The general opinion among the bunch of legal wigs which gathered
together at the barristers' table as Sir Herbert Templewood resumed his
seat was that the issue had been very closely fought on both sides, and
that the verdict would depend largely upon the way the judge summed up.
His lordship commenced his summing up by informing the jury that in the
first place they must be satisfied that the prisoner was the person who
killed Mr. Glenthorpe. He did not think they would have much difficulty
on that head, because, although the evidence was purely circumstantial,
it pointed strongly to the accused, and the defence had not seriously
contested the charge. Therefore, if they were satisfied that the accused
did, in fact, cause the death of Mr. Glenthorpe, the only question that
remained for them to decide was the state of the prisoner's mind at the
time. If they were satisfied that he was not insane at the time, they
must find him guilty of murder. If, however, they came to the conclusion
that he was insane at the time he committed the act, they would return
a verdict that he was guilty of the act charged against him, but that he
was insane at the time.
His lordship painstakingly defined the difference between sanity and
insanity in the eyes of the law, but though his precise and legal
definition called forth appreciative glances from the lawyers below him,
it is doubtful whether the jury were much wiser for the explanation.
After reviewing the evidence for the prosecution at considerable length,
his lordship then proceeded, with judicial impartiality, to state the
case for the defence. The case for the prisoner, he said, was that he
had been strange or eccentric ever since he returned from the front
suffering from shell-shock, that his eccentricity deepened into
homicidal insanity, and that he committed the act of which he stood
charged while suffering under an attack of epilepsy, which produced a
state of mind that led the sufferer to commit an act of violence without
understanding what he was doing. In view of the nature of this defence
the jury were bound to look into the prisoner's family and hereditary
history, and into his own acts before the murder, before coming to a
conclusion as to his state of mind.
Public-domain text, read in full here on John Shaqi.
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