Wandering in and out of the lives of the people of our neighborhood, I looked about for a field of activity. There were so many things to be done. I sought for the place where the need was greatest. It did not take me long to decide – a conclusion I have not changed – that the worst evils of our civilization come to a head in "The Tombs."
The official name for that pile of stone and brick is "The Criminal Courts Building." But the people persist in calling it "The Tombs." The prison dated from the middle of the century and a hodge-podge of official architecture had been added, decade by decade, as the political bosses needed money. It housed the district attorney's office, the "police court," "special sessions" for misdemeanants, and "general sessions" for felons. One could study our whole penal practice in that building.
I was first led into its grim shadow by a woman who came to the settlement. Her son, a boy of sixteen, had been arrested two months before and had been waiting trial in an unventilated cell, originally designed for a single occupant, with two others. His cell-mates had changed a dozen times. I recall that one had been an old forger, who was waiting an appeal, another was the keeper of a disorderly house and a third had been a high church curate, who had embezzled the foreign mission fund to buy flowers for a chorus girl. The lad was patently innocent. And this was the very reason he was held so long. The district attorney was anxious to make a high record of convictions. His term was just expiring and he was not calling to trial the men he thought innocent, these "technically" bad cases he was shoving over on his successor. At last, with the help of a charitable lawyer, named Maynard, of whom I will write more later, we forced the case on the calendar and the boy was promptly acquitted.
In talking over this case with Benson, I found that he was already interested in the problems of Criminology. He was one of the trustees of "The Prisoner's Aid Society." The interview in the newspaper, which Ann had read to me at the hospital, had been an effort of his to draw attention to the subject and to infuse some life into the society.
"They're a bunch of fossils," he said. "Think they're a 'société savante.' They read books by foreign penologists and couldn't tell a crook from a carpet sweeper. We need somebody to study American crime. Not a dilettante – someone who will go into it solid."
I told him I had thought a good deal about it and was ready to tackle the job if the ways and means could be arranged.
"I imagine I could get the society to pay you a living salary. But they are dead ones. If you did anything that wasn't in the books, it would scare them. I'll think it over."
About a week later, I received a letter from the recently elected, not yet installed district attorney asking me to call on him. His name was Brace, his letter the result of Benson's thinking. I found him a typical young reform politician. A man of good family, he was filled with enthusiasm, and confidently expected to set several rivers on fire. There was going to be absolute, abstract justice under his regime. Benson had told him how the actual district attorney was shoving off the "bad cases" on him and he was righteously indignant. He wanted someone whose fidelity he could trust, who would keep an eye on the prison side of the Tombs. He was sure there were many abuses there to stop, and he was the man to do it. The only position he could offer me under the law was that of special county detective. The pay would be eighteen hundred a year.
"It is not exactly a dignified position," he said. "The county detectives are a low class, – but of course you won't have to associate with them."
I was more than ready to take the place. With the rest of the new administration I was sworn in, and so entered on my life work. It was a far cry from my earlier ambition to be a Fellow at Oxford.
BOOK IV
I
"Literary unity" can be secured in an autobiography only at the expense of all sense of reality. The simplest of us is a multiple personality, can be described only partially from any one point of view. The text book on physiology which I studied in school contained three illustrations. One of them pictured a human being as a structure of bones, a skeleton; another showed man as a system of veins and arteries; the third as a mass of interwoven muscles. None of them looked like any man I have ever seen. It is the same with most autobiographies, the writers, in order to center attention on one phase of their activities, have cut away everything which would make their stories seem life-like.
"The Memoirs" of Cassanova give us the picture of a lover. But he must have been something more than a roué. "The Personal Recollections" of General Grant portray the career of a soldier. But after all he was a man first, it was more or less by chance that he became a victory-machine. How fragmentary is the picture of his life, which Benvenuto Cellini gives us!
I might accept these classic models and tell directly the story of my work in the Tombs. I might limit my narrative to that part of myself which was involved in friendship with Norman Benson. Or again, I might strip off everything else, ignore the flesh and bones and blood vessels, and write of myself as an "emotional system." In one of these ways I might more nearly approach a literary production. But certainly it would be at a sacrifice of verisimilitude. Perhaps some great writer will come who will unite the artistic form with an impression of actuality. But until genius has taught us the method we must choose between the two ideals. My choice is for reality rather than art.
And life, as it has appeared to me, is episodal in form, unified only in the continual climaxes of the present moment. It is a string of incidents threaded on to the uninterrupted breathing of the same person. The facts of any life are related only de post facto, in that they influence the future course of the individual to whom they happen. The farther back we strive to trace these influences, which have formed us, the greater complexity we find. It is not only our bodies which have "family trees," that show the number of our ancestors, generation by generation, increasing with dizzy rapidity. It is the same with our thoughts and tastes. From an immensely diffuse luminosity the lens of life has focused the concentrated rays of light which are you and I.
So – in telling of my life, as I see it – my narrative must break up into fragments. Unartistic as such a form may be, it seems to me the only one possible for autobiography. Incidents must be given, which, however unrelated they appear, seem to me to have been caught by the great lens and to have formed an integral part of the focal point, which sits here – trying to describe itself.
II
For some years I have been continually writing on the subject of criminology. I could not give, here in this narrative, a complete picture of the Tombs and its people, nor show in orderly sequence how one incident after another forced me into a definite attitude towards our penal system, without repeating what I have published elsewhere. But the atmosphere in which I have spent my working life has so definitely influenced me, has been so important a force in my experiment in ethics, that I must give it some space. I must try, at least, to give some illuminating examples of the sort of thing which did influence me and a brief statement of the attitude which has resulted from my work, for without this background the rest of my story would be meaningless.
At first I found myself the object of universal hostility. The Tombs was a feudal domain of Tammany Hall. I was regarded as an enemy.
The "spoils system" had given place to the evils of civil service. Municipal employees could not be displaced unless "charges" had been proven against them. The people of the Tombs did not worry much about the reform administration. They regarded it as an interruption in the even tenor of their ways, which happily would not last long. They were used to such moral spasms on the part of the electorate and knew how little they were worth. Some of the "Reform" officials tried earnestly to clean up their departments. Their efforts were defeated by unruly subordinates, men trained by and loyal to the machine.
The way things went in the Tombs was typical. Brace had a conference with the new commissioner of correction and as a result some "Instructions for the guidance of prison keepers" were pasted up on the walls. But district attorneys change with every election, while the warden – protected by civil service – goes on forever. The sale of "dope" to the prisoners, forbidden by the "instructions" in capital letters, was not interrupted for a day. Within a week the screws had forgotten to make jokes about it.
Having been appointed by the reformer Brace, I was naturally supposed to be his personal spy. I was saved from falling into so fatal a mistake by a queer old prison missionary called "General Jerry." He had lost an arm at Three Oaks, in the hospital at Andersonville he had found "religion." And as the Lord had visited him in prison, he had devoted what was left of his life to similar work. I think he had no income beyond his pension – he was always shabby. He had very little learning, but an immense amount of homely wisdom. If ever a man has won a right to a starry crown it was Jerry. He and the Father – each in his different way – were the most wholesouled Christians I have ever encountered. Such a noble dignity shone from the eyes of this humble old man that I felt it ever a privilege to sit at his feet and learn of him.
First of all, from watching him, I found that a man who was sincere and honest could win the respect of the Tombs, in spite of such handicaps. Before long we became friends, and he gave me much shrewd advice.
"I come here to save souls," he said. "That's all I come for. I don't let nothin' else interest me. I ain't no district attorney. Sure, I see graft. Can't help it. Every year – onct – I talk to each one of the screws about his soul. 'Big Jim,' I says, 'you ain't right wid God. I ain't the only one as seed you take money from the mother of that dago what was hanged. I ain't the only one as heard you lie to that Jew woman, telling her how you'd help her husband out. I ain't the only one as knows the hotel you took her to. God sees! God hears! He knows! You'd better square it wid Him!' That's all I says. They knows I don't go round tellin' it. And they helps me wid my work. Just yesterday Big Jim comes to me. 'General,' he says, 'there's a guy up in 431 what's crying. I guess you'd better hand him a bit of Gospel.'
"What do you come down here to the Tombs for? To help out the poor guys what they've got wrong. Well. Don't do nothin' else. The screws all think you're gum-shoein' for Brace. 'Jerry,' they says to me, 'who's the new guy? What's he nosin' around here for?' 'Don't know,' I says. 'Better keep your eye on him – same as I'm doin',' I says. 'After a while we'll know.'"
I felt their eyes on me all the time. A couple of months later I sat down beside Jerry in the courtyard; he had a Bible on his knees and a cheese sandwich in his hand.
"I ain't no good sayin' Grace," he explained, "so I always reads a Psalm when I eat," … "Say, young man," he went on, "I got a word to say to you. The screws ain't got you quite sized up yet – but most of 'em agrees you ain't nobody's damn fool. Now I just want to tell you something. You take this here Tombs all together – warden, screws, cops and lawyers, district attorneys and jedges – you can't never be friends wid all of 'em. They's too many what's hatin' each other. So you got to pick. You say you're going to stay by this job. Well, you just better figure out who's goin' to stick wid you. The jedges stay and the screws stay. But the district attorneys don't never stay more'n two years. Figure it out. That's what the good book means by 'Be ye wise as sarpents.'"
Jerry's advice was good. I had already "figured out" that the favor of the judges was more important for me than that of the district attorney. I had to choose whom I would serve, and it was very evident that it was expedient – if I wished to accomplish anything – to make friends with the mammon of political unrighteousness. The reformers were not only pitifully weak, few of them commanded confidence. They had not been in office six weeks before it was evident that their reëlection was impossible. The best of them were rank amateurs in the business of politics and government. Much of their disaster was due no doubt to well intentioned ignorance. But very few of them stuck to the ship when it began to sink. It would furnish some sombre amusement to publish the figure about how many loud-mouthed reformers went into office again two years later – under the machine banner.
Brace, my chief, as soon as he discovered that the walls of Tammany would not fall down at the sound of newspaper trumpets, lost heart. He had no further interest except to keep himself in the lime-light. Just like all his predecessors, he neglected the routine work of his office and gave all his attention to sensational trials which added to his newspaper notoriety.
One of the big scandals of the preceding administration, which as much as anything else had stirred public indignation against ring politics, had centered about a man named Bateson. He called himself a "contractor" and got most of the work in grading the city streets. There was conclusive evidence to show that almost all the work he did was along the routes of the street car lines. The scandal had been discovered and worked up by one of the newspapers in a most exhaustive manner. The facts were clear. The engineer of the street car company would report to his superiors that such and such a street was too steep for the profitable operation of their cars. One of the directors would call in Bateson. Bateson would take up the matter with the mysterious powers on Fourteenth Street, the aldermen would vote an appropriation to grade the street; Bateson would get the contract and after being well paid by the city would get a tangible expression of appreciation from the street car company. The newspapers had already collected the evidence. The fraud was patent. Everyone expected Brace to call Bateson to trial at once. And it seemed inevitable that from the evidence given in this case, indictments could be drawn against both the "Old Man" on Fourteenth Street and the bribe giving directors of the street car company.
Brace began on this case with a great flourish of trumpets. But one adjournment after another was granted by the Tammany judges. It trailed along for months. And when at last it was called, the bottom had, in some mysterious manner, dropped out of the prosecution. Bateson was acquitted. A few months later Brace resigned and became counsel for the notorious traction reorganization. Some recent magazine articles have exposed the kind of reform he stood for.
"Politics" has always seemed to me a very sorry sort of business. I found plenty of non-partisan misery to occupy all my time. Gradually I fitted myself into the life of the Tombs and became a fixture. When the new elections brought Tammany back to power, "civil service" protected me from the grafters, just as it had protected them from their enemies. And so – in that ill-smelling place – I have passed my life.
To one who is unfamiliar with our juggernaut of justice it is surprising to find how much work there is which a person in my position can do, how many victims can be pulled from under the merciless wheels. First of all there are the poor, who have no money to employ an able lawyer, no means to secure the evidence of their innocence. Then there are the "greenhorn" immigrants who do not know the language and laws of this new country, who do not know enough to notify their consuls. Saddest of all – and most easily helped – are the youngsters. We did not have a children's court in those days. But most of my time, I think, has gone in trying to ease the lot of the innocent wives and children of the prisoners. Whether the man is guilty or not it is always the family which suffers most. And if there had been none of these things, I would have had my hands more than full with trying to help the men who were acquitted. Look over the report of the criminal court in your county and see what the average length of imprisonment while waiting trial is. It varies from place to place. It is seldom less than three weeks. And three weeks is a serious matter to the ordinary mechanic. About a third of all the people arrested are acquitted. They get no compensation for their footless imprisonment. Besides the loss of wages, it generally means a lost job.
Two stories, which have been told elsewhere, are worth retelling, as examples of the varied work I found to do.
It was in the summer of my first year in the Tombs that I got interested in the case of a redhaired Italian boy named Pietro Sippio. He was only fourteen years old and he had been indicted for premeditated murder.
The prosecution fell to the lot of the most brilliant young lawyer on the district attorney's staff. The Sippio family was too poor to employ counsel and Judge Ryan, before whom the case was tried, had assigned to the defense a famous criminal lawyer. The trial became at once a tourney of wit between these two men. Little Pietro and his fate was a small matter in the duel for newspaper advertising.
The principal witness for the state was Mrs. Casey, the mother of the little boy who had been killed. She was a widow, a simple, uneducated Irishwoman, who earned her living by washing. She told her story with every appearance of truthfulness. During the morning of the tragic day, she had had a quarrel with Pietro in the backyard of the tenement, where both families lived. Pietro had thrown some dirt on her washing and she had slapped him. Instead of crying as she thought an ordinary boy would have done, he had said he would "get even" with her.
When she heard the noon whistles blow in the neighboring factories, she had gone out on the front sidewalk to get her baby for dinner. The youngster was sitting on the curbstone and as she stood in the doorway calling him, a brick, coming from the roof of the tenement, struck the baby on the head, killing him instantly. She rushed out and – she swore very solemnly – looked up and saw "the little divil's red head, jest as plain as I sees yer honor."
The counsel for the defense was unable to shake her testimony in the least.
Other witnesses swore that, on hearing Mrs. Casey's cry for help, they had rushed up to the roof and had met Mrs. Sippio coming down through the skylight with her two younger children, Felicia a girl of eight and Angelo, who was five. When they had asked her where Pietro was she said she had not seen him. But these witnesses were Irish and sided with Mrs. Casey. They testified that it was easy to pass from one roof to another. And it was evidently their theory that Pietro had escaped in this manner.
A few minutes after the tragedy, Pietro had come whistling up the street and had walked into the arms of the police, who were just starting out to search for him.
In his own defense Pietro testified that after quarreling with Mrs. Casey he had played about in the street for some time and then had gone down to the river with a crowd of boys for a swim. They had not left the water until the noon whistles had warned them of dinner time. They had all hurried into their clothes and gone home. He swore positively that he had not been on the roof during the morning. He evidently did not realize the seriousness of his position and was rather swaggeringly proud of being the center of so much attention.
Two or three other boys testified that Pietro had been swimming with them and had not left the water until after the whistles blew. This was an important point as the baby had been killed a very few minutes after noon. But the district attorney, in a brutal, bullying cross-examination, succeeded in rattling one of the boys – a youngster of eleven – until he did not know his right hand from his left. He broke down entirely, and sobbingly admitted that perhaps Pietro had left before the whistles blew.
Mrs. Sippio testified that she had not seen Pietro after breakfast. She had gone upon the roof about half past eleven to beat out some rugs. She had taken the two younger children with her. But Pietro had not been on the roof. She was a very timid woman, so frightened that she forgot most of her scant English. But she seemed to be telling the truth.
After the testimony was in the counsel for the defense made an eloquent, if rather bombastic plea. He turned more often to the desk of the reporters than to the panel of jurymen. No one, he said, had given any testimony which even remotely implicated Pietro, except the grief-stricken and enraged Mrs. Casey. He made a peroration on the vengeful traits of the Irish. He almost wept over the prospect of eternal damnation which awaited Mrs. Casey's soul on account of her perjury. No reasonable man, he concluded, would condemn a fly on such unreliable testimony.
The prosecutor commenced his summing up by referring to his position as attorney for the people of the state of New York. He said that his able opponent was technically called "The counsel for the defense," but that in reality he himself more truly deserved that title. He was engaged not in the defense of an individual offender, but in that of the whole community of law abiding citizens. And in the pursuance of this most serious function he could not allow his personal pity for the youthful murderer to deflect him from his public duty.
He then gave a picturesque and blood curdling account of the Vendetta and Mafia. He called the jury's attention to the well known traditions of vengeance and murder among the Italians.
As for Mrs. Sippio's testimony – despite his high regard for the sanctity of an oath – he could not find it in his heart to blame this mother who by perjury was endangering bar own soul to save her son. He was more stern in regard to the evidence of the boys. Their only excuse for perjury was their youth. They were members of a desperate gang, of which Pietro was the chief. They were corrupted by the false standards of loyalty to their leader, so common among boys of the street.
The only testimony which deserved the serious attention of the jury was that of Mrs. Casey – the estimable woman, who had seen her babe foully murdered before her eyes. Her identification of Pietro had been absolute.
"I am sorry," he ended, "for this boy, who, by so hideous a crime, has ruined his life at the very outset. But you and I, gentlemen of the jury, are bound by oath to consider only the cold facts. The judge may, if he thinks it wise, be merciful in imposing sentence. But your sole function is to discover truth. Here is a boy of fiery disposition and revengeful race. He vowed vengeance. Some one must have thrown the brick. No one else had the motive. Either the defendant is guilty as charged in the indictment or the brick fell from heaven."
The law explicitly states that a person charged with crime, must be given the benefit of any "reasonable doubt." In the face of the manifestly conflicting testimony, I think every one in court was surprised when the jury returned a verdict of "guilty."
I had not then been long enough in the Tombs to get used to it. I had not become hardened. The tragedy of this case amazed me. A little boy of fourteen condemned of deliberate murder! But the thing which impressed me most was the way the lawyers in the court room rushed up to congratulate the prosecutor for having won so doubtful a case. It would be revolting enough to me if any one should congratulate me on having sent an adult to the gallows. But this little boy of fourteen…
I went over the Bridge of Sighs and talked to Pietro in his cell. If ever a boy impressed me as telling a straightforward story he did. I was convinced that he had been at the riverside when the Casey baby was killed.
After lunch I went up to the scene of the tragedy and my faith in Pietro's innocence was considerably shaken although not overthrown by my talk with Mrs. Casey. She was angry, of course, but she did not seem malicious or vindictive. As I talked with her in her squalid basement room, full of steam from the tubs of soiled clothing, I could not doubt her sincerity. She really believed that Pietro had killed her child. Wiping the suds from her powerful arms, she led me out on the sidewalk and showed me the place where the baby had been sitting and pointed out where she had seen the devilish red head above the coping.
The idea flashed into my mind that a boy would have to be surprisingly clever to throw a brick from that height and hit a baby. With Mrs. Casey following me, I went upon the roof. The chimneys were in a dilapidated condition and a number of loose brick lay about. I was a fairly good ball player at college, but when I tried to hit a water plug on the curb stone, six stories below, I over shot at least eight feet. I asked Mrs. Casey to try and her brick lit in the middle of the street. I called up some of the boys, who were watching my operations from the street, and offered them a quarter if they could hit the water plug. Their attempts were no better than mine.
A little further along the low coping some bricks were piled where children had evidently been building houses with them. I asked Mrs. Casey to push one of them over, easily as if by accident. It fell out a little way from the wall and crashed down fair on the curbing.
"Mrs. Casey," I said, "I don't think Pietro threw that brick. He couldn't have hit the baby if he had tried. Somebody pushed it over by accident."
She stood for some seconds looking down over the wall, shaking her head uncertainly.
"Faith, and I'd think ye were right, sir," she said at last, "If I hadn't seen his red head, sir, jest as plain as I sees yours."
And as we went down stairs, she kept repeating "I sure seen his red head." She was evidently convinced of it.
I went to see Mrs. Sippio. She had moved to another tenement, because of the hostility of the Irish neighbors. I found Mr. Sippio at home taking care of his wife, she was half hysterical from the shame and her grief over Pietro's fate. But she told me her story just as simply and convincingly as had Mrs. Casey. Pietro had not been on the roof. There had been only Felicia and Angelo. I was on the point of leaving in discouragement. Apparently one of the women was lying. I could not guess which. I had gained nothing but a conviction that the brick could not have been thrown with an intent to kill. And that would be a very weak plea against the verdict of a jury. Just as I was getting up, there was a patter of feet in the hall-way. Mrs. Sippio's face lit up. "It is the children," she said. As they rushed noisily into the room the whole mystery was cleared up. It had not occurred to me – nor to any one – that there might be two redheaded boys in the same Italian family. But Angelo's hair was even more flaming than Pietro's.
I took him up in my lap and amused him until I had won his confidence. And when he was thinking about other things, I suddenly asked him.
"Angelo, when that brick fell off the roof the other day, why didn't you tell your mother?"
For a moment he was confused and then began to whimper. He had been afraid of being whipped. I gave a whoop and reassuring the family, I rushed down town and caught Judge Ryan, just as he was leaving his chambers. He listened to me eagerly, for he was as tenderhearted a man as I have ever known and he had been deeply horrified at the idea of having to sentence such a youngster for premeditated murder.
The attorneys were summoned to the judge's chambers, and – I guess that the "pathos" writers of the newspapers were notified. For the next morning they attended court in force. The district attorney made a touching speech. He was grandiloquently glad to announce that new evidence had been discovered which cleared the defendant from all suspicion. The judge set aside the verdict of the jury. The district attorney said that Mrs. Casey had so evidently mistaken Angelo for his older brother that there was no use having a new trial and Pietro was discharged. In making a few remarks on the case, Judge Ryan mentioned my name and thanked me personally for my part in the matter. With increasing frequency he began to call on me for assistance in other cases and in time the other judges took notice of my existence. I found my hands more than full.
Very often I was able in a similar manner to unearth evidence, which the defendants were too poor and ignorant or the lawyers too lazy to obtain.
But it was in another class of cases that I proved of greatest utility to the judges. A large proportion of the prisoners plead guilty, without demanding a trial. If the whole matter is thrashed out before a jury, the trial judge hears all the evidence and so gets some idea of the motives of the crime, of the personality and environment of the accused. But when a prisoner pleads guilty, practically no details come out in court and unless the judge has some special investigation made he must impose sentence at haphazard. Ryan, almost always asked me to look into such cases. The other judges – with the exception of O'Neil – did so frequently. I would visit the prisoner in his cell and get his story, listen to what the police had to say, and then make a personal investigation to settle disputed points.
As time went on Ryan came to rely more and more on my judgment. He felt, I think, that I was honest; that I could not be bribed and that I was more likely to err on the side of mercy than otherwise. His easy going kindliness was satisfied with this and he was only too glad to let his responsibilities slip on to my shoulders. In the last years before he was elevated to the Supreme Court, he practically let me sentence most of his men. Except in the cases where political influences intervened, my written reports determined the prisoner's fate.