The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-12

not help but do what his hypnotic master
suggested" He unhesitatingly admitted
having killed Patton, but refused 10 con-
slider himself as the real murderer. He
insisted that he had no motive for the
crime, ana that while he knew what he
was doing, he remem bered the act with
a dreamy Indebtedness and did not at the
time realize the consequences OF his ac-
ton He said that had II not been for
Uray ne never would have spoken TO Pat
ton, and had II not been for the hypnotists
suggestion he would never have prac-
ticed with the rife and would never have
shot his victim.
on McDonald's confession he was ac-
quilted OF all responsibility Tor the murder
ana Gray was arrested and held for trial.
ne case excited intense interest both
with the general public and with the legal
ana medical professions. The trial lasted
many days, and at its conclusion the jury
convicted Gray OF murder in the first de-
gree The verdict was reached on the first
poi ana was in accordance with the SEN
iment OF the community.
Judge McAdam OF the superior court is
on one OF me closest students in the country
o. iesal history, and always follows new
al0 sting cases with the greatest
cares When asked yesterday by a re-
porter for the New York Times about the
CoMley county case in Kansas, he said:
80 Tar as / am able 10 learn there has
never been such another case in the world
certainly none in this country. There have
Deen cases, of course, where an alleged
criminal has pleaded hypnotic influence
but the conviction of a man for murder
OF the ground that he used hypnotic in
Huehce on another is certainly something
new. Yet the probable meaning Of the
court in this case seems proper enough,
Shousn one can hardly judge Of the facts
from the slight newspaper accounts. In
thls state II would be possible to get Just
such a conviction as was obtained In Kan
ssas, provided the hypnotic influence could
pc proved. The hypnotiZer would stand
IN the light of a principal under section
~ or our criminal code, which reads, that
any person concerned in the commission
OF crime, whether he directly commits
the act constituting the offense or aids
or aDets in it's commission, and whether
present or absent, and a person who di-
reels, counsels, commands, induces or
pIocureS another 10 commit a crime is
You see, continued the judge ut takes
very little to make a man a principal,
ana the circumstance in this Kansas case
that the man convicted Of murder was not
AZ the scene of the killing at all is by no
means remarkable.
present or absent: so that any man who
might hypnotic another and then send
his victim out to kill would be very
gree under our laws"
Then hypnotism is legally recognized %
Most certainly declared the judge.
The hypnotic condition is no longer a
subject of speculation. 1t stands as one
of the recognized forces in life, and any
tribunal before which it is brought in any
IT,
Is certainly most plausible defense TO
say; 1 was hypnotiZed when / did this >
IL Is a form of insanity, as nearly as II
can be defined il seems to me. The mind
Of the victim becomes blank, his will
power passes absolutely and without the
possibility Of resistance into the control of
another. He does what he is told 1t is
as though you should tell an idiot to do
murder Give an idiot an and tell him
to split open the head of an unresisting
OK or an unresisting man, and II would
N1 no laa 70 i'm 10 xrrftf II
do either without sense of responsibility
or an appreciation of crime But the man
directing the deed would and should GER
tainly be held to o fun responsibility, as
seems to have been the case in this Kan
sas murder"
but do you think hypnotism is prova-
bic as insanity would be|' the judge
why not? Let a. man claim that he
was induced or directed to do certain
thing under hypnotic influence and let
there be an absence of motive, then you
could certainly prove by operators be-
fore the jury that the man could be
hypnotized, and the defense would be rea-
sonable. OF course the greatest care
must be taken in accepting pleas of hyp-
motto influence. The temptation TO dodge
behind this new power and shift respon-
little is really known Of hypnotism ex-
cept that it exists as a distinct factor.
Sun for many years to come judges
ana juries will be skeptical about adj
hitting the existence of such force
at all, so that there is little danger that
it will serve as a shield for criminals.
To get off on such a plea the person
putting it forward will have TO make
out a very clear case before it will avail
him. Still the fact remains that to-day
the existence Of hypnotism must be as
distinctly recognized in the courts as in
sanity. This Kansas case will make q
most interesting precedent TO discuss
1t at length, however, ana with a thor
ough understanding, we should have the
opinion in full 1t would make capital