This book comes from the reflections and experience of more than forty years spent in court. Aside from the practice of my profession, the topics I have treated are such as have always held my interest and inspired a taste for books that discuss the human machine with its manifestations and the causes of its varied activity.

When Voltaire was born really but one church which, of course, was ignorant, tyrannical and barbarous in the extreme. All creeds are alike, and whenever there is but one, and the rulers honestly believe in that one, they are bound to be ignorant, barbarous and cruel. All sorts of heresies were punishable by death. If anyone dared to write a pamphlet or book that questioned any part of the accepted faith, the book was at once consigned to flames and the author was lucky if he did not meet the same fate. Religion was not maintained by the precepts of the priest, but by the prison, the torture chamber and the fagot. Everyone believed; no one questioned. The religious creeds, while strict and barbarous, did not interfere with the personal conduct of any of the rulers. They were left free to act as they pleased, so long as they professed to believe in the prevailing faith.

Valiantly he fought on every intellectual battlefield. True he bowed and dodged and lied over and over again, that he still might live and work. Many of his admirers cannot forgive this in the great Voltaire. Rather they would have had him, like Bruno and Servetus, remain steadfast to his faith while his living body was consumed with flames. But, Voltaire was Voltaire, Bruno was Bruno, and Servetus was Servetus. It is not for the world to judge, but to crown them all alike. Each and all lived out their own being, did their work in their own way, and carried a reluctant, stupid humanity to greater possibilities and grander heights.

We are born and we die; and between these two most important events in our lives more or less time elapses which we have to waste somehow or other. In the end it does not seem to matter much whether we have done so in making money, or practicing law, or reading or playing, or in any other way, as long as we felt we were deriving a maximum of happiness out of our doings.

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The criminals who, in the face of contumely, hatred or violence, have led the world to a higher standard and brought humanity to a diviner order, have so loved truth and righteousness as to defy the law, and in every age these men have met the life of outcasts, and the death of felons. Whatever may be said of the necessity of government to protect itself, no one can believe that any human being merits punishment for following his own highest ideal. Punishment can only be in any wise defended upon the theory that the individual is untrue to himself, that his heart is bad. But all schemes of human punishment seem specially contrived to exempt this class of men. Those who are untrue to themselves find no difficulty in obeying the state, or at least in seeming to be subservient to its laws. The cunning man without strong convictions of right and wrong can always find ample room to operate his trade inside the dead line the law lays down. Even Blackstone wrote that a man who governed his conduct solely by the law was neither an honest man nor a good citizen. The penal code cannot pretend to cover all the vicious acts of men. If there is a distinction between vicious acts and righteous acts, each are so numerous that even to catalogue them would be beyond the power of the state.

It is often said that the accused should be given an immediate trial; that this and subsequent proceedings should not be hindered by delay; that the uncertainties of punishment furnish the criminal with the hope of escape and therefore do not give the community the benefit of the terror that comes with the certainty of punishment that could prevent crime. I can see no basis in logic or experience for this suggestion. It is based on the theory that punishment is not only a deterrent to crime, but the main deterrent. It comes from the idea that the criminal is distinct from the rest of mankind, that vengeance should be sure and speedy and that then crime would be prevented. If this were true and the only consideration to prevent crime, then the old torture chamber and the ancient prison with all its hopelessness and horror should be restored. Logic, humanity and experience would protest against this. If there is to be any permanent improvement in man and any better social order, it must come mainly from the education and humanizing of man. I am quite certain that the more the question of crime and its treatment is studied the less faith men have in punishment.

To say that God made the universe gives us no explanation of the beginnings of things. If we are told that God made the universe, the question immediately arises: Who made God? Did he always exist, or was there some power back of that? Did he create matter out of nothing, or is his existence coextensive with matter? The problem is still there. What is the origin of it all? If, on the other hand, one says that the universe was not made by God, that it always existed, he has the same difficulty to confront. To say that the universe was here last year, or millions of years ago, does not explain its origin. This is still a mystery. As to the question of the origin of things, man can only wonder and doubt and guess.

The error I found in the philosophy of Henry George was its cocksureness, its simplicity, and the small value that it placed upon the selfish motives of men. The doctrine was a hang-over from the seventeenth century in France, when the philosophers had given up the idea of God, but still thought that there must be some immovable basis for man’s conduct and ideals. In this dilemma they evolved the theory of natural rights. If ‘natural rights’ means anything it means that the individual rights are to be determined by the conduct of Nature. But Nature knows nothing about rights in the sense of human conception.

Were these boys in their right minds? Here were two boys with good intellect, one eighteen and one nineteen. They had all the prospects that life could hold out for any of the young; one a graduate of Chicago and another of Ann Arbor; one who had passed his examination for the Harvard Law School and was about to take a trip in Europe, — another who had passed at Ann Arbor, the youngest in his class, with three thousand dollars in the bank. Boys who never knew what it was to want a dollar; boys who could reach any position that was to boys of that kind to reach; boys of distinguished and honorable families, families of wealth and position, with all the world before them. And they gave it all up for nothing, for nothing! They took a little companion of one of them, on a crowded street, and killed him, for nothing, and sacrificed everything that could be of value in human life upon the crazy scheme of a couple of immature lads.

Now, your Honor, you have been a boy; I have been a boy. And we have known other boys. The best way to understand somebody else is to put yourself in his place.

Is it within the realm of your imagination that a boy who was right, with all the prospects of life before him, who could choose what he wanted, without the slightest reason in the world would lure a young companion to his death, and take his place in the shadow of the gallows?

...No one who has the process of reasoning could doubt that a boy who would do that is not right.

How insane they are I care not, whether medically or legally. They did not reason; they could not reason; they committed the most foolish, most unprovoked, most purposeless, most causeless act that any two boys ever committed, and they put themselves where the rope is dangling above their heads....

Why did they kill little Bobby Franks?

Not for money, not for spite; not for hate. They killed him as they might kill a spider or a fly, for the experience. They killed him because they were made that way. Because som

Now, your Honor, I have spoken about the war. I believed in it. I don’t know whether I was crazy or not. Sometimes I think perhaps I was. I approved of it; I joined in the general cry of madness and despair. I urged men to fight. I was safe because I was too old to go. I was like the rest. What did they do? Right or wrong, justifiable or unjustifiable — which I need not discuss today — it changed the world. For four long years the civilized world was engaged in killing men. Christian against Christian, barbarian uniting with Christians to kill Christians; anything to kill. It was taught in every school, aye in the Sunday schools. The little children played at war. The toddling children on the street. Do you suppose this world has ever been the same since? How long, your Honor, will it take for the world to get back the humane emotions that were slowly growing before the war? How long will it take the calloused hearts of men before the scars of hatred and cruelty shall be removed?

We read of killing one hundred thousand men in a day. We read about it and we rejoiced in it — if it was the other fellows who were killed. We were fed on flesh and drank blood. Even down to the prattling babe. I need not tell you how many upright, honorable young boys have come into this court charged with murder, some saved and some sent to their death, boys who fought in this war and learned to place a cheap value on human life. You know it and I know it. These boys were brought up in it. The tales of death were in their homes, their playgrounds, their schools; they were in the newspapers that they read; it was a part of the common frenzy — what was a life? It was nothing. It was the least sacred thing in existence and these boys were trained to this cruelty.