# Fancies versus fads/The Innocence of the Criminal

​The Innocence of the Criminal
A PHRASE, which we have all heard, is sometimes uttered by some small man sentenced to some small term of imprisonment, for either or both of the two principal reasons for imprisoning a man in modern England: that he is known to the police, and that he is not known to the magistrate. When such a man receives a more or less temperate term of imprisonment, he is often reported as having left the dock saying that he would "do it on his head." In his own self-consciousness, he is merely seeking to maintain his equilibrium by that dazed and helpless hilarity which is the only philosophy allowed to him. But the phrase itself, like a great part of really popular slang, is highly symbolic. The English pauper (who tends to become numerically the preponderant Englishman) does really reconcile himself to existence by putting himself in an inverted and grotesque posture towards it. He does really stand on his head, because he is living in topsy-turvydom.
He finds himself in an Upsidonia fully as fantastic as Mr. Archibald Marshall's, and far less fair and logical; in a landscape as wild as if the trees grew downwards or the moon hung below his feet. He lives in a world in which the man who lends him ​money makes him a beggar; in which, when he is a beggar, the man who gives him money makes him a criminal; in which, when he is a criminal and "known to the police," he becomes permanently liable to be arrested for other people's crimes. He is punished if his home is neglected, though there is nobody to look after it, and punished again if it is not neglected, and the children are kept from school to look after it. He is arrested for sleeping on private land, and arrested again for sleeping on public land, and arrested, be it noted, for the positive and explicit reason that he has no money to sleep anywhere else. In short, he is under laws of such naked and admitted lunacy that they might quite as well tell him to pluck all the feathers off the cows, or to amputate the left leg of a whale. There is no possible way of behaving in such a pantomime city except as a sort of comic acrobat, a knockabout comedian who does as many things as possible on his head. He is, both by accident and design, a tumbler. It is a proverb about his children that they tumble up; it is the whole joke about his drunkenness that he tumbles down. But he is in a world in which standing straight or standing still have become both impossible and fatal. Meredith rightly conceived the only possible philosophy of this modern outlaw as that of Juggling Jerry; and even what is called his swindling is mostly this sort of almost automatic juggling. His nearest approach to social status is mere kinetic stability, like a top. There was, indeed, another tumbler called in tradition Our Lady's Tumbler, who performed happier antics before a shrine in the days of superstition; and whose philosophy was perhaps more positive than Juggling ​Jerry's or Meredith's. But a strenuous reform has passed through our own cities, careful of the survival of the fittest, and we have been able to preserve the antic while abolishing the altar.
But though this form of reaction into ridicule, and even self-ridicule, is very natural, it is also very national; it is not the only human reaction against injustice, nor perhaps the most obvious. The Irishman has shot his landlord, the Italian has joined a revolutionary secret society, the Russian has either thrown a bomb or gone on a pilgrimage, long before the Englishman has come finally to the conclusion that existence is a joke. Even as he does so he is too fully conscious that it would be too bad as a tragedy if it were not so good as a farce. It is further to be noticed, for the fact is of ominous importance, that this topsy-turvy English humour has, during the last six or seven generations, been more and more abandoned to the poorer orders. Sir John Falstaff is a knight; Tony Weller is a coachman; his son Sam is a servant to the middle classes, and the recent developments of social discipline seem calculated to force Sam Weller into the status of the Artful Dodger. It is certain that a youth of that class who should do to-day a tenth of the things that Sam Weller did would in one way or another spend most of his life in jail. To-day, indeed, it is the main object of social reform that he should spend the whole of his life in jail; but in a jail that can be used as a factory. That is the real meaning of all the talk about scientific criminology and remedial penalties. For such outcasts, punishment is to be abolished by being perpetuated. When men propose to ​eliminate retribution as "vindictive," they mean two very simple things: ceasing altogether to punish the few who are rich, and enslaving all the rest for being poor.
Nevertheless this half-conscious buffoon who is the butt of our society is also the satirist of it. He is even the judge of it, in the sense that he is the normal test by which it will be judged. In a number of quite practical matters it is he who represents historic humanity, and speaks naturally and truthfully where his judges and critics are crooked, crabbed and superstitious. This can be seen, for instance, if we see him for a moment not in the dock but in the witness-box. In several books and newspapers I happened to read lately, I have noticed a certain tone touching the uneducated witness; phrases like "the vagueness characteristic of their class," or "easily confused, as such witnesses are." Now such vagueness is simple truthfulness. Nine times out of ten, it is the confusion any man would show at any given instant about the complications which crowd human life. Nine times out of ten, it is avoided in the case of educated witnesses by the mere expedient of a legal fiction. The witness has a brief, like the barrister: he has consulted dates, he has made memoranda, he has frequently settled with solicitors exactly what he can safely say. His evidence is artificial even when it is not fictitious; we might almost say it is fictitious even when it is not false. The model testimony, regarded as the most regular of all in a law court, is constabulary testimony; if what the soldier said is not evidence, what the policeman says is often the only evidence. And what the policeman says is incredible, as he says it. It is something like this: "I met the ​prisoner coming out of Clapham Junction Station and he told me he went to see Mrs. Nehemiah Blagg, of 192, Paardeburg Terrace, West Ealing, about a cat which he had left there last Tuesday week which she was going to keep if it was a good mouser, and she told him it had killed a mouse in the back kitchen on Sunday morning so he had better leave it. She gave him a shilling for his trouble, and he went to West Ealing post-office where he bought two half-penny stamps and a ball of string, and then to the Imperial Stores at Ealing Broadway, and bought a pennyworth of mixed sweets. Coming out he met a friend, and they went to the Green Dolphin and made an appointment for 5.30 next day at the third lamp-post in Eckstein Street," and so on. It is frankly impossible for anybody to say such a sentence; still more for anybody to remember it. If the thing is not a tissue of mere inventions, it can only be the arbitrary summary of a very arbitrary cross-examination, conducted precisely as are the examinations of a secret police in Russia. The story was not only discovered bit by bit, but discovered backwards. Mountains were in labour to bring forth that mouse in West Ealing. The police made a thorough official search of the man's mental boxes and baggage, before that cat was let out of the bag. I am not here supposing the tale to be untrue—I am pointing out that the telling of it is unreal. The right way to tell a story is the way in which the prisoner told it to the policeman, and not the way in which the policeman tells it to the court. It is the way in which all true tales are told, the way in which all men learn the news about their neighbours, the way in which we all learned everything we know in childhood; it is ​the only real evidence for anything on this earth, and it is not evidence in a court of law. The man who tells it is vague about some things, less vague about others, and so on in proportion; but at his very vaguest, among the stiff unreason of modern conditions, he is a judgment on those conditions. His very bewilderment is a criticism, and his very indecision is a decision against us. It is an old story that we are judged by the innocence of a child, and every child is, in the French phrase, a terrible child. There is a true sense in which all our laws are judged by the innocence of a criminal.
In politics, of course, the case is the same. I will defer the question of whether the democracy knows how to answer questions until the oligarchy knows how to ask them. Asking a man if he approves of Tariff Reform is not only a silly but an insane question, for it covers the wildest possibilities, just as asking him whether he approves of Trouser Reform might mean anything from wearing no trousers to wearing a particular pattern of yellow trousers decorated with scarlet snakes. Talking about Temperance, when you mean pouring wine down the gutter, is quite literally as senseless as talking about Thrift, when you mean throwing money into the sea. The rambling speech of yokels and tramps is as much wiser than this as a rambling walk in the woods is wiser than the mathematical straightness of a fall from a precipice. The present leaders of progress are, I think, very near to that precipice; about all their schemes and ideals there is a savour of suicide. But the clown will go on talking in a living and, therefore, a leisurely fashion, and the great truth of ​pure gossip which sprang up in simpler ages and was the fountain of all the literatures, will flow on when our intricate and tortured society has died of its sins.