“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 a living witness, who had looked into the dead face of Nina San Croix; or, if not that, a living 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 a conviction 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 a threatening 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, a conviction 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 o
ut 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.
Ambrose Bierce
An Heiress from Redhorse
CORONADO, June 20th.
I find myself more and more interested in him. It is not, I am sure, his—do you know any noun corresponding to the adjective “handsome”? One does not like to say “beauty” when speaking of a man. He is handsome enough, heaven knows; I should not even care to trust you with him—faithful of all possible wives that you are— when he looks his best, as he always does. Nor do I think the fascination of his manner has much to do with it. You recollect that the charm of art inheres in that which is undefinable, and to you and me, my dear Irene, I fancy there is rather less of that in the branch of art under consideration than to girls in their first season. I fancy I know how my fine gentleman produces many of his effects, and could, perhaps, give him a pointer on heightening them. Nevertheless, his manner is something truly delightful. I suppose what interests me chiefly is the man’s brains. His conversation is the best I have ever heard, and altogether unlike anyone’s else. He seems to know everything, as, indeed, he ought, for he has been everywhere, read everything, seen all there is to see—sometimes I think rather more than is good for him—and had acquaintance with the QUEEREST people. And then his voice—Irene, when I hear it I actually feel as if I ought to have PAID AT THE DOOR, though, of course, it is my own door.
July 3d.
I fear my remarks about Dr. Barritz must have been, being thoughtless, very silly, or you would not have written of him with such levity, not to say disrespect. Believe me, dearest, he has more dignity and seriousness (of the kind, I mean, which is not inconsistent with a manner sometimes playful and always charming) than any of the men that you and I ever met. And young Raynor—you knew Raynor at Monterey—tells me that the men all like him, and that he is treated with something like deference everywhere. There is a mystery, too—something about his connection with the Blavatsky people in Northern India. Raynor either would not or could not tell me the particulars. I infer that Dr. Barritz is thought—don’t you dare to laugh at me—a magician! Could anything be finer than that? An ordinary mystery is not, of course, as good as a scandal, but when it relates to dark and dreadful practices— to the exercise of unearthly powers—could anything be more piquant? It explains, too, the singular influence the man has upon me. It is the undefinable in his art—black art. Seriously, dear, I quite tremble when he looks me full in the eyes with those unfathomable orbs of his, which I have already vainly attempted to describe to you. How dreadful if we have the power to make one fall in love! Do you know if the Blavatsky crowd have that power— outside of Sepoy?
July 1
The strangest thing! Last evening while Auntie was attending one of the hotel hops (I hate them) Dr. Barritz called. It was scandalously late—I actually believe he had talked with Auntie in the ballroom, and learned from her that I was alone. I had been all the evening contriving how to worm out of him the truth about his connection with the Thugs in Sepoy, and all of that black business, but the moment he fixed his eyes on me (for I admitted him, I’m ashamed to say) I was helpless, I trembled, I blushed, I— O Irene, Irene, I love the man beyond expression, and you know how it is yourself!
Fancy! I, an ugly duckling from Redhorse—daughter (they say) of old Calamity Jim—certainly his heiress, with no living relation but an absurd old aunt, who spoils me a thousand and fifty ways— absolutely destitute of everything but a million dollars and a hope in Paris—I daring to love a god like him! My dear, if I had you here, I could tear your hair out with mortification.
I am convinced that he is aware of my feeling, for he stayed but a few moments, said nothing but what another man might have said half as well, and pretending that he had an engagement went away. I learned to-day (a little bird told me—the bell bird) that he went straight to bed. How does that strike you as evidence of exemplary habits?
July 17th.
That little wretch, Raynor, called yesterday, and his babble set me almost wild. He never runs down—that is to say, when he exterminates a score of reputations, more or less, he does not pause between one reputation and the next. (By the way, he inquired about you, and his manifestations of interest in you had, I confess, a good deal of vraisemblance.)
Mr. Raynor observes no game laws; like Death (which he would inflict if slander were fatal) he has all seasons for his own. But I like him, for we knew one another at Redhorse when we were young and true-hearted and barefooted. He was known in those far fair days as “Giggles,” and I—O Irene, can you ever forgive me?—I was called “Gunny.” God knows why; perhaps in allusion to the material of my pinafores; perhaps because the name is in alliteration with “Giggles,” for Gig and I were inseparable playmates, and the miners may have thought it a delicate compliment to recognize some kind of relationship between us.
Later, we took in a third—another of Adversity’s brood, who, like Garrick between Tragedy and Comedy, had a chronic inability to adjudicate the rival claims (to himself) of Frost and Famine. Between him and the grave there was seldom anything more than a single suspender and the hope of a meal which would at the same time support life and make it insupportable. He literally picked up a precarious living for himself and an aged mother by “chloriding the dumps,” that is to say, the miners permitted him to search the heaps of waste rock for such pieces of “pay ore” as had been overlooked; and these he sacked up and sold at the Syndicate Mill. He became a member of our firm—“Gunny, Giggles, and Dumps,” thenceforth—through my favor; for I could not then, nor can I now, be indifferent to his courage and prowess in defending against Giggles the immemorial right of his sex to insult a strange and unprotected female—myself. After old Jim struck it in the Calamity, and I began to wear shoes and go to school, and in emulation Giggles took to washing his face, and became Jack Raynor, of Wells, Fargo & Co., and old Mrs. Barts was herself chlorided to her fathers, Dumps drifted over to San Juan Smith and turned stage driver, and was killed by road agents, and so forth.
Why do I tell you all this, dear? Because it is heavy on my heart. Because I walk the Valley of Humility
. Because I am subduing myself to permanent consciousness of my unworthiness to unloose the latchet of Dr. Barritz’s shoe. Because-oh, dear, oh, dear—there’s a cousin of Dumps at this hotel! I haven’t spoken to him. I never had any acquaintance with him, but—do you suppose he has recognized me? Do, please, give me in your next your candid, sure-enough opinion about it, and say you don’t think so. Do you think He knows about me already and that is why He left me last evening when He saw that I blushed and trembled like a fool under His eyes? You know I can’t bribe ALL the newspapers, and I can’t go back on anybody who was good to Gunny at Redhorse—not if I’m pitched out of society into the sea. So the skeleton sometimes rattles behind the door. I never cared much before, as you know, but now—NOW it is not the same. Jack Raynor I am sure of—he will not tell him. He seems, indeed, to hold him in such respect as hardly to dare speak to him at all, and I’m a good deal that way myself. Dear, dear! I wish I had something besides a million dollars! If Jack were three inches taller I’d marry him alive and go back to Redhorse and wear sackcloth again to the end of my miserable days.
July 25th.
We had a perfectly splendid sunset last evening, and I must tell you all about it. I ran away from Auntie and everybody, and was walking alone on the beach. I expect you to believe, you infidel! that I had not looked out of my window on the seaward side of the hotel and seen him walking alone on the beach. If you are not lost to every feeling of womanly delicacy you will accept my statement without question. I soon established myself under my sunshade and had for some time been gazing out dreamily over the sea, when he approached, walking close to the edge of the water—it was ebb tide. I assure you the wet sand actually brightened about his feet! As he approached me, he lifted his hat, saying: “Miss Dement, may I sit with you?—or will you walk with me?”
The Lock and Key Library: Classic Mystery and Detective Stories Page 10
