Original subtitles

- [Narrator] Law enforcement in the early days

of California were seriously handicapped

by the fact that judges were sometimes only half educated

in the law.

In this case the judge's ruling, not only set a killer free,

but established a dangerous precedent

that led to more bloodshed.

- Ladies and gents to the jury.

I got my own ideas about the defendant's guilt,

but as the counselor pointed out.

The state didn't produce a corpus delicti,

or that means the body of the victim.

And without it, there ain't any,

isn't any conclusive proof

that a murder was committed.

So, as I see it, you gotta find for the defendant,

based on the corpus delicti.

(serious dramatic music)

- [Narrator] The jury's verdict, gave a prominent citizen,

the idea for a perfect crime.

And corpus delicti threatened

to become a licensed to murder.

* Californiay, Californiay,

There's gold in-

- [Narrator] The Californians.

* in Californiay

I've come to live where life is best,

In the golden west,

I'm gonna strike it rich in Californiay.

Californiay.

(dramatic music)

- And I'm very hungry, maybe it's this fog.

- Bother no fog.

What's better than being outdoors

with a pole and a good friend with company.

(waves crashing)

- How many years have we been in business together, Jim?

- Five.

- Made a lot of money haven't we?

- Yeah, we've done very well.

- And not a scrap of paper between us.

- What's better than a handshake?

- That's what's going to make it so easy

for me to take over the business.

- (laughs)

What do you mean?

- You poor simple-minded man,

don't you know that I hate your guts.

Always have.

And for all those years,

I've been in love with your wife.

What's more, she's in love with me,

has been for a long time.

- What are you saying?

- I never forgave you for taking Katherine away from me.

And now, I'm going to get her back.

- Mark?

Mark you can't get away with it.

- Can't get away with it?

But do you ever hear of corpus delicti?

(gun shot fired)

(gun shot fired)

(dramatic serious music)

- [Witness] Hey, buddy, we saw shoot that man.

- [Mark] Well, my friend fall off the rock

and I fired those shots to-

- [Witness] Yeah, we also heard what you're told him.

- [Witness] Come on, this was a citizens arrest.

- These men are lying Marshall.

- Are they?

I don't think they are.

- Believing if they were telling the truth.

What do you think you could do about it?

Did you read about the Collins case?

That's what he's counting on to get out of it, Marshall.

He mentioned "corpus delicti",

before he shot Wheeler.

- We saw where Wheeler fell in,

let's recover the body?

- In the history of San Francisco Bay,

they've never recovered a body from that area.

Strong riptide there.

By now Wheeler's body is halfway to China.

That's what you're counting on, isn't it Brand?

Lock him up.

(dramatic music)

- Wilma, Jim Wheeler was murdered.

- Jim. Oh no.

- By his partner.

- Oh, poor Katherine.

- That's right.

You know Mrs. Wheeler pretty well, don't you?

- We've been friends for years.

- You know something, before he killed him,

Brand told Wheeler he was doing it,

so that he and Mrs. Wheeler could be married.

- That's ridiculous.

- I'm not so sure.

- Well, I am. Katherine loved her husband.

- Well, I've gotta go break the news to her.

- Can I come along?

- That's a good idea.

- I'll get my things.

(sad dramatic music)

(knocking on door)

- Katherine.

- Wilma.

- Oh, this is Marshall Wayne. - How do you do my Marshall?

Why don't you come in?

- So, good to see you again, Katherine.

- Well, is wonderful seeing you Wilma.

Such a pleasant surprise, having you drop in like this.

May you sit down.

- Thank you.

- Sit down Marshall.

- Mrs. Wheeler I, I don't know any way

of making this easy.

- Yes?

- Your husband is dead.

(dramatic serious music)

- Jim?

But when? How?

- Witnesses say that he was murdered

by his partner, Mark Brand.

- Mark?

Oh, I can't believe it,

but why would Mark wanna kill Jim?

They're very good friends.

You know that, Wilma?

Oh, tell me this isn't true?

- According to witnesses,

Brand brag that you promised to marry him,

after he killed your husband.

- I don't believe that Mark would do

or say anything like that, it's a lie! ú

Just this morning, I saw Jim leave with his best friend.

Now, you're say he's dead,

and I have to listen to these horrible insinuations.

(crying)

- Matt, please go.

I'll look after her.

- (crying)

- Go ahead and cry Katherine.

- A prosecution will have a awfully strong

case against you, Mr. Brand.

The two eye-witnesses are solid citizens,

and reputable merchants.

- It was an accident, Mr. Pitt.

I love Jim.

I depended on him.

You don't know what this loss means to me.

Now. They wanna hang me.

Would you defend me, Mr. Pitt?

- You defending Brand?

- That's right.

- Why?

- Because, I think, he's innocent, that's why.

I have reason to believe that those

two so-called witnesses are lying.

- Are you basing your defense on Judge Norris's,

corpus delicti ruling?

- Well, Judge Norris set a precedent,

and it's my duty to defend my client.

- Don't you think,

you have a duty to the public?

- Once I was an Assistant Prosecuting in Illinois.

I convicted a man, against whom the evidence of murder,

was twice as damning of that against Brand.

A month after he was hanged,

another man confessed to the crime.

That's one of the reasons I came to California.

I couldn't stand meeting that man's,

widow and children in the street.

Expressions on their faces, still haunt me.

That's why I'm going to defend Mark Brand

with every resource at my command.

(dramatic music)

- Well, I ain't much of a lawyer, Matt,

but I have read as much law as the next man.

And I'm sticking to my interpretation

of corpus delicti, died, or you,

or somebody else can convince me I'm wrong,

which aint, isn't very likely.

So, if I'm assigned to the Brand case,

and I'm sure I will be,

I'll have to instruct the jury,

same as I did in the Collins case.

- Judge? What if we don't charge him with murder?

If I hold him, say as a material witness?

I mean, if we don't charge him with anything,

he can't ask for a trail, can he?

- What are you heading for Matt?

- In that time, I might be able to find the body.

- But you know that there's never been a body recovered

from that spot, Matt?

- But, I've got an expert on bay,

currents working on the case.

He says, "Give him time,

he's sure he can produce corpus delicti."

- Hm-mm.

That's, that's a good thinking.

Tell you what I'll do?

Dan Reese is Assistant Prosecutor

in charge of the case.

I'll have a talk with him, huh?

Ever think of trying for the bench, son?

- (laughs)

Being a judge? I'm not even a lawyer.

- Neither am I.

- You weren't admitted to the bar?

- Admitted? I was the bar.

It's the hang around old Judge Hammers court,

selling whiskey to him and the jurors and lawyers,

during recesses.

Read all his law books.

When he died, all of a sudden I got his job.

- (laughs)

But how?

- Well, just fixed it with the right people,

got myself appointed.

That's all it was to it.

Simple aint- isn't it?

- Yes, aint it? (laughs)

(dramatic music)

(door slams)

- Hello Marshall.

And have you Wheelers body, yet?

- Not yet.

That's what you're counted on, wasn't it?

- I certainly did, in case I got caught,

but if I ever get in court, I'll deny it of course.

- Why are you in this confiding mood?

Why'd you tell Wheeler that

his wife planned to marrying you?

- I hated him.

I wanna see him suffer before he died.

- You really are a skunk, aren't you?

- Yes, I really am.

And the beauty of it is, I'm gonna get away with it,

thanks to good old carpus delicti.

See you at the trial Marshall.

- There, isn't gonna be any trail.

Not for awhile, anyway.

- What do you mean?

- You're being released, but don't leave town,

might need you as a material witness.

- I demand a trial, Marshall, that's my right!

- Come on, out.

(dramatic music)

- Hello Matt.

That's a pretty sneaky trick.

- Not as sneaky as your client.

- Well, I think, he's innocent.

You know, even though, you do find a body.

I think, it'll be of a drowned man

and not a murdered one.

- We'll see about that.

- You know, meanwhile,

I resent your having Brand followed every place he goes.

- My friend, I'm only doing that,

so he won't leave town without paying your fee.

(serious music)

(door opens)

- How dare you come here?

- Katherine, don't tell me you believe those lies

about me? - I talked to the two men,

who saw you kill my husband.

- Please listen to me.

- I hate you, I hope they hang you.

(door slams)

(dramatic music)

- He's gone.

- (door closes)

Oh, Mark, Mark darling, I love you so much.

(dramatic music)

- Hey, Marshall. I followed him-

- Jensen, what are you doing here?

You're supposed to be watching Mike Brand?

- Well, that's what I come to tell you about.

I followed him, he went to Mrs. Wheeler's place.

- She let him in?

- Yeah. They talked for a while

and then she slammed the door in his face.

I thought that might mean something to you, Marshall.

- She slammed the door in his face.

Yeah, it certainly means something to me.

Now, Jensen. I want you to go back there

and pick up his trail, and don't leave it,

until I send somebody to replace you?

- All right, Marshall.

- The thing that bothers me most,

is that those men heard you telling Jim,

we were in love.

- If they ever put me on trial, I'll deny it.

- But Mark?

When we do get married, people will talk.

We'll have to leave San Francisco.

- What makes you think I'm going to marry you?

(dramatic music)

- What makes me think, what?

- Do you suppose I'd marry the kind

of woman who helped plan her own husband's murder.

(dramatic music)

- Sometimes a woman will do terrible things

for love of a man.

Even go along with murder.

The only thing that keeps it from being unbearable,

is the thought that you love me.

Ah, I beg you?

Please, don't take that away from me.

Say you do love me?

- I hate you, as much I hated Jim, him for taking

you away from me, you for letting him?

(dramatic serious music)

- So, that's what it was?

You can still be charged with murder.

- Not unless they find Jim's body, which they won't.

- Suppose, I decide, to tell the truth.

- I wouldn't be convicted without a corpus delicti,

but you'll keep your mouth closed,

unless you don't wanna live in the streets.

You see everything Jim had, is in my name.

(dramatic music)

- You really did a thorough job.

- Now, you behave and keep away from me,

and I'll let you keep this place.

Give you the money to support it.

You'll depend on me for your bread.

(dramatic music)

(door opens and closes)

- Oh.

- Oh, Matt.

Oh, excuse me, please?

Oh, that expert was right.

He figured out where the current,

might take a body.

And that's where we found it,

under his point.

- Are you sure it's Wheeler's body?

- Well, I'd swear, it's the man.

I saw Mark Brand shoot that day.

- I bet, I have Mrs. Weeler identify.

Excuse me, Wilma?

Anytime, when you go down

to the district attorney's office

and tell Dan Reese about this?

- Sure thing.

(dramatic music)

(knock on door)

- Come in, the door is open!

- Sorry to disturb you Mrs. Wheeler.

- That's quite all right, Marshall.

Won't you sit down?

- I'm afraid I'm here on business.

They find your husband's body.

Would you like to come along with me and identify it?

- No.

- No?

What did Brand say to you

that made you slam the door in his face?

- Does it matter?

- Murderers don't usually visit the widows

of the men they killed Mrs. Wheeler.

It must've been something between you two.

What was it?

- We planned my husband's murder together.

- You?

Why are you telling me this?

Would you testify to him?

- Yes, I will.

- I'm going down and get a man

from the district attorney's office,

but I'd would like to have a deposition.

You sure you won't change your mind?

You'll be incriminating yourself, you know?

- I don't care what happens to me.

I wanna see him hanged.

(dramatic music)

(door closes)

(birds sounds)

(knocking on door)

(door closes)

- I told you enough not bother me.

- They found Jim's body.

- Impossible!

- Once more, I told Marshall Wayne

about my part in the murder.

- You what?

- Of course, Mark.

They can't force his wife

to testify against her husband.

(dramatic music)

- When do we get married, dear?

(dramatic music)

- This man was dressed like Wheeler.

He looked like Wheeler, but it wasn't him.

It's a man named John Lang.

And yet, his widow and two brothers made separate

and positive identifications.

- Well, the facts in the fire, Matt.

I've already charged Brand with murder

and corpse or no corpse,

Will have to go ahead with the trial.

It will be before Judge Norris,

and he sticks to his

accused jury interpretation of the law,

corpus delicti, will lose.

- Oh fine,

and anybody who has a grudge,

or a place to bury a body also has a permit to kill.

- Hm-mm.

- What about Mrs. Wheeler's testimony

that she was an accessory to the murder?

Doesn't that help our case?

- I hope so.

- You ready?

(dramatic music)

(door opens and closes)

- What are you doing here?

- You told me to stick close to Brand?

He's in there.

- Well, you shouldn't have let him go in. He might kill her.

- He does, he'll sure got his honeymoon to show it.

They'll married an half an hour ago.

- What are you talking about?

- The preacher told me, he just left.

- Brand married her to keep her

from testifying against him.

- You're should've talked to that preacher about it,

before he went in.

- You just told me to follow Brand?

You didn't say nothing about button into his romance?

- Dan, stay at here and keep your eye on things.

Let's go Jensen.

(doors open and closes)

You're under arrest Brand.

- What's the charge, this time? Fishing on Sunday?

- Charge is, murder.

- Good, good. Just what I want.

- Take him to jail, Jensen?

- Too bad, the body they found wasn't Wheelers,

isn't it Marshall?

Be gentle with my bride.

My hat?

(door closes)

- I know what you're thinking, Marshall,

and I don't blame you.

Mark and I have sunk deep in the mud,

even if he is acquitted, we'll just sink deeper.

But we'll sink together, as man and wife.

That's all that matters, now.

(dramatic music)

- I new myth, they making bets on the verdict.

It's a five to one, on a quid ell.

Hmm? Open for two.

- Well, you can bet your bottom dollar it's a sure a thing.

Let's Judge Norris goes against this precedent.

- Three.

Well, he likes you and he listened to your once,

maybe you'll do it again.

- Sure. He might.

If I could convince him,

he's all worried about his interpretation

of corpus delicti.

Then I'm no lawyer.

- Eyes are deceiving.

You can read can't you?

And Jeremy has an office full of law books.

- Would you like to go for a little walk?

- Sure.

(laughs)

(violin dramatic music)

- Help yourself, Matt.

You'll find all sorts of opinions, rulings,

interpretations and precedents

on corpus delicti in these 20 books.

- 20?

- And here are 10 more,

explaining what those 20 mean.

Good luck.

- Well, mind as well, get at it.

- All right.

(playful dramatic music)

- Jan Doe versus Richard Rowe.

Those two birds spent a awful a lot of time in court.

- The one I hate is Richard,

usually wins and he's so smug about it.

- Oh. Oh, the more I read, the more confused I get.

- So do I.

- You know, there must be some clear, simple explanation,

what corpus delicti is all about.

- By the time we find it, Mr. Brand

I'd be dead of old age.

- When you wanna find out the meaning of a word,

where do you usually look Matt?

- Well, then,

couldn't be that simple?

(dramatic music)

- Oh, hello, Matt.

(door closes)

- Your Honor.

Would it be considered contempt to court,

to call to your attention, a point of law?

- I'd appreciate it.

Take a chair.

Like I told you, I don't know much about the law

and as to judge.

(dramatic music)

- Now, I don't believe I need to tell the jury

that the state's made out of good,

strong case against the defendant.

Two reliable witnesses have testified

that Mark Brand committed cold blooded murder.

And their testimony wasn't shaken by cross examination.

But now, we come to a counselor pitched defense.

Corpus delicti, which he claims, means,

you got to acquit his client.

And that means that the Lerner defense attorney

was talking through his highly educated hat.

- Your honor, I object.

I was merely following the precedent set by this court.

I was-

- Oh, sit down and shut-up Pitt.

Nobody's blaming you for the ignorance of this court.

Thanks to Marshall Wayne.

I found out that I was in error,

when I instructed a previous jury,

that you gotta have a body

before you could convict a murderer.

(people talking)

But he found the real mean in the corpus delicti,

and the "one book guy" never thought

of reading on the subject.

And here's the gist of it.

Corpus delicti, does not mean the body of the victim.

(dramatic music)

Means the body of facts that prove

that a crime has been committed.

In other words, you, you don't have

to produce a corpse to prove there's been a murder.

Just the facts.

Now, that means just one thing.

If you jurors wanna hang Mark Brand

on the evidence you heard, it's jake with me.

I think, the son of a guns guilty. (slam)

- [All People] Hear, hear.

(dramatic music)

- Don't take it so hard, Jeremy.

You live, there only hanging your client.

- When I first took the case, I thought, he was innocent.

Out of which one of my books

did you get that ruling on corpus delicti,

I gave the judge?

- We found it in a book by Noah Webster.

- You mean Daniel?

He was the lawyer.

No one wrote the dictionary.

- That's where we found it.

The dictionary.

Anytime you wanna refresh your memory,

it's listed in the scene.

(dramatic music)

* Californiay,

Oh, I've traveled here,

I've traveled there,

I guess I've been most ev'rywhere,

But I like where I am today,

And here is where I'll stay.

Now, one thing I just can't endure

Is bein' broke and bein' poor,

So, I've come out to take the cure,

And here is where I'll stay.

I've come to Californiay,

Californiay;

There's gold in them there hills, in Californiay.

I've come to live where life is best,

In the golden west,

I'm gonna strike it rich in Californiay.

Californiay, Californiay;

There's gold in them there hills

in Californiay.

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