How long will this naïveté and sincerity last? This is no psychological, but a social problem. Since the newspapers have taken hold of the case, every mail brings heaps of letters from all corners of the country. Some of them bring invitations to give performances, but they are not the most dangerous ones. Most of the letters urge the child to use her mysterious, supernatural powers for trivial or pathetic ends in the interest of the writers. Sometimes she is to locate a lost trunk, or a mislaid pocketbook; sometimes she is to prophesy whether a voyage will go smoothly or whether a business venture will succeed; sometimes she is to read in her mind where a runaway child may be found; and almost always money promises are connected with such requests. The mother, who has not much education but who is a splendid, right-minded country woman with the very best intentions for the true good of her children, has ignored all this silly invasion. She showed me a whole teacupful of two-cent stamps for replies which she had collected from Beulah's correspondence. But I ask again, how long will it last? If Beulah closes her eyes and some chance letters come to her mind, and she forms a word from them and sends it as a reply to the anxious mother who is seeking her child, she will soon discover that it is easy to gather money in a world which wants to be deceived. She is followed by the most tempting invitations to live in metropolitan houses where sensational experiments can be performed with her. The naïve mother is still impressed when a New York woman applies the well-known tricks and assures her that the child reminds her so much of her own little dead niece that she ought to come to her New York house. It is a pity how the community forces sensationalism, commercialism, and finally humbug and fraud on a naïve little country girl who ought to be left alone with her pet lamb in her mother's kitchen. Her gift is extremely interesting to the psychologist, and if it is not misused by those who try to pump spiritualistic superstitions into her little mind or to force automatic writing on her it will be harmless and no cause for hysteric developments. But surely her art is entirely useless for any practical purpose. She cannot know anything which others do not know beforehand. Clairvoyant powers or prophetic gifts are not hers, and above all her mind-reading is a natural process. The edifice of science will not be shaken by the powers of my little Rhode Island friend.
Yet the most important part is not the fate of the individual child, but the behaviour of this nation-wide public which chases her into the swamps of fraud. No one can decide and settle whether the party of superstition forms the majority or the minority. If all the silent voters were sincere, they probably would carry the vote for telepathy. But in any case, such a party exists, and it does not care in the least that scientific investigations clear up a case which threatens to bring our world of thought into chaotic disorder. A world of mental trickery and mystery, a world which by its very principle could never be understood, is to them instinctively more welcome than a world of scientific order. There cannot be a more fundamental contrast between men who are to form a social unit than this radical difference of attitude toward the world of experience. Compared with this deepest split in the community, all its other social questions seem temporary and superficial.
V
THE MIND OF THE JURYMAN
Every lawyer knows some good stories about some wild juries he has known, which made him shiver and doubt whether a dozen laymen ever can see a legal point. But every newspaper reader, too, remembers an abundance of cases in which the decision of the jury startled him by its absurdity. Who does not recall sensational acquittals in which sympathy for the defendant or prejudice against the plaintiff carried away the feelings of the twelve good men and true? For them are the unwritten laws, for them the mingling of justice with race hatreds or with gallantry. And even in the heart of New York a judge recently said to a chauffeur who had killed a child and had been acquitted: “Now go and get drunk again; then this jury will allow you to run over as many children as you like.”
Yet whatever the temperament of the jury and its legal insight, we may sharply separate its ideas of deserved punishment from that far more important aspect of its function, the weighing of evidence. The juries may be whimsical in their decisions, they may be lenient in their acquittals or over-rigid in their verdicts of guilty, but that is quite in keeping with the democratic spirit of the institution. The Teutonic nations did not want the abstract law of the scholarly judges; they want the pulse-beat of life throbbing in the court decisions, and what may be a wilful ignoring of the law of the jurists may be a heartfelt expression of the popular sentiment. Better to have some statutes riddled by the illogical verdicts than legal decisions severed from the sense of justice which is living in the soul of the nation. But while a rush into prejudice or a hasty overriding of law may draw attention to some exceptional verdicts, in the overwhelming mass of jury decisions nothing is aimed at but a real clearing up of the facts. The evidence is submitted, and while the lawyers may have wrangled as to what is evidence and what is not, and while they may have tried, by their presentation of the witnesses on their own side and by their cross-examinations, to throw light on some parts of the evidence and shadow on some others, the jurymen are simply to seek the truth when all the evidence has been submitted. And mostly they do not forget that they will live up to their duty best the more they suppress in their own hearts the question whether they like or dislike the truth that comes to light. Whoever weighs the social significance of the jury system ought not to be guided by the few stray cases in which the emotional response obscures the truth, but all praise and blame and every scrutiny of the institution ought to be confined essentially to the ability of the jurymen to live up to their chief responsibility, the sober finding of the true facts.
It cannot be denied that much criticism has been directed against the whole jury system in America as well as in Europe by legal scholars as well as by laymen on account of the prevailing doubt whether the traditional form is really furthering the clearing up of the hidden truth. Where the evidence is so perfectly clear that every one by himself feels from the start exactly like all the others, the coöperation of the twelve men cannot do any harm, but it cannot do any particular good either. Such cases do not demand the special interest of the social reformer. His doubts and fears come up only when difference of opinion exists, and the discussion and the repeated votes overcome the divergence of opinion. The skeptics claim that the system as such may easily be instrumental for suppressing the truth and bringing the erroneous opinion to victory. In earlier times a frequent objection was that lack of higher education made men unfit to weigh correctly the facts in a complicated situation. But this kind of arguing has been given up for a long while. The famous French lawyer who, whenever he had a weak case, made use of his right to challenge jurymen by systematically excluding all persons of higher education, certainly blundered in this respect, according to the views of to-day. Those best informed within and without the legal science agree that the verdicts of straightforward people with public-school education are in the long run neither better nor worse than those of men with college schooling or professional training. A jury of artisans and farmers understands and looks into a mass of neutral material as well as a jury of bankers and doctors, or at least its final verdict has an equal chance to hit the truth.
But the critics say that it is not the lack of general or logical training of the single individual which obstructs the path of justice. The trouble lies rather in the mutual influence of the twelve men. The more persons work together, the less, they say, every single man can reach his highest level. They become a mass with mass consciousness, a kind of crowd in which each one becomes oversuggestible. Each one thinks less reliably, less intelligently, and less impartially than he would by himself alone. We know how men in a crowd do indeed lose some of the best features of their individuality. A crowd may be thrown into a panic, may rush into any foolish, violent action, may lynch and plunder, or a crowd may be stirred to a pitch of enthusiasm, may be roused to heroic deeds or to wonderful generosity, but whether the outcome be wretched or splendid, in any case it is the product of persons who have been entirely changed. In the midst of the panic or in the midst of the heroic enthusiasm no one has kept his own characteristic mental features. The individual no longer judges for himself; he is carried away, his own heart reverberates with the feelings of the whole crowd. The mass consciousness is not an adding up, a mere summation, of the individual minds, but the creation of something entirely new. Such a crowd may be pushed into any paths, chance leaders may use or misuse its increased suggestibility for any ends. No one can foresee whether this heaping up of men will bring good or bad results. Certainly the individual level of the crowd will always be below the level of its best members. And is not a jury necessarily such a group with a mass consciousness of its own? Every individual is melted into the total, has lost his independent power of judging, and becomes influenced through his heightened suggestibility and social feeling by any chance pressure which may push toward error as often as toward truth.
But if such arguments are brought into play, it is evident that it is no longer a legal question, but a psychological one. The psychologist alone deals scientifically with the problem of mutual mental influence and with the reënforcing or awakening of mental energies by social coöperation. He should accordingly investigate the question with his own methods and deal with it from the standpoint of the scientist. This means he is not simply to form an opinion from general vague impressions and to talk about it as about a question of politics, where any man may have his personal idea or fancy, but to discover the facts by definite experiments. The modern student of mental life is accustomed to the methods of the laboratory. He wants to see exact figures by which the essential facts come into sharp relief. But let us understand clearly what such an experiment means. When the psychologist goes to work in his laboratory, his aim is to study those thoughts and emotions and feelings and deeds which move our social world. But his aim is not simply to imitate or to repeat the social scenes of the community. He must simplify them and bring them down to the most elementary situations, in which only the characteristic mental actions are left. Is this not the way in which the experimenters proceed in every field? The physicist or the chemist does not study the great events as they occur in nature on a large scale and with bewildering complexity of conditions, but he brings down every special fact which interests him to a neat, miniature copy on his laboratory table. There he mixes a few chemical solutions in his retorts and his test-tubes, or produces the rays or sparks or currents with his subtle laboratory instruments, and he feels sure that whatever he finds there must hold true everywhere in the gigantic universe. If the waters move in a certain way in the little tank on his table, he knows that they must move according to the same laws in the midst of the ocean. In this spirit the psychologist arranges his experiments too. He does not carry them on in the turmoil of social life, but prepares artificial situations in which the persons will show the laws of mental behaviour. An experiment on memory or attention or imagination or feeling may bring out in a few minutes mental facts which the ordinary observer would discover only if he were to watch the behaviour and life attitudes of the man for years. Everything depends upon the degree with which the characteristic mental states are brought into play under experimental conditions. The great advantage of the experimental method is, here as everywhere, that everything can be varied and changed at will and that the conditions and the effects can be exactly measured.
If we apply these principles to the question of the jury, the task is clear. We want to find out whether the coöperation, the discussion, and the repeated voting of a number of individuals are helping or hindering them in the effort to judge correctly upon a complex situation. We must therefore artificially create a situation which brings into action the judgment, the discussion, and the vote, but if we are loyal to the idea of experimenting we must keep the experiment free from all those features of a real jury deliberation which have nothing to do with the mental action itself. Moreover, it is evident that the situations to be judged must allow a definite knowledge as to the objective truth. The experimenter must know which verdict of his voters corresponds to the real facts. Secondly, the situation must be difficult in order that a real doubt may prevail. If all the voters were on one side from the start, no discussion would be needed. Thirdly, it must be a rather complex situation in order that the judgment may be influenced by a number of motives. Only in this case will it be possible for the discussion to point out factors which the other party may have overlooked, thus giving a chance for changes of mind. All these demands must be fulfilled if the experiment is really to picture the jury function. But it would be utterly superfluous and would make the exact measurement impossible if the material on which the judgment is to be based were of the same kind of which the evidence in the courtroom is composed. The trial by jury in an actual criminal case may involve many picturesque and interesting details, but the mental act of judging is no different when the most trivial objects are chosen.