New-York tribune., 1885-07-12
AGAINST EXPERT EVIDENCE.
AN OLD LAWYERS EARLY EXPERIENCES.

HOW CTRCUMsTANTIAL PROOF MAY CONVICT THE
INNOCENT
@Well, no. I don't believe much in expert
testimony" said well known lawyer. In answer to
inquiry made by TRIBUNE reporter tho other day.
unless It Is supported by testimony OF another sort al
most strong enough to convince without the aid Of ex
pcrts and only value circunstantial evidence as o
means OF enclosing the person legal net and
forcing confession, bringing forward positive facts
which otherwise might have remained hidden. Thirty
years In the courts have given such strong
con, icons this subject that were now to serve on
Jury tho testimony experts would have effect upon
my mind and do not think would vote for conviction
on the strongest chain OF merely circumstantial evil
dence; certaiDy woad not II the offence charged
a capital Tho list OF men who have been pnt TO
death crimes Of whichhe innocent s too largo
for mo to add another name 10 II.
suppose" he continued. that never knows how
much line OF thought through life Is influenced by in
cdents occurring In his youth In both my study and
practice OF law bayo seldom attempted to weigh
the value OF testimony that not OF positive nature
without thinking Of an incident VI my boyhood days
which produced a strons.cnect.upon my mind. was
stn,ant In large seminary small country village in
New England. The government OF tie boys and girls
there OF tho 'patonal character in the strctes
In which that word can be used. Every motion
regulated by rulo from rising 10 retiring. and the
discipline the school based upon the theory thai
could by any reasonable possibility DO right un
less he were compelled to do snd every chance Of
doing wrong taken from him. Dr. Dorsay-he
didn't become Doctor TIL arrward. and he.was known
among ourselves Old Dorsay,-hsd risen to tho
presidency OF tho seminary from thar. could
discover except HIS ability TO govern The school
made up largely OF farmers sons AMI daughters. who
went thoro stnly and who didn't dream OF dons any
wrong In the two years passed there, no pupil was
ever guilty OF anything than technical violation
OF some arbitrary ruovisiting ncighborng stuicutat
wrong hours. taking walk beyond the prescribed
limits in the country But whatever was done. however
quietly ot ut whatever hour. Old Dorsay knew It. and
would <,vo tho full particulars OF II TO the offenders
when they were invited to remain after prayers the
following morhing.
"ncge four OF US, near OF au age. who were In
tmatcly associated In studies and recsations.
which Old Dorsay had of all our movements and were
speculang his apparent ability to DO In several places
how II is Every fourth student h spy Ths seemed
a reasonable explanation. and We immediately began 70
pick out the suspected spies and 10 designate each OF
them among onrsevcs as IL fourth one Thinking the
meaning OF tais term known only to ourselves we used
very sure tho nost active Of the fnforners
In our private eon,.sn.sS Teorse was very o,,Gs ~ ~
did not thuk OF the possibility that all OF our sayings
sone evening we were returning to our rooms from
walk when Mr.. Dorsay met ns at tao door and Invited
in tho face. sorry To !oa In such low com.
pany. You are mistakeu. replied, ms friends are
gentlemen There Is nothing low about them refer
10 George he said. lie Is unit you associate
with anil Will be expelled In n days In the
time forbid you to associate with him. Road tis lie
handed letter. addressed to tho susosctei spy,
accusing him OF being onc and couched IN the nthiosi
language l road Bat what staggered me was tue
fact that IL certainly appeared To have been written ~
George. whose pcnmanshp was very Ieouliar read ~
aud studied each turn VI every letter. and haaaei u
back 'You think that George wrote this sads
Out he did not How dare You say sor re'ortsd Mr.
Dorsay. have hear, your talk about - and your
threats and hero Is letter written by George withont
atseDpt 20 disgass his hand think shall
expel all four Vf but George viii certainly co. Jno
evidence Ii conclusive Nou VIII accompany hics " you
speak to him again
"' The letter novor wrttca by George main
tainei stoutly. I hayo been ultimate witls mn a'ons
time and never heard htia use vulgar wtrd ihsh he
would not ha, done such thing without consulting ne
IL you have overheard our CONVERSATIONS rs you say
chamber trial Tho writing mastcr comisstoi the 90,
noxous letter with private letters. coiilosittons, anu
his diary taken from his dosk. and pron'uneid I'm
guilty. Mr.. DJrsay had heard enough af his private
nbusS of to understand his feeling clearly enough.
and SO, day two 10 was publicly ani'uncssi rem
Tho chupe pulpit that the c;oncr hal bson expelled IN
iisgrnce the pAe the occasion TOR very
solemn lay serinon ta tho Iuptls Tho system u
roal good Tho actual author of the cttcr wns lscM'
cre nni tho rst draft Of II was found IN his deck t
oxpulson accompanied with much less pOs:2 alo
CIRCUMSTANCES than tho former; ho quietly told 70
leave town by the earliest train "n tho foIowins Jay.
Hut few days atcrl lster was received from 10 sv
In ncghDoriug city. afiesward - United etairs ssa'
aor. which caused Mr. Dorsay ~ proclaim the inn,.
VI George rs publicly ~ no nad aanS"neea "'s
guilt M. ala
cvidenoc. aud the lesson tanght mo was "s' III =
dont how iury With tho faets nr,",~ s !"
which Mr.. Dursay had his rosecss'n eonit hsss 49,
fsi,sd to convisk but G.orss Was inuoeshs 1sss ~