Redington suggesting that, in
view of the lateness of the hour, Counsel should defer calling evidence
for the defence until the following day. As a judicial suggestion is a
command, the court was adjourned accordingly, the judge first warning
the jury not to try to come to any conclusion, or form an opinion as to
what their verdict should be, until they had heard the evidence for the
prisoner.
When the case was continued the next day, the first witness called for
the defence was Dr. Robert Greydon, an elderly country practitioner with
the precise professional manner of a past medical generation, who stated
that he practised at Twelvetrees, Berkshire, and was the family doctor
of the Penreath family. In reply to Mr. Middleheath he stated that he
had frequently attended the late Lady Penreath, the mother of the
accused, for fits or seizures from which she suffered periodically, and
that the London specialist who had been called into consultation on one
occasion had agreed with him that the seizures were epileptic.
"I want to give every latitude to the defence," said Sir Herbert
Templewood, rising in dignified protest, "but I am afraid I cannot
permit this conversation to go in. My learned friend must call the
London specialist if he wants to get it in."
"I will waive the point as my learned friend objects," said Mr.
Middleheath, satisfied that he had "got it in" the jury's ears, "and
content myself with asking Dr. Greydon whether, from his own knowledge,
Lady Penreath suffered from epilepsy."
"Undoubtedly," replied the witness.
"One moment," said the judge, looking up from his notes. "Where is this
evidence tending, Mr. Middleheath?"
"My lord," replied Mr. Middleheath solemnly, "I wish the court to know
all the facts on which we rely."
The judge bowed his head and waved his gold fountain-pen as an
indication that the examination might proceed. The witness said that
Lady Penreath was undoubtedly an epileptic, and suffered from attacks
extending over twenty years, commencing when her only son was five years
old, and continuing till her death ten years ago. For some years the
attacks were slight, without convulsions, but ultimately the grand mal
became well developed, and several attacks in rapid succession
ultimately caused her death. In the witness's opinion epilepsy was an
hereditary disease, frequently transmitted to the offspring, if either
or both parents suffered from it.
"Have you ever seen any sig
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