I have that paper now before me—the Coventry Times, dated Wednesday, December 12, 1906. The trial took place on the previous Friday at Warwick Assizes. Taylor was charged with breaking and entering, and feloniously stealing twenty-four farthings, one gold locket, one metal chain, and ten spoons; to make assurance doubly sure, he also was charged with receiving the same property. Taylor had been in custody since January 23, 1906. On December 7 of the same year he received his extraordinary sentence, after being detained in prison nearly eleven months. Everything seems extraordinary about this case—the long delay before trial, the severe sentence, the trumpery character of the articles stolen. I express no opinion about the prisoner's guilt. Some of the articles were found in his possession, and it was proved that he had been spending farthings. That the people whose house had been entered did not suspect the prisoner was clear, as they sent for him next morning to repair the door that had been broken. But, at any rate, the jury believed Taylor guilty, for, without leaving the box, they gave their verdict to that effect.
One of the objects of the burglary appears to have been the acquisition of the silver teaspoons.
Mrs. Wilson, the prosecutor's wife, had been previously married to a man named Vernon, and the spoons in question belonged to him. It was said that the friends of Vernon wanted the spoons, and Mrs. Wilson admitted that "they would like them; but they had let her alone for twenty years."
These spoons disappeared. They were not found in Taylor's possession, but someone had undoubtedly taken them. Mrs. Wilson stated in her evidence that after the burglary there was a piece of paper left on the parlour table, on which was written in pencil the words, "Mrs. Vernon, after twenty years"; but this paper was missing, and the prisoner's mother had been in the parlour and had seen the paper, which could not be found after she left.
Whether Taylor committed a trumpery burglary, or whether he did the thing out of mean spirit, or whether he was in collusion with others, does not matter very much. Punishment he doubtless deserved, but fourteen years for a young man for a silly offence seems beyond the bound of credibility. But it is true; for in June, 1907, I approached the Home Secretary, begging for a revision of the sentence, and received a reply similar to that sent to the prisoner's father—that it was too early a date for interference. It is only fair to assume that the judge was in possession of knowledge that justified his words, if not his sentence, for in addressing the prisoner he said: "You have been convicted, and properly convicted; but I know the sort of man you are, from this case and from the fact that there is another charge against you in this calendar. Fourteen years' penal servitude!"
I am not surprised to read that "The prisoner appeared to be stunned when he heard the sentence, and fell into the warders' arms who surrounded him!" I am not surprised to read that the prisoner's father and mother rose to their feet, and that the one shouted, "He is innocent!" and that the other went into hysterics; but I am surprised to read that an English judge could not allow something for parental feelings, and that he said fiercely: "Take those people away!" and when the prisoner's father shouted, "I can go out, but he is innocent!" that the judge instantly retorted: "If you don't go out, I will commit you to prison." Fourteen years for a young man of twenty-two! Fourteen years for a first offender! It requires an effort to make oneself believe it, but it is a fact.
I should like to know what was at the back of Mr. Justice Ridley's mind when he gave that sentence. Surely he had some reasons that he, at any rate, considered sufficient to justify it. It is difficult to imagine what they were, for no personal violence had been offered, no firearms had been carried, no burglar's tools had been discovered. Taylor was not even suspected of connection with any professional criminals. It was, moreover, the first time he had been in the hands of the police. Taylor seems to have been industrious, for at twenty-two years of age he was in business on his own account. I can't help thinking that there was something wrong with Taylor, some mental twist or peculiarity; for, admitting him to be guilty, he acted like a fool. To leave a piece of paper, in his own handwriting, referring to matters of which only intimate friends could have knowledge, was of itself an extraordinary thing; but to go spending openly at public-houses stolen farthings was more extraordinary still. So the responsibility for his conviction rests largely with himself.
But fourteen years even for a fool is unthinkable, and the responsibility for that rests with his judge.
This leads me to say that stupid and half-witted criminals are often more severely dealt with than clever and dangerous rogues. The former "give themselves away" in such sweetly simple fashion that they appear hardened and indifferent, and are punished accordingly. I am afraid, too, that sometimes judges and magistrates cannot attain to Pauline excellence and "suffer fools gladly." Hundreds of times I have heard the expression about someone who had received a severe sentence: "Well, he deserved it for being such a fool!" Even the public is more prepared to tolerate severe punishments for the men whose crimes savour of crass folly, if not of downright idiocy, than it is for dangerous, clever daring, and calculating rogues. My second example will tend to show that magistrates are not exempt from this kind of feeling, but when led by it, rush to the other extreme, and inflict no punishment whatever. The hearing of the case I am about to relate took place at Tower Bridge Police-Court in July, 1908.
A young married woman was charged with obtaining by false pretences £75 in cash and £15 worth of jewellery from an old woman who had been a domestic servant, but who at the age of seventy had given up regular work, and was hoping to make her little savings suffice for the remainder of her days. The prisoner was also charged with obtaining by fraud £10 5s. from a working man in whose house she had lodgings.