peared to be post mortem. It further appeared that violation had been committed both before and after death.

The instrument used was an ordinary table knife. The knife was broben off nearly to the handle, and several pieces were found imbedded in the various wounds.

In the corner of the room where Miss C's body was found, there were blood spurts on the wall, extending as high as the gas fixture, and a large blood spot on the floor appeared to have been a pool of blood.

THE CIRCUMSTANCES CONNECTING A WITH MURDERS.

About 5 p. m., Wednesday, April 3rd, the organist came to the church and began to practice a piece on the piano in the Sunday school room. He had not been there over two or three minutes when A appeared with hair somewhat dishevelled, neither coat nor hat on and vest unbuttoned, standing and looking at the organist, who asked A why he seemed so pale. A said he had been overcome with gas. He sent the organist out to get some bromoseltzer. A's eyes were congested somewhat; the bromoseltzer nauseated A instead of helping him.

A told the organist that he had met Miss B that morning and had ridden with her to the high school. A and the organist left the church together. Other evidence tended to show that A arrived at the church with Miss B about 4 p. m., or a little after and remained there until 5 p. m., when he met the organ ist. While the evidence was wholly circumstantial, the jury were convinced that between the hours of 4 and 5 p. m. of that day, he murdered Miss B.

A had known Miss B for six months or more, and had waited upon her perhaps as much as any of her gentlemen friends, but he was not pressing in his attentions. Miss C was twenty-one years of age, small of stature, weighing about ninety pounds. She was cheerful in disposition and her character beyond reproach.

Acording to the evidence in possession of the officers of the law, Miss C and A were near the church on April 12, about 8 o'clock in the evening, engaged in an earnest conversation. A appeared to be pleading and C protesting, so much so, that a stranger near by, thought A was conducting himself improperly and was about to interfere, when C took A's arm and went with him to the church. In about an hour afterwards A came out of the church alone, and went to a social gathering arriving about 9:30 that evening. His hair was somewhat dishevelled, perspiration was on his forehead, and his hands were slightly dirty, so that he asked permission to wash them. Then he joined the company, acting in no way to create any suspicion. On the next morn

ing (April 13) as before stated, the mutilated body of Miss C was found in a small room adjoining the library of the church.

In both these murders, the stubborn fact, that suspicion could be thrown upon no one else but A, stood out in its boldness.

REMARKS OF A ON THE SCAFFOLD.

On ascending the scaffold, and after being placed in position, A made the following remarks:

"To those who wish me to say something, I will say that I have no animosity toward any except those who have hounded and persecuted me to my death for a crime that never stained my hands, and I forgive them as I hope to be forgiven. The crime was fastened on me by the press of San Fran cisco, but I forgive all. It is they, who have forever blackened the fair name of California by putting to death this innocent boy. Whether the perpetrators of this crime will ever be discovered matters little how to me. All I can say is, that I am innocent, and I want those who have circulated the report that I had a sensation to spring, to hear it. For the last time on earth, I declare my innocence before God to whom I now go. He knows the heart and reads the mind, and He will judge me not as I was judged here, but as I should be judged."

While the prisoner refused to take any stimulants and showed great courage up to the last, his final remarks on the scaffold seemed more like a

recitation, than a spontaneous expression of thought from an innocent man.

CONCLUSION.

These cases are undoubtedly ones of sadistic murder. The evidence of this is stronger in the second victim, Miss C, whose body was mutilated before death, as indicated in the blood spurts on the walls and the pool of blood on the floor, where she was found. In the case of the first victim, Miss B, the nail imprints about the neck, the blood stains on the lower floor of the belfry and on the large frame there, indicate that had there been a thorough examination made of these surroundings, still further signs pointing to the lustful side of the murder might have been found, notwithstanding the fact that it was nine days after the murder had been committed, making the blood marks much less distinct.

As A was a medical student he would have naturally taken the greatest precautions not to leave any traces of blood on his clothes, and may have also, as far as time would permit (he had not more than an hour in each case) destroyed some of the traces of blood on the surrounding objects.

MOTIVE.

It seemed to have been assumed in the trial, that there were only three available theories as to the motive for the murder: First, pure desire for blood as manifested in cruelty; or second, a sudden anger arising from refusal to accede to improper proposal and threat to expose; or third, murder to destroy the victim of rape. As A had never before manifested any brutality, the supposition of thirst for blood for its own sake, or pure cruelty, would be very improbable. As to the second motive, of sudden anger this also would be impossible, from what is known of A's character. The third supposition to destroy the victim of rape, is equally improbable for a man of A's type, and especially one who had a medical training.

THE REAL MOTIVE.

There is but one motive that will explain these murders, it is the abnormal and intense sexual passion, a form of sadism, that takes extreme pleasure, sometimes in merely choking, without necessarily causing death; if the passion be not satisfied, the choking is liable to be continued until death ensues, as in the case of Miss B. If the passion still remains unappeased, cutting and mutilating of the victim's body before and after death may be carried on almost to any extreme. Or the choking may be continued just enough to make the victim helpless and prevent her from making any noise, and then wounds, often superficial at first, may be inflicted on the living body, causing the flow or spurting of fresh blood. If the passion be still unsatisfied, the wounds are generally made deeper, causing the blood to flow or spurt in larger quantities, as appeared in the case of Miss C. These seem to be the two ways, as indicated by the evidence which was employed; and this without regard to whether the murderer be known or not. Choking, strangling or wounding the body, before and after death, are per haps the most frequent of the many methods of satisfying the extreme stages of sadistic excitement. Sadistic monsters not only differ greatly in their ways of satisfying passion, but often the same monster will voluntarily, or from necessity, employ methods varying according to his own nature or that of his victim, or according to place or surroundings where crime is committed. Also limited time, or fear of being caught, may prevent the monster from carrying out his atrocities. It may be remarked in passing that the so-called "Jack the Slasher," who cuts women's garments, and Jack the Vitriol Thrower," have the same sadistic sexual passion as their motive, but expressed in less violent forms. The various ways of appeasing sadistic passion are almost infinite in number.

APPARENT MYSTERY.

How can a young man, of good reputation, polite and modest, especially in his conduct towards women, begin to commit such atrocious crimes? It is probable, that if A's crimes had remained un

discovered a week longer, he would have sought

more victims, and would not have ceased until discovery or fear of discovery caused him to. Had he known or felt such sadistic impulses during childhood or youth, he would in all probability have manifested them. He probably had these feelings or impulses some time, before actually carrying them into effect; he may have struggled against them at first; then he may have yielded to them in some very slight way; and it may be in the case of his first victim, that he had no intention of murder, but having aroused his sadistic passion, he was unable to resist it, until its complete satisfaction, a fact that has frequently been confessed by sadistic criminals. (See below.) In the case of his second

victim, however, he probably intended to satisfy his sadistic nature at almost any cost to the victim; he plead with her to come into the church with him. A was careful and cautious of nature, as his conduct during his trial showed. It is not probable, therefore, that he intended to kill his first victim, as suggested, for he would know that the body would be discovered eventually and suspicion be cast upon him. Hence the removing the body and clothes out of the way as far as possible, the breaking of the knobs on the door, so that it would be necessary to force an entrance into the belfry. But in the case of his second victim, no such precautions seem to have been taken. His monster sadistic passion may have gained complete control of him, absorbing his mind so that he was oblivious to almost everything else, a fact often confessed by sadists of this type. A man like A, with a medical training and having such a passion, would naturally keep it an absolute, secret, and this with his previous good reputation would help to protect him from suspicion.

MILD FORMS OF SADISM.

In order to comprehend more fully the crimes of A, it may be useful to mention a few examples, illustrating milder forms of sanguinary sadism, betore citing cases, similar in certain respects to his own.

There is the case of the boy, who experienced sexual feeling by viewing a picture of a battle scene. It is known that after battles, especially where much blood is shed, the soldiers are sometimes seized with strong sexual impulses. Some

Krafft-Ebing 3 reports a case of a young man, twenty-five years of age, who at eighteen, experienced a voluptuous feeling from seeing blood come from a wound in his own finger; he would often cut his fingers in order to cause this feeling. Finally this had no effect, but the sight of blood from the finger of a young woman, especially one sympathetic with him, gave him great pleasure, and it was with difficulty that he refrained from wounding his two girl cousins. His imagination was haunted with ideas of blood, which gave him voluptuous emotions.

A surgeon confessed to the writer, that while read. ing in a surgical work a description of the puncturing of a festered wound, he found himself to his astonishment, in a state of sexual excitement.

Another case 4 (studied by the writer), was that of a youth of sixteen, who confessed to a strong sexual excitation being caused by reading in a newspaper the details of a brutal wife murder.

EXTREME FORMS OF SADISM.

Lombroso 5 reports cases illustrating several phases of sadistic murder, where two of the victims were found naked, the monster confessing, that as soon as he grasped his victim by the neck, intense sexual sensations were experienced; usually simply choking his subjects satisfied him, but if sexual satisfaction was delayed, he continued the choking until death. This was probably A's experience with his first victim. Another case was that of a married man, father of several children, who up to thirty years of age had led an exemplary life, and then suddenly began to strangle women, murdering six during a space of ten years. Some he did not violate; others he would abuse before murdering them. He was very cautious; his good reputation doubtless helped him to remain undiscovered so long. One of his victims was young robust woman; he walked and conversed with her on the road, and then suddenly grasped her by the throat, holding her hands and offering her money if she would submit to him. On her refusing, he drew a knife and stabbed her in the chest and continued to wound her, after violating her. When arrested, he denied having committed the crime. Sub

a

2 Beitraege zur Aetiologie der Psychopathia Sexualis, S. 46.

3 Psychopathia sexualis.

4 Le Criminel Type dans quelques formes graves, etc. Bibliographie de sexualite pathological. Paris, 1895.

5 Goltdammer's Archiv. XXX, p. 13.

remorse.

Another case (published by the writer) was that of a sexton of a church, thirty years of age, a married man with family, and of good reputation, who on the scaffold confessed to having intense sexual excitation from braining a little girl in the belfry of the church; he also had brained a woman twentyeight years of age. He did not violate either of his victims. His confession was most horrible and loathAs in the case of A, his lawyer had felt absolutely convinced of his innocence.

some.

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Some Recent New York Decisions Concerning the Insolvency of Building Loan Associations.

BY ALFRED L. BECKER, OF THE BUFFALO (N. Y.) BAR. Only in the insolvency of building loan associations do questions usually arise demanding adjudication respecting the rights of shareholders to the fund of an insolvent corporation. And this, of course, is because most other corporations are not insolvent until the stock contributions are exhausted, while building loan corporations are insolvent when such contributions are in the least impaired. (People v. New York Building-Loan Banking Company, 41 Misc. 363.)

It is the main purpose of this article to discuss some recent excellently reasoned New York decisions of such questions.

A stumbling block frequently in the way of systematizing the case-law of building loan associations exists in that many decisions turn upon peculiar language of the contract, as expressed in the share certificate, a borrowing member's mortgage, the articles of association, or a governing statute. Apparent contradictions in the cases can often thus be reconciled, but on the other hand the force of the judicial opinions as general precedents is thereby diminished. A series of late New York cases have, however, laid down the law of several situations commonly arising upon the insolvency of building loan associations in a manner probably of general application.

It will not hereafter be necessary to examine the multitude of conflicting and often crudely reasoned decisions of other jurisdictions in order to discover what the law is in New York State.

I.

BORROWING MEMBERS.

In brief, the problem as to borrowing members which arises upon insolvency and receivership is this. Under contracts differing non-essentially in different associations, certain members who subscribe for shares in the society receive advances upon their

shares and usually other security, while other such members do not. How are their relative rights to be adjusted upon insolvency and a termination of the association's business?

It is true, of course, that building loan associations have undergone an evolution from small beginnings to large activities. The borrowing member in a large association does not really bid for an advance and his attitude towards the society becomes distinct from that of an investing or non-borrowing member. In the prototype of the building loan association, a number of persons coming together, made periodical contributions to a fund, and whenever enough had been accumulated to build a house for some member, the association selected which member should have the loan by receiving bids in the way of premium or by lot. Such primitive societies practically no longer exist. So-called permanent associations have taken their place, in which the attitude of the borrowing member is usually that of a borrower primarily, and of a member secondarily. He obtains his loan at the same time that he becomes a member, and his subscription for installment shares from his point of view and in fact is merely an incident of the transection. He chooses to borrow on the building loan plan, because he believes that the high rate he pays for any advance (amounting to an usurious rate of interest) will prove an advantage since the maturity of his shares will in the end pay off all indebtedness on his property; or because the security of his property is so risky and insufficient that he cannot obtain a loan elsewhere.

Nevertheless, it should be firmly kept in mind that this evolution or transformation of building loan associations from private friendly societies to public banking and loan corporations exerts no effect upon the legal rights of members. Their contracts are still formulated and judicially construed upon the same theory of mutuality as originally. The borrowing members do not attain the status of strangers to the investing members, but remain their fellows, and upon insolvency the courts strive so to construe their respective contractual rights as to put into effect between them the maxim, "equality is equity."

One important fundamental effect of this doctrine of mutuality is that the insolvency of the association and its dissolution are not treated as a breach of any member's contract, entitling him to an advantage in rescission as against other members. All the contracts of members are simply thenceforth dissolved. Their respective rights are adjusted upon a basis which is in a certain sense of an equitable nature, but which, considering the effect of the recent decisions, may more accurately be stated thus: That upon insolvency the courts enforce the contracts of all members, borrowing or otherwise, up to the

date of the receivership, when the operations of the association are terminated. The courts determine the obligations of the association to its members and of the members to the association as they ought to appear on the books of the company written up to that day. What the member owes he pays in full. What the association owes to him in his capacity as shareholder it pays in full if the assets are sufficient, otherwise such ratable share thereof as the available assets after winding up will pay. Thus the courts avoid giving any such advantage to the borrowing members over the investing members, as would be given if a rescission of the contract of a borrowing member dating back to its inception were permitted, on the theory of a breach. By relegating each class to its rights against the fund as a shareholder only, equality is enforced among all.

Consider for example the borrowing member's contract of the New York Building-Loan Banking Company. It was construed by Mr. Justice Gaynor most ably and most lucidly in Preston v. Lamano, 46 Misc. 304, and he was sustained by the Appellate Division, Second Department in Preston v. Reinhart, 109 App. Div. 781, and by the Court of Appeals in Preston v. Rockey, 185 N. Y. 186. The contract was of a special type but the principles laid down by each of these courts are of general application. In all the cases the facts disclosed that the owner of a property gave a "blanket mortgage" to the Building-Loan Company equalling in amount the total of the following items: (1) the advance by the company; (2) the prior mortgage; (3) the premium figured according to the usages of the company on the last two items both treated as loans. Such borrower also was obliged to become a member by subscribing for installment shares to an amount equal when matured to par, to the face value of the mortgage, and in theory the advance was made upon these shares. The borrower further obligated himself (1) to pay six per cent, interest on the mortgage, (2) to pay the monthly dues on the stock and any fines thereon, and (3) to pay the taxes, insurance premiums, etc. The company agreed that (1) it would pay the interest on the prior mortgage, and (2) that when the stock with accretions was worth par it would pay off all indebtedness on the property.

Let us assume that an adjustment with such borrowing member is made upon the first day of the receivership. What are the respective rights of member and company? (or what amounts to the same thing, of borrowing and non-borrowing mem bers?) The borrowing member's first contention in each of the cases cited was that he ought to be credited with, that is, to recover, all the sums which he had paid on account of the premium. For example, in the Reinhart case the bond and mortgage was

for the sum of $4,533, the par value also of the stock subscribed for, which amount was obtained as follows: Cash advanced by the corporation, $1,100; underlying mortgages, $3,100; premium charged on the loan, $733; making a total of $4,933, from which was deducted $400 paid in the beginning by the member, leaving $4,533. On this premium of $733, as well as on the rest of the items the member paid six per cent. interest. He was obliged to subscribe for $733 par value of stock in addition to stock equal to the other items, and paid monthly dues on such $733 of stock. Reinhart claimed that inasmuch as the company had failed to carry out the contract on its part, the consideration for the $733 premium had failed and he was entitled to rescind the contract from the beginning, to the extent of recovering back all the interest he had paid on the $733 of premium and all the dues he had paid on the $733 of stock.

The courts in the three cases cited held that the the rescission must take effect only from the date of the receivership, and that the member would not. be entitled to relief from any payments due under the contract prior thereto.

It appeared further in some of the cases cited that the interest on the prior mortgages was only five per cent. This the company paid. It received from the member six per cent. on the entire face of its blanket mortgage, which included the prior mortgages. Therefore the company made a profit of one per cent. on the payment of interest on the prior mortgages. The borrowing members maintained that this profit was also a part of the executed consideration of the contract of which there had been a breach, and that they were entitled to recover it. The courts denied this | relief on the same ground as the previous one, that rescission could only operate from the date of the receivership.

The rule that the contract is to be rescinded as of the date of the receivership only and the account stated as of that date, leads therefore, to the following results:

(1) The principal of the bond and mortgage falls out of the reckoning by the rescission.

principal by the company falls out of the reckoning. (2) The prior mortgage not yet paid as to the (3) The gross premium, if any, falls out of the reckoning.

(4) The company recovers the cash advance made by it in full.

(5) The member and the company each makes all the payments due to be made by each up to the date of rescission, which is the date of the receivership mium, surplus interest on prior mortgages, dues on (including payments on account of interest on prestock representing premium, dues on stock representing prior mortgages).

The court applied the same rule even where the company made no cash advance whatever, in People v. New York Building Loan Banking Company, (113 App. Div. 140.)

It is believed that however the contracts of borrowing members with associations may vary, the above rules will be found applicable, so long as the contracts in the main follow the building loan association scheme.

Thus, in Roberts v. Cronk (94 App. Div. 171, affirmed without opinion in 182 N. Y. 546) the face of the mortgage included only the prior mortgage and the cash advance by the Company, no gross premium. The member subscribed to stock equalling in par value the face of the mortgage. The member agreed to pay the interest on the mortgage, the dues on the stock, and in addition 25 cents per month denominated as premium on the stock".

Applying the rules as stated above, we may give the decision as follows:

(1) The prior mortgage not yet paid as to the principal by the company falls out of the reckoning;

(2) No gross premium having been agreed to be paid, we are only concerned with the monthly pre

mium;

spect more advantageously than non-borrowing shareholders.

(3) The company recovers the cash advance made by it in full.

(4) The member and the company each makes all the payments due to be made up to the date of rescission. The premium payments made are therefore not recovered by the member.

632), and Breed v. Ruoff (54 App. Div. 142). Hall v. Stowell (75 App. Div. 21), is of the same effect