The New York herald., 1872-09-22

in which the in tense interest attaching them has
been caused by testimony OF this character. Ihere
always exist In such instances strong reasons Tor
doubts, for hopes and for fears, and they nave
generally been selected by dramatists for the orlg
by the thread Of logic which NAV be weaving in a
Jurors mind, and the strength OF which he knows
not there can be more terrible ordeal OF suspense
and dread.
THE RECOGNITION OF INDIVIDUALS
is one ofthe most difficult kinds OF evidence to he
critically weighed in the balance OF justice. There
are to be taken INTO consideration so
many contingencies OF memory forgetfu-
ness lapse cn.r Of time G change ae S looks dress
ing circumstances that only positive cases of iden-
saSn wsTtRSpS By n proof nSd be
1ienF errors IL .lls instance is where imagination
takes the place OF memory and recollection and
sometimes long contemplation on the
ent in thought BY Coincidence 0a'c Of circamstances
or the force OF popular tide of sentiment leads to
the frm conviction that the face seen first belongs
to the personnel OF the last person seen. The eX-
pectation OF what one will behold in any one with
distinctly outlined as to conflict harshly with the
reality provided there Is the least resemblance be-
tween the two. Then, again, faces at certain
what they are at others. Age constantly causes
them TO undergo change, and care and mental
agony have like effect, which is often ascribed to
the same cause.
THE CHANGES OF PASSION.
But the alteration is often transltory; some pas
sion, as gref J0y anger, fear, will produce nStan-
taneous and often startling change. There Is
certain look about the human lineaments in which
the muscles are contracted by sudden guilty terror
or fear which Is the same in all faces when under
the same influence. The lines OF the features grow
into sudden simtude, and one OF the most DIM
cult things In the part that witness has to play in
the giving of evidence Is that OF Identifying face
which was seen in this state with that of another
which Is seen at rest or controlled by opposite
emotions.
THE DOUBLE OF CHARLES DARNAY.
An instance similar to this Is one OF the finest
of Two Cities" in the trial of Charles Darnay. the
double ofCarton for high treason. Wkile the loose,
dissipated and devil-may-care barrister was loung
ing on one Of the lawyers seats within the railing
OF the court room the keenest spectator would
OF these two, whose lives were afterwards to be
knit so closely together When the listlessness OF
Incidence was shaken Off and the man stood up in
Court animated by purpose, the people and
officers and jurymen were overwhelmed with the
strange similarity between the accused and the
lawyer Dickens says
singular circumstance then arose in the case. The
object IN hand beng to show that the prisoner went
%a ON that IN Ye years
s he S Of n6 e @ in hs but NIGHT d H Se S S at ai
back some dozen miles or more to garrison and dock
called to identity him having been at the precise time
indicated in the coffee room of hotel in that garrison
prisoners counse was xamining this witness with
time been looking at the ceiling OF the court wrote
and tossed him opening ths in ths
You say again you are quite sure that it the
The witness was quite sure.
Not like (he witness said as that he could be mis-
faa wR nn %S na
Ae e sSeR like ws each She s How say your
E %S nc %sse s
cienty like each other surprise only the witness but
parisCn LoTd being prayed 10 bid learned friend
Sss sis I % or
inquired Of Mr. Sryyer the prisoners counseD whether
to a% he
would have been 50 confident he had seen this isra
s' SS,
% @ Ss nss to hs and
And then the case went on and at length the
Jury retired. Mr.. Carton who had so long sat look
ing at the ceiling, changed neither his place his
attitude, even in this excitement while my learned
friend Mr. Stryver, massing his papers before him,
whispered with those who sat near, and from time
to time glanced anxtOusly at the jury; while all
the spectators moved more or less and grouped
themselves anew; while even My Lord himself
his platform, not unattended by suspicion in the
| minds OF the audience that his state was fever
his torn gown half Off him and his untidy wig put
on Just as 1t had happened to light on his head after
its removal his hands In his pockets and his eyes
| on the ceiling, as they had been all day. Some
| thing especially reckless in his demeanor not only
gave him dsreputable look. Dut so diminished
the strong resemblance he undoubtedly bore to the
prisoner (which his mOmentary earnestness, when
they were compared together had strengthened)
that many OF the lockers on, taking note Of him
now, said to one another they would hardly have
thought the two were so alike. Mr.. Cruncher made
the observation to his next neignbor and added,
any, do he ?"
NORMAL AND SUDDEN EXPRESSION.
The prisoner Forester in the proclamation for
his arrest by Chief KelsO, is described as having
black eyes and "a wild expression" Miss Keenan,
testified that the man whom she saw at the area
way OF Mr.. Nathan's house had "a wild look" but
brown eyes. II he whom she saw was in truth the
wretch who did the dastardy deed it is strange
that guilt and apprehension OF suspicion should
give him wild and even CHASTITY look when the
gasight blazed full in his face under the OBJ
expression Of Forester referred to by
Chief Kelso is normal characteristic Of
brown eyes instead OF black, and the resemblance
might be strengthened by the feeling of fear on the
THE DREss-A MERGERS MEMORY
The dress Is often more noticed than the person,
and this testimony Of Miss keenan, is another in
stance of this sort. There are thousands OF per-
sons who dress almost exactly alike, and the fact
leads to more instances of imaginary identity than
any other. Novelists who know human character
Is the following dialogue, which bears much resem-
blance to a cross-examination In court:-
MAY ask her appearance, sir Y' said Tressiian.
'Oh, sir" replied Mister Godthred, ~ promise
you she was In gentewoman's attire-a very
Iuuiu1 picdsiuk css, tHdL uiBub nave scTtcu
the Queen herself; for she had forepart with
body and sleeves of ginger colored satin, lined
with murrey taffeta and laid down and guarded
with two broad laces OF gold and silver. And her
hat sir, was truly the best fashioned thing that
have seen, being OF tawny tareta, embroidered
with scorpions Of Venice and having a border gar
nished with gold fringe. Touching her skirts, they
were in the old pass-derdnt fashion"
81 did not ask you OF her attire sir" said Tres
silian, but of her compexiOn-the color Of her
hair, her features ~
Touching her complexion" answered the mer-
Ger, 81 am not so special certain; but marked
that her fan had an ivory handle curiously inlaid,
and then again, as to the color OF her hair, why
can warrant, be It's hue what 1t might. that she
wore above 1t net Of green silk, parcel twisted
with gold"
"Amost mercerke memory" said Lambourne; !;
the gentleman asks him of the lady's beauty and
he talks OF her fine clothing"
SUSPICION.
Suspicion Is sometimes but step distant from
viction and especially in the minds OF those who
have not been used in their lives to carefully weigh