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 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 readverting 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. The editor of L’Etoile had no right to be offended at M. Beauvais’ unreasoning belief.
“The suspicious circumstances which invest him, will be found to tally much better with my hypothesis of romantic busy-bodyism, than with the reasoner’s suggestion of guilt. Once adopting the more charitable interpretation, we shall find no difficulty in comprehending the rose in the key-hole; the ‘Marie’ upon the slate; the ‘elbowing the male relatives out of the way’; the ‘aversion to permitting them to see the body’; the caution given to Madame B-, that she must hold no conversation with the gendarme until his return (Beauvais); and, lastly, his apparent determination ‘that nobody should have any thing to do with the proceedings except himself.’ It seems to be unquestionable that Beauvais was a suitor of Marie’s; that she coquetted with him; and that he was ambitious of being thought to enjoy her fullest intimacy and confidence. I shall say nothing more upon this point; and, as the evidence fully rebuts the assertion of L’Etoile, touching the matter of apathy on the part of the mother and other relatives — an apathy inconsistent with the supposition of their believing the corpse to be that of the perfumery — girl — we shall now proceed as if the question of identity were settled to our perfect satisfaction.”
“And what,” I here demanded, “do you think of the opinions of Le Commerciel?”
“That in spirit, they are far more worthy of attention than any which have been promulgated upon the subject. The deductions from the premises are philosophical and acute; but the premises, in two instances, at least, are founded in imperfect observation. Le Commerciel wishes to intimate that Marie was seized by some gang of low ruffians not far from her mother’s door. ‘It is impossible,’ it urges, ‘that a person so well known to thousands as this young woman was, should have passed three blocks without some one having seen her.” This is the idea of a man long resident in Paris — a public man — and one whose walks to and fro in the city have been mostly limited to the vicinity of the public offices. He is aware that he seldom passes so far as a dozen blocks from his own bureau, without being recognized and accosted. And, knowing the extent of his personal acquaintance with others, and of others with him, he compares his notoriety with that of the perfumery-girl, finds no great difference between them, and reaches at once the conclusion that she, in her walks, would be equally liable to recognition with himself in his. This could only be the case were her walks of the same unvarying, methodical character, and within the same species of limited region as are his own. He passes to and fro, at regular intervals, within a confined periphery, abounding in individuals who are led to observation of his person through interest in the kindred nature of his occupation with their own. But the walks of Marie may, in general, be supposed discursive. In this particular instance, it will be understood as most probable, that she proceeded upon a route of more than average diversity from her accustomed ones. The parallel which we imagine to have existed in the mind of Le Commerciel would only be sustained in the event of the two individuals traversing the whole city. In this case, granting the personal acquaintances to be equal, the