The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-08
Note iron, Dr. llazlett.
MHEELrNo. Noyemher 6


Eulios 4AleilSeneet
The Difference to medical men an your
editorial OF yesterday ultimales In the
proposition that they have no greSter
reason for Withholding their professional
opinions oil the witness stand than
Others. As the controversy with us is
only in regard to expert medical testi.
mony, We leave 10 others the right 10 at
tend 10 what concerns themselves. We
confess that the medical man as witness
ordinary haI no greater claims in
a court Of justice than any other
citizen. His evidence upon facts
is tax he, with all citizens, has right
to pay the State; but as n skilled witness
we claim-he can give or withhold his
opinion, which is his capital, his stock in
trade, to whom he may please. He Ger.
tainly possesses this right in his office;
can the courts take from him this right ?
In order that our position may be clearly
understood in the Cartwright case, Just
concluded in the Circuit Court of Marion
county, We shall simply recount the facts
"a they occurred. DR.. Hardesty and my
self we're subpGnaed by the defense az ex.
pertS to attend the Circuit Court OF Wet.
eel county, which mandate was reluctant.
ly obeyed. Alter two days absence from
home aud business, a change Of venue re.
moved the cause TO Marion county. On
the Gith day Of our attendance at Fair.
mont, we were called to the stand, and
there very respectfully but firmly declin.
a1 IN mn ko aRv nv a po;naI;nn - IL -.
or glasses Of Mrs. starkey, (the widow OF
the murdered mani thereby qualifying
ourselves 10 give a professional opinion
for public benefit without just compensa.
tion, not, fancy price," In this we were
most heartily endorsed by the regular
practitioners Of medicine In this
city and elsewhere. For this labor
We were gratefully permitted by the
defense 10 bear our opn expenses
and without the least prospect OF remu-
neration, Cartwright having filed an att .
dayit that he was without means. The
attorneys fees (Which they richly desesv.
ed, having labored earnestly and success.
fullyfo him, secured 10 them by deed Of
trust, may have left him impeclnious.
Hit be law to compel the medical man,
as an expert, to attend the courts any.
where within the State, deiray his own
expenses Of travel, hotel bills, etc., with
loss Of time and business, upon the alEi.
davit oicounsel that his evidence Is ma.
terial, when 1t is not nor cannot be known
what the evidence will be, for 10 become
skilled witness necessita,es scientific
examination 10 determine the special
character OF the case, be it impaired
vision or an analysis Of the contents oi
an exhumed pntrescent stomach or the
vitality Of organs penetrated by ball or
knife, or TO determine the cause Of death
where violence and disease both are fac.
tors; and this attendance perchance ne.
rcesSitaling long journeys in the depth ol
winter, over mountains without roads, or
streams with doubtful fordings, through
storm and night, and after investigation
to respond in court upon examination
and cross-examination, iithis, Isay, be
law, then is American liberty abridged
You say our code is closely akin 10 a re-
liRious one, implying that our moral OBJ
legations are paramount 10 every other
consideration, So let it be con.idered
Point, II you please, to pro-
iesslon that freely giyes larger gratu,
itous service than ours. Ask Of any phy.
sician what percentage Of his business
pays, and then perhaps you may realize
his truo humanity. Ask Of the poor
throughout this city il ever one was
turned away on account Of poverty. Let
me tell youi sir, that the world never will
know, and therefore cannot appreciate,
the labor unrequited Of our profession,
Il Is lodged in the heart Of that Code Of
Ethics you are pleased 10 impugn; a
heart pulsstiug with the noblest aSpirs.
tions ofour being-exalting US especially
10 our relations 10 the neceSsitous, but
guarding with Strictest justice our pro.
feasional rights and relations with the
State. R. W. HAzLFrr, N. D.