A Book of Remarkable CriminalsIrving, H. B. (Henry Brodribb)
History
A Book of Remarkable Criminals
Irving, H. B. (Henry Brodribb)
Criminals -- Biography
One of the medical witnesses called for the defence, M. Chaussier, had
volunteered the remark that the absence of any trace of poison in the
portions of Auguste Ballet's body submitted to analysis, constituted an
absence of the corpus delicti. To this the President replied that that
was a question of criminal law, and no concern of his. But in his speech
for the prosecution the Avocat-General dealt with the point raised
at some length--a point which, if it had held good as a principle of
English law, would have secured the acquittal of so wicked a poisoner as
Palmer. He quoted from the famous French lawyer d'Aguesseau: "The corpus
delicti is no other thing than the delictum itself; but the proofs of
the delictum are infinitely variable according to the nature of things;
they may be general or special, principal or accessory, direct or
indirect; in a word, they form that general effect (ensemble) which goes
to determine the conviction of an honest man." If such a contention as
M. Chaussier's were correct, said the Avocat-General, then it would
be impossible in a case of poisoning to convict a prisoner after his
victim's death, or, if his victim survived, to convict him of the
attempt to poison. He reminded the jury of that paragraph in the Code
of Criminal Procedure which instructed them as to their duties: "The Law
does not ask you to give the reasons that have convinced you; it
lays down no rules by which you are to decide as to the fullness or
sufficiency of proof... it only asks you one question: 'Have you an
inward conviction?'" "If," he said, "the actual traces of poison are a
material proof of murder by poison, then a new paragraph must be added
to the Criminal Code--'Since, however, vegetable poisons leave no trace,
poisoning by such means may be committed with impunity.'" To poisoners
he would say in future: "Bunglers that you are, don't use arsenic or any
mineral poison; they leave traces; you will be found out. Use vegetable
poisons; poison your fathers, poison your mothers, poison all your
families, and their inheritance will be yours--fear nothing; you will go
unpunished! You have committed murder by poisoning, it is true; but the
corpus delicti will not be there because it can't be there!" This was
a case, he urged, of circumstantial evidence. "We have," he said, "gone
through a large number of facts. Of these there is not one that does not
go directly to the proof of poisoning, and that can only be explained on
the supposition of poisoning; whereas, if the theory of the defence
be admitted, all these facts, from the first to the last, become
meaningless and absurd. They can only be refuted by arguments or
explanations that are childish and ridiculous."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account