The Portland daily press., 1883-06-01

they are called as experts, and are among
the few witnesses who are allowed to give
their opinions in courts of law, and this Of
ten without any personal knowledge OF the
facts in the case. Their office is to enlight-
en- the court and the jury on matters which
are supposed to rest within their peculiar
knowledge--to explain the principles and
laws underlying the phenomena which they
interpret. They speak as representatives of
learned profession, and are presumed to
testify without any interest in the re-
suit. OF course the value OF their opinions
depends largely upon the extent of their ex-
perience and knowledge. Il they have not
mastered the learning of their profession
If they draw hasty and incorrect concu-
sions from the facts presented, Il they mis-
take possibilities for probabilities, and allow
themselves TO speak In the language of
certainty where the phenomena are
involved In conjecture and doubt,
their testimony is worse than worthless they
become blind leaders, and are a reproach to
the profession they represent No man Is
obliged to testify as an expert In civil cases
against his will. No man should be willing
to sotestify until he has gained a certain de-
gree of skill and experience. A just regard
for hts own interests and the honor of his
profession should deter him from accepting
such position until he is qualified TO fill Ii,
and then he should discharge its duties with
due regard to their professional bearing.
He should seek to reconcile his opinions
with those of his associates rather than 10
emphasize his dissent
Even In the more common matters OF the
profession 1t is surprising TO see how many
men lack the necessary learning and experi-
ence to enabls them to speak with accuracy
and authority. As we approach the higher
levels (of the profession) the difficulty be-
q nra ata tln Rxsyt,f.
petent to speak with authority become few
or and fewer The question who are ex-
perts, then becomes an important one. If IL
is left 10 the parties TO decide, it is not sur
prlsing that they select those most favorable
TO their interests The misfortune Is that
the profession should furnish such variety
of experts--that SO many men of different
views and requirements should claim 10 re-
present 1t.
1t would be greatly for the benefit of the
profession and of the public II the choice of
experts were limIsed TO men selected by the
medical profession who alone should be per-
mitted to speak in its behalf. The addition
al authority, which such a designation
would confer, would greatly enhance the
value OF medicrl testimony and remove
many of the difficulties which now surround
the Investigation of questions involving med
ical skill and science. How great those diff
nciues ara no one can appreciate VINO mas
not listened to the conflict of medical testi-
mony in courts of law. These conflicts have
become so frequent and pronounced as TO in
jure the standing of medical experts In the
courts, and to materially affect the value Of
medical testimony,
The matter is of such Importance, both to
the legal and medical profession, that feel
you will pardon me for calling your atten-
ton to 1t at this time, and that may not APP
pear to exagerate the nature or extent Of the
evil, will quote the opinions of distinguish
ed medical and legal authorities, whose ex-
perience and position give their statements
peculiar value.
Taylor in his work on 'tmedicai jurispru-
dence," leading authority both in England
and in this country, says: SIT cannot be
denied that experts have frequently intro
duced into their Evidence speculative fancles
and idle theories not warranted by proper
induction from the facts. The
cause of the evil is that the solicitors on
each side are allowed to search the whole
profession until they can find one or more
persons ready TO adopt their respective
views, and when once in court, provided a
man calls himself doctor, bis qualifications
aud experience sometimes escape a rigid
scrutiny. Persons thrust themselves or
have been thrust into cases as experts with
out any pretensions to such title either by
their professional standing or experience A
lcoNoLupED ON FOURTH PAeE.l