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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 chances would be also equal that an equal number of personal encounters would be made. For my own part, I should hold it not only as possible, but as very far more 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 vast 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 things 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 outrage 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 connection 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.