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.

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