In consonance with the accusation, it was found that the anus was pathologically changed, in that there were no wrinkles in the skin about it and the sphincter was relaxed; and it was presumed that these changes pointed to the probability of passive pederasty.
The conviction was based on these facts. The judgment passed recognized that the relation that existed between the culprits did not necessarily point to unnatural abuses, any more than did the physical conditions found on the person of G.
However, by reason of the combination of the two facts, the court was convinced of the guilt of both culprits, and held it proved: “That the abnormal condition of G.’s anus had been caused by the frequently repeated introduction of the penis of S., and that G. voluntarily permitted the performance of this immoral act on himself.”
Thus the conditions of § 175, R. St. G. B., seemed to be covered. In passing sentence, there was consideration of S.’s education, which made him appear to be G.’s seducer; in G.’s case, this fact and his youth were given weight; and the previous respectability of both was held in view. Thus Dr. S. was sentenced to imprisonment for eight months, and G. for four months.
The culprits appealed to the Supreme Court at Leipzig, and prepared themselves, in case the appeal should be denied, to collect evidence sufficient to call for a new trial.
They subjected themselves to examination and observation by distinguished experts. The latter declared that G.’s anus presented no signs of indulgence in passive pederasty.
Since it seemed of importance to those interested to make clear the psychological aspect of the case, which was not touched on at the trial, the author was intrusted with the examination and observation of Dr. S. and G.
Results of the Personal Examination, from December 11 to 13, 1888, in Graz.—Dr. S., aged 37; two years married, without children. Ex-Director of the City Laboratory of H. He comes of a father who is said to have been nervous, owing to great activity; who had an apoplectic attack in his fifty-seventh year, and died, at the age of sixty-seven, of another attack of apoplexy. His mother is living, and is described as a strong person, who has been nervous for years. Her mother reached quite an old age, and is said to have died of a cerebellar tumor. A brother of the mother’s father is said to have been a drinker. The paternal grandfather died early, of softening of the brain.
Dr. S. has two brothers, who are in perfect health.
He states that he is of nervous temperament, and has been of strong constitution. After articular rheumatism, which he had in his fourteenth year, he suffered with great nervousness for some months. Thereafter he often suffered with rheumatic pains, palpitation, and shortness of breath. These symptoms gradually disappeared with sea-bathing. Seven years ago he had gonorrhœa. This disease became chronic, and for a long time caused bladder-difficulty.