weeks of his life; at all events, I could not get a reply that harmonized with my question.

"On the twelfth of June, 1847, I was called to see the patient as being 'not very well.' He had a quick, thready pulse-considerable cough, with free expectoration-not much appetite, but rather thirsty. He made no allusion to these symptoms, but directed my attention to his left ear, which discharged pus profusely. From this time forth, the aural discharge continued, accompanied by all the symptoms of tubercular phthisis, until his existence terminated, six days after the chain that bound him to the masonry of his cell had been removed.

"About three weeks previous to his decease, I observed a prominent protrusion of the left eye, and upon further examination there proved to be an entire obliteration of vision. He could not close the lids over it, for they, with all the muscles of that side of the face, were paralyzed, and the mouth considerably drawn to the right. The cornea of both organs had much the same appearance. The loss of vision, I am inclined to think, was the result of functional, not organic, lesion. The protrusion depended most probably upon the loss of muscular power in its motor apparatus, in common with the muscles of that side of the face. The globe, in articulo-mortis, recovered in a great measure its natural location, as did the paralyzed muscles of the face-a common occurrence of facial distortion from nervous lesion at death.

"Owing to insufficiency of light in the cell, but more particularly to the shattered condition of the patient-being deaf, almost blind, and nearly speechless-no satisfactory account of symptoms or the effect of remedies could be obtained from him.

"As this case presents points of interest in many particulars, I would remark that phrenologically, Mr. Fowler says, he is very defective in the mental temperament, and has great predominance in the muscular. His propensities (with the exception of self-esteem and firmness, very largeand combativeness and destructiveness, large) are all small, and have but little influence. The intellectual faculties are not so small, yet the quality of brain considered, their influence is quite limited. He has one of the most imperfect developments of brain I ever saw. He has no real balance to his mind; it is entirely one-sided, he being at the mercy of circumstances, and the stronger propensities.' (See Phrenological Almanac in press for 1848.) Another phrenologist, though of less notoriety, has allowed him a much better development; but whatever the external evidences of mind the contour of his head may denote, they all have reference to a healthy brain.

"I have measured his cranium in two ways: First, by passing a string across the frontal and around the spinous process of the occipital bones. It measured, in the greatest circumference, twenty-one inches. Secondly, after the directions laid down in Combe's Phrenology, by callipers.

Viz. from occipital spine to individuality,
occipital spine to ear,

ear to individuality,

66 ear to firmness,

"destructiveness to destructiveness,

"cautiousness to cautiousness,
"ideality to ideality,

73-8 inches.

4 4-8

66

4 6-8

66

"On proceeding to a post-mortem examination, the body was found extremely emaciated. The costal and pulmonary pleura, though easily separated, were extensively adhered, and the lungs were an almost entire mass of disease. Tuberculous matter was interspersed with abscesses throughout the whole organ. The pericardium contained about one and a half gills of

serum.

The heart contained polypi, but had a healthy appearance. Liver natural. Gall bladder a little distended. Mucous membrane of the stomach slightly inflamed. Intestinal mucous coat healthy. Mesenteric glands tuberculous. Urinary bladder distended. Kidneys natural. The peritoneum appeared healthy, but the sac contained some fluid.

66

Upon opening the cranium, the bones were found rather thinner than ordinary, particularly for a colored subject, and the dura-mater was adherent to a portion of the occiput. The anterior portion of this membrane was congested and inflamed, with considerable serum between it and the arachnoid. This latter tunic was somewhat thickened and congested. The anfractuosities of the right hemisphere of the cerebrum were filled with serum. The superficial vessels of the right anterior lobe highly congested on the superior surface. Cerebellum to all appearance healthy.

"The whole brain, separate from the dura-mater, weighed 43 3-4 ounces avoirdupois. Cerebrum 38 ounces. Cerebellum 5 3-4 ounces.

"On section of the medullary substance, it was found thickly studded with bright red points. The right thalami appeared to have undergone some change, and the whole superior brain was more or less congested. The membrane covering the petrous portion of the left cavity was congested, and the remaining parts of it appeared healthy.

"There were caries of the inner part of the petrous portion of the left temporal bone. The membrana tympani, with the internal structure of the ear, mostly obliterated. There was a necrosis containing fetid pus, having no perceptible connection with the external ear.

"Remarks.-The important question connected with this subject is, whether the pathological state of the brain, its membranes and the ear, is one of long standing or of recent occurrence? On this point rests the physical evidence of the prisoner's accountability. If by possibility it could be determined that the organ of mental manifestation was without disease when the crime was perpetrated, then depravity unparalleled must be assigned as the only cause; and if so, the disease of the organ at his decease could not be held in extenuation of his crimes.

"That the diseased condition of the brain was of long standing, appears to be unquestionable from the fact, that the mental organ could not sustain so great a lesion as the autopsy presented, without the mind having exhibited sudden and violent derangement, as well as other symptoms which accompany its acute diseases. This, however, was not the case. He never complained of, or exhibited the ordinary symptoms in such instances, nor ever gave evidence of any mental change whatever; but on the contrary, presented the same characteristics throughout. During his last sickness, there was not a single symptom indicating acute inflammation of the brain, and yet, on examination after death, there were abundant and unequivocal evidences of inflammatory action there.

"The disease of the ear also was chronic, and dated its commencement some months previous to the commission of the crime. On his trial it was proved in evidence that about two years previous-when an inmate of the State Prison-he was struck on his head with a board, the blow splitting the weapon into fragments. He attributes his deafness to this cause, or, to give his own description, 'it knocked his words down his throat-his ears dropped down-his kernels (meaning the tonsils) dropped.' Now, the infliction of this blow upon a thin skull, associated with his own account of its effects, would lead us to conclude that the concussion seriously injured the auditory apparatus. It possibly burst the tympanum, and if so, it opened a communication between the external ear and the fauces, which induced the remark that 'it knocked the words down his throat,' &c. Is it not a just conclusion, that from this injury the diseased action was set up, which ultimately involved the whole brain?

"Whether the facial paralysis was the result of cerebral congestion, or whether it was owing to a diseased state of the nerves of motion in connection with the condition of the ossa petrosa, may be questionable, because the nerves, as they passed off the brain, were apparently healthy; but the right hemisphere of the brain being the most deeply implicated in the organic derangement, the paralysis would appear, as it did in this case, in the muscles of the opposite side.

"It should not be forgotten, that the deceased had passed through scenes of blood seldom equaled, where but a single individual was the aggressor; that he had been surrounded by the wild fury of an enraged populace for hours; that he had been chained, and for a portion of the time bedded upon the stone floor of a dimly-lighted cell, for almost eighteen months; suffering the jeers and grimaces of inhuman and uncounted spectators; wasting by the slow process of consumption; sustaining the blight of one physical energy after another; with little compassion and less than ordinary attention; and through the whole period, having scarcely asked a question regarding either friend or foe, soliciting no favor, showing no hatred, exhibiting no remorse, entering no complaint, and through all, sustaining an undisturbed tranquillity.

"From this concatenation of circumstances, this unruffled, equable, almost idiotic state of mind, that no external relation could disturb, or internal influence alter, we can scarcely come to any other conclusion by pathological reasoning, than that the state of mind which he exhibited subsequent to his arrest, depended on a chronic derangement of the mental organ, and must have existed antecedent to the crime itself. If such a combination of pathological facts, and all the other circumstances attending the prisoner from his arrest to his death, do not establish an unsound state of mind, they at least present one of the most extraordinary cases furnished by the annals of our race. Such a case demands the careful consideration of the philosopher and jurist.

'How much the cause of justice and philosophy is indebted to the unwearied perseverance of the eminent advocate who withstood the tide of popular indignation in conducting the prisoner's defence, is left for other hands to register; but true it is, that over prejudice and error, science has gloriously triumphed.

"AUBURN, N. Y., Sept. 1, 1847.”

"BLANCHARD FOSGATE.

NOTE. In the April number of the American Quarterly Retrospect of American and Foreign Practical Medicine and Surgery, for 1848, the above article by Dr. Fosgate is published, with the following comment by the learned Editor: "We publish this case not only for its intrinsic interest in an historical and moral point of view, but because it is drawn up with uncommon elegance, and in a medico-legal point of view affords a most striking illustration of the importance of this science to the welfare of men. It saved, in this instance by its generous application, the life of an unaccountable agent from sacrifice."

OPINION OF LANSINGH BRIGGS, M. D.

AUBURN, August 23, 1847.

HON. B. F. HALL.-Dear Sir: In reply to your note of this morning, I would observe, that the man Freeman, therein alluded to, died on Friday last of consumption; disease of the brain, probably, having no immediate agency in his death. I never could discover any thing in his case, making it an exception to the fact, that a very considerable and decided departure from sanity may exist without interruption to tolerably good bodily health during life, or exhibiting visibly, corresponding lesions of the brain on in

spection after death. Consequently, aside from the extensively and long diseased condition of one ear and the lungs, I did not anticipate any strikingly morbid appearances on examination; nor did I deem such manifestations indispensable to prove him previously insane, as there were otherwise abundant and convincing evidence to establish the fact, in my opinion, that that was his condition.

The post-mortem examination was made about twelve hours after death, and for a "statement of the result-the facts discovered and deductions made therefrom," I would refer you to the very intelligent and accurate notes, made on the spot by Dr. Fosgate, and to the enclosed original paper* drawn up and subscribed at the time and place of examination.

I remain, very respectfully,

Yours &c.,

LANSINGII BRIGGS.

OPINION OF CHARLES A. HYDE, M. D.

AUBURN, September 13, 1847.

HON. B. F. HALL.-Dear Sir: Your communication requesting me to furnish you with the particulars in reference to the post-mortem examination of the brain of William Freeman, is received, and in reply I would briefly say, that I am unable to do so just now, from the fact, that I have not at this time in my possession the minutes of the case, (save those already before the public,) and therefore would respectfully beg permission to refer you to some one of my colleagues who was present at the autopsy, and carefully noted all the diseased appearances of the different organs and tissues in the case, at the time, as we progressed in our examination; and thus, by obtaining a full and clear exposition of all the diseased parts of the entire system of the man, you will have a data, from which you may arrive at a just conclusion, deducible not only from the morbid appearances of the brain itself, but also from the pathological state of the other organs and viscera, all of which are intimately blended in the performance of their multiplied and varied operations and functions, in a physiological point of view, and which evidently exhibited greater ravages of disease than that of the brain, and was the immediate cause of his death.

It is to be regretted that the article drawn up and subscribed, at the spur of the moment, by the medical gentlemen present, had not been more full and explicit before it found its way into a public newspaper; for it is to be apprehended, that erroneous opinions will thereby be promulgated; especially when prefaced by a long editorial, calling Freeman a perfect idiot. We regard speculation of this kind as irrelevant or merely hypothetical, and consequently, unreliable and fallacious.

The medical profession, as well as the public, require opinions ratiocinative, based upon a knowledge of the entire history of the case, and sustained by known scientific principles, in order to arrive at the truth in regard to the important and long controverted questions of sanity or insanity. It is only from deductions thus correctly drawn, that we shall be enabled to promote the interests of community, and thereby subserve the legitimate ends of public justice, and make reliable those necessary, important and fundamental laws of medical jurisprudence that constantly govern our penal courts of judicature.

The paper, a copy of which appears on page 497 and which was signed by Doctors Brigham and others, on the evening of the 21st of August, 1847. Dr. Briggs testified, that he believed Freeman's mind to be disordered; and hence, his remark that "there were otherwise abundant and convincing evidence, to establish the fact in my opinion, that that was his condition."

I will, therefore, particularly refer you to Dr. Brigham, of the State Lunatic Asylum at Utica; whose peculiar province it is to deal with cases of this kind, as he is in possession of all the facts, and will in due time give them to you and the public, as well as the medical profession. Yours, very respectfully,

C. A. HYDE.