The Shrieking Pit, Arthur J. Rees [reader novel .TXT] 📗

The appearance of Sir Henry Durwood in the box as the next witness indicated to Crown Counsel that the principal card for the defence was about to be played. Lawyers conduct defences as some people play bridge—they keep the biggest trump to the last. Sir Henry represented the highest trump in Mr. Middleheath's hand, and if he could not score with him the game was lost.

Sir Henry seemed not unconscious of his importance to the case as he stepped into the stand and bowed to the judge with bland professional equality. His evidence-in-chief was short, but to the point, and amounted to a recapitulation of the statement he had made to[Pg 185] Colwyn in Penreath's bedroom on the morning of the episode in the breakfast-room of the Grand Hotel, Durrington. Sir Henry related the events of that morning for the benefit of the jury, and in sonorous tones expressed his professional opinion that the accused's strange behaviour on that occasion was the result of an attack of epilepsy—petit mal, combined with furor epilepticus.

The witness defined epilepsy as a disease of the nervous system, marked by attacks of unconsciousness, with or without convulsions. The loss of consciousness with severe convulsive seizures was known as grand mal, the transient loss of consciousness without convulsive seizures was called petit mal. Attacks of petit mal might come on at any time, and were usually accompanied by a feeling of faintness and vertigo. The general symptoms were sudden jerkings of the limbs, sudden tremors, giddiness and unconsciousness. The eyes became fixed, the face slightly pale, sometimes very red, and there was frequently some almost automatic action. In grand mal there was always warning of an attack, in petit mal there was no warning as a rule, but sometimes there was premonitory giddiness and restlessness. Furor epilepticus was a medical term applied to the violence displayed during attacks of petit mal, a violence which was much greater than extreme anger, and under its influence the subject was capable of committing the most violent outrages, even murder, without being conscious of the act.

"There is no doubt in your mind that the accused man had an attack of petit mal in the breakfast-room of the Durrington hotel the morning before the murder?" asked Mr. Middleheath.

"None whatever. All the symptoms pointed to it. He was sitting at the breakfast table when he suddenly[Pg 186] ceased eating, and his eyes grew fixed. The knife which he held in his hand was dropped, but as the attack increased he picked it up again and thrust it into the table in front of him—a purely automatic action, in my opinion. When he sprang up from the table a little while afterwards he was under the influence of the epileptic fury, and would have made a violent attack on the people sitting at the next table if I had not seized him. Unconsciousness then supervened, and, with the aid of another of the hotel guests, I carried him to his room. It was there I noticed foam on his lips. When he returned to consciousness he had no recollection of what had occurred, which is consistent with an epileptic seizure. I saw that his condition was dangerous, and urged him to send for his friends, but he refused to do so."

"It would have been better if he had followed your advice. You say it is consistent with epilepsy for him to have no recollection of what occurred during this seizure in the hotel breakfast room. What would a man's condition of mind be if, during an attack of petit mal, he committed an act of violence, say murder, for example?"

"The mind is generally a complete blank. Sometimes there is a confused sense of something, but the patient has no recollection of what has occurred, in my experience."

"In this case the prisoner is charged with murder. Could he have committed this offence during another attack of furor epilepticus and recollect nothing about it afterwards? Is that consistent?"

"Yes, quite consistent," replied the witness.

"Is epilepsy an hereditary disease?"

"Yes."

"And if both parents, or one of them, suffered from[Pg 187] epilepsy, would there be a great risk of the children suffering from it?"

"Every risk in the case of both persons being affected; some probability in the case of one."

"What do you think would be the effect of shell-shock on a person born of one epileptic parent?"

"It would probably aggravate a tendency to epilepsy, by lowering the general health."

"Thank you, Sir Henry."

Mr. Middleheath resumed his seat, and Sir Herbert Templewood got up to cross-examine.[Pg 188]

Sir Herbert Templewood did not believe the evidence of the specialist, and he did not think the witness believed it himself. Sir Herbert did not think any the worse of the witness on that account. It was one of the recognised rules of the game to allow witnesses to stretch a point or two in favour of the defence where the social honour of highly respectable families was involved.

Sir Herbert saw in the present defence the fact that the hand of his venerable friend, Mr. Oakham, had not lost its cunning. Mr. Oakham was a very respectable solicitor, acting for a very respectable client, and he had called a very respectable Harley Street specialist—who, by a most fortuitous circumstance, had been staying at the same hotel as the accused shortly before the murder was committed—to convince the jury that the young man was insane, and that his form of insanity was epilepsy, a disease which had prolonged lucid intervals.

A truly ingenious and eminently respectable defence, and one which, in his heart of hearts, perhaps, Sir Herbert might not have been sorry to see succeed, for he knew Sir James Penreath of Twelvetrees, and was sorry to see his son in such a position. But he had his duty to perform, and that duty was to discredit in the eyes of the jury the evidence of the witness in the box, because juries were prone to look upon specialists as men to whom all things had been revealed, and return a verdict accordingly.[Pg 189]

Sir Herbert made one mistake in his analysis of the defence. Sir Henry, at least, believed in his own evidence and took himself very seriously as a specialist. Like most stupid men who have got somewhere in life, Sir Henry became self-assertive under the least semblance of contradiction, and he grew violent and red-faced under cross-examination. He would not hear of the possibility of a mistake in his diagnosis of the accused's symptoms, but insisted that the accused, when he saw him at the Durrington hotel, was suffering from an epileptic seizure, combined with furor epilepticus, and was in a state of mind which made him a menace to his fellow creatures. It was true he qualified his statements with the words "so far as my observation goes," but the qualification was given in a manner which suggested to the jury that five minutes of Sir Henry Durwood's observation were worth a month's of a dozen ordinary medical men.

Sir Henry's vehement insistence on his infallibility struck Sir Herbert as a flagrant violation of the rules of the game. He did not accept the protestations as genuine; he thought Sir Henry was overdoing his part, and playing to the gallery. He grew nettled in his turn, and, with a sudden access of vigour in his tone, said:

"You told my learned friend that it is quite consistent with the prisoner's malady that he could have committed the crime with which he stands charged, and remember nothing about it afterwards. Is that a fact?"

"Certainly."

"In that case, will you kindly explain how the prisoner came to leave the inn hurriedly, before anybody was up, the morning after the murder was committed? Why should he run away if he had no recollection of his act?"

"I must object to my learned friend describing the[Pg 190] accused's departure from the inn as 'running away,'" said Mr. Middleheath, with a bland smile of protest. "It is highly improper, as nobody knows better than the Crown Prosecutor, and calculated to convey an altogether erroneous impression on the minds of the jury. There is not the slightest evidence to support such a statement. The evidence is that he saw the servant and paid his bill before departure. That is not running away."

"Very well, I will say hastened away," replied Sir Herbert impatiently. "Why should the accused hasten away from the inn if he retained no recollection of the events of the night?"

"He may have had a hazy recollection," replied Sir Henry. "Not of the act itself, but of strange events happening to him in the night—something like a bad dream, but more vivid. He may have found something unusual—such as wet clothes or muddy boots—for which he could not account. Then he would begin to wonder, and then perhaps there would come a hazy recollection of some trivial detail. Then, as he came to himself, he would begin to grow alarmed, and his impulse, as his normal mind returned to him, would be to leave the place where he was as soon as he could. This restlessness is a characteristic of epilepsy. In my opinion, it was this vague alarm, on finding himself in a position for which he could not account, which was