The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-05
MEDICAL EXPERTS.
HOW FAN THEIR TESTIMONY MAY RE REIIE


HOW FAR THEIR TESTIMONY MAY RE RELIED
UPON IN COURTS OF LAW.
meeting Of the Mcdco Legal Society was held last
evening In West Thrty-nrst street, the President Dr.
Frank IL Hamilton. in the chair. Mr.. Jacob i. NIL
lcr OF the New York Bar, delivered lecture tho
subject OF Medical Experts" He commenced with the
remark that the object OF evidence is to establish
facts for judicial determination. Such evidence
consists OF written documents and dispositions OF v
ing witnesses. They OF two knds-ordinary
witnesses, who depose TO facts, and experts or
skilled witnesses, who depose matters OF science
Tho former toll what they know; tho latter tell
what they think. Tho FIRST tell facts; tho latter tell
what they believe tho facts mean An expert Is one
VINO is taught by experience. His knowledge extends
beyond the roach Of ordinary II reaches the do
man OF science Courts and juries not supposed
to be skilled In all the scientific questions which
involved in that they called upon TO try.
Thoy cannot understand the evidence produced they
need an interpreter The lecturer proceeded TO Illus
rao this view Of his subject with reference 10 Ian
guages, by homicides OF different kinds calling upon
witnesses TO explain the rotation between causes and
elects Upon this point he cited number oil opinions
THE SPHERE or MEDICAL EXPERTS
Physicians may appear in two capacities When
they depose TO iacts they differ In respect from
Ordinary witnesses. They may also DO called as ex-
pcrts IL IS IN this capacity Interested In them
tonight. Many physicians think they arsnot Obliged
10 respond TO a subpoena. While they are In both
cases required to respond 20 the subpoena is only as
an ordinary witness that they compelled TO testify
physican's opinions, his knowledge OF his probes
or Impaired at bis pleasure. While there. .
fore, BIO might be- compelled to como TO
court to DO punished for contempt II he refused, no
could not be compelled to give his opinions, except,
government, which mas the right to demand tho
vices OF every individual owing allegiance to IT, The
position Of medical expert therefore Is one Of dig
science. he produces the connecting link between
causes and effect between tho act or tho accused anu
the allegations made against him. AZ tho jury arc
usually ignorant OF Tho matters which he speaks the
physician should be person OF the h,Rhost skill and
strictcst integrity HIS opportunities Tor good
jury great. He may rescue person from the
gacws and save his family from disgrace or bring
them all down In one common ruin. Many phys-
clans refuse to be medical witnesses consequences Of
the sharp examination they have TO undergo IN court
But their feelings should not DO spared In cases nvov
Ing great public or private interests Whenever tho
truth IL likely to suffer from ignorance medical
expert In tho strict sonso OF tho ter should DO neu
trail He has nothing 10 do with the result. largo
number OF were cited In illustration OF this
strictly impcrsonal character Reference was also
cases where tneir testimony was ruled out or not
allowed 10 be put in Ut all In one case u man who
had been educated physician, but had not practised
hts profession, was not allowed to testify because, III
the opinion OF Court, he lacked the experience
which was necessary to mako HIM an expert.
VARIOUS SCHOOLS OF MEDICINE
Tho lecturer proceeded TO enlarge upon the point Of
the schools Of medicine In regard TO which the
doctors themselves often disagree and how, he
asked, could tho Court, that Is presumed TO DO
skilled in medicine, discriminate between themf
Within the last ten years trials have taken place IN
which the medical witnesses dlu more harm than
good-more - mislead The jury than instruct them.
The subject Of insanity referred 70, aud mention
made OF prisoners who were acquitted upoa med
ical testimony, aud nobody more astonishod tnan
the medical experts themselves at the result. The
tests touching the testimony Ut medical experts, M
established by the Legislature, frequently CUES
toned by tho profession. II they were iaulty the
medical people should apply TO the Legislature Tor
revision OF statutes and not attempt TO decide tho
law aud the facts for themselves.