Chapter 36

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.]