Emma Goldman Archive
Written: 1914
Source: Published by Richard G. Badger, The Gorham Press, in Boston, and in Toronto, the Copp Clark Co., Ltd., 1914.
Transcription/Markup: Andy Carloff
Online Source: RevoltLib.com; 2021
No subject of equal social import has received such thoughtful consideration in recent years as the question of Crime and Punishment. A number of books by able writers, both in Europe and this country--preeminently among them "Prison Memoirs of an Anarchist," by Alexander Berkman--discuss this topic from the historic, psychologic, and social standpoint, the consensus of opinion being that present penal institutions and our methods of coping with crime have in every respect proved inadequate as well as wasteful. This new attitude toward one of the gravest social wrongs has now also found dramatic interpretation in Galsworthy's "Justice."
The play opens in the office of James How & Sons, solicitors. The senior clerk, Robert Cokeson, discovers that a check he had issued for nine pounds has been forged to ninety. By elimination, suspicion falls upon William Falder, the junior office clerk. The latter is in love with a married woman, the abused and ill-treated wife of a brutal drunkard. Pressed by his employer, a severe yet not unkindly man, Falder confesses the forgery, pleading the dire necessity of his sweetheart, Ruth Honeywill, with whom he had planned to escape to save her from the unbearable brutality of her husband.
Falder. Oh! sir, look over it! I'll pay the money back--I will, I promise.
Notwithstanding the entreaties of young Walter How, who holds modern ideas, his father, a moral and law-respecting citizen, turns Falder over to the police.
The second act, in the court room, shows Justice in the very process of manufacture. The scene equals in dramatic power and psychologic verity the great court scene in "Resurrection." Young Falder, a nervous and rather weakly youth of twenty-three, stands before the bar. Ruth, his faithful sweetheart, full of love and devotion, burns with anxiety to save the young man, whose affection for her has brought about his present predicament. Falder is defended by Lawyer Frome, whose speech to the jury is a masterpiece of social philosophy. He does not attempt to dispute the mere fact that his client had altered the check; and though he pleads temporary aberration in his defense, the argument is based on a social consciousness as fundamental and all-embracing as the roots of our social ills--"the background of life, that palpitating life which always lies behind the commission of a crime." He shows Falder to have faced the alternative of seeing the beloved woman murdered by her brutal husband, whom she cannot divorce, or of taking the law into his own hands. He pleads with the jury not to turn the weak young man into a criminal by condemning him to prison.
Frome. Men like the prisoner are destroyed daily under our law for want of that human insight which sees them as they are, patients, and not criminals. . . . Justice is a machine that, when someone has given it a starting push, rolls on of itself. . . . Is this young man to be ground to pieces under this machine for an act which, at the worst, was one of weakness ? Is he to become a member of the luckless crews that man those dark, ill-starred ships called prisons? . . . I urge you, gentlemen, do not ruin this young man. For as a result of those four minutes, ruin, utter and irretrievable, stares him in the face . . . The rolling of the chariot wheels of Justice over this boy began when it was decided to prosecute him.
But the chariot of Justice rolls mercilessly on, for--as the learned Judge says--
"Your counsel has made an attempt to trace your offense back to what he seems to suggest is a defect in the marriage law; he has made an attempt also to show that to punish you with further imprisonment would be unjust. I do not follow him in these flights. The Law what it is--a majestic edifice, sheltering all of us, each stone of which rests on another. I am concerned only with its administration. The crime you have committed is a very serious one. I cannot feel it in accordance with my duty to Society to exercise the powers I have in your favor. You will go to penal servitude for three years."
In prison the young, inexperienced convict soon finds himself the victim of the terrible "system." The authorities admit that young Falder is mentally and physically "in bad shape," but nothing can be done in the matter: many others are in a similar position, and "the quarters are inadequate."
The third scene of the third act is heart-gripping in its silent force. The whole scene is a pantomime, taking place in Falder's prison cell.
"In fast-falling daylight, Falder, in his stockings, is seen standing motionless, with his head inclined towards the door, listening. He moves a little closer to the door, his stockinged feet making no noise. He stops at the door. He is trying harder and harder to hear something, any little thing that is going on outside. He springs suddenly upright--as if at a sound--and remains perfectly motionless. Then, with a heavy sigh, he moves to his work, and stands looking at it, with his head down; he does a stitch or two, having the air of a man so lost in sadness that each stitch is, as it were, a coming to life. Then, turning abruptly, he begins pacing his cell, moving his head, like an animal pacing its cage. He stops again at the door, listens, and, placing the palms of his hands against it, with his fingers spread out, leans his forehead against the iron. Turning from it, presently, he moves slowly back towards the window, tracing his way with his finger along the top line of the distemper that runs round the wall. He stops under the window, and, picking up the lid of one of the tins, peers into it. It has grown very nearly dark. Suddenly the lid falls out of his hand with a clatter--the only sound that has broken the silence--and he stands staring intently at the wall where the stuff of the shirt is hanging rather white in the darkness-he seems to be seeing somebody or something there. There is a sharp tap and click; the cell light behind the glass screen has been turned up. The cell is brightly lighted. Falder is seen gasping for breath.
"A sound from far away, as of distant, dull beating on thick metal, is suddenly audible. Falder shrinks back, not able to bear this sudden clamor. But the sounds grows, as though some great tumbrel were rolling towards the cell. And gradually it seems to hypnotize him. He begins creeping inch by inch nearer to the door. The banging sound, traveling from cell to cell, draws closer and closer; Falder's hands are seen moving as if his spirit had already joined in this beating; and the sound swells until it seems to have entered the very cell. He suddenly raises his clenched fists."
"Panting violently, he flings himself at his door, and beats on it."
Falder leaves the prison, a broken ticket-of-leave man, the stamp of the convict upon his brow, the iron of misery in his soul.
Falder. I seem to be struggling against a thing that's all round me. I can't explain it: it's as if I was in a net; as fast as I cut it here, it grows up there. I didn't act as I ought to have, about references; but what are you to do? You must have them. And that made me afraid, and I left. In fact, I'm--I'm afraid all the time now.
Thanks to Ruth's pleading, the firm of James How & Son is willing to take Falder back in their employ, on condition that he give up Ruth. Falder resents this: Falder. I couldn't give her up. I couldn't! Oh, sir! I'm all she's got to look to. And I'm sure she's all I've got.
It is then that Falder learns the awful news that the woman he loves had been driven by the chariot wheel of Justice to sell herself.
Ruth. I tried making skirts. . . cheap things. It was the best I could get, but I never made more than ten shillings a week, buying my own cotton and working all day; I hardly ever got to bed till past twelve. I kept at it for nine months.... It was starvation for the children.... And then ... my employer happened--he's happened ever since.
At this terrible psychologic moment the police appear to drag Falder back to prison for failing to report to the authorities as ticket-of-leave man. Completely overcome by the inexorability of his fate, Falder throws himself down the stairs, breaking his neck.
The socio-revolutionary significance of "Justice" consists not only in the portrayal of the in-human system which grinds the Falders and Honeywills, but even more so in the utter helplessness of society as expressed in the words of the Senior Clerk, Cokeson, "No one'll touch him now! Never again! He's safe with gentle Jesus!"