of the burden of participation in political and military
service; the laws gave her no express exemption from
responsibility for crime. When she murdered,
she was arrested; when arrested, brought to trial—though
the origin and meaning of those observances are not
now known. Gunkux, whose researches into the
jurisprudence of antiquity enable him to speak with
commanding authority of many things, gives us here
nothing better than the conjecture that the trial
of women for murder, in the nineteenth century and
a part of the twentieth, was the survival of an earlier
custom of actually convicting and punishing them,
but it seems extremely improbable that a people that
once put its female assassins to death would ever have
relinquished the obvious advantages of the practice
while retaining with purposeless tenacity some of
its costly preliminary forms. Whatever may have
been the reason, the custom was observed with all the
gravity of a serious intention. Gunkux professes
knowledge of one or two instances (he does not name
his authorities) where matters went so far as conviction
and sentence, and adds that the mischievous sentimentalists
who had always lent themselves to the solemn jest
by protestations of great vraisemblance against
“the judicial killing of women,” became
really alarmed and filled the land with their lamentations.
Among the phenomena of brazen effrontery he classes
the fact that some of these loud protagonists of the
right of women to assassinate unpunished were themselves
women! Howbeit, the sentences, if ever pronounced,
were never executed, and during the first quarter
of the twentieth century the meaningless custom of
bringing female assassins to trial was abandoned.
What the effect was of their exemption from this considerable
inconvenience we have not the data to conjecture, unless
we understand as an allusion to it some otherwise
obscure words of the famous Edward Bok, the only writer
of the period whose work has survived. In his
monumental essay on barbarous penology, entitled “Slapping
the Wrist,” he couples “woman’s
emancipation from the trammels of law” and “man’s
better prospect of death” in a way that some
have construed as meaning that he regarded them as
cause and effect. It must be said, however, that
this interpretation finds no support in the general
character of his writing, which is exceedingly humane,
refined and womanly.
It has been said that the writings of this great man are the only surviving work of his period, but of that we are not altogether sure. There exists a fragment of an anonymous essay on woman’s legal responsibility which many Americologists think belongs to the beginning of the twentieth century. Certainly it could not have been written later than the middle of it, for at that time woman had been definitely released from any responsibility to any law but that of her own will. The essay is an argument against even such imperfect exemption as she had in its author’s time.