Section 99. (2) _Optical Illusions._

It will be best to begin the study of optical illusions with the

consideration of those conditions which cause extraordinary, lunatic

images. They are important because the illusion is recognizable with

respect to the possibility of varied interpretations by any observer,

and because anybody may experiment for himself with a bit of paper on

the nature of false optical apprehension. If we should demonstrate no

more than that the simplest conditions often involve coarse mistakes,

much will have been accomplished for the law, since the “irrefutable

evidence” of our senses would then show itself to need corroboration.

Nothing is proved with “I have seen it myself,” for a mistake in one

point shows the equal possibility of mistakes in all other points.

Generally, it may be said that the position of lines is not without

influence on the estimation of their size.[310] Perpendicular dimensions

are taken to be somewhat greater than they are. Of two crossed lines,

the vertical one seems longer, although it is really equal to the

horizontal one. An oblong, lying on its somewhat longer side, is taken

to be a square; if we set it on the shorter side it seems to be still

more oblong than it really is. If we divide a square into equal angles

we take the nearer horizontal ones to be larger, so that we often take

an angle of thirty degrees to be forty-five. Habit has much influence

here. It will hardly be believed, and certainly is not consciously

known, that in the letter S the upper curve has a definitely smaller

radius than the lower one; but the inverted S shows this at once. To

such types other false estimations belong: inclinations, roofs, etc.,

appear so steep in the distance that it is said to be impossible to move

on them without especial help. But whoever does move on them finds the

inclination not at all so great. Hence, it is necessary, whenever the

ascension of some inclined plane is declared impossible, to inquire

whether the author of the declaration was himself there, or whether he

had judged the thing at a distance.

Slight crooks are underestimated. Exner[311] rightly calls attention to

the fact that in going round the rotunda of the Viennese Prater, he

always reached the exit much sooner than he expected. This is due to the

presence of slight deviations and on them are based the numerous false

estimates of distance and the curious fact that people, on being lost at

night in the woods, go round in a significantly small circle. It is

frequently observed that persons, who for one reason or another, i.e.,

robbery, maltreatment, a burglarious assault, etc., had fled into the

woods to escape, found themselves at daybreak, in spite of their flight,

very near the place of the crime, so that their honesty in fleeing seems

hardly believable. Nevertheless it may be perfectly trustworthy, even

though in the daytime the fugitive might be altogether at home in the

woods. He has simply underestimated the deviations he has made, and

hence believes that he has moved at most in a very flat arc. Supposing

himself to be going forward and leaving the wood, he has really been

making a sharp arc, and always in the same direction, so that his path

has really been circular.

Some corroboration for this illusion is supplied by the fact that the

left eye sees objects on the left too small, while the right eye

underestimates the right side of objects. This underestimation varies

from 0.3 to 0.7%. These are magnitudes which may naturally be of

importance, and which in the dark most affect deviations that are

closely regarded on the inner side of the eye--i.e., deviations to the

left of the left eye or the right of the right eye.

Such confusions become most troublesome when other estimations are added

to them. So long as the informant knows that he has only been

estimating, the danger is not too great. But as a rule the informant

does not regard his conception as an estimate, but as certain knowledge.

He does not say, “I estimate,” he says, “It is so.” Aubert tells how the

astronomer Förster had a number of educated men, physicians, etc.,

estimate the diameter of the moon. The estimation varied from 1´´ to 8´´

and more. The proper diameter is 1.5´´ at a distance of 12´´.

It is well known that an unfurnished room seems much smaller than a

furnished one, and a lawn covered with snow, smaller than a

thickly-grown one. We are regularly surprised when we find an enormous

new structure on an apparently small lot, or when a lot is parcelled out

into smaller building lots. When they are planked off we marvel at the

number of planks which can be laid on the surface. The illusions are

still greater when we look upward. We are less accustomed to estimation

of verticals than of horizontals. An object on the gutter of a roof

seems much smaller than at a similar distance on the ground. This can be

easily observed if any figure which has been on the roof of a house for

years is once brought down. Even if it is horizontally twice as far as

the height of the house, the figure still seems larger than before. That

this illusion is due to defective practice is shown by the fact that

children make mistakes which adults find inconceivable. Helmholtz tells

how, as child, he asked his mother to get him the little dolls from the

gallery of a very high tower. I remember myself that at five years I

proposed to my comrades to hold my ankles so that I could reach for a

ball from the second story of a house down to the court-yard. I had

estimated the height as one-twelfth of its actual magnitude. Certain

standards of under and overestimations are given us when there is near

the object to be judged an object the size of which we know. The reason

for the fact that trees and buildings get such ideal sizes on so-called

heroic landscape is the artistically reduced scale. I know that few

pictures have made such a devilish impression on me as an enormous

landscape, something in the style of Claude Lorraine, covering half a

wall. In its foreground there is to be seen a clerk riding a horse in a

glen. Rider and horse are a few inches high, and because of this the

already enormous landscape becomes frightfully big. I saw the picture as

a student, and even now I can describe all its details. Without the

diminutive clerk it would have had no particular effect.

In this connection we must not forget that the relations of magnitude of

things about us are, because of perspective, so uncertain that we no

longer pay any attention to them. “I find it difficult,” says

Lipps,[312] “to believe that the oven which stands in the corner of the

room does not look larger than my hand when I hold it a foot away from

my eyes, or that the moon is not larger than the head of a pin, which I

look at a little more closely.... We must not forget how we are in the

custom of comparing. I compare hand and oven, and I think of the hand in

terms of the oven.” That is because we know how large the hand and the

oven are, but very often we compare things the sizes of which we do not

know, or which we can not so easily get at, and then there are many

extraordinary illusions.

In connection with the cited incident of the estimation of the moon’s

diameter, there is the illusion of Thomas Reid who saw that the moon

seemed as large as a plate when looked at with the unhampered eye, but

as large as a dollar when looked at through a tube. This mistake

establishes the important fact that the size of the orifice influences

considerably the estimation of the size of objects seen through it.

Observations through key-holes are not rarely of importance in criminal

cases. The underestimations of sizes are astonishing.

[Illustration: FIG. 1.]

[Illustration: FIG. 2.]

Aërial perspective has a great influence on the determination of these

phenomena, particularly such as occur in the open and at great

distances. The influence is to be recognized through the various

appearances of distant objects, the various colors of distant mountains,

the size of the moon on the horizon, and the difficulties which aërial

perspective offers painters. Many a picture owes its success or failure

to the use of aërial perspective. If its influence is significant in the

small space of a painting, the illusions in nature can easily become of

enormous significance, particularly when extremes are brought together

in the observations of objects in unknown regions. The condition of the

air, sometimes foggy and not pellucid, at another time particularly

clear, makes an enormous difference, and statements whether about

distance, size, colors, etc., are completely unreliable. A witness who

has several times observed an unknown region in murky weather and has

made his important observation under very clear skies, is not to be

trusted.

An explanation of many sensory illusions may be found in the so-called

illusory lines. They have been much studied, but Zöllner[313] has been

the first to show their character. Thus, really quite parallel lines are

made to appear unparallel by the juxtaposition of inclined or crossing

lines. In figures 1 and 2 both the horizontal lines are actually

parallel, as may be determined in various ways.

The same lines looked at directly or backwards seem, in Fig. 1, convex,

in Fig. 2 concave.

[Illustration: FIG. 3.]

Still more significant is the illusion in Fig. 3, in which the convexity

is very clear. The length, etc., of the lines makes no difference in the

illusion.

On the other hand, in Fig. 4 the diagonals must be definitely thicker

than the parallel horizontal lines, if those are to appear not parallel.

That the inclination is what destroys the appearance of parallels is

shown by the simple case given in Fig. 5, where the distance from A to B

is as great as from B to C, and yet where the first seems definitely

smaller than the second.

Still more deceptive is Fig. 6, where the first line with the angle

inclined inwards seems incomparably smaller than the second with the

angle inclined outwards.

[Illustration: FIG. 4.]

[Illustration: FIG. 5.]

[Illustration: FIG. 6.]

All who have described this remarkable subject have attempted to explain

it. The possession of such an explanation might put us in a position to

account for a large number of practical difficulties. But certain as the

facts are, we are still far from their _why_ and _how_. We may believe

that the phenomenon shown in Figs. 1 and 2 appears when the boundaries

of a field come straight up to a street with parallel sides, with the

result that at the point of meeting the street seems to be bent in.

Probably we have observed this frequently without being aware of it, and

have laid no particular stress on it, first of all, because it was

really unimportant, and secondly, because we thought that the street was

really not straight at that point.

In a like manner we may have seen the effect of angles as shown in Figs.

5 and 6 on streets where houses or house-fronts were built cornerwise.

Then the line between the corners seemed longer or shorter, and as we

had no reason for seeking an accurate judgment we paid no attention to

its status. We simply should have made a false estimate of length if we

had been required to judge it. It is also likely that we may have

supposed an actual or suppository line on the side of the gables of a

house enclosed by angles of the gables, to be short,--but until now the

knowledge of this supposition has had no practical value. Nevertheless,

the significance of these illusions should not be underestimated. They

mean most of all the fact that we really can be much deceived, even to

the degree of swearing to the size of a simple thing and yet being quite

innocently mistaken. This possibility shows, moreover, that the

certainty of our judgment according to sensible standards is inadequate

and we have no way of determining how great this inadequacy is. We have

already indicated that we know only the examples cited by Zöllner,

Delboeuf and others. It is probable that they were hit upon by accident

and that similar ones can not be discovered empirically or

intentionally. Hence, it may be assumed that such illusions occur in

great number and even in large dimensions. For example, it is known that

Thompson discovered his familiar “optical circle illusion” (six circles

arranged in a circle, another in the middle. Each possesses bent radii

which turn individually if the whole drawing is itself turned in a

circle) by the accident of having seen the geometrical ornament drawn by

a pupil. Whoever deals with such optical illusions may see very

remarkable ones in almost every sample of ladies’ clothes, particularly

percale, and also in types of carpets and furniture. And these are too

complicated to be described. In the course of time another collection of

such illusions will be discovered and an explanation of them will be

forthcoming, and then it may be possible to determine how our knowledge

of their existence can be turned to practical use.

[Illustration: FIG. 7.]

[Illustration: FIG. 8.]

Practical application is easier in the so-called inversion of the visual

object. Fig. 7 shows the simplest case of it--the possibility of seeing

the middle vertical line as either deeper or higher than the others. In

the first instance you have before you a gutter, in the second a room.

Similar relations are to be observed in the case of a cube in which the

corner _a_ may be seen as either convex or concave according as you

think it behind or before the background of the angles from which _a_

proceeds. It is still clearer when, in a rhomboid, the line _XY_ is

drawn. Then _x_ or _y_ may be seen alternately as nearer or further and

the figure can thereby be brought into a different position. (Fig. 9.)

Done once it may be repeated voluntarily.

[Illustration: FIG. 9.]

[Illustration: FIG. 10.]

There are many practical examples of these illusions. Sinsteden saw one

evening the silhouette of a windmill against a luminous background. The

arms seemed now to go to the right, now to the left--clearly because he

did not make out the body of the mill and might equally assume that he

saw it from the front or from the rear, the wheels going toward the

right in the first, and toward the left in the other case. An analogous

case is cited by Bernstein. If (Fig. 10) the cross made of the thin

lines stand for the bars of a weather vane and the heavy lines represent

the weather vane itself, it may be impossible under the conditions of

illumination for an eye looking from N to distinguish whether the

weather vane points NE or SW; there is no way of determining the

starting point of motion. All that can certainly be said is that the

weather vane lies between NE and SW and that its angle is at the

crossing of the two lines, but the direction in which its heads point

can not be determined at even a slight distance. Both forms of this

illusion may occur in a criminal trial. If once a definite idea of some

form of order has been gained, it is not abandoned or doubted, and is

even sworn to. If asked, for example, whether the mill-wheel moved right

or left, the observer will consider hardly one time in a hundred whether

there might not have been an optical illusion. He will simply assure us

that the thing was as he thinks he saw it, and whether he saw it

correctly is purely a matter of luck.

To all these illusions may be added those which are connected with

movement or are exposed by movement. During the movement of certain

bodies we can distinguish their form only under definite conditions. As

their movement increases they seem shorter in the direction of movement

and as it decreases they seem broader than normally. An express train

with many cars seems shorter when moving directly near us, and rows of

marching men seem longer. The illusion is most powerful when we look

through a stationary small opening. The same thing occurs when we move

quickly past bodies, for this makes them seem very short as we go by.

Of such cases sense-illusion does not constitute an adequate

explanation; it must be supplemented by a consideration of certain

inferences which are, in most instances, comparatively complex.[314] We

know, e.g. that objects which appear to us unexpectedly at night,

particularly on dark, cloudy nights, seem inordinately magnified. The

process is here an exceedingly complex one. Suppose I see, some cloudy

night, unexpectedly close to me a horse whose environment, because of

the fog, appears indistinct. Now I know from experience that objects

which appear from indistinct environments are as a rule considerably

distant. I know, further, that considerably distant objects seem much

smaller, and hence I must assume that the horse, which in spite of its

imaginary distance appears to retain its natural size, is really larger

than it is. The train of thought is as follows: “I see the horse

indistinctly. It seems to be far away. It is, in spite of its distance,

of great size. How enormous it must be when it is close to me!” Of

course these inferences are neither slow nor conscious. They occur in

reflection with lightning-like swiftness and make no difference to the

certainty of the instantaneous judgment. Hence it is frequently very

difficult to discover the process and the mistake it contains.

If, however, the observer finds an inexplicable hiatus in an event he

happens to notice, he finds it strange because unintelligible. In this

way is created that notion of strangeness which often plays so great a

rôle in the examination of witnesses. Hence when under otherwise

uncomfortable conditions, I see a horse run without hearing the beat of

his hoofs, when I see trees sway without feeling any storm; when I meet

a man who, in spite of the moonlight, has no shadow, I feel them to be

very strange because something is lacking in their logical development

as events. Now, from the moment a thing becomes strange to an individual

his perceptions are no longer reliable, it is doubtful whether he knows

what he has really experienced before his world became strange to him.

Add to this that few people are unwilling to confess that they felt ill

at ease, that perhaps they do not even know it,[315] and you get the

complicated substitution of sensory illusions and uncanny sensation, the

one causing the other, the other magnifying the one, and so on until the

whole affair is turned into something quite unrecognizable. So we find

ourselves in the presence of one of the inexplicable situations of the

reality of which we are assured by the most trustworthy individuals.

To magnify this phenomenon, we need only think of a few slightly

abnormal cases. It has already been indicated that there are many such

which are not diseased, and further, that many diseased cases occur

which are not known as such, at least, as being so much so as to make

the judge call in the doctor. This is the more likely because there are

frequently, if I may say so, localized diseases which do not exhibit any

extraordinary symptoms, at least to laymen, and hence offer no reason

for calling in experts. If we set aside all real diseases which are

connected with optical illusions as not concerning us, there are still

left instances enough. For example, any medical text-book will tell you

that morphine fiends and victims of the cocaine habit have very strong

tendencies to optical illusions and are often tortured by them. If the

disease is sufficiently advanced, such subjects will be recognized by

the physician at a single glance. But the layman can not make this

immediate diagnosis. He will get the impression that he is dealing with

a very nervous invalid, but not with one who is subject to optical

illusions. So, we rarely hear from a witness that he knows such people,

and certainly not that he is one himself. A very notable oculist, Himly,

was the first to have made the observation that in the diseased

excitability of the retina every color is a tone higher. Luminous black

looks blue, blue looks violet, violet looks red, red looks yellow.

Torpor of the retina inverts the substitution.

Dietz[316] tells of color-illusions following upon insignificant

indigestion; Foderè of hysterics who see everything reversed, and

Hoppe[317] says, “If the order of the rods and cones of the retina is

somewhat disturbed by an inflammatory touch, the equilibrium of vision

is altered and changes in size, in form, or appearance occur.”

Naturally the criminalist can not perceive slight indigestion, weak

hysteria, or an inflamed area in the retina when he is examining

witnesses, yet false observations like those described may have a

definite influence upon the decision in a case.

If such abnormal occasions are lacking the reasons for optical illusions

are of another nature. As a rule optical illusions occur when there is

an interruption in the communication between the retina, the sense of

movement, and the sense of touch, or when we are prevented from reducing

the changes of the retinal image to the movement of our body or of our

eyes. This reduction goes on so unconsciously that we see the idea of

the object and its condition as a unit. Again, it is indubitable that

the movement of the body seems quicker when we observe it with a fixed

glance than when we follow it with our eyes. The difference may be so

significant that it is often worth while, when much depends on

determining the speed of some act in a criminal case, to ask how the

thing was looked at.

Fechner has made a far-reaching examination of the old familiar fact

that things on the ground appear to run when we ride by them

rapidly.[318] This fact may be compared with the other, that when you

look directly into swift-moving water from a low bridge, the latter

seems all of a sudden to be swimming rapidly up stream, though the water

does not appear to stand still. Here some unknown factor is at work and

may exercise considerable influence on many other phenomena without our

being able to observe the results. To this class may be added the

extraordinary phenomenon that from the train objects easily seem too

near and hence appear smaller than they are. It may be, however, that

the converse is true and objects appear smaller, or at least shorter,

and that inasmuch as we are in the habit of attributing the diminution

of size in objects to their distance, we tax the latter as false. So

much is certain--that whenever we ourselves move quickly we make false

judgments of size, distance, and even color. The last may be due to the

fact that during a quick passage, colors may so compose themselves, that

green and red become white, and blue and yellow, green, etc. I believe

that all these illusions are increasing in connection with the spread of

bicycling, inasmuch as many observations are made from the fleeting

wheel and its motion tends to increase the illusions considerably.

Concerning the differences in movement Stricker[319] says: “If I lie on

my back and see a bird fly in the uniformly blue heaven, I recognize the

movement although I have no object with which to compare it. This can

not be explained by the variety of points on the retina which are

affected, for when the bird pauses and I turn my eye, I know that it is

not moving.” The last argument is not correct. If the bird is sitting on

a branch I know, in spite of all my occipital movement, that it is

quiet, but only because I perceive and observe the bird’s immobility.

If, however, I lie on my back like Stricker and see above me a bird of

the class that, so to speak, swim motionless in the air for minutes at a

time, and if then I turn my head, I can not tell when the bird begins to

move. Here then we have no exception to the general rule and can always

say that we are speaking of movement optically perceived when the rays

issuing from any body progressively touch various points on the retina.

And since this occurs when we are in motion as well as when the object

is in motion it happens that we can not locate the movement, we cannot

say whether it be in us or in the object.

Of course, the possibility that fanciful images may appear during

movement is familiar. If I sit quietly in the forest and at some

distance see a stone or a piece of wood or a little heap of dried

leaves, etc., it may be that, because of some illusion, I take it to be

a rolled up hedgehog, and it may happen that I am so convinced of the

nature of the object while I am looking at it that I see how the

hedgehog stretches itself, sticks out its paws and makes other

movements. I remember one winter when, because of some delay, a

commission on which I was serving had failed to reach a village not far

from the capital. We had gone to investigate a murder case and had found

the body frozen stiff. The oven in the room was heated and the

grave-digger placed the stiff body near the oven in order to thaw it

out. We at this time were examining the place. After a while I was

instructed by the examining justice to see about the condition of the

corpse, and much to my disgust, I found it sitting near the oven, bent

over. It had thawed out and collapsed. During the subsequent obduction I

saw most clearly how the corpse made all kinds of movements, and even

after the section, during the dictation, of the protocol, my imagination

still seemed to see the corpse moving a hand or a foot.

The imagination may also cause changes in color. Once, I saw on my desk,

which stood next to a window, a great round drop of water on the left

side of which the panes of the window were reflected. (Fig. 11). The

whole business was about a meter from my eye. I saw it repeatedly while

working and it finally occurred to me to inquire how such a great drop

of water could get there. I had sat at my desk for hours without moving.

I must have observed it if it had dropped there. Refraining

intentionally from going closer, I started, without avail, to consider

how it could have come. Some time after I examined the drop of water and

found it to be an ink-blot, long ago completely dried, and bearing on

its left side a few grains of white cigar ash. I had taken these to be

the image of the window, and hence, had immediately attached to it the

idea of the shining, raised drop of water. I had altogether overlooked

the deep black color of the drop. On the witness stand I would have

sworn that I had seen a drop of water, even if I had known the evidence

on the matter to be important.

[Illustration: FIG. 11.]

In many cases it is possible to control the imagination, but only when

it is known that the images can not be as they are seen. Everybody is

aware how a half-covered object at a distance, or objects accidentally

grouped in one way or another, are taken for God knows what. Thus once,

looking from my desk to my smoking table, I saw an enormous pair of

tailor’s scissors half-covered by a letter. It remained identical under

a number of repeated glances. Only when I thought vigorously that such a

thing could not possibly be in my room did it disappear. A few scales of

ashes, the lower round of the match safe, the metal trimmings of two

cigar boxes half-covered by a letter and reflected by the uncertain

light breaking through the branches of a tree, were all that the

tailor’s scissors was composed of. If there had been such a thing in the

house, or if I had believed something like it to exist in the house, I

should have sought no further and should have taken my oath that I had

seen the thing. It is significant that from the moment I understood the

phenomenon I could not restore the image of the scissors. How often may

similar things be of importance in criminal trials!

The so-called captivation of our visual capacity plays a not unimportant

part in distinguishing correct from illusory seeing. In order to see

correctly we must look straight and fully at the object. Looking askance

gives only an approximate image, and permits the imagination free play.

Anybody lost in a brown study who pictures some point in the room across

the way with his eyes can easily mistake a fly, which he sees confusedly

askance, for a great big bird. Again, the type of a book seems

definitely smaller if the eyes are fixed on the point of a lead pencil

with a certain distance before or above the book. And yet again, if you

stand so that at an angle of about 90 degrees from the fixation point,

you look at a white door in a dark wall, observing its extent in

indirect vision, you will find it much higher than in direct vision.

These examples indicate how indirect vision may be corrected by later

correct vision, but such correction occurs rarely. We see something

indirectly; we find it uninteresting, and do not look at it directly.

When it becomes of importance later on, perhaps enters into a criminal

case, we think that we have seen the thing as it is, and often swear

that “a fly is a big bird.”

There are a number of accidents which tend to complete illusion. Suppose

that the vision of a fly, which has been seen indirectly and taken for a

big bird happens to be synchronous with the shriek of some bird of prey.

I combine the two and am convinced that I have seen that bird of prey.

This may increase, so much so that we may have series of

sense-illusions. I cite the example of the decorative theatrical artist,

who can make the most beautiful images with a few, but very

characteristic blots. He does it by emphasising what seems to us

characteristic, e.g., of a rose arbor, in such a way that at the

distance and under the conditions of illumination of the theatre we

imagine we really see a pretty rose arbor. If the scene painter could

give definite rules he would help us lawyers a great deal. But he has

none, he proceeds according to experience, and is unable to correct

whatever mistakes he has committed. If the rose arbor fails to make the

right impression, he does not try to improve it--he makes a new one.

This may lead to the conclusion that not all people require the same

characteristics in order to identify a thing as such, so that if we

could set the rose arbor on the stage by itself, only a part of the

public would recognize it as properly drawn, the other part would

probably not recognize it at all. But if, of an evening, there is a

large number of decorations on the stage, the collective public will

find the arbor to be very pretty. That will be because the human senses,

under certain circumstances, are susceptible to sympathetic induction.

In the case of the rose arbor we may assume that the artist has

typically represented the necessary characteristics of the arbor for one

part of the audience, for another part those of a castle, for another

part those of a forest, and for a fourth those of a background. But once

an individual finds a single object to be correct, his senses are

already sympathetically inductive, i.e., captivated for the correctness

of the whole collection, so that the correctness passes from one object

to the total number. Now, this psychic process is most clear in those

optical illusions which recently have been much on public exhibition

(the Battle of Gravelotte, the Journey of the Austrian Crown Prince in

Egypt, etc.). The chief trick of these representations is the presenting

of real objects, like stones, wheels, etc., in the foreground in such a

way that they fuse unnoticeably with the painted picture. The sense of

the spectator rests on the plastic objects, is convinced of their

materiality and transfers the idea of this plasticity to the merely

pictured. Thus the whole image appears as tri-dimensional.

The decorations of great parks at the beginning of the last century

indicate that illumination and excited imagination are not alone in

causing such illusions. Weber tells ecstatically of an alley in

Schwetzing at the end of which there was a highly illuminated concave

wall, painted with a landscape of mountains and water-falls. Everybody

took the deception for a reality because the eye was captivated and

properly inducted. The artist’s procedure must have been psychologically

correct and must have counted upon the weakness of our observation and

intellection. Exner points to the simple circumstance that we do not

want to see that things under certain conditions must terminate. If we

draw a straight line and cover an end with a piece of paper, every one

wonders that the line is not longer when the paper is removed.

I know of no case in criminal procedure where illusions of this kind

might be of importance, but it is conceivable that such illusions enter

in numberless instances. This is especially susceptible of observation

when we first see some region or object hastily and then observe it more

accurately. We are astonished how fundamentally false our first

conception was. Part of this falseness may be adduced to faults of

memory, but these play little or no part if the time is short and if we

are able to recall that the false conception appeared just as soon as we

observed the situation in question. The essential reason for false

conception is to be found only in the fact that our first hasty view was

incorrectly inducted, and hence, led to illusions like those of the

theatre. Thus, it is possible to take a board fence covered at points

with green moss, for a moss-covered rock, and then to be led by this to

see a steep cliff. Certain shadows may so magnify the size of the small

window of an inn that we may take it to be as large as that of a sitting

room. And if we have seen just one window we think all are of the same

form and are convinced that the inn is a mansion. Or again, we see,

half-covered, through the woods, a distant pool, and in memory we then

see the possibly, but not necessarily, present river. Or perhaps we see

a church spire, and possibly near it the roof of a house rises above the

trees; then we are inducted into having seen a village, although there

really are visible only the church and the house.

These illusions again, I must repeat, are of no importance if they are

at all doubted, for then the truth is ascertained. When, however, they

are not doubted and are sworn to, they cause the greatest confusion in

trials. A bar-room quarrel, a swung cane, and a red handkerchief on the

head, are enough to make people testify to having seen a great brawl

with bloody heads. A gnawing rat, a window accidentally left open

through the night, and some misplaced, not instantaneously discovered

object, are the ingredients of a burglary. A man who sees a rather quick

train, hears a shrill blowing of the whistle, and sees a great cloud,

may think himself the witness of a wreck. All these phenomena, moreover,

reveal us things as we have been in the habit of seeing them. I repeat,

here also, that the photographic apparatus, in so far as it does not

possess a refracting lens, shows things much more truly than our eye,

which is always corrected by our memory. If I permit a man sitting on a

chair to be photographed, front view, with his legs crossed and

stretched far out, the result is a ludicrous picture because the boots

seem immensely larger than the head of the subject. But the photograph

is not at fault, for if the subject is kept in the same position and

then the apparent size of head and boot are measured, we get accurately

the same relation as on the photograph. We know by experience how big a

head is. And hence, we ordinarily see all relations of size in proper

proportion. But on the photograph we can not apply this “natural”

standard because it is not given in nature, and we blame the camera.

If, in a criminal case, we are dealing with a description of size, and

it is given as it is known from experience, not as it really appears,

then if experience has deceived us, our testimony is also wrong,

although we pretend to have testified on the basis of direct

sense-perception.

The matter of after-images, probably because of their short duration, is

of no criminalistic importance. I did once believe that they might be of

considerable influence on the perception of witnesses, but I have not

succeeded in discovering a single example in which this influence is

perceptible.

On the other hand, the phenomenon of irradiation, the appearance of dark

bodies as covered with rays of light by adjacent luminosities, is of

importance. This phenomenon is well-known, as are Helmholtz’s and

Plateau’s explanations of it. But it is not sufficiently applied. One

needs only to set a white square upon the blackest possible ground and

at the same time a similar black square of equal size on a white ground,

and then to place them under a high light, to perceive how much larger

the white square appears to be. That such phenomena often occur in

nature need not be expounded. Whenever we are dealing with questions of

size it is indubitably necessary to consider the color of the object and

its environment with respect to its background and to the resulting

irradiation.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 66 / 79 章