The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-16
physlcians' Privil eg s-They Must
Testify In the Courts when Called

I physIcians' PrivileEe s-They Mus,
Testify In the Courts when Called
An interesting ruling was made by Judge
Aldrich, in the Superior Court, Boston, ia
| regard 10 the privileges of physicians, the
| question arising out of the assault upon Mir
Simeon !. Britain, in his Office In that city
! on the It'll Of November last. After eainly
| cndcavoring to obtain information before the
| grand jury from Mr. Britain and his physi-
clans as to who committed the assault upon
him, the jury were conducted into the court,
and Assistant District Attorney Cheney
stated the fact of the assault, and said that the
! physicians in attendance upon him bad been
! duly summoned to appear before the grand
jury, and after taking the oath had refused
| TO testify upon important points Of the in.
vcsti2ation. The questions put to them in
the jurv-room were Ibid Mr.. Britain In
| form tbcm who the party was that assaulted
him: and if SO, who was that person.? The
witnesses had declined TO answer these qucS-
lions, saying that the statements made to
them by Mr.. Britain were while they were
| acting III a professional capacity, and they
proposed to keep them secret. The physi-
Clans in question were Dr.. George j. Arnold
| and Or. john J.. Ordwav. and as they were
| then in court he moved that they be di-
| rectctl by The court to proceed to the grand
iury-room and answer the questions.
IN answer TO a suggestion from the court
that he would hear any statement on the
| other side in regard to why the motion
should not be allowed, DR.. Arnold said that
IN refuSiu. he had not desired to subycrt the
ends of Justice. Such information as he had
| received would not and could not he made
public in a court Of Justice. As hearsay
| statements. he bad no right to repeat them !;
| and as they were made strictly for his pri-
vate ear when acting in professional ca
| pacty, he considered it his duty not to d.
| vulge them.
DR.. ordwav expressed the same ideas as
bad been done by DR.. Arnold on the ques-
ton Of Suhvcrting the ends of justice, and
! said that on one occasion when he visited
| Mr.. Britain he appeared insane. ellis reason
for refusing TO testify was wholly on profess
Sional grounds. and he considered that he
had no right 10 disclose the confidential and
| private statement of patient. In so con.
Guiding he discamed any intent to bring
either the court or the grand jury into con-
| tempt. 3. .-.--
| Mr.. \. \. Hanney, acting rs legal adviser
of the physicians, stated his belief that the
| questions were incompetent as againsta third
| party; they related not to what the parties
committing the offence had said, but what
Mr.. Britain had told them.
Mr.. Cheney said that there were COM
plants upon which the grand jury were
! acting-oue for an assault upon Mr.. Britain
| by some person unknown, another for an as.
| SAINT committed BY MIR. Britain on some per-
son unknown. and the third for perjury
1 ,y,itf ai lv Mr. 4 no -i,,ry
room in saying he did not know who rs.
Saulted him, when he had previously in.
| formed the doctors upon the point. Mr..
| Cheney again asked that the motion be al
! lowed and the physicians be ordered to ties.
| tity.
Judge Aldrich then said that the highest
aim Of civilized government was the admin
istration OF Justice. and nothing could be
subordinate to it. 1t was the duty Of every
citizen when called upon as a witness in the
administration Of public justice to testify and
| to tell the truth, the whole truth, and nothing
! but the truth in the question at issue. This
| was rule which had but one exception, and
| that was the relations between an attorney
and client. In this exceptional case, JUS
| tce could not be done were an attorney re-
| qured TO divulge statements made in cOnSe-
quence Of knowledge obtained by the rea-
| tons existing. But in the case of the physi-
can il was quite different. lie (the COURT
| could easily understand the feelings Of the
| physicians as men and as professional men,
| but in this regard they were not privileged ;
no such relations As existed between attorney
and client could possibly exist or grow out
OF the relations bctweenphySicia and patient.
| They were not at liberty to withhold by any
| privilege, the testimony sought. II any such
communication had been made, it was not Il
communication which they could legally
keep FROM the grand jury. There was not q
greater or more responsible position to which
citizen could be called than that OF grand
iuryman, and be was sworn to make true
prcsentments Of all matters which came
under his observation and jurisdiction. 1t
was the duty Of the court, therefore, to ill.,
form the gentlemen that it was clearly their
| duty to comply with the request made by
the Government attorney, and in doing SC
| his Honor intimated, that he expressed not
only his own convictions. but those Of the
ChiefJustice and others Of the court with
whom he had conferred in the matter. In
couc!usion, Judge Aldrich said lie did not wish
TO make /, compulsory order, as he could not
conceive, after what had been said, that they
would refuse to answer the questions.
[In Virginia there is one other class o.
privileged communications