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condemned        sermonhe       deports    himself    as   becomes      the  man     whose 

autographs   are precious�察  �whose   portraits   are   innumerable�察�in   memory   of 

whom�察�whole fences and gates have been borne away�察�in splinters�察�from 

the scene of murder。        He knows that the eyes of Europe are upon him�察�but 

he is not proudonly graceful。 He bows�察�like the first gentleman in Europe�察�

to the turnkey who brings him a glass of water�察�and composes his clothes 

and hassock as carefully�察�as good Madame Blaize could do。                      In private 

within   the   walls   of   the   condemned   cellevery   word   and   action   of   his 

waning life�察�is a lie。       His whole time is divided between telling lies and 

writing     them。    If   he  ever   have    another    thought�察   �it  is  for  his  genteel 

appearance on the scaffold�察�as when he begs the barber ;not to cut his hair 

too    short�察  �or  they   won't    know     him   when     he   comes    out;。    His    last 

proceeding   but   one   is   to   write   two   romantic   love   letters   to   women   who 


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                                 MISCELLANEOUS PAPERS 



have   no   existence。     His   last   proceeding   of   all   ��but   less   characteristic�察�

though the only true one�� is to swoon away�察�miserably�察�in the arms of the 

attendants�察�and be hanged up like a craven dog。 

     Is not such a history�察�from first to last�察�a most revolting and disgraceful 

one�察�and can the student of it bring himself to believe that it ever could 

have   place   in   any   record   of   facts�察  �or   that   the   miserable   chief´actor   in   it 

could   have   ever   had   a   motive   for   his   arrogant   wickedness�察  �but   for   the 

comment and the explanation which the Punishment of Death supplies� �

     It is not a solitary case�察�nor is it a prodigy�察�but a mere specimen of a 

class。    The case of Oxford�察�who fired at Her Majesty in the Park�察�will be 

found�察�on examination�察�to resemble it very nearly�察�in the essential feature。 

There is no proved pretence whatever for regarding him as mad�察�other than 

that he was like this malefactor�察�brimful of conceit�察�and a desire to become�察�

even at the cost of the gallows ��the only cost within his reach�� the talk of 

the   town。    He   had   less   invention   than   Hocker�察  �and   perhaps   was   not   so 

deliberately bad�察�but his attempt was a branch of the same tree�察�and it has 

its root in the ground where the scaffold is erected。 

     Oxford      had    his   imitators。     Let    it  never     be   forgotten    in   the 

consideration of this part of the subject�察�how they were stopped。 So long 

as attempts invested them with the distinction of being in danger of death 

at the hangman's hands�察�so long did they spring up。 When the penalty of 

death was removed�察�and a mean and humiliating punishment substituted in 

its place�察�the race was at an end�察�and ceased to be。 



                                               II 



       We   come�察  �now�察  �to   consider  the   effect   of   Capital   Punishment   in   the 

prevention of crime。 

     Does it prevent crime in those who attend executions�拭�

     There never is ��and there never was�� an execution at the Old Bailey in 

London�察�but the spectators include two large classes of thieves one class 

who go there as they would go to a dog´fight�察�or any other brutal sport�察�for 

the attraction and excitement of the spectacle�察�the other who make it a dry 


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matter of business�察�and mix with the crowd solely to pick pockets。                        Add 

to    these�察  �the   dissolute�察   �the   drunken�察     �the   most    idle�察  �profligate�察   �and 

abandoned        of  both   sexes    some     moody     ill´conditioned      minds�察   �drawn 

thither by a fearful interestand some impelled by curiosity�察�of whom the 

greater part are of an age and temperament rendering the gratification of 

that curiosity highly dangerous to themselves and to societyand the great 

elements of the concourse are stated。 

     Nor is this assemblage peculiar to London。                 It is the same in country 

towns�察  �allowing   for   the   different   statistics   of   the   population。      It   is   the 

same   in   America。       I   was   present   at   an   execution   in   Rome�察  �for   a   most 

treacherous       and   wicked     murder�察   �and    not   only   saw    the  same     kind   of 

assemblage there�察�but�察�wearing what is called a shooting´coat�察�with a great 

many   pockets   in   it�察  �felt   innumerable   hands   busy   in   every   one   of   them�察�

close to the scaffold。 

     I   have   already   mentioned   that   out   of   one   hundred   and   sixty´seven 

convicts   under   sentence   of   death�察  �questioned   at   different   times   in         the 

performance of his duty by an English clergyman�察�there were only three 

who had not been spectators of executions。                  Mr。 Wakefield�察�in his Facts 

relating to the Punishment of Death�察�goes into the working�察�as it were�察�of 

this sum。      His testimony is extremely valuable�察�because it is the evidence 

of    an   educated      and    observing      man�察    �who�察   �before     having     personal 

knowledge   of   the   subject   and   of   Newgate�察  �was   quite   satisfied   that   the 

Punishment        of  Death    should     continue�察   �but   who�察   �when    he   gained    that 

experience�察�exerted himself to the utmost for its abolition�察�even at the pain 

of constant public reference in his own person to his own imprisonment。 

;It   cannot   be   egotism;�察  �he   reasonably   observes�察   �that   prompts   a   man   to 

speak of himself in connection with Newgate。; 

     ;Whoever will undergo the pain�察─�says Mr。 Wakefield�察 �of witnessing 

the    public   destruction     of   a  fellow´creature's      life�察 �in  London�察    �must    be 

perfectly   satisfied   that   in   the   great   mass   of   spectators�察  �the   effect   of   the 

punishment is to excite sympathy for the criminal and hatred of the law。 。 。 

I am inclined to believe that the criminals of London�察�spoken of as a class 

and   allowing   for   exceptions�察  �take   the same   sort   of   delight   in   witnessing 


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executions�察�as the sportsman and soldier find in the dangers of hunting and 

war。 。 。 I am confident that few Old Bailey Sessions pass without the trial 

of a boy�察�whose first thought of crime occurred whilst he was witnessing 

an execution。 。 。 And one grown man�察�of great mental powers and superior 

education�察�who was acquitted of a charge of forgery�察�assured me that the 

first idea of committing a forgery occurred to him at the moment when he 

was   accidentally   witnessing   the   execution   of   Fauntleroy。        To   which   it 

may   be   added�察  �that   Fauntleroy   is   said   to   have   made   precisely   the   same 

declaration in reference to the origin of his own criminality。 

     But one convict ;who was within an ace of being hanged;�察�among the 

many      with   whom      Mr。   Wakefield     conversed�察    �seems     to  me    to  have 

unconsciously put a question which the advocates of Capital Punishment 

would find it very difficult indeed to answer。              ;Have you often seen   an 

execution�拭─  �asked   Mr。   Wakefield。        ;Yes�察  �often。;    ;Did     it   not   frighten 

you�拭─     �No。     Why should it�拭─�

     It is very easy and very natural to turn from this ruffian�察�shocked by 

the hardened retort�察�but answer his question�察�why should it�拭�Should he be 

frightened by the sight of a dead man�拭            �We are born to die�察�he says�察�with 

a careless triumph。       We are not born to the treadmill�察�or to servitude and 

slavery�察�or to banishment�察�but the executioner has done no more for that 

criminal than nature may do tomorrow for the judge�察�and will certainly do�察�

in her own good time�察�for judge and jury�察�counsel and witnesses�察�turnkeys�察�

hangman�察�and all。        Should he be frightened by the manner of the death�拭�

It is horrible�察�truly�察�so horrible�察�that the law�察�afraid or ashamed of its own 

deed�察  �hides   the   face   of   the   struggling   wretch   it   slays�察  �but   does   this   fact 

naturally awaken in such a man�察�terroror defiance�拭               �Let the same man 

speak。     ;What did you think then�拭─�asked Mr。 Wakefield。 ;Think�拭                  �Why�察�

I thought it was ashame。; 

     Disgust and indignation�察�or recklessness and indifference�察�or a morbid 

tendency to brood over the sight until temptation is engendered by it�察�are 

the inevitable consequences of the spectacle�察�according to the difference of 

habit and disposition in those who behold it。              Why should it frighten or 

deter�拭    �We   know   it   does   not。   We   know   it   from   the   police   reports�察  �and 


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from the testimony of those who have experience of prisons and prisoners�察�

and we may know it�察�on the occasion of an execution�察�by the evidence of 

our   own   senses�察  �if   we   will   be   at   the   misery   of   using   them   for   such   a 

purpose。      But     why    should    it�拭  �Who      would     send    his  child   or   his 

apprentice�察�or what tutor would send his scholars�察�or what master would 

send his servants�察�to be deterred from vice by the spectacle of an execution�拭�

If   it   be   an   example   to   criminals�察  �and   to   criminals   only�察  �why  are   not   the 

prisoners in Newgate brought out to see the show before the debtors' door�拭�

Why�察  �while   they   are   made   parties   to   the   condemned   sermon�察  �are   they 

rigidly excluded from the improving postscript of the gallows�拭                   �Because 

an    execution    is  well   known     to  be   an   utterly  useless�察   �barbarous�察   �and 

brutalising sight�察�and because the sympathy of all beholders�察�who have any 

sympathy at all�察�is certain to be always with the criminal�察�and never with 

the law。 

     I learn from the newspaper accounts of every execution�察�how Mr。 So´ 

and´so�察 �and   Mr。  Somebody  else�察 �and   Mr。  So´forth   shook   hands   with   the 

culprit�察�but I never find them shaking hands with the hangman。                   All kinds 

of   attention   and   consideration   are   lavished   on   the   one�察  �but   the   other   is 

universally   avoided�察  �like   a   pestilence。     I   want   to   know   why   so   much 

sympathy is expended on the man who kills another in the vehemence of 

his own bad passions�察�and why the man who kills him in the name of the 

law is shunned and fled from�拭           �Is it because the murderer is going to die�拭�

Then by no means put him to death。               Is it because the hangman executes 

a   law�察  �which�察   �when     they   

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