Courts and Criminals Part 3

Recla.s.sifying the seventeen murders according to causes, we have: Six due to women, four to quarrels, five to other causes, and two infanticides. Added to the manslaughters previously cla.s.sified, we have a total of sixty-two killings, due in twenty cases to quarrels, thirteen to drink, nine to women, four to disputes over money, one to race antagonism, five to general causes, three to negligence, two infanticides, five during the commission of other crimes.

The significant features of this a.n.a.lysis are that about seventy-five per cent of the killings were due to quarrels over small sums or other matters, drink and women; over fifty per cent to drink and petty quarrels; and about thirty per cent to quarrels simply. The trifling character of the causes of the quarrels themselves is shown by the fact that in three of these particular cases, tried in a single week, the total amount involved in the disputes was only eighty-five cents. That is about twenty-eight and one-half cents a life. Many a murder in a barroom grows out of an argument over whether a gla.s.s of beer has, or has not, been paid for, or whose turn it is to treat; and more than one man has been killed in New York City because he was too clumsy to avoid stepping on somebody's feet or b.u.mping into another man on the sidewalk.

The writer sincerely regrets that his own lack of initiative prevented his keeping a diary during his seven years's service as a prosecutor. It is now impossible for him to refresh his memory as to the causes of all the various homicides which he prosecuted, but where he can do so the evidence points to a conclusion similar to that deduced from Mr. Nott's record. The proximate causes were trifling-the underlying cause was the lack of civilization of the defendant-his brutality and absence of self-control.

With a view to ascertaining conditions in general throughout the United States, I asked a clipping agency to send me the first one hundred notices of actual homicides which should come under its scissors. The immediate result of this experiment was that I received forty-five notices supposedly relating to murders and homicides, which on closer examination proved to be anything but what I wanted for the purpose in view. With only one or two exceptions they related not to deaths from violence reported as having occurred on any particular day, but to notices of convictions, acquittals, indictments, pleas of guilty and not guilty, rewards offered, sentences, executions, "suspicions" of the police, "mysteries revived," and even editorials on capital punishment.

A letter of protest brought in due course, but much more slowly, one hundred and seven clippings, which yielded the following reasons why men killed: There were four suicides, three lynchings, one infanticide, three murders while resisting arrest, three criminals killed while resisting arrest, two men killed in riots, eight murders in the course of committing burglaries and robberies, seven persons killed in vendettas, three grace murders, and twenty-four killed in quarrels over petty causes; there were twelve murders from jealousy, followed in four instances by suicide on the part of the murderer; six killings justifiable on the "higher law" theory only, but involving great provocation, and thirty deliberate slaughters. The last clipping recounted how an irate husband pounded a "masher" so hard that he died. Leaving out the suicides and those killed while resisting arrest, there remain one hundred persons murdered, not only by persons insane or wild from the effects of liquor, but by robbers and burglars, brutes, bullies, and thugs, husbands, wives, and lovers, and by a vast number of people who not only destroyed their enemies in the fury of anger, but in many instances openly went out gunning for them, lay in wait for them in the dark, or hacked off their heads with hatchets while they slept.

It is, indeed, a sanguinary record, from which little consolation is to be derived, and the only comfort is the probability that the accounts of the first one hundred murders anywhere in Europe would undoubtedly be just as blood-curdling. I had simply asked the clipping bureau to send me one hundred horrors and I had got them. They did not indicate anything at all so far as the ratio of homicide to population was concerned or as to the bloodthirstiness of Americans in general. They merely showed what despicable things murders were.

As to the reasons for the killings, they were as diverse as those which Mr. Nott had prosecuted, save that there were more of an ultra blood-thirsty character, due probably to the fact that the young lady who did the clipping wanted (after one rebuff) to make sure that I was satisfied with the goods she sent me. And this suggests a reason for the large percentage of cold-blooded killings prosecuted by my friend-namely, that Mr. Nott being the most astute prosecutor available, the district attorney, whenever the latter had a particularly atrocious case, sent it to him in order that the defendant might surely get his full deserts.

The reasons for these homicides were of every sort; police officers and citizens were shot and killed by criminals trying to make "get-aways," and by negroes and others "running amuck"; despondent young men shot their unresponsive sweethearts and then either blew out their own brains of pretended to try to do so; two stable-men had a duel with revolvers, and each killed the other; several men were shot for being too attentive to young women residing in the same hotels; an Italian, whose wife had left him and gone to her mother, went to the house and killed her, her sister, her sister's husband, his mother-in-law, two children, and finally himself; the "Gopher Gang" started a riot at a "benefit" dance given to a widow and killed a man, after which they fled to the woods and fired from cover upon the police until eighteen were overpowered and arrested; a young girl and her fiance, sitting in the parlor, planning their honeymoon, were unexpectedly interrupted by a rejected suitor of the girl's, who shot and killed both of them; an Italian who peeked into a bedroom, just for fun, afterward rushed in and cut off two persons' heads with an ax-one of them was his wife; a gang of white ruffians shot and then burned a negro family of three peacefully working in the fields; a man who went to the front door to see who had tapped on his window was shot through the heart; a striker was killed by a twenty-five-pound piece of flagging thrown from a roof; there was a gun fight of colored men at Madison, Wisconsin, at which three were shot; a gang of negro ruffians killed and mutilated a white woman (with a baby in her arms) and her husband; masked robbers called a man to his barn at Winston-Salem, North Carolina, and cut his throat; an Italian was found with his head split in two by a butcher's cleaver; a negress in Lafayette, Louisiana, killed a family of six with a hatchet; a negro farmer and his two daughters were lynched and their bodies burned by four white men (who will probably also be lynched if caught); a girl of eleven shot her girl friend of about the same age and killed her; several persons were found stabbed to death; a plumber killed his brother (also a plumber) for saying that he stole two dollars; a murderer was shot by a posse of militia in a cornfield; a card game at Bayonne, New Jersey, resulted in a revolver fight on the street in which one of the players was killed; bank robbers killed a cas.h.i.+er at twelve o'clock noon; a jealous lover in b.u.t.te, Montana, shot and killed his sweetheart, her father, and mother; a deputy sheriff was murdered; burglars killed several persons in the course of their business; Kokolosski, a Pole, kicked his child to death; and a couple of dozen people were incidentally shot, stabbed, or otherwise disposed of in the course of quarrels over the most trivial matters. In almost no case was there what an intelligent, civilized man would regard as an adequate reason for the homicide. They killed because they felt like killing, and yielded to the impulse, whatever its immediate origin.

This conclusion is abundantly supported by the figures of the 'Chicago Tribune' for the seven years ending in 1900, when carefully a.n.a.lyzed. During this period 62,812 homicides were recorded. Of these there were 17,120 of which the causes were unknown and 3,204 committed while making a justifiable arrest, in self-defence, or by the insane, so that there were in fact only 42,488 felonious homicides the causes of which can be definitely alleged. The ratio of the "quarrels" to this net total is about seventy-five per cent. There were, in addition, 2,848 homicides due to liquor-that is, without cause. Thus eighty per cent of all the murders and manslaughters in the United States for a period of seven years were for no reason at all or from mere anger or habit, arising out of causes often of the most trifling character.

Nor are the conclusions changed by the figures of the years between 1904 and 1909.

During this period 61,786 homicides were recorded. Of these there were 9,302 of which the causes were not known, and 2,480 committed while making a justifiable arrest, in self-defence, or by the insane, leaving 50,004 cases of felonious homicides of known causes. Of these homicides, 33,476 were due to quarrels and 4,799 to liquor, a total of 38,275 out of the 50,004 cases of known causes being traceable in this, another seven years, to motives the most casual.

It would be stupid to allege that the reason men killed was because they had been stepped on or had been deprived of a gla.s.s of beer. The cause lies deeper than that. It rests in the willingness or desire of the murderer to kill at all. Among barbaric or savage peoples this is natural; but among civilized nations it is hardly to be antic.i.p.ated. If the negro who shoots his fellow because he believes himself to have been cheated out of ten cents were really civilized, he would either not have the impulse to kill or, having the impulse to kill, would have sufficient power of self-control to refrain from doing so. This power of self-control may be natural or acquired, and it may or may not be possessed by the man who feels a desire to commit a homicide. The fact to be observed-the interesting and, broadly speaking, the astonis.h.i.+ng fact-is that among a people like ourselves anybody should have a desire to kill. It is even more astonis.h.i.+ng than that the impulse should be yielded to so often if it comes.

This, then, is the real reason why men kill-because it is inherent in their state of mind, it is part of their mental and physical make-up-they are ready to kill, they want to kill, they are the kind of men who do kill. This is the result of their heredity, environment, educational and religious training, or the absence of it. How many readers of this paper have ever experienced an actual desire to kill another human being? Probably not one hundredth of one per cent. They belong to the cla.s.s of people who either never have such an impulse, or at any rate have been taught to keep such impulses under control. Hence it is futile to try to explain that some men kill for a trifling sum of money, some because they feel insulted, others because of political or labor disputes, or because they do not like their food. Any one of these may be the match that sets off the gunpowder, but the real cause of the killing is the fact that the gunpowder is there, lying around loose, and ready to be touched off. What engenders this gunpowder state of mind would make a valuable sociological study, but it may well be that a seemingly inconsequential fact may so embitter a boy or man toward life or the human race in general that in time he "sees red" and goes through the world looking for trouble. Any cause that makes for crime and depravity makes for murder as well. The little boy who is driven out of the tenement onto the street, and in turn off the street by a policeman, until, finding no wholesome place to play, he joins a "gang" and begins an incipient career of crime, may end in the "death house."

The table on the opposite page gives the figures collected by the 'Chicago Tribune' for the years from 1881 to 1910.

In view of the foregoing it may seem paradoxical for the writer to state that he questions the alleged unusual tendency to commit murder on the part of citizens of the United States. Yet of one fact he is absolutely convinced-namely, that homicide has substantially decreased in the last fifteen years. Even according to the figures collected by the 'Chicago Tribune', there were but 8,975 homicides in 1910 as compared with 10,500 in 1895, and 10,652 in 1896. Meantime the population of our country has been leaping onward.

NUMBER OF MURDERS AND HOMICIDES IN THE UNITED STATES EACH YEAR SINCE 1891, COMPARED WITH THE POPULATION

NUMBER OF NUMBER OF MURDERS AND ESTIMATED MURDERS AND YEAR HOMICIDES IN POPULATION HOMICIDES THE UNITED OF THE FOR EACH STATES UNITED STATES MILLION OF PEOPLE

1881......1,266..........51,316,000..........24.7

1882......1.467..........-----..........27.9

1883......1,697..........-----..........31.6

1884......1,465..........-----..........26.7

1885......1,808..........56,148,000..........32.2

1886......1,499..........-----..........26.1

1887......2,335..........-----..........39.8

1888......2,184..........-----...........36.4

1889......3,567..........-----...........58.0

1890......4,290.........62,622,250...........68.5

1891......5,906..........-----...........92.4

1892......6,791..........-----..........104.2

1893......6,615..........-----..........99.5

1894......9,800..........-----.........144.7

1895.....10,500.........69,043,000.........152.2

1896.....10,652..........-----.........151.3

1897......9,520..........-----.........132.8

1898......7,840..........-----.........107.2

1899......6,225..........-----..........83.6

1900......8,275.........75,994,575.........108.7

1901......7,852.........77,754,000.........100.9

1902......8,834.........79,117,000.........111.7

1903......8,976..........-----.........112.0

1904......8,482..........-----...............

1905......9,212..........-----...............

1906......9,350.........-----................

1907......8,712..........-----...............

1908......8,952..........-----...............

1909......8,103..........-----...............

1910......8,975.........91,972,266...........97.5

Total......191,150 We are blood-thirsty enough, G.o.d knows, without making things out any worse than they are. Our murder rate per 100,000 unquestionably exceeds that of most of the countries of western Europe, but, as the saying is, "there's a reason." If our homicide statistics related only to the white population of even the second generation born in this country we should find, I am convinced, that we are no more homicidal than France and Belgium, and less so than Italy. It is to be expected that with our Chinese, "greaser," and half-breed population in the West, our Black Belt in the South, and our Sicilian and South Italian immigration in the North and East, our murder rate should exceed those of the continental nations, which are nothing if not well policed.

But of one thing we can be abundantly certain without any figures at all, and that is that our present method of administering justice (less the actions of juries than of judges)-the system taken as a whole-offers no deterrent to the embryonic or professional criminal. The administration of justice to-day is not the swift judgment of honest men upon a criminal act, but a clever game between judge and lawyer, in which the action of the jury is discounted entirely and the moves are made with a view to checkmating justice, not in the trial courtroom, but before the appellate tribunal two or three years later.

"My young feller," said a grizzled veteran of the criminal bar to me long years ago, after our jury had gone out, "there's lots of things in this game you ain't got on to yet. Do you think I care what this jury does? Not one mite. I got a nice little error into the case the very first day-and I've set back ever since. S'pose we are convicted? I'll get Jim here [the prisoner] out on a certificate and it'll be two years before the Court of Appeals will get around to the case. Meantime Jim'll be out makin' money to pay me my fee-won't you, Jim? Then your witnesses, will be gone, and n.o.body'll remember what on earth it's all about. You'll be down in Wall Street practicing real law yourself, and the indictment will kick around the office for a year or so, all covered with dust, and then some day I'll get a friend of mine to come in quietly and move to dismiss. And it'll be dismissed. Don't you worry! Why, a thousand other murders will have been committed in this county by the time that happens. Bless your soul! You can't go on tryin' the same man forever! Give the other fellers a chance. You shake your head? Well, it's a fact. I've been doin' it for forty years. You'll see." And I did. That may not be why men kill, but perhaps indirectly it may have something to do with it.