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Section 53. (b) The Forms of Reproduction.

Kant analyzes memory:

1. As apprehending something in memory.

2. As retaining it for a long time.

3. As immediately recalling it.

One might, perhaps add, as 4: that the memory-image is most conformable to the actual one. This is not identical with the fact that we recollect at all. It is to be assumed that the forms of memory-images vary very much with different persons, because each individual verifies his images of various objects variously. I know two men equally well for an equal time, and yet have two memory-images of them. When I recall one, a life-sized, moving, and moved figure appears before me, even the very man himself; when I think of the other, I see only a small, bare silhouette, foggy and colorless, and the difference does not require that the first shall be an interesting and the second a boresome individual. This is still clearer in memory of travels. One city appears in recollection with size, color and movement, real; the other, in which I sojourned for the same length of time and only a few days later, under similar conditions of weather, etc., appears like a small, flat photograph. Inquiry reveals that this is as true of other people as of me, and that the problem of memory is much differentiated by the method of recollection. In fact, this is so little in doubt that at some periods of time there are more images of one sort than of another and what is a rule for one kind of individual is an exception for another.

Now there is a series of phenomena for which we possess particular types of images which often have little to do with the things themselves. So Exner says: "We might know the physiognomy of an individual very accurately, be able to pick him out among a thousand, without being clear about the differences between him and another; indeed, we often do not know the color of his eyes and hair, yet marvel when it suddenly becomes different."

Kries[1] calls attention to another fact: "When we try to mark in

memory the contour of a very well-known coin, we deceive ourselves, unbelievably—when we see the coin the size we imagine it to be, we wonder still more."

Lotze shows correctly that memory never brings back a blinding flash of light, or the over-powering blow of an explosion with the intensity of the image in proper relation to the impression. I believe that it is not necessary to go so far, for example, and hold that not even the sparkling of a star, the crack of a pistol, etc., are kept in memory with more than partial implication of the event. Maudsley points out correctly that we can have no memory of pain—"because the disturbance of nervous elements disappears just as soon as their integrity is again established." Perhaps, also, because when the pain has disappeared, the tertium comparationis is lacking. But one need not limit oneself to pain, but may assert that we lack memory of all unpleasant sensations. The first time one jumps into the water from a very high spring-board, the first time one's horse rises over a hurdle, or the first time the bullets whistle past one's ear in battle, are all most unpleasant experiences, and whoever denies it is deceiving himself or his friends. But when we think of them we feel that they were not so bad, that one merely was very much afraid, etc. But this is not the case; there is simply no memory for these sensations.

This fact is of immense importance in examination and I believe that no witness has been able effectively to describe the pain caused by a body wound, the fear roused by arson, the fright at a threat, not, indeed, because he lacked the words to do so, but because he had not sufficient memory for these impressions, and because he has nothing to-day with which to compare them. Time, naturally, in such cases makes a great difference, and if a man were to describe his experiences shortly after their uncomfortable occurrence he would possibly remember them better than he would later on. Here, if the examiner has experienced something similar, years ago, he is likely to accuse the witness of exaggeration under the belief that his own experience has shown the thing to be not so bad. Such an accusation will be unjust in most instances. The differences in conception depend to a large degree on differences in time, and consequent fading in memory. Several other particular conditions may be added.

Kant, e. g., calls attention to the power we have over our fancy: "In memory, our will must control our imagination and our imagination

must be able to determine voluntarily the reproduction of ideas of past time."

But these ideas may be brought up not only voluntarily; we have also a certain degree of power in making these images clearer and more accurate. It is rather foolish to have the examiner invite the witness to "exert his memory, to give himself the trouble, etc." This effects nothing, or something wrong. But if the examiner is willing to take the trouble, he may excite the imagination of the witness and give him the opportunity to exercise his power over the imagination. How this is done depends naturally upon the nature and education of the witness, but the judge may aid him just as the skilful teacher may aid the puzzled pupil to remember. When the pianist has completely forgotten a piece of music that he knew very well, two or three chords may lead him to explicate these chords forward or backward, and then—one step after another—he reproduces the whole piece. Of course the chords which are brought to the mind of the player must be properly chosen or the procedure is useless.

There are rules for the selection of these clews. According to Ebbinghaus: "The difference in the content of the recollected is due to discoverable causes. Melodies may become painful because of their undesirable obstinacy in return. Forms and colors do not usually recur, and if they do, they do so with noticeable claims on distinctness and certainty. Past emotional conditions are reproduced only with effort, in comparatively pallid schemes, and often only by means of the accompanying movements." We may follow these clews, in some directions at least, to our advantage. Of course, nobody will say that one should play tunes to witnesses in order to make them remember, because the tunes have sunk into the memory with such undesirable obstinacy as to be spurs to recollection. It is just as futile to operate with forms and colors, or to excite emotional conditions. But what has been said leads us back to the ancient rule of working so far as is possible with the constantly well-developed sense of location. Cicero already was aware of this

"Tanta vis admonitionis inest in locis, id quidem infinitum in hac urbe, quocumque enim ingredimur, in aliquam historiam vestigium possumus." Indeed he deduces his whole doctrine of memory from the sense of location, or he at least justifies those who do so.

If, then, we bring a witness, who in our court house recollects nothing, in locum rei sitae, all the mentioned conditions act favorably.[2]

The most influential is the sense of location itself, inasmuch as every point at which something significant occurred not only is the content of an association, but is also the occasion of one. It is, moreover, to be remembered that reproduction is a difficult task, and that all unnecessary additional difficulties which are permitted to accrue, definitely hinder it. Here, too, there is only a definite number of units of psychical energy for use, and the number which must be used for other matters is lost to the principal task. If, e. g., I recall an event which had occurred near the window of a definite house, I should have considerable difficulty to recall the form of the house, the location of the window, its appearance, etc., and by the time this attempt has barely begun to succeed, I have made so much effort that there is not sufficient power left for the recollection of the event we are really concerned with. Moreover, a mistake in the recollection of extraneous objects and the false associations thereby caused, may be very disturbing to the correctness of the memory of the chief thing. If, however, I am on the spot, if I can see everything that I had seen at the time in question, all these difficulties are disposed of.

We have still to count in the other conditions mentioned above. If acoustic effects can appear anywhere, they can appear in the locality where they first occurred. The same bell ringing, or a similar noise, may occur accidentally, the murmur of the brook is the same, the rustle of the wind, determined by local topography, vegetation, especially by trees, again by buildings, varies with the place. And even if only a fine ear can indicate what the difference consists of, every normal individual senses that difference unconsciously. Even the "universal noise," which is to be found everywhere, will be differentiated and characteristic according to locality, and that, together with all these other things, is extraordinarily favorable to the association of ideas and the reproduction of the past. Colors and forms are the same, similar orders may occur, and possibly the same attitudes are awakened, since these depend in so great degree upon external conditions. Now, once these with their retrospective tendencies are given, the recollection of any contemporary event increases, as one might say, spontaneously. Whatever may especially occur to aid the memory of an event, occurs best at the place where the event itself happened, and hence, one can not too insistently advise the examination of witnesses, in important cases, only in loco rei sitae. Incidentally, the judge himself learns the real

situation and saves himself, thereby, much time and effort, for he is enabled in a few words to render the circumstantial descriptions which have to be composed with so much difficulty when the things are not seen and must be derived from the testimonies of the witnesses themselves.

Whoever does not believe in the importance of conducting the examination at the place of an event, needs only to repeat his examination twice, once at the court, and again at the place—then he certainly will doubt no more. Of course the thing should not be so done that the event should be discussed with the witness at the place of its occurrence and then the protocol written in the house of the mayor, or in an inn half an hour away—the protocol must to the very last stroke of the pen be written then and there, in order that every impression may be renewed and every smallest doubt studied and corrected. Then the differences between what has passed, what has been later added, and what is found to-day can be easily determined by sticking to the rule of Uphues, that the recognition of the present as present is always necessary for the eventual recognition of the past. Kant has already suggested what surprising results such an examination will give: "There are many ideas which we shall never again in our lives be conscious of, unless some occasion cause them to spring up in the memory." But such a particularly powerful occasion is locality, inasmuch as it brings into play all the influences which our senses are capable of responding to.[3]

Of course the possibility of artificially-stimulated memory disappears like all memory, with the lapse of time. As a matter of fact, we know that those of our experiences which concern particular persons and things, and which are recalled at the sight of those persons and things, become, later on, when the connections of images have been broken, capable only of awakening general notions, even though the persons or things are as absolutely present as before. But very unfavorable circumstances must have been at work before such a situation can develop.

It is characteristic, as is popularly known, that memory can be intensified by means of special occasions. It is Höfler's opinion that the Spartan boys were whipped at the boundary stones of their country in order that they might recall their position, and even now-a-days our peasants have the custom, when setting up new boundary stones, of grasping small boys by the ears and hair in

order that they shall the better remember the position of the new boundary mark when, as grown men, they will be questioned about it. This being the case, it is safer to believe a witness when he can demonstrate some intensely influential event which was contemporaneous with the situation under discussion, and which reminds him of that situation.