Erewhon - Samuel Butler (general ebook reader .txt) 📗

ultimately by brute force; but however this may be, 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 percent 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 consumption⁠—an 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 notebook 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