I at once reject in limine, as repulsive to every principle of reason and equity, and as unworthy to be considered as legal evidence, all the admissions and confessions of the witnesses and accused persons which were extorted by torture or the fear of torture, however plausible they may seem, or however compatible with one another they may appear, particularly when I find them at variance with conflicting testimony on the one hand, and inconsistent with the general probabilities on the other.
Any absurdities, as the annals of witchcraft fully show, might be proved by the agency of torture. It was through fear of the application of this beauteous engine for the elucidation of the truth, that the Inquisition extorted from Galileo the admission that the doctrine of the earth's motion was heretical; yet, notwithstanding this confession, as that illustrious man observed on rising from his knees, "e pur si muove." So also might the unhappy Jews of Damascus, whilst yielding to bodily suffering and confessing their guilt, exclaim the moment afterwards, "but yet we are innocent."
The whole of the pretended evidence against the prisoners was obtained either by torture or fear of torture, and the alleged agreement between the statements of the different witnesses, on which great stress has been laid, may easily be accounted for when it is considered how impossible it would be for people writhing under agonies of intense bodily suffering to give their evidence in a clear and connected manner, and how absolutely necessary it would be to extract their confession from them word by word, affirmatively or negatively—yes or no—through the agency of leading questions.
On the other hand, the only two witnesses who appeared in favour of the Jews were conveniently disposed of by being bastinadoed to death. These were a young man, who deposed to having spoken to Tommaso and his servant on the evening of the alleged murder as they were proceeding from the Jewish quarter, and the porter of the gate near the house of David Arari, who stated that he had heard or seen nothing of the priest's remains being thrown into the sewer.
The evidence was awkward, and not at all suited to the wishes of the prosecutors; and it proved fatal to the witnesses who gave it.
But, exclaim those who argue in favour of the guilt of the Jews, even although there is not sufficient legal evidence to convict them of the crimes laid to their charge, surely you must admit that, morally speaking, there can be no doubt that they are actually guilty. Far from it. Every reasonable consideration appears to my mind to throw discredit on the statements of their accusers, while the whole of the evidence teems with obvious and palpable improbabilities.
For instance, to say nothing of the absence of any rational assignable motive which could induce frontier merchants—men of rank and influence among their own people—men of wealth and consideration among their neighbours—with everything to lose and nothing to gain, to conspire together to commit two such atrocious murders, is it likely for one moment, even if they did so, that they should be so utterly devoid of all common prudence, and so grossly infatuated, as to place themselves in the power of two such inferior persons as a barber and a servant as accomplices?
And again, even on the hypothesis that they had been actuated by some such fanatical motive as has been imputed to them, is it at all probable that they would have selected for their victim an individual so certain to be missed as the Father Tommaso? From his long residence at Damascus, and the nature of his calling, his absence was sure to be noticed. Why not have selected for their victim some more obscure individual, on whom their barbarous fanaticism might have exercised their impious rites with impunity? Bah! why waste time by pursuing the ridiculous absurdities of these suppositions any further?
Then, again, all the accusers, with Halil Said Naivi at their head, were persons of low degree and disreputable character, whose testimony on any ordinary occasion would have been received with extreme caution; while the recollection of the pillaging and extortions to which the Jewish families have been subjected, affords a clue to the motives which have instigated the persecutors.
Considerable importance has been attached to the finding of the bones, but it should be remembered that they were not discovered till twenty-five days after the disappearance of Father Tomasso; that the sewer where the bones were found was the common receptacle of all the filth and offal of the neighbourhood, and that considerable difference of opinion existed among the medical men by whom they were examined as to the fact of their being human bones at all; while there are strong grounds for believing in the existence of the most fraudulent collusion with reference to their discovery.