THE CONTEMPORARY SCIENCE SERIES.

Edited by HAVELOCK ELLIS.

THE CRIMINAL.

By the same Author.

THE NEW SPIRIT.

London: G. Bell & Sons.

Frontispiece.

The Criminal.

BY
HAVELOCK ELLIS.

ILLUSTRATED.

SCRIBNER & WELFORD,
743 & 745 BROADWAY,
NEW YORK.
1890.


CONTENTS.

[CHAPTER I.]PAGE
Introduction[1]
[CHAPTER II.]
The Study of the Criminal[26]
[CHAPTER III.]
Criminal Anthropology (Physical)—
§ 1.Cranial and Cerebral Characteristics[49]
§ 2.The Face[63]
§ 3.Anomalies of the Hair[72]
§ 4.Criminal Physiognomy[78]
§ 5.The Body and Viscera[88]
§ 6.Heredity[90]
§ 7.Tattooing[102]
§ 8.Motor Activity[108]
§ 9.Physical Sensibility[112]
[CHAPTER IV.]
Criminal Anthropology (Psychical)—
§ 1.Moral Insensibility[124]
§ 2.Intelligence[133]
§ 3.Vanity[139]
§ 4.Emotional Instability[142]
§ 5.Sentiment[152]
§ 6.Religion[156]
§ 7.Thieves’ Slang[161]
§ 8.Prison Inscriptions[169]
§ 9.Criminal Literature and Art[176]
§ 10.Criminal Philosophy[193]
[CHAPTER V.]
The Results of Criminal Anthropology[202]
[CHAPTER VI.]
The Treatment of the Criminal[233]
[CHAPTER VII.]
Conclusions[283]
Appendix—
[A.] Explanation of Plates[303]
[B.] The Congress of Criminal Anthropology at Paris[307]
[C.] The International Association of Penal Law[316]
[D.] Some Cases of Criminality[318]
[E.] Elmira[329]
Index[335]

PREFACE.

This little book is an attempt to present to the English reader a critical summary of the results of the science now commonly called criminal anthropology. In other words, it deals briefly with the problems connected with the criminal as he is in himself and as he becomes in contact with society; it also tries to indicate some of the practical social bearings of such studies.

During the last fifteen years these studies have been carried on with great activity. It seemed, therefore, that the time had come for a short and comprehensive review of their present condition. Such a review of a young and rapidly growing science cannot be expected to reveal any final conclusions; yet by bringing together very various material from many lands, it serves to show us how we stand, to indicate the progress already made, and the nature of the path ahead. In these matters we in England have of recent years fallen far behind; no book, scarcely a solitary magazine article, dealing with this matter has appeared among us. It seemed worth while to arouse interest in problems which are of personal concern to every citizen, problems which are indeed the concern of every person who cares about the reasonable organisation of social life.

I would willingly have given the task to abler hands. But I found no one in England who was acquainted with the present aspects of these questions, and was compelled, therefore, after considerable hesitation, to undertake a task which had long appealed to me from various sides, medical, anthropological, and social.

There is, I believe, nothing original in this book. It simply represents a very large body of intelligent opinion in many countries. I have to acknowledge with gratitude the assistance, always ungrudgingly rendered, which I have received from very many directions. I would specially mention those medical officers of prisons in Great Britain who answered my Questions issued at the beginning of 1889, Dr. Hamilton Wey of the Elmira Reformatory, Dr. Vans Clark, formerly Governor of Woking Prison, Professor Lombroso of Turin, Dr. Antonio Marro, the Rev. J. W. Horsley, Dr. Langdon Down, Dr. Hack Tuke, Dr. Francis Warner, etc. It would, however, be impossible to enumerate all those to whom I am indebted. In such a task as this the writer himself has the smallest part; the chief shares belong to an innumerable company of workers, known and unknown.

H. E.


THE CRIMINAL.

CHAPTER I.

INTRODUCTION.

Of criminals, actual or nominal, there are many kinds. It is necessary, first of all, to enumerate the chief varieties.

There is the political criminal. By this term is meant the victim of an attempt by a more or less despotic Government to preserve its own stability. The word “criminal” in this expression is usually a euphemism to express the suppression of a small minority by the majority. The aims of the “political criminal” may be anti-social, and in that case he is simply an ordinary criminal, but he is not necessarily guilty of any anti-social offence; he simply tries to overturn a certain political order which may itself be anti-social. Consequently the “political criminal” of our time or place may be the hero, martyr, saint, of another land or age. The political criminal is, as Lombroso calls him, “the true precursor of the progressive movement of humanity;” or, as Benedikt calls him, the homo nobilis of whom the highest type is Christ. From any scientific point of view the use of the word crime, to express a difference of national feeling or of political opinion, is an abuse of language. Such a conception may be necessary to ensure the supremacy of a Government, just as the conception of heresy is necessary to ensure the supremacy of a Church; the prison for political dissentients corresponds to the stake for religious dissentients. A criminality which is regulated partly by chronology, partly by longitude, does not easily admit of scientific discussion.

We have, again, the criminal by passion. He is usually a man of wholesome birth and of honest life, possessed of keen, even exaggerated sensibilities, who, under the stress of some great, unmerited wrong, has wrought justice for himself. Stung to sudden madness by some gross insult to his wife or wrong to his daughter, he makes an attempt on the life of the offender. The criminal by passion never becomes a recidivist; it is the social, not the anti-social, instincts that are strong within him; his crime is a solitary event in his life. Therefore he cannot figure as a serious danger to society; in some respects he serves even to quicken the social conscience and to check anti-social instincts. At the same time it is not to the advantage of society that a private individual should in a moment of passion even wreak justice; and the criminal by passion cannot complain that he in his turn becomes the victim of a social reaction.

We have also the insane criminal; that is to say, the person who, being already in a condition of recognisable mental alienation, performs some flagrantly anti-social act. A very large number of crimes are committed by persons who are impelled by delusions, or who have, before the commission of the crime, been in a condition of mental alienation. Nearly a hundred persons every year in this country are sent to prison to be found insane on admission. The hanging of persons who are afterwards generally regarded as insane has always, and is still, frequently carried on. In Germany Dr. Richter has shown that out of 144 lunatics who were, as was afterwards shown, at the date of their crimes in the highest degree insane, only 38 were recognised as insane before the judge—i.e., 106 madmen were, on account of their madness, condemned to severe punishment. Out of 100 insane persons brought to the bar of justice only 26 to 28 are recognised as insane.[1] The insane criminal is clearly in a category of his own. He is only a criminal in the same sense as an infant or an animal who performs some noxious act. The lunatic may be influenced by the same motives that influence the sane person, but he is at the same time impelled by other motives peculiar to himself, and to which we may have no means of access. To bring all the solemn formalities of law to bear against a madman, and to condemn him to severe punishment, is in a civilised country unreasonable.

The political criminal may usually be recognised without difficulty when we lay aside political prejudice; the criminal by passion can be recognised at once when we know his history. There is not usually much difficulty in ascertaining the insanity of the criminal who is insane in the strict and perhaps the only legitimate sense of the word—i.e., intellectually insane. But at this point we are no longer able to proceed with quite the same clearness and certainty. We are approaching the criminal in the proper sense, the criminal with whom we shall be chiefly concerned.

The uncertainty on this borderland may be illustrated by the following case. W. T. is a boy of fifteen, a very small ugly-looking lad, with a small head, low in the forehead, larger in the back, high narrow palate, heavy sullen aspect, and slight external squint of left eye. His father and mother are healthy and sober people; one of the father’s uncles died in an asylum, and one of his aunts committed suicide. The boy had convulsions at the age of eighteen months, and was very backward in walking and speaking; at the age of twelve he could not dress himself. At school he was very dull, apt to strike his companions if roused, solitary, fond of reading, but not remembering what he had read. His schoolmaster, an experienced teacher, had never known so peculiar a boy. But he was not a bad or untruthful lad, and had no vices. When he left school his father tried to teach him his own trade of shoemaking; but, though he had no special distaste for the work, he could not learn even the most elementary part of the trade. Other boys made fun of him, and he complained of his little sister, ten years of age, doing the same. One day, when he had been left quietly sitting alone with this sister, he took up his father’s hammer, which was at his feet, and struck her, smashing in her skull. Then he locked the back door, as he always did on leaving home, and went out, closing the front door after him. He returned in an hour, wet from the rain which had begun to fall. He was taken to prison, and from the first displayed no emotion; he ate and slept well, and was a good, docile boy. The judge who tried him (Lord Coleridge) was evidently in favour of a verdict of manslaughter. The jury fell in with this suggestion, although the authority of Dr. Savage was in favour of insanity, and the boy was condemned to ten years’ penal servitude.[2] Such a case shows very well the inaccuracy of our hard and fast lines of demarcation. Here was a person clearly of abnormal or degenerate character, and liable to sudden violent impulses; he would nowhere be popularly recognised as insane, and possibly it is not desirable that he should be so recognised. On the other hand, he cannot correctly be termed an instinctive criminal; he is on the borderland between the two groups, and a touch may send him in either direction.

Let us take another illustration. Miss B., nineteen years of age, the daughter of a captain in the army, is described as a tall robust-looking girl of lively temperament. When a few months old she had an attack of meningitis. As a child she was always wilful and troublesome. When she was eighteen years old she developed new instincts of mischief. She would sometimes take off her clothes, stuff them up the chimney, and set fire to them. When the servants rushed in she would be sitting on the hearth clapping her hands: “What a fine blaze!” She had frequently destroyed furniture, clothing, and books; she liked to cut carefully the strings binding a book, so that it would fall to pieces in the hands of the unsuspecting person who took it up. She drenched a baby, and frequently her own room, with water, without any reason. She once attempted to throttle the attendant in whose care she was put. She was backward for her age, though her education had not been neglected; she could not keep accounts, and was fond of reading children’s books. There was a history of bad sexual habits, and she had a propensity to fall in love with every man she saw. She was perfectly coherent and rational, and accused others of doing the mischievous acts attributed to her. After being sent to a clergyman’s house for some months she eventually recovered.[3] Here there was, strictly speaking, no insanity; there were vicious and criminal instincts which would no doubt have developed had the girl been sent to prison instead of to a comfortable home, and there was (as there very frequently is among instinctive criminals) a history of brain mischief. How shall we classify her?

Let us take another example—this time from France—in which the pathological element does not clearly appear. A gentleman named X., the French paper informs us, has been passing the summer at his country house with his daughter, aged twenty-two, and his son, aged twenty. From the moment of his arrival devastations occurred everywhere on his property. The shrubs were cut; garden plants and large branches of the birch trees removed; the doors and walls of the house were soiled. The grounds and dwellings of other persons in the neighbourhood were similarly treated. Windows were broken; the emblems of religion were outrageously insulted; the walls and doors of the church, the priest’s house, and even the altar, were soiled with ordure. A drawing of the priest administering the sacrament to a cow was found on the walls, and obscene letters, containing also menaces of death and incendiarism, were received by M. X., the priest, and others. Terror overspread the parish, and no one dared to go out by night. At last M. X.’s son and daughter were discovered in the act. Alexis, the least guilty, having been drawn on by his sister, confessed his part in what had been done; he was the accomplice and confidant of his sister. She denied everything, even that she had aided her brother. There was no motive for these acts, save the pleasure of spreading terror through the country; they had had no intention of accomplishing their threats. The girl carried her impudence and imprudence so far as to send an insulting letter to the magistrate who was investigating her misdeeds, and to break windows, unperceived, in his presence.[4] This is an example of moral perversity, showing itself in malevolent and unsocial acts. Possibly, if we possessed a scientific history of the case, we might find a pathological element in it, but as it stands it is but an extravagant example of anti-social instincts, on the borderland of crime, which in a minor degree are far from uncommon.

I will now give, in some detail, the history of a more decisive and significant example of this same moral insensibility. It is in a child, and I take it from German records. Marie Schneider, a school-girl, twelve years of age, was brought before the Berlin Criminal Court in 1886. She was well developed for her age, of ordinary facial expression, not pretty, nor yet ugly. Her head was round, the forehead receding slightly, the nose rather small, the eyes brown and lively, the smooth, rather fair hair combed back. With an intellectual clearness and precision very remarkable for her age, she answered all the searching questions put by the President of the Court without hesitation or shrinking. There was not the slightest trace of any inner emotion or deep excitement. She spoke in the same quiet equable tone in which a school-girl speaks to her teacher or repeats her lesson. And when the questions put to her became of so serious a character that the judge himself involuntarily altered his voice and tone, the little girl still remained self-possessed, lucid, childlike. She was by no means bold, but she knew that she had to answer as when her teacher spoke to her, and what she said bore the impress of perfect truth, and agreed at every point with the evidence already placed before the court. Her statement was substantially as follows:—“My name is Marie Schneider. I was born on the 1st of May 1874, in Berlin. My father died long ago, I do not know when; I never knew him. My mother is still living; she is a machinist. I also have a younger brother. I lost a sister a year ago. I did not much like her, because she was better than I, and my mother treated her better. My mother has several times whipped me for naughtiness, and it is right that I should take away the stick with which she beat me, and to beat her. I have gone to school since I was six years old. I have been in the third class for two years. I stayed there from idleness. I have been taught reading, writing, arithmetic, geography, and history, and also religion. I know the ten commandments. I know the sixth: it is, ‘Thou shalt not kill.’ I have some playfellows at school and in the neighbourhood, and I am often with a young lady [believed to be of immoral life] who is twenty years old and lives in the same house. She has told me about her childhood, and that she was just as naughty as I am, and that she struck the teacher who was going to punish her. Some time ago, in playing in the yard, I came behind a child, held his eyes, and asked him who I was. I pressed my thumbs deep in his eyes, so that he cried out and had inflamed eyes. I knew that I hurt him, and, in spite of his crying, I did not let go until I was made to. It did not give me special pleasure, but I have not felt sorry. When I was a little child I have stuck forks in the eyes of rabbits, and afterwards slit open the belly. At least so my mother has often said; I do not remember it. I know that Conrad murdered his wife and children, and that his head was cut off. I have heard my aunt read the newspapers. I am very fond of sweets, and have several times tried to get money to buy myself sweets. I told people the money was for some one else who had no small change. I know that that was deceit. I know too what theft is. Any one who kills is a murderer, and I am a murderess. Murder is punished with death; the murderer is executed; his head is cut off. My head will not be cut off, because I am still too young. On the 7th of July my mother sent me on an errand. Then I met little Margarete Dietrich, who was three and a half years old, and whom I had known since March. I said to her that she must come with me, and I took her hand. I wanted to take away her ear-rings. They were little gold ear-rings with a coloured stone. I did not want the ear-rings for myself, but to sell at a second-hand shop in the neighbourhood, to get money to buy some cakes. When I reached the yard I wanted to go somewhere, and I called to my mother to throw me down the key. She did so, and threw me down some money too, for the errand that I was to go on. I left little Margarete on the stairs, and there I found her again. From the yard I saw that the second-floor window was half open. I went with her up the stairs to the second floor to take away the ear-rings, and then to throw her out of the window. I wanted to kill her, because I was afraid that she would betray me. She could not talk very well, but she could point to me; and if it came out, my mother would have beaten me. I went with her to the window, opened it wide, and set her on the ledge. Then I heard some one coming down. I quickly put the child on the ground and shut the window. The man went by without noticing us. Then I opened the window and put the child on the ledge, with her feet hanging out, and her face turned away from me. I did that because I did not want to look in her face, and because I could push her easier. I pulled the ear-rings out. Grete began to cry because I hurt her. When I threatened to throw her out of the window she became quiet. I took the ear-rings and put them in my pocket. Then I gave the child a shove, and heard her strike the lamp and then the pavement. Then I quickly ran downstairs to go on the errand my mother had sent me. I knew that I should kill the child. I did not reflect that little Grete’s parents would be sorry. It did not hurt me; I was not sorry; I was not sorry all the time I was in prison; I am not sorry now. The next day a policeman came to us and asked if I had thrown the child out of the window. I said no, I knew nothing about it. Then I threw away the ear-rings that I had kept hid; I was afraid they would search my pockets and find them. Then there came another policeman, and I told him the truth, because he said he would box my ears if I did not tell the truth. Then I was taken away, and had to tell people how it happened. I was taken in a cab to the mortuary. I ate a piece of bread they gave me with a good appetite. I saw little Grete’s body, undressed, on a bed. I did not feel any pain and was not sorry. They put me with four women, and I told them the story. I laughed while I was telling it because they asked me such curious questions. I wrote to my mother from prison, and asked her to send me some money to buy some dripping, for we had dry bread.” That was what little Marie Schneider told the judge, without either hesitation or impudence, in a completely childlike manner, like a school-girl at examination; and she seemed to find a certain satisfaction in being able to answer long questions so nicely. Only once her eyes gleamed, and that was when she told how in the prison they had given her dry bread to eat. The medical officer of the prison, who had watched her carefully, declared that he could find nothing intellectually wrong in her. She was intelligent beyond her years, but had no sense of what she had done, and was morally an idiot. And this was the opinion of the other medical men who were called to examine her. The Court, bearing in mind that she was perfectly able to understand the nature of the action she had committed, condemned Marie Schneider to imprisonment for eight years. The question of heredity was not raised. Nothing is known of the father except that he is dead.[5]

Marie Schneider differs from the previous cases, not merely by her apparent freedom from pathological elements, but by her rational motives and her intelligence. The young French woman intended nothing very serious by her brutal and unfeeling practical jokes. Marie Schneider was as thorough and as relentless in the satisfaction of her personal desires as the Marquise de Brinvilliers. But she was a child, and she would very generally be described as an example of “moral insanity.” It is still necessary to take a further step, although a very slight one, to reach what every one would be willing to accept as an instinctive criminal. The example I will select is an Englishman, Thomas Wainewright, well known in his time as an essayist, much better known as a forger and a murderer. R. Griffiths, L.L.D., Wainewright’s maternal grandfather—to take his history as far back as possible—was an energetic literary man and journalist, whose daughter, Ann, born of a young second wife when he was well past middle life, “is supposed to have understood the writings of Mr. Locke as well as perhaps any person of either sex now living” (said the Gentleman’s Magazine) and who married one Thomas Wainewright, and died in child-bed at the age of twenty-one, the last survivor, even at that age, of the second family. Thomas Wainewright, the father, himself died very soon afterwards. Of him nothing is known, though there is some reason to think that Dr. Griffiths regarded him with dislike or suspicion.

The child seems then to have been born of a failing and degenerating stock. He was clever, possessed of some means, and grew up in a literary and artistic circle; but he was vain and unstable, “ever to be wiled away,” as he says himself, “by new and flashy gauds.” When still a lad, he went into the army for a time. Then, after a while, being idle in town, “my blessed Art touched her renegade; by her pure and high influences the noisome mists were purged,” and he wept tears of happiness and gratitude over Wordsworth’s poems. “But this serene state was broken,” he wrote, several years before his career of crime had commenced, “like a vessel of clay, by acute disease, succeeded by a relaxation of the muscles and nerves, which depressed me

—‘low
As through the abysses of a joyless heart
The heaviest plummet of despair could go,’—

hypochondriasis! ever shuddering on the horrible abyss of mere insanity! But two excellent secondary agents—a kind and skilful physician, and a most delicately affectionate and unwearied (though young and fragile) nurse—brought me at length out of those dead black waters, nearly exhausted with so sore a struggle. Steady pursuit was debarred me, and varied amusement deemed essential to my complete revivification.” Then he began to write his essays and criticisms, dealing chiefly with the later Italian and the French artists, under the name of Janus Weathercock. He was a man of many sentimentalities and super-refinements; he hated all vulgarity and “sordid instincts.” His tastes were sensual in every respect. Notwithstanding his means, they were not sufficient to satisfy his desires for luxurious foods and drinks, for fine perfumes, for large jewels to wear. He could not live without luxuries, just as little Marie Schneider could not live without sweets. At about the date that his chief literary activities ceased, and when he was about thirty years of age, he forged a power of attorney with the names of his trustees, assigning to himself the principal of £5000, of which he was enjoying the interest. This was then a capital offence; it remained undetected for twelve years. He is described at this time as “a smart, lively, clever, heartless, voluptuous coxcomb.” He was tall, stooping slightly, of dark hair and complexion, deeply set eyes, stealthy but fascinating, a large and massive head. He married a young lady who was poor, but a gay and brilliant person, and she had a widowed mother and two half-sisters. The young couple lived improvidently, and an uncle, Mr. G. E. Griffiths, who was well off, offered them a home in his own house. This welcome offer was accepted. A year after, Mr. G. E. Griffiths, after a short illness, died very unexpectedly, leaving his mansion and property to his nephew and niece. This money, however, also went rather fast; and now too there were no longer any expectations from relatives. The stepmother and her daughters, the Abercrombies, were poor, and their schemes to make a living were not successful. The Abercrombies were obliged to come and live with the Wainewrights in the large mansion they had inherited, and a very few months after this Mrs. Abercrombie died, like old Mr. Griffiths, very suddenly, in a fit of convulsions. No benefits, however, followed this death; affairs continued to grow worse, and soon the bailiffs were in the house, and there was a bill of sale on the furniture. The Wainewrights and Abercrombies migrated to handsome lodgings in Conduit Street, near Regent Street. They frequently went to the play, and one night, very soon after their arrival, Helen Abercrombie, who wore the thin shoes that women then always wore, got her feet wet, became ill, and was assiduously attended by Wainewright and his wife, who held frequent consultations as to her treatment by means of certain powders; in a few days she was dead, with the same symptoms as her mother, the same symptoms as Mr. Griffiths—“brain mischief,” the doctor called it. She died on the very day on which the bill of sale became due, and after her death it was found that her life had, during the same year, been insured, in various offices, for £18,000. Helen Abercrombie was a beautiful and very healthy girl, and her death led to suspicions, and gave rise to law-suits, which on the slighter but definite ground of misrepresentation were in favour of the companies. In the meanwhile Wainewright found it convenient to leave England (he had separated from his wife after the death of Helen Abercrombie), and took refuge with a rather impecunious gentleman who lived with his daughter at Boulogne. He persuaded this gentleman to obtain money to effect a loan by insuring his life. One night, after the policy had been effected, this gentleman suddenly died. We next hear of Wainewright travelling in France, doubtless for excellent reasons, under an assumed name. He fell into the hands of the police, and not being able to give a good account of himself, was imprisoned for six months. The French police found that he carried about with him a certain powder, at that time little known, called strychnine; this was put down to English eccentricity. At this time there was a warrant out against Wainewright for forgery; he was lured over to England by a detective, with the aid of a woman, and arrested. He was tried for forgery, and condemned to transportation for life. At the same time the suspicions of the doctor who attended Helen Abercrombie were roused, and Wainewright himself, after his condemnation, admitted to visitors, with extraordinary vanity and audacity, his achievements in poisoning, and elucidated his methods. It is also said that he kept a diary in which he recorded his operations with much complacency. The one thing that hurt little Marie Schneider was the dry bread; the one thing that moved Wainewright was being placed in irons in the hold of the ship. “They think me a desperado! Me! the companion of poets, philosophers, artists, and musicians, a desperado! You will smile at this—no, I think you will feel for the man, educated and reared as a gentleman; now the mate of vulgar ruffians and country bumpkins.” At Hobart Town on two occasions he endeavoured to remove by poison persons who had excited his animosity. He is described at this time by one who knew him well as “a man with a massive head, in which the animal propensities were largely developed. His eyes were deeply set in his head; he had a square solid jaw; he wore his hair long, stooped somewhat, and had a snake-like expression which was at once repulsive and fascinating. He rarely looked you in the face. His conversation and manner were winning in the extreme; he was never intemperate, but nevertheless of grossly sensual habits, and an opium-eater. As to moral character, he was a man of the very lowest stamp. He seemed to be possessed by an ingrained malignity of disposition which kept him constantly on the very confines of murder, and he took a perverse pleasure in traducing persons who had befriended him. He was a marked man in Hobart Town—dreaded, disliked, and shunned by everybody. His sole living companion was a cat, for which he evinced an extraordinary affection.” He died of apoplexy in 1852, at the age of fifty-eight.[6] Wainewright presents to us a perfect picture of the instinctive criminal in his most highly developed shape, fortunately a rare phenomenon. It is this instinctive propensity to crime which is sometimes called “moral insanity.” This is, however, by no means a happy phrase, since it leads to much fruitless disputation. It is wiser at present to apply to such an individual the more simple term, instinctive criminal.[7] There is, however, distinct interest in noting that at one period of his life Wainewright was on the verge of insanity, if not, as is more likely, actually insane; it is extremely probable that he never recovered from the effects of that illness. It may well be that if we possessed a full knowledge of every instinctive criminal we should always be able to put our hands on some definite organically morbid spot.

The instinctive criminal, in his fully developed form, is a moral monster. In him the absence of guiding or inhibiting social instincts is accompanied by unusual development of the sensual and self-seeking impulses. The occasional criminal, as he is usually called, is a much commoner and more normally constituted person. In him the sensual instincts need not be stronger than usual, and the social elements, though weaker than usual, need not be absent. Weakness is the chief characteristic of the occasional criminal; when circumstances are not quite favourable he succumbs to temptation. Occasional crime is one of the commonest forms of crime; it is also that for whose existence and development society is most directly responsible; very often it might equally well be called social crime. Here is an example. Two lads of honest life, the sons of agricultural labourers, being unable to obtain a scanty subsistence at home, start one day in a fit of desperation for a distant town in search of work. Without food or shelter, sleeping under a hedge, they reach a farm-house. Looking through a window they see a plum-pudding; they open the window, seize the pudding, and go a few yards off to devour it. In a few hours they are on the way to the lock-up, to receive, later on, a sentence of six months’ imprisonment. “At the close of it they were provided with an outfit and an introduction to an employer of labour in Canada; and when we last heard of them they were doing extremely well, with excellent prospects before them.”[8] This sequel (which would have been better had it come before the seizure of the plum-pudding) proves that we are not dealing with instinctive criminals. Take another case mentioned by the same writer. A woman with a drunken husband who spends his last penny in the public-house, is driven by actual starvation to commit her first crime. She steals a small piece of meat to feed her hungry children. She is sent to prison. “We heard of her afterwards leading a most consistent and almost saintly life.” These persons, it is clear, were not the criminals but the victims; society was the criminal. Now and then, as in the cases just cited, it happens that the occasional criminal who is thus recklessly flung into prison is assisted to live a human life. In the great majority of cases he is ruined for life, familiarised with the prison, introduced to bad company. We have, as well as we are able, manufactured him into what is called the habitual criminal.

The steps by which the occasional criminal, aided on the one hand by neglect, on the other by the hot-bed of the prison, develops into the habitual criminal are slow and subtle; that is one of the tragedies of life. M. Joly has recorded the experiences of the police concerning the thefts that take place at the great Parisian shops, the Louvre, and the Bon-Marché. “This is the beginning. From a gallery one sees a woman—rich or well-to-do-who buys a certain number of objects and pays for them; but without asking permission she takes some little, almost insignificant object—a little ribbon to fasten a parcel, a more commodious paper-bag. No one will say that she is stealing; no one will think of speaking to her or disturbing her. But she is observed and even watched, for one expects to see her again some time after taking, as she walks along, say, a flower worth twenty-five centimes. A little later she will appropriate an article of greater value, and henceforth she will take for the pleasure of taking. The inclination, which at the beginning had in it nothing instinctive or fatal, will grow as all habits grow. Another time a woman who had no intention of stealing, but whose conscience is probably elastic, grows impatient at the delay in attending to her wants. It is, let us suppose, a purse worth ninety-five centimes, and the shopman is busy with purchasers of more expensive objects. Suddenly the woman nervously yields to a swift temptation; she does not wish to wait longer, but instead of replacing the purse on the counter she slips it into her pocket and turns on her heels without paying. ‘From that moment,’ said the inspector, ‘she is lost; she will come back to steal, but she will steal intentionally and deliberately.’”[9]

The world and the criminal’s friends are startled some day by a great crime, but that crime is linked on to a chain of slight, occasional, sporadic vices and offences. Sometimes we can trace out these links. Barré and Lebiez were two young French criminals who attracted attention some years ago. They were both of good family, both very intelligent, the former about to enter on a commercial life, the latter on the eve of becoming a doctor of medicine. At this point they murdered an old woman to rob her, and cut up the body to dispose of it. The crime was deliberate and carefully prepared; there was nothing romantic or obviously morbid about it, and a few days after the crime Lebiez delivered an able and eloquent lecture on Darwinism and the Church. In each of these young men there were, M. Joly observes, nine stages in the path of crime. Let us first note those of Barré:—1. His employer is obliged to dismiss him on account of misconduct with a servant girl. 2. He writes untruthful letters to his family, describing habits of work which do not exist. 3. He acquires an extravagant taste for speculation on the Stock Exchange. So far his course, though not exemplary, was one that has often enough been traversed by persons who have never reached the scaffold. 4. He speculates with the savings which two girls had entrusted to him for investment. 5. To obtain money from his father, to whom he talks of establishing himself, he forges letters. 6. He embezzles various sums of money by an aggravated form of the same process. 7. He steals a watch from a prostitute’s rooms. 8. He steals eight francs from the same. 9. He decides on the murder of the old milk-woman with whom he has had business relations, and whose savings, as he knows, are considerable. Lebiez went through the following stages:—1. His violent language to his mother is remarked. 2. He is, notwithstanding very small means, known to be living with a mistress, and he procures obscene photographs. 3. On account of irregularity he is sent away from an institution where he gave lessons. 4. He speculates on the Stock Exchange, which, being poor, he could only do by accepting profit and refusing to meet loss. 5. He steals books from his friends and sells them. 6. He several times leaves his lodgings clandestinely, without paying the rent. 7. He participates in the theft of the watch by Barré. 8. He shares the profits of the second theft. 9. They decide on the murder together. Such are the slow steps by which the occasional criminal becomes the habitual criminal or the professional criminal. It must be remembered that the lines which separate these from each other, and both from the instinctive criminal, are often faint or imperceptible. “Natural groups,” as Mr. Galton remarks, “have nuclei but no outlines.” In the habitual criminal, who is usually unintelligent, the conservative forces of habit predominate; the professional criminal, who is usually intelligent, is guided by rational motives, and voluntarily takes the chances of his mode of life; while in the instinctive criminal the impulses usually appear so strong, and the moral element so conspicuously absent, that we feel we are in the presence of a natural monster. It is not, however, always possible to make these distinctions.

The professional criminal, though not of modern development, adapts himself to modern conditions. In intelligence, and in anthropological rank generally, he represents the criminal aristocracy. He has deliberately chosen a certain method of earning his living. It is a profession which requires great skill, and in which, though the risks are great, the prizes are equally great.[10]

Lacenaire, a famous criminal of the beginning of the century, has sometimes been regarded as the type of the professional criminal, and to complete this classificatory outline it may be well to sketch his career. He was born at Lyons about the beginning of the century, received a good average education, and was very intelligent, though not distinguishing himself at college. He was ambitious and, at the same time, incapable of sustained work. He came to Paris to study law; but his father’s resources were inadequate, and he became a clerk, frequently changing his situation, growing tired of work at length, and engaging as a soldier. So far no offence is recorded. When he returned to France his father, become bankrupt, had fled. Some friends came to the young man’s help, and gave him 500 francs. He hastened to Paris and spent it in enjoyment. Then he entered the literary Bohemia, and wrote verses and political articles, fighting a duel with a nephew of Benjamin Constant and killing him. He said, later on, that the sight of his victim’s agony had caused him no emotion. Soon his love of enjoyment outran his means of getting money, though these might have been considerable had he cared to work steadily, and he obtained money by theft and swindling. Condemned to prison, he soon formed connections with professional criminals, and associated them in his schemes and joined them in their orgies. He adopted false names, multiplied forgeries and disguises, and preyed actively on society. After an orgy at this time he committed a murder, and he attempted to murder a man who had won a large sum from him in gambling. The crime and the attempt both remained unpunished. Gifted with intelligence, and still more with vanity and audacity, Lacenaire continued his career of systematic crime until finally he met the guillotine. He was a professional criminal, but also, it will be seen, he was something of an habitual, something of an instinctive criminal.[11]

We have glanced briefly at the circles of crime—circles that extend from heaven to very murky depths of hell, and that yet are not far from any one of us. It is still necessary to touch on the various ways in which the causes and nature of this vast field of crime may be approached.

There are, first, the cosmic causes of crime; that is to say, all the influences of the external inorganic world, the influence of temperature on crime, the increase of crimes of violence in hot weather, the periodicity of other kinds of crime, the influence of climate, the influence of diet.

Then there is the biological factor. Under this head we include the consideration of all the personal peculiarities of the individual, anatomical, physiological, psychological. These peculiarities may be atavistic, atypic, or morbid.

Lastly, there is the social factor in crime. Criminal sociology deals with the production of crime by social influences, and by economic perturbations. Infanticide is nearly always related to the social factor; and the study of the various social influences which promote or hinder infanticide is extremely instructive. The relations between crimes against the person and the price of alcohol, and between crimes against property and the price of wheat, also belong to this department of the study of crime. Society prepares crimes, as Quetelet said; the criminal is the instrument that executes them. “The social environment,” Lacassagne has well said, “is the cultivation medium of criminality; the criminal is the microbe, an element which only becomes important when it finds the medium which causes it to ferment: every society has the criminals that it deserves.”

It is impossible to over-estimate the importance of the social factor in crime. To some extent it even embraces the others, and can be made to regulate and neutralise them. But we cannot deal wisely with the social factor of crime, nor estimate the vast importance of social influences in the production or prevention of crime, unless we know something of the biology of crime, of the criminal’s anatomical, physiological, and psychological nature. This book is concerned with the study of the criminal man.


CHAPTER II.

THE STUDY OF THE CRIMINAL.

When Homer described Thersites as ugly and deformed, with harsh or scanty hair, and a pointed head, like a pot that had collapsed to a peak in the baking—

ἄισχιστος δὲ ἀνὴρ ὑπὸ Ἴλιον ἦλθεν.
φολκὸς ἔην, χωλὸς δ’ ἕτερον πόδα. τὼ δέ οἱ ὤμω
κυρτώ, ἐπὶ στῆθος συνοχωκότε. αὐτὰρ ὕπερθεν
φοζὸς ἔην κεφαλὴν, ψεδνὴ δ’ ἐπενήνοθε λάχνη

—he furnished evidence as to the existence of a criminal type of man. These physical characters of Thersites are among those which in these last days have been submitted to scientific observation, and to statistics, and have been largely justified. The epigrammatic utterances in which primitive peoples crystallise and pass on their philosophy and science, include many sayings which prove the remote period at which men began to perceive the organic peculiarities which separate the criminal man from the average man. There are some proverbs of this character, such as those indicating the widespread dislike of the red-haired, for which no solid justification has yet been found; but among various races, and in many countries, numerous proverbs are in harmony with the results of modern research: A vultu vitium, the old Roman saying; Au vis [visage] le vice, the old French saying; “Salute from afar the beardless man and the bearded woman;” “Distrust the woman with a man’s voice;” “A pale face is worse than the itch.” Such are a few that might be easily increased.

At a very early period such popular generalisations as these were embodied in that empirical science of physiognomy, which found many professors among the Greeks and Romans. According to the well-known story, a Greek physiognomist who examined Socrates’ face judged that the philosopher was brutal, sensuous, and inclined to drunkenness; and Socrates declared to his disciples that such, although he had overcome it, was his natural disposition. He was himself a physiognomist; he disliked a certain man who was of pale and dark complexion, such signs, he said, indicating envy and murder; the peculiar dark and pallid complexion of the instinctive criminal has of late years been frequently noted.

Aristotle, that great master of all the sciences, clearly recognised not merely the physiognomic signs of habits, vices, and crimes, including many signs that are in accordance with modern scientific observation, but he also observed a connection between the shape of the head and the mental disposition, and he recognised the hereditary character of vicious and criminal instincts. Galen, who inaugurated the experimental study of the brain, adopted the views of Aristotle, and pointed out the influence of the abuse of alcohol in the production of crime; he was of opinion, also, anticipating a modern doctrine, that when the criminal is a criminal by nature he ought to be destroyed, not in revenge, but for the same reason that scorpions and vipers are destroyed.[12]

Although these feeble beginnings of criminal anthropology received the sanction of the highest scientific authorities, as well as of the people, and later on a mediæval law declared that if two persons fell under suspicion of crime the uglier or more deformed was to be regarded as more probably guilty, they were not universally admitted, and some, like Pliny, regarded it as absurd that the outward form could indicate the inward disposition. Whatever art or science there was in the matter was left, then and long after, to the physiognomists, of whom Polemon may be taken as a distinguished example, and these were ready to supply the most elaborate physical signs to correspond to any vicious or criminal disposition. Polemon wrote of the criminal that he was of pallid complexion, with long hair, large ears, and small eyes, and he proceeded to give the characteristics of various classes of criminals, his observations often showing keen insight. This pseudo-science was passed on from physiognomist to physiognomist, usually with added absurdities, until in the sixteenth century we reach the Neapolitan Dalla Porta, at once the greatest (and except Lavater the last) of the physiognomists of the old school and the first of the new. He treated judicial astrology with contempt, and at the same time wrote a treatise of celestial physiognomy; he gathered up all that his predecessors had done, and at the same time laid the foundations of a more scientific treatment.

Passing by Lavater, with his fine intuition and genial humanity, which formed, however, no epoch in the scientific study of criminal anthropology, at the beginning of the present century we reach Gall, a very great figure in the history of science, and the representative of the most important moment in the development of our knowledge of the brain.

Before speaking of Gall, however, it is necessary to give a word, in passing, to Grohmann, who slightly preceded him, and who anticipated many of the conclusions relative to facial and cranial characteristics reached by modern criminal anthropologists. Thus, in 1820, he wrote:—“I have often been impressed in criminals, and especially in those of defective development, by the prominent ears, the shape of the cranium, the projecting cheek-bones, the large lower jaws, the deeply-placed eyes, the shifty, animal-like gaze.”

Gall thrust aside for ever the credulous fancies of the physiognomists; and he has been described, not altogether without reason, as the founder of the modern science of criminal anthropology. He was certainly its most brilliant pioneer. Lavater believed in the homogeneity of the human organism, but he was not a man of science, and he had been content to study the surface of the body; Gall, with true scientific instinct, tried to get to the root of the matter; following the great English anatomist, Willis, who had made some attempt at cerebral localisation, he studied the brain, sought to differentiate the functions of its various parts, and the effects of its varying development on the skull.

For Gall the varying development of the brain was the cause of the divergent mental and moral qualities of the individual; he was firmly convinced that all the facts of psychical life are rooted in the physical organisation; he wished to write the natural history of every primitive moral and intellectual force, in health as well as in disease. To the best of his ability he carried out this programme in detail, by an unceasing study of all the varieties of the brain and of the living head that he could find; he pursued his studies throughout Europe, in lunatic asylums and in prisons, as well as among the ordinary population, and he foresaw the extent of the applications of the science he was opening up to medicine and to law, to morality and to education. While his work extended far beyond the borders of what we should now call criminal anthropology,[13] he devoted much attention to the problems of the criminal organisation, and even to its varieties, many of his observations according well with the results of recent investigation. More than this, following Galen and Diderot (who had written, fifty years earlier, “The evil-doer is one whom we must destroy, not punish”), he clearly advocated a method of dealing with the criminal which is now widely regarded as the only right and reasonable method. “There can be no question,” he said, “of culpability or of justice in the severe sense; the question is of the necessity of society preventing crime. The measure of culpability and the measure of punishment cannot be determined by a study of the illegal act, but only by a study of the individual committing it.” In his great work, Les Fonctions du Cerveau (1822), Gall has summed up his conclusions.

It has been the misfortune of this great and truly scientific investigator to give origin to an empiric art of phrenology which took the place of the old art of physiognomy he had done so much to destroy. He has consequently, until recent years, been popularly known chiefly by his mistakes, especially perhaps by his localisation of the sexual instinct in the cerebellum—a localisation, however, which he supported by a large body of evidence. The influence of dubious phrenological doctrines hardened into a system somewhat impairs the value of Lauvergne’s Les Forçats (1841), which seems to have been the first book of any importance devoted entirely to the study of convict nature, physical, moral, and intellectual. Lauvergne, who was the chief medical officer to the hospital for convicts at Toulon, appears to have been a man of humanitarian instincts, whose wit and bonhomie enabled him to maintain friendly relations with the criminals he was studying; he had little capacity for scientific analysis, but he wrote fully of what he had seen and known, and his book contains many keen observations which have been since verified. He fully recognises also the importance of the social factor in the production of criminals.

Lauvergne had observed how many of his subjects were insane or diseased; the students of the criminal who followed him all insisted on the pathological element. Dally maintained that the criminal and the lunatic are identical, and both equally irresponsible. Prosper Lucas, in his valuable Traité philosophique de l’hérédite (1847), showed how deeply rooted in the organism are the morbid tendencies of crime. Lélut compared the length and breadth of head in criminals. Voisin noted their defects in cerebral organisation. It was, however, Morel who, in his Des Dégénérescences (1857), chiefly developed this aspect of criminality, and his influence is still strong among French students of the criminal. Morel regarded crime as one of the forms taken on by degeneration in the individual or the family; and degeneration he defined as “a morbid deviation from the normal type of humanity.” The causes of degeneration which he recognised were intoxications, famines, social environment, industries, unhealthy occupations, poverty, heredity, pathological transformations, moral causes. “My principal aim,” he says, “has been the study of these causes, and of the influences which they exercise, firstly on the constitution of individuals, and afterwards on that of their descendants.” Among these causes he gives a chief place to the manifold effects on the children of alcoholism in the parents. In his pamphlet De la Formation du Type dans les variétés dégénérés (1864), Morel proposed to give the name of morbid anthropology to “that part of the natural science of man, the aim of which is to study the characters due to certain special diseased influences, as well as to hereditary transmissions of bad nature.”

Despine, by his great work, Psychologie Naturelle (1868), made a new and important step in criminology. Leaving aside the study of the criminal’s physical nature, he sought to make an exhaustive study of his mental nature. No one has done more than Despine to prove that what we should now call the instinctive criminal is, on the psychological side, a natural anomaly, a mental monstrosity. He brought into clear relief the unforeseeing imprudence, the entire lack of moral sensibility and of remorse, which characterise the instinctive criminal. He recognised that the criminal is not necessarily an insane or diseased person, and he showed that his abnormality is not of the kind that intellectual education can remedy. “No physiologist,” he said, “has yet occupied himself with the insanity of the sane;” he considered the criminal as “morally mad,” and therefore irresponsible. Maudsley, from an opposite philosophic standpoint, came to very similar conclusions. Without bringing any fresh contribution of importance, he re-affirmed emphatically the conclusions already reached. Speaking in his Responsibility in Mental Disease (1872) of instinctive criminals, he remarks, “It is a matter of observation that this criminal class constitutes a degenerate or morbid variety of mankind, marked by peculiarly low physical and mental characteristics.” Like Despine, he drew from this the conclusion, since widely accepted, that the criminal, being morally insane and usually incurable, should be treated in the same way as the intellectually insane person. “If the matter be considered deeply, it may appear that it would, perhaps, in the end make little difference whether the offender were sentenced in anger and sent to the seclusion of prison, or were sentenced more in sorrow than in anger, and consigned to the same sort of seclusion under the name of an asylum. The change would probably not lead to an increase or to a decrease in the number of crimes committed in a year.” An artist as much as a man of science, master of a sombre and weighty style, illumined by vivid flashes of imagination, Maudsley by his numerous works popularised the new ideas, and is justly regarded abroad as a pioneer of criminal anthropology.

Broca, who, by initiating the Anthropological Society of Paris in 1859, has been regarded as the founder of the modern science of anthropology, gave attention also to the special science of criminal anthropology by noting the peculiarities of the skulls and brains of criminals. At the Exeter meeting of the British Association in 1869, Dr. G. Wilson read a paper on “The Moral Imbecility of Habitual Criminals as exemplified by cranial measurements.” He had measured 464 heads of criminals, and found that habitual thieves presented well-marked signs of insufficient cranial development, specially anteriorly. “The cranial deficiency,” he observed, “is associated with real physical deterioration. Forty per cent. of all the convicts are invalids, more or less; and that percentage is largely increased in the professional thief class.” He argued that a prisoner must be treated on reforming principles, and not allowed unrestricted liberty until there was reasonable evidence to show that he would not prove dangerous to society. About the same time, also (in 1870), J. Bruce Thomson, Resident-Surgeon to the General Prison for Scotland at Perth, published in the Journal of Mental Science a summary of his observations on over 5000 prisoners. From the decisiveness of his utterances and the large number of prisoners of whom he was able to speak, this summary gave a stimulus to the study of the criminal throughout Europe. Thomson enumerated some of the physical characteristics of the instinctive criminal now generally recognised, pointed out the semi-imbecility prevalent among the juvenile criminals under his observation, the frequency of accumulated morbid appearances at post-mortem examinations, and the large proportion of cases at Perth needing treatment for mental diseases soon after admission, “apparently from congenital causes.” Thomson’s facts and opinions were too curtly, and, probably, too emphatically stated. Dr. Nicolson, writing also in the same journal from 1873 to 1875, dealt with the morbid psychology of the criminal, the unstable, emotional element in him, his proneness to delusions, his insensibility, and his weak-mindedness. Dr. Nicolson’s papers, all written before the latest and most fruitful era of criminal anthropology began, were, so far as I have been able to trace, the latest original contributions from the scientific side made in England to the study of the criminal. Such knowledge as has been furnished since has come from writers who have, almost of necessity, dealt with what may be called the mental and social symptomatology of criminals. Among the books which supply more or less valuable or interesting information of this kind may be mentioned the Rev. J. W. Horsley’s Jottings from Jail, Michael Davitt’s Leaves from a Prison Diary, and the Scenes from a Silent World, by a Prison Visitor, which appeared in Blackwood’s Magazine during 1889. An earlier book of this class, Mayhew’s London Labour and the London Poor (vol. iv.), is perhaps still the most valuable.

Italy is to-day the home of criminal anthropology, and not of criminal anthropology only, but of all the sciences that are connected with crime and the criminal; the Zanardelli criminal code, which has recently become law, while by no means entirely satisfactory from the scientific point of view, shows the influence of the new movement. In this respect Italy remains true to traditions that are two thousand years old; in the sixteenth century Italy was still the centre of studies in penal law, and, to keep to modern times, it is enough to mention the great names of Beccaria, and, still more recently, Romagnosi. It was under the auspices of Beltrani-Scalia, well known in connection with prison reform, that the earlier Italian studies in criminal anthropology were published, from 1870 onwards, in the Rivista delle discipline carcerarie, a journal which continues to publish valuable monographs. In this journal Lombroso published, in 1872, the results of some investigations which he had made on prisoners at Padua.

Professor Cesare Lombroso, of Turin, occupies a position of such importance in the development of criminal anthropology that it is necessary to have a clear idea of his aims and methods and the nature of his achievement. Born in 1836, of Venetian parentage, the various and restless activities of Lombroso’s career are characteristic of the man who has been all his life opening up new paths of investigation and enlarging the horizon of human knowledge. At the age of eleven he composed romances, poems, and tragedies in the manner of Alfieri; at twelve he developed a passion for classical antiquity, and published two small works on Roman archæology. At thirteen he was attracted to the study of sociology from a linguistic point of view (chiefly, we are told, with relation to Greek, Hebrew, Chinese, and Coptic); at the same time he was drawn to natural science, being interested especially in the formation of crystals, and before entering the University he had published two books of a somewhat evolutionary character. While a student he was led, by the combined study of ancient religions and of medicine, to the subject of mental diseases. He began with studies on cretinism in Lombardy and Liguria, his conclusions being afterwards adopted by Virchow and others. In the eventful year of 1859 he became first a soldier, and afterwards a military surgeon. In 1862 he was in charge of the department of mental diseases at Pavia University, and he initiated there an institution for the insane, a psychiatric museum, and a series of researches in the application of exact methods to the study of insanity. This last attempt was at the time received with general derision; it was said that he was studying madness with a yard measure; but his methods gradually made progress, and slowly met with general adoption. After this he made some important investigations into the causes of pellagra. Called to direct the asylum at Pesaro, he reformed it, and established a journal, written and managed by the insane. He then returned to Pavia, where he continued his psychiatric work, investigated the influence of atmospheric conditions on the mind, invented an instrument to measure pain, and engaged in a great number of studies, marked by extraordinary ingenuity, patience, and insight. Even as a youth Lombroso possessed the art of divining fruitful ideas, which at the time appeared absurd to scientific men as well as to the public. Every line of investigation he took up was at the time apparently opposed to the tendency of thought, and only received general attention at a later date. This was true, to some extent, even of the great achievement of his life.

In the year 1859—perhaps the most memorable of the century—Broca, who had a decided influence on Lombroso, had inaugurated the naturalist method of treating man with the Anthropological Society of Paris. The illuminating genius of Virchow, and his prodigious energy, which has done so much for anthropology and the methods of anthropology, also had its influence on the Italian, in some respects a kindred spirit. And Darwin’s Origin of Species, published in 1859, supplied, for the first time, an indispensable biological basis, and furnished that atavistic key of which Lombroso was tempted to make at first so much use, sometimes, it must be added, so much abuse. These circumstances combined to render possible, for the first time, the complete scientific treatment of the criminal man as a human variety, while Lombroso’s own manifold studies and various faculties had given him the best preparation for approaching this great task. It was in 1859 that he first conceived this task; L’Uomo Delinquente was not, however, finally published until 1876, while the second volume only appeared in 1889.

The influence of L’Uomo Delinquente in Italy, France, and Germany seems to have been as immediate and as decisive as that of The Origin of Species. Despine’s Psychologie Naturelle, the greatest work on the criminal that had appeared before Lombroso, was partial; the criminal was therein regarded purely as a psychological anomaly. Lombroso first perceived the criminal as, anatomically and physiologically, an organic anomaly. He set about weighing him and measuring him, according to the methods of anthropology. Even on the psychological side he gained new and more exact results. He went back to the origins of crime among plants and animals, among savages and children. He endeavoured to ascertain the place of the criminal in nature, his causes, and his treatment. Lombroso’s work is by no means free from faults. His style is abrupt; he is too impetuous, arriving too rapidly at conclusions, lacking in critical faculty and in balance. Thus he was led at the beginning to over-estimate the atavistic element in the criminal, and at a later date he has pressed too strongly the epileptic affinities of crime. His weaknesses have never been spared rough handling from friendly or unfriendly hands. Thus Mantegazza, while recognising his ingegno potentemente apostolico e geniale, denies that Lombroso possesses any of the qualities of a scientific investigator, and Dr. Napoleone Colajanni, who, from the socialistic left of the movement, has, in his Sociologia Criminale (1889-90) and elsewhere, bestowed much elaborate and often valuable criticism on the centre, compares Lombroso’s indiscriminate collection of facts to Charles IX.’s famous order on St. Bartholomew’s eve: “Kill them all; God will know His own.” But his work has been so rich, so laborious, so various; it has opened up so many new lines of investigation, and has suggested so many more, that it has everywhere been received as marking a new epoch. He was, as he has himself expressed it, the pollen-conveying insect, and the new science which he fecundated has grown with extraordinary rapidity. A continuous stream of studies—from books of the most comprehensive character down to investigations into minute points of criminal anatomy or physiology—is constantly pouring forth. It is still impossible to gather up this mass of investigation, often necessarily discordant, into more than a tentative whole, but its existence is sufficient to prove the vitality of the new science. It has of course met with fierce antagonism, and Lombroso himself has declared that perhaps not one stone will remain upon another, but that if this is to be the fate of his work, a better edifice will arise in its place.

Two other Italians must be mentioned with Lombroso. Enrico Ferri, Professor of Penal Law at Rome and a Deputy in the Italian Parliament, while doing valuable work as a criminal anthropologist, has at the same time studied the social bearings of criminality in his best-known book, Nuovi Orizzonti del Diritto. He has occupied himself less with the instinctive than with the occasional criminal, and his clear and philosophic spirit has placed him at the head of criminal sociologists. Garofalo, a Neapolitan lawyer, accepting generally the conclusions reached by Lombroso and Ferri, has become the most distinguished jurist of the movement, the pioneer in that reform of law through the methods of natural science which must eventually become so fruitful. His Criminologie (the new and enlarged edition is written in French) is marked by luminous yet careful generalisation, and it contains many suggestions of wise reform. Garofalo has brought into clear relief the inadequacy of legal maxims founded on antiquated and unscientific conceptions, and he has shown that not the nature of the crime, but the dangerousness (temibilità) of the criminal constitutes the only reasonable legal criterion to guide the inevitable social reaction against the criminal. This position is now generally accepted as the legitimate outcome of the scientific study of the criminal.

Among Italian workers in the department of criminal anthropology proper, a very high place belongs to Dr. Antonio Marro, formerly surgeon to the prison at Turin. I Caratteri dei Delinquenti (1887) contains the results of a carefully-detailed and methodic examination of more than five hundred prisoners, men and women, and of over one hundred normal persons together with an investigation into their ancestry and habits. All the data are presented in tabular form, and his excellent methods and judicious moderation in drawing conclusions impart great value to his work. His exactness and impartiality have been admired even by those whose instincts and training have led them to dread the invasions of this department of science. Dr. Marro has made interesting contributions to the differentiation of various criminal types, and he has brought out very clearly the disastrous tendency to degeneration among the children of parents who have passed middle age. Other Italian studies, among many that might be mentioned, are Virgilio’s, dating from 1874, Dr. P. Penta’s elaborate studies, the various works of Zuccarelli, the energetic Neapolitan professor and editor of L’Anomalo, V. Rossi’s work, Studio sopra una Centuria di Criminali, Salsotto’s on women delinquents, and Ottolenghi’s investigations into the senses of criminals. The Archivio di Psichiatria, a rich storehouse of elaborate observations, founded in 1880, directed by Lombroso, Ferri, Garofalo, and Morselli, edited by Rossi and Ottolenghi, remains at the head of journals of criminal anthropology.

The first suggestion of an international congress of criminal anthropology arose in Italy, and dates from the year 1882, when Salvatore Tommasi published an important article in the Rassegna Critica. The first congress, that of Rome, was not, however, actually held until 1885. It was attended by all the most distinguished criminal anthropologists, criminal sociologists, and jurists of the “positive” school, chiefly Italian, French, and German, and its Actes are of great interest. The second international congress was held in August 1889, in Paris. It was of a more cosmopolitan character than the first, and of even greater interest.[14]

France has always been a laboratory for the popularisation of great ideas, and Tarde’s La Criminalité Comparée is among the best of such attempts. M. Tarde is a juge d’instruction, not an alienist or an anthropologist; he touches on all the various problems of crime with ever-ready intelligence and acuteness, and a rare charm of literary style, illuminating with suggestive criticism everything that he touches. This easily accessible little volume of the Libraire de Philosophie Contemporaine is the most comprehensive introduction for those who would go down to the città dolente by a rose-strewn path. Lacassagne, the eminent medico-legal expert of Lyons, and editor of the valuable Archives de l’Anthropologie Criminelle, stands perhaps at the head of French criminal anthropologists, although beyond his monograph, Les Tatouages, he has published little. The judicial qualities of his mind, and his power of expressing just and large conceptions in felicitous and memorable phrases, impart value to all that he writes, and his forthcoming work on the criminal man will, it is probable, for all practical purposes, supersede other works. De la Criminalité chez les Arabes, by A. Kocher, a pupil of Lacassagne’s, is a book of great interest, and the names of Manouvrier, Bournet, Corre, Laurent, etc., are well known in connection with criminal anthropology in France, while Féré ably represents the French school which explains criminality by degeneration alone.

In Germany the serious study of the criminal may be said to have begun with Krafft-Ebing, the distinguished professor of psychiatry, now at Vienna, who, by laying down clearly in his Grundzuge der Kriminal Psychologie (1872), and other works, the doctrine of a criminal psychosis, and pointing out its practical results, deserves, as Krauss remarks, to be regarded as an important precursor of Lombroso. Knecht studied over 1200 prisoners anthropologically. Dr. A. Krauss, who began with investigations into criminal psychology, has since done much solid work in criminal anthropology. Flesch made important observations on the morbid pathology of criminals; Benedikt, known in connection with various interesting investigations in criminal anthropology, began in 1879 with a remarkable study of the criminal brain, in which he observed frequent confluence of the fissures, as among some lower races, and also an additional convolution in the frontal lobe, which he assimilated to that of the carnivora. His conclusions in this difficult field of research were, however, considerably shaken by Professor Giacomini, of Turin, and others, who showed that similar anomalies are found, although not so frequently, in normal persons. The brilliant Viennese professor has in his recently-published Kraniometrie und Kephalometrie shown himself the most original and suggestive of living students of the architecture of the skull.

In Holland, Professor Van Hamel, of Amsterdam, represents the new spirit of approaching the problems of criminality.

In Belgium, where Quetelet’s great work, Physique Sociale, inaugurated criminal sociology, and where prison reform, which has always attracted much attention, is now ably represented by Professor Adolphe Prins, the results of criminal anthropology have been received and discussed with interest and sympathy, and various researches have been carried on. Professor Héger and Dr. Semal of Mons should also be named here. In 1884 the Anthropological Society of Belgium nominated a commission for the investigation of criminal anthropology. This led to various interesting researches, none of them, however, of great importance.

In Spain and Portugal criminal anthropology is being prosecuted with much zeal. Among its chief representatives may be named especially Vera and Rafael Salillas (whose interesting book, La Vida Penal en España, gives a very vivid picture of life in the Spanish prisons), and at Lisbon Bernardo Lucas. D’Azevedo Castello Branco, sub-director of Lisbon prison, should also be mentioned. In 1889, at a congress held in Lisbon, the relation of criminal anthropology to penality, legal reform, and allied problems was fully discussed.

In the rapidly-developing Spanish countries of South America, especially in the Argentine Republic, criminal anthropology seems to be making great progress. It is officially taught at the University of Buenos Ayres. Luis del Drago, a judge in the Argentine Republic, with his Los hombres de Presa (1888), an able study of criminality, which has rapidly reached a second edition, thus showing the interest generally felt in these studies, and some other workers, witness to the progress made in this country. On the initiative of Dr. del Drago, with influential coadjutors, a society for the promotion of criminal anthropology was founded in Buenos Ayres in 1888, “to study the person of the criminal, to establish the degree of his dangerousness and of his responsibility, and to effect the gradual and progressive reform of penal law in accordance with the principles of the new school.” In Brazil Professor Viejra de Aranjo of Pernambuco is the chief representative of the science.

In Russia and Poland, although the study of criminal anthropology dates from very recent years, it is making considerable progress. Bielakoff, in the Archives of Psichiatry of Kharkoff, studied 100 homicides. Professor Troizki, of Warsaw, published a careful study of 350 prisoners. Dr. Prascovia Tarnowskaia examined 100 female thieves, whom she compared with 150 prostitutes and 100 peasant women. On the legal side, Dimitri Drill is engaged on a great work, of which one volume only is published at present, in which he deals thoroughly with the organic factors of crime, and with the social applications of criminal anthropology. The Russians seem to be characteristically audacious in their applications of the new science, and there is in Russia a feeling, not merely against imprisoning criminals, but even against secluding them. In 1885 a young girl assassinated a Jewish child to obtain possession for her lover of the money of the child’s father, a rich usurer. Professor Babinski declared that she was not mad, but entirely devoid of moral notions, that she was incurable, and that it would be quite useless (useless, that is, from a medical point of view) to put her in an asylum. She was acquitted.

In Great Britain alone during the last fifteen years there is no scientific work in criminal anthropology to be recorded. When Dr. Coutagne inaugurated, in 1888, a “Chronique Anglaise” in the Archives de l’Anthropologie Criminelle, he could not conceal his embarrassment. While the Italian, Spanish, Portuguese, and Russian summaries are founded on a large series of works in criminal anthropology, in England there is absolutely no centre for the scientific study of criminality. “Legal medicine,” he remarks, “has there inspired no special publication, nor any learned society. At the International Medical Congress of London, in 1881, although so remarkably organised, it was less well treated than laryngology or dentistry, and formed the object of no section, state medicine being almost synonymous with hygiene. If we consult the scientific journals of England dealing with allied subjects, our baggage will receive very few additions.” In 1889 the International Association of Criminal Law was founded by Professor G. A. Van Hamel of Amsterdam, Professor Fr. von Liszt of Marburg, and Professor Adolphe Prins of Brussels. This association, which has a great future before it, represents, from the scientific and practical standpoint, the movement of reform in matters that relate to the criminal. It maintains that criminality and the repression of crime must be regarded as much from the social as from the legal point of view. It endeavours to establish this principle and its consequences in the science of criminal law as well as in penal legislation. The association already numbers between three and four hundred members, and includes well-known representatives from twenty-one different countries in Europe and America. England is among the least well represented of all; the English members rank in number with the Portuguese, Servian, and Argentine members. Germany is more than twenty times better represented.[15] No interest was felt in England in the International Congress of Criminal Anthropology recently held in Paris. At this Congress official delegates came from all parts of the civilised world, from Russia to Hawaii, but although there were two from the United States, there was not one from Great Britain. When some twelve months since I issued a series of Questions, dealing with some of the main points in the investigation of the criminal, to the medical officers of the larger prisons in Great Britain and Ireland, the answers that I received, while sometimes of much interest—and I am indebted to my correspondents for their anxiety to answer to the best of their ability—were amply sufficient to show that criminal anthropology as an exact science is yet unknown in England. Some of my correspondents, I fear, had not so much as heard whether there be a criminal anthropology.[16] England has, however, in the past been a home of studies connected with the condition of the criminal. The centenary of John Howard, which we have lately celebrated, is a brilliant witness to this fact. Fifty years ago Englishmen sought to distinguish themselves by the invention of patent improved tread-mills and similar now antiquated devices to benefit the criminal. We began zealously with the therapeutics of crime; it is now time to study the criminal’s symptomatology, his diagnosis, his pathology, and it is scarcely possible to imagine that in these studies England will long continue to lag so far behind the rest of the civilised world.


CHAPTER III.

CRIMINAL ANTHROPOLOGY (PHYSICAL).

§ 1. Cranial and Cerebral Characteristics.

Considerably greater importance was formerly attributed to the shape and measurements of the head than we can now accord to them, although the subject still retains much interest. A vast quantity of data has accumulated concerning the heads of criminals; some of the results are contradictory, but certain definite conclusions clearly emerge.

The average size of criminals’ heads is probably about the same as that of ordinary people’s heads; but both small and large heads are found in greater proportion, the medium-sized heads being deficient. The same is true, as Tigges and others have shown, of the insane, though among these the larger preponderate to a greater extent. Thieves more frequently have small heads; the large heads are usually found among murderers.

Nothing very definite can be said of the cephalic indices save that they are frequently an exaggeration of those of the race to which the criminal belongs; those of long-headed race being sometimes very long, and those of broad-headed race sometimes very broad; the Corsican criminal being often very dolichocephalic, and the Breton criminal often very brachycephalic.

There is a generally recognised tendency to the pointed (oxycephalic) or sugar-loaf form of head. Though this form is probably, as Benedikt points out, an effort at compensation, it is an effort that testifies to defective organisation. The opposite defect of low or flat-roofed skull is also found among criminals, and is characteristic of degeneration. Lauvergne, in his old book on criminals, has a vivid and picturesque sketch of a variety of this kind of head, which he called the satanic type, and which he found among many of the worst criminals: “Such are the heads which painters throw into their pictures, and call ‘heads of the other world.’ I have recognised them in mediæval pictures, and in all the museums in which the products of early art are preserved. You will see them on old cathedrals, in which devils play a part, or wherever the artist has received some diabolical inspiration, as in the Campo Santo at Pisa. One cannot, indeed, better represent the genius of evil, Satan, the fallen angel, than by giving him such a head.... Behind the frontal bones the head seems to have been tied with a band to compress it around and to force the swelling of the hemispheres upwards and backwards. It is the head vulgarly called sugar-loaf. When it is complete, that is to say, when it presents a prominent base supporting an inclined pyramid, more or less truncated, this head announces the monstrous alliance of the most eminent faculty of man, genius, with the most pronounced impulses to rape, murder, and theft.” Benedikt regards the bilateral elevation of the sagittal suture as, though rare, “significant of profound perversity of brain function.” He also regards disproportionate development of the occipital part of the skull as a characteristic mark of degeneration.[17] It appears that the posterior half of the skull varies much more in different individuals than the anterior half.

The orbital capacity has been noted by Lombroso and others to be frequently larger than normal (as among birds of prey and some savages), especially among thieves. There is marked exaggeration of the orbital arches and frontal sinuses which may be related, at all events in the cases of individuals living in the country, with energy of the respiratory system.

Receding foreheads, very commonly observed among criminals, have always been regarded as evidence of low mental and moral organisation, not without reason, though it must be remembered, as Ten-Kate and Benedikt point out, that the breadth, vaulting, and general size of the head must be taken into consideration. Many men of marked intellectual power have had receding foreheads.

Tenchini has pointed out (and the observation has since been confirmed) that the frontal crest is often stronger and more prominent in criminals. In normal skulls he found it 3-4 millimetres in length; in criminals frequently 5-6 mm. It is also larger in the insane and lower races, and relatively larger in orang-outangs. It may signify precocious union of the two parts of the frontal bone with consequent arrest of brain development.

The presence of a median occipital fossa has been specially noted by Lombroso, sometimes in connection with hypertrophy of the vermis of the cerebellum, as among the lower apes, in the human fœtus between the third and fourth months, and in some lower races.

Lack of cranial symmetry is one of the most marked features of the criminal skull, although it has not often at present been subjected to exact measurement.[18] It must be remembered that every skull, criminal or non-criminal, is deficient in strict symmetry (and, indeed, every part of the body likewise), and that statistics therefore are here of little value; it is simply a question of the amount of asymmetry; and two observers going over the same series of skulls would almost certainly come to different conclusions. They would probably, however, both find the proportion of asymmetrical heads greater in the criminal than in the ordinary series.

All these cranial abnormalities are found occasionally in ordinary persons; very rarely are they found combined in normal persons to the extent that they are found among instinctive criminals. Thus Lombroso, when he examined the skull of Gasparone, a famous brigand of the beginning of the century, whose name still lives in legends and poems, found microcephaly of the frontal region, a wormian bone, eurigmatism, increase in the orbital capacity, oxycephaly, and extreme dolichocephaly. Mingazzini found that out of thirty criminals eight presented brains and skulls of a weight and capacity only found in submicrocephalic subjects; that several of these showed, either in brain or skull, or both, the union of several anomalies; and that in the skulls of other six the abnormal appearances were so manifold as to present an aspect which might be called “completely teratologic.”[19] Most of these anomalies are found much more frequently in the male than in the female skull. If, however, the criminal woman is compared with the normal woman, she is found to approach more closely to the normal man than the latter does; while the corresponding character (feminility) is not found so often in the criminal as in the normal man, except among pæderasts and some thieves. It may also be mentioned that nearly all these anomalies are much more rarely found in the insane.

In Plates I.-VI. will be found a series of convicts’ heads—concerning which information may be found in Appendix A—illustrating in a very remarkable manner many of the peculiarities noted in this and subsequent sections. They are reproduced from sketches made by Dr. Vans Clarke, formerly governor of Woking Prison. The thirty-six here reproduced I have selected from 111 of a similar character in Dr. Clarke’s note-books. They are, as Dr. Clarke remarks, exceptional rather than typical heads; but as he discontinued making the sketches after he had seen about a thousand men, the specimens given are evidently by no means very exceptional. They represent at the least 10 per cent. of the criminals examined. “My sketches,” he writes, “were taken at the ‘model prison’ of Pentonville, where the duty of filling up the medical history-sheet of every convict on his arrival devolved upon me, and I was prompted to use my sketch-book during the physical examination, on the observation of remarkable peculiarities in many of the heads and faces of the criminals. The portraits were necessarily taken in haste, but they were true, and were considered to be successful as likenesses. I may say that I was compelled to make a selection rather from want of time than the lack of material. In a less marked degree the instances of misshapen heads and repulsive facial characters were very common.” Some of the cranial and facial characteristics noted by criminal anthropologists are brought out in these sketches in so well-marked a form that it may be as well to say that they were taken some years ago, before the publication of Lombroso’s work, and it was therefore impossible for Dr. Clarke to have been unconsciously influenced by any preconceived notions on the subject.

As far back as 1836 Lélut weighed ten brains of criminals, and his results show, according to Topinard, a result below that of the normal. Bischoff, in 1880, published the results of an important series of observations he had made on the weight of the brain in criminals. He weighed the brains of 137 criminals and 422 normal persons. He found that small-sized and medium-sized brains were about equally common in criminals and in normal subjects; while among the heavier brains, weighing from 1400 to 1500 grammes, the criminals were in the proportion of 24 per cent., the normal persons of 20 per cent. Topinard, putting together the results of several series of observations on the weight of the brain in criminals, and comparing them with those of Broca for ordinary individuals of the same age, finds that in criminals there is an inferiority of some 30 grammes. There is some reason to suppose that the weight of the cerebellum in criminals is often decidedly superior to the normal savage. It is clear, on the whole, that little importance attaches to the weight of the brain in criminals, a conclusion which harmonises with such a fact as that Gambetta’s brain resembled in weight that of a microcephalic idiot.

PLATE I.

PLATE II.

PLATE III.

PLATE IV.

PLATE V.

PLATE VI.

There is more evidence in favour of attaching some importance to the shape of the brain, to its relative development, to the condition and relations of its convolutions. Broca, Topinard, and many other eminent anthropologists and anatomists have attributed great value to these relations. Gall was perhaps the first to suspect their significance. Benedikt, in 1879, published some interesting generalisations on the brains of criminals which he had examined. He found special frequency of confluent fissures; that is to say, according to his own description, if we imagine the fissures of the brain to be channels of water, a swimmer might with ease pass through all these channels. Benedikt also found in the brains of his criminals that the frontal lobe frequently presented four convolutions, a peculiarity which he considered as a reversion to the carnivorous type; the investigations of Hanot and Bouchard confirmed these results. But Benedikt neglected to make an adequate comparison with the normal brain, and Giacomini, Corre, Fallot, and Féré have shown that these peculiarities are not very rare in ordinary subjects. The question of confluent fissures had before this time attracted the attention of Broca, and his conclusions may probably still be accepted:—“One or more of these communications,” he said, “do not prevent a brain from being at once very intelligent and very well balanced, but when they are numerous, and when they affect important parts, they indicate defective development. They are often seen in the small brains of the weak-minded and idiots, very frequently also in the brains of murderers, with this difference, that in the first case they are related to the smallness of the convolutions and of the brain generally; while in the second case they coincide with convolutions for the most part ample in size, and bear witness to irregularity in cerebral development.” Flesch studied the brains of fifty criminals, and found that every one presented some anomaly, sometimes of a remarkable character, as incomplete covering of cerebellum by cerebrum. He found two kinds of deviations common, one characterised by less richness of convolution than is found usually in ordinary brains, the other characterised by much greater richness of convolution than he had ever observed in normal brains. On the whole we may agree with Hervé, that “what the brains of criminals present, not characteristically but in common with those of other individuals badly endowed though by no means criminals, is a frequent totality of defective conditions from the point of view of their regular functions, and which renders them inferior.”[20]

Although a very considerable mass of evidence is now accumulating, we know considerably less of the brains of criminals than of their skulls. This is in large measure due to the fact that there is at present insufficient evidence regarding the condition of the normal and healthy brain, and unless controlled by careful series of observations on normal persons, observations on criminal brains cannot be interpreted.

The important matter of the vascular supply of the brain in criminals has yet received little attention, but a variety of pathological features have been found in the cerebral substance and membranes—pigmentation, degenerating capillaries, cysts, thickened and adherent membranes, the vestiges of old hyperæmia and hæmorrhages. Some of these conditions are found with great frequency, much oftener than in the insane; meningitis, for instance, being found, according to Lombroso’s experience, in 50 per cent. of the cases examined; while Flesch has obtained very similar results. The frequency of meningitis was noticed in some of the answers to my Questions, especially by one prison surgeon who wrote of “well-organised adhesions between the dura mater and vault of cranium, localised but more extensive than one would expect to find.” Unfortunately, he was unable to supply exact figures as to the frequency of such signs. It must be added, as a point of considerable importance, that in very few cases have these pathological lesions produced any traceable symptoms during life.

§ 2. The Face.

Prognathism has frequently been noted as a prominent characteristic of the criminal face, both in men and women. This is, however, a point that requires further study; giving due weight to racial characteristics, to the proportion of prognathous individuals among the general population, and to method and uniformity in measurement.

There is little doubt that the lower jaw is often remarkably well developed in those guilty of crimes of violence. The squareness and prominence of the jaw are obvious to the eye, and this is verified by weighing after death, as has been shown by Manouvrier. The average weight of the Parisian criminal skull is, if anything, below that of the ordinary Parisian, but while the average weight of the lower jaw in the latter is about 80 grammes, it is about 94 grammes among murderers. In this respect the criminal resembles the savage and the prehistoric man; among the insane the jaw weighs rather less than the normal average. A type of receding chin is also found frequently among petty criminals, the occasional or habitual, who are criminals by weakness; such heads Lauvergne called têtes moutonnes.

Prominence of the zigoma or cheek-bone has been noted by many observers, especially in sexual offenders, among whom Marro found it in 30 per cent. as against 22 per cent. in normal persons. This recalls a remark made many years ago by Charles Kingsley: “I have generally seen with strong animal passion a tendency to high cheek-bone;” but he confines this generalisation to women, and to those who are dark-complexioned. Virchow believes that the large development of the jaws and the cheek-bones (to which powerful muscles are attached) is favoured by coarse and hard food through many generations.

A few isolated observations have been made on the teeth of criminals by Lombroso, Zuccarelli, and others, who have observed certain anomalies, such as exaggerated or deficient development of the canines; and Dr. Prascovia Tarnowskaia, in her one hundred women thieves, found defects of the bony palate and undeveloped teeth among the most frequent anomalies. So far as I know, however, no extensive and careful series of observations has yet been made on the teeth of criminals. It is desirable that this should be done. The course of dental evolution among the higher mammals is now fairly well known. Atavism in dental anomalies is well recognised among the races of man; a fourth molar, for instance, found generally among the platyrhine apes, is occasionally found in man: in what proportion is it found among criminals? What, again, is the relative condition of the canine teeth? The wisdom-teeth are dying out; they are only absent among lower races in 19 per cent. cases, while in the higher races they are absent in 42 per cent. of the observed cases (Mantegazza). How do criminals stand in this respect? The development of the teeth is very closely related to the development of the nerves and brain. The extraordinary frequency of dental and palatal anomalies in idiots was pointed out in England in 1860 by Ballard and Langdon Down, and they have been carefully studied of recent years by Dr. Talbot, of Chicago, and by Dr. Alice Sollier at the Bicêtre in Paris. It is worth noting, in reference to the undeveloped teeth so frequently found by Dr. Tarnowskaia among women thieves, that Dr. Sollier found abnormally small teeth in 13 per cent. of her idiots. Among the insane dental anomalies are comparatively rare.

1. Darwinian tubercle and absence of helix.
2. Absence of lobule and antitragus.
(Féré and Séglas.)

Even non-scientific observers have noted the frequency among criminals of projecting or of long and voluminous ears. In the answers to my Questions issued to medical officers of prisons I found that the prominent ears of criminals were more generally recognised than any other abnormality. Thus Dr. V. Clarke says—“The largely developed external ear is a common feature;” others speak of “ears often large and outstanding,” etc. Lombroso finds the ear ad ansa, as he calls it—the handle-shaped ear—in 28 per cent. of his criminals; Knecht in 22 per cent.; Marro not more frequently than among ordinary people. Ottolenghi, who has recently examined the ears of nearly 600 criminals and of 200 normal persons, finds that while among the latter it is found in 20 per cent., among the former it is found in 39 per cent., the percentage varying from 35 among thieves to 42 among those convicted of assault and wounding. This observation is indeed by no means of recent date. In reading lately that curious treatise of mediæval physiology, Michael Scott’s De Secretis Naturæ, I found that a very bad character is given to those persons whose ears are uncommonly long, or ample transversely; they are bold, vain, foolish, incapable of work. To come down to comparatively recent times, Grohmann in 1820 noted the prominent ear as a marked characteristic of the criminal. Morel studied the abnormalities of the ear, especially in relation to heredity; Foville, as Dr. Barnes informs me, was accustomed to point out their significance in the insane; and in England Laycock fully appreciated their value as indications of degeneration.[21] Dr. Langdon Down, working on the same lines as Laycock, points out in Mental Diseases of Childhood the frequency of congenital ear deformities in idiots and the feeble-minded, associated often with webbed toes and fingers; also an implantation of the ears farther back than is normal, giving an exaggerated facial development. In France, Italy, and Germany there has within the last two or three years sprung up a considerable literature on the subject, of which Frigerio’s little book, L’Oreille Externe: Étude d’Anthropologie Criminelle (Paris, 1888), is perhaps the most valuable. Dr. Frigerio, who has devoted special attention to this feature both among criminals and the insane, finds certain peculiarities very common, and also notes various anomalies of movement in the pinna and its partial hyperæmia, especially in neurotic subjects. From the examination of several hundred subjects, he concludes that the auriculo-temporal angle (measured by a special otometer from the edge of the pinna to the mastoid) undergoes a gradual progression from below 90° in the normal person, above 90° among criminals and the insane, up to above 100° among apes. He found the large angle very marked in homicides; less so in thieves. The longest ear Frigerio has ever seen in man or woman was in a woman convicted of complicity in the murder of her husband; the left ear was 78 mm., the right 81 mm. (the normal being 50-60 mm.) in length. Her father, her two sisters, and three cousins all possessed excessively large ears, and were all convicts. The degenerative variations to which he attributes most importance are the Darwinian tubercle—i.e., a pointed projection in the outer margin of the ear—frequent among the insane and criminals, the doubling of the posterior branch of the fork of the antihelix, and a conical tragus (very frequent in childhood and among apes) often found among the insane and criminals. Féré and Séglas,[22] who examined over 1200 subjects—healthy, insane, idiot, and epileptic—found anomalies frequent among epileptics, and especially so among idiots; but not notably more frequent among the insane than among the sane. They especially noted the number of abnormalities frequently found in the same subject; and also a connection between defects in the ear and sexual abnormalities. The committee appointed by the British Medical Association to investigate the development and condition of brain function among the children in primary schools, found that ear-defects were especially frequent in connection with nerve-defects and mental weakness.[23]

1. Darwinian tubercle.
2. Root of the helix dividing the concha into two distinct cavities.
3. Adherent lobule.
(Féré and Séglas.)

The most common (so-called) atavistic abnormalities of the ear—i.e., those most frequently and prominently seen among the anthropoid and other apes—are the Darwinian tubercle,[24] absence of one of the branches of the fork, absence of helix, effacement of antihelix, exaggerated development of root of helix, absence of lobule. Adherent lobule may frequently be observed in well-developed individuals; it is not found among apes, and appears to have no special significance.

The projecting ear has usually been considered as an atavistic character, and with considerable reason, as it is found in many apes, in some of the lower races, and it corresponds to the usual disposition of the ear in the fœtus. Marro prefers to regard it as a morbid character because it is so frequently united with true degenerative abnormalities, and because it is not always found in the lowest human races; Hartmann, for instance, having found it frequently among the European peasants, and in Africa more frequently among Turks, Greeks, and Maltese than among the indigenous fellaheen, Berbers, and negroes of the Soudan. Among so low a race as the Australians the ear is often, I have noticed, very well shaped. At the same time the projecting ear frequently accompanies deaf-mutism, Dr. Albertotti having found it in sixteen out of thirty-three deaf-mutes.

1. Forking of the root of the helix.
(Féré and Sêglas.)

The ear, it is well known, is very sensitive to vasomotor changes, slight changes serving to affect the circulation visibly; so that in pale, nervous people a trifling emotion will cause the ears to blush. Galton tells us of a schoolmistress who judges of the fatigue of her pupils by the condition of their ears. If the ears are white, flabby, and pendent, she concludes that the children are very fatigued; if they are relaxed but red, that they are suffering, not from overwork, but from a struggle with their nervous systems, rarely under control at the age of fourteen or fifteen. If this kind of sensitiveness is not common among criminals, a few of neurotic temperament, as well as some lunatics, possess the power, rare among normal persons, of moving the ear. Frigerio notes movements of the superior and posterior muscles, especially when touched; in apes the transverse muscle also acts. Frigerio connects this power of movement with perpetual fear, always on the look-out; many of the criminals with this peculiarity were recidivists, and three of the lunatics had delusions of persecution.

The interest of these investigations, now so actively carried on, into the malformations of the pinna among criminals is obvious. A few ingenious persons have sought to explain some of them by the influence of the headgear, pulling of the ears, etc.; but on the whole it is generally recognised that they are congenital. The study of them, therefore, is of distinct value in enabling us to fix the natural relationships of the criminal man. There is still need for careful series of observations on criminals, the insane, epileptics, and idiots, and every such series should be controlled by a similar series of observations, by the same observer, on ordinary subjects.

The criminal nose has been measured and studied with great care and enthusiasm by Ottolenghi.[25] He finds that the criminal nose in general is rectilinear, more rarely undulating, with horizontal base, of medium length, rather large and frequently deviating to one side, and he describes several varieties. Thus the typical thief’s nose is rectilinear, often incurved, short, large, and often twisted, with lifted base. The sexual offender presents the most rectilinear nose, though he shows the undulating profile of nose more frequently than any other group of criminals, of medium length and rather large. Ottolenghi believes that his observations help to show, both in the skeleton and in life, an anatomical relationship between criminals against the person and epileptics and monomaniacs; also a relationship between thieves and sexual offenders and cretins. His observations are full and interesting, but the matter needs further investigation; the anthropological importance of the nose has scarcely yet been fully realised.

Most writers on criminals speak of the pallor of the skin; this has been noted at a very remote period by Polemon, l’Ingegneri, and other early physiognomists. Marro has found it in 14 per cent. of his criminals, as against 3 per cent. among the ordinary population. He considers that it is related to habitual cerebral congestion. Pallor is also caused (as Colajanni points out, and testifies to from personal experience) by prolonged imprisonment, even under favourable circumstances. It is probable that the influence of this cause has not yet been eliminated with sufficient care.

Ottolenghi has investigated the wrinkles on the faces of 200 criminals as compared with 200 normal persons. He finds that they are much more frequent and much more marked in the criminal than in the non-criminal person, and this must have struck many persons who have seen a large number of criminals or photographs of criminals. The relative frequency is especially marked in zygomatic and genio-mental wrinkles, while the foreheads, even of youthful criminals, and when the face is in a state of repose, sometimes present a curiously marked and scored appearance. The precocity of these wrinkles is worthy of note. “We found young criminals of fourteen,” Ottolenghi remarks, “with wrinkles more evident and marked than are met with in many normal men above thirty. It is these precocious wrinkles which give to young criminals that aspect of premature virility which Lombroso and Marro have already noticed.” “It is worthy of note,” he remarks also, “that the part of the face which, by the prevalence of wrinkles, shows more active expression in criminals as in other degenerated persons, is that corresponding to the region of the nose and mouth—that is to say, the less contemplative, more material, part of the face; and, in fact, we see that, with the exception of some murderers, who have a surly look and corrugated forehead, the typical delinquent presents habitually in the more rational and contemplative part of his face the least degree of active expression, this corresponding to his limited psychical sensibility.”

§ 3. Anomalies of the Hair.

The beard in criminals is usually scanty. As against 1.5 per cent. cases of absence of beard in normal persons, Marro found 13.9 per cent. in criminals, and a very large proportion having scanty beard. The largest proportion of full beards among criminals was found by Marro in sexual offenders.

On the head the hair is usually, on the contrary, abundant. Marro has observed a notable proportion of woolly-haired persons, a character very rarely found in normal individuals. The same character has been noted among idiots. In contrast with what is found among the insane, baldness is very rare. Among criminal women remarkable abundance of hair is frequently noted, and it has sometimes formed their most characteristic physical feature, accompanied by an unusual development of fine hair on the face and body. Salsotto, who has given special attention to criminal women, finds a considerable distribution of hair between the pubes and the umbilicus (as in men) in 10 per cent. of the forty women he examined as to this character; such distribution among normal women only occurring (according to Schulze) in 5 per cent. cases. Salsotto also found abundant hair in seven out of the forty around the anus, a part in normal women rarely supplied with hair. The excess of down on the face is found with special frequency in women guilty of infanticide. It is worth while pointing out that (as Dr. Langdon Down notes) there are frequent anomalies in the development of hair among idiots. Some are hirsute over the entire body; 11 per cent. have continuous eye-brows.

This abundance of hair seems to be correlated with the animal vigour which is often so noticeable among criminals. It may at the same time be to some extent explained by arrest of development or atavism leading to the deficiency of beard which in its fully developed form marks, with few exceptions, only the highest human races. Strong sexual instincts are but the effervescence of this animal vigour; hence, perhaps, the connection between the presence of an unusual amount of hair and infanticide. In the case selected by Bucknill and Tuke as a typical example of insanity in women due to repressed sexual instinct, the chief physical characteristic noted was the amount of hair on the body; and in a case recorded by Dr. H. Sutherland (West Riding Asylum Reports, vol. vi.) of a girl whose illness and subsequent death were in his opinion due to “unsatisfied sexual desire,” the long fair hair, which she delighted in letting flow down to her knees, was specially noted. It was observed of the French writer, Restif de la Bretonne, of whose extraordinary and abnormal sexual proclivities, even at an early age, he has himself left ample evidence in his autobiographical book, Monsieur Nicolas, that his body was remarkably hairy.

In regard to colours, the proportion of dark-haired persons is considered greater among criminals than among the ordinary population in England, Italy, and Germany. An exception to this general rule in the case of sexual offenders (rape and pæderasty) appears to be well marked in Italy; though, so far as I have been able to ascertain, it has not been frequently observed in England. Marro associates the fair hair of sexual offenders with the precocious puberty of fair-haired women, as shown by the investigations of Professor Pagliani. The researches of Marro and Ottolenghi over a very considerable field give the following results for North Italy:—

Chestnut Hair. Fair. Black.
Normal persons(900) 90.78per cent. 9.22per cent.
Criminals(1620) 93.83" 6.17"
Sexual offenders(100) 81.85" 16.67" 1.48 per cent.

Ottolenghi notes that the prevailing fair colour is reddish.[26]

Grey hair was found by Ottolenghi to be vastly more frequent at an early age among ordinary working men and peasants than among the 200 male criminals he examined: thus, between the ages of 30 to 33 it was 60 per cent. for the former, only 12 per cent. for the latter. This does not hold true for criminal women, who become grey more quickly than ordinary women. The male criminal in this respect resembles the epileptic, and especially the cretin, in whom grey hair is seldom seen. Baldness, Ottolenghi shows, is very rare, comparatively, in the criminal, in relation not only to the normal man but even to the epileptic and the cretin. In this respect the criminal differs greatly from the ordinary professional man, in whom baldness is frequently found.[27]

To the existing statistics of the colour of hair among criminals, taken as a whole, it is not possible at present to attach much value. There is no uniform system of description and nomenclature; it is difficult to make full allowance for ethnic divergence, and there rarely exists an adequate standard of comparison for the normal persons of corresponding race. Of 129 persons “wanted” at Scotland Yard, I find that 45 have “dark brown” hair, and of these 17 (i.e., 37.7 per cent.) are described as “dangerous,” “desperate,” “expert,” or “notorious”; 46 have “brown” hair, and of these 14 (i.e., 30 per cent.) are “dangerous,” etc.; 11 are “dark” (9) or “black” (2), and of these 3 (i.e., 27.2 per cent.) are “dangerous”; 27 are described as “light brown,” “light,” “sandy,” “fair,” “auburn” (one, a woman), “red” (one, a man, who is “dangerous”), and of these 9 (i.e., 33.3 per cent.) are “dangerous,” etc. This gives a proportion of red-haired persons about the same, according to my observations, as is found among middle-class men in the city, but considerably lower than is found, according to Dr. Beddoe, the chief authority on this subject (in his Races of Britain), among the lower classes in London—i.e., about 4 per cent. This is the class from which the criminals in question were chiefly drawn, but they do not exclusively belong to London; many come from the northern towns, and in many of these, Leeds, for instance,[28] according to my observations, the proportion of red-haired persons is decidedly larger than in London, and certainly not smaller.

It is interesting to compare these statistics of the hair of London criminals with a body of statistics concerning the colour of the hair of 1220 insane persons (omitting the grey-haired) in the New Brunswick Asylum; although as the racial mixture is certainly not quite identical, and the nomenclature probably varies, no strict comparison is possible. Of these 1220 insane persons the hair of 1050 is described as “dark,” “dark brown,” “brown,” while 170 have “light,” “auburn,” or “red” hair. One person in seven among the insane persons has fair hair, one in five among criminals; one person in fifty among the insane has red hair, one in 129 among the criminals; one in forty among the insane has auburn hair, one in 129 among the criminals. So that while the proportion of fair-haired is distinctly smaller among the insane, the proportion of red-haired and auburn-haired is very decidedly larger than among the criminals.

So far as exact evidence on the colour of the hair goes, it points chiefly to a relative deficiency of red-haired persons among criminals. This may perhaps be accounted for. There seems to be a lessened power of resistance to disease among persons of brilliant pigmentation. The extensive anthropological statistics of the American War showed a very marked inferiority on the part of fair persons. These statistics have been criticised by De Candolle, who believes, however, that even with deductions they may probably still be accepted. Our evidence as to the proportion of bright-haired people in lunatic asylums seems to point in this direction. These red-haired people, with their “sanguine” temperament of body, are peculiarly susceptible to zymotic disease; they take scarlet fever, for instance, very easily, and suffer from it severely. Among the manifold risks of a criminal life the brightly pigmented person, with his sensitive vascular system, seems to be soon eliminated.

§ 4. Criminal Physiognomy.

The science of physiognomy is still in a vague and rudimentary condition, although the art has long been practised with more or less success. There are, for instance, a large number of proverbs in which some of the most recent results reached by the criminal anthropologists of to-day were long ages back crystallised by the popular intelligence. Such are the Roman saying, “Little beard and little colour; there is nothing worse under heaven;” the French, “God preserve me from the beardless man;” the Tuscan, “Salute from afar the beardless man and the bearded woman;” the Venetian, “Trust not the woman with a man’s voice.”

Many of the old physiognomists, especially the two greatest, Dalla Porta and Lavater, tell us how they immediately recognised criminals, although they sometimes ludicrously failed; and Lavater once mistook the portrait of an executed assassin for Herder’s. A criminal anthropologist of to-day, Professor Enrico Ferri, declares that out of several hundred soldiers whom he examined, he found one, and one only, whom his face declared to be a murderer; he was told that this man had, in fact, been found guilty of murder. Garofalo, the Neapolitan jurist, observes that he is scarcely deceived twice out of ten times. Nor is this acuteness of perception by any means confined to skilled observers. It is very commonly found among women. Many persons, on first meeting an individual, are conscious of an unfavourable impression which they succeed in out-living, but which is subsequently justified. Sometimes the revealing glance is found, perhaps with a shock of horror, in a face already familiar. It is a mistake to attempt to stifle such instinctive impressions as irrational. They are part of the organised experiences of the race, and, subject to intellectual control, they are legitimate guides to conduct.

Professor Lombroso tells us that his mother, who had always lived far from the world, was twice able to discover the criminal character of young people whom as yet no one had suspected. A more curious example, he goes on to remark, occurred in connection with the murderer Francesconi. There was nothing remarkable about him, nothing to indicate ferocity or a temper unlike that of other people; his beard was abundant and forehead high; one just perceived a slight degree of prognathism and some prominence of the frontal eminences. Yet years before his crime, a young girl of sixteen (afterwards the Countess della Rocca), who had never quitted the paternal home, and had no experience of life, refused to speak to him when every one welcomed him on account of his wit. When asked why she treated him as though he were a scoundrel, she replied: “If he is not a murderer he will become one.” When Lombroso afterwards asked her by what sign she was guided to this too speedily verified prophecy, she replied: “By his eyes.” Lombroso once asked an intelligent schoolmistress to submit to thirty-two young girls twenty portraits of thieves and twenty of great men. Eighty per cent. of these children recognised the first as bad people, the second as good. On another occasion he showed two hundred photographs of youths to three medical men, and they all selected one as of the criminal type; a little girl of twelve also selected the same. This youth had never appeared in a court of justice, but he had cruelly betrayed those who had assisted him to obtain a good position in life. He was not legally a criminal, but, as Lombroso remarks, he was so anthropologically.

Beautiful faces, it is well known, are rarely found among criminals. The prejudice against the ugly and also against the deformed is not without sound foundation. What Hepworth Dixon wrote in 1850 on this point is still of general application in all civilised countries:—“The population of Millbank is always numerous and always changing; but its character remains substantially the same. Year after year the visitor might drop in and see no difference. There is a certain monotony and family likeness in the criminal countenance which is at once repulsive and interesting. No person can be long in the habit of seeing masses of criminals together without being struck with the sameness of their appearance. A handsome face is a thing rarely seen in a prison; and never in a person who has been a law-breaker from childhood. Well-formed heads, round and massive, denoting intellectual power, may be seen occasionally, but a pleasing, well-formed face, never.”

In looking through the large number of photographs in Lombroso’s great work, L’Uomo Delinquente, very few pleasant faces can be found. The two or three attractive ones are those of women in whom the glow of youth, plumpness, and abundant hair serve as a disguise to features that will scarcely bear examination. The proportion of good-looking faces among the excellent photographs in Inspector Byrnes’ Professional Criminals of America, is much larger. As the able chief of the Detective Department of New York, who, however, distinctly recognises a criminal type of face, remarked to a visitor: “Look through the pictures in the Rogues’ Gallery and see how many rascals you find there who resemble the best people in the country. Why, you can find some of them, I daresay, sufficiently like personal acquaintances to admit of mistaking the one for the other.” Those, however, belong to the aristocracy of crime; they are criminals by calculation; they have achieved a certain amount of success, and a passable face is part of their stock-in-trade. Yet even among these the proportion of faces that will bear examination is by no means large.

Émile Gautier, who was with Prince Krapotkine in the Lyons prison, remarks that he is not acquainted with the anatomical peculiarities of criminals, but that he knows that prisoners are not like the rest of the world. “Their cringing and timid ways, the mobility and cunning of their looks, a something feline about them, something cowardly, humble, suppliant, and crushed, makes them a class apart. One would say, dogs who had been whipped; hardly, here and there, a few energetic and brutal heads of rebels.”

A curious fixed look of the eye has often been considered a characteristic mark of, more especially, the instinctive criminal, a mark which cannot be disguised. “I do not need to see the whole of a criminal’s face,” said Vidocq, “to recognise him as such; it is enough for me to catch his eye.” Lombroso finds that the eyes of assassins resemble those of the feline animals at the moment of ambush or struggle; he has often observed it when the man has been making a muscular effort, as in compressing a dynamometer. Sometimes this feline and ferocious glance alternates with a gentle, almost feminine gaze; this combination giving them a strange power of fascination which has often been exercised on women.

Insistence on the feline aspect is very frequent among those who describe criminals. Thus, for instance, Professor Sergi:—“I have had occasion lately to observe a homicide, aged fifteen, who three months before committing this murder had attempted another, and at another time showed his ferocious nature by attacking a cow with a bill-hook and wounding it in several places. He has been condemned to eleven years’ imprisonment, is well developed for his age, and apparently has no morphological abnormalities, but he is prognathous, his nose is depressed, and all the lower part of the face, from the upper jaw down, has a savage cast. What most distinguishes him is his look; his eye is cruel and feline in the true sense of the word. Reserved, taciturn, even when he was free, now that he is in prison he has the appearance of a wild beast, the glance of a tiger.”

An interesting point in connection with the criminal physiognomy is that it is to a large extent independent of nationality. The German criminal is not very unlike the Italian, nor is the French unlike the English criminal. M. Joly remarks, “I should say that in M. A. Bertillon’s office I was shown nearly sixty photographs of Irish, English, and American thieves. It would have been difficult in many cases to discern the Anglo-Saxon rather than any other physiognomy.”

There is, in the opinion of many of the Italian criminal anthropologists, a special physiognomy for different crimes, though this statement is qualified by the well-known fact that quite different crimes may be committed by the same person. Dr. Marro, in his Caratteri dei Delinquenti, describes no fewer than eleven different classes of criminals, though the distinctions are not all physiognomical. Professor Lombroso’s descriptions are however the most vigorous and picturesque, though it is scarcely possible to receive them without qualification. Thieves he describes as frequently remarkable for the mobility of their features and of their hands; the eyes are small and very restless; the eyebrows thick and close; the nose often crooked or incurved; the beard thin; the forehead nearly always narrow and receding; the complexion pale or yellowish, and incapable of blushing. In those guilty of sexual offences Lombroso finds the eyes nearly always bright; the voice either rough or cracked; the face generally delicate, except in the development of the jaws, and the lips and eyelids swollen; occasionally they are humpbacked or otherwise deformed. Sometimes in incendiaries Lombroso has noted a peculiar delicacy of the skin, an infantile aspect, and abundance of hair, occasionally resembling a woman’s. The eye of the habitual homicide is glassy, cold, and fixed; his nose is often aquiline, beaked, reminding one of a bird of prey, always voluminous; the jaws are strong; the ears long; the cheek-bones large; the hair dark, curling, abundant; the beard often thin; the canine teeth much developed; the lips thin; nystagmus frequent; also spasmodic contractions on one side of the face, by which the canine teeth are exposed. The forger and sharper, on the other hand, has frequently a singular air of bonhomie, a kind of clerical appearance, which is indeed necessary in his business, because it inspires confidence. Some have angelic faces; others are small, pale, and haggard. The poisoner also frequently has a peculiarly benevolent aspect. “In general,” Lombroso concludes, “born criminals have projecting ears, thick hair, a thin beard, projecting frontal eminences, enormous jaws, a square and projecting chin, large cheek-bones, and frequent gesticulation. It is, in short, a type resembling the Mongolian, or sometimes the Negroid.”

It is very interesting to compare this concluding remark with some observations made by Dr. Langdon Down, who has carefully studied and endeavoured to classify the facial characteristics of idiots. Dr. Down finds a resemblance between feeble-minded children and the various ethnic types of the human family; he specially refers both to a Mongolian and a Negroid type. Just as Professor Lombroso finds the Mongolian type most common among his criminals, so Dr. Down finds it most common among his idiots: “more than 10 per cent. of congenital feeble-minded children are typical Mongols. Their resemblance is infinitely greater to one another than to the members of their own families.” Their characteristics are very marked: the hair is brownish (not black, as in the Mongol), straight, and sparse, the face flat and broad, the cheeks rounded and widened laterally, the eyes obliquely placed, and the fissure between the eyelids very narrow, the forehead wrinkled transversely, the lips large and thick, the nose small, the skin tawny. In Dr. Down’s Negroid type of idiot there are characteristic cheek-bones, prominent eyes, puffy lips, retreating chins, woolly but not black hair, and no pigmentation of skin. These points of resemblance are of considerable interest if we are of opinion that the instinctive criminal is best defined as a moral idiot.

As to the causes and indelibility of the criminal expression there is much divergence of opinion. Certain writers have spoken too incautiously on this point. Thus Professor Sergi, in the description of the homicidal lad, already quoted in part, goes on to remark: “In him nothing is acquired, everything is congenital.” And Maudsley, in a sombre and powerful description of the criminal physiognomy which has often been quoted, speaks of it as branded by the hand of nature. “Everything is congenital,” says Professor Sergi; yet we rarely hear of a baby who looks round from its mother’s breast with fierce and feline air. We have to distinguish between the anatomical physiognomy and the expression or mimique. To the ordinary observer the latter is far more striking; he notices at once if a countenance is sad or merry, angry or good-tempered, cowed or elate; he does not so readily observe the shape of the jaws, or the cut of the ears, or the lines of the forehead, yet such marks as these are alone strictly organic and can safely be called congenital.

M. Joly cites some interesting examples of discrepancy in the descriptions of the same criminal under varying conditions, even when the descriptions are the work of good observers. Some years ago a youth of nineteen, named Menesclou, was executed for having violated and killed a little girl, whom he afterwards cut up and burnt. A journalist on the staff of the Figaro, whose reports are considered very exact, thus described him at the trial: “Imagine a sort of abortion, bent and wrinkled, with earthy complexion, stealthy eyes, a face gnawed by scrofula, of cunning, dissipated, and cruel aspect. The forehead is low, the beard sparse and slovenly; the hair, black and thrown backwards, reaches to the shoulders; it is a head absolutely repulsive.” On the other hand, the chaplain of the prison, the Abbé Crozes, thus wrote:—“Menesclou by no means resembles the portraits which the journalists have drawn of him. Far from being repulsive, hideous, repugnant, he had a sympathetic and prepossessing physiognomy, the air of a young man who has been well brought up, a gentle, honest, naïve face; he looked, to me, like a page in a good house.”

In another example the varying descriptions have the advantage of being written by the same person, the Abbé Moreau, successor to the Abbé Crozes as chaplain to the Roquette Prison, and author of the valuable and interesting book, Le Monde des Prisons. “At the trial of Campi,” he wrote, “I had only perceived a coarse demoniac, brutal, cynical, making violent repartees. His repellant head was photographed on my memory; a slovenly beard framing a yellow, bilious face, the muscles of a beast of prey, and, lighting up the livid features with sinister gleam, two small piercing mobile eyes, of a ferocity which I could scarcely bear to see. Campi left on me the most melancholy impression; his head had appeared to me enormous; his shoulders of extraordinary breadth.” Here is another portrait by the same hand of Campi as he appeared in prison:—“I had now before me a young man of ordinary size, slim rather than broad, with a calm face lighted by a good-natured smile; the eyes had lost their ferocity. He approached me with a certain timidity, holding his cap in his hand; and waited respectfully until I spoke to him.”

It is clear that several factors go to make up our impressions of physiognomy. It is well known that it is difficult to estimate the dimensions of an individual seen alone at a distance, whether a criminal at the bar or an actor on the stage. An actor off the stage is as commonplace as a criminal in the streets. Add to this the horror of the spectator, to whose mental vision the crime is present, and the probable perturbation of the criminal whose fate is being argued. Would the conscientious reporter of the Figaro have written such a description had he simply met Menesclou as a stranger in the streets? And would the worthy Abbé’s impression of Campi have changed so greatly if the latter had not, when in complete command of himself, chosen to appear in an attitude of respectful humility?

In the Middle Ages there was a law by which, when two persons were suspected of a crime, the ugliest was to be selected for punishment. At the present day judges are, consciously or unconsciously, influenced by physiognomy, and ordinary human beings, who also in a humble way sit in judgment on their fellows, are influenced in the same manner. The modern criminal anthropologists, with all their minute and patient investigations, have not yet, however, succeeded in making criminal physiognomy a very exact science, and the more criminal amongst us may still find consolation in the reflection that there are no unfailing criteria by which our crimes may be read upon our faces.

§ 5. The Body and Viscera.

Notwithstanding their agility and spasmodic activity, the muscular system of criminals is generally feeble. Such few observations as have yet been made show that muscular anomalies are found with remarkable frequency. Thus the investigations of Guerra on the bodies of 12 normal persons and 18 criminals, showed 11 anomalous muscular conditions in the latter as against 5 in the former.

Lacassagne some years ago pointed out the remarkable length of the extended arms (la grande envergure). Although many observers refer to this peculiarity, and in many isolated cases it is marked and doubtless connected with the agility of criminals, as among some lower races and the apes, I am not acquainted with any extended series of observations in which criminals and normal persons are fairly compared in this respect. Marro’s series, although the normal persons are in too small number, as he himself points out, is as reliable as any, and does not in the average show any preponderance of long-armed individuals among criminals. There is, however, reason to believe that individuals with exceptionally long arms are more often met with among criminals.

“Among the inmates of the Elmira Reformatory,” remarks Dr. H. Wey, “the greatest physical deficiency and least resistive power is found in the respiratory apparatus. Pigeon-breasts, imperfectly developed chests, and stooping shoulders abound. During a period of eight years, with 26 deaths, 13, or 50 per cent., were from diseases of the chest, not including affections of the heart.”

In his answers to my Questions a prison surgeon remarks, “Many men have large nipples and large well-marked areolæ. This is often very remarkable.” I am not aware that this has been noticed by any other observer, and the point deserves further examination.

Heart disease is common among criminals. Out of 54 examined by Flesch, 20 per cent. died of heart disease, 50 per cent. showed affections of the heart. Valvular insufficiency and cardiac atrophy seem to be remarkably prevalent. Penta found endarteritis and atheroma in 82 of his 184 instinctive criminals, i.e. 44 per cent., although many of them were young. The condition, he says, was diffused and pronounced; 20 of these 82 showed aortic insufficiency. It may be noted that arterial anomalies are extremely frequent. Thus Guerra found 14 arterial anomalies in his 18 criminals as against 4 in his 12 normal persons. Heart disease is also common among the insane. Its tendency to produce mental alterations has often been noted; pride, egotism, and an inclination to violence are found, especially (according to Witkowski) among those affected with ventricular hypertrophy; with aortic disease, neurotic and hysterical states; with mitral disease, melancholy and attacks of violence. This is not surprising when we remember the intimate connection that subsists normally between the heart and the brain, the vascular system forming, as it were, the basis of the brain.

The sexual organs in women criminals very frequently reveal pathological conditions. Undescended testis has been frequently found by one of the medical officers who answered my Questions. Unusual size of penis by another. It is interesting to note in this connection that Drs. Bourneville and Sollier found exaggerated development of the glans penis extremely common among the idiots at the Bicêtre, and that among 728 individuals examined they found no fewer than 262 presenting anomalies of the sexual organs, an enormous proportion when compared with the ordinary population.[29] Ottolenghi believes that “on the whole anomalies of the genital organs have in sexual offenders no small diagnostic importance, especially when united to other characters which distinguish them from the honest and from criminals in general—as the greater frequency of fair hair, of malformed ears, of bichromatism of the iris, of blue eyes, of twisted noses, of facial asymmetry, of voluminous lower jaws, and of various neuroses, especially epilepsy.”[30]

It may be noted here that Marro and Ottolenghi have recently studied metabolism in criminals. The chief point that comes out is an augmented elimination of phosphoric acid in the urine. The same has been observed in chronic alcoholism. These researches will, no doubt, be continued.[31]

§ 6. Heredity.

The detailed study of criminal heredity and of criminal habit, or recidivism, scarcely forms part of criminal anthropology. It is an important branch of criminal sociology. But the facts of heredity form part of the evidence in favour of the reality of the criminal anthropologist’s conclusions, and it is not possible to ignore them here entirely. Moreover, the attitude of society towards the individual criminal and his peculiarities must be to some extent determined by our knowledge of criminal heredity.

The hereditary character of crime, and the organic penalties of natural law, were recognised even in remote antiquity. They were involved in the old Hebrew conception, which seems to have played a vital part in Hebrew life, of a God who visited the sins of the parents upon the children unto the third and fourth generation. We know also the story in Aristotle of the man who, when his son dragged him by his hair to the door, exclaimed—“Enough, enough, my son; I did not drag my father beyond this.” And Plutarch puts the doctrine of heredity in a shape that is both ancient and modern—“That which is engendered is made of the very substance of the generating being, so that he bears in him something which is very justly punished or recompensed for him, for this something is he.” Or again—“There is between the generating being and the generated a sort of hidden identity, capable of justly committing the second to all the consequences of an action committed by the first.”

There are two factors, it must be remembered, in criminal heredity, as we commonly use the expression. There is the element of innate disposition, and there is the element of contagion from social environment. Both these factors clearly had their part in Sbro ... who is regarded by Lombroso as the classical type of “moral insanity.” His grandfather had committed murder from jealousy; his father, condemned for rape, had killed a woman to test a gun. He in his turn killed his father and his brother. Practically, it is not always possible to disentangle these two factors; a bad home will usually mean something bad in the heredity in the strict sense. Frequently the one element alone, whether the heredity or the contagion, is not sufficient to determine the child in the direction of crime. A case given by Prosper Lucas seems to show this: “In November 1845 the Assize Court of the Seine condemned three members out of five of a family of thieves, the Robert family. This case presented a circumstance worthy of remark. The father had not found among all his children the disposition that he would have desired; he had to use force with his wife and the two younger children, who up to the last were rebellious to his infamous orders. The eldest daughter, on the other hand, followed, as if by instinct, her father’s example, and was as ardent and violent as he in attempting to bend the family to his odious tastes. But in one part of the family the instinct was lacking; they inherited from their mother.”

The influence of heredity, even in the strict sense of the word, in the production of criminals, does not always lie in the passing on of developed proclivities. Sometimes a generation of criminals is merely one stage in the progressive degeneration of a family. Sometimes crime seems to be the method by which the degenerating organism seeks to escape from an insane taint in the parents. Of the inmates of the Elmira Reformatory, 499, or 13.7 per cent., have been of insane or epileptic heredity. Of 233 prisoners at Auburn, New York, 23.03 per cent. were clearly of neurotic (insane, epileptic, etc.) origin; in reality many more. Virgilio found that 195 out of 266 criminals were affected by diseases that are usually hereditary. Rossi found 5 insane parents to 71 criminals, 6 insane brothers and sisters, and 14 cases of insanity among more distant relatives. Kock found morbid inheritance in 46 per cent. of criminals. Marro, who has examined the matter very carefully, found the proportion 77 per cent., and by taking into consideration a large range of abnormal characters in the parents, the proportion of criminals with bad heredity rose to 90 per cent. He found that an unusually large proportion of the parents had died from cerebro-spinal diseases, and from phthisis. Sichard, examining nearly 4000 German criminals in the prison of which he is Director, found an insane, epileptic, suicidal, and alcoholic heredity in 36.8 per cent. incendiaries, 32.2 per cent. thieves, 28.7 per cent. sexual offenders, 23.6 per cent. sharpers. Penta found among the parents of 184 criminals only 4 to 5 per cent. who were quite healthy.

Even when well-marked disease is absent in the parents, exhausting and debilitating influences, age at time of conception and overwork, may play a disastrous part. Dr. Langdon Down (Mental Diseases of Childhood) has shown how the same influences play a part in the production of idiocy; how, for instance, a man may during periods of strain and overwork conceive idiot children, and at other periods healthy children. Marro has made some interesting investigations into the ages of the father at the period of conception of criminals, as compared with ordinary persons and with the insane. He divided the fathers into three groups, according to age at conception: the first included those in the period of immaturity, which he reckoned as below 25 years of age; the second was the period of maturity from 26 to 40; the third from 41 onwards, the period of decadence. Plate VII. represents in a graphic form the percentage of fathers belonging to each period in various groups; the first column in each group representing the proportion of fathers belonging to the period of immaturity, the second those belonging to the period of maturity, the third those belonging to the period of decadence. It will be seen that the largest proportion of immature parents is among the class of thieves, although among the insane the proportion is still larger. More remarkable is the abnormally large proportion of criminals with parents belonging to the period of decadence. It is most marked among the murderers, 52.9 per cent. of whose fathers had passed the period of maturity; but it is very large also, exceeding the insane among those convicted of assault and wounding (not represented in the Plate), and among sharpers. Sexual offenders have the largest proportion of mature fathers, the smallest of youthful fathers. Suspecting that among idiots a very large proportion of elderly fathers would be found, I applied to Dr. Langdon Down, who has kindly gone through the notes of one thousand cases, and confirmed this suspicion. He finds that in 23 per cent. cases there has been a disparity of age of more than ten years at the birth of the idiot child, the father in nearly every case being the elder, and that in many cases this disparity has reached more than 25 years. It appears, then, Dr. Down adds, that the disparity of age is a factor in the production of idiocy. It may be added that the elderly parent, by dying and leaving his children young and unprotected, has also a social influence in the creation of criminals.

PLATE VII.

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Relation of Age of Parents in Normal Persons, the Insane and Criminal.

It is interesting to compare these results with those of Korosi, Director of the Hungarian Statistical Bureau, on the ordinary population. He has investigated 24,000 cases, and found that the children of fathers below 20 are of feeble constitution; that fathers aged from 25 to 40 produce the strongest children, and that above 40 fathers tend to beget weak children. The most healthy children have a mother below the age of 35; the children born between 35 and 40 are 8 per cent. weaker; after 40, 10 per cent. weaker. The children born of old fathers and young mothers, it should, however, be added, are generally of strong constitution. If the parents are of the same age the children are less robust.

Such hereditary influences as these seem to have played a part in the production of that typical criminal by instinct, T. G. Wainewright, who appears to have had no criminals or lunatics among his ancestry. The often-quoted case of the criminal family, first mentioned by Despine in his Psychologie Naturelle, is interesting in this connection. Three brothers, the sons of one Jean Chrétien, had children and grandchildren as under—

Jean JosephJean-François, thief.
Bénoît.
Claire, thief.
Marie-Renée, thief.
Marie-Rose, thief.
Victor, thief.
Victorine. —— Victor, murderer.
ThomasFrançois, murderer.
Martin, murderer —— (son, thief).
Pierre—Jean-François, thief and murderer.

Nothing is told us of the man and his three sons who produced this awful brood, save that they were not themselves condemned criminals; but whatever the influence was, it existed in all three of the brothers, who each begat murderers and thieves. It is by subtle hereditary influences, as well as by the instinctive habits of a lifetime, that we must explain the influence of criminal contagion on men of honest life and clean record. M. Émile Gautier, a political prisoner with Prince Krapotkine and a number of French working-men in the great prison of Clairvaux, has recorded an experience which is of interest in this connection. “Out of fifty political prisoners,” he writes in his interesting and thoughtful impressions published in the Archives de l’Anthropologie Criminelle in 1888, “belonging to the average, or even the élite, of the working-class population of a large town like Lyons, a good half-dozen will be found who feel themselves at home in prison, and go immediately towards the criminal-law prisoners, assuming at once, in virtue of I do not know what equivocal predestination, their language, their appearance, their habits, their mental dispositions, even the same negative morality, savagery, treachery, artfulness, rapacity, and unnatural vice.”

Alcoholism in either of the parents is one of the most fruitful causes of crime in the child. To the drunkenness of Jupiter when Vulcan was conceived the Romans attributed the deformity of that god; in the words of the old Latin poet:—

“Quis nescit crudo distentum nectare quondam
Indulsisse Jovem Junoni; atque inde creatum
Vulcanum turpem, coelique ex arce ruendum?”

There is to-day no doubt whatever that chronic alcoholism as well as temporary intoxication at the time of conception modifies profoundly the brain and nervous system of both parent and offspring. Some of the most characteristic cases of instinctive criminality are solely or chiefly due to alcoholism in one of the parents. When insanity and alcoholism are combined in the parents, a rich and awful legacy of degeneration is left to the offspring. Thus, one among many instances, Morel quotes a case in which the father was alcoholic, the mother insane, and of the five children one committed suicide, two became convicts, one daughter was mad, and another semi-imbecile. Carefully-drawn statistics of the 4000 criminals who have passed through Elmira, New York, show drunkenness clearly existing in the parents in 38.7 per cent., and probably in 11.1 per cent. more. Out of seventy-one criminals whose ancestry Rossi was able to trace, in twenty the father was a drunkard, in eleven the mother. Marro found that on an average 41 per cent. of the criminals he examined had a drunken parent, as against 16 per cent. for normal persons.

Nor is it necessary that the alcoholism should be carried so far as to produce great obvious injury to the parent. The action of the poison may be slow and carried on from generation to generation. The fathers eat sour grapes; the children’s teeth are set on edge.

The relation of alcoholism to criminality is by no means so simple as is sometimes thought; alcoholism is an effect as well as a cause. It is part of a vicious circle. For a well-conditioned person of wholesome heredity to become an inebriate is not altogether an easy matter. It is facilitated by a predisposition, and alcoholism becomes thus a symptom as well as a cause of degeneration. The conclusions of Dr. Crothers, who has devoted considerable study to this subject, are worthy of attention. He believes that we do not sufficiently study the origin of inebriety. His conclusions are—(1) that inebriety is itself evidence of more or less unsoundness; (2) in a large proportion of cases it is only a sign of slow and insidious brain disease; (3) when crime is committed by inebriates, the probability of mental disease is very strong; (4) using spirits to procure intoxication for the purpose of committing crime is evidence of the most dangerous form of reasoning mania. The crime and the inebriety are only symptoms of disease and degeneration, “whose footprints can be traced back from stage to stage.”[32] It may be added that the danger of alcoholism, from the present point of view, lies not in any mysterious prompting to crime which it gives, but in the manner in which the poison lets loose the individual’s natural or morbid impulses, whatever these may be.

If we set aside these slow and subtle causes and symptoms of degeneration—causes which, while they may have long been recognised, are only now beginning to be understood—there is no doubt whatever that the criminal parent tends to produce a criminal child. There are, as Vidocq said, families in which crime is transmitted from generation to generation, and which seem to exist merely in order to prove the truth of the old proverb: bon chien chasse de race. The investigations at Elmira showed that in 51.8 per cent. the home was “positively bad,” and only “good” in 8.3 per cent. A large number of the criminals investigated by Rossi (Studio sopra una Centuria di Criminali) belonged to criminal families. Two typical examples may be given:—N. N., condemned for fraud and violence; father, alcoholic, convicted of fraud; mother, healthy; six brothers, died young; one brother, a monster; another brother, born with webbed fingers; another brother, highway-robber; another brother, convicted of wounding; two sisters, one insane, the other a prostitute. R. S., a thief, camorrista, convicted of wounding, etc; father, convicted of wounding; paternal uncle, a thief; mother, a drunkard, convicted for fraud and wounding; maternal grandfather, insane; maternal uncles, camorrista; one brother, pickpocket, who five times feigned madness; another brother, camorrista, convicted of fraud; another, thief; another, receiver; another, camorrista and thief; a sister, honest and healthy.

Sometimes the criminal tradition is carried on through many generations and with great skill, a kind of professional caste being formed. The Johnson family of counterfeiters in America is an example of this. The grandfather was a famous counterfeiter in his day; the next generation were well known to the police; in the third generation criminal audacity and skill appear to have reached a very high degree in seven brothers and sisters, one of them, especially, being considered one of the most expert counterfeiters of the day; he has spent a large part of his life in various prisons.

The so-called “Jukes” family of America is the largest criminal family known, and its history, which has been carefully studied, is full of instruction.[33] The ancestral breeding-place of this family was in a rocky inaccessible spot in the state of New York. Here they lived in log or stone houses, sleeping indiscriminately round the hearth in winter, like so many radii, with their feet to the fire. The ancestor of the family, a descendant of early Dutch settlers, was born here between 1720 and 1740. He is described as living the life of a backwoodsman, “a hunter and fisher, a hard drinker, jolly and companionable, averse to steady toil,” working by fits and starts. This intermittent work is characteristic of that primitive mode of life led among savages by the men always, if not by the women, and it is the mode of life which the instinctive criminal naturally adopts. This man lived to old age, when he became blind, and he left a numerous, more or less illegitimate, progeny. Two of his sons married two out of five more or less illegitimate sisters; these sisters were the “Jukes.” The descendants of these five sisters have been traced with varying completeness through five subsequent generations. The number of individuals thus traced reaches 709; the real aggregate is probably 1200. This vast family, while it has included a certain proportion of honest workers, has been on the whole a family of criminals and prostitutes, of vagabonds and paupers. Of all the men not twenty were skilled workmen, and ten of these learnt their trade in prison; 180 received out-door relief to the extent of an aggregate of 800 years; or, making allowances for the omissions in the record, 2300 years.[34] Of the 709 there were 76 criminals, committing 115 offences. The average of prostitution among the marriageable women down to the sixth generation was 52.40 per cent.; the normal average has been estimated at 1.66 per cent. There is no more instructive study in criminal heredity than that of the Jukes family.

§ 7. Tattooing.

The practice of tattooing is very common among criminals, and is frequently carried to an extraordinary extent, twenty or thirty designs being occasionally found on the same subject. Lombroso was the first to point out the full biological and psychical significance of this practice.

Arms of criminal whose whole body was
more or less tattooed. (Lombroso.)

Alborghetti found 15 per cent. of the inmates of the prison at Bergamo tattooed. Lombroso examined 100 children at the reformatory at Turin, and found 40 of them tattooed. Among 235 other youthful criminals he found 32 per cent. tattooed. Among the ordinary population tattooed children are very rarely seen. Rossi found 23 tattooed among the 100 criminals whom he has so carefully studied. Lacassagne among 800 convicted French soldiers found 40 per cent. tattooed.[35]

The designs vary in character, but certain emblems are frequently repeated. Tardieu out of 160 designs found 20 relating to love, 20 to war, 8 to religion, 8 to occupation, 6 to obscene practices.

A French glazier, thief, deserter from army; had been in Africa.
The chief figure on breast is St. George. (Lombroso.)

Dr. Greaves, the medical officer of Derby Prison, has kindly noted details of the tattoo marks observed on the prisoners received there during three months. Out of 555 persons admitted, 41 (40 men and one woman) were tattooed; i.e., 7.3 per cent. The tattooed individuals were chiefly soldiers, with a few miners and sailors. The favourite devices were flags, ships, anchors, female figures, bracelets, and initials. There were two inscriptions, “Love” and “Jesus wept”; and among the less common devices were a crucifix, Maltese crosses, a ballet girl, a mermaid, and Chinese flower-pots. The most numerous and complex figures were all found on soldiers.

The designs most frequently found by Rossi among his 23 tattooed criminals were—portrait of mistress or nude woman (8); initials, either of self, mistress, or friend (9); a transfixed heart, an emblem sometimes of love, sometimes of vengeance (5); flowers, comets, swords, serpents, etc.

Tattooed inscriptions, as noted by Lacassagne, who has given special attention to this matter, are frequently characteristic of the criminal’s mental attitude; here are a few of the commonest: “Son of misfortune,” “No luck,” “Death to unfaithful women,” “Vengeance,” “Son of disgrace,” “Born under an unlucky star,” “Child of joy,” “The past has deceived me.”

The favourite position for tattooing, among the ordinary population, is the front of the forearm; to a less degree the shoulders, the chest (especially sailors), or the fingers. All who are tattooed on the back or the sexual organs (according to Lombroso) have without exception either been among the Pacific islands or sojourned in a prison. The greater number of tattooed criminals are naturally found among recidivists and instinctive criminals, especially those who have committed crimes against the person. The fewest are found among swindlers and forgers, the most intelligent class of criminals. There is evidence that criminals frequently refrain from tattooing themselves because they know these marks form an easy method of recognition in the hands of the police. It appears that, in Italy at all events, the connection between tattoo marks and crime has been of late recognised by the common soldiers. In 1848 the soldiers of the Piedmontese army considered tattooing a mark of virility. Recently, when Lombroso asked a soldier why he was not tattooed, he replied: “Because those are the things that lead to the galleys;” and an army doctor assured Lombroso that tattooed men were considered a priori as bad soldiers.

PLATE VIII.

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Right arm of G., French thief, etc.,
expelled from France, and wandered
in Africa and Australia.
(Lombroso.)
M. J., French sailor and deserter;
the nature of his crime is unknown.
(Lombroso.)

The causes that produce tattooing are doubtless of a complex kind. Religion, formerly and still among some races a chief cause of the practice, was up to 1688 practised at Bethlehem by the Christian pilgrims, and still survives at Loretto. Of 102 tattooed criminals, 31 bore religious emblems. Vengeance frequently leads to it among criminals, and among the feebler ones the spirit of imitation. Idleness often explains it among prisoners, shepherds, and sailors.[36] Vanity is almost as powerful a cause among criminals as among savages. “The more one is tattooed,” said a Neapolitan soldier to Rossi, “the more one is esteemed and feared by one’s companions, because it shows greater progress in the path of crime.” Higher emotions always play a considerable part; and recollections of childhood and the memory of loved friends are thus recorded. Lacassagne attributes considerable importance to tattooing as a species of heraldry used by uneducated people, analogous to the banners and seals of corporations. Erotic passion is a very frequent—probably the most frequent—cause of tattooing. All sorts of symbols of love, from the initials of the loved one to the grossest emblems of unnatural passion, are very common. The tattoo designs among prostitutes are usually of this character; and such emblems are common among pæderasts and tribades. Among savages nudity is of course one of the predisposing causes, and the same cause acts among sailors and prostitutes. Lombroso attaches prime importance to atavism. In the strict sense of the word, however, I doubt very much whether we can legitimately accept the atavistic explanation. The criminal is exposed to many of the influences which lead the savage to adopt the practice, the chief of which have been already enumerated; this is a sufficient explanation of the similarity of habit, and it seems scarcely accurate to describe it as atavism. It is better described as a survival. “I regard it,” Lacassagne well says in his instructive work, Les Tatouages, “as the uninterrupted and successive transformation of an instinct. The construction and material expression of metaphor and emblematic language were first adopted by the most elevated classes, who had no other means of communicating or materialising their thoughts. Little by little this method took refuge with those lower classes who have as yet no better means of expressing what they feel and experience. It is in these classes also that vanity, or the need of approbation, predominates, and this has a marked influence in maintaining the custom.”

Tattooing is exceedingly rare among women. Out of 300 women criminals at Turin, Gamba found only five tattooed. Soresina, who examined 1000 prostitutes at Milan, did not find one tattooed. Lombroso, out of 200 criminal women, found only one tattooed; she came from Chioggia, was an adultress who had killed her lover from jealousy, and she had associated much with sailors.[37]

Among the insane tattooing does not seem always to be uncommon. In the lunatic asylum at Ancona, we learn from Dr. Riva,[38] out of 184 men and 147 women no fewer than 16.30 per cent. of the former, and 6.80 of the latter, were tattooed. It is worthy of note that it was chiefly among the more severe and incurable cases of mental degeneration (dementia, alcoholism, epilepsy, congenital mental weakness) that these signs were found. In character and position they differed from those usually found among criminals, by being exclusively worked on the arms and hands, and consisting only of religious symbols, especially the Madonna of Loretto.

§ 8. Motor Activity.

Extraordinary and ape-like agility has frequently been noted among criminals. Every one is familiar with the daring feats of agility by which prisoners frequently escape scatheless from the hands of their guardians. This characteristic appears to be sometimes favoured by unusual length of arm. A thief, incendiary, violator, and murderer, examined by Marandon de Monthyel, showed little abnormal or criminal in his physical character, except an extraordinary agility.

Left-handedness has, by instinct or from accurate observation, been regarded with disfavour in the proverbial sayings of many nations. It is decidedly common among criminals. Examining 81 normal persons, Marro found 70 right-handed, 7 left-handed, and 4 ambidextrous. Examining 190 working-men, he only found 6 left-handed. Altogether the proportion of normal left-handed and ambidextrous persons was 6.2 per cent. Among criminals, on the other hand, with the single exception of highwaymen, the proportion of left-handed and ambidextrous persons was in every case higher. Among 40 assassins in 17.5 per cent.; among 7 incendiaries in 28.5 per cent.; among 44 burglars in 18.1 percent. This corresponds with a greater sensory obtuseness, which has also been observed on the right side among criminals. It is also interesting to note the ambidextrous tendency among children, savages, and idiots.

With the dynamometer, also, there appears to be a slightly greater prevalence of excess of the left hand over the right, judging from Marro’s experiences. It may be of interest to note here that among normal persons the proportion in which the left hand is stronger than the right is by no means small. Thus at the International Exhibition in London in 1884 observations made under Mr. Galton’s superintendence on 400 male adults—artisans, clerks, professional men, etc.—between the ages of twenty-three and twenty-six, showed that in 253 cases the right hand was stronger than the left in squeezing power; in 147 the left was stronger; in 28 both hands were equal. If we divide the individuals thus examined according to occupation the results vary curiously. Of 18 chemists, in 12 the right hand was stronger, in 5 the left, in 1 both were equal. Of 9 carpenters and joiners, in 4 the right hand was stronger, in 3 the left, in 2 both were equal. Of 87 clerks, in 52 the right hand was stronger, in 29 the left, in 6 both were equal. Of 9 medical men, in 5 the right hand was stronger, in 4 the left. Of 7 clergymen and ministers, in 3 the right hand was stronger, in 3 the left, in 1 both were equal. The high proportion of right-handed squeezers among the chemists is no doubt due to the effects of occupation, to the constant practice of gripping heavy bottles with the right hand. Occupation also, no doubt, among the carpenters and joiners, favours squeezing power in the left hand. The factor of occupation is less obvious among clerks, but would no doubt favour the right hand, and among these the proportion keeps very close to the average among the 400. The doctors are almost as left-handed in this respect as the carpenters, though the result can scarcely be influenced by occupation; while the clergymen, who are certainly most free from the influence of occupation in this respect, are the most left-handed of all, although here the figures are too small to allow of any very reliable results.

It seems that sufficient care has not yet been taken to determine what constitutes left-handedness. The relative strength of the two hands is not enough to decide this, for mancinism, or left-sidedness, is a matter of relative skill as well as of relative strength. It is quite possible for a person to be left-handed in some respects, right-handed in others; thus (as happens to be the case with the present writer) he may be right-handed in regard to all those actions which are exercised habitually and socially, or which are the result of training, and left-handed in all other respects. In such a case there appears to be a natural tendency to left-sidedness, which is controlled and concealed by training, but which takes every opportunity to assert itself in more unguarded directions. It appears to me that the act of throwing a stone, an act requiring delicate nervous adjustment as well as muscular force, and which is not subjected to the influence of artificial training, is for practical purposes the most convenient and accurate test for determining left-handedness. This was the test adopted by Clapham and Clarke; they found that 6 per cent. of the 500 criminals examined were left-handed.[39]

Ottolenghi has recently investigated the anatomical mancinism of criminals. At the suggestion of Lombroso, he has measured with Bertillon’s instruments, which give the maximum of precision, the length of the hands, the middle fingers, and the feet in 100 criminals and 50 normal persons. Differences of less than a millimetre he disregarded. He found that while the right hand was longer in 14 per cent. of the normal persons, it was so in only 5 per cent. of the criminals generally, and in none of the thieves and pickpockets. In 35 per cent. of the pickpockets the left hand was longer as against 11 per cent. in the normal persons. Very similar results came out in regard to the fingers. In 38 per cent. of the normal persons the right foot was longer, in only 27 per cent. of the criminals; in this respect, however, the pickpockets (35 per cent.) most nearly approach the normal, while those convicted of wounding, who in regard to the hand are nearest to the normal, are in this respect farthest from the normal. In 15 per cent. of the normal persons the left foot was longer, in 35 per cent. of the criminals, including 55 per cent. of the cases for wounding, and in 56 per cent. of the sexual offenders. It should be added that this anatomical mancinism is not necessarily related with motor mancinism.[40]

Anomalies of the tendon reflex of the knee are very common among criminals; they are either exaggerated or, very frequently, absent. Lombroso found feeble tendon reflexes especially common among thieves, and a very large proportion of exaggerated tendon reflexes among sexual offenders. Marro also found the highest proportion of exaggerated reflexes (the enormous proportion of 40 per cent.) among sexual offenders. There was an alcoholic or insane parentage among 79 per cent. of those with exaggerated reflexes.

§ 9. Physical Sensibility.

The extent to which tattooing is carried out among criminals, sometimes not sparing parts so sensitive as the sexual organs, which are rarely touched even in extensive tattooing among barbarous races, serves to show the deficient sensibility of criminals to pain.[41] The physical insensibility of the criminal has indeed been observed by every one who is familiar with prisons. In this respect the instinctive criminal resembles the idiot to whom, as Galton remarks, pain is “a welcome surprise.” He may even be compared with many lower races, such as those Maoris who did not hesitate to chop off a toe or two, in order to be able to wear European boots. Dr. Felkin found the maximum distance at which two points of a compass could be distinguished at the tip of the tongue was in an average European 1.1 mm., in a Soudanese 2.6 mm., in a negro 3 mm.

Lauvergne mentions a convict, imprisoned for life, who smiled with pleasure when, moxas having been applied to him, he saw his skin burning and heard it crack. Sbro ... (who killed his brother and his father), Lombroso’s favourite typical case of “moral insanity,” was found by Tamburini and Seppilli to be without perception of pain when tested with a needle. Other criminals have been found very deficient in sensibility to the electric current. Dr. Nicolson remarked: “They are comparatively free from that agitation and tremulousness which are so apt to arise under circumstances involving suspense and painful foreboding. The prisoner with the knowledge of a probable flogging on the morrow, instead of giving way to restlessness and anxiety, maintains a calm and stolid behaviour.” It is not uncommon to read in the newspapers of criminals who hold out their hands to be handcuffed without the slightest trembling, and who eat heartily on the eve of execution, or even while the jury above are still deliberating on their fate.

One of Rossi’s hundred criminals received when a child his father’s blows “as caresses,” and he was able to walk with a dislocated foot from Genoa to Novi (some thirty miles); another wounded himself severely and declared that it gave him no pain. Dr. Penta, in the course of his elaborate researches, found that the majority of his 184 instinctive criminals at Santo Stefano were insensible to the pain of punctures, burns, cuts, and even grave surgical operations. “I have extirpated tumours,” he remarks, “of considerable size, in the back and the neck, without the necessity of producing anæsthesia, and without causing pain; in a case of feigned epilepsy ammonia to the nose caused no reflex phenomenon, and deep puncture and burning of the skin produced no painful contraction.”

This insensibility shows itself also in disvulnerability, or rapid recovery from wounds, first pointed out by Benedikt, which appears to be a frequently observed phenomenon among criminals; thus it had been noticed by several of the medical officers of prisons who answered my Questions.[42] In this respect the instinctive criminal resembles the lower animals as well as the lower races of man; among the Egyptians, Chinese, and Annamites, and other races, wounds heal much more rapidly than in Europe. Thus Mr. Tregear remarks:—“I have seen a Maori speared with a big rafting-spear (an iron-shod pole thicker than the wrist), the point driven through the breast, just under the collar-bone, and coming out at the back. In a week’s time he walked fifteen miles, crossing a mountain range, the wound being healed.”[43] Benedikt speaks of a brigand who, in a revolt of prisoners, had several vertebræ broken; all his wounds healed, and the giant of former days became a dwarf, but he could work at the forge with a heavy hammer with all his old vigour. Lombroso knew a thief whose frontal bone was cloven laterally with a hatchet; in fifteen days he was cured without any relapse. He speaks also of a murderer who, when working as a mason, was reproved for some fault; he threw himself from the third storey into the court; every one supposed he was killed, but he got up, smiling, and asked to be allowed to continue work. A pregnant woman performed on herself Cæsarean section with a kitchen knife, subsequently killing the child; she recovered without dressings and without fever. We hear also of a criminal with a fractured rib and pleurisy who could hew wood and travel in a cart over rough mountain roads. “Individuals who possess this quality,” Lombroso remarks, “consider themselves privileged, and treat with contempt those who appear delicate and sensitive. It is a pleasure to such men to torment others whom they regard as inferior beings.”

Though loud in their complaints of trivial ailments, they are often unconscious of severe illness. At Chatham, in 1888, a prisoner dropped down dead on returning from labour; both lungs were found in an early stage of pneumonia, and death was probably due to syncope; he had made no complaints to any one. Prisoners will inflict severe injuries on themselves in order to gain some very trifling object. At Chatham, in 1871-72, 841 voluntary wounds or contusions are recorded; 27 prisoners voluntarily fractured a limb, and 17 of them had to submit to amputation; 62 tried to mutilate themselves, and 101 produced wounds by means of corrosive substances. Lombroso found the general sensibility decreased in 38 out of 66. Working with Du-Bois Reymond’s electrical apparatus, in conjunction with Marro, he found the sensibility of the criminals much inferior to that of the normal persons examined. Swindlers possessed much greater sensibility than murderers and thieves. Marro found sensibility, measured by an esthesiometer, most obtuse in murderers and incendiaries. Similar results were obtained by Ramlot, in reference to tactile sensibility; he examined 103 criminals and 27 normal persons, and found obtusity in 44 per cent. of the former, and in only 29 per cent. of the latter.[44] It should be noted that cases of excessive sensibility, due either to extreme pusillanimity, or to some morbid condition of the skin or brain, are also found among criminals.

The eyesight of criminals was found by Bono to be superior to the normal. He examined 190 youthful delinquents, and compared them with over 100 youths of similar age in an agricultural institute, the examination in all cases being made under the same conditions. The visual acuity of 49 per cent. of the criminals was superior to 1.5 Snellen; only 31 per cent. of the honest youths possessed an equal acuteness.

Ottolenghi obtained similar results.[45] He examined 100 criminals with Snellen’s types in the open air, using various precautions to ensure uniformity and accuracy. The results were—

Visus(average)for82thieves=1.8
"" 18homicides=2.2
"" 100criminals=2.0

In one of the homicides sight was exceedingly keen (V = 3). He examined 15 warders, between the ages of 27 and 45, under the same conditions, and found vision = 1.5. Further observations on this point are needed, as previous observers (Bielakoff, for instance) have found the sight of criminals inferior to the normal. If Ottolenghi’s results are confirmed by extended observation, there is an interesting analogy on this point between criminals and many lower races. Thus examinations by Seggel in 1881 yielded the following results—

Terra del Fuegians V = 5
Nubians V = 3
Georgians V = 1¾

while among German and Russian soldiers the average varied between 1⅖ and 0.95.

Ottolenghi also found colour-blindness very rare; he met with one case (green-blindness) among 460 criminals tested with Holmgren’s wools. This result also corresponds with examinations of lower races, such as Samoyeds, Lapps, Esquimaux, Nubians, etc. It should be added that this result also needs confirmation, as it does not correspond with other observations. Thus Holmgren found that colour-blindness existed in 5.60 per cent. of 321 criminals, while among 32,000 of the ordinary population the proportion was scarcely 3.25 per cent. Dyschromatopsia has been found common, a fact of great significance, since this disorder is so frequently connected with grave disturbance of the nervous system.

The healthiness of eye in criminals, if confirmed, may be compared with a similar condition in imbeciles. In a study of twenty young adult male imbeciles of a minor degree than idiocy, Dr. Oliver found vision normal and colour perception apparently normal, and the eyes singularly free from the slight morbid changes so common in the eye. This condition, “which is shown by a proper balance of muscular action, a persistence of congenital hypermetropia, and an abnormally healthy appearance of the eye-ground (presenting a picture that is almost identical to the one seen during infantile existence), may be considered as significant of a type of unused, healthy, adult human eye.”[46]

The hearing of criminals is relatively obtuse, and they are prone to disease of the ear. Thus Dr. Gradenigo, at the request of Lombroso, undertook a series of researches into the matter,[47] in 110 instinctive and occasional criminals. Of the 82 criminal men he examined, 55 (67.3 per cent.) proved to be inferior to the normal. Of these 82, there were 40 who were instinctive criminals, and of these 29 (72.5 per cent.) had defective hearing. Of the 28 women, 15 (53.5 per cent.) possessed hearing inferior to the normal. Four of the women, however, possessed hearing much superior to the normal average.[48] Gradenigo found that the defective hearing was due in the great majority of cases to inflammatory affections of the middle and internal ear. He found no constant relation between defective hearing and obtusity of touch, taste, and smell, frequently found among criminals.

Ottolenghi has examined the olfactory acuteness of 80 instinctive criminals (50 men and 30 women) and 50 normal persons of the middle and lower classes. He constructed a kind of osmometer consisting of twelve acqueous solutions of essence of cloves, contained in similar bottles in similar quantities. The solutions were graduated from 1⁄50000 to 1⁄100.[49] Beginning with the weakest solution he noted when olfactory sensation commenced; and he also used the method of Nichols and Bailey, inviting the subject to arrange the bottles in order of intensity. The result, unlike what he had expected, was to show distinctly that the olfactory sense is less developed in the criminal than in the normal person, and slightly less in the criminal women than in the criminal men. Among normal persons (as Nichols and Bailey had previously found) the olfactory sense of women is less keen than that of men. Among the 80 criminals, 8 (6 men and 2 women) possessed no olfactory sensibility; in 2 of these there was entire absence of perception, in 6 absence of specific sensation.

Ottolenghi has also investigated the sense of taste in criminals.[50] He examined 60 instinctive criminals, 20 occasional criminals, 20 normal persons of the lower class, 50 students and professional men, 20 criminal women and 20 normal women, all healthy and robust, and for the most part between the ages of twenty and fifty. The three test substances used were sulphate of strychnia, saccharine, and common salt; various precautions (attention to uniformity of amount of solution used, temperature of solution, cleanliness of mouth, etc.) were adopted in order to make a series of experiments, full of practical difficulties, as reliable as possible. From these experiments, it appeared that the sense of taste is more developed in the normal man than in the criminal, and more developed in the occasional criminal than in the instinctive criminal. He found gustatory obtuseness in 38.3 per cent. of the instinctive criminals, in 25 per cent. of the lower class men examined, and in 14 per cent. of the professional men. The criminal women also showed a larger proportion of gustatory obtuseness than the normal women. He noted, however, that the women who passed as normal, but who were given to vice and prostitution, showed an even larger percentage of gustatory obtuseness than criminal women. The defect in gustatory acuteness seemed to him generally to be rather of a qualitative than quantitative character. The generic excitation was produced in a large number of cases as soon as in the normal person, but the specific sensation was very retarded. The subject was conscious of a taste, but could not tell of what kind it was; that is to say, the defect was situated centrally, in the cerebral cortex, rather than in the sensorial apparatus.

It is worthy of note that criminals begin to use tobacco at an early age. Thus among a population which normally begins to smoke before the age of thirty only in the proportion of 14 per cent. (and the insane 7.2 per cent.), 22 per cent. of criminals smoke before the age of thirty, and nearly all (279 out of 300 males and 32 out of 32 women) before entering prison. Venturi[51] found tobacco used by 14.3 per cent. of normal men, 1.5 of normal women; 45.8 of criminal men, 15.9 of criminal women. Marambat[52] concluded that the love of tobacco was the first passion that rooted itself in the youthful criminal. Out of 603 juvenile delinquents, between the ages of eight and fifteen, 51 per cent. had acquired the custom of using tobacco before their detention.

Lombroso notes that the sensibility of criminals to the weather appears to be greater than that of the ordinary population. He found it in 29 out of 112. There were 9 who became quarrelsome shortly before storms, and one of these remarked that his companions always foretold bad weather when he sought to quarrel. Dostoieffsky observed that quarrels and disturbances were particularly common among the convicts in the spring. What is true of the Russian prisoners in Siberia seems also to be true of American prisoners at New York. From some tables given by Dr. Wey of Elmira it appears that marks for bad conduct are specially numerous in the spring, and also, to some extent, in the autumn.

Vaso-motor Sensibility.—Inability to blush has always been considered the accompaniment of crime and shamelessness. Blushing is also very rare among idiots and savages; the Spaniards used to say of the South American Indians: “How can one trust men who do not know how to blush?” From the investigations of Amadei, Tonnini, and Bergesio, it appears that if we compare lunatics and criminals, twice as many of the latter are incapable of blushing. Pasini, in his examinations of women, noted blushing in 21 per cent. of murderers, 20 per cent. of poisoners, 18 per cent. of infanticides, and only 10 per cent. of thieves. It was not at the mention of their offences that they blushed, but when questioned concerning their menstrual functions. Out of 130 criminal women examined by Salsotto, 50 blushed when spoken to concerning their offences. Dr. Andronico of Messina communicated to Lombroso some interesting, though too general, observations concerning the prostitutes and young female criminals in prison under his charge. “Among the inscribed prostitutes,” he remarks, “none blushed when questioned concerning their occupation. I have seen some of them blush when reproached for unnatural practices. I have noted that female homicides narrate their deeds ingenuously and without blushing; those who have poisoned their husbands blush, but partially. Among female prisoners condemned for theft, blushing shows itself first on the ears, then on the face; those who are condemned for excitation to prostitution do not blush.”

In order to test the vaso-motor reactions of the criminal to various thoughts and emotions, Lombroso made a series of very interesting experiments, during the course of a year, with the sphygmograph and with Mosso’s ingenious and valuable instrument, the plethysmograph. With the sphygmograph (or, rather, the hydrosphygmograph) he observed the degree of excitement produced on various individuals by the sight of wine, cigars, food, money, and photographs of nude women. The plethysmograph is a delicate instrument for measuring mental excitement, depending on the fact that the slightest emotion causes an alteration in the amount of blood present in any part of the body.[53] With the plethysmograph Lombroso found that the strongest impressions (superior to the normal) were produced by cowardice, fear of the judge, some favourite mode of excitement (wine or women), but above all, by vanity. It is not, however, easy to generalise from his observations; it is necessary for such observations to be carried on during a long period on a great number of persons, normal as well as criminal, and to be carefully controlled. They are of very great interest, for they enable us to penetrate into the most secret recesses of the mind, and to measure the force of the motives that move it. It is to be hoped that they will be conducted on a much larger scale than they have hitherto been.

All these researches into the physical sensibilities of the criminal are of the first importance, and it is necessary that they should be greatly extended and carefully checked. So far they nearly all converge to show that the criminal is markedly deficient in physical sensibility. On this physical insensibility rests that moral insensibility, or psychical analgesia, as it has been called, which is, as we shall see, the criminal’s most fundamental mental characteristic.


CHAPTER IV.

CRIMINAL ANTHROPOLOGY (PSYCHICAL).

§ 1. Moral Insensibility.

The moral insensibility of the instinctive and habitual criminal, his lack of forethought, his absence of remorse, his cheerfulness, had been noted long before they were exhaustively studied by Despine. In the argot of French criminals, conscience is la muette, and to induce any one to lead a dishonest life is l’affranchir. This moral insensibility is, indeed, a commonplace of observation with all who have come in close contact with criminals. Gall remarked: “If criminals have remorse, it is that they have not committed more crimes, or that they have let themselves be caught.” Dostoieffsky, speaking from his intimate and sympathetic acquaintance with convicts in Siberia, said: “During so many years I ought to have been able to seize some indication, however fugitive, of regret, of moral suffering. I have perceived positively nothing. Seclusion and excessive work only develop among those people a profound hatred, the thirst of forbidden pleasures, and a terrible indifference.” He goes on to tell of a parricide who remarked carelessly, in the course of conversation: “Take my father, for example; he was never ill up to the day of his death.” “Scenes of heartrending despair are hardly ever witnessed among prisoners,” observes Dr. Wey of Elmira; “their sleep is disturbed by no uneasy dreams, but is easy and sound; their appetites, also, are excellent.”[54] “It is a most singular thing,” remarks Mr. Davitt, “that I have met very few individuals in prison who gave evidence in appearance or talk of being truly miserable, no matter what the length of their sentence, amount of extra punishment, or contrast between their previous and their convict life may have been.”[55] Mr. Davitt seems inclined to attribute this sinister contentment to a sort of heroic fortitude providentially implanted in the criminal breast. He refers, however, to one man who never smiled during the time he was in Dartmoor. “His existence seemed to be one perpetual sorrow, and he formed altogether the most striking exception to the rule of non-despairing prisoners which came under my notice during my long intercourse with Dartmoor’s criminal population.” Now this man was a Swansea stone-mason who had come home one Saturday evening “a little fresh,” but not drunk, to find his wife in tears, and on learning that she had been insulted by a man who lived on the other side of the street, he rushed out, chisel in hand, to the man’s house and left him desperately wounded. It is clear that this man, who was sentenced to seven years’ penal servitude, was not an instinctive criminal, or an habitual criminal at all; it was the strength of his social, and not of his anti-social, instincts which had caused his crime. He was merely a criminal by passion, and his case forms, therefore, no exception to the general rule.

On the whole we may conclude that the practice of the instinctive and habitual criminal corresponds very closely with the faith of that religious sect who in Commonwealth days held “that heaven and all happiness consists in the acting of those things which are sin and wickedness,” and “that such men and women are most perfect and like to God or eternity which do commit the greatest sins with least remorse.”

Despine, in his Psychologie Naturelle (1868), studied this question on the largest scale in order to obtain exact results. “I addressed myself for this purpose,” he tells us, “to the collection of the Gazette des Tribunaux, going back to 1825, and I soon acquired certainty that this psychical peculiarity is an invariable rule among these criminals.... I acquired the certainty that those who premeditate and commit crime in cold blood never experience moral remorse. I found also that those who manifest acute sorrow and real remorse after a criminal act, have committed that act either under the influence of a violent passion which has momentarily stifled the moral sense, or by accident, without intention.” He concludes that the two great psychical conditions for crime are moral insensibility and perversity, with two accessory moral anomalies, imprudence and lack of foresight.

“You premeditated your crime?” said the judge. “Yes, for eighteen months.” “But that is monstrous.” “I know; I ought to have done it in April, but having no money, I arranged it for January.” A murderer, after receiving sentence, was led out in the midst of a crowd who hurled imprecations at him. He saw a comrade and shouted to him, almost laughing—“Hallo! I’ve just been condemned to death.” An Albanian, after having killed a traveller to rob him, lamented that the expense of the shot amounted to five paras; he had only found four paras on the victim; that was his one regret. An assassin after his crime passed two days eating and drinking with a comrade; “he was as gay as a lark,” said the latter. “But,” said the judge to the accused, “one fact indicates remorse on your part: you were about to cut your throat when arrested.” “That was that I might not be taken to prison.”

Wainewright unblushingly avowed his atrocities. How could he kill such an innocent and trustful creature as Helen Abercrombie, he was asked once. After a moment’s reflection he replied, “Upon my soul I don’t know, unless it was because she had such thick legs.”

It would be easy to give many similar stories exhibiting the moral insensibility of the instinctive criminal, frequently manifested in brutal bravado. They are, however, easily accessible and of sufficient notoriety. It is enough to give one more. A corporal at Paris killed an old woman, the landlady of an inn, in order to rob her. He was condemned to death without any hope that his penalty would be commuted. He knew this, but was not disturbed, and was proud of his calmness and sangfroid; he talked to his warders on the most various subjects, without reference, however, to his crime; read books from the prison library, and finally devoted himself to what he called the literary labours of his last hours. He had a taste for verse, and wrote a drama concerning his crime. “Death!” he often said to those around him; “I cannot fear it either as a soldier or as a philosopher. Yet it is overtaking me in my youth and strength. It is a terrible thing, but I am prepared, and I shall go to my execution courageously and with head erect.” The acts of this Socratic criminal agreed with his words. He slept peacefully, rose and dressed himself with a smile on his lips, glad, as he said, to find himself still in this world, where it is, after all, so pleasant to live. His appetite was always good, and he joked with the warder who attended him about the small amount of food supplied to him. “Patience!” he exclaimed, “à la guerre comme à la guerre.”

An executioner told Lombroso that all the highwaymen and murderers went to their deaths joking. It would, however, be a mistake to trace moral insensibility in the tranquil avocations and bon-mots of men who, whatever their crimes, are about to pay the extreme forfeit for them. One criminal occupied his last hours with arranging his unpublished literary works; another gave lessons in hygiene to the warders; a third remarked to those who sought to hurry him to the place of execution, “Do not be disturbed; they will not begin without me.” Such stories have, however, been recorded of the most eminent political offenders in all countries.

PLATE IX.

Dr. Corre, in his interesting work, Les Criminels, has investigated the historic and judicial documents relative to the last moments of 88 criminals condemned to death, of whom 64 were men and 24 women. Of the men 25 died in a cowardly manner, already half-dead with fear, or else after a despairing struggle with the executioner. These were more than two-fifths of the whole number, and included many of the chief criminal celebrities, some of them educated men, doctors and priests. Four accepted their fate in a state of extreme nervous excitement, accompanied by loquacity. Twelve maintained to the end a cynical and theatrical attitude; these were vain individuals, often with some pretensions to literary ability; Lacenaire is the type of them. Five died with indifference, an impassivity which recalls the insensibility of the brute or the unconsciousness of the madman. Eighteen went out of the world with a calm and resigned courage, often repentant, and prepared by the exhortations of the priest. They belonged to various social classes. Those of the lower classes were generally more sincere, and publicly avowed their guilt, holding themselves up as warnings to others; those belonging to the middle classes, anxious to leave behind a doubt as to their guilt, declared themselves innocent; others were silent. Of the 24 women, only 5 (about one-fifth) showed cowardice. Only one, a poisoner, showed “revolting cynicism.” The rest, 18 in number, were self-possessed and resigned, frequently repentant, and generally consoled by religious administrations. In this category is included the Marquise de Brinvilliers, who for a long quarter of an hour was exposed to an immense crowd nearly naked—“mirodée, rasée, dressée et redressée par le bourreau,” wrote Mme. de Sevigné—with unshaken firmness. Three-fourths of the women, little more than one-fourth of the men, are among those who died with resigned self-possession. The cynicism, cowardice, and brutal passivity of the others alike testify to moral insensibility.

Out of more than 400 murderers Bruce Thomson had known, only three expressed remorse. Of the 4000 criminals who have passed through Elmira, 36.2 per cent. showed on admission positively no susceptibility to moral impressions; only 23.4 per cent. were “ordinarily susceptible.” Dr. Salsotto, in his recent study of 130 women condemned for premeditated assassination or complicity in such assassination,[56] was only able to recognise genuine penitence in six. He is careful to point out that precise statistics on this point are of no great value, unless they are associated with a very intimate knowledge of individual criminals; the assumed penitence is seldom real, and the real penitence is not obtrusive. Dostoieffsky, the most profound student of the human heart who has ever studied criminals intimately, has noted this fact—“In one prison there were men whom I had known for several years, whom I believed to be savage beasts, and for whom, as such, I felt contempt; yet at the most unexpected moment their souls would involuntarily expand at the surface with such a wealth of sentiment and cordiality, with such a vivid sense of their own and others’ suffering, that scales seemed to fall from one’s eyes; for an instant the stupefaction was so great that one hesitated to believe what one had seen and heard.”

The moral insensibility of the instinctive criminal is the cause of his cruelty, a cruelty which he frequently displays from his childhood. Rossi found in ten of his 100 criminals an exaggerated and precocious cruelty; one of them, as a child, used to take young birds, pull out their feathers, and roast them alive; another revenged himself on birds for the punishments imposed on him by his parents. A certain amount of cruelty is, however, almost normal in healthy children. The instinctive criminal is more distinctively marked by his continuance of the same practices throughout life. At Buenos Ayres a man killed his father in order to rob him, and not finding the money, he placed his mother’s feet on the fire to make her confess that of which she was ignorant. Another, after killing an entire family, played with the corpses of the children by throwing them in the air and catching them alternately. Another, mentioned by Lombroso, when shown a photograph of his wife whom he had murdered, testified to the identity without the tremor of an eyelid, tranquilly adding that after inflicting the fatal wound he had asked for forgiveness, which had not been granted. A little nursemaid poisoned the twin children under her care with the phosphorus from a box of matches, in order to procure the excitement of going out to the doctor’s and the chemist’s.[57]

In India no motive for murder seems too unnatural or too far-fetched to be occasionally true. “A village schoolmaster in Aligarh (1881) killed one of his pupils; and a stepfather in the same district threw his two stepsons into the Ganges because he was tired of them. A man in Jhansi (1885) killed his daughter because his neighbour had slandered her, in order that the girl’s blood might be upon the neighbour’s head. A master murdered his servant (1881) and threw the body before his enemy’s door, solely in order to bring a false charge against the latter. A similar case occurred in Azamgarh five years later: a boy was murdered by his grandfather and uncle; they threw the body into a sugar-cane field, and then charged the owner with the crime. A still stranger story comes from the Mutha District: Randbir, a Jat, who had once been a thriving man in Randbirpur, fell into the hands of the moneylenders, lost his property and his house, and became for some crooked reason embittered against his old fellow-villagers. He made up his mind to bring them into trouble. Taking his chopper with him, he met a little Chamar girl, whom he took into a temple in Bahadurpur. There he cut her throat and slightly wounded himself, and then brought a charge of dacoity and murder against the people of his old village.”[58]

Such moral insensibility is, no doubt, intimately related to the physical insensibility already noted, and is of an equally morbid or atypical character. It passes far beyond that of the savage with which the moral insensibility involved in deliberately killing or injuring a fellow-creature may fairly be compared. “How you snore!” said one person to another. “Do it again, and I kill you.” An hour afterwards he killed him. Lord Gifford mentions an Australian woman of the Muliana tribe who admitted having killed and eaten two of her own children, who annoyed her by crying. (The Australian aborigines are, however, usually very tender to their children.) A Maori chief said to Mr. Tregear—“If I go out for a morning walk with my spear, and I see a man, and I push my spear through him, that isn’t murder—that is ‘killing.’ But if I invite him to my home, give him food, tell him to sleep, and then kill him, that is ‘murder.’”[59] Such a clear-cut distinction as this testifies to a considerable degree of moral insensibility. It must be noted, however, that while in this respect the criminal approximates to the savage, he is at the same time related to those more or less civilised persons who tolerate killing with equanimity when it is called war.

§ 2. Intelligence.

The two most characteristic features in the intelligence of the average criminal are at first sight inconsistent. On the one hand he is stupid, inexact, lacking in forethought, astoundingly imprudent. On the other hand he is cunning, hypocritical, delighting in falsehood, even for its own sake, abounding in ruses. These characteristics are fully illustrated in the numerous anecdotal books which have been written concerning crime and criminals.

Several attempts have been made to attain accurate figures as to the relative intelligence of criminals, but there must be a considerable element of guess-work in such calculations. Dr. Marro, a reliable observer, detected a notable defect of intelligence in 21 cases out of 500. He found that incendiaries and then murderers yielded the largest proportion of individuals with defective intelligence; then came vagabonds, sexual offenders, those convicted of assault, highwaymen, and those convicted of simple theft. The fraudulent class, as well as pickpockets and burglars, showed no instances of defective intelligence. That is to say that criminals against the person show a much lower level of intelligence than criminals against property.

The stupidity and the cunning of the criminal are in reality closely related, and they approximate him to savages and to the lower animals. Like the savage, the criminal is lacking in curiosity, the foundation of science, and one of the very highest acquisitions of the highly-developed man. He is constantly compared in this respect to animals. Macé, a former chief of the Parisian police de sûreté, remarks: “In spite of the cunning and tricks, which are too gratuitously credited to thieves, their stupidity generally is scarcely credible; they nearly all resemble the ostrich who, when his head is hidden behind a leaf, thinks that he is not seen because he cannot see.” Dr. Corre remarks: “There is something feline in the criminal: like the cat, indolent and capricious, yet ardent in the pursuit of an aim, the anti-social being knows only how to satisfy his impulsive instincts.” Dr. Wey of Elmira says: “It is a mistake to suppose that the criminal is naturally bright. If bright, it is usually in a narrow line and self-repeating. Like the cunning of the fox, his smartness displays itself in furthering his schemes, and personal gratification and comfort.” “Many criminal illiterates,” he remarks elsewhere, “are so densely stupid as to be unable to tell the right hand from the left.” M. Joly, discussing the criminal’s delight in ruse, adds: “Animals are of all living things fondest of ruse when their special instincts are in action. Idle and untrained children, resolved to deceive their teachers and to amuse themselves at all risks, are more rusé than their comrades at the head of the class. Women make use of ruse much more than men.” I will quote, finally, on this point some words of Dr. A. Krauss[60]:—“The specialists say that criminals are more astute than intelligent. But what is this astuteness? It is an instinctive, innate faculty, which does not depend on real intelligence, and which is already found precociously perfected in children, in the lowest savages, in women, and also in imbeciles; although experience comes to its aid, it is never capable of artificial culture. It is essentially a faculty limited to the consideration of concrete cases, and which is chiefly concerned with the deception of others. The mental inertia so often combined with this faculty is recognised in this, that a criminal, in planning a crime, does not calculate all the possible eventualities, and immediately after the success of his action he loses all caution, as if the energy of his mind directed to the project and its execution was exhausted at one stroke. Beside this instinctive faculty, intelligence is a faculty of infinite variety, which matures slowly, and gradually affects language and questions of abstract culture. It needs to be cultivated with diligence, and with the help of a happy organisation of the nervous centres. It often develops late even in highly-gifted men.”

At the same time men of undoubted intellectual power are sometimes found among criminals. Villon, one of the truest, if not one of the greatest of poets, was a criminal, a man perpetually in danger of the gallows; it does not seem to me, however, by any means clear that he was what we should call an instinctive criminal. Vidocq, a clever criminal who became an equally successful police official, and wrote his interesting and instructive Memoirs, may not have been, as Lombroso claims, a man of genius, but he was certainly a man of great ability. Eugene Aram is now generally recognised as a comparative philologist who foresaw and to some extent inaugurated some of the later advances of that science.

PLATE X.

Jonathan Wild is an interesting example of a criminal of great practical ability, a man whose genius for organisation would have made him equal to any position in which he might have been placed. “In the republic of the thieves’ guild”—I quote Mr. Pike’s excellent summary of his career[61]—“Jonathan Wild became as it were a dictator; but like many of the great men of the middle ages, he owed his greatness to double dealing. From small beginnings he became, in London at least, the receiver-in-chief of all stolen goods. He acquired and maintained this position by the persistent application of two simple principles: he did his best to aid the law in convicting all those misdoers who would not recognise his authority, and he did his best to repair the losses of all those who had been plundered and who took him into their confidence. By degrees he set up an office for the recovery of missing property, at which the government must, for a time, have connived. Here the robbed sought an audience of the only man who could promise them restitution; here the robbers congregated like workmen at a workshop, to receive the pay for the work they had done. Wild was, in some respects, more autocratic than many kings, for he had the power of life and death. If he could reward the thief who submitted to him, he could hang the robber who omitted to seek his protection. If he could, for a sufficient fee, discover what had been lost, he could, when his claims were forgotten, make the losers repent their want of worldly wisdom. He was not above his position, and never allowed such a sentiment as generosity to interfere with the plain rules of business. He carried a wand of office, made of silver, which he asserted to be an indication of authority given to him by the government. Valuable goods he carefully stowed away in some of his numerous warehouses; and when there was no market for them in England, through the apathy of the persons robbed, or the dangers to dishonest purchasers, he despatched them on board a ship of his own to Holland, where he employed a trustworthy agent. Like barbarian monarchs, he gave presents when he wished to express a desire for friendship and assistance; and in order that the recipients of these favours might not be compromised, he retained a staff of skilled artizans, who could so change the appearance of a snuff-box, a ring, or a watch, that not even the real owner could recognise it. When satisfied with the good service of any of his subordinates who might be in danger, he gave them posts in his own household, with money and clothing, and found employment for them in clipping and counterfeiting coin. He did not even restrict his operations to London, but, in imitation of other great conquerors and pillagers, or perhaps through the independent working of his own intellect, he divided England into districts, and assigned a gang to each; each had to account to him, as the counties of old to the king, for the revenue collected. And as a well-appointed army has its artillery, its cavalry, and its infantry, so among Jonathan Wild’s retainers there was a special corps for robbing in church, another for various festivities in London, and a third with a peculiar aptitude for making the most of a country fair. The body-guards of a sovereign are usually chosen for their appearance, or for tried valour in the field. Wild’s principle of selection was somewhat different. He considered that fidelity to himself was the first virtue in a follower, and that fidelity was certain only when there was absolute inability to be unfaithful. For this reason the greatest recommendation which any recruit could possess was that he had been a convict, had been transported, and had returned before the time of his sentence had expired. Such a man as this not only had experience in his profession, but was legally incapable of giving evidence against his employer. Through his actions he was always in the power of Wild, who, as the law stood, could never be in his power. Thus Wild’s authority was in two ways supreme. Nor was he the first man who ever abused such authority. He did what political parties had done in earlier times. He used without stint or scruple all the means at his disposal, either to ensure his own safety, or to crush any one whom he suspected. It was necessary, according to the public opinion of his time, that a considerable number of thieves and robbers should be hanged; he satisfied at once the popular notions of justice and his own principles by bringing to the gallows all who concealed their booty, or refused to share it with himself. When required, he provided also a few additional victims in the form of persons who had committed no offence whatever. Sometimes he destroyed them because they were unfortunately in possession of evidence against himself, sometimes only because a heavy reward had been offered for the conviction of any one who might have perpetrated a great crime, and because, with the gang at his back, it was quite as easy to prove the case against the innocent as against the guilty, and not less convenient.” Wild’s greatness had a sudden fall. He was arrested for coming to the rescue of a highwayman near Bow, and his enemies at once took courage. He was speedily overwhelmed with evidence, and was hanged in 1725.

§ 3. Vanity.

The vanity of criminals is at once an intellectual and an emotional fact. It witnesses at once to their false estimate of life and of themselves, and to their egotistic delight in admiration. They share this character with a large proportion of artist and literary men, though, as Lombroso remarks, they decidedly excel them in this respect. The vanity of the artist and literary man marks the abnormal element, the tendency in them to degeneration. It reveals in them the weak points of a mental organisation, which at other points is highly developed. Vanity may exist in the well-developed ordinary man, but it is unobtrusive; in its extreme forms it marks the abnormal man, the man of unbalanced mental organisation, artist or criminal.

George Borrow, who was so keen a student of men, has some remarks on the vanity of criminals in regard to dress:—“There is not a set of people in the world more vain than robbers in general, more fond of cutting a figure whenever they have an opportunity, and of attracting the eyes of their fellow-creatures by the gallantry of their appearance. The famous Sheppard of olden times delighted in sporting a suit of Genoese velvet, and when he appeared in public generally wore a silver-hilted sword at his side; whilst Vaux and Hayward, heroes of a later day, were the best-dressed men on the pavē of London. Many of the Italian bandits go splendidly decorated, and the very gipsy robber has a feeling for the charms of dress; the cap alone of the Haram Pasha, a leader of the cannibal gipsy band which infested Hungary towards the conclusion of the last century, was adorned with gold and jewels to the value of four thousand guilders. Observe, ye vain and frivolous, how vanity and crime harmonise. The Spanish robbers are as fond of this species of display as their brethren of other lands, and, whether in prison or out of it, are never so happy as when, decked out in a profusion of white linen, they can loll in the sun, or walk jauntily up and down.” He then describes the principal features of Spanish robber foppery.[62]

More significant and even more widely spread is the moral vanity of criminals. “In ordinary society,” said Vidocq, “infamy is dreaded; among a body of prisoners the only shame is not to be infamous; to be an escarpe (assassin) is the highest praise.” This is universally true among every group of murderers or of thieves; the author of a large criminal transaction is regarded by all his fellows as a hero, and he looks down upon the others with contempt; the man who has had the misfortune to be imprisoned for a small or, in the opinion of criminal society, disreputable offence, represents himself as the author of some crime of magnitude.

A Russian youth of nineteen killed an entire family. When he heard that all St. Petersburg was talking of him, he said: “Now, my schoolfellows will see how unfair it was of them to say that I should never be heard of.” It is this same weak-minded desire to excite interest and sympathy which leads young men and women of ill-balanced mental organisation to commit suicide in some public and startling fashion. The same feeling, and also, doubtless, the need for expression, leads to the frequency with which criminals keep diaries. The Marquise de Brinvilliers wrote a minute account of her vices and crimes which was brought up in evidence against her; Wainewright appears to have kept a diary of this kind which also fell into other hands; John Wilkes Booth, the shallow-brained young actor who killed President Lincoln, had, with his stagy patriotism, some of the characteristics of the instinctive criminals, showing themselves especially in his morbid vanity. The chief suffering he felt after the deed was to his vanity. He wrote in his diary: “I struck boldly, and not as the papers say; I walked with a firm step through thousands of his friends; was stopped, but pushed on. A colonel was at his side. I shouted Sic Semper before I fired. In jumping broke my leg. I passed all the pickets. Rode sixty miles that night, with the bone of my leg tearing the flesh at every jump.” And again he writes: “After being hunted like a dog through swamps, woods, and last night chased by gun-boats till I was forced to return, wet, cold, and starving, with every man’s hand against me, I am here in despair. And why? For doing what Brutus was honoured for—what made Tell a hero.” And again: “I am abandoned, with the curse of Cain upon me, when, if the world knew my heart, that one blow would have made me great.”

The excessive vanity of the criminal sometimes leads him to commit the imprudence of talking about his plans beforehand, and so courting detection. Before killing three rich men, a murderer was heard to say, “I want to do something great: oh, I shall be talked about!” We hear of Wainewright’s “insatiable and morbid self-esteem.” He enjoyed the respect paid to him in prison, and insisted upon being treated as a gentleman. A prisoner concluded a letter to her accomplice, “Your Lucrezia Borgia.” Sometimes the vanity of the criminal shows itself in the artistic or dramatic representations which he makes of his crime. Perhaps the most curious and audacious attempt is that recorded by Lombroso, who gives a representation of it: three assassins had themselves photographed as they appeared with knives in their hands and looks of resolute villainy, when about to commit the deed.

The Abbé Moreau has described the reception of a great criminal by his fellows at the prison of La Grande Roquette. He is immediately surrounded, though the curiosity remains respectful; “he is a king in the midst of his subjects; envious looks are cast at those privileged individuals who have succeeded in placing themselves near him; they listen eagerly for his slightest word; they do not speak their admiration for fear of interrupting him, and he knows that he dominates and fascinates them.”

§ 4. Emotional Instability.

The criminal everywhere is incapable of prolonged and sustained exertion; an amount of regular work which would utterly exhaust the most vigorous and rebellious would be easily accomplished by an ordinary workman. He is essentially idle; the whole art of crime lies in the endeavour to avoid the necessity of labour. This constitutional laziness is therefore one of the chief organic bases of crime. Make idleness impossible and you have done much to make the criminal impossible. It is not without reason that French criminals call themselves pègres (from pigritia), the idle. Lemaire, a notorious French criminal of the beginning of the century, was speaking for all his class when he said to his judges: “I have always been lazy; it is a shame, I admit, but I am not adapted for work; to work one needs an effort, and I am incapable of it; I only have energy for evil; if one must work I do not care about life; I would rather be condemned to death.”

While he is essentially lazy, and exhibits this even in his general neglect of personal cleanliness (though sometimes dressed outwardly as an ordinary man of the world), the criminal is capable of moments of violent activity. He cannot, indeed, live without them; they are the chief events of his spiritual life.

Louis Desprez, an unfortunate littérateur, imprisoned at Saint-Pélagie for a literary offence, “summed up the psychology of criminals,” remarks M. Émile Gautier, “in one picturesque formula: They see the world under the aspect of an immense gaol alternating with an immense brothel. And this is true. For them imprisonment is the normal condition. Liberty is their holiday, an occasional transitory holiday, during which they wallow in the far niente and debauch, like sailors who consume in three days the earnings of eighteen months, but a holiday which will have an end, a foreseen and expected end.”

The criminal craves for some powerful stimulus, excitement, uproar, to lift him out of his habitual inertia. That is why the love of alcohol is in all countries so strong among criminals. The man who is organised as we have seen the criminal to be must have some powerful stimulant to take him out of himself, to give him a joy which is otherwise beyond his grasp, and alcohol is the stimulant which comes easiest to hand. When, as frequently happens, he is the child of alcoholic parents, the craving for drink soon obtains morbid intensity. Crime and drink are intimately bound together, although we must beware of too unreservedly setting down drink as the cause of crime. Both crime and drink are the morbid manifestations of organic defects which for the most part precede birth. The abuse of alcohol is not, however, universal among criminals, at all events when any intellectual ability is required. “It would not do to drink in our business,” said a sharper to Lombroso.

The criminal finds another strong form of excitement in gambling. The love of cards is even more widely spread among criminals than the love of drink. It frequently becomes a passion. Lauvergne tells of a band of criminals who played for two days without intermission. We hear of a French prisoner who gambled away his meagre rations of bread and wine and at last died of starvation; of another who in the excitement of the game forgot his approaching execution.

To all forms of sexual excitement, natural and unnatural, criminals of both sexes resort, often from a very early age. The prison, in which the criminal is confined alone, or with persons of the same sex, serves to develop perverted sexual habits to a high degree. Prince Krapotkine, speaking of the moral influence of prisons on prisoners in France, writes:—“The facts which we came across during our prison life surpass all that the most frenzied imagination could invent. One must have been for long years in a prison, secluded from all higher influences and abandoned to one’s own and that of a thousand convicts’ imaginations, to come to the incredible state of mind which is witnessed among some prisoners. And I suppose that I shall say only what will be supported by all intelligent and frank governors of prisons, if I say that the prisons are the nurseries for the most revolting category of breaches of moral law.”[63] There is unquestionable evidence that the same practices exist, notwithstanding all discipline, in English prisons.

Such practices grow up chiefly as a means of excitement and diversion in vacuous lives. Love, in its highest and strongest forms, seems to be extremely rare. This is true even when love is the cause of the crime. The love, even when strong, remains rather brutal. When a man was asked if he really loved the woman for whose sake he had murdered her husband, he replied: “Oh, if you had seen her naked!”

The craving for excitement, for intoxication, for uproar, finds its chief satisfaction in the love of orgy, which is now almost confined, at all events in its extreme forms, to the criminal and his intimate ally, the prostitute. The orgy is the criminal’s most sacred festival; here he attains his highest experiences of forgetful exhilaration. Vidocq, still a criminal at heart, even after he had become a police official, has described the orgy in his Memoirs:—“Imagine a rather large square hall, with walls, once white, now blackened by exhalations of every kind: such is, in all its simplicity, the aspect of a temple of Bacchus and Terpsichore. At first by a very natural optical illusion, one is only struck by the smallness of the place, but when the eye succeeds in piercing the atmosphere, thick with a thousand vapours which are not inodorous, the size becomes manifest by the details which escape from the chaos. This is the moment of creation; everything clears up; the mist dissipates, becomes peopled and animated; there is movement, agitation, not of empty shadows but of substantial forms which cross and interlace in every direction. What beatitude! What a joyous life! Never for epicureans were so many felicities gathered together as here for those who love to wallow in mire. Around, rows of tables, on which, without their ever being cleaned, disgusting libations are renewed a hundred times a day, serve to frame in a space which is reserved for what are called the dancers. At the end of this infectious den rises, supported by four worm-eaten pillars, a kind of platform, its construction hidden by two or three fragments of old tapestry. On this hencoop the musicians are perched, two clarinettes, a fiddle, a loud trombone, and a deafening drum.... In this receptacle one finds none but prostitutes and their bullies, sharpers of all kinds, swindlers of the lowest sort, and a good many of those disturbers of the night whose lives are divided into two parts, one consecrated to rowdyism, the other to robbery.”

More interesting than this resort to external sources of stimulus, and more significant of emotional instability, are the spontaneous outbursts of excitement common among criminals, curious self-evolved intoxications springing from mysterious and incalculable depths of the organism. Dostoieffsky has studied these outbursts and admirably described them. “A prisoner has lived tranquilly,” he tells us,[64] “for several consecutive years, and his conduct has been exemplary. All at once, to the great astonishment of his guardians, he mutinies and recoils before no crime, even murder or rape. Every one is astonished. This unexpected explosion is the anguished, convulsive manifestation of personality, an instinctive melancholy, a desire to affirm the degraded ego, an emotion which obscures the judgment. It is like a spasm, an access of epilepsy; the man who is buried alive and who suddenly awakes strikes in despair against his coffin-lid; he strives to push it back, to raise it; his reason convinces him of the uselessness of all his efforts, but reason has nothing to do with his convulsions. It must not be forgotten that nearly every manifestation of the personality of the prisoner is considered a crime; also that the question whether the manifestation is important or insignificant is perfectly indifferent to the prisoner. Risk for risk, it is better to go to the extreme, even to murder. It is only the first step that costs; little by little the man is carried away and can no longer be held in.” The prison has much to answer for in the development of these emotional outbreaks, and it is only in prison that there is opportunity of studying them. It would, however, be rash to conclude that they are entirely due to prison conditions. They are in harmony with all that we know of criminal psychology, and it is not alone under prison conditions that they are the causes of crime.

In Germany these periodic explosions (known as Zuchthaus-Knall) have been described by Delbrück and Krafft-Ebing. In Italy they have been noted by Lombroso, especially in very hot weather and at such times as epileptic attacks are most frequent, and he regards them as fresh proof of a close relationship between the instinctive criminal and the epileptic. In England they appear to be rare in men, but, on the other hand, common in women who have, in prison language, “broken out.” This wild fit of maniacal violence which from time to time seizes on the women confined in prisons, and might almost be regarded as an exaggerated or vicarious form of orgy, has been studied with some care in England. Here as well as abroad it is frequently supposed to be a voluntary insubordination deserving punishment.