- whonian Trials, The Musical Banks, and The Colleges of
Unreason, could convey an adequate impression.
A representative sample, however, is found in the retort of the judge who pronounces sentence on the youth "charged with having been swindled out of a large property during his minority by his guardian." The defendant puts up the plea natural under the circumstances, and is promptly instructed not to talk nonsense:[1]
"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."
Later a thorough exposition of this legal philosophy is
given in a long judicial oration preceding the doom of a
prisoner found guilty of pulmonary consumption. A few
excerpts show the trend of the argument.[2]
"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. * * *
There is no question of how you came to be wicked, but only
this—namely, are you wicked or not? * * * 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; * * * A time of universal
dephysicalization would ensue; medicine vendors of all
kinds would abound in our streets and advertise in all our
newspapers. * * * If you tell me that you had no hand
in your parentage and education, * * * I answer that
whether your being in a consumption is your fault or no, it is
