“What I mean to say is, that it is the mingled epigram and melodrame of the idea, that Marie Rogêt still lives, rather than any true plausibility in this idea, which have suggested it to L’Etoile, and secured it a favorable reception with the public. Let us examine the heads of this journal’s argument; endeavoring to avoid the incoherence with which it is originally set forth.
“The first aim of the writer is to show, from the brevity of the interval between Marie’s disappearance and the finding of the floating corpse, that this corpse cannot be that of Marie. The reduction of this interval to its smallest possible dimension, becomes thus, at once, an object with the reasoner. In the rash pursuit of this object, he rushes into mere assumption at the outset. ‘It is folly to suppose,’ he says, ‘that the murder, if murder was committed on her body, could have been consummated soon enough to have enabled her murderers to throw the body into the river before midnight.’ We demand at once, and very naturally, why? Why is it folly to suppose that the murder was committed within five minutes after the girl’s quitting her mother’s house? Why is it folly to suppose that the murder was committed at any given period of the day? There have been assassinations at all hours. But, had the murder taken place at any moment between nine o’clock in the morning of Sunday, and a quarter before midnight, there would still have been time enough ‘to throw the body into the river before midnight.’ This assumption, then, amounts precisely to this—that the murder was not committed on Sunday at all—and, if we allow L’Etoile to assume this, we may permit it any liberties whatever. The paragraph beginning ‘It is folly to suppose that the murder, etc.,’ however it appears as printed in L’Etoile, may be imagined to have existed actually thus in the brain of its inditer—‘It is folly to suppose that the murder, if murder was committed on the body, could have been committed soon enough to have enabled her murderers to throw the body into the river before midnight; it is folly, we say, to suppose all this, and to suppose at the same time, (as we are resolved to suppose,) that the body was not thrown in until after midnight’—a sentence sufficiently inconsequential in itself, but not so utterly preposterous as the one printed.
“Were it my purpose,” continued Dupin, “merely to make out a case against this passage of L’Etoile’s argument, I might safely leave it where it is. It is not, however, with L’Etoile that we have to do, but with the truth. The sentence in question has but one meaning, as it stands; and this meaning I have fairly stated: but it is material that we go behind the mere words, for an idea which these words have obviously intended, and failed to convey. It was the design of the journalist to say that, at whatever period of the day or night of Sunday this murder was committed, it was improbable that the assassins would have ventured to bear the corpse to the river before midnight. And herein lies, really, the assumption of which I complain. It is assumed that the murder was committed at such a position, and under such circumstances, that the bearing it to the river became necessary. Now, the assassination might have taken place upon the river’s brink, or on the river itself; and, thus, the throwing the corpse in the water might have been resorted to, at any period of the day or night, as the most obvious and most immediate mode of disposal. You will understand that I suggest nothing here as probable, or as coincident with my own opinion. My design, so far, has no reference to the facts of the case. I wish merely to caution you against the whole tone of L’Etoile’s suggestion, by calling your attention to its ex parte character at the outset.
“Having prescribed thus a limit to suit its own preconceived notions; having assumed that, if this were the body of Marie, it could have been in the water but a very brief time; the journal goes on to say:
‘All experience has shown that drowned bodies, or bodies thrown into the water immediately after death by violence, require from six to ten days for sufficient decomposition to take place to bring them to the top of the water. Even when a cannon is fired over a corpse, and it rises before at least five or six days’ immersion, it sinks again if let alone.’
“These assertions have been tacitly received by every paper in Paris, with the exception of Le Moniteur.13 This latter print endeavors to combat that portion of the paragraph which has reference to ‘drowned bodies’ only, by citing some five or six instances in which the bodies of individuals known to be drowned were found floating after the lapse of less time than is insisted upon by L’Etoile. But there is something excessively unphilosophical in the attempt on the part of Le Moniteur, to rebut the general assertion of L’Etoile, by a citation of particular instances militating against that assertion. Had it been possible to adduce fifty instead of five examples of bodies found floating at the end of two or three days, these fifty examples could still have been properly regarded only as exceptions to L’Etoile’s rule, until such time as the rule itself should be confuted. Admitting the rule, (and this Le Moniteur does not deny, insisting merely upon its exceptions,) the argument of L’Etoile is suffered to remain in full force; for this argument does not pretend to involve more than a question of the probability of the body having risen to the surface in less than three days; and this probability will be in favor of L’Etoile’s position until the instances so childishly adduced shall be sufficient in number to establish an antagonistical rule.
“You will see at once that all argument upon this head should be urged, if at all, against the rule itself; and for this end we must examine the rationale of the rule. Now the human body, in general, is neither much lighter nor much heavier than the water of the Seine; that is to say, the specific gravity of the human body, in its natural condition, is about equal to the bulk of fresh water which it displaces. The bodies of fat and fleshy persons, with small bones, and of women generally, are lighter than those of the lean and large-boned, and of men; and the specific gravity of the water of a river is somewhat influenced by the presence of the tide from sea. But, leaving this tide out of question, it may be said that very few human bodies will sink at all, even in fresh water, of their own accord. Almost any one, falling into a river, will be enabled to float, if he suffer the specific gravity of the water fairly to be adduced in comparison with his own—that is to say, if he suffer his whole person to be immersed, with as little exception as possible. The proper position for one who cannot swim, is the upright position of the walker on land, with the head thrown fully back, and immersed; the mouth and nostrils alone remaining above the surface. Thus circumstanced, we shall find that we float without difficulty and without exertion. It is evident, however, that the gravities of the body, and of the bulk of water displaced, are very nicely balanced, and that a trifle will cause either to preponderate. An arm, for instance, uplifted from the water, and thus deprived of its support, is an additional weight sufficient to immerse the whole head, while the accidental aid of the smallest piece of timber will enable us to elevate the head so as to look about. Now, in the struggles of one unused to swimming, the arms are invariably thrown upwards, while an attempt is made to keep the head in its usual perpendicular position. The result is the immersion of the mouth and nostrils, and the inception, during efforts to breathe while beneath the surface, of water into the lungs. Much is also received into the stomach, and the whole body becomes heavier by the difference between the weight of the air originally distending these cavities, and that of the fluid which now fills them. This difference is sufficient to cause the body to sink, as a general rule; but is insufficient in the cases of individuals with small bones and an abnormal quantity of flaccid or fatty matter. Such individuals float even after drowning.
“The corpse, being supposed at the bottom of the river, will there remain until, by some means, its specific gravity again becomes less than that of the bulk of water which it displaces. This effect is brought about by decomposition, or otherwise. The result of decomposition is the generation of gas, distending the cellular tissues and all the cavities, and giving the puffed appearance which is so horrible. When this distension has so far progressed that the bulk of the corpse is mater
ially increased without a corresponding increase of mass or weight, its specific gravity becomes less than that of the water displaced, and it forthwith makes its appearance at the surface. But decomposition is modified by innumerable circumstances—is hastened or retarded by innumerable agencies; for example, by the heat or cold of the season, by the mineral impregnation or purity of the water, by its depth or shallowness, by its currency or stagnation, by the temperament of the body, by its infection or freedom from disease before death. Thus it is evident that we can assign no period, with any thing like accuracy, at which the corpse shall rise through decomposition. Under certain conditions this result would be brought about within an hour; under others, it might not take place at all. There are chemical infusions by which the animal frame can be preserved forever from corruption; the Bi-chloride of Mercury is one. But, apart from decomposition, there may be, and very usually is, a generation of gas within the stomach, from the acetous fermentation of vegetable matter (or within other cavities from other causes) sufficient to induce a distension which will bring the body to the surface. The effect produced by the firing of a cannon is that of simple vibration. This may either loosen the corpse from the soft mud or ooze in which it is imbedded, thus permitting it to rise when other agencies have already prepared it for so doing; or it may overcome the tenacity of some putrescent portions of the cellular tissue; allowing the cavities to distend under the influence of the gas.
“Having thus before us the whole philosophy of this subject, we can easily test by it the assertions of L’Etoile. ‘All experience shows,’ says this paper, ‘that drowned bodies, or bodies thrown into the water immediately after death by violence, require from six to ten days for sufficient decomposition to take place to bring them to the top of the water. Even when a cannon is fired over a corpse, and it rises before at least five or six days’ immersion, it sinks again if let alone.’
“The whole of this paragraph must now appear a tissue of inconsequence and incoherence. All experience does not show that ‘drowned bodies’ require from six to ten days for sufficient decomposition to take place to bring them to the surface. Both science and experience show that the period of their rising is, and necessarily must be, indeterminate. If, moreover, a body has risen to the surface through firing of cannon, it will not ‘sink again if let alone,’ until decomposition has so far progressed as to permit the escape of the generated gas. But I wish to call your attention to the distinction which is made between ‘drowned bodies,’ and ‘bodies thrown into the water immediately after death by violence.’ Although the writer admits the distinction, he yet includes them all in the same category. I have shown how it is that the body of a drowning man becomes specifically heavier than its bulk of water, and that he would not sink at all, except for the struggles 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 Rogêt, 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 his 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 Rogêt 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 h
ave 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 usual 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.14
The Paris Mysteries Page 7