The Plea of Intoxication.-In cases of homicide and wounding, a plea of Intoxication is not admitted by the Mahomedan Law to bar exemplary punishment; but, under special circumstances, it is considered a ground of mitigation by the Nizamut.* Drunkenness in the Army.-Article 17 of the Articles of War of the East India Company directs that "Any Officer who shall be found Drunk on any duty under arms, shall, on conviction thereof before a General Court Martial, be cashiered.” The Military Law makes no reservation with regard to the cause of the Intoxication. Captain Simmonst says, "It is held that the offence of being Drunk on Duty is complete when an Officer or Soldier is found Drunk, whether under the influence of liquor, opium, or other intoxicating drug or thing." Major Hough adds, that—“It matters not what the quantity taken may be, if ever so little, and the Soldier be drunk, he is punishable."‡ It is, however, doubtless, open to the judgment of every Court to receive circumstances in mitigation of such charges, as grounds for recommendation to mercy. A line of defence not unfrequently adhered to in trials for Drunkenness, especially in tropical countries is, that the accused have previously suffered from injury to the head, or from sun stroke or brain fever, the result of exposure to the intense heat of the climate; and that, consequently, they have become liable to Intoxication after taking exceedingly small or moderate quantities of wine or spirit.§ I am aware that many * Macnaghten, vol. i., Index. Ibid. + Page 283 as quoted by Hough, p. 208. § Dr. Taylor says that, In those cases where the head has received any physical injury, as it often happens with soldiers and sailors, Drunkenness, even when existing to a slight extent, produces sometimes a fit of Temporary Insanity, leaving the mind clear when the drunken fit is over. The law makes no distinction between this state and ordinary Drunkennness, although juries occasionally show, by their verdicts, that some difference ought to be made." (See cases in Alison 653.) strict officers entirely ignore the validity of this plea-maintaining that men thus circumstanced, knowing that their own characters and the welfare of the service are at stake, should altogether abstain. On the other hand, facts are, from time to time, observed which render it questionable whether certain of these unfortunate cases should not, on medical grounds, meet with a more lenient judgment: thus It will be generally admitted that persons who have suffered from severe injuries to the head, coup de soleil, or arachnitis, are frequently left extremely susceptible to the operation of all causes of cerebral excitement, and especially to that by alcoholic drinks. To this principle may, undoubtedly, be added the fact, that there is a set of cases in which the patient suffers from a morbid and irresistible propensity for alcoholic liquors. I have adduced the most recent observations upon this "Oinomania," in the subjoined note and in the Appendix. The occurrence of this abnormal condition does not appear to be very frequent. Still the facts adduced by Dr. Guislain and others deserve the careful attention of * 66 'Drunkenness," says Dr. Guislain, “ may present itself as an essential affection, that is, it may be a true morbid impulse, and constitute a monomania, in all the force of the term. I first saw this affection in a music-master who, every year, or sometimes every two years, abruptly quitted his studies to abandon himself to excessive drinking. He was, at these times, in a state of continual drunkenness, lasting to 3 or 4 months, until it disappeared, as it were suddenly. Then this man became averse to every excess, drank nothing but water, and avoided with extreme care everything that might compromise his health or his dignity. In one of these periods of lucidity, feeling the approach of his disease, he destroyed himself. It is therefore important to distinguish Mania Ebriosa from the maniacal exaltation which is the sequela of habitual drunkenness. It cannot be confounded with the love of drink, which is a vice of manners. It differs entirely from these conditions; for what characterises this affection is a morbid inclination, its appearance under the form of monomania, and its periodical attacks, the frequency of the pulse, and the marked debility of the intelligence during the entire periods of the disease.—Dr. Guislain's work on Insanity. Pschycological Journal, April 1854, p. 269.See also APPENDIX N. every naval and military surgeon. Beyond this, there is, I am confident, a set of cases in which a morbid appetite for alcoholic drinks occurs as a symptom of cerebral disorder. I have had under my own treatment two cases in which this was distinctly observed. Both patients were men between 30 and 40 years of age, one a military officer, the other a civil engineer; one had resided in India for several years, the other but for a short time; both, and I was particular in ascertaining this point, were habitually moderate in their potations; one had suffered, some years previously, from an extensive wound upon the vertex, the other from cerebral symptoms which were evidently severe, but of which there was no record. I was acquainted with both ;-in their usual state, they were quiet and apparently little excitable. Both were attacked, in consequence of undue exposure to the sun, during the hot season, with symptoms of cerebral excitement closely bordering upon acute mania; and in both also the incessant and peremptory desire for beer was the most troublesome symptom. Both patients were sent to England. One of them has returned to India, apparently in good bodily and mental health. I am not aware of the ultimate issue of the other's case. These were evidently marked, though not extreme, cases of Dipsomania-dependent upon a physical cause. These cases are not given here as precedents. The point requires further attention, still I know that they are not solitary instances, and the very important medico-legal question which they involve should not be overlooked. It cannot, for a moment, be questioned that an officer, who is liable to be drunk on duty, is wholly unfit to remain in the effective arm of the service; where, however, it can be made apparent, upon clear and satisfactory medical evidence, that the individual, by no fault or culpability of his own, has become the subject of a diseased craving for alcoholic stimulants, it may be fairly held that a lenient sentence, plac ing him upon half-pay, or upon the non-effective list, will fully meet all the exigencies of the case.* It would be wrong to omit here a caution which I have occasionally had to observe,-in criminal cases, where the Plea of Insanity is likely to be made,-with regard to the necessity for reserve in attempting, previous to trial, to cure or remove the cause of excitement, whether it be the result of Drugging, Cerebral Disorder evidently dependent upon organic causes, or Acute Mania. Upon committing an act of frantic violence, a native of this country, having undergone examination at the thannah and at the Magistrate's court, is generally placed, as soon as possible, in the jail under the observation of the Civil Surgeon. Here it, of course, becomes the duty of the latter at once to endeavour to distinguish how much of any disorder of the intellectual faculties which the culprit may present is dependent upon physical, and how much upon mental causes. He has either been brought in, very shortly after the deed of violence, heated, panting, and almost wild with rage or terror; or pale, tremulous, prostrated and horror stricken;-or, where the act has been done at a distance, he has been hurried in on foot, from thannah to thannah, perhaps a distance of from thirty to fifty miles, exposed to the scorching mid-day sun, and to the night cold, roughly treated, and, in short, the subject of nearly all those causes which would most tend to unsettle, for a time, the steadiest intellect;―he, in fact, appears before the Medical Officer more like a wild beast just dragged from the jungle, than the quiet-mannered common-place native that he ordinarily is. These circumstances being carefully looked to and discriminated, the Medical officer may, upon observing that his eyes are inflamed, his head hot, his tongue foul, and his pulse excited, and, upon learning that * By G. O. of the G. Genl. 13th June 1846, Officers applying for transfer to the Invalids have to produce Medical evidence that their disqualification "has not been occasioned by Intemperance, or other Irregular Habits." he is sleepless at night, feel disposed to exercise the remedial portion of his art, and to prescribe purgatives, nauseants, sedatives, low diet and cold affusion. I allude especially to this point, as I have seen such a course inconsiderately adopted, under such circumstances, by men of experience and judgment; and have felt myself bound to counsel against it. In these cases,-unless the physician be convinced, either that treatment is necessary to save the individual's life (which will very rarely indeed happen) or that the experiment of treatment will aid him in forming or confirming his diagnosis (a dangerous course which can only be undertaken by those who possess unusual tact in the investigation of such cases),-it is always safer and fairer towards the subject of our scrutiny to leave his case untreated-under the most careful watching. In fact, with regard to food, lodging, dress, opportunities of ablution, &c., he should be permitted to remain, as far as the fact of his being in a jail will admit of, as nearly as possible under the circumstances to which he has been accustomed. Indeed, if it can be clearly proved that he has been in the habit of drinking spirits or of using drugs, these should be allowed him, in moderate quantities,—with very cautious observation of their effects. Under these circumstances, it may fairly be expected that the effects of intoxication, whether by sharab or gunja, will gradually pass off, and that all unwonted excitement, the result of terror or ill-usage, will be calmed down; but cerebral irritation, depending upon actual vascular changes, will not be removed; fever will run its course, (and may be allowed to do so until the medical man has fully recognised its presence, and has judged whether it did or did not probably exist previous to the crime,) and true mania will probably remain unaffected, except in character and degree. It appears to be generally stated, by those medical men who conduct asyla near large towns, where recent cases brought in at once, that instances of acute mania are re are |