New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-16
EXPERT TESTIMONY AND CAPITAL PUN.
ISBIfENT

Judge Bartletgs address on Thursday even
ing before the Society Of Jurisprudence and
State Medicine possessed special interest from
the fact that It formulated with simplicity
cleaness and sobriety opinions which most in
telligent persons in this great centre of litiga-
ton must have formed, but to which frequent
aud adequate expression has not been given.
There can be no doubt, we should suppose
that the value Of expert testimony, not only
here but abroad, has deprecated In recent
years. There was time when 1t was com
mon device of noveists and playwrights TO
establish innocence and confound the guilty by
the introduction Of an expert in some line Of
delicate research at the last moment Of q des-
perate emergency. We are inclined to think
that at the present day such On expedient would
have TO be managed with unusual skill in order
10 escape the mild derision Of the irreyerent
1.-THE London Times" derived courage and
anticipated support from the scientific identif-
cation Of Mr. ParnelPs autographs by experts
in handwriting though the moment never came
for putting them on the stand but its expert
ence cannot have encouraged liagants to pay
high prices for such evidence.
The value OF expert medical and surgical
testimony, to which Judge Bsrtletts Observa-
tons especially referred, has declined in pop
ular estimation, and, as the Judge intimated,
in the estimation Of courts and iuries not be-
cause the profession Is less worthy Of conf
dence than formerly either in respect to char
actor or attachments, but because experience
has made the fact more clear that physicians
and surgeons Are not exempt from that bias in
the direction Of their natural wishes which is
generally characteristic OF the race. The COM
mon spectacle Of eminent men on opposite sides
Of disputed point displaying equal confidence
in the accuracy Of their deductions could not
fail to weaken the faith of non-professional
observers In either their knowledge or their
impartiality. And inasmuch as the community
Is constantly made aware Of the great advances
in medical and especially in surgical science.
the conclusion is inevitable that the opinions
of such witnesses are consciously or uncon-
sciously influenced by their predictions.
totally different, but not less interest
ing branch Of Judge Bartletts address was
that which related to the execution Of Grim
inals by electricity under the new law Of this
revolutionary departure from the practices and
traditions Of ages was accomplished with
extraordinary facility. No one who has noted
the discussions and experiments which have
followed the passage OF the law will be sur
prised at an eminent electricians statement to
Judge Bartlett that 10 will not be easy to over
come the practical difficulties in the way Of en-
forcing the death penalty in accordance with
the new law. To kill human being by cleo
tricity may be simple matter, but to accom-
plish ii under the requisite conditions Of order
and solemnity, and in manner altogether be-
fitting the dignity of the State, is very differ
ent thing. Thus far the experiments do not
Justify the conclusion that the early applica-
tiOns OF the law will themselves be more than
experimental.
| We are glad TO see Judge Of the Supreme
Court calling in question the propriety Of that
provision of the law which declares that the
people shall remain in ignorance Of it's work
ings. They are entitled TO learn through the
press, the only way in which they can learn
fully and promptly, whether the revolution
which their representatives have deoreed is
salutafy or the reverse. There is considerable
doubt as to the constittionality Of this extraor-
binary restriction, but apart from that, we be-
lieve that II is against public policy so long as
the law remains q questionable novelty. We
imagine that no one would be greatly aston
ished TO see the law repealed altogether. We
shall certainly be surprised II this particular
provision is not dead letter from the outset
and formally exciSed in the near future.