But in the case of him whose trial I have described above, it was
impossible that any one in the court should not have known that it was
but by an accident of birth and circumstances that he was not himself
also in a consumption; and yet none thought that it disgraced them to
hear the judge give vent to the most cruel truisms about him. The judge
himself was a kind and thoughtful person. He was a man of magnificent
and benign presence. He was evidently of an iron constitution, and his
face wore an expression of the maturest wisdom and experience; yet for
all this, old and learned as he was, he could not see things which one
would have thought would have been apparent even to a child. He could
not emancipate himself from, nay, it did not even occur to him to feel,
the bondage of the ideas in which he had been born and bred.
So was it also with the jury and bystanders; and—most wonderful of
all—so was it even with the prisoner. Throughout he seemed fully
impressed with the notion that he was being dealt with justly: he saw
nothing wanton in his being told by the judge that he was to be
punished, not so much as a necessary protection to society (although
this was not entirely lost sight of), as because he had not been better
born and bred than he was. But this led me to hope that he suffered
less than he would have done if he had seen the matter in the same
light that I did. And, after all, justice is relative.
I may here mention that only a few years before my arrival in the
country, the treatment of all convicted invalids had been much more
barbarous than now, for no physical remedy was provided, and prisoners
were put to the severest labour in all sorts of weather, so that most
of them soon succumbed to the extreme hardships which they suffered;
this was supposed to be beneficial in some ways, inasmuch as it put the
country to less expense for the maintenance of its criminal class; but
the growth of luxury had induced a relaxation of the old severity, and
a sensitive age would no longer tolerate what appeared to be an excess
of rigour, even towards the most guilty; moreover, it was found that
juries were less willing to convict, and justice was often cheated
because there was no alternative between virtually condemning a man to
death and letting him go free; it was also held that the country paid
in recommittals for its over-severity; for those who had been
imprisoned even for trifling ailments were often permanently disabled
by their imprisonment; and when a man had been once convicted, it was
probable that he would seldom afterwards be off the hands of the
country.
Public-domain text, read in full here on John Shaqi.
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