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ON MEDICAL TESTIMONY

AND

EVIDENCE IN CASES OF LUNACY.

LECTURE I.

Legal Division of the Subject of Diseased Mind.— Lunacy, the Generic Term; Insanity, Idiocy, Unsoundness, being Species, varied by the Act of 1853.Insanity considered in its Relation to Delirium ; this having Two Forms, viz., Incoherency, or Inconsecutiveness, and Delusion.-Two Forms of Delusion, viz., Objective and Notional.-Cases illustrative of the Application of these Forms of Delirium as Tests of Insanity.-Delirium Tremens legally considered. -Doctrine and Practice of the Law in Reference to Lucid Intervals.-Dr. Rae's Remarks on this Subject considered.-Lord Brougham's Judgment.

HAVE formerly endeavoured to investigate the general subject of medical proof. In my present Lectures, I propose to offer some remarks on the noblest of its departments, the pathology of Mind; and on that in its noblest phase, where it is brought into contact with great judicial questions. The circumstances of the time recommend the subject for consideration; for it is certain, that, while, on the one hand, the

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Medical Profession holds in its hands the learning and the experience of this subject, on the other the members of it often find themselves in a very unenviable position while informing Courts of Justice by their evidence. I believe, indeed, that I shall obtain the assent of experienced Practitioners, when I affirm, that, in a large number of instances, it is difficult to certify that a patient requires coercion or surveillance, without incurring the risk, that he may be returned into the hands of his family, before the conditions of his recovery are completed, under a different opinion entertained by the officers whose duty it is, and who conscientiously perform that duty, to visit the receptacles of such patients.

Before I enter upon the topics from which, and the means by which, we are enabled to prove or to disprove an abnormal state of mind, (I use this term as involving no hypothesis) it appears expedient carefully to weigh the terms -drawn, indeed, from our own vocabulary, but prescribed by the Legislature-expressing the abnormal states of mind for which the Medical

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