“May it please the Court. Knowing that there is but one more witness to be called, and that the testimony of that witness can bring forward no new light on this matter, I have excellent reason to desire at this time to move the Court to bring in the verdict of not guilty.”
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 462 of the crime of murder. If the testimony of the witness Nels Nelson can be accepted as the admission of the man Richard Kildene, until the State can prove the corpus delicti, no proof can be brought that it is the admission of the prisoner at the bar. I say that until such proof can be brought by the State, no further testimony can convict the prisoner at the bar. If it please the Court, the authorities are clear that the fact that a murder has been committed cannot be established by proof of the admissions, even of the prisoner himself that he has committed the crime. There must be direct proof of death as by finding and identification of the body of the one supposed to be murdered. I have some authorities here which I would like to read to your honor if you will hear them.”
The face of the judge during this statement of the prisoner’s counsel was full of serious interest. He leaned forward with his elbow on the desk before him, and with his hand held behind his ear, intent to catch every word. As counsel closed the judge glanced at the clock hanging on the wall and said:––
“It is about time to close. You may pass up your authorities, and I will take occasion to examine them before the court opens in the morning. If counsel on the other side have any authorities, I will be pleased to have them also.”
CHAPTER XXXVII
THE STRANGER’S ARRIVAL
On taking his seat at the opening of court the next morning, the judge at once announced his decision.