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Page 40
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 could brand me as a liar
by merely proving what the villagers said! It seems incredible
that men should put such value on a pig."
Sir Henry Marquis laughed.
"It is not entirely a question of values, Count."
"I beg you to pardon me, monsieur," the Italian went on.
"Doubtless, on this subject I do nothing more than reveal an
intelligence lamentably inefficient; but I had the idea that
English people were accustomed to regard property of greater
importance than life."
"I have never heard," replied the Englishman, smiling, "that our
courts gave more attention to pigs than to murder."
"Why, yes, monsieur," said the Count - "that is precisely what
they have been accustomed to do. It is only, I believe, within
recent years that one convicted of murder in England could take
an appeal to a higher court; though a controversy over pigs - or,
at any rate, the pasture on which they gathered acorns - could
always be carried up."
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