In this strain he continued for a good hour, until the defendants case seemed to be a thing of granite. His oration ended, he called a string of witnesses: every one of whom bore the learned counsel out by his evidence in chief.
But here came the grand distinction between the defendants case and the plaintiff's. Cross-examination had hardly shaken the plaintiff's witnesses: it literally dissolved the defendant's. Osmond was called, and proved Alfred's headaches and pallor, and his own suspicions. But then Colt forced him to admit that many young people had headaches without going mad, and were pale when thwarted in love, without going mad: and that as to the L. 14,000 and the phantom, he knew nothing; but had taken all that for granted on Mr. Richard Hardie's word.
Dr. Wycherley deposed to Alfred's being insane and abnormally irritable, and under a pecuniary illusion, as stated in his certificate: and to his own vast experience. But the fire of cross-examination melted all his polysyllables into guesswork and hearsay. It melted out of him that he, a stranger, had intruded on the young man's privacy, and had burst into a most delicate topic, his disagreement with his father, and so had himself created the very irritation he had set down to madness. He also had to admit that he knew nothing about the L. 14,000 or the phantom, but had taken for granted the young man's own father, who consulted him, was not telling him a deliberate and wicked falsehood.
Colt.—In short, sir, you were retained to make the man out insane, just as my learned friend there is retained.
Wycherley.—I think, sir, it would not be consistent with the dignity of my profession to notice that comparison.
Colt.—I leave defendant's counsel to thank you for that. Come, never mind dignity; let us have a little truth. Is it consistent with your dignity to tell us whether the keepers of private asylums pay you a commission for all the patients you consign to durance vile by your certificates?
Dr. Wycherley fenced with this question, but the remorseless Colt only kept him longer under torture, and dragged out of him that he received fifteen per cent. from the asylum keepers for every patient he wrote insane; and that he had an income of eight hundred pounds a year from that source alone. This, of course, was the very thing to prejudice a jury against the defence: and Colt's art was to keep to their level.
Speers, cross-examined, failed to conceal that he was a mere tool of Wycherley's, and had signed in manifest collusion, adhering to the letter of the statute, but violating its spirit for certainly, the Act never intended by “separate examination,” that two doctors should come into the passage, and walk into the room alternately, then reunite, and do the signing as agreed before they ever saw the patient. As to the illusion about the fourteen thousand pounds, Speers owned that the plaintiff had not uttered a word about the subject, but had peremptorily declined it. He had to confess, too, that he had taken for granted Dr. Wycherley was correctly informed about the said illusion.
“In short,” said the judge, interposing, “Dr. Wycherley took the very thing for granted which it was his duty to ascertain; and you, sir, not to be behind Dr. Wycherley, took the thing for granted at second hand.” And when Speers had left the box, he said to Serjeant Saunders, “If this case is to be defended seriously, you had better call Mr. Richard Hardie without further delay.”
“It is my wish, my lud; but I am sorry to say he is in the country very ill; and I have no hope of seeing him here before to-morrow.”