RB 76

different realities and reactions In 1863 Robert Burton in Chatham wanted to be hanged. He therefore killed a nine years old boy.604 Burton succeeded in his wish and was hanged in Maidstone on April 11th 1863, himself only at the age of eighteen.605 The case did not attract much attention among psychiatrists. The only witness testifying on the questionable mental status of Burton was the surgeon attending to the family that also twice had sent Burton’s mother to an asylum. The conclusion of the testimony was that Burton was insane in the respect that he knew what he was doing but could not control his actions – a ’moral insanity’. Two other physicians that had met Burton in gaol found him sound, but he had not said to them that his motive to kill was to be executed. Such a motive in itself, one of them however thought would be a sign of insanity. While sentencing Burton to death the judge stated that such a motive could not be called a delusion; instead it was an aggravation.606 Shortly after the trial, but before the execution a question regarding the case was put to the home secretary, George Grey, in the house of Commons. The questioner stated that the judge, as he had no such funds at his disposal, had refused the request of the counsel of Burton for Forbes Winslow, often called as expert, or some other expert on insanity to examine Burton. Grey was then advised to for example let such an expert examine Burton to get information on the mental health of Burton. Grey replied that the court had come to the decision that Burton was not insane and that no reason had been presented to him to make further gathering of information justified.607 Winslow, however, came to present the case concerning Burton, in a text that seems to be a somewhat shortened before, were to fall her victims; and lastly, her brother unhappily being in her power, she murdered him with the same absence of malice, as she would have done any other individual. If the Jury were of opinion, that the child lost his life, while she was in a state of insanity, they would return a verdict of not guilty on that ground, and his Majesty’s Government would then protect her, till she was found to be sufficiently restored to her reason to be returned to her friends.” 604 Gregory 2012 p 218. The case has been related in several publications, see e g Bignell 1992 p 67 sqq, Ingleton 2008 p 86 sqq, Stratmann 2009 p 66 sqq. 605 1837–1868 Public executions (internet). 606 The Chatham news and north Kent spectator 21 March 1863. 607 Hansard’s parliamentary debates III:170 col 101 sq 27 March 1863. 173

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