The case went on appeal to the Supreme Court, which affirmed the conviction, and there seemed no escape for McDuff from a term in prison.
One evening Gottlieb and I got talking about the case among other things.
"How is it," said I, "that the criminal law will step in and give a man back his money when, under precisely the same circumstances, the civil law will let him whistle ?" "What mean you by that ?" asked my partner.
"Why," answered I, "the civil law will not settle disputes between thieves, it will not enforce an equitable division of stolen property, and it will not compel rogues to keep a dishonest contract between themselves.

Now this fellow, Jones, it seems to me, was almost as bad as your friend McDuff.

He tried to induce a man he thought was a sworn officer of the law to violate his oath and disregard his duty.

Why should the criminal law do anything for him?
Why should it hand him back his money as if he were an innocent and honest man ?" "It is an ingenious argument," replied Gottlieb, scratching his ear; "and yet it is poppycock for all that.

The criminal law is to punish criminals.