St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-08
A KANSAS DECISION
A Supreme Courts Hypnotic
Decision as 1t Affects
BliXt.
THE FIRST CASE OF ITS KIND
Judge Seagrave Smith Talks
Interestingly Upon the
Subject.
The FIRST CASE OF ITS KIND
WHAT ATTORNEY HALL SAYS
Father Clearly Talks Upon the
Meaning Of Mass--Minne-
apolis News.

court of Kansas to the Shadowy
eplane of the occult in recognizing as
a prime factor in criminal cases the
power Of hypnotism, has created an
immense amount of discussion
among lawyers. The case is said
to be the first of the kind in the
United States, hypnotism never be-
fore having been made the issue of
defense in a murder trial. The case
in one where the actual murderer
was acquitted by pleading hypnotic
influence impressed upon him by
the man who planned the murder.
The case has attracted special at
tention in this city by reason Of it's
bearing on the case of Claus A.
BliXt. 1t will be remembered that
w. w. Erwin referred to the
Kansas case in his address to the
Hayward jury.
Perhaps the first thought that
struck the readers of yesterdays
papers was that this case would
furnish the basis Of the defense of
Blixt, and that BliXt's attorney, if
he had ever been in doubt as to
what theory he would pursue,
would catch at this straw to save
the neck of his client A number of
attorneys were seen yesterday, and
several of them had no objection to
expressing an opinion on the case
in question. Judge Seagrave Smith,
who presided at the Hayward trial,
had this to say regarding it:
81 am not satisfied that this de-
cision involves directly the question
of hypnotism. The report is very
meager, and in itself hardly suffi-
Gent TO warrant an assumption that
it was decided on the theory of
hypnotic influence. I understand
that at the time it was tried in the
lower court it was reported that the
decision there directly considered
hypnotism, but afterward it was Civ
en- out that hypnotism had played no
part in the case whatever. And /
therefore think it very likely that
when the entire facts of the case are
known, it may be seen that hypnot-
ism did not play a leading role at
all. Until I am fully assured that
the decision was made wholly upon
the grounds of hypnotic influence,
will not sit in judgment upon that
decision, nor give any opinion con-
corning it. AS regards hypnotism
all 1 have to say is that, as 1 now
understand it from what study l
have made, / do not think that it
should ever stand as an excuse for
the commission of crime. That is
what [ think about it at present. 1
have studied the questions consid-
erably, and while I do not pretend to
call it wholly fraudulent or anything
of the kind, yet 1 do not consider it
a proper or fitting defense in GRIM
inal action. AS regards the case of
Claus BliXt, I do not see how any
hypnotic theory can be offered as a
Defense
Assistant County Attorney Albert
Hall has had very little to say as to
the legality of the decision of the Kan
sas supreme court, but he was willing
to talk about it in it's relation to the
case of BliXt. He said: 81 don't think
it affects the case of Blixt, although
lDllhl dllOA icy INDY SllolSu cIl IL do d
last resort for the defense of BliXt
But l cannot see how a defense with
the hypnotic theory as the basis can
be offered for Claus A. Blixt. BliXt
himself shut off all such defense by
his testimony in the Hayward trial.
His confession knocked out all hope of
ever introducing such defense. For
in his testimony he went into every
little detail connected with the COM
mission of the crime. He remembered
absolutely everything; nothing escaped
him. He remembered how he commit
ted the Decd he was cautious enough
to hold the body in such way that no
blood should get on his person. Imme-
diately after the commission of the crime
he began to consider means of estab-
fishing an alibi, and he tried to do it.
Everything that BliXt said while on the
stand disproved any hypnotic theory,
and proved conclusively that there was
not moment from beginning to end
that he was not entirely cognizant of
every move he made. He even remem-
berS his emotions; the horror he felt;
the impulse to throw the robe between
himself and her, for instance. Then,
Blixt himself has never claimed that
he was under Hayward's hypnotic con-
troll. Whatever control Hayward had
over BliXt was wholly one of fear
and suggestion. He gradually, by sug-
costing to him the light value to be
placed on human life, persuaded him to
think on the subject of murder as a
successful mercenary motive. If BliXt's
attorney should set up the defense of
hypnotic influence, BliXt would have
to tell Indifferent story than the one he
has told on the stand. And TO modify
or alter in any material way the evil
dence he gave in that trial would be
sure to prove fatal to him. Blixt him
self, / am sure, does not desire q trial.
He never has. He himself thinks that
it would be q needless expense. 1 am
free to say that if his attorney per-
sists in having a trial BliXt will be
very apt to suffer for it in a way in
which he would not otherwise. He
has confessed ell, expecting no mercy,
he does not desire a trial, and if he has
one it will be because his attorney
wants one. If this theory of hypnotic
control is set up, it will only serve to
place Blixt in a worse light than he is
now So 1 do not see how this decision
has any material bearing upon the case
of BliXt, for, even if hypnotism is a
good legal defense, Blixt himself stands
in the way of such a defense