Podcast Episode 141: Abducted by Indians, a Captive of Whites

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In 1836, Indians abducted a 9-year-old girl from her home in East Texas. She made a new life among the Comanche, with a husband and three children. Then, after 24 years, the whites abducted her back again. In this week’s episode of the Futility Closet podcast we’ll tell the story of Cynthia Ann Parker, caught up in a war between two societies.

We’ll also analyze a forger’s motives and puzzle over why a crowd won’t help a dying woman.

See full show notes …

Byways

A desire path is a route made evident by foot traffic, often easier or more direct than a provided avenue:

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Image: Wikimedia Commons

A holloway is a sunken lane formed by traffic or erosion — some in Europe date to the Iron Age:

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Image: Wikimedia Commons

A snowy neckdown is a disused area of a roadway made evident by snowfall:

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Image: Wikimedia Commons

In the absence of snow, some Australian engineers have dusted intersections with cake flour to reveal traffic patterns. Others study the oil stains left by traffic. Dan Burden, director of the Walkable and Livable Communities Institute, says, “I call something like that highway forensics.”

Hoss Sense

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In a case regarding the value of a dead horse, Judge Squire Sprigg of Butler County, Ohio, charged the jury as follows:

Gentlemen of the Jury: This is a hoss case. We make quick work of hoss cases in this court. These people killed Doc’s old hoss; if Doc’s hoss was worth anything, then he is entitled to recover; if he wasn’t worth anything, then he ain’t. Some hosses are worth something and a good many more are worth nothing. So, it is for you to say, whether this hoss was worth anything or not. You are to be governed by the preponderance of testimony. Preponderance is a big word, which I must explain to you. It means this: If one side has fifty witnesses and you think they are all liars, and the other side has one witness, and you don’t think he is a liar, or at least as big a liar as the other fifty, then the testimony of the one will preponderate over that of the others, and will knock the socks off of the other fifty. Now, if by a preponderance of the testimony, as I have explained it to you, you think the Doc’s old hoss was worth anything, find what that is and give it to him; if you think he was worth nothing, why say so. Doc will think this is pretty hard on the medical profession, but he will have to take the medicine which the law prescribes. The law provides for just such cases; it calls this damnum absque injuria, which means, as I interpret it, that a man is usually hurt a damned sight less than he thinks he is.

Now, gentlemen, I believe I have covered the whole case. You have heard the evidence and the law as I have given it to you. Remember that you are under oath in this business and that the court expects quick verdicts, especially in hoss cases.

They found for the defendant, the SPCA, and declared that Doc must pay the costs. “I stood true to the honor of our noble profession, and put a chattel mortgage on my household goods, and paid it off in weekly installments like a man,” he wrote. “But I have never had a law suit since.”

(From the Ohio Law Reporter, Jan. 30, 1905.)

No Connection

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In a garden in Ōtsuchi, in the Iwate prefecture on Japan’s east coast, stands an inoperative phone booth that’s nonetheless been used by more than 10,000 people since the 2011 earthquake and tsunami that killed 15,000 people and displaced hundreds of thousands more. The booth, known as the “Kaze no Denwa Box,” or Phone Booth of the Winds, was built by 69-year-old Itaru Sasaki so that local residents could communicate with loved ones who are dead or missing. Sasaki never connected the line, but callers still use the phone to speak to the departed, or write messages on a notepad, trusting that the wind will carry them to their intended recipients.

“In such a stricken environment, it might have been easy to perceive this disconnected phone booth as a whimsical art project incommensurate with the scale of loss experienced by the survivors for whom it was intended,” writes Ariana Kelly in Phone Booth (2015). “But quite the opposite has happened, and for the past several years there has been a steady stream of visitors to the booth, both from Ōtsuchi and other parts of Japan. Perhaps it provides a necessary terminus, a destination in a place marked by eradication. Perhaps one antidote to tragedy is useless beauty, or just uselessness.”

Ecommerce

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In 1857 The Leisure Hour tried to imagine life in London a century in the future, that is, in 1957. Many of the predictions seem sadly optimistic (for instance, the eradication of crime), but one in particular stands out:

I observed that from each of these district shops innumerable electric wires branched off in all directions, communicating with several houses in the district to which it belonged. Thus, no sooner did a house-keeper stand in need of any article than she could despatch the order instantaneously along the wire, and receive the goods by the very first railway carriage that happened to pass the store. Thus, she saved her time, and she lost no money, because all chaffering and cheapening, and that fencing between buyer and seller, which was once deemed a pleasure, had been long voted a disgraceful, demoralizing nuisance, and was done away with.

You can read the whole thing at the Public Domain Review.

The Harcourt Interpolation

Here are two transcriptions of a speech by Home Secretary Sir William Harcourt, reprinted in the London Times on Jan. 23, 1882. At left is the column as it originally appeared; at right is the same speech in a hastily issued replacement edition. What’s the difference between them?

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In the column on the left, about midway down, a disgruntled compositor has inserted the line “The speaker then said he felt inclined for a bit of fucking.”

The paper issued an apology and suppressed the offending edition as well as it could, but that only increased public interest, driving the price of a copy up from threepence to £5 in some areas (it would reach £100 by the 1990s). The Times’ quarterly index recorded the offense:

Harcourt (Sir W.) at Burton on Trent, 23 j 7 c
———Gross Line Maliciously Interpolated in a
Few Copies only of the Issue, 23 j 7 d — 27 j 9 f

The paper tried to rise above all this, but it made a new rule: If you sack a compositor, get him off the premises immediately.

(Thanks, Alejandro.)

Child Protection

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Should parents be licensed? We ask teachers to study full-time for years and to pass qualifying exams before we let them educate children for six hours a day. And we carefully assess the suitability of adoptive and foster parents. But anyone has the right to become a biological parent without any training at all in child development.

Philosopher Peg Tittle writes, “How many children have been punished because they could not do what their parents mistakenly thought they should be able to do at a certain age — remember X, carry Y, say Z? How many have been disadvantaged because they grew up on junk food — for their bodies as well as their minds? How many have been neglected because their parents didn’t notice the seeds of some talent?”

Today’s children are tomorrow’s citizens, so the public has a legitimate concern in this. Psychiatrist Jack Westman writes, “The way children are parented plays a vital role in the quality of all our lives. We no longer can afford to avoid defining and confronting incompetent parenting.”

Psychologist Roger McIntire writes, “We already license pilots, salesmen, scuba divers, plumbers, electricians, teachers, veterinarians, cab drivers, soil testers, and television repairmen. … Are our TV sets and toilets more important to us than our children?”

(Peg Tittle, ed., Should Parents Be Licensed?, 2004.)

New Light

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Our legal system assumes that a defendant is innocent until proven guilty beyond a reasonable doubt. But what constitutes a reasonable doubt? Law professors Ariel Porat and Alon Harel suggest that an “aggregate probabilities principle” might help to determine whether an accused party is innocent or guilty.

Suppose we’ve decided that the evidence must indicate a probability of 95 percent guilt before we’re willing to declare a defendant guilty. Mr. Smith is accused of two separate crimes, with a 90 percent probability of guilt in each case. Under the 95 percent rule he’d be acquitted of both crimes. But Porat and Harel point out that there’s a 10 percent chance that Smith is innocent of each crime, and aggregating the probabilities gives a 0.10 × 0.10 = 0.01 chance that Smith is innocent of both — that is, there’s a 99 percent chance that he’s guilty of at least one of the offenses.

On the other hand, consider Miller, who is also accused of two different crimes. Suppose that the evidence gives a 95 percent probability that he committed each crime. Normally he’d be convicted of both offenses, but aggregating the probabilities gives a 0.95 × 0.95 = 0.9025 chance that he’s guilty of both offenses, and hence he’d be acquitted of one.

In A Mathematical Medley (2010), mathematician George Szpiro points out that this practice can produce some paradoxical outcomes. Peter and Paul are each accused of a crime, each with a 90 percent chance of being guilty. Normally both would be acquitted. But suppose that each was accused of a similar crime in the past, Peter with a 90 percent chance of guilt and Paul with a 95 percent chance. Accordingly Peter was acquitted and Paul went to prison. But historically Peter has now been accused of two crimes, with a 90 percent chance of guilt in each case; according to the reasoning above he ought to be convicted of one of the two crimes and hence ought to go to jail today. Paul has also been accused of two crimes, with a 0.95 × 0.90 = 0.855 chance that he’s guilty of both. He’s already served one prison term, so the judge ought to acquit him today.

Szpiro writes, “Thus we have the following scenario: in spite of the evidence being identical, the previously convicted Peter is acquitted, while Paul, with a clean record, is incarcerated.”

(Ariel Porat and Alon Harel, “Aggregating Probabilities Across Offences in Criminal Law,” Public Law Working Paper #204, University of Chicago, 2008; George Szpiro, A Mathematical Medley, 2010.)

First Things First

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In Languages and Their Speakers (1979), linguist Timothy Shopen shows how greetings and leave-takings can reflect a society’s cultural values. First he gives a typical American conversation in which one friend encounters another who is 15 minutes late for work:

Hello Ed!

— Hi! How are you?

Sorry, I’m in a hurry.

— Yeah, me too.

See you on Saturday.

The whole interaction lasts five seconds; it includes a greeting and a leave-taking, but there is no actual conversation between. Here’s the same interaction in the Maninka culture of West Africa:

Ah Sedou, you and the morning.

— Excellent. You and the morning.

Did you sleep in peace?

— Only peace.

Are the people of the household well?

— There is no trouble.

Are you well?

— Peace, praise Allah. Did you sleep well?

Praise Allah. You Kanté.

— Excellent. You Diarra.

Excellent.

— And the family?

I thank Allah. Is there peace?

— We are here.

How is your mother?

— No trouble.

And your cousin Fanta?

— Only peace. And your father?

Praise Allah. He greets you.

— Tell him I have heard it.

And your younger brother Amadou?

— He is well. And your uncle Sidi?

No trouble, Praise Allah …

Where are you going?

— I’m going to the market. And you?

My boss is waiting for me.

— O.K. then, I’ll see you later.

Yes, I’ll see you later. Greet the people of the household.

— They will hear it. Greet your father.

He will hear it.

— May your day pass well.

Amen. May the market go well.

— Amen. May we meet soon.

May that “soon” arrive in good stead.

“Time elapsed: 46 seconds,” Shopen writes. “It is more important to show respect for a friend or a kinsman than to be on time for work, and thus we have the example of Mamadou Diarra above, already fifteen minutes late for work and not hesitating to be even later in order to greet a friend in the proper manner. First things first, and there is no question for the Maninka people about what is most important.”