In Cold Blood - 22

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, hyperalert 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 criminals and their crimes (a Negro soldier who mutilated and dismembered a prostitute, a laborer who strangled a fourteen-year-old boy when the boy rejected his sexual advances, an Army corporal who bludgeoned to death another young boy because he imagined the victim was making fun of him, and a hospital employee who drowned a girl of nine by holding her head under water), the authors surveyed the areas of similarity. The men themselves, they wrote, were puzzled as to why they killed their victims, who were relatively unknown to them, and in each instance the murderer appears to have lapsed into a dreamlike dissociative trance from which he awakened to “suddenly discover” himself assaulting his victim. “The most uniform, and perhaps the most significant, historical finding was a long-standing, sometimes lifelong, history of erratic control over aggressive impulses. For example, three of the men, throughout their lives, had been frequently involved in fights which were not ordinary altercations, and which would have become homicidal assaults if not stopped by others.”

Here, in excerpt, are a number of other observations contained in the study: “Despite the violence in their lives, all of the men had ego-images of themselves as physically inferior, weak, and inadequate. The histories revealed in each a severe degree of sexual inhibition. To all of them, adult women were threatening creatures, and in two cases there was overt sexual perversion. All of them, too, had been concerned throughout their early years about being considered ‘sissies,’ physically undersized or sickly. . . . In all four cases, there was historical evidence of altered states of consciousness, frequently in connection with the outbursts of violence. Two of the men reported severe dissociative trancelike states during which violent and bizarre behavior was seen, while the other two reported less severe, and perhaps less well-organized, amnesiac episodes. During moments of actual violence, they often felt separated or isolated from themselves, as if they were watching someone else. . . . Also seen in the historical background of all the cases was the occurrence of extreme parental violence during childhood. . . . One man said he was ‘whipped every time I turned around.’ . . . Another of the men had many violent beatings in order to ‘break’ him of his stammering and ‘fits,’ as well as to correct him for his allegedly ‘bad’ behavior. . . . The history relating to extreme violence, whether fantasied, observed in reality, or actually experienced by the child, fits in with the psychoanalytic hypothesis that the child’s exposure to overwhelming stimuli, before he can master them, is closely linked to early defects in ego formation and later severe disturbances in impulse control. In all of these cases, there was evidence of severe emotional deprivation in early life. This deprivation may have involved prolonged or recurrent absence of one or both parents, a chaotic family life in which the parents were unknown, or an outright rejection of the child by one or both parents with the child being raised by others. . . . Evidence of disturbances in affect organization was seen. Most typically the men displayed a tendency not to experience anger or rage in association with violent aggressive action. None reported feelings of rage in connection with the murders, nor did they experience anger in any strong or pronounced way, although each of them was capable of enormous and brutal aggression. . . . Their relationships with others were of a shallow, cold nature, lending a quality of loneliness and isolation to these men. People were scarcely real to them, in the sense of being warmly or positively (or even angrily) felt about. . . . The three men under sentence of death had shallow emotions regarding their own fate and that of their victims. Guilt, depression, and remorse were strikingly absent. . . . Such individuals can be considered to be murder-prone in the sense of either carrying a surcharge of aggressive energy or having an unstable ego defense system that periodically allows the naked and archaic expression of such energy. The murderous potential can become activated, especially if some disequilibrium is already present, when the victim-to-be is unconsciously perceived as a key figure in some past traumatic configuration. The behavior, or even the mere presence, of this figure adds a stress to the unstable balance of forces that results in a sudden extreme discharge of violence, similar to the explosion that takes place when a percussion cap ignites a charge of dynamite. . . . The hypothesis of unconscious motivation explains why the murderers perceived innocuous and relatively unknown victims as provocative and thereby suitable targets for aggression. But why murder? Most people, fortunately, do not respond with murderous outbursts even under extreme provocation. The cases described, on the other hand, were predisposed to gross lapses in reality contact and extreme weakness in impulse control during periods of heightened tension and disorganization. At such times, a chance acquaintance or even a stranger was easily able to lose his ‘real’ meaning and assume an identity in the unconscious traumatic configuration. The ‘old’ conflict was reactivated and aggression swiftly mounted to murderous proportions. . . . When such senseless murders occur, they are seen to be an end result of a period of increasing tension and disorganization in the murderer starting before the contact with the victim who, by fitting into the unconscious conflicts of the murderer, unwittingly serves to set into motion his homicidal potential.”

Because of the many parallels between the background and personality of Perry Smith and the subjects of his study, Dr. Satten feels secure in assigning him to a position among their ranks. Moreover, the circumstances of the crime seem to him to fit exactly the concept of “murder without apparent motive.” Obviously, three of the murders Smith committed were logically motivated—Nancy, Kenyon, and their mother had to be killed because Mr. Clutter had been killed. But it is Dr. Satten’s contention that only the first murder matters psychologically, and that when Smith attacked Mr. Clutter he was under a mental eclipse, deep inside a schizophrenic darkness, for it was not entirely a flesh-and-blood man he “suddenly discovered” himself destroying, but “a key figure in some past traumatic configuration”: his father? the orphanage nuns who had derided and beaten him? the hated Army sergeant? the parole officer who had ordered him to “stay out of Kansas”? One of them, or all of them.

In his confession, Smith said, “I didn’t want to harm the man. I thought he was a very nice gentleman. Softspoken. I thought so right up to the moment I cut his throat.” While talking to Donald Cullivan, Smith said, “They [the Clutters] never hurt me. Like other people. Like people have all my life. Maybe it’s just that the Clutters were the ones who had to pay for it.”

So it would appear that by independent paths, both the professional and the amateur analyst reached conclusions not dissimilar.





The aristocracy of Finney County had snubbed the trial. “It doesn’t do,” announced the wife of one rich rancher, “to seem curious about that sort of thing.” Nevertheless, the trial’s last session found a fair segment of the local Establishment seated alongside the plainer citizenry. Their presence was a courteous gesture toward Judge Tate and Logan Green, esteemed members of their own order. Also, a large contingent of out-of-town lawyers, many of whom had journeyed great distances, filled several benches; specifically, they were on hand to hear Green’s final address to the jury. Green, a suavely tough little septuagenarian, has an imposing reputation among his peers, who admire his stagecraft—a repertoire of actorish gifts that includes a sense of timing acute as a night-club comedian’s. An expert criminal lawyer, his usual role is that of defender, but in this instance the state had retained him as a special assistant to Duane West, for it was felt that the young county attorney was too unseasoned to prosecute the case without experienced support.

But like most star turns, Green was the last act on the program. Judge Tate’s level-headed instructions to the jury preceded him, as did the county attorney’s summation: “Can there be a single doubt in your minds regarding the guilt of these defendants? No! Regardless of who pulled the trigger on Richard Eugene Hickock’s shotgun, both men are equally guilty. There is only one way to assure that these men will never again roam the towns and cities of this land. We request the maximum penalty—death. This request is made not in vengeance, but in all humbleness. . . .”

Then the pleas of the defense attorneys had to be heard. Fleming’s speech, described by one journalist as “soft-sell,” amounted to a mild churchly sermon: “Man is not an animal. He has a body, and he has a soul that lives forever. I don’t believe man has the right to destroy that house, a temple, in which the soul dwells. . . .” Harrison Smith, though he too appealed to the jurors’ presumed Christianity, took as his main theme the evils of capital punishment: “It is a relic of human barbarism. The law tells us that the taking of human life is wrong, then goes ahead and sets the example. Which is almost as wicked as the crime it punished. The state has no right to inflict it. It isn’t effective. It doesn’t deter crime, but merely cheapens human life and gives rise to more murders. All we ask is mercy. Surely life imprisonment is small mercy to ask. . . .” Not everyone was attentive; one juror, as though poisoned by the numerous spring-fever yawns weighting the air, sat with drugged eyes and jaws so utterly ajar bees could have buzzed in and out.

Green woke them up. “Gentlemen,” he said, speaking without notes, “you have just heard two energetic pleas for mercy in behalf of the defendants. It seems to me fortunate that these admirable attorneys, Mr. Fleming and Mr. Smith, were not at the Clutter house that fateful night—very fortunate for them that they were not present to plead mercy for the doomed family. Because had they been there—well, come next morning we would have had more than four corpses to count.”

As a boy in his native Kentucky, Green was called Pinky, a nickname he owed to his freckled coloring; now, as he strutted before the jury, the stress of his assignment warmed his face and splotched it with patches of pink. “I have no intention of engaging in theological debate. But I anticipated that defense counsel would use the Holy Bible as an argument against the death penalty. You have heard the Bible quoted. But I can read, too.” He slapped open a copy of the Old Testament. “And here are a few things the Good Book has to say on the subject. In Exodus Twenty, Verse Thirteen, we have one of the Ten Commandments: ‘Thou shalt not kill.’ This refers to unlawful killing. Of course it does, because in the next chapter, Verse Twelve, the penalty for disobedience of that Commandment reads: ‘He that smiteth a man, so that he die, shall be surely put to death.’ Now, Mr. Fleming would have you believe that all this was changed by the coming of Christ. Not so. For Christ says, ‘Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfill.’ And finally—” Green fumbled, and seemed to accidentally shut the Bible, whereupon the visiting legal dignitaries grinned and nudged each other, for this was a venerable courtroom ploy—the lawyer who while reading from the Scriptures pretends to lose his place, and then remarks, as Green now did, “Never mind. I think I can quote from memory. Genesis Nine, Verse Six: ‘Whoso sheddeth man’s blood, by man shall his blood be shed.’

“But,” Green went on, “I see nothing to be gained by arguing the Bible. Our state provides that the punishment for murder in the first degree shall be imprisonment for life or death by hanging. That is the law. You, gentlemen, are here to enforce it. And if ever there was a case in which the maximum penalty was justified, this is it. These were strange, ferocious murders. Four of your fellow citizens were slaughtered like hogs in a pen. And for what reason? Not out of vengeance or hatred. But for money. Money. It was the cold and calculated weighing of so many ounces of silver against so many ounces of blood. And how cheaply those lives were bought! For forty dollars’ worth of loot! Ten dollars a life!” He whirled, and pointed a finger that moved back and forth between Hickock and Smith. “They went armed with a shotgun and a dagger. They went to rob and kill—” His voice trembled, toppled, disappeared, as though strangled by the intensity of his own loathing for the debonair, gum-chewing defendants. Turning again to the jury, he hoarsely asked, “What are you going to do? What are you going to do with these men that bind a man hand and foot and cut his throat and blow out his brains? Give them the minimum penalty? Yes, and that’s only one of four counts. What about Kenyon Clutter, a young boy with his whole life before him, tied helplessly in sight of his father’s death struggle. Or young Nancy Clutter, hearing the gunshots and knowing her time was next. Nancy, begging for her life: ‘Don’t. Oh, please don’t. Please. Please.’ What agony! What unspeakable torture! And there remains the mother, bound and gagged and having to listen as her husband, her beloved children died one by one. Listen until at last the killers, these defendants before you, entered her room, focused a flashlight in her eyes, and let the blast of a shotgun end the existence of an entire household.”

Pausing, Green gingerly touched a boil on the back of his neck, a mature inflammation that seemed, like its angry wearer, about to burst. “So, gentlemen, what are you going to do? Give them the minimum? Send them back to the penitentiary, and take the chance of their escaping or being paroled? The next time they go slaughtering it may be your family. I say to you,” he solemnly said, staring at the panel in a manner that encompassed and challenged them all, “some of our enormous crimes only happen because once upon a time a pack of chickenhearted jurors refused to do their duty. Now, gentlemen, I leave it to you and your consciences.”

He sat down. West whispered to him, “That was masterly, sir.”

But a few of Green’s auditors were less enthusiastic; and after the jury retired to discuss the verdict, one of them, a young reporter from Oklahoma, exchanged sharp words with another newsman, Richard Parr of the Kansas City Star. To the Oklahoman, Green’s address had seemed “rabble-rousing, brutal.”

“He was just telling the truth,” Parr said. “The truth can be brutal. To coin a phrase.”

“But he didn’t have to hit that hard. It’s unfair.”

“What’s unfair?”

“The whole trial. These guys don’t stand a chance.”

“Fat chance they gave Nancy Clutter.”

“Perry Smith. My God. He’s had such a rotten life—”

Parr said, “Many a man can match sob stories with that little bastard. Me included. Maybe I drink too much, but I sure as hell never killed four people in cold blood.”

“Yeah, and how about hanging the bastard? That’s pretty goddam cold-blooded too.”

The Reverend Post, overhearing the conversation, joined in. “Well,” he said, passing around a snapshot reproduction of Perry Smith’s portrait of Jesus, “any man who could paint this picture can’t be one hundred percent bad. All the same it’s hard to know what to do. Capital punishment is no answer: it doesn’t give the sinner time enough to come to God. Sometimes I despair.” A jovial fellow with gold-filled teeth and a silvery widows peak, he jovially repeated, “Sometimes I despair. Sometimes I think old Doc Savage had the right idea.” The Doc Savage to whom he referred was a fictional hero popular among adolescent readers of pulp magazines a generation ago. “If you boys remember, Doc Savage was a kind of superman. He’d made himself proficient in every field—medicine, science, philosophy, art. There wasn’t much old Doc didn’t know or couldn’t do. One of his projects was, he decided to rid the world of criminals. First he bought a big island out in the ocean. Then he and his assistants—he had an army of trained assistants—kidnaped all the world’s criminals and brought them to the island. And Doc Savage operated on their brains. He removed the part that holds wicked thoughts. And when they recovered they were all decent citizens. They couldn’t commit crimes because that part of their brain was out. Now it strikes me that surgery of this nature might really be the answer to—”

A bell, the signal that the jury was returning, interrupted him. The jury’s deliberations had lasted forty minutes. Many spectators, anticipating a swift decision, had never left their seats. Judge Tate, however, had to be fetched from his farm, where he had gone to feed his horses. A hurriedly donned black robe billowed about him when at last he arrived, but it was with impressive sedateness and dignity that he asked, “Gentlemen of the jury, have you reached your verdicts?” Their foreman replied: “We have, Your Honor.” The court bailiff carried the sealed verdicts to the bench.

Train whistles, the fanfare of an approaching Santa Fe express, penetrated the courtroom. Tate’s bass voice interlaced with the locomotive’s cries as he read: “ ‘Count One. We the jury find the defendant, Richard Eugene Hickock, guilty of murder in the first degree, and the punishment is death.’ ” Then, as though interested in their reaction, he looked down upon the prisoners, who stood before him handcuffed to guards; they stared back impassively until he resumed and read the seven counts that followed: three more convictions for Hickock, and four for Smith.

“—and the punishment is death”; each time he came to the sentence, Tate enunciated it with a dark-toned hollowness that seemed to echo the train’s mournful, now fading call. Then he dismissed the jury (“You have performed a courageous service”), and the condemned men were led away. At the door, Smith said to Hickock, “No chicken-hearted jurors, they!” They both laughed loudly, and a cameraman photographed them. The picture appeared in a Kansas paper above a caption entitled: “The Last Laugh?”





A week later Mrs. Meier was sitting in her parlor talking to a friend. “Yes, it’s turned quiet around here,” she said. “I guess we ought to be grateful things have settled down. But I still feel bad about it. I never had much truck with Dick, but Perry and I got to know each other real well. That afternoon, after he heard the verdict and they brought him back up here—I shut myself in the kitchen to keep from having to see him. I sat by the kitchen window and watched the crowd leaving the courthouse. Mr. Cullivan—he looked up and saw me and waved. The Hickocks. All going away. Just this morning I had a lovely letter from Mrs. Hickock; she visited with me several times while the trial was going on, and I wished I could have helped her, only what can you say to someone in a situation like that? But after everybody had gone, and I’d started to wash some dishes—I heard him crying. I turned on the radio. Not to hear him. But I could. Crying like a child. He’d never broke down before, shown any sign of it. Well, I went to him. The door of his cell. He reached out his hand. He wanted me to hold his hand, and I did, I held his hand, and all he said was, ‘I’m embraced by shame.’ I wanted to send for Father Goubeaux—I said first thing tomorrow I’d make him Spanish rice—but he just held my hand tighter.

“And that night, of all nights, we had to leave him alone. Wendle and I almost never go out, but we had a long-standing engagement, and Wendle didn’t think we ought to break it. But I’ll always be sorry we left him alone. Next day I did fix the rice. He wouldn’t touch it. Or hardly speak to me. He hated the whole world. But the morning the men came to take him to the penitentiary, he thanked me and gave me a picture of himself. A little Kodak made when he was sixteen years old. He said it was how he wanted me to remember him, like the boy in the picture.

“The bad part was saying goodbye. When you knew where he was going, and what would happen to him. That squirrel of his, he sure misses Perry. Keeps coming to the cell looking for him. I’ve tried to feed him, but he won’t have anything to do with me. It was just Perry he liked.”





Prisons are important to the economy of Leavenworth County, Kansas. The two state penitentiaries, one for each sex, are situated there; so is Leavenworth, the largest Federal prison, and, at Fort Leavenworth, the country’s principal military prison, the grim United States Army and Air Force Disciplinary Barracks. If all the inmates in these institutions were let free, they could populate a small city.

The oldest of the prisons is the Kansas State Penitentiary for Men, a turreted black-and-white palace that visually distinguishes an otherwise ordinary rural town, Lansing. Built during the Civil War, it received its first resident in 1864. Nowadays the convict population averages around two thousand; the present warden, Sherman H. Crouse, keeps a chart which lists the daily total according to race (for example, White 1405, Colored 360, Mexicans 12, Indians 6). Whatever his race, each convict is a citizen of a stony village that exists within the prison’s steep, machine-gun-guarded walls—twelve gray acres of cement streets and cell blocks and workshops.

In a south section of the prison compound there stands a curious little building: a dark two-storied building shaped like a coffin. This establishment, officially called the Segregation and Isolation Building, constitutes a prison inside a prison. Among the inmates, the lower floor is known as The Hole—the place to which difficult prisoners, the “hardrock” troublemakers, are now and then banished. The upper story is reached by climbing a circular iron staircase; at the top is Death Row.

The first time the Clutter murderers ascended the staircase was late one rainy April afternoon. Having arrived at Lansing after an eight-hour, four-hundred-mile car ride from Garden City, the newcomers had been stripped, showered, given close haircuts, and supplied with coarse denim uniforms and soft slippers (in most American prisons such slippers are a condemned man’s customary footwear); then armed escorts marched them through a wet twilight to the coffin-shaped edifice, hustled them up the spiral stairs and into two of the twelve side-by-side cells that comprise Lansing’s Death Row.

The cells are identical. They measure seven by ten feet, and are unfurnished except for a cot, a toilet, a basin, and an overhead light bulb that is never extinguished night or day. The cell windows are very narrow, and not only barred but covered with a wire mesh black as a widow’s veil; thus the faces of those sentenced to hang can be but hazily discerned by passers-by. The doomed themselves can see out well enough; what they see is an empty dirt lot that serves in summer as a baseball diamond, beyond the lot a piece of prison wall, and above that, a piece of sky.