In support of the plea of insanity, in addition to the witnesses already referred to in the introduction to this case, three medical witnesses of tried experience in lunacy, Dr. Caleb Williams (for 30 years the medical attendant at the York Asylum), Dr. Pyeman Smith (of the Leeds Lunatic Asylum), and Mr. John Kitchen (of The Retreat, at York), were called for the defence, whose evidence, it is only fair, should be given in some detail.
Dr. Williams, who had been in Court during the whole trial, and had also examined the prisoner with Mr. Kitchen a few days before the trial, was decidedly of opinion, from the evidence he had heard, that the prisoner was of unsound mind, and that his violent emotions and his belief in supernatural agency were indications of it.
“Taking into account,” said the witness, “that he had written and said similar things before about selling his soul to the devil, I think that his letter to the devil was not simulated. It appears to be written with blood. I had conversation with him about that letter when I saw him, and he told me it was written under satanic influence. The result of that conversation was that, in my opinion, it was not simulated. I have no doubt that his illusion, that he had sold himself to the devil, was a real one. I believe his incantations spoken of were connected with his belief in supernatural agency; and I think his saying that he had put a spell on the steward arose from the same belief.[83] The letter to his schoolmaster, in which he declared his sanity, is very like what is done by insane persons—they declare they are sane. His talking to various persons about strychnia showed the weakness of his mind. The effect of drink on a lunatic are to make him violent and dangerous. Persons liable to insanity would exhibit a tendency and inclination to drink. I think from what I have heard he has not the power of controlling his emotions and passions. None of them at all times.[84] There would be periods when he would have control over some. The circumstance of his shooting the cat showed an uncontrollable impulse to injure or take life; and seeing it was not expended in injuring the man, he shot the cat. The effect of confining a person for several weeks on strictly sober diet, who has before been subject to get drunk, would be to reduce him to a calm condition. The Castle diet is sober (Dove’s prison). From all I have heard and seen, I consider his powers of mind, during the fatal week were probably influenced by his notions regarding supernatural agency, and that consequently he was the subject of a delusion. During that week, labouring under such delusions, he might retain his power of adapting means to an end, and of judging of the consequences. He could not under those delusions have the power of resisting any impulse.”
On cross-examination by Mr. Overend, after repudiating the notion that his evidence was tinged by religious objections to capital punishment, the witness said:—
“I should not call administering poison five or six times an impulse, but a propensity—an uncontrollable propensity to destroy life, and give pain. For the time it would be a permanent condition of the mind, and might select the special object, and constantly seek opportunities of carrying out the propensity. I think a person with such a propensity would not know that he was doing wrong. I think he might fear the consequences, and know that punishment would follow. He would know, probably, that he was breaking the law. I say that, because he would have a very incorrect appreciation of right and wrong. He would not know at the time that he would be hanged. I found that opinion on the occupation of the mind by the insane propensity. It is uncertain whether he would know it before he did it. He might after he had done it. He might do a murder secretly, because he could not otherwise do it. A propensity of that kind generally acts without a motive. One of the peculiarities is that a person seeks no escape: in certain cases acknowledges his crime. The propensity may come on suddenly: an impulse comes on suddenly—a propensity more frequently comes on slowly, and starts from a considerable time. If a man gives way to his passions, and commits a rape, I call that a vice, and not a propensity. Supposing a cruel man, who wishes to get rid of his wife, quarrels with her, in the abstract that is a vice. Supposing a man to have taken every precaution against discovery, and pains to procure poison for his wife, and to prepare for her death, I should think that a vice, and not a delusion. Supposing a man of cruel disposition had formed a dislike to his wife, and wanted to get rid of her, and had nursed that dislike into a propensity to kill. I should call that an insane propensity. I don’t say that every man who dislikes his wife, and wishes to get rid of her, is insane. When he acquires the propensity to kill, and cannot control it, he is insane.”
Question.—“If a person lived with his wife, hated her, and determined to, and did kill her, what is the difference between that determination which is vice, and that propensity which is insanity?”
Answer.—“The prisoner’s history would be required to determine whether it was vice or insanity.”
Question.—“Supposing a man was determined to kill his wife, and he nurses the thought for six months, till the desire becomes uncontrollable, when does the desire become insanity?”
Answer.—“When by nourishing such an idea, the mind becomes diseased, and he cannot control his acts—that applies to other things.”
Question.—“If a man dwells on the possession of a woman till he cannot control his desire, would that be vice or insanity?”