The History of Crime and Punishment in the United StatesThe crime of Edward Lawless—false registration—was an election crime that was as much an issue in 1904 as it is today in 2018 (and one could argue that it is even worse today than it was back then). Essentially, election fraud had been a huge problem in New York, what with the Tammany Hall government attempting to get its Irish Catholic supporters to register at multiple locations in order to vote early and vote often (and thus keep Tammany Hall in power). Teddy Roosevelt, as a member of the Police Board of Commissioners at the end of the 19th century had pledged to combat fraud and corruption and crack down on this type of abuse of the elections process—which is why Lawless’ crime was significant. Roosevelt had moved on from the Police Board in New York—to the White House. The man who spoke softly and carried a big state—the man who had sought to clean up NYC—was now at top of the world in Washington, D.C.—and under his watch, crime was not going to pay. Nonetheless, Tammany Hall would keep trying its tricks: its “rough-and-tumble style of politics that, when eventually adopted citywide, would make the city’s Democratic machine…so infamous”[footnoteRef:2] would not truly be put up against the ropes into Mayor LaGuardia came to power decades later. For now, with Lawless coming before the Court of General Sessions under presiding judge John W. Goff, the law was going to do what it could to bring the lawless to justice—and in this case, his name just happened to personify that quality which so characterized the Democratic machine at Tammany Hall that benefited from people like Edward Lawless going about to different districts to register under a false name in order to get the vote out. [2: Tyler Anbinder, Five Points: The Nineteenth-Century New York City Neighborhood (New York,

NY: Simon & Schuster, 2001), 3.]

In the People vs. Edward Lawless (1904), the identity of Lawless, who was charged with registering to vote under the name Donnelly is discussed again and again. However, the identities of the witnesses are also called into question (by the defense) because they are Republicans. In other words, politics is at the root of the issue—it is Democrats vs. Republicans in 1904, just...

The witnesses asserted that they knew the defendant as Lawless though he registered as Donnelly. The defense attorney on the contrary pointed out that the witnesses all identified as Republicans and thus were naturally inclined to want to fabricate a story like this. In short, their testimony could not be believed or trusted because they had a motive to lie. The defense did not work—mainly because the facts of the matter bore out the truth: A review of the Board of Election’s Deputy Clerk’s official records of persons registered in the Third Election District of the Fifth Assembly District showed that Lawless had indeed registered as Donnelly.[footnoteRef:3] [3: The People Against Edward Lawless. (1904). http://www.lib.jjay.cuny.edu/crimeinny/trials/pdfs/414.pdf]
Lawless represented part of the way in which votes were won (then as now)—by manipulating the system. As Campbell points out, Tammany Hall Democrats did not “always have to resort to fraud to maintain their power”[footnoteRef:4]—but in tight races they certainly did try, over and over and over, whether a man like Roosevelt was in town or in the White House. Lawless’s crime thus reflected the notion of what was criminal in that period by highlighting this all-important issue of registration fraud and the significance of the Democratic vs. Republican elections in NYC, where so much power was at stake. The political machine was responsible for overseeing police, which would oversee elections, which would be the feedback loop that determined the nature of the society that would thrive. After all, it was Roosevelt’s Republican victory in NYC that came in response to reports of rampant corruption at Tammany Hall—and it was Roosevelt’s strict enforcement of the liquor laws that the teetotalers had wanted enforced that allowed Tammany to regain its edge. [4: Tracy Campbell, Deliver the Vote: A History of Election Fraud, an American Political Tradition-1742-2004 (New York, NY: Basic Books, 2005), 19.]

A variety of forms of election fraud were rampant at the time—“such as the padding of registration lists, ballot stuffing, and electoral manipulation”[footnoteRef:5]—but the crackdown that was occurring…