X.
I have spoken of the theatrical illusion which the proceedings of the court produced; but it often seemed to me also like a school where bad boys and girls were brought up for punishment. They were, indeed, like children, those poor offenders, and had a sort of innocent simplicity in their wickedness, as good people have in their goodness. One case came up on the occasion of my last visit, which I should like to report verbatim in illustration, but it was of too lurid a sort to be treated by native realism; we can only bear that sort when imported; and undoubtedly there is something still to be said in behalf of decency, at least in the English language. I can only hint that this case was one which in some form or other has been coming up in the police courts ever since police courts began. It must have been familiar to those of Thebes three thousand years ago, and will be so in those of cities which shall look back on Boston in an antiquity as hoary. A hard-working old fool with a month’s pay in his pocket and the lost soul with whom he carouses; the theft; the quarrel between the lost soul and the yet more fallen spirit who harbored her and traded at second hand in her perdition as to who stole the fool’s money,—what stale materials! Yet I was as much interested as if this were the first case of the kind, and, confronted with the fool and the lost soul and the yet more fallen spirit, I could not feel that they were—let me say it in all seriousness and reverence—so very bad. Perhaps it was because they stood there reduced to the very nakedness of their shame, and confessedly guilty in what human nature struggles to the last to deny—stood there, as a premise, far past the hope of lying—that they seemed rather subjects for pity than abhorrence. The fool and the lost soul were light and trivial; they even laughed at some of the grosser facts; but that yet more fallen spirit was ghastly tragical, as bit by bit the confession of her business was torn from her; it was torture that seemed hideously out of proportion to any end to be attained; yet as things are it had to be. If then and there some sort of redemption might have begun!
The divine life which is in these poor creatures, as in the best and purest, seemed to be struggling back to some relation and likeness to our average sinful humanity, insisting that if socially and publicly we denied it we should not hold it wholly outcast in our secret hearts, nor refuse it our sympathy. Seeing that on their hopelessly sunken level their common humanity kept that symmetry and proportion which physical deformity shows, one could not doubt that a distorted kindliness and good-nature remained to them in the midst of their depravity: the man was like a gray-headed foolish boy; the two women as simple and cunning as too naughty children. It could be imagined that they had their friendly moments; that in extremity they might care for each other; that even such a life as theirs had its reliefs from perdition, as in disease there is relief from pain, and no suffering, out of romance, is incessant. They had certainly their decorums, their criterions. On their plane, everything but the theft and the noisy quarrel was of custom and for granted; but these were misdemeanors and disgraceful. Like another hostess of the sort, the fallen spirit was aggrieved at these. “Do you think I keep thieves in my house?... The tithe of a hair was never lost in my house before.... I’ll no swaggerers.... There comes no swaggering here.... I will bar no honest man my house, nor no cheater; but I do not love swaggering.” This is the sum of what she said that she had said in rebuke of the lost soul; that thieving and that swaggering, they incensed her, and roused in her all the instincts of a moral and respectable person. Humanity adjusts itself to all conditions, and doubtless God forsakes it in none, but still shapes it to some semblance of health in its sickness, of order in its disorder, of righteousness in its sin.
I dare say that it was not a wholesome feeling, this leniency that acquaintance with sinners produces. There is much to be urged on that side, and I would like to urge it in considering the effect of daily attendance at the police court upon these spectators whom I have tried to study for the reader’s advantage. I must own that the trial at which I have hinted did not affect them seriously, and I doubt if they psychologized upon it. They craned their necks forward and gloated on those women with an unmistakably obscene delight. If they were not beyond being the worse for anything, they were the worse for that trial. Why were they present? Theoretically, perhaps to see that justice was done. But if justice had not been done, how could they have helped it? The public shame seemed purely depraving both to those who suffered it and to those who saw it; and it ought to have been no part of the punishment inflicted. It was horrible, and it sometimes befell those who were accused of nothing, but were merely there to be tortured as witnesses. The lawyer who forced that wretched hostess to confess the character of her house used no unfair means, and he dealt with her as sparingly as he might; yet it was still a shocking spectacle; for she was, curiously enough, not lost to shame, but most alive to it, and, standing there before that brutal crowd, gave up her name to infamy, with atrocious pain and hate; her face was such a visage as hell-fire might flash into sight among the newly damned, but such as our familiar and respectable sunlight would do well not to reveal to any eyes but magistrates’ and priests’. Till one has seen such a thing it is incredible that it should be, and then incredible that it should possibly be of daily occurrence. It was as if the physicians in charge of a public hospital should permit that rabble to be present at a clinique for some loathsome disease, to see that there was no malpractice. If the whole trial could have taken place with closed doors, and with none present but the parties, the lawyers, and the court, what possible harm could have been done? I think none whatever, and I am so sure of this that I would not only have all the police trials secret, but I would never have another police report in print—after this! Then the decency of mystery, and perhaps something of its awe, would surround the vulgar shame and terror of the police court, and a system which does no good would at least do less harm than at present.