Harper's New Monthly Magazine, No. XI.—April, 1851—Vol. II.Various
General
Harper's New Monthly Magazine, No. XI.—April, 1851—Vol. II.
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
The criminal business of the office was, during the first three or four
years of our partnership, entirely superintended by Mr. Flint; he being
more _au fait_, from early practice, than myself in the art and
mystery of prosecuting and defending felons, and I was thus happily
relieved of duties which, in the days when George III. was king, were
frequently very oppressive and revolting. The criminal practitioner
dwelt in an atmosphere tainted alike with cruelty and crime, and
pulsating alternately with merciless decrees of death, and the shrieks
and wailings of sentenced guilt. And not always guilt! There exist many
records of proofs, incontestable, but obtained too late, of innocence
having been legally strangled on the gallows in other cases than that of
Eliza Fenning. How could it be otherwise with a criminal code crowded in
every line with penalties of death, nothing but--death? Juster, wiser
times have dawned upon us, in which truer notions prevail of what man
owes to man, even when sitting in judgment on transgressors; and this we
owe, let us not forget, to the exertions of a band of men who,
undeterred by the sneers of the reputedly wise and _practical_ men
of the world, and the taunts of "influential" newspapers, persisted in
teaching that the rights of property could be more firmly cemented than
by the shedding of blood--law, justice, personal security more
effectually vindicated than by the gallows. Let me confess that I also
was, for many years, among the mockers, and sincerely held such
"theorists" and "dreamers" as Sir Samuel Romilly and his fellow-workers
in utter contempt. Not so my partner Mr. Flint. Constantly in the
presence of criminal judges and juries, he had less confidence in the
unerring verity of their decisions than persons less familiar with them,
or who see them only through the medium of newspapers. Nothing could
exceed his distress of mind if, in cases in which he was prosecuting
attorney, a convict died persisting in his innocence, or without a full
confession of guilt. And to such a pitch did this morbidly-sensitive
feeling at length arrive, that he all at once refused to undertake, or
in any way meddle with, criminal prosecutions, and they were
consequently turned over to our head clerk, with occasional assistance
from me if there happened to be a press of business of the sort. Mr.
Flint still, however, retained a monopoly of the _defenses_, except
when, from some temporary cause or other, he happened to be otherwise
engaged, when they fell to me. One of these I am about to relate, the
result of which, whatever other impression it produced, thoroughly cured
me--as it may the reader--of any propensity to sneer or laugh at
criminal-law reformers and denouncers of the gallows.
Public-domain text, read in full here on John Shaqi.
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