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Updated: May 10, 2025
The lawyers in court settled back with a new enjoyment at the prospect of the legal and medical hair-splitting and quibbling which invariably accompanies an encounter of this kind, and Crown Counsel and solicitors displayed sudden activity. Sir Herbert Templewood and Mr. Braecroft held a whispered consultation, and then Mr.
In reply to a direct question by Sir Herbert Templewood, he expressed his deliberate professional opinion that the accused was not suffering from epilepsy in any form. Epilepsy did not start off with a bad attack ending in violence or murder.
Then the Clerk of Arraigns gabbled over the charges: wilful murder of Roger Glenthorpe on 26th October, 1916, and feloniously stealing from the said Roger Glenthorpe the sum of £300 on the same date. To these charges the accused man pleaded "Not guilty" in a low voice. The jury were directed on the first indictment only, and Sir Herbert Templewood got up to address the jury.
Sir Herbert Templewood and every lawyer in court were by now aware that the defence were unable to meet the Crown case, but were going to fight for a verdict of insanity. The legal fraternity realised the difficulties of that defence in a case of murder.
The general opinion among the bunch of legal wigs which gathered together at the barristers' table as Sir Herbert Templewood resumed his seat was that the issue had been very closely fought on both sides, and that the verdict would depend largely upon the way the judge summed up.
"It would probably aggravate a tendency to epilepsy, by lowering the general health." "Thank you, Sir Henry." Mr. Middleheath resumed his seat, and Sir Herbert Templewood got up to cross-examine. Sir Herbert Templewood did not believe the evidence of the specialist, and he did not think the witness believed it himself. Sir Herbert did not think any the worse of the witness on that account.
"You say accused was moody and depressed when you saw him?" asked Sir Herbert Templewood. "Yes." "May I take it that there was nothing terrifying in his behaviour nothing to indicate that he was not in his right mind?" "No," replied the witness slowly. "He did not frighten me, but I was concerned about him. He certainly looked ill, and I thought he seemed a little strange."
Sir Herbert Templewood concluded his address in less than an hour, and proceeded to call evidence for the prosecution. There were nine witnesses: that strangely assorted pair, the innkeeper and Charles, the deaf waiter, Ann, the servant, the two men who had recovered Mr.
Gilbert Horbury, who described himself as medical officer of His Majesty's prison, Norwich, and formerly medical officer of the London detention prison. In reply to Sir Herbert Templewood, he said he had had much experience in cases of insanity and alleged insanity. He had had the accused in the present case under observation since the time he had been brought to the gaol.
"That is so," replied the witness. "Is that the case?" asked the judge. "That, my lord, is the case," replied Mr. Middleheath. Sir Herbert Templewood, on behalf of the Crown, proceeded to call rebutting medical evidence to support the Crown contention that the accused was sane and aware of the nature of his acts. The first witness was Dr.
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