The mirror. (Stillwater, Minn.) 1894-1925, 1895-01-31

versed by a higher State or Federal court. he
will be executed as the real murderer of Patton.
Now this is an extraordinary case. We're 1t
not for the theory of hypnotic influence. 1t IS
clear that both Gray and Mcdonald would be
liable for murder the former as an accessory
before the fact. With the element OF hypnotlSm
admitted, the hypnOtiZer is declared to be the
only guilty person. and his subject, the man
whom he had compelled by the method OF sug-
| seston, to obey him and carry out his WILL Is
held to be totally innocent.
| The announcement OF this result has aroused
| considerable Indignation in the press. Many
dwell on the alarming possibilities which such a
| theory carries and are appalled, at the Thought
of the abuses that dishonest lawyers VIII be aDe
| to commit under protection. This. however, Is
beside the question. Let it once be lndubitaDly
established that hypnOtiZed person IS really
helpless, and that his acts are not MS at ALL pot
the acts of another working through him, and
| there is no logical escape from the conclusion
that the blind and unconscious tool cannot be
held accountable for his involuntary acts. Inc
chances of abuse and deception may be great
but sucb consideration cannot invalidate the
nrinciple Humane and enlightened Jur1S-
prudepce has laid down the admirable principle
that it is better to have large number of guilty
men escape punishment than to nave one
innocent man suffer Civilization has only
tended to intensity the belief in TINS prlnclpie'
and we ought not to shrink from its applcatioh
, to new conditions. Those who call lot the
, punishment of the hypnotic subject irrespective
, of the question of free agency ought Logically 10
favor the punishment of the insane for criminal
acts. 1t is entirely safe to say that Such IRA
, tional opposition to the admission of hypnotlsm
, as a factor in criminal cases will ma nttie
sympathy
The real and difficult question that will at once
suggest itself is where the line is TO BE drawn
), between genuine hypnotic control and mere eNer.
+ else of influence by strong wills over the weak
y In the case of Seely the New York bank clerk, 1t
q appeared that he had been completely under the
y control of Baker, the chief offender. Yet it does
not appear that Baker used any other means
o than threats of exposure. persuasion. ana ap-
= MEALS Seely confessed and went to prison. Dut
could he have set up hypnOtism as defense?
:. Had he made the attempt. a long and costly
=, trial would have ensued, and justice would, 10
- that extent have suffered. There are many
49, cases now pending in various parts OF the country
-, some of them very strange. in which hypnot'sm
=; is to be the line of defence. Many knotty ques-
- tions are expected to arise and some light may
~ be thrown on the subject.
-, 1t is maintained by some experts that no per
~ son can be hypnotiZed against his Will. ana tha
the least resistance to the influence sought 10 DE-
=, exerted will defeat the purpose OF the hypho
l., tier If this be true. it is PLAIN that persoh'
nd committing crime under influence 10 Whlch Tile!
no voluntary submit themselves cannot escape re
no sponsibility any more than th"se colii'h'.Nns
'rS crime under the influence of intoxicating drink
er By freely putting himself under dangero"
IN influence. whether liquor or hypnotic suggestion
~ q abide DV the cOnSe
"a. ouences of his conduct. When we cease TO
ed. free apents by an act of it is but Just
c.l, lis to account for deeds growing out OF til
irresponsible condition.
That hvpnotjsm is a real phenomenon Is II
ris- longer a matter of debate. Although Il large
led number of quacks are thieving on the cred''ii'
in and ignorance shown by the uncutlvated II
It'll garding its scope and significance. the eXpeI
,tic ments of scientific men like DR.. Charcot HAY
nal abundanty shown the genuineness OF the pn
ave nOmenon. In any given case. the question 10
on determined would seem to be, first. whether u
f. of alleged subject had really acted as me
Gus mechanical tool of the hypnotlzer: ana, secoh
is whether the submission to the influence OF sl
eys gestion had been voluntary. An atnrmatl
ton answer to the first question must lead TO
and acouittai if the second is answered In the neg
hat tive.
1t Will not 90 TO treat WIS u
,but cavalier manner. 1t requires cafe1ul h'es
On CATION and it is we'll that the courts have COZ
and face to face with it.
sher La this connection an interesting case recen
to a decided in Munich may be mentioned. p
But fessional hypnotst was tried on the charge
v es- violating public morality and order by comp
that ling wealthy woman to marry him by mea
ems of hypnotic suggestion. The evidence we
first against him. and he was convicted. Assuml
the the sOundness of the theory above referred
an in regard to the effect of even slight reslstaI
on the efforts of the operator. the justice OF {
rs of Munich verdict would seem to be fairly open
cent doubt
the At any rate. these Occurances must tend
the stimulate public interest in the study OF
l. science of mind and its normal and aDnOrl
,ried operations But it is to be hoped that v
Nc will be found to check the perniciOus activity
IN IN the charlatans, who are always ready TO Stal
free public "craze" and reap the pecunary adv
over tage therefrom. Hypnotic experiments II;
ence their dangerous side. but what in life Is 1
ap- from it? The final appeal must always De
maid the sanity and sebriety of the cultivated 7
While tons of the community Home Journal
cred
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