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I confess that I felt rather unhappy when I got home, and thought more closely over the trial that I had just witnessed. For the time I was carried away by the opinion of those among whom I was. They had no misgivings about what they were doing. There did not seem to be a person in the whole court who had the smallest doubt but that all was exactly as it should be. This universal unsuspecting confidence was imparted by sympathy to myself, in spite of all my training in opinions so widely different. So it is with most of us: that which we observe to be taken as a matter of course by those around us, we take as a matter of course ourselves. And after all, it is our duty to do this, save upon grave occasion.
But when I was alone, and began to think the trial over, it certainly did strike me as betraying a strange and untenable position. Had the judge said that he acknowledged the probable truth, namely, that the prisoner was born of unhealthy parents, or had been starved in infancy, or had met with some accidents which had developed consumption; and had he then gone on to say that though he knew all this, and bitterly regretted that the protection of society obliged him to inflict additional pain on one who had suffered so much already, yet that there was no help for it, I could have understood the position, however mistaken I might have thought it. The judge was fully persuaded that the infliction of pain upon the weak and sickly was the only means of preventing weakness and sickliness from spreading, and that ten times the suffering now inflicted upon the accused was eventually warded off from others by the present apparent severity. I could therefore perfectly understand his inflicting whatever pain he might consider necessary in order to prevent so bad an example from spreading further and lowering the Erewhonian standard; but it seemed almost childish to tell the prisoner that he could have been in good health, if he had been more fortunate in his constitution, and been exposed to less hardships when he was a boy.