The Sleuth of St. James's Square, Melville Davisson Post [learn to read activity book .txt] 📗

word, for it was the word used in the mines before the coal was shot down. The prisoner made his reply in Italian, which the Austrians did not understand.

“It seemed that this man who had made the arrest did not know Italian, for he stopped and asked the one behind him whether the prisoner was his brother. The man replied in the negative.”

The Count paused, as though for an explanation. “What the Apache said was: 'Shall I shoot him here or wait until we reach the ravine?' And the prisoner replied: 'Wait until we come to the ravine.'

“They went on. Presently they reached a sort of hollow, where the reeds grew along the road densely and to the height of a man's head. Here the Italian Apache, the degenerate with the green hat, following some three steps behind, suddenly drew a revolver from his pocket and shot the man twice in the back. It was a weapon carrying a lead bullet as large as the tip of one's little finger. The officer fell. The Apache and the prisoner fled.

“The wounded man got up. He spread out his arms; and he shouted, with a great voice, like the heroes of the Iliad. The two wounds were mortal; they were hideous, ghastly wounds, ripping up the vital organs in the man's body and severing the great arteries. The splendid pagan knew he had received his death wounds; and, true to his atavistic ideal, the ideal of the Greek, the Hebrew and the Roman, the ideal of the great pagan world to which he in spirit belonged, and of which the poets sing, he put his own weapon to his head and blew his brains out.”

The old Count, his chin up, his withered, yellow face vitalized, lifted his hands like one before something elevated and noble. After some moments had passed he continued:

“On the following day the assassin was captured in a neighboring village. Feeling ran so high that it was with difficulty that the officers of the law saved him from being lynched. He was taken about from one prison to another. Finally he was put on trial for murder.

“There was never a clearer case before any tribunal in this world.

“Many witnesses identified the assassin—not merely English-speaking men, who might have been mistaken or prejudiced, but Austrians, Poles, Italians—the men of the mines who knew him; who had heard him cry out the fatal Italian word; who saw him following in the road behind his victim on that Sunday afternoon of summer; who knew his many names and every feature of his cruel, degenerate face. There was no doubt anywhere in the trial. Learned surgeons showed that the two wounds in the dead man's back from the big-calibered weapon were deadly, fatal wounds that no man could have survived.

“There was nothing incomplete in that trial.

“Everything was so certain that the assassin did not even undertake to contradict; not one statement, not one word of the evidence against him did he deny. It was a plain case of willful, deliberate and premeditated murder. The judge presiding at the trial instructed the jury that a man is presumed to intend that which he does; that whoever kills a human being with malice aforethought is guilty of murder; that murder which is perpetrated by any kind of willful, deliberate and premeditated killing is murder in the first degree. The jury found the assassin guilty and the judge sentenced him to be hanged.”

The Count paused and looked at his companions about him on the terrace.

“Messieurs,” he said, “do you think that conviction was just?”

There was a common assent. Some one said: “It was a cruel murder if ever there was one.” And another: “It was wholly just; the creature deserved to hang.”

The old Count bowed, putting out his hands.

“And so I hoped he would.”

“What happened?” said the American.

The Count regarded him with a queer, ironical smile.

“Unlike the great British people, monsieur,” he replied, “your courts have never given the pig, or the pasture on which he gathers his acorns, a consideration above the human family. The case was taken to your Court of Appeals of that province.”

He stopped and lighted his cigarette deliberately, with a match scratched slowly on the table.

“Monsieur,” he said, “I do not criticize your elevated court. It is composed of learned men—wise and patriotic, I have no doubt. They cannot make the laws, monsieur; they cannot coin a conception of justice for your people. They must enforce the precise rules of law that the conception of justice in your country has established.

“Nevertheless, monsieur”—and his thin yellow lips curled—“for the sake of my depleted revenues I could have wished that the decision of this court had been other than it was.”

“And what did it decide?” asked the American.

“It decided, monsieur,” replied the Count, “that my estates in Salerno must continue to be charged with the gratuity to the indigent relative.

“That is to say, monsieur, it decided, because the great pagan did not wait to die in agony, did not wait for the mortal wounds inflicted by the would-be assassin to kill him, that interesting person—the man in the green hat—was not guilty of murder in the first degree and could not be hanged!”

Note—See State versus Angelina; 80 Southeastern Reporter, 141: “The intervening responsible agent who wrongfully accelerates death is guilty of the murder, and not the one who inflicted the first injury, though in itself mortal.”