The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-06
THE INSANITY EXPERT.
Less Useful a Rule Than the Lay OBJ
server-The Opinion of a Medical Man.
New York Commercial Advertiser


server-The Opinion of a Medical Man.
New York Commercial Advertiser.
The verdict of the jury in the Carpenter trial
seemed to show that expert testimony in in
sanity is less influential than it has been.
Mr.. q. II. Yeaman, of the Medico Legal So
ciety, who has given much study to the subject,
and who recently delivered an address con-
corning 1t before that organization, said this
morning:
I'm many subjects Of controversy the law al
lows expert testimony, not merely to facts,
but as to opinion. There is no doubt that at
times too great Importance has been attached to
such testimony, and this is becoming recognized
by both people ana courts. In questions of en-
gineering, architecture, manufacturing and
chinery, expert testimony is entitled to much
weight In questions Of chemistry it ought to
be, but in cases of death by poison it is very
common for renowned chemists to disagree;
competent critics affirm positively that several
persons have been found guilty of crime and
sentenced to prison on mistaken tests
'But questions of mental action present even
greater difficulty, because have to Judge of
mind by external manifestations only, whether
these be acts, words expressions of
cou7 tenance. There is wide difference of
opinion among medical men as to the existence
OF mind, and as to what it is if it does exist.
Many hold that all mental action is result of
the physical condition of the body.
'These difficulties show how great is the OPP
portunity for difference of opinion on the part
retained, as lawyers are, one side the
other. While this may not affect their hon
esty, it certainly does affect the conclusions
reached. One eminent lawyer has said that the
expert is only an advocate, after all.
'ln insanity cases, great deal Of importance
Is still attached to mans calling himself an
expert. Persons not willing to swear that they
are experts can often give much better testi-
mOny. There Is a twilight between the full
light ard darkness, where it is impossible to
draw the dividing line between sanity and in
sanity. The criterion in such cases is the com
mon sense of civilized community. Are the
prisoners actions, sayings, doings, normal or
abnormal2
This can be determined just as well by keen
observers as by experts. 1t is equally true that
by neglecting the testimony of observers and
listening to that of experts, there is miscar
riage OF justice or an RECONCILIATION of testi-
mony. The first is not so common as il once
was.
"As to the degree of insanity which ought to
exculpate, know no better expression of opinion
than that of Judge Cox in the Guiteau trial. AS
to the two trials in which the testimony of ex-
perts has been recently taken, that of Carpenter
and that of Mrs. Dudley, do not wish to say
anything. One prisoner was convicted, the
other was acquitted Insanity experts are valu-
able In detecting cases of mental arrangement,
and in advising when lunatics shall be confined;
but to determine whether moral human being
who has committed crime is legally punishable
therefor, We need the testimony of intelligent
observers, rather than of experts, who often
have never seen the accused until after the act
was committed
1.-TWO lawyers had agreed to take the testi-
mOny of an expert at a certain time and place.
The defendants counsel told the plaintiffs
counsel to go ahead and the Defendants
counsel would be there in time to cross
examine the witness Soon after the de-
PENDANTS counsel met the plaintiffs counsel on
the street, and greeted him with How is this?
thought you were taking that deposition
:" Il am taking it, was the reply Il had the
witness sworn, and cot him started and you
know in regard to all this expert testimony
business ali that is necessary to swear the
witness knock out the bung and let him rum