Year: 1868

Trial of George w. Cole for the Murder of


l.. Harris HiscOck at Albany-ContinuatiOn


of the Testimony for the Defence.


ALBANY April 27, 1858.


The following ia the continuation of the testimony
on the part Of the prisoner


Frank II. Hamilton, examined by Mr.. Brady-I am
physician resided in New York since 1851; was in
the army for three years regimenal surgeon, and
medical inspector of corps; before that resided at
Buffalo; graduated in Pennsylvania in 1910; 1 was
professor in the medical college at Fairfield, Her.
kmer county, at Geneva College and at Bellevue
Hospital; have somewhat given my attention to
the subject of insanity; heard the question put on
Saturday.


O. Assuming the facts therein stated to be true,
what in your opinion was the prisoners condition9
A. should say that he was OF unsound mind; one
reason is that OF the change in his disposition after
having been so social among his friends; call the
unsoundness of mind melanchoa the peculiar
change of character Is liable to lead to frenzy; mel
ancholia Is generally state of disquet;
his physical condition would tend to mel.
ancholia from the injuries he is said
to the spinal chords and to his nervous
system; being the result paralysis OF the
Of the stomach and liver produces hypOchondria;


the prOtrusion OF the gut was due to paralysis OF the
nervous systemi have never known 1t to occur In
middle life without extraordinary prov0caton;
the membranes in the lower eXtremties is due to
affection Of the spinM chord; melanchola Is mani
tested by reticence; the subject is ordinarily de-
pressed; looks at things under cloud; is more or
less intense In jealousy or revenge, and magnifes
ms nsi9rtnnes; II at rs. disPoses the individual TO
him to acts OF violence against Others q great do
mestic calamity would aggravate its symptoms, and
as In this case; the person should suddenly come
upon upon a. person alleged TO- be the sedncer
ssDss If he vsy d his


1t would be an insane act; there limits to
the suddenness upon which insanity may come upon
aperson 1t may come as suddenly as stroke of apo
pleXy epilepsy; sometimes 1t disappears sudden
ly there Is line between melancholy and mel
anchOlia there is exact line between health and
vent person attending to his ordinary busi-
ness. up TO the moment that frenzy ensues;
first saw the prisoner on Saturday
evening in the jail; examined him them; find he
has fracture OF the breast bone about three inches
above its lower end the fragment still remains a
little depressed, and also the corresponding ribs on
the opposite side his belly is unaaturally swollen,
one-third more than 1t ought to be; attribute that
to paralysis OF the intestines; fnd too, that the
muscles of the belly are somewhat paralyzed; the
lett lower portion OF the belly is nat, indicating that
there is consolidation OF tissue, being pressed to-
gether than it should be; observed the remnants
OF old pes the Rectum is crammed full OF old feces;
he could not expel them; he succeeded In urlnatng
Wi great effort; the result showed that 1t not
done IN a natural way; that indicates almost COM
p!ete paralysis Of the bladder did not notice any
vertebrae seemed to be painful to him; he shrank
from touch of the breast fracture; the sweat upon
his face proved the inhcton OF pain; his Pulse ioe
from ninety to one hundred and ten; the average
pulse OF person at his time OF life Is seventy
five to eighty; examined him again yesterday
noon; ! repeated my tests had the same results
found he had more difficulty In urinating found
blood upon his pillow he said he had bled at the
the brain he exhibited great nervousness during
examination his might be termed bilious san
guine temperament piles tend to produce low


Cross-examined by Mr.. Sedgewick-I have not been
connected with any insane insttution l have not
made the subject or insanity my especial. study; in
giving my opinion of his mental condition based 1t
upon the truth OF the facts stated some Of the
sumptons may not be true and the result may be the
tion; II that were unchanged my opinion would not
be changed entirely; as single element II is
unsoundness Of mind, Is that In which the will Is
wholly or partially lost; insanity is disease that
effects the BRAIN but not all diseases OF the brain
produce insanity; if the brain was originally sound
and II become affected by disease, 1t Is insanity
to greater or lesser extent the extent +
is a condition OF partial unsoundness OF
mind; would not say SO In all cases; man OF
may be sane; cannot tell from my eX-
animation when the injury to his breast bone oc-
GU red; the gangllon is the centre OF a system OF
nerves very intimately connected with the brain;
an injury to the gangion system Is more likely To
affect the brain than an injury to the spne its nerves
extend to The spine and the bran every writer on
insanity speaks OF the gnagonic system; l presume
1t viii be found in Ray and Beck probably In Rush
and Taylor.


Mr. Sedgwick put supposititious case of the prls-
Oner's condition 10 the Witness A. should say that
he was partly, nearly cured; not that he had been
insane, or tnat 1t might not recur again; too much
drink q certain kind or dinner mght bring on in
sanity again; the ordinary professional way 10 ascer.
tain mans insanity Is To have a personal examiua-
ton, Us well as to get history OF the case; do not
know whether or not melancholy attacks O
person suddenly; have no doubt 1t does
occur; cannot say that ever read OF such case;
suppose sudden injury may produce 1t; do not
think that an injury 10 the breast bone and the alb
domen would necessarily produce melanchoa; did
not mean to say that person afflicted with melan-
CHI bay yiuH la6 IA IL mi tuna
would no doubt take the life Of the person who had
injured him; he would be likely to; do not
as have said be insane act; the act does not de-
termne its character In that respect determine iis
have no doubt he had intellect enough to know that
the act would produce death think that he believed
the act was right; most insane persons know the
was wrong to Kill then 1t was not an
Insane act and the person was sane,
be against the Jaw, civil aud religious, and yet to be
insane; think there may be insanity without deu-
sion in its technical sense; deuslon In that sense
means an error in Judgment without any foundation
In facts think there can be melanchoa without
mental frenzy, loss Of mental faculties delusion;
upon c'n meIancholia; / do not think the prisoner
was insane when I saw him In Jail on last
saturday; the general rule In cases Of melan-
cholia Il that persons do not recover suddenly,
think II would be difficult 10 cure person OF
meanchoa 80 long ae the physical causes existed;
by removing all mental eXcitements he may improve,
though the cause remain; Observation-Disclosures is no
evidence OF insanity, nor IL rcicence nor low spirit
edneSs: If all these exist N a minimum degree II Is
no evidence OF insanity; if IN the maximum degree,
1t may be evidence; person afflicted with melan-
cholE may not exhibit i for a while; do not think
q case like this VIII ordinarily result IN dementia; it
would tend towards II; In many cases IL would end
IN II.


Direct examination misunderstanding that he
was insane when committed TO jail should say that
his confinement would improve his conditions; an In
sane man often does sane acts; the confirmed luna
tic does not always talk and act insaney: he may do
for whole day. Is the rule rather than the ex-
ccption that lunatic at times talks with apparent
reason; II cannot always be certainly determined
when they are restored to reason; In the evidence
have given mean to say that do not consider the
prisoner TO have been responsible.


Cross-examined--Cases Of kleptomania are called
moral insanity; In these do not consrier the person
responsible: do not know when considered the
prisoner to have become irresponsible; during the
time his irresponsibty vacated In proportion 10
the character and degree Of his disease.


Daniel Messenger sworn--he testined that he knew