Part 21 (1/2)
”I mean when he had completely recovered from one fit and before the next came on,” explained counsel.
”I quite agree with that,” replied the witness.
”How long does it usually take for a man to recover from an attack of epilepsy?”
”It depends on the severity of the attack.”
”Well, take an attack serious enough to cause a man to commit murder.”
”It may take hours-five or six hours. He would certainly be drowsy and heavy for three or four hours afterwards.”
”But not longer-he would not show symptoms for thirty-six hours?”
”Certainly not.”
”Then, may I take it from you, doctor, that after the five or six hours recovery after a bad attack an epileptic might show no signs of the disease-not even to medical eyes-till the next attack?”
”I should say so,” replied the witness. ”But I am not an authority on mental diseases.”
”Thank you.”
The next witness was Dr. Gilbert Horbury, who described himself as medical officer of His Majesty's prison, Norwich, and formerly medical officer of the London detention prison. In reply to Sir Herbert Templewood, he said he had had much experience in cases of insanity and alleged insanity. He had had the accused in the present case under observation since the time he had been brought to the gaol. He was very taciturn, but he was quiet and gentlemanly in his behaviour. His temperature and pulse were normal, but he slept badly, and twice he complained of pains in the head. Witness attributed the pains in the head to the effect of sh.e.l.l-shock. He had seen no signs which suggested, to his mind, that prisoner was an epileptic. In reply to a direct question by Sir Herbert Templewood, he expressed his deliberate professional opinion that the accused was not suffering from epilepsy in any form. Epilepsy did not start off with a bad attack ending in violence-or murder. There were premonitory symptoms and slight attacks extending over a considerable period, which must have manifested themselves, particularly in the case of a man who had been through an arduous military campaign. His illness might have had a bad effect on the brain, but if it had led to mental disease he would have expected it to show itself before.
From this point of view the witness, a dour, grey figure of a man, refused to be driven by cross-examination. His many professional years within the sordid atmosphere of gaol walls had taught him that most criminals were malingerers by instinct, and that pretended insanity was the commonest form of their imposition to evade the consequence of their misdeeds. The number of false cases which had pa.s.sed through his hands had led him to the very human conclusion that all such defences were merely efforts to defraud the law, and, as a zealous officer of the law, he took a righteous satisfaction in discomfiting them, particularly when-as in the present instance-the defence was used to s.h.i.+eld an accused of some social standing. For Dr. Horbury's political tendencies were levelling and iconoclastic, and he had a deep contempt for caste, t.i.tles, and monarchs.
He was too sophisticated as a witness to walk into Mr. Middleheath's trap and contradict Sir Henry's evidence directly, but he contrived to convey the impression that his own observation of accused, covering a period of nine days, was a better guide for the jury in arriving at a conclusion as to the accused's state of mind than Sir Henry's opinion, formed after a single and limited opportunity of diagnosing the case. He also managed to infer, in a gentlemanly professional way, that Sir Henry Durwood was deservedly eminent in the medical world as a nerve specialist, rather than as a mental specialist, whereas witness's own experience in mental cases had been very wide. He talked learnedly of the difficulty of diagnosing epilepsy except after prolonged observation, and cited lengthily from big books, which a court constable brought into court one by one, on symptoms, reflex causes, auras, grand mal, pet.i.t mal, Jacksonian epilepsy, and the like.
The only admission of any value that Mr. Middleheath could extract from Dr. Horbury was a statement that while he had seen no symptoms in the prisoner to suggest that he was an epileptic, epileptics did not, as a rule, show symptoms of the disease between the attack.
”Therefore, a.s.suming the fact that Penreath is subject to epilepsy, you would not necessarily expect to find any symptoms of the disease during the time he was awaiting trial?” asked Mr. Middleheath, eagerly following up the opening.
”Possibly nothing that one could swear to,” rejoined the witness, in an exceedingly dry tone.
Mr. Middleheath essayed no more questions, but got the witness out of the box as quickly as possible, trusting to his own address to remove the effect of the evidence on the mind of the jury. At the outset of that address he pointed out that the case for the Crown rested upon purely circ.u.mstantial evidence, and that n.o.body had seen the prisoner commit the murder with which he was charged. The main portion of his remarks was directed to convincing the jury that the prisoner was the unhappy victim of epileptic attacks, in which he was not responsible for his actions. He scouted the theory of motive, as put forward by the Crown. It was not fair to suggest that the Treasury note which the accused paid to the servant at the inn was necessarily part of the dead man's money which had disappeared on the night of the murder and had not since been recovered. The fact that the accused had been turned out of the Grand Hotel, for not paying his hotel bill, was put forward by the Crown to show that he was in a penniless condition, but that a.s.sumption went too far. It might well be that a man in the accused's social standing would have a pound or two in his pocket, although he might not be able to meet an hotel bill of 30.
”Can you conceive this young man, this gallant soldier, this heir to an old and honourable name, with everything in life to look forward to, committing an atrocious murder for 300?” continued Mr. Middleheath. ”The traditions of his name and race, his upbringing, his recent gallant career as a soldier, alike forbid the sordid possibility. Moreover, he had no need to commit a crime to obtain money. His father, his friends, or the woman who was to be his wife, would have instantly supplied him with the money he needed, if they had known he was in want. To a young man in his station of life 300 is a comparatively small sum. Is it likely that he would have committed murder to obtain it?”
”On the other hand, the prisoner's actions, since returning to England, strongly suggest that his mind has been giving way for some time past. He was invalided from the Army suffering from sh.e.l.l-shock, with the result that his const.i.tution became weakened, and the fatal taint of inherited epilepsy, which was in his blood, began to manifest itself. His family doctor and his fiancee have told you that his behaviour was strange before he left for Norfolk; since coming to Norfolk it has been unmistakably that of a man who is no longer sane. Was it the conduct of a sane man to conceal his whereabouts from his friends, and stay at an hotel without money till he was turned out, when he might have had plenty of money, or at all events saved himself the humiliation of being turned out of the hotel, at the cost of a telegram? And why did he subsequently go miles across country to a remote and wretched inn, where he had never been before, and beg for a bed for the night? Were these the acts of a sane man?”
In his peroration Mr. Middleheath laid particular emphasis on the evidence of Sir Henry Durwood, whose name was known throughout England as one of the most eminent specialists of his day. Sir Henry Durwood, Mr. Middleheath pointed out, had seen the prisoner in a fit at the Durrington hotel, and he emphatically declared that the accused was an epileptic, with homicidal tendencies. Such an opinion, coming from such a quarter, was, to Mr. Middleheath's mind, incontrovertible proof of the prisoner's insanity, and he did not see how the jury could go behind it in coming to a decision.
Sir Herbert Templewood's address consisted of a dry marshalling of the facts for and against the theory of insanity. Sir Herbert contended that the defence had failed to establish their contention that the accused man was not in his right mind. He impressed upon the jury the decided opinion of Dr. Horbury, who, as doctor of the metropolitan receiving gaol, had probably a wider experience of epilepsy and insanity than any specialist in the world. Dr. Horbury, after nine days close observation of the accused, had come to the conclusion that he was perfectly sane and responsible for his actions.
The general opinion among the bunch of legal wigs which gathered together at the barristers' table as Sir Herbert Templewood resumed his seat was that the issue had been very closely fought on both sides, and that the verdict would depend largely upon the way the judge summed up.
His lords.h.i.+p commenced his summing up by informing the jury that in the first place they must be satisfied that the prisoner was the person who killed Mr. Glenthorpe. He did not think they would have much difficulty on that head, because, although the evidence was purely circ.u.mstantial, it pointed strongly to the accused, and the defence had not seriously contested the charge. Therefore, if they were satisfied that the accused did, in fact, cause the death of Mr. Glenthorpe, the only question that remained for them to decide was the state of the prisoner's mind at the time. If they were satisfied that he was not insane at the time, they must find him guilty of murder. If, however, they came to the conclusion that he was insane at the time he committed the act, they would return a verdict that he was guilty of the act charged against him, but that he was insane at the time.
His lords.h.i.+p painstakingly defined the difference between sanity and insanity in the eyes of the law, but though his precise and legal definition called forth appreciative glances from the lawyers below him, it is doubtful whether the jury were much wiser for the explanation. After reviewing the evidence for the prosecution at considerable length, his lords.h.i.+p then proceeded, with judicial impartiality, to state the case for the defence. The case for the prisoner, he said, was that he had been strange or eccentric ever since he returned from the front suffering from sh.e.l.l-shock, that his eccentricity deepened into homicidal insanity, and that he committed the act of which he stood charged while suffering under an attack of epilepsy, which produced a state of mind that led the sufferer to commit an act of violence without understanding what he was doing. In view of the nature of this defence the jury were bound to look into the prisoner's family and hereditary history, and into his own acts before the murder, before coming to a conclusion as to his state of mind.