New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-15
rs THE Law A GOOD ONE3|
JUDGE BARTLETT on EXECUTION By E1Eo;
TRICITy.

| NE HAS CRAVE DOUBTS AS no THE pRACTIckHIfrs
Try OF THE sTATurE-sHoULD THE LIBEIsTv
| OF THE PRESS BE RESTRICTED s--MEDL
CAL EXPERT TESTIMONY IN DAM
AGE SUITS DISCUSSED
Tho sixty-arst regular meeting Of the Society d
Medical Jurisprudence and State Medicine, which
was held last evening, at the Hotel Buckinghau.
Ffthaye and Fifte th-sf, will be long remembered
| by those present The announcement that Judgs
Willard Bartlett Of the New-york Suprem, Court;
would read paper on Some Relations OF Scien-s
tifc Experts to the Administration Of the Law,s
was sufficient TO draw large attendance OF men,
hers. but the accommodations provided were barely
adequate and it was found necessary to throw
open an additional parlor.
DR.. Landon Carter Gray. president OF the So.
ciety. presided.
After the transaction Of routine business, In
Gliding the election Of several new members and
the decision that the annual dinner Of the society
should be held at the. Hotel Marlborough on the
evening Of April g. DR.. Gray introduced Judge
Bartlett. When the Judge arose, tall sleE-
der and OF commanding presence. but youthful-
looking, he received cordial round Of applaus.
The subject that he had chosen TO discuss, Judge
Bartlett said. was one that was closely connected
with bis daily work. 1t was natural that every
Judge Of court Of general jurisdiction in great
city, constantly occupied as be must be IN trying
and hearing ltgated causes, should form opinions
more or less positive respecting the relations Of
scientific experts to the administration Of the law.
He would speak chiefly of the medical man, who
was the scientific expert with whom the State
courts were most familiar, and who appeared
oftenest, perhaps in negligence cases--that ia, In
suits brought 10 recover damages on account of
physical injuries suffered by plaintiffs in conse-
quence Of some negligent acts on the part Of the
defendants. Many such cases arose out of aeci-
dents on railroads.
THE WISE DOCTORS DUTY.
The respective parties in such actions, Judga
Bartlett said, were often assisted by physicians
or surgeons, who testify as to the nature extent
and consequences OF the plaintiffs injuries, and
often also advise counsel as to the conduct Of
the medical or surgical part of the case The
wise doctor should take care not to act in both
capacities. II he were to testify in case be
should not act as assistant counsel, and IL he
acted as assistant counsel be should keep of the
witness-stand. The most eminent physician
might without reproach place his professional
knowledge and experience at the services OF one
of the parties to litigation which involved
questions of medical science, but by so doing
In that litigation. The chief reason for this was
that as assistant counsel be would naturally
become preiudiced In favor Of the party in WHOSE
interest he is acting, and whose counsel would
seek to bring out every fact beneficial to the cause
of his client, or TO destroy, Us far as might be.
the effect Of any proof which was injurious to
him. The jury naturally regarded such witness
as preiudiced, and his testimony that of partisan,
and this fact naturally detracted FROM the force
and effect OF the evidence.
Il have reason 70 believe said Judge Bart
lett that cases are NOT unknown, in which the
counsel for the plaintiff has sad TO physician;
i think my clients injuries are serious, and that
he win never be . well man again. Go and ses
him for me- II you find that he is not per
manentiy hurt, shall not expect you 10 charge
me anything for making the examination, but il
you conclude that his injuries are incurable,
will c,n you as a witness the trial and PAY
you handsomely" No such proposition would Be
accepted by the really honorable professional maq
man who Is called upon to testify as an expert
Snssg bs e. 9Sss sTr as gsss one 81
would not criticise railroad companies for employ
ing Physicians reguinr1y, 1t was apparent 10 the
speaker that the testimony OF such physicians in
accident cases naturally prejudiced and iuries
so regarded it Still. many suits for damages were
settled every year upon the recommendations OF
the medical advisers Of railway corporations, who
also, doubtless were needed To protect the COM
panies from exaggerated claims on account Of
personal injuries.
INVADING PRIVATE RIGHTS.
Instances sometimes occur, however, said the
speaker, of gross invasions of private rights By
physicians 50 employed, who have been known to
force their way into the homes and to the very
betlsdes Of injured persons without regard to tbs
protests of their families in order to ascertain
the exte..t Of tire injuries Immediately after they
inflicted, and % prepare themselves to testify
on the subject if a suit should subsequently be
against people in the humber walks Of life. who
hardly Know that they can rightfully expei tbs
intruder under such circumstances They arc
wholly without justification or excuse, anu ~ 10
satisfactory find that iuries pay little attention.
to medical testimony founded upon these un4
welcome visits"
governing the commitment Of persons for insanity
upon the certificate Of two physicians properiy
qualified, subject 70 the approval OF ladse OF
competent jurisdiction, was a sufficient measure,
PHYSICIANS should be more careful than = COM
monty the case in the preparation OF eeftincates.
Under this law there was probably not one sane
insane institutions Of this State at the present.
time
EXECUTIONS OF CRIMINALS By ELECTRICITY.
In discussing the recently adopted amendment
Of the law relating to the execution OF the death
penalty, Judge BARTLETT said that the requirements
of the statute was that the punishment OF deaha
must be inflicted by causing to pass through the
body OF the convict o current OF eiecuicig oE
sufficient intensity to cause death. Inc prso,Ss
way In which this was TO be done hau no' I'LL
prescribed by the law, which was wholly elens
as to details Plainly. these must be Thought ous
and perfected by experts in electrical SCIENCE ano
Judge Bartlett had been assured py one % ul9
foremost electricians in the country that II wouiq
be by no means easy TO overcome the praencaI
difficulties in the way Of enforcing the ueea
penalty in accordance with the new law.
Without attempting now to discuss the SIM
cheney or validity of the reasons which have ieo
to the abolition OF hanging in this state ns
Judge continued, it must be conceded that tns
ultimate public Judgment as TO the wisdom OF the
change TO electricity will depend largely upon
the practicability and effectiveness OF eiectrieaI
cxecutions, and il is obvious that II the new
system is to be successful it can only be made 50