other
established by circumstantial evidence
law, and cannot now be departed from
presume to explain its wisdom
Chief- Justice Johnson has observed,
leading case,
its probable foundation
idea that where direct proof is absent
both the fact
death and of criminal violence capable of producing death, no evidence can rise
degree of moral certainty
individual is dead by criminal intervention, or even lead by direct inference
result;
, where the fact of death
certainly ascertained, all inculpatory circumstantial evidence wants the key necessary for its satisfactory interpretation, and
depended on
more than probable results
It
, also, that such
rule has some reference
dangerous possibility that
general preconception of guilt, or
general excitement of popular feeling, may creep in to supply the place of evidence, if, upon
direct proof of death or
cause of death,
jury are permitted to pronounce
prisoner guilty

"In
the body
found and
no direct proof of criminal agency
prisoner, although the chain of circumstantial evidence is complete and irresistible
highest degree
Nevertheless,
all circumstantial evidence, and under the laws of New York the prisoner
punished
no right of discretion
The law
permit
conviction in
, although
of us
morally certain
prisoner's guilt
, therefore, gentlemen
jury, compelled to direct you
the prisoner not guilty
"
"Judge," interrupted the foreman, jumping up
box, "
find that verdict under our oath;
man is guilty
"
"Sir," said the judge, "
matter of law
wishes
jury
considered
The clerk will write
verdict of not guilty, which you, as foreman, will sign
"
The spectators broke out into
threatening murmur that began to grow and gather volume
The judge rapped
desk and ordered the bailiffs promptly to suppress any demonstration
audience
Then he directed the foreman to sign the verdict prepared
clerk
he turned to Victor Ancona; his face was hard and
cold glitter
eyes

"Prisoner
bar,"
, "
put to trial before this tribunal on
charge of cold-blooded and atrocious murder
The evidence produced against you was
powerful and overwhelming character
seems
left
minds
jury, nor indeed
mind of any person present
court room

"Had the question of your guilt been submitted
twelve arbiters,
conviction would certainly have resulted
death penalty
imposed
But the law, rigid, passionless, even-eyed, has thrust in between you
wrath of your fellows and saved you
cry out against the impotency
law;
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
fingers
law
no word of censure or admonition
, Victor Ancona
The law of New York compels me to acquit you
only its mouthpiece, with my individual wishes throttled
I speak only those things which the law directs
speak

"
now at liberty to leave this court room, not guiltless
crime of murder, perhaps, but
rid
punishment
The eyes of men may see Cain's mark
brow, but the eyes
Law are blind
"
audience fully realized what the judge had said they were amazed and silent
They knew
as men could know, that Victor Ancona was guilty of murder, and yet
now going
court room free
Could it happen
law protected only against the blundering rogue ? They had heard always
boasted completeness
law which magistrates
immemorial had labored to perfect, and now
skillful villain sought to evade it, they saw how weak
thing

V
The wedding march of Lohengrin floated out
Episcopal Church of St
Mark, clear and sweet, and perhaps heavy with its paradox of warning
The theater
coming contract before high heaven was
wilderness of roses worth the taxes of
county
The high caste of Manhattan,
grace
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
deft hand of many
weaver, sat Mrs Miriam Steuvisant as imperious and self-complacent as
queen
To her
all
kind of triumphal procession, proclaiming her ability as
general
With her were
choice few
genus homo, which obtains
five-o'clock teas, instituted, say the sages,
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
vice,
, Reggie
"
"Aye, Empress," put
others, "a purist taken
net
The clean-skirted one
altar
Vive la vertu ! "
Samuel Walcott, still sunburned
cruise, stood
chancel
only daughter
blue blooded St
Clairs
His face was clear and honest
voice firm
life and not romance
The lid
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
ground
The sunlight of high noon streamed down
window panes like
benediction

Back
pew of Mrs Miriam Steuvisant, Reggie Du Puyster turned down his thumb
"Habet ! "

From "The Strange Schemes of Randolph Mason," by Melville Davisson Post
Copyright, 1896, by G
P
Putnam's Sons
