Psychological Retrospect
A Committee of the House is at the present time sitting, with the intention of repealing the Lunacy Laws. It was granted on the application of Mr. Dillwyn. At this early period of the sitting we cannot possibly give an idea of what evidence will be heard, or what conclusion they will arrive at, but in our next number we shall go fully into the matter.
Homicidal Insanity has been much discussed of late, in the public as well as medical papers, and several cases, interesting from a psychological point of view, have occurred. We want to call special attention to the cases of Drant and Treadaway.
These two murderers were sentenced to death, but reprieved in consequence of their liability to epileptic seizures.
Drant, at the time of the murder, was suffering from maniacal excitement with violence, whilst under an epileptic paroxysm, and he should have never been convicted in the first instance ; but, admitting the doctrine of the prisoner’s ignorance of the difference between right and wrong, he was, according to our law, entitled to an acquittal on the ground of insanity.
The attacks under which Drant laboured were unmistakably of an epileptic character and were not disputed for a moment. He made a violent attack upon several people without motive or reason, and succeeded in killing one person. The Lancet, in ably discussing the case, says : ” It would be as reasonable to punish an epileptic for biting a bystander during these con- vulsions as to treat any act he may commit as a crime.
In the case of Treadaway, opinions differed as to the nature of the fits. We give the excellent account of Dr. Hughes Bennett, published in the Lancet. He writes as follows :?
On Feb. 8th, 1877, at the Old Bailey, Frederick Treadaway was sentenced to execution for the wilful murder of John Collins, and was found guilty of an attempt to take the life of Mrs. Collins. As the defence was in great part of a medical character, and the case a very peculiar one, it may be interesting to your readers to learn the medical facts of the trial. This appears to be all the more necessary, as the reports of the evidence, as given in the daily newspapers, were very imperfect and inaccurate, and in some of the leading articles even strictures were passed on the nature of the defence. It is not my intention to enter into legal questions, to discuss the general evidence, or to question the decision of the jury; I propose only to record the medical history and condition of Treadaway and the professional evi- dence given in his defence.
On Dec. 23rd, 1876, I was requested by the prisoner’s solicitor to investigate his bodily and mental condition, and after five prolonged interviews with him, the following are the results of my inquiries:? Frederick Treadaway, aged twenty, a hosier s assistant.
Family history.?According to the report handed to me by the solicitor and to inquiries made by myself, Treadaway is the eldest son of nine children. His eldest sister suffered from ” brain fever ” when a child, had delirium and convulsions, and was subsequently paralysed for six months. His father is a man of depressed and melancholic temperament. His aunt died during an epileptic fit at the age of twenty- two, having suffered from this disease all her life. Both his grand- parents were persons of depressed and nervous habit, his grandmother being described as incompetent and requiring a companion to be always with her. One granduncle died imbecile ; a second granduncle com- mitted suicide; and a third granduncle died in a ” fit.” A grandaunt is described as a woman of ” strange behaviour.” His great-grand- mother was imbecile. One great-granduncle was imbecile; another was an inmate of St. Luke’s Asylum. The daughter of a great-grand- aunt was an inmate of Hanwell Asylum. On the mother’s side two granduncles were insane.
Personal history.?Treadaway states that he was quite healthy till about two years ago. For twelve months prior to this he had indulged in great sexual and alcoholic excesses. With this exception he had before and has since led a steady and temperate life. Shortly after this he became very subject to frequent and severe headaches of a stab- bing and throbbing character, which symptom has lasted to the present time. During the last two years he has had six or eight seizures of unconsciousness, or, as he calls them, ” fainting fits.” All these have been of similar character, some of them, however, being more pro- longed and severe than others. He described them as follows:?
“While in ordinary good health, without apparent cause, he suddenly experienced a severe shooting pain and throbbing in his head, followed by a giddy sensation, in which everything seemed to turn round. He staggered and had to lay hold of something for support. He had the sensation of a ” black cloud ” coming over him, and then he lost con- sciousness. On recovering his senses (he thinks in a few minutes) he suffered from headache and felt confused in his ideas. In a short time this latter passed off, and he was able to walk on; in an hour or so he was again quite well. During the last two years, and only since then, he has been subject to occasional involuntary micturition during sleep. This occurred every month or two, and without apparent cause. He has ever since then complained of various (nervous) pains, sometimes in the branches of the fifth nerve, but more especially in the cardiac region, where he describes a severe pain and a sensation as if a cord was being tightly pulled round his chest. About the middle of August last he was out of employment, and had in consequence to live at home. Although he was supported by his family and received every kindness at their hands, he gradually became depressed and despondent. He brooded over his ” misery,” and finally became so melancholic (ap- parently without cause) that he several times contemplated putting an end to himself by suicide. Several methods suggested themselves to his mind, such as drowning, but he finally decided to shoot himself, as being, he thought, the most expeditious method. Hence the purchase of a revolver.
On the morning of December 15th (the day of the crime) Treada- way says he awoke with a severe headache, and felt generally unwell. While sitting talking with Collins on indifferent subjects he experienced a throbbing in his head, followed by giddiness, and the sensation of a black cloud and darkness coming over him. From that moment he remembers nothing till he found himself in the street. For the re- mainder of the day he felt dazed and confused, and it was not till the following morning that he thoroughly realised his position. With the above exception he has always considered himself a perfectly healthy person.
Present condition.?Treadaway is a youth of fair complexion, somewhat short stature, well built, and healthy-looking. His forehead is low, and his head small. There is nothing abnormal about his appearance; on the contrary, his countenance is frank, open, and decidedly pleasing. His statements are perfectly consistent. He makes no attempt to conceal anything connected with himself or the crime of which he is accused, but explained it as above mentioned, and ex- pressed the greatest sorrow and horror at its results. Altogether his conduct and conversation impressed me favourably. On physical exami- nation all his organs were found healthy.
Commentary.?In my report to the solicitor I concluded the exami- nation of the above statement by saying: ” If the preceding assertions can be established the following conclusions might be deduced. ” 1. That, as insanity or some form of nervous disease has existed in the family of both the parents of Treadaway for several generations, to a large extent on the male and to an appreciable degree on the female side, there is a strong presumption that Treadaway inherited a pre- disposition to nervous disease.
” 2. That, although the health of Treadaway is apparently normal at the present date, still, from the description that is given of the various symptoms from which he has suffered during the last two years, there is a strong probability that he has been affected with epilepsy.
” 3. That, although since August last he has been in bad circum- stances, and has had certain vexations and troubles, he has greatly exaggerated their importance, has been unusually depressed in mind, and has several times contemplated suicide. These are indications of mental weakness.
” 4. That Treadaway committed the crime of which he is accused during an epileptic seizure. In such a condition an individual is unconscious, and not responsible for any act which he may perpetrate. ” 5. That considering the consistent statement of Treadaway, and his accurate description of a complaint which is little known to the public, there is every probability that his assertions are in the main truthful.
” 6. That, looking to his naturally kind and amiable disposition, his temperate habits, his making no attempt at concealment, his apparent want of motive to commit any crime, his inability to re- member the details of his act and all the general circumstances of the case, the homicide would appear to be rather the result of disease than of malice or intended robbery.”
Proofs.?During his first examination at the Westminster Police- court the prisoner had two ” fits.” No medical man was present, so that their nature remains uncertain.
During the trial at the Old Bailey the prisoner had a ” fit.” He sud- denly uttered a smothered cry and fell down. When I reached the dock, perhaps a minute later, I found him lying on his side, held down by two or three warders, his body writhing, and his limbs being moved about in every direction. The lace was slightly flushed, the eyes were widely open and staring, but the conjunctivae were sensitive to the touch. The prisoner was immediately removed to the cell below the court. His condition then?that is, perhaps two or three minutes after the seizure commenced?was as follows:?He was lying on his back on the floor. At intervals there was powerful convulsive movement of all the muscles. The whole body, and especially the limbs, were thrown into such violent movements that it required two or three men to keep him from injuring himself or others. The head was thrown somewhat backwards, and there was slight tendency to arching of the back. The muscles of the jaw were contracted, although the counte- nance was not actually distorted. There was no evidence of the tongue having been bitten. Some of the movements seemed to be of a tonic, and others of a clonic, character. The movement of the muscles was such that the body was pushed hither and thither as it lay on the floor. The face was paler than at first. The eyelids, when opened, remained so, leaving the eyes partially exposed. The eyes were fixed and staring. The conjunctive were perfectly insensible to even the roughest touch ; the pupils were widely dilated and insensible to the stimulus of light; the patient was perfectly insensible. I placed a large pinch of snuff in a quill which I had in my pocket, and blew it up his nostrils. There was no sign of sneezing or reflex action. The lips were covered with frothy saliva, but no appearance of blood. The respiration was impeded, and at intervals a quick inspiration was taken. The pulse was small, weak, and rapid ; the arteries of the neck throbbed strongly. In what appeared to be about five minutes Treadaway drew a long sighing inspiration, after which the movements of the body almost stopped, and he at once began to sneeze. The conjunctiva} were then found to be sensitive to touch, and the pupils had contracted and acted on the stimulus of light. He remained in a drowsy and soporose con- dition, and did not speak. When asked repeatedly if he felt any pain, he never took any notice, but once he put his hand to his head. This condition remained for perhaps fifteen minutes longer, when it was seen that he would not be able to appear in court again that day. Half an hour later, when I saw him at Newgate, he had somewhat recovered, but was still in the same soporose condition. His muscles were relaxed, interrupted only by occasional slight tvvitchings of the limbs. He would not speak; but on one occasion, when asked if he had pain, pointed to his head, and said ” knife.” He also placed his hand over his heart, as if there was pain there. In this condition I left him. Next morning, when I saw him before the trial, he was quite well, and had passed a fair night, but had not his accustomed appetite for breakfast. Mr. Gibson informed me that he had this morning given the prisoner a pinch of the same snuff that had been used without effect on the pre- ceding day; now it caused him to sneeze with great violence.
At the trial the following facts were established by witnesses: (1) The hereditary history of insanity and epilepsy in the family; (2) the headaches; (3) having had at least ten fits some two years ago, and one last year; (4) the wetting of his bed during sleep; (5) his great depression and melancholia since August last; (6) his having suggested, before more than one person, ideas of suicide; (i) his appearing unwell the morning of the crime; (8) the epileptic seizure of the preceding day; and (9) the naturally amiable and affectionate disposition of the prisoner.
Medical evidence.?In the public newspapers this was imperfect, in many points erroneous. I now endeavour to give the evidence in extenso. It was to the following effect:? Dr Hughes Bennett: Although sane at the present time, it does not follow that the prisoner was conscious of his actions at the committal of the crime of which he is accused. According to all the circumstances of the case, the facts proved?and if the statements of the prisoner are correct there is every probability?that he is an epileptic. There are several forms of epilepsy. The popular idea of the fit is that which is. accompanied with convulsions. There need not necessarily be convulsions, but only loss of consciousness. This latter has been called epileptic vertigo. These two forms may alternate with one another. Owing chiefly to the writings of Hughlings Jackson, Maudsley, Russell Reynolds, Hammond, Trousseau, Falret, Esquirol, and others, epileptic vertigo is a recognised disease. There is abundant testimony to show that during such seizures persons may perform actions and even speak and answer questions automatically. There are numerous examples in the works of the above authors proving that in an un- conscious condition persons can progress from odd or eccentric actions to deeds of violence, suicide, or murder?being unable to remember the circumstances afterwards, and therefore irresponsible for their actions. Quoted instances in his own experience, more especially two cases. The first was that of a gentleman of the highest education and integrity. He was an officer in a Peninsular and Oriental steamship, in which he (Dr Bennett) happened to be travelling. Various state- ments were from time to time made and amply witnessed of odd things this gentleman had done, and of which he had always denied any knowledge. During Dr Bennett’s personal knowledge of him, lie had several times attempted to commit suicide in different ways. lie was prevented from doing so by others, and a few ^ minutes afterwards, when he came to himself, he was totally unconscious of having made any such attempt. He fancied he was being made the subject of a hoax. He several times tried to throw himself overboard. He on one occasion attempted to poison himself, but drank by mistake an in- nocuous fluid. These attacks came on about once a month. During the intervals he was perfectly sensible and intelligent, and could not imagine what induced him to do what he did. Finally, one day Dr. Bennett found him looking ill. He was asked what was the matter.
He replied that he felt very unwell, but did not know why. Opium poisoning was suspected, and subsequently about a pint of laudanum was extracted from his stomach with a stomach-pump. He had taken it out of the surgery, and was afterwards quite ignorant of the fact. On account of these seizures he was dismissed from the service, which ruined his career in life. Another case was cited, where a respectable married man had sudden temporary fits of unconsciousness ; while they lasted he assaulted his wife, children, the other patients in the ward, or anyone who was beside him, although when in his senses he was a most affectionate husband and father. He was perfectly ignorant of what he was doing, and Avas deeply distressed at the results of his violence. A person might suffer from the epileptic vertigo without knowing it. Epilepsy in all its forms is hereditary. There is a certain affinity between insanity and epilepsy, in so far that insane parents may beget epileptic children, and vice versa. The prisoner’s family was strongly tainted with insanity and epi- lepsy, and therefore it is probable that he inherits a predisposi- tion to nervous disease. Dr Bennett stated in detail the symptoms described to him by the prisoner. Sexual and alcoholic excesses are considered by many to be an exciting cause of epilepsy.
This occurring shortly after puberty, with a predisposition to disease, might cause nervous affections to manifest themselves. The description the prisoner gives of his fainting fits is quite consistent with attacks of epileptic vertigo. Frequent throbbing in the head without apparent cause, in a young healthy man, is consistent with epilepsy, and is a common symptom of this disease. Involuntary micturition during sleep, without cause, was also met with in such cases, indicating an attack during the night. The neuralgic pains, especially the angina pectoris, sometimes accompany epilepsy. The attacks the prisoner describes must be one of two things, either epilepsy or ordinary faint- ing, From any single attack it would be difficult, from his description, to distinguish between the two. Assuming the statement of the prisoner to be correct, and taking the family history and the other ner- vous symptoms into consideration, the evidence appears to be in favour of epilepsy. It is quite possible that a crime might be done during an epileptic seizure. The fact that the prisoner was depressed and melan- cholic without sufficient cause, and his constant statements that he was miserable and anxious to ” put an end to himself,” indicated, in Dr Bennett’s opinion, an abnormal mental condition. The fit the prisoner had in court yesterday was, in Dr Bennett’s opinion, somewhat an anomalous one, but was of an epileptic character, indicated chiefly by the total unconsciousness and the dilated and insensible pupils.? Cross-examined: In the ordinary acceptation of the term the prisoner could not be said to be insane. While in a state of epileptic unconsciousness a person might commit almost any act without knowing it. The attack itself did not generally last more than three or four minutes, but the effect of it might last several hours. Taking the attack which occurred last July alone, there is nothing from the description inconsistent with an ordinary fainting fit. Epilepsy is a disease of the brain.
Dr Rhys Williams, Superintendent of the Royal (Bethlem) Hospital, had seen many cases of epileptic vertigo, and he corroborated the evi- dence of the last witness that this was an acknowledged form of disease. He described a case in which a gentleman, while sitting at breakfast, had assaulted his wife with a table-knife, and afterwards was not able to give any explanation of his conduct. He was subsequently under medical treatment for fourteen months for epileptic vertigo. Every- thing done by a person while suffering under an attack of epileptic ver- tigo was automatic; they were then mere machines, and would after- wards have no knowledge of anything that occurred during the attack. When he recovered, a patient might feel that he had done something, but he would not know what. The longest instance of unconsciousness of this kind that he was acquainted with was one hour. The witness stated that all the symptoms that had been described in this case with regard to the prisoner were consistent with the idea that he was suffer- ing from epileptic vertigo. He had seen the prisoner on the previous day in the cell below the court, and he found him perfectly unconscious, and the pupils of his eyes were dilated. He had no doubt that it was an epileptic fit, with hysterical symptoms. He regarded epileptic lunatics as the most dangerous of all those afflicted with insanity, and such persons are most likely to commit sudden acts of violence. Mr. Richards, Superintendent of Hanwell Asylum, had great ex- perience in epilepsy, himself treating on an average 315 cases per annum. He had seen several cases of epileptic vertigo. He agreed in the opinions expressed by the last witnesses with regard to the nature of this disease. He had been several times attacked by patients suffer- ing from epileptic vertigo. On one occasion an epileptic patient was talking pleasantly to him, when suddenly her eyes became vacant, and she hit out at him. She appeared to recover immediately, and he asked her why she had struck out at him, and she said she did not know that she had done so, and appeared quite unconscious of what had taken place. A few days later this patient had a violent attack of epilepsy. He saw the prisoner yesterday when he was unconscious, and he was of opinion that it was an epileptic fit with some modified symptoms.
Dr Smiles, Surgeon to the House of Detention, said prisoner was under his care from December 18th to January 15th. During that time he was in good health, and never on any occasion exhibited any appearance of epilepsy. With regard to the attack of the previous day, he was of opinion that there was a good deal of hysteria mixed up with it. He heard a young woman who had been examined as a witness utter an exclamation which evidently affected the prisoner and brought on the attack. He had no opportunity of seeing the prisoner except from the court, and he did not go into the gaol. (It is to be observed that this witness was on the bench. The prisoner’s attack took place on the floor of the dock, and chiefly in the cell below the court.) Dr Gibson, Surgeon to Newgate, said prisoner had been under his charge since the loth of January. While under his observation he had been perfectly healthy. Although the chief symptoms of yesterday’s attack were those referring to an hysterical condition, the graver of them were of an epileptic character. There might be a distinct convulsive attack in those cases without any premonitory symptoms. Strong efforts had been made to restore him after he was taken from the dock, and a quantity of snuff was blown up his nose, but was not followed by any effect. This morning he had given the prisoner a pinch of the same snuff, and it caused him to sneeze violently.
The jury were asked to decide whether at the time the prisoner fired the revolver he was conscious and knew the nature of his act. They answered in the affirmative, and found him ” guilty.” He was accord- ingly sentenced to death.
Such are the medical facts and evidence in this remarkable case. The jury have found Treadaway guilty; nor am I prepared in any way to question their decision. There was no defence whatever except the question as to whether, as the prisoner stated, he was unconscious of his act. The judge admitted that no proof whatever could be obtained of any motive for the crime. In the interests of justice and humanity it was therefore incumbent on those entrusted with the task to care- fully collect all the statements and facts concerning the prisoner’s health, and in laying them before the authorities it was their duty conscien- tiously to draw from them such inferences concerning the prisoner’s condition as would assist the jury in the performance of their most responsible duty.
Dr Risdon Bennett, President of the Eoyal College of Physicians, and Dr Crichton Browne, the eminent Psycho- logist, were requested by the Home Secretary to examine the prisoner and inquire into the nature of the fits. Their decision has never been published; but we may assume, from the decision of the Home Secretary and the subsequent reprieve, that it was favourable to the insanity.
Dr W. A. F. Browne, of Dumfries, published, in 1865, an excellent treatise on ” Epileptics and their Mental Condition,” published by Adlard, Bartholomew Close, to which we refer our readers. The conclusions arrived at are that Epileptics should not be hanged or subjected to any kind of punishment except the detention necessary for their own protection and that of society. They are liable to sudden and violent irra- tional impulses, over which all control and power is lost accord- ing to the duration and intensity of the disease ; and where the ‘ explosive seizures’ or convulsions occur there is invariably mental confusion and loss of memory. This was apparent in the case of Treadaway, though doubted by some.
Both Drant and Treadaway are now under sentence of hard labour for life. We cannot for one moment admit the legality of this; either guilty, or not guilty on the ground of insanity, should be the verdict. If the latter, the prisoners should be sent to Broadmoor, and not punished as ordinary criminals, as if they were acquitted in consequence of strong extenuating circumstances.
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