The criminals who conform accurately8 to childhood's tradition are comparatively few in number. The masked highwayman, the safe-cracker and even the armed house burglar have, with a few exceptions, long since withdrawn9 from the actual pursuit of their romantic professions and exist practically only in the eagerly devoured10 pages of Sherlock Holmes and the "memoirs11 of great detectives." New and[Pg 20] almost more picturesque12 figures have taken their places,—the polite and elegant swindler, the out-at-the-elbows but confidence-inspiring promoter of assetless corporations, the dealer13 in worthless securities, and the forger14 who drives in his own carriage to the bank he intends to defraud15. In some cases the individuals are the same, the safe-cracker merely having doffed16 his mask in favor of the silk hat of Nassau Street. Of yore he stole valuable securities which he was compelled to dispose of at a tremendous discount; now he sells you worthless stocks and bonds at a slight premium17. Mr. J. Holt Schorling, writing in The Contemporary Review for June, 1902, points out that while all crimes other than fraud decreased materially in England from 1885 to 1899, the crime of fraud itself materially increased during the same period.[8]
The subject is a tempting18 one, but it is not essential to our thesis. The devil is not dead; he has merely changed his clothes. Criminal activity has not subsided19; it has instead sought new ways to meet modern conditions, and so favorable are these that[Pg 21] while polite crime may be said still to be in its infancy20, it is nevertheless thriving lustily.
While the degenerate21 criminal class is the subject of much elaborate and minute analysis by our continental22 neighbors, its extent is constantly exaggerated and its relation to the other criminal classes not fully23 appreciated. To read some supposedly scientific works one would imagine that every court of criminal justice was or should be nothing but a sort of clinic. To these learned authors, civilization, it is true, owes a debt for their demonstration24 that some crime is due to insanity25 and should be prevented, and, where possible, cured in much the same manner. But they have created an impression that practically all crime is the result of abnormality.
Every great truth brings in its train a few falsehoods,—every great reform a few abuses. The first penological movement was in the direction of prison reform. While perhaps the psychological problem was not entirely overlooked, it was completely subordinated to the physical. It is a noble thing that the convict should have a warm cell in winter and a cool one in summer, with electric light and running water, wholesome26 and nutritious27 food, books, bathrooms, hospitals, chapels28, concerts, ball games and chaplains. "But it must be noted29 that along with this movement has grown up a sickly sentimentality about criminals which has gone altogether too far, and which, under the guise30 of humanity and philanthropy, confounds all moral distinctions." To a large number of well-meaning people every convict is a person to whom the State has done an injury.
Then came the study of degeneracy, with the cranium of every criminal as a subject of investigation31.[Pg 22] In 1881 or thereabouts Professor Benedickt published his conclusion that "the brains of criminals exhibit a deviation32 from the anthropological33 variety of their species, at least among the cultured races." It was a commendable34 thing to point out the relation of insanity to crime. It is an undeniable truth that there are insane people who are predisposed to crime just as there are those who are predisposed to dance.
The vicious criminal class contains many who are actually or incipiently35 insane, and it numbers a great many more who are physically36 and mentally normal, who yet by reason of their education and environment are not much to be blamed for doing wrong. But it is far from true that a majority of the "real" criminals are mentally defective37. Crime and insanity are no more closely related than sin and insanity. Certain criminals are also perverts38. But they would be criminals even if they were not perverts. The fact that a man who takes drugs is also a criminal does not prove that he is a criminal because he takes drugs. We know many drug-takers who are otherwise highly respectable. Go to the General Sessions and watch the various defendants who are brought into court and you will discover little more degeneracy or abnormality than you would find on the corner of Twenty-third Street and Fifth Avenue among the same number of unaccused citizens.
The point which the writer desires to make is that, leaving out the accidental and experimental criminals, there is a much closer relation between all law-breakers than the public and our legislators seem to suppose. The man who adulterates his milk to make a little extra money is in the same class with[Pg 23] the financial swindler. One waters his milk, the other his stock. The same underhanded desire to better one's self at the expense of one's neighbor is the moving cause in each case. The forger belongs to the class whose heads the criminologists delight to measure, but they would not measure your milkman's. The man who steals your purse is a felon39 and a subject of scientific investigation and discussion; the man who forges a trade-mark commits only a misdemeanor and excites no psychological interest. But they are criminals of exactly the same type.
The "crime-is-a-disease" theory has been worked entirely too hard. It is a penologic generality which does not need any truckling to popular sentimentality to demonstrate its truth. But there are as many sorts of this "disease" as there are kinds of crime, and some varieties would be better described by other and less euphemistic names. Crime is no more a disease than sin, and the sinners deserve a good share of the sympathy that is at present wasted on the criminals. The poor fellow who has merely done wrong gets but scant40 courtesy, but once jerk him behind the bars and the women send him flowers. If crime is a disease, sin is also a disease, and we have all got a case of it. It is strange that there is not more "straight talk" on this subject. Every one of us has criminal propensities,—that is to say, in every one of us lurks41 the elemental and unlawful passions of sex and of acquirement. It is but a play on words to say that the man who yields to his inclinations42 to the extent of transgressing43 the criminal statutes44 is "diseased." Up to a certain point it is his own business, beyond it becomes ours, and he transgresses45 at his peril46.
[Pg 24]
The ordinary criminal usually is such because he "wants the money"; he either does not like to work or wants more money than he can earn honestly. He has no "irresistible47 impulse" to steal,—he steals because he thinks he can "get away with it."
The so-called professional thief is usually one who has succeeded in so doing or who, having been convicted of larceny48, finds he cannot live agreeably other than by thieving; but the man is no less a professional thief who systematically49 puts money in his pocket by dishonest and illegal methods in business. The fact that it is not, in the ordinary sense, his "sole occupation" does not affect the question at all. Indeed, it would be difficult for one whose business life was permeated50 by graft52 to refute the general allegation that his "sole occupation" was criminal. Granting this, your dishonest business man fulfils every requirement of Mr. Warner's definition, for he "preys53 upon society and is [secretly] at war upon it." He may not be an "outlaw," but he should be one under any enlightened code of criminal laws.[9]
There is no practical distinction between a man who gets all of a poor living dishonestly and one who gets part of an exceedingly good living dishonestly. The thieving of the latter may be many times more profitable than that of the former. So long as both keep at it systematically there is little to choose between the thief who earns his livelihood54 by picking pockets and the grocer or the financier who swindles those who rely upon his representations. The man who steals a trade-mark, counterfeits55 a label, or adulterates food or drugs, who makes a fraudulent assignment of his property, who as a director of a cor[Pg 25]poration declares an unearned dividend56 for the purpose of selling the stock of himself and his associates at an inflated57 value, who publishes false statements and reports, makes illegal loans, or who is guilty of any of the thousand and one dishonest practices which are being uncovered every day in the management of life insurance, banking58, trust, and railroad companies, is precisely59 as "real" a criminal as one who lurks in an alley60 and steals from a passing wagon61. Each is guilty of a deliberate violation62 of law implying conscious wrong, and each commits it for essentially63 the same reason.
Yet at the present time the law itself recognizes a fictitious64 distinction between these crimes and those of a more elementary sort. The adulteration of foods, the theft of trade-marks, stock-jobbing, corporation frauds, and fraudulent assignments are as a rule only misdemeanors. The trouble is that we have not yet adjusted ourselves to the idea that the criminal who wears a clean collar is as dangerous as one who does not. Of course, in point of fact he is a great deal worse, for he has not the excuse of having a gnawing65 at his vitals.
If a rascally66 merchant makes a fraudulent conveyance67 of his property and then "fails," although he may have secreted68 goods worth fifty thousand dollars, the punishment of himself and his confederate is limited to a year in the penitentiary69 and a thousand dollars fine, while if a bank cashier should steal an equivalent amount and turn it over to an accomplice70 for safe keeping he could receive ten years in State's prison. Even in this last case the receiver's punishment could not exceed five years. Thus Robert A. Ammon, who was the sole person[Pg 26] to profit by the notorious "Franklyn Syndicate,"[10] when convicted of receiving the proceeds of the fraud, could be sentenced to only five years in Sing Sing, while his dupe, Miller71, who sat at the desk and received the money, although he acted throughout by the other's advice and counsel, in fact did receive a sentence of ten years for practically the same offence. However inequitable this may seem, what inducements are offered in the field of fraudulent commercial activity when a similar kind of theft is punishable by only a year in the penitentiary?
One can hardly blame such picturesque swindlers as "Larry" Summerfield, who saw gigantic financial and commercial frauds being perpetrated on every side, while the thieves who had enriched themselves at the expense of a gullible72 public went scot-free, for wanting to participate in the feast. Almost every day sees some new corporation brought into being, the only object of which is to enable its organizers to foist73 its worthless stock among poorly paid clerks, stenographers, trained nurses, elevator men and hard-working mechanics. The stock is disposed of and the "corporation" (usually a copper74 or gold mining enterprise) is never heard of again. Apparently75 if you do the thing correctly there can be no "come back." Accordingly Summerfield and his gang of "sick engineers" hawked76 through the town nearly eighty thousand dollars' worth of the securities of the Horse Shoe Copper Mining Company, which owned a hole in the ground in Arizona. It was all done under legal advice and was undoubtedly77 believed to be within the letter of the law. But there were a few unnecessary falsehoods, a few slips in the schedule, a few complainants who would not be[Pg 27] placated78, and "Larry" found himself in the toils79. He was convicted of grand larceny in the first degree, secured a certificate of reasonable doubt and gave bail80 in a very large amount. Within a short time he was re-arrested for working the same game upon an unsuspecting southerner. This time his bail was increased to thirty thousand dollars. It was not long after the investigations81 into the Ship-Building Trust scandal and New York had been edified82 by seeing the inside workings of some very high finance. After his temporary release Summerfield strolled over to Pontin's restaurant for lunch, where he sat down at a table adjoining one occupied by the assistant district attorney who had prosecuted83 and convicted him.
"How are you, Mr. ——?" inquired "Larry" with his usual urbanity. "How are things?"
"So so," replied the prosecutor84, amused at the nonchalance85 of a man who might reasonably expect to be in Sing Sing within three months. "How's business?"
"Oh, pretty good," returned Larry. "You know there is a sucker born every minute."
"I should think after your conviction you would have had sense enough to keep out of swindling for a while," continued the assistant.
"Swindling!" exclaimed Summerfield. "Swindling nothin'! My lawyer says I didn't commit any crime. Didn't the Supreme86 Court say there was a reasonable doubt in my case? Well, I'm just giving myself the benefit of it,—that's all. I'm entitled to it. How about those Ship-Building fellers?"
The "Ship-Building fellers" have never been convicted of any wrong-doing. Perhaps they committed[Pg 28] no crime. Summerfield has three years more to serve in Sing Sing.[11]
In this connection the reader will recall the attitude of the inhabitants of Lilliput as chronicled by Gulliver.—"They look upon fraud as a greater crime than theft, and therefore seldom fail to punish it with death; for they allege87 that care and vigilance, with a very common understanding, may preserve a man's goods from theft, but honesty has no defence against superior cunning; ... the honest dealer is always undone88, and the knave89 gets the advantage. I remember when I was once interceding90 with the king for a criminal who had wronged his master for a great sum of money, which he had received by order, and ran away with; and happening to tell his Majesty91 by way of extenuation92 that it was only a breach93 of trust, the Emperor thought it monstrous94 in me to offer as a defence the greatest aggravation95 of the crime; and truly I had little to say in return, further than the common answer, that different nations had different customs; for, I confess, I was heartily96 ashamed."
Any definition of the criminal class which limits it to those who "make their living" by crime is inadequate97 and begs the question entirely. There is no choice between the grafter98 and the "professional" thief, the boodler and the bank robber. They are all "real" criminals. One is as "diseased" and "degenerate" as the other. Every reversed conviction of a "grafter" lowers a peg99 the popular respect for law. The clerk in the corner grocery in Dakota feels the wireless100 influence of the boodler in St. Louis, and[Pg 29] the "successful" failure in New York sets some fellow thinking in San Francisco.
The so-called degenerate and professional criminals constitute a very small fraction of the law-breakers and it is not from either class that we have most to fear. Our real danger lies in those classes of the population who have no regard for law, if not an actual contempt for it, and who may become criminals, or at least criminal, whenever any satisfactory reason, coupled with adequate opportunity, presents itself. From this class spring the experimental criminals of every sort, who in time become "professionals," and from it the embezzler101, the stock jobber102, the forger and business thief. From it as well are largely recruited those who commit the crimes of violence which, however undeservedly, give the United States such an unenviable place upon the tables of the statisticians. From it spring the "fellow who does not care" or who "will take a chance," the dynamiter103, the man who is willing to "turn a trick" at a price, and all those who need the strong arm of the law to restrain them from yielding to their entirely normal evil inclinations.
The man who deliberately104 violates the law by doing that which he knows to be wrong is a real criminal, whether he be a house-breaker, an adulterator of drugs, the receiver of a fraudulent assignment or a trade-mark thief, an insurance "grafter," a bribe105 giver, or a butcher who charges the cook's commission against next Sunday's delivery. The writer fails to see the slightest valid106 distinction between them and believes it should be made possible to punish them all with equal severity. There is[Pg 30] no reason why one should be a felon, another guilty of only a misdemeanor, while still another is guilty of nothing at all. The cause of crime is our general and widespread lack of respect for law, and this in turn is largely due to the unpunished, and often unpunishable, dishonesty which seems to permeate51 many phases of commercial activity. Diogenes's job is still vacant.
FOOTNOTES:
[8] Including under the general term "fraud," obtaining money by false pretences107, thefts by solicitors108, bankers, agents, directors, trustees, etc. ("generally recorded under the euphony109 'misappropriation'"), falsifying accounts, etc., Mr. Schorling found that taking the number of these two divisions of crime between 1885-1889 as 100% there had been the following relative decrease and increase between them:
All Crimes Except Fraud Frauds
1885-1889 100% 1885-1889 100%
1890-1894 96.2% 1890-1894 110.1%
1895-1899 90.4% 1895-1899 138.3%
A similar table constructed for the United States during the last fifteen years would be instructive but perhaps unduly110 depressing. Recent financial and other disclosures would probably send up the mercury of the "fraud" thermometer until it burst.
[9] Cf. "Unpunished Commercial Crime" in "Moral Overstrain," by G.W. Alger. Houghton, Mifflin & Co., 1906.
[10] See "True Stories of Crime," referred to supra, p. 15.
[11] Since the publication of this book Summerfield has been discharged from prison, having earned his parole by exemplary conduct. He has gone West to lead a new and better life, and there is reason to believe that he will succeed in doing so.
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1 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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2 purely | |
adv.纯粹地,完全地 | |
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3 technically | |
adv.专门地,技术上地 | |
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4 prey | |
n.被掠食者,牺牲者,掠食;v.捕食,掠夺,折磨 | |
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5 outlaws | |
歹徒,亡命之徒( outlaw的名词复数 ); 逃犯 | |
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6 defendants | |
被告( defendant的名词复数 ) | |
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7 relatively | |
adv.比较...地,相对地 | |
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8 accurately | |
adv.准确地,精确地 | |
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9 withdrawn | |
vt.收回;使退出;vi.撤退,退出 | |
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10 devoured | |
吞没( devour的过去式和过去分词 ); 耗尽; 津津有味地看; 狼吞虎咽地吃光 | |
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11 memoirs | |
n.回忆录;回忆录传( mem,自oir的名词复数) | |
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12 picturesque | |
adj.美丽如画的,(语言)生动的,绘声绘色的 | |
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13 dealer | |
n.商人,贩子 | |
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14 forger | |
v.伪造;n.(钱、文件等的)伪造者 | |
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15 defraud | |
vt.欺骗,欺诈 | |
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16 doffed | |
v.脱去,(尤指)脱帽( doff的过去式和过去分词 ) | |
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17 premium | |
n.加付款;赠品;adj.高级的;售价高的 | |
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18 tempting | |
a.诱人的, 吸引人的 | |
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19 subsided | |
v.(土地)下陷(因在地下采矿)( subside的过去式和过去分词 );减弱;下降至较低或正常水平;一下子坐在椅子等上 | |
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20 infancy | |
n.婴儿期;幼年期;初期 | |
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21 degenerate | |
v.退步,堕落;adj.退步的,堕落的;n.堕落者 | |
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22 continental | |
adj.大陆的,大陆性的,欧洲大陆的 | |
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23 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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24 demonstration | |
n.表明,示范,论证,示威 | |
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25 insanity | |
n.疯狂,精神错乱;极端的愚蠢,荒唐 | |
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26 wholesome | |
adj.适合;卫生的;有益健康的;显示身心健康的 | |
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27 nutritious | |
adj.有营养的,营养价值高的 | |
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28 chapels | |
n.小教堂, (医院、监狱等的)附属礼拜堂( chapel的名词复数 );(在小教堂和附属礼拜堂举行的)礼拜仪式 | |
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29 noted | |
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30 guise | |
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31 investigation | |
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32 deviation | |
n.背离,偏离;偏差,偏向;离题 | |
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33 anthropological | |
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34 commendable | |
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35 incipiently | |
adv.起初地,早期地 | |
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36 physically | |
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37 defective | |
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38 perverts | |
n.性变态者( pervert的名词复数 )v.滥用( pervert的第三人称单数 );腐蚀;败坏;使堕落 | |
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39 felon | |
n.重罪犯;adj.残忍的 | |
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40 scant | |
adj.不充分的,不足的;v.减缩,限制,忽略 | |
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41 lurks | |
n.潜在,潜伏;(lurk的复数形式)vi.潜伏,埋伏(lurk的第三人称单数形式) | |
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42 inclinations | |
倾向( inclination的名词复数 ); 倾斜; 爱好; 斜坡 | |
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43 transgressing | |
v.超越( transgress的现在分词 );越过;违反;违背 | |
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44 statutes | |
成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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45 transgresses | |
n.超越( transgress的名词复数 );越过;违反;违背v.超越( transgress的第三人称单数 );越过;违反;违背 | |
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46 peril | |
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47 irresistible | |
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48 larceny | |
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49 systematically | |
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50 permeated | |
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51 permeate | |
v.弥漫,遍布,散布;渗入,渗透 | |
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52 graft | |
n.移植,嫁接,艰苦工作,贪污;v.移植,嫁接 | |
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53 preys | |
v.掠食( prey的第三人称单数 );掠食;折磨;(人)靠欺诈为生 | |
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54 livelihood | |
n.生计,谋生之道 | |
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55 counterfeits | |
v.仿制,造假( counterfeit的第三人称单数 ) | |
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56 dividend | |
n.红利,股息;回报,效益 | |
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57 inflated | |
adj.(价格)飞涨的;(通货)膨胀的;言过其实的;充了气的v.使充气(于轮胎、气球等)( inflate的过去式和过去分词 );(使)膨胀;(使)通货膨胀;物价上涨 | |
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58 banking | |
n.银行业,银行学,金融业 | |
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59 precisely | |
adv.恰好,正好,精确地,细致地 | |
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60 alley | |
n.小巷,胡同;小径,小路 | |
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61 wagon | |
n.四轮马车,手推车,面包车;无盖运货列车 | |
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62 violation | |
n.违反(行为),违背(行为),侵犯 | |
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63 essentially | |
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64 fictitious | |
adj.虚构的,假设的;空头的 | |
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65 gnawing | |
a.痛苦的,折磨人的 | |
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66 rascally | |
adj. 无赖的,恶棍的 adv. 无赖地,卑鄙地 | |
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67 conveyance | |
n.(不动产等的)转让,让与;转让证书;传送;运送;表达;(正)运输工具 | |
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v.(尤指动物或植物器官)分泌( secrete的过去式和过去分词 );隐匿,隐藏 | |
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69 penitentiary | |
n.感化院;监狱 | |
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70 accomplice | |
n.从犯,帮凶,同谋 | |
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71 miller | |
n.磨坊主 | |
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72 gullible | |
adj.易受骗的;轻信的 | |
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73 foist | |
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74 copper | |
n.铜;铜币;铜器;adj.铜(制)的;(紫)铜色的 | |
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75 apparently | |
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77 undoubtedly | |
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79 toils | |
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80 bail | |
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81 investigations | |
(正式的)调查( investigation的名词复数 ); 侦查; 科学研究; 学术研究 | |
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82 edified | |
v.开导,启发( edify的过去式和过去分词 ) | |
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83 prosecuted | |
a.被起诉的 | |
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84 prosecutor | |
n.起诉人;检察官,公诉人 | |
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85 nonchalance | |
n.冷淡,漠不关心 | |
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86 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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87 allege | |
vt.宣称,申述,主张,断言 | |
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88 undone | |
a.未做完的,未完成的 | |
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89 knave | |
n.流氓;(纸牌中的)杰克 | |
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90 interceding | |
v.斡旋,调解( intercede的现在分词 );说情 | |
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91 majesty | |
n.雄伟,壮丽,庄严,威严;最高权威,王权 | |
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92 extenuation | |
n.减轻罪孽的借口;酌情减轻;细 | |
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93 breach | |
n.违反,不履行;破裂;vt.冲破,攻破 | |
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94 monstrous | |
adj.巨大的;恐怖的;可耻的,丢脸的 | |
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95 aggravation | |
n.烦恼,恼火 | |
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96 heartily | |
adv.衷心地,诚恳地,十分,很 | |
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97 inadequate | |
adj.(for,to)不充足的,不适当的 | |
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98 grafter | |
嫁接的人,贪污者,收贿者; 平铲 | |
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99 peg | |
n.木栓,木钉;vt.用木钉钉,用短桩固定 | |
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100 wireless | |
adj.无线的;n.无线电 | |
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101 embezzler | |
n.盗用公款者,侵占公款犯 | |
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102 jobber | |
n.批发商;(股票买卖)经纪人;做零工的人 | |
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103 dynamiter | |
n.炸药使用者(尤指革命者) | |
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104 deliberately | |
adv.审慎地;蓄意地;故意地 | |
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105 bribe | |
n.贿赂;v.向…行贿,买通 | |
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106 valid | |
adj.有确实根据的;有效的;正当的,合法的 | |
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107 pretences | |
n.假装( pretence的名词复数 );作假;自命;自称 | |
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108 solicitors | |
初级律师( solicitor的名词复数 ) | |
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109 euphony | |
n.悦耳的语音 | |
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110 unduly | |
adv.过度地,不适当地 | |
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