Writers Have All the Ideas

In May of 1903, a man by the name of William West, recently convicted of some crime or other, arrived at the Federal Correctional Institute in Leavenworth, Kansas for processing. As the records clerk took the new inmate’s precise measurements, he asked him about the man’s prior murder conviction, at point which a genuinely surprised West insisted he had committed no such heinous crime. The records clerk remained unconvinced, presenting West with a file of a convicted murderer named William West that included his precise measurements and a picture identical to himself.

That a convict might lie about his past crimes didn’t surprise the clerk, but what did surprise him was that the William West in the file was still serving his sentence, and so couldn’t be the William West standing in front of him.

It turned out that the two men, later presumed to be identical twins separated at birth, possessed identical characteristics when processed with the Bertillon measurement of physical characteristics in common use in the US prison system. Fortunately, the clerk was delighted to discover that the two men did have one distinguishing characteristic: their fingerprints.

And that is the excellent story of how fingerprinting became an important tool of forensic science in the United States. Of course as with most excellent stories in history, this bears the telltale too perfectly symmetrical marks of being not precisely true. It makes for good fiction.

In reality, there are oily smudges looping, arching, and whorling all over the smooth surfaces of history, dating back at least 4,000 years when Hammurabi sealed contracts with a fingertip. Not much more recently, the Chinese used inked prints as unique signatures on contracts, and as early as 200 BC may have been using hand prints left at crime scenes to help crack burglary cases.

It was in the 17th century that European scholars started describing the unique combinations of patterns on the ends of our fingers. Then in 1892, Sir Francis Galton, cousin to Charles Darwin, and originator of the unsavory study of eugenics, published a helpful classification of the patterns of fingerprints. That led to Sir Edward Henry’s development of a practical system of identification that could be used in law enforcement, which he presented to Scotland Yard.

Of course as impressive as this sounds, Mark Twain solved a crime using fingerprinting in his somewhat embellished memoir Life on the Mississippi in 1883, indicating, I think, that it would behoove scientists to pay closer attention to writers because they have all the ideas.

Scotland Yard adopted Henry’s system in 1901, brought it to the 1904 World’s Fair in St. Louis, and presented it to St. Louis police detectives and the general public, including both the fictional amateur sleuth in my novel set at the World’s Fair, as well as the historical M.W. McClaughry, records clerk at the penitentiary at Leavenworth, Kansas. In September of 1904, fresh from his trip to the fair McClaughry requested that a fingerprinting system be implemented at the prison. It was another one hundred and twenty years before my sleuth put the science to work in my book, Paradise on the Pike.

But even though the story of the two William Wests is somewhat fictional, too, there’s a ring of some truth to it. There were two William Wests at Leavenworth at the same time and they were identical, distinguishable only by their unique fingerprints. They did become a good illustration of the usefulness of the relatively newfangled science of fingerprinting. Still, in reality, the timeline of the story doesn’t quite work out.

When a second William West showed up to be processed, it doesn’t seem that it caused much of a stir at all. It was, however, convenient to have them both there when clerk M.W. McClaughry got excited about this newfangled science that had already been in use in some way for thousands of years. And it sure did make for a good story.

And That’s Why You Shouldn’t Mess with a Babylonian Pig

This year my oldest son began middle school. It’s going well, for the most part. He’s thriving in the world of increased social opportunities, having found a group of buddies that all seem to get one another pretty well. And despite the increase in workload, he’s enjoying the academic challenges middle school is bringing. He’s even almost a little more organized and responsible than he used to be. Well, he’s working on it anyway.

We’ve had a few hurdles to jump, but it’s more or less off to a good start. Or at least I thought it was until he came home the other day and as he ran down his list of homework and other tiny scraps of information he occasionally lets slip out, he casually mentioned that his classmates had sentenced him to death.

big-pig
Actually I’m pretty impressed with his skills if he managed to run off with one of these things. photo credit: jpellgen Largest Boar via photopin (license)

As you can imagine, a number of follow-up questions flashed though my mind. The answers to some of them were that he stole a pig, his accuser was a landowner, much wealthier and more important than he was, and that she tried to shoot him as he fled the scene, but the law didn’t seem to care about the attempted murder. Just the pig thief, even though he requested leniency and so did a number of character witnesses who swore he would never do such a thing unless he were starving. And, you know, he’s a middle school boy, so he might feel like he’s starving most of the time.

Finally, after enjoying my mystified expression for a moment, he went on to explain that his social studies class had been studying Hammurabi’s Code. Just in case it’s been as long since your middle school social studies days as it has since mine, I’ll explain.

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What a constitution looked like in 1754 BC. CC BY-SA 2.5, https://commons.wikimedia.org/w/index.php?curid=818801

In 1901, while working on a site in the ancient city of Susa (in modern day Iran), Egyptologist Gustave Jéquier discovered a stone stele, over seven feet tall, covered in cuneiform script. When translated, the 44 columns and 28 paragraphs were shown to contain a total of 282 laws, which, dating to somewhere around 1754 BC, form one of the oldest written codes of law known.

Established under the Babylonian king Hammurabi, the laws cover a wide range of issues, including contract terms, liability, fraud, divorce, and the theft of a pig by a starving sixth grader in social studies class.

The code is also the first good example history has thus far offered up of a system of presumed innocence, with court proceedings that allow for both prosecutor and defendant to present evidence. Of course it’s not all rosy, because the code also spells out a hierarchical application of the laws. For instance, a doctor successfully treating the injuries of a high-ranking man will make more money than if he successfully treats a slave, but he will also face a much stiffer penalty for unsuccessful treatment of a wealthy man, and if it’s say, your run of the mill freed man, well, it officially just doesn’t matter.

And if a landowner steals livestock from another landowner, he is required to pay ten times the value of the stolen property to rightful owner. If, on the other hand, a starving middle school boy steals a pig from the rich girl who owns the desk next door, the punishment is unquestionably death.

As his mother, I might complain about this sad injustice, perhaps start a tablet writing campaign to the Babylonian elders, or petition the king for a pardon. But, I suppose the law is the law, and I’m completely thrilled that my kid has such a great social studies teacher. At least for the few days he has left.