The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-08-15
MISTAKES OF IDENTITY.
DIFFTC'Cr TIES or ONE thAs OF
TuE, C,TELDsENsUPPE CASE.

dslenrNt Cu ITIut
u,,r s,rorn positively to Qualifications
ana N, ,,c Arcrunrd necn Proved to Have
vroep ,r,stnLeu-Cnsea Here Lnd Abroad.
EvIlo,v 20 ms to personal identity must enter
largely IL ito the approaching trial OF Mrs. Mack
and Mw tin Thorn, not only rs TO tho discov-
crcd..Su ,nins of Gicldscnsuppc, but also as to
tho two prisoners. Legally considered, the
whole trial will hinrc upon personal identity,
and H., seems certain that the defence will make
a str eng fight upon tho value OF that testimony.
plu, dcrs characterize many chapters In the
uor sl's story of personal Identity.
Z hc earliest known prosecutions most ro-
~. .,,ic one-which involved personal identity
,,rrcd in France In 1889. It was known as
-, cucrrc cause c(iebre, and O full report Of
\ yos made by NJ. Colas, an advocate OF
.,o rcriod. and can be read in the great public
r,rrnry ot Paris. Martin Guerre at tho worry
'aarly ',rc Of IL had as a villager In the prov
,m,r nf Biscay married o village belle known as
,,n, pcr,randc de Rolls, who was OF the Same
,xtrrmcly youthful age. For nine years they
Mood happily together. long childless until q
hov WAS horn. Ono day tho husband and
,n,hcr started upon n journey. and during eight
.uhscoucut years remained unheard Of by his
,ncl. Sith.whom he had lived, or by his wife.
Orr morning ut tho end of those years there
came into the village a discharged soldier,
ootsorc, weary, and bronzcd. who, upon being
first seen on tho thoroughfarc by Peter
Gucrrc, the uncle, was instantly recognized by
him MS the long.missinR Martin Guerrc. On
being escorted to his wife she, with great joy,
fell upon his neck and kissed him fondly. -Four
sisters of Martin-two Of them married-also
cffusively greeted him. as die the two brothers
in.law. And a general merrymaking ensuod.
The reunited pair again lived together happily
for three years. during which two children
were born to them. Suddenly the villagers
wcrc amazed to hear that Nine. Bcrtrande
Gucrre, accompanied by tho uncle, had visited
a magistrate of tho district, before whom each
had made oath that the returned husband
was an impostor and not Martin Guerre, and
asked,that for his deceit he DO prosecuted. APP
parcntly equally surprised with tho villagers,
Martin Gucrre protested that having recently
offended the uncle, who, during his long abb
sencc, had obtained much influence over his
niece by marriage, the two had unaccountably
and suddenly joined.in q conspiracy against
him, and not n few Of the spectators In the
magistrates court agreed that the wife, hav-
ing taken a dislike 10 him as a husband, had
devised this means of severing the tie.
In vain the Magistrate tried to procure from
wife and uncle some details as to their reasons for
their course. They simply averred that he was
an impostor, as they had recently discovered.
Vainly also the Magistrate asked the wife.
HOW Is IL pOSSiplo ohy "ho SouN AVA
three years with an. impostor husband, only to
discover tho fraud at SO late o dayi She per
sisted that she had been deceived. Tho boy,
now IL ycars.old, who had been born shortly be-
fore the fathers strange disappearance, was
brought into court, and his facial resemblance
TO the accused impressed all In tho assembly
Moreover, all four sisters:of the accused, re
jecting their uncle's persuasions, reiterated
their previous Identification Of their brother
and several villagers detailed conversation
had with the husband showing that he possessed
and had given Information Of their early lif'
and his own and Of joint Juvenile transao
lions which it was impossible for Q man no
really Martin Guerre to know. Tho Magis
trate dismissed the charge, but the wife woult
have nothing wtfely to do with her husband
and even displayed new disgust toward him
The uncle and niece fonnd no sympathizers Fl
the village with their action. Nevertheless
they appealed to the district Parliament, theI
sitting at Toulouse, which, becoming inter
estcd in the curious case. took 1t up at once, ant
having power to summon witnesses withou
expense to tho parties, invited the attendanc,
of any one who could impart information as Il
one Martin Guerre, or as to the identity of
man claiming to DO Guerrc. a description o
whom was widely scattered In handbills. tn
alleged spurious husband remained before tn
Parliament very cool and collected. Will
uncle and niece, under sharp cross-examina
ton, wero agitated and confused. and made
weak impression. Again. the boy ~resemblinI
the accused was shown, and once more the fou
Gucrre sisters repeated their Identification o
their brother.
The Parliament was about to sustain tn
Magistrate when two pilgrims from q distan
province Appeared In answer to the pub lishc'
ummons and declared the posing Marti
Guerre to: be one Arnold du Tilh, who had beeI
in the French army. This raised n new issue
for previou sly tho question had been "if tn
husband who had lived unsupported with a wifi
during th.ce years was not Martin Gucrre, VIII
else was her Now somebody else might be i
sight A, bright idea struck one OF the mem
bers of,the Parliament. who was a village shoe
makerA and he suggested n measurement of tn
feet Of the accused. Tho Parliament havin
obta med Information Of the place where he. a
Arr Old du Tilh, had lived, other witnesses wer
SUI nmoned, and among them tho man who ha
m AIDE either sabots for Arnold or the bette
ootgear OF the period. The real Martin Guerre'
did cobblcr was also summoned. Now aI
peared a new phase, for the feet of Marti
Guerrc proved to have taken a twelve shoe. an
those of Arnold du Tilh demanded only a min,
When the foot Of the accused was thus openl
measured in solemn session Of Parliament,
was found to invite only n nine measurement
and ten witnesses from tho village where Arnol
dn Tllh had lived positively identified him a
the alleged Martin Guerre, and eight wit
equal means of identification declared the latte
not to be Arnold, while five declined to assor
~aitirnatively or negatively, admitting them
selves to be puzzled on tho identity.
Til" mental dispositions Of the two were mex
canvassed, and the wife admitted that tn
idi%y ncrasics, Of him who was on trial wer
cles r!y those OF the undiSputed Martin Guerr
bG FORE his disappearance, while the disposition
fa'tcncd by evidence upon Arnold by hi
Ttends were not like those OF her real husband
"hc case WAS becoming more and more pu7
zllng when an uncle No. 2 appeared on til
scene me uncle OF the real Arnold one Nor
siClr HattoAu. who, despite the protests of III
culprit before Parliament. Identified him a
~ h' nCphSw, This uncle declared his nephe,
Sthlctica' whercupon another Parlianentar
solomon suggested "A trial In physical proves
Of the nccuscd, which being attempted, the latte
proved 10 be sadly deficient. Tho wife bein
again asked for her reasons for first acknOwledl
sns this alleged Arnold to he her rcturne
husband, Martin Gucrrc, snid i was made proc
certain To her mind OF his identity when Il
asked { she still kept his taffcta brGcches wit
the white lining, and designated the plac
IhE4 1-l 1 las 1EA