The student of the comparative
criminology of the city of New York is confronted at the outset, by
the difficulty which arises from the lack of unity in the systems of
classification of nationalities, adopted by the various agencies
whose reports furnish him with his material. The Bureau of Municipal
Statistics would perform a signal service in securing the adoption
of a common system, and the value of a vast amount of matter would
be increased a thousand-fold. The classification is too summary, in
the otherwise valuable reports of the Board of City Magistrates, and
the same may be said of the reports of the Board of Health. While
the following study is based partly upon estimates, the results are,
it will be seen, in general confirmed by comparisons of actual
counts. The estimates of population are calculated from the police
census of 1895, which places that of the boroughs of Manhattan and
the Bronx for that year, at 1,851,060.2 The population of
the two boroughs for 1898, the year chosen for this investigation,
was, according to the estimate of the Board of Health, 1,976,600.
Besides the authorities named, recourse has been had to the report
of the Commissioner of Immigration for 1900, and valuable suggestion
has been derived from an interesting series of papers published by
Judge Deuel, president of the Board of City Magistrates, in Town
Topics,3 and from his report for the year 1898. Judge
Deuel reaches the comforting conclusion that, upon the whole,
serious crime in New York City is on the decrease. His tables show
the same large relative proportion of criminality among the natives
of the United States as is shown in the table given below, and the
proportionate contributions of the various nationalities are
constant enough, within certain limits, to justify us in taking the
records of a given year as a term of comparison. The basis for the
study is the record of persons actually held for trial or summarily
tried, by the police magistrates. It is only of these that the
details as to nationality are given, and, moreover, they furnish
better evidence of presumptive criminality than do the mere
arraignments.
The lower East Side of New York lies mostly within the jurisdiction
of Essex Market police court, which extends over a region bounded by
East River, Catharine Street, the Bowery, East Houston Street,
Clinton Street, Avenue B, and Fourteenth Street. An estimate of its
population for 1898 places it at 351,800, or 17.85 per cent. of the
total population for the boroughs of Manhattan and the Bronx. In
1897 the births, where both parents or the mother only were natives,
constituted but 14.80 per cent. of the whole number in the district;
while those in which the mother only or both parents are given as
Polish-Russians, were 40.35 per cent. of the total number. Besides
this, both parents or the mother only in 30.07 per cent. of the
total births were classed as " from other countries," and these
include large numbers of Austrians (Poles, Hungarians), and some
Roumanians. The German births contribute 5.90 per cent., the Italian
6.33 per cent., and the Irish but 2.55 per cent., the mother, at
least, belonging to the country named. These figures are adduced to
give statistical support to what is a matter of common knowledge;
namely, that a study of the lower East Side of New York in any
aspect, is a study of the population which constitutes the recent
and present immigration from Eastern Europe to this country, an
immigration consisting mostly of Jews, one of the most important
displacements of sections of the race known in history, and one
which has resulted in making of New York perhaps the most populous
Jewish city that has ever existed. The tables given below are
intended to show, first: the general relations of the lower East
Side to its chief lower criminal court, Essex Market court (the
Third District), by a comparison of the total number of persons held
for trial, or summarily tried and convicted in this court for
certain specified offenses, with the whole number so held or so
tried and convicted, in the two boroughs of Manhattan and the Bronx;
second, the proportion of the criminality in the district which may
be attributed to the Russians, they being the only nationality of
those named above which receives a place by itself in the
classification adopted by the Board of City Magistrates. As it is
eminently true of a district which includes the Bowery within its
limits, that a certain proportion of the crimes and offenses
committed there are committed by non-residents, further tables are
given, showing the proportionate contributions of the Russians, as
well as those of natives of the United States and of each of several
nationalities for the two boroughs, both in the matter of total
criminality as compared with population, and in the matter of the
commission of the same crimes and offenses specified in the previous
table. If we leave aside the figures of population, and consider the
proportionate contribution of a given nationality to the sum total
of criminality as its norm of social activity in this direction, we
will have a term which will permit us to discover in what direction
the given nationality is disposed to sin most. And in this
comparison we will have the advantage of relying entirely upon
records, and not at all upon estimates. Following Judge Deuel's
scheme in general, but not in detail, the crimes the commission of
which involves the implication of moral turpitude head the list.
Then follow less serious offenses--the assaults which are mere
quarrels, the larcenies which may be mere detentions of goods. Next
are placed three offenses--the keeping of a disorderly house,
gambling and the keeping of a gambling house--in which convictions,
and even the arraignments are so few as to suggest that, apart from
the difficulty of securing evidence, they are regarded with a
certain degree of benignity by the police.4 In this
group, and in the last, where convictions are numerically very few,
percentages would be misleading and the actual number of cases is
given.
Table I.-- showing (1) The total
number of persons held or summarily tried and convicted for certain
specified offenses in the boroughs of Manhattan and the Bronx for
the year 1898, as shown by the report of the Board of Police
Magistrates for that year. (2) The proportionate contribution,
according to nationalities, in the two boroughs (3) The
proportionate contribution of the population within the jurisdiction
of Essex Market police court, and the share of the Russians in the
criminality of the district.
Table II.- Distribution of
criminality according to nationality in the boroughs of Manhattan
and the Bronx, for the year 1898, according to the report of the
Board of City Magistrates for that year. The percentages in the last
column are taken as the normal contributions of the given
nationalities to the total criminality. By comparing this percentage
with the percentages under the nationalities in Table I, the
offenses in which a given nationality surpasses its general average,
and those in which it is inferior
to it, are shown:
With 17.85 per cent. of the total population of the two boroughs,
that within the jurisdiction of Essex Market court furnishes 22.13
per cent. of the total criminality, 23.8 per cent. of the
burglaries, 47.6 per cent. of the homicides, far more than its fair
share of the cases of disorderly conduct and intoxication, and
somewhat more than its proportion of vagrants. It is below its
reputation in its contribution of both grades of assault. The
Russians in the district are prominent in their commission of
forgery, violation of corporation ordinances, as disorderly persons
(failure to support wife or family), both grades of larceny, and of
the lighter grade of assault. The reputation for general
restlessness of the clientele of Essex Market court seems to be due
to the large proportion it furnishes of the totality of
arraignments, namely 28 per cent. These and the numerous summons he
is asked to issue, often for trivial causes and petty quarrels, may
well furnish a magistrate with a vast amount of unpleasant business.
Turning to the other tables, we find that the Russians, with 11.2
per cent. of the whole population, furnish but 8.2 per cent. of the
criminality, and applying this last figure, which is their
percentage of the total criminality (apart from any question of
population), to the percentages in the list of specified offenses,
we find that they surpass their norm in some of the same offenses
which furnish their contribution to the criminality of the East
Side, i.e., forgery, felonious larceny, as disorderly persons, and
as violators of corporation ordinances; but that, as a whole, they
are far below their average in the commission of assault. The
Russian on the East Side seems somewhat more inclined to violence
than his compatriot in the city at large. He is notably but little
addicted to intoxication, and furnishes a very small proportion of
vagrants. This sobriety and this avoidance of the workhouse are also
characteristic of the Italians, who, on the other hand, are more
addicted to violence. Further comparisons will be left to the
reader, but attention may be called to the remarkable fact that the
very small population of Greeks in the two boroughs commit more than
33 per cent. of the violations of corporation ordinances. The high
contribution of natives, shown also in Judge Deuel's table, is
worthy of note, in that the relative position toward crime of the
native of the United States, as compared with that of the
foreign-born citizen or resident, shown by the United States census
of 1890, seems reversed. The discrepancy is probably due to the fact
that the census counts as foreigners, the children born in the
United States of parents born abroad, while these appear as natives
in the tables here used.
Turning to the civil courts, we find no such official description of
their business as is furnished by the reports of the Board of
Magistrates, but must rely upon the summary statements issued by the
commissioners of accounts, supplemented, it is true, by the
information furnished by the valuable report of the Legal Aid
Society. Thanks are also due to Judge Roesch, of the Fourth District
municipal court for statistics of his court. The litigation of the
lower East Side is transacted in the Fourth and Fifth District
municipal courts, which include in their jurisdiction the district
bounded by the Bowery, Fourteenth Street, East River, and Catharine
Street. Below are given tables comparing the number of summons
issued by them to those issued in the First and Eighth Districts.
The First District transacts an abnormally large proportionate
business, because it is the down-town court most convenient to the
offices of business men and lawyers, and the court naturally used in
many cases where one or both of the litigants is a non-resident with
a business office in the city of New York. The Eighth District
court, on the West Side, with a jurisdiction extending from
Fourteenth Street to Fortieth Street, and from Sixth Avenue to
Hudson River, is chosen for a term of comparison, because a
comparatively large proportion of the population which resorts to it
is native born.
Table III. showing the number of
summons issued in the specified district courts-both actual, and per
1,000 of population, and the proportion of free to paid summons in
each court:
Table IV.--Municipal
courts--Landlord and tenant cases (dispossessions).
These tables reveal it is true, a
somewhat greater tendency to resort to litigation on the East than
on the West Side; between 5 and 9 more people in 1,000 apply for a
summons on the East Side than do in the Eighth District. But they
reveal more strikingly the poverty of the district, in the large
proportion of free summonses issued. For a free summons can be
issued only when the suit is for a sum of less than $50, or when a
person sues "in forma pauperis." The relatively greater number of
evictions is evidence of the same poverty, and so is the large
business done by the East Side Branch of the Legal Aid Society. This
business consists largely of efforts to recover small sums of money
due as wages; $15 would be a high average for all the claims brought
to its notice. Many letters are written for the recovery of sums of
less than $1, and suits brought for the recovery of $5, and of even
smaller sums. Seventy-five per cent. of its business is done for
Polish and Russian Jews, 50 per cent. of the remainder for Austrian
and Roumanian Jews.
Of the total number of judgments obtained, quite a large number are
returned unsatisfied (no larger a proportion, however, according to
the society's marshal, than in other districts of the city), and
this fact might be argued in support of the accusation that the East
Side acts upon a low standard of commercial honesty. But a
comparison instituted in this manner is not fair. Of the total
number of applications to the society, many are settled without
recourse to the courts, and many are settled before judgment. In a
list of 261 suits examined, 88 were dismissed or discontinued, or
resulted in judgments for the defendant; 79 were settled or reported
settled ; 39 judgments were satisfied, thus leaving 55 cases or a
little more than 25 per cent. only, of executions returned
unsatisfied. Quite as consonant with the facts at hand as the theory
of commercial dishonesty would be the one of the prevalence of a
spirit of enterprise out of proportion to the capital of the
community; and the frequency of settlements before final judgment
may well mean that in a majority of cases the cause of the
non-payment of wages is the sheer inability to pay. With regard to
the accusation of untruthfulness so freely brought against the
litigants of the district, statistics are silent, and the matter
must be one of personal impression. In the course of an experience
of several months in the East Side office of the Legal Aid Society,
the writer believes that usually he has listened to the truth, often
colored, of course, by the bias of the relator. The actual and
complete denial of a claim is not frequent.
To sum up: The interpretation of these figures seems to show that,
judged by the records of the police courts, the native of the United
States is, in the city of New York, at least, a more frequent
criminal than is the foreign-born
resident or naturalized citizen. They confirm to a certain degree
the reputation of the lower East Side for general lawlessness, but
absolve the Jew, as judged by the Russian, who is shown to
constitute a probably preponderating element in the population, from
anything like a proportionate contribution to this lawlessness,
excepting as to a few specified offenses. Examining the record of
the Russian in the city at large, it is found that he furnishes a
low proportion of the general criminality, with a relatively high
percentage in the matters of forgery, felonious larceny, refusal or
inability to support his family, and in the violation of corporation
ordinances. The records of the civil courts seem to show him to be
rather more litigious than the average citizen, but they show him,
above all, to be poor. As to the matter of commercial dishonesty,
the statistics at hand do not justify the accusation, in more than a
limited degree, and as to that of untruthfulness, they are silent. A
low criminal record, somewhat litigious, very poor, yet furnishing
an extremely low contingent to the vagrant classes, these are the
characteristics of the East Side Jew, as judged by the Russian. If,
from the economic standpoint his very poverty renders him an
undesirable competitor, his combination of thrift with sobriety and
his slight tendency to crime may well be set off as compensating
qualities in any estimate of his value as a future citizen.
Thirty years ago the conviction of a Jew for a felony was almost
unheard of in the city of New York. To-day there is not one penal
institution within the area of the Greater New York which does not
harbor some offenders of the Jewish people.
It is not difficult to realize the effect of having thousands of
Russians and other wandering Jews and their families turned loose on
Manhattan Island, causing them to drift into the Ghetto of our
metropolis and other congested districts, where immorality and
squalor march hand in hand, and side by side. The Jew has been
tainted by the new city life into which he has been cast.
If the tribe of Baron de Hirsch would only multiply and increase as
the tribes of Abou Ben Adam, how many of these poor families might
be removed from poverty, hunger and dirt to peaceful pastoral
sections of our country, there till the soil and thrive in the
agricultural pursuits as some now do in New Jersey.
Appreciating the need of having good Jewish influence brought to
bear upon the minds of these offenders and to better them, the
Society for the Aid of Jewish Prisoners was ushered into existence
in 1891 to take up the work that had been looked after by the
Conference of New York Rabbis. Its object is "to improve the moral
condition of Jewish prisoners in the state of New York, and to lend
them a helping hand after their release from penal institutions.”
Under the guidance of this organization, Rev. Dr. A. M. Radin holds
divine services at the Penitentiary and Workhouse, Blackwell's
Island, on every Saturday; at the House of Refuge, Randall's Island
every Sunday; at the Kings County Penitentiary in Brooklyn every
other week and at the Tombs Prison on Mondays. At Sing Sing Dr.
Israel Davidson makes frequent visits, conducts meetings, and looks
after the Jewish prisoners. He also performs a similar task at the
state penal institution at Naponach. At Auburn Rev. Dr. A. Guttman,
of Syracuse, is the Jewish chaplain, and at Clinton Prison (Dannemora)
Rabbi Judelson officiates.
The crimes of the Russian Jew are more or less of a nature similar
to those of other nationalities and races, although the basest of
crimes, murder and manslaughter, are practically unknown to them.
Some years ago there was a tendency to commit arson, but this too
has become almost entirely eliminated from the category of offenses
among the immigrant Israelites. Most of the offenses are committed
by the children of immigrants, who have been contaminated by the
vice of our great city and who spurn the advice of their elders,
whom they frequently term "greenhorns" and who are unable to exert
the necessary influence over them or to command the proper respect.
Offenders guilty of petty larceny and other misdemeanors or of a
grand larceny in a minor degree are generally committed to the
Blackwell's Island Penitentiary and about eight per cent. of the
prisoners at that institution are Jews. This includes persons
arrested for selling or peddling on the streets without a license,
who are unable to pay a fine.
Vagrants, drunkards, and disorderly characters are committed to the
Work House at Blackwell's Island, and it is gratifying to learn that
at all times less than two per cent. of the two thousand inmates of
that institution are of the Jewish persuasion.
At the Kings County Penitentiary in Brooklyn there are comparatively
few males and it is indeed a rarity to find a Jewish girl or woman
on the roll.
At the Tombs Prison and Ludlow Street Jail, where persons under
indictment are detained, pending trial, the number varies.
About ten per cent. of the young people at Elmira Reformatory are
Jewish, but this includes unfortunates from all over the state of
New York.
At Auburn Prison there are generally less than a dozen Jewish
convicts sentenced for heinous crimes out of a total of more than
thirteen hundred.
The same average holds good for Clinton Prison; and at Sing Sing
where the New York City convicts, who have committed felonies, are
incarcerated, the average number is less than ten per cent. among
the Jews.
"Evil associations corrupt good morals," is applicable to the
conditions existing in the so-called Ghetto of New York City. During
the regime of Tammany Hall the lower East Side of New York City was
a hot bed of vice and immorality and the "red light district," as it
was termed, became as offensive a glare to the eye as the Tammany
rule was a stench to the nostrils.
Young men and women were lured away from their parental roofs and
employed as "cadets" to aid as bad a gang of degenerates as ever
lived in a civilized community and the then chief of police looked
on, and retired, or rather was turned out of office, after Tammany's
defeat on the ill-gotten gains of his office.
Young working girls were scoffed at by those who wore silks and
satins and had money in their pockets; while the former wore rags
and had barely a few coins that they could consider their own. The
bad influence and effects can readily be imagined. From lives of
immorality developed vagrancy, petty thefts, and more serious
offenses. The banal influence of some of the wretches who called
themselves men and women, not only on girls but on boys as well, can
be pictured without much difficulty.
Another trait developed by this state of affairs was gambling and
when the looms in gambling became extensive, the temptation to forge
and steal developed but too soon.
How could such influences help but offset the virtuous instincts of
a parental abode, a father's advice, or a mother's prayer?
There was but one solution when the reform government entered on its
duties under the leadership of Mayor Low, whose efforts for good
were directly turned towards ameliorating the conditions of these
depraved and downtrodden Jews and. Jewesses, and whose noble
purposes must be thoroughly appreciated,-- to prosecute all
offenders and purify the congested quarter of the great metropolis.
Through the suggestions of this administration the youthful
criminals, or rather offenders, were separated from the hardened
convicts, as will appear later.
All offenders are brought before a magistrate's court and where the
charge is one of disorderly conduct, vagrancy, disturbing the peace,
etc., the court sentences them to Blackwell's Island for a few days
or sometimes for some months, and sometimes simply imposes a fine
and if it is not paid the culprit is sent to the Workhouse on
Blackwell's Island.
In instances where a misdemeanor is committed, such as petty
larceny, grand larceny in a minor degree, assault in a minor degree,
and the like, the accused is held under an amount of bail for the
court of special sessions, presided over by three justices at a
session--and without a jury--whose authority extends to sentencing
offenders for any period not exceeding one year and in imposing
fines not in excess of five hundred dollars. Before the case reaches
the court of special sessions an indictment must have been found by
the grand jury.
In other instances, where the more serious and heinous crimes are
committed the city magistrate holds the prisoner, with or without
bail, as the exigencies of the case may require, for the grand jury,
and in some cases such matters are submitted to the district
attorney in the first instance, and he may take the initiative in
submitting the facts to the grand jury. After an indictment has been
found, the prisoner, where he cannot or may not give bail, is
confined in the city prison, familiarly called the Tombs, until his
case is reached in the court of general sessions of the peace, or
occasionally in the criminal term of the supreme court, both of
which are conducted under the jury system.
Upon conviction the prisoner may be sentenced to any of the state
prisons and fined, or in case of minor offenses, which are sometimes
disposed of in the last named court, to the penitentiary.
In Brooklyn there is also a court of special sessions, and the Kings
County court which possesses criminal jurisdiction in Brooklyn takes
the place of the court of general sessions in New York.
Women convicted for felonious crimes are committed to Auburn or to
Blackwell's Island or to some reformatory, while males are sent to
any one of the penal institutions herein referred to.
During the past two years a number of excellent innovations have
become established tending towards preserving youth under sixteen
years of age from contamination with older and more hardened and
confirmed criminals.
Wherever a boy or girl of tender years is brought before a
magistrate, except in heavy criminal cases, the matter is referred
to one of the justices of the court of special sessions who presides
over a part called the children's court in an entirely separate
building away from the environments of the criminal tribunals.
The courts have parole officers whose duty it is to supervise the
conduct and movements of the youthful offenders, on whom sentence is
suspended. These parole officers report to the court from time to
time, and if the reports are favorable the culprits are again free
to go where they please and are thus saved from the evil
surroundings of a criminal atmosphere in penal institutions.
This parole system is also in vogue in the magistrate's court and
frequently sentence is suspended pending favorable reports submitted
to the court by parole officers
.
Mrs. Sophie C. Axman, a Jewess, who co-operated with the Educational
Alliance and looked after the parole cases in the children's court,
has now been appointed chief parole officer by the board of justices
of the court of special sessions.
In all of the penal institutions, religious services are held for
the Jewish inmates by Jewish rabbis, with the possible exception of
the protectories. At the Catholic protectory the boys are taught
useful trades and if at any time a Jewish rabbi desires to interview
Jewish children he is generally received very cordially.
In sending children or young men to a reformatory the judge or
magistrate selects the institution which is conducted in conformity
with the religion of the prisoner.
Last year a certificate of incorporation was granted for a Jewish
protectory to be managed on the lines similar to the Catholic
protectory. Several meetings of the incorporators of the new Jewish
Protectory and Aid Society have been held in New York City and more
than two hundred thousand dollars have already been subscribed by
Jewish members of this great municipality, men whose wealth of heart
is commensurate with that of worldly goods, and it is to be expected
that in the very near future ground will be bought and buildings
erected on the cottage system, and wayward boys and girls taught
trades of all kinds. Under the state laws and county regulations the
society will receive $2 per week or $114 per annum for each youth
cared for, but it is estimated that it will cost again as much to
maintain the inmates and the remainder of the requisite fund will be
raised through donations and annual dues. Hon. Julius M. Mayer, who
was recently elected attorney general of New York State, is the
president of the new society. Its work will, beyond doubt, be far
reaching. When a youthful offender receives his discharge from the
protectory he will be proficient in the trade which he has learned
and able to support himself in a respectable manner. Through the
co-operation of the societies having a hand in the work of the
Removal Bureau he may be sent to other parts of the country to work
at his trade, to support himself and others, and bequeath to the
next generation a fair type of American manhood.
No particular mention has been made as to the litigation in the
criminal courts applicable to Jews for the reason that they are all
on the same plane with others.
In cases where a Jewish prisoner or other wishes to stand trial and
has no attorney the court will always name some member of the bar to
defend the case, and there are always interpreters to assist,
although there are instances of miscarriage of justice at times.
However, we may be fairly well satisfied with the conditions during
the past year in New York, when we realize how vastly different the
empire state treats its Jewish offenders compared with almost every
European nation, other than those of the English-speaking countries.
After a Jewish prisoner is discharged, having completed his term of
imprisonment, Jewish societies give him a helping hand, and in some
instances lead him back into the paths of virtue; often, too, to the
greatest paradise on earth, a happy Jewish home circle.
1
The study by Mr. Andrews was originally published in the Year Book
of the University Settlement Society of New York, 1900.
2 See Report of
the Board of Health, 1895.
3 The papers
were published at intervals in Town Topic, during the years 1897 and
1898, and were summarized in two articles, which appeared during the
months of September and November, 1898.
4 This is truer
of the period under consideration than it is now. |