The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1880-01-09

juror-the juror who don't know any
thing or who knows too much. The
really corrupt juror who has price for
his verdict sometimes get himself en-
paneled, but less frequently than is gen.
orally supposed. What of such there are
will always be found amongst the "pro-
fessionaP jurymen-the men who hang
around courts to be drawn as talesmen,
and who cultivate the good will of Depu-
ty Sherifs and bailiffs. Herein lies an
evil that can be corrected in a great
measure by vigilant and Independent
judge who has nerve enough to adopt
general rule that will exclude the hangers
on of the courtroom from the jury-box.
Then the blind Goddess, who holds the
scales of Justice and is supposed to be
doing her best at all times to weigh out
good article, is beset by an increasing
difficulty. She is very frequently called
upon to weigh the testimony Of mod
ern class of witnesses known as tex
perts." This species CT evidence differs
from all others in this that it has no d.
rect bearing in proving or disproving the
facts in issue, but is the individual opin-
ion of the witness upon an assumed state
of facts or upon given hypothesis.
There is the scientific expert, the med
ical expert, the mechanical expert, the
mathematical expert, the chirographical
expert, and probably several others
known to our courts of justice. A sup
posed superiority Of knowledge on
given subject gives this class of testimo-
ny great weight with jury. 1t takes
them beyond their average depth. When
man who can't swim finds himself in
deep water he grasps the first thing he
can lay hold of for support. There is
nothing more confusing and upsetting
to the mind of an average juryman than
the ordinary testimony of an expert. In
nine cases out of ten it is introduced to
divert his mind from the real issue, and
it succeeds.
In questions of art and mechanism or
mathematics, this class of testimony, if
intelligent and unprejudiced, may be of
valuable aid in reaching the truth. In
purely scientific matters it is apt to be
less reliable, no matter how intelligent
or unbiased it may be. The mysteries
of Nature are hard of solution, and the
most renowned scientist is still cropping
around as with a farthing candle after
new discoveries.
Medical testimony is entitled to but
little weight, especially when there is a
conflict Of professional opinions among
witnesses, as there generally is in all
closely contested or important cases. So
long as doctors can not agree in dag
nosing a common disease, it is a great
wrong that man or woman's life or
even liberty should be put in peril by
medical experts.
In the matter of proving handwriting
the testimony of experts is the most fall
lible of all. There are penmen who can
forge any mans name so accurately that
he can not himself tell the genuine from
the spurious. This has repeatedly been
proven in courts Of justice. A case in
point occurred in an important trial in a
District Court of the United States few
years since. A merchant who swore to
the forgery Of his signature to promis-
sorry note in controversy was required on
cross-examination to write his name on
half dozen envelopes out of package
of twenty-five. A skilled penman forged
his name on the balance.
The witness was required to select the
genuine signatures from the lot. Out Of
the six selected, three proved to be hi:
handwriting, and three the handwriting
of the professor of penmanship. The
same test was submitted to experts, anc
they failed as signally.
The temptation to try and serve thu
party in whose interest they are called
together with professional pride ant
anxiety to impress the Court and jury
with their wisdom, tends to leat
all classes Of experts into a NOR
positive assertion by their opinions thai
they would think of giving on ordinar.
occasions. Yet this kind of evidence
can not be altogether dispensed with
I Dangerous as it may be in many cases, i
is absolutely essential in others. 1T
becoming more and more resorted to ii
order to bolster up weak case, but it
tendency to evil can only be restraine'
or neutralized by the intelligence an
vigilance of the Court.
WESTERN HORTICULTURAL PROGRESS