The Strange Schemes of Randolph MasonPost, Melville Davisson
General
The Strange Schemes of Randolph Mason
Post, Melville Davisson
American fiction -- 19th century; Detective and mystery stories, American; Legal stories, American
"Why, sir," continued the attorney, "it is as plain as sunlight. Robbery
is compounded of larceny and force. It is larceny from the person by
violence, but in order to constitute it the property must be taken
from the peaceable possession of the party and it must be taken _animo
furandi_. Neither of these happened in the case you state, because the
faro dealer, by means of an unlawful game, could not secure any color
of right or title to the money which he should win by it. Therefore the
money taken was not his property, and could not have been taken from his
peaceable possession.
"In the second place, this vital element of robbery, the animus furandi,
is totally wanting, for the reason that the player, in forcibly seizing
the money which he had lost, was actuated by no intention to steal,
but, on the contrary, was simply taking possession of his own property,
property to which he had a full legal right and title."
"But," put in the officer, "there was the other ten thousand which the
old man won, they got away with that; if the game was unlawful they had
no right to that."
"True," said the lawyer. "The old man had no title to the ten thousand
which he had won, but he did not steal it; the dealer gave it to him of
his own free will, and the old man had it in his possession by the full
voluntary consent of the dealer some time before the resort to violence.
There was clearly no crime in this."
"Damn it all!" said the Police Chief, wearily, "is there no way to get
at him, can't we railroad him before a jury?"
The District Attorney looked at the baffled officer and grinned
ominously. "My friend," he said, "there is no power in Venice can alter
a decree established. The courts have time and again passed upon cases
exactly similar to this, and have held that there was no crime, except,
perhaps, a petty misdemeanor. We could not weather a proceeding on
_habeas corpus_ ten minutes; we could never get to a jury. When the
judge came to examine the decisions on this question we would go out, as
you expressed it, on our necks."
"Well," muttered the Police Chief, as he pulled on his coat, "it is just
as Randolph Mason said, out he goes."
The attorney laughed and turned to his desk. The officer crossed to
the door, jerked it open, then stopped and faced round. "Mr. District
Attorney," he said, "won't there be hell to pay when the crooks learn
the law?" Then he stalked through and banged the door after him.
The District Attorney looked out of the window and across the street at
the dirty row of ugly buildings. "Humph!" he said, "there is something
in that last remark of the Chief."
VI.
Braxton Hogarth, detective, member of the Atlantic Agency, in good
standing, now, by right of law and by virtue of his craft, restored
to his freedom and identity, stepped back and was swallowed up by the
crowd.
Public-domain text, read in full here on John Shaqi.
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