"How have you commonly found the reason affected by this disease?"
"The mind is frequently subject to aberration, but more frequently in the typhus, than in the typhoid fever."
"Had you any reason to think the mind of Mr. Fuller was thus affected by his disease?"
"At times his language was strange, and his thoughts incoherent. But he was more free from aberration than patients generally in that fever."
"How near the date of his alleged confession, do you remember to have witnessed any such wanderings?"
"I think his mind was rather wandering on the previous morning."
_Mr. Burke._ "Had you given him medicine from which unnatural excitement could result?"
"I had not."
Cross examination by Mr. Willard.
"Did you consider him of sound mind and memory on the night of his confession?"
"I did."
"How did he appear after the confession?"
"Very much relieved.--calm and peaceful."
"Are you confident that his mental aberrations resulted from his disease?"
"I considered them in a great measure the result of a troubled conscience."
Mr. Curtiss sprang to his feet, and said, "May it please your Honor, I must object to that question. It calls forth a reply not legitimate to the profession of the witness. Cases of conscience belong to the Clergy."
_Judge._ "The witness will proceed, confining himself to facts pertaining to the case."
Mr. Marshall, the Attorney General, asked, "was there any particular subject on which his mind seemed to be dwelling in what you supposed mental aberrations?"
Mr. Burke arose under considerable excitement. "Your Honor, I must protest against the introduction of testimony going to show the subject of a crazy man"s thoughts."
Mr. Marshall stood waiting to reply. "Your Honor will consider the special importance of this testimony as showing the state of the confessor"s mind, and the subject which princ.i.p.ally occupied his thoughts."
After a prolonged discussion of the admissibility of this testimony by the learned counsellors, the Judge decided the question in order, and directed the witness to proceed.
"He often repeated the words, "that"s all I remember; they can"t take me up for that. And if they do, I"m not answerable; they that hired me will have to bear the blame," and so much more of the same general import that I was led to suspect,"--
"Your Honor," exclaimed both the lawyers for the defence. The Junior waived, however, in favor of the Senior. "I hope your Honor will remind the witness that he is here not to relate _suspicions_, but facts."
_Judge._ "The witness may proceed and restrict himself to facts, or to such professional opinions, as are material to the case. He is to give his honest views frankly and fully."
"I was saying that I _suspected_, he was laboring under remorse of conscience, and I urged him, if such were the fact, to seek relief by confession."
_Mr. Willard._ "What was the date of this conversation?"
"At several different times. The one to which I particularly referred, took place two days before his death."
Dr. Clapp, partner of Dr. Lenox, was called, whose testimony corroborated that of the preceding witness.
Mrs. Martha Fuller was next called.
_Mr. Curtiss._ "What was your relation to Hugh Fuller?"
"His wife."
"Did you discover anything during your husband"s sickness which led you to think him insane?"
"I did."
"At what part of it more particularly?"
"The latter part."
"What did he say that led you to infer that he was crazy?"
"Sometimes he did not know me, called me by another name, talked wildly, and was frequently wandering in his sleep."
"How near the time of this alleged confession did you notice any signs of insanity?"
"On the night and day preceding his death."
Cross examination by Mr. Willard.
"Did you hear your husband"s confession?"
"I did."
"Did you consider him crazy at that time?"
Hesitating. "I did not."
"What reasons had you for not considering him so?"
"He called us all by name, and talked rationally about other things, and gave me directions about the children."
"Had he frequently talked with you in this way during his sickness?"
"He had not."
"But during his sickness, had there not been days, or longer seasons, when he appeared rational?"
"There were."