The Court. It is a question whether the Court too----

Mr. Ingersoll. [Interposing.] Very well.

The Court. [Continuing.] Whether the Court is going to allow an argument

to be based upon a mere vacuum--wind, nothing.

Mr. Ingersoll. That would seem to be stealing the foundation of this

case. [Laughter, and cries of "Silence" from the bailiffs.] We will

consider the argument made to the Court, and not to the jury.

The next question, then, is what is the _corpus delicti_; that is, in

a case of conspiracy? I do not believe the combination to be the corpus

delicti--the mere association. It may be the corpus, but it is not the

delicti, and under the law there must not only be a conspiracy, as I

understand it, but also an overt act done by one of the conspirators to

accomplish the object of the conspiracy. So that the conspiracy with the

fraudulent purpose and the overt act constitute the corpus delicti. Now,

I read from Best on Presumptions, page 279:

"The corpus delicti, the body of an offence, is the fact of its actually

having been committed."

The dead body in a murder case is not the corpus delicti. It is the

corpse and nothing more. It must be followed by evidence that murder was

committed.

"The corpus delicti is the body, substance or foundation of the

offence. It is the substantial and fundamental fact of its having been

committed."

The Works of Robert G. Ingersoll, Vol. 10 (of 12) Dresden Edition—Legal · 第 18 / 52 题