Volume 1

Taylor's principles and practice of medical jurisprudence / [Alfred Swaine Taylor].

  • Alfred Swaine Taylor
Date:
1920
Catalogue details

Licence: Public Domain Mark

Credit: Taylor's principles and practice of medical jurisprudence / [Alfred Swaine Taylor]. Source: Wellcome Collection.

    908/962 (page 890)
    The medical man was then asked : Assuming that you had these facts proved [and they were proved in evidence —Ed.] : the case of a man whose father had three times attempted to commit suicide ; a man who himself as a child had had fits ; and when he was fifteen years of age some affection of the brain from which he was more or less uncon¬ scious for three weeks—in what direction would those facts point ?—They would point to a man being possibly or probably insane. Assuming it was also proved to your satisfaction that the prisoner’s con¬ duct two years before the alleged crime was this : Calling out of the window for an imaginary cab, and on getting no answer putting his fist through the glass of the window. On being checked from doing this, threatening to cut the throat of the person who checked him. Assuming also that it has been proved to you that prisoner had been in the habit of beating the pillow of his bed with the poker and threatening somebody he believed to be in the pillow, when no such person existed at all. When sitting quietly cleaning his soldier’s clothes, suddenly getting up and throwing things at what he thought was on the wall. Being found by himself in a room with a bag of shavings suspended in some way from the roof and punching it till the sweat was streaming off him. Assuming that at times the prisoner never spoke a word for long periods together, and being dull and despondent, if you were satisfied of the truth of these facts, in what direction would they point as regards his criminal responsibility ?—They would point to his suffering from delusions either from drink or insanity. Put the matter of drink entirely out of the question ?—It would point to delusions. I should not take much notice of punching a bag of shavings; anybody who practised for boxing might do that. Would the other things point to his being an insane man ?—They would point in that direction, and he ought to be examined by one skilled in examining the insane. If you find some person talking and muttering to himself, and complaining of feeling queer and wanting to kill somebody, what would that point to ?—If the man was really expressing his feelings it would point to insanity. Suppose a case in which all the things I have put to you were proved to be the past history of the deceased, and the crime itself was without motive, and of great ferocity, would not all that point to the fact that a person was not crimin¬ ally responsible for his actions ?—Certainly it would point in that direction. Is it possible for a man to do all those things mentioned in cross-examination, and yet know right from wrong ?—I think a man might do all these things and yet know right from wrong in the ordinary sense of the term. Mr. Lee F. Cogan, surgeon to the prison and medical officer of the borough, said he had had prisoner under observation. Witness had observed that the man at times was confused and unnatural when spoken to. When spoken to about the matter he was charged with he had seemed to treat it with levity. Witness had seen a report presented by Dr. Bayley, and knew he had the evidence of the soldiers and Mrs. Hobbs before him. Having regard to all that evidence, witness considered prisoner of unsound mind, but could not swear that that un¬ soundness of mind existed on July 10th. It most probably would have been in existence at the time.—By Mr. Sills : Prisoner seemed to understand the difference between right and wrong, but there were occasions when witness believed he did not. Witness did not think prisoner had delusions.—By Mr. Chambers : The condition popularly called half asleep and half awake would not last while a man was belabouring a pillow.—By the Judge : He believed the state of the prisoner was genuine. Dr. Bayley, resident physician at St. Andrew’s Hospital, said he had made diseases of the mind a special study, and had been thirty-three years at St. Andrew s Hospital, and before that five years Superintendent of Salop County Asylum. He had examined prisoner, and had certain evidence before him. One soldier told witness that prisoner after an outbreak told him he had murderous instincts. On October foth prisoner’s manner was very strange, and when