Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-01-06
THE WHARTON TRIAL.

A Pass between Doctor ana Lawyer
ANNAPOLIS, Jan. SIN the Wharton
| case the cross examination of DR.. Warren
| was proceeded with. Witness stated that
the number of cases of cerebrO-spinal me.
ningitis that had come under his observa-
ton IN Baltimore during the past year was
six. Only one proved fatal. Witness was
examined on diseases of the brain and the
difficulty of ascertaining the exact cause Of
death, where no LESSONS were discovered.
While this subject was under cOnsidera-
ton, Attorney-General Sylvester said to the
witness: A doctor ought to be able to give
an opinion of a disease without making
mistakes.
Witness-They are as capable as law
yer.
Attorney General-Doctors' mistakes are
buried six feet under ground; a lawyers
are not.
Witness-But they are sometimes hung
on tree.
The Attorney General asked the Doctor ::
What fee do you get in this case?
Witness-Nhat fee?
Attorney General-Yes, sir; what fee
What do you get as witness
Witness-I don't get any fee IS witness.
Attorney-DOn't you expect to be paid?
Witness-Itis customary in England and
other places, in important criminal cases, to
employ respectable experts.
-General-DoctOr,w don't want
to hear what is customary in England; we
are here. What do you get as a witness?
Don't you expect to be paid?
Witness-Yes, expect to be paid. l
have been called away from my business to
Nd of RI aharrn QnPk a a
will remunerate me for being called away
from my business.
Attorney-Genersl-W do you get,sir?
Witness-I don't know. E
Attorney General-Has not the amount
been fixed?
Witness-No, sir, it has not. expect to
be paid as witnesses for the State are.
Attorney General-Do you mean to say
that the witnesses for the State are paid for
testifying here?
Witness-Yes, sir; have heard so.
Attorney General-Heard SOP Who told
you, and who are the witnesses ?.
The witness then said he had been told
by DIR. Moreys that DR.. Williams was paid
as medical expert for the State. The wit
ness stated that an imputation had been
made against him. The Attorney General
disclaimed any imputation against the wit
ness.
Dr. John Moreys; of Baltimore, testified
that he had had three cases of eerebro-spi
nal meningitis in the past year. The wit
ness could not say whether the death of
Ketchum ensued from natural or non-nat-
ural causes. Saw nothing in the case to
exclude the idea of death from natural
cause. Yet, at the same time, would not
venture to say what that natural cause
might be.
DR.. Moreys now remarked that his name
had been most unpleasantly introduced in
the testimony of DIR. Warren, and he asked
permission to make an explanation.
The court said this might be done with
the consent Of counsel. MOreys was called
from the stand to the counsel's table, and
after brief conversation the Attorney Cen
eral rose and said that he had been betrayed
into the course he pursued in his cross-ex-
animation of DR.. Warren, and he deeply
regretted it. He had been provoked by
what he regarded as an intended provoca-
ton on the part of that witness, but he was
now satisfied that he was mistaken, and
that no provocation was intended. He was
satisfied and convinced of the disinterssted
motives of DIR. Warren, of his freedom from
bias and the candor of his testimony in this
case, and was sorry he had asked the ques-
ton he had.