evidence drawn from the likeness of a reconstructed body, were so many evidentiary facts or infirmative suppositions strongly in favor of innocence. It is curious that the block of mineral teeth was only accidentally preserved, having been found so near the bottom of the furnace as to take the current of cold air. It was resting on the grate.

age as well as the most civilized states of society, men are found trafficking upon the imbecile credulity of those still more deeply steeped in ignorance than themselves; and it is ever those regions of knowledge through which no royal highway has yet been beaten out by the true pioneers of science that are always most densely infested by these pernicious impostors. Of all physical arts and sciences none are less firmly established than physi

We need not linger over the uncertainties attaching to all evidence as to time and to hand-writing. The right appre-ology and therapeutics. And it is here ciation of the passage of time is so much that everywhere and at all times quacks, a matter of education, and the sense of charlatans, and knavish pretenders swarm the length or shortness of a particular period so much dependent on the stages of an occupation or the number and quality of the emotional epochs it happens to contain, that, where especial attention was not drawn to the matter of time at the moment of an occurrence, all past recollection is absolutely worthless as an evidentiary fact. As to handwriting, repeated experience has shown that infirmative suppositions founded on the possibility and frequency of fraud and delusions can not be too cautiously explored in eve

ry case.

We have now cursorily surveyed the whole field of evidentiary facts which are most familiarly presented in the species of investigation that has for its object the imputation of responsibility to the criminal law. We may close our examination of the general subject by briefly determining the proper use of circumstantial evidence in its relation to certain other special phenomena which are incessantly being obtruded on public attention, and the proper significance of which it may be well once for all, precisely and finally, to assign. There are two large classes of facts as to which human curiosity, restlessly incited by an infinitude of fears, hopes, necessities, and aspirations, has ever been outstripping the cautious advances of genuine science. To one of those classes belong all the successive stages of corporal infirmity, such as disease, age, and dissolution, as well as all real or alleged modes of repairing these disasters. The other class embraces all the imperfections and limitations attaching to man's mental and emotional condition, so far as that condition can be abstracted, at least provisionally, from his material constitution. In all ages, and in the most sav

with the most noxious prodigality. So hungry are men for life and health, that no magic tale of pharmaceutical virtue or flaming catalogue of accomplished cures can so much as generate a passing doubt or the most deferential inquiry. The vaster the promise, the more internecine the war waged with all traditional experience and constituted systems, the more authoritative seems the new power. Old knowledge "creeping on from point to point," has not cured all bodily pangs or much prolonged human life. It may be that a brighter and more beneficent career is open before the new, the untried, the revolutionary. On every report of a strange cure of an alleged disease, the following infirmative suppositions are looked upon as the mere intrusions of a jealous scepticism; first, that there was no real, or at least no such, disease to cure, the symptoms indeed appearing to be present, but not being due to that disease. Secondly, it may be the symptoms were mendaciously reported, and so, as before, there was no such disease to cure. Or, thirdly, the disease may have existed and been cured, but by the mere influence of the imagination, not by the operation of the supposed remedy, or else by the operation of some remedy other than that alleged. Fourthly, the disease may have gone of itself, and by the unknown healing power of nature, or by the cessation of the action of the morbific cause. Fifthly, the disease may not have been ultimately cured at all, but only the symptoms temporarily modified and allayed. Or lastly, the disease may not have been cured in any degree, the cessation of the symptoms being falsely reported, whether through delusion or mendacity, and whether on the part of the patient or the

medical practitioner. This instance of isfy these indefinite yearnings, which, in the application of infirmative suppositions the case of the vulgar, seem little better in matters of common life is thus carefully elaborated by Bentham himself. So much for the treatment of circumstantial evidence produced in favor of novel and yet unauthenticated modes of remedying the bodily infirmities of human life. As knowledge and education increase and moral habits of self-control become more largely diffused, those infirmities will become reduced in number and magnitude, and their true remedies ascertained.

than mental prostration before the might of physical laws, there has in no age or people been lacking a crop of impostors and self-deceiving enthusiasts. Their tales of converse with those on earth no longer, of arbitrary interferences with eternal laws of nature, of ghastly apparitions of the dead or the dying, and of weirdlike gazing into future times and distant scenes, in fact, of all that is at once unfamiliar, inharmonious, and revolting to To the other class of abnormal facts to purer souls, are listened to with greedy which we proceed, there is no such pros- ears and "bated breath." An everlastpective close. These are likely to prove ing problem might well give birth to an coeval with human intellect and its lim- infinitude of attempted solutions; but itations. Man no sooner learns to exer- there is a weighty presumption neverthecise his mental faculties, to observe, to less against any given solution not being compare, to analyze, as well as to feel erroneous. In every tale of the kind the and to construct, than he is chilled and following infirmative suppositions may daunted by the fearful barriers that hem properly be applied. First (assuming the him in on every side. Ever as he is reporter to profess to have witnessed the struggling over the boundary wall, he is abnormal facts himself, an almost unexhurled back again and again into the ampled case), he may be telling what he abyss of ignorance. He is overborne by himself well knows to be false; liars are the weight of the body, by the dull slug- at least more habitual visitants than spirgishness of his fellow men, and by the its. Secondly, the reporter may be tellnear approach of the inevitable tomb. ing what he believes to be true, but his His loftiest thoughts, his worthiest emo- optical vision was impaired by disease or tions, his deeds of lonely virtue and life- temporary disturbance; or thirdly, his long self-sacrifice, seem to be wasted eye was sound, but his brain was disorwithout recognition or effect. He stands dered; or fourthly, his eye and his brain alone, (as Pascal said,) a monument of were sound, but some accidental and megreatness, because he is so miserable, and chanical situation of certain objects caused of misery, because he is so great. What them to present the unusual appearance wonder, then, that man has in all ages in question, and he forebore to verify fretted against the confines of his knowl- its true nature; or, fifthly, the appearedge and his being?-if he has impa- ance was the intentional result of artifice tiently asked of the dead whether a bea- or sport, on the part of persons unknown. con can be descried on the horizon of All and each of these hypotheses have at that bottomless ocean into which they least the advantage of involving only have been launched? Unsatisfied and familiar and common phenomena; they stunted on earth, man shall triumph and sufficiently account for all the appearfulfill an everlasting destiny in some ances to be explained, and they admit world eye hath not seen nor ear heard. generally of instant and complete verifiSuch have been the glowing aspirations cation, if any one cares to apply the test. of all the best and wisest of men; the The other remaining hypothesis, that meanest and most worthless are not with- there was a supernatural agent concerned, out a glimmering reflexion of them. The from the very meaning of the term "suformer find repose in religions and the-pernatural," can never be a matter of ologies; the latter a lulling stupor in spiritualism and all the brood of thaumaturgy and necromancy. Countless grades connect together the two classes of mankind, as also the forms of belief in which they severally find consolation. To sat

verification or proof; for we have sufficiently shown throughout this inquiry that all proof presupposes past regularity or repeated succession: that we can only conclude that one fact does or will follow from another, because it has often or al

ways been observed to follow from such facts, we could predicate with unfailing another on previous occasions. But where certainty of a given fact, its past and a fact is alleged quite alien to this order, future occurrence or non-occurrence. untrammelled by any fixed relations what- The given fact is in itself absolutely cerever that are cognizable by our senses, it tain either to occur or not to occur, to is one as to the operation of which in the have occurred or not to have occurred. way of causation we can predicate abso- It is only our own limited faculties and lutely nothing. An alleged supernatu- partial experience that import any hesiral agent is such. It will always rightly tation into our mode of speaking about seem to be more conformable to the or- it. As it is, every man, only according der of nature, that delusion or deception to his own specific experience and inforor a compound of both are at work, than mation, can have a proportionate amount that a fact without any parallel in gen- of assurance about the occurrence of a eral experience, and over-riding by its given fact. A person with still more effects laws established by universal ex- limited faculties than ours, still less experience, has been observed by a limited perience, such as a very young child or number of men. In the name of our an idiot, would (as Bentham says), "upon very assurance of uniformity we can not the credit of a bare assertion uttered by be called upon to believe in non-con- any person of his acquaintance, give formity. For it is only from such as- credit to one fact as readily as to anothsurance that we believe anything at all. er: to a fact the most devious and exIt is further to be noticed, that whenever traordinary in degree and specie, as well such facts are or have been alleged to oc- as the most ordinary fact: to the existcur as Bentham observes (1), "none has ence of a ghost or a devil, as well as to been ever established by that sort of evi- that of a man: to the existence of a man dence which, under the best system of sixty feet high, or no more than six procedure, is considered as the best evi- inches, as well as to that of a man of six dence extracted in the best manner; (2) feet: to the existence of a nation of Cysuch facts are seldom represented any-clopes, with one eye each, and that in where, never in the face of justice, as the middle of the forehead, as well as to having manifested themselves in the the existence of a nation with two eyes presence of divers persons at the same in their ordinary place." This considertime; and (3) the facts in question thus ation can not be insisted upon too strongreported are never of the permanent, ly, because it at once serves to dispel all but always of the evanescent kind." the illusory mists that distort the true Not that men's fearfulness and cramped interpretation of such words as "probaintelligence will permit them to lend an ble" and "possible." We each of us ear to Understanding, when she utters have a certain standard of experienced her voice in the streets; nor so long as and recorded occurrences, either noted it is more stimulating and luxurious to by ourselves or other men, to whom, for bask in the fitful blaze of error, is it like- good reasons, we give credit, by which ly men will come eagerly and thankfully we weigh and try every fresh fact of to the clear sunlight of unadorned and which the occurence is alleged as having unromantic truth. taken place, or being about to take place hereafter.

as the

The subject will be appropriately closed with a few words on the true meaning of the terms "probability" and "possibility," and their converse "improbability" and impossibility." We saw that owing to our imperfect acquaintance with all the facts of the physical and psychological world, and their relations, we can never accurately estimate the true likelihood or unlikelihood (though these very terms are misleading) of a given fact occurring or having occurred. If we were perfectly acquainted with all those

If the fresh fact alleged finds its place readily among those recorded-if it is found to form one of them, or aptly to harmonize with them-we call it probable; if not, improbable. If the fresh fact does not form one of those recorded, and is of a different kind from any of them, but is not opposed to them, or out of harmony with them, we speak of that fact as being possible, but not probable. If, again, the fresh fact is not only out of all harmony with those previously experienced, but is

the direct denial of our generalization | pet hero, among ancient instances and from them, so that the previous generali- personages and down to our days; but zation and the fresh fact can not stand to- we beg to pronounce, on our own individgether, we use a provisional expression ual account, in favor of Arminius Vamto denote this, and call the fact impossible. bery, a Hungarian gentleman of scienThe fact may none the less be a real oc- tific tastes and fame, who commenced, in currence; and in that case it proves that 1863, one of the most wonderful and the generalization was premature, and perilous journeys ever undertaken by a that a sequence we too precipitately sup- traveler, and who has recorded his posed to be universal was, in fact, sub- achievements in one of the simplest and ject to exception. It has been truly most unpretending books ever written. said by Mr. Mill "that the most import- In every point of view, this gentleman's ant of all discoveries in physics have undertaking presents itself in a surprisbeen those whereby what were before ing form. It has been truly, if roughly, imagined to be the universal laws of na- said of African travel: "Money and ture have been proved to be subject to pluck will do it." But "money" would exception." Thus while an alleged fact not have done anything for Arminius may be rightly treated as in the highest Vambery, except assure his prompt disdegree "improbable," no alleged fact covery and inevitable slavery, if not murwhatever can be termed (except provis- der, and "pluck" was the least of the ionally) "impossible." The proof indeed, qualities which he needed; not for a of a fact opposed by an enormous weight start, not for emergencies, nor at interof improbability may be little less arduous vals, but for his steady, constant, incesthan if the fact really were impossible in sant inspiration, and for an indefinite peitself. Yet by no such vulgar and lazy riod, during which the pressure of an exsubterfuge as branding a strange story treme and deadly peril was never lifted with the stigma of incredibility can man off him for one instant. unrobe himself of his kingly responsibilities. For every fact alleged he is called upon to make an immediate reference, whether rapid and instinctive, or cautious and laborious, to the accumulated treasures of the world's experience, and to the life-long diary of his own personal observations. He must be ever prepared for the possibility of these severally needing amplification and reconstruction. He must learn in what cases he can never doubt too long or too anxiously, in what he can never believe too vehemently and courageously. Iufirmity of mind begets undue scepticism no less than credulous belief; and he who would not be duped by imbecile fanaticism and seductive imposture into believing all things. must clench some things with the gripe of a giant, and believe them with the simplicity of a little child.

Chambers's Journal.

FROM TEHERAN TO SAMARCAND. THERE are many kinds of courage, and it is a quality which has numerous standards. Every one is welcome to have his own ideal of heroism, and his own

There is no region in the world which is so vague and awful as that immense space on the earth's surface which we call Central Asia. There the mind is most fiercely and hopelessly baffled, when it strives to get at an unbroken, continuous view of the history of mankind. The life of savage nations is strange, but nevertheless it lies on the surface; it has no story of the past, it has ample possibilities for the future. But these Asian people-these fierce, fanatical, secret, reserved, suspicious, terrible people, denominated by a faith full of cruelty and childishness, of cunning and absurdity-these people, whose faculties of self-deception are boundless, whose aspirations are wholly sensual, and whose lives are full of incredible privation, imposed by their own inconceivable credulity-they are an insoluble problem, partly attractive, partly repulsive, but of evergrowing interest, as we learn to understand their overwhelming numbers, and the indomitable power of the faith of Islam..

It is at all times strange to think how much of the earth is desert. We take in the idea peacemeal: we talk of this desert and that, and give them names,

So this lame man leaves Teheran, one of a caravan of Hadjis, a wandering beggar; and as they advance towards the Elburz Mountains, chanting hymns from the Koran, he glances stealthily backwards at the gilded dome of Shah Abdul Azim, and so bids adieu to the last outpost of civilization. What an extraordiHe must have all these qualities nary company that must have been! But without their producing and sustaining when one reads this wonderful story, in cause; he must face the desert without which the writer makes so much of others the panting desire, the mad eagerness, and so little of himself, it produces an half faith, half vanity, which strengthen effect opposite to his intention, and one the muscles and swell the hearts of the is profoundly occupied with the man Hadjis, about to win eternal blessedness who did this wonderful thing. and temporal renown. He must be way is beautiful at first, for it lies through among them, always, scrupulously con- Mazendran; but the traveler is troubled cealing any interest in the features of in the enjoyment of its loveliness, for NEW SERIES-VOL. I., No. 6.