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Updated: May 2, 2025
Faulkner, it comes within your province to abuse a prisoner unconvicted of any crime?" "I deny that I abused him," Mr. Faulkner said hotly. "There is no occasion for heat, sir," Mr. Probert said quietly. "You are in the position of a witness at present and not of a magistrate, and must reply like any other witness. Well, you deny having abused him.
To have an officer constantly watching over a man may affix a certain stigma to the man, but even so, it is not indelible nor nearly so great as that which the prison leaves behind it. To make this disadvantage as small as possible, the officers wear no uniform and, within their prescribed area, work among the convicted and unconvicted alike. The type of officer required is not easily found.
If any one of us, for the remainder of our days, should be given over to that ordinary indifference towards sin with which we walk these streets, and transact business, and enjoy life; if God's truth should never again in this world stab the conscience, and God's Spirit should never again make us anxious; is it not infallibly certain that the future would be as the past, and that we should go through this "accepted time and day of salvation" unconvicted and therefore unconverted?
"Miss Parker, when a hard-boiled, unconvicted murderer and grass-thief borrows my horse without my permission, and I ride that sort of man down, upset him, sit on him, and choke him, the instincts of my ancestors, the custom of the country, common sense, and my late military training all indicate to me that I should frisk him for deadly weapons. I did that.
He is there, in the prisoner's pen, a convicted murderer and an unconvicted assassin, the last of his race, the bullies and bad men of the border, a thing to be forgotten and put away forever from the sight of men. And I ask you, gentlemen, to put him away where he will not hear the voice of man nor children's laughter, nor see a woman's smile.
Is he on the honored bench dispensing justice, and making the intricacies of the law straight? No, gentlemen; he has no part in our triumph. He is there, in the prisoners' pen, an outlaw, a convicted murderer, and an unconvicted assassin, the last of his race the bullies and bad men of the border a thing to be forgotten and put away forever from the sight of man.
"Mugging" was all right, so long as you "mugged" the right persons. The situation thus outlined was one of more than passing interest. A sensitive point in our governmental nervous system had been touched and a condition uncovered that sooner or later must be diagnosed and cured. For the police have no right to arrest and photograph a citizen unconvicted of crime, since it is contrary to law.
Here was the case of accessories tried, whilst their principal for such he should call the Countess of Derby was unconvicted and at large; and for Doctor Oates, he had but spoke of matters which personally applied to that noble lady, whose words, if she used such in passion, touching aid which she expected in some treasonable matters from these Peverils, and from her kinsmen, or her son's kinsmen, of the House of Stanley, may have been but a burst of female resentment dulcis Amaryllidis ira, as the poet hath it.
He lost no opportunity of taunting the unconvicted criminal in the bitterest terms in the Senate, and of exchanging with him very much to the detriment of his own character and dignity, in our modern eyes the coarsest jests when they met in the street.
Firstly, the outward cleanliness, and I might almost say pleasantness, of the place; and secondly, the illogical nature of the law which treats the unconvicted men, who in its eyes are consequently innocent, like convicted criminals.
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