Crime and Punishment in American History - Lawrence M. Friedman [324]
24 42 Tex. 226 (1875).
25 Tenn. Code 1858, sec. 4610.
26 New York Times, July 15, 1894, p. 8; Oct. 31, 1891, p. 1. I am indebted to Deborah Castler for these references.
27 People v. Dohring, 59 N.Y. 374 (1874).
28 Ibid., at 375.
29 45 Conn. 256 (1877).
30 Camp v. State, 3 Ga. (3 Kelly) 417, 433 (1847).
31 Ibid.
32 Tenn. Code 1858, sees. 4612, 4613. These provisions can be found much earlier: for example, Laws N.Y. 1829, Vol. 2, p. 663, in quite similar language.
33 Don Moran v. People, 25 Mich. 356, 357 (1872).
34 Commonwealth v. Stratton, 114 Mass. 303 (1873). Stratton was convicted of assault and battery.
35 N.Y. Laws 1848, chap. 111.
36 Ga. Code 1882, sec. 4371, p. 1148. Milder versions of the law were in force in some states. Thus, in Nebraska, the crime could be committed only if the “female of good repute” was “under the age of 18 years.” Gen’l. stats. Neb. 1873, chap. 20, sec. 207, p. 771.
37 People v. Walter Clark, 33 Mich. 112 (1876).
38 Laws Ohio 1886, p. 92 (passed April 22, 1886).
39 National Police Gazette, Oct. 5, 1867, p. 4.
40 People v. Gould, 70 Mich. 240, 38 N.W. 232 (1888). See also Wright v. State, 31 Tex. Cr. R. 354, 20 S.W. 756 (1892). Edward H. Savage in Police Records and Recollections (1873; reprint ed., 1971), pp. 280—82, reports a marriage in 1861 in the Boston “Tombs.” The defendant said “he was ready to marry” his pregnant girlfriend, the wedding was duly performed, and he was released.
41 Code of Alabama, 1887, Vol. 2, sees. 4031, 4032, p. 77.
42 Weaver v. State, 79 Ala. 279 (1885).
43 41 Ga. 278 (1870).
44 National Police Gazette, July 13, 1878, p. 7.
45 On the Sickles case and “temporary insanity,” see above, chapter 6; see also Nat Brandt, The Congressman Who Got Away With Murder (1991).
46 See Robert M. Ireland, “The Libertine Must Die: Sexual Dishonor and the Unwritten Law in the Nineteenth-Century United States,” Journal of Social History 23:27 (1992).
47 See Robert M. Ireland, “Frenzied and Fallen Females: Women and Sexual Dishonor in the Nineteenth-Century United States,” Journal of Women’s History 3:95 (1992).
48 Ireland, “The Libertine Must Die,” p. 34. The sentence was later commuted to ten years in prison.
49 Edward H. Savage, Police Records and Recollections (1873; reprint ed., 1971), pp. 221—22.
50 Crim. Laws of Texas 1881, art. 567, p. 191. The killing had to “take place before the parties to the act of adultery have separated.”
51 It was repealed in 1973. Acts Texas 1973, chap. 399.
52 Deborah L. Rhode, Justice and Gender (1989), p. 238.
53 American Jurist and Law Magazine, October 1838, p. 243.
54 Ball Fenner, Raising the Veil: or, Scenes in the Courts (1856), p. 253.
55 See Elizabeth Pleck, “Wife Beating in Nineteenth-Century America,” Victimology 4:60 (1979).
56 Laws Nev. 1877, chap. 43, p. 82. On the movement to bring back the whipping post, see Elizabeth Pleck, Domestic Tyranny: The Making of Social Policy Against Family Violence from Colonial Times to the Present (1987), pp. 108—21.
57 Maryland passed a law authorizing flogging for wife-beating in 1882. Laws Md. 1882, Chap. 120, p. 172; see also Laws Ore. 1905, chap. 203, p. 335; Laws Del. 1901, chap 204, p. 493.
58 Pleck, Domestic Tyranny, p. 65.
59 Linda Gordon, Heroes of Their Own Lives: The Politics and History of Family Violence: Boston, 1880—1960 (1988), p. 251.
60 Douglas Greenberg, Crime and Law Enforcement in the Colony of New York, 1691—1776 (1974), pp. 113—14; see chapter 3.
61 Braddy v. City of Milledgeville, 74 Ga. 516 (1884).
62 On the St. Louis experiment, I have drawn on James Wunsch, “Prostitution and Public Policy: From Regulation to Suppression, 1858—1920” (Ph.D. dissertation, Department of History, University of Chicago, 1976), pp. 38—59.
63 Ibid., pp. 39—40.
64 Ibid., p. 42.
65 Ibid., p. 54.
66 John H. Warren, Jr., Thirty Years’ Battle with Crime (1875; reprinted., 1970), pp. 37—38.
67 Barbara M. Hobson, Uneasy Virtue: The Politics of Prostitution and the American Reform Tradition (1987), pp. 11, 23.
68 Laws Mich. 1869, No. 145, sec. 4, pp. 264, 265. The