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 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 Börne says, in the

condition of a man who must unceasingly polish lights.[269]

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 naïve 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 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,[270] in which the huckster-woman asserted that

she immediately suspected a customer of passing counterfeit coins

because she did not bargain.

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.[271]

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.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 40 / 79 章