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Updated: June 4, 2025
"May it please your Honor, and Gentlemen of the Jury: Sometimes mistakes are crimes, and he who through unpardonable rashness commits them, should not escape 'unwhipped of justice'. When a man in the discharge of that which he deemed a duty, becomes aware that unintentionally he has perpetrated a great wrong, can he parley with pride, or dally, because the haunting ghost of consistency waves him back from the path of a humiliating reparation?
Speaking of detectives he declared that, "as a class, they are the biggest lot of blackmailing thieves that ever went unwhipped of justice." Only a short time before Burns made this remark the late Magistrate Henry Steinert, according to reports in the New York press, grew very indignant in his court over the shooting of a young lad by these private officers.
So the offence goes unwhipped, and the officer is likely as not to address a reprimand to the complaining missionary for "preferring charges you are unable to substantiate." Yet an officer who had himself written such a letter told me once that all Indians looked alike to him. Even should the girl identify one or more men, they have usually half a dozen comrades ready to swear an alibi.
Young Jack sat staring into the coals, seeing much, understanding more. It was all there in those written pages, a powerful spur to a vivid imagination. No MacRae had ever lain down unwhipped. Nor had Donald MacRae, his father.
So I was let to go unwhipped of justice for that misdemeanor, and perhaps that was the lesson which burnt into my soul. My story doesn't sound Southerny, does it? Well, here is something more. During that summer, father had me taught to spin and weave negro cloth. Don't suppose I ever did anything worth while; only it was one of his maxims: 'Never lose an opportunity of learning what is useful.
The chairman of this committee, Representative C. H. Van Wyck, of New York, after summarizing the testimony in a speech in the House on February 23, 1863, passionately exclaimed: "The starving, penniless man who steals a loaf of bread to save life you incarcerate in a dungeon; but the army of magnificent highwaymen who steal by tens of thousands from the people, go unwhipped of justice and are suffered to enjoy the fruits of their crimes.
"I know exactly what you're going to say and I admit your right to say it, but as ahem! Harumph-h-h! now, Skinner, listen to reason. How the devil could you have the heart to reject that crippled ex-soldier? There he stood, on one sound leg, with his sleeve tucked into his coat pocket and on his homely face the grin of an unwhipped, unbeatable man.
Professor Bliss Perry, being of this opinion, offered some time ago a statement that "Magazine writing about current books is for the most part bland, complaisant, pulpy.... The Pedagogue no longer gets a chance at the gifted young rascal who needs, first and foremost, a premonitory whipping; the youthful genius simply stays away from school and carries his unwhipped talents into the market place."
If these parties go unwhipped of justice, then are we doing injustice in confining criminals in our State prisons for smaller crimes.
'You are one of the woman's dupes. I thought you had brains. How can you be the donkey not to see that my brother Rowsley, Lord Ormont, would never let a woman, lawfully bearing his name, go running the quadrille over London in couples with a Lady Staines and a Mrs. Lawrence Finchley, Lord Adderwood, and that man Morsfield, who boasts of your Lady Ormont, and does it unwhipped -tell me why?
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