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.
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.
Public-domain text, read in full here on John Shaqi.
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