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a name) we will call him Samson。
Before Fred stumbled upon him; he had spent a winter camping out in the snows of Canada; bear and elk shooting。 He was six years or so older than either of us … I。E。 about eight… and…twenty。
As to Fred Calthorpe; it would be difficult to find a more 'manly' man。 He was unacquainted with fear。 Yet his courage; though sometimes reckless; was by no means of the brute kind。 He did not run risks unless he thought the gain would compensate them; and no one was more capable of weighing consequences than he。 His temper was admirable; his spirits excellent; and for any enterprise where danger and hardship were to be encountered few men could have been better qualified。 By the end of a week these two had agreed to accompany me across the Rocky Mountains。
Before leaving the Havana; I witnessed an event which; though disgusting in itself; gives rise to serious reflections。 Every thoughtful reader is conversant enough with them; if; therefore; he should find them out of place or trite; apology is needless; as he will pass them by without the asking。
The circumstance referred to is a public execution。 Mr。 Sydney Smith; the vice…consul; informed me that a criminal was to be garrotted on the following morning; and asked me whether I cared to look over the prison and see the man in his cell that afternoon。 We went together。 The poor wretch bore the stamp of innate brutality。 His crime was the most revolting that a human being is capable of … the violation and murder of a mere child。 When we were first admitted he was sullen; merely glaring at us; but; hearing the warder describe his crime; he became furiously abusive; and worked himself into such a passion that; had he not been chained to the wall; he would certainly have attacked us。
At half…past six next morning I went with Mr。 Smith to the Campo del Marte; the principal square。 The crowd had already assembled; and the tops of the houses were thronged with spectators。 The women; dressed as if for a bull…fight or a ball; occupied the front seats。 By squeezing and pushing we contrived to get within eight or nine yards of the machine; where I had not long been before the procession was seen moving up the Passeo。 A few mounted troops were in front to clear the road; behind them came the Host; with a number of priests and the prisoner on foot; dressed in white; a large guard brought up the rear。 The soldiers formed an open square。 The executioner; the culprit; and one priest ascended the steps of the platform。
The garrotte is a short stout post; at the top of which is an iron crook; just wide enough to admit the neck of a man seated in a chair beneath it。 Through the post; parallel with the crook; is the loop of a rope; whose ends are fastened to a bar held by the executioner。 The loop; being round the throat of the victim; is so powerfully tightened from behind by half a turn of the bar; that an extra twist would sever a man's head from his body。
The murderer showed no signs of fear; he quietly seated himself; but got up again to adjust the chair and make himself comfortable! The executioner then arranged the rope round his neck; tied his legs and his arms; and retired behind the post。 At a word or a look from the priest the wrench was turned。 For a single instant the limbs of the victim were convulsed; and all was over。
No exclamation; no whisper of horror escaped from the lookers on。 Such a scene was too familiar to excite any feeling but morbid curiosity; and; had the execution taken place at the usual spot instead of in the town; few would have given themselves the trouble to attend it。
It is impossible to see or even to think of what is here described without gravely meditating on its suggestions。 Is capital punishment justifiable? This is the question I purpose to consider in the following chapter。
CHAPTER XVIII
ALL punishments or penal remedies for crime; except capital punishment; may be considered from two points of view: First; as they regard Society; secondly; as they regard the offender。
Where capital punishment is resorted to; the sole end in view is the protection of Society。 The malefactor being put to death; there can be no thought of his amendment。 And so far as this particular criminal is concerned; Society is henceforth in safety。
But (looking to the individual); as equal security could be obtained by his imprisonment for life; the extreme measure of putting him to death needs justification。 This is found in the assumption that death being the severest of all punishments now permissible; no other penalty is so efficacious in preventing the crime or crimes for which it is inflicted。 Is the assumption borne out by facts; or by inference?
For facts we naturally turn to statistics。 Switzerland abolished capital punishment in 1874; but cases of premeditated murder having largely increased during the next five years; it was restored by Federal legislation in 1879。 Still there is nothing conclusive to be inferred from this fact。 We must seek for guidance elsewhere。
Reverting to the above assumption; we must ask: First; Is the death punishment the severest of all evils; and to what extent does the fear of it act as a preventive? Secondly; Is it true that no other punishment would serve as powerfully in preventing murder by intimidation?
Is punishment by death the most dreaded of all evils? 'This assertion;' says Bentham; 'is true with respect to the majority of mankind; it is not true with respect to the greatest criminals。' It is pretty certain that a malefactor steeped in crime; living in extreme want; misery and apprehension; must; if he reflects at all; contemplate a violent end as an imminent possibility。 He has no better future before him; and may easily come to look upon death with brutal insensibility and defiance。 The indifference exhibited by the garrotted man getting up to adjust his chair is probably common amongst criminals of his type。
Again; take such a crime as that of the Cuban's: the passion which leads to it is the fiercest and most ungovernable which man is subject to。 Sexual jealousy also is one of the most frequent causes of murder。 So violent is this passion that the victim of it is often quite prepared to sacrifice life rather than forego indulgence; or allow another to supplant him; both men and women will gloat over the murder of a rival; and gladly accept death as its penalty; rather than survive the possession of the desired object by another。
Further; in addition to those who yield to fits of passion; there is a class whose criminal promptings are hereditary: a large number of unfortunates of whom it may almost be said that they were destined to commit crimes。 'It is unhappily a fact;' says Mr。 Francis Galton ('Inquiries into Human Faculty'); 'that fairly distinct types of criminals breeding true to their kind have become established。' And he gives extraordinary examples; which fully bear out his affirmation。 We may safely say that; in a very large number of cases; the worst crimes are perpetrated by beings for w