Sir Herbert made one mistake in his a.n.a.lysis of the defence. Sir Henry, at least, believed in his own evidence and took himself very seriously as a specialist. Like most stupid men who have got somewhere in life, Sir Henry became self-a.s.sertive under the least semblance of contradiction, and he grew violent and red-faced under cross-examination. He would not hear of the possibility of a mistake in his diagnosis of the accused's symptoms, but insisted that the accused, when he saw him at the Durrington hotel, was suffering from an epileptic seizure, combined with furor epilepticus, and was in a state of mind which made him a menace to his fellow creatures. It was true he qualified his statements with the words "so far as my observation goes," but the qualification was given in a manner which suggested to the jury that five minutes of Sir Henry Durwood's observation were worth a month's of a dozen ordinary medical men.

Sir Henry's vehement insistence on his infallibility struck Sir Herbert as a flagrant violation of the rules of the game. He did not accept the protestations as genuine; he thought Sir Henry was overdoing his part, and playing to the gallery. He grew nettled in his turn, and, with a sudden access of vigour in his tone, said:

"You told my learned friend that it is quite consistent with the prisoner's malady that he could have committed the crime with which he stands charged, and remember nothing about it afterwards. Is that a fact?"

"Certainly."

"In that case, will you kindly explain how the prisoner came to leave the inn hurriedly, before anybody was up, the morning after the murder was committed? Why should he run away if he had no recollection of his act?"

"I must object to my learned friend describing the accused's departure from the inn as 'running away,'" said Mr. Middleheath, with a bland smile of protest. "It is highly improper, as n.o.body knows better than the Crown Prosecutor, and calculated to convey an altogether erroneous impression on the minds of the jury. There is not the slightest evidence to support such a statement. The evidence is that he saw the servant and paid his bill before departure. That is not running away."

"Very well, I will say hastened away," replied Sir Herbert impatiently. "Why should the accused hasten away from the inn if he retained no recollection of the events of the night?"

"He may have had a hazy recollection," replied Sir Henry. "Not of the act itself, but of strange events happening to him in the night-something like a bad dream, but more vivid. He may have found something unusual-such as wet clothes or muddy boots-for which he could not account. Then he would begin to wonder, and then perhaps there would come a hazy recollection of some trivial detail. Then, as he came to himself, he would begin to grow alarmed, and his impulse, as his normal mind returned to him, would be to leave the place where he was as soon as he could. This restlessness is a characteristic of epilepsy. In my opinion, it was this vague alarm, on finding himself in a position for which he could not account, which was the cause of the accused leaving the Durrington hotel. His last recollection, as he told me at the time, was entering the breakfast-room; he came to his senses in his bedroom, with strangers in the room."

"Does not recollection return completely in attacks of pet.i.t mal?"

"Sometimes it does; sometimes not. I remember a case in my student days where an epileptic violently a.s.saulted a man in the street-almost murdered him in fact-then a.s.saulted a man who tried to detain him, ran away, and remembered nothing about it afterwards."

"Is it consistent with pet.i.t mal, combined with furor epilepticus, for a man to commit murder, conceal the body of his victim, and remember nothing about it afterwards?"

"Quite consistent, though the probability is, as I said before, for him to have some hazy recollection when he came to his senses, which would lead to his leaving that place as quickly as he could."

"Would it be consistent with pet.i.t mal for a man to take a weapon away beforehand, and then, during a sudden fit of pet.i.t mal, use it upon the unfortunate victim?"

"If he took the weapon for another purpose, it is quite possible that he might use it afterwards."

"I should like to have that a little clearer," said the judge, interposing. "Do you mean to get the weapon for another, possibly quite innocent purpose, and then use it for an act of violence?"

"Yes, my lord," replied Sir Henry. "That is quite consistent with an attack of pet.i.t mal."

"When a man has periodical attacks of pet.i.t mal, would it not be possible, by observation of him between the attacks, or when he was suffering from the attacks, to tell whether he had a tendency to them?"

"No, only in a very few and exceptional cases."

"In your opinion epilepsy is an hereditary disease?"

"Undoubtedly."

"Are you aware that certain eminent French specialists, including Marie, are of the opinion that hereditary influences play a very small part in epilepsy?"

"That may be." Sir Henry dismissed the views of the French specialists with a condescending wave of his fat white hand.

"That does not alter your own opinion?"

"Certainly not."

"And do you say that because this man's mother suffered from epilepsy the chances are that he is suffering from it?"

"Pardon me, I said nothing of the kind. I think the chances are that he would have a highly organised nervous system, and would probably suffer from some nervous disease. In the case of the prisoner, I should say that sh.e.l.l-shock increased his predisposition to epilepsy."

"Do you suggest that sh.e.l.l-shock leads to epilepsy?"

"In general, no; in this particular case, possibly. A man may have sh.e.l.l-shock, and injury to the brain, which is not necessarily epileptic."

"It is possible for sh.e.l.l-shock alone to lead to a subsequent attack of insanity?" asked the judge.

"It is possible-certainly."

"How often do these attacks of pet.i.t mal occur?" asked Sir Herbert.

"They vary considerably according to the patient-sometimes once a week, sometimes monthly, and there have been cases in which the attacks are separated by months."

"Are not two attacks in twenty-four hours unprecedented?"

"Unusual, but not unprecedented. The excitement of going from one place to another, and walking miles to get there, would be a predisposing factor. Prisoner would have been suffering from the effects of the first attack when he left the Durrington hotel, and the excitement of the change and the fatigue of walking all day would have been very prejudicial to him, and account for the second and more violent attack."

"How long do the after effects last-of an attack of pet.i.t mal, I mean."

"It depends on the violence of the attack. Sometimes as long as five or six hours. The recovery is generally attended with general la.s.situde."

"There is no evidence to show that the prisoner displayed any symptoms of epilepsy before the attack which you witnessed at the Durrington hotel. Is it not unusual for a person to reach the age of twenty-eight or thereabouts without showing any previous signs of a disease like epilepsy?"

"There must be a first attack-that goes without saying," interposed the judge testily.

That concluded the cross-examination. Mr. Middleheath, in re-examination, asked Sir Henry whether foam at the lips was a distinguishing mark of epilepsy.

"It generally indicates an epileptic tendency," replied Sir Henry Durwood.

At the conclusion of Sir Henry Durwood's evidence Mr. Middleheath called an official from the War Office to prove formally that Lieutenant James Penreath had been discharged from His Majesty's forces suffering from sh.e.l.l-shock.

"I understand that, prior to the illness which terminated his military career, Lieutenant Penreath had won a reputation as an exceedingly gallant soldier, and had been awarded the D.S.O," said Mr. Middleheath.

"That is so," replied the witness.

"Is that the case?" asked the judge.

"That, my lord, is the case," replied Mr. Middleheath.

Sir Herbert Templewood, on behalf of the Crown, proceeded to call reb.u.t.ting medical evidence to support the Crown contention that the accused was sane and aware of the nature of his acts. The first witness was Dr. Henry Manton, of Heathfield, who said he saw the accused when he was brought into the station from Flegne by Police Constable Queensmead. He seemed perfectly rational, though disinclined to talk.

"Did you find any symptom upon him which pointed to his having recently suffered from epilepsy of any kind?" asked Sir Herbert.

"No."

"Do you agree with Sir Henry Durwood that between attacks of epilepsy the patient would exhibit no signs of the disease?" asked Mr. Middleheath.

"What do you mean by between the attacks?"