New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-22
CRIME AND PUNISHMENT
FEATURES OF CRIMINAL ANTHROPOLOGY.

toricai sketch OF the Rise OF the Penitentiary
System. by Frederick Howard Wines, LII. ID.
PIP. xi 339. Thomas Y. Croweu Co.
This book contains adequate history OF pun
ishment BY law In all It's forms. That Is to say,
comparatively few would care to descend to more
minute details respecting the cruees OF the past than
those which DR. Wines has arranged as a necessary
introduction to his study OF modern improve
ments In the treatment OF criminals. The subject
OF reformation as contrasted with mere punishment
is the central thought Of the book and there 10 one
aspect Of this which IL OF special Interest TO any
one who weighs the influence Of nationality on
civilization. With unImportant exceptions, the ini-
tatlve in penal reform has been taken by English
men and Americans Even the exceptions belong In
large part to the Teuonic peoples. This is evidently
not due to kindness OF heart. Down TO a COM
parat.vely recent date punishments were inflicted
on offenders In England which are hard to think OF
without a shudder. 1t not due to modifica-
tons In religion. for the real pioneer In all penal
reform was Pope Clement XI. with his reformatory
Hospital OF st. Michael in which some authors
have insisted on finding the counterpart OF the best
prison architecture OF the present day. Nor was
the practical advance OF reform In England and
America due to an early feeling OF the horrors
which were to be done away with John Howard
came not before but after Bectsria, the italian
essayist who has had In these latter days 80 many
| imitators In his country. II Howard had
stopped where Beccarla did It would never have
mattered whether he came at all.
Until Engshmen and Americans took hold OF
the matter the world was content with theory
speculation and denunciation. Dr. Wines puts
Beccaria for intellectual power and for capacity to
affec. the minds OF others above Howard. Hls
book on Grimes and Punshments." published at
Milan in 1854. the sensation Of the day. But
It was little than that England had already
laid aside the rack and the boot and most instru-
ments Of torture Beccarlas book FASTENED. per-
haps the abolition Of torture In France Austria
and Russia; but he was himself mentally product
of the Encyclopedias. and even the Inqulslt!on
not to speak OF secular tormentors. shriveed when
Vonaire grinned at 1t. Had Beccaria never writ
ten It would still be hard to believe that torture
as part OF judicial procedure could have outlasted
the French Revolution. 1t was his merit to put In
words the inevitable tendencies OF humanity The
world had just taken up with enthusiasm the fall
| lacious doctrine OF the Social Contract He could
show that judicial torture was opposed TO this
doctrine. His mind was filled with the speculation
| OF the tlme-hs counterparts are numerous still
| In a country where criminal anthropo.ogy Is almost
as devoutly believed in as judicial astrology once
was-but when he had written his book. he felt
his responsibility be at end. To have written
books the subject Of prison reform was only
an incident In John Towards career. The one
| man was speculative. the other scientific. The
one satisfied his ambition by single well-dIrec;ed
blow which the world applauded the other. nerving
himself against blame and praise alike cleared the
! while field OF ancient abuses and laid with skill
! the enduring foundations upon which the modern
| world has erected the prison system Of the nine
| teen.h century"
| The system and the investigation by which II has
been perfected are dominated by two plans that OF
! Elmira and that OF Philadelphia, and the very
names OF these suggest the practical influence Of
America upon prison reform. In all this. In the
lean successors the most obvious fact Is the pres
ence OF activity and the absence Of speculativity
These men did not waste their time considering
whether man had free Will not. whether not
the criminal belonged to specific class with traits
that distinguished II everywhere and always from
other classes OF human beings The simpe fact
was enough for them that things were not as they
should be, and that mankind owed TO the criminal
an effort to improve his condition DR.. Wines
treats the criminal authropologists with respect.
but he evidently does not favor putting their Ideas
into practice without further scrutiny. When men
| like Lombroso, Ferri and Benedict talk Of q lack
OF symmetry In the heads OF criminals as character
stlc he suggests that they might earn something
on this subject from the nearest fashionable hat
! ter accustomed 10 the use OF "formateur" The
| fact IA that honest people are far numerous
than shape.y skulls II they were not society
would be criminal and ali the good would be in
prison.
The skull OF Charlotte Corday has a popularity
In the depth OF what L. called the medan occipital
fos.a In 1899 the members OF the Internatl onal
Congress OF Criminal Anthropology heated them
selves unduly the question whether she was a
criminal or a patriot. Lombroso demonstrated to
his own satisfaction that the heroine was a born
criminal and that her skull was abnormal to de-
gree Dr. Topnard declared that the skull was
perfectly normal Benedict simply overwhelmed
si,a rdicris the idea that the occipita fossa had