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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 out 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； hisdo you know any noun corresponding to the adjective
〃handsome〃？ One does not