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the approximately normal-hearing, but there is a successively growing increase in the degree of auditory limitation which the ear experiences with increasing age. The results are more surprising than is supposed.

 

Not one of 100 people over fifty years of age could understand conversational speech at a distance of sixteen meters; 10.5% understood it at a distance of eight to sixteen meters. Of school children 46.5% (1918 of them) from seven to eighteen understood it at a distance of 20 meters plus, and 32.7% at a distance of from 16 to 8 meters. The percentage then is 10.5 for people over fifty as against 79.2 of people over seven and under 18. Old women can hear better than old men. At a distance of 4 to 16 meters the proportion of women to men who could hear was 34 to 17. The converse is <p 212>

true of children, for at a distance of 20 meters and more the percentage of boys was 49.9 and girls 43.2. The reason for this inversion of the relation lies in the harmful influences of manual labor and other noisy occupations of men. These comparisons may be of importance when the question is raised as to how much more a witness may have heard than one of a different age.

 

Section 41. (d) The Sense of Taste.

 

The sense of taste is rarely of legal importance, but when it does come into importance it is regularly very significant because it involves, in the main, problems of poisoning. The explanation of such cases is rarely easy and certain—first of all, because we can not, without difficulty, get into a position of testing the delicacy and acuteness of any individual sense of taste, where such testing is quite simple with regard to seeing and hearing. At the same time, it is necessary when tests are made, to depend upon general, and rarely constant impressions, since very few people mean the same thing by, stinging, prickly, metallic, and burning tastes, even though the ordinary terms sweet, sour, bitter, and salty, may be accepted as approximately constant. The least that can be done when a taste is defined as good, bad, excellent, or disgusting, is to test it in every possible direction with regard to the age, habits, health, and intelligence of the taster, for all of these exercise great influence on his values. Similarly necessary are valuations like flat, sweetish, contractile, limey, pappy, sandy, which are all dictated by almost momentary variations in well-being.

 

But if any denotation is to be depended upon, and in the end some one has to be, it is necessary to determine whether the perception has been made with the end or the root of the tongue.[1]

Longet, following the experiments of certain others, has brought together definite results in the following table: TASTE TONGUE-TIP TONGUE ROOT

Glauber’s salts . . salty bitter Iodkalium … . . “ “

Alum… … . . sour sweet

Glycerine … . . none “

Rock candy… . . “ “

Chlorate of strychnine “ “

Natrium carbonate . “ alkaloid

 

[1] A. Strindberg. Zur Physiologie des Geschmacks. wiener Rundschau, 1900.

p. 338 ff.

 

<p 213>

 

In such cases too, particularly as diseased conditions and personal idiosyncrasies exercise considerable influences, it will be important to call in the physician. Dehn is led by his experiments to the conclusion that woman’s sense of taste is finer than man’s, and again that that of the educated man finer than that of the uneducated.

In women education makes no difference in this regard.

 

Section 42. (e) The Sense of Smell.

 

The sense of smell would be of great importance for legal consideration if it could get the study it deserves. It may be said that many men have more acute olfactory powers than they know, and that they may learn more by means of them than by means of the other senses. The sense of smell has little especial practical importance.

It only serves to supply a great many people with occasional disagreeable impressions, and what men fail to find especially necessary they do not easily make use of. The utility of smell would be great because it is accurate, and hence powerful in its associative quality. But it is rarely attended to; even when the associations are awakened they are not ascribed to the sense of smell but are said to be accidental. I offer one example only, of this common fact.

When I was a child of less than eight years, I once visited with my parents a priest who was a school-mate of my father’s. The day spent in the parsonage contained nothing remarkable, so that all these years I have not even thought of it. A short time ago all the details I encountered on that day occurred to me very vividly, and inasmuch as this sudden memory seemed baseless, I studied carefully the cause of its occurrence, without success. A short time later I had the same experience and at the same place. This was a clew, and I then recalled that I had undertaken a voyage of discovery with the small niece of the parson and had been led into a fruit cellar. There I found great heaps of apples laid on straw, and on the wall a considerable number of the hunting boots of the parson.

The mixed odors of apple, straw and boots constituted a unique and long unsmelled perfume which had sunk deep into my memory.

And as I passed a room which contained the same elements of odor, all those things that were associated with that odor at the time I first smelt it, immediately recurred.

 

Everybody experiences such associations in great number, and in examinations a little trouble will bring them up, especially when the question deals with remote events, and a witness tells about some “accidental” idea of his. If the accident is considered to be <p 214>

an association and studied in the light of a memory of odor, one may often succeed in finding the right clew and making progress.

 

But accurate as the sense of smell is, it receives as a rule little consideration, and when some question concerning smell is put the answer is generally negative. Yet in no case may a matter be so easily determined as in this one; one may without making even the slightest suggestion, succeed in getting the witness to confess that he had smelled something. Incidentally, one may succeed in awakening such impressions as have not quite crossed the threshold of consciousness, or have been subdued and diverted.

Suppose, e. g., that a witness has smelled fire, but inasmuch as he was otherwise engaged was not fully conscious of it or did not quite notice it, or explained it to himself as some kitchen odor or the odor of a bad cigar. Such perceptions are later forgotten, but with proper questioning are faithfully and completely brought to memory.

 

Obviously much depends on whether anybody likes certain delicate odors or not. As a rule it may be held that a delicate sense of smell is frequently associated with nervousness. Again, people with broad nostrils and well developed foreheads, who keep their mouths closed most of the time, have certainly a delicate sense of smell.

People of lymphatic nature, with veiled unclear voices, do not have a keen sense of smell, and still duller is that of snufflers and habitual smokers. Up to a certain degree, practice may do much, but too much of it dulls the sense of smell. Butchers, tobacconists, perfumers, not only fail to perceive the odors which dominate their shops; their sense of smell has been dulled, anyway. On the other hand, those who have to make delicate distinctions by means of their sense, like apothecaries, tea dealers, brewers, wine tasters, etc. achieve great skill. I remember that one time when I had in court to deal almost exclusively with gypsies, I could immediately smell whether any gypsies had been brought there during the night.

 

Very nervous persons develop a delicateness and acuteness of smell which other persons do not even imagine. Now we have no real knowledge of how odors arise. That they are not the results of the radiation of very tiny parts is shown by the fact that certain bodies smell though they are known not to give off particles. Zinc, for example, and such things as copper, sulphur, and iron, have individual odors; the latter, particularly when it is kept polished by a great deal of friction,—e.g., in the cases of chains, key-rings kept in the pocket.

<p 215>

 

In defining the impressions of smell great difficulties occur. Even normal individuals often have a passionate love for odors that are either indifferent or disgusting to others (rotten apples, wet sponges, cow-dung, and the odor of a horse-stable, garlic, assafoetida, very ripe game, etc.). The same individual finds the odor of food beautiful when hungry, pleasant when full-fed, and unendurable when he has migraine. It would be necessary to make an accurate description of these differences and all their accompanying circumstances.

With regard to sex, the sense of smell, according to Lombroso,[1] is twice as fine in men as in women. This is verified by Lombroso’s pupils Ottolenghi and Sicard, Roncoroni and Francis Galton.

Experience of daily life does not confirm this, though many smokers among men rarely possess acute sense of smell, and this raises the percentage considerably in favor of women.

 

[1] C. Lombroso and G. Ferrero. The Female Offender.

 

Section 43. (f) The Sense of Touch.

 

I combine, for the sake of simplicity, the senses of location, pressure, temperature, etc., under the general expression: sense of touch.

The problem this sense raises is no light one because many witnesses tell of perceptions made in the dark or when they were otherwise unable to see, and because much is perceived by means of this sense in assaults, wounds, and other contacts. In most cases such witnesses have been unable to regard the touched parts of their bodies, so that we have to depend upon this touch-sense alone. Full certainty is possible only when sight and touch have worked together and rectified one another. It has been shown that the conception of the third dimension can not be obtained through the sense of sight. At the beginning we owe the perception of this dimension only to touch and later on to experience and habit. The truth of this statement is confirmed by the reports of persons who, born blind, have gained sight. Some were unable to distinguish by means of mere sight a silver pencil-holder from a large key. They could only tell them to be different things, and recognized their nature only after they had felt them. On the other hand, the deceptive possibilities in touch are seen in the well-known mistakes to which one is subjected in blind touching. At the same time practice leads to considerable accuracy in touch and on many occasions the sense is trusted more than sight—e. g., whenever we test the delicacy of an object with our finger-tips. The fineness of paper, leather, the smoothness of a surface, the presence of points, <p 216>

are always tested with the fingers. So that if a witness assures us that this or that was very smooth, or that this surface was very raw, we must regularly ask him whether he had tested the quality by touching it with his fingers, and we are certain only if he says yes. Whoever has to depend much on the sense of touch increases its field of perception, as we know from the delicacy of the sense in blind people. The statements of the blind concerning their contact sensations may be believed even when they seem improbable; there are blind persons who may feel the very color of fabrics, because the various

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