New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-06-22
THE CRIMINAL.
AN IMPORTANT STUDY.
fIIE CRIMINAL. BY Havelock Ellis. llustraSod'
I2mo DID, 337 sCribner Wexford.

iemo, PIP. 337. scribner Wexford.
The attempt TO formulate criminal anthro-
pology as a science is too recent TO expect any
thing like conclusive results as yet; but the ca
pertinent has been carried far enough 10 oein-
onstrate the importance Of this stnoy ~ Pei'-
ology, and the directncss OF its relation 10 'iie
whole broad subject of criminal legislation ana
administration. Mr.. Ellis Therefore mas per
formed highly useful service IN writing 'nis
volume, which summarizes the latest anu hoeo
valuable conclusions Of those conunehtai sVuuei,s
Of criminal antbropoogy who, Tor some oscuiO
reason have so far outstripped the Ehensn
speaking peoples in their researches lnoo 'hiS
crave tonic. In the United States. indeed. much
attention has been paid TO penology, and IN 'ne
treatment of criminals some advanced positions
have been reached, as, for example. in the system
~ the Elmira Reformatory. That system, IL Is
satisfactory to know, is fully in accord with the
latest results of criminal anthropOlogy, ana as
the possible nucleus of general prison reform "
MAJ serve the purpose Of a cade, just as oui
miniature army does in time OF war Duo III
spitc of all the experimentation and dlscussioh vi
the last forty years, the general results VI Pioo
administration in this country 90 noo ui"ei
essentially from those of Europe. we nave ho''
in q word been able 10 prevent our prisons os y
rule from being hotbeds of crime ana centres VI
moral degradation. 1t is the more 10 ne oesiie"
thu, we should follow carefully the EFFORTS no"
bcing made in European countries 10 secure ho"
pont of departure in the treatment OF crin'.'i"'
hy asccrtaining wherein criminals "iIier from
Other nconle and why they do so. and what is
their precise physical and mehtai ci"sSin' '
or course the first step toward systema'iza'loh
&c tho definition of criminaity. and so soon asths
oncstion is orened it is found that it ls complex
For meteorological purposes it has been fouho
convenient to recognize several orders or cIasseS
f criminals There is the political CRIMINAL
who may be dismissed at once, since the ue"iii
ton il purely arbitrary and clearly has no 'ounu'
ton in ethics in any general sociai Poi.'
po@itical criminal OF our age or country oeins WV
hero and patriot of another. There is the crii''i
q, nasson: and here again we may have notnihg
n do with the dstinctively anti-social clement
since the criminal by passion is as hKeiy as nU'
70 have committed crimes in an attempt 10 'inu,
catc society Then there is the insane crihih"i'
that is to say, the person who, ocihg a"e"us !"
-, condition Of recognizable mental alteration,
ncrforms some fiagrantly anti-socai act vi
those large percentage punished as though
,h.y were sane. In England and Germany II Is
estimated that out Of every hundred insane per
sors hrought before the courts on crlnllhal
chory.x rot more than % per cent are recognized
os irresponsible OF this state OF thincs MI,
F,bs observes. very moderately: TO prine al
III. solcn,n formlities of the law To bear against
g, ,nodman. and 10 condemn him to severe PUNISH
ncnt. is in n civilized country unreasoh"DN
IT, ;s largely due TO the ineXphcapse pacN""iuH
n, tbc professional jursts in regard to the "hoie
ou.st;or Of insanity The accepted tests IN 'he
Cur,;sh courts to-day are dscreditable 10 tiie
enlightenment Of both Bench and Bar lney air
i, cfrcct BIZ: a small advance upon the meoiaeN"
theories and not less behind the age. Ineie oi'
many very pulling cases. no DOUBT Nlh3 OIL .'i'
borderaud Of insanity. but lawyers cahho' III
c-.,se their ability 10 deal with these by shutting
49,. o.os to all the suggestions and discoveries
Of o!icnist science though this Is TIE pF'c.io'i
-Ao,~o of 4bc sneers at expert testimony
r.. "ins,:nc.ive criminal" is Of another order,
.ho,ch there Is no sharp dividing line ms
,erson is concenitaliy and otherwise attuned ana
sircotc3 n criminal conduct He is the Object
81 the infeNcitous definition moral INSANITY.
In fact, what seems to be the case is thaV Ms
moral scDsibility is either aborted or paraivAeu.
Mr. Ellis cites the case of the murderer ouu
forecr Wainwright as in point lie was uH
educated man, author OF some taien'' anu
noted for a pscudorcinement. In reality 'hoie
,,roAioate creature did not exist. An immense
roois,n controlled him. To 1t everything ana
every person bad to give way. He deliberately
nosoncd his hest friends. bis benefactors. those
who had most confidence in him. Neither age
MIR vouth beauty nor heplessness, checked MN
for a moment in his murderous career; anu 50
o,,r, and selfpossessed and plausible was lie thab
hc might have escaped detection had his greco
mot caused him TO insure to susplclousN ldisc
amount the life Of young lady ne meant 20
land did poison. But he had received lie
sentence of transportation for forgery before his
murder came TO light, and so his neck was spared.
In Hobart Town lie talked coolly about his crimes
evidently took pride in his evil reputation, even
tried TO poison there two men whom ne dlsiiheo'
md from first to last incapable OF percei'ius
That there was anything Objectionable In his course
u has becn suggested by certain grave men OF
science that the best way to deal "---- people
of tlis kind would be, while recognizing their
moral irresponsibii,y, to kill them. on the same
nr;nciplc upon which rattlesnakes and dangerous
wild boasts are killed. No doubt the proposition
sccms harsh. but the right Of society to protect
itself is undeniable, and it might be dif1icuit
to show what possible good or humane enc was
,erved nv keepinp alive these terrible and venom
ous creatures A man like Wainwright Is moral
monster His reformation hopeless, ana u Is most
desirable that he should not perpctuate himself
Only two WAYS OF protecting society offer them
selves: 10 kill him, TO imprlson HIM LOT HE
Which Of these is the least cruel?
The occasional criminal often. II not always
develops into the professional criminal The
presumption is that he has criminal tendencies IN
him by Inheritance, though sometimes circun-
stances lure him on TO destruction But 'naiiy'
after making all the distinctions and exceptions
which suggest themselves we come upon GRIM
inal class which presents clear and various points
of abnormality, which is unlike the average men
and women of the period both physically and
psyehica,ly. Now this class. which has been
carefully examined by the criminal anthropolo-
cists of France, Germany and Italy, appears to be
Mt bottom an example of arrested development,
and this is perhaps the most interesting point In
the whole inquiry. The qualities which these
ninals whn IRE horn criminals exhibit are IN