"No, my lord. I was informed so."

"Really, Mr. Middleheath——"

The judge's glance at Counsel for the Defence was so judicial that it brought Mr. Middleheath hurriedly to his feet again.

"My lord," he explained, "I intend to prove in due course that the prisoner was invalided out of the Army suffering from shell-shock."

"Very well." The judge motioned to the witness that she was at liberty to leave the box.

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 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 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."