The Sleuth of St. James Street [30]
put the formal inquiry as to whether the prisoners had anything to say. Whereupon they rose and addressed him for six days!" He bowed. "After that, monsieur, I am glad to add, they were all very properly hanged. "But, monsieur, permit me to return to my question: Do you think any intelligent tribunal on this earth would acquit Bough of Oak of the murder of Corporal Flint under the conditions I have indicated?" "No," said the American. "It would be a cold-blooded murder; and in the end the creature would be executed." The old Count turned suddenly in his chair. "Yes," he said, "in a Continental court, it is certain; but in America, monsieur, under your admirable law, founded on the common law of England?" "I am sure we should hang him," replied the American. "Monsieur," cried the old Count, "you have me profoundly puzzled." It seemed to the little group on the terrace that they, and not the Count, were indicated by that remark. He had stated a case about which there could be no two opinions under any civilized conception of justice. Sir Henry Marquis had pointed out the only element - a state of war - which could distinguish the case from plain premeditated murder in its highest degree. They looked to him for an explanation; but it did not immediately arrive. The Count noticed it and offered a word of apology. "Presently - presently," he said. "We have these two words in Italian - sparate! and aspetate! Monsieur." He turned to the American: "You do not know our language, I believe. Suppose I should suddenly call out one of these words and afterward it should prove that a life hung on your being able to say which word it was I uttered. Do you think, monsieur, you could be certain? "No, monsieur; and so courts are wise to require a full explanation of every extraordinary fact. George Goykovich, an Austrian, having no knowledge of the Italian language, swore in the court of an American state that he heard a prisoner use the Italian word sparate! and that he could not be mistaken. "I would not believe him, monsieur, on that statement; but he explained that he was a coal miner, that the mines were worked by Italians, and that this word was called out when the coal was about to be shot down with powder. "Ah, monsieur, the explanation is complete. George Goykovich must know this word; it was a danger signal. I would believe now his extraordinary statement." The Count stopped a moment and lighted another cigarette. "Pardon me if I seem to proceed obliquely. The incident is related to the case I approach; and it makes clear, monsieur, why the courts of France, for example, permit every variety of explanation in a criminal trial, while your country and the great English nation limit explanations. "You do not permit hearsay evidence to save a man's life; with a fine distinction you permit it to save only his character!" "The rule," replied the American justice, "everywhere among English-speaking people is that the best evidence of which the subject is capable shall be produced. We permit a witness to testify only to what he actually knows. That is the rule. It is true there are exceptions to it. In some instances he may testify as to what he has heard." "Ah, yes," replied the Count; "you will not permit such evidence to take away a man's horse, but you will permit it to take away a woman's reputation! I shall never be able to understand these delicate refinements of the English law!" "But, Count," suggested Sir Henry Marquis, "reputation is precisely that what the neighborhood says about one." "Pardon, monsieur," returned the Count. "I do not criticize your customs. They are doubtless excellent in every variety of way. I deplore only my inability to comprehend them. For example, monsieur, why should you hold a citizen responsible in all other cases only for what he does, but in the case of his own character turn about and try him for what people say he does? "Thus, monsieur, as I understand it, the men of an English village could not take away my pig by merely proving that everybody said it was stolen; but they