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tracks of a rolling stone-第29章

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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
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