New-York tribune., 1907-09-07
QUEER CRIMINALS.
Some Dark Chapters in the History
of animals.
THE CRIMINAL. PROSECUTION AND CAPITAL
PUNISHMENT OF ANIMALS. By Z Z.
FEans. octave. pp. Y. 3s4 Z. 2. Dutlon & CO.

~ 1-\D
Evans Octave. pp. 5s4- f ?. DutJon & Co
A curious byway OF legal and ecclesiastical
history has been explored by Mr.. Evans in this
volume. the result of the revision and expan-
sion oe two essays on Bugs and Beasts Before
the law and Modern and Medieval Punish
ment" which were published in a magazine
more than twenty years ago. Since that time
the author has collected a considerable amount
Of additional material. and he has added. also,
an introduction and an appendix containing
large number OF texts Of the original docu-
ments on which his study is based. Although
the book bears recent date. illusions to books
published more than a dozen years ago as re
cent" and the absence OF contemporary refer
ences, seem to indicate that the work COM
pleted some years since.
Mr. Evans need rot adduce this fact. however.
10 prove that he has nothing in common with
the class Of nature writers which has lately re-
ceived such fattering notice in the press. The
present volume is no new story Of the ways OF
animals. II deals rather with phase OF mans
treatment Of animals and Of the attitude Of
mind indicated by the particular treatment de-
scribed. Apparently there is little enough in
common between the modern geological sent
raentalist and the medieval ecclesiastic. gravely
sentencing an animal to death for having COM
rnitted murder: and yet there is common goal
at which the two arrive by their opposite roads
II is the cherished belief OF the nature faker
that the so-called lower animals" are human
beings in little, capable OF substantially the
same mental processes with the same desires
and hopes and fears and responsibilities, only
slightly less developed. But so. too, in the
Middle Ages IN spite Of appalling indffer-
ence TO the sufferings OF all living creatures
animals seem TO have been held to a rational
accountability for their deeds. In the eyes or
the law, at least. they were not far from an
equality with men, If we may judge from the
numerous crin1isaI prosecutions brought against
them which are cited by Mr. Evans
1t would not do, though, TO argue from this
hitherto unsuspected sensibility on the part Of
tie rnedisevaI man. anticipation Of the
modern sense Of the continuity and INTERPOLATION
of all life AS cur author is at pains to point
out prosecutions Of animals were nearly always
ecclesiastical in origin, and probably IN every
case sprang from a belief in demonic posses
sion. Strictly speaking. it was not the animals
themselves that were held legally accountable
for their nisdeeds, but the evil spirits which
had entered into them. In the common belief
Satan was not only less real than God; he
was scarcely less powerful, and infinitely more
Ingenious and versatile 1t was perfectly nat
uraI that either he or his underlings should be
held responsible for those apparently purpose
less caIamities which even the dullest ethical
sense was reluctant to ascribe to the ruler OF
the universe The idea Of holding swarm Of
locusts responsible for the damage done 70 crops
was too absurd, not to say futile, even for a
creduous age II was actually simpIiica-
ton. explanation Of mystery, 10 believe
that the devil was back OF II sll- And then
the sense of helplessness disappeared when the
problem could be handed TO the Church.
There the power that could cope with
Satan himself. For clever and resourceful as
the devil was conceded TO be. the Church after
ali welded the superior power So the strength
Of the ecclesiastical invoked with
due ceremonial lest the omission Of any for
u1ality should invalidafe the process, the -oor
locusts were summoned. the complaint heard.
the case plead. judgment pronounced ana the