An answer to this question was sought in the following cases:
First. An inebriate shot and killed his partner while under the influence of spirits. At the station house, soon after, he made a confession, which reflected very severely on him. On the trial the statement of the crime was not sustained, but contradicted in many ways.
Second. A man was found drowned, and a drinking friend confessed to have pushed him into the water while in a state of intoxication. This confession was clear in its details, and he seemed very earnest and contrite. It was accepted as true, and he was sentenced to prison for life. Subsequently it was found that the drowning was accidental, and the confessed murderer was miles away sleeping at this time, suffering from alcoholic stupor. A few hours later he came to the scene of the drowning, and at once came to the conclusion that he had committed the crime.
A third case was that of a man who, after drinking all the evening in a saloon, saw on his way home after midnight a deadly encounter with a burglar in the hall of a house he was passing. He was taken to the station house and, after a series of questioning, identified the burglar, and swore to many details of the crime. This was found to be untrue, although he adhered very closely to the details and urged their truthfulness. In reality he had been told what he saw by the officer, whose suggestive questions made up the entire statement.
The medical questions in these cases were answered from the assumption that the use of alcohol, unless to stupor, does not impair the senses and reason on matters that concern the personal acts and conduct. It was assumed that any statements or confessions of crime that did not peril the freedom and safety of the man could have no other motive except that of the promptings of a wounded consciousness to repair the injury. It was assumed that no man under the influence of spirits, not stupidly intoxicated, would ever confess to acts not committed, or ever delude himself with such impressions, especially as at this time the brain was in a state of increased activity. All these assumptions were wrong, and contradicted by the facts. The man under the influence of spirits is always semiparalyzed; his brain is in a confused state, and never guided or controlled by natural, healthy motives; his senses and judgment are weakened, and the repetition of any statement which may impress him may soon seem a reality which he is never able to correct. His mind is open to all sorts of morbid impressions which quickly appear like realities.
In the lower courts these special phases of brain palsies are seen in the confessions and sworn statements of acts and events observed that are often found to be absolutely false. The conclu-
