by Melville Davisson Post

The high ground field of crime explored; it even been entered The book stalls filled to weariness with tales based upon plans whereby the DETECTIVE, or FERRETING power State baffled But, prodigious marvel ! no writer has attempted to construct tales based upon plans whereby the PUNISHING power State baffled

The distinction, if one pauses for moment to consider it, is striking possible, even easy, deliberately crimes so criminal agent criminal agency detected possible and execute wrongs that all the effect and all the resulting profit of desperate crimes and yet not be crimes law ?

prone to forget law is no perfect structure, simply the result of human labor and human genius, whatever laws human ingenuity can create protection of men, those same laws human ingenuity can evade The Spirit of Evil is no dwarf; he has developed equally Spirit of Good

All wrongs crimes Indeed only those wrongs are crimes certain technical elements are present The law provides Procrustean standard for all crimes Thus wrong, criminal, must fit exactly measure laid down law, else no crime; varies never so little legal measure, the law must, and will, refuse to regard it as criminal, no matter how injurious wrong it no measure of morality, or equity, or common right applied individual case The gauge law is iron-bound The wrong measured gauge is either crime or no middle ground

Hence , that if one knows well the technicalities law, one may commit horrible wrongs yield all the gain and all the resulting effect highest crimes, and yet the wrongs perpetrated will constitute no crimes described law Thus the highest crimes, even murder, committed manner that although the criminal is known law holds him in custody, yet it cannot punish him So it happens that year Lord nineteenth century, the skillful attorney marvels stupidity rogue who, committing crimes ordinary methods, subjects himself to unnecessary peril, result which he seeks can easily be attained by other methods, equally expeditious and without danger of liability in any criminal tribunal field into which the author has ventured, and he believes it new and full of interest

It objected writer has prepared here text-book shrewd knave answered that, if he instructs the enemies, he also warns the friends of law and order; Evil has never yet been stronger because the sun shone

[See Lord Hale's Rule, Russell on Crimes 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, possible exception of few Western States, where the decisions are muddy ]

The Corpus Delicti

by Melville Davisson Post

I

"That man Mason," said Samuel Walcott, " mysterious member club more than that; he mysterious man of New York "

" much surprised him," answered his companion, Marshall St Clair, great law firm of Seward, St Clair & De Muth "I had lost track of him since he went to Paris as counsel American stockholders Canal Company When did he come back States ? "

"He turned up suddenly ancient haunts about four ," said Walcott, "as grand, gloomy, and peculiar as Napoleon ever was palmiest days The younger members club call him 'Zanona Redivivus ' He wanders house usually late at night, apparently without noticing anything or anybody His mind 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 habit of doing some unexpected thing, and doing it marvelously original manner that men experts at it look on in wonder, cannot fail him an object of interest

"He has never been known to play at any game whatever, and yet one night he sat down chess table with old Admiral Du Brey the Admiral great champion since he beat the French and English officers tournament last winter Well, you also know conventional openings at chess are scientifically and accurately determined utter disgust of Du Brey, Mason opened the game with an unheard-of attack extremes board The old Admiral stopped and, in kindly patronizing way, pointed out the weak and absurd folly move and asked him again with some safe openings Mason smiled and answered that if one had head that trust use it; , then it part of wisdom blindly the dead forms of some man who had head Du Brey was naturally angry and set himself to demolish Mason as quickly as possible The game was rapid for Mason lost piece after piece His opening was broken and destroyed and its utter folly apparent lookers-on The Admiral smiled game seemed all one- sided, when, suddenly, utter horror, Du Brey found that his king was in trap The foolish opening only piece of shrewd strategy The old Admiral fought and cursed and sacrificed his pieces, but of no use 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 beaten, sir ? They had never seen you'; and thereupon he turned and left the room , St Clair, such strange man would soon become an object of all kinds of mysterious rumors Some are true and some At any rate, that Mason is an unusual man with gigantic intellect Of late he seems taken strange fancy , I the only member club that talk with, and I confess that he startles and fascinates me an original genius, St Clair, of an unusual order "

"I recall vividly," said the younger man, "that before Mason went to Paris considered greatest lawyers city and feared and hated bar at large here, I believe, from Virginia and began high-grade criminal practice He soon became famous powerful and ingenious defenses holes law through which his clients escaped, holes that profession at large suspected to exist, frequently astonished the judges His ability caught the attention great corporations They tested him and found in him learning and unlimited resources He pointed out methods evade obnoxious statutes, comply apparent letter law and yet violate its spirit, and advised them well most important of all things, just how far bend the law without breaking it he left for Paris he had vast clientage and was midst of brilliant career The day passage from New York, the bar lost sight of him No matter how great man , the wave soon closes over him in city like this In few years Mason was forgotten Now only the older practitioners would recall him, and with hatred and bitterness tireless, savage, uncompromising fighter, always recluse "

"Well," said Walcott, "he reminds me of great world-weary cynic, transplanted from some ancient mysterious empire When I come man's presence instinctively the grip intellect I tell you, St Clair, Randolph Mason mysterious man of New York "

moment messenger boy came room and handed Mr Walcott telegram "St Clair," said that gentleman, rising, "the directors Elevated are in session, and hurry " The two men put on their coats and left the house