Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
With the moral circumstances of the case the medical-jurist can have
nothing to do; and yet it is impossible not to inquire whether the deed
may not frequently be the result of insanity. Such was the opinion of
_Dr. Hunter_; and we cordially agree with _Dr. Smith_, that a verdict to
this effect might be returned in many cases of this kind with at least
as much truth, as in some of suicide. It must not be urged, continues
the last mentioned author, that the insanity here is not real because
temporary, as long as _temporary insanity_ is so readily admitted in the
other case; and we know well that in many instances of the like state of
mind, where suicide is unsuccessfully attempted, the supposed lunacy
shortly disappears. This plea, however, rarely avails the
child-murderer; and yet if the loss of property, or other misfortunes,
are to be taken into account as presumptive causes of insanity where
there is real evidence of the fact, (the _feelings_ arising from which
being the real goad that stings some men to their fate) are we to give a
modest female,—one that has probably erred through excess of confidence
and attachment—no credit for despair, and distraction, under the
anticipation of the infamy that is approaching her?[86]
It is stated by several authors, that the period at which puerperal
mania and phrenitis supervenes is variable, but that it is seldom, if
ever, sooner than the third day; often, not for a fortnight; and, in
some cases, not for several weeks after delivery. We must be cautious,
however, in not applying this general assertion, to the disparagement of
particular cases; for several instances are recorded which furnish
striking exceptions to the rule. “In the year 1668 at _Aylesbury_, a
married woman of good reputation being delivered of a child, and not
having slept many nights, fell into a temporary phrenzy, and killed her
infant in the absence of any company; but, company coming in, she told
them she had killed her infant, and _there_ it lay; she was brought to
gaol presently, and after some sleep she recovered her understanding,
but marvelled how or why she came thither; she was indicted for murder,
and upon her trial the whole matter appearing, it was left to the jury
with this direction, that if it did appear that she had any use of
reason when she did it, they were to find her guilty; but if they found
her under a phrenzy, though by reason of her late delivery and want of
sleep, they should acquit her; that had there been any occasion to move
her to this fact, as to hide her shame, which is ordinarily the case of
such as are delivered of bastard children and destroy them; or if there
had been jealousy of the husband that the child had been none of his; or
if she had hid the infant, or denied the fact, these had been evidences
that the phrenzy was counterfeit; but none of these appearing, and the
honesty and virtuous deportment of the woman in her health being known
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