Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1895-03-28
THE PLEA OF HYPNOTISM IN
AMERICAN COURTS.
Baltimore Sun.

|
Within the past four months
two men have been convicted in
American courts of hypnotic
murder. On verdicts regularly
found both have been sentenced
to death, though neither of them
did the killing. In fact, there
was no doubt in either case that
the deed was done by another
man, who confessed his crime,
but alleged that he was icon
trolled" and compelled to do it,
against his will by his hypno-
tizer.
The first case was that of
Thomas Mcdonald, who shot and
killed Thomas Patton, near
Caldwell, Kan, May 5, 1894.
Mcdonald alleged that neigh
Dor, one Anderson Gray, had
hypnotized him and, against his
protests, had "controlled" him
to commit the crime. The pros
ecuting officers sifted the story,
believed it, presented Anderson
Gray for trial for murder on the
hypnotic theory satisfied the jury
of it's truth, and in December
last secured Gray's conviction
and sentence to death. The
Supreme court of Kansas has set
aside the extraordinary verdict
and ordered a new trial Of Gray.
Mcdonald having in the mean
time been tried and acquitted of
the murder, which undoubtedly
was his work, whether he was
or was not responsible for it, it
is probable that all concerned
in the crime will escape punish
ment, the murdered Patton being
the only sufferer.
The second case, which has
just reached the stage at which
it goes to the Supreme Court for
review, is that of Miss Cling,
killed at Minneapolis by a man
named Blixt, who alleged that
he was the automatic agent of
Harry Hayward, hypnotist,
directed himself to do the deed
and would not release him from
obedience to his will in the mat
ter, though he begged hard to be
so released. And again an Amer
lean jury has accepted this the
ory and convicted Haywood of
murder in the first degree.
Though he admittedly was not
present when the woman was
killed, yet Haywood has been
sentenced to death. He has taken
an appeal to the Supreme court.
Presently Blixt, the actual as
sassin, will be tried and presum-
ably acquitted as Mcdonald was
in Kansas. Then, if the
highest court of Minnesota fol-
lows the lead of the highest
court of Kansas. Hayward S
conviction will be set aside and
nobody will have suffered except
the unfortunate Miss Cling.
Concurrently with these two
capital cases, which lawyers say
have no parallel in all the pre-
vious records sofAmerican courts,
hypnotism has made it's appear
ance as a plea in variety of
cases of lesser gravity. The SEN
sational newspapers Of New
| York have reported several hyp-
motto elopements and marriages
and quite a batch of hypnotic
forgeries, robberies and minor
crimes. In one Of the New York
courts last week an old gentle
man, who chad separated
from his wife. sued her to re-
} cover $3.50, 900 which, he alleged,
she had obtained from him by
her hypnotic power during the
years when they we're living
peaceably together. This theory
was seriously advanced by able
counsel, who rendered scientific
evidence to show what hypnotic
influence was and how it hao
: been exerted in this particular
, case. The judge decided agains
a the plaintiff. however, and re
, fused to entertain the theory tha
' there is any hypnotic power
e strong enough to make sane
1 man part with his property il
p large amounts without knowing
e what he was doing, or why.
It is to be expected that We
shall hear a great deal abou
this new aud mysterious powe.
h in our courts for some time tx
q come, but it is to be also expected
n that whatever degree of credul
) ity may be shown by jury her
j and there, the higher court
}. will hold men strictly to tn
r old common law and com
h mon sense rule that they ar
4 responsible for whatever they d,
d if they know they are doing
Il and know that it is not lawful t.
be done, Justice cannot be mad
the plaything of psychologist
+ speculation and experiment
Professors Bernheim and Lick
ault, at Nancy, and Charcot an
T. his pulls, at Salpetriere, hav
= proved that, under certain con
e ditions, a peculiar trance stat
3 can be induced in certain pei
1t sons, which they call somnambr
h lism or profound hypnotic sleeI
Upon their patients, while i
this trance state, these scientist
@ have made various experiment
le in the line of what they ca
IF storimina1 S11OpaStiOn The