Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-25
Nao Tork Tms.


sxpertS in the Buchanan case, Is that
sentiment has been aroused in the
minds Of many medical men in favor OF
a change in the manner OF taxing ex-
pert medical and chemical testimony.
The later developments 10 the expert
Testimony 10 the Buchanan trial have
hlso raised interesting, II not important
uestlons affecting the weight and value
kf the testimony Of that sort which
ounted so heavily in convicting Medl-
Student Harris.
Singularly enough, there had not
Ben, 40 far as the oldest court clerk
Eak reeollect, a case Of alleged NOR
'phhe poisoning on trial IN New YORK
for q quarter Of a century previous TO
the Harris case.
The sentiment which has been
aroused in favor Of some new plan Tor
taking expert evidence is not yet gen
eral, and there are opponents among
the physicians, and also in the ranks OF
the LAWYERS accustomed TO engage In
trials OF this character. The senti-
ment for a change, however, is I'M
dOubtedly growing. There Is az least
one Judge who strongly fayors the
change, and that Is Supreme Justice
Willard Bartlett, Of Brooklyn. de is
outspOken In favor Of radical depart
urs from the existing method OF taking
expert medical and chemical testimony.
The present method OF taking this
sort Of testimony does not differ from
she method OF taking all other kinds
OF testimony to be used on trial.
Each side hires its experts, and they
'1Raset upon each other like cocks In a
They seldom agree on the facts
which expert conclusions are 20
rawn, let alone on the conclusions
nselves, and by disagreeing on the
and symptoms, and fatty contra
ng one anOther's conclusions from
disputed facts, they stir up such a
ld OF smoke that the jury is often
pied to blow the whole cloud away
breath and judge the case on an
Ter basis.
There have been two celebrated trials
New York recently which hinged on
testimony Of medical and chemical
perts. These are the trials OF Car
w. Harris aud DR.. Robert w. Blu
anan.
The most important link In the chain
circumstantial evidence in the Harris
al was supplied by Prof. Rudolph A.
itthaus, VINO swOre that mis- elaborate
emical tests had shown that there
IS morphine, but no qulnine, In Helen
BITS stomach.
The S5fense brought forward other |
lperts who swore that they would not
feel warranted in drawing Prof. Witt |
d
Experiments. 1t was quite possible, |
khey thought, that the traces OF Qui- !
Ae> Wght have vanished before the |
3tOmach was examined As for the |
races OF morphine, the most important |
! which were cOlGr tests from chemical !
factions, Harris's experts told the jury /
lat il was more than possible that |
bre were undiscovered ptOmaines /
ich would give the same color reac- |
hs as morphine. Hence they would |
regard the color tests for morphine |
conclusive. Nevertheless the jury |
victed Harris, and he is now await
death.
be case of Dr. Buchanan was SINH J
b many respects 90 that OF young |
lis. The doctor was accused Of ad |
rife. In HarrlS's case the phySi- |
gave his wife atrOpine in their |
IS to Tesuscitate her.
be Buchanan trial the chief wit |
Tor the prosecution was their lead |
expert In the Harris trial, Prof. !
tthaus. In the Buchanan trial he |
a that his elaborate tests had shown |
brphine In the stomach Of Mrs. Buch- !
an, but there was no positive evidence |
atrOpine, although be suspected It's |
sence.
be defense produced an opposition |
prt, Prof. Victor @. Vaughan, Of the /
Eersity OF Michigan, who proceeded |
bmOnstrate that be had found ptO- !
es-the undiscovered" ptOmaines |
Harris trial-which would pro- |
Exactly the color reactions Of NOR |
he performed series OF tests /
rt TO prove his statements, with |
nRtory results.
nestiOn Of new method Of |
kpert medical testimony Is e. /
ng actively sgitated In the /
OF Medicine and In the Society /
cal Jurisprudence. Supreme |
lstice Willard Bartlett and |
hdon Carter Gray are the lead
movement
form needed, In your opinion,
eSent method of taking expert /
BID chemical testimony" DR.. /
Esked yesterday.
~ fact that experts are so /
ed by lawyers and regarded !
Zion by the laitY," he said, |
e Of the need Of a reform. |
pse who are thoroughly ac-
th the matters on which /
called to testify know we'll /
Q exception 10 the rule for 1
obtain the real truth about /
And the jurors are the
addition, the best medical /
reluctant TO go upon the /
as they feel that their 4
boriously obtained through |
likely 10 be jeopardized |
lotion Of some utterly in
SON."
ert testimony often rem
by valueless by the con-
experts assuming to equal
between whom the Jury 4
crimirate intelligently?n
y"
system is a failure, be-
IS are employed as par
cted togo into court 70
wn side, and against the
If they maintain as they |
fectly impartial and ju-
and admit something /
to their side, they are
lslOyal."
would yousuggest?"
ans" be replied,
20 far to remedy