CHAPTER II.

ASCERTAINMENT OF SIMPLE FACTS IN THEIR ORDER.--PERSONAL OBSERVATION.

--HEARSAY EVIDENCE--METHOD OF TESTING TRADITIONAL EVIDENCE.

All beliefs as to simple matter of fact must rest ultimately on

observation. But, of course, we believe many things to have happened

that we have never seen. As Chaucer says:--

But God forbede but men shoulde 'lieve

Wel more thing than men han seen with eye.

Man shall not weenen everything a lie

But if himself it seeth or else doth.

For the great bulk of matters of fact that we believe we are

necessarily dependent on the observations of others. And if we are

to apply scientific method to the ascertainment of this, we must know

what errors we are liable to in our recollections of what we have

ourselves witnessed, and what errors are apt to arise in the tradition

of what purports to be the evidence of eye-witnesses.

I.--PERSONAL OBSERVATION.

It is hard to convince anybody that he cannot trust implicitly to his

memory of what he has himself seen. We are ready enough to believe

that others may be deceived: but not our own senses. Seeing is

believing. It is well, however, that we should realise that all

observation is fallible, even our own.

Three great besetting fallacies or tendencies to error may be

specified:--

1. Liability to have the attention fastened on special incidents, and

so diverted from other parts of the occurrence.

2. Liability to confuse and transpose the sequence of events.

3. Liability to substitute inference for fact.

It is upon the first of these weaknesses in man as an observing

machine that jugglers chiefly depend on working their marvels. Sleight

of hand counts for much, but diverting the spectator's eyes for a good

deal more. That is why they have music played and patter incessantly

as they operate. Their patter is not purposeless: it is calculated to

turn our eyes away from the movements of their nimble hands.

It must be borne in mind that in any field of vision there are many

objects, and that in any rapid succession of incidents much more

passes before the eyes than the memory can retain in its exact

order. It is of course in moments of excitement and hurry, when our

observation is distracted, that we are most subject to fallacious

illusions of memory. Unconsciously we make a coherent picture of what

we have seen, and very often it happens that the sequence of events

is not what actually passed, but what we were prejudiced in favour of

seeing. Hence the unlikelihood of finding exact agreement among the

witnesses of any exciting occurrence, a quarrel, a railway accident, a

collision at sea, the incidents of a battle.

"It commonly happens," says Mr. Kinglake,[1] "that incidents occurring

in a battle are told by the most truthful bystanders with differences

more or less wide." In the attack on the Great Redoubt in the Battle

of the Alma, a young officer, Anstruther, rushed forward and planted

the colours of the Royal Welsh--but where? Some distinctly remembered

seeing him dig the butt-end of the flagstaff into the parapet: others

as distinctly remembered seeing him fall several paces before he

reached it. Similarly with the incidents of the death of the Prince

Imperial near the Italezi Hills in the Zulu War. He was out as a

volunteer with a reconnoitring party. They had off-saddled at a kraal

and were resting, when a band of Zulus crept up through the long

grass, and suddenly opened fire and made a rush forward. Our scouts

at once took horse, as a reconnoitring party was bound to do, and

scampered off, but the Prince was overtaken and killed. At the

Court-Martial which ensued, the five troopers gave the most

conflicting accounts of particulars which an unskilled investigator

would think could not possibly have been mistaken by eye-witnesses of

the same event. One said that the Prince had given the order to mount

before the Zulus fired: another that he gave the order directly after:

a third was positive that he never gave the order at all, but that it

was given after the surprise by the officer in command. One said that

he saw the Prince vault into the saddle as he gave the order: another

that his horse bolted as he laid hold of the saddle, and that he ran

alongside trying to get up.

The evidence before any Court of Inquiry into an exciting occurrence

is almost certain to reveal similar discrepancies. But what we find it

hard to realise is that we ourselves can possibly be mistaken in what

we have a distinct and positive recollection of having seen. It once

happened to myself in a London street to see a drunken woman

thrown under a cab by her husband. Two cabs were running along, a

four-wheeler and a hansom: the woman staggered almost under the first,

and was thrown under the second. As it happened the case never got

beyond the police station to which the parties were conveyed after

fierce opposition from some neighbours, who sympathised entirely with

the man. The woman herself, when her wounds were dressed, acknowledged

the justice of her punishment, and refused to charge her husband. I

was all the more willing to acquiesce in this because I found

that while I had the most distinct impression of having seen the

four-wheeler run over the woman's body, and should have been obliged

to swear accordingly, there could be no doubt that it was really

the hansom that had done so. This was not only the evidence of the

neighbours, which I suspected at the time of being a trick, but of the

cabdriver, who had stopped at the moment to abide the results of the

accident. I afterwards had the curiosity to ask an eminent police

magistrate, Sir John Bridge, whether this illusion of memory on my

part--which I can only account for by supposing that my eyes had

been fixed on the sufferer and that I had unconsciously referred her

injuries to the heavier vehicle--would have entirely discredited my

testimony in his Court. His answer was that it would not; that he was

constantly meeting with such errors, and that if he found a number of

witnesses of the same occurrence exactly agreed in every particular,

he would suspect that they had talked the matter over and agreed upon

what they were to say. This was the opinion of an experienced judge,

a skilled critic of the defects of personal observation. An Old Bailey

counsel for the defence, who is equally acquainted with the weakness

of human memory, takes advantage of the fact that it is not generally

understood by a Jury, and makes the fallacious assumption that glaring

discrepancies are irreconcilable with the good faith of the witnesses

who differ.[2]

II.--TRADITION.--HEARSAY EVIDENCE.

Next in value to personal observation, we must place the report, oral

or written, of an eye-witness. This is the best evidence we can get

if we have not witnessed an occurrence ourselves. Yet Courts of Law,

which in consideration of the defects of personal observation require

more than one witness to establish the truth, exclude hearsay evidence

altogether in certain cases, and not without reason.

In hearing a report we are in the position of observers of a series

of significant sounds, and we are subject to all the fallacies of

observation already mentioned. In an aggravated degree, for words are

harder to observe than visible things. Our attention is apt to be more

listless than in presence of the actual events. Our minds dwell upon

parts of the narrative to the neglect of other parts, and in the

coherent story or description that we retain in our memories,

sequences are apt to be altered and missing links supplied in

accordance with what we were predisposed to hear. Thus hearsay

evidence is subject to all the imperfections of the original observer,

in addition to the still more insidious imperfections of the second

observer.

How quickly in the course of a few such transmissions hearsay loses

all evidentiary value is simply illustrated by the game known as

Russian Scandal. One of a company, A, writes down a short tale or

sketch, and reads it to B. B repeats it to C, C to D, and so on. When

it has thus gone the round of the company, the last hearer writes

down his version, and it is compared with the original. With every

willingness to play fair, the changes are generally considerable and

significant.

Sometimes it is possible to compare an oral tradition with a

contemporary written record. In one of Mr. Hayward's Essays--"The

Pearls and Mock Pearls of History"--there are some examples of this

disenchanting process. There is, for instance, a pretty story of an

exchange of courtesies between the leaders of the French and English

Guards at the battle of Fontenoy. The tradition runs that Lord Charles

Hay stepped in front of his men and invited the French Guards to fire,

to which M. d'Auteroche with no less chivalry responded: "Monsieur, we

never fire first; you fire". What really passed we learn from a

letter from Lord Charles Hay to his mother, which happens to have

been preserved. "I advanced before our regiment, and drank to the

Frenchmen, and told them we were the English Guards, and hoped they

would stand till we came, and not swim the Scheldt as they did the

Maine at Dettingen." Tradition has changed this lively piece of

buffoonery into an act of stately and romantic courtesy. The change

was probably made quite unconsciously by some tenth or hundredth

transmitter, who remembered only part of the story, and dressed the

remainder to suit his own fancy.

The question has been raised, For how long can oral tradition be

trusted? Newton was of opinion that it might be trusted for eighty

years after the event. Others have named forty years. But if this

means that we may believe a story that we find in circulation forty

years after the alleged events, it is wildly extravagant. It does

injustice to the Mythop[oe]ic Faculty of man. The period of time that

suffices for the creation of a full-blown myth, must be measured

by hours rather than by years. I will give an instance from my own

observation, if that has not been entirely discredited by my previous

confessions. The bazaars of the East are generally supposed to be

the peculiar home of myth, hotbeds in which myths grow with the most

amazing speed, but the locality of my myth is Aberdeen. In the summer

of 1887 our town set up in one of its steeples a very fine carillon

of Belgian bells. There was much public excitement over the event: the

descriptions of enthusiastic promoters had prepared us to hear silvery

music floating all over the town and filling the whole air. On the day

fixed for the inauguration, four hours after the time announced for

the first ceremonial peal, not having heard the bells, I was in a shop

and asked if anything had happened to put off the ceremony. "Yes,"

I was told; "there had been an accident; they had not been properly

hung, and when the wife of the Lord Provost had taken hold of a string

to give the first pull, the whole machinery had come down." As a

matter of fact all that had happened was that the sound of the bells

was faint, barely audible a hundred yards from the belfry, and not at

all like what had been expected. There were hundreds of people in the

streets, and the myth had originated somehow among those who had

not heard what they went out to hear. The shop where it was repeated

circumstantially to me was in the main street, not more than a quarter

of a mile from where the carillon had been played in the hearing of

a large but disappointed crowd. I could not help reflecting that if I

had been a mediaeval chronicler, I should have gone home and recorded

the story, which continued to circulate for some days in spite of

the newspapers: and two hundred years hence no historian would have

ventured to challenge the truth of the contemporary evidence.

III.--METHOD OF TESTING TRADITIONAL EVIDENCE.

It is obvious that the tests applied to descriptive testimony in

Courts of Law cannot be applied to the assertions of History. It is

a supreme canon of historical evidence that only the statements of

contemporaries can be admitted: but most even of their statements must

rest on hearsay, and even when the historian professes to have been an

eye-witness, the range of his observation is necessarily limited, and

he cannot be put into the witness-box and cross-examined. Is there

then no way of ascertaining historical fact? Must we reject history as

altogether unworthy of credit?

The rational conclusion only is that very few facts can be established

by descriptive testimony such as would satisfy a Court of Law. Those

who look for such ascertainment are on a wrong track, and are doomed

to disappointment. It is told of Sir Walter Raleigh that when he was

writing his History of the World, he heard from his prison in the

Tower a quarrel outside, tried to find out the rights and the wrongs

and the course of it, and failing to satisfy himself after careful

inquiry, asked in despair how he could pretend to write the history

of the world when he could not find out the truth about what occurred

under his own windows. But this was really to set up an impossible

standard of historical evidence.

The method of testing historical evidence follows rather the lines

of the Newtonian method of Explanation, which we shall afterwards

describe. We must treat any historical record as being itself in the

first place a fact to be explained. The statement at least is extant:

our first question is, What is the most rational way of accounting

for it? Can it be accounted for most probably by supposing the event

stated to have really occurred with all the circumstances alleged? Or

is it a more probable hypothesis that it was the result of an illusion

of memory on the part of the original observer, if it professes to

be the record of an eye-witness, or on the part of some intermediate

transmitter, if it is the record of a tradition? To qualify ourselves

to answer the latter kind of question with reasonable probability

we must acquaint ourselves with the various tendencies to error in

personal observation and in tradition, and examine how far any of

them are likely to have operated in the given case. We must study the

operation of these tendencies within our experience, and apply the

knowledge thus gained. We must learn from actual observation of facts

what the Mythop[oe]ic Faculty is capable of in the way of creation

and transmutation, and what feats are beyond its powers, and then

determine with as near a probability as we can how far it has been

active in the particular case before us.

[Footnote 1: _The Invasion of the Crimea_, iii. 124]

[Footnote 2: The truth is, that we see much less than is

commonly supposed. Not every impression is attended to that

is made on the retina, and unless we do attend we cannot,

properly speaking, be said to see. Walking across to college

one day, I was startled by seeing on the face of a clock in

my way that it was ten minutes to twelve, whereas I generally

passed that spot about twenty minutes to twelve. I hurried

on, fearing to be late, and on my arrival found myself in very

good time. On my way back, passing the clock again, I looked

up to see how much it was fast. It marked ten minutes to

eight. It had stopped at that time. When I passed before I

had really seen only the minute hand. The whole dial must have

been on my retina, but I had looked at or attended to only

what I was in doubt about, taking the hour for granted. I am

bound to add that my business friends hint that it is only

absorbed students that are capable of such mistakes, and that

alert men of business are more circumspect. That can only be

because they are more alive to the danger of error.]

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