The Shrieking Pit by Arthur J. Rees (new ebook reader TXT) 📗

what their verdict should be, until they had heard the evidence for the prisoner.

When the case was continued the next day, the first witness called for the defence was Dr. Robert Greydon, an elderly country practitioner with the precise professional manner of a past medical generation, who stated that he practised at Twelvetrees, Berkshire, and was the family doctor of the Penreath family. In reply to Mr. Middleheath he stated that he had frequently attended the late Lady Penreath, the mother of the accused, for fits or seizures from which she suffered periodically, and that the London specialist who had been called into consultation on one occasion had agreed with him that the seizures were epileptic.

"I want to give every latitude to the defence," said Sir Herbert Templewood, rising in dignified protest, "but I am afraid I cannot permit this conversation to go in. My learned friend must call the London specialist if he wants to get it in."

"I will waive the point as my learned friend objects," said Mr. Middleheath, satisfied that he had "got it in" the jury's ears, "and content myself with asking Dr. Greydon whether, from his own knowledge, Lady Penreath suffered from epilepsy."

"Undoubtedly," replied the witness.

"One moment," said the judge, looking up from his notes. "Where is this evidence tending, Mr. Middleheath?"

"My lord," replied Mr. Middleheath solemnly, "I wish the court to know all the facts on which we rely."

The judge bowed his head and waved his gold fountain-pen as an indication that the examination might proceed. The witness said that Lady Penreath was un[Pg 180]doubtedly an epileptic, and suffered from attacks extending over twenty years, commencing when her only son was five years old, and continuing till her death ten years ago. For some years the attacks were slight, without convulsions, but ultimately the grand mal became well developed, and several attacks in rapid succession ultimately caused her death. In the witness's opinion epilepsy was an hereditary disease, frequently transmitted to the offspring, if either or both parents suffered from it.

"Have you ever seen any signs of epilepsy in Lady Penreath's son—the prisoner at the bar?" asked Sir Herbert, who began to divine the direction of the defence.

"Never," replied the witness.

"Was he under your care in his infancy and boyhood? I mean were you called in to attend to his youthful ailments?"

"Yes, until he went to school."

"And was he a normal and healthy boy?"

"Quite."

"Did you see him when he returned home recently?" asked Mr. Middleheath, rising to re-examine.

"Yes."

"You are aware he was discharged from the Army suffering from shell-shock?"

"Yes."

"And did you notice a marked change in him?"

"Very marked indeed. He struck me as odd and forgetful at times, and sometimes he seemed momentarily to lose touch with his surroundings. He used to be very bright and good-tempered, but he returned from the war irritable and moody, and very silent, disliking, above all things, to be questioned about his experiences at the[Pg 181] front. He used to be the very soul of courtesy, but when he returned from the front he refused to attend a 'welcome home' at the village church and hear the vicar read a congratulatory address."

"I hope you are not going to advance the latter incident as a proof of non compos mentis, Mr. Middleheath," said the judge facetiously.

In the ripples of mirth which this judicial sally aroused, the little doctor was permitted to leave the box, and depart for his native obscurity of Twelvetrees. He had served his purpose, so far as Mr. Middleheath was concerned, and Sir Herbert Templewood was too good a sportsman to waste skilful flies on such a small fish, which would do no honour to his bag if hooked.

Sir Herbert Templewood and every lawyer in court were by now aware that the defence were unable to meet the Crown case, but were going to fight for a verdict of insanity. The legal fraternity realised the difficulties of that defence in a case of murder. It would be necessary not only to convince the jury that the accused did not know the difference between right and wrong, but to convince the judge, in the finer legal interpretation of criminal insanity, that the accused did not know the nature of the act he was charged with committing, in the sense that he was unable to distinguish whether it was right or wrong at the moment of committing it. The law, which assumes that a man is sane and responsible for his acts, throws upon the defence the onus of proving otherwise, and proving it up to the hilt, before it permits an accused person to escape the responsibility of his acts. Such a defence usually resolves itself into a battle between medical experts and the counsel engaged, the Crown endeavouring to upset the medical evidence for the defence with medical evidence in rebuttal.[Pg 182]

The lawyers in court settled back with a new enjoyment at the prospect of the legal and medical hair-splitting and quibbling which invariably accompanies an encounter of this kind, and Crown Counsel and solicitors displayed sudden activity. Sir Herbert Templewood and Mr. Braecroft held a whispered consultation, and then Mr. Braecroft passed a note to the Crown Solicitor, who hurried from the court and presently returned carrying a formidable pile of dusty volumes, which he placed in front of junior counsel. The most uninterested person in court seemed the man in the dock, who sat looking into a vacancy with a bored expression on his handsome face, as if he were indifferent to the fight on which his existence depended.

The next witness was Miss Constance Willoughby, who gave her testimony in low clear tones, and with perfect self-possession. It was observed by the feminine element in court that she did not look at her lover in the dock, but kept her eyes steadily fixed on Mr. Middleheath. Her story was a straightforward and simple one. She had become engaged to Mr. Penreath shortly before the war, and had seen him several times since he was invalided out of the Army. The last occasion was a month ago, when he called at her aunt's house at Lancaster Gate. She had noticed a great change in him since his return from the front. He was moody and depressed. She did not question him about his illness, as she thought he was out of spirits because he had been invalided out of the Army, and did not want to talk about it. He told her he intended to go away for a change until he got right again—he had not made up his mind where, but he thought somewhere on the East Coast, where it was cool and bracing, would suit him best—and he would write to her as soon as he got settled[Pg 183] anywhere. She did not see him again, and did not hear from him or know anything of his movements till she read his description in a London paper as that of a man wanted by the Norfolk police for murder. Her aunt, who showed her the paper, communicated with the Penreaths' solicitor, Mr. Oakham. The following day she and her aunt were taken to Heathfield and identified the accused.

"Your aunt took action to allay your anxiety, I understand?" said Mr. Heathfield, whose watchful eye had noted the unfavourable effect of this statement on the jury.

The witness bowed.

"Yes," she replied. "I was terribly anxious, as I had not heard from Mr. Penreath since he went away. Anything was better than the suspense."

"You say accused was moody and depressed when you saw him?" asked Sir Herbert Templewood.

"Yes."

"May I take it that there was nothing terrifying in his behaviour—nothing to indicate that he was not in his right mind?"

"No," replied the witness slowly. "He did not frighten me, but I was concerned about him. He certainly looked ill, and I thought he seemed a little strange."

"As though he had something on his mind?" suggested Sir Herbert.

"Yes," assented the witness.

"Were you aware that the accused, when he went to see you at your aunt's home before he departed for Norfolk, was very short of money?"

"I was not. If I had known——"

"You would have helped him—is that what you were[Pg 184] going to say?" asked Mr. Middleheath, as Sir Herbert resumed his seat without pursuing the point.

"My aunt would have helped Mr. Penreath if she had known he was in monetary difficulties."

"Thank you." Mr. Middleheath sat down, pulling his gown over his shoulders.

The witness was leaving the stand when the sharp authoritative voice of the judge stopped her.

"Wait a minute, please, I want to get this a little clearer. You said you were aware that the accused was discharged from the Army suffering from shell-shock. Did he tell you so himself?"

"No, my lord. I was informed so."

"Really, Mr. Middleheath——"

The judge's glance at Counsel for the Defence was so judicial that it brought Mr. Middleheath hurriedly to his feet again.

"My lord," he explained, "I intend to prove in due course that the prisoner was invalided out of the Army suffering from shell-shock."

"Very well." The judge motioned to the witness that she was at liberty to leave the box.