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One other fact belongs properly to this division: The professional criminal is not, in his own class, the revolutionary creature that he seems when preying upon the classes above him. His attitude toward society in general is without doubt disrespectful and anarchistic, and it is usually immaterial to him what happens to society as such, so long as he can make a "stake"; but in his own environment he is one of the most conservative of human beings. There is no class, for instance, where old age and mature opinion receive more respect and carry more weight; and, as a general thing, the young men in it – the radical element – are expected to take a back seat. At a hang-out gathering they must always show deference to the older men, and nothing is so severely judged as "freshness" on their part.

I think this is a characteristic of the criminal that might be turned to good account if he should ever be won over to respectable living: in affairs of the State, provided he had a fair share of this world's goods, he would be found invariably on the conservative rather than on the radical side.

IV

I come now to the question of the criminal's moral responsibility. Can he be held definitely answerable for his evil-doing, or is he morally insane and unable to distinguish between right and wrong? The instinctive criminal must be irresponsible, and his treatment should be such as we give to insane people. As I know him, he cannot help his criminal actions; it is in him to do them; and the only merciful thing is to put him where he at least cannot continue his depredations on society, and where, if cure be possible, he may be in the hands of specialists best fitted to help him. But, as I said at the outset, he is not the sort of criminal that I have found in largest numbers in the open. It is the commercial criminal that predominates there; and, as a rule, he can be held responsible for his evil-doing.

It is often said that his lack of remorse for his crimes proves him to be morally incompetent; but this opinion is founded on insufficient knowledge of his life. He has two systems of morality: one for his business, and the other for the hang-out. The first is this: "Society admits that the quarrel with me is over after I have served out my sentence; and I, naturally enough, take the same view of the matter. It is simply one of take and pay. I take something from society and give in exchange so many years of my life. If I come out ahead, so much the better for me; if society comes out ahead, so much the worse for me, and there is no use in whimpering over the transaction." So long as he remains in the business he thinks it only fair to "stick up for it"; and he dislikes and will not associate with men who denounce it in public.

This is his attitude toward the world at large. He puts on a bold front, and, as he himself says, "nerves" the thing through. In the bosom of his hang-out, however, – and this is where we ought to study his ethics, – he is a very different man. His code of morals there will compare favorably with that of any class of society; and there is no class in which fair dealing is more seriously preached, and unfair dealing more severely condemned. The average criminal will stand by a fellow-craftsman through thick and thin; and the only human being he will not tolerate is the one who turns traitor. The remorse of this traitor when brought to bay by his former brethren I have never seen exceeded anywhere. It was my fate some years ago, while living with tramps, to be lodged in a jail where one of the prisoners was a "State's evidence" witness. He had been released from prison by promising to tell tales on an old man, – who was supposed to be the main culprit in the crime in question, – and was lodging in the jail until the trial was over. Unfortunately for him, some of the prisoners had known him prior to this episode in his career; and they sent him to Coventry so completely that his life in the jail became unbearable, and he almost died ere he could give his testimony. At night we could hear him groaning in his sleep as if he were undergoing the most fearful torture, and in the daytime he slunk around the corridors like a whipped dog. He lived to give his evidence in the trial, and was released from durance; but a few days later he was found dead by his own hand. When the inmates of the jail heard of his fate they relented a little in their hatred of him; but the final opinion was that suicide was the best solution of the problem.

It is thought by criminologists that the good fellowship of the criminal is due to self-preservation and the fear that each man will hang separately if all do not hang together. They maintain that his good feeling is not genuine and spontaneous emotion, and that it is immaterial what happens to a "pal" so long as he himself succeeds. This is not my experience in his company. He has never had the slightest intimation that I would return favors that he did me; and in the majority of instances he has had every reason to know that it was not in my power to show him the friendliness he wanted. Yet he has treated me with an altruism that even a Tolstoi might admire. At the hang-out I have been hospitably entertained on all occasions; and I have never met a criminal there who would not have given me money or seen me through a squabble, had I needed his assistance and he was able to give it. This same comradeship is noticeable in all his relations with men who are in the least connected with his life and business; and it is a notorious fact that he will "divvy" his last meal with a pal. To have to refuse the request of one of his fellows, or to do him an unkindness, is as much regretted by the criminal as by any one else; and I have never known him to tell me a lie or to cheat me or to make fun of me behind my back.

There are also some things in his relations with the outside world which, in his heart of hearts, he regrets and repents of as much as he does the misdeeds in his own world. He always feels bad, for instance, when he takes money from the poor. It sometimes happens in his raids that he makes mistakes and gets into the wrong house, or has been deceived about the wealth of his victims; and if he discovers that he has robbed a poor man, or one who cannot conveniently bear the loss, he is ashamed and never enjoys the plunder thus won. He is too near the poor, in both birth and sentiment, not to feel remorse for such an action; and I have known him to send back money after he has discovered that the person from whom he took it needed it more than he.

The taking of life is another deed that he regrets far more than he has been given credit for. One thinks of the criminal as the man who has no respect for life, as one who takes it without any twitchings of conscience; but this is not the general rule. The business criminal never takes a life, if he can help it; and when he does, he expects, in court, to receive the death-penalty. Indeed, he believes, as a rule, that murder deserves capital punishment; and I have often heard him express wonder at the lightness of the penalties which murderers receive.

At the hang-out a favorite topic of discussion is, which penalty is preferable – life-imprisonment or death. The consensus of opinion has generally run in favor of life-imprisonment, even with no hope of pardon; but I have never heard a whimper against the justice of the death-sentence.

It is also true that the majority of criminals regret finding a man in their class who has once belonged to a better one. They are invariably sorry that he has lost caste, no matter what the circumstances have been that have brought him low, and are more likely to help him back to decent society, providing he shows repentance and willingness to do better, than they are to help themselves.

Philanthropists might learn a great deal of charity from the criminal. His idea is that it is better to keep a member of a respectable class of society from falling than it is to raise some one in a lower class to a higher one – a philosophy which I think very sound.

One more regret which nearly all criminals of the class I am considering have experienced at one time or another in their lives, is that circumstances have led them into a criminal career. Their remorse may be only for a moment, and an exaggerated indifference often follows it; but while it lasts it is genuine and sincere. I have never known a criminal well who has not confessed to me something of this sort; and he has often capped it with a further confidence – his sorrow that it was now too late to try anything else.

V

Such, in hurried and transitory outline, is the impression the criminal has made upon me in the open day. The mistakes which criminologists have made in regard to his case seem to me to be these: They have failed to take note of the fearful effects of confinement upon his health; they have allowed themselves to be deceived by him in regard to his intelligence; and they have judged of his moral status simply from his "faked" attitude toward the world at large, failing to take into account his ethics among his fellows. I believe, too, that they are on the wrong track in their studies of the criminal's skull. They have examined it in all manner of ways with an ever-varying result; for each investigator comes to a different conclusion. Far better for criminology to study the criminal's milieu; and until this is done thoroughly and conscientiously, he cannot be reasonably apprehended and scientifically treated.

So far as our present knowledge of his case can help us, he himself teaches what ought to be done with him. I have written of the discouraged criminal – the man who has given up crime because he has discovered that it was not worth the pains it cost him. Punishment, or expiatory discipline, if you please, has brought him to this conclusion. Here is good penology for us. If a man does wrong, wilfully and knowingly, he must be disciplined till he learns that society will not tolerate such conduct. The discouraged criminal is one who has been thus instructed. Now that he is a tramp, the same principle must be applied to him again: make him a discouraged vagabond. Such is the treatment which society must bring to bear on the deliberate law-breaker.

If I have studied the criminal to any purpose, it is with the resulting conviction that he is physically, mentally, and morally responsible; and that, though unhappy in his birth and environment, the very energy which has enabled him to get away from his poverty is the "promise and potency" of a better life. And human hope looks forward to a day when, in the regeneration of his class, he shall be born into better things than crime.

II
THE CHILDREN OF THE ROAD

I

The real "road" is variously named and variously described. By the "ambulanter" it is called Gipsyland, by the tramp Hoboland; the fallen woman thinks it is the street, the thief, that it means stealing and the penitentiary; even the little boy who reads dime novels and fights hitching-posts for desperados believes momentarily that he too is on the real road. All these are indeed branches of the main line. The road proper, or "the turf," as the people who toil along its stretches sometimes prefer to call it, is low life in general. It winds its way through dark alleys and courts to dives and slums, and wherever criminals, hoboes, outcast women, stray and truant children congregate; but it never leads to the smiling windows and doorways of a happy home, except for plunder and crime. There is not a town in the land that it does not touch, and there are but few hamlets that have not sent out at least one adventurer to explore its twists and turnings.

The travelers, as I have said, are of all kinds, conditions, and ages: some old and crippled, some still in their prime, and others just beginning life. To watch in thought the long and motley procession marching along is to see a panorama of all the sins, sorrows, and accidents known to human experience. Year after year they trudge on and on, and always on, seeking a goal which they never seem to find. Occasionally they halt for a while at some half-way house, where they have heard that there is a resting-place of their desire; but it invariably proves disappointing, and the tramp, tramp, tramp begins afresh. Young and old, man and woman, boy and girl, all go on together; and as one dies or wearies of the march, another steps into his heel-tracks, and the ranks close up as solidly as ever.

The children of the road have always been to me its most pitiful investiture, and I have more than once had dreams and plans that looked to the rescue of these prematurely outcast beings. It needs skilled philanthropists and penologists, however, for such a work, and I must content myself with contributing experiences and facts which may perhaps aid in the formation of theory, and thus throw light upon the practical social tasks that are before us.

There are four distinct ways by which boys and girls get upon the road: some are born there, some are driven there, others are enticed there, and still others go there voluntarily.

Of those who are born on the road, perhaps the least known are the children of the ambulanters. The name is a tramp invention, and not popular among the ambulanters themselves. They prefer to be called gipsies, and try at times, especially when compelled by law to give some account of themselves, to trace their origin to Egypt; but the most of them, I fear, are degenerated Americans. How they have become so is a question which permits of much conjecture, and in giving my own explanation I do not want it to be taken as applicable to the entire class. I know only about fifty families, and not more than half of these at all familiarly; but those whom I do know seem to me to be the victims of a pure and simple laziness handed down from generation to generation until it has become a chronic family disease. From what they have told me confidentially about their natural history, I picture their forefathers as harmless village "do-nothings," who lounged in corner groceries, hung about taverns, and followed the fire-engine and the circus. The second generation was probably too numerous for the home parish, and, inheriting the talent for loafing, started out to find roomier lounges. It must have wandered far and long, for upon the third generation, the one that I know, the love of roaming descended to such a degree that all North America is none too large for it. Go where one will, in the most dismal woods, the darkest lanes, or on the widest prairies, there the ambulanter may be found tenting with his large and unkempt family. He comes and goes as his restless spirit dictates, and the horse and wagon carry him from State to State.

It is in Illinois that I know his family best. Cavalier John, as he proudly called himself, I remember particularly. He gave me shelter one night in his wagon, as I was toiling along the highway south of Ottawa, and we became such good friends that I traveled with his caravan for three days. And what a caravan it was! A negro wife, five little mulattoes, a deformed white girl, three starved dogs, a sore-eyed cat, a blasphemous parrot, a squeaking squirrel, a bony horse, and a canvas-topped wagon, and all were headed "Texas way." John came from Maine originally, but he had picked up his wife in the West, and it was through their united efforts in trickery and clever trading that they had acquired their outfit. So far as I could learn, neither of them had ever done an honest stroke of business. The children ranged from three years to fourteen, and the deformed girl was nearly twenty. John found her among some other ambulanters in Ohio, and, thinking that he might make money out of her physical monstrosities as "side-shows," cruelly traded off an old fox for her. She ought to have been in an insane asylum, and I hope John has put her there long ago. The other "kidlets," as they were nicknamed, were as deformed morally as was the adopted girl physically. They had to beg in every town and village they came to, and at night their father took the two oldest with him in his raids on the hen-roosts. It was at town and county fairs, however, that they were the most profitable. Three knew how to pick pockets, and the two youngest gave acrobatic exhibitions. None of them had ever been in school, none could read or write, and the only language they spoke was the one of their class. I have never been able to learn it well, but it is a mixture of Rom and tramp dialects with a dash of English slang.

On the journey we met another caravan, bound West by way of Chicago. There were two families, and the children numbered sixteen; the oldest ranging from fifteen to twenty, and the youngest had just appeared. We camped together in a wood for a night and a day, and seldom have I sojourned in such company. John had given me a place with him in the wagon, but now the woman with the babe was given the wagon, and John and I slept, or tried to, "in the open." In the other wagon, both sexes, young and old, were crowded into a space not much larger than the ordinary omnibus, and the vermin would have made sleep impossible to any other order of beings. The next day, being Sunday, was given over to play and revel, and the poor horses had a respite from their sorrows. The children invented a queer sort of game, something like "shinny," and used a dried-up cat's head as block. They kicked, pounded, scratched, and cursed one another; but when the play was over all was well again, and the block was tucked away in the wagon for further use. Late at night the journeys were taken up once more, one caravan moving on toward Dakota, and the other toward the Gulf.

"Salawakkee!"¹ cried John, as he drove away; and the strangers cried back, "Chalamu!"²

I wonder what has become of that little baby for whom I sat the night out? It is over ten years ago now, and he has probably long since been compelled to play his part in crime, and scratch and fight as his older brothers and sisters did on that autumn Sunday morning. Certainly there is nowhere in the world a more ferocious set of children than these of the ambulanters. From morning till night it is one continual snap and bite, and the depraved fathers and mothers look on and grin. They have not the faintest ideal of home, and their only outlook in life is some day to have a "rig" of their own and prowl throughout the land, seeking whom they may devour. To tame them is a task requiring almost divine patience. I should not know how to get at them. They laugh at tenderness, never say "Thank you," and obey their parents only when driven with boot and whip. I wish that I could suggest some gentle method by which they could be rescued from the road and made good men and women. It always seems harsh to apply strict law to delinquents so young and practically innocent, but it is the only remedy I can offer. They must be put under stiff rule and order, and trained strictly and long. Although lacking gipsy blood, they have acquired gipsy character, and it will take generations to get it out of them. Just how many children are born on the road is a question which even the ambulanter would find difficult to answer. They are scattered so widely and in such out-of-the-way places that a census is almost impossible. In the families that I have met there have never been less than four children. Gipsy Sam once told me that he believed there were at least two hundred ambulanter families in the United States, but this will strike every one as a low estimate; however, if this is true, and each family has as many boys and girls as those that I have met, then there must be at least a thousand of their kind.

Another kind of ragamuffin, also born on the road, and in many ways akin to the ambulanter, although wanting such classification, is the one found so often in those families which every community supports, but relegates to its uttermost boundary-lines. They are known as "the McCarthys," "the Night-Hawks," or "the Holy Frights," as the case may be. I have found no town in the United States of twenty thousand inhabitants without some such little Whitechapel in its vicinity, and, like the famous original, it is often considered dangerous to enter unarmed. Speaking generally, there is a great deal of fiction afloat concerning these tabooed families, a number of them being simply poor or lazy people whom the boys of the vicinity have exaggerated into gangs of desperados. There are, however, some that are really very bad, and I have found them even in new little villages. They are not exactly out-and-out criminals whom the police can get hold of, but moral lepers who by public consent have been sentenced to live without the pale of civilization.

Some years ago I had occasion to visit one of these miniature Whitechapels. It was situated in a piece of woods not far from St. Paul, Minnesota, and belonged by right of appropriation to three families who were called "the Stansons." A tramp friend of mine had been taken sick in their camp, and I was in duty bound to go out to see him. I managed to find the settlement all right, but was stopped about a hundred yards from the log shanties by a bushy-bearded man, barefooted and clad only in trousers, who asked my errand. My story evidently satisfied him, for he led the way to the largest of the shanties, where I found my friend. He was lying in the middle of the floor on some straw, the only furniture in the room being a shaky table and a three-legged chair. All about him, some even lying in the straw beside him, were half-clothed children of both sexes, playing "craps" and eating hunks of bread well daubed with molasses. I counted nine in that shanty alone, and about as many again in the other two. They belonged severally to six women who were apportioned after Mormon custom to three men. The tramp told me in his dialect that they really were Mormons and came from Utah. He was passing by their "hang-out," as he called it, when taken ill, and they hospitably lodged him. He said they had not been there long, having come up the river from Des Moines, Iowa, where they had also had a camp; but long enough, I discovered on my return to St. Paul, to acquire a reputation among the city lads for all kinds of "toughness." I suppose they were "tough" when considered from certain viewpoints, but, as the tramp said, it was the silliest kind he had known. They were not thieves, and only luke-warm beggars, but they did seem to love their outlandish existence. The children interested me especially, for they all spoke a queer jargon which they themselves had invented. It was something like the well-known "pig Latin" that all sorts of children like to play with, but much more complicated and difficult to understand. And, except the very youngest, who naturally cried a little, they were the jolliest children I have ever seen in such terrible circumstances. The mothers were the main breadwinners, and while I was there one of them started off to town on a begging trip, with a batch of children as "guy." The men sat around, smoked, and talked about the woods. The tramp told me later, however, that they occasionally raided a hen-roost. Since my visit to the Stansons I have seen three of the children in different places: one, a cripple, was begging at the World's Fair; another was knocking about the Bowery; and the third, a girl, was traveling with an ambulanter in the Mohawk valley.

Not all of these families are like the Stansons. A number are simply rough-and-tumble people who haunt the outskirts of provincial towns, and live partly by pilfering and partly from the municipal fund for the poor. Somehow or other the children always dodge the school commissioners, and grow up, I am sorry to say, very much like their usually unmarried parents. On the other hand, there are several well-known organized bands, and they thrive mainly, I think, in the South and West. Near New Orleans there used to be, and for aught I know they are still there, "the Jim Jams" and "the Rincheros"; near Cairo, Illinois, "the River Rats"; near Chicago, "the Dippers"; and not far from New York, in the Ramapo Mountains, I knew of "the Sliders," but they have since moved on to new fields. Each of these families, or collection of families, had its full quota of children. Very often the public becomes so enraged at their petty thefts that an investigation is ordered, and then there is a sudden packing of traps and quick departure to a different neighborhood, where a new name is invented. But the family itself never dies out entirely.

There are a few children who are born in Hoboland. Now and then, as one travels along the railway lines, he will come to a hastily improvised camp, where a pale, haggard woman is lying, and beside her a puny infant, scarcely clothed, blinking with eyes of wonder upon the new world about him. I know of no sadder sight than this in all trampdom. Not even the accident of motherhood can make the woman anything but unhuman, and the child, if he lives, grows up in a world which I believe is unequaled for certain forms of wickedness. Fortunately, his little body usually tires of the life ere he comes to realize what it is, and his soul wanders back to regions of innocence, unsoiled and unscarred.

I wonder whether there are still men in Hoboland who remember that interesting little fellow called "the Cheyenne Baby"? Surely there are some who have not forgotten his grotesque vocabulary, and his utterly overpowering way of using it. There are different stories concerning his origin, and they vary in truthfulness, I have heard, as one travels southward from the Northern Pacific to Santa Fé. I give the one told in Colorado. It may be only a "ghost-story," and it may be true; all that I know is that it is not impossible. According to its teaching, his mother was once respectable and belonged to the politest society in the Indian Territory. When quite a young girl she carelessly fell in love with a handsome Indian chief, and, much to the disgust of her friends, married him and went away into his camp. It must have been a wild life that she led there, for within a year she was separated from him and living with another Indian. It is the same pitiful story for the next five years; she was knocked about from tent to tent and camp to camp. Her enemies say that she liked that kind of life, but her friends know better, and claim that she was ashamed to go home. However it was, she went over to the cow-boys after a while, and it was then that the baby was born, and she met the man, whoever he was, that introduced her into Hoboland. She appeared one night at a hang-out near Denver, and there was something so peculiarly forlorn about her that the men took pity on her and pressed her to stay. This she did, and for some time traveled with the hoboes throughout the districts lying between Cheyenne and Santa Fé. The boy became a sort of "mascot," and was probably the only child in Hoboland who was ever taught to be really good. The mother had stipulated with the men that they should never teach him anything bad, and the idea struck them as so comical that they fell in with it. Though they swore continually in his presence, they invariably gave him some respectable version of the conversation; and while about the only words he knew were curses, he was made to believe they signified the nicest things in the world. He died just as unknowing as he had lived, but it was a cruel death. He and his mother, together with some companions, were caught one night in a wreck on the Union Pacific, and all that the survivors could find of him to bury was his right arm. But that was bravely honored, and, unless the coyotes have torn down the wooden slab, the grave can still be found on the prairies.

I cannot leave this division of my theme without saying something about that large army of unfathered children who, to my mind, are just as much born on the road as the less known types. True, many of them are handed over at birth to some family to support, but the great majority of these families are not one whit better than the ambulanters. They train the orphans put into their care, in sin and crime, quite as carefully as the hobo does his beggar boy. These are the children who make up the main body of the class I have been considering, and it seems to me that they increase from year to year. At present the only legitimate career for them is that of the outcast, and into it they go. Few, indeed, succeed in gaining a foothold in polite society. Their little lives form the border-land of my second class, the children driven to the road.