and hence must be differently understood. The properties assigned to these very pitiful creatures are well-known. Many of the almost exclusively unpleasant peculiarities assigned to them they may be said really to possess. The old maid has failed in her natural function and thus exhibits all that is implied in this accident; bitterness, envy, unpleasantness, hard judgment of others' qualities and deeds, difficulty in forming new relationships, exaggerated fear and prudery, the latter mainly as simulation of innocence. It is a well-known fact that every experienced judge may confirm that old maids (we mean here, always, childless, unmarried women of considerable age-- not maids in the anatomical sense) as witnesses, always bring something new. If you have heard ten mutually-corroborating statements and the eleventh is made by an old maid, it will be different. The latter, according to her nature, has observed differently, introduces a collection of doubts and suggestions, introduces nasty implications into harmless things, and if possible, connects her own self with the matter. This is as significant as explicable. The poor creature has not gotten much good out of life, has never had a male protector, was frequently enough defenseless against scorn and teasing, the amenities of social life and friendship were rarely her portion. It is, therefore, almost inevitable that she should see evil everywhere. If she has observed some quarrel from her window she will testify that the thing was provoked in order to disturb her; if a coachman has run over a child, she suggests that he had been driving at her in order to frighten her; the thief who broke into her neighbor's house really wanted to break into hers because she is <p 330> without protection and therefore open to all attacks, so that it is conceivable that he should want to hurt her. As a rule there will be other witnesses, or the old maid will be so energetic in her testimonies that her ``perceptions'' will not do much damage, but it is always wise to be cautious.

Of course, there are exceptions, and it is well-known that exceptions occur by way of extreme contrast. If an old maid does not possess the unpleasant characteristics of her breed, she is extraordinarily kind and lovable, in such a way generally, that her all too mild and rather blind conceptions of an event make her a dangerous witness. It is also true that old maids frequently are better educated and more civilized than other women, as De Quincey shows. They are so because, without the care of husband and children, they have time for all kinds of excellences, especially when they are inclined thereto. It is notable that the founders of women's charitable societies are generally old maids or childless widows, who have not had the joys and tasks of motherhood. We must take care, therefore, in judging the kindness of a woman, against being blinded by her philanthropic activity. That may be kindness, but as a rule it may have its source in the lack of occupation, and in striving for some form of motherhood. In judging old maids we deceive ourselves still more easily because, as Darwin keenly noted, they always have some masculine quality in their external appearance as well as in their activity and feeling. Now that kind of woman is generally strange to us. We start wrong when we judge her by customary standards and miss the point when, in the cases of such old maids, we presuppose only feminine qualities and overlook the very virile additions. We may add to these qualities the intrinsic productivity of old maids. Benneke, in his Pragmatische Psychologie,'' compares the activity of a very busy housewife with that of an unmarried virgin, and thinks the worth of the former to be higher, while the latter accomplishes more by way of erotic fancies, intrigues, inheritances, winnings in the lottery, and hypochondriac complaints.'' This is very instructive from the criminological point of view. For the criminalist can not be too cautious when he has an old maid to examine. Therefore, when a case occurs containing characteristic intrigues, fanciful inheritances, and winnings in the lottery, it will be well to seek out the old maid behind these things. She may considerably help the explanation.

Both professional and popular judgment agree that the largest majority of women have great fear of becoming old maids. We are <p 331> told how this fear expresses itself in foreign countries. In Spain e. g., it is said that a Spanish woman who has passed her first bloom takes the first available candidate for her hand in order to avoid old-maidenhood; and in Russia every mature girl who is able to do so, goes abroad for a couple of years in order to return as ``widow.'' Everybody knows the event, nobody asks for particulars about it. Some such process is universal, and many an unfortunate marriage and allied crime may be explained by it. Girls who at seventeen or eighteen were very particular and had a right to be, are modest at twenty, and at twenty-six marry at any price, in order not to remain old maids. That this is not love-marriage and is often contrary to intelligence, is clear, and when neither heart nor head rule, the devil laughs, and it is out of such marriages that adultery, the flight of the wife, cruelty, robbery from the spouse, and worse things, arise. Therefore it will be worth while to study the history of the marriage in question. Was it a marriage in the name of God, i. e., the marriage of an old maid? Then double caution must be used in the study of the case.

There is some advantage in knowing the popular conception of *when a girl becomes an old maid, for old-maidenhood is a matter of a point of view; it depends on the opinion of other people. Belles- lettres deals considerably with this question, for it can itself determine the popular attitude to the unmarried state. So Brandes discovers that the heroines of classical novelists, of Racine, Shakespeare, Moliere, Voltaire, Ariosto, Byron, Lesage, Scott, are almost always sixteen years of age. In modern times, women in novels have their great love-adventure in the thirties. How this advance in years took place we need not bother to find out, but that it has occurred, we must keep in mind.

Before concluding the chapter on sexual conditions, we must say a word about hysteria, which so very frequently has deceived the judge. Hysteria was named by the ancients, as is known, from , the womb,--and properly--for most of the causes of evil are there hidden. The hysterics are legally significant in various ways. Their fixed ideas often cause elaborate unreasonable explanations; they want to attract attention, they are always concerned with themselves, are always wildly enthusiastic about somebody else; often they persecute others with unwarranted hatred and they are the source of the coarsest denunciations, particularly with regard to sexual crimes. Incidentally, most of them are smart and have a diseased acuity of the senses. Hearing and smell in <p 332> particular, are sometimes remarkably alert, although not always reliable, for hysterics frequently discover more than is there. On the other hand, they often are useful because of their delicate senses, and it is never necessary to show the correctness of their perception out of hand. Bianchi rightly calls attention to the fact, that hysterics like to write anonymous letters. Writers of these are generally women, and mainly hysterical women; if a man writes them, he is indubitably feminine in nature.

Most difficulties with hysterics occur when they suffer some damage,[1] for they not only add a number of dishonest phenomena, but also actually feel them. I might recall by way of example Domrich's story, that hysterics regularly get cramps laughing, when their feet get cold. If this is true it is easy to conceive what else may happen.

[1] Cf. H. Gross's Archiv. VI, 334.

All this, clearly, is a matter for the court physician, who alone should be the proper authority when a hysteric is before the court. We lawyers have only to know what significant dangers hysterics threaten, and further, that the physician is to be called whenever one of them is before us. Unfortunately there are no specific symptoms of hysteria which the layman can make use of. We must be satisfied with the little that has just been mentioned. Hysteria, I had almost said *fortunately, is nowadays so widespread that everybody has some approximate knowledge of how it affects its victims.

(4) Particular Feminine Qualities.

Section 70. (a) Intelligence.

Feminine intelligence properly deserves a separate section. Intelligence is a function that has in both sexes some basis and purpose and proceeds according to the same rules, but the meaning of intelligence must be abandoned if we are to suppose it so rigid and so difficult to hold, that the age-long differences between man and woman could have had no influence on it. The fundamentally distinct bodies, the very different occupations of both sexes, their different destinies, must have had profound mutative influence on their intelligence. Moreover, we must always start with a difference of attitude in the two sexes, in which the purely positive belongs to one only, and we must see whether it is not intensified by the negative of the other. When one body presses on another the resulting impression is due, not only to the hardness of the first, but <p 333> also to the softness of the second, and when we hear about the extraordinary wit of a woman we must blame the considerable idiocy of the men she associates with. How many women are to be trusted for intelligence, is a question of great importance for the criminalist, inasmuch as right judgment depends on the attitude and good sense of the witnesses, and must determine the value of the material presented us.

We wish to make no detailed sub-divisions in what follows. We shall merely consider in their general aspects those functions which we are accustomed to find in our own work.

Section 71. I. Conception.

Concerning feminine sense-perception we have already spoken. There is no significant difference between the two sexes, although in conceptual power we find differences very distinct.

It may be generally said, as the daily life shows, that women conceive differently from men. Whatever a dozen men may agree on conceptually, will be differently thought of by any one woman. Now what is significant in this fact is, that generally the woman is correct, that she has a better conception,--and still under the same circumstances we continue to conceive in the same way, even for the tenth time. This fact demonstrates that a different form of organization, i. e., an essential difference in nature, determines the character of conception in the two sexes. If we compare values, the result will be different according to sex, even with regard to the very material compared, or to the manner in which it has been discovered. In the apprehension of situations, the perception of attitudes, the judgment of people in certain relations, in all that is called tact, i. e., in all that involves some abstraction or clarification of confused and twisted material, and finally, in all that involves human volitions, women are superior, and more reliable individually, then ten men together. But the manner in which the woman obtains her conception is less valuable, being the manner of pure instinct. Or suppose that we call it more delicate feeling--the name does not matter--the process is mainly unconscious, and is hence of less value only, if I may say so, as requiring less thought. In consequence, there is not only not a decrease in the utility of feminine testimony; also its reliability is very great. There may be hundreds of errors in the dialectical procedure of a man, while there is much more certainty in the instinctive conception and the direct reproduction of a woman. Hence, her statements are more reliable. <p 334>

We need not call the source of this instinct God's restitution for feminine deficiency in other matters; we can show that it is due to natural selection, and that the position and task of woman requires her to observe her environment very closely. This need sharpened the inner sense until it became unconscious conception. Feminine interest in the environment is what gives female intuition a swiftness and certainty unattainable in the meditations of the profoundest philosophers. The swiftness of the intuition, which excludes all reflection, and which merely solves problems, is the important thing. Woman perceives clearly, as Spencer says somewhere, the mental status of her personal environment; while Schopenhauer has incorrectly suggested that women differ from men intellectually because they are lazy and want short-cuts to attain their purpose. In point of fact, they do not want short-cuts--they simply avoid complicated inference and depend upon intuition, as they very safely may. Vision is possible only where perception is possible, i. e., when things are near. The distant and the veiled can not be seen, but must be inferred; hence, women let inference alone and do what they can do better. This suggests the value of these different interpretations of the feminine mode of conception. As lawyers we may believe women where intuition is involved; where inference is a factor we must be very careful. Sensory conception is to be understood in the same way as intellectual conception. According to Mantegazza,[1] woman has a particularly good eye for the delicate aspects of things but has no capacity for seeing things on the horizon. A remote, big object does not much excite her interest. This is explained by the supposed fact that women as a rule can not see so far as men, and are unable to distinguish the distant object so well. This is no explanation because it would be as valid of all short-sighted people. The truth is, that the definition of distant objects requires more or less reason and inference. Woman does not reason and infer, and if things miss her intuition, they do not exist for her.

[1] Mantegazza: Fisiologia del piacere.

Objectivity is another property that women lack. They tend always to think in personalities, and they conceive objects in terms of personal sympathies. Tell a woman about a case so that her interest will be excited without your naming the individuals save as A and B, and it will be impossible to get her to take a stand or to make a judgment. Who are the people, what are they, how old are they, etc.? These questions must be answered first. Hence the divergent feminine conceptions of a case before and after the <p 335> names are discovered. The personalizing tendency results in some extraordinary things. Suppose a woman is describing a brawl between two persons, or two groups. If the sides were equally matched in strength and weapons, and if the witness in question did not know any of the fighters before, she will nevertheless redistribute sun and wind in her description if one of the brawlers happens accidentally to have interested her, or has behaved in a ``knightly'' fashion, though under other circumstances he might have earned only her dislike. In such cases the fairy tale about telling mere facts recurs, and I have to repeat that nobody tells mere facts--that judgment and inference always enter into statements and that women use them more than men. Of course real facts and inferred ones can be distinguished,--infrequently however, and never with certainty. It is best, therefore, to determine whether the witness bears any relation to one of the parties, and what it is. And this relation will be an element in most cases inasmuch as one rarely is present at a quarrel without some share in it. But even if the latter case should occur, it is necessary, first of all, to hear every detail so as to get the woman's attitude clearly in mind. The evidence of the woman's mode of conception is of more importance than the evidence concerning the fact itself. And finding the former is easy enough if the woman is for a short time allowed to speak generally. When her attitude is known, the standard for adjusting her excuses of one and accusations of another, is easily discovered.

The same is true in purely individual cases. In the eyes of woman the same crime committed by one man is black as hell; committed by another, it is in all respects excusable. All that is necessary for this attitude is the play of sympathies and antipathies generated from whatever source. Just as the woman reader of romances favors one hero and hates another, so the woman witness behaves toward her figures. And it may happen that she finds one of them to have murdered with such exciting excellence,'' and the victim to have been such a boresome Philistine,'' that she excuses the crime. Caution is here the most necessary thing. Of course women are not alone in taking such attitudes, but they are never so clear, so typical, nor so determined as when taken by women.

Section 72. 2. Judgment.

Avenarius tells of an English couple who were speaking about angels' wings. It was the man's opinion that this angelic possession was doubtful, the woman's that it could not be. Many a woman <p 336> witness has reminded me of this story, and I have been able to explain by use of it many an event. Woman says, that must be'' when she knows of no reason; that must be'' when her own arguments bore her; that must be'' when she is confused; when she does not understand the evidence of her opponent, and particularly when she desires something. Unfortunately, she hides this attitude under many words, and one often wishes for the simple assertion of the English woman, that must be.'' In consequence, when we want to learn their ratio sciendi from women, we get into difficulties. They offer us a collection of frequently astonishing and important things, but when we ask for the source of this collection we get that must be,'' in variations, from a shrug of the shoulders to a flood of words. The inexperienced judge may be deceived by the positiveness of such expressions and believe that such certainty must be based on something which the witness can not utter through lack of skill. If, now, the judge is going to help the unaided'' witness with of course you mean because,'' or perhaps because,'' etc., the witness, if she is not a fool, will say yes.'' Thus we get apparently well-founded assertions which are really founded on nothing more than that must be.''

Cases dealing with divisions, distinctions and analysis rarely contain ungrounded assertions by women. Women are well able to analyse and explain data, and what one is capable of and understands, one succeeds in justifying. Their difficulty is in synthetic work, in progressive movement, and there they simply assert. The few observations of this characteristic confirm this statement. For example, Lafitte says that at medical examinations women are unable to do anything which requires synthetic power. Women's judgments of men further confirm this position, for they are said to be more impressed with a minimal success, than with a most magnificent effort. Now there is no injustice, no superficiality in this observation; its object is simply parallel to their incapacity for synthesis. Inasmuch as they are able to follow particular things they will understand a single success, but the growth of efficiency toward the future requires composition and wide horizon, hence they can not understand it. Hence, also, the curious contradictions in women's statements as suspicion rises and falls. A woman, who to-day knows of a hundred reasons for the guilt of some much- compromised prisoner, tries to turn everything the other way when she later learns that the prisoner has succeeded in producing some apparent alibi. So again, if the prosecution seems to be successful, <p 337> the women witnesses for the defence often become the most dangerous for the defenders.

But here, also, women find a limit, perhaps because like all weaklings they are afraid to draw the ultimate conclusions. As Leroux says in De l'Humanit<e'>,'' If criminals were left to women they would kill them all in the first burst of anger, and if one waited until this burst had subsided they would release them all.'' The killing points to the easy excitability, the passionateness, and the instinctive sense of justice in women which demands immediate revenge for evil deeds. The liberation points to the fact that women are afraid of every energetic deduction of ultimate consequences, i. e., they have no knowledge of real justice. Men look for reasons, women judge by love; women can love and hate, but they can not be just without loving, nor can they ever learn to value justice.'' So says Schiller, and how frequently do we not hear the woman's question whether the accused's fate is going to depend on her evidence. If we say yes, there is as a rule a restriction of testimony, a titillation and twisting of consequences, and this circumstance must always be remembered. If you want to get truth from a woman you must know the proper time to begin, and what is more important, when to stop. As the old proverb says, and it is one to take to heart: Women are wise when they act unconsciously; fools when they reflect.''

It is a familiar fact that women, committing crimes, go to extremes. It may be correct to adduce, as modern writers do, the weakness of feminine intelligence to social conditions, and it may, perhaps, be for this reason that the future of woman lies in changing the feminine milieu. But also with regard to environment she is an extremist. The most pious woman, as Richelieu says, will not hesitate to kill a troublesome witness. The most complicated crimes are characteristically planned by women, and are frequently swelled with a number of absolutely purposeless criminal deeds.

In this circumstance we sometimes find the explanation for an otherwise unintelligible crime which, perhaps, indicates also, that the first crime was committed by woman. It is as if she has in turpitude a certain pleasure to which she abandons herself as soon as she has passed the limit in her first crime.

Section 73. 3. Quarrels with Women.

This little matter is intended only for very young and inexperienced criminal justices. There is nothing more exciting or instructive than <p 338> a quarrel with clever and trained women concerning worthy subjects; but this does not happen in court, and ninety per cent. of our woman witnesses are not to be quarrelled with. There are two occasions on which a quarrel may arise. The first, when we are trying to show a denying prisoner that her crime has already been proved and that her denials are silly, and the second, when we are trying to show a witness that she must know something although she refuses to know it, or when we want to show her the incorrectness of her conclusion, or when we want to lead her to a point where her testimony can have further value. Now a verbal quarrel will hurt the case. This is a matter of ancient experience, for whoever quarrels with women is, as B<o:>rne says, in the condition of a man who must unceasingly polish lights.[1]

[1] Several sentences are here omitted.

Women have an obstinacy, and it is no easy matter to be passive against it. But in the interest of justice, the part of the wise is not to lose any time by making an exhibition of himself through verbal quarrels with women witnesses. The judge may be thoroughly convinced that his success with the woman may help the case, but such success is very rare, and when he thinks he has it, it is only apparent and momentary, or is merely naive self-deception. For women do like, for the sake of a momentary advantage, to please men and to appear convinced, but the judge for whom a woman does this is in a state that requires consideration.

A few more particulars concerning feminine intelligence. They are, however, only indirectly connected with it, and are as unintelligible as the fact that left-handedness is more frequent and color- blindness less frequent among women than among men. If, however, we are to explain feminine intelligence at all we must do so by conceiving that women's intellectual functioning stops at a definite point and can not pass beyond it.

Consider their attitude toward money. However distasteful Mammon may be in himself, money is so important a factor in life itself that it is not unintelligibly spoken of as the ``majesty of cold cash.'' But to make incorrect use of an important thing is to be unintelligent. Whoever wastes money is not intelligent enough to understand what important pleasures he may provide for himself and whoever hoards it does not know its proper use. Now single women are either hoarders or wasters; they rarely take the middle way and assume the prudence of the housewife, which generally develops into miserliness. This is best observable in the foolish <p 339> bargaining of women at markets, in their supposing that they have done great things by having reduced the price of their purchase a few cents. Every dealer confirms the fact that the first price he quotes a woman is increased in order to give her a chance to bargain. But she does not bargain down to the proper price, she bargains down to a sum above the proper price, and she frequently buys unnecessary, or inferior things, simply because the dealer was smart enough to captivate her by allowing reductions. This is indicated in a certain criminal case,[1] in which the huckster-woman asserted that she immediately suspected a customer of passing counterfeit coins because she did not bargain.

[1] Chronique des Tribunaux, vol II. Bruxelles 1835.

Now this tendency to hoard is not essentially miserliness, for the chief purpose of miserliness is to bring together and to own money; to enjoy merely the look of it. This tendency is an unintelligent attitude toward money, a failure to judge its value and properties. Now this failure is one of the principal reasons for numerous crimes. A woman needing money for her thousand several objects, demands it from her husband, and the latter has to provide it without her asking whether he honestly can or not. A wife is said to be uncurious only with regard to the source of her husband's money. She knows his income, she knows the necessary annual expenses; she can immediately count up the fact that the two are equal--but she calmly asks for more.

Of course, I am not referring to the courageous helpmeet who stands by her husband in bearing the burdens of life. With her the criminalist has nothing to do. I mean only those light-headed, pleasure-loving women, who nowadays make the great majority, and that army of ``lovers,'' who have cost the country a countless number of not unworthy men. The love of women is the key to many a crime, even murder, theft, swindling, and treachery. First, there is the woman's unintelligible arithmetic, then her ceaseless requirements, finally the man's surrender to the limit of his powers; then fresh demands, a long period of opposition, then surrender, and finally one unlawful action. From that it is only a step to a great crime. This is the simple theme of the countless variations that are played in the criminal court. There are proverbs enough to show how thoroughly the public understands this connection between love and money.[2]

[2] Cf. Lombroso and Ferrero, The Female Offender: Tr. by Morrison. N. Y. 1895.

An apparently insignificant feminine quality which is connected with her intelligence is her notorious, ``never quite ready.'' The criminalist meets this when he is looking for an explanation of the failure of some probably extraordinarily intelligent plan of crime. Or when a crime occurs which might have been prevented by a step at the right minute, women are always ten minutes behind the time. But these minutes would not be gained if things were begun ten minutes earlier, and once a woman suffers real damage through tardiness, she resolves to be ten minutes ahead of time. But when she does so she fails in her resolution and this failure is to be explained by lack of intelligence. The little fact that women are never quite on time explains many a difficulty.

Feminine conservatism is as insignificant as feminine punctuality. Lombroso shows how attached women are to old things. Ideas, jewelry, verses, superstitions, and proverbs are better retained by women than by men. Nobody would venture to assert that a conservative man must be less intelligent than a liberal. Yet feminine conservatism indicates a certain stupidity, less excitability and smaller capacity for accepting new impressions. Women have a certain difficulty in assimilating and reconstructing things, and because of this difficulty they do not like to surrender an object after having received it. Hence, it is well not to be too free with the more honorable attributes such as piety, love, loyalty, respect to what they have already learned; closer investigation discovers altogether too many instances of intellectual rigidity.

In our profession we meet the fact frequently that men pass much more easily from honesty to dishonesty, and vice versa, that they more easily change their habits, begin new plans, etc. Generalizations, of course, can not be made; each case has to be studied on its merits. Yet, even when questions of fact arise, e. g., in searching houses, it is well to remember the distinction. Old letters, real corpora delicti, are much more likely to be found in the woman's box than in the man's. The latter has destroyed the thing long ago, but the former may ``out of piety'' have preserved for years even the poison she once used to commit murder with.