第 13 节
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泰达魔王 更新:2024-07-17 14:41 字数:9322
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 arethere are TWOshadows。〃 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 isa telegram;〃 she gasped。 〃Henry isdead。〃
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。
〃'Where in Heaven's name; man;' said the old Admiral;
thunderstruck; 'did you learn that masterpiece?'
〃'Just here;' replied Mason。 'To play chess; one should know his
opponent。 How could the dead masters lay down rules by which you
could be beaten; sir? They had never seen you'; and thereupon he
turned and left the room。 Of course; St。 Clair; such a strange man
would soon become an object of all kinds of mysterious rumors。
Some are true and some are not。 At any rate; I know that Mason is
an unusual man with a gigantic intellect。 Of late he seems to have
taken a strange fancy to me。 In fact; I seem to be the only member
of the club that he will talk with; and I confess that he startles
and fascinates me。 He is an original genius; St。 Clair; of an
unusual order。〃
〃I recall vividly;〃 said the younger man; 〃that before Mason went
to Paris he was considered one of the greatest lawyers of this city
and he was feared and hated by the bar at large。 He came here; I
believe; from Virginia and began with the high…grade criminal
practice。 He soon became famous for his powerful and ingenious
defenses。 He found holes in the law through which his clients
escaped; holes that by the profession at large were not suspected
to exist; and that frequently astonished the judges。 His ability
caught the attention of the great corporations。 They tested him
and found in him learning and unlimited resources。 He pointed out
methods by which they could evade obnoxious statutes; by which they
could comply with the apparent letter of the law and yet violate
its spirit; and advised them well in that most important of all
things; just how far they could bend the law without breaking it。
At the time he left for Paris he had a vast clientage and was in
the midst of a brilliant career。 The day he took passa