The next day was the funeral. That evening the family sat in the south room. Some relatives were with them. Nobody entered the study until Henry carried a lamp in there after the others had retired for the night. He saw again the shadow on the wall leap to an awful life before the light.
The next morning at breakfast Henry Glynn announced that he had to go to the city for three days. The sisters looked at him with surprise. He very seldom left home, and just now his practice had been neglected on account of Edward’s death. He was a physician.
“How can you leave your patients now?” asked Mrs. Brigham wonderingly.
“I don’t know how to, but there is no other way,” replied Henry easily. “I have had a telegram from Doctor Mitford.”
“Consultation?” inquired Mrs. Brigham.
“I have business,” replied Henry.
Doctor Mitford was an old classmate of his who lived in a neighboring city and who occasionally called upon him in the case of a consultation.
After he had gone Mrs. Brigham said to Caroline that after all Henry had not said that he was going to consult with Doctor Mitford, and she thought it very strange.
“Everything is very strange,” said Rebecca with a shudder.
“What do you mean?” inquired Caroline sharply.
“Nothing,” replied Rebecca.
Nobody entered the library that day, nor the next, nor the next. The third day Henry was expected home, but he did not arrive and the last train from the city had come.
“I call it pretty queer work,” said Mrs. Brigham. “The idea of a doctor leaving his patients for three days anyhow, at such a time as this, and I know he has some very sick ones; he said so. And the idea of a consultation lasting three days! There is no sense in it, and NOW he has not come. I don’t understand it, for my part.”
“I don’t either,” said Rebecca.
They were all in the south parlor. There was no light in the study opposite, and the door was ajar.
Presently Mrs. Brigham rose—she could not have told why; something seemed to impel her, some will outside her own. She went out of the room, again wrapping her rustling skirts around that she might pass noiselessly, and began pushing at the swollen door of the study.
“She has not got any lamp,” said Rebecca in a shaking voice.
Caroline, who was writing letters, rose again, took a lamp (there were two in the room) and followed her sister. Rebecca had risen, but she stood trembling, not venturing to follow.
The doorbell rang, but the others did not hear it; it was on the south door on the other side of the house from the study. Rebecca, after hesitating until the bell rang the second time, went to the door; she remembered that the servant was out.
Caroline and her sister Emma entered the study. Caroline set the lamp on the table. They looked at the wall. “Oh, my God,” gasped Mrs. Brigham, “there are—there are TWO—shadows.” The sisters stood clutching each other, staring at the awful things on the wall. Then Rebecca came in, staggering, with a telegram in her hand. “Here is—a telegram,” she gasped. “Henry is—dead.”
From “The Wind in the Rosebush,” by Mary E. Wilkins Freeman. Copyright, 1903, by Doubleday, Page & Company.
Melville Davisson Post
Introduction to The Corpus Delicti
The high ground of the field of crime has not been explored; it has not even been entered. The book stalls have been filled to weariness with tales based upon plans whereby the DETECTIVE, or FERRETING power of the State might be baffled. But, prodigious marvel! no writer has attempted to construct tales based upon plans whereby the PUNISHING power of the State might be baffled.
The distinction, if one pauses for a moment to consider it, is striking. It is possible, even easy, deliberately to plan crimes so that the criminal agent and the criminal agency cannot be detected. Is it possible to plan and execute wrongs in such a manner that they will have all the effect and all the resulting profit of desperate crimes and yet not be crimes before the law?
We are prone to forget that the law is no perfect structure, that it is simply the result of human labor and human genius, and that whatever laws human ingenuity can create for the protection of men, those same laws human ingenuity can evade. The Spirit of Evil is no dwarf; he has developed equally with the Spirit of Good.
All wrongs are not crimes. Indeed only those wrongs are crimes in which certain technical elements are present. The law provides a Procrustean standard for all crimes. Thus a wrong, to become criminal, must fit exactly into the measure laid down by the law, else it is no crime; if it varies never so little from the legal measure, the law must, and will, refuse to regard it as criminal, no matter how injurious a wrong it may be. There is no measure of morality, or equity, or common right that can be applied to the individual case. The gauge of the law is iron-bound. The wrong measured by this gauge is either a crime or it is not. There is no middle ground.
Hence is it, that if one knows well the technicalities of the law, one may commit horrible wrongs that will yield all the gain and all the resulting effect of the highest crimes, and yet the wrongs perpetrated will constitute no one of the crimes described by the law. Thus the highest crimes, even murder, may be committed in such manner that although the criminal is known and the law holds him in custody, yet it cannot punish him. So it happens that in this year of our Lord of the nineteenth century, the skillful attorney marvels at the stupidity of the rogue who, committing crimes by the ordinary methods, subjects himself to unnecessary peril, when the result which he seeks can easily be attained by other methods, equally expeditious and without danger of liability in any criminal tribunal. This is the field into which the author has ventured, and he believes it to be new and full of interest.
It may be objected that the writer has prepared here a text-book for the shrewd knave. To this it is answered that, if he instructs the enemies, he also warns the friends of law and order; and that Evil has never yet been stronger because the sun shone on it.
[See Lord Hale’s Rule, Russell on Crimes. For the law in New York see 18th N. Y. Reports, 179; also N. Y. Reports, 49, page 137. The doctrine there laid down obtains in almost every State, with the possible exception of a few Western States, where the decisions are muddy.]
The Corpus Delicti
I
“That man Mason,” said Samuel Walcott, “is the mysterious member of this club. He is more than that; he is the mysterious man of New York.”
“I was much surprised to see him,” answered his companion, Marshall St. Clair, of the great law firm of Seward, St. Clair & De Muth. “I had lost track of him since he went to Paris as counsel for the American stockholders of the Canal Company. When did he come back to the States?”
“He turned up suddenly in his ancient haunts about four months ago,” said Walcott, “as grand, gloomy, and peculiar as Napoleon ever was in his palmiest days. The younger members of the club call him ‘Zanona Redivivus.’ He wanders through the house usually late at night, apparently without noticing anything or anybody. His mind seems to be deeply and busily at work, leaving his bodily self to wander as it may happen. Naturally, strange stories are told of him; indeed, his individuality and his habit of doing some unexpected thing, and doing it in such a marvelously original manner that men who are experts at it look on in wonder, cannot fail to make him an object of interest.
“He has never been known to play at any game whatever, and yet one night he sat down to the chess table with old Admiral Du Brey. You know the Admiral is the great champion since he beat the French and English officers in the tournament last winter. Well, you also know that the conventional openings at chess are scientifically and accurately determined. To the utter disgust of Du Brey, Mason opened the game with an unheard-of attack from the extremes of the board. The old Admiral stopped and, in a kindly patronizing way, pointed out the weak and absurd folly of his move and asked him to begin again with some one of the safe openings. Mason smiled and answered that if one had a head that he could trust he should use it; if not, then it was the part of wisdom to follow blindly the dead forms of some man who had a head. Du Brey was naturally angry and set himself to demolish Mason as quickly as possible. The game was rapid for a few moments. Mason lost piece after piece. His opening was broken and destroyed and its utter folly apparent to the lookers-on. The Admiral smiled and the game seemed all one-sided, when, suddenly, to his utter horror, Du Brey found that his king was in a trap. The foolish opening had been only a piece of shrewd strategy. The old Admiral fought and cursed and sacrificed his pieces, but it was of no use. He was gone. Mason checkmated him in two moves and arose wearily.