The New York herald., 1873-07-02
tie while before the waking hour; epileptic diseases
might well exist without friends recognizing 1t.
pEMENTEp LAWYER.


DEMENTED LAWYER.
The witness here stated the case OF q lawyer who
came to him for advice, having unfortunately read
the subject up, and having heard the symptoms OF
mis- own condition only from his wife, yet who,
before the doctor admitted him for treatment.
attempted In o it to stab him, ana died ultimately
in dementia. Up to that time his condition was
not suspected, except by himself Alter this
attempt to stab the doctor lie rested briefly. and
did not remember clearly the matter, and when ne
was told Of II was very much ashamed oil himself.
He narrated the facts OF the case OF Jackson. VINO
brought up as gentleman. suddenly ss9' nus ms
father twice. The father was bad man ana was
assailing his mother. subsequently he driited into
undoubted insanity.
Judge Garvin here put prepared Hypothetical"
question, briefly reciting the Iacts, and commenc.
ing, suppose young man, well born ana well Wen
OF the family relations his knowledge oil 1t, his sud
den change OF manner, his curious acts and physi-
Cal symptoms, the incioents mentioned by young
Pond and Dr. Grant, and the injuries TO his head In
early life, and the occurrences OF the I'd and 81 OF
| ability to study, with the curious actions which
sometimes accompanied his inability to study; MS
headaches, cOnvulsions, languor, Inconsistencies,
moOdiness, pallOr ana muscular twltchingY
A. Those facts would indicate very marked
case OF epilepsy, with mental impairments.. such
described person would he liable at any tine to
an attack in which the will would be wholly I'm
paired.
case denoting mental impairment are the facts Of
his failure as law student and hs iorgetiulness OF
German phrases which he had before lamiliarly
used; the physical symDtO tOms are inconsistent with
hysteria; did not say that
THE SHOOTING OF THE FATHER
occurred during an epeptic attack; said that ne
was liable at any moment to such an attack; cpl
eptc attacks are so far as we can see unpre medl-
tated and causeless in the case mentioned the
attack on me was in the epileptic condition, fol-
lowing the epileptic seizure; he did not remember
the affair afterwards tnas Is the usual ,aE!; ~
once twice In lifetime. especially after ma
turity, there Is no notable change In the general
nj h1t 10 a
where the attacks are at intervals the patient Is
usually capable, in the intervals, of carrying on his
deterioration, ending in dementia; in some cases
there are no symptoms preceding an epieptic
ness or constipation, and in rare instances pre-
cedent manacal outbreak; in cases OF petit NAL
the apparently milder form, which IS very brief
ness, bewderment or wildness; they do not re-
member what occurs during the seizure, but some
times have an indlstinct memory OF what occurred
during the later epileptic stage; have known
cases where the memory OF a number OF days was
cut out, though had supposed they were, ing
that period, cOgnizant OF their acts.
MIR. Phelps here detailed the statement of the
prisoner after the shooting as to the affair, and
asked whether the recollection OF the events by
the prisoner would affect his judgment as to his
epileptic condition. The doctor commenced an
swering that il that statement were literally true
his opinion when he was interrupted by the District
Attorney, and forced to answer categorically He
stated that his recollection OF the events would
not alter the DOCTORS opinion as to his epileptic
condition, but added that there was
SUFFICIENT DATA
from his statements as given to decide whether he
had that morning an epileptic seizure; Jackson's
case was not case OF epilepsy; he mad, however
no doubt that IN JackSOnS case the killing arose
from an insane deusiOn.
To Juror-These attacks cover period Of time,
though within the period or circle of the attack
minor attacks may occur.
TO the Court-T6e disease is not strictly periodi-
cal; it Is rarely curaoe IN cases OF simple convul-
sive epilepsy the physical condition sometimes Is
perfect.
10 NT. Phelps-I have known persons with cpl
business OF lite; Caesar and Mohamed are said to
have been epi. optics, and Napoleon, Alexander and
some other distinguished men are said to have had
epieptc attacks the rule is, however, that mental
degradation sets in 1t Is the cerebral epilepsy, or
petn mai, which lconslder the most liable to be-
come incurable; there is a certain periOdicity in
the recurrence OF the attack, but an exciting cause
may bring it ON at any time as rule, the epleptc
where 1t was directed at particular individual.
BRIEF sUSPENSlON.'
The Court here suspended for a few minutes to
enable Judge Davis to take part IN the General
Term. At the reassembling OF the Court
DR. Gray was examined by Mr.. Beach, and testi-
fed further-I spoke of an attack lasting TWO or
three days. the lit meant would only last very
brief time, but the epieptlc condition might
remain longer time, during which he would
seem to be in rational condition., yet
really his mind wholly under the epeptc
apparently rational manner, yet the epileptc
condition, with its violent tendencies, continues;
ordinarily the ht is terminated by u healthy nor.
mai sleep; some of the books state epieptlc at
tacks VIII ch were ACCOMPANIED by distinct men-
ory OF what occurred in them; In my own practice
| have found some who could remember but could
not determine whether they spoke from memory
or from the information of Others
The defence here closed.
TESTIMONY IN REgrrTAL-AN EDITOR ON THE
STAND
The prosecution called, in rebuttal, Francis S.
Street. OF the New York weekly who testified that
the deceased was well known to him for year; he
was writing for that paper.
agreeable courteous and cheerful; he was very
quiet and gentlemanly; never saw any violence
had fnt,,i ,ily. hav
alluded to it but on one occasion; showed hln an
article IN the Tribune complimenttng his wlfes
readings at saratoga; he smiled ana was pleased,
and asked me TO give him the artice never
him any sign of liquor; never heard him use
prolane oaths.
To Mr. OConor-I saw him in all at our ofiice
from twelve to twenty times; he came to our
paper to offer his productlons we paid him for
one serial during the year $1,000; we were arrang-
| ing with him for second he was to come down
on tnat Tuesday to arrange terms; he was always
neatly and properly dressed: he looked like quiet
gentleman and not a hungry author; published
! some placards containing this-"Let Tracy Wal
worth speak FOR hmsef;r they were pasted up so
| that people could read them; believe we pub
lished an editorial denying the truth OF the stories
| against hm.
John Larry restaurant keeper, testified that
Mr.. Walworth for two or three years got his meals
there; he spoke with pride OF his lather he never
| swore; he never drank but once at witness bar;
| he always gentlemanly; he was generally
cheerful; witness heard from another party that
! he was a married man; witness never saw him
! show pistol or be engaged in quarrel.
| To Mr.. OConor-Ie generally took three meals
! day at my restaurant.
| WHERE HB GOT SHAVED.
Henry Ackerman, barber, testified he mad
known Mr.. Waworth four years; he was COM
| monty shaved by witness, and when witness be-
! came sick he came and inquired for hlm and
| brought him grapes and fruits he was gentleman
| from the top to the FOOT he never got angry;
| witness taught him German; he never was pro-
fame; he belonged to their singing society, and was
! pretty regular attendant: saw he had some kind
! OF feeling in his heart, but was ashamed To ask
! him; never saw him have any drink except maybe
glass OF lager beer, as any gentleman might; /
! never saw him intoxicated; never saw him have
! a pistol our society the New York Manner
| chor; saw him last at eleven O'Clock on Monday
! night, before he was shot.
STATEMENT OF HIS GROCER
Herman Bettgeman, grocer, testified that the
deceased visited mis- store once or twice week Tor
the last two years; his demeanor not cheerful,
but quiet, not violent; he never heard him utter
| violent oaths; never saw anything ODD about MN.
! .Iu IIn cnIl Ii mo u lns