CIRCUMSTANTIAL EVIDENCE

Some of the letters from clergymen which have been called out by our

article on the part recently taken by them in scientific discussion

maintain that, although ministers may not be familiar with the facts

of science, many of them are fully competent to weigh the arguments

founded on these facts put forward by scientific men, and decide

whether they have proved their case or not; or, in other words, that

we were mistaken in saying that the theological seminaries did not

afford severe training in the use of the inductive process, and that

it could not be used effectively without knowledge of the matters on

which it was used. More than one of these letters points, in support

of this view, to the answer of the Rev. Dr. Taylor, of this city,

to Professor Huxley's lectures, published some weeks ago in the

_Tribune_, and we believe the _Tribune_ presented the author to the

public as "a trained logician."

We have accordingly turned to Dr. Taylor's letter and given it a

much more attentive reading than we confess we gave it when it first

appeared, for the purpose of seeing whether it was really true that

ministers were such dexterous and highly taught dialecticians that

they could overthrow a scientific man, even on a subject of which

they knew little or nothing--whether, in short, they could really

treat the question of evolution algebraically, and, by the mere aid

of signs of the meaning of which they were ignorant, put the Huxleys

and Darwins to confusion. For Dr. Taylor opens in this way:

"Let it be understood, then, that I have no fault to find with

Mr. Huxley as a discoverer of facts or as an exponent of

comparative anatomy. In both of these respects he is beyond all

praise of mine, and I am ready to sit at his feet; but when he

begins to reason from the facts which he sets forth, then, like

every other reasoner, he is amenable to the laws of

argumentation, and his conclusions are to be tested by the

relation which they bear to the premises which he has advanced,

and by the proof which he furnishes for the premises

themselves."

We pass over, as of no consequence for our present purpose, the

various exceptions which he then takes to Huxley's arrangement of

his lectures, to the tone of his exceptions, and to his mode of

referring to the biblical hypothesis, and come to what he has to say

of Huxley's evidence, which he truly calls "circumstantial

evidence." The first thing he does is to define circumstantial

evidence; but here, at the very outset, we have been surprised to

find a logician who conceives himself capable of overhauling the

argumentation of the masters of science, going to a lawyer to get

"a statement of the principles which regulate the value of

circumstantial evidence." This is a matter which lay logicians

usually have at their fingers' ends, and we have never known one yet

who would not be puzzled by a suggestion that he should do as Dr.

Taylor did--go to a "distinguished legal friend" for information as

to the conditions of this kind of proof. For, as we have more than

once pointed out, lawyers, as such, have no special skill or

training in the use of circumstantial evidence as scientific men

know it--that is, as evidence which derives all its force from

the laws of the human mind. The circumstantial evidence with

which lawyers, _quâ_ lawyers, are familiar under our system of

jurisprudence is an artificial thing created by legislation or

custom, with the object of preventing the minds of the jury--

presumably a body of untrained and unlearned men--from being

confused or led astray. Moreover, they are only familiar with its

use in one very narrow field--human conduct under one set of social

conditions. For example, a lawyer might be a very good judge of

circumstantial evidence in America, and a very poor one in India or

China; might have a keen eye for the probable or improbable in a New

England village, and none at all in a Prussian barrack.

A familiar illustration of the restrictions on his experience of it

is to be found in the rule which compels the calling of "experts"

when there is a question as to any point of science or art. "The

words science or art," says Mr. Fitzjames Stephen, "include all

subjects on which a _course of special study or experience is

necessary to the formation of an opinion_," and the opinion of such

an expert is a "relevant fact." So that Dr. Taylor's "distinguished

legal friend," if a good lawyer, would not, in spite of his

proficiency in circumstantial evidence, undertake to dispute with

Professor Huxley about the relation of the anchitherium, hipparion,

and horse; and if Dr. Taylor offered himself for examination on such

a point he would be laughed out of court. In none of our courts is

the presentation allowed of _all_ the circumstances which strengthen

or weaken a probability.

A lawyer, therefore, though he might not be as ill fitted for a

scientific discussion as a minister, is, _as such_, hardly more of

an authority on the force and limits of that portion of scientific

proof which is drawn from simple observation. Dr. Taylor's

consulting one as a final authority as to the very nature of the

argument on which he was himself about to sit in judgment is at the

outset a suspicious incident. The definition of circumstantial

evidence which he got from his legal friend was this:

"The process of proof by circumstantial evidence consists in

reasoning from such facts as are known or proved, and thence

establishing such as are conjectured to exist. The process is

fatally vicious, first, if any material circumstance from which

we seek to deduce the conclusion depends itself on conjecture;

and, second, if the known facts are not such as to exclude to a

reasonable degree of certainty every other hypothesis."

"Now, tried by these two tests," says Dr. Taylor, "the professor's

argument was a failure." Taking this definition as it stands,

however, we think it will not be difficult to show that Dr. Taylor

is not competent to apply the tests, or to say whether the

professor's argument is a failure or not.

It is hardly necessary to say that all the evidence in our

possession or attainable, with regard to the history of the earth

and of animal and vegetable life on its surface, is circumstantial

evidence. The sciences of geology, palaeontology, and, to a certain

extent, biology are sciences of observation, and but few of their

conclusions can be reached or tested by experimentation. They are

the result of a collection of facts, observed in various places, at

various times, and by various persons, and variously related to

other facts; and the collection of these facts, and the arrangement

of them, and the formation of a judgment as to their value both

positive and relative, form the greater portion of the work of a

scientific man in these fields. Professor Huxley's argument, which

Dr. Taylor disposes of so summarily, consists of a series of

inferences from facts so collected and arranged. They are the things

"known or proved," on which, as his legal friend truly says, the

reasoning in the process of proof by circumstantial evidence must

rest.

Now, Dr. Taylor, by his own confession, is no authority in either

geology, biology, or palaeontology. He has neither collected,

observed, nor experimented in these fields. He does not know how

many facts have been discovered in them, or what bearing they have

on other facts in other fields. Therefore, he is entirely unable to

say whether Huxley is arguing from things "known or proved" or not.

Moreover, he does not, for similar reasons, know whether Huxley's

process has been "fatally vitiated" by the dependence of any

"material circumstance" on conjecture, or by the insufficiency of

the "known facts" to exclude every other hypothesis; for, first, he

does not know what is in geological, biological, or palaeontological

induction a "material circumstance"--nor does any man know except by

prolonged study and observation--and, second, he does not know

whether "the known or proved facts" are sufficient to exclude every

other hypothesis, because he neither knows what facts are known nor

what is the probative force of such as are known. We can, however,

make Dr. Taylor's position still clearer by a homely illustration. A

wild Indian will, owing to prolonged observation and great acuteness

of the senses, tell by a simple inspection of grass or leaf-covered

ground, on which a scholar will perceive nothing unusual whatever,

that a man has recently passed over it. He will tell whether he was

walking or running, whether he carried a burden, whether he was

young or old, and how long ago and what hour of the day he went by.

He reaches all his conclusions by circumstantial evidence of

precisely the same character as that used by the geologist, though

he knows nothing about the formal logic or the process of induction.

Now, what Dr. Taylor would have us believe is that he can come out

of his study and pass judgment on the Indian's reasoning without

being able to see one of the "known facts" on which the reasoning

rests, or appreciate in any degree which of them is material to the

conclusion and which is not, or even to conjecture whether, taken

together, they exclude the hypothesis that it was not a man but a

cow or a dog which passed over the ground, and not to-day but

yesterday that the marks were made.

Dr. Taylor further on makes a display of this inability to

appreciate the logical value of scientific facts by asking: "Where

is the evidence, scientific or other, that there was evolution? We

see these fossils (those of the horse). Huxley _says_ they are as

they are because the higher evolved itself out of the lower; we

_say_ they are as they are because God created them in series." To

recur to the former illustration, it is as if the Indian should show

Dr. Taylor the marks on which he relied in his induction, and the

doctor should calmly reply: "I see the marks; you _say_ they were

made by a man's foot in walking; I, who have never given any

attention to the subject, and have never been in the woods before,

_say_ they were made by the rain." The fact is that if there were

any weight whatever in this kind of talk--if no equality of

knowledge were necessary between two disputants--it would enable an

ignorant field-hand to sweep away in one sentence the whole science

of geology and palaeontology, and even astronomy, and to dispose of

every conclusion on any subject drawn from a skilled and experienced

balancing of probabilities, or nice mathematical calculation, by

simply saying that he was not satisfied with the proofs.

Dr. Taylor's reasons for believing that the appearance of fossil

horses with a diminishing number of toes is caused by the creation

at separate periods of a four-, a three-, a two-, and a one-toed

horse are, he says, "personal, philosophical, historical," and he

opposes them with the utmost apparent sincerity to Huxley's

assertion that "there can be no scientific evidence" of such

creation. The "personal reason" for believing in successive

creations of sets of horses with a varying number of toes can,

of course, only be the reason so often urged in ball-room

disputation--that "I _feel_ it must be so;" the "philosophic reason"

can only be the one with which those who have frequented the society

of metaphysicians are very familiar, namely, a deduction from some

eminent speculator's opinion about the nature of the Supreme Being,

the conclusion being apparently that if the Creator wished to

diminish the number of a horse's toes, it would not do for him to

let one drop into disuse and so gradually disappear, but he would

have to make a new horse, on a new design. What Dr. Taylor means by

the "historical reason" we can only conjecture from his saying that

it is of the same order as his historical reason for believing "that

the Bible is the Word of God." The historical reason for this, we

presume, is that there are various literary and traditional proofs

that the Old Testament was held to be the Word of God by the Jewish

nation at a very early period, and was by them transmitted as such

to the modern Christian world, and that many of the prophecies

contained in it have received partial or a complete fulfilment. But

how by a process of this kind, partly literary and partly

conjectural, and attended by great difficulties at every step, he

would reach a fact of _prehistoric times_ of so much gravity as

creation in series, we think it would puzzle Dr. Taylor to explain.

Indeed, the mere production in a controversy of this nature of these

vague fancies, half pious, half poetical, conjured up in most cases

as a help to mental peace, by a leading minister in the character of

a logician, is a very remarkable proof of the extent of those

defects in clerical education to which we recently called attention.

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