The Corpus Delicti by Melville D. Post
Section [1 | 2 | 3 | 4 | 5 | 6 | 7]
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 arule has some reference to_the dangerous possibility that ageneral preconception of guilt, or ageneral excitement of popular feeling, may creep in to supply the place of evidence, if, upon other_than direct proof of death or acause of death, ajury are permitted to pronounce aprisoner 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 amatter of law in_which_the wishes of_the jury cannot_be considered .The clerk will write averdict 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 acold glitter in_his eyes .

"Prisoner at_the bar," he_said, " you_have_been put to trial before this tribunal on acharge 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 athing 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 awilderness of roses worth the taxes of acounty .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 aweaver, sat Mrs Miriam Steuvisant as imperious and self-complacent as aqueen .To her it_was all akind of triumphal procession, proclaiming her ability as ageneral .With her were achoice 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 avice, 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 abenediction .

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 .


Section [1 | 2 | 3 | 4 | 5 | 6 | 7]