Section 106. (1) Verbal Misunderstandings.[328]

Here too it is not possible to draw an absolutely definite boundary

between acoustic illusions and misunderstandings. Verbally we may say

that the former occur when the mistake, at least in its main

characteristic, is due to the aural mechanism. The latter is intended

when there is a mistake in the comprehension of a word or of a sentence.

In this case the ear has acted efficiently, but the mind did not know

how to handle what had been heard and so supplements it by something

else in connection with matter more or less senseless. Hence,

misunderstandings are so frequent with foreign words. Compare the

singing of immigrant school children, “My can’t three teas of tea” for

“My country ’tis of thee,” or “Pas de lieu Rhone que nous” with “Paddle

your own canoe.”[329]

The question of misunderstandings, their development and solution, is of

great importance legally, since not only witnesses but clerks and

secretaries are subject to them. If they are undiscovered they lead to

dangerous mistakes, and their discovery causes great trouble in getting

at the correct solution.[330] The determination of texts requires not

only effort but also psychological knowledge and the capacity of putting

one’s self in the place of him who has committed the error. To question

him may often be impossible because of the distance, and may be useless

because he no longer knows what he said or wanted to say. When we

consider what a tremendous amount of work classical philologists, etc.,

have to put into the determination of the proper form of some misspelled

word, we can guess how needful it is to have the textual form of a

protocol absolutely correct. The innocence or guilt of a human being may

depend upon a misspelled syllable. Now, to determine the proper and

correct character of the text is as a rule difficult, and in most cases

impossible. Whether a witness or the secretary has misunderstood, makes

no difference in the nature of the work. Its importance remains

unaffected, but in the latter case the examining justice, in so far as

he correctly remembers what he has heard, may avoid error. The mistakes

of the secretaries may in any event be reduced to a minimum if all

protocols are read immediately, and not by the secretary but by the

examining judge himself. If the writer reads them he makes the same

mistakes, and only a very intelligent witness will perceive them and

call attention to them. Unless it so happens the mistake remains.

I cite a few of the errors that I have observed. From a protocol with

the suspect: “On the twelfth of the month I left Marie Tomizil” (instead

of, “my domicile”). Instead of “irrelevant,”--“her elephant.” Very often

words are written in, which the dictator only says by the way; e.g.,

“come in,” “go on,” “hurry up,” “look out,” etc. If such words get into

the text at all it is difficult to puzzle out how they got in. How

easily and frequently people misunderstand is shown by the oath they

take. Hardly a day passes on which at least one witness does not say

some absolute nonsense while repeating it.

The discovery of such errors and the substitution of what is correct

brings us back to the old rule that the mere study of our own cases can

not teach us anything, since the field of view is too narrow, the

material too uniform, and the stimulation too light. Other disciplines

must be studied and examples from the daily life must be sought. Goethe,

in particular, can teach us here. In his little monograph, “Hör-,

Schreib-and Druckfehler,” he first tells that he had discovered the most

curious mistakes in hearing when he reread dictated letters, mistakes

which would have caused great difficulty if not immediately looked

after. The only means for the solution of these errors is, he says, “to

read the matter aloud, get thoroughly into its meaning and repeat the

unintelligible word so long that the right one occurs in the flow of

speech. Nobody hears all that he knows, nobody is conscious of all that

he senses, is able to imagine, or to think. Persons who have never been

to school tend to turn into German all Latin and Greek expressions. The

same thing happens just as much with words from foreign languages whose

pronunciation is unknown to the writer ... and in dictation it occurs

that a hearer sets his inner inclination, passion, and need in the place

of the word he has heard, and substitutes for it the name of some loved

person, or some much desired good morsel.” A better device for the

detection of errors than that suggested by Goethe cannot be found, but

the protocol or whatever else it may be must be _read_; otherwise

nothing helps. Many mistakes are due, as Münsterberg points out, to the

fact that the word is seen for just an instant, and it is easy to

misread a word so seen if some similar word had been heard or seen just

before. The most senseless corruptions of text occur often, and it seems

extraordinary how they may be overlooked. Andresen points out that the

reason for all popular explanations is the consciousness of language

which struggles against allowing any name to be an empty sound, and

still more, strives to give each term a separate meaning and an

indubitable intelligibility. The human mind acts here instinctively and

naïvely without any reflection, and is determined by feeling or

accident. Then it makes all kinds of transformations of foreign words.

This fits with the analogous observation that a group of Catholic patron

saints depend for their character on their names. Santa Clara makes

clear vision; St. Lucy sounds like lucida, and is the saint of the

blind; St. Mamertus is analogous to mamma, the feminine breast, and is

the patron saint of nurses and nursing women. Instructive substitutions

are Jack Spear, for Shakespeare, Apolda for Apollo; Great victory at le

Mans, for Great victory at Lehmanns; “plaster depot,” for “place de

Repos.”

Andresen warns us against going too far in analysis. Exaggerations are

easy, particularly when we want to get at the source of a

misunderstanding because of the illegibility of the style. Our task

consists, first of all, in getting at the correctness of what has been

said or written, otherwise we have nothing whatever to go by. Only when

that is quite impossible may we assume misunderstandings and seek them

out. The procedure then must be necessarily linguistic and psychological

and requires the consultation of experts in both fields. Certain

instructive misunderstandings of the most obvious sort occur when the

half-educated drop their dialect, or thoroughly educated people alter

the dialectical expressions and try to translate them into high German.

It is frequently important to understand the curious transposition in

meaning which foreign words get, e.g., commode, fidel, and famos. A

commode gentleman means in German, a pliable person; and a fidel lad is

not a loyal soul, but a merry, pleasure-seeking one; famos--originally

“famous,”--means expensive or pleasant.

It may be not unimportant to understand how names are altered. Thus, I

know a man who curiously enough was called Kammerdiener, whose father

was an immigrant Italian called Comadina, and I know two old men,

brothers, who lived in different parts of the country, one of whom was

called Joseph Waldhauser, the other Leopold Balthasar. In the course of

the generation the name had so completely changed that it is impossible

to say which is correct. Again, a family bearing the name Theobald is of

French origin and used really to be called Du Val. In Steiermark, which

had been over-run with Turks two hundred years ago, there are many

family names of Turkish origin. Thus Hasenöhrl may come from Hassan Öri;

Salata from Saladin; Mullenbock, from Mullei Beg; Sullman from Soliman.

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