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“There are promising per-spectives in hypnotism and dual personality,” said Dr. Cyrus Pym dreamily; “the science of criminology is in its infancy, and–”

“Infancy!” cried Moon, jerking his red pencil in the air with a gesture of enlightenment; “why, that explains it!”

“I repeat,” proceeded Inglewood, “that neither Dr. Pym nor any one else can account on any other theory but ours for the Warden’s signature, for the shots missed and the witnesses missing.”

The little Yankee had slipped to his feet with some return of a cock-fighting coolness. “The defence,” he said, “omits a coldly colossal fact. They say we produce none of the actual victims. Wal, here is one victim–England’s celebrated and stricken Warner. I reckon he is pretty well produced. And they suggest that all the outrages were followed by reconciliation. Wal, there’s no flies on England’s Warner; and he isn’t reconciliated much.”

“My learned friend,” said Moon, getting elaborately to his feet, “must remember that the science of shooting Dr. Warner is in its infancy. Dr. Warner would strike the idlest eye as one specially difficult to startle into any recognition of the glory of God. We admit that our client, in this one instance, failed, and that the operation was not successful. But I am empowered to offer, on behalf of my client, a proposal for operating on Dr. Warner again, at his earliest convenience, and without further fees.”

“’Ang it all, Michael,” cried Gould, quite serious for the first time in his life, “you might give us a bit of bally sense for a chinge.”

“What was Dr. Warner talking about just before the first shot?” asked Moon sharply.

“The creature,” said Dr. Warner superciliously, “asked me, with characteristic rationality, whether it was my birthday.”

“And you answered, with characteristic swank,” cried Moon, shooting out a long lean finger, as rigid and arresting as the pistol of Smith, “that you didn’t keep your birthday.”

“Something like that,” assented the doctor.

“Then,” continued Moon, “he asked you why not, and you said it was because you didn’t see that birth was anything to rejoice over. Agreed? Now is there any one who doubts that our tale is true?”

There was a cold crash of stillness in the room; and Moon said, “Pax populi vox Dei; it is the silence of the people that is the voice of God. Or in Dr. Pym’s more civilized language, it is up to him to open the next charge. On this we claim an acquittal.”

It was about an hour later. Dr. Cyrus Pym had remained for an unprecedented time with his eyes closed and his thumb and finger in the air. It almost seemed as if he had been “struck so,” as the nurses say; and in the deathly silence Michael Moon felt forced to relieve the strain with some remark. For the last half-hour or so the eminent criminologist had been explaining that science took the same view of offences against property as id did of offences against life. “Most murder,” he had said, “is a variation of homicidal mania, and in the same way most theft is a version of kleptomania. I cannot entertain any doubt that my learned friends opposite adequately con-ceive how this must involve a scheme of punishment more tol’rant and humane than the cruel methods of ancient codes. They will doubtless exhibit consciousness of a chasm so eminently yawning, so thought-arresting, so–” It was here that he paused and indulged in the delicate gesture to which allusion has been made; and Michael could bear it no longer.

“Yes, yes,” he said impatiently, “we admit the chasm. The old cruel codes accuse a man of theft and send him to prison for ten years. The tolerant and humane ticket accuses him of nothing and sends him to prison for ever. We pass the chasm.”

It was characteristic of the eminent Pym, in one of his trances of verbal fastidiousness, that he went on, unconscious not only of his opponent’s interruption, but even of his own pause.

“So stock-improving,” continued Dr. Cyrus Pym, “so fraught with real high hopes of the future. Science therefore regards thieves, in the abstract, just as it regards murderers. It regards them not as sinners to be punished for an arbitrary period, but as patients to be detained and cared for,” (his first two digits closed again as he hesitated)–“in short, for the required period. But there is something special in the case we investigate here. Kleptomania commonly con-joins itself–”

“I beg pardon,” said Michael; “I did not ask just now because, to tell the truth, I really though Dr. Pym, though seemingly vertical, was enjoying well-earned slumber, with a pinch in his fingers of scentless and delicate dust. But now that things are moving a little more, there is something I should really like to know. I have hung on Dr. Pym’s lips, of course, with an interest that it were weak to call rapture, but I have so far been unable to form any conjecture about what the accused, in the present instance, is supposed to have been and gone and done.”

“If Mr. Moon will have patience,” said Pym with dignity, “he will find that this was the very point to which my exposition was di-rected. Kleptomania, I say, exhibits itself as a kind of physical attraction to certain defined materials; and it has been held (by no less a man than Harris) that this is the ultimate explanation of the strict specialism and vurry narrow professional outlook of most criminals. One will have an irresistible physical impulsion towards pearl sleeve-links, while he passes over the most elegant and celebrated diamond sleeve-links, placed about in the most conspicuous locations. Another will impede his flight with no less than forty-seven buttoned boots, while elastic-sided boots leave him cold, and even sarcastic. The specialism of the criminal, I repeat, is a mark rather of insanity than of any brightness of business habits; but there is one kind of depredator to whom this principle is at first sight hard to apply. I allude to our fellow-citizen the housebreaker.

“It has been maintained by some of our boldest young truth-seekers, that the eye of a burglar beyond the back-garden wall could hardly be caught and hypnotized by a fork that is insulated in a locked box under the butler’s bed. They have thrown down the gauntlet to American science on this point. They declare that diamond links are not left about in conspicuous locations in the haunts of the lower classes, as they were in the great test experiment of Calypso College. We hope this experiment here will be an answer to that young ringing challenge, and will bring the burglar once more into line and union with his fellow criminals.”

Moon, whose face had gone through every phase of black bewilderment for five minutes past, suddenly lifted his hand and struck the table in explosive enlightenment.

“Oh, I see!” he cried; “you mean that Smith is a burglar.”

“I thought I made it quite ad’quately lucid,” said Mr. Pym, folding up his eyelids. It was typical of this topsy-turvy private trial that all the eloquent extras, all the rhetoric or digression on either side, was exasperating and unintelligible to the other. Moon could not make head or tail of the solemnity of a new civilization. Pym could not make head or tail of the gaiety of an old one.

“All the cases in which Smith has figured as an expropriator,” continued the American doctor, “are cases of burglary. Pursuing the same course as in the previous case, we select the indubitable instance from the rest, and we take the most correct cast-iron evidence. I will now call on my colleague, Mr. Gould, to read a letter we have received from the earnest, unspotted Canon of Durham, Canon Hawkins.”

Mr. Moses Gould leapt up with his usual alacrity to read the letter from the earnest and unspotted Hawkins. Moses Gould could imitate a farmyard well, Sir Henry Irving not so well, Marie Lloyd to a point of excellence, and the new motor horns in a manner that put him upon the platform of great artists. But his imitation of a Canon of Durham was not convincing; indeed, the sense of the letter was so much obscured by the extraordinary leaps and gasps of his pronunciation that it is perhaps better to print it here as Moon read it when, a little later, it was handed across the table.

“Dear Sir,–I can scarcely feel surprise that the incident you mention, private as it was, should have filtered through our omnivorous journals to the mere populace; for the position I have since attained makes me, I conceive, a public character, and this was certainly the most extraordinary incident in a not uneventful and perhaps not an unimportant career. I am by no means without experience in scenes of civil tumult. I have faced many a political crisis in the old Primrose League days at Herne Bay, and, before I broke with the wilder set, have spent many a night at the Christian Social Union. But this other experience was quite inconceivable. I can only describe it as the letting loose of a place which it is not for me, as a clergyman, to mention.

“It occurred in the days when I was, for a short period, a curate at Hoxton; and the other curate, then my colleague, induced me to attend a meeting which he described, I must say profanely described, as calculated to promote the kingdom of God. I found, on the contrary, that it consisted entirely of men in corduroys and greasy clothes whose manners were coarse and their opinions extreme.