The Corpus Delicti by Melville D. Post
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that a clear, complete chain of concatenated circumstances can_be in error . hence it_is that_the greatest jurists have declared that such evidence, being rarely liable to delusion or fraud, is safest and most powerful . the machinery of human justice cannot guard against the remote and improbable doubt . the inference is persistent in_the affairs of men . it_is_the only means by_which the human mind reaches the truth . if_you forbid the jury to exercise it, you bid them work after first striking off their hands . rule out the irresistible inference, and_the end of justice is come in_this land; and you_may as_well leave the spider to weave his web through_the abandoned court room ."

the attorney stopped, looked down at mason with a pompous sneer, and retired to_his place at_the table . the judge sat thoughtful and motionless . the jurymen leaned forward in their seats .

" if your honor please," said mason, rising, " this_is a matter of law, plain, clear, and so_well settled in_the state of New_York that even counsel for_the people should know it . the question before_your honor is simple . if_the corpus delicti, the body of_the crime, has_been proven, as required by_the laws of_the commonwealth, then this_case should go to_the jury . if_not, then it_is_the duty of_this court to direct the jury to_find the prisoner not guilty . there_is here no room for judicial discretion . your honor has but to recall and apply the rigid rule announced by our courts prescribing distinctly how the corpus delicti in murder must_be proven .

" the prisoner here stands charged with_the highest crime . the law demands, first, that_the crime, as a fact, be established . the fact that_the victim is indeed dead must first be made certain before anyone can_be convicted for her killing, because, so_long as there remains the remotest doubt as_to_the death, there can_be no certainty as_to_the criminal agent, although the circumstantial evidence indicating the guilt of_the accused may_be positive, complete, and utterly irresistible . in murder, the corpus delicti, or body of_the crime, is composed of two elements:

" death, as_a_result .

" the criminal agency of another as_the means .

it_is_the fixed and immutable law of_this state, laid down in_the leading case of Ruloff v . the people, and binding upon_this court, that both components of_the corpus delicti shall_not_be established by circumstantial evidence . there_must_be direct proof of one or the other of_these two component elements of_the corpus delicti . if one is proven by direct evidence, the other may_be presumed; but both shall_not_be presumed from circumstances, no matter how powerful, how cogent, or how completely overwhelming the circumstances may_be . in other words, no man can_be convicted of murder in_the state of New_York, unless the body of_the victim be found and identified, or there be direct proof that_the prisoner did some act adequate to_produce death, and did it in_such_a_manner as_to account for_the disappearance of_the body ."

the face of_the judge cleared and grew hard . the members of_the bar were attentive and alert; they were beginning to_see the legal escape open up . the audience were puzzled; they_did_not yet understand . mason turned to_the counsel for_the people . his ugly face was bitter with contempt .

" for three days," he_said," I_have_been tortured by_this useless and expensive farce . if counsel for_the people had_been other_than play-actors, they_would_have known in_the beginning that victor Ancona could_not_be convicted for murder, unless he were confronted in_this court room with aliving witness, who had looked into_the dead face of Nina San Croix; or, if_not that, aliving witness who had seen him drive the dagger into her bosom .

"I care not if_the circumstantial evidence in this_case were so strong and irresistible as to_be overpowering; if_the judge on_the bench, if_the jury, if every man within sound of_my voice, were convinced of_the guilt of_the prisoner to_the degree of certainty that_is absolute; if_the circumstantial evidence left in_the mind no shadow of_the remotest improbable doubt; yet, in_the absence of_the eyewitness, this prisoner cannot_be punished, and this court must compel the jury to acquit him ."

the audience now understood, and_they were dumfounded . surely this_was not the law . they had_been taught that_the law was common sense, and this,-- this_was anything else .

mason saw it all, and grinned ." in its tenderness," he sneered, " the law shields the innocent . the good law of New_York reaches out its hand and lifts the prisoner out_of_the clutches of_the fierce jury that_would hang him ."

mason sat down . the room was silent . the jurymen looked at each_other in amazement . the counsel for_the people arose . his face was white with anger, and incredulous .

" your honor," he_said, " this doctrine is monstrous . can it be said that, in_order to evade punishment, the murderer has only to hide or destroy the body of_the victim, or sink it into_the sea ? then, if he_is_not seen to kill, the law is powerless and_the murderer can snap his finger in_the face of retributive justice . if this_is_the law, then the law for_the highest crime is a dead letter . the great commonwealth winks at murder and invites every man to kill his enemy, provided he kill him in secret and hide him .I repeat, your honor,"-- the man's voice was now loud and angry and rang through_the court room--" that_this doctrine is monstrous ! "

" so said best, and story, and many another," muttered mason, " and_the law remained ."

" the court," said the judge, abruptly, " desires no further argument ."

the counsel for_the people resumed his seat . his face lighted up with triumph . the court was going to sustain him .

the judge turned and looked down at_the jury . he_was grave, and spoke with deliberate emphasis .

" gentlemen of_the jury," he_said, " the rule of lord hale obtains in_this state and_is binding upon me . it_is_the law as stated by counsel for_the prisoner: that to warrant conviction of murder there_must_be direct proof either of_the death, as of_the finding and identification of_the corpse, or of criminal violence adequate to_produce death, and exerted in_such_a_manner as_to account for_the disappearance of_the body; and it_is only when there_is direct proof of_the one that_the other can_be established by circumstantial evidence . this_is_the law, and cannot now be departed from . I_do_not presume to explain its wisdom . chief- justice Johnson has observed, in_the leading case, that_it may_have its probable foundation in_the idea that where direct proof is absent as_to both the fact of_the death and of criminal violence capable of producing death, no evidence can rise to_the degree of moral certainty that_the individual is dead by criminal intervention, or even lead by direct inference to_this result; and_that, where the fact of death is_not certainly ascertained, all inculpatory circumstantial evidence wants the key necessary for its satisfactory interpretation, and cannot_be depended on to_furnish more than probable results . it may_be, also, that such a rule has some reference to_the dangerous possibility that a general preconception of guilt, or a general excitement of popular feeling, may creep in to supply the place of evidence, if, upon other_than direct proof of death or a cause of death, a jury are permitted to pronounce a prisoner guilty .

" in this_case the body has_not_been found and there_is no direct proof of criminal agency on_the_part of_the prisoner, although the chain of circumstantial evidence is complete and irresistible in_the highest degree . nevertheless, it_is all circumstantial evidence, and under the laws of New_York the prisoner cannot_be punished . I_have no right of discretion . the law does_not permit aconviction in this_case, although every_one of us may_be morally certain of_the prisoner's guilt . I_am, therefore, gentlemen of_the jury, compelled to direct you to_find the prisoner not guilty ."

" judge," interrupted the foreman, jumping up in_the box, " we_cannot find that verdict under our oath; we_know that_this man is guilty ."

" sir," said the judge, " this_is a matter of law in_which_the wishes of_the jury cannot_be considered . the clerk will write a verdict of not guilty, which you, as foreman, will sign ."

the spectators broke out into athreatening murmur that began to grow and gather volume . the judge rapped on_his desk and ordered the bailiffs promptly to suppress any demonstration on_the_part of_the audience . then he directed the foreman to sign the verdict prepared by_the clerk . when_this was_done he turned to victor Ancona; his face was hard and there_was a cold glitter in_his eyes .

" prisoner at_the bar," he_said, " you_have_been put to trial before this tribunal on a charge of cold- blooded and atrocious murder . the evidence produced against you was of_such powerful and overwhelming character that_it seems to_have left no_doubt in_the minds of_the jury, nor indeed in_the mind of any person present in_this court room .

" had the question of your guilt been submitted to_these twelve arbiters, aconviction would certainly have resulted and_the death penalty would_have_been imposed . but the law, rigid, passionless, even- eyed, has thrust in between you and_the wrath of your fellows and saved you from_it . I_do_not cry out against the impotency of_the law; it_is perhaps as wise as imperfect humanity could make it .I deplore, rather, the genius of evil men who, by cunning design, are enabled to slip through_the fingers of_this law . I_have no word of censure or admonition for_you, victor Ancona . the law of New_York compels me to acquit you . I_am only its mouthpiece, with my individual wishes throttled .I speak only those things which the law directs I_shall speak .

" you_are now at liberty to leave this court room, not guiltless of_the crime of murder, perhaps, but at_least rid of_its punishment . the eyes of men may see Cain's mark on_your brow, but the eyes of_the law are blind to_it ."

when_the audience fully realized what the judge had said they were amazed and silent . they knew as_well as men could know, that victor Ancona was guilty of murder, and yet he_was now going out_of_the court room free . could it happen that_the law protected only against the blundering rogue ? they had heard always of_the boasted completeness of_the law which magistrates from_time immemorial had labored to perfect, and now when_the skillful villain sought to evade it, they saw how weak a thing it_was .

V

the wedding march of Lohengrin floated out from_the episcopal church of St . mark, clear and sweet, and perhaps heavy with its paradox of warning . the theater of_this coming contract before high heaven was a wilderness of roses worth the taxes of a county . the high caste of Manhattan, by_the grace of_the check book, were present, clothed in Parisian purple and fine linen, cunningly and marvelously wrought .

over in her private pew, ablaze with jewels, and decked with fabrics from_the deft hand of many a weaver, sat Mrs Miriam Steuvisant as imperious and self- complacent as a queen . to her it_was all a kind of triumphal procession, proclaiming her ability as a general . with her were a choice few of_the genus homo, which obtains at_the five-o'clock teas, instituted, say the sages, for_the_purpose of sprinkling the holy water of Lethe .

"Czarina," whispered Reggie Du Puyster, leaning forward, "I salute you . the ceremony sub jugum is superb ."

"Walcott is an excellent fellow," answered Mrs Steuvisant; " not a vice, you_know, Reggie ."

"Aye, empress," put in_the others, "a purist taken in_the net . the clean- skirted one has_come to_the altar .Vive la vertu ! "

Samuel Walcott, still sunburned from_his cruise, stood before_the chancel with_the only daughter of_the blue blooded St .Clairs . his face was clear and honest and_his voice firm . this_was life and not romance . the lid of_the sepulcher had closed and he had slipped from under it . and now, and ever after, the hand red with murder was clean as any .

the minister raised his voice, proclaiming the holy Union before god, and this twain, half pure, half foul, now by divine ordinance one flesh, bowed down before it . no blood cried from_the ground . the sunlight of high noon streamed down through_the window panes like a benediction .

back in_the pew of Mrs Miriam Steuvisant, Reggie Du Puyster turned down his thumb ."Habet ! " he_said .

from " the strange Schemes of Randolph mason," by Melville Davisson post . copyright, 1896, by G .P . Putnam's Sons .

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