New-York tribune., 1870-05-24
THE MCFARLAND INsANITY-CARD FROM DR..
HAMMOND.

TO tho Editor OF The Tribune.
SIR: In reply to your interrogatOry in to-
days TRIBUNE of "Is it true that Dr. William A. Ham
mond once Surgeon General of the United States Army
was engaged for fee Of 800 to give the testimony that
lately reported from him in the Mcfarland case ~
have TO state that II is not true
II is true that was called upon by Of the counsel
for the accused than month before the trial. and
requested TO examine the briefs OF tho evidence that
would be adduced, to answer certain questions which
had been prepared, and to give my opinion upon the
specific point Of insanity. declined to consider the
case unless could also examine the prisoner and thus
have the opportunity Of basng my opinion in part upon
his physical and mental condition.
made seven examinations OF him in the Tombs prison.
had twenty-five long conferences with his counsel sew
eral with the medical witnesses TO facts and devoted
great many hours to studying the points OF the case con-
suting authorities, and writing full and elaborate
opinion The visits made and received, and time and
labor employed II with ordinary patients, wOuld have
yielded me much larger compensation than were my
fees in the When had concluded, rendered my
account and was urged by the counsel-who knew the
would have charged and received Just much If my
opinion had been adverse and make that c0ndlton Iii
TO do.
As it was my opinion differed in several respects from
that held b counsel and declared emphatlcally from
the first that if there circumstances anterior and
subsequent TO the homicide indicating insanity IN the
believe in the doctrine of temporary insanity as lald
down in the Cole case. How far these circumstances
present be answered not only from te tesll
mOny, but from the statements OF his wife ana r Ken
arsOn III receiving fees expert am not aware tnat
/ have done anything unusual Every other lnedcal eA-
pert in the paid in accordance win ti!c tne
employed and presume my friend the Dtsrlct-Aior,
ney agreed to compensate his expert IN the Mcfafahd
case he did those he employed In the Reynolds case
and tho DistrctAtOrney OF Kings County did those
he called In the Chambers case. Every lawyer KNOWS
that such the Om and that the fees vary Win the
reputation Of the expert for scientific hneWicuSe ana
the time and labor bestowed upon the case.
As for elf, do not wish to be engaged In medco
legal cases The fees received rarely If ever a. re-
muueratiye to IL my private practice,
and many do not pay at all But While hold II To
be my duty as good citizen 20 testify at any sacfce
to fdcis my opinions are my own, and VIII not give
them unless please without a remuneration in some de
gree commensurate with the time and labor spent IN thelr
elaboration Courts both in this country ana IN EUROPE
have over and over gain sustained this NcW Inc sys
tenn which 1T present prevails OF each side paying S
own cxperts may he the best. am inclined 10 thhh
4 is not did not create II, however and am not fe-
spOnsiba for It's continuance. ,,.,., ia ~
In cOnciusi5G i you or any one OF your editorial stan
will call at my Office any day between a. m ana p m
Will engage 10 convince him, by allowing nun 10 e1an
inc my books that my fees In the Mcfarland case ("Cn
did not amount 10 q sum at all approaching sleV VIZ
not only not eXorbtant, but were not Wlat am III 1o
habit of receiving from private patients lOr collt c.
spending of time and labor. lam very fespcVt
fully, your ODD. seryt -. -. ,,.,,,,o,,n
No. 1G2 Vest Thrtyfoth-St, Neio-Yo'6, May ~ 1871