Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
Let us look at another aspect of this medical evidence given on this
memorable occasion. Doctor the _first_ pronounced his authoritative
decision solely on the evidence given in court: influenced, it may
be, by his having, many years before, been called in to attend the
prisoner's father when labouring under symptoms of poisoning by
laudanum. Doctor the _second_ gave merely speculative evidence,
without, as it would seem, having even seen the prisoner, and founded
solely on what passed at the trial. Doctor the _third_ never saw the
prisoner before the trial but once, and then for "_perhaps half an
hour_," on the first day of the trial, or the day before it! How potent
that half hour's observation! Doctor the _fourth_ saw the prisoner with
doctor the third, for "_perhaps three-quarters of an hour!_" Doctor the
_fifth_ was a practising surgeon of not four years' standing--owning
how "short a time he had been in practice." Let us only surrender our
understandings to this queer quinary, and we arrive at a short and easy
solution--very comfortable, indeed, for the young gentleman at the bar,
who is doubtless filled with wonder at finding how sagaciously they
saw into the thoughts which had been passing through his mind--the
precise state of his feelings, views, objects, and intentions, when he
fired at the Queen. But in the mean time we ask, can it be tolerated
that medical gentlemen should thus usurp the province of both judge
and jury? We answer, no! and shall place here on record the just
and indignant rebuke of Mr Baron Alderson to a well-known medical
gentleman, who had thus authoritatively announced his conclusion on the
recent trial of Robert Pate.
Dr----.--"From all I have heard to-day, and from my personal
observation, I am satisfied the prisoner is of unsound mind."
BARON ALDERSON.--"Be so good, Dr ----, as not to take upon yourself
the functions of both the judge and the jury. If you can give us
the results of your scientific knowledge in this point, we shall be
glad to hear you; but while I am sitting on this bench, _I will not
permit any medical witness to usurp the functions of both the judge
and the jury_."
It fell to the lot of Sir Thomas Wilde to reply for the Crown, in
Oxford's case, as in that of Frost; and he discharged the responsible
duty with his usual clearness and cogency. As to the facts,
irrespective of the question of insanity, a single sentence disposed of
them.
"What would be the condition of society--exposed as we all are to
such attacks, and the infliction of death by such means--if, with
the evidence of previous preparation of the means; the use of balls
and pistols; inquiries as to the effect of their discharge, and
whether the party was hurt, coupled with admission, incidental and
direct, of the fact that balls were in the pistols: what would be
the state of society, if evidence like this left an assassin the
chance of escape merely because the balls could not be found?"
Public-domain text, read in full here on John Shaqi.
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