第 19 节
作者:津鸿一瞥      更新:2021-10-16 18:44      字数:9322
  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 intolerable that an example of such terrible enormity should
  be allowed to go at large unpunished。  Your presence in the society
  of respectable people would lead the less able…bodied to think more
  lightly of all forms of illness; neither can it be permitted that
  you should have the chance of corrupting unborn beings who might
  hereafter pester you。  The unborn must not be allowed to come near
  you:  and this not so much for their protection (for they are our
  natural enemies); as for our own; for since they will not be
  utterly gainsaid; it must be seen to that they shall be quartered
  upon those who are least likely to corrupt them。
  〃But independently of this consideration; and independently of the
  physical guilt which attaches itself to a crime so great as yours;
  there is yet another reason why we should be unable to show you
  mercy; even if we were inclined to do so。  I refer to the existence
  of a class of men who lie hidden among us; and who are called
  physicians。  Were the severity of the law or the current feeling of
  the country to be relaxed never so slightly; these abandoned
  persons; who are now compelled to practise secretly and who can be
  consulted only at the greatest risk; would become frequent visitors
  in every household; their organisation and their intimate
  acquaintance with all family secrets would give them a power; both
  social and political; which nothing could resist。  The head of the
  household would become subordinate to the family doctor; who would
  interfere between man and wife; between master and servant; until
  the doctors should be the only depositaries of power in the nation;
  and have all that we hold precious at their mercy。  A time of
  universal dephysicalisation would ensue; medicine…vendors of all
  kinds would abound in our streets and advertise in all our
  newspapers。  There is one remedy for this; and one only。  It is
  that which the laws of this country have long received and acted
  upon; and consists in the sternest repression of all diseases
  whatsoever; as soon as their existence is made manifest to the eye
  of the law。  Would that that eye were far more piercing than it is。
  〃But I will enlarge no further upon things that are themselves so
  obvious。  You may say that it is not your fault。  The answer is
  ready enough at hand; and it amounts to thisthat if you had been
  born of healthy and well…to…do parents; and been well taken care of
  when you were a child; you would never have offended against the
  laws of your country; nor found yourself in your present
  disgraceful position。  If you tell me that you had no hand in your
  parentage and education; and that it is therefore unjust to lay
  these things to your charge; I answer that whether your being in a
  consumption is your fault or no; it is a fault in you; and it is my
  duty to see that against such faults as this the commonwealth shall
  be protected。  You may say that it is your misfortune to be
  criminal; I answer that it is your crime to be unfortunate。
  〃Lastly; I should point out that even though