This is not the place nor is it necessary to discuss the Binet tests themselves. A word, however, may be said as to why the experts for the prosecution did not get the same results with the tests that those of the defense obtained. Also it seems necessary to make a brief explanation, since the prosecuting attorney failed so markedly to understand the tests in spite of the fact that he had had the instruction of one of his own experts who used them. One of the prosecution's experts told the writer that he did not ask Jean any questions except those in the twelve-year list, and he "seemed to do those satisfactorily." There are two sources of error in this. In the first place, Jean's failures were not only in the twelve-year, but in the eleven and ten. Secondly, if Jean seemed to do the twelve-year tests correctly, it could only have been because they were wrongly used. The Binet Scale is not, as the prosecutor insisted on stating, an "arbitrary system." It is not a set of questions to which there are definite and fixed answers that are correct, and from which any deviation is marked a failure. Nor is it a set of questions the answers to which can be judged as to their correctness by the so-called "common sense" of the investigator. To illustrate: Jean was asked to give the definition of the word "charity"; he said, "Charity is giving." The prosecuting attorney insisted that this was a correct answer, because, as he said, "Charity _is_ giving." This is mere sophistry. It is not a question as to whether "charity is giving" is a theoretically correct answer to the question; the important point is, that such an answer is _not the kind of answer that is given by twelve-year-old children_. This has been proved by asking hundreds of twelve-year-old children to define "charity." Practically 75 per cent of such children include not only the idea of giving, but the other necessary idea of giving to some one who is in need. The answer, "Charity is giving," is characteristic not of twelve-year mentality, but of something under that,--ten or less. So throughout the system the scale must not be judged by what seem correct or incorrect answers to the inexperienced adult. The value of an answer can only be known by knowing the character of answers that are given by children of the various ages. The point is not always that this answer is or is not technically correct, but that it is not the kind of answer which a child of the specified age should give. Therefore, it indicates that he is not of that age, but below it. This was the error into which the prosecutor and his alienists had fallen in their use of the tests in the case of Jean Gianini.