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, guided 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, en masse, 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. Anyone 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 re-adverting 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 neighbour, yet there are few instances in which anyone is prepared to give a281
- ↑ “A theory based on the qualities of an object, will prevent its being unfolded according to its objects; and he who arranges topics in reference to their causes, will cease to value them according to their results. Thus the jurisprudence of every nation will show that, when law becomes a science and a system, it ceases to be justice. The errors into which a blind devotion to principles of classification has led the common law, will be seen by observing how often the legislature has been obliged to come forward to restore the equity its scheme had lost.”—Landor
