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PAGE 6

The Man In The Green Hat
by [?]

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.”