disease he died. The dispositions of the will were reasonable; but since it was undoubtedly made during the insanity of the testator, it could not be deemed valid on the principles of the common law. When we consider, however, that it was a rational act, and that the testator suffered it to remain unaltered during the three years that he was free from disease, we are bound to believe that it expressed his true, deliberate intentions; and being such, we ought to be cautious how we adopt a principle that would have defeated them.

§ 399. Generally, then, if the unreasonableness of the will itself raises a suspicion of the testator's sanity, the act of suicide within a short time will always be strongly confirmatory of it, and, in connection with attending circumstances, may, in some instances, turn suspicion into conviction. There will be little danger of going wrong in any cases of this kind, if we are willing to be governed in our decisions by the principles of equity and common sense, rather than by technical distinctions and antiquated maxims. If the will be a rational act rationally done, a suicidal act or attempt ought not to invalidate it, because the presumption is, either, that the will was made before the mind became impaired, or that the derangement was of a kind that did not prevent the judgment from using its ordinary discretion in the final disposition of property. If, on the contrary, it be an unreason. able act, and especially if it be contrary to the previously expressed intentions of the testator, then the act of suicide will be in itself strong proof, that the mind was impaired at the time of making the will.

§ 400. It sometimes happens that two persons desirous of dying, agree to kill each other, while the plan succeeds but in part, and one survives. In this case, how is the survivor to be treated? We do not know that any trial for this offence has ever taken place in this country or England, but in all probability it would be viewed by the light of the common law, as nothing short of manslaughter. In the milder spirit of German jurisprudence, Professor Mittermaier thinks that the

1 Georget, Des Maladies Mentales, 114.

survivor would not be a fit object of punishment; but whether, because he considers his responsibility as annulled, or that the act is not criminal, he does not state.1 However, it cannot be denied that an agreement to commit mutual homicide, ought to be regarded as but questionable evidence of insanity, and therefore should receive no favor on that ground alone.

1 De principio imputationis alienationum mentis in jure criminali recte constituendo. p. 26. Heidl. 1838.

CHAPTER XX.

SOMNAMBULISM.

§ 401. WHETHER this condition is really any thing more than a coöperation of the voluntary muscles with the thoughts which occupy the mind during sleep, is a point very far from being settled among physiologists. While to some, the exercise of the natural faculties alone seems to be sufficient to explain its phenomena, others have deemed it necessary to suppose, that some new and extraordinary powers of sensation are concerned in its production, though unable to convey a very clear idea of their nature or mode of operation. Without discussing this question here, our purpose will be answered, by inquiring how far the natural faculties are exercised during its continuance, and thus ascertaining, as well as may be, in what respect it differs from the sleeping and the waking states.

§ 402. Not only is the power of locomotion enjoyed, as the etymology of the term signifies, but the voluntary muscles are capable of executing motions of the most delicate kind. Thus, the somnambulist will walk securely on the edge of a precipice, saddle his horse and ride off at a gallop, walk on stilts over a swollen torrent, practise airs on a musical instrument; in short, he may read, write, run, leap, climb, and swim, as well as, and sometimes even better, than when fully awake.

§ 403. The extent, to which vision is exercised, differs in different cases. In one class of cases, it is very certain that the somnambulist does not use his eyes in the various operations which he performs. Negretti, an Italian servant, whose celebrated history is related by two different physicians, would rise in his sleep, go into the dining-room, spread a

table for dinner, and place himself behind a chair with a plate in his hand, as if waiting on his master. When in a place with which he was not perfectly acquainted, he was embarrassed in his proceedings, and felt about him with his hands; and sometimes he struck himself against the wall, and was severely injured. He sometimes carried about with him a candle as if to give him light, but when it was taken away and a bottle put in its place, he failed to perceive the difference.1 Galen says of himself, that he once walked about a whole night in his sleep, till awakened by stumbling against a stone which laid in his way. Here, it appears that the long continued habit of performing certain operations enabled the individual, with the aid of feeling alone, to repeat them in his sleep.

§ 404. At other times, objects are clearly discerned, but the imagination transforms them into those with which the mind happens, at the moment, to be engaged. Thus, a somnambulist described by Hoffman, who dreamed he was about going on a journey, strided across the sill of an open window, kicking with his heels, and exerting his voice, as if he supposed himself riding on his horse.

§ 405. In other instances again, things are done, in which vision, or an analogous power, is unquestionably exercised. Castelli, whose case which is one of the most remarkable, is related by Francesco Soave,2 was, one night, found translating Italian into French, and observed to look for the words in a dictionary. His light having gone out, he found himself in the dark, groped about for a candle, and went into the kitchen to light it. He would also get up, and go into his master's shop, and weigh out medicines for supposed customers. When some one had altered the marks which he had placed in a book he was reading, he noticed the change and was puzzled, saying, "Bel piacere di sempre togliermi i segni." Another somnambulist, a priest, whose case was published in the French Encyclopedie, would arise from his bed

and compose sermons, reading over every page when finished, and erasing and correcting with the utmost accuracy. On one occasion, after writing "ce divine enfant," he erased the word "divine," and wrote "adorable" over it. Perceiving that ce could not stand before the last word, he altered it to cet, by inserting after it a t. He would also write music with the greatest accuracy.

§ 406. In another class of cases, there seems to be no reasonable ground for doubting, that the power of vision is manifested to an almost incredible extent. Jane Rider, whose curious history was published a few years since, was able, in a dark room, to make out the date of coins, the figures of which were nearly obliterated, and to read the motto of a seal which others had been unable to decipher by the light of a lamp. With her eyes covered by several folds of handkerchief, she could still read and write as if nothing intervened, and play at backgammon understandingly.

§ 407. It appears that the eyes of somnambulists are sometimes closed while walking about, and perhaps always so when they first get up, though by one writer they are described as being sometimes half open. In some of the cases which have been alluded to, the eyes were observed to be open and staring.

$408. The senses of hearing and of taste present as many different modifications as that of sight. The sound of persons' voices talking loud in his presence may be unperceived by the somnambulist, and that of a trumpet no better heard, unless put close to his ears; in other cases, very faint sounds may be heard at considerable distances. Negretti did not distinguish between strongly seasoned cabbage, and some salad he had prepared. He drank water instead of wine which he had asked for, and snuffed ground coffee instead of snuff. By other somnambulists, however, such deceptions have been instantly detected. Generally, somnambulists take but little notice of what is passing around them, unless it is naturally connected with the subject of their thoughts, or specially obtruded on their attention; and then the perceptions will be associated more or less cohe