Epilepsy and Homicide: Issac Ray on Mitigation

Abstract

In 1867, a gruesome murder stunned Philadelphia. The suspect, George Winnemore, a spiritualist with epilepsy and depression, knew the victim, a 63-year-old woman. With little time to prepare, his counsel claimed Winnemore did not commit the act; but if he did, he was insane, the product of chronic epilepsy. The trial, conviction and sentencing were swift, and Winnemore found himself on death row. There was little cogent expert testimony connecting Winnemore's medical condition to his behavior. Dr. Isaac Ray, the founder of American forensic psychiatry, became involved shortly before the scheduled execution. After examining the prisoner he petitioned the governor for a stay pending a complete medical examination—but to no avail. In this article, we see Ray's analysis of the case alongside newspaper accounts of the trial and the bizarre writings of the defendant from prison. The author reviews the history of the epilepsy-homicide connection from the nineteenth century to date and then underscores Ray's valuable advice in evaluating complex cases. Though little was known about the pathophysiology of epilepsy in Ray's time, it was clear to him that competent medical testimony was indicated in the Winnemore case, at least to mitigate the sentence.