His problem is that many Outers prefer a more nostalgic vision of a post-EU Britain, one involving cream teas, birching and church on Sundays.
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Meanwhile, the death penalty remained on the statute book until 1993, the year in which the Isle of Man formally abolished birching, a corporal punishment in which young men were sometimes beaten on their bare buttocks.
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This power was very rarely used – there were only seven birching cases in borstals in the 10 years to 1936.Cadogan, p. 122. This birching power was available only in England and Wales (not in Scottish borstals).Cadogan, p. 123.
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A switch is a flexible rod which is typically used for corporal punishment. Switching is similar to birching.
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Birching featured in the French Revolution. One leader of the revolution, Anne-Josèphe Théroigne de Méricourt, went mad, ending her days in an asylum after a public birching. On 31 May 1793 the Jacobin women seized her, stripped her naked, and flogged her on the bare bottom in the public garden of the Tuileries.Roudinesco, Elisabeth.
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Birching was a form of corporal punishment used on the Isle of Man during the 1960s and 1970s. It was principally the form of punishment for boys under 15 convicted of stealing, however was altered in 1960 so that birching could be used on males up to 21 years of age. In 1972 the case of Tyrer v The United Kingdom went to Human Rights Court. By a majority of six votes to one, the Court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the ECHR.
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Judicial birching was abolished in the Isle of Man in 2000 following the judgment in Tyrer v. UK by the European Court of Human Rights. The last birching took place in January 1976; the last caning, of a 13-year-old boy convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971.
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103; Hibbert, pp. 426–427; St Aubyn, pp. 388–389 and a birching. As a result of the incident, Victoria's popularity recovered further.
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In Slovenia, there is a jocular tradition that anyone who succeeds in climbing to the top of Mount Triglav receives a spanking or birching.
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Birching is a form of corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders.
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However, at Eton College and schools of similar standing, the recipient was made to kneel on a special wooden block. Another device used to immobilise offenders was a birching table, used in Scotland, with two holes in it through which the offender's arms were inserted but otherwise left free and untied. The offender's feet were tied into position and a strap fastened immediately above the waist.The Birching Table, West Highland Museum.
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A hazel rod is particularly painful; a bundle of four or five hazel twigs was used in the 1960s and 1970s on the Isle of Man, the last jurisdiction in Europe to use birching as a judicial penalty.Such a birch is illustrated in "Birching - The Facts", Isle of Man Courier, Ramsey, 17 March 1972. Another factor in the severity of a birch rod is its size - i.e. its length, weight and number of branches.
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This room also contains the birching table belonging to the burgh (i.e. the town council) of Fort William, used to restrain people subject to judicial corporal punishment; birching was last used to chastise an offending youth in 1948.Donald B. MacCulloch,Romantic Lochaber Arisaig and Morar,(Edinburgh: W&R; Chambers,1971),31-33. The round, mahogany wine table in this room is reputed to have belonged to Colonel Hill, Governor of the fort at the time of the Massacre of Glencoe in 1692.
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Medieval schoolboy birched on the bare buttocks (by Hans Holbein the Younger) Only if the recipient was a small child could he or she practicably be punished over the knee of the applicant. Otherwise the child would be bent over an object such as a chair. For judicial punishments the recipient could even be tied down if likely to move about too much or attempt to escape. In some prisons and reformatories, a wooden apparatus known as birching donkey or birching pony was specially constructed for birchings.
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Birching or use of the cat o' nine tails would have been typical in the latter case. In a large crew he could delegate this to the boatswain's mates, who might alternate after each dozen lashes.
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Birching, Germany, 17th century Depiction of a flogging at Oregon State Penitentiary, 1908 Corporal punishment of children has traditionally been used in the Western world by adults in authority roles.Rich, John M. (December 1989). "The Use of Corporal Punishment". The Clearing House, Vol. 63, No. 4, pp. 149–152.
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Although by now a hardened thief who has received a birching, Dicky occasionally attends school. He returns home one day to see the Ropers’ clock on the family mantlepiece. Weech has given this to Josh in return for stolen tobacco. Another child has been born, and Looey is “forgotten”.
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In Lewis Carroll's early poem The Two Brothers 1853 one laments: "Oh would I were back at Twyford School, Learning lessons in fear of the birch !" as his sadistic brother uses him as fish bait. Today birching is rarely used as a judicial punishment, and it has also almost completely died out as a punishment for children. In the United Kingdom, birching as a judicial penalty, in both its juvenile and adult versions, was abolished in 1948, but it was retained until 1962 as a punishment for violent breaches of prison discipline. The Isle of Man (a small island between Britain and Ireland with its own legal system as a British Crown dependency) caused a good deal of controversy by continuing to birch young offenders until 1976.
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Urechia, pp. 6, 52 From May 1832, Vulpea involved himself in settling disputes over the ownership and trading of Roma slaves.Achim et al., pp. 10–11, 63–64 He also helped to capture and sentence the bandit Gheorghe sin Medrea in June 1833—possibly the last case of birching to be recorded in Wallachia.
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St Botolph's has an array of sixty-two misericords dating from 1390. Subject matter includes mythology, heraldry, and some everyday scenes - NB-02, for instance "Master seated birching a boy who is trying to protect himself with a book. Three other boys are looking on," and NB-03 "Two jesters, each squeezing a cat under its arm and biting its tail".
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The magazine John Bull published a report on the Akbar Scandal, detailing cruel treatment that had apparently led to a number of deaths. It detailed that boys were tortured and there were several deaths. Boys were gagged with blankets before being secured to a birching horse, their trousers removed and then birched with hawthorn branches. The ill boys were considered malingerers and caned.
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Judicial birching of a delinquent; Germany, 17th century A magistrate's committal for birching of two children dated 4 December 1899 displayed in West Midlands Police Museum, Sparkhill, Birmingham, England A birch rod (often shortened to "birch") is a bundle of leafless twigs bound together to form an implement for administering corporal punishment. Contrary to what the name suggests, a birch rod is not a single rod and is not necessarily made from birch twigs, but can also be made from various other strong and smooth branches of trees or shrubs, such as willow.In the Australian state of Victoria, birches for the judicial punishment of juvenile offenders were made of "willow withes soaked in water". Benson, G. Flogging: The Law and Practice in England, Howard League for Penal Reform, London, 1937, Appendix I: The Law and Practice of Other Countries.
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In some circumstances the word "flogging" is used loosely to include any sort of corporal punishment, including birching and caning. However, in British legal terminology, a distinction was drawn (and still is, in one or two colonial territories) between "flogging" (with a cat-o'-nine-tails) and "whipping" (formerly with a whip, but since the early 19th century with a birch). In Britain these were both abolished in 1948.
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Born Vincent Martin in Linstead, St. Catherine, Jamaica, he turned to a life of violent crime in his teenage years after moving to Kingston. Short and slim with an "effeminate" voice, he compensated by building a reputation for extreme violence. He was first arrested at 14 for wounding, for which he was sentenced to a birching. Further arrests for wounding and larceny followed, leading to a six-month stint in gaol.
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The martinet was often applied on the calves, so that the children did not have to disrobe. Otherwise it was usually applied on the bare buttocks, adding humiliation to the physical pain, like the English and Commonwealth caning, birching, naval cat o' nine tails, American paddling, et cetera. It is now considered abusive to use a martinet to punish children. However, martinets were still sold in the pet section of French supermarkets.
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Spanking is a common form of corporal punishment, involving the act of striking the buttocks of another person to cause physical pain, generally with an open hand. More severe forms of spanking, such as switching, paddling, belting, caning, whipping, and birching, involve the use of an object instead of a hand. Parents may spank children in response to undesired behavior. Adults more commonly spank boys than girls, both at home and in school.
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The symbolism of the fasces suggests strength through unity (see Unity makes strength); a single rod is easily broken, while the bundle is very difficult to break. This symbolism occurs in Aesop's fable "The Old Man and his Sons". A similar story is told about the Bulgar (pre-Bulgarian, proto-Bulgarian) Khan Kubrat, giving rise to the Bulgarian national motto "Union gives strength" (Съединението прави силата). However, bundled birch twigs could also symbolise corporal punishment (see birching).
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Birching of Anabaptist martyr Ursula, Maastricht, 1570; engraving by Jan Luyken from Martyrs Mirror The Singaporean official punishment of caning became much discussed around the world in 1994 when an American teenager, Michael Fay, was sentenced to six strokes of the cane for vandalism. Like Singapore, Malaysia also has corporal punishment. Other former British colonies with judicial caning currently on their statute books include Barbados, Botswana, Brunei, Swaziland,Report 2007 for Swaziland , Amnesty USA. Tonga, Trinidad & Tobago, and Zimbabwe.
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In 1880, inspired by Russia's victory in the Russo-Turkish War, Kuprin enrolled into the Second Moscow Military High School, turned into the Cadet Corps in 1882. Several of Kuprin's autobiographical stories, like "At the Turning Point" (1900), "The River of Life" (1906) and "Lenochka" (1910), refer to this period. "The memory of the birching at the Cadet Corps stayed with me for the rest of my life," he wrote not long before his death.Afanasiev, p. 6.
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MCCL records lodged with MNH Library - Thie Tashtee Vannin, Douglas, Isle of Man. Moffatt was scathing of the Manx government and popular attitudes in the island to civil liberties. Quoting a remark made by a sentencing magistrate, he said: :"I would delight in birching both of you" – Those words spoken by a magistrate nearly 30 ago, to two mentally retarded children, should be burnt into the soul of every Manxman. The remarks represent a bigotry, intolerance and fundamental disregard for civil liberty that existed and is retained to this day.
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In the United Kingdom, one of the earliest organised campaigns was that of the Humanitarian League, with its regular magazine The Humanitarian, which campaigned for several years for the abolition of the chastisement of young seamen in the Royal Navy, a goal partially achieved in 1906 when naval birching was abandoned as a summary punishment.Gibson, Ian. The English Vice, Duckworth, London, 1978, pp.171-176. However, it did not manage to get the Navy to abolish caning as a punishment, which continued at Naval training establishments until 1967.
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The ultimate punishment, short of expulsion, is a birching administered by the saintly headmaster, Dr Locke. Lesser punishments are lines (copying out a hundred lines from a Latin text by the classical author Virgil), or for really serious infractions among the older forms a "book" (copying out a complete Latin text by Virgil, which might be up to 952 lines. There is also a Punishment Room ("Punny") which, in rare and particularly serious cases, may be used to keep an offender in solitary confinement for a number of days.
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The latter relates his experiences of flogging at Eton and wishes to witness the birching of Miss Bellasis. According to the Victorian pornographer Henry Spencer Ashbee, it is this point that the hand of another author is detectable and the action becomes more explicit: "the castigation of Miss Bellasis is described at great, perhaps too great length" and the erstwhile maidenly headmistress who "was not by any means a flogging school-mistress" is transformed into "the lascivious lady of Verbena House".Henry Spencer Ashbee (1969) Index of Forbidden Books. Sphere; p.
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She was elected as MP for the seat after a hard campaign in the 1959 election. Benefiting from her fortunate result in a lottery for backbenchers to propose new legislation, Thatcher's maiden speech was, unusually, in support of her private member's bill, the Public Bodies (Admission to Meetings) Act 1960, requiring local authorities to hold their council meetings in public; the bill was successful and became law. In 1961 she went against the Conservative Party's official position by voting for the restoration of birching as a judicial corporal punishment.
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"Birching in the Isle of Man 1945 to 1976", article at World Corporal Punishment Research.Tyrer v. the United Kingdom The birch was also used on offending teenage boys until the mid-1960s on the Channel Islands of Guernsey and Jersey. In Trinidad and Tobago, the Corporal Punishment Act 1953 allows the High Court to order males, in addition to another punishment (often concurrent with a prison term), to undergo corporal punishment in the form of either a 'flogging' with a knotted cat o' nine tails (made of cords, as in the Royal Navy tradition) or a 'whipping' with a 'rod' [i.e.
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His defence team did not plead insanity, but instead asked for a lenient sentence on the grounds of a momentary lapse caused by a weak mind. The jury retired at twenty minutes past three, and did not return into court until five minutes past seven, when they gave a verdict of Guilty. The prisoner was immediately called up for judgement. Pate was sentenced to seven years of penal transportation, which his father thought a better result than the ignominy of imprisonment in the UK accompanied by a birching, even though that was a nominally lesser sentence.
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Felix Manz was executed by drowning within two years of his rebaptism Birching of Anabaptist martyr Ursula, Maastricht, 1570; engraving by Jan Luyken from Martyrs Mirror Roman Catholics and Protestants alike persecuted the Anabaptists, resorting to torture and execution in attempts to curb the growth of the movement. The Protestants under Zwingli were the first to persecute the Anabaptists, with Felix Manz becoming the first Anabaptist martyr in 1527. On May 20 or 21, 1527, Roman Catholic authorities executed Michael Sattler. reprinted from King Ferdinand declared drowning (called the third baptism) "the best antidote to Anabaptism".
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Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Malaya and Singapore by the British Empire in the 19th century. It was formally codified under the Straits Settlements Penal Code Ordinance IV in 1871. In that era, offences punishable by caning were similar to those punishable by birching or flogging (with the cat o' nine tails) in England and Wales. They included robbery, aggravated forms of theft, burglary, assault with the intention of sexual abuse, a second or subsequent conviction of rape, a second or subsequent offence relating to prostitution, and living on or trading in prostitution.
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Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Malaya (present-day peninsular Malaysia and Singapore) by the British Empire in the 19th century. It was formally codified under the Straits Settlements Penal Code Ordinance IV in 1871. In that era, offences punishable by caning were similar to those punishable by birching or flogging (with the cat o' nine tails) in England and Wales. They included robbery, aggravated forms of theft, burglary, assault with the intention of sexual abuse, a second or subsequent conviction of rape, a second or subsequent offence relating to prostitution, and living on or trading in prostitution.
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It is capable of being opened to a considerable extent, so as to bring the body to any angle that might be desirable. There is a print in Mrs Berkley's memoirs, representing a man upon it quite naked. A woman is sitting in a chair exactly under it, with her bosom, belly, and bush exposed: she is manualizing his embolon, whilst Mrs Berkley is birching his posteriors. He continues: :When the new flogging machine was invented, the designer told her it would bring her into notice, and go by her name after her death; and it did cause her to be talked of, and brought her a great deal of business.
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Lord Goddard - Fenton Bresler (1977)The Times, London, 11 June 1971. In 1948 backbench pressure in the House of Commons forced through an amendment to the Criminal Justice Bill to the effect that capital punishment should be suspended for five years and all death sentences automatically commuted to life imprisonment. The Bill also sought to abolish judicial corporal punishment in both its then forms, the cat-o'-nine-tails and the birch. Goddard attacked the Bill in the House of Lords, making his maiden speech, saying he agreed with the abolition of the "cat" but not birching, which he regarded as an effective punishment for young offenders.
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This was labelled a landmark decision by Manfred Nowak, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment It wasn't until 1993 that birching was formally repealed in the Isle of Man. Under Article 1 of the Children and Young Persons Act 1966, parents have the right to administer “reasonable chastisement” to children. The Global Initiative to end all corporal punishment of children prepared a report in 2013 suggesting the Isle of Man repeal a number of statutes relating to corporal punishment of children by all persons with authority over children.
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The UK's secondary legislation (regulations and Statutory Instruments) cannot be extended to apply to the Isle of Man. The Isle of Man is subject to certain European Union laws, by virtue of a being a territory for which the UK has responsibility in international law. These laws are those for areas not covered by the Protocol 3 opt-out that the UK obtained for the Isle of Man in its accession treaty: the excluded areas are free movement of persons, services and capital, and taxation and social policy harmonisation. The UK has had several disputes with the European Court of Human Rights about the Isle of Man's laws concerning birching (corporal punishment) and sodomy.
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Throughout the history of education the most common form of school discipline was corporal punishment. While a child was in school, a teacher was expected to act as a substitute parent, with all the normal forms of parental discipline open to them. Medieval schoolboy birched on the bare buttocks In past times, corporal punishment (spanking or paddling or caning or strapping or birching the student in order to cause physical pain) was one of the most common forms of school discipline throughout much of the world. Most Western countries, and some others, have now banned it, but it remains lawful in the United States following a US Supreme Court decision in 1977 which held that paddling did not violate the US Constitution.
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The frequency and severity of caning in educational settings have varied greatly, often being determined by the written rules or unwritten traditions of the school. The western educational use of caning dates principally to the late nineteenth century. It gradually replaced birching-effective only if applied to the bare bottom, with a form of punishment more suited to contemporary sensibilities, once it had been discovered that a flexible rattan cane can provide the offender with a substantial degree of pain even when delivered through a layer of clothing. Caning as a school punishment is strongly associated in the English-speaking world with England, but it was also used in other European countries in earlier times, notably Scandinavia, Germany and the countries of the former Austrian empire.
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"Public canings to start in Aceh for gamblers" , The Jakarta Post, 23 June 2005. African countries still using judicial caning include Botswana, Tanzania, Nigeria (mostly in northern states, but few cases have been reported in southern statesArticle 18 of the Criminal Code ACt 1916; Article 386(1) of the Criminal Procedure Act 1945.) and, for juvenile offenders only, Swaziland and Zimbabwe. Other countries that used it until the late 20th century, generally only for male offenders, included Kenya, Uganda and South Africa, while some Caribbean countries such as Trinidad and Tobago use birching, another punishment in the British tradition, involving the use of a bundle of branches, not a single cane. alt=A wooden stand of two triangular portions with a padded brace between them on a black pedestal.
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By a majority of six votes to one, the court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the European Convention on Human RightsStefano Piedimonte Bodini, La Divisione della ricerca della Corte Edu: teoria, metodo, pratica, Questione giustizia, speciale n. 1/2019 (La Corte di Strasburgo a cura di Francesco Buffa e Maria Giuliana Civinini).. Significant conclusions of the case included that "the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of present-day conditions. In the case now before it the Court cannot but be influenced by the developments and commonly accepted standards in the penal policy of the member States of the Council of Europe in this field".ECtHR Judgment in case Tyrer v.
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Bernard Moffatt has been active in campaigning for reform of laws relating to civil liberties on the island for four decades. In the 1980s, with the assistance of the TGWU and when District Chairman on the island, he lobbied the Home Office, meeting government ministers and urging action to allow the right of individual petition under the European Convention on Human Rights to Manx citizens (this was rescinded in 1976 and not restored until the 1990s). He has also campaigned for the abolition of capital punishment and judicial corporal punishment (birching), for reform of laws outlawing homosexuality, and for prison reform. He was a founder member (and Secretary) with other trade unionists of the Manx Council for Civil Liberty which existed in the 1990s and was successful in seeing changes to civil liberties legislation which reformed all the aforementioned issues.
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Birching in a women's prison, USA (ca. 1890) 1839 caricature by George Cruikshank of a school flogging Edmund Bonner punishing a heretic in Foxe's Book of Martyrs (1563) It was the most common school and judicial punishment in Europe up to the mid-19th century, when caning gained increasing popularity. According to some accounts, even the legendary sting of the cat o' nine tails was less feared than the birch in certain prisons. The birch was always applied to the bare buttocks (as also on the continent), a humiliation usually befalling boys (like the boy's cat, likewise on the naked posterior), the 'adult' cat to the back or shoulders of adults—although in the 20th century, judges increasingly ordered the birch rather than the cat, even for robbery with violence (the only offence for which adult judicial corporal punishment was ordered in the latter decades of its use in mainland Britain).
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In the sequel, he teamed up with elderly spinster Eula Goodnight (Katharine Hepburn) and an Indian boy named Wolf while on the trail of the desperado, Hawk (Richard Jordan), who had stolen a shipment of nitroglycerin from the United States Army and killed family members of both Goodnight and Wolf. Cogburn lived in Fort Smith, Arkansas, in the back of a Chinese dry-goods store, along with the proprietor, his friend and gambling buddy Chen Lee, and an orange tabby cat named after Confederate General Sterling Price for his entire life as a marshal. In the 2010 film, while Cogburn demonstrated a ruthless attitude towards the criminals and fugitives he pursued, he was generally very fair with Mattie and was shown to have a distaste for what he viewed as unnecessary cruelty. When LaBoeuf is birching Mattie for her refusal to return to Fort Smith, Cogburn demanded that he stop, and drew his pistol in threat to make LaBoeuf stop.
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A number of erotic novels of the Victorian period contain accounts of pinaforing. In Gynecocracy: A Narrative of the Adventures and Psychological Experiences of Julian Robinson, by "Viscount Ladywood" (1893),Bonnie Bullough, "Cross dressing, sex, and gender", University of Pennsylvania Press, 1993, , page 211Richard Ekins, "Blending genders: social aspects of cross-dressing and sex-changing", Routledge, 1996, , appendix 1Gynecocracy retrieved 2007-04-30 the author recounts his punishment as a boy at the hands of the governmess to whom he is sent, along with three female cousins, after taking indecent liberties with a household maid. Forced to wear girls' clothing as his ordinary attire, Julian, as Julia, is subjected to frequent flagellations, as are his cousins, one of whom he later marries, submitting to her dominance through continued forced feminization and crossdressing. The Victorian classic, My Secret Life by "Walter" (1888), contains an account of pinaforing in which the main character, Walter, witnesses the birching of a wealthy middle-aged man by a prostitute while the man wears feminine attire.
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