In Erewhon as in other countries there are some courts of justice that deal with special subjects. Misfortune generally, as I have above explained, is considered more or less criminal, but it admits of classification, and a court is assigned to each of the main heads under which it can be supposed to fall. Not very long after I had reached the capital I strolled into the Personal Bereavement Court, and was much both interested and pained by listening to the trial of a man who was accused of having just lost a wife to whom he had been tenderly attached, and who had left him with three little children, of whom the eldest was only three years old.
The defence which the prisoner's counsel endeavoured to establish was, that the prisoner had never really loved his wife; but it broke down completely, for the public prosecutor called witness after witness who deposed to the fact that the couple had been devoted to one another, and the prisoner repeatedly wept as incidents were put in evidence that reminded him of the irreparable nature of the loss he had sustained. The jury returned a verdict of guilty after very little deliberation, but recommended the prisoner to mercy on the ground that he had but recently insured his wife's life for a considerable sum, and might be deemed lucky inasmuch as he had received the money without demur from the insurance company, though he had only paid two premiums.
I have just said that the jury found the prisoner guilty. When the judge passed sentence, I was struck with the way in which the prisoner's counsel was rebuked for having referred to a work in which the guilt of such misfortunes as the prisoner's was extenuated to a degree that roused the indignation of the court.
"We shall have," said the judge, "these crude and subversionary books from time to time until it is recognised as an axiom of morality that luck is the only fit object of human veneration. How far a man has any right to be more lucky and hence more venerable than his neighbours, is a point that always has been, and always will be, settled proximately by a kind of higgling and haggling of the market, and 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 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 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 Ishould 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.
