The fifth judge, O'Neil, was a Scotchman. He was said to be—and I believe was—incorruptible. He had been swept into office on a former wave of reform, and had no dealings with the machine. But he was utterly unfit to be on the bench. A few weeks after I was sworn in, I saw a phase of his character which was worse than "graft."
A man was brought before him for "assault"—a simple exchange of fisticuffs. In general such cases are treated as a joke. Two men have a fight—then they race to the police station. The one who gets there first is the complainant, the slower footed one is the defendant. Each brings a cloud of witnesses to court to swear that the other was the aggressor. It is hopeless to try to place the blame. The penal code fixes a maximum sentence of one year and five hundred dollars fine, but unless some especial malice has been shown, the judges generally discharge the prisoner with a perfunctory lecture or, at most, give them ten days.
This man had an especially good record. He had worked satisfactorily for several years in the same place, his wife and her three small children were entirely dependent upon his earnings. O'Neil skimmed over his recommendations listlessly, until his eye caught a sentence which told the nature of the man's employment. He stiffened up with a jerk.
"Are you a janitor?" he thundered.
"Yes, your honor."
"Well, I tell you, sir, janitors must be taught their place! There is no more impudent, offensive class of men in this city. This morning, sir, there was no heat in my apartment, and when my wife complained the janitor was insolent to her! Insulted her! My wife! When I went downstairs he insulted me, sir! The janitor insulted me, I say! He even threatened to strike me as you have wantonly assaulted this reputable citizen here, the complainant. It is time the public was protected from janitors. I regret that the law limits the punishment I can give you. The court sentences you, sir, to the maximum. One year and five hundred dollars!"
The outburst was so sudden, so evidently a matter of petty spite, that there was a hush all over the court.
"What's the matter?" his honor snapped. "Call up the next case."
Of course this sentence would have been overthrown in any higher court, but the man had no money. Such things did not happen very often, but frequently enough to keep us ever reminded of their imminent possibility.
I have sixty fat note-books which record my work in the Tombs. Almost every item might be quoted here to show how little by little contempt of court grew in my mind. It crystallized not so much because of the relatively rare cases where innocent men were sent to prison, as because of the continual commonplace farce of it.