Next, come the murders done, to sweep out of the way a dreaded or detested object. At the bottom of this class of crimes, there is a slow, corroding, growing hate. Violent quarrels are commonly found to have taken place between the murdered person and the murderer: usually of opposite sexes. There are witnesses to old scenes of reproach and recrimination, in which they were the actors; and the murderer has been heard to say, in this or that coarse phrase, "that he wouldn't mind killing her, though he should be hanged for it"--in these cases, the commonest avowal.
It seems to me, that in this well-known scrap of evidence, there is a deeper meaning than is usually attached to it. I do not know, but it may be--I have a strong suspicion that it is--a clue to the slow growth of the crime, and its gradual development in the mind. More than this; a clue to the mental connection of the deed, with the punishment to which the doer of that deed is liable, until the two, conjoined, give birth to monstrous and misshapen Murder.
The idea of murder, in such a case, like that of self-destruction in the great majority of instances, is not a new one. It may have presented itself to the disturbed mind in a dim shape and afar off; but it has been there. After a quarrel, or with some strong sense upon him of irritation or discomfort arising out of the continuance of this life in his path, the man has brooded over the unformed desire to take it. "Though he should be hanged for it." With the entrance of the Punishment into his thoughts, the shadow of the fatal beam begins to attend--not on himself, but on the object of his hate. At every new temptation, it is there, stronger and blacker yet, trying to terrify him. When she defies or threatens him, the scaffold seems to be her strength and "vantage ground". Let her not be too sure of that; "though he should be hanged for it".
Thus, he begins to raise up, in the contemplation of this death by hanging, a new and violent enemy to brave. The prospect of a slow and solitary expiation would have no congeniality with his wicked thoughts, but this throttling and strangling has. There is always before him, an ugly, bloody, scarecrow phantom, that champions her, as it were, and yet shows him, in a ghastly way, the example of murder. Is she very weak, or very trustful in him, or infirm, or old? It gives a hideous courage to what would be mere slaughter otherwise; for there it is, a presence always about her, darkly menacing him with that penalty whose murky secret has a fascination for all secret and unwholesome thoughts. And when he struggles with his victim at the last, "though he should be hanged for it", it is a merciless wrestle, not with one weak life only, but with that ever- haunting, ever-beckoning shadow of the gallows, too; and with a fierce defiance to it, after their long survey of each other, to come on and do its worst.
Present this black idea of violence to a bad mind contemplating violence; hold up before a man remotely compassing the death of another person, the spectacle of his own ghastly and untimely death by man's hands; and out of the depths of his own nature you shall assuredly raise up that which lures and tempts him on. The laws which regulate those mysteries have not been studied or cared for, by the maintainers of this law; but they are paramount and will always assert their power.
Out of one hundred and sixty-seven persons under sentence of Death in England, questioned at different times, in the course of years, by an English clergyman in the performance of his duty, there were only three who had not been spectators of executions.
We come, now, to the consideration of those murders which are committed, or attempted, with no other object than the attainment of an infamous notoriety. That this class of crimes has its origin in the Punishment of Death, we cannot question; because (as we have already seen, and shall presently establish by another proof) great notoriety and interest attach, and are generally understood to attach, only to those criminals who are in danger of being executed.