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Page 39
The American felt that this question was directed primarily to
himself. He put down his cigar and indicated the Englishman by a
gesture.
"Your great jurist, Sir James Stephen," he began, "constantly
reminds us that the criminal law is a machine so rough and
dangerous that we can use it only with every safety device
attached.
"And so, Count," he continued, to the Italian, "the
administration of the criminal law in our country may seem to you
subject to delays and indirections that are not justified. These
abuses could be generally corrected by an intelligent presiding
judge; but, in part, they are incidental to a fair and full
investigation of the charge against the prisoner. I think,
however, that our conception of justice does not differ from that
of other nations."
The old Count shrugged his shoulders at the digression.
"I beg your pardon," he said. "I do not refer to the mere
administration of the criminal law in your country; though,
monsieur, we have been interested in observing its peculiarities
in such notable examples as the Thaw trials in New York, and the
Anarchist cases in Chicago some years ago. I believe the judge
in the latter trial gave about one hundred instructions on the
subject of reasonable doubt - quite intelligible, I dare say, to
an American jury; but, I must confess, somewhat beyond me in
their metaphysical refinements.
"I should understand reasonable doubt if I were uninstructed, but
I do not think I could explain it. I should be, concerning it,
somewhat as Saint Augustine was with a certain doctrine of the
Church when he said: `I do not know if you ask me; but if you do
not ask me I know very well.'"
He paused and blew a tiny ring or smoke out over the terrace
toward the sea.
"There was a certain poetic justice finally in that case," he
added.
"The prisoners were properly convicted of the Haymarket murders,"
said the American Justice.
"Ah, no doubt," returned the Count; "but I was not thinking of
that. Following a custom of your courts, I believe, the judge at
the end of the trial 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.
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