are good and bad among all, and in
all professions, but there is also a black spot in most, possibly all
hearts, which may be developed to almost any extent, to change the
justest, wisest, most moral men into 'human devils.' In reading the old
reports and the expressions used by the judges in their summings-up and
sentences, it is impossible not to believe that the awful power they
possessed, and its constant exercise, had not only produced the
inevitable hardening effect, but had made them cruel in the true sense
of the word. Their pleasure in passing dreadful sentences was very
thinly disguised by certain lofty conventional phrases as to the
necessity of upholding the law, morality, and religion; they were,
indeed, as familiar with the name of the Deity as any ranter in a
conventicle, and the 'enormity of the crime' was an expression as
constantly used in the case of the theft of a loaf of bread, or of an
old coat left hanging on a hedge, by some ill-clad, half-starved wretch,
as in cases of burglary, arson, rape, and murder.
"It is surprising to find how very few the real crimes were in those
days, despite the misery of the people; that nearly all the 'crimes' for
which men were sentenced to the gallows and to transportation for life,
or for long terms, were offences which would now be sufficiently
punished by a few weeks', or even a few days', imprisonment. Thus in
April, 1825, I note that Mr. Justice Park commented on the heavy
appearance of the calendar. It was not so much the number (170) of the
offenders that excited his concern as it was the nature of the crimes
with which they were charged. The worst crime in this instance was
sheep-stealing!
"Again, this same Mr. Justice Park, at the Spring Assizes at Salisbury,
1827, said that though the calendar was a heavy one, he was happy to
find, on looking at the depositions of the principal cases, that they
were not of a very serious character. Nevertheless he passed sentence of
death on twenty-eight persons, among them being one for stealing half a
crown!
"Of the twenty-eight all but three were eventually reprieved, one of the
fated three being a youth of 19, who was charged with stealing a mare
and pleaded guilty in spite of a warning from the judge not to do so.
This irritated the great man who had the power of life and death in his
hand. In passing sentence the judge 'expatiated on the prevalence of the
crime of horse-stealing and the necessity of making an
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