St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1883-06-22


his memory the scale works were
closed and the employees went in pro-
cessiOn to the cemetery. Mr.. SpoOner
/ left wife and five children-Rev.
/ Thomas Spooner of Whitetield, \. H.,
/ DR.. Frank SpOoner of Lancaster, y. H.,
Mrs. Henry Z. Dodge of New York,
Mrs. Edward A. Walker and Mrs. VIM.
II. Nelson of this place.
Commitment for Contempt of
Court.
Somewhat of a sensation was ere
ated in the court room and on the
street on Tuesday forenoon upon the
commitment of DR.. S. T. Brooks for
contempt of court. The doctor was
witness for the state, in the Mer-
chant case, and was testifying as to
the post norton examination he made,
in company with several other physi-
clans, of the injuries received by Nor
gan. After tcstifying as to the nature
of the wound, and the eliot of blood on
the brain, questions were asked and
answers given as follows ton the direct
examination, conducted 10y II. c. Bates),
as appears from the stenOgraphic re-
port
| O-Can YOU tell from what you observed there
| what ruptured the artery AnS.-NO, Sir.
O-Sate if such n fracture that would he
likely liable, to rupture that artery lOhieeted
to by Mr.. Idle ON account of its being leading
/ question. and objection sustained.
ON your opinion, from your examination,
what caused the rupture of the artery : Ans
O-IIave you any opinion in reference to it, in
your mind You certainly have an opinion ?
AnS.-Ncs. Sir.
O-Wnling To state your opinion AnS.-No,
Sir.
o. should like your opinion. doctor, if you are
willing tn give it. AnS.-l decline to answer that
question. | believe have answered that question
in a deposition. where | called and treated as
expert and lie, line Ia answer that question here
Mr. Bates to the Courtl.-l think that closes our
examination | believe l have my duty To per
form. It appeared to me a proper question and
the Jury ought To have his opinion.
,JUdge Ross-If the doctor refuses 10 answer, l
do not know any other way than to contine him in
jail for contempt OF court.
The question of what constitutes eN-
pert testimony is an unsettled one. In
certain states the supreme court has
decided that when doctor states an
opinion based upon his professional
training. his testimony shall he conSid-
receive an experts compensation. The
supreme court of this state has not set
fled the question of expert testimony.
and it is an open question what the
opinion of the bench would he when
called to render decision. On Mon
day evening consultation of doctors
was held in an ante-roOm of the court
house, participated in by Drs. Brooks,
Bullard. CaldcrwOOd and Browne of
st. JohnshurY. Stiles of Barnet and Gil
ley. The foremost in the matter was
DR.. Stiles 1t was agreed to make this
test case and take it to the supreme
court for Il decision. llaZclton, who
was ut the post norton examination,
but was not Il party to the agreement,
testified not only to matters of fact as
brought out at the examination, but al
so to matters of opinion.
DIR. Brooks was the first one called
who took part in the consultation. In
accordance with the agreement, he
testified to matters of fact, but declined
to state opinions. As he expected, he
was committed. When Drs. Stiles and
Cilley were placed on the stand, they
rcccdcd from the terms of the agree
mcnt, DIR. Stiles testifying that he had
no "scttled. fixed opinion" as to the
questions propounded, and DR.. Cilley
stated probabilities as affirmative an
swers to the questions. Brooks, Stiles
and Cillcy were witnesses for the state,
and Billiard, CaldcrwoOd and Browne
were witnesses for the defence. As the
latter were not present ut the post NOR
TEN examination, but were summoned
to hear the facts as testified to by the
witnesses for the state and make their
deductions thcrefrom, they were expert
witnesses beyond any doubt. They
entered into the agreement for the pur-
pose of settling the question for future
cases. When DIR. Brooks learned that
Stiles and Cilley had broken faith with
him, not being willing to bear the
brunt and the expense of taking the
case unaided to the supreme court, he
went before the court, stated the facts
of the case as given above, finished his
testimony, answering the Objectionable
questions, and was released from custO-
dy. He was placed in Il delicate po-
sition, but it can he said to his credit
that he acted squarely and conscien-
tiously i'll the matter.
Barnet.
NJ. ! l. p.........- -..,-, 90, ;,+,r,...t