Page:Popular Science Monthly Volume 26.djvu/204

192 the defense is insanity, the explanation and theory are so far from the accepted views of experts as to confuse courts and juries, and be criticised and ridiculed by others. This defense occurs most frequently in two forms of cases: One, of a chronic inebriate, who is all the time more or less under the influence of spirits, and who lives in a low moral atmosphere, in bad physical surroundings. Suddenly he commits a crime, which is without motive, and seems a mere accident and result of unforeseen conditions. The second case is of a man who may be a periodical inebriate, and of good character and reputation in everything except excess of use of spirits; whose surroundings and general standing are good, and who commits a homicide or some strange crime under circumstances that are inadequate to explain or account for it. In both of these cases there is no recollection of any of the circumstances, and the defense is based on some specious reasoning and theories. There are evidently disorganized brain-power, mental and physical incoordination, with defect and unsoundness of the reasoning powers, which can not be made clear to the court and jury. The prevalence of the theological theory, that all these strange, unaccountable acts of inebriates, who are not stupid at the time, or wildly delirious, come from vice and sin, is fatal to all scientific study and progress. This condition of trance, noted by absence of memory and consciousness, has been discussed by Dr. Carpenter, of England, under the title of "Automatic Cerebration," from which I quote the following sentence: "I have noticed some cases of drunkenness, in which a suspension of memory and consciousness was noted, coming on unexpectedly, and then the patient was a victim to morbid impulses which he never realized or had any recollection of after." Dr. Hughlings Jackson writes at some length on mental automatism, following transient epileptic paroxysms, in which this same condition is described at length as a form of sudden paralysis of the cerebral functions, or conditions of hyperæmia and suspension of some controlling centers. The late Dr. Forbes Winslow describes a similar condition of trance and automatism where the person seemingly acted as fully recognizing right and wrong, although consciousness was obliterated. Dr. Hammond mentioned the case of a man who, after an attack of epilepsy, went about for eight days in a trance state, doing business, and having no memory of it. Dr. Hughes has also mentioned similar cases. Abroad many eminent specialists, including such names as Drs. Bucknill, Clouston, Mercer, and Motet, of Paris, and others, have described this state associated with epilepsy, and following mental shocks in persons who are drunkards. These references are presented to show that the trance state has been observed by eminent men, although not yet studied from the side of crime and responsibility. A large number of cases are constantly before the courts on trial for crime committed after and during excess in the use of alcohol—crime that is purposeless, without motive or object, and differing in the manner of execution, and effort to conceal