This page of law implies that abuses of hypnosis had been tried in courts and that a recognition of an element of unspoken commnication between the hypnotist and subject existed. The definition with the inclusion of "telepathic power" sets a level of legal awareness from 1933.
Another source of reference supporting both the potential for unconscious hypnosis as well as telepathy that is derived from modern clinical studies of psychology and hypnosis. One compiled source from 1961, EMOTIONS and MEMORY by David Rapaport, has sobering implications with regard to the natural tendancy of a hypnotic subject to be unable to recall the hypnosis afterwards.
Motion for Emergency Injunctive Relief
Federal Complaint 99-11189