occurred since that time. He has never had the medical tests which would definitely prove or disprove the existence of residual brain damage. Definitive medical tests are indicated before a complete evaluation can be said to exist… Hickock does show signs of emotional abnormality. That he knew what he was doing and still went ahead with it is possibly the most clear-cut demonstration of this fact. He is a person who is impulsive in action, likely to do things without thought of consequences or future discomfort to himself or to others. He does not seem to be capable of learning from experience, and he shows an unusual pattern of intermittent periods of productive activity followed by patently irresponsible actions. He cannot tolerate feelings of frustration as a more normal person can, and he is poorly able to rid himself of those feelings except through antisocial activity… His self-esteem is very low, and he secretly feels inferior to others and sexually inadequate. These feelings seem to be overcompensated for by dreams of being rich and powerful, a tendency to brag about his exploits, spending sprees when he has money, and dissatisfaction with only the normal slow advancement he could expect from his job… He is uncomfortable in his relationships to other people, and has a pathological inability to form and hold enduring personal attachments. Although he professes usual moral standards he seems obviously uninfluenced by them in his actions. In summary, he shows fairly typical characteristics of what would psychiatrically be called a severe character disorder. It is important that steps be taken to rule out the possibility of organic brain damage, since, if present, it might have substantially influenced his behavior during the past several years and at the time of the crime.”
Aside from a formal plea to the jury, which would not take place until the morrow, the psychiatrist’s testimony terminated Hickock’s planned defense. Next it was the turn of Arthur Fleming, Smith’s elderly counselor. He presented four witnesses: the Reverend James E. Post, the Protestant chaplain at Kansas State Penitentiary; Perry’s Indian friend, Joe James, who after all had arrived by bus that morning, having traveled a day and two nights from his wilderness home in the Far Northwest; Donald Cullivan; and, once again, Dr. Jones. Except for the latter, these men were offered as “character witnesses”—persons expected to attribute to the accused a few human virtues. They did not fare very well, though each of them negotiated some skimpily favorable remark before the protesting prosecution, which contended that personal comments of this nature were “incompetent, irrelevant, immaterial,” hushed and banished them. For example, Joe James, dark-haired, even darker-skinned than Perry, a lithe figure who with his faded huntsman’s shirt and moccasined feet looked as though he had that instant mysteriously emerged from woodland shadows, told the court that the defendant had lived with him off and on for over two years. “Perry was a likable kid, well liked around the neighborhood—he never done one thing out of the way to my knowledge.” The state stopped him there; and stopped Cullivan, too, when he said, “During the time I knew him in the Army, Perry was a very likable fellow.”
The Reverend Post survived somewhat longer, for he made no direct attempt to compliment the prisoner, but described sympathetically an encounter with him at Lansing. “I first met Perry Smith when he came to my office in the prison chapel with a picture he had painted—a head-and-shoulders portrait of Jesus Christ done in pastel crayon. He wanted to give it to me for use in the chapel. It’s been hanging on the walls of my office ever since.”
Fleming said, “Do you have a photograph of that painting?” The minister had an envelope full; but when he produced them, ostensibly for distribution among the jurors, an exasperated Logan Green leaped to his feet: “If Your Honor please, this is going too far…” His Honor saw that it went no further.
Dr. Jones was now recalled, and following the preliminaries that had accompanied his original appearance, Fleming put to him the crucial query: “From your conversations and examination of Perry Edward Smith, do you have an opinion as to whether he knew right from wrong at the time of the offense involved in this action?” And once more the court admonished the witness: “Answer yes or no, do you have an opinion?”
“No.”
Amid surprised mutters, Fleming, surprised himself, said, “You may state to the jury why you have no opinion.”
Green objected: “The man has no opinion, and that’s it” Which it was, legally speaking.
But had Dr. Jones been permitted to discourse on the cause of his indecision, he would have testified: “Perry Smith shows definite signs of severe mental illness. His childhood, related to me and verified by portions of the prison records, was marked by brutality and lack of concern on the part of both parents. He seems to have grown up without direction, without love, and without ever having absorbed any fixed sense of moral values…He is oriented, hyper alert to things going on about him, and shows no sign of confusion. He is above average in intelligence, and has a good range of information considering his poor educational background… Two features in his personality make-up stand out as particularly pathological. The first is his ‘paranoid’ orientation toward the world. He is suspicious and distrustful of others, tends to feel that others discriminate against him, and feels that others are unfair to him and do not understand him. He is overly sensitive to criticisms that others make of him, and cannot tolerate being made fun of. He is quick to sense slight or insult in things others say, and frequently may misinterpret well-meant communications. He feels he has great need of friendship and understanding, but he is reluctant to confide in others, and when he does, expects to be misunderstood or even betrayed. In evaluating the intentions and feelings of others, his ability to separate the real situation from his own mental projections is very poor. He not infrequently groups all people together as being hypocritical, hostile, and deserving of whatever he is able to do to them. Akin to this first trait is the second, an ever-present, poorly controlled rage—easily triggered by any feeling of being tricked, slighted, or labeled inferior by others. For the most part, his rages in the, past have been directed at authority figures—father, brother, Army sergeant, state parole officer—and have led to violent assaultive behavior on several occasions. Both he and his acquaintances have been aware of these rages, which he says ‘mount up’ in him, and of the poor control he has over them. When turned toward himself his anger has precipitated ideas of suicide. The inappropriate force of his anger and lack of ability to control or channel it reflect a primary weakness of personality structure…. In addition to these traits, the subject shows mild early signs of a disorder of his thought processes. He has poor ability to organize his thinking, he seems unable to scan or summarize his thought, becoming involved and sometimes lost in detail, and some of his thinking reflects a ‘magical’ quality, a disregard of reality. He has had few close emotional relationships with other people, and these have not been able to stand small crises. He has little feeling for others outside a very small circle of friends, and attaches little real value to human life. This emotional detachment and blandness in certain areas is other evidence of his mental abnormality. More extensive evaluation would be necessary to make an exact psychiatric diagnosis, but his present personality structure is very nearly that of a paranoid schizophrenic reaction.”
It is significant that a widely respected veteran in the field of forensic psychiatry, Dr. Joseph Satten of the Menninger Clinic in Topeka, Kansas, consulted with Dr. Jones and endorsed his evaluations of Hickock and Smith. Dr. Satten, who afterward gave the case close attention, suggests that though the crime would not have occurred except for a certain frictional interplay between the perpetrators, it was essentially the act of Perry Smith, who, he feels, represents a type of murderer described by him in an article: “Murder Without Apparent Motive—A Study in Personality Disorganization.”
The article, printed in The American Journal of Psychiatry (July, 1960), and written in collaboration with three colleagues, Karl Menninger, Irwin Rosen, and Martin Mayman, states its aim at the outset: “In attempting to assess the criminal responsibility of murderers, the law tries to divide them (as it does all offenders) into two groups, the ‘sane’ and the ‘insane.’ The ‘sane’ murderer is thought of as acting upon rational motives that can be understood, though condemned, and the ‘insane’ one as being driven by irrational senseless motives. When rational motives are conspicuous (for example, when a man kills for personal gain) or when the irrational motives are accompanied by delusions or hallucinations (for example, a paranoid patient who kills his fantasied persecutor), the situation presents little problem to the psychiatrist. But murderers who seem rational, coherent, and controlled, and yet whose homicidal acts have a bizarre, apparently senseless quality, pose a difficult problem, if courtroom disagreements and contradictory reports about the same offender are an index. It is our thesis that the psychopathology of such murderers forms at least one specific syndrome which we shall describe. In general, these individuals are predisposed to severe lapses in ego-control which makes possible the open expression of primitive violence, born out of previous, and now unconscious, traumatic experiences.”
The authors, as part of an appeals process, had examined four men convicted of seemingly unmotivated murders. All had been examined prior to their trials, and found to be “without psychosis” and “sane.” Three of the men were under death sentence, and the fourth was serving a long prison sentence. In each of these cases, further psychiatric investigation had been requested because someone—either the lawyer, a relative, or a friend—was dissatisfied with the psychiatric explanations previously given, and in effect had asked, “How can a person as sane as this man seems to be commit an act as crazy as the one he was convicted of?” After describing the four
