Law -- England; Poor -- England; Poor laws -- England; Working class -- England
If you tell no actual fibs the law does not mind you imposing as much as
you like. You may transfer the savings of the working class into your
pockets by promises of the wildest character and schemes of the silliest
and most romantic sort, and if you do it successfully enough the nearest
you will ever get to the dock will be a seat on the borough bench, from
which altitude you may sentence the poor, mean criminal who never had any
capital, and had no one to advise him as to the law of false pretences.
This is not a fancy picture. There was at least one such a magistrate on
the bench once, and for aught I know there may be some J.P.'s to-day whose
wealth has been made by stealing the savings of the working classes within
the law.
Certainly in this country we have been free from the subordination of the
Criminal Courts to the power of gold that is said to exist in other
civilised places. Any preferential treatment that exists is of a class
character--snobbish if you will, but not corrupt. As an Irish barrister
said to me at Liverpool--he was a great Home Ruler with a grand hatred of
England and a real affection for many Englishmen: "My dear Parry, you'll
never convince me that the Government ever meant to hang Mrs. Maybrick.
They're a cowardly lot of snobs, and anyhow they couldn't hang a woman
they might have to meet out at dinner afterwards."
And there is undoubtedly running through all our English institutions,
even the administration of the criminal law, a certain amount of class
snobbery which it would be better should be eliminated. Judges and
magistrates are, of course, only human. The wrong doing of a man or woman
of our own class naturally appeals to our bump of forgiveness more readily
than that of a slum dweller whose temptations and environment we know
nothing about.
Thus we can remember cases where lady shoplifters were discovered by
eminent physicians to be suffering from some extraordinary form of
neurasthenia--not insanity, of course--but one of those nervous breakdowns
that made an acquittal and a rest cure in a nursing home the only
appropriate course. Magistrates seem to grasp the medical facts about
these well-to-do unfortunates almost too readily; but had it been a
drunken woman snatching a pair of boots from a shop-nail in the street no
eminent physician would have diagnosed her peculiar form of neurosis. Even
if her husband had tendered evidence that of late the poor lady had been
strange in her manner, he would scarcely have been listened to with much
sorrowful attention. The good magistrate would have felt bound in the
interests of the poor tradesman to make an example of this criminal. Such
cases are not cases for acquittal, and the rest cure is generally three
months hard.
Public-domain text, read in full here on John Shaqi.
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