter before the Police Commissioner. -Finally the law breaker was arrested and taken to the Tombs Court, where -he pleaded not guilty. After a brief examination, the Tammany Magistrate -discharged him, when he learned that the police went to the saloon on -Sunday morning, and were admitted as sailors, with oilskins over their -heads. Both Commissioners McAdoo and Bingham have criticised the -Magistrates for discharging guilty crooks who ought to have been sent to -prison. - -Not a great while ago, a religious editor went to a reform Magistrate -whom he had known in connection with charity work, and secured the -discharge of an old crook that ought to have been sent to Sing Sing. The -preacher told me afterwards that the work had to be done not in open -court, but in the inner sanctum. If the reporters knew what had taken -place, said this man, both of us would have been “roasted.” Investigator -Mitchell has been able to unearth many things that would not stand the -light of day. But they are done with the best intentions. - -Here is a sample of Police Court realism: - -“Patrick McShane,” said the Magistrate to a Hibernian defendant; -“Patrick, what have you to say for yourself?” “I was not drunk, Your -Honor,” said Paddy; “I was only sick.” “Loan the city two dollars, and -go in peace,” said the Magistrate. - -“Mickey Maguire, what have you to say for yourself?” “The officer found -you trying to converse with a lamp post at one a. m. What was the matter -with you?” Mickey replied, “Well, Your Honor, I am a fireman on the City -of Rome and me ship goes out to-morrow.” “Discharged,” said the Judge. -But Maguire was an old time liar. He had only been liberated from the -Tombs the day before by the help of a missionary, who put him on a -Pennsylvania ferry boat with the intention of going to see a “fake” -brother-in-law in Trenton, N. J., but Maguire returned the same night -and became helplessly drunk on West Street and was then “run in” by a -cop. Keeper John Smith was in court at the time and saw the whole -transaction and almost fell over in a faint when he heard Maguire tell -so many lies to gain his liberty. - -The common drunk and disorderly cases are frequently disposed of with -lightning rapidity in most of police courts. Sometimes fifty and even -seventy-five cases come before the Magistrate at a morning sitting, -besides a dozen of felony cases that must receive a large amount of -attention before he is able to arrive at the truth and decide whether he -can send the prisoner to the grand jury or discharge him. - -There is a woman with a child in her arms who charges her husband with -non-support. Both use strong drink and are to blame for making the home -a pandemonium. The magistrate tries to have them go home and stop -drinking, for if the husband is sent to prison, what will become of the -children? They return home to do better. - -Here is a boy, sixteen years old, charged with stealing two pounds of -old lead, worth about seven cents. The magistrate tries to settle the -case with honor to both parties. The complainant refuses. He insists on -“Shylock” justice. Finally the lad is sent to the Boys’ Prison in the -Tombs. Poor boy, his career is blasted for two pounds of old lead, all -because the hard hearted complainant shows no mercy! - -Frequently there are lined up in the magistrate’s court thirty to forty -bleared-eyed, disheveled hair, filthy, tipsy men and women, the -offscourings of the city—made so by the city gin mill! I have often -asked why the wise sages that run our Legislature do not put the whiskey -and beer shops out of business, which would end most of the wretched -scenes found in our police courts. - -A frequent matter of injustice in our police courts is the treatment -accorded the Italian, Greek and Jewish peddlers and push cart men. -Although they are licensed by the city and compelled to carry a badge, -hardly a day goes by without a score of them being hauled to court on -the most flimsy charge. Indeed, every obstacle is put in their way to -prevent them from earning an honest dollar. The city ordinance prevents -them from standing more than ten minutes in one place. Often they are -arrested before they are five minutes in a place. If you stand around -Park Row you can see a dozen of these men picked up daily, while the -notorious pool rooms and gambling hells of the city are in full blast. - -Intoxication and disorderly conduct cases receive the least -consideration. And then everything depends on what the policeman says -against the defendant, but the presumption is that he is guilty. What we -object to is that the magistrate allows the officer to whisper something -into his ear, that the defendant knows nothing whatever about and is not -related to the case, but that thing is usually the basis of the -sentence. I hope that the day will come when the officer that makes the -arrest will place the rum-seller at the bar with the “drunk” and make -him responsible for the “output” of his own saloon. Indeed, whenever a -policeman finds a “drunk” within a hundred feet of a saloon, it should -be his duty to arrest the saloon-keeper who sold the liquor. Why not? As -the officer on post gets all his “drinks” free at the saloon, which is -only bribery in a mild form, it would be manifestly improper for him to -give any other testimony in the proceedings other than favorable to the -rum-seller, and this makes his relation to the case nothing short of a -scandal! Almost every day some persons are robbed and flim-flammed in -scores of city saloons. If they offer any protest or even ask for the -return of their money they are forthwith “fired” to the street. -Sometimes the victim is beaten into insensibility and left bleeding on -the sidewalk. Soon a policeman comes along. He arrests the victim and -makes a charge of intoxication or disorderly conduct against him. But, -strange to say, nothing is done to the saloon-keeper and his assassins. -The bloated gin-mill keeper is allowed to continue his business -unmolested, and he waits for more victims. Good hearted people, and even -ministers of the gospel, waste a lot of “gush” on the poor, persecuted -saloon keeper, all of which is entirely uncalled for. - -Strong drink is the cause of more than two-thirds of all the business -transacted in the police courts. If we could only do away with this -curse there would be little work left for the magistrates. - -Some of our magistrates show wretched judgment in handling the “down and -out” unfortunates that frequent the police courts. Indeed, several sages -of the “reform brand” act strange in dealing with beginners as well as -habituals. With one or two magistrates almost every victim is sure of -six months on the island and there is little or no discrimination. If -this is what New York’s famous District Attorney had in mind when he -said: “To h—— with reform,” it seems to me he was justified in using the -expression. It is nothing short of a parody on justice to send a poor -laboring man or mechanic, the victim of the ubiquitous gin-mill, to -prison for six months for simple intoxication. For, as a rule, while he -is in prison, getting three square meals a day such as they are, his -wife and children are starving to death by slow process at home. - -Judge Rosalsky recently discharged two men in General Sessions and -scored the magistrate for such a foolish sentence. There are, however, -honorable exceptions. Some of our magistrates are very humane and show -excellent judgment in dealing with such persons. It seems to me that -several Tammany magistrates who have come up from the common people and -live in touch with them, show remarkable good sense in dealing with the -“drunk and disorderly” cases that come before them. - -It seems to me that Magistrates Finn and Breen, and for that matter -several others, show good sense in dealing with unfortunates. Instead of -sending every man “up” for six months, as some reform judges do, they -fine them a dollar and after they are sobered, let them go. To stay a -night in the stifling cell of a station house is punishment enough for -any man. Such magistrates are certainly merciful, and do much to help -the man fallen by the way! - -One other magistrate who seems to possess the judicial mind, always -careful, painstaking and just toward the unfortunate, is Judge Mayo, -when he was a City Magistrate. He is now a Special Session Judge, and as -I watched the proceedings in the Children’s Court, some time ago, where -he presided, I saw that he still holds his good qualities! - -Another gentleman for whom I always entertained the highest regard was -Magistrate Poole. I liked him for his open and sterling qualities and -often wished that more of his kind might adorn the magistrate’s bench. I -never knew him to turn down a genuine case of mercy in the hour of need. - -[Illustration: - - Old Police Headquarters, 300 Mulberry Street, N. Y. City.] - -[Illustration: - - The Bridge of Sighs, which connects the Tombs - with the criminal court building.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XXVI - - SHARKS AND SHYSTERS OF OUR CRIMINAL COURTS - - -Within recent years there seems to be a bad odor in all of our Criminal -Courts because of the sharp practices carried out by the “shyster” and -“harpies” of the law. Most of these men, if they are not inferior in -calibre to the other members of the bar, are intemperate in their -habits. And they are severely criticised by friends and foes for their -unjust dealings toward their clients. It is true, the modern lawyer is -brought into fierce conflict with some of the sharpest temptations of -the times, and are frequently drawn into the maelstrom from which they -seek to extricate other men less fortunate than themselves. Since -William Travers Jerome became District Attorney, he has sent more than a -score of lawyers to prison for various acts of dishonesty, and some of -them were men of prominence in the profession. - -In almost every walk of life, if professional men received money for -services which they promise to render and then do nothing, they are -liable to prosecution for false pretenses. When lawyers treat their -clients this way, they have much harsh criticism hurled at them, and -deservedly. - -It would be hard to estimate the number of persons who are continually -robbed of money and valuables by legal sharks and shysters around the -various courts of the city. Although complaints are made from time to -time against these thieves, nothing is done to stop it. It is a well -known fact that many of the lawyers that hang around these courts are of -the poorest quality, and are often glad to get whatever comes their way. -At any rate, these harpies of the law soon become adepts at “bleeding,” -every victim that falls into their hands, including the prisoner, his -family and friends. - -As soon as a “shyster” secures a victim the first thing he does is to -find out how much money he has on him. Then he demands a fee for his -services which must be paid on the spot. If the prisoner has no money -but has a gold watch, chain, ring or other jewelry it must be -surrendered and sent to the pawn shop and the money given to the lawyer. - -But if the prisoner has neither money nor jewelry, then he must give the -names and addresses of his friends or relatives who are requested to -furnish money for his defense. The shyster usually alarms the friends of -the prisoner by telling them it is a hard case and expressing the -opinion that he may be sent away for a long term of years. All this is -done to deceive and make sure of a large fee. - -In a great many cases the dishonest shyster intimates that he has a -“pull” with the Judge or the District Attorney, to turn the prisoner on -the street as soon as he gets a goodly fee, which may be a hundred -dollars or five hundred dollars; not only do his promises to the -prisoner prove to be absolutely false, but as soon as the shyster has -entirely fleeced his victim he abandons the case, leaving the poor -defenceless prisoner to the mercy of some other legal shark like -himself. - -A shyster who practices at Jefferson Market secured $75.00 from a -prisoner on the strength of a promise to get him out of prison in two -days. After he received the money he never came near him again. This is -very common police court ethics. - -When this same prisoner came to the Tombs he fell into the hands of -another legal shark, who on the strength of a solemn promise to get him -free within forty-eight hours, or at the furthest in a few days, made -him sign over $80 cash which he had in the savings bank. When this last -lawyer secured all his money he left him in the lurch like shyster No. -1. I know all about this case and am of the opinion that both of these -lawyers should have been sent to prison and the defendant set free. - -A man charged with murder and afterwards sent to the death house was -given a lawyer through a “steering policeman.” The prisoner had just -come out of the coroner’s office when the cop informed him that a lawyer -would be sent to him by one of his friends, although he did not have a -friend in the country. In less than an hour a young East Side “shyster” -came to the Tombs, had him sign a paper retaining him as his attorney, -and in this way secured the State’s allowance of five hundred dollars -for the prisoner’s defense. This was the man’s ruin. The policeman -doubtless shared the profits of iniquity with the lawyer when he -fastened him on his victim. When the case came to trial the poor fellow -was convicted by his own lawyer. - -A poor Sicilian named Antonio fell into the clutches of a young Italian -“shyster.” It was a homicide case, but the prisoner was only guilty of -assault or at most manslaughter in the second degree. “For a hundred -dollars,” said the “shyster,” “I will get you clear.” Antonio paid the -money—all he had in the world. In a few weeks his lawyer brought him to -court and made him plead guilty to murder in the second degree, so as to -get rid of the case, and he was then and there sentenced to imprisonment -for life. Then the lawyer disappeared. Such frauds ought to be disbarred -and also jailed. - -Another prisoner now in Sing Sing gave a hundred dollars to a lawyer -with an unsavory reputation who frequently does business in Yorkville -Court. The money was all the man was able to raise among his friends, -and it was given with the full understanding that it would pay for his -examination in the police court and his trial in General Sessions. That -was the last the prisoner ever saw of that shyster. The prisoner wrote -to him a number of times, asking him to fulfill his promise and defend -him, but he paid no attention to his letters. Finally the prisoner in -his desperation was compelled to ask a charity lawyer to defend him. The -shyster got his money and that was all he cared for. If anybody else had -swindled a man in such a manner he would be sent to the penitentiary for -a year, but lawyers are allowed to rob people at will and nothing is -done to them. - -I personally knew the case of a German lad charged with a very serious -offence. A lawyer, now dead, called him from his cell in the old Tombs -to the counsel room and offered to get him discharged for one hundred -dollars. He informed his married sisters (who were very poor) of the -offer made him. They in turn sold their wedding rings and borrowed money -to secure this lawyer his fee. Two days after receiving the money he -sent word to the sisters that unless they raised $300 more he would not -undertake the case. Of course they could not, and as a result they lost -the $100 given this legal thief and had to secure a charity lawyer. -During the trial of the young man this inhuman brute worked with the -prosecution and did all he could to send him to prison. Just then Mr. -Louis Stuyvesant Chanler, the poor man’s friend—God bless him for the -thousands of acts of kindness he has shown to friendless prisoners—came -to his rescue and aided the young man greatly. - -We knew the case of a couple of Broadway lawyers who swindled a -so-called “Count” of $1,000 cash and then abandoned him for some reason, -which was manifestly unfair no matter what excuse they had. - -There are hundreds of honest and upright lawyers in this city who would -loathe to do the mean and dishonorable things done by the police court -“shysters;” but there are others who are doing mean and dishonest things -all the time, who bring disgrace to an honorable profession, but few try -to bring them to justice. - -Around all the district prisons and courts of the city may be found an -army of unworthy vultures that prey upon the carcasses of the “down and -out” unfortunates of all nationalities who are compelled to seek justice -in such places. Not only do these “sharks” rob them of whatever they may -have on them, but they send their “steerers” to the homes of the -prisoners and compel them to pawn what they may have of value in the -house to give them as fees. And when they have bled their victims almost -to death they abandon them to their fate. - -It is well known to the authorities of all the courts that the -disreputable lawyers who practice there have the cases against their -clients adjourned from week to week for no other reason than to bleed -them of all the money in their possession. At one of the district -prisons in the upper part of the city a poor man was kept there two -months by a “shyster,” for the purpose of getting the last dollar out of -him. As soon as the Magistrate knew the facts he was forthwith sent to -the Tombs to await the action of the grand jury. - -A Jefferson Market Police Court lawyer was severely reprimanded in -Special Sessions because he took a fee of $20.00 from a poor girl and -gave her no service in return. He was afterwards compelled to return the -money before he was allowed to leave the court. And furthermore the -judges promised to have him disbarred for the wrong done. But this man -is only one out of hundreds that do the same thing continually. - -A lawyer whom I personally knew, who was afterwards made a judge, took a -thousand dollar fee from a crook who stole two thousand dollars from a -woman, but refused to do anything more for him till he gave the other -thousand dollars. This the crook refused to do. The result was he had to -fall back on friends to get him a charity lawyer to defend him in -General Sessions. - -Bold brazen shysters hang around the Courts of General and Special -Sessions, who, with the aid of “cunning” steerers, probation officers -and frequently with the help of policemen are able to rob their clients -of all they have in the world, and render little or no service in -return. The wonder is that the judges do not combine to put such men out -of business. - -The city magistrates and judges of the criminal courts have known the -situation for several years, but apparently refuse to do anything to -stop the abuses. The evil at present has assumed the proportion of a -plague—crushing out the very life of the poor unfortunates and their -friends, who are compelled to come to terms with the shyster. - -Some of our city magistrates go into spasms over the iniquities of the -professional bondsmen, but they do nothing to put down the professional -shyster and harpies who are allowed to rob and ruin the unfortunates -daily. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXVII - - CROOKED CROOKS IN PRISON - - -What brilliant minds are sometimes confined within prison walls! And how -they work and fret and stew from morning till night and frequently from -night till morning in an effort to “beat the prison.” Such men soon put -certain kinds of machinery in operation which might aid their freedom, -but when the authorities find it out they clip their wings, and their -good conduct marks disappear. - -A few years ago an old crook tried to get out of the old Tombs by -digging through the wall of his cell. After he had made the “hole” he -found to his surprise that it would land him in the warden’s office. A -man named Smith escaped from Blackwell’s Island in the summer of 1905 by -swimming across the East River. He did not make the attempt till he saw -a schooner coming his way, then he pretended that he had cramps and must -be rescued. It would fill a very large book to tell one-half of the -crooked deeds done in an ordinary prison in one year. - -In 1900 a young man was arrested in this city named George E. Shep. In -due time he was indicted for the crime of grand larceny in the second -degree, and sent to Elmira. - -Dr. F. W. Robertson was then superintendent of that institution, and was -able after a few interviews to “size up” his boarder. It could not be -denied that Shep was a young fellow of considerable ability, but all who -knew him believed that he needed “watching.” - -Dr. Robertson saw that he was an expert bookkeeper and could handle both -the pen and typewriter with amazing agility. As he showed unusual -brightness and precocity he was made assistant bookkeeper in the -Clothing Department under Officer Weinberg. In the summer of 1901 Shep -came to the conclusion that he had better abandon the seclusive -privileges of Elmira and seek “fresh fields and pastures new” in some -more congenial climate where the restraints of prison life were not so -oppressive and where he would have room for the development and display -of his mental powers. - -When Shep found that he would be compelled to live in the Reformatory -longer than he thought necessary, he very cautiously put out “feelers” -to see if money could help him to freedom. As we read over the -ramifications of his correspondence and follow the unraveling of his -deeply laid schemes, we are forced to believe that some person or -persons in the institution must have given him encouragement. From this -time on, Shep, who possessed the luxury of a cool, calculating head, set -himself to work by a well laid scheme to secure his liberty. - -Shep must have had a fertile brain. Whether the information was sent him -or not we do not know, at any rate he knew that there was a large -corporation in Baltimore, known as the Shep Knitting Mill Company. As he -had access to the Prison Printing Office he had letter heads struck off -with the name and address of the mill. After this he wrote typewritten -letters to the chairman of the Board of Trade, of Spencer, Mass., -offering to build a knitting mill in that New England city, on which he -proposed to spend $14,000, provided the citizens would give a site and a -bonus of $2,500. The correspondence between Shep and Spencer Board of -Trade was voluminous. - -Shep had also written to a Philadelphia firm who promised to furnish the -machinery and he was able to have an architect and a representative of -the machinery firm meet in Spencer and look over the site for the new -mill—all of which impressed the citizens of Spencer with the “realism” -of the scheme. By December, 1901, the Spencer Board of Trade had raised -the necessary bonus of $2,500 to send to Shep, as soon as the details -were arranged, but alas, the whole project had no foundation whatever -except in the fertile brain of Shep, the Elmira convict! - -About this time Dr. Robertson, the superintendent, was making herculean -efforts to stop the importation of tobacco into the Reformatory. Some -person was smuggling the contraband, and the authorities set themselves -to find out who it was. One of the first to be suspected was Officer -Weinberg, who was instructor in the tailoring department. One evening -after Weinberg had gone for the day, Dr. Robertson and some of his -associates raided Weinberg’s rooms and captured some tobacco and many -letters that came through the mails addressed to Shep. The -correspondence between Shep and the Spencer Board of Trade showed -clearly that for months this convict had been “dickering” to secure from -them by fraud the sum of $2,500. During all this time Shep’s mail had -been clandestinely brought into the Reformatory without the knowledge of -the Superintendent and in violation of the rules. Officer Weinberg was -at once suspected and a watch put upon his movements. Weinberg’s letter -box in the Elmira post office was also watched by detectives, for mail -addressed to Shep. On January 2nd, 1902, a letter reached Elmira by the -morning mail addressed to George E. Shep, Esq., Elmira, N. Y. In the -afternoon Officer Weinberg came to the post office, looked all around to -see that no one was looking, secured the letter from the clerk, put it -carefully in his inside pocket and departed. At that time, Dr. -Robertson, the superintendent, had a detective in the post office -concealed from public view, who saw all of Weinberg’s movements from the -time he came into the office till he carried the letter away. That -afternoon he reported the matter to Dr. Robertson, who awaited further -developments. - -Next morning at exactly six o’clock Officer Weinberg reported at the -Reformatory, as was his usual custom, signed the register, and then went -to breakfast. Afterwards Weinberg was called into the front office, -where he was closeted with Dr. Robertson and several of the officers for -two hours; he was asked if he had been in the habit of carrying tobacco -and mail matter into the Reformatory against the rules, all of which he -denied. Then he was asked to surrender the letter he had received the -day before in the Elmira post office addressed to Shep, which had the -postmark of Spencer, Mass., and which he had then in his pocket. -Weinberg finally broke down and surrendered the letter. This letter was -from the chairman of the Board of Trade of Spencer, Mass., asking for -final instructions as to how the bonus money should be sent to Shep and -closing the bargain for the bogus knitting mill. - -While Weinberg was undergoing a rigid examination at the Reformatory the -police searched his rooms in Elmira and found more letters and a suit of -clothes belonging to the Reformatory. He was then placed under arrest -charged with petit larceny. Further investigation revealed the fact that -no less than two hundred letters for Shep had been brought into the -Reformatory in the course of six months. Some of the letters showed that -Shep had secured a firm of architects in Worcester, Massachusetts, to -prepare plans for the new $14,000 building and that Weinberg was to be -general manager. Arrangements were also made with a Machine Company, of -Philadelphia, to furnish the plant with several thousand dollars worth -of new machinery. - -About the same time a long article appeared in the Spencer Herald, on -the new Shep Knitting Mills, so soon to be operated in that city, and -congratulating the city fathers on the success of their negotiations, -and promising that the city would build new sewers and some of their -enterprising citizens would erect a row of houses and possibly a street -for the mill hands. - -After several weeks of investigation the authorities came to the -conclusion that all that convict Shep wanted was the money to bribe some -of the Reformatory guards so as to make good his escape. In working up -his scheme, Shep showed himself to be an expert forger, as he involved -several other persons in his plans by forging their names to his papers, -although they denied all knowledge of it. Great credit is due to Dr. -Robertson, who nipped the scheme just in the nick of time and before the -Spencer people had paid over the money to the noted crook. - -Soon afterwards Shep was transferred to Auburn Prison to serve out his -maximum sentence of five years. - - - Bold Counterfeiters in Auburn Prison - -A few years ago the authorities of Auburn Prison were startled by the -discovery that two of their convicts were engaged in the work of -counterfeiting, which is a crime against the United States Government. - -The two prisoners who were caught red-handed were Louis Julien and -Adelbert Chapin. They are good mechanics and know how to handle tools. -The curse of our prison system is that those who are sentenced to a term -for hard labor have only child’s play for work, hence it is that many -convicts find that time often hangs heavily on their hands. - -Julien and Chapin, the Auburn counterfeiters, were indicted by the -United States Grand Jury at Syracuse, in June, 1904, but were left to -fill out their unexpired sentence before being put on trial for the -crime of counterfeiting. - -On June 14th, 1905, Julien and Chapin, after they had finished their -imprisonment in Auburn, were placed on trial in the United States -District Court for the crime of counterfeiting while in prison. As both -were caught “red-handed,” or as they say “dead to rights,” and with the -goods on them, they, on advice of counsel, pleaded guilty and were -sentenced, Chapin to two years in Clinton Prison, and Julien to one year -in the same place. - -It may be of interest to know that these convicts worked in the same -shop in Auburn. Their benches joined each other. In their idle moments -they conceived the idea of coining money. It was not difficult to carry -out this plan, even under the eyes of the prison guards. They succeeded -in making a mould for silver dollars and one for nickels; one of the two -men was engaged in work that required the use of molten metal. At the -proper time Chapin had the moulds all ready and Julien at intervals -would carry over the metal in ladles and fill the moulds, until they had -made several hundred dollars worth of money, the guard supposing all the -time that they were doing their regular prison work. The counterfeit -money is said to have been well made and before long much of it placed -in circulation. - -Two female friends of the convicts came at intervals to visit them -during each month and carried away pockets full of the spurious coin and -exchanged the same for commodities, which they sent to Julien and -Chapin. When one of the women was arrested for passing bad money she -confessed everything and then a watch was put upon the men in prison, -who were afterwards caught “red-handed.” The astonishing thing is not -how they made counterfeit money, before the eyes of the keepers and -guards, but how they were able to carry pockets full of the “stuff” to -the women in the waiting room. - -This is not the first time, however, that counterfeit money was made in -a prison. A few years ago a full set of dies, moulds, etc., were -discovered accidentally by secret service officers of the Government in -the Eastern Prison of Pennsylvania, near Philadelphia. - -This was one of the biggest finds ever discovered in a prison and it -made a sensation at the time. - -Four “cons” were involved in that crime, Hoffman, Smith, Hall and -Ashton. Before they had served their time they were indicted and -afterwards put on trial in Philadelphia for counterfeiting. Smith and -Ashton pleaded guilty and received a suspended sentence and have been -living straight ever since. Hoffman and Hall were released on their own -recognizance, but having broken their promise to keep out of crime, were -re-arrested and are now serving time for the crime of counterfeiting. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXVIII - - SCENES DURING VISITING HOURS IN THE TOMBS - - -The Tombs Prison is in the nature of a detention barracks, where persons -awaiting trial are kept for a season, and where one-half are discharged -for lack of evidence and other legal loopholes through which men and -women slip to freedom. Here prisoners are permitted to see their friends -every day of the week, except Sundays and legal holidays. At the present -time when the Tombs contains about 400-500 state and federal prisoners, -it can be readily seen that one-half of the inmates are visited daily, -which would average a thousand visitors a week. - -What a Babel of tongues operate here from every part of the world! What -scenes may be witnessed during the visiting hours! Here may be found -wives and mothers, fathers, brothers, children and friends all in tears! - -Sometimes as many as eight to ten different nationalities are found -speaking their own peculiar language on one tier of forty -prisoners,—English, German, French, Spanish, Russ, Bohemian, -Scandinavian, Polish and even Chinese. - -With their arms stretched out through the bars, taking hold of each -other in the anguish of a death bed scene, they kiss each other, weep -and groan over one another and frequently become hysterical. And these -scenes continue during the entire visiting hour, and when the gong rings -for the recess, they are so loath to depart that often the keepers have -to drag them from each other. As the wives, mothers, children and -friends pass along the corridors toward the gate, you can see their eyes -still full of tears and red with weeping. - -These scenes, which are unspeakably pathetic, are almost daily witnessed -in the New York Tombs. Here, for example, is an aged mother at a cell -door, whose heart is wrung with anguish over the downfall of a son. She -holds his hand while the tears trickle down her kindly, motherly face. -Oh, how sad that the innocent have to suffer because of the wrong doing -of others, that human love and sympathy are so interwoven that the crime -of one individual causes many to sorrow, and renders life burdensome! At -the cell of a man charged with murder stands his sorrowing wife and -three children. Their plain and faded garments indicate poverty. The -pinched and careworn face of the wife tells of the terrible struggle for -a livelihood she is making because deprived of her husband’s help. The -chances are that both she and her children will become inmates of the -almshouse or some charitable institution. The prisoner apparently fully -realizes the gravity of his position and seeks to comfort his wife and -caress into cheerfulness his unfortunate children. The evidence against -the prisoner, however, is so positive and convincing that he will be -electrocuted. He realizes this but conceals from his wife his feelings, -and assures her that he will be acquitted. She becomes hopeful and with -a kiss and a smile on her tearful face, departs. Picture if you can the -scene in the home of this murderer when the news of his conviction is -received, the wringing of hands, the moans of anguish, the appeals to -God, and the frenzied outcry of inconsolable grief! The innocent -suffering because of the guilt of another. Home broken up, mother and -children separated, the looks askance of the neighbors, the world’s -frown, and a heritage of shame and woe for mother and children! - -At another cell door stands a father silently weeping, while the guilty -son tries to comfort him with asservations of innocence, but the father -does not believe him; he knows his boy is guilty; he knows that for -years he has been dishonest and intemperate, and has at last reached the -end of his wayward career. The father reminds the son of the earnest -warnings, the wise advice, the prayers and the tears of his dear mother. -The son pleads for forgiveness and renewed efforts in his behalf. The -father gently, lovingly, yet firmly says, “My son, you are guilty. My -respect for the law is so powerful that I must uphold it, though it -means the imprisonment of my only son. Had this been your only offence -to my knowledge, I would do my utmost to secure your release. I have -shielded you several times to my sorrow. Had you been imprisoned for -your first offence, you would not perhaps be where you are to-day; you -might have reformed and been a great comfort to your good mother and -myself.” To some extent this father was right, even if he did take a -stand contrary to that taken by most men whose sons have violated the -law. I do not believe in sending any man to prison who demonstrates his -fitness for freedom. If prisons reclaimed and uplifted men and women I -would say otherwise, but they do not. I believe that seventy-five out of -every hundred leave prison worse than when they entered. - -One day my attention was called to a young woman who was silently -weeping by a cell door. She was richly attired, and very much of a lady -in appearance, and could not be more than twenty years of age. I became -interested and on inquiring learned that she was a bride of only a few -weeks. She had been wooed and won by a handsome, talented, clever rascal -under false pretensions. He had spent a number of months in a -Massachusetts town, where his faithful attendance at church and earnest -prayers and eloquent exhortations had gained him the confidence of the -leading people of the place. At a sociable he had formed the young -lady’s acquaintance and by his ingratiating ways, scholarly address and -earnest protestations of affection, soon induced her to consent to marry -him. Her parents at first stoutly protested, but yielded to the -importunities of the much loved daughter. A brilliant wedding was the -result, with guests from New York and all parts of New England. To the -bride the father gave $10,000 as a wedding gift. A trip to Montreal, -where the wily rascal obtained control of the money, terminated her -dream of a happy married life. In three days he had gambled away the -entire sum. To New York city they then journeyed, where at one of the -leading hotels the rascal passed a worthless check, which led to his -apprehension and confinement in the Tombs to await the action of the -grand jury. Earnest petitions to the bride’s father were stubbornly and -wisely denied. A careful investigation established the fact that the -rascal who had so cruelly and unpardonably deceived the estimable young -lady, had been an inmate of four prisons, and was one of the most -notorious criminals in the country. It furthermore became known that at -the time he was in Massachusetts, he was wanted in St. Louis for -defrauding an Insurance Company to the extent of five thousand dollars. -He was hiding in a quiet Massachusetts town and improved the time in -winning for a bride the daughter of one of the most influential and -aristocratic families in old New England. He was sent to Sing Sing -Prison for several years, and the wife well nigh brokenhearted and bowed -to the dust in humiliation, returned to her parents a sadder and a wiser -woman. A divorce was the result. - -I have seen mothers and wives kneeling at cell doors and pleading with -God for the deliverance and reclamation of sons and husbands. I have -seen prisoners so conscience stricken and so moved by the tears and -sufferings of dear ones, that they wept in their agony and firmly -resolved to lead moral lives, and they kept the resolve. - -I have said nothing about the poor and their sufferings, and more -especially the children of the poor when for some unknown reason they -came within the meshes of the law. Some years ago I had occasion to meet -a German lad in the Boys’ Prison. He was what the boys call a -“tenderfoot.” He cried night and day. I felt very sorry for him. He was -indeed inconsolable and it seemed nothing could be said which would make -him dry his tears or infuse new hope into his discouraged heart. He -cried continually for his mother and although word was sent to her, no -mother came. His sufferings became so acute that I would have done -anything in my power for the boy. After waiting ten days and no mother -came, at the urgent request of one of the keepers I went in search for -her. She lived on the East side, near Station Street, about five blocks -from the Bowery. She was bloated, coarse, unmotherly, without any -natural affection, and I saw at once that she cared more for her vile -business than her own child. I could do nothing with her. - -I do not think I shall ever forget the case of the newsboy, who was -arrested at the Brooklyn Bridge entrance for selling papers. Complaints -had been made to the police of some ruffian boys who took pleasure in -insulting people who would not buy papers. The officers had received -orders to arrest the first offender and make him an example. Frank Smith -was then at the desk in the old prison. He had just taken a boy to the -ten day house, and asked me to go and see him. I did so. I found the -poor boy inside the big iron gate crying his life out. No one could -comfort him. I tried to find out his offence, but he would not stop his -crying long enough to tell me. I went over to the police court, but as -there was a large calendar that day, I could get no information. I -returned to the Tombs. As I came near the boy I found that his two -little sisters had come to see him. They had heard of his misfortune and -had sought him out as soon as possible. It was one of the most pathetic -sights that I ever witnessed. The boy lived with his mother and sisters -on East Broadway. They were Jews and very poor. The mother was ill at -home, suffering from an incurable disease, and was then on her death -bed. Reuben, the diminutive newsboy, was trying to support the family by -selling papers. The sentence of the court was thirty days in the city -prison or a hundred dollars bond. But this was out of question for the -family. When I returned from court I found the two sisters crying -bitterly at the gate and begging Rubie to come home. Their cry was, “O -Rubie, come home, won’t you? Mamma is sick and ready to die. Won’t you -come home with us, Rubie?” All this time they were weeping bitterly and -everybody was affected, even the tiermen. I could not stand it any -longer. I saw the magistrate at once and told him the situation. He -would not discharge him under any circumstances. When I saw that I could -make no further impression I offered myself as Rubie’s bondsman, and the -Judge accepted me and the boy was at once discharged and went home with -his sisters. I saw one of the Bridge policemen and asked that Rubie be -not arrested on account of his poverty and the fact that he had a dying -mother at home, and he kindly spoke to the others at the Bridge and -Rubie was never molested after that day. - -The scene which had the most powerful effect on me and which has stayed -by me the longest, moving me to tears even to this day, was the -beholding two little girls, sisters, conversing with their brother who -was accused of burglary. The oldest sister was about thirteen years of -age, the youngest about three. All were crying bitterly, with the little -one sobbing out, “Oh brother Willie, come home, please come home, we -have had nothing to eat all day, and we had no supper last night. Why -don’t the naughty man (the keeper) let you come home?” - -What were the facts about this little sorrowing group? Three orphans, -the boy about nineteen had cared for his sisters faithfully and -tenderly. His record was good, had been employed by one firm for more -than nine years, and had given general satisfaction. One evening while -passing along Second Avenue, a thief rushed by pursued by a policeman; -as he passed Daly (so we will call him) he thrust into his pocket a gold -watch and chain, which the policeman observed. Daly was arrested as a -confederate of the thief and turned over to the police. After learning -these facts and fully verifying them, I succeeded in securing the -release of the prisoner, who to-day is one of the best and most -prosperous carpenters in the city. The pathetic face of the baby sister -I have never forgotten, nor her innocent pleading for the return home of -her dearly and deservedly loved brother. - -I have stood opposite “Murderers’ Row” and counted more than twenty-five -visitors eagerly talking with men whose brutal appearance and awful -crimes rendered them repulsive even to their fellow men. Some of these -twenty-five visitors did not even so much as know the prisoners, and had -merely read of their crimes in the papers and prompted by curiosity, and -a mawkish sentimentality, had called to express sympathy and tender -their help. Some of the visitors were richly gowned and daintily gloved -men and women. They brought hampers of food and large bouquets. One -would think that these murderers were heroes and martyrs, from the -treatment accorded them by these women whose conduct seemed to me almost -inexplicable. The man whose crime was most awful and grewsome in its -details received the most attention. What is there about a murderer to -attract refined women I cannot understand, and I have given the subject -considerable thought. To see a cultured woman almost caressing a brutal -murderer who is an entire stranger to her is a sight sufficient to cause -any sane man to wonder. It seemed to me it would be more consistent if -they called on the family of the victim and offered them help and -sympathy. - -To the student of human nature, visiting hours at the Tombs afford a -good opportunity to study phases of life not found elsewhere. Let him -pass from cell to cell, carefully observing the visitors at each, the -expression of their features, their gestures, their attitudes. On some -faces sits hope, radiant, beautiful and very encouraging to the -prisoner. On another face the stamp of fear, doubt and uncertainty is -clear. The son or husband is in danger. The evidence points to guilt and -conviction, too much indeed to encourage even the shadow of hope. -Another face bears sorrow and tears, and discouragement has left its -unmistakable impress. One finds on few faces the stamp of resignation. -Hard it is for a mother or a wife to become reconciled to the thought of -a son or a husband, serving a term in prison, however guilty he may be. - -Negro criminals have the most cheerful and encouraging visitors. The -Black race is blessed with a disposition to view the bright side of all -situations and experiences. It is a cheerful race. The Negro is a foe to -gloomy thoughts. It is hard to depress him. He will dance, sing and make -merry at the foot of the gallows. The Negro visitors enter smiling and -so depart. They talk with prisoners just as though they were free and -comfortably ensconced in pleasant homes. They cheer instead of -depressing the prisoner. - -The Italians are really distressing in their efforts to comfort friends -in prison. They jabber, whine, cry, caress and condemn and reproach -until they have the prisoner in a state bordering on insanity. They -leave him in a condition truly pitiful. Instead of cheering him, he has -been rendered far more miserable by his visitors. He dreams of electric -chairs, prisons, policemen and handcuffs. The bananas his visitors bring -he could well do without, as he could the visits of friends who so -greatly depress him. - -Fritz appears and says to Hans, “I think you go by the prison alretty, -ain’t it?” “Naw, I thinks I go by the shudge bimeby, pretty quick, and -he lets me go home to mine Louisa. I am not guilty alretty,” responds -the hopeful Hans. German visitors as a general thing conduct themselves -sensibly. They are not emotional, but hardheaded and sensible. They -smoke with the prisoner, laugh and joke, and leave him in a cheerful -frame of mind. The German is sociable and not easily rendered gloomy or -depressed. The German visitors try to imbue prisoners with the idea that -their trouble will soon end, and in a few days they will be sitting in -Hoffmans’ beer garden with a glass of lager, and a plate of sauerkraut -before them. So believing, the prisoner lies down to pleasant dreams. - -The privilege of seeing and conversing with friends, all things -considered, is a great boon to prisoners and should never be denied -them, especially those awaiting trial. Many a man naturally inclined to -take a dark view of his trouble has been kept sane and sound from -self-murder by the daily appearance of some loved one. The human heart -when filled with fear and foreboding yearns for sympathy, encouragement -and comfort. If these influences be withheld, the sufferings are so -terrible as to pass human understanding. To an imprisoned man who is -friendless, the coming of sympathy and kindly helpful interest is like a -visit from God’s Holy Angels. - -No wonder the prisoner cries out in the night in the agony of soul. No -wonder he offers a plaint that is sad and sorrowful. The following lines -from the pen of an unfortunate show the harshness of even our modern -prison life: - - “I know not whether the law be right, - Or whether the law be wrong; - All that we know who lie in jail - Is that the bars are strong; - And that each day is like a year— - A year whose days are wrong! - - And this I know that every law, - That men have made for man, - Since man first took his brother’s life, - And the wretched world began, - But scatters the wheat and saves the chaff - With a most unlucky fan! - - This too I know and wise it were - If each could know the same - That every prison that men have built, - Is built of bricks of shame, - And bound with bars lest Christ should see - How men their brothers maim.” - - ------------------------------------------------------------------------- - - - - - CHAPTER XXIX - - DOES IMPRISONMENT REFORM? - - -This is a hard question to answer, although it has been asked -extensively down through the ages. The answer will turn mainly on what -you mean by reform. It is interesting to know that students of -criminology have wrestled with the question, but cannot agree on the -answer. As an abstract question it is very clear to us that imprisonment -of itself cannot reform. Force cannot change a life, nor restore the -image of God in the soul. When a lawbreaker is placed inside the walls -of a prison, force uses the machinery of the institution to compel him -to pay the penalty of the law. But it cannot reform him, nor make him a -better man, nor change his nature. That work must be done by a higher -Power. - -Not only can it be truthfully said that imprisonment does not reform the -law-breaker, but in most of our prisons the culprit has only to serve a -brief sentence, to come out a worse man than when he went in. This is a -sad statement to make, when we think of all our boasted liberties and -advanced civilization, but it is nevertheless true. For the explanation -of this condition of affairs it is not necessary to look far. The fact -is, the unfortunate lack of proper classification in all of our prisons -makes the companionship of thieves and cutthroats so demoralizing, the -fellowship so infectious, the language and habits so debasing, that out -of thousands of persons who mingle together in a modern prison, few -escape the contaminating influences. - -When a man has been charged with a crime, the first thing that is done -by society is to arrest him and lock him up in a little dark dungeon, -4x6 feet, with hardly enough cubic space of air coming in through the -small iron grating to make it sanitary. Here he is kept weeks and -sometimes months before a trial is given him, breathing the fetid -atmosphere of the institution, which after a time poisons his entire -system, and paints his face with the prison pallor. - -Here it is that many a man who has brooded over the past to such an -extent that when he has atoned for his crime, and he finds himself a -free man once more, has made up his mind to fight society to a finish! -From this time on his hand is against every man, and every man is -against him. The imprisonment has aroused in him the darkest passions of -an unregenerate life, and made him a moral anarchist for the fancied -wrongs he has suffered. Said a man to me who had spent nearly -twenty-four years in prison, having been convicted of crime eight or ten -different times, when I asked him why he did not go to work when he came -out of Caldwell Prison, N. J., “Me work! I will never work. When I was -sent to prison for the first time, I received a good deal of harsh -treatment. I then vowed vengeance for the wrongs done me. No! I will -steal as long as I live, but I will never work.” Whenever I touched on -prison life, the subject awoke bitterness in his soul, and for the time -being he spoke like a maniac. The fact is, over fifty per cent. of all -first offenders come from our penal institutions, and after a brief -period return to crime again, unreformed and uncured. - -The prison authorities should always bear in mind that no matter how -deep-dyed in crime the inmates may be, they are moral beings, made in -the image of God, and are therefore worth saving, and may be saved if -the proper methods and influences are brought to bear the right way on -their minds and lives. While there is life there is hope. - -It is true, the men in prison, no matter how intelligent, have little -influence over the authorities in bringing about needed reforms. They -are regarded as having no right to complain, nor even to ask for favors. -If they are to receive favors, others must speak in their behalf. Even -the suggestions of criminals are usually ignored by the prison -authorities, as they are supposed to be moved by sentiment, or often by -mercenary reasons. - -In dealing with crime, it should be the settled policy of the State to -use every means possible, although sometimes expensive, to bring about -the reformation of the prisoner. It is a well known fact that when a -thief is sent to prison, absolutely nothing is done to teach him the why -and wherefore of the Eighth Commandment, “Thou shalt not steal.” Out of -168 hours in seven days, one, or possibly two, hours are devoted to -religious training. If the thief, the perjurer, the gambler, the -swindler and others of that ilk are to be reformed, why not use means -for the accomplishment? Why not have moral and ethical teaching, or -addresses of some kind daily? Every one saved from a life of wrongdoing -will necessarily reduce the cost of crime! - -Although all cruel and inhuman methods of punishment are forbidden in -nearly all of our prisons, and the punishment for crimes that is meted -out to criminals was never so free from malice and revenge as it is -to-day, yet we are free to say that as far as prison reform is -concerned, we have not yet reached the ideal. - -Capital punishment as it is practised at the present time is in our -opinion simply a relic of barbarous times. No one on this planet is -authorized to take away life. God gave it, and He is the only One that -can take it away. And no matter what kind of punishment may be meted out -to the homicide, the worst and most foolish thing that can be done to -him is to put him to death. It matters little what a man’s crime is, if -he is to be reformed, he should have a future hope held out to him, and -he should realize it, provided he can show by his life that he is worthy -of it. - -While it is true civilization has been in the forward march the past -three hundred years, crime has been slowly and perceptibly on the -increase; that is to say, crime has been growing faster than the -population. The fact that so many jails and reformatories are being -erected in all the States and Territories is evidence enough to -substantiate that statement. Statistics show that the growth of -population in this country has maintained a steady increase since 1850, -with an average perhaps of about thirty per cent. each decade, while the -criminal increase during these same periods will average eighty per -cent., or nearly three times as large as the increase in population. - -In former years the methods in vogue for reforming men and women behind -the bars were the stocks, the dark cell or dungeon, the whipping-post -and the tread-mill, nearly all of which have been abolished during the -past century, and more humane methods have been used, we are glad to -say, which is a cause for rejoicing among Christian people everywhere. - -Perhaps one of the greatest needs of the prisons of this country is -their complete divorce from politics and their reorganization on -business principles of merit and capability. While it is true that the -civil service law, which operates in nearly every State, has raised the -standard of merit among the prison officiary, notwithstanding inferior -men, entirely unfitted for such work, creep into these institutions as a -reward for political services. - -But it is also true that the prisons of the twentieth century are as far -advanced from those of the middle ages as those of the middle ages are -ahead of the prisons that existed at the beginning of the Christian era. -In those days jails were little better than hog pens, perhaps much like -the old cistern into which they thrust Jeremiah the prophet, when they -let him down with cords, and where his feet sank in the mire. Such -prisons were places of pestilential horror, cold and damp, from which -the sunlight was entirely excluded, and where the chains often rusted on -the hands and feet of the prisoners. - -The evolution of the prison has been a long, dark, cruel process, as it -did not excite the interest and sympathy of the church till within -recent times. It is admitted now that prison reform began with Jesus -Christ, who, when He had conquered death and hell on the Cross, went up -to glory with the blood-washed soul of a repentant prisoner in His arms, -leading captivity captive. From this time on, the era of seeking to save -and help the prisoner began. But it did not make the advances it should -have made till the days of John Howard, who is called the morning star -of prison reform. - -It is greatly to be regretted that no efforts are put forth to raise the -moral tone of our prison management. In Great Britain and the Continent -of Europe, there are schools for the proper training of prison -officials. In these schools are taught the military spirit, alertness, -courteous behavior, and quick movements in case of emergency. But it is -doubtful if in any of the schools they teach the officers to appeal to -the better nature of the prisoners for any permanent reform. The work of -a modern prison is largely one of punishment and repression. There are -no lectures on hygiene and sanitation, nor on manliness or how to resist -temptations, nor is anything done to incite them to live a new life, -except what comes through the Chaplain, and that only once a week. - -In studying the early stages of lawlessness from the rudest times to the -present day, I am satisfied that crime grows on the mind by insensible -degrees, and shows itself only at the propitious time when the overt act -brings the individual into prominence. - -I also believe that a certain class of delinquents are made more vicious -by prison life, simply, because their moral instincts are already -perverted, and by the lives they have led in the past. Such hopeless -people should be sent to lunatic asylums, rather than to prisons, as we -believe they are more in need of medical treatment than punishment. - -One of the most needed reforms of the present century is the necessity -of putting forth more efforts to save beginners in crime. In many of our -prisons, criminals are huddled together like sheep, and as a result the -young offender learns more evil in one week from old crooks than ever he -knew before. There is nobody to blame for this but the old methods that -are still in vogue. Often criminals are driven to crime by motives -generated in a vicious nature, and as they are too weak to resist the -high pressure of modern temptations, they soon become law-breakers. It -is foolish to talk of the criminal classes, but criminal individuals. -Criminality is simply the darkened side of a human life, showing itself -in deeds of wickedness and rebellion. Anybody under the dominion and -power of the Evil One will dare to commit the most atrocious crime on -record, and will not think of the consequences at the time. - -I am satisfied that the reclamation of the criminal, and his restoration -to society, a saved man, should be the first duty of every well -organized prison. - -It is to be regretted that the greatest barrier in the way of reforming -and saving the prisoner is found in our antiquated methods of dealing -with him. Whatever else imprisonment is to-day, it certainly does not -reform the unfortunates who are sent there. Hundreds and thousands of -lives have been blasted forever by prison life, that might have been -saved if proper efforts had been made at the right time to place them on -parole before being sent to prison. All first offenders should get a -chance by being paroled. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXX - - STRONG DRINK AND CRIME - - -From actual observation as a Prison Chaplain, and a careful study of -this subject extending over several years, together with repeated -interrogations and conversations with thousands of prison inmates, -committed thereto for every crime on the calendar; and, further, from -personal inquiry among experienced prison officials in various parts of -the country, I say frankly without any hesitation or equivocation that -strong drink is the most prolific cause of crime in the United States. I -further affirm that after thousands of personal conversations with men -and women charged with murder, robbery, assault and every form of -larceny, and from interviews with criminal judges and magistrates, I -firmly believe that from seventy to eighty per cent. of all the crimes -of the day can be traced directly or indirectly to strong drink. I have -said more than once in public addresses, in the past twelve years, that -if the saloons of this city were outlawed for two years, the prisons of -Greater New York would be almost tenantless. - -I believe the only way to reduce crime is to stop the manufacture and -sale of intoxicating liquors, which in the end will close the gin-mills -that swarm our cities and villages, and which are the real generators of -crime. - -We deeply regret that many of our well meaning people are poorly -informed on this question. They look with longing eyes for help from our -State and National political partisans for the overthrow of this -traffic, but these fond idols of the people care nothing whatever for -moral reforms. They are in politics only for what they can make out of -it, and not for the reformation of the people, and are indulgent toward -the saloon vote. - -Some time ago, a New York paper gave a list of persons who were confined -in the City Prison charged with the crime of homicide. In this list the -names of thirty men, two women and a boy were given. They were then -awaiting trial for murder. All of them have since been tried, with the -result that several have been sent to the death house at Sing Sing, a -large number to prison for long and short terms, and a few discharged -for lack of evidence. In an analysis which we personally made at that -time we counted twenty-five persons who admitted that they were under -the influence of strong drink when they committed the crime of murder. - -At that time, Dr. Robert S. Newton, a New York physician and specialist -in mental disorders, presented a carefully prepared paper on the causes -that led to murder in each case, but, strange to say, he does not -mention strong drink, although that was the principal direct cause of -twenty-five out of the thirty-three cases. Dr. Newton never met any of -these persons mentioned in this article, charged with the crime of -murder, nor had he any conversation with them before or after their -imprisonment, but simply from the standpoint of an alienist, he presents -a speculative analysis of what he considered the causes that led to -their crimes. - -I met all of these people face to face, conversed with them, and watched -their trials in the Criminal Courts till finally disposed of. Most of -them made voluntary statements in relation to their crime, and I was -painfully struck with almost the identical words from the lips of each, -and all of these men, who closed the narrative by saying: “I was drunk -at the time, and did not know what I was doing.” They did not say this -for the purpose of securing sympathy, or apologizing for their crime, -but simply admitted that strong drink made them half-insane, and in that -state they committed the crime of murder. - -With only the names of the actors and victims before him, and a brief -statement of each crime given by a New York paper, Dr. Newton proceeds -to give reasons for the homicides in detail. This is what he says by way -of explanation: - -“New York is one of the hardest places in the world in which to analyze -crime. One of the chief motives of crime is the publicity given to it. -It allows every criminal to keep thoroughly posted as to what is done -with his own class, what is the character of the punishment, and the -number accused who escape punishment. The relations between the -criminals and the police are well known. The police certainly have no -deterrent effect upon the criminal, for there are numerous cases in -which they acted as intermediaries.” And further he says: “I believe -that this great wave of crime which has suddenly come upon New York -within the last few months is due solely to the opportunities which the -evil-disposed, but not yet criminal, have of mixing with this dangerous -element. In foreign countries crime is restricted, and the criminal -readily found, for the reason that he is compelled to associate with -people of his own class, and the only public places he goes to are known -as thieves’ dens. In no city in the world but New York are men whose -pictures are in the Rogues’ Gallery and known to every police official, -allowed to enter reputable hotels, restaurants, theatres, etc. There is -not only less crime in the large continental cities than here, but crime -is surely punished. When the reputable citizen is robbed or assaulted, -he knows or suspects where the criminal came from, but here criminals go -everywhere, and the person has really no protection from them.” - -In regard to suicides, the Medical News says: - -“New York City is not the worst of the cities of the United States in -the matter of its suicide statistics. By actual comparison it is only -fifth on the list, St. Louis having the unenviable distinction of being -first in this regard. It is a curious reflection that St. Louis, with -its German population and the reputation the city has acquired for the -manufacture, if not the consumption, of a large amount of high-grade -beer, should occupy the same place in suicide statistics that was held -for a long time by Munich, in Bavaria, which enjoys the distinction of -supremacy in the same line of business.” - -In General Bingham’s report for 1907, it is recorded that the New York -police arrested 204,119 for the year. Out of this number no less than -92,045 persons were arrested for intoxication, disorderly conduct, and -the violation of the Liquor Tax Law. As can be readily seen, all of -these arrests were the direct result of the licensed saloon. In other -words, if there were no saloons or intoxicants in this city, more than -92,000 persons would have been immune from arrest and imprisonment. -These facts speak for themselves, and need not the impassioned eloquence -of the orator to make them clear. - -In his report for 1908, the Commissioner omits all mention of the -arrests for intoxication and disorderly conduct, but places these -offences under the head of misdemeanors. This was done, no doubt, to -ease the consciences of the rum and beer interests, who do not want to -see in cold type the number of persons who are daily ruined by this -damnable business. - -Last year there were 244,000 arrests in Greater New York. Judging from -the figures of other years, one half must be laid at the door of the -saloon. - -The following table, which we received from the State Department of -Excise, shows the number of liquor tax certificates in force, and the -money received therefor. This table covers what are known as the five -boroughs of Greater New York: - - - LIQUOR TAX CERTIFICATES AND MONEY RECEIVED. - - _No. Ctfs. _Money - _Boroughs_ in Force._ Received._ - - Manhattan and the 7,015 $7,876,561 09 - Bronx - - Brooklyn 3,836 3,632,191 91 - - Queens 1,344 513,095 65 - - Richmond 479 181,523 75 - - ───── ────────── - - Total 12,674 $12,203,372 40 - - -From these figures it will be seen that the license tax paid the State -for the privilege of selling rum, which damns our fellow men, amounted -in 1907 to $12,203,372.40. - -In an article of mine which appeared in Harper’s Weekly for March, 1907, -I computed the cost of crime in Greater New York, in a tabulated -statement, at $35,552,134.34, which is about a third of the entire -expense appropriated by the Board of Apportionment for running the city -for the year. - -It ought to be known that the churches, chapels and mission halls of -Greater New York, of all denominations, Protestant, Catholic and Jewish, -number 1,200. The number of licensed saloons, on the other hand, in -these boroughs, is 12,674. That is to say, the Devil has more than ten -saloons in Greater New York for every church. This is a sad reflection -on our Christian civilization. But it is true. - -The cost of the congregational and charitable work of the 1,200 churches -and chapels of Greater New York is not more than $8,000,000 a -year—possibly less. - -But the gross receipts of the 12,674 New York gin mills are not far from -$250,000,000 a year! - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXI - - THE ANGELS OF THE TOMBS - - -To a score at least of ladies of every nationality, creed and culture -was the term Tombs Angel given the past seventy years. But out of this -number only two ladies by their good deeds had obtained a distinct and -permanent claim to the title. These were Mrs. Ernestine Schaffner and -Mrs. John A. Foster. The first of these ladies was a native of -Hesse-Cassel, Germany. She began her labors in the city prison more than -thirty years ago, and became noted for her generous and valorous deeds. -Being a widow and in good circumstances, she was able to contribute time -and money to aid the unfortunate, so that her services were in great -demand. As she was the owner of some real estate in this county, she was -able to furnish bonds to hundreds of prisoners, many of whom after they -had secured their liberty skipped the country. - -To facilitate matters in her chosen work, Mrs. Schaffner opened a law -office on Centre street, where friends and relatives of prisoners could -call and consult her on all legal matters, without money or price. On -many occasions, the late Recorder Smyth, for the sake of protecting her -from lying crooks, refused to take her on a bail bond. Although her work -was entirely of a humanitarian character, she helped all persons without -regard to creed, race or nationality. It might be interesting to know -that the first case that attracted Mrs. Schaffner’s attention to prison -work was the attempted suicide in the East River of a young German. -After he was fished out of the water, he was committed to the Tombs -Prison, where Mrs. Schaffner sought him out, took a deep interest in his -case, greatly encouraged him, went on his bail bond, furnished him with -a lawyer, and finaly secured his discharge. Mrs. Schaffner was a very -charitable lady, and did many acts of kindness from time to time, for -the inmates of the Tombs. - -About ten years ago I had the pleasure of meeting her, and talking over -her early labors in the City Prison. She seemed to be a very interesting -woman, and intelligent. If she had written a book on her experiences -with crooks and how they had disappointed and deceived her after she had -expended on them $50,000, she would have chronicled lies big enough to -make your hair stand. It is said she died in poor circumstances, about -six years ago. - -The second Tombs “Angel” was Mrs. Rebecca Salome Foster, the widow of -Gen. John A. Foster, a veteran of the Civil War. She began her -philanthropic work as a “Prison Angel” about the year 1886-7. She was a -woman of much ability and considerable force of character. She was quick -in her movements, generous to a fault, and ready to help everyone in -time of need, regardless of creed, color or race, and, of course, was -often greatly imposed upon by people who used her for selfish purposes. - -As her husband was a well known lawyer in his day, and had been a -general in the Civil War, this fact gave Mrs. Foster at the start a -great amount of influence with judges and magistrates, which would have -taken others of lesser note many years to acquire. - -At first she confined her labors to the Police Courts and District -Prisons, where she gave help to women and girls who had been locked up -for petty offences. But for the last ten years of her life she confined -her labors to the Tombs Prison almost exclusively. - -It is interesting to know how Mrs. Foster began what proved to be her -life work as an angel of mercy among prisoners. As I received it -directly from her own lips, I feel sure that I have the true account of -what is generally believed to be the beginning of a most useful life. -The whole thing seems to be providential, and clearly shows how the -channels of a life may be changed for good by an insignificant event. - -When General Foster was yet alive, Mrs. Foster was called upon to go -hurriedly to a police court to intercede on behalf of a boy twelve years -of age, the son of a washer woman, who worked occasionally around the -Foster home. The boy had been arrested for a petty offence, and General -Foster had agreed to defend him in the Police Court, as he was innocent -of any crime, but on the day when his case was to be called, the General -was too ill to leave his room. He accordingly sent Mrs. Foster with a -note to Magistrate Hogan, who was then sitting at Jefferson Market -Police Court, asking for an adjournment of the case. When Mrs. Foster -reached the court, the case was then on, and when the opportunity came -she made such a powerful plea that the Magistrate discharged the boy. He -then thanked Mrs. Foster for the interest she took in the case, and as -she was about to leave, the Court called her attention to the case of a -young, homeless girl, who had been arrested that day for soliciting on -the street. The Magistrate asked Mrs. Foster to investigate the girl’s -story before he took final action, as he did not wish to send her to the -Island, where she would be ruined by association with the depraved -inmates of the work house. Mrs. Foster made the investigation, had her -paroled in her own custody, and then sent her home to another part of -the country. By these acts of kindness, the girl was saved. - -One of the most celebrated cases of the day, that brought Mrs. Foster’s -name prominently before the public, was the trial and conviction of -Maria Barberi, for the murder of Dominico Catalonia, in July, 1895. Miss -Barberi was a woman of considerable intelligence. She had been greatly -wronged by her lover, who refused to marry her. While suffering mental -agony brought on by remorse of conscience, when she saw herself ruined -and disgraced as she then was, she killed Catalonia. - -While she lay in the Tombs Prison, Mrs. Foster took a deep interest in -the case of this Italian woman, and aided her in every way possible. -During her trial in the Criminal Court Building, she stood by her side -as her best friend. The jury found her guilty. On the day she was -sentenced to the electric chair, she swooned when brought to the bar. As -she lay in the arms of Mrs. Foster, the Recorder passed sentence of -death on her. The same day she was taken to the State Prison. Being in a -state of nervous collapse, Mrs. Foster accompanied her to Sing Sing, and -was locked in the same cell with her from 5:30 p. m. until 8:00 next -morning. That was a sad and dreary night to Mrs. Foster, and seemed long -enough to be a year! In that cell Maria Barberi, utterly exhausted, -slept and moaned alternately all night, oblivious of her dismal -surroundings. During the entire period Mrs. Foster ministered to her -needs. There was a solemn stillness everywhere in that sepulchre of the -living during those fifteen hours. And the only sounds that could be -heard were the tramp, tramp, tramp of the keepers and guards as they -patrolled the yards and corridors of the great prison. - -In the morning, Miss Barberi was so far recovered that she could be left -alone, and Mrs. Foster returned to New York. - -After that night, prison life was no longer a theory to the Tombs Angel, -but a stern reality. - -Mrs. Foster could enter into the fullest sympathy with such people, and -give them encouragement. The following year, the Court of Appeals -granted Miss Barberi a new trial, and she was in the end acquitted, and -is said to be living in this city at present. - -Mrs. Foster was killed at the Park Avenue Hotel fire, in March, 1901, -and her untimely death has been deeply regretted. - -Prison Angels are born—not made. Many persons have tried to be an “Angel -to the Prisoners,” but have failed, as no amount of training can make -one. - -Mrs. Foster during her long and useful life, was a very charitable lady, -and in course of a year gave away much money, clothing, shoes and -railroad tickets and meals, to hundreds of men and women as they came -out of prison. That she had been deceived scores of times by worthless -“fakirs” cannot be denied, yet she continued in this thankless work down -till her untimely death. In early life, she had the means to give away, -and she gave it with a lavish hand. But much of the money, clothing and -railroad tickets which she so generously gave to “panhandlers” and -crooks just out of prison was worse than wasted, as a great deal of it -went for drink, and before long all those “bums” which she had helped -were back in the Tombs again. I can recall at the present moment a -person of this character, receiving money from Mrs. Foster on a Sunday -afternoon to go, as he said, to his home in Connecticut, where he said -his friends would give him employment. She was careful when she gave him -the railroad fare to hand him a postal card, requesting him to write a -few lines when he arrived at his destination. For weeks afterwards, -whenever I met her, I asked her if she had heard from the fellow whose -fare she had paid to Connecticut. But she always replied in the -negative. That worthless fellow was a sample of hundreds of others who -had been befriended, but who used the money for drink. My own impression -was that he never left the city. When I afterwards came to place him, I -found that his name was Murray. I then remembered that he was a chronic -“dead beat,” and always took a special delight in swindling -tender-hearted humanitarians. - -One of the last cases that Mrs. Foster took an interest in before her -death was that of Florence Burns, who was charged with the murder of a -young man named Brooks. The examination took place in the Court of -Special Sessions, before Justice Meyers, who acted the part of a sitting -magistrate. The District Attorney was represented by one of his -assistants, and ex-District Attorney Backus, of Brooklyn, represented -the defendant. Justice Meyers, who is the personification of fairness in -his rulings, satisfied both sides. During the hearing, which lasted -several days, Mrs. Foster stood by the young woman as her best friend, -when all others had apparently forsaken her. But this is just the kind -of work Mrs. Foster had been doing—of the most unselfish and loving -character to prison unfortunates for nearly twenty years. A year or two -before her death, a couple of lying officials of the Tombs told her an -untruthful story about one of the missionaries. As soon as she learned -how these officials had deceived her, she shunned them forever -afterwards. - -As is well known, some of the habitues of “Bummers’” Hall become very -religious after their own way, and are ready to believe in any or all -the creeds of Christendom, provided they can make a few dollars out of -the credulous. - -I have found that when these fellows try to sell you a “gold brick” or -borrow money from you, the best thing to do is to “drop them.” Nearly -all of them possess unlimited cheek, more especially as borrowers and -beggars. After they have duped you, they chuckle over their smartness. - -A Tombs keeper asked one of these chronic “panhandlers” why he did not -buy his own tobacco. He replied: “What’s the use, when you have so many -‘suckers’ around here?” A maiden lady, the daughter of a city clergyman, -was in the habit of doing missionary work in the prison. - -In those days, there was a tall, slick gentleman, who had a remarkable -oily tongue. He occupied a cell in the old prison, immediately behind -the desk. This crook was able to ingratiate himself into the affections -of this young lady, so that he was able to secure from her no less than -seventy to one hundred dollars, together with a good deal of warm -clothing, and two or three meals prepared at her own home weekly. With -the money received, he had one of Begg’s men fetch a pint of “booze” -daily. When it was discovered he was immediately shipped to the “Annex,” -and all his privileges cut off. Soon after this he was sent to Sing -Sing, where he served about five full years. - -It is the commonest thing in the world for a crook to ask the assistance -of a lady missionary to get him out of prison, and present a “gold -brick” story that is nothing but deception and fabrication from first to -last. After hearing hundreds of these stories made out of “whole cloth,” -I have come to the conclusion that criminals, with rare exceptions, are -born liars, and they seldom tell the truth, although it would do them -far more good in the end. I have found by careful observation that -anyone who has started in to cover up his guilt with lies is in a -hopeless state of depravity, and remains beyond the reach of even the -Gospel. But it is not alone missionaries and Tombs Angels that are -deceived by such characters, but all who give credence to what they say. - -Crooks as a rule read the missionary’s character, and soon find out who -are the “easy marks” in the prison. As soon as they find a -person—usually a woman who is sympathetic—they pour into her ear a tale -of woe in which the crook presents a real case of injured innocence and -persecution. - -Oftentimes people living at a distance write to the authorities asking -that something be done to save heinous offenders who are not entitled to -any sympathy whatever. And many times young ladies of good breeding and -respectability come to the Tombs and ask to see old crooks whose -pictures they had perhaps seen in the morning papers. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXII - - WEDDINGS IN THE TOMBS PRISON - - -Marriages have been performed in the Tombs Prison since it was first -opened in 1838, by clergymen of all denominations, Protestant, Catholic -and Jewish, without the least objection. During its long and eventful -history it may be said truthfully that Cupid’s arrows have penetrated -the gloomy old walls of this dark prison scores of times, where in such -cases the love-making ended in a marriage ceremony in which two hearts -were made one. - -It ought further to be said that these Tombs weddings are of two kinds: -Voluntary and involuntary. The latter kind is performed at the request -of the Judges of Special Sessions. When a woman goes to the -Superintendent of Outdoor Relief in this city, and swears that she and -her babe are liable to be a town charge because John Doe, the father of -her illegitimate child refuses to give them a support, he is forthwith -arrested. If convicted after a fair trial, he is given the alternative -of going to prison for a year, marrying the girl, or paying her a weekly -allowance. As a rule, if poor, he marries her, as the easiest way out of -his troubles. As soon as the knot is tied, “they go on their way -rejoicing,” provided everything is all right, and the case against him -falls to the ground. - -We regret to say that many of these marriages are a failure, simply -because the male end of the contract gets mad at being forced into -matrimony against his will, even though he knows that he has ruined that -girl. As there is seldom any love in such a match, we find in a great -many cases after the ceremony is performed, the man runs away. The only -redeeming thing about the marriage is that it has saved the name of the -mother and child from lasting disgrace. And from henceforth she has a -claim upon him for legal support, no matter where he may go. Of course, -I always explain the nature of such a marriage to the bridal candidate. -If she is willing to take her chances in the lottery of life, and is -satisfied, I am always willing to do my part to help her with my -services, and for this reason, if he refuses to live with her, she can -compel him to pay her alimony in any part of the United States. - -But the marriages that attracted the most attention during these years -were of persons who really wished to be man and wife, from choice. Of -course, their wish is not always granted, for reasons best known to the -authorities. The first marriage of this character which excited the -people of the city was that of John C. Colt, who was convicted of the -murder of Samuel Adams. This marriage took place November 18th, 1842. -During the time that Colt lay in the Tombs he was repeatedly visited by -one Caroline Henshaw, who had been his common-law wife. As they had -never been legally married, Colt expressed a wish that they should be -made husband and wife before his execution. The authorities at first -refused to give the necessary consent, but afterwards gave permission -and agreed that it should take place on the day of his execution, which -was fixed for November 18th, 1842. At 11:30 on the fatal day, the bride -appeared at the condemned cell, neatly attired in a straw bonnet, green -shawl, claret colored cloak trimmed with red cord, and a muff. - -Colt was remarkably cheerful for a man who was to die four hours -afterwards, but it was his wedding day, and when should a man be -cheerful if not that day? The ceremony, which took place in the -condemned cell, was witnessed by Judge Merritt, the Sheriff of the -County, Colt’s brother, John Howard Payne, the author of “Home, Sweet -Home,” and several others. The bride and groom were allowed to be alone -for one hour, after which he must prepare for death. - -Two hours after she left him to change orange blossoms for sombre weeds, -the sheriff and his deputies went to his cell to escort him to the -scaffold, which was all ready, when to their amazement, they found that -Colt was dead. The gallows had been cheated of its victim. The honeymoon -of an hour was past, and he was cold in death. - -Protestant chaplains more than once have been severely criticised for -performing marriages in the Tombs Prison at the request of the -authorities, but when marriages were performed by Catholic priests in -the same place, there was no publicity given, nor were they in the least -criticised. - -On June 29th, 1897, a man named Max H. was married to an actress on the -train between New York and Sing Sing. Max had just received a sentence -of four years and six months in State Prison. He had asked the -authorities to allow him to be married in the Tombs several days before, -but they positively refused. At the Grand Central Depot his lady love -boarded the same train on which he was, with an Episcopal minister named -Lindsay, who was a Tombs missionary. They were bound to be married. Dave -Burke was deputy sheriff in charge of the prisoners going to Sing Sing -that day. He consented to the marriage of Max and his lady love on the -train, and they were married. Cupid could not be put off under any -circumstances. The marriage would not have been known, but when the -commitment papers were carefully examined at State Prison after the -prisoner’s pedigree was given, it was found that when Max was sentenced -he was single, but when he reached Sing Sing he was married. This -marriage on the railroad train created a great furore in New York, and -as a result, the deputy sheriff was dismissed, and the minister soon -afterwards left the city. - -A few years ago, Lawyer Patrick, who was convicted of the murder of -Millionaire Rice, wished to be married before he was sent to Sing Sing, -where he has been ever since. Mr. Patrick took pains to sound the -feelings of the authorities on the subject, with the result that -objections were made against any such ceremony taking place in the -prison. But Cupid in this case was smarter than the authorities. On the -Sunday previous to his receiving the death sentence, three persons came -to the prison, a lawyer, a friend and Patrick’s lady love. The lawyer -requested permission from the Warden to see the condemned man, which was -granted in the Women’s Prison, where a civil contract was signed, which -made them husband and wife, according to the new law. The following day -Patrick was taken to Sing Sing. - -During the past six years a number of convicted men awaiting trial have -begged to be married before going to prison, but I have positively -refused, as I found on inquiry that the object in view was solely to -secure clemency for some miserable scoundrel on the day of sentence. A -recent case was that of a girl named Stella Hamilton, a native of -Connecticut. She called at the Tombs more than a dozen of times, and -begged to be married to a convict named Williams or Willinsky. This man -was a convicted pickpocket, and had served three or four terms in prison -already. She told a romantic story that moved many hearts. Her story was -that more than a year ago she had been saved from drowning by this man, -and now she wished to marry him in return for saving her life on that -occasion. Since then it has turned out that the whole romance was a -scheme to get clemency for Williams. - -A few years ago, a crook asked the Chaplain to marry him to a woman he -had wronged, and with whom he had lived as husband and wife. I refused, -as I knew him to have a criminal record. The woman had not known this, -but should have made an inquiry into his character before entering into -such an alliance. He wished the marriage to take place so as to secure -sympathy, and save her name. After he had gone to prison, the woman -followed him, and asked the Warden to permit the ceremony to take place, -as soon as possible, to save her good name and that of the child, but he -refused. Then she called on a Supreme Court Justice, who resided in the -neighborhood, and stated her case to him. The Judge gave her an order -which was served on the warden of the Prison, compelling him to permit -the marriage to take place, which was performed by a minister of the -Gospel the following day. - -It seems the law is very clear on these things. If a man has wronged a -woman under a promise of marriage, the fact that the man is in prison -does not deprive her of her rights before the law. If they are both -willing, she can marry him in spite of busy-bodies, judges and prison -authorities. - -[Illustration: - - A scene in the Tenderloin Station House at midnight.] - -[Illustration: - - MRS. JOHN A. FOSTER, The Tombs Angel.] - -[Illustration: - - CORNELIUS V. COLLINS, - Superintendent of State Prisons.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXIII - - AFTER SENTENCE, WHAT? - - -After a person has been convicted of a felony in New York County, either -in the Criminal Branch of the Supreme Court, or in the Court of General -Sessions, if the sentence is a year in prison, or less, he is sent to -the New York Penitentiary on Blackwell’s Island. But if he is sent away -for more than a year, he is taken to Sing Sing, or Bear Mountain, the -new prison on the west bank of the Hudson, where if he is a first -offender, he is detained till he has finished his time. - -As soon as he leaves Court, he is taken in charge by the Sheriff, or one -of his deputies, who hurries him off soon after to the prison destined -for the fulfillment of the sentence. - -In the case of those who have been sentenced to the electric chair, they -are taken the same day to the place where the sentence is to be carried -out. The reason for this is obvious. While in the Tombs or Raymond -Street jail, Brooklyn, he is visited by his friends, who might aid in -his escape or death by suicide. As the Sheriff knows from experience -that it is best to take no chances, he hurries him to prison at once. -After he reaches the death house, he is never again allowed to shake -hands with any of his friends, lest they might communicate to him poison -or a knife. - -After reaching prison, the prisoner is practically dead to the world, -except that his friends may visit him monthly. Some will return to -citizenship again as honest men; others will never pass through the gate -till they are carried out to a bed of lime in the little cemetery on the -hill-side. - -During the transition from court to prison, kaleidoscopic scenes pass -through the brain of the prisoner, and are continued indefinitely in his -little 3×7 cell, where he spends his first sleepless night. - -In England all persons sentenced to penal servitude for a period of two -years and over, are sent to what is called the Central Prison for six -months for the purpose of observation. This is done that the authorities -may be able to put the prisoner to some work best suited to his nature. -The Central Prison is the Experimental Station of the English system. -The inmate’s physical, mental and moral nature are carefully inquired -into, and observations made. This reform was begun about a third of a -century ago, and has met with success. - -After the newly arrived prisoner enters the Sing Sing or Bear Mountain -Prison reception room, he is interviewed by an official, who forthwith -takes his pedigree. If the prisoner happens to have any money or -valuables, he is relieved of the same, and a receipt given him. They are -returned when he leaves the prison. - -As soon as the reception is over, he is taken by a keeper to the State -Shop. This is the storehouse for clothing. Here he receives a suit of -clothes, including underwear, shoes, stockings and cap. The next place -is the bath house, where the prisoner has the privilege of staying -fifteen or twenty minutes, after which he dons his prison garments, and -is sent to his cell for the night. “Some men have a natural aversion to -water, and refuse to take a bath when they come here,” said the -principal keeper of a large State institution, as he showed me around -his establishment. Being anxious to know what they did in such a case, I -asked: “What then?” “Oh,” said the P. K., with a twinkle in his eye, “we -fix ‘em all right.” I said, “How do you do it?” “Well,” he said, -pointing to a corner of the large stone bath-house, “We set ‘em up -there, and turn the hose on them. The fact is,” said the P. K., “we give -the kickers a good soaking, and then tear the clothes off their back, -and they never rebel against a bath afterwards. It cures ‘em, sure.” - -This is the first step in the transformation of the prisoner. Next day -he is taken before the P. K., who carefully interviews him, to know just -what particular work he is best fitted for. The P. K. may interview him -daily for three weeks or even a month before sending him to one of the -shops. If his health is not good, the prison doctor may be called in, -and if suffering from some contagious disease, he is sent to the -hospital, or if it is found that he has incipient or chronic -tuberculosis, he is sent to Napanoch, in the Ulster Mountains, or -Clinton Prison, in the Adirondacks. - -These steps in the reformation of the criminal are little known to the -outside world. But they are all necessary and important, and carefully -observed by our State prison authorities. - - - Prison Classification - -The proper classification of the inmates of our prisons is a most -important part of their treatment, looking to their reformation. This is -something that has been sadly neglected in the past by nearly all of our -prisons and reformatories. Elmira Reformatory is the exception, as it -comes the nearest to the proper classification of prisoners of any -institution in the country. It is nothing less than a crime to allow -novices to associate with hardened offenders, either in shops or yards, -where they can freely converse together. Such an association soon -changes the first offender into a real criminal who goes forth when his -time is finished with his brain all aflame to commit crime. - - - A Real Prison Reformer - -One of the best of our modern prison reformers is Mr. Cornelius V. -Collins, of Troy, N. Y. Since 1898 he has been Superintendent of State -Prisons, and has given excellent satisfaction, not only to many of our -leading reformers, but to the men in prison. He is a man of energy and -ability and knows how a prison should be conducted, and is intensely -practical in everything he does. Since he has had charge of our State -prisons, he has inaugurated many valuable reforms which have been a -blessing to the inmates, which easily leaves him in the front rank of -prison reformers. It was through Mr. Collins’ enterprising efforts and -practical foresight that the Star of Hope was first started soon after -he became Superintendent of Prisons. He saw the great need of such an -educational helper, as well as the importance of utilizing the -intellectual strength of the men and women behind the bars, and having a -splendid printing plant then lying idle at Sing Sing, he felt the -success of his new enterprise was assured. - -Since then many of the other prisons outside of the State have monthly -publications, but none of them can be compared to the Star of Hope for -enterprise, dash and intellectual vigor. - -Mr. Collins has made so many successful reforms in the penal -institutions of this State since he became Superintendent of Prisons, as -to commend him favorably everywhere. Many of our prison wardens and -reformatory superintendents are good practical men, but they have not -been able to carry out the reforms which were necessary even in their -own institutions. Mr. Collins having had the courage of his convictions -and the support of the State Prison Commission behind him, saw to it -that his own reforms were strictly carried out. - -In regard to the Parole Law, if Mr. Collins is not the author of it in -its entirety he certainly suggested most of it, and worked harder for -its passage than any man living, and it would have been vastly more -comprehensive, if it had not been for some men who objected to it being -applied to first offenders charged with more serious offences. If Mr. -Collins had done nothing but champion this one law he would have -deserved the lasting gratitude of good men everywhere. - -Before we can rightly understand the advances in prison reform that have -taken place the past hundred years, we ought to be familiar with the -treatment accorded prisoners in the early centuries of the Christian era -and for hundreds of years afterwards. The prisons we read of in the -ancient world were places of pestilential horror. They were dark, damp, -and unsanitary dungeons, from which the sunlight was entirely excluded, -where the chains rusted on the arms and feet of the prisoners, and where -they were frequently left to die of starvation. - -The ancient method of dealing with criminals was threefold, namely, -death, exile and physical punishment or torture. Some of these methods -prevail in some parts of Europe to the present time. But the Christian -ideal of prison management is several steps higher. It has not yet -reached it, but it has been forcing itself upon the world for many -years. We believe a prison ought to be a place where the offender -against human law is to be reformed or Christianized, and afterwards -restored to society an industrious and useful man. - -The prevailing idea in some of our criminal courts is that the average -prisoner is not only a dangerous character, but also a hopeless moral -and social defective and must be restrained and punished permanently. -After the criminal has been sent to a penal institution, the authorities -there, as a rule, seem not to care whether he is reformed or not. -Indeed, the prisons of to-day, with few exceptions, cannot reform the -unfortunates therein, as they are not conducted on Christian principles -nor by Christian men. Our legislators have not yet learned that the only -positive reclaiming force in the world for criminals is the religion of -the Lord Jesus. Not only is this true, but many of the persons who -manage our prisons do not believe in religion themselves and certainly -have little faith in it for others. - -There is so much indefiniteness of idea as to what prison reform is, -that it would be well at the outset to say what we mean by it. We would -define prison reform not only as the reformation of the prisoner, but -the more efficient management of our prisons by men of fitness and -experience in the interest of humanity and economy. - -Among the other reforms inaugurated by Mr. Collins since he took charge -of our prisons of this State was the abolition of the lock-step. All men -that are now sent to our prisons are drilled by a regular military -instructor and march no longer to the mess hall or the shops in the -lock-step, but as soldiers. This gives them a manly bearing and helps -their general health. - -Some of Mr. Collins’ other reforms consist of the abolition of the -convict striped suit for first offenders, and no longer cutting the -convict’s hair short, except for sanitary reasons. Abolition of tin -plates and tin cups used at meals and crockery substituted. The -numbering of each one’s laundry and permission given to first offenders -to wear “honor bars” on their sleeves for good conduct, which gives them -special privileges. Mr. Collins has raised the moral tone of our prisons -in other ways, all of which shows him to be a man of energy and of a -practical turn of mind. - -There is one other place where reform can be carried out to good effect. -In nearly all of our State prisons and penitentiaries there are -suppressed murmurings over the prison food. Coarse food that is not -eaten is dearer in the end than palatable food that is consumed with a -relish. For the purpose of having good discipline in our large prisons I -would suggest the following: Put every inmate on his good behavior and -give the men a chance to earn three good meals a day. - -If they are well behaved, let them eat at the Warden’s table. This plan -is no longer an experiment, for it has been tried, it is said, in some -of our Pacific prisons, and works like a charm. The old saying that the -best way to reach a man’s heart is by his stomach has been found true. - -Let there be three tables in each prison. - -1. The first table is for men against whom there is no mark for rudeness -or breaking the rules for one whole month and who do their work well. -The board is first class at this table and each convict is entitled to a -napkin. They are allowed to converse with each other and have waiters. -Call it the Warden’s table. - -2. The second table contains the regular prison fare. It is for those -who rebel against doing their work or wilfully disregard some of the -rules of the institution. The table is made of plain pine boards. Here -they eat their food in silence, without table cloth or napkin. - -3. The third table is called “Bread and Water.” For their meals three -times a day they receive plenty of dry bread and an unlimited quantity -of water. When they are confined to their cells for bad conduct the -bread and water is brought to them. - -When this course was first tried on the Pacific Coast, it was found that -at the end of three months, one-half of the men were able by their good -conduct marks to secure a seat at the best table. At the end of six -months two-thirds of the men sat at the first table. After a year’s -experience nine men out of every ten were able to keep the law and -behave like gentlemen, so as to sit at the best table. This change has -wrought wonders in some of the prisons of California. - -I do not believe the criminal is the victim of an unavoidable destiny, -or that there is any inexorable necessity for his continuing the life -which makes him a social anarchist, or that he is beyond the reach of -reform. I believe if you treat him kindly his better nature will respond -to it and he will show himself a man. That crime is a moral disease that -is transmitted, the same as depravity, I believe to be true. I believe -further that early training, environments and cross-grained -individuality will account for nearly all of our present day -criminality. - -Some one has said: “The soul of all reformation is the reformation of -the soul.” If such were the aim of the prison authorities, the -prisoner’s transformation would only be a question of time. But this is -not the case, and such an object is far from their mind. Yet the -religion of Jesus Christ is the only thing that gives permanency to -character. At the present moment the reformation of the criminal and his -return to freedom again as a man among men, never enters the mind of the -majority of our prison officials. All they care for is simply to hold -their charges in safety until their term expires, then turn them loose -again no better than they were before. The one great reason for this is -that the heads of departments are politicians and are given office -simply because they are a controlling power in their ward or county. -They well know when they take office that their tenure is exceedingly -brief, and they must make hay while the sun shines, by disappointing -their enemies and rewarding their friends. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXIV - - THE INFLICTION OF THE DEATH PENALTY IN THE TOMBS - - -Friday has always been known as hanging day at the Tombs. It was the day -set apart from time immemorial and the New World continued it in -deference to Old World customs. Friday with few exceptions had been -adhered to in New York County for over fifty years, and the spectacle -brought together a large concourse of people, largely of the noisy -class. In the early history of New York criminals were executed in -vacant lots north of Canal Street and also on Blackwells Island. - -After the opening of the Tombs in 1838 it was ordered by the authorities -that all hangings should take place within the prison enclosure. As the -walls of the prison were from ten to twelve feet high, the people that -owned property around the Tombs took advantage of the occasion and -charged from one to five dollars for seats on the roof of the houses for -people who cared to see the hangings. - -As we have intimated, the city on such occasions presented a holiday -appearance and brought together a large number of people from the -surrounding villages. They remained within sight of the building from -early morning till they saw the black flag hoisted, which announced that -the victim had been launched into eternity. - -But the whole scene was such a gruesome spectacle that no refined person -cared to see it, and a large number of people considered it a godsend -when the hangman’s job was given to the State Electrician and the work -transferred to the death house at Sing Sing. - -The first and earliest Tombs homicide that attracted much attention and -excited the people of this city, was that of John C. Colt, charged with -the murder of Samuel Adams. Colt was a professional penman and teacher -of bookkeeping; he had an office on the second floor of a building on -the corner of Broadway and Chambers Street. Samuel Adams, a printer, was -in the same building. Colt had written a work on bookkeeping and Adams -had printed it. - -On September 17th, 1841, Adams came into Colt’s office, where the two -men had a heated discussion over the printing bill which Adams was -trying to collect. Several hard words passed between the men, such as -liar, cheat and so forth. Then Colt up with a hammer which lay on the -table and rained several blows on Adams’ head. There was a brief -struggle after which the printer lay on the floor in a pool of blood. - -In the next room a man named Wheeler was busy at work. He had heard the -loud words between the two men and the struggle; he was curious to know -what it all meant. In a few minutes he went to Colt’s door in the hall, -peeped through the key hole, and was startled with what he saw; he -returned to his room, but said nothing to any one. After a few days -Wheeler reported what he saw to the authorities and became an important -witness for the State. Next day Colt put Adams’ body in a box and -shipped it to New Orleans. - -The vessel was delayed for a week by storms. Before the ship reached its -destination, passengers and crew were overcome by a terrible stench that -came from the hold of the vessel. After a thorough investigation, Adams’ -body was found in a box among the freight. The authorities were notified -and the box traced back to where it came from. As a result Colt was -arrested and indicted for murder in the first degree. Colt, after he had -been in the Tombs for a few weeks, made a confession, saying the crime -was done in self defence. The trial lasted ten days. The jury brought in -a verdict of murder in the first degree, and Colt was sentenced to be -hanged November 18th, 1842. - -On the day of his execution, when the Sheriff went to Colt’s cell to -prepare him for the last struggle, he was startled to find him dead. -Just then the cry of fire was raised, which caused intense excitement -among the officials and prisoners in their cells. - -The lurid glare which came from the burning cupola and which cast a -shadow on all sides, attracted wide attention and a great crowd of -people. After the fire was extinguished and order once more restored, -Colt was found in his cell in a pool of blood. Many persons in the city -believed that the burning of the cupola was a well designed scheme to -save Colt from the gallows, and in the midst of the excitement Colt -escaped through one of the side doors by the aid of powerful friends and -a dead body from one of the hospitals was substituted in his place. A -few years ago Charles Wesley Smith, a resident of New York, informed the -writer that he was present at the burning of the Tombs cupola, November -18th, 1842. A great crowd came to witness the raising of the black flag -which was to be the final act in the hanging of Colt and which announced -to those on the outside that the sentence of the law had been carried -out, but it failed and the general opinion was that Colt escaped. - -Mr. Smith says that he stood in front of a blacksmith’s shop, opposite -the prison, in Centre Street, with many others, when he saw dense smoke -coming from the Tombs cupola. In a few minutes there was great -excitement in and outside of the building. In the prison yard it is said -pandemonium reigned supreme, the shrieks and yells of the prisoners -begging to be taken out of the building could be heard a block away. -Soon after the firemen reached the prison they played a small stream of -water on the fire, which quickly extinguished the flames, and it was all -over in half an hour. The general prevailing opinion among the people of -the city at the time was that a scheme had been carried out successfully -which permitted Colt to go scot free. And that the cupola fire, which -was a put-up job, aided him greatly in his flight. - -During all of these years the regular hangings took place in the Tombs -yard, and usually occurred between six a. m. and twelve noon. Hundreds -and sometimes thousands of people waited on the street, or squatted on -the roofs of buildings to see the sights, which were accompanied by -drunkenness and disorderly conduct. On the site of the present Criminal -Court Building, on Centre Street, was the Freight House of the New York, -New Haven and Hartford Railroad Company, on the roof of which were often -gathered a hundred persons waiting to see the black flag rise as soon as -one was executed. - -On August 21st, 1888, Dannie Lyons was executed. He had been a member of -the “Whyo Gang,” who hung out around Leonard and Centre Streets. They -had put up a strong fight to save their comrade, Dannie, but it failed. -The gang numbered about thirty or forty persons and was made up of some -of the worst desperadoes in the city. And when all their efforts failed -they had threatened to make trouble in the “Bloody Sixth Ward.” On the -night of August 20th, they spent the time in a low dive on Mulberry -Street near the Bend. They were in front of the Tombs early on the -morning of August 21st. Most of them had booze and were in a sullen -frame of mind and were ready for trouble. The presence of the Elizabeth -Street Police overawed them and everything passed off quietly. Dannie -Lyons’ father was at the prison and appealed to the Warden for the -privilege of seeing his son executed, but his appeal was denied. - -On August 23rd, 1889, four men paid the death penalty, the largest -number ever hanged on one occasion. They were executed one after the -other in rapid succession. Their names were Ferdinand Caroline, Patrick -Packingham, James Nolan and Jack Lewis. Hangman Atkinson was on hand, -and it is said performed his duties with neatness and dispatch! - -These Tombs hangings furnished a favorite pastime for the rougher -element of the lower East Side, including Mulberry Bend and Chinatown. -“How did the bloke take it?” was a common expression from one who had -not the pleasure of being a spectator. The reply usually given was, “It -was tame,” or “He was game,” or “I could do much better myself.” - -The execution of these men was the talk of the city for weeks -beforehand. And although desperate efforts were made to save them, they -failed, as the Governor refused to interfere with the sentence of the -law. - -The four men after being taken from their cells on “Murderer’s Row,” -were lined up in the Prison yard beside their spiritual advisers. The -first toward the gallows was Ferd. Caroline. As he was pinioned by the -sheriff’s men one could hear from the adjacent building crumbs of -comfort for poor Ferd, who was rather sad that morning. As he stood on -the scaffold some one cried, “Brace up Ferd, be a man.” After him came -Patrick Packingham, who was of a rather melancholy disposition and who -had to be helped on the scaffold. “Paddy,” said one of his companions, -“Cheer up, we’re coming after you.” Then came “Jimmie” Nolan and Jack -Lewis, jollying each other in the course of their preparation for death. - -The last man who had the “honor” of being hanged in the yard of the -Tombs Prison was Harry Carlton, better known as “Handsome Harry,” which -took place December 5th, 1889. Carlton was said to be a daring criminal, -and had an exceedingly unsavory and nervy record for fifteen years -previous to his death. He was convicted of the murder of Policeman James -Brennan, whom he shot on the night of October 26th, 1888, in Fifty-ninth -Street near Second Avenue. On the morning of his execution, when they -awoke him out of a sound sleep, he asked the time of day. When they -informed him it was five o’clock, he replied, “Great Scott, my time is -getting short.” - -Carlton’s father came to the Tombs that morning and begged Warden -Osborne to permit him to see his son pay the penalty of the law, but the -Warden denied his request. Shortly after seven, Carlton heard the Death -Warrant read. Soon after he was led to the scaffold, where Hangman -Atkinson adjusted the rope and put the black cape over his face, and at -seven twenty-nine a. m. the drop fell and he was launched into eternity. -In five minutes afterwards his lifeless body dangled on the scaffold. At -nine-thirty a hearse drove into the yard and his body was put in a -casket and taken to the cemetery, followed by another carriage, in which -were Carlton’s wife and child. - -Up till last hanging in 1889, murder, riot and rowdyism were never more -common, showing clearly that the Tombs’ execution had no deterrent -effect whatever on the criminal classes of the city, but the opposite. -Murder went on just the same. From the time when Colt killed Adams in -August, 1841, till the present, the Tombs has not been without a score -of homicidal inmates and many of them of good standing in the comunity. -Carlyle Harris, Dr. Buchanan, Dr. Kennedy, Dr. Meyer, Albert T. Patrick, -Harry K. Thaw and many others came from good families. - -The following list of criminals executed from 1838 to 1889 is taken from -the official records of the Tombs: - - - Patrick Russell December 8th, - 1841 - - James Eger May 9th, 1845 - - Charles Thomas November 20th, - 1846 - - Matthew Wood June 2nd, 1849 - - Benson & July 25th, 1851 - Douglass - - Aaron Stokey September 19th, - 1851 - - Otto Grunsig February 27th, - 1852 - - Patrick April 19th, - Fitzgerald 1853 - - William Saul January 28th, - 1853 - - Nicholas January 28th, - Howlett 1853 - - Joseph Clark February 11th, - 1853 - - James L. Hoarr January 27th, - 1854 - - John Dorsey July 17th, 1857 - - James Rodgers November 12th, - 1858 - - James Stevens February 6th, - 1860 - - John Crimmens March 30th, - 1860 - - Albert Hicks, July 30th, 1860 - alias Johnson - - Nathan Gordon February 21st, - 1862 - - William Hawkins June 27th, 1862 - - Bernard Friery August 17th, - 1866 - - Frank Ferris October 19th, - 1866 - - George Wagner March 1st, 1867 - - Jerry O’Brien August 2nd, - 1867 - - John Reynolds April 8th, 1870 - - John Real August 5th, - 1870 - - John Thomas March 10th, - 1871 - - William Foster March 21st, - 1873 - - Michael Nixon May 16th, 1873 - - William December 17th, - Thompson 1875 - - William Ellis December 17th, - 1875 - - Charles Weston December 17th, - 1875 - - John R. Dolan April 21st, - 1876 - - Chastian Cox July 16th, 1880 - - Pietro Balbo August 6th, - 1880 - - William April 21st, - Sindrain 1882 - - August D. May 19th, 1882 - Leighton - - Michael McGloin March 9th, 1883 - - Pasquale Majone March 9th, 1883 - - Edward Hovey October 19th, - 1883 - - Miguiel Chacon July 9th, 1886 - - Peter Smith May 5th, 1887 - - Daniel Driscoll January 23rd, - 1888 - - Daniel Lyons August 21st, - 1888 - - Ferdinand August 23rd, - Caroline 1889 - - Patrick August 23rd, - Packingham 1889 - - James Nolan August 23rd, - 1889 - - Jack Lewis August 23rd, - 1889 - - Harry Carlton December 5th, - 1889 - - -[Illustration: - - The front entrance to Sing Sing Prison.] - -[Illustration: - - The Protestant chapel. Sing Sing prison.] - -[Illustration: - - The electric chair in Sing Sing prison.] - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXV - - A VISIT TO THE DEATH HOUSE AT SING SING - - -One of the never-to-be-forgotten visits of my life was the one I paid to -the Death Chamber at Sing Sing on October 11th, 1900. - -The visit in question was at the request of an inmate in whom I was -deeply interested, and who was finally awarded a new trial by the Court -of Appeals. - -The edifice known as the Death House is built of solid stone and is -oblong in shape. Its dimensions are 66×30. It has no windows on the -sides. The only place the light comes in is through the skylight. At -night the electric glare fills every part of it. The door is approached -through a long corridor, which is locked at night so as to make the -place doubly safe. When the Death House was first built, it contained -eight cells of solid stone and steel. Since then two more have been -added, making ten cells altogether. - -Armed with an order from a Supreme Court Judge, which I presented to -Warden Johnson, I was led along corridors and passageways till I came to -the office of the principal keeper, who then took me in charge. After a -brief delay we came to the inner door which is made of steel. A dull -heavy thud from my guide, the principal keeper, brought the inside guard -to the bull’s eye. He then saw who were at the entrance without opening -the door. In a few seconds I was inside the death chamber and the steel -door was closed on me. I was then in a place the law calls a living -tomb. It was as still as the grave. Not a word was spoken in the room -above a whisper. As the shoes worn by the condemned men and keepers are -made of felt, no sound came from their movements. These felt shoes are -called “sneakers.” The law says that all persons sent to the electric -chair must be kept in solitary confinement and in silence till the -sentence of the Court is carried out. - -Perhaps I ought to say that the mode of changing the death penalty from -hanging to electricity went into effect in the three State prisons of -New York in January, 1890. The electric chair was set up in Sing Sing in -the latter part of 1889, so as to be all ready the following year. On -account of the uncertainty of the law, no electrocution took place in -this prison until July 7th, 1891; then four men were electrocuted on the -same day, one after the other. The names of these men are as follows: -James J. Slocum, Harris A. Smiler, Joseph Wood and Schihiok Jugigo. - -Nearly two years after the first electrocution, when the death house had -five inmates awaiting the death sentence, Osmond, George Megan, Carlyle -Harris, Thomas Pallister and Frederick W. Roche, the two latter -prisoners made good their escape from the death chambers on the night of -April 20th, 1893, and have never been seen or heard of since. These -escapes caused a great sensation at the time, as they were the most -daring that ever took place, and they seemed to be so well planned and -successfully carried out that the general belief was that a dozen of -people must have had a hand in it. - -The manner of their escape from the doomed quarters was as follows: It -had always been customary since the death house was first opened for the -inmates to have food warmed at night on one of the stoves. Nor was it -uncommon for the keeper in charge to let the prisoners come out of their -cell and brew tea or coffee at midnight on a stove which stood in the -centre of the room. On the night in question, Frederick W. Roche, one of -the condemned men, requested Keeper Hulse to permit him to leave his -cell so that he might warm some tea, as he had eaten no supper. The -keeper readily acceded to his request as he had done so many times -before, not thinking that anything was wrong. Just then Roche threw a -handful of pepper into the keeper’s eyes, which almost blinded him. Then -Roche took away the keeper’s pistol and keys, and locked him in the cell -which he had just vacated and threatened to kill him if he made the -slightest disturbance. - -After he had opened Pallister’s cell, he invited the other prisoners in -the chamber to accompany him, but they all declined. When he requested -Carlyle W. Harris to come with him, he politely refused, saying that as -he was innocent, he preferred to wait till the Courts gave him a -vindication. But the vindication never came, as Harris was afterwards -electrocuted, the highest Court having denied his appeal. Pallister and -Roche left the death house by way of the skylight window, then dropped -into the yard, a distance of fifteen feet. Strange to say, the yard -keeper could not be found—where was he? And stealing a boat, which was -afterwards found, they made for the river and disappeared. This looks -like a put up job! - -Strange to say, these jail breakers were gone nine hours before the -authorities knew what had taken place. As soon as Warden Brown took in -the situation, he dispatched searching parties on both sides of the -river, but without the least success. He also suspended Keepers Hulse -and Murphy, and Yard Watchman Maher, and then started a searching -investigation to find out how it was possible for these criminals to get -away as they did. After the investigation, the Warden exonerated the -keepers and restored them to their positions. - -Where they went to after leaving the prison, no one has ever been able -to learn. A common opinion is that they may have been drowned in the -river, as two bodies were afterwards found, but this is not sure. Most -people seem to think that a schooner was awaiting them in the middle of -the river and took them to South America, and the graft in the job -amounted to $5,000. - -On the day of our visit to Sing Sing there were nine men in this doomed -building, all under sentence of death. A week before the Court of -Appeals had decided that one of the inmates, a Greek, should have a new -trial, which left a vacancy. The persons then present in the death -chamber were all well known to me except the two men from Brooklyn, who -were Italians. - -The whole scene presented to my mind a grewsome spectacle. I was then in -the place for the first time, which Mr. Roland B. Molineux describes in -his book as “The Room with the Little Door.” - -The eight original cells are ranged in a row side by side against the -south wall. The thick horizontal steel bars make you think of a cage of -wild beasts. In front of each cell,—perhaps a foot from the steel bars, -there is a closely woven steel wire netting which prevents a visitor -from passing anything to the condemned man, or even shaking hands with -him. All conversations must be carried on in whispers. A few doors away -there is a little room which contains the death chair. All around it -there are straps, belts and wires, which are used for fastening around -the body and legs of the condemned man when the sentence of law is about -to be carried into effect. As you again look over the audience in the -death chamber, unconsciously your blood chills and the cold sweat drops -in beads from your brow. It is a dreadful place. Human beings waiting -for the slaughter! - -Here are the names of the inmates I saw that day: Roland Burham -Molineux, Dr. Kennedy, Eddie Wise, Jim Mullen, Fritz Meyer, William -Newfeldt and Druggist Priora. - -The two condemned men from Brooklyn, Ferraro and Zigwers, I did not know -and had no particular interest in them except one of pity. - -I came that day to see Mr. Molineux, whom I had known in the Tombs as a -courteous gentleman and one that everybody liked. It seems almost -unnecessary to say that he received me with his usual blandness. As I -came up to the steel woven screen he smiled at me. I remember he looked -pale and worried! And his eyes were dull and heavy. I tried to give him -a little comfort as best I could under the circumstances. - -I knew that in time Mr. Molineux would secure another trial and it came, -thank God, and I was one of the first to congratulate him after the jury -had filed into Court and said, “Not guilty.” - -While I was speaking to Roland, Dr. Kennedy was having a visit from his -wife. I saw her on the train coming up but I reached the prison some -time before her as I came by way of the railroad track. - -I had only a few words with Dr. Kennedy. I could see that he was in a -state of great nervous excitement bordering on collapse, and no wonder, -for his case was that day before the Court of Appeals. It was in the -balance. The judges were then considering the circumference of the lead -pipe which was the one thing in his case that led to a new trial. A -sixteenth part of an inch decided his fate! I looked at Kennedy again -and again; he was a study! His eyes were like balls of fire, his hair -stood upright, his hands held on to the steel bars of his cage and -braced him while he spoke to his wife. The strain was telling on him! -His face was pallid and he looked as if he had not slept in a month. Not -only did he look dejected and worried on account of the ordeal through -which he was then passing, but he looked like a man almost beside -himself. The Court of Appeals gave him a chance for his life, and after -three trials failed to convict him, he was liberated. Since then the old -indictment against him has been quashed. - -There was another young man in the death house that morning. He was a -New Englander—only a few feet away! It was Eddie Wise—an intelligent, -wide-awake and bright young man. For several years he had led a wild -life as the companion of criminals. What brought him here? Under the -influence of cursed rum he took part in a “highway” in which the victim -was killed in defending his watch and money. The other two “crooks” got -away, and have never been found. This young man who simply looked on was -held as a principal and convicted of murder in the first degree. - -There is another man present who killed a companion at a game of cards -on a Sunday afternoon. They had all been drinking; after a quarrel he -went for a gun and shot his friend to death. He has a wife and five -small children. Poor Priora! - -The others in the cells are Jim Mullen, an ex-English soldier, Newfeldt, -the Jew, and Fritz Meyer—all of them passed through the little iron door -and paid the penalty of the law for their crime! - -Some of the inmates call the death house a “Modern Inferno,” but I could -not read Dante’s inscription, written over the portals, “None return -that enter here.” Indeed, some who had spent from one to two years in -those chambers of death have afterwards gone forth to liberty, and are -now living in freedom. I have often thought that the awful monotony, the -solitary silence, the deprivations of papers, letters and friends were -enough to drive men in such a place crazy. But when one of the inmates -came back to the Tombs to stand a new trial, I asked him regarding these -things, and he informed me that they can only stand that awful silence -and suspense a few days, when they break out and for hours make the -place hideous with their yells. - -An Italian named Raeffello Casconea returned to New York for another -trial in July, 1906, after having spent thirty-one months and -twenty-three days in the death house. During this time he saw twelve men -go into the “Room with the Little Door,” who never returned again. -Casconea occupied cell No. 1, and as the men passed into the death -chamber he was permitted to shake them by the hand and wish them good -cheer. At the second trial in this city, Casconea was liberated and -since has kept a coffee house on Mulberry street. On August 10th, 1909, -he was shot by the seventeen year old brother of the man that he was -alleged to have killed. Casconea has since died. - -The whole number of persons electrocuted in Sing Sing from January 1st, -1890, till July 1st, 1909, according to the prison records, was between -fifty and sixty. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXVI - - A TRAMP COLONY - - -Every year our City Magistrates send to the Workhouse on Blackwell’s -Island no less than twenty thousand persons. This is entirely -independent of the number sent from Kings County by the Magistrates of -Brooklyn, Richmond and Queens. - -By far the largest number of this contingent are the residuum of dregs -of society. As soon as they have their liberty they prey upon society. -And when they are in the toils again the ubiquitous gin-mill will -account for it. But there are other reasons, and some of the -responsibility will have to be laid at the door of our present social -conditions, which need considerable re-adjusting. - -It is needless to conceal the fact that a large percentage of this class -is made up of thieves, drunkards, incorrigibles and homeless tramps. As -they cannot find employment readily, they eke out a precarious living -for a time as panhandlers and deadbeats and then return to prison, only -to continue the same experience several times a year. As their -imprisonment does them no good and as they are a great expense to the -city and county, it becomes a serious problem what shall be done with -them. At the present time the cost of crime in Greater New York is no -less than twenty-five per cent. of the entire taxation. - -We must therefore consider this subject intelligently with a view to its -solution. But whether these social conditions can be explained fully to -one’s satisfaction matters very little. We question the right of the -authorities to maintain any longer this army of idlers without making -them work to pay the cost of their own living. - -For some years past we have observed that hundreds—possibly thousands of -unskilled laborers, many of whom are in the building trades, reach the -dead-line about forty years of age. If they have lived intemperate lives -and happen to be single or widowers, when winter sets in and they find -themselves out of employment the only thing they can do is to apply to -the Magistrate and ask to be committed to the workhouse as vagrants for -three or six months. And many of them, after they have finished their -time and secured their liberty are no better off, and painfully return -to the Police Court for the twentieth time perhaps, to be the city’s -ward in the workhouse. What else can they do, or die on the street from -sheer starvation? - -This raises the question, what shall be done with our army of “tramp -rounders” and incorrigibles? To continue to send them back to prison or -workhouse for a few months is simply to prolong the evil and their own -misery. Criminals are jailed and released in this county every year by -the thousand, only to oscillate between prison and a brief season of -liberty. When they leave the place of their confinement they seldom bid -their keepers good-bye, only “au revoir.” When they come among their -fellow men again they are not better. They have spent months or years in -prison in idleness, and surrounded by vile companions, and they are no -better. But why should they be allowed to endanger the life and liberty -of society any longer after the experiences of the past? How long we can -maintain such a system it is difficult to say. At any rate, the cost of -maintaining our prisons is becoming enormous and the problem of what -shall be done with “rounders” and hardened criminals, that prey upon -society as soon as they get out of prison should be solved from a -business and moral standpoint. - -We believe the time has come for this whole matter to be thoroughly -sifted and a remedy found that will be commensurate with the present -needs. The aim should be the moral reformation of the criminal; nor do -we think any remedy will be adequate that falls short of this object. -But in working for this end we must not exalt criminals into objects of -popular pity. - -A few years ago a committee of the National Prison Association examined -this whole subject and reported that every habitual criminal at large -cost the State by robbery and spoilation no less than sixteen hundred -dollars annually, and if in this State alone the taxpayers could be -relieved of this burden it would be a saving of six million dollars a -year. - -Unfortunately New York and vicinity have a large army of unemployed at -all seasons of the year—even when we are blessed with what is called -“good times.” This is especially true of multitudes who are employed in -the building trades. As a rule, contractors who are excavating and -blasting for new buildings can always find twenty times as many laborers -as they usually need. - -But the wealth of the country is so great and the opportunities for -employment so vast that the hustler can always find employment in some -part of the country. Often large numbers of men and women are unable to -find employment at any occupation, even when we have prosperous times. -Nor are they to blame entirely for this. Many large corporations, such -as railroads, will only give employment to the young and vigorous who -are able to produce the largest amount of work, which means that the -weak and infirm are soon driven to the wall, and at the first -opportunity dropped from the pay roll and after a certain age are unable -to find employment at anything. - -At an expenditure of say $100,000, several cheap plants could be erected -on Riker’s Island, on Long Island Sound, where domestic articles could -be manufactured at merely the cost of the raw material, and this army of -tramps that infest the boroughs of Greater New York summer and winter -could be made to pay the cost of their own living expenses. For example, -ten or a dozen small shops could be erected that would give employment -to 2,000 men and women who would produce things that would in no wise -compete with the great labor industries of the country. - -The following are some of the industries that could be carried on by the -wards of the city of New York: - - Broom making, - Brush making, - Chair caning, - Laundry work, - Shoe making, - Tailoring, - And in summer Agriculture and Horticulture. - -The city could rent a thousand acres of land in Westchester County on -which garden produce could be raised and sold to the poor at low -figures, which would give employment to from 500 to 1,000 persons. From -the middle of April till the middle of October they could live in tents, -which in many cases would greatly improve their health. - -The cultivation of the soil under proper restrictions is a most -healthful labor and cannot fail to show good results if properly carried -out. French penologists and reformers speak of the system in the highest -terms and recommend its adoption all over the world. If necessary these -convicts could be used in works of irrigation or canals for the Federal -Government, or indeed, the carrying on of public works in any part of -the country. - -M. Demetz, a French philosopher and founder of the Mettray Reformatory -in France, has, for many years, advocated the cultivation of large -tracts of land by criminals. His motto has been, “Reclaim the land by -the man, and the man by the land.” Since 1850 France has had -agricultural colonies for young offenders in crime, where they are -compelled to stay from six months to two years. They cultivate the soil -on a paying basis, and the success and management of the farm colonies -has been eminently successful, as only seven per cent. of their numbers -return again to crime. - -French economists think that money has never been more wisely spent than -for such institutions, as the returns show that ninety-three per cent. -of the inmates after their liberation become useful members of society. - -It seems to us that no country in the world would carry out penal -colonization schemes with greater advantage and better results than the -United States. - -The peaceful conquest of large tracts of lands in this State, means the -acquisition of more domain within our own borders, in which there may be -homes and farms for hundreds of our surplus population. - -There are several thousand criminal and vagrant idlers who at the -beginning of winter go before Justices of the Peace in the country towns -and are committed to the county jails for several months, where they -live in idleness on the fat of the land. Such people ought to be in some -colony and kept there till cured of their delusions. - -Section 690 of the Penal Code lays down the statute very clearly on this -subject: “Where a person is hereafter convicted of a felony, who has -been before that conviction, convicted in this State, of any other -crime, or where a person is hereafter convicted of a misdemeanor, who -has been already five times convicted in this State of a misdemeanor, he -may be adjudged by the Court, in addition to any other punishment that -may be inflicted upon him, to be an habitual criminal.” - -Section 691 says, “The person of an habitual criminal shall be at all -times subject to the supervision of every judicial magistrate of the -county, and of the Supervisors and Overseers of the Poor of the town -where the criminal may be found, to the same extent that a minor is -subject to the control of his parent or guardian.” - -Another large class of persons who are totally unfit to be at large are -kleptomaniacs, dipsomaniacs, pyromaniacs, epileptics and incendiaries. -They should be placed permanently in an asylum. If necessary they could -be deported to some island, where many of them could be put to work to -cultivate the soil. - -What we shall do with our unemployed criminals who roam the country in -search of plunder is becoming a very serious problem. It is said that -New York has from forty to fifty thousand ex-criminals. This is a low -estimate. Whether it is true or not I am not prepared to say. At any -rate, there are enough to keep over ten thousand policemen busy watching -for this fraternity night and day. - -It is safe to say that New York alone has a floating population of -twenty thousand habitual criminals, who are ready at any moment to -commit crime, without a moment’s warning, and then sail under a new name -or leave for parts unknown. - -There are also at least forty thousand men and women habitual -misdemeanants in New York, who have been in prison for small offences, -such as drunkenness, disorderly conduct, assault and petit larceny, from -one to fifty times, and even more. What is going to be done with these? - -The only remedy for the twentieth century tramp and habitual criminal is -either to cure them, exile them or kill them. What shall it be? Perhaps -the better and more humane method would be to colonize them until -permanently reformed and cured. But while locked up they should be -compelled to work for their living. - -The obstinate criminal is a dangerous character. He lives on crime; his -hand is against every man, and naturally in the interest of self -protection every man is against him. It can be said of the unreformed -criminal what the frontier man says of the Indian—”dead Injun, good -Injun.” - -Nor should petty thieves, paupers or tramps be allowed to go at large -under any circumstances. They are social parasites and the State and -city authorities should place them where they can be cured of their -insane, lazy notions and made to work for a living or be permanently -locked up. They have no more right to be at large than lepers or yellow -fever patients, as they defile all with whom they come in contact. - -A well known prison authority told me a short time ago that hundreds of -men and women in this city go and return from prison like the swinging -of a pendulum, and they are hardly out of prison before they are back in -the toils again. What shall be done with them? That is the question -which our authorities are called upon to answer. - -The cost of crime in this city is enormous and, sad to say, is on the -increase, and nothing is done to make our prison population share the -expenses of their own keep; although it is well known that in deference -to our Labor Leaders more than half the prisoners in the country are -idle most of the time. - -We would suggest that the inmates of this colony be classified in the -following manner. - -1. The diseased. Segregate them by themselves in a charity hospital -until cured. - -2. The aged and infirm. Send them to the Almshouse. - -3. The able-bodied criminal rounder. Lock him up till cured. It is -dangerous to keep him at large. But make him work for his living. - -4. The chronic tramp and idler. Lock him up and make him work for his -living. - -5. The habitual drunkard. This man should be confined in a hospital till -cured, and afterwards put to work. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXVII - - THE COST OF CRIME IN GREATER NEW YORK - - -The cost of crime in the city of New York is a question of such vast -importance to the taxpayers as to seem bewildering. It is a most -difficult thing to follow crime into its various ramifications. If this -could be done satisfactorily, it would show that crime enters a larger -area than we think it does. The figures given below do not include the -building of a new prison on Riker’s Island, which is a needless waste of -$4,000,000. This, with many other steals, can be laid to Tammany -politics. Kings County Penitentiary, situated on Crown Street, Brooklyn, -was sufficient for all the needs of Greater New York for many years to -come, but schemers desired the land on which the prison was built, and -after some time, had it condemned and the plant and the real estate sold -for a song! - -Next to the liquor traffic, crime is our greatest National waste for -which there seems to be no adequate remedy. Crime burns the candle at -both ends as it affects old and young of both sexes in its ceaseless -undermining of human character, aiming at the moral and social -demoralization of the human race. - -If the police were to arrest the hundreds of criminals that remain at -large every year in this city, the correction and suppression of crime -would cost vastly more than at the present. In all likelihood the -expense would not be less than one-fourth of the entire cost of carrying -on the Government of Greater New York. - -We have made a careful study of the cost of crime in Greater New York, -and find that the amount of money appropriated by the civil authorities, -according to the figures of the Board of Estimate and Apportionment, -since consolidation in 1898, has increased every year. Since the -boroughs went into partnership, and took the name of Greater New York, -crime has increased from fifty to seventy-five per cent. Last year the -number of arrests in this city exceeded that of the previous year by -more than forty thousand, not to speak of hundreds of the most atrocious -crimes on record, such as murder, arson, assault, highway robbery, -burglary and larceny, that have baffled the detective bureau to discover -the perpetrators. - -Crime shows a larger increase in New York than elsewhere, because of the -large foreign population, although it is a well established fact that -crime is not the result of our foreign-born people as much as of their -children, who are classed as native Americans. - -In the following table the sums mentioned were appropriated by the Board -of Estimate and Apportionment for 1909. - -Perhaps I ought to say when we come to deal with the various departments -of the city government that are only indirectly connected with crime, we -find it more difficult to arrive at correct conclusions. Take for -example the sheriff’s office. This official’s work is both civil and -criminal. He has charge of the county jail and pays for the support of -the inmates. He takes full charge of indicted prisoners for felonies, -and after they are sentenced sees that they are safely landed in State -prison or penitentiary. But he also deals with many civil processes -besides. After making careful allowance, we set aside three-fourths of -the sheriff’s entire appropriation for crime. - -In the first statement below it will be seen that all the moneys -appropriated to the various departments and institutions are spent on -the correction and repression of crime alone. Here are the official -figures: - - Department of Police of Greater New $15,195,331 00 - York - - Department of Correction 1,274,957 00 - - District Attorney, New York 371,860 00 - - District Attorney, Kings 106,000 00 - - District Attorney, Queens 35,500 00 - - District Attorney, Richmond 12,900 00 - - City Magistrates, 1st Division 355,800 00 - - City Magistrates, 2nd Division 328,000 00 - - Special Sessions and Children’s 134,420 00 - Court, 1st Division - - Special Sessions and Children’s 94,800 00 - Court, 2nd Division - - General Sessions, New York 291,500 00 - - Juvenile Asylum 55,005 00 - - New York Catholic Protectory 326,500 00 - - Brooklyn Catholic Protectory 17,500 00 - - Jewish Protectory 50,000 00 - - Brooklyn Court Rents, etc. 40,000 00 - - Miscellaneous Criminal Expenses 75,000 00 - - ─────── - - $18,765,073 00 - - -In the second table the various departments of the city government that -are indirectly connected with the repression of crime are mentioned and -only a certain percentage allowed for criminal matters. - - Sheriffs of Greater New York, 75 $236,301 50 - per cent. - - Department of Health, 10 per cent. 248,485 00 - for Crime - - Department of Charities, 25 per 275,696 21 - cent. for Crime - - Fire Department, calls for an 4,019,782 75 - appropriation of $8,039,565.50. I - find after careful inquiry that - half of the fires in this city - are caused either by wilful or - criminal carelessness. Fifty per - cent. of that appropriation is - spent on crime - - Twenty-five per cent. may safely be 600,000 00 - allowed for the Criminal Expense - of the City Law Department, - Appellate Division, Supreme Court - and Miscellaneous Expenses - - Commissioners of Jurors’ office, 50 53,550 00 - per cent. for Crime - - Coroners’ Office, 50 per cent. for Crime - 79,850 00 - Miscellaneous Criminal Expenses in 220,000 00 - the Courts of Greater New York - - Private Penal Institutions that 250,000 00 - receive petty offenders - - ─────── - - $24,748,738 46 - - The Cost of Crime to $6,000,000 00 - business men and - corporations in - Greater New York - for Private - Police, Detective - Agencies and - Watchmen - - Property stolen and $5,000,000 00 - not recovered - - Bank losses by fraud 1,500,000 00 - - ─────── - - $12,500,000 00 - - Loss in Wages to Families of Men 5,000,000 00 - Sent to Prison - - ─────── - - Total Amount spent yearly on $42,248,738 46 - Correction and Repression of - Crime - - -The budget for the present year calls for the expenditure of -$156,545,148.14 to carry on the city government. A little more than one -sixth of the money appropriated by the city government for the year is -spent on crime. - -Admitting then that the expense of crime touches almost every avenue of -domestic and civic life, the only question is how long our national, -state and city governments can continue to pay such enormous sums for -the maintenance of police, courts of justice and the costliest and most -expensive kind of prisons and penal institutions that money can build -and furnish, without landing the country in irretrievable bankruptcy. - -With all the loopholes in the law which favor the murderer, it costs the -city at least $10,000 on an average to send him to the electric chair, -or even to State prison for life. - -There are 200,000 criminals in the land to-day, who are a burden on the -taxpayers to the extent of more than a billion dollars a year. But this -loss to the country, as we have already intimated, is incomparable with -the greater loss sustained by the kingdom of God. The work of reaching -these brothers in stripes belongs to the Church, and she should -prosecute it continually till she has brought them to Christ for healing -and saving power. - - ------------------------------------------------------------------------- - - - - - CHAPTER XXXVIII. - - THE AGE OF GRAFT. - - -We have had our stone age, our iron age and our steel age, now we have -our graft age. This is the age of the political highwayman who makes the -city and her people pay him tribute. This graft comes in the nature of -perquisites, commissions and assessments for the good of the machine and -those that run it. The graft disease first attacked the men in Congress. -The government paid good salaries to all of its servants and even their -mileage. But the railroads wishing large slices of the public domain -sent the members of both houses free passes. After this other big -corporations desiring special privileges were compelled to graft the -legislators or receive no favors. Then the disease attacked our State -law-makers, which in turn made everybody pay tribute to them, especially -rich corporations. To-day, graft is the bane of our Municipal -Government. And Tammany Hall has become the horse leach that cries, -“Give, Give,” and is never Satisfied! Nor is there any need of denying -the fact that we are reaching a period in American history greatly to be -deplored. Whatever may be said of our extravagance and high living, it -cannot be denied that New York is drifting on the Rocks of Municipal -bankruptcy. And the cause of it all is an insatiable desire for money, -for which honest labor is not given. - -With New York’s phenomenal increase in population and material -prosperity, since the close of the Civil War, the temptations for money -making have become so numerous, that a Tammany contractor can find more -wealth in paving one of the streets of the city than in a Klondyke gold -mine. As a result the city Government is now in the hands of a gang of -political-grafters, who are able to systematize the business affairs in -the interest of the House of Grafters on Fourteenth Street, and are able -to cover their tracks and “hoodwink” the people. - -The amount of money appropriated by the Board of Estimate and -Apportionment as the running expense of the city for the year 1909 is -$156,545,148.14, which is $13,722,089.91 more than was spent last year. -It may be fairly estimated that one-half of this amount is used to pay -salaries of all city employees and the other half the yearly supplies, -such as coal, books, stationery, printing, wagons, fire engines, rents, -etc., etc. From all of the supplies furnished to the various -departments, a commission of from twenty per cent. to twenty-five per -cent. reaches the men higher up, taking a circuitous route to do so, but -it gets there beyond the shadow of a doubt. This money is never given as -a commission, but as a gift to the organization, so as to keep within -the law. In round numbers these commissions will amount to not less than -$12,000,000 a year. No one will deny that nearly all the Tammany -employees of the city government pay into the organization yearly not -less than twenty per cent. of their salaries. Sometimes they are -assessed from five dollars and five thousand dollars, and if they refuse -to pay, they are black-listed and afterwards “bounced.” Twenty per cent. -of graft from the wages of city employees would amount to not far from -$12,000,000 a year. - -Then there is enormous graft from the purchase of real estate, school -houses and other buildings for the city, bridges, paving of streets, -sewers, public improvements, etc, etc., $12,000,000 of which will -eventually reach the house of grafters on Fourteenth Street. - -We have said nothing about the police graft, which, to use the most -conservative figures, will amount to at least $20,000,000 a year. The -larger part of this reaches the house of grafters and is used for the -purpose of buying elections and paying idle retainers who work for the -organization around a November election. In the collection of this -graft, brewers, malsters, saloon keepers, merchants, builders, -contractors, the great shipping interests of the city, dives, pool-rooms -and baudy-houses all pay tribute. Even bootblacks, cabmen and push cart -men have all to contribute to save themselves from petty annoyances. -Using the most careful figures, from sixty to seventy million dollars a -year is spent in graft. - -Gen. Bingham, in a newspaper article, estimates the city graft at a -$100,000,000 a year. Our figures are less as we wish to keep on the safe -side! - -Everybody knows that street railroads, gas companies and big -corporations of every name can tear up our streets and leave them in a -dangerous condition for months, but that could not be done without -paying “graft” to some persons! - -Nearly forty years ago Boss Tweed got away with something like four -million dollars from the city of New York. This startled the entire -country. But when Mr. Croker went to Europe a few years ago, he is said -by the “Boys” to have taken with him a fortune of fifteen millions cash! -Tweed’s roll looks more like thirty cents alongside of Croker’s, and his -successor, Charley Murphy, shows no signs of poverty thus far. If there -is a bigger grafting institution in the country than this place on -Fourteenth Street, we would like to know where it is. - -There are many ways whereby money can be used to advantage in enriching -and bribing city officials in return for favors that the temptations to -use graft are very great. Ordinarily, when we speak of graft, we mean -the payment of money or its equivalent, to some public official or even -a member of his family who is willing in return to perform a dishonest -act or wink at the violation of law. A considerable amount of graft is -received in the form of gifts and tips for favors given indirectly in -one way or another, that cannot be considered criminal. Still no -business man is willing to tip an employee of the city government -without expecting some favors in return. - -What the average city official receives as gifts and gratuities are -insignificant compared to what the “big grafters” receive who are the -leaders of our political organizations, from rich corporations and -railroads and for fat contracts, franchises and special privileges which -are worth millions of dollars. - -A few years ago the Lexow and Mazet investigators, who exposed this -graft plague in the city government, showed that many persons in the -police department, from the highest officials down to patrolmen, were in -the business for “Graft” and all favors and promotions cost money. It -also became known that a captaincy cost as high as $17,000 to $20,000, -and sometimes much higher. But the bi-partisan political character of -the Board was mainly responsible for this shameful corruption. Under -Gen. Bingham all this was done away, and merit ruled the department. - -For several years police officials have been involved in “Graft -Scandals,” and after their retirement from the department were found to -be immensely rich, besides having large real estate interests. This -condition of affairs has gone on so many years that the rank and file of -the force are not satisfied now with their regular salary, and demand -graft for protecting the “gin mill,” the “immoral house,” the pool room -and the “gambling hell,” all of which brings an enormous revenue. In -some cases everybody in the block is called upon to pay tribute, and woe -be to the one that refuses. - -A man named G........, from Chicago, who was arrested in the lower part -of the city for intoxication, told me, when he was in the station house, -he could remember distinctly the cop going through his pockets; when he -came to himself next morning he found he was minus a diamond ring and -some bills. The police had relieved him of all his money. When he called -for his money he had his face punched. - -There have been times when by the free use of graft, inside information -including secrets that are supposed to be carefully guarded by the -officials in the controller’s office, tax office, corporation counsel’s -office, board of education, office of the coroner and other departments, -have been given away by grafters to men who reaped thousands of dollars -thereby. - -A grafting contractor can afford to pay a dishonest municipal employe a -thousand dollars, or even five thousand dollars, for the information -that will enable him to secure the job to build sewers or pave streets, -erect a school house or build a bridge or a reservoir. Often “fake” bids -are made so as to secure the work to a ring of speculators who in the -end reap millions. - -The new water works for this city will cost at least $250,000,000. -Tammany Commissioners make fifty dollars a day. If they work twenty-four -days in a month they get $1,200. That is big money to men who are only -laborers in intellect! - - - - ------------------------------------------------------------------------- - - - - -● Transcriber’s note: - - ○ Missing or obscured punctuation was silently corrected. - - ○ Typographical errors were silently corrected. - - ○ Inconsistent spelling and hyphenation were made consistent only - when a predominant form was found in this book. - - ○ The cover image was created by the transcriber and is placed in - the public domain. - - - -***END OF THE PROJECT GUTENBERG EBOOK THE NEW YORK TOMBS INSIDE AND OUT!*** - - -******* This file should be named 63641-0.txt or 63641-0.zip ******* - - -This and all associated files of various formats will be found in: -http://www.gutenberg.org/dirs/6/3/6/4/63641 - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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