where it is said, he still lives under a false name. I have
heard this subject canvassed over and over again in New York; and,
although some, with a view of extenuating to a foreigner such a
disgraceful disregard to security of life, have endeavoured to show that
the evidence was not quite satisfactory, there really was not a shadow
of doubt in the whole case. See Note 2.
But leniency towards crime is the grand characteristic of American
legislation. Whether it proceeds, (as I much suspect it does,) from the
national vanity being unwilling to admit that such things can take place
among "a very moral people," or from a more praiseworthy feeling, I am
not justified in asserting: the reader must form his own opinion, when
he has read all I have to say upon other points connected with the
subject.
I have been very much amused with the reports of the sentences given by
my excellent friend the recorder of New York. He is said to be one of
the soundest lawyers in the Union, and a very worthy man; but I trust
say, that as recorder, he does not add to the dignity of the bench by
his facetious remarks, and the peculiar lenity he occasionally shows to
the culprits. See Note 3.
I will give an extract from the newspapers of some of the proceedings an
his court, as they will, I am convinced, be as amusing to the reader as
they have been to me.
The Recorder then called out--"Mr Crier, make the usual proclamation;"
"Mr Clerk, call out the prisoners, and let us proceed to sentencing
them!"
_Clerk_. Put Stephen Schofield to the bar.
It was done.
_Clerk_. Prisoner, you may remember you have heretofore been indicted
for a certain crime by you committed; upon your indictment you were
arraigned; upon your arraignment you pleaded guilty, and threw yourself
upon the mercy of the court. What have you now to say, why judgment
should not be passed upon you according to law.
The prisoner, who was a bad-looking mulatto, was silent.
_Recorder_. Schofield, you have been convicted of a very bad crime; you
attempted to take liberties with a young white girl--a most serious
offence. This is getting to be a very bad crime, and practised, I am
sorry to say, to a great extent in this community: it must be put a stop
to. Had you been convicted of the whole crime, we should have sent you
to the state-prison for life. As it is, we sentence you to hard labour
in the state-prison at Sing Sing for five years; and that's the judgm
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