New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-02

/ e1upred the safety ana purify Ut S'at,
| mat has Furnished his education
! Eugene raeeur. Of the Montreal har. read paper
! on American Marriages and Divorces Before Cana
tisn Tribunals"
At tho evening session there WA an increased at
tendance.
ST CLAIR MKgLwhY SPEAKS.
| :, Clair McKevev - Brooklyn. resd paper on
| Medical and Other Fvrsr's" He spoke in rart
81 follows
se,n problem FOR 4 long PERIOD. and h. is almcs,
J becoming scanda. Whether he Is ne t ,n
ss sg,4 :. G TSs f 81 b.;
may he 90 which ne beonr.-,he bench. ne bar,
~ TG in b sS hat ao a Ike mps
! erels consideration
9s 5'a'S witness 81 T As R II ssts ders
al othcra who give ,estnony ~ the fset ,ha :.
~ what they know ne IL called on 70 render under
2 0e MS r qFno see - heb b opno are
rect should really entitla him ia b" called an eY-
nr and pc for purposes Q, pfsctcs estimate
pert must be regarded as any Specialist giving cyl
derce in tho form Of opinion, no matter what his
real or rssputed standing in his speciality or In the
n r for .t tss or lo ns
for sxsy he .aaSs that leads The r9rj % as
a'e hired 10 say their say. The experts are rad
% ] % hs p s99n IN 2a u Ss TsSs
the experts. The legal profession from the be,
% has been "d in its GTn m RnGn sSs
in any case There are always two sides; and
resented as to suggest much larger number , OF
sides Each one % these IS entitled 70 its LAWYER
entitled 10 payment The nsyment itself. bv com
mon sccepta alton. be proportional 70 the emf.
represented interest 10 compensate him TO the
value Of the issues involved. or to the amount OF
labor required. 20 the degree Of opposition 10
overcome. or 10 all these considerations combined
or 20 any group Of them The LAWYER as money
her does NiOlH
ton OF his function
WHY LAWYERS ADDRESSES ARE DIS
COUNTED
Go y mus, NJ. b. thought that lawyers addresse,
arc discounted ard compared and criticised 1rd
contrasted BY jurors merely because attorneys are
hired advocates Jurors do NOT condemn them fGr
being hireo bur they do rate what they say below
the value or emphasis which lawyers would have
them put upon IT, because they think that the
study in the main. Of one SIDE only and the d.,
70 ne advocate partisan an interested basea
The discount Of lawyers addresses Is due 70 this
estimate Of their interested relationship The dis
%Sn does S sS not en rss mnd Tns adse
elected. sworn and paid 10 be impartial He is
he is so. In the tenth. his deviation from i'm
partially w9ud hardy be disCsne G except by
as error not of intention.
Now apply this operation Of morals and Of rea-
they alone are nrivessd to give opnons on The
facts the supposed facts The Judge himself
jury tina; they are solely the Judges Of the facts
ard of all the facts IN the case. but among those
experts is the other fact of the conflicting opinion
evidence Of such experts and Is the third fact that
they do render under oath and are paid TO impair
or to dss0y the ne c1ntray opinion nhch snsr
defend under oath.
COURTS ON PAID OPINION WITNESSES
If drop our casuistry lawyers or II We III
ourselves above the technical procedure Of courts
II We retire for moment the artificial reasons by
which such casuistry and technicali,y both
he defended. we can get down 10 some plain ethical
considerations. one OF them is that such opinions
as many experts are called TO render should
and not for sale 10 any interest or man TO use
AGAINST others. profession should be title OF
nobility Noblesse obge should be the motto OF
contemporary civilization much 1t ever was
Of fo nat Of any me II ne Professions Other than
ana discou9ted partisan and the con,ending par
ana is really useful TO both deliberately enter the
market IN competition for clients or for price,
respect which they would like to command and
they must expect 10 be rated by the gauge and
80 the IL n v@ 1 6 h fh he s"p s S
services There can be no retreat from this propo-
stion. Men may protest against IL, but II will not
GOWN at Their protest. Experts may feel offended
~ IT, but tae orsnaers are those BY whom the
may object 10 II. but the laws OF human nature
are not changed for their comfort or TO preserve
world The retained expert is becoming more and
munity
OF course you and and all OF us know that
there are experts and experts that there exact
sciences and inexact sciences that there opin-
must he tentative; that there are absolute truths
and empirical propositions and pursuits. or course,
pert confronts .felIow-expert and that both are
tons conducted with the purpose Of breaking them
down. Of destroying their influence with the jury
piishment Of their overthrow. into contradict,"ns
that make havoc OF their credit. ducks and brakes
OF their confidence and seif-respect
The assertion IS made that the right to call an
Der Of such witnesses and that The right to sonSra
dict, TO cross-examne and to break down to dis
that in the case Of any other witnesses The decia,
ration has been advanced that the freedom OF ria.s
Is essential to their fairness and that that freedom
would be dangerously abridged II opinion witnesses
other Witnesses far their treatment or Gre
dence is concerned except as they themselves. by
selves a special consideration. ana can protect
themselves against the concerted impertinences OF
boinbarding counsel.
DEFENCEs OF EXPERTS BY SOME LAWYERS.
This plea Is put forward mainly by lawyers who
have brought expert testimony into dsrepute. and
who. 70 a degree. have brought their profes.
sion into dsrepue by the arts which they have
prectisAd for the concealn,ent or destruction Of
truth rather than for IFS disclosure nd denotenent
have exceeded even the elastic limits OF the easy
ethics OF their profession The plea is made by
lawyers who could we'll be called harrators. and the
agents Of champerty, instead Of the officers Of JUS
tice. by lawyers who take cases not for the truth
that is in them but for the lies which he put
into them. and who stipuate. in the event ~ tho
the ms6 Si p snTr Of Se r gains w
are much ~ rNproach to the bar as any other
scoundrels 20 any other profession which they
disgrace The har is potentially equipped With tho
means OF driving these pests from tho calling which
they contac1nate But the bar has been wofulv
negligent in awaiting itself ~ such The
source OF the plea Shouts sufce 10 dispose Of H. for
the object of these is the denial and the defeat
rot The triumph. Of justice. II IS the enri hment
OF themselves out Of the robbery Of others by the
forms ard processes OF litigation Even the Plea
nigh, be admitted. In its comparative sense with
ont touching the heart cf the subject " might he
conceded that opinion witnesses should receive no
better treatment than other witnesses do not