LITMIR.BIZ

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than its bulk of water, and that he would not sink at all, except for the struggle by which he elevates his arms above the surface, and his gasps for breath while beneath the surface — gasps which supply by water the place of the original air in the lungs. But these struggles and these gasps would not occur in the body ‘thrown into the water immediately after death by violence.’ Thus, in the latter instance, the body, as a general rule, would not sink at all — a fact of which L’Etoile is evidently ignorant. When decomposition had proceeded to a very great extent — when the flesh had in a great measure left the bones — then, indeed, but not till then, should we lose sight of the corpse.

      “And now what are we to make of the argument, that the body found could not be that of Marie Roget, because, three days only having elapsed, this body was found floating? If drowned, being a woman, she might never have sunk; or, having sunk, might have reappeared in twenty — four hours or less. But no one supposes her to have been drowned; and, dying before being thrown into the river, she might have been found floating at any period afterwards whatever.

      “‘But,’ says L’Etoile, ‘if the body had been kept in its mangled state on shore until Tuesday night, some trace would be found on shore of the murderers.’ Here it is at first difficult to perceive the intention of the reasoner. He means to anticipate what he imagines would be an objection to his theory — viz.: that the body was kept on shore two days, suffering rapid decomposition — more rapid than if immersed in water. He supposes that, had this been the case, it might have appeared at the surface on the Wednesday, and thinks that only under such circumstances it could so have appeared. He is accordingly in haste to show that it was not kept on shore; for, if so, ‘some trace would be found on shore of the murderers.’ I presume you smile at the sequitur. You cannot be made to see how the mere duration of the corpse on the shore could operate to multiply traces of the assassins. Nor can I.

      “‘And furthermore it is exceedingly improbable,’ continues our journal, ‘that any villains who had committed such a murder as is here supposed, would have thrown the body in without weight to sink it, when such a precaution could have so easily been taken.’ Observe, here, the laughable confusion of thought! No one — not even L’Etoile — disputes the murder committed on the body found. The marks of violence are too obvious. It is our reasoner’s object merely to show that this body is not Marie’s . He wishes to prove that Marie is not assassinated — not that the corpse was not. Yet his observation proves only the latter point. Here is a corpse without weight attached. Murderers, casting it in, would not have failed to attach a weight. Therefore it was not thrown in by murderers. This is all which is proved, if any thing is. The question of identity is not even approached, and L’Etoile has been at great pains merely to gainsay now what it has admitted only a moment before. ‘We are perfectly convinced,’ it says, ‘that the body found was that of a murdered female.’

      “Nor is this the sole instance, even in this division of the subject, where our reasoner unwittingly reasons against himself. His evident object I have already said, is to reduce, as much as possible, the interval between Marie’s disappearance and the finding of the corpse. Yet we find him urging the point that no person saw the girl from the moment of her leaving her mother’s house. ‘We have no evidence,’ he says, ‘that Marie Roget was in the land of the living after nine o’clock on Sunday, June the twenty-second.’ As his argument is obviously an ex-parte one, he should, at least, have left this matter out of sight; for had any one been known to see Marie, say on Monday, or on Tuesday, the interval in question would have been much reduced, and, by his own ratiocination, the probability much diminished of the corpse being that of the grisette. It is, nevertheless, amusing to observe that L’Etoile insists upon its point in the full belief of its furthering its general argument.

      “Reperuse now that portion of this argument which has reference to the identification of the corpse by Beauvais. In regard to the hair upon the arm, L’Etoile has been obviously disingenuous. M. Beauvais, not being an idiot, could never have urged in identification of the corpse, simply hair upon its arm. No arm is without hair. The generality of the expression of L’Etoile is a mere perversion of the witness’ phraseology. He must have spoken of some peculiarity in this hair. It must have been a peculiarity of color, of quantity, of length, or of situation.

“‘Her foot,’ says the journal, ‘was small — so are thousands of feet. Her garter is no proof whatever — nor is her shoe — for shoes and garters are sold in packages. The same may be said of the flowers in her hat. One thing upon which M. Beauvais strongly insists is, that the clasp on the garter found had been set back to take it in. This amounts to nothing; for most women find it proper to take a pair of garters home and, fit them to the size of the limbs they are to encircle, rather than to try them in the store where they purchase.’ Here it is difficult to suppose the reasoner in earnest. Had M. 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 farther. If only one flower, we seek for nothing farther — 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 garter’s 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 the 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, guiding 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.¹⁵

      “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 busy-body, 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

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