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“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.