The defence, he thought, had proved sufficient to enable the jury to draw the conclusion that Lady Penreath, the mother of the prisoner, was an epileptic. The assertion that the prisoner was an epileptic rested upon the evidence of Sir Henry Durwood, for the evidence of Miss Willoughby and the family doctor went no further than to suggest a slight strangeness or departure from the prisoner's usual demeanour. Sir Henry Durwood, by reason of his professional standing, was entitled to be received with respect, but he had himself admitted that he had had no previous opportunity of diagnosing the case of accused, and that it was difficult to form an exact opinion in a disease like epilepsy. Dr. Horbury, on the other hand, had declared that the prisoner showed nothing symptomatic of epilepsy while awaiting remand. In Dr. Horbury's opinion, he was not an epileptic. Therefore the case resolved itself into a direct conflict of medical testimony, and it was for the jury to decide, and form a conclusion as to the man's state of mind in conjunction with the other evidence. "The contention for the defence," continued his lordship, leaning forward and punctuating his words with sharp taps of his fountain pen on the desk in front of him, "is this: 'Look at this case fairly and clearly, and you are bound to come to the conclusion that this man is not in a sound frame of mind.' The prosecution, on the other hand, say, 'The facts of this case do not point to insanity at all, but to deliberate murder for gain.' The defence urge further, 'You have got to look at the probabilities. No man in prisoner's position, a gentleman by birth and upbringing, the heir of an old and proud name, with a hitherto unblemished reputation, and the prospects of a long and not inconspicuous career in front of him, would in his senses have murdered this old man.' That is a matter for you to consider, because we do know that brutal crimes are committed by the most unlikely persons. But the prosecution also allege motive, and you must consider the question of motive. It is suggested, and it is for you to consider whether rightly or wrongly suggested, that there was a motive in killing this man, because the prisoner was absolutely penniless and wanted to get money."