“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.
Public-domain text, read in full here on John Shaqi.
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