Once arrested, he was led to the nearest police station, followed by a throng of curious onlookers. At the station house children were occasionally discharged, but ordinarily their names were entered on the police docket and the parents were informed. If no one was found at home, a message was left with a near neighbor. Some one must vouch for the boy’s appearance in court the next day before he could be liberated. If the boy was arrested in the evening, he might be taken directly to the Society for the Prevention of Cruelty to Children for detention and the parent notified to appear there for the child before midnight or at court the following morning.
The law provides that in cases of delinquency which do not involve a felony the police sergeant may accept the word of the parent or guardian as sufficient surety for presence at trial, without bail. However, the decision is left to the discretion of the officer, and bail was sometimes required for trivial offenses.[37] There is opportunity here for the local political “boss” to foster the belief that he is able to help a friendless family, and later to send his henchman to enlist the vote at the next election. There was no evidence that the local “boss” had any influence in the children’s court; it is significant, however, that the people thought he had.
In one case the great political “boss” of the district personally accompanied the mother to the court. This was when Mrs. Hannon, apparently believing that it was the thing to do, had “got up her ‘noive’” and appealed to him at once, without waiting for her husband to tell her. Furthermore, Mrs. Hannon triumphantly pointed out, the boy who had been brought in simultaneously with her son, was fined $3.00 “because his father was not ‘in’ with the Senator” at that time. In two other cases it was the aged mother of the “boss” who seemed to have the deciding voice as to his actions! There were other parents, one a saloon keeper, who boasted that they could have secured aid if they had happened to need it. One old woman resident said she had “enough friends to get the boy off the gallus if nade be!” These stories illustrate the Celtic feudal relation which existed between the political sponsor of the district and its inhabitants.[38]
Bail was seldom demanded at the headquarters of the Society for the Prevention of Cruelty to Children. When the boy was once inside this building, the general public could learn little of what went on except through the annual reports of the society, a formal visit, or reports from the families themselves. To many families the functions of the court and “the Gerry,” as the society is called after its founder, were indistinguishable amidst the irritating confusion of their court experience. If any distinction was made, there was a dread of “the Gerry man” (sometimes used as a “bogey”) which was not felt regarding the court.
By 10 o’clock of the first court day following the arrest, the boy was deposited by the society’s agents in the waiting room on the second floor of the court building, or brought by his parents to the court room. After a tedious wait his name was shouted through the corridor back of the court, and relayed to the waiting room. He was then taken into the noisy court room, where he stood one step below the witness stand while the officer or complainants were sworn in and corroborated the data on the judge’s or their own memoranda. The judge had only a brief record of the arrest and charge at this time, with an occasional verbal report from an officer of the society or a volunteer.[39] No investigation of the case, individual or social, was made before the trial. Our records contain cases which, had they been investigated, would have shown feeble-mindedness, adenoids, bad eyes, frail constitution, self-abuse, or terrible home conditions. On the other hand, there were cases where the character and family surroundings of the child should have shown a severe sentence to be unnecessary. Sometimes faulty records failed to show a previous arrest and the boy’s word was taken that he had never been in court before.
Following the accusation the boy was allowed to speak for himself, pleading guilty or not guilty. He stood on the top step, the center of a small group, about three feet from the judge. The distracting noise of the court room had at least one advantage; it prevented the audience from hearing what was said. After the boy had spoken, the mother or guardian might be admitted inside the rail to speak to the judge. In some cases, this privilege was refused. This constituted the distinct grievance of a group of parents who were not all of low type by any means. On the other hand, in two of our worst cases the judge, ignorant of conditions, proved susceptible to a shrewd appeal by the mother. It is hard to see, however, how the court could avoid such mistakes without an adequate investigating staff.
Occasionally the parents had engaged a lawyer, who was semi-officially recognized by the court and who collected what fees he could from the defendants. Sometimes the engagement was due to the initiative of the lawyer. In fully 80 per cent of the cases there was no lawyer formally pleading, and even when one was engaged he was in most cases unnecessary. The delay, and the cost to defendants, would have been much reduced if he had not been present. Since, however, every case registered as pleading “not guilty” was supposed to have had the opportunity of counsel, a lawyer’s name was formally entered in the record after every such case.
Before disposing of a case the judge might remand the boy to the care of the Society for the Prevention of Cruelty to Children while an investigation was made, if he were not sure of the proper treatment to be given. Only flagrantly bad conditions show up, however, under superficial investigation. A case was occasionally “remanded for investigation” in order to give the boy and the family a lesson; a remand of this sort being in reality a mild punishment. Since the reformatories have refused short commitments, this has frequently been the substitute.
Unless the boy was an old case, it was only after the court had acted and he had stepped down from the stand that the volunteer probation agencies took a hand. By this time the boy and his parents were pretty well bewildered, and in the excitement it was often impossible to make clear to them what was meant by the questions asked or the suggestions offered by these volunteers. The entire court experience meant for the more sensitive among both parents and children a nervous shock, or, at least, an extremely trying ordeal which was frequently out of all proportion to the triviality of the offense in question. Where the type of family which passed through the ordeal with indifference was concerned, it was correspondingly ineffective.