I cocked my head skeptically at the earnest old man but remained silent. “Ah, Polly,” Parnell said, shaking his head, “you may find it hard to do, but I believe her; I believe she was moved by the highest of impulses to shut her mind to an evil thing. Don’t think harshly of her, boy; she—she is such a sweet child, so grave, and now so penitent and concerned. She particularly asked me to extend you her warmest best wishes. I think you made a hit with her, boy.” He blinked his eyes mistily. “Ah me—to think that I might have had a daughter like her. She—she reminds me so much of my own lost lamb.”
I silently patted the old man on the back and ducked out for a drink of water. “You are a good man, Paul Biegler,” this strange girl had said.
chapter 23
“Dr. Matthew Smith,” I said, and young Dr. Smith arose and moved forward and was sworn and took the stand.
“Your name, please, Doctor?” I said.
“Matthew Smith.”
“What is your profession?”
“I am a psychiatrist .”
The jurors glanced at each other, surprised, and I was sure they were appraising his youth, evidently sharing with me the Hollywood notion that psychiatrists had somehow to look like first cousins to Svengali and Rasputin. “Are you duly licensed to practice medicine and surgery in the state of Michigan?” I went on.
“I am.”
After that, in accordance with courtroom protocol, I took the young doctor on a quick guided tour through medical school, graduation, an internship in psychiatry here, a residency there, then some graduate work over there, then work on the psychiatric staff of a Detroit hospital, work with various health clinics, probate courts, the Veterans’ Administration and the like, finally down to his present job.
“Are you a member of a board or organization devoted to your specialty?” I pressed on.
“Yes, I have been certified by the American Board of Psychiatry and Neurology.”
“What does that mean?”
“That means that the American Psychiatric Association has put its stamp of approval on me as a specialist to practice psychiatry.”
“And are there practicing psychiatrists who do not possess this certification?” I said.
“There are.”
“How many years have you spent actively in the field of psy chiatry, Doctor?”
“Over eight years.”
“How old are you?”
“Thirty-five.”
The Doctor’s Army association had to be dragged out by someone, so drag away I did. “What is your status as to being a civilian or otherwise?”
“I am at present in the military force in the Army, stationed at Bellevue Army Hospital as chief of the neuropsychiatric service.”
“With what military rank?”
“Captain.”
“Now, Doctor, I ask you if you were recently assigned by your superiors to conduct a psychiatric examination of Lieutenant Frederic Manion, the defendant in this case?”
“I was.”
“Did you conduct such an examination?”
“I did.”
“Where?”
“At Bellevue Army Hospital.”
“When?”
“From Thursday, September fourth through half of Sunday, the seventh.”
“And will you tell us, Doctor, some of the things that were done in connection with this examination.”
“This man received a complete physical examination, which means that he went through each of the specialty clinics in the hospital and he was examined by a specialist in the particular department. Then a complete social history was performed by a man specially trained and qualified in that field. He also received an electroencephalogram study.”
“What is that?”
“Because there was in the history the fact that the Lieutenant had been unconscious as a result of a concussion suffered in military service efforts were made to determine whether or not there might be some residual effects—these would probably have shown up on an electroencephalogram. However it was perfectly normal.”
“Go ahead.”
“He also received the apperception test and was extensively interviewed on the three and one-half days he was there. This was my primary assignment during the period of the Lieutenant’s hospitalization.”
“I ask you if some of the preliminary tests were conducted by men working under you—by persons working under you?” I had to get this out in the open before Claude Dancer did.
“Taken by technicians trained for the purpose, yes. The responses were examined by me. The test itself, that is the various responses to the previous tests, were examined by myself and interpreted to the extent that they were interpreted.”
“Now I ask you, Doctor, whether there are modern psychiatric facilities and equipment at the Bellevue Army Hospital?”
“There are indeed, sir.”
“And how do they compare with other equipment of that nature in other hospitals?”
“Our facilities compare favorably with that in any hospital I am acquainted with.”
I paused. We were coming to the crucial hypothetical question over which Parnell and I had worked so long and given so much thought. The hypothetical question was one of the law’s more urbane fictions, a convenient sort of legal make-believe by which counsel, when examining an expert witness called by it, wrapped up all the facts and issues and pet theories of his case in a sort of neat legal grab bag and pelted it at the expert witness for his opinion and conclusion. It at least mercifully possessed the highly desirable quality of saving time.
“Doctor,” I said, “I ask you whether you and I have heretofore reviewed together a hypothetical question based upon the issue of possible insanity in this case?”
“We have.”
I advanced to the Judge’s bench. “Your Honor,” I said, “I hand you a copy of our hypothetical question.” I walked over to Mitch’s table. “I also hand counsel a copy.” I returned to my table. “With the Court’s permission I should now like to read into the record our hypothetical question.”
The judge nodded. “Read away,” he said, and the court reporter rolled up his eyes and seemed to brace himself for the expected flood of words, in which he was not disappointed.
“Thank you, Your Honor,” I said, and began reading. “Doctor, assume that a man of thirty-six is a First Lieutenant in the United States Army; that he was a combat veteran of World War II and the Korean War; that he returned to his country from Korea in 1953 and for a time was assigned to special military duty in various places. That in July of this year he was assigned to duty in a remote logging and resort village in the Upper Peninsula of Michigan. That he was married to an attractive and vivacious woman five years his senior. That these two were and are much in love with each other. That they lived in a trailer in a public park in said village. That the social and recreational facilities of said village were limited. That one of the few public recreational places they could conveniently go to was a neighboring hotel bar. That because of his long overseas service and the further fact that he was on loan from his own outfit the Lieutenant had few acquaintances among local Army personnel. That he occasionally went to the hotel bar when off duty and that his social relations with the civilian proprietor were cordial though in no sense intimate. Assume further, Doctor, that at approximately 9:oo P.M. on Friday, August 15th the wife of this lieutenant went to this tavern to get some beer and play pinball and that the lieutenant went to bed and slept and that at approximately 11:45 P.M. he was suddenly awakened. That he hurriedly got up and thereupon heard a series of screams. That he then met his wife at the door of his trailer. That she was sobbing and breathless and hysterical. That she finally told him that the proprietor of the hotel bar had threatened her life and assaulted and raped her; that he had again just assaulted her and beaten and kicked her. That she was badly bruised and beaten. That her skirt was ripped and her underpants were missing. That the Lieutenant spent upwards of an hour attempting to calm and comfort an
d minister to his wife. That during this time she told him the details of the threats and assaults and beatings. That during this time he wiped a fluid from his wife’s leg which he believed to be seminal fluid. Assume further, Doctor, that this lieutenant reasonably believed that the man whom he believed had just assaulted, threatened and raped his wife was an expert pistol shot and that he kept pistols about his premises and possibly on his person. That he himself kept a loaded liiger automatic pistol in his trailer for protection. That his mind was in a turmoil over what he believed had just happened to his wife and over her present condition. That he finally determined to seek out said hotel bar proprietor and grab him and hold him for the police. That while he felt considerable anger and loathing and contempt for the proprietor he had at no time any intention of killing or harming him but felt that if the man made one bad move he would have killed him. That he went and got his pistol without his wife’s knowledge and left his wife in the trailer and proceeded toward this tavern. That he does not remember what time it was or precisely how he got to the tavern. That he finally got to the tavern and entered it. That he saw the proprietor standing alone behind the bar watching him. That he then advanced to the bar and the proprietor whirled around and the Lieutenant produced his pistol and pointed it at the proprietor and emptied its contents into his body, leaning over the bar to do so. That he had and has no conscious recollection of his act. That he then turned and left the tavern and proceeded toward his trailer. That he does not remember anything after he entered the tavern other than as indicated until he got home to the trailer. That he then first observed that his pistol was empty; that he then told his wife that he had shot the tavern proprietor. That he then notified a deputized caretaker of the trailer camp of what he had done. That he waited in his trailer for the police and was subsequently arrested and charged with murder. Assume further, Doctor, that this man had never before in his lifetime ever been arrested for or convicted of any criminal offense, including any civilian act of violence toward another human being.” I paused and caught my breath. “Now, Doctor, assume all the facts herein stated to be true, have you an opinion based upon a reasonable psychiatric certainty as to whether or not it is probable that the hypothetical man was in a condition of emotional disorganization so as to be temporarily insane?”
“I have.”
“What is that opinion?”
“That he was temporarily insane at the time of the shooting.”
“Doctor, have you an opinion as to whether or not he was suffering from a temporary mental disorder at the time the deceased met his death so as to be unable to distinguish right from wrong?”
“I have.”
“What is your opinion?”
The Doctor hesitated here as he had the night before in his hotel room. “That the hypothetical lieutenant was probably unable to distinguish right from wrong.” He paused. “I do not think it makes too much difference,” he added, and out of the corner of my eye I saw Claude Dancer scribbling furiously.
I pushed on. “Have you an opinion as to whether or not at that time he knew, understood, and comprehended the nature and consequences of his acts?”
“I have.”
“What is that opinion?”
“That he was not.”
“Was or did not, Doctor?”
“That he did not, I mean. Thank you.”
“Do you have an opinion, Doctor, as to whether or not he was in such a state of mind that he did not have the benefit of his conscious reasoning mind, and rather was dominated by instinct and the unconscious mind?”
“I have an opinion.”
“State your opinion.”
“That he was completely dominated by instinct and the unconscious mind.”
“Now, Doctor, I ask you whether or not you have a psychiatric basis or bases for these opinions you have just expressed?”
“I have.”
“And is there in your opinion a condition presented here known to the profession of psychiatry?”
“There is.”
“Would you please explain these bases and the condition, if any, which may be known to psychiatry?”
“The condition is known to psychiatry. It is not uncommon. At the present time the nomenclature of this condition is known as dissociative reaction. The condition that you describe certainly constitutes a psychic shock. This shock disturbed the mental and emotional equilibrium of the hypothetical Lieutenant and was responsible for creating an almost overwhelming tension. In this state the one object the Lieutenant would seek would be anything, something, that would reduce or alleviate the tension. His past history indicates he is a man of action and it was natural at this time that he should turn to action. It would mean that at this time he could not consider any alternative course. It would also mean he would not be fully capable of understanding the significance of any course of action he followed. Though he might very well have been told what that significance would be he was not at this time in a state where he could fully appreciate it. At such a time the only right that this individual may understand is the right that will reduce the unbearable tension. In this instance it was responsible for certain phenomena, in other instances responsible under circumstances having similar remarkable phenomena.”
“Can you give us example?”
“This is a condition that I have seen and discussed with men who experienced it during combat. After they were out of it some time. Considerable time. Some of the most remarkable heroics take place in this state, as well as some of the most remarkable cowardice.”
“Does this mental state of dissociative reaction you have been talking about bear any other tag or label?”
“It does. It has also been known as irresistible impulse.”
The Dancer was evidently growing suspicious that irresistible impulse might be recognized as a defense in Michigan and he did not like the fatal words. “Object, Your Honor,” he said. “That is invading the province of the court and jury. Move that it be stricken.”
“Mr. Biegler?” the Judge said.
“Your Honor, the Doctor has called this condition one of dissociative reaction and I have asked him if it had any other name or label and he has just told us.” I walked forward. “This is crucial to our case, Your Honor, and we will go to bat on that—”
The Judge held up his hand. “No need to make a speech, Mr. Biegler,” he said. “The answer may stand.”
“Doctor,” I said, “I appreciate that as a professional man you feel naturally impelled to couch your opinions and conclusions in professional language. But I wonder whether you could, in capsule form, give us your opinion on the psychiatric condition you find here as it might be more understandable to a layman?”
“Yes, sir, I’ll try. The situation described in this hypothetical question is one of massive shock; the mental and emotional equilibrium of the man would be profoundly disturbed; a tension approaching the unbearable would be created and he would, in his trance-like state or spell, be irresistibly impelled to seek immediate means of alleviating this tension.”
“Now, Doctor, I ask you whether in your opinion this hypothetical man laboring under the mental state you have described would have been apt to have gone to an aging and unarmed deputized caretaker and instead asked him to grab the deceased and hold him for the police?”
Claude Dancer arose but the Judge silenced him with the upraised palm of his hand. Both the Dancer and I were wearing him down.
“Such behavior would have been incompatible with everything else you have enumerated in this hypothetical question,” the witness replied. “The question indicates that this is certainly a hypothetical man of honor, a man who would sense that personal security depends upon self-respect, self-esteem, ideals and honor. To have such a man at this particular point turn to an aging and unarmed caretaker would have been simply incompatible with the hypothetical man up to this point. I would not relish attempting to explain any circumstances under which such a hypothetical man could do such a thing.”<
br />
“Doctor, I ask you whether or not he, the Lieutenant, would have gone to the bar to grab the proprietor—”
Mr. Dancer: “This is supposed to be hypothetical. We should keep it that way.”
“I beg your pardon, Mr. Hypothetical Assistant to Prosecutor Lodwick,” I said.
“Someone sounds hypocritical to me,” the Dancer shot back.
“Gentlemen, gentlemen,” the Judge broke in wearily. “Let us please saw some hypothetical wood.”
Doctor Smith smiled. “In the state in which this hypothetical lieutenant was at the time he would have gone to the hypothetical inn, in my opinion he would have done so with or without a gun, whether or not the hypothetical proprietor had any hypothetical guns available, and whether or not he knew that they were there. In my opinion he would have walked into a cannon mounted on the bar. I think it is important to understand that the very essence of this hypothetical man’s manhood was at stake here. It could countenance no alternative short of oblivion or death, and the presence or absence of an alternative course—consideration of its significance or of any other course of action—could not have prevailed against this overpowering need of alleviating the tension under which he labored. The need to alleviate this tension took precedence over everything else.”
“Doctor, can you explain why this need involved the hypothetical tavern proprietor?”
“It was the most natural thing under the circumstances that the efforts to alleviate this tension would be directed against the hypothetical cause or precipitator of this tension. In your question you indicate only such conditions that would make it clear that this is a man of action. He could not suddenly have started to behave in a condition so completely foreign to him as to philosophically have pondered this matter. This man was no complex self-searching character out of Henry James. Action was the thing that was essential.”
I wondered wryly how many students of Henry James we had on-the jury. “You may state whether or not this hypothetical lieutenant might have done this while feeling angry toward the hypothetical tavern keeper?” (Dancer would surely harp on this, and I thought it better to try to becalm his sails in advance.)
Anatomy of a Murder Page 44
