Musolino will remain a hero for many long years to come. “He did his duty”: such is the popular verdict on his career. He was not a brigand, but an unfortunate—a martyr, a victim of the law. So he is described not only by his country-people, but by the writers of many hundred serious pamphlets in every province of Italy.
At any bookstall you may buy cheap illustrated tracts and poems setting forth his achievements. In Cosenza I saw a play of which he was the leading figure, depicted as a pale, long-suffering gentleman of the “misunderstood” type—friend of the fatherless, champion of widows and orphans, rectifier of all wrongs; in fact, as the embodiment of those virtues which we are apt to associate with Prometheus or the founder of Christianity.
Only to those who know nothing of local conditions will it seem strange to say that Italian law is one of the factors that contribute to the disintegration of family life throughout the country, and to the production of creatures like Musolino. There are few villages which do not contain some notorious assassins who have escaped punishment under sentimental pleas, and now terrorize the neighbourhood. This is one of the evils which derange patriarchalism; the decent-minded living in fear of their lives, the others with a conspicuous example before their eyes of the advantages of evil-doing. And another is that the innocent often suffer, country-bred lads being locked up for months and years in prison on the flimsiest pretexts—often on the mere word of some malevolent local policeman—among hardened habitual offenders. If they survive the treatment, which is not always the case, they return home completely demoralized and a source of infection to others.
It is hardly surprising if, under such conditions, rich and poor alike are ready to hide a picturesque fugitive from justice. A sad state of affairs, but—as an unsavoury Italian proverb correctly says—il pesce puzza dal capo.
For the fault lies not only in the fundamental perversity of all Roman Law. It lies also in the local administration of that law, which is inefficient and marked by that elaborate brutality characteristic of all “philosophic” and tender-hearted nations. One thinks of the Byzantines. . . . That justices should be well-salaried gentlemen, cognizant of their duties to society; that carbineers and other police-functionaries should be civilly responsible for outrages upon the public; that a so-called “habeas-corpus” Act might be as useful here as among certain savages of the north; that the Baghdad system of delays leads to corruption of underpaid officials and witnesses alike (not to speak of judges)—in a word, that the method pursued hereabouts is calculated to create rather than to repress crime: these are truths of too elementary a nature to find their way into the brains of the megalomaniac rhetoricians who control their country’s fate. They will never endorse that saying of Stendhal’s: “In Italy, with the exception of Milan, the death-penalty is the preface of all civilization.” (To this day, the proportion of murders is still 13 per cent higher in Palermo than in Milan.)
Speak to the wisest judges of the horrors of cellular confinement such as Musolino was enduring up to a short time ago, as opposed to capital punishment, and you will learn that they invoke the humanitarian Beccaria in justification of it. Theorists!
For less formidable criminals there exists that wondrous institution of domicilio coatto, which I have studied in the islands of Lipari and Ponza. These evil-doers seldom try to escape; life is far too comfortable, and the wine good and cheap; often, on completing their sentences, they get themselves condemned anew, in order to return. The hard-working man may well envy their lot, for they receive free lodging from the Government, a daily allowance of money, and two new suits of clothes a year—they are not asked to do a stroke of work in return, but may lie in bed all day long, if so disposed. The law-abiding citizen, meanwhile, pays for the upkeep of this horde of malefactors, as well as for the army of officials who are deputed to attend to their wants. This institution of domicilio coatto is one of those things which would be incredible, were it not actually in existence. It is a school, a State-fostered school, for the promotion of criminality.
But what shall be expected? Where judges sob like children, and jurors swoon away with emotionalism; where floods of bombast—go to the courts, and listen!—take the place of cross-examination and duly-sworn affidavits; where perjury is a humanly venial and almost praiseworthy failing—how shall the code, defective as it is, be administered? Rhetoric, and rhetoric alone, sways the decision of the courts. Scholars are only now beginning to realize to what an extent the ancient sense of veracity was tainted with this vice—how deeply all classical history is permeated with elegant partisan non-truth. And this evil legacy from Greco-Roman days has been augmented by the more recent teachings of Jesuitry and the Catholic theory of “peccato veniale.” Rhetoric alone counts; rhetoric alone is “art.” The rest is mere facts; and your “penalista” has a constitutional horror of a bald fact, because there it is, and there is nothing to be done with it. It is too crude a thing for cultured men to handle. If a local barrister were forced to state in court a plain fact, without varnish, he would die of cerebral congestion; the judge, of boredom.
In early times, these provinces had a rough-and-ready cowboy justice which answered simple needs, and when, in Bourbon days, things became more centralized, there was still a never-failing expedient: each judge having a fixed and publicly acknowledged tariff, the village elders, in deserving cases, subscribed the requisite sum and released their prisoner. But Italy is now paying the penalty of ambition. With one foot in the ferocity of her past, and the other on a quicksand of dream-nurtured idealism, she contrives to combine the disadvantages of both. She, who was the light o’ love of all Europe for long ages, and in her poverty denied nothing to her clientèle, has now laid aside a little money, repenting of her frivolous and mercenary deeds (they sometimes do), and becoming puritanically zealous of good works in her old age—all this, however, as might have been expected from her antecedent career, without much discrimination.
It is certainly remarkable that a race of men who have been such ardent opponents of many forms of tyranny in the past, should still endure a system of criminal procedure worthy of Torquemada. High and low cry out against it, but—pazienza! Where shall grievances be ventilated? In Parliament? A good joke, that! In the press? Better still! Italian newspapers nowise reflect the opinions of civilized Italy; they are mere cheese-wrappers; in the whole kingdom there are only three self-respecting dailies. The people have learnt to despair of their rulers—to regard them with cynical suspicion. Public opinion has been crushed out of the country. What goes by that name is the gossip of the town-concierge, or obscure village cabals and schemings.