It may be difficult to convince the lay mind, and especially the legal

mind, that an individual may be suffering from an actual psychosis and

at the same time malinger mental symptoms. It is the legal mind

especially, working as it does with well-differentiated,

sharply-defined, and wholly artificial concepts, that demands a sharp,

strict differentiation between the mentally well and the mentally sick.

By means of man-made statutes a line has been created, on one side of

which they would place all the mentally well and on the other side all

the mentally diseased. By the same token they cannot conceive how an

individual placed on one side of the line may be able to manifest a type

of reaction, a form of conduct, which is by common consent considered as

being something essentially characteristic of the man on the other side

of the line, losing sight of the fact that in the evolution of the human

mind Nature is far from drawing such sharp differentiations as are

exemplified by legal statutes. It would certainly be very convenient,

and expert testimony would certainly have been spared the disrepute into

which it has fallen, were Nature more accommodating in this respect. But

Nature does not work in this fashion; differentiation in Nature takes

place through infinite gradations, and between the absolutely well

mentally and the frankly insane there is a host of individuals

concerning whom it is almost next to impossible to state to which of the

above two groups they belong. Thus it is that the frankly insane at

times manifest conduct which taken by itself differs in no way from

normal conduct, and that the so-called normal individual at times

exhibits a type of reaction which is essentially of a psychotic nature.

To the psychiatrist it is a matter of common occurrence to see the

mentally diseased not only dissimulate very ingeniously and tactfully

mental symptoms so that it is frequently impossible to convince a jury

of laymen of the existence of mental disorder, but at times, when the

necessity arises, they consciously accentuate their symptoms or frankly

malinger.

There is nothing strange about this. There is absolutely no reason why

the insane, in his desire to gain expression for his wishes and

strivings, should not avail himself of the same means that normal man

uses.

The following case illustrates this very clearly:--

W. J. C., a well-educated, fairly efficient newspaper reporter, after

a period of indefinite, vague, neurasthenic complaints lasting several

weeks and which brought about his discharge from the staff of a local

newspaper, awoke one July morning, picked up his infant child and,

throwing it against the opposite wall of the room, inflicted fatal

injuries upon it. After this he turned his face to the wall and

remained quietly in bed. There was no ascertainable cause present for

this act. The child was in the habit of entering the patient's room

every morning and playing with him before he arose from bed. It was

apparently on the same errand on this fatal morning. Shortly after

getting up the patient wanted to leave the house in his night clothes,

but was prevented from doing so and held until the police arrived. Six

and one-half hours later,--_i.e._, on July 27, at 12.30 P.M.,--he was

seen by me at the Government Hospital for the Insane.

On admission to the hospital he was very restless and anxious, walked

up and down the room, hands in his pockets, would sit down for a few

minutes, then walked the floor again. Later in the day he was visited

by a newspaper reporter, a friend of his, with whom he conducted a

clear and coherent conversation, and when told by the latter that the

child was dead he assumed a markedly depressed facial expression. In

reply to my questions intended to bring out his attitude towards the

whole affair, he usually stated, "I don't know," and on one occasion

in a very agitated manner said, "So help me God, doctor, I don't know

anything about this." Later in the day he gave a clear and coherent

account of his past life, and a detailed mental examination failed to

bring out any gross mental disorder. He showed, however, considerable

uncertainty about the length of time certain events of the preceding

day consumed. He could not tell exactly when he retired the previous

evening. He remembered, however, going to bed, likewise that his wife

came to his room sometime during the night and asked him to fill the

babe's milk bottle. He didn't remember whether he did this or not. The

next thing he remembered was sitting in the parlor of the house,

sometime in the morning, and was able to describe accurately those who

were present.

During the remainder of the afternoon he was morose and depressed,

refused to eat his supper, and continued in a restless state. He was

again seen by me at 7.30 in the evening in company with two other

physicians. The patient approached one of the physicians, extended his

hand to him, and in a familiar manner said, "Hello, Mr. C." When told

that this was not Mr. C., patient exclaimed "Oh!" in a confused and

astonished manner, said, "Where am I?" and reeled over on the floor as

if in a swoon. He was told to sit up in the chair, which he did.

"What date is this?" "August 26, 1910" (July 27, 1910).

"How long have you been here?" "Since July 25, 1910."

"How long a period would that make?" "One month--oh no, one day; this

is August 10, 1910."

"What were you sent here for?" "Don't know."

"Who brought you here?" "Don't know--oh yes, two policemen."

"What is your babe's name?" "Don't know."

"What is your wife's name?" "Don't know."

He was then given a newspaper clipping in which the whole affair was

fully described. He read the account through, but without exhibiting

the slightest emotion, and said, "Isn't that awful, doctor?"

"How do you feel about this affair of your babe being dead?" "I don't

know anything about it."

"How much is 2 times 3?" After considerable delay and in an absorbed

mood he said, "70."

"How much is 6 times 7?" After a long pause he said, "Don't know."

"Which is the largest newspaper in Washington?" "Don't know." (Patient

was on the staff of a local newspaper.)

When we remember that only several hours before this the patient gave a

coherent account of his past life and showed nothing grossly psychotic,

the foregoing symptoms, such as the lack of knowledge of his wife's or

babe's name, inability to solve problems such as 2 times 3, the fainting

spell, etc., must be looked upon as unquestionably malingered. When

examined the following day he showed still further signs of malingering,

the detailed account of which must, however, be omitted on account of

lack of space, and yet this man was unquestionably insane; the act

itself (the infanticide) was unquestionably an insane act, as will be

shown later. We have mentioned the fact of his neurasthenic symptoms and

how as a result of these he lost his position. The physical examination

of the patient revealed certain neurological signs, such as

exaggeration of the patellar reflexes, lateral nystagmus of both eyes,

which determined us to look further into the question of his physical

state, especially in view of a history of luetic infection five years

before. A spinal puncture was accordingly performed, and the spinal

fluid findings were as follows: Fluid clear, pressure moderately

increased, Noguchi butyric acid reaction positive, a rather uncommonly

heavy granular type of precipitate, cells per cubic millimeter 129.

Differential cell count: Lymphocytes, 94 per cent; phagocytes

2.2 per cent; plasma cells, 0.25 per cent; unclassified cells,

2.25 per cent. Wassermann reaction with spinal fluid negative, both

active and inactivated. Wassermann reaction with the blood-serum

negative. This, however, became positive later on in the disease. The

above findings indicate unquestionably that he was suffering from

cerebral syphilis.

It is not necessary to enter into further detail concerning the progress

of this case. Suffice it to say that with proper treatment he entirely

recovered and was so discharged on June 14, 1911.

There can be no doubt that this man malingered mental symptoms, neither

need there be the slightest doubt about his having suffered from an

actual mental disorder. The motive for his malingering is perfectly

obvious. Finding himself suddenly confronted with a charge of

infanticide, and rent by the various conflicting emotions which a

realization of this carries with it, he resorted to the common weapon of

defense, malingering of mental symptoms. We have seen that he deceived

no one but himself; that in reality he was a very seriously affected

individual. It was fortunate for him that because of some lucky turn of

events he landed in a hospital instead of in jail.

A more or less similar case recently received the maximum sentence of

life imprisonment for manslaughter. In this instance the case was

chiefly observed by jail officials instead of physicians in its early

course.

The foregoing case, it seems to me, illustrates very well that, while we

are fully justified in assuming a relationship of cause and effect in

many cases of malingering, in many others malingering and actual mental

disease are concomitant phenomena, having a common root in the same

diseased soil. Thus Pelman[10] holds simulation in the mentally normal

to be extremely rare, and he always finds himself at a loss to

differentiate between that which is simulated and that which represents

the actual traits of the individual. My own experience prompts me to

agree with Pelman. This confusion and difficulty of differentiation

between actual mental disease and malingered symptoms may manifest

itself in two ways. The same individual may be suffering at one time

from a frank mental disorder, and at some later period, finding himself

in a stressful situation, malinger a psychotic state, or, as we saw in

the preceding case, malingering of symptoms may manifest itself during

the course of a frank mental disorder, as will be further illustrated in

succeeding cases. Pelman's statement, however, applies most forcibly to

that mass of border-line cases which will be discussed later.

T. W. was admitted to the Government Hospital for the Insane from the

United States Penitentiary, Leavenworth, Kan., on June 16, 1910, at

the age of twenty-nine. He was serving at the time a sentence of eight

years for post-office robbery. His own version of his family and past

personal history is unreliable. He claimed to have suffered from a

paralysis of both arms from March, 1904, until March, 1906, and that

he was at that time confined to a sanitarium. He would not give the

name of that institution, and the whole story may have been

fictitious. At any rate, if he did suffer from this paralysis it was

very likely functional in type, as at the time of his admission here,

four years later, he showed no traces whatever of this. He admitted

having been arrested several times before for drunkenness and

disorderly conduct. His industrial career was very irregular.

The onset of the present attack, as described in the medical

certificate which accompanied him on admission, was as follows:--"On

the evening of April 17, 1910, patient suddenly began to shout, sing,

and pray, claiming that the spirit of God had entered his heart and

that he had a mission to perform. This mission was to go among the

prisoners and preach the Gospel. He then manifested this in a very

erratic manner; ideation was disturbed and disconnected, and there was

present psychomotor restlessness. A probable diagnosis of

manic-depressive psychosis was made by the prison physician."

On admission to this hospital the patient was well nourished

physically, talked readily and coherently, was clear mentally,

although he stated he did not know the nature of this hospital, adding

spontaneously that he knew it was not an insane asylum. His

productivity was chiefly of a religious nature. He stated he was the

real Elijah III, the real prophet; that the vision of Jesus Christ

came to him in his cell, handed him a cross, and told him to pick up

his clothes and follow Him. The warden at the penitentiary was jealous

of his ability to preach the Gospel, and in consequence tried to get

two men to kill him, but these could do him no harm, because he had

the spirit of God in him. The warden also tried to poison him. He

complained of a fever in his stomach from the food the warden gave

him, stated he could see crosses in the corner of his room, and was

continually mumbling something to himself in a low voice. He rested

well on the first night of his sojourn here, and the following morning

told the attendant that he had seen God standing behind him at

intervals during the night. On June 28, 1910, he developed a marked

religious excitement, preached loudly while out in the yard, and

wildly gesticulated in a manner as if he were addressing someone

above. He continued intermittently excited until the early part of

August, 1910. It should be noted here that at this time there were two

other cases confined in the same building, two cases of dementia

praecox, who manifested similar religious excitement. It is of

importance to note this, inasmuch as suggestion plays a considerable

role in the choice of the malingered symptom, and because one of the

characteristics of the type of individuals under consideration is a

high degree of suggestibility.

In his conduct in the ward he was quiet and orderly, frequently talked

in a rational and coherent manner, but invariably brought into the

conversation his delusional ideas. In his demeanor towards me he was

very evasive, suspicious, and showed a marked disinclination to enter

into a protracted interview. Soon after an unsuccessful attempt to

examine him more thoroughly he handed me a letter addressed to Judge

Landis at Chicago, in which he ordered said Judge to remove Voliva

from Zion City and turn the latter over to him, the patient, as the

rightful heir and the only real Elijah III. Following this there was

another tranquil period, during which the patient's conduct was quite

good. About a month later another attempt was made to examine him in

detail, but so soon as he noticed my intention to take notes of the

examination he became very suspicious and evasive and absolutely

refused to cooeperate. This episode was likewise soon followed by a

letter as follows. The letter was addressed to the warden of the

United States Penitentiary at Leavenworth, Kan., and he requested that

it be mailed immediately, as it was very important. It was correctly

dated and read:--

"DEAR SIR: When you receive this letter you will immediately take

steps to have me returned to the penitentiary, where I have a divine

mission to perform. You old ... do you realize that you are fooling

with the prophet Elijah, the Lord's chosen? Have you no fear of the

wrath that God shall bestow on you if you even dare to offend His

divine servant? Don't you ever for a minute think that you can

connive to beat me out of my property in Zion City, you and that

interloper, L. L. Voliva. I shall have it all just as the Lord meant

I should, and I shall carry on the work just as the Divine Master

meant I should. For what matter it if the world is against us, so

long as God is for us? Now, you old reptile, on receipt of this you

will immediately discharge the chaplain; he has no business there.

When I get back I'll take his place, for I am Elijah III, the Lord's

anointed.

(Signed) "T. W. ELIJAH III, Station L, Washington, D.C."

In the meantime it was noted that the patient was very shrewd in his

various schemes for making his escape from the hospital; that he very

ingeniously managed to manufacture all sorts of weapons, and that he

seemed to be especially delusional when in conversation with the

hospital officials.

Soon after the patient planned and executed a very daring escape,

taking with him two other patients, but was soon apprehended and

returned to the hospital. All of this led me to suspect that the

patient was simulating a good many of his symptoms, and that, at any

rate, he was very much exaggerating his psychotic state.

However, there was a certain element of contradiction, a certain lack

of consistency, present in his behavior which is entirely atypical of

the pure malingerer. His explanations of his ideas were flat and

somewhat dilapidated, and resembled to a certain extent the

explanations of a dementia praecox case. In other words, there was no

doubt that the patient malingered, but there was likewise no doubt that

he suffered from a psychosis. On several occasions he refused to take

nourishment for several days at a time in reaction to his delusional

ideas.

Upon his return from his elopement it was felt that, owing to his

dangerous tendencies, a more thorough attempt at evaluating the

relative importance of the genuine and the malingered in his case ought

to be made with a view to returning him to the penitentiary.

He was accordingly again thoroughly examined on April 8, with the

following results: He reiterated his delusional ideas substantially as

given above. He insisted that he was not insane; that he was railroaded

to this hospital because the warden of the penitentiary and other

United States officials are trying to rob him of his property in Zion

City. "God Almighty meant that Zion City should belong to me." This was

decided on the night when he saw the cross.

"How many months in a year?" "Twelve."

"How many days in a week?" "Seven."

"Name the months." "March, April, June, July, August, October,

November, December, January, and February."

"What is the last month of the year?" "October."

"What is the first month of the year?" "March."

"Which is the Christmas month?" "I'm not certain, but I think it's

January."

"How does vinegar taste?" "Sweet."

"How does a lemon taste?" "Sweet."

"What is the color of an orange?" "Blue."

"Count from 1 to 20." Counts very slowly and deliberately, omitting 11

and 15.

"4 x 2 = 8; 8 x 4 = 28; 9 x 3 = 27; 7 x 4 = 24; 6 x 4 = 22; 6 + 7 = 13;

19 + 11 = 30; 7 + 8 = 14; 3 x 3 = 9; 4 x 2 = 12; 6 x 4 = 14;

5 x 2 = 10; 1 + 9 = 10; 9 + 11 = 21; 11 + 9 = 18; 50 + 5 = 11;

8 / 2 = 4; 27 / 9 = 4."

"Name the days of the week." "Tuesday, Wednesday, Thursday, Friday, and

Saturday."

"Name them again." "Monday, Tuesday, Thursday, Friday, Saturday, and

Monday."

In repeating a very simple story he changed the content entirely, and

omitted some of the most important details of it.

When we remember that this man was far from being as ignorant as some

of the above answers would suggest, and that, while he unquestionably

suffered from a psychosis, his state of consciousness was altogether

too clear to justify a degree of lack of touch with his environment

such as his replies would indicate, it becomes quite obvious that he

malingered. This, together with his dangerous tendencies, determined us

to return him to the penitentiary, which was done on April 11, 1911.

He reached the penitentiary on April 13, and on the night of April 20

he began preaching in a loud tone of voice, claiming that he was the

son of David, and that he was called upon to go forth and preach to the

world. He was removed from his cell to the isolation building, where he

refused to take nourishment until April 23. During this period he spent

most of the time preaching and singing religious songs, and at times

would hold long and heated arguments with some imaginary person, always

on religious topics. From the above date until his transfer to the

Government Hospital for the Insane on September 24, 1911, he continued

in a very disturbed and destructive state, refusing food frequently

for several meals in succession, preached, sang, and cursed in turn,

gave voice to the various delusional ideas manifested above, and gave

objective evidence of suffering from hallucinations. Throughout he

strongly maintained that he did not want to return to the hospital at

Washington, as there was nothing wrong with him mentally.

The prison physician who examined the patient at the penitentiary

before his second admission to this hospital made the following

notation in the case: "The mental examination of T. W. reveals

inconsistencies that are strongly suggestive of simulation, and I

believe there is in this case a degree of malingering, frequently

associated with prison psychoses, yet that there is a psychosis, in my

opinion, there is no doubt."

Upon his return to this hospital he became involved in fistic

encounters, on the way to his ward, for which there was very little

provocation. For several weeks following this he was very surly,

dissatisfied, moody, and inaccessible, but showed no other psychotic

symptoms. Four days after admission he subscribed to a local newspaper,

which he read regularly and kept himself well informed on ordinary

topics. He was clear mentally, well oriented in all respects, and

adapted himself readily to his new environment, except that he

absolutely refused to eat the regular food furnished the patients. For

about three weeks he lived practically on fruit and candies which he

purchased, persisting in his determination to starve himself unless he

were given a special diet. This was furnished him, and he had no

further dietetic troubles. No delusions or hallucinations were

manifested, intellectual examination revealed no intelligence defect

(gross), and, aside from his surly mood and his tendency for rather

frequent endogenous depressed periods, he showed no abnormal

manifestations.

In this state he required no special hospital treatment, and, as he

promised to conduct himself properly if he were returned to the

penitentiary, he was transferred back on February 20, 1912.

Upon his return he continued, however, to manifest periodic

excitements, with destructiveness, always, however, in reaction to some

environmental irritation. He nevertheless managed to remain in the

penitentiary until the termination of his sentence.

It is highly doubtful whether proper means will ever be evolved to

enable one to differentiate accurately between that which is genuine and

that which is malingered in cases like, for instance, the foregoing.

This man unquestionably suffered from a psychosis, and yet there is

likewise no doubt that he malingered. The question of the accurate

differentiation between the genuine and the shammed seems to me,

however, to be strictly an academic one and of very slight practical

importance. What is of importance is the recognition that malingering

and mental disease are here the expression of the same diseased soil,

and that the same source should perhaps be also attributed to this man's

criminalistic tendencies. Crime, mental disease, and malingering should

perhaps here be looked upon as different phases of a mode of reaction to

life's problems which belongs to a lower cultural level, which is

largely infantile in character.

That this infantile way of facing reality is dependent upon some

constitutional inherent anomaly is attested to by the circumstance that

these individuals practically always react in this manner when forced to

form new adjustments, new adaptations. This repeated recourse to mental

disease as a refuge from a stressful situation is amply illustrated in a

series of cases reported elsewhere.

The other form in which malingering may be so intertwined with actual

mental disease as to render accurate differentiation quite impossible is

where the individual may be suffering from a psychosis at one time, and

at some later period, finding himself in a stressful situation, malinger

a psychotic state. In these cases the danger of ever committing a

habitual criminal to a hospital for the insane is especially apparent.

Finding, as these individuals do, a successful and convenient refuge in

a psychosis, it is but natural for them to again seek this refuge when

they find themselves in conflict with the law. But that which was at one

time a spontaneous, unconsciously motivated mental reaction may later

become a conscious volitional act, an only available means of

escape--malingering of mental symptoms.

J. E. M., aged twenty-seven on admission, June 15, 1912. Family

history obtained from the patient four days after admission is quite

unreliable. He knew nothing of his grandparents, who died in Ireland.

Father was living when last heard from, four or five years ago. He is

moderately alcoholic; a stableman by occupation. Mother died at

fifty-five in Bellevue Hospital, New York City, from some unknown

cause. One brother was drowned. One sister died of tubercular

adenitis. No instance of epilepsy, insanity, or nervous disorder in

any form is known to have existed among his relatives.

Patient stated that he was born in Ireland on October 12, 1884. He

never attended school, but has learned to read and write a little.

Childhood was uneventful, so far as known. He came to this country at

the age of four, and at twelve or thirteen years of age began selling

newspapers in the streets of New York. His occupational career since

then has been chiefly that of a steamboat and longshoreman laborer

along the docks of New York City. He said he enlisted in the Navy in

1907 or 1908, was not quite certain as to which year, at San

Francisco, Cal. He served on the U.S.S. _Buffalo_ as coal-passer; was

dishonorably discharged for drunkenness. He then reenlisted and served

as fireman, first class, on the _Milwaukee_ for about three and

one-half years. Says he got along well on the _Milwaukee_, until he

got into his present trouble. He was convicted of sodomy and sentenced

to prison for ten years, January 15, 1911. Patient did not see the

discrepancies in the dates as given by him, but, as stated before, the

history is quite unreliable.

A letter received from the War Department on June 28 requested

identification of J. E. M. for the purpose of detecting whether or not

he is the same man who under the name of Lee deserted from the Army,

January 14, 1909. The photograph accompanying the letter was that of

the patient.

He had measles and mumps during childhood, from which he made good

recoveries. Gonorrhoeal and syphilitic infection were denied.

(Wassermann with the blood-serum negative.) During a bar-room brawl in

Panama he was struck on the head with a table leg and rendered

unconscious for fifteen or sixteen hours. This was some time in 1908.

He thinks there was nothing more than a scalp wound, requiring no

treatment beyond a simple dressing. For about a year after, headaches

were present almost continually, occipital in location and of a

tingling sensation. There was likewise a reduction of tolerance for

alcoholics, since then two glasses of whisky being sufficient to

intoxicate him. He does not know whether there was any change in his

mental make-up or faculties following this injury, as he paid no

attention to this. He commenced to indulge in alcoholics at the age of

eighteen or nineteen. He cannot give a detailed account of the extent,

but, as a rule, he spent all his money not needed for living expenses

for whisky. He would become intoxicated every time he went ashore,

stating that there was nothing else to do and no place to which he

could go. Practice of onanism was denied. He claimed to have begun

normal sexual intercourse at about the usual age. Strenuously denied

sexual perversions, in spite of the fact that he is now serving a ten

years' sentence for sodomy. He denied the guilt of this offense;

insisted that he was never arrested before in his life, and believed

the present conviction to have been a trumped-up affair because they

must have gotten sore on him, although he cannot figure out why.

Following his conviction for the above offense he was sent to the

State Penitentiary at Concord, N.H. For a short while after he got

there he got along well; was kept continually at work in the chair

factory. He did not like this work, as he was subjected to the

inhalation of the dust and shavings, and feared he would develop

tuberculosis from this, and asked to be transferred to some other

place. This request was finally granted him, and he was put to work in

the kitchen. He states he did not get along well there; very soon got

into some sort of trouble and was put into a dark dungeon, where he

thinks he remained for about twelve months, strapped to the bed. He

never saw the daylight during this time. He does not know why these

strict measures were taken with him, but it is a fact that he was tied

down. He had no idea of the onset of the present trouble, but stated

that he complained frequently to the doctor of headaches and vomiting.

The headaches were occipital in nature and severe at times. He could

not recall his transfer to this institution nor the events which

transpired during the first two or three days after his arrival here.

The medical certificate which accompanied him here stated: "Patient

has been convicted of sodomy and is at present serving sentence for

same. First symptoms became manifest about February 6, 1912. Came

under the care of prison physician at Concord, N.H., State Prison with

severe headaches. Previous to above date it is said there were the

following records at above prison in regard to this patient: April 15,

1911, and August 10, 1911, he had convulsions. These are not described

in detail. The prison physician at the time noted that patient showed

symptoms of organic brain disease. On February 26, 1912, he became

violent, and has had to be restrained since then. For some time

previous to that he had acted peculiarly. The symptoms immediately

preceding his transfer to this institution are as follows: Has to be

restrained to prevent violence to himself and others. Frequently

suspicious when food and drink are offered him. At times noisy when he

desires food and it is not given to him at once. Probable cause

unknown. There is a vague history of head injury aboard ship in the

tropics. Homicidal tendencies were present when the disease first

became manifest."

Patient was admitted to this institution June 15, 1912, at 10.30 A.M.

On admission he was carried in by two employees. His legs were

shackled and he had wristlets on his hands. He was apparently unable

to stand unassisted, and, when support was removed, fell to the floor.

Pupils were widely dilated; internal strabismus of the right eye was

present. Facial musculature was distorted, and he mumbled to himself

in a low, indifferent tone of voice, over and over again, "Give me

something to eat. I can't do it. Give me something to eat," etc., in a

rapid monotone. He appeared to be in a deep stupor. He did not seem to

realize his whereabouts, and attention could not be gained. He was

totally inaccessible. When put to bed he became quite restless, rolled

out on the floor, and was unable to assist himself back into bed.

Musculature of legs was in a constant mild clonus, and the right foot

was kept in position of talipes equinovarus. Pins pushed deeply into

the skin all over the body caused no reaction. When food was brought

to him he leaped upon it and finished the meal with extreme rapidity,

stuffed his mouth full, never taking sufficient time for mastication

or swallowing, and food was frequently expelled forcibly, probably

from irritation of the air-passages. Questions addressed to him

remained unheeded, but he kept up a constant mumbling in a low

monotone, as described above. He was totally unable to stand on his

feet unsupported, but when lying down his legs were moved about quite

freely in an indifferent manner. When alone in the room he remained

quietly in bed, head and face covered up with a blanket, but as soon

as the room was entered he became restless, grabbing to those about

him and holding on tenaciously. During his first night in the

institution he slept well and was clean in habits. The following

morning he was still inaccessible. He ate his breakfast quite

voraciously, mumbling to himself all the time, "Give me something to

eat" or "Give me something to drink." When water was brought to him he

would endeavor to gulp the entire contents of the vessel at one

effort.

During the day of June 16, the day following his admission, he was

frequently seen sitting on the side of the bed with quite a pleasant

facial expression, rubbing his arms and legs. When his room was

entered, however, he at once began mumbling to himself similar phrases

as those given above, became quite restless, grabbing at those about

him and not paying any attention to questions put to him. The

following day, June 17, he showed marked improvement; was very much

quieter in behavior when approached; walked back and forth in his room

quite unassisted and in quite a steady manner; was seen looking out of

the window into the yard for about fifteen or twenty minutes. Upon

being approached by any one his gait seemed to become definitely less

steady, and diffused twitchings of the thigh and leg were noted. The

strabismus which was present on the day of admission had entirely

disappeared; pupils slightly dilated. In the forenoon of the 17th he

asked for his clothes and to be allowed to go out in the courtyard

for a walk. A few questions addressed to him were answered coherently

and relevantly. He said, in answer to direct questions, that his name

was J. E. M.; that he did not know his age; that he came off some

ship. Said the name of the ship was _Washington_; that he did not know

how long he was on that ship, but thought it was a good long time.

Asked where he was now, he said he was in the brig. "Where?" "Don't

know." Asked if he were crazy, he said, "No, sir." When he came here?

"A year ago." Asked what was the matter with him. "Nothing, sir. They

kept me tied up too much." Asked when his bowels moved last, he said,

"About a week ago."

On June 19 he gave a coherent and connected account of his past life.

He talked freely and cooeperated in every way with the interviewer.

Requests were obeyed promptly and intelligently. Physical examination

on that date showed him to be a well-built, well-developed white male.

Face slightly asymmetrical. Skin was soft and smooth, free from

eruption, and covered with numerous elaborate tattoo marks. Linear

depressed scar in the occipital region. Muscle tone was good. Muscular

power was good in upper extremities. On first being tested in the

lower extremities said he could not resist very much passive

movements; upon suggestion, however, the muscular power of the lower

extremities became much stronger and equal to that of the upper

extremities. Grip was strong and equal on both sides. Station and gait

were unimpaired when a steady and erect attitude and firm gait were

suggested to the patient; left alone, he was inclined to be slightly

unsteady on his feet. With eyes closed and feet together, there was

considerable swaying present; said he felt like falling over.

Voluntary movements were performed well. He described accurately a

circle, a square, and triangle in the air with either hand. Movements

were steady and accurate. Cooerdination was slightly impaired in f-f

and f-n tests; the termination of the act was accompanied by a slight

tremor. The musculature of thighs showed a more or less constant

clonic twitching. When attention was called to this he was able to

control it to a certain extent. Upon assuming a sitting posture the

twitchings ceased. He said it was due to weak ankles. There was no

tremor of protruded tongue or lips when showing teeth; fine tremor of

the extended fingers and forearm when extended; no tremor of facial

musculature. There was no paralysis, but there seemed to be a slight

weakening of the lower extremities. No atrophies or hypertrophies

noted. The triceps and radial reflexes were definitely exaggerated.

Upon tapping, the quadriceps tendon caused a brisk marked contraction

of thigh muscles, followed by mild clonus. Tapping of one knee tended

to set musculature of opposite knee in mild clonus of short duration.

Knee kicks were definitely exaggerated. Tendo Achillis exaggerated. No

ankle clonus. Muscular irritability to mechanical stimulation

increased. Superficial reflexes were normal, except plantar defense

reaction was slight. Cutaneous sensibility was unimpaired: heat and

cold readily distinguished. Light touches of pin pricks were felt and

localized all over the body. Sense of position normal. No

astereognosis in either hand. No excessive sweating. Eyes clear;

irides brown; pupils round and regular, moderately dilated, reacted

readily to all tests; eye movements well performed in all directions;

no nystagmus nor strabismus. Vision--20/30 in each eye, improved by

glasses. Skin of vitreous clear; slight weakness of external recti;

cornea clear; field of vision normal for white; both fundi normal

except for slight hyperaemia. Smell, taste, audition, and speech

unimpaired.

Mentally the patient was clear. He comprehended readily what was said

to him, and his replies were prompt and relevant. He was disoriented

for time. He stated that he knew the nature of this place; that he was

told it the day before by a patient. Claimed to have total or almost

total amnesia for several months past during the year he was confined

in the dungeon of the Concord Penitentiary. He had no idea of the trip

from there down to this hospital. He did not remember his arrival, nor

how he acted the first two days here. Stated that on June 17 he first

began to notice things about him and to realize faintly where he was.

Delusions or hallucinations could not be elicited as having existed at

that time. He spoke of having been bothered at the penitentiary; of

having been chloroformed; that they put stuff in his food, tried hard

to get him out of the way, and because they could not do it sent him

down here. Said the doctor poured ether down his neck. He does not

know the doctor's name, but he knew it was ether, he smelt it, and

that is the reason he could not use his legs on arrival. He had no

idea why he should have been treated thus, but thought perhaps they

had it in for him. Auditory hallucinations could not be elicited. When

asked if he ever saw anything, he said it was pitch dark in the

dungeon and no one could see anything. Said the food tasted bad all

the time, and sometimes made him vomit. On one occasion he noticed

some powder in the beans. No electricity, no shocks, no outside

influence was used on him. He did not know how long he was tied down

in the dungeon, as half the time he did not know anything at all. Said

they put needles in him, and pointed to some marks on his arm as a

result of hypodermics. Facial expression denoted perfect satisfaction;

said he felt fine and did not worry about anything, as he is not of

the worrying kind. Said he had been treated well here. Insight was

imperfect. When asked directly if he had been insane, he replied

"No." When the various symptoms which he manifested on admission were

described to him he was inclined to agree that if he did show these

symptoms he must have been out of his head. Remote memory was not

impaired, so far as could be determined. There was an ill-defined

amnesia extending over several months past, and up to June 17, when he

claimed to have first realized his whereabouts. Attention was

unimpaired. He reacted well to the intellectual tests, with the

exception of the arithmetical problems, which he did poorly. Replies

to ethical questions showed a rather low grade of morality, perhaps

due somewhat to ignorance more than to anything else. In his conduct

on the ward he was absolutely normal following June 17. He spent his

time reading and in conversation with the other patients. He was

perfectly satisfied in his surroundings, frank in his conversation

with those about him, and gradually gained more and more insight into

his condition. He still persisted, however, in his statements that

ether was poured down his back. Said he remembered this distinctly as

having taken place while confined in the dungeon. He was then,

however, inclined to think that probably they did not have it in for

him, and probably they did what they thought was best. In conversation

with him today, on June 19, four days after admission, he showed

perfectly normal behavior in every respect. Was frank in his

statements, spoke of the amnesia mentioned above, and no delusions or

hallucinatory experiences or physical symptoms present on admission

could be detected.

When finally confronted with the picture sent from the War Department

for his identification he showed some degree of emotional reaction,

stated that the picture was his, but persistently denied ever having

been a recruit in the army. On the whole, he took the matter rather

lightly and good-naturedly.

The history of this attack illustrates a typical case of hysterical

psychosis. The marked stupor and confusion, the numerous and varied

neurological symptoms, the sensory disturbances, especially the profound

anaesthesia to pin pricks, the amnesia and rapid recovery after change of

environment, all point to this diagnosis. It is a form of reaction

frequently seen in prisoners, and has been designated, for want of a

better term, as prison psychosis. At any rate, there can be no doubt as

to the genuineness of the symptoms presented by the patient.

If we keep in mind that such a type of psychotic reaction is the result

of the mutual interaction between an unstable, highly vulnerable psyche

and an unfavorable environmental situation--in this instance prison

environment--we understand the more readily the later history of this

case.

On July 16, 1912, he was discharged recovered and turned over to the

naval authorities to be returned to prison. Soon after his return to

prison he was noted to be melancholy, uncommunicative, was not

interested in condition of self or surroundings, had unsystematized

delusions of persecution. Physically he was noted to be anaemic, showed

general tremors when undergoing examination, reflexes were exaggerated,

positive Romberg was present. The physician who accompanied patient to

the Government Hospital for the Insane on his second admission stated

that on the trip from Portsmouth Prison M. tried to assault a waiter in

a restaurant in Boston, accusing the latter of following him. To the

physician he said, while on the train, "Take your d---- eyes off me, or

I'll brain you."

He was readmitted to the Government Hospital for the Insane on

February 6, 1913. Physical examination on this admission was negative,

except for some impairment of vision, for which he was given

eye-glasses. Mentally he was found to be disoriented for time, though

perfectly clear mentally, as was shown later in the examination; he said

he did not know the name of the institution, though a minute later he

gave correctly the name of the building in which he was located. He

spoke in a very vindictive manner of the naval officials, who he said

were persecuting him in various ways, and who he reckoned were then

working to send him to some other d---- prison. On February 7, the day

after admission, he wrote the following letter to the Secretary of the

Navy:

HOWARD HALL, January 29, 1913.

MR. SECRETARY OF THE NAVY: _Rev. Sir_.--Will you kindly have some

investigating, as I cannot have my life endangered. It is continually

in my food, and times I have found the compounded powders in the air

of my room choking me. Please let me know if you will do so, and I

shall close.

Respectfully yours,

J. E. M., H. H. 5, Station L.

No hallucinations could be elicited, and his delusional ideas were

confined to the naval officials. These, he said, were persecuting him;

they sentenced him unjustly in the first place, and threatened to get

even with them. He answered the intelligence tests fairly well, but the

examining physician noted that frequently he gave expression of

consciously giving erroneous replies to questions put to him.

Emotionally he was at first somewhat depressed, but later this

disappeared. In his conduct he was inclined to be very troublesome,

easily irritated, and fault-finding.

This disorder of conduct, however, became consistently more aggravated

whenever he was in the presence of the physician. While he gradually

became quite friendly with the attendants and willingly assisted with

the ward work, he became quite abusive whenever an attempt was made to

examine him by the physician. This became especially evident in

December, 1913, when the physician who had him in charge during his

first sojourn at the hospital again assumed charge of him. At that time

the patient had been on excellent behavior for a number of months, and

in his daily conduct showed no evidence of a psychosis. He continued,

however, to air his delusional ideas whenever the physician attempted to

examine him.

Everything went well upon the return of his former physician until

December 22, 1913, when the latter attempted to examine him. The patient

became very abusive and threatening in his attitude, began to air all

sorts of bizarre persecutory ideas, and for about a month he continued

in an excited and destructive state. At the expiration of this period he

apologized to the physician for his conduct, said that he could not help

going on a rampage once in a while, as it is all due to his mean

disposition, and promised to conduct himself in an excellent manner if

he were not returned to prison. This was early in January, 1914, since

which time he has been a model patient in every respect. It is needless

to say that he has not been given, since that time, any occasion for the

development of another tantrum, and accordingly he remained free from

psychotic manifestations.

He was a model patient after this, assisted willingly with the ward

work, and on one occasion prevented the successful culmination of a

daring plot on the part of several patients to escape from the

institution.

Upon the recommendation of the hospital authorities and Dr. Sheehan, the

naval officer stationed at this hospital, the remainder of this man's

sentence was commuted, and he was accordingly discharged on June 29,

1914. For about six months prior to this his conduct was exemplary, and,

though through a considerable part of this period he enjoyed freedom of

the grounds, he never showed the slightest inclination to abuse these

privileges.

The salutary effect of the commutation of this man's sentence is quite

obvious. On the other hand, I am equally certain that had this

particular individual been returned to prison we would have had him

again before long as a very seriously ill patient.

This case is extremely interesting from many points of view. In the

first place, it gives us some insight into that highly inflammable,

hair-trigger, emotional type of individual who, when thrown into a

stressful situation, is very likely to go to pieces mentally. It is a

type which is always very difficult to manage under a prison regime, and

which in my estimation requires some intermediary place between a

hospital for the insane and a penal institution. It is likewise quite

irrational in our judicial disposition of these cases to impose a

definite sentence. If our prisons are to function as reformatory

institutions, it is quite clear that in this particular case no one can

possibly foretell how long a period it would take to bring about a

reformation. It is as if a man suffering from pulmonary tuberculosis

were told that he must go to a place set aside for such as he and stay

there, say, five years, irrespective of whether he is well at the end of

that time, or whether he might have recovered long before the expiration

of that period.

In this particular instance we were led to recommend a commutation of

the unexpired term of the sentence by the following considerations:

First of all, I cannot consider sodomy a crime punishable by

imprisonment, unless the act was performed on a subject who either is

incapable of giving his consent or becomes a party to the act against

his will, by force. Anomalies of the sexual function are not crimes, but

diseases, and as such should come under the purview of the physician,

and not the agents of the law. In the second place, this man served in

the navy with an excellent record for about two years, and, so far as we

know, is not inclined to habitual criminality, and therefore deserved at

least another chance. But these considerations are somewhat beside the

issue under discussion. The case, to my mind, illustrates very well how

closely malingering of mental symptoms is related to actual mental

disease, how both manifestations are expressions of the same underlying

diseased soil, and how difficult, nay even impossible, it is to tell in

a given case which of the symptoms are real and which shammed. On his

first admission this man suffered from a grave mental disorder, from

which, so far as anybody could determine, he made a complete recovery.

Thrown back into the same stressful situation, he again finds himself

unable to cope with it, becomes melancholy, suspicious, and mildly

delusional. There is, however, considerable doubt in my mind as to the

genuineness of these symptoms; unquestionably genuine is only the

psychopathic make-up of this individual, which under stress permitted

the development in one instance of a grave psychosis, in another of

malingering.

Cases like the foregoing are by no means exceptions in criminal

departments of hospitals for the insane. It is on account of this type

of prison population that penal institutions furnish us with ten times

as many insane as free communities.

Whatever convictions I possess concerning the subject of malingering

were gained from a fairly extensive experience with insane delinquents

at the Government Hospital for the Insane, and when I assert that I have

yet to see a malingerer who, aside from being a malingerer, was likewise

normal mentally, I do so with the full consciousness that my experience

has been a more or less one-sided one. I mean to say that the material

observed by me came to my notice within the confines of a hospital for

the insane, and that my failure, therefore, to see the so-called pure

malingerer is probably due to this circumstance. I shall not argue this

point further, but merely state that it is true I have not had

experience with the detected and convicted malingerer in the jail and

court-room. I have had ample opportunity to study this same genus later

as a patient in the hospital.

It would be an extremely interesting study to follow up the later

careers of the so-called detected malingerers who are sent to prison and

see how many of them later find their way to hospitals for the insane. A

setting forth of these figures--and I doubt not for one second that the

number is not at all inconsiderable--would not in the least have to be

construed as a criticism of the diagnostic acumen of the original

investigator. It would simply substantiate the truth of our contention

that in the malingerer we see a type of individual who is far from

normal, and in whom malingering as well as frank mental disease is not

at all a rare phenomenon.

I have no doubt whatever that a considerable number of suspected

malingerers are annually sent to penal institutions, there to be later

recognized in their true light and transferred to hospitals for the

insane; else it would be difficult to account for the fact that mental

disease, according to many authors, is at least ten times as frequent

among prisoners as it is among a free population. Certainly this cannot

be attributed to environment alone, especially not to that of our

modern, well-conducted prisons. The reason lies chiefly in the type of

individual who populates our prisons. A number of them are either insane

when sent to prison or potentially so, and when thrown into a more or

less difficult situation, such as imprisonment, readily develop a mental

disorder. We see this illustrated very well in the highly beneficial

effect which transfer to a hospital for the insane has upon these

individuals. I am convinced that one would not be wrong in agreeing with

the opinions quoted below, that malingering, as such, is a morbid

phenomenon and always the expression of an individual inferior mentally.

It may be looked upon as a psychogenetic disorder, the mere possibility

of the development of which is, according to Birnbaum[11] and others, an

indication of a degenerative make-up, a defective mental organization.

Siemens[12] says: "The demonstration of the existence of simulation is

not at all proof that disease is simulated; it does not exclude the

existence of mental disease." Pelman holds simulation in the mentally

normal to be extremely rare, and he always finds himself at a loss to

differentiate between that which is simulated and that which represents

the actual traits of the individual. Melbruch[13] holds that simulation

is observed solely in individuals more or less decidedly abnormal

mentally, because in the great majority of cases, if there does not

actually exist a frank mental disorder, these individuals lack in a

marked degree psychic balance and are constantly on the verge of a

psychosis. Penta, in a most thorough study of the subject of

malingering, likewise comes to the conclusion that it is always a morbid

phenomenon. It is a tool almost always resorted to by the weak and

incompetent whenever confronted with an especially difficult or

stressful situation. It is, therefore, almost exclusively seen in

hysterics, neurotics and other types of psychopaths, in the frankly

insane, and in grave delinquents.

With these remarks concerning malingering in the supposedly mentally

normal, we may turn to a discussion of that large group of borderland

cases which furnishes, outside of the frankly insane, the great majority

of malingerers. I am tempted here to borrow Bornstein's classic

description of the type of personality to which I am referring.

According to him, these individuals come into the world with the stamp

of a hereditary taint, with certain somatic anomalies (ears, palate,

formation of skull, growth of hair, etc.), and already as children show

those psychic characteristics which are decisive for their

individuality. They are, above all, characterized by a marked

hypersensitiveness and by a lack of harmonious relationship between the

various psychic functions. This disharmony finds its expression chiefly

in the predominance of the emotional element over the intellectual and

in the entire subordination of the latter to the former. Their feelings,

furthermore, express themselves in an abnormal manner, both as regards

their intensity and duration. The emotional reaction is either

excessively strong or, on the other hand, disproportionately weak

compared with the stimulus, and in spite of the extravagance of the

expression it quickly passes over or remains with an excessive obduracy

for a disproportionately long time. Notwithstanding the apparent

intensity of the outbreak in the former and its tediousness in the

latter case, these emotional upsets almost always lack real depth. They

are usually very superficial, insufficiently grounded, rather dependent

upon accident; transitions from one extreme to the other make up the

daily experiences of these individuals--from intense love to burning

hatred, from deepest reverence to an irreconcilable disgust, from

unshakable loyalty to brutal treachery. They lack energy and initiative,

are undecided, vacillating, and inclined to self-reproach. The

domination of the emotional sphere and the frequent incongruity and

discord between the various forms of emotional expression frequently

lead to the development of morbid doubts, morbid fears, a morbidly

exaggerated egotism, and sensitiveness which leads them to scent

everywhere personal injury and insult. Finally, they frequently show an

overdevelopment of the sexual instincts and various deviations from

normal sexual development. Many of them seem to lack totally in the

power of reason, but act entirely upon impulse, upon the mere feeling

that this or that proposition is true. Many others show a pronounced

tendency to a metaphysic brooding and day-dreaming and to the

transformation into fact of the dreamed air castles, without any regard

to the iron logic of life which they cannot satisfy, with which they

either will not or do not know how to reckon. Turning their backs upon

the demands of life, centered in self, given up to the kaleidoscopic

play of their emotions, which are of short duration, imperfect as to

depth, varying in intensity, and depending upon any and every external

influence, these individuals are very uncertain in their opinions,

judgments, and motives for action. They go through life without any

direction, without any guiding idea, without initiative, and without

will, incapable of any kind of systematic labor, yet at times ready,

under the influence of a temporary affect, to sacrifice everything in

order to carry out what later on proves worthless and vain. Lacking in

sure criteria and guides, they are slavishly dependent upon momentary

external influences, and under unfavorable conditions of life suffer

want and misery and give way to temptation, frequently falling into a

life of vagabondage, drunkenness, and crime. In prison they often

develop mental disorders, are looked upon as malingerers, and oscillate

between prison and the insane asylum, only to begin the old game over

again so soon as they again come in contact with life.

It is little wonder, then, that the psychiatrist in dealing with these

unfortunates frequently finds himself at a loss to tell where health

leaves off and disease begins. The psychoses which these individuals

develop are in the great majority of instances purely psychogenetic in

character, one of the many distinguishing features of which is a marked

susceptibility of the symptoms to be influenced by external occurrences.

This tendency of the symptoms to shape themselves in accordance with

occurrences in the immediate environment frequently leads to the

suspicion of malingering, because there seems to be altogether too much

discretion displayed by these alleged insane.

I have elsewhere[14] reported a series of these cases and entered into a

detailed discussion both of the personality and the nature of the

psychoses from which these individuals suffered. Most of my cases had

been both in prison and in hospitals for the insane on more than one

occasion, every arrest and imprisonment having been apparently

sufficient to bring out a fresh attack of mental disease.

The following case is fairly illustrative of this type:--

J. H., white male, age twenty-seven on admission, November 13, 1913.

While serving a year's sentence at the Portsmouth Naval Prison for

fraudulent enlistment the patient told the authorities there that on

August 7, 1909, he had murdered a girl in Rochester, N.Y. He described

the murder in great detail, stated that he met the girl in one of the

Rochester cemeteries, attempted a sexual assault upon her, and when

she resisted he choked her to death. He stated that he did not mean to

kill his victim, but that he had inflicted the fatal injury before he

was aware of it. It was remorse, he said, and the desire to expiate

his crime which prompted his confession. He persisted in this

confession until the naval authorities were persuaded to discharge him

and turn him over to the civil authorities of Rochester, N.Y. Upon

arriving there an alibi was easily established, freeing the patient of

all suspicion of the murder, whereupon it took a good deal of

investigation on the part of the authorities to establish the

patient's real legal status. It was finally decided that he belonged

to the naval authorities, and he was accordingly returned to prison

and was given an additional sentence of a year for this fraud, which

he began to serve on December 13, 1909. While awaiting this new

sentence he assaulted a master-at-arms, who he claimed abused him, and

for this offense he received an additional five years' sentence. He

served this sentence until his first admission to this hospital on

July 16, 1913, on the following medical certificate: First symptoms

became manifest in 1910. The patient manifested fixed delusions of

having murdered a girl on August 7, 1909. Present symptoms: Fixed

delusions of a self-accusatory nature, delusions of persecution;

accused a medical officer whom he had never seen before as being among

those who were hounding him. Becomes excited, violent, profane,

incoherent and obscene in speech, and attempted to assault the

officer. He attempted suicide on February 15, 1910, while at Concord,

N.H., State Prison.

During the patient's first sojourn at this hospital he conducted

himself in an orderly manner, and, aside from the expression of mild

persecutory ideas with reference to the prison personnel, he was free

from psychotic manifestations. On only one occasion was he involved in

some trouble while here, which was entirely his own fault. He was

discharged on September 23, 1913, diagnosis "Not insane, psychopathic

constitution," and returned to the U.S.S. _Southery_ Prison Ship. Upon

his return there it was noted that he was suffering from a double

benign, tertiary, malarial infection, which it was maintained he had

contracted in this hospital.

He was readmitted here on March 15, 1914, on a medical certificate

which stated that the patient said he snuffed cocaine prior to

admission to the navy; that the murder he believes he committed was

due, according to his statement, to the refusal of the victim to

permit sexual intercourse. The patient has at present the same fixed

delusion of having committed this murder in 1909. He wants to expiate

his crime to escape those who are continually hounding him. When

irritated he flies into a rage, cries, tries to do himself injury, and

talks incoherently. For no cause, while working in the yard, he struck

a fellow prisoner and pursued him with a shovel. During maniacal

attacks he can be restrained only with much difficulty, smashes

furniture in his cell, and is slovenly in habits. Complains constantly

of numbness and needle-like pains in vertex. As a probable cause,

prison routine was given. It will thus be seen that the same fraud

about the murder, which served at one time to bring him an additional

sentence of a year, was considered at another time one of the symptoms

which justified his return to this hospital. The patient's version of

the reason for his return is as follows: Soon after his transfer to

Portsmouth the guards began to annoy him, calling him crazy guy, hard

guy, etc. He also got into trouble with the sergeant because the

latter cursed him, began to express the same ideas about the murder,

and thought this was the reason they sent him back.

The mental examination and physicians' notes made during his second

admission showed no gross psychotic symptoms. The patient still

maintained that he actually committed this crime in Rochester, and

related it in great detail. He stated that when he was confined in

Portsmouth Prison he became remorseful over this crime and decided to

confess. His conduct during his second sojourn here was exemplary. He

appeared at conference on April 20, 1914, and a diagnosis of

psychopathic character was made. The opinion was expressed that it was

extremely difficult to pick out the truth from the abnormal elements

in the patient's story, and that there were a great many things in the

general emotional reaction of the patient that fitted into the story.

It was believed that the patient had a sort of determination to get

into difficulties for the sake of posing as a martyr and all that fits

in with the grandiose element of his character. Being oppressed, he is

taking it in a way that is very satisfying to his feelings of

importance. Later during his sojourn here the patient became rather

anxious to be returned to the penitentiary, stating that he had given

up all the ideas which he had expressed on admission, and assured the

physician that he was malingering on both occasions of his transfer to

the hospital. He stated that his chief anxiety which led him to

malinger was that he might be given additional sentences for his

inability to get along in the penitentiary, and he thought the only

way to avoid this would be to be pronounced insane. Patient was

discharged from here to be returned to the penitentiary on July 9,

1914.

The patient was readmitted to this hospital on November 13, 1914, on a

medical certificate which states: Diagnosis--Constitutional

psychopathic state, not in line of duty, existed prior to enlistment.

He was in the Government Hospital for the Insane in Washington for

about four months this year. His condition is not improving. A sudden

outburst occurred two days ago and he has been under close confinement

since. He struck a recruit and after confinement in a cell destroyed a

chair and had to be restrained. His retention in the prison in these

barracks is not deemed desirable.

Nothing essentially new has developed in the case during this

admission. The patient has from the first been quiet, well behaved, a

willing worker in our industrial department, and free from signs of

mental disorder. Of course, he again blamed the guards at the prison

for the trouble which he became involved in and which necessitated his

third admission to this hospital. A letter received from the naval

medical officer stationed at the marine barracks, Norfolk, Va., the

place of the patient's last confinement, was to the effect that while

under observation there the patient made the impression of being a

good worker, and normal in every way, except that he had a quick

temper, and that the only difficulty they had noted was on the

occasion when he assaulted the man at the prison, who appeared against

him at the mast, and that after this scene he was put in the brig,

where he threatened to kill any ---- ---- man who came near him. The

medical officer was impressed with the fact that the patient was

feigning insanity.

The patient's version of the circumstances which led to this last

admission is as follows: He was reported to the commanding officer by

a guard for some alleged minor infraction of discipline, of which he

claims not to have been guilty. After the guard was through making

his report the patient asked the commanding officer whether this

alleged offense would prevent his release in July of this year, as he

had been promised if he conducted himself well. The officer replied

that it certainly would, upon hearing which he could not restrain

himself, became quite overwhelmed with anger, and struck the guard who

reported him. His behavior which necessitated his readmission took

place following this episode. The patient dwells upon the fact that

prior to this episode he behaved in an excellent manner under the

prison regime for about four months, and that during his sojourn there

he was practically a model prisoner, which was true.

He certainly has manifested no signs of mental disorder during his

present admission, and still insists that he malingered all of the

symptoms which led to his former two admissions because he feared more

punishment at the hands of the naval authorities unless he was

considered insane.

_Anamnesis._--The patient comes from a family of farmers in mediocre

circumstances. Grandparents are in Bohemia, and he knows nothing

concerning them. Father died of Bright's disease; was alcoholic.

Otherwise family history negative.

Patient is uncertain about the time and place of birth, but believes

he is about thirty years of age at present. He entered school at seven

or eight, but proved to be a confirmed truant, and his father finally

had to take him out of school entirely. He was in the habit of running

away from home and school, to wander about the country, where he would

stop at different farm houses, claiming he was an orphan and without a

home, until his father would discover him and bring him back home.

After giving up school definitely he worked as a farm hand, earning

the ordinary wages paid for this labor. He changed places frequently,

was a spendthrift, and assisted his parents financially very little.

This mode of existence he led until 1904, when he forged his father's

name to a $25 check and received a five-year term of imprisonment,

part of which he spent in the Minnesota State Reformatory and part at

the State Penitentiary. In the fall of 1907 he was paroled, but broke

his parole by enlisting in the army, under the name of Kimlicka, at

Fort Snelling, Minn. About a month later the fraud was discovered

through his father. He was given a dishonorable discharge and sent

back to the penitentiary, where he remained about six months. At the

end of this time (December, 1907) he was granted another parole, and

went to work for a man named George Hall, on a farm in Minnesota. He

was there nearly two months, when he cut his foot while chopping wood.

He says that after this accident he was not able to do much work, and

his employer did not seem to like to have him hanging around, so he

went back to prison, which he says paroled prisoners were supposed to

do when they lost their jobs. As his time was up in two months, the

prison authorities made no effort to get him a new job, but kept him

there until his sentence expired. He left the penitentiary in March,

1908, and went home for a couple of weeks. He then went to Minneapolis

and enlisted in the navy under the name of James Hall, but did not

tell the recruiting officer about his prison or army experiences.

About four months after he enlisted he was caught with another sailor

in civilian's clothes in Newport, R.I. This was against the navy

regulations. Patient says he did this because they did not allow him

in dance halls, theaters, etc., in sailor's clothes. He used to keep

his civilian's clothes in the Y. M. C. A. building in town, and would

change there. He received a dishonorable discharge for this escapade.

He says he had one court-martial before that, in July, 1908. He then

went to Providence, R.I., and enlisted in the army under the name of

Herman Hanson. In Fort Andrews, Boston Harbor, patient was caught in

civilian's clothes again, and got into a brawl with a sergeant.

Patient says the sergeant was drunk and provoked the quarrel. As a

result the patient was put in the guard-house, receiving a sentence of

six months and dishonorable discharge. Two months of this sentence he

served at Fort Andrews, and the rest at Governor's Island. After being

discharged, he hung around New York City for a week, and then went to

Rochester, N.Y. This was in May, 1909. Here he worked on a farm for

Mrs. McCale, and the following month, June, 1909, he enlisted in the

Marine Corps under the name of Vilt. He was sent to the Brooklyn Navy

Yard, but after a week's sojourn there he got into trouble on account

of not having his rifle cleaned. He feared that he would be reported

for this and his previous frauds might be discovered, and he decided

to desert. He returned to Rochester, worked for Frank Little and Roy

Fritz. Soon after he enlisted in the army, this time under the name of

James Hall, but was rejected on account of some nasal defect. This was

at Columbus Barracks. After being rejected in the army he enlisted in

the navy and was sent to Norfolk, Va. He was here likewise rejected on

account of this defect, and while awaiting his discharge papers it was

discovered that he had fraudulently enlisted. He was court-martialed

and given a year. This was on November 20, 1909. His career following

this has already been outlined.

If one takes into consideration the entire life history of this

individual he will have little cause for surprise at the resort to

malingering by this man when he found himself under an especially

stressful situation. That he malingered every frank psychotic symptom

which he manifested is beyond doubt a fact, even though he would not

have admitted so much himself. But one would commit a serious error if

on this account he would consider the man normal mentally. From

childhood on this man has manifested traits of character which are

absolutely psychopathic in nature. Among these may be especially

emphasized the confirmed truancy and running away from home, the

aimless, constantly-changing industrial career, the inability to pursue

any line of endeavor towards a definite goal, the early criminalistic

tendencies, the repeated commission of military offenses in spite of the

frequent punishments, and, lastly, his total inability to adjust himself

to the prison regime, resulting in serious mental upsets which

necessitated his admission to a hospital for the insane on three

different occasions. It is perfectly natural that he should resort to

malingering of mental disease in his last attempt at evading a stressful

situation. Malingering is frequently the only means of escape for such

as he, unable as they are to meet life's problems squarely in the face.

It is of no particular value to add more cases illustrative of the type

of mental make-up which leads to malingering, especially since there

exists a more or less complete unanimity of opinion on the subject among

present-day psychiatrists.

CONCLUSIONS

The conclusions which may safely be drawn from the study of malingering

as it is manifested in criminal departments of hospitals for the insane

are as follows:--

1. The detection of malingering in a given case by no means excludes the

presence of actual mental disease. The two phenomena are not only not

mutually exclusive, but are frequently concomitant manifestations in the

same individual.

2. Malingering is a form of mental reaction manifested for the purpose

of evading a particularly stressful situation in life, and is resorted

to chiefly, if not exclusively, by the mentally abnormal, such as

psychopaths, hysterics, and the frankly insane.

3. Malingering and allied traits, viz., lying and deceit, are not always

consciously motivated modes of behavior, but are not infrequently

determined by motives operative in the subconscious mental life, and

accordingly affect to a marked extent the individual's responsibility

for such behavior.

4. The differentiation of the malingered symptoms from the genuine ones

is, as a rule, extremely difficult, and great caution is to be exercised

in pronouncing a given individual a malingerer.

REFERENCES

[1] BRILL, A. A.: "Artificial Dreams and Lying," _Journal of Abnormal

Psychology_, vol. ix, No. 5.

[2] DELBRUeCK, ANTON: "Die Pathologische Luege," Enke, Stuttgart, 1891.

[3] FERRARI, L.: "Minorenni Delinquenti," Milano, 1895.

[4] PENTA, PASQUALE: "La Simulazione della Pazzia," Napoli, Francesco

Perrella, 1905.

[5] WILMANNS: "Ueber Gefangnispsychosen," Halle, S. 1908.

[6] BONHOEFFER: "Degenerationspsychosen," Halle, S. 1907.

[7] KNECHT: Quoted by Penta.

[8] VINGTRINIER: "Des Alienes dans les Prisons," _Annales d'hygiene et

de med.-legale_, 1852-53.

[9] JONES: Introduction to "Papers on Psycho-analysis."

[10] PELMAN: "Beitrag zur Lehre von der Simulation," Irrefreund, 1874,

and _Arch. de Neurolog._, 1890.

[11] BIRNBAUM, K.: "Zur Frage der psychogenen Krankheitsformen,"

_Zeitsch. f. d. ges. Neur. u. Psych._, 1910.

[12] SIEMENS: "Zur Frage der Simulation von Seelenstoerung," _Arch.

f. Psych. und Nerv._, xiv, 1883.

[13] MELBRUCH: Quoted by Penta.

[14] GLUECK, BERNARD: "Catamnestic Study of Juvenile Offender," _Journal

of Am. Inst. Crim. Law and Crimin._, viii, No. 2.

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