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

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, petit 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, assuming the fact that Penreath is subject[Pg 197] 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 circumstantial evidence, and that nobody 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 assumption 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 possi[Pg 198]bility. 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 shell-shock, with the result that his constitution became weakened, and the fatal taint of inherited epilepsy, which was in his blood, began to manifest itself. His family doctor and his fiancée 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,[Pg 199] 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 lordship 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 circumstantial, 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[Pg 200] return a verdict that he was guilty of the act charged against him, but that he was insane at the time.

His lordship 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 lordship 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 shell-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.

The defence, he thought, had proved sufficient to enable the jury to draw the conclusion that Lady Penreath, the mother of the prisoner, was an epileptic. The assertion that the prisoner was an epileptic rested upon the evidence of Sir Henry Durwood, for the evidence of Miss Willoughby and the family doctor went no further than to suggest a slight strangeness or departure from the prisoner's usual demeanour. Sir Henry Durwood, by reason of his professional standing, was entitled to be received with respect, but he had himself admitted that he had had no previous opportunity of diagnosing the case of accused, and that it was difficult to form an exact[Pg 201] opinion in a disease like epilepsy. Dr. Horbury, on the other hand, had declared that the prisoner showed nothing symptomatic of epilepsy while awaiting remand. In Dr. Horbury's opinion, he was not an epileptic. Therefore the case resolved itself into a direct conflict of medical testimony, and it was for the jury to decide, and form a conclusion as to the man's state of mind in conjunction with the other evidence.

"The contention for the defence," continued his lordship, leaning forward and punctuating his words with sharp taps of his fountain pen on the desk in front of him, "is this: 'Look at this case fairly and clearly, and you are bound to come to the conclusion that this man is not in a sound frame of mind.' The prosecution, on the other hand, say, 'The facts of this case do not point to insanity at all, but to deliberate murder for gain.' The defence urge further, 'You have got to look at the probabilities. No man in prisoner's position, a gentleman by birth and upbringing, the heir of an old and proud name, with a hitherto unblemished reputation, and the