Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-05


eases.
Mr.. Libbey,-And is he not an expert in his
profession in all other diseases; he has
treated patients for that disease; | submit
that within the meaning Of the law he is an
expert; perhaps an expert, standing as he
does. would not be entitled to SO much
weight as a man who has had the care of
an insane asylum for many years, and
in every case that comes up where eX-
pets called, there may be different de-
grecs of weight to be given to the opinion Of
one or the other. For instance, young man
who had but short time before graduated
and has just commenced the practice OF nedi-
cine is admissible as an expert, still his opin~
ion might not be entitled TO so much weight
as physician of twenty or thirty years
practice. But he is entitled to give an opin
ion submit, and it is to be taken for what it
is worth under the circumstances. 1t is not
the great amount of skill, the great degree of
knowledge, the great degree OF practice of
the expert, which is the test of admissbility,
| submit, but that goes to the credibility, the
weight to be attached. | am not aware that
there has been any case decided but do not
know but what there may have BEEN when
physicians who have made the subject of in
sanity study, as other diseases, and treated
patients for disease of the mind as well as
other diseases, have been excluded. | know
many of them.
The Court never read the Mcfarland
ease, Mr.. Li6bey; of course in common with
the community | have heard a great deal
about it.
Mr.. Libbey--I have read a part of it. That
has been the practice in this court heretofore,
in cases within my knowledge; there is another
case that is now before the court where ply
sicians of ordinary practice as physicians
Il and o,tp,tt r.,f.,r
now to the Green will case trial at Bath before
Judge Kent, and that has been the practice
heretofore so far as my knowledge has ex-
tended. And then, again, III the Lawrence
case at Bangor, DIR. Marain of this ely,
stood precise the same as the witness on the
stand. | will reason the point if you desire.
The Court have no doubt the question is
as improper one
The court gave permission to Mr.. Libbey
10 make farther preliminary examination,
and intmated that in the future it would adj
here to the rule Of requiring the preliminary
examination to be completed before ruling
or the admission of the witness as an expert
Witness-Was surgeon in the army; had
no occasion to treat cases of insanity in the
army; have had good many cases in my
practice and have treated mental diseases
alone; have made the subject of insanity a
study part of my profession.
Mr. Libbey.-Now | propose to examine
the witness as expert, your Honor.
The Court.-Do not think he is qualified to
express his opinion as an expert; am under
oath as well as the jury. Before can admit any
gentleman of the medical profession or any
body else to express an opinion as an expert
| must be satisfied that he as an expert. | am
not satisfied that DR.. Brickett knows anything
more about it than any ordinary physician.
understand that he has not made it spec
ialty.
Mr.. Libbey -Then if that is to be the rule
in regard to experts, | suppose that we can
not examine physician as a surgeon unless
he has made surgery specalty.b
The Court suppose you will not require
NE to decide anything more than the present
that is difficult enough.
Mr.. Libbey.-I suppose then in order to
save our rights, that we should put the ques-
ton to him as an expert. If so, put it SO as
to have distinct ruling.
The Court.-It is no use to put the ques-
ton to him as an expert, calling for an opinion
on the subject of insanity Tor am not salts
fed that he IS an expert.
Witness was here directed by Mr.. Libbey
to step aside.
DR.. ii. Hill, recalled by defence. testified
Graduated IN Bowdoin Medical College in
spring OF 1886; have ever since pracliccd
subject of special study; have made il a study
in common with other branches OF my profess
sion; have had occasion TO treat persons for
insanity during my practice of "a years think
| have lot given so much attention to diseases
of the mind to physical diseases
Mr.. Libbey-W hat is insani y!
The Court Ito Witness Wait moment.
Attorney General do not feel inclined to
object to DIR. Hill.
tlo m hot
consent that any physician may give his opn-
ion shall not interfere; | never intend 10
nterfere wish to say, with all respect to
Dr. Hill. do not wish it thought that there
is any discrimination between him and DIR
Brickett | know Dr. Hill personally, and
well by reputation; he is an intelligent ply
sician, and we know that he stands in the first
rank. And so of DR.. Brickett, l have heard !;
but the doctor (HilD is not an expert on in
sanity, and l wish to say that whenever he
testfes he does it with degree of candor
and truthfulness that commend to the con-
sideration of others. The evidence falls far
short, in my Judgment, of making him an ex-
pert on the subject of insanity.
Attorney General-lt was with that view OF
the case that consented to DIR. Hill, and did
not feel inclined to object but Still do think
that the ground as stated by the Court is of
such a sound character, and that il is so de-
slraDle TO keep out OF tle CASE OpliiiOils WHICH
the doctor himself, know, would qualify,
that think | will object.
The witness-It is my custom when cases
IRE presented to me, to recommend them to
the Insane Hospital for treatment.
Mr.. Libbey-Now, Doctor, wish to ask
YOU whether in such cases you Go not first
make an examination into all the facts and
circumstances tending to show whether the
patient is sane or insane, before you come to
a conclusion that insanity exists.
Witness-I do, of course; it is usually the
case, think without exception, where it Is
evident to everybody.
The Court will read to you the law on
which rely. Court reads from Gray's Re
ports, IA, page 1856;
1.-The defence relied upon was insanity
Jacob Mitchell, witness called on behalf of
the defendant, testified that he had been in
practice about 30 years as physician, the
last years of which he had practiced in Chel'
sea, and the II preceding years in Welfieet'
where the prisoner reside d, and where the
murder was alleged to have been committed
that he had made the subject of mental dis