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is to be made he goes to her residence。 They quarrel。 Her voice
is heard； raised high in the greatest passion； denouncing him； and
charging that he is a murderer； that she has the evidence and will
reveal it； that he shall be hanged； and that he shall not be rid of
her。 Here is the motive for the crime； clear as light。 Are not
the bloody knife； the bloody dress； the bloody clothes of the
prisoner； unimpeachable witnesses to the criminal act？ The
criminal agency of the prisoner has not the shadow of a possibility
to obscure it。 His motive is gigantic。 The blood on him； and his
despair when arrested； cry 'Murder！ murder！' with a thousand
tongues。
〃Men may lie； but circumstances cannot。 The thousand hopes and
fears and passions of men may delude； or bias the witness。 Yet it
is beyond the human mind to conceive that a clear； complete chain
of concatenated circumstances can be in error。 Hence it is that
the greatest jurists have declared that such evidence； being rarely
liable to delusion or fraud； is safest and most powerful。 The
machinery of human justice cannot guard against the remote and
improbable doubt。 The inference is persistent in the affairs of
men。 It is the only means by which the human mind reaches the
truth。 If you forbid the jury to exercise it； you bid them work
after first striking off their hands。 Rule out the irresistible
inference； and the end of justice is come in this land； and you may
as well leave the spider to weave his web through the abandoned
court room。〃
The attorney stopped； looked down at Mason with a pompous sneer；
and retired to his place at the table。 The judge sat thoughtful
and motionless。 The jurymen leaned forward in their seats。
〃If your Honor please；〃 said Mason； rising； 〃this is a matter of
law； plain； clear； and so well settled in the State of New York
that even counsel for the People should know it。 The question
before your Honor is simple。 If the corpus delicti； the body of
the crime； has been proven； as required by the laws of the
commonwealth； then this case should go to the jury。 If not； then
it is the duty of this Court to direct the jury to find the
prisoner not guilty。 There is here no room for judicial
discretion。 Your Honor has but to recall and apply the rigid rule
announced by our courts prescribing distinctly how the corpus
delicti in murder must be proven。
〃The prisoner here stands charged with the highest crime。 The law
demands； first； that the crime； as a fact； be established。 The
fact that the victim is indeed dead must first be made certain
before anyone can be convicted for her killing； because； so long as
there remains the remotest doubt as to the death； there can be no
certainty as to the criminal agent； although the circumstantial
evidence indicating the guilt of the accused may be positive；
complete； and utterly irresistible。 In murder； the corpus delicti；
or body of the crime； is composed of two elements：
〃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 mu