I hope the day will never come when our magistrates will have to deal out punishment as a shopman deals out goods--so much crime, so much punishment. At present they have hearts and sympathies, they have freedom and latitude--better still, their freedom of action and sympathy of heart make for justice, for ofttimes mercy is the only justice. That mercy may call for a light sentence or a severe one, but whichever it may be it does not call in vain. It is impossible for anyone who does not hear a case tried, see the different actors, and know something of the attendant circumstances to sit (with justice) in judgment on the ‘rightness’ of any sentence that may be given. Until the whole of humanity is cast in one mould, until all environments are alike, until physical, mental, and moral power are equally distributed, until temptations present equal force and the ability to resist is equally distributed, equality of punishment will be either an impossibility or a huge wrong.
The young or middle-aged men charged with embezzlement or fraud are a numerous class, and a sad duty awaits the magistrate when he has to convict and sentence such men. To these men character is everything, and when the brand of conviction is once upon them, their future is dark and doubtful. In sentencing such, the magistrate knows full well that the sentence he imposes is but light compared with the punishment society inflicts upon the wrongdoer. They are therefore leniently dealt with, and where possible are dealt with under the First Offenders Act. The existence and application of this Act are too well known. It is sometimes traded on, and young men (and even boys) who have been pursuing a course of systematic fraud for a long time, and have at length been brought to book, will ask to be dealt with under its provisions. For the man or woman, boy or girl, who has yielded to a sudden impulse, the magistrates require no pressing for leniency; but the prisoner convicted of a series of thefts, though charged for the first time, they do not consider a fitting subject for the application of the Act.
Drink, gambling, and lubricity are the chief factors in the downfall of these men, and it is a peculiar thing that journeymen butchers and assistant milkmen form a large proportion of such prisoners. The two former vices seem to prevail to an enormous extent among them, while the latter vice seems to account for the delinquencies of clerks, drapers’ assistants, etc. The women charged with various acts of dishonesty are a mixed lot, including as they do the unfortunate, the skilful shoplifter, the pickpocket, and the inveterate robber of furnished lodgings. Beyond proof of guilt these do not demand much attention from the magistrate; but with numbers of females the case is very different, for though their guilt may be fully established, the magistrate has much heart-searching before he deals with them, for truly they are pitiful problems. Numbers of girls from fourteen to twenty are charged with stealing; why they have stolen they do not appear to know, what they have done with the articles stolen they cannot sometimes tell; occasionally it appears the goods have been destroyed. Their behaviour in the cells and before the magistrate is strange, for they appear dazed and bewildered, and quite unable to concentrate their minds on what is taking place or what is said to them. They do not profess penitence or sorrow. To a casual observer they appear hardened and indifferent, and while their friends come and plead for them and evince a keen feeling of disgrace, they themselves still appear indifferent, and certainly do not realize the position in which they find themselves placed.