the crowd-第24章
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eartedness often as extreme as the ferocity。
〃They have the expansive sympathy and prompt sensibility of the Parisian working man。 At the Abbaye； one of the federates； learning that the prisoners had been left without water for twenty…six hours； was bent on putting the gaoler to death； and would have done so but for the prayers of the prisoners themselves。 When a prisoner is acquitted （by the improvised tribunal） every one； guards and slaughterers included； embraces him with transports of joy and applauds frantically；〃 after which the wholesale massacre is recommenced。 During its progress a pleasant gaiety never ceases to reign。 There is dancing and singing around the corpses； and benches are arranged 〃for the ladies；〃 delighted to witness the killing of aristocrats。 The exhibition continues； moreover； of a special description of justice。
A slaughterer at the Abbaye having complained that the ladies placed at a little distance saw badly； and that only a few of those present had the pleasure of striking the aristocrats； the justice of the observation is admitted； and it is decided that the victims shall be made to pass slowly between two rows of slaughterers； who shall be under the obligation to strike with the back of the sword only so as to prolong the agony。 At the prison de la Force the victims are stripped stark naked and literally 〃carved〃 for half an hour； after which； when every one has had a good view； they are finished off by a blow that lays bare their entrails。
The slaughterers； too； have their scruples and exhibit that moral sense whose existence in crowds we have already pointed out。 They refuse to appropriate the money and jewels of the victims； taking them to the table of the committees。
Those rudimentary forms of reasoning； characteristic of the mind of crowds； are always to be traced in all their acts。 Thus； after the slaughter of the 1；200 or 1；500 enemies of the nation； some one makes the remark； and his suggestion is at once adopted； that the other prisons； those containing aged beggars； vagabonds； and young prisoners； hold in reality useless mouths； of which it would be well on that account to get rid。 Besides； among them there should certainly be enemies of the people； a woman of the name of Delarue； for instance； the widow of a poisoner： 〃She must be furious at being in prison； if she could she would set fire to Paris： she must have said so； she has said so。 Another good riddance。〃 The demonstration appears convincing； and the prisoners are massacred without exception； included in the number being some fifty children of from twelve to seventeen years of age； who； of course； might themselves have become enemies of the nation； and of whom in consequence it was clearly well to be rid。
At the end of a week's work； all these operations being brought to an end； the slaughterers can think of reposing themselves。 Profoundly convinced that they have deserved well of their country； they went to the authorities and demanded a recompense。 The most zealous went so far as to claim a medal。
The history of the Commune of 1871 affords several facts analogous to those which precede。 Given the growing influence of crowds and the successive capitulations before them of those in authority； we are destined to witness many others of a like nature。
CHAPTER III
CRIMINAL JURIES
Criminal juriesGeneral characteristics of juriesstatistics show that their decisions are independent of their compositionThe manner in which an impression may be made on juriesThe style and influence of argumentThe methods of persuasion of celebrated counselThe nature of those crimes for which juries are respectively indulgent or severeThe utility of the jury as an institution； and the danger that would result from its place being taken by magistrates。
Being unable to study here every category of jury； I shall only examine the most importantthat of the juries of the Court of Assize。 These juries afford an excellent example of the heterogeneous crowd that is not anonymous。 We shall find them display suggestibility and but slight capacity for reasoning； while they are open to the influence of the leaders of crowds； and they are guided in the main by unconscious sentiments。 In the course of this investigation we shall have occasion to observe some interesting examples of the errors that may be made by persons not versed in the psychology of crowds。
Juries； in the first place； furnish us a good example of the slight importance of the mental level of the different elements composing a crowd； so far as the decisions it comes to are concerned。 We have seen that when a deliberative assembly is called upon to give its opinion on a question of a character not entirely technical； intelligence stands for nothing。 For instance； a gathering of scientific men or of artists； owing to the mere fact that they form an assemblage； will not deliver judgments on general subjects sensibly different from those rendered by a gathering of masons or grocers。 At various periods； and in particular previous to 1848； the French administration instituted a careful choice among the persons summoned to form a jury； picking the jurors from among the enlightened classes； choosing professors； functionaries； men of letters； &c。 At the present day jurors are recruited for the most part from among small tradesmen； petty capitalists； and employes。 Yet； to the great astonishment of specialist writers； whatever the composition of the jury has been； its decisions have been identical。 Even the magistrates； hostile as they are to the institution of the jury； have had to recognise the exactness of the assertion。 M。 Berard des Glajeux； a former President of the Court of Assizes； expresses himself on the subject in his 〃Memoirs〃 in the following terms：
〃The selection of jurymen is to…day in reality in the hands of the municipal councillors； who put people down on the list or eliminate them from it in accordance with the political and electoral preoccupations inherent in their situation。 。 。 。 The majority of the jurors chosen are persons engaged in trade； but persons of less importance than formerly； and employes belonging to certain branches of the administration。 。 。 。 Both opinions and professions counting for nothing once the role of judge assumed； many of the jurymen having the ardour of neophytes； and men of the best intentions being similarly disposed in humble situations； the spirit of the jury has not changed： ITS VERDICTS HAVE REMAINED THE SAME。〃
Of the passage just cited the conclusions； which are just； are to be borne in mind and not the explanations； which are weak。 Too much astonishment should not be felt at this weakness； for； as a rule； counsel equally with magistrates seem to be ignorant of the psychology of crowds and； in consequence； of juries。 I find a proof of this statement in a fact related by the author just quoted。 He remarks that Lachaud； one of the most illustrious barristers practising in the Court of Assize； made systematic use of his right to object to a juror in the case of all individuals of intelligence on the list。 Yet experienceand experience alonehas ended by acquainting us with the utter uselessness of these objections。 This is proved by the fact that at the present day public prosecutors and barristers； at any rate those belonging to the Parisian bar； have entirely renounced their right to object to a juror； still； as M。 des Glajeux remarks； the verdicts have not changed； 〃they are neither better nor worse。〃
Like all crowds； juries are very strongly impressed by sentimental considerations； and very slightly by argument。 〃They cannot resist the sight；〃 writes a barrister； 〃of a mother giving its child the breast； or of orphans。〃 〃It is sufficient that a woman should be of agreeable appearance；〃 says M。 des Glajeux； 〃to win the benevolence of the jury。〃
Without pity for crimes of which it appears possible they might themselves be the victimssuch crimes； moreover； are the most dangerous for societyjuries； on the contrary； are very indulgent in the case of breaches of the law whose motive is passion。 They are rarely severe on infanticide by girl…mothers； or hard on the young woman who throws vitriol at the man who has seduced and deserted her； for the reason that they feel instinctively that society runs but slight danger from such crimes；＇24＇ and that in a country in which the law does not protect deserted girls the crime of the girl who avenges herself is rather useful than harmful； inasmuch as it frightens future seducers in advance。
＇24＇ It is to be remarked； in passing； that this division of crimes into those dangerous and those not dangerous for society； which is well and instinctively made by juries is far from being unjust。 The object of criminal laws is evidently to protect society against dangerous criminals and not to avenge it。 On the other hand； the French code； and above all the minds of the French magistrates； are still deeply imbued with the spirit of vengeance characteristic of the old primitive law； and the term 〃vindicte〃 （prosecution； from the Latin vindicta； vengeance） is still in daily use。 A proof of this tendency on the part of the magistrates is found in the refusal by many of them to apply Berenger's law； which allows of a condemned person not undergoing his sentence unless he repeats his crime。 Yet no magistrate can be ignorant； for the fact is proved by statistics； that the application of a punishment inflicted for the first time infallibly leads to further crime on the part of the person punished。 When judges set free a sentenced person it always seems to them that society has not been avenged。 Rather than not avenge it they prefer to create a dangerous； confirmed criminal。
Juries； like all crowds； are profoundly impressed by prestige； and President des Glajeux very properly remarks that； very democratic as juries are in their composition； they are very aristocratic in their likes and dislikes： 〃Name； birth； great wealth； celebrity； the assistance of an illustrious counsel； everything in the nature of distinction or that lends brilliancy to the accused； stands him in extremely good stead。〃
The chief concern of a good counsel should be to work upon the feelings of the jury； and； as with all crowds； to argue but little； or only to employ rudimentary modes of reasoning。 An English barrister； famous for his successes in the assize courts； has well set forth the line of action to be followed：
〃While pleading he would attentively observe the jury。 The most favourable opportunity has been reached。 By dint of insight and experience the counsel reads the effect of each phrase on the faces of the jurymen； and draws his conclusions in consequence。 His first step is to be sure which members of the jury are already favourable to his cause。 It is short work to definitely gain their adhesion； and having done so he turns his attention to the members who seem； on the contrary； ill…disposed； and endeavours to discover why they are hostile to the accused。 This is the delicate part of his task； for there may be an infinity of reasons for condemning a man； apart from the sentiment of justice。〃
These few lines resume the entire mechanism of the art of oratory； and
