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Updated: September 23, 2025
It is, therefore, to little purpose objected, that there is no corpus delicti; for even, though it were true, yet while there is a corpus suspicionis, then inquiry ought to be made for our own honour, nor can either law or reason be pleaded against it.
And, silencing the murmur of satisfaction which arose among them at this good news, he went on to say, "Because, after all, serious as the wound is, it is nothing in comparison with what it might have been; and what is more, gentlemen, I have the corpus delicti." He raised in the air, as he said this, a spherical ball, which he held between his thumb and forefinger.
It is not so much to know the law, ran Henry D. Feldman's motto, paraphrasing a famous dictum of Judge Sharswood, as to look, act and talk as though you knew it. To this end Mr. Feldman seldom employed a word of one syllable, if it had a synonym of three or four syllables, and such phrases as res gestæ, scienter, and lex fori delicti were the very life of his conversation with clients.
Indeed, his very death rests but upon suspicion. I admit that the law of England in this respect has once or twice been tampered with, and persons have even been executed where no corpus delicti was found; but what was the consequence? In each case the murdered man turned out to be alive, and justice was the only murderer.
He merely said, "I think there should be constables about, in case of an escape being attempted; but I agree with Mr. Houseman that your worships will be quite justified in taking bail, provided the corpus delicti should not be found.
At these words the eyes of every one in the court room were turned upon the speaker, and the silence was such that his next words, though uttered in a low voice, were distinctly heard by all present. "This motion is based upon the fact that the State has failed to prove the corpus delicti, upon the law, which is clear, that without such proof there can be no conviction of the crime of murder.
No sooner, however, was Eaton sworn than the defense entered the objection that his testimony was not yet relevant, contending that in a prosecution for treason the great material fact on which the merits of the entire controversy pivots was the overt act, which must be "AN OPEN ACT OF WAR"; just as in a murder trial the fact of the killing, the corpus delicti, must be proved before any other testimony was relevant, so in the pending prosecution, said they, no testimony was admissible until the overt act had been shown in the manner required by the Constitution.
Before long it dawned upon me that this Count Manucci was the son of that Jean Baptiste Manucci who had served as the spy of the State Inquisitors and had so adroitly managed to get possession of my books of magic, which were in all probability the chief corpus delicti. I did not say anything to him, but I was certain that my guess was correct.
I offer bail, ten thousand pounds in two sureties; Sir George Neville here present, and myself." The magistrate looked to Mr. Atkins. "I am not employed by the crown," said that gentleman, "but acting on mere civil grounds, and have no right nor wish to be severe. Bail by all means: but is the lady so sure of her innocence as to lend me her assistance to find the corpus delicti?"
Here and there floated a cork belt, odd bunches of cotton waste, a strip of carpet, and a wooden three-legged stool. These fragments alone remained to testify to the corpus delicti. "Philip," I said half an hour later, as the hot coffee was thawing out our insides, "what kind of a civilized bomb do you call that?"
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