"A shyster," began Mr. Tutt, unsuccessfully applying a forced draft to
his stogy and then throwing it away, "bears about the same relation to
an honest lawyer as a cad does to a gentleman. The fact that he's well
dressed, belongs to a good club and has his name in the Social Register
doesn't affect the situation. Clothes don't make men; they only make
opportunities."
"But why is it," persisted Miss Wiggin, "that we invariably associate
the idea of crime with that of 'poverty, hunger and dirt'?"
"That is easy to explain," asserted Mr. Tutt. "The criminal law
originally dealt only with crimes of violence--such as murder, rape and
assault. In the old days people didn't have any property in the modern
sense--except their land, their cattle or their weapons. They had no
bonds or stock or bank accounts. Now it is of course true that rough,
ignorant people are much more prone to violence of speech and action
than those of gentle breeding, and hence most of our crimes of violence
are committed by those whose lives are those of squalor. But"--and here
Mr. Tutt's voice rose indignantly--"our greatest mistake is to assume
that crimes of violence are the most dangerous to the state, for they
are not. They cause greater disturbance and perhaps more momentary
inconvenience, but they do not usually evince much moral turpitude.
After all, it does no great harm if one man punches another in the head,
or even in a fit of anger sticks a dagger in him. The police can easily
handle all that. The real danger to the community lies in the crimes of
duplicity--the cheats, frauds, false pretenses, tricks and devices,
flimflams--practised most successfully by well-dressed gentlemanly
crooks of polished manners."
By this time the kettle was boiling cheerfully, quite as if no such
thing as criminal law existed at all, and Miss Wiggin began to make the
tea.
"All the same," she ruminated, "people--particularly very poor
people--are often driven to crime by necessity."
"It's Nature's first law," contributed Tutt brightly.
Mr. Tutt uttered a snort of disgust.
"It may be Nature's first law, but it's about the weakest defense a
guilty man can offer. 'I couldn't help myself' has always been the
excuse for helping oneself!"
"Rather good--that!" approved Miss Wiggin. "Can you do it again?"
"The victim of circumstances is inevitably one who has made a victim of
someone else," blandly went on Mr. Tutt without hesitation.
"Ting-a-ling! Right on the bell!" she laughed.
"It's true!" he assured her seriously. "There are two defenses that are
played out--necessity and instigation. They've never been any good since
the Almighty overruled Adam's plea in confession and avoidance that a
certain female co-defendant took advantage of his hungry innocence and
put him up to it."
"No one could respect a man who tried to hide behind a woman's skirts!"
commented Tutt.
Public-domain text, read in full here on John Shaqi.
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