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long legs drawn up under his chair； and his weary； heavy…muscled
face； with its restless eyes； fixed and staring out over the heads
of the jury； was like a tragic mask。 The bar； and even the judge；
believed that the prisoner's counsel had abandoned his case。
The evidence was all in and the People rested。 It had been shown
that Nina San Croix had resided for many years in the house in
which the prisoner was arrested； that she had lived by herself；
with no other companion than an old negro servant； that her past
was unknown； and that she received no visitors； save the Mexican
sailor； who came to her house at long intervals。 Nothing whatever
was shown tending to explain who the prisoner was or whence he had
come。 It was shown that on Tuesday preceding the killing the
Archbishop had received a communication from Nina San Croix； in
which she said she desired to make a statement of the greatest
import； and asking for an audience。 To this the Archbishop replied
that he would willingly grant her a hearing if she would come to
him at eleven o'clock on Friday morning。 Two policemen testified
that about eight o'clock on the night of Thursday they had noticed
the prisoner slip into the gate of Nina San Croix's residence and
go down to the side of the house； where he was admitted； that his
appearance and seeming haste had attracted their attention； that
they had concluded that it was some clandestine amour； and out of
curiosity had both slipped down to the house and endeavored to find
a position from which they could see into the room； but were unable
to do so； and were about to go back to the street when they heard a
woman's voice cry out in； great anger： 〃I know that you love her
and that you want to get rid of me； but you shall not do it！ You
murdered him； but you shall not murder me！ I have all the evidence
to convict you of murdering him！ The Archbishop will have it to…
morrow！ They shall hang you！ Do you hear me？ They shall hang you
for this murder！〃 that thereupon one of the policemen proposed that
they should break into the house and see what was wrong； but the
other had urged that it was only the usual lovers' quarrel and if
they should interfere they would find nothing upon which a charge
could be based and would only be laughed at by the chief； that they
had waited and listened for a time； but hearing nothing further had
gone back to the street and contented themselves with keeping a
strict watch on the house。
The People proved further； that on Thursday evening Nina San Croix
had given the old negro domestic a sum of money and dismissed her；
with the instruction that she was not to return until sent for。
The old woman testified that she had gone directly to the house of
her son； and later had discovered that she had forgotten some
articles of clothing which she needed； that thereupon she had
returned to the house and had gone up the back way to her room；
this was about eight o'clock； that while there she had heard Nina
San Croix's voice in great passion and remembered that she had used
the words stated by the policemen； that these sudden； violent cries
had frightened her greatly and she had bolted the door and been
afraid to leave the room； shortly thereafter； she had heard heavy
footsteps ascending the stairs； slowly and with great difficulty；
as though some one were carrying a heavy burden； that therefore her
fear had increased and that she had put out the light and hidden
under the bed。 She remembered hearing the footsteps moving about
upstairs for many hours； how long she could not tell。 Finally；
about half…past four in the morning； she crept out； opened the
door； slipped downstairs； and ran out into the street。 There she
had found the policemen and requested them to search the house。
The two officers had gone to the house with the woman。 She had
opened the door and they had had just time to step back into the
shadow when the prisoner entered。 When arrested； Victor Ancona had
screamed with terror； and cried out； 〃It was no use！ it was no use
to do it！〃
The Chief of Police had come to the house and instituted a careful
search。 In the room below； from which the cries had come； he found
a dress which was identified as belonging to Nina San Croix and
which she was wearing when last seen by the domestic； about six
o'clock that evening。 This dress was covered with blood； and had a
slit about two inches long in the left side of the bosom； into
which the Mexican knife； found on the prisoner； fitted perfectly。
These articles were introduced in evidence； and it was shown that
the slit would be exactly over the heart of the wearer； and that
such a wound would certainly result in death。 There was much blood
on one of the chairs and on the floor。 There was also blood on the
prisoner's coat and the leg of his trousers； and the heavy Mexican
knife was also bloody。 The blood was shown by the experts to be
human blood。
The body of the woman was not found； and the most rigid and
tireless search failed to develop the slightest trace of the
corpse； or the manner of its disposal。 The body of the woman had
disappeared as completely as though it had vanished into the air。
When counsel announced that he had closed for the People； the judge
turned and looked gravely down at Mason。 〃Sir；〃 he said； 〃the
evidence for the defense may now be introduced。〃
Randolph Mason arose slowly and faced the judge。
〃If your Honor please；〃 he said； speaking slowly and distinctly；
〃the defendant has no evidence to offer。〃 He paused while a murmur
of astonishment ran over the court room。 〃But； if your Honor
please；〃 he continued； 〃I move that the jury be directed to find
the prisoner not guilty。〃
The crowd stirred。 The counsel for the People smiled。 The judge
looked sharply at the speaker over his glasses。 〃On what ground？〃
he said curtly。
〃On the ground；〃 replied Mason； 〃that the corpus delicti has not
been proven。〃
〃Ah！〃 said the judge； for once losing his judicial gravity。 Mason
sat down abruptly。 The senior counsel for the prosecution was on
his feet in a moment。
〃What！〃 he said； 〃the gentleman bases his motion on a failure to
establish the corpus delicti？ Does he jest； or has he forgotten
the evidence？ The term 'corpus delicti' is technical； and means
the body of the crime； or the substantial fact that a crime has
been committed。 Does anyone doubt it in this case？ It is true
that no one actually saw the prisoner kill the decedent； and that
he has so successfully hidden the body that it has not been found；
but the powerful chain of circumstances； clear and close…linked；
proving motive； the criminal agency； and the criminal act； is
overwhelming。
〃The victim in this case is on the eve of making a statement that
would prove fatal to the prisoner。 The night before the statement
is to be made he goes to her residence。 They quarrel。 Her voice
is heard； raised