We have to add only one important point. Some startling results have

surely been gained by another method. The same sensitiveness which

makes Beulah able to receive signs which others do not notice,

evidently makes her able to catch words spoken in a low voice within a

certain distance, while she is not consciously giving her attention to

them. She picks up bits of conversation which she overhears and which

settle in her subconscious mind, until they later come to her

consciousness in a way for which she cannot account. All were startled

when at the end of our first day together I took a bill in my closed

hand and asked her what I had there, and she at once replied a

"ten-dollar bill," while they all agreed that the child had never seen

a ten-dollar bill before. This result surprised the minister and the

judge greatly, and only later did I remember that I had whispered to

the judge in the next room, with the door open, that I should ask her

to tell the figures on a ten-dollar bill. In the same way the greatest

sensation must be explained, which the experiments before my arrival

yielded. The New York lady who came with the minister's family and

others to the house was overwhelmed when Beulah spelled her name,

which, as the affidavit said, was not known to any one else present.

This affidavit was as a matter of course given according to the best

knowledge of all concerned. Yet when later I came to Warren, one of

the participants who told me the incident strengthened it by adding

that he was the more surprised when the child spelled the name

correctly with a K at the end, as he had understood that it was

spelled with a T. In other words, some of those present did know the

name, and the lady had evidently either been introduced or addressed

by some one, and this had slipped from their minds because Beulah was

not in the room. But she was probably in the other room and caught it

in her subconscious mind. At her first début before the minister, too,

by her same abnormal sensitiveness she probably heard when he told the

mother that he had a glass of honey in his pocket. In short, the two

actions of her subconscious mind, or of her brain, always go together,

her noticing of family signs from her mother and sister and her

catching of spoken words from strangers, both under conditions under

which ordinary persons would neither see nor hear them. We have

therefore nothing mysterious, nothing supernatural before us, but an

extremely interesting case of an abnormal mental development, and this

unusual power working in a mind which is entirely naïve and sincere.

How long will this naïveté and sincerity last? This is no

psychological, but a social problem. Since the newspapers have taken

hold of the case, every mail brings heaps of letters from all corners

of the country. Some of them bring invitations to give performances,

but they are not the most dangerous ones. Most of the letters urge the

child to use her mysterious, supernatural powers for trivial or

pathetic ends in the interest of the writers. Sometimes she is to

locate a lost trunk, or a mislaid pocketbook; sometimes she is to

prophesy whether a voyage will go smoothly or whether a business

venture will succeed; sometimes she is to read in her mind where a

runaway child may be found; and almost always money promises are

connected with such requests. The mother, who has not much education

but who is a splendid, right-minded country woman with the very best

intentions for the true good of her children, has ignored all this

silly invasion. She showed me a whole teacupful of two-cent stamps for

replies which she had collected from Beulah's correspondence. But I

ask again, how long will it last? If Beulah closes her eyes and some

chance letters come to her mind, and she forms a word from them and

sends it as a reply to the anxious mother who is seeking her child,

she will soon discover that it is easy to gather money in a world

which wants to be deceived. She is followed by the most tempting

invitations to live in metropolitan houses where sensational

experiments can be performed with her. The naïve mother is still

impressed when a New York woman applies the well-known tricks and

assures her that the child reminds her so much of her own little dead

niece that she ought to come to her New York house. It is a pity how

the community forces sensationalism, commercialism, and finally humbug

and fraud on a naïve little country girl who ought to be left alone

with her pet lamb in her mother's kitchen. Her gift is extremely

interesting to the psychologist, and if it is not misused by those who

try to pump spiritualistic superstitions into her little mind or to

force automatic writing on her it will be harmless and no cause for

hysteric developments. But surely her art is entirely useless for any

practical purpose. She cannot know anything which others do not know

beforehand. Clairvoyant powers or prophetic gifts are not hers, and

above all her mind-reading is a natural process. The edifice of

science will not be shaken by the powers of my little Rhode Island

friend.

Yet the most important part is not the fate of the individual child,

but the behaviour of this nation-wide public which chases her into the

swamps of fraud. No one can decide and settle whether the party of

superstition forms the majority or the minority. If all the silent

voters were sincere, they probably would carry the vote for telepathy.

But in any case, such a party exists, and it does not care in the

least that scientific investigations clear up a case which threatens

to bring our world of thought into chaotic disorder. A world of mental

trickery and mystery, a world which by its very principle could never

be understood, is to them instinctively more welcome than a world of

scientific order. There cannot be a more fundamental contrast between

men who are to form a social unit than this radical difference of

attitude toward the world of experience. Compared with this deepest

split in the community, all its other social questions seem temporary

and superficial.

V

THE MIND OF THE JURYMAN

Every lawyer knows some good stories about some wild juries he has

known, which made him shiver and doubt whether a dozen laymen ever can

see a legal point. But every newspaper reader, too, remembers an

abundance of cases in which the decision of the jury startled him by

its absurdity. Who does not recall sensational acquittals in which

sympathy for the defendant or prejudice against the plaintiff carried

away the feelings of the twelve good men and true? For them are the

unwritten laws, for them the mingling of justice with race hatreds or

with gallantry. And even in the heart of New York a judge recently

said to a chauffeur who had killed a child and had been acquitted:

"Now go and get drunk again; then this jury will allow you to run over

as many children as you like."

Yet whatever the temperament of the jury and its legal insight, we may

sharply separate its ideas of deserved punishment from that far more

important aspect of its function, the weighing of evidence. The

juries may be whimsical in their decisions, they may be lenient in

their acquittals or over-rigid in their verdicts of guilty, but that

is quite in keeping with the democratic spirit of the institution. The

Teutonic nations did not want the abstract law of the scholarly

judges; they want the pulse-beat of life throbbing in the court

decisions, and what may be a wilful ignoring of the law of the jurists

may be a heartfelt expression of the popular sentiment. Better to have

some statutes riddled by the illogical verdicts than legal decisions

severed from the sense of justice which is living in the soul of the

nation. But while a rush into prejudice or a hasty overriding of law

may draw attention to some exceptional verdicts, in the overwhelming

mass of jury decisions nothing is aimed at but a real clearing up of

the facts. The evidence is submitted, and while the lawyers may have

wrangled as to what is evidence and what is not, and while they may

have tried, by their presentation of the witnesses on their own side

and by their cross-examinations, to throw light on some parts of the

evidence and shadow on some others, the jurymen are simply to seek the

truth when all the evidence has been submitted. And mostly they do not

forget that they will live up to their duty best the more they

suppress in their own hearts the question whether they like or

dislike the truth that comes to light. Whoever weighs the social

significance of the jury system ought not to be guided by the few

stray cases in which the emotional response obscures the truth, but

all praise and blame and every scrutiny of the institution ought to be

confined essentially to the ability of the jurymen to live up to their

chief responsibility, the sober finding of the true facts.

It cannot be denied that much criticism has been directed against the

whole jury system in America as well as in Europe by legal scholars as

well as by laymen on account of the prevailing doubt whether the

traditional form is really furthering the clearing up of the hidden

truth. Where the evidence is so perfectly clear that every one by

himself feels from the start exactly like all the others, the

coöperation of the twelve men cannot do any harm, but it cannot do any

particular good either. Such cases do not demand the special interest

of the social reformer. His doubts and fears come up only when

difference of opinion exists, and the discussion and the repeated

votes overcome the divergence of opinion. The skeptics claim that the

system as such may easily be instrumental for suppressing the truth

and bringing the erroneous opinion to victory. In earlier times a

frequent objection was that lack of higher education made men unfit to

weigh correctly the facts in a complicated situation. But this kind of

arguing has been given up for a long while. The famous French lawyer

who, whenever he had a weak case, made use of his right to challenge

jurymen by systematically excluding all persons of higher education,

certainly blundered in this respect, according to the views of to-day.

Those best informed within and without the legal science agree that

the verdicts of straightforward people with public-school education

are in the long run neither better nor worse than those of men with

college schooling or professional training. A jury of artisans and

farmers understands and looks into a mass of neutral material as well

as a jury of bankers and doctors, or at least its final verdict has an

equal chance to hit the truth.

But the critics say that it is not the lack of general or logical

training of the single individual which obstructs the path of justice.

The trouble lies rather in the mutual influence of the twelve men. The

more persons work together, the less, they say, every single man can

reach his highest level. They become a mass with mass consciousness, a

kind of crowd in which each one becomes oversuggestible. Each one

thinks less reliably, less intelligently, and less impartially than

he would by himself alone. We know how men in a crowd do indeed lose

some of the best features of their individuality. A crowd may be

thrown into a panic, may rush into any foolish, violent action, may

lynch and plunder, or a crowd may be stirred to a pitch of enthusiasm,

may be roused to heroic deeds or to wonderful generosity, but whether

the outcome be wretched or splendid, in any case it is the product of

persons who have been entirely changed. In the midst of the panic or

in the midst of the heroic enthusiasm no one has kept his own

characteristic mental features. The individual no longer judges for

himself; he is carried away, his own heart reverberates with the

feelings of the whole crowd. The mass consciousness is not an adding

up, a mere summation, of the individual minds, but the creation of

something entirely new. Such a crowd may be pushed into any paths,

chance leaders may use or misuse its increased suggestibility for any

ends. No one can foresee whether this heaping up of men will bring

good or bad results. Certainly the individual level of the crowd will

always be below the level of its best members. And is not a jury

necessarily such a group with a mass consciousness of its own? Every

individual is melted into the total, has lost his independent power

of judging, and becomes influenced through his heightened

suggestibility and social feeling by any chance pressure which may

push toward error as often as toward truth.

But if such arguments are brought into play, it is evident that it is

no longer a legal question, but a psychological one. The psychologist

alone deals scientifically with the problem of mutual mental influence

and with the reënforcing or awakening of mental energies by social

coöperation. He should accordingly investigate the question with his

own methods and deal with it from the standpoint of the scientist.

This means he is not simply to form an opinion from general vague

impressions and to talk about it as about a question of politics,

where any man may have his personal idea or fancy, but to discover the

facts by definite experiments. The modern student of mental life is

accustomed to the methods of the laboratory. He wants to see exact

figures by which the essential facts come into sharp relief. But let

us understand clearly what such an experiment means. When the

psychologist goes to work in his laboratory, his aim is to study those

thoughts and emotions and feelings and deeds which move our social

world. But his aim is not simply to imitate or to repeat the social

scenes of the community. He must simplify them and bring them down to

the most elementary situations, in which only the characteristic

mental actions are left. Is this not the way in which the

experimenters proceed in every field? The physicist or the chemist

does not study the great events as they occur in nature on a large

scale and with bewildering complexity of conditions, but he brings

down every special fact which interests him to a neat, miniature copy

on his laboratory table. There he mixes a few chemical solutions in

his retorts and his test-tubes, or produces the rays or sparks or

currents with his subtle laboratory instruments, and he feels sure

that whatever he finds there must hold true everywhere in the gigantic

universe. If the waters move in a certain way in the little tank on

his table, he knows that they must move according to the same laws in

the midst of the ocean. In this spirit the psychologist arranges his

experiments too. He does not carry them on in the turmoil of social

life, but prepares artificial situations in which the persons will

show the laws of mental behaviour. An experiment on memory or

attention or imagination or feeling may bring out in a few minutes

mental facts which the ordinary observer would discover only if he

were to watch the behaviour and life attitudes of the man for years.

Everything depends upon the degree with which the characteristic

mental states are brought into play under experimental conditions. The

great advantage of the experimental method is, here as everywhere,

that everything can be varied and changed at will and that the

conditions and the effects can be exactly measured.

If we apply these principles to the question of the jury, the task is

clear. We want to find out whether the coöperation, the discussion,

and the repeated voting of a number of individuals are helping or

hindering them in the effort to judge correctly upon a complex

situation. We must therefore artificially create a situation which

brings into action the judgment, the discussion, and the vote, but if

we are loyal to the idea of experimenting we must keep the experiment

free from all those features of a real jury deliberation which have

nothing to do with the mental action itself. Moreover, it is evident

that the situations to be judged must allow a definite knowledge as to

the objective truth. The experimenter must know which verdict of his

voters corresponds to the real facts. Secondly, the situation must be

difficult in order that a real doubt may prevail. If all the voters

were on one side from the start, no discussion would be needed.

Thirdly, it must be a rather complex situation in order that the

judgment may be influenced by a number of motives. Only in this case

will it be possible for the discussion to point out factors which the

other party may have overlooked, thus giving a chance for changes of

mind. All these demands must be fulfilled if the experiment is really

to picture the jury function. But it would be utterly superfluous and

would make the exact measurement impossible if the material on which

the judgment is to be based were of the same kind of which the

evidence in the courtroom is composed. The trial by jury in an actual

criminal case may involve many picturesque and interesting details,

but the mental act of judging is no different when the most trivial

objects are chosen.

I settled on the following simple device: I used sheets of dark gray

cardboard. On each were pasted white paper dots of different form and

in an irregular order. Each card had between ninety-two and a hundred

and eight such white dots of different sizes. The task was to compare

the number of spots on one card with the number of spots on another.

Perhaps I held up a card with a hundred and four dots above, and below

one with ninety-eight. Then the subjects of the experiment had to

decide whether the upper card had more dots or fewer dots or an equal

number compared with the lower one. I made the first set of

experiments with eighteen Harvard students. I took more than the

twelve men who form a jury in order to reënforce the possible effect,

but did not wish to exceed the number greatly, so that the character

of the discussion might be similar to that in a jury. A much larger

number would have made the discussion too formal or too unruly. The

eighteen men sat around a long table and were first allowed to look

for half a minute at the two big cards, each forming his judgment

independently. Then at a signal every one had to write down whether

the number of dots on the upper card was larger, equal, or smaller.

Immediately after that they had to indicate by a show of hands how

many had voted for each of the three possibilities. After that a

discussion began. Indeed, the two cards offered plenty of points for

earnest and vivid discussion. During the exchange of opinion in which

those who had voted larger tried to convince the party of the smaller,

and vice versa, they were always able to look at the cards and to

refer to them, pointing to the various parts. One showed how the

distances on the one card appeared larger, and another pointed out how

the spots were clustered in a certain region, a third how the dots

were smaller in some parts, a fourth spoke about the optical

illusions, a fifth about certain impressions resulting from the

narrowness of the margin, and a sixth about the effect of certain

irregularities in the distribution. In short, very different aspects

were considered and very different factors emphasized. The discussion

was sometimes quite excited, three or four men speaking at the same

time. After exactly five minutes of talking the vote was repeated,

again at first being written and then being taken by show of hands. A

second five minutes' exchange of opinion followed with a new effort to

convince the dissenters. After this period the third and last vote was

taken. This experiment was carried out with a variety of cards with

smaller or larger difference of numbers, but the difference always

enough to allow an uncertainty of judgment. Here, indeed, we had

repeated all the essential conditions of the jury vote and discussion,

and the mental state was characteristically similar to that of the

jurymen.

The very full accounts which the participants in the experiment wrote

down the following day indicated clearly that we had a true imitation

of the mental process in spite of the striking simplicity of our

conditions. One man, for instance, described his inner experience as

follows: "I think the experiment involves factors quite comparable to

those that determine the verdict of a jury. The cards with their

spots are the evidence pro and con which each juryman has before him

to interpret. Each person's decision on the number is his

interpretation of the situation. The arguments, too, seem quite

comparable to the arguments of the jury. Both consist in pointing out

factors of the situation that have been overlooked and in showing how

different interpretations may be possible." Another man writes: "In

the experiment it seemed that one man judged by one criterion and

another by another, such as distribution, size of spots, vacant

spaces, or counting along one edge. Discussion often brought immediate

attention to other criterions than those he used in his first

judgment, and these often outweighed the original. Similarly,

different jurymen would base their opinion on different aspects of the

case, and discussion would tend to draw their attention to other

aspects. The experiment also illustrated the relative weight given to

the opinion of different fellow-jurymen. I found that the statements

of a few of the older men who have had more extensive psychological

experience weighed more with me than those of the others. Suggestion

did not seem to be much of a factor. A man is rather on his mettle,

and ready to defend his original impression, until he finds that it is

hopeless." Again, another writes: "To me the experiment seemed fairly

comparable to the real situation. As in an actual trial, the full

truth was not available, but certain evidence was presented to all for

interpretation. As to the nature of the discussion itself, I think

there was the same mingling of suggestion and real argument that is to

be found in a jury discussion." Another says: "The discussion

influenced me by suggesting other methods of analysis. For instance,

comparison of the amount of open space in two cards, comparison of the

number of dots along the edges, estimation in diagonal lines, were

methods mentioned in the discussion which I used in forming my own

judgments. It does not seem to me that in my own case direct

suggestion had any appreciable effect. I was conscious of a tendency

toward contrasuggestibility. There was a half submerged feeling that

it would be good sport to stick it out for the losing side. The lack

of any unusual amount of suggestion and the presence of the influences

of analysis and detailed comparison seem to me to show that the tests

were in fact fairly comparable to situations in a jury room." To be

sure, there were a few who were strongly impressed by the evident

differences between the rich material of an actual trial and the

meagre content of our tests: there the actions of living men, here the

space relations of little spots. But they evidently did not

sufficiently realize that the forming of such number judgments was not

at all a question of mere perception; that on the contrary many

considerations were involved; most men felt the similarity from the

start.

What were the results of this first group of experiments? Our interest

must evidently be centred on the question of how many judgments were

correct at the first vote before any discussion and any show of hands

were influencing the minds of the men, and how many were correct at

the last vote after the two periods of discussion and after taking

cognizance of the two preceding votes. If I sum up all the results,

the outcome is that 52 per cent. of the first votes were correct and

78 per cent. of the final votes were correct. The discussion of the

successive votes had therefore led to an improvement of 26 per cent.

of all votes. Or, as the correct votes were at first 52 per cent.,

their number is increased by one half. May we not say that this

demonstrates in exact figures that the confidence in the jury system

is justified? And may it not be added that, in view of the widespread

prejudices, the result is almost surprising? Here we had men of high

intelligence who were completely able to take account of every

possible aspect of the situation. They had time to do so, they had

training to do so, and every foregoing experiment ought to have

stimulated them to do so in the following ones. Yet their judgment was

right in only 52 per cent. of the cases until they heard the opinions

of the others and saw how they voted. The mere seeing of the vote,

however, cannot have been decisive, because 48 per cent., that is,

practically half of the votes, were at first incorrect. The wrong

votes might have had as much suggestive influence on those who voted

rightly as the right votes on those on the wrong side. If,

nevertheless, the change was so strongly in the right direction, the

result must clearly have come from the discussion.

Psychology and Social Sanity · 第 9 / 15 段