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Updated: June 18, 2025
As it often happens that boisterous and unruly people, either in frays or out of revenge, do very great injuries unto others, yet without taking away their lives, in such a case the Law adjudges the offender who commits a mayhem to the severest penalties.
There is a story told of a case where a notorious character was charged with the unusual crime of "mayhem" biting off another man's finger. The defendant's counsel secured adjournment after adjournment no one knew why. At last the case was moved for trial and the prosecution put in its evidence, clearly showing the guilt of the prisoner.
There was so much of overwhelming censure in the naval tone that Jack's spirit was stung to the quick. "It's your mistake, sir," he retorted. "You didn't follow the course I advised. You swung the ship around to port, and " "Silence, now, if you please, while men are trying to get this vessel out of a scrape a boy got her into," commanded Mr. Mayhem, sternly. Jack flushed, then bit his tongue.
The other related the exploits of an Irish highwayman named Brennan, whose chief virtue was that What he rob-bed from the rich he gave unto the poor. And this was the villainous chorus in which they all joined, and sang in such a way as suggested highway robbery, murder, mayhem and arson: Brennan on the moor! Brennan on the moor! Proud and undaunted stood John Brennan on the moor.
"Professor Archimedes Q. Porter," broke in Mr. Philander, in icy tones, "the time has arrived when patience becomes a crime and mayhem appears garbed in the mantle of virtue. You have accused me of cowardice. You have insinuated that you ran only to overtake me, not to escape the clutches of the lion. Have a care, Professor Archimedes Q. Porter! I am a desperate man.
There was no point in allowing it to stay, and that band of solid light, immovably in place on the wrestler's head, made a perfect battering ram for head-butting mayhem. Boswellister paid no attention to the gladiators-at-mat; he left his seat as soon as the device was removed and walked out onto Ventura Boulevard. He went over his cultural equation, trying to find the flaw.
The penalty for Arson was twenty years, subject to parole after four years. For Robbery fifteen years and subject to parole after three years. The same penalty for Assault to Murder and subject to parole after three years. Manslaughter, Mayhem and Bribery were punished by imprisonment for ten years and subject to parole after two years.
I must preface the argument from precedent with a reference to what has been said already in the first Lecture about early forms of liability, and especially about the appeals. It was there shown that the appeals de pace et plagis and of mayhem became the action of trespass, and that those appeals and the early actions of trespass were always, so far as appears, for intentional wrongs. /1/
Tempers were extraordinarily short; a surprised housebreaker was likely to add battery, mayhem and arson to his crimes, and altercations which commonly would have terminated in nothing more violent than lurid epithets now frequently ended in murder.
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