New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-09
upDtC.L JTRIsPRUDRNCE.

French lawyers during the last three or four years
have devoted considerable attention to Medical Jurs
prudence and through the assistance OF some OF their
most eminent chemists and physicians, they have sue
ceedtd in somewhat advancing this branch of the Law
But 70 one can attend our Courts long without being
struck by the extraordinary discrepancies which exist
in med cal testimony generally, and al lawyers are ac-
quant,d sith the difficulties that arise when medical
men have 10 be called upon the stand Much Of tbs
doubt essy comes from the mere fact that medical
Lnowedle itself adv nces slowly aud with uncertain
strides Bu. it is well known that medical iurisQru-
dence as il now stands is yet par with the
present state of medical knowledge Hence the ne
cessiiy that some attempt should be made to bring
medical testimony into more perfect form, 50 that
iuries shall no longer be perpexsa with variety OF
opinions prisoners convicted what some medical
men might consider very doubtful evidence.
Our attention is not often attracted 70 the proceed
ngs OF the Criminal Courts of the City. But on Sat
urdsy a case came before Mr.. Justice Tllou, which
would secm 10 call for some observations A German
Of the name Of BoeTner, processing to be regularly
educated Oily sican, was indicted for maaslaughter IN
the fourth degree. II appeared from the evidence
elected during the trial that be for BY mid
wife to attend aoman in labor, and that after trying
TO deliver the poor woman with the assistance Of fire.
poker until she cried IN her agony, You will tear my
heart out he had determined 70 take of the arms Of
tie child Il was clearly proved that BY aid Of VIA.
appeared to be apiece OF listing, he tore al the
two arms of the child below the elbow though it was
not hosn even 10 he defense that the child dead
al the time
This selfsyled physician then left the house, having
been for upwards Of hours engaged IN torturny his
patient Another physician was meanwhile called in,
and be- in the presence Of tie prisoner, who Lad re-
turned delivered the WOMAN in about sx Minutes. The
child was Of course dead and days Afterwards the
mother died Aud from the evidence ProdIcel there is
10 reason 20 doubt bur that death resulted from the
u1skiful treatment Of the man Boener IL stated
by the medical men examined to have been originally
an ordinary case Of cross-orth and fIrthe appeared
hat Il would have presented DO extraorlalry difficulties
20 regularly educated man, the woman ben; perfectly
healthy and death being caused by uterine acera-iol
WetLnk our readers vii agree With in considering
that our 81 stem Of medical judI rudence vsy inpe
feet. when We say that able D.rric: A)uey could
lot have obtained conviction under lny statute other
than that which applies 10 mansiaugLter in the Ourh
decree II was stated more than once durg the trial
that the child had brsaiied l. had consequently lived
some tine after being born. And il appears every way
probable that if any other medical been present,
both the child and its mother might row have been in
perfect health.
The law owing to the uncertainty OF what is medical
proof can eny recognize and punish these great crimes
As uapsaughter and thss as mansAushter in It's mides
form But it is not TO the improvement OF Our medical
Jurisprudence that We must simply look for preventing
oar Courts having often to listen to such dreadful
details as were brought oct on saturday Here is 8
uau-a GesuAn-el-miag ~ 5s p. ..ciaa, lAgase