A very excellent account of sleep drunkenness, in its medico-legal relations, is given by Wharton and Stillé,[148] who have quoted several interesting cases from German and other authors, which I do not hesitate to transfer to these pages.

“A sentry fell asleep during his watch, and, being suddenly aroused by the officer in command, attacked the latter with his sword, and would have killed him but for the interposition of the by-standers. The result of the medical examination was, that the act was involuntary and irresponsible, being the result of a violent confusion of mind consequent upon the sudden waking from a profound sleep.

“A day-laborer killed his wife with a wagon-tire, the blow being struck immediately on his starting up from a deep sleep from which he was forcibly awakened. In this case there was collateral evidence that the defendant was seized, on awaking, with a delusion that a ‘woman in white’ had snatched his wife from his side and was carrying her away, and that his agony of mind was so great that his whole body was bathed in perspiration.

“A young man, named A. F., about twenty years of age, was living with his parents in great apparent harmony, his father and himself being alike distinguished for their great fondness for hunting. In consequence of danger from nocturnal attacks, they were in the habit of taking their arms with them into their chambers when they went to bed. On the afternoon of September 1st, 1839, the father and son having just returned from hunting, their danger became the subject of particular conversation. The next day the hunting was repeated, and on their return, after taking supper with every evidence of good feeling, they retired for the night, the son to his own room, and his father and mother to theirs. Both father and son took their loaded arms with them. At one o’clock the father got up to go into the entry, and on his return jarred against the door, on which the son instantly sprang up, seized his gun, and discharged it at his father, giving him a fatal wound in the breast, at the same time exclaiming, ‘Dog, what do you want here?’ The father immediately fell to the ground; and the son, then recognizing him, sank on the floor, crying, ‘Oh, Jesus! it is my father!’

“The evidence was that the whole family were subject to great restlessness in their sleep, and that the defendant in particular was affected with a tendency to be easily distressed by dreams, which lasted for about five minutes, on waking, before their effect was entirely dissipated. His own version of the affair was: ‘I must have fired the gun in my sleep; it was moonshine, and we were accustomed to talk and walk in our sleep. I recollect hearing something jar; I jumped up, seized my gun, and fired when I heard the noise; I recollect seeing nothing, nor am I conscious of having spoken. The night was so bright that everything could have been seen. I must have been under the delusion that thieves had broken in.’ The opinion of the medical experts was, that the act was committed during the condition of sleep drunkenness, and that, accordingly, it was not that of a free and responsible agent.”

The same authors quote the following case of Dr. Meister, from Herke’s Zeitschrift:

“I was obliged,” says the doctor, “to take a journey of eight miles on a very hot summer’s day—my seat being with my back to the horses, and the sun directly in my face. On reaching the place of destination, and being very weary and with a slight headache, I laid myself down, with my clothes on, on a couch. I fell at once asleep, my head having slipped under the back of the settee. My sleep was deep, and, as far as I can recollect, without dreams. When it became dark, the lady of the house came with a light into the room. I suddenly awoke, but, for the first time in my life, without collecting myself. I was seized with a sudden agony of mind, and, picturing the object which was entering the house as a specter, I sprang up and seized a stool, which, in my terror, I would have thrown at the supposed shade. Fortunately I was recalled to consciousness by the firmness and tact of the lady herself, who, with the greatest presence of mind, succeeded in composing my attention until I was entirely awakened.”

Hoffbauer[149] relates the particulars of a case which has passed into the annals of medical jurisprudence as one of great importance.

“Bernard Schidmaizig awoke suddenly at midnight. At the same moment he saw a frightful phantom (at least so his imagination depicted it) standing near him. That which appeared to his vision seemed to be a veritable specter; and fear and the darkness of the night prevented him recognizing anything with distinctness. With a feeble voice, he twice called out, ‘Who goes there?’ He received no answer, and imagined that the apparition was approaching him. Deprived for the instant of his reason, he jumped from his bed, seized a hatchet which he generally kept near him, and with this weapon attacked the imaginary specter. To see this apparition, to cry, ‘Who goes there?’ to seize the hatchet, were all done in a moment: he had not an instant for reflection. At the first blow the phantom was struck to the earth; Schidmaizig heard a deep groan. This sound, and the noise of the imaginary phantom falling to the ground, fully awakened him; and suddenly the thought struck him that he had assaulted his wife, who slept with him. He threw himself on his knees, raised the head of the wounded person, saw the injury he had inflicted, and the blood which flowed, and with a voice full of anguish cried, ‘Susannah! Susannah! come to yourself!’ He then called his eldest daughter, aged about eight years—ordered her to see if her mother was recovering, and to tell her grandmother what he had done. It was in reality his wife; and she died the next day from the effects of the blow.”

As Hoffbauer remarks, “This man did not enjoy the free use of his senses; he did not know what he saw; he believed that he was repulsing a sudden attack. He very soon recognized the place where he ordinarily slept; it was natural that he should seize his hatchet,—since he had taken the precaution to place it near him,—but the idea of his wife, and of the possibility of having killed her, were the last thoughts that entered his mind.”