‘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 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 re-appeared 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 mas 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 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 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. Wha
t 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.1
‘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 anything to do with the proceedings except himself.” It seems to me 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 chances would be also equal that an equal number of personal rencounters would be made. For my own part, I should hold it not only as possible, but as very far more than probable, that Marie might have proceeded, at any given period, by any one of the many routes between her own residence and that of her aunt, without meeting a single individual whom she knew, or by whom she was known. In viewing this question in its full and proper light, we must hold steadily in mind the great disproportion between the personal acquaintances of even the most noted individual in Paris, and the entire population of Paris itself.
‘But whatever force there may still appear to be in the suggestion of Le Commerciel, will be much diminished when we take into consideration the hour at which the girl went abroad. “It was when the streets were full of people,” says Le Commerciel, “that she went out.” But not so. It was at nine o’clock in the morning. Now at nine o’clock of every morning in the week, with the exception of Sunday, the streets of the city are, it is true, thronged with people. At nine on Sunday, the populace are chiefly within doors preparing for church. No observing person can have failed to notice the peculiarly deserted air of the town, from about eight until ten on the morning of every Sabbath. Between ten and eleven the streets are thronged, but not at so early a period as that designated.
‘There is another point at which there seems a deficiency of observation on the part of Le Commerciel. “A piece,” it says, “of one of the unfortunate girl’s petticoats, two feet long, and one foot wide, was torn out and tied under her chin, and around the back of her head, probably to prevent screams. This was done by fellows who had no pocket-handkerchiefs.” Whether this idea is, or is not well founded, we will endeavor to see hereafter; but by “fellows who have no pocket-handkerchiefs,” the editor intends the lowest class of ruffians. These, however, are the very description of people who will always be found to have handkerchiefs even when destitute of shirts. You must have had occasion to observe how absolutely indispensable, of late years, to the thorough blackguard, has become the pocket-handkerchief.’
‘And what are we to think,’ I asked, ‘of the article in Le Soleil?’
‘That it is a pity its inditer was not born a parrot—in which case he would have been the most illustrious parrot of his race. He has merely repeated the individual items of the already published opinion; collecting them, with a laudable industry, from this paper and from that. “The th
ings had all evidently been there,” he says, “at least, three or four weeks, and there can be no doubt that the spot of this appalling out-rage has been discovered.” The facts here re-stated by Le Soleil, are very far indeed from removing my own doubts upon this subject, and we will examine them more particularly hereafter in connexion with another division of the theme.
‘At present we must occupy ourselves with other investigations. You cannot fail to have remarked the extreme laxity of the examination of the corpse. To be sure, the question of identity was readily determined, or should have been; but there were other points to be ascertained. Had the body been in any respect despoiled? Had the deceased any articles of jewelry about her person upon leaving home? if so, had she any when found? These are important questions utterly untouched by the evidence; and there are others of equal moment, which have met with no attention. We must endeavor to satisfy ourselves by personal inquiry. The case of St Eustache must be re-examined. I have no suspicion of this person; but let us proceed methodically. We will ascertain beyond a doubt the validity of the affidavits in regard to his whereabouts on the Sunday. Affidavits of this character are readily made matter of mystification. Should there be nothing wrong here, however, we will dismiss St Eustache from our investigations. His suicide, however corroborative of suspicion, were there found to be deceit in the affidavits, is, without such deceit, in no respect an unaccountable circumstance, or one which need cause us to deflect from the line of ordinary analysis.
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