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The point is so small； and as a rule； the property owner makes no objections； but it must be granted that he has the right to do so。 Then their tendency to steal； in the country； bits of ground and boundaries is well known。 Most of the boundary cases we have； involved the activity of some woman。
Even in their own homes women do not conceive property too
rigidly。 They appropriate pen； paper； pencils； clothes； etc。； without having any idea of replacing what they have taken away。 This may be confirmed by anybody whose desk is not habitually sacrosanct； and he will agree that it is not slovenliness； but defective sense of property that causes women to do this； for even the most consummate housekeepers do so。 This defective property…sense is most clearly shown in the notorious fact that women cheat at cards。 According to Lombroso； an educated； much experienced woman told him in confidence that it is difficult for her sex not to cheat at cards。 Croupiers in gambling halls know things much worse。 They say that they must watch women much more than men because they are not only more frequent cheaters； but more expert。 Even at croquet and lawn…tennis girls are unspeakably smart about cheating if they can thereby put their masculine opponents impudently at a disadvantage。
We find many women among swindlers； gamblers； and counterfeiters； and moreover； we have the evidence of experienced housewives； that the cleverest and most useful servants are frequently thievish。 What is instructive in all these facts is the indefiniteness of the boundary between honesty and dishonesty； even in the most petty cases。 The defect in the sense of property with regard to little things explains how many a woman became a criminal the road she wandered on grew； step by step； more extended。 There being no definite boundary； it was inevitable that women should go very far； and when the educated woman does nothing more than to steal a pencil from her husband and to cheat at whist； her sole fortune is that she does not get opportunities or needs for more serious mistakes。 The uneducated； poverty…stricken woman has； however； both opportunity and need； and crime becomes very easy to her。 Our life is rich in experiment and our will too weak not to fail under the exigencies of existence； if； at the outset； a slightest deviation from the straight and narrow road is not avoided。 If the justice is in doubt whether a woman has committed a great crime against property； his study will concern； not the deed； but the time when the woman was in different circumstances and had no other opportunity to do wrong than mere nibbling at and otherwise foolish abstractions from other people's property。 If this inclination can be proved； then there is justification for at least suspecting her of the greater crime。
The relation of women to such devilment becomes more instructive when it has to be discovered through woman witnesses。 As a rule； there is no justification for the assumption that people are inclined to excuse whatever they find themselves guilty of。 On the contrary； we are inclined to punish others most harshly where we ourselves are most guilty。 And there is still another side to the matter。 When an honest； well…conducted woman commits petty crimes； she does not consider them as crimes； she is unaware of their immorality； and it would be illogical for her to see as a crime in others that which she does not recognize as a crime in herself。 It is for this reason that she tends to excuse her neighbor's derelictions。 Now； when we try to find out from feminine witnesses facts concerning the objects on which we properly lay stress； they do not answer and cause us to make mistakes。 What woman thinks is mere ‘‘sweet… tooth'' in her servant girl； is larceny in criminal law； what she calls ‘‘pin…money；'' we call deceit； or violation of trust； for the man whom the woman calls ‘‘the dragon；'' we find in many cases quite different terms。 And this feminine attitude is not Christian charity； but ignorance of the law； and with this ignorance we have to count when we examine witnesses。 Of course； not only concerning some theft by a servant girl； but always when we are trying to understand some human weakness。
From honesty to loyalty is but a step。 Often these traits lie side by side or overlap each other。 Now； the criminal justice has； more frequently than appears； to deal with feminine loyalty。 Problems of adultery are generally of subordinate significance only； but this loyalty or disloyalty often plays the most important rle in trials of all conceivable crimes； and the whole problem of evidence takes a different form according to the assumption that this loyalty does； or does not； exist。 Whether it is the murder of a husband； doubtful suicide； physical mutilation； theft； perversion of trust； arson； the case takes a different form if feminine disloyalty can be proved。 The rare reference to this important premise in the presentation of evidence is due to the fact that we are ignorant of its significance； that its determinative factors are hidden； and finally that its presentation is as a rule difficult。
Public opinion on feminine loyalty is not flattering。 Diderot asserts that there is no loyal woman who has not ceased being so； at least； in her imagination。 Of course this does not mean much； for all of us have ideally committed many sins； but if Diderot is right； one may assume a feminine inclination to disloyalty。 Most responsible for this is； of course； the purely sexual character of woman； but we must not do her the injustice； and ourselves the harm； of supposing that this character is the sole regulative principle； the illimitable feminine need for change is also responsible to a great degree。 I doubt whether it could be proved in any collection of cases worth naming that a woman grew disloyal although her sexual needs were small； but that her sex does so is certain； and thence we must seek other reasons for their disloyalty。 The love of change is fundamental and may be observed in recorded criminal cases。 ‘‘Even educated women；'' says Goltz；＇1＇ ‘‘can not bear continuous and uniform good fortune； and feel an inconceivable impulse to devilment and foolishness in order to get some variety in life。'' Now it will be much easier for the judge to determine whether the woman in the case had at the critical time an especial inclination to this ‘‘devilment；'' than to discover whether her own husband was sexually insufficient； or whatever similar secrets might be involved。
If woman； however； once has the impulse to seek variety； and the harmless and permissible changes she may provide herself are no longer sufficient or are lacking； the movement of her daily life takes a questionable direction。 Then there is a certain tendency to deceit which is able to bring its particular consequences to bear。 A woman has married； let us say； for love； or for money； for spite； to please her parents； etc。； etc。 Now come moments in her life in which she reflects concerning ‘‘her'' reason for marriage； and the cause of these moments will almost always be her husband； i。 e。； he may have been ill…mannered； have demanded too much； have refused something； have neglected her； etc。