I hold—though in this I may be wrong—that if the law cannot compel fraudulent persons to restore their ill-gotten gains—and in the case of the prisoner at Tower Bridge this was, of course, impossible—then at least it ought to administer in such cases a decent amount of punishment. But the course adopted did not uphold the dignity of the law; it did not in the least help those that have suffered; it did not punish the prisoner; neither did it serve to act as a warning to others. But while, as I have previously said, justice is, on the whole, fairly administered, there is still a wide difference in the sentences given for like offences. The demeanour of a prisoner before the magistrate may easily add to or lessen the length of his sentence; crocodile tears and a whining appeal for mercy generally have an opposite effect to that the prisoner wishes.

A scornful, defiant, or violent attitude is almost certain to increase the length of sentence. The plausible, cunning, and somewhat clever man, who cross-examines with the skill of an expert, is sure to be hardly judged and appraised when sentence is given; but the devil-may-care fellow, who bears himself a bit jauntily, and who, moreover, has considerable humour and a dash of wit, is almost sure by a few witty or humorous quips to partially disarm justice and secure for himself more lenient punishment. I suppose we all have a sneaking kindness for the complete vagabond; we instinctively like the fellow who can make us laugh; we do not want to believe that the man who is possessed of humour is altogether bad, and when we have to punish him we let him off as lightly as possible. But the stubborn thick-head does not excite either our risible faculties or our heart's sympathy; nevertheless, that thick-head may be far less guilty than the complete vagabond—in truth, he is often a far better fellow—but his thick-headedness is against him, and we punish him accordingly. And here I draw upon my own experiences, for I have known complete vagabonds that were also absolute scoundrels, who, by their apparent candour, jollity, and flashes of humour, continually saved themselves from anything approaching long sentences.

One fellow in particular took at least twelve years in qualifying for penal servitude, though he was a thorough rogue and a vagabond absolutely. He was a printer and a clever workman; but he never worked—not he! He would steal anything. Several times he had called on clergymen, and while conversing with them in their halls had appropriated their best silk umbrellas. On one occasion he had gone away without booty, but he returned five minutes afterwards, and rang the bell, which, being answered by the servant, he said: "I am very sorry to trouble, but I forgot my umbrella. Ah! here it is." And he went away with the parson's best.

"Give me another chance," I have heard him say. "You know you like me: I am not a bad fellow at heart." He saved himself from penal servitude many times, but he got it at last, after several narrow escapes.

One winter night I was told he was at my front-door, where he had been many times, for I never asked him in: I am sure he would have robbed me if I had. "Well, old man, how are you?" he said, for he always patronized me in a delightful manner. "Oh, it is you, Downy, is it?" "Ah, it is me. I say, Holmes, I am starving!" "There is some comfort in that," I said. "Bah! you don't mean it; you are too good-hearted. Give us a cup of tea." I declined his invitation, and told him that I had no umbrellas to spare. "Well, that's a bit thick," he said; "I did not expect that from you. Well, I'm off." Then, as an afterthought, he said: "What's the time?" "Five minutes past six," I said. "Why, I have been on this doorstep quite five minutes." "Quite ten minutes," I said.

Away he went to the parish clergyman, who did not know him, and delivered some imaginary messages from myself. He got two shillings and a meal from the clergyman.

To my surprise, I saw him in the dock next day, charged with stealing a valuable fur-lined overcoat. He had called at a gentleman's house to ask for employment. The servant had admitted him, and left him standing in the hall while she summoned the master. It was dark, but he discovered the valuable coat and put it on. There was no work for him, and the gentleman, who knew Downy well, showed him out promptly. He afterwards missed his coat, and quickly gave information to the police. Downy was as light-hearted as usual, denied his guilt, and closely examined the prosecutor as to the exact time he (Downy) called on him. The magistrate, having had depositions taken, was about to commit him for trial, when the prisoner said: "I have a witness to call." "You can call him at your trial," the magistrate said. "Who is your witness?" "Mr. Holmes." "What can he prove?" "That I was at his house at exactly the same time that it is said I was at the prosecutor's." I declined to give evidence, for I believed the fellow had the overcoat, though he was without a coat when I saw him. He was duly committed for trial, but before leaving the dock he turned to the magistrate and said: "You have made up your mind that I am to get five years, but you are mistaken this time: no jury will convict on the evidence." The grand jury threw out the bill, so I was saved the pleasure of giving evidence for him. In a few days he appeared at the court desiring to speak to the magistrate. When given the chance, he said: "Well, I'm here again. I thought you might be pleased to know that no true bill was found against me; my case did not go to the jury. You haven't done with me yet." "I am sorry," said the magistrate. "But you will not be disappointed many more times. You will get your five years." "Probably, but not at your suggestion. Good-morning!"

He was on my doorstep again that evening. "Come to see you again, Holmes, my boy. Lend us half a crown!" I declined. "Ha!" he said, "you would lend it me soon enough if you knew what a lark I have had. I can't help laughing. Why, I have been to old —— and offered to give him back his fur coat for a quid." And the rascal roared at the thought of it. "What did he say to you?" "Well, he rather hurt my feelings, for his language was not polite." "I suppose you have not restored it?" "What do you think?"

But Downy got his five years within a few weeks. He removed a big marble clock from the bar of a public-house, and got away with it, too, in broad daylight; but Fate tripped him at last, and he got his well-earned five years. As he is still under forty years of age, I have no doubt but that in prison his talent will be developed. Not that he has much to learn, but even Downy may gather a few wrinkles when given proper opportunities.