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lastings. The ancestors of Terebratu- Is there any more reason for believing na caput serpentis may have been pres- that the concomitant modifications in the nt at a battle of Ichthyosauria in that forms of the living inhabitants of the art of the sea which, when the chalk was globe have been brought about in other orming, flowed over the site of Hastings. ways? Vhile all around has changed, this Before attempting to answer this quesCerebratulina has peacefully propagated tion, let us try to form a distinct mental ts species from generation to generation, picture of what has happened in some nd stands to this day, as a living testi- special case. nony to the continuity of the present The crocodiles are animals which, as a vith the past history of the globe.

group, have a very vast antiquity. They

abounded ages before the chalk was deUp to this moment I have stated, so posited; they throng the rivers in warm far as I know, nothing but well-authenti- climates, at the present day. There is cated facts, and the immediate conclu- difference in the form of the joints of sions which they force upon the mind. the back-bone, and in some minor particu

But the mind is so constituted that it lars, between the crocodiles of the present does not willingly rest in facts and im- epoch and those which lived before the mediate causes, but seeks always after a chalk; but in the cretaceous epoch, as I knowledge of the remoter links in the have already mentioned, the crocodiles chain of causation.

had assumed the modern type of structure. Taking the many changes of any given Notwithstanding this, the crocodiles of spot of the earth's surface, from sea to the chalk are not identically the same as land and from land to sea, as an estab- those which lived in the times called lished fact, we cannot refrain from ask- "older tertiary," which succeeded the creing ourselves how these changes have oc- taceous epoch; and the crocodiles of the curred. And when we have explained older tertiaries are not identical with them-as they must be explained—by the those of the newer tertiaries, nor are these alternate slow movements of elevation identical with existing forms. I leave and depression which have affected the open the question whether particular specrust of the earth, we go still further cies may have lived on from epoch to back, and ask, Why these movements ? epoch. But each epoch has had its pe

I am not certain that any one can give culiar crocodiles; though all, since the you a satisfactory answer to that question. chalk, have belonged to the modern type, Assuredly I cannot. All that can be and differ simply in their proportions, and said, for certain, is, that such movements in such structural particulars as are disof

cernible only to trained eyes. present time. Direct proof may be given, cession of different species of crocodiles that some parts of the land of the north- to be accounted for? ern hemisphere are at this moment insen- Only two suppositions seem to be open sibly rising and others insensibly sinking; to us-Either each species of crocodile and there is indirect, but perfectly satis- has been specially created, or it has arisen factory, proof, that an enormous

out of some pre-existing form by the now covered by the Pacific has been deep- operation of natural causes. ened thousands of feet, since the present Choose your hypothesis; I have chosen inhabitants of that sea came into exist | mine. I can find no warranty for believence.

ing in the distinct creation of a score of Thus there is not a shadow of a rea- successive species of crocodiles in the son for believing that the physical changes course of countless ages of time. Science of the globe, in past times have been ef- gives no countenance to such a wild fected by other than natural causes. fancy; nor can even the perverse inge

inasmuch as they are going on at the How is the

existence of this long suc


nuity of a commentator pretend to dis- A small beginning has led us to a cover this sense, in the simple words in great ending. If I were to put the bit which the writer of Genesis records the of chalk with which we started into the proceedings of the fifth and sixth days of hot but obscure flame of burning hydrothe Creation.

gen, it would presently shine like the sun. On the other hand, I see no good rea- It seems to me that this physical metason for. doubting the necessary alterna- morphosis is no false image of what has tive, that all these varied species have been the result of our subjecting it to a been evolved from pre-existing croco- jet of fervent, though nowise brilliant, dilian forms, by the operation of causes as thought to-night. It has become lumincompletely a part of the common order ous, and its clear rays, penetrating the of nature, as those which have effected abyss of the remote past, have brought the changes of the inorganic world. within our ken some stages of the evolu

Few will venture to affirm that the tion of the earth. And in the shifting reasoning which applies to crocodiles loses “without haste, but without rest” of the its force among other animals, or among land and sea, as in the endless variation plants. If one series of species has come of the forms assumed by living beings, we into existence by the operation of natural have observed nothing but the natural causes, it seems folly to deny that all may product of the forces originally possessed have arisen in the same way.

by the substance of the universe.



BETWEEN the unpardonable cruelty of the prison conditions which have prevailed until recently and the régime which certain sentimentalists would like to institute, Thomas Mott Osborne (1859- ) steers an aggressive middle course. While in no sense desiring to make a pet of the criminal, Mr. Osborne assails the degenerative influences that are inherent in the existing system, and urges with rational vehemence that we consider the inmates of our penal institutions as human beings, not as a type predestined to crime.

In thus condemning the older order, Mr. Osborne speaks as one with authority. Besides having been warden of Sing Sing and commandant of the naval prison at Portsmouth, he has studied at first hand the psychological effects of prison life. In 1913 he voluntarily served a brief term in Auburn Prison that he might approach the problem from the point of view of one of the inmates. As a consequence of his investigations Mr. Osborne began a vigorous campaign of reform, one of the results of which has been the formation of the Mutual Welfare League. Society and Prisons (1916), of which the following passage is a portion, suggests the ideal relation between society and its penal institutions.

The man who seems to have been re- who had come into the world predestined sponsible for a great deal of the non- to evil deeds, and who could surely be sense which has been written and talked recognized by certain stigmata, certain under the name of penology, was the facial, physical, even moral birthmarks, Italian savant, Cesare Lombroso, who the possession of which, presumably inpublished in his book L'Uomo Delin- eradicable, foredoomed him to the comquente in 1876. In this work Lom- mission of crime." broso set forth what was claimed to be a Lombroso's theories were hailed as the discovery, to use the words of Major foundation of a

foundation of a new science-criminArthur Griffiths, of "a criminal type, the ology; the basis of which seemed to be instinctive or born criminal, a creature the study of prisoners not as men, re

lated naturally to other men, but ex1 From Society and Prisons by Thomas Mott Osborne. Published by Yale Univer

clusively as criminals. A truly scientific sity Press. Reprinted by permission.

student, when he found 32 per cent. of

the boys in a certain reform school tat- In the present investigation we have extooed, would have felt it desirable to haustively compared, with regard to many

physical characters, different kinds of crimnake an extended examination of the dis

inals with each other, and criminals, as a trict which supplied the inmates, in order

class with the law-abiding public. From to determine whether that percentage these comparisons, no evidence has emerged was larger or smaller than the usual av- confirming the existence of a physical crim

inal type, such as Lombroso and his disciples erage, before drawing any general con

have described. Our data do show that physclusions. The result might not prove ical differences exist between different kinds particularly valuable or interesting in it- of criminals; precisely as they exist between self, but it would at least have the merit

different kinds of law-abiding people. But,

when an allowance is made for a certain of proving something. Your criminolo

range of probable variation, and when they gist, on the contrary proceeded upon the are reduced to a common standard of age, assumption that, if he measured all the stature, intelligence and class, etc., these dif

ferences tend entirely to disappear. Our renoses of men in prison and thus deter

sults nowhere confirm the evidence, nor justify mined the average nasal length, he had

the allegations, of criminal anthropologists. thereby ascertained, beyond all question, They challenge their evidence at almost every the "criminal nose.” The fact that it point. In fact

, both with regard to measuremight be an exact replica of the average

ments and the presence of physical anomalies

in criminals, our statistics present a startling nose of law-abiding people outside the

conformity with similar statistics of the lawprison was not taken into account. The abiding classes. The final conclusion we are great object was to confine your study to bound to accept until further evidence, in the the criminal.

train of long series of statistics, may compel

us to reject or to modify an apparent certainty Of course the results of this kind of

-our inevitable conclusion must be that there research are hopelessly vitiated by its ini- is no such thing as a physical criminal type. tial mistake; they have but little more value than would a monograph on the

It should be added that one humorous nature and habits of the polar bear, based outcome of Dr. Goring's measurements exclusively upon examination of a sin- was to show that there is a wider divergle animal confined in the cage of a

gence, physically, between the average menagerie. Nevertheless Lombroso's the- Oxford University graduate and the avory has been widely accepted; it tal- erage Cambridge University graduate lies with the popular impression of the than between the criminal and either one criminal; and many penologists have been of them. led astray by it. They talk and write When we turn from physical to menglibly of the criminal type,"-having in tal and moral characteristics, we come to mind certain retreating foreheads and matters by no means so easy to chart and chins, furtive eyes, large, flapping ears, determine. From my own personal exand the style of nose and mouth they perience, however, which has given me personally most dislike.

somewhat unusual chances to study these A few years ago the happy thought oc- men at first hand, I have found no more curred to an English physician connected reason for belief in a mental or moral with the Parkhurst prison, Dr. Charles criminal type than Dr. Goring has found Goring, to investigate the facts of this for belief in a physical one. widely accepted theory. He examined Since September, 1913—for two years carefully many hundreds of convicts; but and four months, I have lived on terms also many hundreds of people outside the of close and intimate friendship with a prison engaged at similar work; also large number of convicts in two of New many university graduates. The in- York's state prisons. At Auburn I have structive results are published in a Brit- shared in the life of the inmates, both in ish blue book; and may be summed up in prison and out in one of the road-building Dr. Goring's own carefully chosen camps; I have worn their uniform, eaten words:

and slept with them, worked and played with them, witnessed their sufferings and have acted and the whole elaborate and participated in their interests. At Sing complicated system of legal restraint and Sing I have seen them from a different punishment is based. It is no wonder, angle--that of a prison official; but it has therefore, that those who are engaged in still been a relation of sympathetic inter- this work of destruction are assailed as est and intimate friendship. I have fol- "theorists," "cranks," "impractical dreamlowed the lives of many of these men after ers.” The remarkable thing is that the they have left prison. In short, there enemy's vocabulary has been on the whole have been very unusual opportunities for so restrained. my studying the facts at close quarters; Readers of Dickens will recall the and I have yet to meet one prisoner whom amazement and righteous indignation exI regarded as anything but a perfectly hibited by the worthy Mrs. Gamp when natural human being,-a natural human her friend and

her friend and fellow-worker, Betsy being often rendered abnormal through Prig, dared to question the existence inherited weaknesses, more often through of her mythical friend, -Mrs. Harris. the evil influences of unhealthy environ- | You will remember when quoting Mrs. ment, most often through the stupidity of Harris once too often, Sairy Gamp was older people to whose care a precious hu- interrupted by Betsy's historic utterance: man life was early entrusted. I believe "I don't believe there's no sich a person. that the institutions, devised by man for At once the very foundation of Mrs. the training of youth, to be most respon Gamp's carefully built-up social position sible for the inmates in our state prisons. was threatened ;-her veracity, her proAnd when we talk about "confirmed fessional reputation, her whole existence criminals" and a "criminal type" and a tottered. No wonder that the immortal "criminal class,” we are trying to lay partnership of Sairy Gamp and Betsy upon God the blame which belongs upon Prig was severed. If it may be allowed ourselves.

to compare small things with great, such For while there is no such thing as a a severance is inevitable between the becriminal type, there is a "prison type”;- lievers in the old and those of the new the more shame to us who are responsible penology; for whenever they talk to us for it. Forth from our penal institu- about the criminal,” we boldly say: tions year after year, have come large We don't believe there's no sich a pernumbers of men, broken in health and spirit, white-faced with the “prison pal- Because I would have you believe that lor," husky in voice-hoarse from disuse, these inmates of our prisons are not with restless, shifty eyes and the timidity "criminals” in the meaning which we of beaten dogs. But these are creatures read into the term, I would not have you whom we ourselves have fashioned; the jump to the conclusion that I believe finished product of our prison system. them to be altogether admirable. There These are what we have to show for the is no more reason to be sentimental than millions of dollars wasted and the thou- to be callous. Let us simply exercise sands of lives worse than wasted because common-sense in the matter. These men of our denial of common-sense and hu- have more than their share of the weakmanity.

nesses, follies and vices of humanity; but When we thus question the very ex- they are by no means lacking in the viristence of “the criminal” for whom our tues. Some have low ideals and coarse prisons have been so carefully and ex- habits; some are passionate; some are pensively constructed and about whose brutal; some are selfish and inconsiderimaginary personality so many dull and ate; some are diseased; some are mentally useless books have been written, we are defective ;-but all men with these evil in truth calling in question the accepted facts upon which our social reformers 1Two old nurses in Martin Chuzzlewit.


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characteristics are not in prison. In the his delightful book: Miss Muffet's world outside we revere simple goodness; | Christmas Party. After reminding his we honor truthfulness and sincerity; we readers of the historical fact that love loyalty and the glorious capacity to live and, if necessary, to die for a friend.

Little Miss Muffet All these virtues in their intensest form

Sat on a tuffet, we find inside the prison. It has been my privilege to have many loyal and trusted the author remarks: friends both within and without the walls; but if I should need one who Perhaps some of you would like to know would be faithful unto death, one who

what a tuffet is. I have thought of that mywould unhesitatingly throw away his life

self, and have taken the trouble of asking

several learned persons. They assure to bring his friend a great joy or a great that the most complete and satisfactory defibenefit, I might possibly find such a nition is,-a tuffet is the kind of thing that friend outside; inside the prison, clad in

Miss Muffet sat on. the gray uniform of the convict, I know of more than one.

Speaking seriously, however, the dis

ease theory of crime is a mischievous one, Some penologists endeavor to find a for it has a certain amount of superficial middle ground in this matter, holding plausibility; being to a certain extent true. that crime is a disease. This view offers But it is true only as metaphor; not as a resting place to the sentimentalist; for literal fact. A man ill physically, which it concedes the irresponsible acts of the

is what is meant when we use the word criminals, while at the same time it holds

"ill" without qualification, is sent to hosfast to the idea of their unnatural and pital for eye, ear or body. man mendangerous character. The following, tally ill is sent to an asylum-a hospital from a leading authority on penology, sets for the mentally afflicted. But the esforth this view :

sential trouble with the criminal is nei

ther physical nor mental; he is spiritually The disease of criminality has one abso- ill; socially ill; ill of selfishness of a pelutely unfailing, positive symptom, which is culiar form of civic egotism, which causes crime. A person may be afflicted with the

him to be indifferent to the social rights disease before it has been detected, but when

of other men. The proper hospital for this symptom has been discovered it is positive evidence of the presence of the disease;

him is the prison. and the patient must be at once committed In other words, disease is physical ; deto the care and treatment of skilled doctors.

mentia, in its various forms, is mental; Unless this is done the disease will in almost

crime, in its various forms, is spiritual. every case progress in virulence, or become chronic and incurable.

The fact that a man may be afflicted in

two or all three ways at the same time Consider for a moment this statement tends to superficial confusion, but does not made so seriously and in such ingenuous alter the fundamental differences. A man good faith: "The disease of criminality may commit crime because he is insane; has one unfailing, positive symptom,

nevertheless the two things spring from which is crime." It is as if in a stand- different causes; and to call criminality a ard work on medicine one should read: disease of which crime is a symptom is to "Diphtheritic disease has one unfailing, juggle with words—to fall into just the positive symptom, which is the presence

kind of verbal fallacy we have been tryof diphtheria.”

ing to avoid. As a contribution to our scientific

The worst feature of the disease theory knowledge, I can think of nothing to is that it cancels the responsibility of the equal this since the valuable discovery criminal for his acts; and the moment which Dr. Crothers gave to the world in you relieve a man of such personal re

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