The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-09-05
The expert" Witness.


the Brooklyn Eagle, delivered an ad-
dress on Thursday last at Saratoga
before the American Social Science as
ISOLATION on the subject Of Medical
and Other Expert Testimony"
Mr.. McKelWay is a very clear and
clean reasOner, and understands hu-
man nature from the journalistic
standpoint, than which there Is no
more exalted promontory whence cor
rect judgment can emanate. Mr.. Nc
Kelway has looked into all the phases
or debauchery connected with the
American bar, and thoroughly COM
prehends the Viciousness Of a system
which is in direct opposition to every
essential element of justice When he
deals with medical experts, he touches
upon the educational advantages af-
forded by the promotion of science:
but when he extends to "other" az
perts he branches out into a realm
which the canopy Of heaven alone COW
erS.
The Jurisprudence of America has
really suffered from no odium equal 10
that comprised within the area of what
is known as expert" testimony. We
have seen men driven to the gallows
and the electric chair on expert" testi-
mony. Their ghosts have not vet had
time to arise. But It does not matter
whether human life or personal proper
ty Is involved. The system Of trial by
jury can never be regarded as a. proper
form for securing justice so long as
the 1nfamies associated with the en-
ployment Of so-called experts" as wit
nesses are permitted to exist.
Mr.. MCKelWay is q forcefuI wrItar
and orator; moreover, he is conscien-
tious, and utters only the sentiments
which his manly nature thoroughIy en-
dorses. In his address he calls atten-
ton to the opportunities for the per-
Versity of judgment which constantIy
occur when expert" testimony, so
called, is relied upon for a verdict. Who
are the experts and what are thew
Nothing more than ordinary men who.
in their conceit, assume to know mora
than their fellows and sell their onin-
ions to the highest bidder. And their
opinions, what arc they? Simply COM
modities that can be bought and sold
according to the value set upon them
. by the purchaser.
Mr.. McKelway, in the introduction Of
his address. points to an observation
made by Mr.. Justice Peckham, of the
United States supreme court, but at
the time Of the delivery Of the opinion
a member Of the New York court
Of appeals. The following are the re-
marks referred to:
Expert evidence so called or, in other
words, evidence Of the mere opinion of wit
nesses, has been used to such an extent that
the evidence given by them has come to be
courts and Jurors, and the fact has become
very plain, In any case where opinion evil
oence Is admissible, that the particular kind
or an opinion desired by any party to the in
VeSdgation can be readily procured by payine
| the price therefor. We have lately said thai
the rules admitting the opinion of experts
should not be unnecessarily extended BECAUSE
experience has shown that It Is much safer to
confne the testimony OF witnesses to facts in
al cases where that Is practicable and leave
the jury to exercise their judgment and ex-
perience on the facts proved"
The medical expert" is frequently
called in ~murder cases or In cases of
damage against corporations. He re-
ceives, before he enters upon the stand
retaining fee, just as the lawyer
would do on assuming a case on the
side Of the plaintiff or Of the defendant.
Mr.. McKelway holds that such a pro-
cedure (and others Of like quality Is in
the nature Of bribe, and that compen-
sation should no more be accorded to
an expert than an ordinary witness
possessed Of knowledge bearing upon q
specific case. The following is what he
says on this particular point:
There are men who hold themselves out as
experts. There are so-called experts who
seek to commend themselves to the Injured
as their professional hackers in vindictive lit
lgauon. Others still constantly seek to in
gTatiate themselves with corporations which
are exposed to damage suits There are run
ners In about every city on the lookout for.
accidents, who carry in one pocket the cards
OF damage lawyers and in another the address
es or professional experts with notoriety or
celebrity for the aggravation of Injuries
Neither the collective character Of the bar nor
the collective character OF the medical pro
tesson is represented by these creatures
But these creatures do exist are active and
to say the least, rarely poor"
These are solemn truths, forcibIv
told. There is great deal of common
sense associated with the advancement
Of Mr.. McKelway's ideas on this gem
eral subject, and there is vast room
for reform In connection with the treat
ment Of the entire subject. AS he very