A prisoner on his trial calls witnesses to testify to his previous character—that is, if his character has been tolerably good. The evidence thus given weighs more or less in his favour, according to the respectability of the witnesses, their number, and the nature of their testimony. Taking into account these several elements, the judge forms his conception of the delinquent’s general disposition, and modifies the length of punishment accordingly. Now, may we not fairly say that if the current opinion respecting a convict’s character could be brought _directly_ to bear in qualifying the statutory sentence, instead of being brought _indirectly_ to bear, as at present, it would be a great improvement? Clearly the estimate made by a judge from such testimony, must be less accurate than the estimate made by the prisoner’s neighbours and employers. Clearly, too, the opinion expressed by such neighbours and employers in the witness-box, is less trustworthy than an opinion which entails on them serious responsibility. _The desideratum is, that a prisoner’s sentence shall be qualified by the judgment of those who have had life-long experience of him; and that the sincerity of this judgment shall be tested by their readiness to act on it._ But how is this to be done? A very simple method of doing it has been suggested.[8] When a convict has fulfilled his task of making restitution or compensation, let it be possible for one or other of those who have known him, to take him out of confinement, on giving adequate bail for his good behaviour. Always premising that such an arrangement shall be possible only under an official permit, to be withheld if the prisoner’s conduct has been unsatisfactory; and always premising that the person who offers bail shall {184} be of good character and means; let it be competent for such a one to liberate a prisoner by being bound on his behalf for a specific sum, or by undertaking to make good any injury which he may do to his fellow-citizens within a specified period. This will doubtless be thought a startling proposal. We shall, however, find good reasons to believe it might be safely acted on—nay, we shall find facts proving the success of a plan that is obviously less safe. [8] We owe the suggestion to the late Mr. Octavius H. Smith.