"I am sorry, but I am afraid you must do without me," replied Colwyn.
"In view of Penreath's silence I can come to no other conclusion, though
against my better judgment, than that he is guilty, but I cannot take
upon myself the responsibility of declaring that he is insane. In spite
of Sir Henry Durwood's opinion, I cannot believe that he is, or was. It
will be a difficult defence to establish in the case of Penreath. If you
wish the jury to say that Penreath is the victim of what French writers
call _epilepsie larvee_, in which an outbreak of brutal or homicidal
violence takes the place of an epileptic fit, with a similar break in
the continuity of consciousness, you will first have to convince the
judge that Penreath's preceding fits were so slight as to permit the
possibility of their being overlooked, and you will also have to
establish beyond doubt that the break in his consciousness existed from
the time of the scene in the hotel breakfast-room until the time the
murder was committed. The test of that state is the unintelligent
character of some of the acts of the sufferer. In my opinion, a defence
of insanity is not likely to be successful. Personally, I shall go no
further in the case, but I cannot give up my original opinion that the
whole of the facts in this case have not been brought to light. Probably
they never will be--now."
CHAPTER XV
Although no hint of the defence was supposed to transpire, the magic
words "No precedent" were whispered about in legal circles as the day
for Penreath's trial approached, and invested the case with more than
ordinary interest in professional eyes. Editors of London legal journals
endeavoured to extract something definite from Mr. Oakham when he
returned to London to brief counsel and prepare the defence, but the
lunches they lavished on him in pursuit of information might have been
spent with equal profit on the Sphinx.
The editors had to content themselves with sending shorthand writers to
Norwich to report the case fully for the benefit of their circle of
readers, whose appetite for a legal quibble was never satiated by
repetition.
On the other hand, the case aroused but languid interest in the breasts
of the ordinary public. The newspapers had not given the story of the
murder much prominence in their columns, because murders were only good
copy in war-time in the slack season between military offensives, and,
moreover, this particular case lacked the essentials of what modern
editors call, in American journalese jargon, "a good feature story." In
other words, it was not sufficiently sensational or immoral to appeal to
the palates of newspaper readers. It lacked the spectacular elements of
a filmed drama; there was no woman in the case or unwritten law.
Public-domain text, read in full here on John Shaqi.
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