Very early I learned—as the lawyers all knew—that considerations of abstract justice were foreign to the Tombs. Each judge had his foible. It was more important to know these than the law. Judges McIvor and Bell were Grand Army men. Bell was always easy on veterans. He had a stock speech—"I am sorry to see a man who has fought for his country in your distressing condition. I will be as lenient as the law allows." McIvor, if he saw a G.A.R. button on a man before him would shout, "I am pained and grieved to see a man so dishonor the old uniform," and would give him the maximum.
Ryan, the most venal, the most servile machine man of the five, had a beautiful and intense love for his mother. A child of the slum, he had supported his mother since he was fourteen, had climbed up from the gutter to the bench. And filial love, like his own, outweighed any amount of moral turpitude with him. When I found a man in the Tombs who seemed to me innocent, I did not prepare a brief on this aspect of the case. I looked up his mother, and persuaded the clerk to put the case on Ryan's calendar. If I could get the old woman rigged up in a black silk dress and a poke bonnet, if I could arrange for two old-fashioned love-locks to hang down before her ears, the trick was turned. All she had to do was to cry a little and say, "He's been a good son to his old mother, yer honor."
The cases were supposed to be distributed among the judges in strict rotation. It was, in fact, a misdemeanor for the clerk to juggle with the calendar. But the largest part of a lawyer's value depended on his ability to persuade the clerk to put his client before a judge who would be lenient towards his offense.
O'Neil believed that a lady should be above suspicion. So when a woman was accused of crime, she was certainly not a lady, and probably guilty. It was for the good of the community to lock her up. Of course whenever a lawyer had a woman client his first act was to "fix" the clerk so that the case would not be put down before O'Neil.
Yet I would be eminently unfair to the people of the Tombs, if I spoke only of their evil side. Of course this was the side I first saw. But by the end of a year I had established myself. Once they had lost their fear that I was trying to interfere with their means of livelihood—a fear shared by the judges as well as the screws—hostility gave place to tolerance, and in some cases to respect and a certain measure of friendship. I began to think of them, as they did of themselves, as dual personalities. There was sinister symbolism in the putting on of the black robes by the judges. The screws out of uniform, in off hours, were very different beings from the screws on duty.
It is a commonplace that machine politicians are big-hearted. They listened to any story I could tell of touching injustice, often went down in their pockets to help the victim. I have never met more sentimental men. All it needed to start them was a little "heart interest." Frequently Big Jim, the gate man, would raise ten or fifteen dollars from the other screws to help out one of my men.
Judge Ryan met me one day on the street and invited me into a saloon. There began a very real friendship. Off the bench he was a most expansive man; he had wonderful power of personal anecdote. In the story of his up-struggle from the gutter, his mother on his shoulders, he was naïve in telling of incidents which to a man of my training seemed criminal. He owed his first opportunity, the start towards his later advancement, to Tweed. And he was as loyal to him as to his mother. The soul of the slum was in his story. It was an interpretation of the ethics which grow up where the struggle for existence is bitter. An ethics which is foul with the stink of fetid tenements, wizened with hunger, distorted with fear.
The attitude of the people of the Tombs to this dual life of theirs, the insistence with which they kept separate their professional and personal life, was shown clearly when a young assistant district attorney broke the convention. He brought his wife to court! He was a youngster, it was his first big case, he wanted her to hear his eloquence. The indignation was general. I happened to be talking to Big Jim, the gate man, when one of the screws brought the news.
"What?" Jim exploded. "Brought his wife down here? The son of a ——! Say. If my old woman came within ten blocks of the place—or any of the kids—I'd knock their blocks off. Go on. Yer kidding me."
When they insisted that it was true, he scratched his head disgustedly and kept reiterating his belief in the chap's canine ancestry. Two hours later, when I was going out of the Tombs, he stopped me. It was still on his mind.