man.

was open to him to have alleged that the circumstance of his known hostility to the murdered man, marked as it was by the circulation of a pamphlet, had predisposed the minds of the servants; and accordingly, when they saw the disguised assassin, a person of the same stature and proportions as himself, they at once erroneously concluded that he was of necessity the The accused did indeed endeavour to make it appear that the woman with whom he cohabited might naturally entertain vindictive feelings; for he had refused to marry her, and intended to break off the connexion: and it might have been contended, with some colour of reason, that as she had contradicted herself in a matter of very great importance, and was therefore proved to be false, her testimony could not under any circumstances avail. Besides, it was admitted by implication in the opening speech of the counsel for the prosecution, that there was room for clear proof of an alibi,* and that such proof, if the prisoner could adduce it, would establish his innocence: did not the possibility then of this alibi shew the possibility of innocence? Ought men therefore, under

*"It would behove the prisoner (he said) to shew where he was at the time of the murder."

such circumstances, to accept the guilt of the accused as a fixed and certain truth, on which to adopt so serious a measure as the deliberate destruction of human life?

"Moreover, it has been recently stated in parliament, as a certain truth, that in England innocent men have not have not unfrequently been

hanged.

"But as regards the case of the soldier at Dover. Here in the first instance you had probable evidence of guilt; so that the jury would have convicted him, and he would actually have suffered punishment, had not witnesses, who knew him, shewn that he was asleep. May not what would have happened in his case, if there had not been such exculpatory testimony, happen in any case similar in all respects, save this, that equally strong evidence can not be brought forward in defence? And may not thus the most serious errors be committed?

"Under such difficulties therefore I crave further explanation and information."

D

CHAPTER VI.

ANSWERS TO THE OBJECTIONS OF THE PRECEDING CHAPTER.

We must now therefore endeavour to mitigate or to answer the objections of our inquirer, and accordingly we may perhaps be allowed to present to him some such observations as the following.

"You say that your experience is limited: you are yet but young. Be it so. But you therefore owe, and are probably willing to pay, respect to the declarations of others who have had opportunities of more extensive observation than yourself, and of whose honesty you are convinced. Such persons will unanimously testify what they have learned by many years' experience of the common affairs of life; i.e. that men both must and do continually act upon belief much less strong than is produced by means of the senses; upon inferences many degrees less close than those of mathematical proof; in short, upon the impressions caused by probable evidence.

Where indeed they can get such proof as you willingly admit, they gladly take it; but where it is not to be obtained, they are content with the lower sort. According to Jeremy Taylor, "in moral things there cannot ordinarily be a demonstrative or mathematical certainty; and in morality we call that certain, that is a thing to be followed and chosen, which oftentimes is but very highly probable; and many things do not attain that degree." Moreover, the experience of mankind in general convinces them, that by taking this highly probable evidence, they ordinarily obtain truth: after they have acted, fresh events continually arise, which verify the soundness of the principles on which they have proceeded.

66

Again, though it be confessed that your experience has been but short, still it may teach you much. Even in childhood persons are prepared for the difficulties of future life. As a child you received without hesitation whatever information or instruction was communicated by your parents or teachers; in fact, you placed confidence in their superior knowledge, and reverenced their authority. Living under a system of management and discipline, you were constantly obliged to judge upon probable evidence (even such as now creates difficulty to your mind),

what were the will and intentions of your superiors; of what they would be likely to approve, of what to disapprove. Again, you believed the statements of your schoolfellows and playmates in matters in which you were interested. If indeed experience proved that one of them was deceitful and treacherous, you knew how to estimate the value of such experience, and in cases where he might have a motive for falsehood, to doubt his truth. Still you knew how to discriminate between him and others who had never been suspected.

"Even at this early period of life, a number of slight circumstances, which when isolated shewed nothing, did by their combined effect frequently manifest the characters of those with whom you were connected, and accordingly did influence your conduct. conduct. It is possible that you may have even been required to judge between conflicting probabilities. At all events, you were continually compelled to appreciate the force of probable evidence, and were thus ordinarily led to truth, of which truth subsequent experience has no doubt supplied numerous verifications.

"But we may probe this matter more deeply. It is clear that you will not, neither ought you to stop at this point of your investigation. You