SigPhi · Havelock Ellis

The Criminal

English

Page 17 of 19

The next paper was by MM. Taverni and Magnan on the childhood of criminals, and the natural predisposition to crime. M. Taverni had made a number of investigations on children in reformatories--a study which he called pedagogic biology--and had traced backwards the childhood of criminals, and forwards the career of unpromising children. The chief indications he had found in the childhood of criminals were inaptitude to education, resistance to family order, and the revolt against social conventions. Among adult criminals one found in childhood the same characters of inaptitude and resistance. For M. Magnan the child was often already a complete criminal, as the result of physical and moral degeneration, due to nervous, insane, or alcoholic heredity. He regarded the matter as a purely clinical one (following Moreau, of Tours, and Morel). He brought forward many interesting examples, and pointed out that in all of them sexual aberration played a very prominent part. An interesting discussion followed. MM. Motet, Dalifol, Roussel, and Herbette regretted that the State did not undertake the care of children at an earlier age, when there was greater hope of the favourable influence of physical, moral, and intellectual education. M. Lombroso, while expressing his great esteem for M. Magnan (the Charcot of alcoholism, as he called him), was not able to agree with him. What he had himself said about children was founded on the observations of Perez, Taine, and Spencer.

Moral sense was often lacking in the child. He was an embryonic criminal. MM. Moleschott and Van Hamel spoke in defence of the child who is unconscious. He was not chaste, because he had no ideas of modesty. He had no respect for truth, and the destructive instinct is strong in him. M. Moleschott referred to the anecdote in which Goethe recorded the delight with which, as a child, he once produced a terrible carnage among the crockery. But we must not confuse a phase of evolution with the conditions of disease or criminality. M. Rollet, the advocate who pleads before the tribunals at Paris the cause of all children who are arrested (about 20 to 30 boys and 8 to 10 girls every day), said that he always pleaded irresponsibility, and demanded an acquittal. The child was then either handed over to its parents, or to the philanthropic society of which Th. Roussel is president. If the child appeared vicious, he demanded that he should be sent to a reformatory until the age of 20. He judged by the physiognomy and the history, but thought it would be a great advantage to have the competent advice of a criminal anthropologist. This wish was immediately satisfied. M. Manouvrier offered to come to the Palais de Justice every day. Mme. Pigeon said that in her experience she had never met a child of five or six, however perverted and vicious, who was refractory to education. It was, however, a task requiring great care and devotion. The regeneration of the child, M. Eschenauer said, could only be by love. M. Roussel, who has devoted his life to the cause of the disinherited children of society, spoke of the progress that had been made, and said that the tendency was to enlarge more and more the sphere of the State.

At the afternoon session, presided over by M. Drill, M. Brouardel called the attention of the Congress to troubles of development appearing at puberty. He drew a vivid picture of lively and intelligent Paris _gamins_ whose precocious development is arrested at puberty, both physically and mentally. The sexual organs do not develop, hair does not appear on the body. Instead of this, at 16 or 18 they become plump and feminine in appearance and manners, and there is sexual impotence. Previously brilliant at school, they now become lazy, and incapable of sustained attention or effort. In later life they may become artists, poets, or painters, if born in easy circumstances, but their work does not give proof of the higher artistic qualities. Their devotion to those who surround them is often of almost feminine tenderness. The chief factors in producing this acquired degeneration are complex, such as overwork, unhealthy dwellings, precocious sexual habits, and early alcoholism. M. Herbette then described the efforts of the French Government in what he described as moral orthopædics. They endeavoured to remove from the child every idea of fatalism. M. Bérillon said he had been very successful in treating vicious children by suggestion, and had succeeded in curing bad sexual habits at one sitting.

M. Tarde then gave a summary of his report on the old and the new foundations of moral responsibility. In this interesting and ingenious paper, of a somewhat metaphysical character, he tried to show how moral responsibility harmonises at once with the human conscience and with contemporary science. Responsibility rests on identity, and by identity he meant individual identity and social identity. This responsibility rests on the determination of our actions, and is only relative. Mme. Clémence Royer replied from a strictly scientific standpoint. All our acts are determined by our physical nature. M. Coutagne refused to enter the domain of metaphysics. The question was a practical one, and every individual, sane or insane, must be treated as responsible. M. Motet said the question was a clinical one. If the individual is normal, his responsibility is complete; if he is abnormal or degenerated, his responsibility is limited; if he is insane, his responsibility is _nil_. M. Manouvrier would reject metaphysics absolutely. M. Ferri said that we must not accept the conceptions of merit and demerit. All men are responsible before society, but society has no right to punish. It has only the right to protect itself. M. Tarde, in a spirited speech, defended his position. He protested against the confusion of the criminal and the insane. There is a profound reason for the fibres of indignation and contempt that is rooted in us, and as long as they persist we shall turn them against the criminal who acts in accordance with his native and not morbid character.

On Saturday morning Professor Lombroso presided. A proposition declaring that it is desirable that every Government should adopt Bertillon’s anthropometric method for the identification of recidivists was unanimously adopted. M. Semal then read a paper on conditional liberation and conditional detention. The beginnings of these have already appeared in several countries, but to carry them on safely on a more extended scale it is necessary to practise the most careful physical and psychical examination of the prisoner. This would create, under the shield of medical science, a clinical field of the bar. It would also necessitate the spread of knowledge which is now lacking, and a re-organisation of the administration and medical inspection of prisoners. M. Bertillon trusted that anthropological considerations would not lead the prison administration to neglect its duties of moral reformation. M. Benedikt said that prison chaplains agreed with medical men in recognising the incorrigibility of certain criminals. M. Drill thought that we must clearly distinguish judgment from punishment. Reference had been made to the sentiments of hatred and revenge, but those sentiments were the outcome of habit or atavism. Formerly they were exercised in the same way against the insane. The change of feeling towards the insane is due to a true appreciation of the nature and causes of insanity. We do not sufficiently consider the conditions under which criminals are placed. It is not without reason that our Russian people speak of prisoners as “unfortunates.” M. Vesnitch (the official representative of Servia) desired that the legal side of the question should not be lost sight of. The study of anthropology and of law ought to be compulsory for all those who desire to become governors of prisons.

M. Sarraute then read a paper on the judicial applications of criminal sociology. Law students should be examined in criminal anthropology and legal medicine. Imprisonment should be for an indefinite period, and the prisoner carefully observed and examined. The jury should be modified. M. Tarde observed that advocates were already using the results of criminal anthropology, and it was necessary that magistrates should be in a position to appreciate the bearings of such arguments.

M. Taladriz then read a paper on “Criminality in its relations with Ethnography,” drawing his illustrations largely from Spain, where crime differs greatly in different parts of the peninsula. He desired the establishment of an international penal code, protecting the rights of nationalities.

In the afternoon Professor Benedikt presided, and M. Van Hamel read his report on the “Cellular System from the point of view of Biology and of Criminal Sociology.” He concluded that there should be a very careful selection of cases for cellular isolation, subject to psychical and medical examination. The results depended quite as much on the treatment adopted during the cellular confinement as on the confinement itself.

On the proposition of M. Garofalo a commission was appointed to carry on a series of observations on 100 criminals and 100 honest persons whose antecedents were perfectly well known. On the proposition of M. Semal, the Congress affirmed the necessity of a psycho-moral examination of the prisoner as a preliminary to conditional liberation. It was resolved also that it is desirable that law students should be instructed and examined in legal medicine; and, on the proposition of M. Eschenauer, that the direction and instruction of young children in reformatories should be confided to experienced women.

In his closing discourse Professor Brouardel remarked how various and complex are the issues raised by criminal anthropology. They were dealing with one of the most interesting and profound of all problems--a problem which had in all ages exercised the human mind. The Congress had brought together some of the materials for a future edifice, although they were not yet able to raise it.

The _Archives de l’Anthropologie Criminelle_ was the official journal of the Congress, and the number for September 1889 was entirely devoted to its proceedings. The next Congress will be held at Brussels in 1892.

APPENDIX C.

_The International Association of Penal Law._ This association was founded in 1889 on the initiative of Professor von Liszt. Its success was immediate, especially among lawyers, professors of law, and magistrates; and this success is a remarkable proof of the great movement for penal reform which is now everywhere making itself felt. Nearly twenty countries in Europe and America are represented by the association. It is truly international; no attempt is made to discuss national modifications, or to advocate the doctrine of any school. The conditions of membership involve adhesion to the following propositions:-- I.--The mission of penal law is to combat criminality regarded as a social phenomenon.

II.--Penal science and penal legislation must therefore take into consideration the results of anthropological and sociological studies.

III.--Punishment is one of the most efficacious means which the state can use against criminality. It is not the only means. It must not, then, be isolated from other social remedies, and, especially, it must not lead to the neglect of preventive measures.

IV.--The distinction between accidental criminals and habitual criminals is essential in practice as well as in theory; it must be the foundation of penal law.

V.--As repressive tribunals and the penitentiary administration have the same ends in view, and as the sentence only acquires value by its mode of execution, the separation, consecrated by our modern laws, between the court and the prison is irrational and harmful.

VI.--Punishment by deprivation of liberty justly occupying the first place in our system of punishments, the association gives special attention to all that concerns the amelioration of prisons and allied institutions.

VII.--So far as short imprisonments are concerned, the association considers that the substitution of measures of equivalent efficacity is possible and desirable.

VIII.--So far as long imprisonments are concerned, the association holds that the length of the imprisonment must depend not only on the material and moral gravity of the offence, but on the results obtained by treatment in prison.

IX.--So far as incorrigible habitual criminals are concerned, the association holds that, independently of the gravity of the offence, and even with regard to the repetition of minor offences, the penal system ought before all to aim at putting these criminals for as long a period as possible under conditions where they cannot do injury.

“The association,” it is elsewhere stated, “starts from this point of view, that in order to combat criminality we must know criminality.” As Professor von Liszt said, “That which guides us and brings us together is the conviction that penal science must rest on the firm basis of facts, must attach itself to the realities of social and individual life, and not be content with the purely intellectual development of purely legal notions.” This is the only sound and rational foundation for criminal law, and it is because the association has adopted this foundation that I desire to call special attention to its valuable and fruitful work.

The first session was held at Brussels, in August 1889. Berne was selected for the second, in 1890. The bulletins of the association (printed both in French and German) contain the reports presented at these meetings, as well as the subsequent discussions. They may be obtained, for a small sum, from the publisher, J. Guttentag, Berlin, or from C. Muquardt, Librairie Européenne, Brussels. The annual subscription is four shillings, and is payable to Professor G. A. Van Hamel, Amsterdam, Holland.

APPENDIX D.

_Some Cases of Criminality._ I have here brought together a few cases of fairly ordinary and representative criminality, chiefly in order to show how such cases are generally investigated. It has not seemed desirable to lay down any definite system of examination. Elaborate schemes have been prepared; it is more difficult to settle on a definite scheme on a small scale. At present it seems best to leave much to the judgment of the individual investigator. The six cases here given will serve to show how criminality is usually investigated, and may be useful as a guide.

I.--B. A., aged 18, carpenter; weight, kilog. 69.3; height, m. 1.77. Complexion pale. In various parts of body scars from wounds by knife, dagger, stones, and glass, received in various quarrels. Head also covered by scars. Hair on head very abundant; entirely without beard. Prominent superciliary arches. Enormous frontal sinuses, lower jaw voluminous; lemurian appendix present; forehead low and narrow; head normal.

Esthesiometer: left, 1½ right, 1¼; tongue, 1½. Dynamometer: left, 42; right, 40½. Tendon reflexes normal. General sensibility: right, 52; left, 50. Sensibility to pain: right, 28; left, 30. Slow to distinguish colours.

Drunkard; began at age of 12, led on by his mother. Has thieved frequently, but only found out once at the end of two years, and condemned. Is irreligious.

When he is drunk feels melancholy. Has epileptic convulsions, in which he falls down, and is frequently wounded. He has had similar fits for six years; they are followed by complete amnesia. The first came on in an educational institute, after being compelled to take a cold bath in January.

Three or four hours before the fit he is so stupid that he cannot reckon two coppers that he holds in his hand; and that he cannot recognise the people around him, though he may have known them for some time.

After the fit he does not know where he is, and for two or three days cannot drink water or bathe, on account, he says, of the cold bath that brought on his disorder.

Is not easily affected; has no aspirations; does not concern himself with politics.

Cannot say anything of his parents, except that his mother was a drunkard. (V. Rossi.)

II.--D., age 18, of Turin, smith. A woman’s head tattooed on his right arm, and the beginning of a name (record of love); in epigastric region a transfixed heart (to recall a revenge to be accomplished). A scar in left frontal region; cannot, or will not, say how he got it, but has ever since suffered from giddiness.

Complexion very pale; vasomotor reaction more marked on the left; pupils react slowly; facial asymmetry; ears prominent. Hair sparse, dry, and very dark. Fingers very long and slender. Has tremors; suffers from hypertrophy of heart. Head acrocephalic, flattened at the nape.

Cranial measurements: longitudinal diameter, 177; transverse, 151; longitudinal curve, 360; transverse, 300; maximum circumference, 530. Dynamometer: both hands, 34; right, 14; left, 17. Esthesiometer: right, 1.8; left, 1.2; tongue, 0.4. Topographic sensibility erroneous in both hands. General electrical sensibility: right, 49; left, 43. Sensibility to pain: right, 20; left, 27. (Normal person gives: general, 53; to pain, 38.) Temperature in axilla, 37°5. Slow to distinguish colours.

Vicious from a child; very precocious sexual habits.

At eight years commenced at school to steal certificates of merit in order to get a prize. At fourteen, at the invitation of a friend who was a thief, robbed a jeweller; from that time committed numerous robberies whenever he could. Willingly gets drunk, but his chief passion is travel.

In politics he would prefer a Republic, but without police or prisons; but confesses that in winter, when work is scarce, “it is not bad in prison.”

His parents affirm they are honest, but not the other relations. Mother suffers from palpitation of the heart. One sister is leading a bad life; another is very religious. A maternal cousin was in prison. (V. Rossi.)

III.--Certa Fil, condemned to four years’ imprisonment for thefts of fur cloaks and similar articles. Age 56. Circumference of head, 545. Right eye placed rather low. Tendon reflexes normal.

From a child she has suffered from illness caused by fear, owing to a fall into the water. From fifteen to thirty suffered from frequent headaches. Eight years ago, about three years before thefts, had typhoid fever, and also contracted syphilis from her husband. She had frequent and severe pain in the temples. No children. Her mother suffered from arthritis, which caused melancholy, which is said to have contributed to her death. She had fourteen children, mostly twins, who all died at birth except one, who is very extravagant and dissolute.

_Sensibility._--With esthesiometer: on the hand, 3 mm. on left, 2 mm. on right; head, 16 mm.; tongue, 9 mm. With faradic current: general sensibility, 70 mm.; on the hands, while a student has pain on palm at 55, on dorsum at 60, she has pain on right palm at 50, left at 50; right dorsum at 60, left at 55. Strength with dynamometer slight: right, 28 cg.; left, 38 cg.; with both hands, 58 cg.

_Psychological Examination._--Married at age of nineteen, she lived happily with husband for twenty years, _i.e._, until age of thirty-nine. Then the husband began to lead a dissolute life, and infected his wife with syphilis. Driven wild by her husband’s continual ill-treatment, she began to steal furs and other articles from a neighbouring shop. She was always afraid of being discovered, and experienced remorse which took away sleep and appetite, and she planned methods for restoring the things without being discovered.

During her four years of imprisonment she did not learn the _gergo_ or prisoner’s slang, would not associate with her companions, and was always crying. She blushed slightly when questioned concerning her periods.

_Diagnosis._--This woman, under the stress of illnesses and need of money, was drawn to theft; she was not, however, predisposed to crime, and (excepting the dissolute conduct of one brother) there were no marked signs of hereditary degeneration. When we add that she was never given to orgies, that she did not care to associate with her criminal companions, that she did not learn the _gergo_, that she blushed when spoken to without due consideration, we must conclude that she is an occasional criminal. If she had been in a comfortable social condition, and in good relation with her husband, she would probably not have become a delinquent. (Giuseppe Abradi, _Archivio di Psichiatria_, vol. x. Fasc. I.)

IV.--R. S., of Naples, age 23; height, m. 1.68; weight, kilog. 82.5. Soldier.

Traces on skin of wounds from fire-arms and knives; one on the abdomen given him by a woman.

Colour of skin is dark.

Tattoo marks on legs and arms: initials, daggers in memory of revenges to be accomplished, arrows as records of love; on his hand a sun; also bears the signs of the _camorra_, of which, but only as a great secret, he revealed the significance.

He declares that for him, and for the _camorrista_ in general, tattooing is “a passion, an ambition, like that, for example, of students for their collars and ties.” “The more one is tattooed,” he said, “the more one is esteemed and feared by comrades, because it shows how far one has gone in the road of crime.”

Hair on head thick and dark; complete absence of beard. Prognathism: forehead small and narrow (165 × 48), lower jaw voluminous; eyes small and very mobile; frontal sinuses prominent. Has a certain air of _bonhomie_ in his face which contrasts with the cynicism with which he narrates his criminal achievements.

Cranial measurements: longitudinal diameter, 187; transverse, 150; longitudinal curve, 364; transverse, 310; maximum circumference, 557. Dynamometer: with both hands, 84; with right, 54; with left, 43. Supports with extended arm a weight of kilog. 5 for fourteen minutes. Esthesiometer: right, 3.5; left, 4.5. Electrical sensibility: right, 40; left, 45. Sensibility to pain: right, 0; left, 0. Slow to distinguish colours, confusing blue and green. Thermometer: right, 37°5; left, 37°9.

Fond of wine; vicious since he was a child. Natural and unnatural sexual habits.

Except venereal disorders and a cyst, which he had as a child, has never been ill.

He has indeed been sent to a hospital as insane, but it was feigned, as he was then under trial, in order to obtain “attenuating circumstances.”

By him and his family religion is regarded as merely imposture, and politics does not exist. In the newspapers he only reads the police news, as that which alone concerns him.

At age of 10 was “sent to college” (_i.e._, house of correction), because he was found taking the impression of a lock. There he was initiated in the _camorra_, exercised by the lads clandestinely.

On coming out, he committed numerous offences, of which more than one remained unpunished. He wounded a prostitute whom he found with another lover. Thieved with dexterity, and was once condemned to twenty-five months’ imprisonment. He robs from houses, and when opportunity offers picks pockets. At a penal establishment he joined with others to rob the director. He confesses that in his family, except one sister who is honest, all are rogues of his own stamp.

Maternal grandfather died at 60 in the hospital. Mother is healthy, but drinks; lost all her hair at 50; condemned for fraud and wounding. Father had five years’ imprisonment for attempting to wound his brother, a priest, who refused to give him money; also drinks, and when drunk is very lively. A paternal uncle was condemned for “qualified” robbery. The maternal uncles are all _camorristi_.

He has five brothers and one sister. One, G., was four times in hospital, because when he committed a grave offence he feigned madness; so far this game has always succeeded, and he has been acquitted or punishment diminished. When he has money he is an angel, says R. S., but when he has none, he flies from him like the plague, for he becomes furious. He is a drunkard, and once when drunk severely wounded his mistress without cause.

Another brother, G., is a _camorrista_ and sharper.

Another brother, E., does the elegant, and steals from “aristocrats”; suffers from dizziness, especially in summer, or when near a fire.

A brother, N., calls himself an artist, takes impressions of locks, and makes false keys, for which he demands a more or less elevated price, according to the amount of the booty. Also studies padlocks, and makes facsimiles; does not rob on his own account, nor is he _camorrista_; and does not use the knife even when drunk.

The last of the brothers, Gia., has been condemned more than once for robbery and picking pockets. Is _camorrista_. (V. Rossi.)

V.--The following carefully-taken case (by Professor Angelo Zuccarelli, of Naples) of incorrigible insubordination in a soldier is translated from _L’Anomalo_ of January 1889, and is a model of careful and systematic examination:-- Habitual conduct in the army, from 1881-1888, both on and off duty, is reported as bad; frequently guilty of theft, insubordination and destruction of military effects. [Details here given of 59 offences, with resulting punishments, during this period.]

The following facts are all that can be obtained as to his family and previous history:-- Among the ancestors of his parents some eccentricity.

Mother hysterical, with nymphomania, and deafness due to chronic otitis.

Father, a drunkard and irascible.

One sister imbecile, and another scrofulous.

A brother, instinctive thief, imprisoned for “qualified” theft.

All the family given to thieving.

Our subject, now 28 years old, had no education from his parents; was a shoemaker at Stilo (Reggio, Calabria), his native place, where he had a bad reputation for idleness and thieving.

PHYSICAL EXAMINATION.

_Head._ _Inspection and Palpation._--A considerable depression in the lambdoid region.

External occipital protuberance scarcely perceptible.

Markedly plagiocephalic on the right side, anteriorly; with plagio-prosopia on the same side.

Ears small; the right planted further back.

Prognathism of the superior maxilla.

Absence of the two upper middle incisor teeth, from a fall in childhood. Inferior dental arch, with parabolic and oblique margin to the right; depressed on the right.

Colour of face, yellowish, pale.

Beard thin.

_Trunk and Limbs._ Body slender. Height medium.

Left mammary region depressed, and nipple lower than on right side. Posteriorly the left base of the thorax rather less developed than the right.

Hands thin, with long and pointed fingers.

Tattoo marks on the two fore-arms: on the right a transfixed heart, a woman’s head, the letters F. and B.; on the left two stars, one large, the other small, the letters L. and A. (his initials), a cross, and nearer the wrist an indistinct sign ending in a B.

On the feet the two little toes are small, especially the left, out of proportion to the development of the rest of the foot.

Hair sparse.

Superficial veins healthy, but varicose in left popliteal region. Genital organs little developed.

PHYSIOLOGICAL EXAMINATION.

_Dynamometer._--Right hand, 90; left hand, 85.

_Tactile sensibility._--On the tongue the two points of the _esthesiometer_ are perceived only at a distance of five mill. In general the sensibility is very feeble. Localisation very inaccurate; impressions on one side often referred to the other.

_Sensibility to pain._--Advanced hypoalgesia, while reiterated punctures fetching blood are felt as slight touches. Burns with a lighted cigar are little if at all felt; but there is some dissimulation on the part of the subject.

_Thermal and meteoric sensibility._--Apparently abolished.

There has been no opportunity for electrical examination.

_Sight._--Does not distinguish colours well; sees red best. Pupils react imperfectly.

_Hearing._--On the right side says he cannot hear a watch in immediate contact; on the left only at a short distance. In other ways his hearing has been found to be defective.

_Smell._--Does not distinguish odours, of which in many cases he has no knowledge. Ammonia alone, deeply inhaled for a few seconds, causes slight lachrymation on the right side.

_Taste._--Perceives vinegar, but not salt, bitter or sweet substances. On offering him half a glass of decoction of cinchona, and telling him that it is wine, and then another of vinegar, he swallows it all eagerly without any indication of disagreeable sensations. On giving him a bitter substance, and telling him it is sweet, he repeats that it is sweet, and _vice versâ_.

Appetite voracious; digestive functions normal. Circulation and respiration weak.

PSYCHICAL EXAMINATION.

Ideas very limited. No imagination or æsthetic sense. Memory very weak, limited to the most elementary and primitive cognitions. Will feeble, in the absence of any morbid impulse.

Moral and affective sentiments almost entirely absent.

No disposition to occupy himself in any way; tendency to idleness and vagabondage.

Unrestrained onanism, to which he formerly gave way four or five times a day, now only about twice a day, because, as he says, he is no longer strong enough. He confesses this without the least shame, with complacency, almost with pleasure.

He is not without a certain shrewdness, which is, however, easily discovered. He seems to have learnt from fellow-prisoners to pretend to feel nothing, and to be ready for anything.

He is capable of dissimulation, and of simulating at certain moments a state of feebleness beyond what he feels.

In his cell he usually walks up and down with short, bent head, and surly look. He is only aroused in moments of anger and violent impulsion.

He is often discontented with his food, and throws it away, breaking out into howls rather than cries, and destroying everything--table, stools, etc. In this condition any opposition only renders him more savage. Gentle methods often succeed better, especially when the stage of exhaustion sets in.

At other times the cause is some limitation to his tendency to free vagabondage. The animal-like howls are set up; then comes the destruction of everything that surrounds him, and violences of all sorts.

When he is interrogated in his calmer moments as to the reason of this, he replies that it is what they do in his country.

DIAGNOSIS.

_Advanced physical and psycho-physical degeneration. Phrenasthenia. Moral idiocy. Instinctive criminality._ MEDICO-LEGAL AND SOCIAL CONSIDERATIONS.

This is the case of an instinctive criminal, a person fatally and immutably impelled to vagabondage, theft, and violence.

He bears the characters, physical and psycho-physical, of degeneration, of aberration, of constitutional abnormality, sufficient for recognition. Especially noteworthy are the lambdoidal depression, the marked plagiocephalia and plagio-prosopia, the superior prognathism, and the inferior dental irregularities, the thoracic asymmetry, the pallid complexion, the hypoalgesia, the weakness and perversion of some of the special senses, the unrestrained onanism, the predominant love of vagabondage, the furious and animal-like anger, the destructive tendencies.

It is clear that all the admonitions and punishments inflicted during seven years, besides failing to produce any good effects, succeeded in exercising, so to speak, the natural mechanism of his violent impulses, and thus brutalised him still further. He is, therefore, incorrigible.

Of this the Military Tribunal of Naples were, as the result of this examination, convinced, declared that our subject is irresponsible, and acquitted him.

But does the duty of science end here? Is this verdict sufficient for order and social security?

Surely not.

This individual, thus constituted, must be regarded as a perpetual source of danger. It is therefore necessary to adopt a mode of treatment which, instead of brutalising him, will endeavour to obtain from him the maximum social utility of which he is capable, while at the same time it will render it impossible for him to injure other persons who are unlike himself.

For this purpose sequestration is necessary, the method of moral treatment and the watchful care obtained within a criminal asylum.

VI.--The following report, by O. Hotzen (here abbreviated), appeared in the _Vierteljahresschrift für gerichtliche Medicin_, and in the _Archivio di Psichiatria_ for 1889, fasc. 2.

Maria Köster died at the age of 22 of tuberculosis; at the age of 18 she had killed her mother with a hatchet; sixty wounds were found in the mother’s body, some of them penetrating the skull.

As until then the girl had always been of good character, quiet and hard-working, and on account of her youthful age, she was examined by medical experts in order to ascertain if any morbid conditions had limited her free will.

No mental alienation was recognised, especially at the time of the deed, but certain preceding morbid phenomena and other subsequent circumstances led the experts to an opinion which resulted in the commutation of the death penalty to which she had been condemned.

Among her maternal ancestors, and in the mother herself, there had been extreme avarice; they were most eager of money, and possessed by the fury of gain; it was proved that this impulse had in some members of the family paralysed the sentiments of equity and honesty.

The father was a drunkard.

The girl had a certain amount of education; she wrote, in an exact style, a diary of her impressions. She had acted as a servant, as an assistant in a printing-office, as a sempstress. She was thin, and slightly developed; menstruated at 19; had a very high opinion of herself.

Apparently of tranquil disposition, she was declared by some to be envious, a liar, and a thief.

Notwithstanding simulated indifference, she coveted the savings which her mother had scraped together; she cherished hatred against her parents; continual quarrels and unworthy calumnies revealed a heart apparently good, in reality selfish and depraved.