Mason said, “May it please the Court, it is necessary for the Prosecution to prove the corpus delicti, before there can be any testimony connecting the defendant with the commission of the crime. In other words, in this case, the Prosecution must prove, first, that Carl Newberry, or Carl Moar, as the case may be, is actually dead. Secondly, the Prosecution must prove that he met his death as the result of some criminal agency. When this is done, the Prosecution can then seek to connect the defendant with the crime. But until that has been done, there can be no testimony of confessions or admissions on the part of the defendant.”
“Now, in this case, the most that the Prosecution has been able to show is that a witness heard a shot and saw two figures standing some sixty feet away. She cannot identify those figures.”
Scudder said, “Your Honor, if I may say just one word.”
Judge Romley nodded permission.
“This is merely a flimsy technicality,” Scudder said. “But I will meet Counsel on his own ground. Let us suppose that no one can testify that Mrs. Moar shot and killed Carl Moar, but someone did drag a man to the rail and throw him overboard. Now, I will show by Captain Hanson that the condition of the sea was such at that time that a man couldn’t live for ten minutes, even if he were a most expert swimmer in...”
“But no one has testified that any man was thrown overboard,” Mason said.
“Miss Fell saw...”
Mason smiled as the trial deputy suddenly lapsed into silence.
Judge Romley said, “This is a most peculiar situation, Counselor.”
Mason said affably, “Isn’t it, your Honor?” and sat down.