The extraordinary things people do in half-dream and in sleep are numerously exemplified by Jessen. Most of them are taken from the older literature, but are quite reliable. A comparison indicates

[1] F. Heerwazen Statistische Untersuchung ber Trume und Schlaf. Wundt's Philosophische Studien V, 1889.

that such somnambulistic conduct occurs most frequently among the younger, more powerful, over-strained people, who, e. g., have not slept for two successive nights, and then have been awakened from deep sleep. It is remarkable that they often act intelligently under such circumstances—that the physician writes the proper prescription or the factory superintendent gives the proper orders, but neither knows anything about it later on. Criminalistically their significance lies on the one hand in the fact that they can be investigated with regard to their correctness; and on the other that they occur to people who had no reason to falsify. If a defendant tells about some such experience, we lack the means and the power to make an accurate examination of the matter, and tend for this reason to disbelieve him. Moreover, his very position throws doubt upon his statements. But this is just the ground for a careful study of similar occurrences in trustworthy people.[1] All authorities agree that actions during sleepiness[2] occur almost always in the first deep sleep, disturbed by dreams, of over-fatigued, strong individuals.

An important circumstance is the phenomenon cited by Jessen and others—the capacity of some people to fall calmly asleep in spite of tremendous excitement. Thus, Napoleon fell into deep sleep during the most critical moment at Leipzig. This capacity is sometimes cited as evidence of innocence. But it is not convincing.

We have yet to mention the peculiar illusions of the phenomena of movement which occur just before falling asleep. Panum tells how he once inhaled ether, and then observed, lying in bed, how the pictures on the wall went further and further back, came forward and withdrew, again and again. Similar things happen to sleepy people. Thus, the preacher in church seems progressively to withdraw and return. The criminalistic significance of such illusions may be in the observation of movements by people who are falling asleep, e. g., of thieves who seemed to be approaching the witnesses' beds, though standing still.

That sleeping people may be influenced in definite ways is indubitable. Cases are mentioned in which sleepers could be made to believe any story; they would dream of it, and later on believe it. There is in this connection the story of the officer who acquired the love of a young girl in this fashion; the girl had shown definite distaste for him at first, but after he had told her during her sleep,

[1] P. Jessen: Versuch einer wissenschaftlichen Begrndung der Psychologie. Berlin 1885.

[2] Cf. H. Gross's Archiv. XIII 161, XIV 189.

in her mother's presence, of his love and loyalty, she began in the course of time to return it. It is a fact that certain of our burglars believe similar things, and carry them out in most cases with the assistance of red light, to which they assign hypnotic power. They claim that with a lantern with red glass they are able to do anything in the room containing a sleeping individual, and can intensify his sleep by letting the red light fall on his face, and speaking to him softly. Curiously enough this is corroborated by a custom of our mountain lads. They cover a lantern with a red cloth and go with it to the window of a sleeping girl. It is asserted that when the red light falls on the latter's face and it is suggested to her softly to go along, she does so. Then a pointed stone is placed in the girl's way, she steps on it, it wakes her up, and the crude practical joke is finished. It would be interesting, at least, to get some scientific information concerning these cited effects of red light upon sleeping people.

O. Mnnigshoff and F. Piesbergen[1] have thrown some light on the profoundness of sleep—why, e. g., a person hears a thing today and not at another time; why one is awakened and another not; why one is apparently deaf to very loud noise, etc. These authorities found that the profundity of sleep culminates in the third quarter of the second hour. Sleep intensifies and grows deeper until the second quarter of the second hour. In the second and third quarters of that hour, the intensification is rapid and significant, and then it decreases just as rapidly, until the second quarter of the third hour. At that point sleep becomes less and less profound until morning, in the second half of the fifth hour. At this moment the intensity of sleep begins again to increase, but in contrast with the first increase is very light and takes a long time. Sleep, then, reaches its culmination in one hour out of five and a half; from that culmination- point it decreases until it reaches the general level of sleep.

Section III. (b) Intoxication.

Apart from the pathological conditions of intoxication, especially the great intolerance toward alcohol,[2] which are the proper subjects for the physician, there is a large group of the stigmata of intoxication which are so various that they require a more accurate study than usual of their causes and effects. As a rule, people are

[1] Zeitschrift f. Biologie, Neue Folge, Band I.

[2] Cf. H. Gross's Archiv. XIII, 177.

satisfied to determine the degree of intoxication by the answers to a few stereotyped questions: Did the man wabble while walking? Was he able to run? Could he talk coherently? Did he know his name? Did he recognize you? Did he show great strength? An affirmative answer to these questions from two witnesses has been enough to convict a man.[1]

As a rule, this conviction is justified, and it is proper to say that if a person is still sufficiently in control of himself to do all these things he must be considered capable of understanding the difference between right and wrong. But this is not always the case. I do not say that irrationality through drink must always obtain when the drunkard is unable to remember what happened while he was drunk. His inability is not determinative, because the circumstances following a deed have no reflex effect. Even if after the deed a person is ignorant of what he has done it is still possible that he was aware of its nature while committing it, and this possibility is the determinative factor. But the knowledge of what is being done does not in itself make the doer responsible, for if the drunkard beats the policeman he knows that he is fighting somebody; he could not do so without knowing it, and what excuses him is the fact that while he was drunk, he was not aware that he was fighting a policeman, that so far as he is capable of judgment at all, he judges himself to be opposed to some illegal enemy, against whom he must defend himself.

If it be said in opposition that a drunkard is not responsible if he does, when drunk, what he would not do when sober, this again would be an exaggeration. Why, is shown by the many insults, the many revelations of secrets, the many new friendships of slight intoxication. These would not have occurred if the drunkard had been sober, and yet nobody would say that they had occurred during a state of irresponsibility.

Hence, we can say only that intoxication excuses when an action either follows directly and solely as the reflex expression of an impulse, or when the drunkard is so confused about the nature of his object that he thinks himself justified in his conduct. Hence, the legal expressions (e. g., "complete drunkenness'' of Austrian criminal law, and "unconsciousness'' of the German imperial criminal statute book) will in practice be pushed one degree higher up than ordinary usage intends. For complete intoxication or drunkenness into loss of consciousness usually means that condition in which the individual lies stiff on the ground. But in this condition he can not do anything,

[1] H. Gross's Archiv. II, 107.

and is incapable of committing a crime. It must follow that the statutes could not have been thinking of this, but of the condition in which the individual is still active and able to commit crimes by the use of his limbs, but absolutely without the control of those limbs.

If we compare innumerable stories that are told, with verbal reliability, about drunkards, or those that are readable in daily papers, police news, and in legal texts, we find groups in which a drunkard makes his bed on a wintry night on a snow bank, undresses himself, carefully folds his clothes beside him, and runs away at the approach of a policeman, climbs over a fence and runs so fast that he can not be caught. Such a man certainly has not only the use of his organs, but also uses them with comparative correctness in undressing, folding his clothes, and in running away. If now somebody should pass the drunkard's lair and if he should think that a burglar is in his house and should wound the passer-by, who would believe the drunkard when he tells this story?

In the street there is frequent opportunity of observing some of the arrests of drunkards who fight with fists and feet and teeth, and often have to be taken to the police station in a wheel-barrow. Now if the man has had the misfortune of recognizing the policeman in his first opposition, and of giving his own name properly, we say that he has "shown definite signs of responsibility,'' and we sentence him. But in most cases it was merely the instantaneous illumination of his cindery mind (which was, perhaps, stimulated to the recognition of the policeman and the pronunciation of his name by the latter's rather bearish remarks) which then dies away as swiftly as it rose, and is followed by instinctive self-defense. Anybody who has frequently observed how utterly senseless is the battle of a drunkard with the overwhelming power of three or four or more people, and how he continues to struggle, even when wholly or completely conquered, must feel convinced that such a man is no longer responsible.

In the same way we must never forget that the prosecution of some very habitual activity is in no sense evidence of responsibility. Especially when some action has very fine-drawn limits, and the actor knows that a false grip will result in questionable consequences, the habitual movement will be made instinctively. The soldier will properly carry out his obligations of service, the coachman drive home, unharness, and look after the horses, even the locomotive engineer will complete his difficult task without a break—then, however, they fall and sleep their drunkenness off. Now, if something intervenes unexpectedly during the performance of this ha- bitual activity, especially some opposition, some superfluous cajolement, correction, or similar thing, the intoxicated actor is thrown completely out of gear, and can not be restored to it, nor is he able properly to oppose this obstacle. Hence he acts against it reflexly, and in most cases explosively.

It may be perceived that such a drunkard works unconsciously having been thrown out of gear by some sudden remark, he is unable to complete what he is trying to do, and this develops a despairing expression of emotion for which he is decidedly not responsible. A countless number of popular maxims indicate the popular opinion that it is best to get out of the way of a drunkard, never to help him, because he can best look after himself. The public seems to know this very well, theoretically, but in practice no wife applies this theory when her drunken husband comes home; in practice the policeman looks after the drunkard, in practice the peasant and the master quarrel with the drunken servant and the apprentice,—and then everybody wonders when suddenly superiors are hurt, maimed, and otherwise opposed.

The best evidence for the certain but very definite routine in which the drunkard moves, is the example cited by Combe[1] concerning the porter who, while drunk, had wrongly delivered a packet. Later on he could not think where he had brought it, but as by chance he got drunk again, he fetched the packet, and brought it to its proper destination. This process indicates that the "in vino veritas'' depends not merely on speech, but on action, and that this coming to the surface of what is really thought is the reason for so many insults offered during intoxication. Such phenomena are best studied at the beginning of narcosis, in which all the conditions of intoxication come together in a much briefer period of time, and hence appear much more clearly. How involuntarily the inmost thought breaks through under such circumstances, is shown by an occurrence in a surgical clinic. An old peasant was to have been subjected to a not dangerous but rare operation. The famous surgeon of the University had one student after another make a diagnosis, and asked one student after another what kind of an operation he would perform. The peasant misunderstood it altogether, and as he was half stupefied he cried out involuntarily: "The old donkey is asking one loafer after another what to do. Nobody knows anything, and yet they are going to operate on me.''

[1] Andrew Combe: Observations on Mental Derangement. Edinburgh 1841.

Things that are thought are expressed just as involuntarily during intoxication, and thus the insults, etc., are accomplished.

What is never believed, but yet may be true, is the defence of a prisoner that intoxication led him to steal. I know of a talented, kindly, and thoroughly honorable young man, who during slight intoxication steals everything he can lay his hands on. His drunkenness is so light that he can remove with complete skill his comrades' cigarette cases, pocket handkerchiefs, and worst of all, their latchkeys. At the same time, he is still drunk enough to have great difficulty in remembering, the next day, who the owners of these things are. Now suppose a thief told such a story in court!

I cite from the excellent account of Hoffbauer,[1] the development of intoxication: "At first the consumption of liquor intensifies the feeling of physical health, or increases that health. It appears to have a proportionately similar effect upon the powers of the mind. Ideas move easily, expression is smoother and more adequate. The condition and emotional attitude are such that one might very well always wish for one's self and one's friends. Until this point no intoxication is visible. The flow of ideas only increases and becomes more intense. Excellent, appropriate notions occur to one, but there is effort to restrain the irregular flow of thought. This state is visible in the effort which must be used to carry on any rather involved story. The ideas flow too rapidly to be easily ordered according to the requirements of the story. At this point the beginning of intoxication is already perceptible. In its development the flow of ideas becomes continually stronger, the senses lose their ordinary sharpness, and as these fail the imagination grows stronger. The drinker's language is now, at least in particular expressions and turns of speech, more voluminous and poetical, and rather louder than is natural. The former indicates an intensification of imaginative power, and the latter a dulling of the senses which becomes more and more obvious in the development of the intoxication. For the drinker speaks louder because he hears his words less clearly than before, and judges the hearing of his auditors by his own, although the vividness and the more rapid flow of ideas induced by intoxication have a share in this. Soon the dulling of the senses becomes still more obvious. For example, it is seen that a person who is so drunk that he confuses otherwise well-known companions, even if only for a minute, thinks he puts his glass softly on the table,

[1] J. C. Hoffbauer: Die Psychologie in ihren Hauptanwendungen auf die Rechtspflege. Halle 1823.

although it falls to the ground. And then there are still other forms of physical helplessness to be perceived. From his speech it may be judged that the connection between his ideas has significantly decreased: although still very vivid, they are now like luminous sparks that appear and disappear. This vividness of ideas, or their rapid flow, gives the inebriate's desires an unmanageable intensity which reason can no longer control. He follows them instantaneously if some accident does not turn him aside. His physical helplessness becomes now obvious in stammering, in a wabbly gait, etc., until finally he falls into a deep sleep in which physical and intellectual repair begin.

"If the conditions of intoxication were to be divided into periods, we should have the following: In the first period of intoxication ideas have only an extraordinary degree of vividness. The rule of the understanding over actions is not altogether suppressed, so that the drunken fellow is fully conscious of his external relations and is aware of what is going on within and about him. But the rapid flow of ideas hinders careful reflection and leads to an intensified excitability, particularly to those emotional expressions which are characterized by the more rapid flow; This is due to the familiar psychological law according to which one emotional condition leads into another as it is more like that other in tone. Anger and merriment, hence, show themselves more and more among uneducated people who are not habituated to the limitation of their emotional expression by reference to the forms of the world of fashion. Without this control, every stimulation intensifies the emotion, since every natural expression adds to its vividness. The irritability taken in itself is at this stage less dominant, inasmuch as the drinker is at the same time satisfied with himself, and the self-satisfaction makes the irritability endurable. Only some accidental circumstance can intensify and spread this irritability. Such circumstances intensify the drunkard s liveliness and lead to the outbreak of merriment approximating upon hilarity, then to a verbal quarrel, which need not yet be a real quarrel and may be conducted in all friendship. It seems that in most cases the irritability is excited through the fact that the drunkard's self-satisfaction speedily lapses, or that he is disturbed in doing things about which he is conceited. Now so long as the intoxication does not exceed this stage, its effects and the outbreaks of its passions may be suppressed. The drinker is here still self-possessed and is not likely to lose control of himself unless he is progressively excited thereto.

"In the next period of intoxication, the drunkard still has his senses, although, all in all, they are considerably weaker than usual, and he is somewhat beside himself. Memory and understanding have quite left him. Hence, he acts as if the present moment were the only one, the idea of the consequences of his actions having no effect upon him because he no longer sees the connection between the two. And since his whole past has disappeared from his mind he can not consider his more remote circumstances. He acts, therefore, as he might if the memories of his circumstances and ideas of the consequences of his actions did not control his conduct, and lead him to rule himself. The slightest excitation may awaken all his strongest passion which then carry him away. Again, the slightest excuse may turn him from what he has in mind. In this condition he is much more dangerous to himself and others because he is impelled not only by the irresistible force of his passions, but because, also, he rarely knows what he is doing and must be considered a pure fool.

"In the last period, the drunkard has so lost his senses that he has no more idea of his external environment.''

With regard to particular conditions, it may be held that the quantity of drink is indifferent. Apart from the fact that we know nothing about the quantity of alcohol a man has taken when we hear merely about so and so many liters of wine or so and so much brandy, the influence of quantities is individual, and no general rule whatever can be laid down. As a matter of fact, there are young and powerful men who may become quite foolish on half a glass of wine, especially when they are angry, frightened, or otherwise excited, and there are weak old people who can carry unbelievable quantities. In short, the question of quantity is altogether foolish. The appearance and constitution of an individual offers as little ground for inference as quantity. The knowledge of a man's regular attitude toward the consumption of alcohol is a safer guide. Hellenbach asserts that wine has always the same influence on the same individual; one always becomes more loquacious, another more silent, a third more sad, a fourth merrier. And up to a certain limit this is true, but there is always the question of what the limit is, inasmuch as many individuals pass through different emotional conditions at different stages. It often happens that a person in the first stage who wants to "embrace the world and kiss everybody,'' may change his mood and become dangerous. Thus, anybody who has seen him several times in the first stage may make the mistake of believing that he can not pass it. In this direction explanations must be made very carefully if they are not to be false and deceptive.

It is important, also, to know how a man drinks. It is known that a small quantity of wine can intoxicate if it is soaked up with bread which is repeatedly dipped into the wine. Wine drunk in the cellar works with similar vigor if one laughs, is merry, is vexed, while drinking, or if a large variety of drinks is taken, or if they are taken on an empty stomach. For the various effects of alcohol, and for its effects on the same person under different conditions, see Mnsterberg's "Beitrage zur Experimentellen Psychologie,'' Heft IV.

The effect of alcohol on memory is remarkable in so far as it often happens that many people lose their memory only with respect to a single very narrow sphere. Many are able to remember everything except their names, others everything except their residence, still others everything except the fact that they are married, and yet others every person except their friends (though they know all the policemen), and the last class are mistaken about their own identity. These things are believed like many another thing, when told by a friend, but never under any circumstances when the defendant tells them in the court room.

Section 112. (c) Suggestion.

The problems of hypnotism and suggestion are too old to permit the mere mention of a few books, and are too new to permit the interpretation of the enormous literature. In my "Manual for Examining Judges,'' I have already indicated the relation of the subject to criminal law, and the proper attitude of criminalists to it. Here we have only to bear in mind the problem of characteristic suggestion; the influence of the judge on the witnesses, the witnesses upon each other, the conditions upon the witnesses. And this influence, not through persuasion, imagination, citation, but through those still unexplained remote effects which may be best compared with "determining.'' Suggestion is as widespread as language. We receive suggestions through the stories of friends, through the examples of strangers, through our physical condition, through our food, through our small and large experiences. Our simplest actions may be due to suggestion and the whole world may appear subject to the suggestion of a single individual. As Emerson says somewhere, nature carries out a task by creating a genius for its accomplishment; if you follow the genius you will see what the world cares about.

This multiple use of the word "suggestion'' has destroyed its early intent. That made it equivalent to the term "suggestive question.'' The older criminalists had a notion of the truth, and have rigorously limited the putting of suggestive questions. At the same time, Mittermaier knew that the questioner was frequently unable to avoid them and that many questions had to suggest their answers. If, for example, a man wants to know whether A had made a certain statement in the course of a long conversation, he must ask, for good or evil, "Has A said that . . . ?''

Mittermaier's attitude toward the problem shows that he had already seen twenty-five years ago that suggestive questions of this sort are the most harmless, and that the difficulty really lies in the fact that witnesses, experts, and judges are subject, especially in great and important cases, to the influence of public opinion, of newspapers, of their own experiences, and finally, of their own fancies, and hence give testimony and give judgments in a way less guided by the truth than by these influences.

This difficulty has been made clear by the Berchthold murder- trial in Mnchen, in which the excellent psychiatrists Schrenck- Notzing and Grashey had their hands full in answering and avoiding questions about witnesses under the influence of suggestion.[1] The development of this trial showed us the enormous influence of suggestion on witnesses, and again, how contradictory are the opinions concerning the determination of its value—whether it is to be determined by the physician or by the judge, and finally, how little we know about suggestion anyway. Everything is assigned to suggestion. In spite of the great literature we still have too little material, too few observations, and no scientifically certain inferences. Tempting as it is to study the influence of suggestion upon our criminalistic work, it is best to wait and to give our attention mainly to observation, study, and the collection of material.[2]

[1] Schrenck-Notzing: ber Suggestion u. Errinerungsflsehung im Berehthold- Prozess. Leipzig 1897.

[2] 51. Dessoir Bibliographie des modernen Hypnotismus. Berlin 1890. W. Hirsch: Die Mensehliche Verantwortlie it u. die moderne Suggestionslehre. Berlin 1896. L. Drucker: Die Suggestion u. Ihre forense Bedeutung. Vienna 1S93. A. Cramer. Gerichtliche Psychiatrie. Jena 1897. Berillon Les faux temoignages suggrs. Rev. de l'hypnot. VI, 203. C. de Lagrave: L'autosuggestion naturelle. Rev de I hypnot. XIV, 257. B. Sidis: The Psychology of Suggestion.



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APPENDIX A.

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BATTAGLIA. La dinamica del delitto. Napoli, 1886. BECK, T. R. and J. B. Elements of Medical Jurisprudence. 5th ed. Phila- delphia, 1835. 7th ed., 1838. 10th ed., 1850. 11th ed., 1860. 12th ed., 1863. BEGGS, T. Extent and Causes of Juvenile Depravity. London, 1849. BELL, J. S. The Use and Abuse of Expert Testimony. Philadelphia, 1879. BENEKE, H. F. Gefiingnisstudien -mit besonderer Berficksichtigung der Seelsorge im. Untersuchungsgefdngnis, Hamburg, 1903, BEST, W. M. Law of Evidence. Ist ed., London, 1849. 9d ed., 1855. 3d ed., 1860. 4th ed., 1866. 5th ed., by Russell, 1870. 6th ed., by Russell, 1875. 7th ed., by Lely, 1882. 8th ed., by Lely, 1893. BEVILL, R. Homicide and Larceny. London, 1799. BIDWELL, G. Forging his own Chains; the story of George Bidwell. Is9l. BILLIOD, E. Wie Man stiehlt und mordet. Leipzig, 1906. BLACKET, J. Social Diseases and Suggested Remedies. Stockwell, 1905. BLASHFIELD, D. C. Instructions to Juries, Civil and Criminal. St. Paul, 1902. BOONE, A. B. Increase of Crime and its Cause. Boston, 1872. BRAGG, J. (ed. Ardill, G. E.). Confessions of a Thief. Sydney, N. S. W., 189-. BRESLER. Greisenalter und Kriminalitht. Halle, 1907. BROWN. The Dark Side of the Trial by Jury. London, 1859. BROWNE, H. C. B. Medical Jurisprudence of Insanity. 2d ed., San Fran- cisco, 1875. BUCHANAN, W. Juvenile Offenders. Remarks on the causes and state of juvenile crime in the metropolis; with hints for preventing its increase. London,1867. BUCHNET. The Relation of Madness to Crime. New York, 1884. BUCKHAM, T. R. Insanity considered in its medico-legal relations. Phila- delphia, 1883. BUCKNILL, J. C. Criminal Lunacy, Phil., 1856. BUCKNILL, J. C. and TuKE, D. H. Psychological Medicine. 3d ed., London,1874. BURRILL, A. M. Circumstantial Evidence. New York, 1868.

CAMPBELL, J. Experience of a Medical Officer in the English Convict Service. London,1884. CHAPPLE, W. A. The Fertility of the Unfit. Melbourne & London, 1903. CHITTY, J. Practical Treatise on the Criminal Law. 2d Eng. ed., 4 vols., London, 1826.

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LomBROSO, C., and FERRERO, G. tr. English, ed., Morrison, s. t. The Female Offender. New York-, 1895.

MAcDONALD, A. Criminology. 2d ed., New York, 1893. - Abnormal Man, being essays on education and crime and related subjects. Washington, 1893. (Pub. as Bureau of Education Circular of Information No. 2, 1893.)

Statistics of Crime, Suicide, Insanity, and other forms pf Abnor- mality, and Criminological Studies, with a bibliography. Washington, 1903; reprinted 1908. (Pub. as U. S. Sen. Doc. No. 12, 58th Cong., Spec. sess.) -Man and abnormal Man, including a study of children. Wash., 1903. (Pub. as U. S. Senate Doc. No. 187, 58th Cong., 3d sess.) - Juvenile Crime and Reformation, including stigmata of degenera- tion. Washington, 1908. (Pub. as U. S. Senate Doc. No. 53q, 60th Cong., 1st sess.) MAYHEw, H. Criminal Life. London, 1860. MEREDITH, MRS. A book about Criminals. Londor4 1881. MILLER, D. R. The Criminal Classes; causes and cures. Dayton, 1903. MILLS. Arrested and Aberrant Development and Gyres in the Brain of Paranoiacs, Criminals, Idiots, Negroes. Philadelphia, 1889.- MITTERMAIER, C. J. A. Treatise in German; tr. English, by Cushing s. t. Effect of Drunkenness on Criminal Responsibility. Edinburgh, 1841. MOORE, C. C. A Treatise on Facts, or the Weight and Value of Evidence. 2 vols., Northport, N. Y., 1908. MOTET. Les faux tmoignages des enfants devant la justice. Paris, 1887. MUENSTERBERG, H. On the Witness Stand; Essays on Psychology and Crime. New York, 1908.

NEGRI, ED C. La delinquenza in Italia dal 1890 al 1905. Roma. NicoLAY. Les enfants mal levs. Paris, 1890. NOELLNER, F. Criminal-psychologische Denkwbrdigkeiten. Stuttgart, 1858.

PARIGOT, J. Moral Insanity in relation to Criminal Acts. N. Y., 1861. PARMELEE, M. The Principlos of Anthropology and Sociology in their Relations to Criminal Procedure. New Yorl-, 1908. PLOWDEw, A. C. Grain or Chaff? The Autobiography of a Police Magis- trate. London, 1903. RHOADES, M. C. The Case Study of Delinquent Boys in the Juvenile Court of Chicago. Chicago, 1907. RoscoE, H. Law of Evidence in Criminal Cases. 91d ed., London, 1840; 9th ed., 1878; 11th ed,, by Smith and Kennedy, 1890; 12th ed., by Keep, 1898. U. S.: 2d ed., 1840; Ith e-d., 1852; 6th ed., 1866; 7th ed., by Shars- wood, Philadelphia, 1874; Sth ed., by Sharswood and Wayland, 2 vols., Philadelphia, 1888. RUSSELL, C. E. B., and RIGBY, L. M. The Making of the Criminal. Lon- don, New York, 1906. RYAN, W. B. Infanticide; its law, prevalence, prevention, and history. London, 1862. RYLANDS, L. G. Crime, Its Causes and Remedy. London, 1889.

SAWIN, C. D. Criminals. Boston, 1890. SEAGER, C. Magistrate's Manual. Toronto, 1901. SOMMER, R. Kriminalpsychologie und strafrechtliche Psychopathologie auf naturwissenschaftlicher Grundlage. Leipzig, 1904. SPOONER, L. Essay on Trial by Jury. Boston, 1852. STEPHEN, HERBERT. Prisoners on Oath, Present and Future. London, 1898. STEVENS, J. G. Indictable Offences and Summary Convictions. Toronto, 1880. STOLZ, J. Cause and Cure of Crime; with a treatise on Capital Punishment. Philadelphia, 1880. STRAHAN, S. A. K. Instinctive Criminality. London, 1891. Suicide and Insanity. 1893.

TARDE, G. La criminalit compare. Ist ed., Paris, 1886; 5th ed., 1902. L'opinion et la foule. Paris, 1901. L'homme souterrain. Paris, 19-. THOMPSON. Physiology of Criminality. 1870. THOMPSON, S. D., and MERRIAM, E. G. Organization, Custody and Con- duct of Juries. St. Louis, 1882. TOURRENC, E. tat mental des incendiaires. Paris, 1906. TRAIN, A. C. The Prisoner at the Bar; sidelights on the administration of Criminal Justice. New York, 1906; 2d ed., N. Y., 1908.

VALETTE, P. De l'rostratisme, ou, Vanit criminelle. Lyon, 1903.

WASSERMANN, R. Beruf, Konfession and Verbrechen. Mnchen, 1907. WEINGART, A. Kriminaltaktik. Ein Handbuch fr das Untersuchen von Verbrechen. Leipzig, 1904. WEY, H. Criminal Anthropology. Elmira, 1890. WHEATON, E. R. Prisons and Prayer. Tabor, Ia., 1906. WHITEWAY, A. R. Recent Object-Lessons in Penal Science. ist series, London, 1898; 2d series, 1900; 3d series, 1902. WIGMORE, J. 1-1. A Treatise on the System of Evidence in Trials at Common Law, 5 vols., Boston, 1904-1907. WILMANNS. Zur Psychopathologie des Landstreichers. Leipzig, 1906. WILSON, G. R. Clinical Studies in Vice and Insanity. Boston. WINSLOW, R. Youthful Eccentricity a Precursor of Crime. N. Y., 1895. WOODS, C. H. Woman in Prison. 1869. WOODS, L. Essay on Native Depravity. 1835. WOOLDRIDGE, C. R. The Grafters of America, who they are and how they work. Chicago, 1906. WULFFEN, E. Handbuch ffir den exekutiven Polizei- und Kriminal- beamten, f fir Geschworene und Sch6ffen, sowie fbr Strafansaltsbeamte. Dresden, 1905. - Psychologie des Verbrechers. ~a vols., Gross-Lichterfelde-Ost, 1908 (in Langenscheidt's Enzyclopiidie der modernen Kriminal-statistik.)

SERIALS

(o. p.) Indicates that the journal is known to have ceased publication. * Indicates that the journal is continued from the date given. UNITED STATES. (o.p.) Criminal Law Magazine. Jersey City, Vols. I-XVIII, 1890-1896, Medico-Legal Journal. ed. Bell, C. New York, 1884.* (o.p.) Psychological and Medico-Legal Journal. New York, 1874-1875.

AUSTRIA. Archiv ffir Kriminal-Anthropologie und Kriminalistik. ed. Gross, H. Graz, Leipzig, 1899.*

FRANCE. Archives d'anthropologie criminelle, de criminologie, et de psychologie normale et pathologique (entitled, till Vol. 8, Archives de l'anthropo- logic criminelle et des sciences penales). Founded Laccassagne, Gar- raud, et al.; ed. Dubuisson. Paris, Lyon, 1886.*

GERMANY. Abhandlungen des kriminalistischen Seminars an der Universitiit Berlin. ed. Liszt, F. von. Berlin, 1888 * (irregular-, new ser., Vol. V, 1908.) Allgemeine deutsche Criminalzeitung. ed. Roskoschny. Leipzig, 18-. Bldtter ffir gerichtliche Anthropologic, etc. See Friedreich'8 Blatter. Juristisch-psychiatrische Grenzfragen. ed. Finger, A., Hoche, A., and Bresler, J. Halle, 1905 * (irregular; Vol. VI, 1908). Monatsschrift ffir Kriminalpsychologie und Strafrechtsreform. ed., Aschaf- fenburg, Moss, von Lilienthal, and von Liszt. Heidelberg, 1904.* Zeitschrift far angewandte Psychologie und psychologische Sammelforschung (continuation of Beitriige zur Psychologie der Aussage). ed. Stern, L. W., and Lipmann. 0. Leipzig, 1907.* (o.p.) Zeitschrift fiir Criminal-Anthropologie, Gefiingniswissenchaft und Prostitutionswesen. ed. Wenge, W. I vol., Berlin, 1897. ITALY Archivio di psichiatria, scienze penale, ed antropologia criminale (formerly entitled, Archivio di psichiatria, neuropathologgia, antropologia criminale, e medicina legale). Dir., Lombroso, C., Garofalo, B. R., and Ferri, E.; ed. Andenino. Torino, 1880.*

SOUTH AMERICA Archivos de criminologia, medicina legal y psiquiatria. ed. Ramos e In- gegnieros, J. Buenos Aires, 1902.*

Criminologia moderna. ed. Gori, P. Buenos Aires, 1899.*



APPENDIX B.

Works on Psychology of General Interest.

ANGELL, JAMES R. Psychology. New York. H. Holt & Co. 1904.

BALDWIN, J. M. Handbook of Psychology. New York, 1891. BELL, SIR CHARLES. The Hand - Its Mechanism and Vital Endowments. Philadelphia, 1835. BINET, A. Le fatigue intellectuelle. Paris, 1898. BOURDON, B. L'expression des motions et des tendances dan le langage. Paris, 1892.

CHAMBERLAIN, ALEXANDER FRANCIS. The Child: a study in the evolu- tion of man. London, 1907. COWLES, E. The Mental Symptoms of Fatigue. New York, 1893.

DEWEY, JOHN. Psychology. 3d ed. New York.

EBBINGHAUS, H. Psychology. An Elementary Text-book (translated by Max Meyer). Boston, 1908.

FREUD, S. Zur psychopathologie, des alltagslebens, etc. 2' aufl., Berlin, 1907. -Die Traumdeutung.

HALL, G. STANLEY. Youth; its Educative Regimen and Hygiene. New York, 1907.

JAMES, W. The Principles of Psychology. 2 vols. New York, 1890. JANET, PIERRE. Lautomatisme psychologique. Paris, 1889. The Major Symptoms of Hysteria. N. Y., 1907. JAsTRow, J. The Subconscious. JONES, E. E. The Influence of Bodily Posture on Mental Activities. N. Y., 1907. JUDD, C. ff. Psychology. N. Y., 1907.

KING6 IRVING. The Psychology of Child-development. Chicago, 1904. 91d ed

MACDONALD, A. Abnormal Man. Washington, 1893 (United States Bureau of Education Circular of Information, 1893, No. 4). AIANASEINE, MARIYA. Sleep, its physiology, pathology, hygiene and psy- chology. London, 1908. MARSH, H. D. The Diurnal Course of Efficiency. N. Y., 1906. MERCIER, CHARLES A. Psychology, normal and morbid. London, 1901. MOORE, C. C. A treatise on facts or the weight and value of Evidence. 2 vols. Northport, 1908. Mosso, A. Fatigue. (Tr. by Margaret Drummond and W. B. Drummond.) N. Y. and London, 1906.

NORSWORTHY, NAOMI. The psychology of mentally deficient children. N. Y., 1906.

OFFNER, MAX. Das Geddchtnis, etc. Berlin, 1909.

PAULHAN, F. La fonction de la memoire et le souvenirs affectif. Paris, 1904. PILLSBURY, W. B. Attention. New York, 1908.

RIBOT, T. The Psychology of the Emotions. London, 1897.

SCOTT, W. D. The Psychology of Public Speaking. Phil., 1907. SIDis, B. The Psychology of Suggestion. N. Y., 1898. SIGHELr, Scipio. La foule criminelle: essai de psychologie collective. Paris, 1901. STOUT, G. F. Manual of Psychology. London, 1907.

TARDE, G. L'opinion et la foule. 2d d. Paris, 1904. TITCHENIOR, E. B. Lectures on the Elementary Psychology of Feeling and Attention. N. Y., 1908. A Text-book of Psychology. N. Y., 1909. (New ed. with additions.)

WELLS, FREDERIC L. Linguistic Lapses. With especial reference to the perception of linguistic sounds. N. Y., 1906.



INDEX.

A

ABERCROMBIE, 216, 274.

Accompaniments, imitative, of action, 48.

Accuracy, psychological, and require- ments of law, 107.

Affection, and passion, in judges, 417; in witnesses, 418; and hatred, 418.

After-images, 442.

Aged, memory of, 272.

Aim, of applied psychology of states of mind, 3.

ALEMBERT, 172.

ALFIERI, 393.

ALTMANN, 481.

Amnesia, retrograde, 274.

Analogy, 144; danger of, 145, 147; justification of, 146.

ANDRESEN, 469.

Anger, 286; as motive, 72; against object, 71; against self, 75.

ANGELL, 187. Apriorism, 127. ARISTOTLE, 101, 160, 165, 188, 254, 271, 302. ARNHEim, 210.

Arrest, influence of, 67.

Association, 254; difficulties of, 255; physical expression of, 256.

Assumption, 148, 149.

Astonishment, described, 92; causes of, 93; significant in law, 93.

Attention, effect of, 40; and the sub- conscious, 248.

Attitude, intellectual, varieties of, 376; emotional, 377; of indiffer- ence, 378; influence of bodily con- ditions on~ 380.

&ttraction, feeling of, 286.

AUBERT, 169, 191, 199, 202, 203, 205, 206, 225, 247, 428.

AUERBACH, 192.

Authority, 242. Autodidacts, 393. Avocation, and error, 65.

B BAER, 85, 415. BAiTS, 5. BAIN, 75. BALDwiN, 364. BALZAC, 102, 342, 353. BAZERQUE, 272. BECHTEREw, 245. BECKER, 302. BELL, 44, 84, 1-01. BEN DAVID, 67. BENEDICT, 410. BENEKE, 223, 229, 330. BERGSON, 43, 76, BERKELmy, 260. BERNARD, 125. BERNHARDr, 72. BERNSTEIN, 191, 200, 434. BERGQUIST, 192. BERILLON, 492. BERZi, 79. BEZOLD, 211. BINET, 367. Blank, expression of the eyes, 98. BLEULER, 2. Blind spot, 207. BLUMR8DER, 77. Blushing, 50; how prevented, 51; evidential value, 52; relation to age, artificial, 53. BOCCACCIO, 29. Bois-REYMOND, 182, 227, 282, 411Y 463. BOLTON, 271. BOLTZMANN, 124. BONr1GLI, 2. BoRgE, 85.

BORST, 227, 377. BOURDIN, 368. BoURDON, 259. Boys, as witnesses, 366. BRAUN, 320. Brief, and jury, 164. Brightness and clearness, 199. BROussAis, 369. Brow, contraction of, 97. BUCKLE, 410.

C Captivation of visual capacity, 439. CARIAER, 480. CARPENTER, 453. CARUS, 24, 84, 101. CATTELL, 231, 259. Causal principle, as method, 118; mis- takes in inference of, 119; nexus of, and observation, 120; and habit, 126. Causation, law of, neglected, 5. Cause, similarity to effect, 121; and impulse, 121; danger of argument from, 123,; and immediately pre- ceding condition, 123; not apriori, 126. Chance, 159; and law, 161; theory of, 160. Change, in effect, 12. Character, correlated with crime, 55; and promises, 58; and religion, 387; and laughter, 396. Character-units, somatic, 69. Child-murder, 358. Children, 364; as subjects of, phys- iognomies, 87; justice in, 365; sexual differences, 366; as wit- nesses, 366; in city and country, 367; senses of, 367; representation in, 368; time-sense of, 368; practical and unpractical, 369; delinquency of, 371; egoism of, 371; memory of, 270. CHOULANT, 1. CicERo, 165, 265. Circumstances, irrelevant to proof, 114. CLAPAREDE, 49, 50, 227. Classes, the conscienceless, 17.

Clearness, and brightness, 199; in- fluences of background on, 199. Color, 204; existence of, 205; disap- pearance of in darkness, 206. COMBE, 487. Comparison, influence of bodily con- ditions on, 381; and inference, 170. Conceit, causes guarded statement, 8; caused by sexuality, 325; influence of, on knowledge, 328. Conception, 221; basis of, 225; sub- jective nature of, 225; influenced by environment and training, 228; feminine, 333. Concomitants, accidental, and cause, 127. CONDILLAC, 188. Conditions, influence of on language, 291; constantification of, 11. Confession, 31; and secrets, 31; mo- tives of, 32, 109, 114; begins judge's work, 33; not proof, 33, uses of, 34; suggestive influence of, 36; how offset, 36; truth of, 114; partial, 110; accusing, 112; reliability of, 114. Connection, logical, and experience, 142. Consequences, and knowledge, 184. Conservatism, of woman, 340. Constantification, of conditions, 11. Contact, reaction-time to, 218. Contraction, of brow, 97; significance of, 98. Contradiction, insurance against, 7. Conviction, self-developed, 68. COPERNICUS, 222, 223. CoRRE, 2, 307. Correctness, formal vs. material, 4; influence of effort on, 142. COTTA, 84. COURNOT, 153. CRAMER, 427, 492. Crime, objective, 3; and desire, 68; and need, 57; and woman, 310. Criminalist, 2. Crooks, underestimated, 428. Cruelty, related to bloodthirstiness, etc., 77; and sex, 77; and epilepsy, 78; feminine, 355. Custom, influence of on visual per- ception, 203.

D DALLEMAGNE, 2. "Dark'' perceptions, 228. Darkness, vision in, 204. DARWIN, 44, 46, 51, 73, 74, 76, 84, 87, 88, 90, 92, 99, 104, 237, 287, 330, 410, 411. Deafness, 211. DEBIERRE, 410. Defiance, 94. Deformity, evil results of maltreating, 70. DEuN, 213. DEKTEREw, 416. DELB0EuF, 433. DELBRi'TCK, 479. Delinquency, juvenile, 369; influence of puberty on, 370; exaggerated ac- counts of, 370. Deprivation, 95. Derision, 95. DESCARTES, 188. Desire, 67; and crime, 68. DESPINE, 411. DEssoiR, 492. Dialect, 293. DiERL, 21, 259. DiETz, 436. Dilettantes, 393. 1)imension, third, and image, 235. Discursiveness, help against, 19. Dishonesty, in women, 341; causes hypocrisy, 343. Dispositions, 234; and habit, 408. Distribution, equal, and probability, 133. Disturbance, factors of, 21. DOM,'ER, 192, 260, 403. Dream, 481. Dress, 82, 83. DRILL, 410. Drink, quantity of, 490.

DRORISCH, 180, 269, 282, 283, 374. DRUCKER, 492. Drugs, influence of on sense of touch, 215. Duality, of causal problem, 118. DUCHENNE, 85. Duplication and imitation, 415. Dying, memory of the, 274.

E EBBINGHAUS, 259, 260, 262, 265, 271. ECKARTSHAUSEN, 1. Education; by examples, necessary, 24; dangers of, 386; of jury, 24; one- sided, in witnesses, 392. Effect, 11. Effort, influence of on correctness, 142. Ego, influence of dual nature of, 252. Egoism, potent in law, 25; important in examination, 26; criterion of ve- racity, 28; of children, 371; of foolishness, 401; and prejudice, 413. ELLIS, 2. Eloquence, of judge, 163; and jury, 164; of pleaders, 164. Emotionalism of woman, 359. Emotions, 283; effect of, 100; grada- tions in, 284; how to judge, 287. ENGEL, 85. Ennui as submerged sexuality, 324. Envy, 419. EPICURUS 160. ERDMANN: 232, 248, 396, 399, 400. Error, and avocation, 65; how ex- cluded, 13. Esprit de corps, 64; and evidence, 65. ESSER, 102, 405. Estimation, of optical magnitudes, 428. EULENBERG, 421. Events, psychical, and physical pro- cesses, 42. Evidence, conditions of taking, 7; method of taking, 7; effect of per- suasive, 36. Examples, education by, necessary, 24; dangers of, 251. Excellences characterize, 252. Exceptions and rules, 134, 135. EXNER, 166, 174, 228, 230, 237, 238, 263, 377, 428, 441, 471. Expectation, influence of, 251. Experts, 14; are human, 14; their opinion of judiciary, 37; and rules of inference, 133. Exposition, influence of on meaning, 290. Expression, incorrect forms of, 296. Expressions, emotional, 43; inherit- ance of, 43; contradictory, 43; Darwinian principles of, 88; dan- ger of mistaking, 89. Eyes, closing of, 89.

F Factors, of disturbance, 21. Facts, why overlooked, 250. Fainting, cause of, 76; of women, 344. Fallacies, 177; the pathetic, 398. Fancy, and memory, 264. Far-sightedness, and myopia, 201. Fatigue, and misunderstanding, 473. Fear, described, 74; and innocence, 420 FECHNER, 188, 200, 220, 378, 437, 448, 458, 465. FERRERO, 215, 315, 339, 480. FERRI, 2. FERRIANI, 364. FICHTE, 259. PICK, 150, 191. Figures, memory for, 268. FINx, 302. FISCHER, E. 1., 160, 191, 197, 221, 377. FISCHER, KUNo, 352. FLOURNOY, 450. FODER9,436. F6LDES, 179. Foolishness, 253, 399; Erdinann on, 400; egoism of, 401; intellection of, 405. Foot, 104. Forgetting, time of, 271. Form, of life, 67; and inference, 16S; visual perception of, 201.

FREUD, 161, 268, 467, 481. FRIEDMANN, 416. FRIEDREIcH, 45, 52, 77, 309. 323, 370. Friendships, of women, 353. F116BEL, 20. Function, feminine, defines woman, 304. Funded thoughts, important, 21; diffi- cult to discover in jurymen, 22.

GALL, 84. GALTON, 215, 259, 410. GASSENDI, 188. GEIGER, 240, 288, 296. Generalizations, mistaken, 178. General view, importance of, 55. Germany, 1. GEROCK, 161. GERSTICKER, 53. GESSMANN, 85, 101. Gesticulation, observation of, 49; com- pared with writing, 49. Gesture, 43; importance of, 44; na- ture of, 45; relation to voice, 48. 'GIRAUDET, 85. Girls, as witnesses, 366. GNEIST, 5. GOETHE, 25, 156, 239, 247, 249, 387, 388, 464, 468, 479. GOLDSCH-.NIIDT, 5. GOLTZ, 85, 348. GRASHEY, 115. GRATIOLET, 87, 88. GROHM,~NN, 1, 283, 370. GROSS, 0., 176, 179. GITGGENHEim, 7. GURNILL, 180. GUTBERLET, 181, 182, 391. G-.URKOVECHKY, 69.

H HAACKE, 410. Habit, 406; and skepticism, 127; and skill, 407; and disposition, 408. Hair, rising of the, 73; turning white, 73. HALL, 367. Hallucinations, distinguished from il- lusions, 455; causes of, 456. Hand ' the, 100; effect of use on, 101; bibliography of, 101; described, 102; evidential value of, 101, 103; move- ments of, 104. HARLESS, 100. HARTENBERG, 75. HARTENSTFIN, 60, 252. HARTMANN, 167, 177, 281, HASELBRUNNEu, 39. Hat, 53. Hate, in women, 354. Hatred, 286, 418. HAUSNER, 31. Hearing, problems of, 208. HEERWAGEN, 482. HEINRICH, 205. HEINROTH, 1, 327. HELLENBACH, 103. HILLEBRAND, 105, 106. HELMHOLTZ, 42, 189, 191, 197, 202, 204, 207, 218, 233, 241, 242,380, 407, 429, 443, 449. Help, against discursiveness, 19. HELVETIUS, 188. HFNLE, 50. HENRI, 367. HENSEN, 259. HERBART, 85, 188, 236, 259, 383. Heredity, 410. HERING, 259, 278, 403. Heroification, 253. HEUSINGER, 85, 309, 367. HIGIER, 245. HiPPEL, 56. HIRSCH, 492. HOBBES, 255. HOFFBAUER, 1, 319, 488. 116FLER, 161, 243, 267, 464. HOFMANN, 227. HOLLAND, H., 274, 373. HOLTZENDORFF, 2. Home-sickness, influence of, 78. Honor, 421. HOPPE, 436, 456, 457, 465, 473. HUBERT, 274. HUGHES, 85.

HUMBOLDT, 160, 201. HUME, 119, 126, 129, 130, 131, 157, 164, 171, 221, 240, 254, 260, 388,406. HUXLEY, 176. Hypocrisy, feminine, depends on dis- honesty, 343. Hysteria, 331.

ICARD, 312. Ideas, imaginative, 459; personal equation in, 462; observation of, 463; and perception, 464; and pre- monition, 466. Idiots, memory of, 270. Ignorance, 23; to be generally pre- supposed, 23. IHFRING, 10. Illumination, retrospective, of per- ception, 194; differences of, 200. Illusions, of memory, 275; how dis- covered in witnesses, 423; classifica- tion of, 424; limits of, 424; and false inference, 425; optical, 428; of movement, 435; subjects of opti- cal, 436; reasons for, 437; auditory, 443; causes of, 444; of normal people, 446; tactual 449; of tastd, 452; olfactory, 453. Image, 233; difference from object, 233, 234; and speech, 235; and third dimension, 235; and move- ment, 236; alterations observable in, 236; and time, 237. Images, and truth, 224; effect of on views of the uneducated, 391. Imagination, 232; difficulties of, 233; ideas due to, 459. Imitation, accompanying action, 48; and the crowd, 415; and duplication, 415. Impatience, 19; dangers of, 20. Inanimate, perversity of the, 72. Inclination, 393; and vagabondage, 394. Indifference, attitude of, 378. Induction, 137; and the lawyer, 138; and analogy, 138; difficulties of, 139; sympathetic, 440. Inference, 105; relation to logic and psychology, 106; and occupation, 167; and form, 168; unconscious, 168, and comparison, 170; and pos- sibility, 170; and historical truth, 17 1; Hume on, 17 1; and irregularity 173; made by witnesses, 175; and MS., 175; origin of mistakes in, 176; false, compared with illusion, 425.

Influences, reciprocal, 121; isolated, 406.

Information, source of, 62.

Innervation, muscular, and sight, 204.

Instinct, maternal, 321.

Instruction, public, and understand- ing, 241.

Intellection of foolishness, 405.

Intelligence, feminine, 332; weakness of, 362.

Intercourse between judges and ex- perts, 14; and jurymen, 15.

Interest, 37; importance in judge and expert, 38; how aroused in wit- nesses, 39; and attention, 39; in- fluences conception, 381.

Intermediaries, skipping of, 124.

Intoxication, 484; and responsibility, 485; and theft, 488; Hoff bauer on, 488.

Irradiation, 442.

Irritation, causes crime, 77.

Isolation, effect of on character, 396; on health, 397.

Issue, must be defined, 11.

Inventors as witnesses, 66.

J

JAMES, W., 187, 467.

Jealousy, in women, 351.

JESSEN, 186, 275, 482, 483.

JODL, 259.

JOST, 267.

Judge, 9; relations to witness, 9; and experts, 14; and jury, 15; and confession, 31; importance of inter- est to, 14; as persuader, 162; affec- tion and passion in, 417.

Judgment, 165; and inference, 165; and numbers, 174; feminine, 336. Jurisprudence a natural science, 10. Jury, 24; education of, 24; to be studied, 165; trial by, 106. Justice, criminal, 1; of women, 359.

K KANT, 2, 45, 64, 131, 154, 160, 173,

188, 251, 263, 264, 267, 283, 361, 388, 401, 402, 403, 409, 421, 475.

KEMSIEs, 270.

KIEFER, 478.

KIRCHMANN, 152.

Knowledge, 183; and consequences, 184; and truth, 184; possibility of a priori, 7; of human nature, impor- tant, 15; compared with knowledge of law, 16; feminine, influenced by conceit, 328.

KOCH, 2, 259.

KOSLOW, 410.

KRAFFT—EBING, 2, 313.

KRXP~LrN, 259, 277, 292.

KRAUS, 2, 68, 324, 371, 373, 401.

KRIES, 153, 192, 210, 263.

KbLPE, 260, 276.

KURELLA, 2.

L

LAFONTAINE, 369. LAGRAVE, 234, 492. LANGE, 85, 259, 367. Language, importance of, 287; re- lated to character, 288; substitu- tions of, 289; and tone, 290. LAPLACE, 150. LANDOIS, 81. LANDSBERG, 101. LARDEN, 435. LARoCHEFOUCAULD, 58, 100, 123, 402. LASCHI, 416. LAssoN, 259. Laughter, cause of, 76; and char- acter, 396. LAVATER, 83, 84. Law, empirical, 136; Weber's, 188; requirements of, and psychological accuracy, 107; and understanding, 242.

LAZARUS, 25, 48, 54, 252. Leaps, in inference, 167.

LE BRUN, 84.

Legal sciences backward, 5. LEHMANN, 42, 259, 284.

LEIBNITZ, 135, 149, 188, 275, 385, 482. LEROux, 337.

LICHTENBERG, 238, 275. LiEBMANN, 135, 199, 204.

Lie, the, 474; the pathoformic, 479. LIERSCH, 101.

Lines, position of, 429; illusory, 431. Lipps, 138, 144, 234, 246, 254, 379, 427, 429.

N:SiscH, 365, 368.

Locality, influence of, on recollection, 266.

LOCKE, 150, 188, 262. LoHSING, 31, 280, 474.

LoMBROSO, 2, 45, 77, 195, 215, 315, 326, 339, 340, 341, 346, 355, 369, 373, 410, 416, 480.

LONGET, 212.

LOTZE, 28, 78, 85, 158, 160, 199, 264, 326, 328, 379, 427.

Love, in women, 309, 350. Loyalty of women, 347.

LUCAS, 411.

M MACH, 222.

MAGNUS, 85.

MANTEGAZZA, 85, 319, 334, 341, 343, 344, 355. M&RBE, 39. MARCHAUD, 410. MARION, 301.

MARRO, 2.

MARTINAK, 410. MAsARYK, 130.

MASCHKA, 2.

Alaster-lawyer, the, 9. Material, source of, 4. Maternal instinct, 321,

MAUDSLEY, 2, 48, 185, 237, 260, 264, 276, 368, 393, 465, 481.

MAYER, MAx, 117.

MAYER, VON, 184, 255.

Maxims, about women, dangerous, 308.

MEINONG, 119, 188, 459, 471.

Memory, 258; and reproduction, 261; and time, 261; theories of, 262; proportionate to activity, 263; Kant on, 263; of pain, 264; and fancy, 265; of the dying, 274; of the senile, 375; anomalies of, 272; and wounds in the head, 273; illusions of, 275.

Men of power as witnesses, 66.

MENGFR, 5.

MENo, 7.

Menstruation, facts of, 312; effects of beginning of, 313; modifies percep- tion, 314; and sensibility, 315; causes theft, 316.

Method, defined, 3; of drawing out witnesses, 20. METZGER, 1. MEYER, L., 53.

MEYER, M., 448.

MEYNERT, 52, 85, 86.

MICHEL, 85.

MICHELET, 307.

MILL, 121, 123, 138, 153, 154, 155, 156, 173, 176, 178, 181; 223, 290, 388.

Mistakes, of inference, 176; aprioristic, 177; of observation, 177, 222; of generalization, 177; of confusion, 177; of the senses, 422; in practical affairs, 423.

Misunderstandings, verbal, 467; through verbal substitutions, 470; through fatigue, 473.

MITCHELL, 77.

MITTERMA_IER, 32, 106, 149, 161, 175, 188, 303, 368, 389, 398, 492. Mnemotechnique, 279; dangers of, 280. MOBIUS, 307. MOLL, 477. Money, and women, 338. MONNNIGSHOFF, 484. Moral perversions associated with path- ological phenomena, 45. MORE, 236. MOREAU, 369. Mosso, 85, 458. Motives, apparent and real, 68. Mouth, closing of, 90. Movement, illusions of, 435; and im- age, 236. MtLLER, J., 84, 86, 465. MINCH, 1. MbNSTERBERG, 174, 179, 210, 259, 283, 469, 491. N NXcKE, 45, 71, 77, 1.80, 181, 238, 300, 478. Na:ivet6, 402. Names, memory of, 268. NASSE, 3619% NATORP, 259. Natural science, method of, in daily routine, 9. Nature, and nurture, 384. Need, and crime, 57. NEUMANN, 319. NEWTON, 101, 251. Nexusl causal, and observation, 120. NOEL, 84, 252. Normal people, auditory illusions of, 446. Nostalgia, 77. Number, and judgment, 174. Nurture, and nature, 384; influence of, 385.

O Objectivity, feminine lack of, 334. Observation, as corroboration, 55; differences in, 376. Obstinacy a form of egoism, 27. Occupation, and inference, 167. "Occurrence,'' 256. Officials, impose on witnesses, 8. Old maid, the, 329. Olfactory illusions, 453. OLZELT-NEwiN, 385. OPPENHEIM, 364. Opportunity, 57. Organization, of case, 12.

Orientation, 230. Orifice, influences size of object seen through it, 430. ORTH, 255. OSTWALD, W., 243. OTTINGEN, 137. OTTOLENGRI, 195, 215.

P Pain, reaction-time to, 218; memory of, 264. Paling, 50. PANum, 483. Paramnesia, 275; causes of, 276. PARISH, 427. Passion, and affection, 417; in judges, 417; in witnesses, 418; and hatred, 418; process of, 420. Pathetic fallacy, the, 398. Patience, importance of, 18. Peculiarities of recollection, 268. Perception, purity of, 190; visual, 198; and size, 199; relation to con- sciousness, etc., 221; limitations of, 225, 226; influence of environ- ment and training on, 227; "dark,'' 228; how to test differences in, 229; of experts, 229; subconscious, 230; and orientation, 230. PEREZ, 369. Personal equation, the, 376. Perspective, 430. Perversions, moral, associated with pathological phenomena, 45. Perversity of the inanimate, 72. PESCH, 189. PETRONIEVICS, 147. PETRUSKEWISCH, 410. Phenomenology, defined, 41. Phrenology, relation to physiogno- mies, 85. Photographs, judgment of the unedu- cated on, 390. Physiognomies, bibliography of, 84; defined, 85; basis of, 86; best studied in children and simple people, 87. PIDERIT, 84, 87, 99. PIESBERGEN, 4S4. Piety, as submerged sexuality, 323. PLATEAU, 443. PLATNER, 1. PLATO, 3, 4, 259. PLOSCHKE, 364. Poets, the, on woman, 305. Poisoning, a feminine Crime, 356. PORTA, 83. Position, of lines influences size, 427. Possibility, 157; and inference, 170. POTET, Du, 269. POUCHET, 9, 7-3. Practicality of scientific method, 11. Pregnancy, 317. Prejudices, 177, 412; and egoism, 413; and names, 414. Premonitions, 466. Prepossession, 412; and egoism, 413; and names, 414. PREYER, 210, 368. Principle, the fundamental, 4. Probability, 131; and skepticism, 131; increases through repetition, 132; and equal distribution, 133; value of, 148; conditioned and uncondi- tioned, 151; Kirchmann on , 152; and criminal procedure, 157; and rule, 158. Promises, and character, 58. Promoters as witnesses, 66. Proof, irrelevant circumstances to , 114 Propaedeutic, philosophical, 1. Property, woman's sense of, 346. "Proved,'' 147. Psychological handling, correct and incorrect, 15. Psychology, criminal, of law, 1; a bone of contention, 2; as psychiatry, 2; as anthropology, 2; form of, 2; and statistics, 179. Puberty, influence of, on juvenile delin- quency, 370. Punctuality, feminine, 340.

Q Qualities, how related, 61. QUANTZ, 206.

Quarrels with women, 338. Questions, positive and negative, 139. QUETELET, 160.

R Rage, 96. Recognition, 221, 260. Reflex actions, 79; how caused, 79; distinguished from habit, 80; not inevitable, 81; require codperation of brain, 82. REGNAULT, 2, 292. REICH, 85, 307. REICHENBACH, 76, 313. REID, 89, 130, 188, 259, 430. Religion, and character, 387. RENooz, 307. Repetition and probability, 132; and touch, 220; influences perception, 228. Reproduction, and memory, 261; forms of, 263; rules for helping, 265; and locality, 266; peculiarities of, 268; field of, 269; of idiots, 270- of children, 270; of the aged, 27~. Resignation, 96. Resolution, importance as sign, 91; in jurymen, 92. Responsibility, and intoxication, 485. RIBOT, 259, 385, 411. RICHARDSON, 410. RONCORONi, 215. ROSEGGER, 63. ROSENKRANZ, 160. Rule, 158; and exceptions, 134; and probability, 158; for helping rec- ollection, 265. RYKiRE, 307.

S Sadism, 77. SAND, 352. SANDER, 259, 275. SAULLE, Du, 316. SCHACK, 84. SCHAUMANN,1. SCHEBrsT, 85. SCHIEL, 109, 147, 159, 160, 174, 222, 376, 381. SCHMIDT, 54. SCHNEICKERT, 266. SCHNEIDER, 85. SCHOPENHAUER, 56, 128, 343, 359, 384, 396, 464. SCHRENCK-NOTZING, 77, 115. SCHULTZE, 79. ScHuPPE, 237. SCHWARTZ, 120, 192. SCHWEIGER-LERCHENFELD, 307. ScHwoB, 317. Scorn, 93; in witnesses, 94. Secrets, 28; hard to keep, 29; judge's duty toward, 29; as confession, 31; damage through revelation of, 30; how discovered, 31; and women, 364. Self, as centre of reference, 248. Self-knowledge, a guide, 58. Senility, 372; in witnesses, 374; types of, 374; memory in, 375. Sensation, subjective, 191; and nerv- ous system, 192. Sense-perception, importance of, 187; relation to optical and acoustical knowledge, 189; and social status, 190. Senses, of children, 367; vicariousness of the, 193. SERGI, 319, 350. SFR'.',OFF, 410. Servants, as sources of information, 63. Sexl as submerged cause of crime, 322; as piety, 323; as ennui, 324; as conceit, 325. Sexuality, of women, 320; as maternal instinct, 320; in criminal situations, 321. SHINN, 364. SICARD, 215. Side-issues, confused with central ones, 116. SIDIs, 481, 492. SIGHELE, 416. Sight, sense of, important, 196; tested by touch, 197; process of, 197. SINSTEDEN, 434. Size of lines influenced by position, 427.

Skepticism, 127; and habit, 130; and probability, 131. Skill and habit, 407. Skin, transpositions of, and tactile sense, 219. SKRAUP, 85. SLAUGHTER, 40. Sleep, 481. Smell, sense of, 213. Smile, the, 94. SMITH, 302. Smuggling, and women, 345. SOCRATES, 7, 169. SOMMER, 276. Sources, various, of evidence, 12. Sound, direction of, 210; conduction of, 210. Sparkle, 206; of the eyes, 96. Specialist, 125. Speech, and image, 235. Speed, a test of knowledge, 231. SPENCER, 44, 46, 74, 102, 360. SPINOZA, 160, 260. Spite, 94; how treated, 95. Statistics, and psychology, 179; of suicide, 181. Statutes, aprioristic, 5. STEINTHAL, 298. STERN, 192, 307. ST6LZEL, 434. ST6RC.R, 236. STRICKER, 48, 118, 122, 166, 204, 236, 255, 437. STRINDBERG, 212. STRUVE, 56, 68. Stupidity , , 398, 400. Style, and character, 58. Subconscious, the, 245. Substitutions, and misunderstandings, 470. Success, conditions of, 14. Succession, importance of the order of, 13. Suggestion, 491; not involved in guidance, 9. SULLY, 138, 259, 276, 451, 456, 464. Symbol and symbolized, 244. T TAINE, 250, 274, 382, 410, 452, 465, 466, 471, 482. TARDE, 385, 410, 415, 416. Taste, 212; fflusions of, 452. Tears, of women, 344. Temperament, 395. Temperature, sense of, 217. TERTULLIAN, 169. Testimony, blind acceptance of, 8; contradictions in, 108; interpreta- tion of, 108; of women, 310. Thinking, mechanism of, 243; and symbol, 244. THOMPSON, 433. THOMSON, 2. TIGERSTEDT, 192. Timbre, vocal, 46; influence of emo- tions on, 47; corroborative value of, 47. Time, and image, 237; of day and mental processes, 245; children's sense of, 368; influence on concep- tion, 383; and isolation, 397. Timidity, 75. Toes, 104. Touch, 215; tests sense of sight, 197; relation to other senses, 215; in- fluence of drugs on, 215; how af- fected by transpositions of skin, 219; and wetness, 219; influence of repetition on, 220; and form, 220; bodily sensitiveness to, 220; illu- sions of, 449. TRACY, 364. Training, of witnesses, 16. Tramps, 17; congenital, 18. TRENDELENBURG, 146, 160. Truth, and persuasion, 161; and man- ner, 162; historical and inference, 171; and knowledge, 184. TYLOR, 288, 290. TYNDALL, 209. U Understanding, 238; how gauged in witnesses, 239; and public in- struction, 241; and law, 242. Uneducated, views of the, 388.

Unit-characters, 46; variety of recog- nition of, 46. UPHuEs, 260, 267, 472,

V Vagabondage, 394. Valuation, of evidence, 12. Variation of conditions, 12. VASCHIDE, 192. VENN, 150. Veracity, egoism a criterion of, 28. Vicariousness of the senses, 193. VIERORDT, 220. Views, influence of on evidence, 377; of the uneducated, 388. VINCENT, 202. VISCHER, 72. VIRCHow, 86. Visual perception, artificial differences in, 202; binocular, 203; influence of custom on, 203; in darkness, 204; and form, 201; and muscular in- nervation, 204. Voice, relation of to gesture, 48. VOISIN, 370. VoLKmAR, 1, 15, 39, 60, 67, 74, 162, 244, 269, 299, 307, 375. VURPASS, 192. W WAGNER, 180, 181, 385. WAITZ, 51, 85. WARK6NIG, 10. We, as a character-mark, 60. Weakness, of women, 362. Weaknesses, shown to inferiors and servants, 62. WEBER, 188, 217, 220, 441. Weber's law, 188. WERNICKE, 455. Wetness, and touch, 219. WHATELY, 147. WIENER, 85. WIERSMA, 39. WiU, 281. WINDELBAND, 160, 161, 233. WINKLEMANN , 102. Wisdom, 403. WiTAsrm, 464. Witnesses, do not know what they know, 8; imposed on by officials, 8; wandering of, 17; wordy, 18; laconic, 19; method of drawing out, 20; difficulty with educated, 23. Woman, 300; basis of judging, 302; status of, 302; defined by her func- tion, 304; poet on, 305; difference from man, 307; danger of maxims about, 308; and love, 309, 350; crimes of, 310; testimony of, 310; quarrels with, 338; and money, 338; punctuality of, 340; conservatism of, 340; dishonesty in, 341; hy-

pocrisy in, 344; tears of, 344; fainting of, 344; and smuggling, 345; and property, 346; loyalty of, 347; jealousy of, 351; friendships of, 353; hatred in, 354; cruelty in, 355; emotionalism of, 359; weak- ness of, 362; and secrets, 364. Words, and conception, 290; influ- ence on conception, 381. Writing, like gesticulation, 49. WUNDT, 85, 210, 260.

Z ZLNER, 433.

THE END