A
man named Shaw, who suffered for housebreaking about two years since,
awoke during the night previous to his execution, and said, "Lee!"
(speaking to the man in the cell with him) "I have often said I would be
rather hanged than transported; but now it comes so close as this, I
begin to think otherwise." Shortly afterwards he turned round to the
same man and said, "I was wrong in what I said just now; I am still of
my former opinion: hanging is the best of the two;" and he remained in
the same mind all the night. The first question an untried prisoner asks
of those to whom he is about to entrust his defence is, "Do you think I
shall be transported? Save me from that, and I don't mind any thing
else." One thing, however, is clear: no punishment hitherto has lessened
the number of offenders; nor will any ever be efficient, until the
penalties awarded by the law unerringly follow conviction, especially
with the common robbers.
Turn over the pages of the Old Bailey session papers for years past, and
you cannot but be struck with the anomalies which are there apparent,
with respect to crimes and the sentences which have followed.
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