TRIAL.

State v. Warm, Vt. 105 Atl. 244. New trial: juror betting on result of trial.

Public policy will not permit verdicts to stand which are rendered by jurymen who bet on the issue, be the stake great or small.

On a petition to the Supreme Court for a new trial by one convicted of manslaughter, based on disqualification of a juror in having wagered on the result of the trial, affidavits held to show that the juror had in fact made such wager.

TRIAL.

State v. Craig, N. Car. 97 S. E. 400. Procedure where defendant acquitted on ground of insanity.

Revisal, 1905, sec 4618 (a part of chapter 97, sub-chapter 7), providing that when a person accused of murder, rape, etc., "or other crimes," shall be acquitted upon ground of insanity, the court shall detain such person until an inquisition shall be had, does not apply to the crime of resisting an officer; the quoted words meaning crimes of like kind and grade as those enumerated.

That verdict of not guilty of resisting an officer was based upon belief that defendant did not have sufficient mental capacity to commit a crime did not authorize trial court to make an order inquiring into his mental condition with a view of having him confined in the department of "dangerous insane," in the penitentiary, pursuant to Revisal, 1905, sec. 4618.

VERDICT.

Autrey v. State, Ga. 97 S. E. 753. Uncertain verdict.

Upon a trial under an indictment for assault with intent to murder, alleged to have been committed by shooting another with a pistol, a verdict finding the defendant "guilty of shooting a man" is not void for uncertainty. Its reasonable intendment and meaning is that the defendant was guilty of the offense of shooting at another, not in his own defense, nor under other circumstances of justification.

NOTES AND ABSTRACTS

ANTHROPOLOGY-PSYCHOLOGY-LEGAL-MEDICINE

Psychoanalysis of the Radical Type.-For some time I have been interested in the ever-increasing group of cases whom I have termed "86 percenters." It is a group of boys and girls with an intelligence quotient of from 83 to 88 per cent, who test too high to be classified as borderline cases and not high enough to be regarded as having normal intelligence. They are dull; and their dullness exhibits itself most obviously in their lack of good judgment.

This girl was brought into the Juvenile Detention Home, where our office is located, at the request of her mother, who complained that Mary was staying out late nights, attending radical meetings, and had become incorrigible, and the mother was unable to control her. Her case is an interesting one for many reasons. She is only one of a great mass of young people who are attracted to various radical, economic or religious movements in order to have a chance to express themselves. It is quite conceivable that the 86 percenters in these organizations are the ones who are in a large measure responsible for some of the extremist methods which are so often employed, and which exhibit such an obvious lack of judgment and foresight. It would be interesting to discover the percentage of these dull types in these organizations and societies and the effect on them of brilliant leadership, altruistic ideals and general criticism of society.

The other cases of this group vary greatly in their delinquencies and social reactions, but at the basis of it is the mental limitation.

Chronological age, 18 or 19. Mental, 13 years 2 months. Intelligence quotient, 83 plus. Classification: rather dull, normal.

Mary is a personally unattractive girl who has felt the thrill of recognition in certain radical groups, where she was found to possess a great deal of energy, and hence put on committees and made to feel as if she really were someone quite important. Being a young, emotional and ambitious girl, she has been caught in the whirlwind of radicalism, incited by what she believes to be the brilliance of the leaders, impressed by the injustice done to the working people, and fascinated by phrases, words, ideals and propaganda which she has heard. Not being clever or brilliant herself, she has caught up these phrases and uses them without very deep reflection as to their content. She began to feel as if the whole radical movement was dependent upon her committee meetings, etc., and rushed here and there to lectures, meetings, campaigning, and engaging in all sorts of routine propaganda work. She has very little initiative or originality, and hence does very well as a tool.

Her reasoning is illogical and certainly not consecutive. Her judgment is rather poor. She lacks analytical ability and self-insight. She is ambitious to do something. In the work-a-day world she earns $12.00 a week as a filing clerk. Certainly there was no room for her ambition to be stimulated there. At home she is one of a very large family, next to the youngest, with older married brothers and sisters who want to dictate about her conduct. She has begun to have a taste of independence and personal revolt against all institutions, including her family, and it is not surprising that her mother has

found her incorrigible. She feels that an injustice has been done to her at home and that they do not understand her, nor are they at all sympathetic toward her ideas. Her idea of radical principles is certainly very limited. She has memorized a few definitions, but attaches almost equal importance to insignificant things. Some of the definitions which she gave are rather interesting. Rather than say that she does not know a thing she will make a very wide guess.

“Puddle is a pan used for cooking.”

"Tolerate means to destroy."

"War is a curse."

"Hysterics has something to do with history."

When she does not know what a word means she tries to cover up her ignorance by long-sounding words. When asked to make four triangles out of one, she says she has never had square root, algebra or geometry.

Gives the difference between "evolution" and "revolution" very well, having been coached in this at her radical meetings. "Revolution is a sudden, immediate change by force." "Evolution is a gradual change." "Laziness is a disease; idleness is a manufactured habit." "Character is one's natural instinct; reputation is the way he is known."

She gives as fundamentals of the Socialist platform "Collective ownership of public utilities," that the Socialists do not believe in charity. Under a Socialist regime she says there will be no policemen, lawyers or professional people of any kind. Later she admits that she is rather confused on this point and that probably that is part of the I. W. W. propaganda. She thrilled at the name of many of the well-known radicals. She is the type who would worship at the shrine of a hero, drink in his every word and then try to repeat it in a hodge-podge of phrases and mixed ideas.

The principal trouble with Mary is that her foundation is exceedingly shaky. She has had a grammar school education, but can hardly do fifth grade arithmetic; her mind is untrained to grapple with the economic problems in which she is interesting herself. As a result, she makes silly statements and behaves in a rather bravado manner, enjoying somewhat to play with the idea that in being in the Juvenile Home she is more or less a martyr to her cause. She is amenable, however, to reasoning. She states that she believes now that the important thing to do is to get an education; she fully realizes that she can do very little for the movement until she becomes more intelligent and says she is perfectly willing to take the advice of the court and do whatever they think best.

She is responsive to interest and sympathy, and it would not be a very difficult matter to steer her from what may prove to be a rather dangerous course into being a useful young woman. She will never be a leader, because she has not the innate ability, but she would be a faithful and energetic worker for any cause to which she might be won.-Sadie R. Myers, Ass't. Director, Juvenile Psychopathic Institute, Chicago.

The Feeble-Minded in a Rural County of Ohio.-The Ohio Board of Administration is issuing a very valuable set of bulletins which are not merely reports on the management of institutions, but scientific studies of conditions in the state that have to be met by those who are working for public welfare.

We have in hand Publication No. 12 of the Board of Administration, otherwise designated as Bulletin No. 6 of the Bureau of Juvenile Research. It is a survey of a rural Ohio county made by Mina A. Sessions, Field Worker for the Bureau of Juvenile Research. It aims at an accurate estimate of the number of feeble-minded in the county and therefore gives the worker and student a notion of the nature of the people with whom welfare workers have to contend. Following are the main points of the Survey:

1. The county chosen for the Survey is in the hilly section at the southeastern part of the state, bordering the Ohio River.

2. On February 15, 1916, there were 253 persons in the various state institutions from the county studied. Of this number under state control, 16% were known to be feeble-minded, but less than 8% were inmates of the Institution for the Feeble-Minded.

3. It was estimated that 47% of the Infirmary population was dependent because of feeble-mindedness. Only 35% was dependent because of infirmity due to old age or illness.

4. There was proportionately five times as much feeble-mindedness among the dependent children in the Children's Home as among the public school children of the county.

5. Two district schools were found, in each of which more than 40% of the children were feeble-minded.

6. The proportion of males to females among the feeble-minded was as 3 to 2.

7. The majority of the feeble-minded were descended from pioneer stock. 8. The percentage of feeble-minded at large in the rural districts was double the percentage in the urban districts.

9. Nearly half of the feeble-minded at large were being partially supported by the public.

10. Seventy-eight feeble-minded persons, or 13.5% of the total feebleminded population of the county, belonged to one family strain, which has been called the Hickory family.

11. Four other families contributed 48 feeble-minded persons or 8.3% of the total feeble-minded population of the county.

12. Approximately 1% of the total population of the county was found to be feeble-minded. It is believed that this percentage would not apply to the whole state. Other surveys should be made of other representative parts of Ohio.-R. H. G.

COURTS-LAWS

To Provide a Department of State Police in Illinois (H. B. No. 38, 1919). -SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That a Department of State Police is hereby created, the executive and administrative head of which shall be a superintendent who shall be appointed by the governor by and with the advice and consent of the Senate for a term of four years and until his successor is appointed and qualified, and who shall receive an annual salary of $5,000.00 and shall be removable by the governor after charges have been preferred and a hearing granted. The superintendent shall, before entering upon the duties of his office, file in the office of the secretary of state a bond to the people of the state of Illinois, in

the sum of $20,000.00, with a surety or sureties to be approved by the governor, conditioned on the faithful performance of his duties. Suitable offices for the Department of State Police shall be provided by the state in the Capitol at Springfield. If the Senate is not in session at the time this act takes effect, the governor shall make a temporary appointment as in case of a vacancy.

SEC. 2. The superintendent may appoint a deputy at an annual salary of $3,000.00, a clerk who shall be a competent bookkeeper, at a salary of $1,500.00 per annum, and a stenographer at a salary of $1,200.00 per annum.

SEC. 3. The state police force shall consist of four troops, each composed of one captain at an annual salary of $2,100.00, one lieutenant at an annual salary of $1,800.00, one first sergeant at an annual salary of $1,500.00, four sergeants at an annual salary of $1,400.00 each, eight corporals at annual salaries of $1,200.00 each, sixty-five privates at annual salaries of $1,080.00 each. The members of the state police force shall receive an increase of $60.00 per annum during continuous service after two years and an additional increase of $60.00 per annum during continuous service after four years. The members of the state police force shall be appointed by the superintendent and may be removed by him after a hearing. No person shall be appointed to the state police force unless he shall be a citizen of the United States between the ages of twenty-one and forty years, able to ride, of sound constitution and good moral character, nor until he shall have passed a physical and mental examination based upon standards provided by the rules and regulations of the superintendent. Appointment and re-appointment to the force shall be for a term of two years. Voluntary withdrawal from the force during such term without the consent of the superintendent shall be a misdemeanor. Re-appointment shall be made by the superintendent in his discretion, but no member removed from the force shall be eligible to re-appointment. The superintendent shall make rules and regulations, subject to approval by the governor, for the discipline and control of the force, and for the examination and qualification of applicants for appointment thereto.

SEC. 4. The superintendent shall provide the state police force, within the amount of appropriations therefor, with horses, vehicles, uniforms and suitable equipment and supplies, all of which shall remain the property of the state; and he shall have power to sell the same when they become unfit for use, and all moneys received therefor he shall pay into the state treasury.

SEC. 5. The superintendent shall, from time to time, establish headquarters or sub-stations in such localities as he shall deem most suitable for the efficient performance of police duty in the rural portions of the state, and for that purpose he may, with the consent of the governor, acquire the use of lands and buildings for the accommodation of the members of the force, their equipment and horses.

SEC. 6. It shall be the duty of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. They shall have power to arrest, without a warrant, any person committing or attempting to commit, within their presence or view, a breach of the peace or other violation of law, to serve and execute warrants of arrest or search, issued by proper authority, and to exercise all other powers of peace officers of the State of Illinois. But they shall not exercise their powers within the limits of any city or other village to suppress rioting or disorder,