SOMNAMBULISM (Lat. somnium, sleep; ambulo, to walk). Sleep-walking.
The mental condition in this affection is not very unlike that of dreaming. Many of their phenomena are the same ; and the former differs from the lat ter chiefly in the larger number of the functions in volved in the abnormal process. In addition to the mental activity common to both, the somnambulist enjoys the use of his senses in some degree, and the power of locomotion. He is thereby enabled to per form manual operations as well, frequently, as in his waking state. Usually, however, the action of the senses is more or less imperfect, many of the impressions being incorrectly or not at all perceived. The person walks against a wall, or stumbles over an object in his path; he mistakes some projections for a horse, strides across it, and imagines himself to be riding ; he hears the faintest sound connected with what he is doing, while the voices of persons near him, and even the blast of a trumpet, are en tirely unnoticed. For the most part, the operations of the somnambulist consist in getting up while asleep, groping about in the dark, endeavoring to make his way out of the house through doors or windows, making some inarticulate sounds, perhaps, and all the while unconscious of persons or things around him. The power of the perceptive faculties, as well as that of the senses, is sometimes increas ed in a wonderful degree.
The somnambulist always awakes suddenly, and has but a faint conception, if any, of what he has been thinking and doing. If conscious of anything, it is of an unpleasant dream imperfectly remem bered. This fact, not being generally known, will often enable us to detect simulated somnambulism. If the person on waking continues the same train of thought and pursues the same plans and purposes which he did while asleep, there can be no doubt that he is feigning the affection. When a real som nambulist, for some criminal purpose, undertakes to simulate a paroxysm, he is not at all likely to imitate one of his own previous paroxysms, for the simple reason that he knows less than others how he appeared while in them. If, therefore, somnam bulism is alleged in any given case, with no other proof than the occurrence of former paroxysms un questionably genuine, it must be viewed with suspi cion if the character of the alleged paroxysm differs materially from that of the genuine ones. In one
way or another, a case of simulation would gener ally be detected by means of a close and intelligent scrutiny, so difficult is it to imitate that mixture of consciousness and unconsciousness, of dull and sharp perceptions, which somnambulism presents. The history of the individual may throw some light on the matter. If he has had an opportunity of witnessing the movements of a somnambulist in the course of his life, this fact alone would rouse suspicion, which would be greatly increased if the alleged paroxysm presented many traits like those of the paroxysms previously witnessed.
The legal consequences of somnambulism should be precisely those of insanity, which it so nearly resembles. The party should be exempt from punishment for his criminal acts, and be held amenable in damages for torts and trespasses. Somnambulism, though possibly not technical insanity, will some times have the same effect as excusing crime; Fain v. Com., 78 Ky. 183, 39 Am. Rep. 213 ; 1 Bish. N. Cr. L. § 395; "simply because the person committing it would not know what he was doing ;" Stephen, J., in 23 Q. B. D. 168. The only possible exceptions to this principle are to be found in those cases where the somnambulist, by meditating long on a criminal act while awake, is thereby led to commit it in his next paroxysm. Hoffbauer contends that, such being generally the fact, too much indulgence ought not to be shown to the criminal acts of the somnambulist. Die Psychologie, etc., c. 4, art. 2. But sure ly this is a rather refined and hazardous speculation, and seems like punishing men solely for bad intentions,—because the acts, though ostensibly the ground of punishment, are actually those of a person deprived of his reason. The truth is, however, that criminal acts have been committed in a state of somnambulism by persons of irreproacha ble character. Tayl. Med. Jur. 744. See Gray, Med. Jur. 265 ; Whart. & S. Med. Jur. § 492; Rush on the Mind 302 ; 18 Am. Journ. of Ins. 236. Tirrell's Case, Mass.
SON. An immediate male descendant. In its technical meaning in devises, this is a word of purchase ; but the testator may make it a word of descent. Sometimes it is extended to more remote descendants. 2 Des. 123, n.