Beauvais, in his search for the body of Marie, discovered a corpse corresponding in general size and appearance to the missing girl, he would have been warranted (without reference to the question of habiliment at all) in forming an opinion that his search had been successful. If, in addition to the point of general size and contour, he had found upon the arm a peculiar hairy appearance which he had observed upon the living Marie, his opinion might have been justly strengthened; and the increase of positiveness might well have been in the ratio of the peculiarity, or unusualness, of the hairy mark. If, the feet of Marie being small, those of the corpse were also small, the increase of probability that the body was that of Marie would not be an increase in a ratio merely arithmetical, but in one highly geometrical, or accumulative. Add to all this shoes such as she had been known to wear upon the day of her disappearance, and, although these shoes may be ›sold in packages,‹ you so far augment the probability as to verge upon the certain. What, of itself, would be no evidence of identity, becomes through its corroborative position, proof most sure. Give us, then, flowers in the hat corresponding to those worn by the missing girl, and we seek for nothing further. If only one flower, we seek for nothing further – what then if two or three, or more? Each successive one is multiple evidence – proof not added to proof, but multiplied by hundreds or thousands. Let us now discover, upon the deceased, garters such as the living used, and it is almost folly to proceed. But these garters are found to be tightened, by the setting back of a clasp, in just such a manner as her own had been tightened by Marie shortly previous to her leaving home. It is now madness or hypocrisy to doubt. What L'Etoile says in respect to this abbreviation of the garters being an unusual occurrence, shows nothing beyond its own pertinacity in error. The elastic nature of the clasp-garter is self-demonstration of the unusualness of the abbreviation. What is made to adjust itself, must of necessity require foreign adjustment but rarely. It must have been by an accident, in its strictest sense, that these garters of Marie needed the tightening described. They alone would have amply established her identity. But it is not that the corpse was found to have the garters of the missing girl, or found to have her shoes, or her bonnet, or the flowers of her bonnet, or her feet, or a peculiar mark upon the arm, or her general size and appearance – it is that the corpse had each, and all collectively. Could it be proved that the editor of L'Etoile really entertained a doubt, under the circumstances, there would be no need, in his case, of a commission de lunatico inquirendo. He has thought it sagacious to echo the small talk of the lawyers, who, for this most part, content themselves with echoing the rectangular precepts of the courts. I would here observe that very much of what is rejected as evidence by a court, is the best of evidence to the intellect. For the court, guided itself by the general principles of evidence – the recognized and booked principles – is averse from swerving at particular instances. And this steadfast adherence to principle, with rigorous disregard of the conflicting exception, is a sure mode of attaining the maximum of attainable truth, in any long sequence of time. The practice, in mass, is therefore philosophical; but it is not the less certain that it engenders vast individual error.48
In respect to the insinuations levelled at Beauvais, you will be willing to dismiss them in a breath. You have already fathomed the true character of this good gentleman. He is a busybody, with much of romance and little of wit. Any one so constituted will readily so conduct himself, upon occasion of real excitement, as to render himself liable to suspicion on the part of the over-acute, or the ill-disposed. M. Beauvais (as it appears from your notes) had some personal interviews with the editor of L'Etoile, and offended him by venturing an opinion that the corpse, notwithstanding the theory of the editor, was, in sober fact, that of Marie. ›He persists,‹ says the paper, ›in asserting the corpse to be that of Marie, but cannot give a circumstance, in addition to those which we have commented upon, to make others believe.‹ Now, without re-adverting to the fact that stronger evidence ›to make others believe,‹ could never have been adduced, it may be remarked that a man may very well be understood to believe, in a case of this kind, without the ability to advance a single reason for the belief of a second party. Nothing is more vague than impressions of individual identity. Each man recognizes his neighbor, yet there are few instances in which any one is prepared to give a reason for his recognition.
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