Trial Court Case Law

October 10, 2008

Four Physicians Testified as Experts in Insanity Defense

There were four physicians who testified in the case as experts, in reference to the sanity of W. G. Parish, and of his responsibility for the acts committed. Dr. Johnson testified: “A highly sensitive man, who thought a good deal of his honor, having occupied high position, upon being accused of murdering his partner and friend, might be impelled to commit a rash act. Such a man, thrown into jail as a common criminal, charged with a grave crime, and who would run against the iron flanges of a jail, producing wounds on the head which confined him to his bed for five or six days, until the date of his death, who was suffering mentally, and was physically prostrated from the effects of his wounds, who was to take his life by cutting himself across the arm and chest, and jabbing himself in the region of the heart, and cutting his throat, all done with a piece of glass, would not be responsible for his acts. No sane man would mutilate his body in that way.” Witness gave it as his opinion that all suicides are insane, and, to eliminate the fact of suicide, there was nothing to indicate an impairment of the mental faculties. “Persons with suicidal tendency know where to strike, and that the blow will result in death.” Dr. McJunkin, another witness, testified: “Having seen Parish under the circumstances I did, and knowing the frame of mind he was in, and the facts of the way he killed himself, I am of the opinion that he was insane. I saw him on Sunday, at 2 o’clock, before he killed himself. I believe he killed himself on Monday. He was, when I saw him, then confined to his bed. In my judgment as a physician, in the physical condition he was in when I last saw him, and the condition he had been in for the week past, prostrated on a couch, I do not believe he would have had the physical strength to have butchered himself up in the way he was butchered; and, in my judgment, he was in a frenzy when he did it, and not responsible for his act. I don’t believe he was himself, mentally or physically, and don’t believe, if he had been, he could have done it, as it was reported to me, although, as a matter of fact, I did not see him.” On cross-examination he said: “I believe that when Parish cut himself with the glass, in the manner that I was told he did, that he knew it would kill him, and his acts indicated a deliberate purpose to take his life.” Dr. Thruston, after hearing the case stated, testified “that he could not see anything in the question that would indicate insanity. The wounds inflicted on himself, according to the testimony I have heard here to-day, indicate more determination than insanity. He evidently knew where the vital points were, and exercised reason in his acts. The location of the wounds and the manner in which they were inflicted show that he understood the physical consequences of his act; that he was conscious that he would strike himself in the most vital points of the body; and consequently must have known, and did know, from the location of the wounds, where the vital parts were.” On cross-examination he testified “that he is the medical examiner for the defendant company.” Dr. Elmore testified as follows: “Saw Parish on the night he attempted suicide, by beating his head against the iron bars, and dressed his wounds. Saw him last on the day he killed himself. The wounds previously inflicted were about well. He was not suffering from any disease, and appeared perfectly sane. I saw no disposition to insanity, and the thought never entered my mind during my connection with him. Saw him after he killed himself. There were two wounds in the arm, and his throat was cut almost from car to car. The windpipe, arteries, and veins were severed. There can be no question about the fact that Parish knew that what he did would kill him.” The proof of loss furnished by the beneficiaries to the company stated that the cause of death was suicide.

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