Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-04-22

and scientific experts IN criminal trl; Is
has long been theme of discussion in
the circles of medico-legal jurispru-
dence. The need of some change in
the existing system is generally re-
cognized, but there seems to be no con-
sensus Of opinion as to what that chang Q
should be.
1t is obvious that in many criminal
cases expert testimony is essential to
the due administration of justice. This
is notably true in instances of charged
poisoning such as the Harris case and
that Of DR.. Buchanan, now on trial.
Without the evidence of expert physi-
clans, pathologists and chemists it
would obviously be impossible to
prove guilt, bring the offender to JUS
tice and protect society against one Of
tie most dangerous forms Of murder.
While expert testimony is necessity
lis abuses and even dangers are matters
of common uotoriety. An array of eX-
pcrts who swear positively on one side
is always followed by an equal array
on the other side who swear to the con-
trary 1t is q common expression that
q paid expert can always be produced
to support any theory or view. But
dismis>ing this view from consideration,
the fact remains that conflict of opinion
whether due to unconscious bias, lack
of knowledge or carelessness, is COM
mon among experts of the highest pro-
fessional standing, whose integrity is
beyond question.
A most striking illustration of this is
afforded by the testimony ofthe chem
ical experts in the Buchanan case.
Professor Witthaus, chemist Of recog-
uized standing and large experience, 4
teacher in one of our colleges and the
author of a standard work on chemis
try, has testified positively for the pros
ecution that he found morphine III the
body of Mrs. Buchanan. He was COR
roborated by Professor Doremus, also
chemist Of recognized standing. The
processes and various steps in the
analysis were minutely described.
Thereupon Professor Vaughn, Of the
University Of Michigan, a chemist of in
ternational repute, specialist in
poisons and the author ola standard
work on the subject, testified for the
defence that it was impossible to de-
termine the presence of morphine from
the results Of the tests used by Pro-
fessor Witthaus. He declared that the
presence ofmorphine in body in which
decomposition had set in could be shown
only by finding and separating morphine
crystals, and that in the absence OF
these the color reactions were not to
be taken asproofs. He went on to ex-
plain that ptomaines without morphine,
a natural poisonous matter found in
body and due to decay, would give the
same color reactions as such matter
with morphine. He illustrated this by
saying that he had been called upon to
analyze the stomach OF a man supposed
to have been poisoned by morphine,
and finding no crystals reported no
morphine. This finding, he said, was
subsequently corroborated by the dis
covery that death was caused by a
blow on the head.
Professor Vaughn then undertook to
demonstrate to the Court and jury the
accuracy of his views by an object les.
son showing that the same tests applied
to ptomaines without morphine and to
ptomaines with morphine would give
the same color reactions. His testi-
timony was corroborated by Dr. Schcele,
a young chemist from the universities
of Berlin and Bonn, who testified among
other things that the tests used by the
experts for the prosecution were not to
be depended on and were not now ac-
cepted by the most advanced German
chemists.
1t is not for the lay mind to say
whether in this instance the experts for
the prosecution or those for the defence
are right. 1t is evident that one side
or the other must be wrong. The con-
flict may even lead to battle among
chemists generally. Yet on this evil
dence largely jury of twelve average
citizens is expected to determine the
question of innocence or guilt in a case
of life or death.
Moreover, the issue involves not
merely the opinion of an expert in an
individual case, but chemical process
which probably has been and may be
followed in other cases. 1t raises a
vitally important question of chemistry
as we'll as criminal jurisprudence, and
is likely to infuse fresh life into the time
honored discussion ofexpert testimony
in criminal trials.-N Y. Herald.
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