Section 54. (c) The Peculiarities of Reproduction.

The differences in memory which men exhibit are not, among their other

human qualities, the least. As is well known, this difference is

expressed not only in the vigor, reliability, and promptness of their

memory, but also in the field of memory, in the accompaniment of rapid

prehensivity by rapid forgetfulness, or slow prehensivity and slow

forgetfulness, or in the contrast between narrow, but intense memory,

and broad but approximate memory.

Certain special considerations arise with regard to the field of

greatest memory. As a rule, it may be presupposed that a memory which

has developed with especial vigor in one direction has generally done

this at the cost of memory in another direction. Thus, as a rule, memory

for numbers and memory for names exclude each other. My father had so

bad a memory for names that very frequently he could not quickly recall

my Christian name, and I was his own son. Frequently he had to repeat

the names of his four brothers until he hit upon mine, and that was not

always a successful way.[223] When he undertook an introduction it was

always: “My honored m--m--m,”--“The dear friend of my youth m--m--m.” On

the other hand, his memory for figures was astounding. He noted and

remembered not only figures that interested him for one reason or

another, but also those that had not the slightest connection with him,

and that he had read merely by accident. He could recall instantaneously

the population of countries and cities, and I remember that once, in the

course of an accidental conversation, he mentioned the production of

beetroot in a certain country for the last ten years, or the factory

number of my watch that he had given me fifteen years before and had

never since held in his hand. He often said that the figures he carried

in his head troubled him. In this regard the symptom may be mentioned

that he was not a good mathematician, but so exceptional a card player

that nobody wanted to play with him. He noticed every single card dealt

and could immediately calculate what cards each player had, and was able

to say at the beginning of the game how many points each must have.

Such various developments are numerous and of importance for us because

we frequently are unwilling to believe the witness testifying in a

certain field for the reason that his memory in another field had shown

itself to be unreliable. Schubert and Drobisch cite examples of this

sort of thing, but the observations of moderns, like Charcot and Binet,

concerning certain lightning calculators (Inaudi, Diamandi, etc.),

confirm the fact that the memory for figures is developed at the expense

of other matters. Linné tells that Lapps, who otherwise note nothing

whatever, are able to recognize individually each one of their

numberless reindeer. Again, the Dutch friend of flowers, Voorhelm, had a

memory only for tulips, but this was so great that he could recognize

twelve hundred species of tulips merely from the dry bulbs.

These fields seem to be of a remarkably narrow extent. Besides

specialists (numismatists, zoologists, botanists, heralds, etc.) who,

apart from their stupendous memory for their particular matters, appear

to have no memory for other things, there are people who can remember

only rhymes, melodies, shapes, forms, titles, modes, service,

relationships, etc. V. Volkmar has devoted some space to showing this.

He has also called attention to the fact that the semi-idiotic have an

astounding memory for certain things. This has been confirmed by other

students. One of them, Du Potet,[224] who is perhaps the expert in the

popular mind of the Austrian Alps, has made it especially clear. As in

all mountainous regions there are a great number of those unfortunate

idiots who, when fully developed, are called cretins, and in their

milder form are semi-human, but do not possess intelligence enough to

earn their own living. Nevertheless, many of them possess astounding

memories for certain things. One of them is thoroughly conversant with

the weather prophecy in the calendar for the past and the present year,

and can cite it for each day. Another knows the day and the history of

every saint of the Catholic church. Another knows the boundaries of

every estate, and the name, etc., of its owner. Another knows each

particular animal in a collective herd of cattle, knows to whom it

belongs, etc. Of course not one of these unfortunates can read. Drobisch

mentions an idiotic boy, not altogether able to speak, who, through the

untiring efforts of a lady, succeeded finally in learning to read. Then

after hasty reading of any piece of printed matter, he could reproduce

what he had read word for word, even when the book had been one in a

foreign and unknown tongue. Another author mentions a cretin who could

tell exactly the birthdays and death-days of the inhabitants of his town

for a decade.

It is a matter of experience that the semi-idiotic have an excellent

memory and can accurately reproduce events which are really impressive

or alarming, and which have left effects upon them. Many a thing which

normal people have barely noticed, or which they have set aside in their

memory and have forgotten, is remembered by the semi-idiotic and

reproduced. On the contrary, the latter do not remember things which

normal people do, and which in the latter frequently have a disturbing

influence on the important point they may be considering. Thus the

semi-idiotic may be able to describe important things better than normal

people. As a rule, however, they disintegrate what is to be remembered

too much, and offer too little to make any effective interpretation

possible. If such a person, e.g., is witness of a shooting, he notices

the shot only, and gives very brief attention to what precedes, what

follows, or what is otherwise contemporary. Until his examination he not

only knows nothing about it, but even doubts its occurrence. This is the

dangerous element in his testimony. Generally it is right to believe his

kind willingly. “Children and fools tell the truth,” what they say bears

the test, and so when they deny an event there is a tendency to overlook

the fact that they have forgotten a great deal and hence to believe that

the event had really not occurred.

Similar experiences are yielded in the case of the memory of children.

Children and animals live only in the present, because they have no

historically organic ideas in mind. They react directly upon stimuli,

without any disturbance of their idea of the past. This is valid,

however, only for very small children. At a later age children make good

witnesses, and a well-brought-up boy is the best witness in the world.

We have only to keep in mind that later events tend in the child’s mind

to wipe out earlier ones of the same kind.[225] It used to be said that

children and nations think only of the latest events. And that is

universally true. Just as children abandon even their most precious toys

for the sake of a new one, so they tell only the latest events in their

experience. And this is especially the case when there are a great many

facts--e.g., repeated mal-treatment or thefts, etc. Children will tell

only of the very last, the earlier one may absolutely have disappeared

from the memory.

Bolton,[226] who has made a systematic study of the memory of children,

comes to the familiar conclusion that the scope of memory is measured by

the child’s capacity of concentrating its attention. Memory and acute

intelligence are not always cognate (the latter proposition, true not

for children alone, was known to Aristotle). As a rule girls have better

memory than boys (it might also be said that their intelligence is

generally greater, so long as no continuous intellectual work, and

especially the creation of one’s own ideas, is required). Of figures

read only once, children will retain a maximum of six. (Adults, as a

rule, also retain no more.) The time of forgetting in general has been

excellently schematized by Ebbinghaus. He studied the forgetting of a

series of thirteen nonsense syllables, previously learned, in such a way

as to be able to measure the time necessary to re-learn what was

forgotten. At the end of an hour he needed half the original time, at

the end of eight hours two-thirds of that time. Then the process of loss

became slower. At the end of twenty-four hours he required a third, at

the end of six days a fourth, at the end of a month a clear fifth, of

the time required at first.

I have tested this in a rough way on various and numerous persons, and

invariably found the results to tally. Of course, the measure of time

alters with the memory in question, but the relations remain identical,

so that one may say approximately how much may be known of any subject

at the end of a fixed time, if only one ratio is tested. To criminalists

this investigation of Ebbinghaus’ is especially recommended.

The conditions of prehensivity of particular instances are too uncertain

and individual to permit any general identifications or

differentiations. There are certain approximating propositions--e.g.,

that it is easier to keep in mind rhymed verse than prose, and definite

rows and forms than block masses. But, on the one hand, what is here

involved is only the ease of memory, not the content of memory, and on

the other hand there are too many exceptions--e.g., there are many

people who retain prose better than verse. Hence, it is not worth while

to go further in the creation of such rules. Forty or fifty years ago,

investigations looking toward them had been pursued with pleasure, and

they are recorded in the journals of the time.

That aged persons have, as is well known, a good memory for what is long

past, and a poor one for recent occurrences is not remarkable. It is to

be explained by the fact that age seems to be accompanied with a

decrease of energy in the brain, so that it no longer assimilates

influences, and the imagination becomes dark and the judgment of facts

incorrect. Hence, the mistakes are those of apperception of new

things,--what has already been perceived is not influenced by this loss

of energy.

Again, it should not rouse astonishment that so remarkable and

delicately organized a function as memory should be subject to anomalies

and abnormalities of all kinds. We must take it as a rule not to assume

the impossibility of the extraordinary phenomena that appear and to

consult the expert about them.[227] The physician will explain the

pathological and pathoformic, but there is a series of memory-forms

which do not appear to be diseased, yet which are significantly rare and

hence appear improbable. Such forms will require the examination of an

experienced expert psychologist who, even when unable to explain the

particular case, will still be able to throw some light on it from the

literature of the subject. This literature is rich in examples of the

same thing; they have been eagerly collected and scientifically studied

in the earlier psychological investigations. Modern psychology,

unfortunately, does not study these problems, and in any event, its task

is so enormous that the practical problems of memory in the daily life

must be set aside for a later time. We have to cite only a few cases

handled in literature.

The best known is the story of an Irish servant girl, who, during fever,

recited Hebrew sentences which she had heard from a preacher when a

child. Another case tells of a very great fool who, during fever,

repeated prolonged conversations with his master, so that the latter

decided to make him his secretary. But when the servant got well he

became as foolish as ever. The criminalist who has the opportunity of

examining deeply wounded, feverish persons, makes similar, though not

such remarkable observations. These people give him the impression of

being quite intelligent persons who tell their stories accurately and

correctly. Later on, after they are cured, one gets a different opinion

of their intelligence. Still more frequently one observes that these

feverish, wounded victims know more, and know more correctly about the

crime than they are able to tell after they have recovered. What they

tell, moreover, is quite reliable, provided, of course, they are not

delirious or crazy.

The cases are innumerable in which people have lost their memory for a

short time, or for ever. I have already elsewhere mentioned an event

which happened to a friend of mine who received a sudden blow on the

head while in the mountains and completely lost all memory of what had

occurred a few minutes before the blow. After this citation I got a

number of letters from my colleagues who had dealt with similar cases. I

infer, therefore, that the instances in which people lose their memory

of what has occurred before the event by way of a blow on the head, are

numerous.[228]

Legally such cases are important because we would not believe statements

in that regard made by accused, inasmuch as there seems to be no reason

why the events _before_ the wound should disappear, just as if each

impression needed a fixative, like a charcoal drawing. But as this

phenomenon is described by the most reliable persons, who have no axe to

grind in the matter, we must believe it, other things being equal, even

when the defendant asserts it. That such cases are not isolated is shown

in the fact that people who have been stunned by lightning have later

forgotten everything that occurred shortly before the flash. The case is

similar in poisoning with carbonic-acid gas, with mushrooms, and in

strangulation. The latter cases are especially important, inasmuch as

the wounded person, frequently the only witness, has nothing to say

about the event.

I cannot omit recalling in this place a case I have already mentioned

elsewhere, that of Brunner. In 1893 in the town of Dietkirchen, in

Bavaria, the teacher Brunner’s two children were murdered, and his wife

and servant girl badly wounded. After some time the woman regained

consciousness, seemed to know what she was about, but could not tell the

investigating justice who had been sent on to take charge of the case,

anything whatever concerning the event, the criminal, etc. When he had

concluded his negative protocol she signed it, Martha Guttenberger,

instead of Martha Brunner. Fortunately the official noted this and

wanted to know what relation she had to the name Guttenberger. He was

told that a former lover of the servant girl, an evil-mouthed fellow,

was called by that name. He was traced to Munich and there arrested. He

immediately confessed to the crime. And when Mrs. Brunner became quite

well she recalled accurately that she had definitely recognized

Guttenberger as the murderer.[229]

The psychological process was clearly one in which the idea,

“Guttenberger is the criminal,” had sunk into the secondary sphere of

consciousness, the subconsciousness,--so that it was only clear to the

real consciousness that the name Guttenberger had something to do with

the crime. The woman in her weakened mental condition thought she had

already sufficiently indicated this fact, so that she overlooked the

name, and hence wrote it unconsciously. Only when the pressure on her

brain was reduced did the idea that Guttenberger was the murderer pass

from the subconscious to the conscious. Psychiatrists explain the case

as follows:

The thing here involved is retrograde amnesia. It is nowadays believed

that this phenomenon in the great majority of cases occurs according to

the rule which defines traumatic hysteria, i.e., as ideogen. The

ideational complexes in question are forced into the subconsciousness,

whence, on occasion, by aid of associative processes, hypnotic

concentration, and such other similar elements, they can be raised into

consciousness. In this case, the suppressed ideational complex

manifested itself in signing the name.

All legal medicine discusses the fact that wounds in the head make

people forget single words. Taine, Guerin, Abercrombie, etc., cite many

examples, and Winslow tells of a woman who, after considerable bleeding,

forgot all her French. The story is also told that Henry Holland had so

tired himself that he forgot German. When he grew stronger and recovered

he regained all he had forgotten.

_Now would we believe a prisoner who told us any one of these things?_

The phenomena of memories which occur in dying persons who have long

forgotten and never even thought of these memories, are very

significant. English psychologists cite the case of Dr. Rush, who had in

his Lutheran congregation Germans and Swedes, who prayed in their own

language shortly before death, although they had not used it for fifty

or sixty years. I can not prevent myself from thinking that many a

death-bed confession has something to do with this phenomenon.[230]

At the boundary between incorrect perception and forgetting are those

cases in which, under great excitement, important events do not reach

consciousness. I believe that the responsibility is here to be borne by

the memory rather than by sense-perception. There seems to be no reason

for failing to perceive with the senses under the greatest excitement,

but there is some clearness in the notion that great excitement causes

what has just been perceived to be almost immediately forgotten. In my

“Manual” I have discussed a series of cases of this sort, and show how

the memory might come into play. None of the witnesses, e.g., had seen

that Mary Stuart received, when being executed, two blows. In the case

of an execution of many years ago, not one of those present could tell

me the color of the gloves of the executioner, although everyone had

noticed the gloves. In a train wreck, a soldier asserted that he had

seen dozens of smashed corpses, although only one person was harmed. A

prison warden who was attacked by an escaping murderer, saw in the

latter’s hand a long knife, which turned out to be a herring. When

Carnot was murdered, neither one of the three who were in the carriage

with him, nor the two foot-men, saw the murderer’s knife or the delivery

of the blow, etc.

How often may we make mistakes because the witnesses--in their

excitement--have forgotten the most important things!

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 21 / 79 章