The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1895-03-09
EXPERTS IN TRIALS.
''s'H CONTRADICTORY, CON- AROUSE A
WISH FOR A CHANGE

"ony In Murder rr,ais ~ ~.
IRON That OF rak,nu r.,
Two Plans Suggested. ''"'e'
ny question Of new rneth,.s
~be,. medical testimony il No. VI eaAiis
in ~ ~ ohe Academy Of Med;o;,,o 10
O. 'ne society Of Medical .f,, s,.iclne anu
nd ' n Court Justice Wi,lar5 p eusIee
a" rolessor Landon Carter Grav a..t1ss
'eauers IN the movement gray are one
| ~ II reform needed. in Won
sIe present method of taking e,,,d Paii.on, IN
asked yesterday. Ut. Gray was
Inc very fact that experts 49,.
"sr,ueu oy lawyers and regarded 81 ,'iuon
e'o" oy tne laity," he said ss e,;d',s
~ neeu OF areform Besides. tbose -
Vusniy acquainted with The r,,.. ~ 80
"nSn experts are called 10 tas,;s.' 1. u,
."a' u Is the exception To the r,,Ia o..
~ !ul'es 10 OBTAIN the real truth about ~,
.I.s.' ana the jurors are the iudoros H.
,on, the best medical men are 49,, -,
49, .' 70 go upon the witness stand os
my ieei mat their reputation. laho.;,',s1.'
E ;a,. through long years, is likely 10 ~,
J.eP"'ui-eu oy the contradiction of come
utterly incompetent person.
Is not expert testimony often rand,,.o,
Psacoically valueless by the contradiot;-s,.
VI eAperos assuming to equal knovledoo
anu between whom the jury is unahIe IN
discriminate intelligentlyi"
undoubtedly. That is the raaso,, -.
! 'nink reform is needed The law onght
W pun experts above suspicion, and IL on9bt
70 proVlue Tor some means Of discriminatino
between the competency Of experts
Inc present system is a failure bacausa
one experts are employed as partisans are
expected TO go into court to fight for their
own siue and against the other side. and II
tney maintain, as they should do. a perfect,-
" impartial and judicial attitude and adj
mt something that is damaging to their
Siue, they are considered TO be dsloval
Inc theory of the law is that the mali
Ties OF an expert can be determined bv cross
examination. but this is fallacy for tbere
are rev lawyers-not one out of a thousand
VINO Will coach themselves for the task
ana there are even fewer LAWYERS who are
capable OF mastering the subject in such n
short space Of time"
What new plan would you sugpest,,, DR.
Gray was asked
have two plans" he replied (which I
believe would 90 far TO remedy the evils of
the present method of taking expert testi-
mony
would suggest, in the first place. that
the experts in jury cases hold conference
and examine the plaintiff, either before or
during the trial. Second, would suggest
that IN cases tried by a judge alone, the
Judge select two medical men Of reputation
in the branch of medicine under discussion
to act rs his medical advisers and to sit
with him on the bench for that purpose, to
be paid by the state or city.
"The first plan or system of conferences
has been for many years the custom in
Leeds, England, and is spoken Of by Sir
James fitzstephen in his history of the
English criminal law as having been so sue
cessful that the medical men are scarcely
ever cross examined, although it should be,
| think, the privilege of counsel to do this.
If they so choose.
in such "A conference the medical men
are almost certain to agree on the facts, as
experience has shown in England and in
Brooklyn since it was suggested there first
by Judge Bartlett several years ago. Judge
Bartlett has tried the plan with unvarying
success"
Would the first plan proposed by you
make it easier to get at an expert on cross
examination
"Manifestly it is much easier to cross ex-
anime witness as TO the validity Of his
conclusions when the facts are agreed upon
than it is when the facts are in doubt be-
cause the conclusions are matters that can
be tested by statistics and by textbooks
"In the cases that are not tried by Il jury,
but only judge, the addition to the court
of two medical advisers makes no changes
in the law in any essential particular, be-
cause the Judge himself is not subject to
cross examination, and there is no possible
hardship in associating with him two com
petent men to advise him, even though
they are free from liability to cross exam
ination. Moreover. the custom will not de-
bar the plaintiff or the defendant from in
Producing other expert witnesses, paid by
themselves, if they choose, who can be sub
ject TO the usual cross examination.
by this double system medical men OF
the highest standing will feel that they can
go into court with dignity without thedan-
ger of having their expert knowledge sub
iected to ignorant, tiippant or malicious
criticism"
Suppose the experts on jury trial could
not agree on set of facts or symptoms
There has never been a failure to agree
have been a member Of several confer
ences Of this sort, and there was no trouble
about agreeing"
How would the judge select his advis-
ersf''
"In large city like New York, unless
the Judge knew some man thoroughly COM
petent in the branch of medicine under dis
cussion, he could address letter to the
president of the Academy of Medicine who
could give him a list of the best men IN
that line Inasmuch as the academy elects
new president every three years, there
could not be much cliqueism in the names
suggested.
"In the smaller communities the reputa-
zion Of physicians is so well known thas
the Judge would have no difficulty in max
ing proper choice"
Gould the conclusions OF experts rom
an agreed set of facts or symptoms amer
very greatlyS"
NO. not if the experts in the conferences
were competent men,
II am not lawyer" said Dr. Gray ~
conclusion, '.and therefore ! am not com
petent to Judge Of what is in aecordanC'
with our code of legal procedure, but rear
ly believe that the best method to remedy
this evil of contradictory expert testimony
would be to create medical judge, WIN
the rank and salary Of supreme court
judge He would go on circuit with sne
other Judges and would sit as side Ju15e
in cases involving medical matters