The Corpus Delicti by Melville D. Post
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introduction to_the corpus Delicti

by Melville Davisson post

the high ground of_the field of crime has_not_been explored; it has_not even been entered . the book stalls have_been filled to weariness with tales based upon plans whereby the detective, or FERRETING power of_the state might_be baffled . but, prodigious marvel ! no writer has attempted to construct tales based upon plans whereby the PUNISHING power of_the state might_be baffled .

the distinction, if one pauses for a moment to consider it, is striking . it_is possible, even easy, deliberately to_plan crimes so that_the criminal agent and_the criminal agency cannot_be detected . is_it possible to_plan and execute wrongs in_such_a_manner that they_will_have all the effect and all the resulting profit of desperate crimes and yet not be crimes before_the law ?

we_are prone to forget that_the law is no perfect structure, that_it_is simply the result of human labor and human genius, and_that whatever laws human ingenuity can create for_the protection of men, those same laws human ingenuity can evade . the spirit of evil is no dwarf; he has developed equally with_the spirit of good .

all wrongs are_not crimes . indeed only those wrongs are crimes in_which certain technical elements are present . the law provides aProcrustean standard for all crimes . thus a wrong, to_become criminal, must fit exactly into_the measure laid down by_the law, else it_is no crime; if_it varies never so little from_the legal measure, the law must, and will, refuse to regard it as criminal, no matter how injurious a wrong it may_be . there_is no measure of morality, or equity, or common right that_can_be applied to_the individual case . the gauge of_the law is iron- bound . the wrong measured by_this gauge is either a crime or it_is_not . there_is no middle ground .

hence is_it, that if one knows well the technicalities of_the law, one may commit horrible wrongs that_will yield all the gain and all the resulting effect of_the highest crimes, and yet the wrongs perpetrated will constitute no one_of_the crimes described by_the law . thus the highest crimes, even murder, may_be committed in_such manner that although the criminal is known and_the law holds him in custody, yet it cannot punish him . so it happens that in_this year of_our lord of_the nineteenth century, the skillful attorney marvels at_the stupidity of_the rogue who, committing crimes by_the ordinary methods, subjects himself to unnecessary peril, when_the result which he seeks can easily be attained by other methods, equally expeditious and without danger of liability in any criminal tribunal . this_is_the field into which the author has ventured, and he believes it to_be new and full of interest .

it may_be objected that_the writer has prepared here a text- book for_the shrewd knave . to_this it_is answered that, if he instructs the enemies, he also warns the friends of law and order; and_that evil has never yet been stronger because the sun shone on_it .

[ see lord hale's rule, Russell on Crimes . for_the law in New_York see 18th N .Y .Reports, 179; also N .Y .Reports, 49, page 137 . the doctrine there laid down obtains in almost every state, with_the possible exception of a few western States, where the decisions are muddy .]

the corpus Delicti

by Melville Davisson post

I

" that man mason," said Samuel Walcott, " is_the mysterious member of_this club . he_is more than that; he is_the mysterious man of New_York ."

" i_was much surprised to_see him," answered his companion, Marshall St .Clair, of_the great law firm of Seward, St .Clair & De Muth ."I had lost track of him since he went to Paris as counsel for_the American stockholders of_the canal company . when did he come back to_the States ? "

" he turned up suddenly in_his ancient haunts about four months_ago," said Walcott, " as grand, gloomy, and peculiar as napoleon ever was in_his palmiest days . the younger members of_the club call him 'Zanona Redivivus .' he wanders through_the house usually late at night, apparently without noticing anything or anybody . his mind seems_to_be deeply and busily at work, leaving his bodily self to wander as it may happen . naturally, strange stories are told of him; indeed, his individuality and_his habit of doing some unexpected thing, and doing it in_such amarvelously original manner that men who_are experts at it look on in wonder, cannot fail to_make him an object of interest .

" he has never been known to play at any game whatever, and yet one night he sat down to_the chess table with old admiral Du Brey . you_know the admiral is_the great champion since he beat the French and English officers in_the tournament last winter . well, you also know that_the conventional openings at chess are scientifically and accurately determined . to_the utter disgust of Du Brey, mason opened the game with an unheard- of attack from_the extremes of_the board . the old admiral stopped and, in a kindly patronizing way, pointed out the weak and absurd folly of_his move and asked him to_begin again with some one_of_the safe openings . mason smiled and answered that if one had a head that he_could trust he_should use it; if_not, then it was_the part of wisdom to_follow blindly the dead forms of some man who had a head .Du Brey was naturally angry and set himself to demolish mason as quickly as possible . the game was rapid for a few_moments . mason lost piece after piece . his opening was broken and destroyed and its utter folly apparent to_the lookers- on . the admiral smiled and_the game seemed all one- sided, when, suddenly, to_his utter horror, Du Brey found that his king was in a trap . the foolish opening had_been only a piece of shrewd strategy . the old admiral fought and cursed and sacrificed his pieces, but it_was of no use . he_was gone . mason checkmated him in two moves and arose wearily .

"' where in heaven's name, man,' said the old admiral, thunderstruck, ' did you learn that masterpiece ? '

"' just here,' replied mason .' to play chess, one should know his opponent . how could the dead masters lay down rules by_which you_could_be beaten, sir ? they had never seen you'; and thereupon he turned and left the room . of_course, St .Clair, such a strange man would soon become an object of all kinds of mysterious rumors . some are true and some are_not . at any rate, I_know that mason is an unusual man with a gigantic intellect . of late he seems to_have taken a strange fancy to_me . in_fact, I seem_to_be the only member of_the club that he_will talk with, and I confess that he startles and fascinates me . he_is an original genius, St .Clair, of an unusual order ."

"I recall vividly," said the younger man, " that before mason went to Paris he_was considered one_of_the greatest lawyers of_this city and he_was feared and hated by_the bar at large . he_came here, I believe, from Virginia and began with_the high- grade criminal practice . he soon became famous for_his powerful and ingenious defenses . he_found holes in_the law through which his clients escaped, holes that by_the profession at large were_not suspected to exist, and_that frequently astonished the judges . his ability caught the attention of_the great corporations . they tested him and found in him learning and unlimited resources . he pointed out methods by_which they_could evade obnoxious statutes, by_which they_could comply with_the apparent letter of_the law and yet violate its spirit, and advised them well in_that most important of all things, just how far they_could bend the law without breaking it . at_the_time he left for Paris he had a vast clientage and was in_the midst of a brilliant career . the day he_took passage from New_York, the bar lost sight of him . no matter how great a man may_be, the wave soon closes over him in a city like this . in a few years mason was forgotten . now only the older practitioners would recall him, and they_would do_so with hatred and bitterness . he_was a tireless, savage, uncompromising fighter, always a recluse ."

" well," said Walcott, " he reminds me of a great world- weary cynic, transplanted from some ancient mysterious empire . when I come into_the man's presence I_feel instinctively the grip of_his intellect .I tell you, St .Clair, Randolph mason is_the mysterious man of New_York ."

at_this moment a messenger boy came into_the room and handed Mr Walcott a telegram ."St .Clair," said that gentleman, rising, " the directors of_the elevated are in session, and we_must hurry ." the two men put on their coats and left the house .

Samuel Walcott was not a club man after_the manner of_the smart set, and yet he_was in_fact a club man . he_was a bachelor in_the latter thirties, and resided in a great silent house on_the avenue . on_the street he_was a man of substance, shrewd and progressive, backed by great wealth . he had various corporate interests in_the larger syndicates, but the basis and foundation of_his fortune was real estate . his houses on_the avenue were the best possible property, and_his elevator row in_the importers' quarter was indeed a literal gold mine . it_was known that, many years before, his grandfather had died and left him the property, which, at_that_time, was of no great value . young Walcott had gone out into_the gold-fields and had_been lost sight of and forgotten .Ten years afterwards he had turned up suddenly in New_York and taken possession of_his property, then vastly increased in value . his speculations were almost phenomenally successful, and, backed by_the now enormous value of_his real property, he_was soon on a level with_the merchant princes . his judgment was considered sound, and he had the full confidence of_his business associates for safety and caution . fortune heaped up riches around him with a lavish hand . he_was unmarried and_the halo of_his wealth caught the keen eye of_the matron with marriageable daughters . he_was invited out, caught by_the whirl of society, and tossed into its maelstrom . in a measure he reciprocated . he kept horses and a yacht . his dinners at Delmonico's and_the club were above reproach . but with all he_was a silent man with a shadow deep in_his eyes, and seemed to court the society of_his fellows, not because he loved them, but because he either hated or feared solitude . for years the strategy of_the match- maker had gone gracefully afield, but fate is relentless . if she shields the victim from_the traps of men, it_is_not because she wishes him to escape, but because she_is pleased to reserve him for her own trap . so it happened that, when Virginia St .Clair assisted Mrs Miriam Steuvisant at her midwinter reception, this same Samuel Walcott fell deeply and hopelessly and utterly in love, and it_was so apparent to_the beaten generals present, that Mrs Miriam Steuvisant applauded herself, so to_speak, with encore after encore . it_was good to_see this courteous, silent man literally at_the feet of_the young debutante . he_was there of right . even the mothers of marriageable daughters admitted that . the young girl was brown-haired, brown- eyed, and tall enough, said the experts, and of_the blue blood royal, with all the grace, courtesy, and inbred genius of_such princely heritage .

perhaps it_was objected by_the censors of_the smart set that miss St .Clair's frankness and honesty were a trifle old- fashioned, and_that she was a shadowy bit of a Puritan; and perhaps it_was of_these same qualities that Samuel Walcott received his hurt . at any rate the hurt was there and deep, and_the new actor stepped up into_the old time- worn, semi- tragic drama, and began his role with a tireless, utter sincerity that was deadly dangerous if he_lost .

II

perhaps a week after_the conversation between St .Clair and Walcott, Randolph mason stood in_the private waiting- room of_the club with_his hands behind his back .

he_was a man apparently in_the middle forties; tall and reasonably broad across the shoulders; muscular without being either stout or lean . his hair was thin and of a brown color, with erratic streaks of gray . his forehead was broad and high and of a faint reddish color . his eyes were restless inky black, and not over- large . the nose was big and muscular and bowed . the eyebrows were black and heavy, almost bushy . there were heavy furrows, running from_the nose downward and outward to_the corners of_the mouth . the mouth was straight and_the jaw was heavy, and square .

looking at_the face of Randolph mason from above, the expression in repose was crafty and cynical; viewed from below upward, it_was savage and vindictive, almost brutal; while from_the front, if looked squarely in_the face, the stranger was fascinated by_the animation of_the man and at once concluded that his expression was fearless and sneering . he_was evidently of southern extraction and a man of unusual power .

a fire smoldered on_the hearth . it_was a crisp evening in_the early fall, and with_that far- off touch of melancholy which ever heralds the coming winter, even in_the midst of a city . the man's face looked tired and ugly . his long white hands were clasped tight together . his entire figure and face wore every mark of weakness and physical exhaustion; but his

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