But we have nothing to do with that. The witness should give his opinion on the symptoms described, and then state what influences the other facts may have had on his mind.
By Mr. Serjeant Shee—Do you remember the accounts that were given of what was said or supposed to be syphilitic sores?
The Attorney-General—But there was no such thing said.
Mr. Baron Alderson—Supposing a person had syphilitic sores, what would you say then? That is the proper way of putting it.
Lord Campbell—We must take it that medical men are not to be substituted for the jury.
T. Nunneley
Mr. Justice Creswell—If I were to suggest a mode of meeting the thing it would be this—let the gentleman describe what he assumes to be the state of the deceased’s health at the time, then the Attorney-General may say he is not justified in assuming.
Examination resumed—Will you do that having heard the evidence?—I assume him to have been a man of very delicate constitution; that for a long period he felt himself to be ill, for which he had been under medical treatment; that he had suffered from syphilis; had disease of the lungs; had an old-standing disease of the throat; led an irregular life; was subject to mental excitement and depression; that after death traces were found in his body which show this to have been the case; there was found an unusual appearance within the stomach; the throat was in an unnatural condition; the back of the tongue showed similar indications; the lungs were in an emphysematous condition, that is, the air cells dilated; in the lining of the aorta or large artery of the body there was an unnatural deposit; and there was a very unusual appearance in the membranes of the spinal marrow. These are the indications which are unnatural in the post-mortem examination. I should also state it is described by one of the witnesses that there was a loss of substance of the penis. The symptoms on the root of the tongue and the throat I ascribe to syphilitic inflammation of the throat. From these symptoms I have described I should infer that his health had not been good for long, and that his constitution was delicate. It was also stated that his father and mother had died young, and that the brother and sister were both delicate. That being the state of health of Mr. Cook, he would be liable to nervous irritation. Excitement or depression might bring it on. Exposure to wet and cold would have a greater effect than on a healthy person. It is a condition of the constitution when a convulsive disease is more likely to supervene.
What would you infer from the fact, supposing it to have occurred, that three days before death he suddenly woke up in the middle of the night in a state described as madness, for two or three minutes? I understand that he had three attacks on succeeding nights, each occurring about the same hour. Would you draw any inference from that circumstance?—Yes, that they were of a convulsive character, in the absence of other causes to account for it. Convulsive effects are extremely variable in their forms and degrees of violence. It is not possible to give a definite name to every convulsive attack. There are some forms of violent convulsions, such as hysteria, in which the patient retains his consciousness. It is stated that there are forms of convulsions, epileptic in their character, in which the patient retains his consciousness.
By Lord Campbell—Have you met with any?—No, not during a fit.