Latest / My Experiences as an Executioner / 11 - My Experiences as an Executioner by James Berry
Transcript
- 0:00Speaker 1: Chapter ten of My Experiences as an Executioner by James Berry.
- 0:06Speaker 1: This LibriVox recording is in the public domain recording by
- 0:11Speaker 1: Ashley Jane. Chapter ten on capital punishment. One of the
- 0:17Speaker 1: questions which is most frequently put to me is whether
- 0:20Speaker 1: I consider capital punishment is a right and proper thing.
- 0:25Speaker 1: To this I can truly answer that I do. For
- 0:29Speaker 1: my own part, I attach much weight to the scripture
- 0:32Speaker 1: injunction whoso sheddeth man's blood by man, shall his blood
- 0:37Speaker 1: be shed. And I think that the abolition of capital
- 0:40Speaker 1: punishment would be in defiance of the divine command. Therefore,
- 0:46Speaker 1: I would not abolish capital punishment altogether, but as I
- 0:50Speaker 1: shall explain later, I would greatly alter the conditions under
- 0:54Speaker 1: which it is imposed. Perhaps many of my readers will
- 0:57Speaker 1: say that the scriptural command should have no and others
- 1:01Speaker 1: will say it was a command given under the dispensation
- 1:05Speaker 1: of law, while we live under the dispensation of grace. Therefore,
- 1:10Speaker 1: I would argue that, quite apart from any consideration of
- 1:13Speaker 1: a religious nature, capital punishment is absolutely necessary for the
- 1:18Speaker 1: checking of the greatest criminals in the discharge of my
- 1:22Speaker 1: duties as a policeman, both in the Nottingham, in the
- 1:26Speaker 1: Bradford and in the West Riding Police Force. I have
- 1:30Speaker 1: had many chances of studying the ways of life and
- 1:34Speaker 1: thought of the criminal classes, and I have paid a
- 1:37Speaker 1: great deal of attention to the subject. As the result
- 1:41Speaker 1: of my experience, I can safely say that capital punishment
- 1:45Speaker 1: and the cat are the only legal penalties that possess
- 1:50Speaker 1: any real terrors for the hardened criminal. For the man
- 1:54Speaker 1: who might be called a professional as distinguished from an
- 1:57Speaker 1: amateur ruffian, such a man and does what he can
- 2:01Speaker 1: to keep out of prison because he dislikes restraint and
- 2:04Speaker 1: routine and sobriety. But this dislike is not strong enough
- 2:08Speaker 1: to deter him from any crime which offers even a
- 2:11Speaker 1: chance of escaping scot free. And I do not think
- 2:15Speaker 1: that the fear of imprisonment ever occurs to him when
- 2:18Speaker 1: he has once got criminal work actually in hand. Penal servitude,
- 2:23Speaker 1: even for life, has no very acute, terrifying influence, partly
- 2:28Speaker 1: because no criminal ever believes that it will be a
- 2:30Speaker 1: reality in his case, as he feels sure that he
- 2:33Speaker 1: will get a commutation of sentence, and partly because even
- 2:38Speaker 1: if he were sure that the imprisonment were actually for life,
- 2:41Speaker 1: he knows that prison life is not such a dreadful
- 2:44Speaker 1: fate after all, when one gets used to it. But
- 2:48Speaker 1: when it comes to a question of a death sentence,
- 2:51Speaker 1: it is quite another matter. Death is a horrible mystery,
- 2:55Speaker 1: and a death on the scaffold, a cold blooded, predetermined
- 3:00Speaker 1: and ignominious death, is especially horrible to the criminal mind.
- 3:04Speaker 1: As a rule, the most desperate criminals are those who
- 3:07Speaker 1: are most terrified by the thought of death at the
- 3:10Speaker 1: hands of the executioner, possibly because the most desperate men
- 3:15Speaker 1: spring from the most superstitious class of the community and
- 3:19Speaker 1: have the greatest dread of that something after death which
- 3:23Speaker 1: they cannot define. The criminal classes do not neglect their newspapers,
- 3:28Speaker 1: but keep themselves pretty well posted, either by reading or conversation,
- 3:33Speaker 1: upon the subjects that are of most direct interest to them,
- 3:37Speaker 1: and follow all the details of the most important criminal trials.
- 3:41Speaker 1: In this way, they always keep more or less before
- 3:45Speaker 1: them the thought of the nature of capital punishment. And
- 3:48Speaker 1: I believe that it will be found that the number
- 3:51Speaker 1: of capital crimes in any given period is inversely proportionate
- 3:56Speaker 1: to the number of capital punishments in the immediately preceding.
- 4:00Speaker 1: Whenever there is a series of executions without reprieves, the
- 4:05Speaker 1: number of murder decreases, and on the other hand, after
- 4:08Speaker 1: a period in which several persons have been tried for
- 4:11Speaker 1: murder and acquitted or reprieved after sentence, the number of
- 4:15Speaker 1: crimes appear to increase. I do not think that this
- 4:19Speaker 1: rule can be demonstrated forcibly and convincingly by a reference
- 4:23Speaker 1: to the mere number of murders, convictions, reprieves, and executions
- 4:27Speaker 1: during the past few years, because there are many considerations
- 4:31Speaker 1: which bear upon the significance of an execution or reprieve.
- 4:35Speaker 1: But I think that anyone who has given attention to
- 4:38Speaker 1: the subject will bear me out in my contention. Undoubtedly,
- 4:42Speaker 1: the fear of death is a great deterring power amongst
- 4:45Speaker 1: abandoned men, and the fear is most powerful when the
- 4:48Speaker 1: death seems most certain and the hope of reprieve most remote.
- 4:52Speaker 1: This consideration leads me to think that the deterrent value
- 4:56Speaker 1: of the death sentence would be greatly increased if it
- 4:59Speaker 1: could be made a asolutely irrevocable. Considering capital punishment as
- 5:04Speaker 1: a moral power for frightening criminals still at large, I
- 5:07Speaker 1: think it would be much better if in all cases
- 5:10Speaker 1: where there is the slightest possible chance of reprieve the
- 5:14Speaker 1: sentence was suspended for a time. I advocate that the
- 5:18Speaker 1: sentence of death, once passed, should be a sentence which
- 5:22Speaker 1: the doomed man, as well as his friends and sympathizers,
- 5:25Speaker 1: who are all at liberty, should regard as quite irrevocable.
- 5:30Speaker 1: At the same time, I do not advocate an increase
- 5:32Speaker 1: in the number of executions, just that reverse as the
- 5:37Speaker 1: best means to this end, I think we ought to
- 5:40Speaker 1: have a considerable alteration in our criminal law as it
- 5:44Speaker 1: relates to murder cases. I think that the jewelry should
- 5:48Speaker 1: have more power over the sentence, and for this purpose
- 5:52Speaker 1: I think that they ought to have the choice of
- 5:54Speaker 1: five classes of verdict, namely one not guilty, two not prove,
- 6:00Speaker 1: three murder in the third degree, four murdering the second degree,
- 6:05Speaker 1: five murder in the first degree. In the case of
- 6:08Speaker 1: a verdict of not guilty, the prisoner would of course
- 6:11Speaker 1: be acquitted and would be a free man, as he
- 6:14Speaker 1: is with such a verdict at present. In the case
- 6:17Speaker 1: of the verdict of not proven, it should be within
- 6:20Speaker 1: it the power of the judge to remand the prisoner
- 6:23Speaker 1: pending the further investigation of any clues that might seem
- 6:26Speaker 1: likely to throw light upon the case, or to release him,
- 6:30Speaker 1: either with or without bail or police supervision. A verdict
- 6:34Speaker 1: of murdering third degree would be brought in in cases
- 6:37Speaker 1: where there was undoubted proof of the crime being committed
- 6:40Speaker 1: by the prisoner, but in which the circumstances were such
- 6:45Speaker 1: as to make it extremely unlikely that the prisoner would
- 6:48Speaker 1: ever again commit a violent crime. This would cover the
- 6:51Speaker 1: cases of people who shoot their friends and then plead
- 6:54Speaker 1: that they did not think it was loaded, and would
- 6:57Speaker 1: be a much better verdict than the accidental death death,
- 7:00Speaker 1: which is generally returned at present. When the jury find
- 7:04Speaker 1: this verdict of murdering the third degree, it should rest
- 7:07Speaker 1: with the judge to impose a term of imprisonment long
- 7:10Speaker 1: or short, according to the circumstances. Murder in the second
- 7:15Speaker 1: degree would embrace cases in which the murder was fully proved,
- 7:19Speaker 1: but in which there was not premeditation or intent to murder.
- 7:23Speaker 1: Under this head would come a number of deaths resulting
- 7:26Speaker 1: from rows, brawls, and assaults without intent to kill. The
- 7:30Speaker 1: judge would have the power to pass a sentence of
- 7:33Speaker 1: death or of penal servitude for life. Murder in the
- 7:36Speaker 1: first degree in which both intent and result had been
- 7:39Speaker 1: murder would be a verdict, leaving the judge no option
- 7:42Speaker 1: but to impose the death penalty. Another question which ought
- 7:46Speaker 1: to be considered in this connection is the question of appeals.
- 7:50Speaker 1: At present, appeals are made to the Home Secretary. He
- 7:53Speaker 1: is really assisted by a number of other gentlemen who
- 7:56Speaker 1: examined most thoroughly into the original evidence and any additional
- 8:00Speaker 1: evidence that may have turned up. But this is a tribunal,
- 8:04Speaker 1: not legally appointed, and the public notion is that in
- 8:08Speaker 1: cases of appeal, the reversal of the sentence lies in
- 8:12Speaker 1: the hands of one man. I do not think that
- 8:14Speaker 1: even the most abandoned wretches would impute any unfairness to
- 8:18Speaker 1: the English Home Secretary. But I know that in many
- 8:21Speaker 1: quarters there is an idea that the Home Secretary is
- 8:25Speaker 1: a very kind gentleman who will let him off if
- 8:28Speaker 1: he possibly can, and such an idea seems to be
- 8:31Speaker 1: a very mischievous one. A court of appeal would appear
- 8:35Speaker 1: less personal and would be far less likely to be
- 8:37Speaker 1: suspected of leniency if it consisted of three judges, one
- 8:42Speaker 1: of whom should be the judge who had originally tried
- 8:44Speaker 1: the case. To such a bench of judges, I would
- 8:47Speaker 1: allow appeals to be made and would give them power
- 8:50Speaker 1: to reopen cases, refer them back to the jewries, or
- 8:54Speaker 1: to modify sentences, but not to reverse the jrawer's verdict.
- 8:58Speaker 1: This would mean that in the case of a verdict
- 9:01Speaker 1: of murder in the first degree, the only way in
- 9:04Speaker 1: which the execution could be prevented would be by referring
- 9:08Speaker 1: the case back to the jury, and this should only
- 9:10Speaker 1: be done on the production of new evidence pointing to
- 9:13Speaker 1: a miscarriage of justice. In the extreme case of evidence
- 9:17Speaker 1: turning up at the last moment, the Home Secretary should
- 9:21Speaker 1: have power to grant a stay of execution for such
- 9:24Speaker 1: a length of time as would allow the bench of
- 9:26Speaker 1: judges to reopen the case. The drawing up and presentation
- 9:29Speaker 1: of petitions by people who are in no way connected
- 9:32Speaker 1: with the case would to a great extent be done
- 9:35Speaker 1: away with under such a system as I have outlined.
- 9:40Speaker 1: But in order to provide for cases where the system
- 9:43Speaker 1: might not have this effect, I would make it a
- 9:45Speaker 1: punishable offense to attempt to influence the decision of the
- 9:49Speaker 1: judges or jurrymen by an appeal to any consideration other
- 9:54Speaker 1: than the evidence. This advice I give because in so many,
- 9:58Speaker 1: nay in most cases, the appeals contained in petitions are
- 10:02Speaker 1: based upon considerations other than the justice of the case,
- 10:06Speaker 1: if the condemned person is an interesting character, or if
- 10:10Speaker 1: there is any sort of excuse upon which an appeal
- 10:13Speaker 1: can be based. There are always a great number of
- 10:16Speaker 1: people who have no special knowledge of the case, and
- 10:20Speaker 1: who perhaps have not even read the newspaper reports, who
- 10:24Speaker 1: are ready to get up petitions, collect signatures, and stir
- 10:28Speaker 1: up a lot of sympathy for one who too often
- 10:31Speaker 1: deserves nothing but execration and contempt. Such agitations lead to
- 10:36Speaker 1: much misrepresentation of facts, and often to sweeping condemnations of
- 10:41Speaker 1: the judge and jury. They tend to infuse in the
- 10:44Speaker 1: minds of young people, especially and incorrect notion that the
- 10:48Speaker 1: administration of the law is uncertain and ineffectual, even if
- 10:53Speaker 1: it is not unjust and corrupt. The mere fact of
- 10:56Speaker 1: the extent to which the consideration of loathsome crime and
- 11:00Speaker 1: their punishment is brought under the notice of children by
- 11:03Speaker 1: this system of petitions is in my mind sufficient argument
- 11:08Speaker 1: for its complete suppression. One case, I might instance, in
- 11:12Speaker 1: which the master of two public schools led the whole
- 11:15Speaker 1: of the children under their charge through an ante room
- 11:19Speaker 1: in which a petition was lying, and made them all
- 11:21Speaker 1: sign it in turn. This kind of thing occurs whenever
- 11:24Speaker 1: a petition praying for a sentence of death to be
- 11:27Speaker 1: reversed or commuted is in the course of signature, and
- 11:31Speaker 1: surely such a thing should not be possible. In many cases,
- 11:35Speaker 1: the people who draw up these petitions are people who
- 11:38Speaker 1: object on principle to all capital punishment, but unfortunately the
- 11:43Speaker 1: principle is entirely lost to site when dealing with individual cases.
- 11:48Speaker 1: The fact of big petitions being represented in one case
- 11:51Speaker 1: while no effort is made in another case with similar
- 11:54Speaker 1: features naturally leads uneducated people to think that there is
- 11:58Speaker 1: uncertainty and injustice about the whole affair. There is still
- 12:03Speaker 1: one other respect in which I think our law with
- 12:05Speaker 1: reference to murder and the death penalty ought to be altered,
- 12:09Speaker 1: and that is with regard to the length of time
- 12:12Speaker 1: allowed to elapse between sentence and execution. In the interests
- 12:17Speaker 1: of all concerned, I would reduce the time from three
- 12:19Speaker 1: clear weeks at present to one week only. No doubt
- 12:24Speaker 1: many readers will cry out against this as an unnecessary
- 12:27Speaker 1: cruelty to all the condemned. But I say that I
- 12:30Speaker 1: would do it in the interests of all, after full
- 12:33Speaker 1: consideration and an unusually full knowledge of the ideas of
- 12:37Speaker 1: the condemned. Upon the subject, it is not a shorter
- 12:41Speaker 1: time that would be a cruelty. The present long time
- 12:44Speaker 1: is where the real cruelty comes. In so far as
- 12:47Speaker 1: I know, the three weeks grace given to the condemned
- 12:50Speaker 1: man is intended as a time for repentance and for
- 12:54Speaker 1: attending to the affairs of the soul. Therefore, the question
- 12:58Speaker 1: of allowing a long or short time is to a
- 13:00Speaker 1: great extent a religious one, and dangerous for me to tackle.
- 13:04Speaker 1: So I will confine my remarks as far as possible
- 13:07Speaker 1: to matters of fact and mere common sense considerations. If
- 13:11Speaker 1: the only purpose of the time allowed between sentence and
- 13:14Speaker 1: execution is to admit of conversion and a preparation for heaven,
- 13:20Speaker 1: it is fair to ask of anyone who wishes to
- 13:23Speaker 1: continue the present system whether it serves a purpose. If not,
- 13:28Speaker 1: there would seem to be no valid argument in favor
- 13:30Speaker 1: of its continuance. Personally, I am convinced by long experience
- 13:36Speaker 1: that the hope of regeneration during these three weeks in
- 13:39Speaker 1: the case of murderer is absolutely vain. There are many
- 13:42Speaker 1: instances in which the criminal becomes penitent, as it is
- 13:46Speaker 1: sometimes termed, and these penitence may divided into two cases. Firstly,
- 13:51Speaker 1: there is the class of those who have committed murder
- 13:54Speaker 1: without intent or premeditation, in a fit of frenzy, or
- 13:59Speaker 1: under peculiar sis circumstances, they have killed a human being.
- 14:03Speaker 1: It may be a half starved mother who has killed
- 14:05Speaker 1: the baby she could not feed, or a man who,
- 14:08Speaker 1: in a whirlwind of temper, has killed the unfaithful and
- 14:12Speaker 1: miserable wife, whose conduct has made his life a hell
- 14:15Speaker 1: upon earth for years. It may be many other similar cases, which,
- 14:20Speaker 1: under the scheme of five possible verdicts propounded above, would
- 14:24Speaker 1: be returned as murder in the second or third degree.
- 14:27Speaker 1: Under such a law, the extreme penalty would not be imposed.
- 14:31Speaker 1: But while we are under our present law, and supposing
- 14:34Speaker 1: that these persons are condemned without chance of reprieve, we
- 14:38Speaker 1: may fairly ask whether the three weeks grace is an
- 14:41Speaker 1: advantage to them. Such criminals are truly repentant or rather remorseful.
- 14:47Speaker 1: As a rule, the enormity of the crime bursts upon
- 14:50Speaker 1: them in the first calm moment after its commission. They
- 14:54Speaker 1: recoil in horror from the deed they have done, and
- 14:57Speaker 1: would gladly sacrifice anything, either even life itself, to undo
- 15:02Speaker 1: that deed. Again, there is true repenitence, which I take
- 15:06Speaker 1: it is the key to forgiveness. Even before their apprehension
- 15:09Speaker 1: and condemnation. Everything that can be done on earth by
- 15:14Speaker 1: or four such poor souls can be done in a week,
- 15:18Speaker 1: and they would not ask for more. Their repentance is sincere.
- 15:22Speaker 1: Their horror of their crime is greater than their dread
- 15:25Speaker 1: of death, which they welcome as a means of expiation.
- 15:29Speaker 1: Is any good purpose served by keeping such people for
- 15:33Speaker 1: three weeks in agony? The second class of penitence consists
- 15:38Speaker 1: of a horrible section of humanity, the cowardly desperadoes. These
- 15:43Speaker 1: are usually men whose crimes have shown a refinement of
- 15:46Speaker 1: cruelty and callousness that is positively revolting. They are the
- 15:51Speaker 1: hardened or professional criminals, whose hearts are devoid of pity
- 15:55Speaker 1: or remorse, and equally devoid of the least spark of courage.
- 16:00Speaker 1: They are the miserable men whose lives have been spent
- 16:03Speaker 1: in defying and blaspheming God, but who, when they see
- 16:07Speaker 1: death before them, whine and howl and beg for the
- 16:10Speaker 1: intercession of the Chaplain or any other godly person they
- 16:13Speaker 1: may meet with, not because they repent of their sins,
- 16:17Speaker 1: but because they are frightened almost to death by the
- 16:20Speaker 1: thought of a fiery hell which has been painted before
- 16:23Speaker 1: their imaginations in glowing colors. To such men as these,
- 16:27Speaker 1: I'm sure that the shortening of the waiting time would
- 16:30Speaker 1: be the greatest possible mercy, for the longer time only
- 16:34Speaker 1: gives them opportunity to work themselves into an almost demented state.
- 16:39Speaker 1: At the end of three weeks, they are often so
- 16:41Speaker 1: broken down and hysterical as to be incapable of correctly
- 16:45Speaker 1: understanding anything, and their only remaining feeling is a wild,
- 16:49Speaker 1: frantic dread of the scaffold. Besides the two classes of penitence,
- 16:54Speaker 1: there only remains the class who are not penitent at all.
- 16:57Speaker 1: They are mostly men who have been long equake with crime,
- 17:01Speaker 1: who have made it the business of their lives. They
- 17:04Speaker 1: look upon the law and its office as much as
- 17:06Speaker 1: a businessman looks upon a clever and unscrupulous competitor, and
- 17:11Speaker 1: upon a sentence of death as one of the business risks,
- 17:15Speaker 1: life ends for them not at the scaffold, but in
- 17:18Speaker 1: the dock when sentence is pronounced. From that time they
- 17:21Speaker 1: sink into a state of sullen indifference, or take up
- 17:24Speaker 1: any occupation that may offer merely to kill time. In
- 17:29Speaker 1: some cases they take the Bible reading in prayers because
- 17:32Speaker 1: they think it can't do any harm and may do
- 17:34Speaker 1: a bit of good, and because they have nothing else
- 17:37Speaker 1: to do. No one can say that such men are penitent,
- 17:40Speaker 1: since on release they would return to their vicious ways.
- 17:43Speaker 1: They would not be likely to reach any better state
- 17:46Speaker 1: if they were allowed to live three months instead of
- 17:49Speaker 1: three weeks. For the only regret that they can be
- 17:51Speaker 1: brought to feel is personal and purely selfish. It is
- 17:55Speaker 1: founded on fear of hell, and it is not a
- 17:58Speaker 1: contrician for having admitted the crime, but a regret that
- 18:02Speaker 1: the crime carries with it a punishment in the next world.
- 18:05Speaker 1: Convicts of this class, when they have no hope of reprieve,
- 18:08Speaker 1: do not thank us for the three weeks of life
- 18:11Speaker 1: that are given to them. If they could have their
- 18:13Speaker 1: own choice, they would prefer to walk straight from the
- 18:16Speaker 1: doctor the scaffold and to get it over at once.
- 18:19Speaker 1: In every case, if the matter is thoroughly inquired into
- 18:23Speaker 1: on lines of common sense instead of mere sentiment, I
- 18:26Speaker 1: think the conclusion will be that the three weeks allowed
- 18:29Speaker 1: are no advantage whatever to the convicts. In most cases
- 18:34Speaker 1: their position would be decidedly improved by reducing the time.
- 18:38Speaker 1: There are other distinct advantages to be gained by reducing
- 18:41Speaker 1: the interval. In the first place, it would greatly improve
- 18:44Speaker 1: the moral effect of the death sentence. Retribution following directly
- 18:48Speaker 1: after conviction is a distinct object lesson, and the shorter
- 18:53Speaker 1: the time between. The more obvious is the connection between
- 18:56Speaker 1: the crime and the punishment. When even three weeks elapsed,
- 19:00Speaker 1: the connection is often lost. In the second place, the
- 19:03Speaker 1: alteration I advocate would greatly prevent the stirring up a
- 19:07Speaker 1: full sentiment in favor of convicts who happen to have
- 19:10Speaker 1: an interesting personality. It would put a stop to the
- 19:13Speaker 1: petition signing, which is often indulged in by people who
- 19:16Speaker 1: know nothing of the case, but who are worked upon
- 19:19Speaker 1: to express sympathy with the convict and want faith in
- 19:22Speaker 1: the justice of our system of trial. If only a
- 19:26Speaker 1: we collapse between sentence and execution, the facts of the
- 19:29Speaker 1: trial and details of their evidence would remain fresher in
- 19:32Speaker 1: the public mind, and people will be less liable to
- 19:36Speaker 1: be led to mistrust the justice of the sentence. To
- 19:39Speaker 1: all the people who have charge of the convicts before execution,
- 19:43Speaker 1: a shortening of the time would be a great blessing,
- 19:46Speaker 1: for such a charge is often a sole harrowing experience.
- 19:50Speaker 1: The chaplains, especially whose experiences are often most unpleasant, and
- 19:55Speaker 1: whose earnest efforts meet with such disappointing return, would I
- 20:00Speaker 1: think welcome the change. End of Chapter ten. Recording by
- 20:05Speaker 1: Ashley Jane