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it stands to reason that no man should be allowed to be unlucky to
more than a very moderate extent。〃
Then； turning to the prisoner； the judge continued：… 〃You have
suffered a great loss。 Nature attaches a severe penalty to such
offences； and human law must emphasise the decrees of nature。 But
for the recommendation of the jury I should have given you six
months' hard labour。 I will； however； commute your sentence to one
of three months； with the option of a fine of twenty…five per cent。
of the money you have received from the insurance company。〃
The prisoner thanked the judge； and said that as he had no one to
look after his children if he was sent to prison； he would embrace
the option mercifully permitted him by his lordship； and pay the
sum he had named。 He was then removed from the dock。
The next case was that of a youth barely arrived at man's estate；
who was charged with having been swindled out of large property
during his minority by his guardian； who was also one of his
nearest relations。 His father had been long dead； and it was for
this reason that his offence came on for trial in the Personal
Bereavement Court。 The lad； who was undefended； pleaded that he
was young； inexperienced； greatly in awe of his guardian； and
without independent professional advice。 〃Young man；〃 said the
judge sternly； 〃do not talk nonsense。 People have no right to be
young； inexperienced； greatly in awe of their guardians； and
without independent professional advice。 If by such indiscretions
they outrage the moral sense of their friends； they must expect to
suffer accordingly。〃 He then ordered the prisoner to apologise to
his guardian； and to receive twelve strokes with a cat…of…nine…
tails。
But I shall perhaps best convey to the reader an idea of the entire
perversion of thought which exists among this extraordinary people；
by describing the public trial of a man who was accused of
pulmonary consumptionan offence which was punished with death
until quite recently。 It did not occur till I had been some months
in the country； and I am deviating from chronological order in
giving it here； but I had perhaps better do so in order that I may
exhaust this subject before proceeding to others。 Moreover I
should never come to an end were I to keep to a strictly narrative
form； and detail the infinite absurdities with which I daily came
in contact。
The prisoner was placed in the dock； and the jury were sworn much
as in Europe； almost all our own modes of procedure were
reproduced； even to the requiring the prisoner to plead guilty or
not guilty。 He pleaded not guilty； and the case proceeded。 The
evidence for the prosecution was very strong； but I must do the
court the justice to observe that the trial was absolutely
impartial。 Counsel for the prisoner was allowed to urge everything
that could be said in his defence： the line taken was that the
prisoner was simulating consumption in order to defraud an
insurance company； from which he was about to buy an annuity； and
that he hoped thus to obtain it on more advantageous terms。 If
this could have been shown to be the case he would have escaped a
criminal prosecution； and been sent to a hospital as for a moral
ailment。 The view； however； was one which could not be reasonably
sustained； in spite of all the ingenuity and eloquence of one of
the most celebrated advocates of the country。 The case was only
too clear； for the prisoner was almost at the point of death； and
it was astonishing that he had not been tried and convicted long
previously。 His coughing was incessant during the whole trial； and
it was all that the two jailors in charge of him could do to keep
him on his legs until it was over。
The summing up of the judge was admirable。 He dwelt upon every
point that could be construed in favour of the prisoner； but as he
proceeded it became clear that the evidence was too convincing to
admit of doubt； and there was but one opinion in the court as to
the impending verdict when the jury retired from the box。 They
were absent for about ten minutes； and on their return the foreman
pronounced the prisoner guilty。 There was a faint murmur of
applause； but it was instantly repressed。 The judge then proceeded
to pronounce sentence in words which I can never forget； and which
I copied out into a note…book next day from the report that was
published in the leading newspaper。 I must condense it somewhat；
and nothing which I could say would give more than a faint idea of
the solemn； not to say majestic； severity with which it was
delivered。 The sentence was as follows：…
〃Prisoner at the bar； you have been accused of the great crime of
labouring under pulmonary consumption； and after an impartial trial
before a jury of your countrymen； you have been found guilty。
Against the justice of the verdict I can say nothing： the evidence
against you was conclusive； and it only remains for me to pass such
a sentence upon you； as shall satisfy the ends of the law。 That
sentence must be a very severe one。 It pains me much to see one
who is yet so young； and whose prospects in life were otherwise so
excellent； brought to this distressing condition by a constitution
which I can only regard as radically vicious； but yours is no case
for compassion： this is not your first offence： you have led a
career of crime； and have only profited by the leniency shown you
upon past occasions； to offend yet more seriously against the laws
and institutions of your country。 You were convicted of aggravated
bronchitis last year： and I find that though you are now only
twenty…three years old； you have been imprisoned on no less than
fourteen occasions for illnesses of a more or less hateful
character； in fact； it is not too much to say that you have spent
the greater part of your life in a jail。
〃It is all very well for you to say that you came of unhealthy
parents； and had a severe accident in your childhood which
permanently undermined your constitution； excuses such as these are
the ordinary refuge of the criminal； but they cannot for one moment
be listened to by the ear of justice。 I am not here to enter upon
curious metaphysical questions as to the origin of this or that
questions to which there would be no end were their introduction
once tolerated； and which would result in throwing the only guilt
on the tissues of the primordial cell； or on the elementary gases。
There is no question of how you came to be wicked； but only this
namely； are you wicked or not？ This has been decided in the
affirmative； neither can I hesitate for a single moment to say that
it has been decided justly。 You are a bad and dangerous person；
and stand branded in the eyes of your fellow…countrymen with one of
the most heinous known offences。
〃It is not my business to justify the law： the law may in some
cases have its inevitable hardships； and I may feel regret at times
that I have not the option of passing a less severe sentence than I
am compelled to do。 But yours is no such case； on the contrary；
had not the capital punishment for consumption been abolished； I
should certainly inflict it now。
〃It is