The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-18

Schoeppe casc or the Wharton Ketchum case.
compels public notice. the results OF our dcfeo-
tive regulations are painfully apparent
Besides these fatal SHORTCOMINGS In pri-
mary proceedings whose effect IL to mutilate
or vitiatc the facts. Anglo-Amcrican law. rs
we have stated. fails to insure n correct medical
judgment on The data. but. nominally aiming to
gain 1.-THE best attainablc evidence" for tho
courts. clings TO method ms inadequate as II Is
antiauatod. II gives to plaintiff and defendant
full license TO summon such medical Witnesses
as each has already found cause to believe en-
tcrtain opinions favorable to his side. There is
no guarantee that these legal representatives OF
science are specially competent experts. or even
that thcy are graduates of Il medical college; in
most of tho States. indeed. 1t has been
adjudgod that any practitioner Of mcdt-
cine. with or without diploma, ID quail
fed TO enlighten court Of justice. Under
such circumstances 1t Is easy to understand
how the sound export evidence OF the illustri-
Gus John Hunter was overborno in 1871 by the
opinions of three ignoramuscs. and how the
testimony OF the famous Denmnn could be set
inside by the Court in 1906 IN favor Of one male
and two female quacks. With the sumo system
In existence the same evils. OF course. persist.
As 10 England Prof Taylor now reports that
good search and good pay can always find in
huuhuahre tno Wllh'SH's hc'h"h On 'l'n'u S'"'
Of any mcdico-lcgal issue. DR.. Chnlid a1rms
that this is certainly true OF the United States
and WE doubt II any experienced lawyer or
physician will gainsny him.
1t IL fact. however that while our practice IL
so imperfect. the principles Of medical luris-
prudence have never bson moro intelligenty
laid down than by an American trlbunai-thc
Supreme Court OF New Hamushirc since 1861.
In a charge OF Judge Doc IloOJl II was pointed
out that at present prccedrnts require the Jury
to DO insiru tod 10y exports III new medl'"I
theories ana 10y Judges IN ola hollc"l lhourl's'
Her'ln' he'ohtIhl's' inc Iesal profession Is III
reality usurplng the junction oil melcihe' ana
tcnds 10 install Oh exploded meuleM opinions
VI 'he pace Oh CONCLUSIONS r'achcu htno 'l"r'n
OIL scl'htlhc khoweds'' bu'' ne "u"s' Una"
cannot De TACT III law Wh"h Is not lnc' III
science. that cannot Toe health IN law whlch 10
disease III lac'' ana II II uh'or'uh"lo 'h"' courts
should maintain contest with the laws OF
nature upon questions within the domain OF
those laws ami OF their authentic Interpreters
While these enlight ned views oil an Ameri-
can court contrast most laVorapiy WIN inc hS-
founding OPINION pronounced SO l"'' hA lo'%
by lord chancellor OF England WHO CON
domncd the sNl habit OF csleeining INSANITY
aphysieal disrnse'' yet the question remains
ty what prh teal means can tho defects Of our
medical Jurisprudence be rem'died. IL Is not
! easy IT, tffit out any method which. without
rrnning ronrtor IN IN. shirt of our inet,tu.
liam. would ,borou,,lIv reform the Office If
/ C,ronor and which would insure tho exclusive
/ ovrr.s.inn of ,,rnot,nt m.dirol oniniop in
court. ~ ,u-ti.e pr,f Croas ur,.d some
,,n,s a.,, ,i,,, tho Jn1,.. ~ tho surr.nc
/ Court i'm cnch stat. shoulI nppoint "A commits.
siounr in .v.ry iulici,l district 10 elicit and es
ti,,,t. medical .vilanen nnd that tho latter
/ should be- provided with two or moro medical
nvn.r,s A. assistants Ia make nil nnadico. local
examinations. including. we infer. inoucsts.
put. as Dr. Chaill6 surrests II French expe-
rience ia applicable to Us. then Judges OF law
mr.. NOT good ,ud,os ~ exn.rts md should NOT
be suffered TO appoint them except from among
those whose competencv has been attested by
dulv ounlined authority. Others ncein. both in
! England and tn. United States advocate some
mobilization Of the German system. but its
essential features might not imurobahly prov.
inconpatihe with Anglo-American forms Of