Answer.—“It is.”
The Judge.—“Then what is the difference between such a man and the case you put?”
Answer.—“In the case I put the impulse is uncontrollable, because his mind would be so occupied with his purpose.”
The Judge.—“Is it true of everybody, whether sane or insane, that when intent on an act they forget the consequences?”
Answer.—“An insane man would be more likely to forget consequences. Sane and insane persons would talk about occurrences. How and what they talked about would depend on their judgment.”
The witness wished to say with regard to the question as to shooting the cat, that he thought the impulse of destruction was so strong at the time, that he could not control it, and must have shot something.[87]
Dr. Pyeman Smith, the proprietor of a private lunatic asylum at Leeds for the past 15 years, though, from what he had heard and seen, he was prepared to declare that Dove was of unsound mind during the fatal week, and had been so for the last 20 years, admitted, on cross-examination, that he did know right from wrong during that period. He, however, on re-examination, qualified this admission.
“A decided lunatic,” said the witness, “very often knows right from wrong, and yet may be regardless of any consequences from his acts. He may be utterly unable to refrain from doing an act, though he knew it was wrong. I cannot say the prisoner was utterly unable to refrain from wrong during the fatal week. Circumstances might enable him to refrain—other circumstances.”
To the Judge.—“Not a greater degree of punishment. I have already said he was entirely regardless of circumstances.”