New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-02

~ stata srononov iustnes whatever expense may
S by he sss ana rendered to society with
o so,nd body good character ana souna n'r1 mn
wa ws.n sssoeisted With HE feiowme similarly
equipped insures the safety and purity o' 'ne STATS
,hat has Furnished his education
r,,,sra rseeur ~ the Montreal har. read paper
on American Marriages and Divorces BEFORE cana
Gan Triburaa
Al tho evening session there waa an Increased at
tendance.
ST. CLAIR MKgLwhY SPEAKS.
:, Clair McKevov. - Rrockyn, resd pare on
Medical and o.Nor Fypsrs He spoke IN part
81 follows
se,n problem for 1 long PERIOD. and \. Is amos,
becoming scanda. Wsether he IS ms YES,
sS ,c4 Pe sd T6s f@ vssyer
nav be 10 which ne beonr.-tne bench he bar
uc And in him subject that alike impsls ard
eres consideration. l.,
that Of witness As witness he differs f.; from
81 wS gv. n S ~ 'a give f' sdt na
~ what they know. he IL called on 10 render under
6as his 2Eno TfAs - wheb Me opnons are
rec, should really entitA him ia bs called An ey-
nr and Pc for purposes Q, prsccsl estimate the ex
pert mpst be retarded as any SPECIALS, evne cE
real reputed standing in his speciality or N tne
Reasons for the chespsnng Of eyrsrt .yd.nsf
are far - seek or hard 70 fnd cnsapensa
e cor the s5s s Of The advocates
ae hired 10 say ther say ne r eI ,Ps Tbo ale the
advocates come off better in Jurors judgments than
the experts The legal profession: from me . oe
n The orinon Of practical IN taking sides
in any case There are always two sid d r snd
resented to suggest much larger NUMBER n,v OF
Each one o. these Is sntsG 70 s a"s sfe
entitled 10 payment. The Nsyment itsclf by con- n
9n sGSfpbson car ee 6r to tho sbty 81 h.
represented interest 70 compensate him or 10 me
labor Tenured. or 20 the degree Of opposition 10
overcome. 10 all these considerations comnineo
maker does no violence 70 any received concep-
tion OF his function.
WHY LAWYERS ADDRESSES ARE DIS
COUNTED.
Go !. mus. NJ. b. thought that lawyers addresses
arc discounted ard compared and criticised ard
contrased bv jurors merely because attorneys are
hired advocates Jurors DO no. condemn tnom fGr
being hreo bur they do rata what they say below
the value or emphasis which lawyers would haze
them put upon IT, because they think that me
sire. altogether TO have that side successful CIV.
70 o ne s az M sbet which he reats
Tho discount Of lawyers addresses Is due 70 this
% Of f,d Their a5s IS fbs nGa Ts s6 a;
which does not enter jurors minds tn" Judge IS
sS}9 % m END pa 6n 70 ns oa of tens
he is so In the tenth. his deviation from I'm.
Tho most critical. and by them 1t would he regarded
as an error not Of intention
beR 6 10 T need as give epnos on he
is not allowed do that He Is careful 10 tell the
jury that they are solely the ludges oil me iac,s
very facts Is the fact Of the opinion evidence
eSSnse Of such S espcr and IS the 'Srd TACT hs
these Experts are paid to give the opinion which
or 70 Gestpoy the contrary opinion @hich sn,sr-
onistc experts are likewise paid 10 render and TO
defend under oath.
COURTS ON PAID OPINION WITNESSES
If we drop our casuistry as lawyers or II We IN
ourselves above the technical procedure Of courts.
II We retire for moment the artificial reasons by
which such casuistry and techncality can both
he defended. we can get down 10 some plain ethical
as many experts are called on to render should
he invaluable and. therefore. the property of AL
AGAINST others. A profession should be a title OF
nobility Noblesse obge should be the motto Of
contemporary civilization much 1t
Of that Of any time II the professions other than
that Of law. which. as already said is a licensed
tisanship Of which Is tempered by judge and jury
and is really useful TO both deliberately enter the
they must expect 10 part with the authority and
respect which they would like to command and
they must expect TO be rated by the gauge and
b 2 80 h va1 or b h be suppea by
services. There can be no retreat from this proPo
sition. Men may protest against it, but II viii not
by it. but the offenders are those by whom the
offence cometh.. Their friends and their families
may object 10 II. but the laws OF human nature
are not changed for their comfort 10 preserve
world. The retained expert is becoming more and
raore a discarded quantity in the courts Of law,
munity.
! or course. you and and all OF us know that
there experts and experts; that there exact
sciences and inexact sciences that there are opin-
ion witnesses who can be positive and others who
must be tentative: that there are absolute truths
and empirical propositions and pursuits. or course,
pert al n2% ha M and ss " both hs
harassed. angered and confused by crosse xamina-
down Of destroying their influence with the jury
and indirectly bringing them, through the accom-
that make havoc OF their credit ducks and brakes
OF their fame reduction Of their income and ruin
The assertion IS made that the right to call an
opinion witness Involves the right to cal any mum
dict, TO cross-examine and TO break down or TO dis
,hst in Sq Se Of any other wnssses The deca
ration has been advanced that the freedom OF tra.S
would be dangerously abridged n opinion Witnesses
! were placed upon any other basis than that OF
other witnesses, far az their treatment or Gre
dence is concerned except as they themselves by
character. learning and dignity. can make for them
! selves q special consideration. ana can protect
themselves against the concerted impertinences Of
J bonbarding counsel
DEFENCES OF EXPERTS BY SOME LAWYERS.
This plea Is put forward mainly by lawyers who
have brought expert testimony into disrepu;e. and
who 70 a degree. have brought their own profes.
sion into dsrepute by the arts which they have
prsctisAd for the concealn,ent or destruction of
truth Their than for IFS disclosure and denotenent.
II Is the plea of lawyers who. In many instances.
have exceeded the elastic limits Of the easy
ethics OF their profession The plea is made by
LAWYERS who could we'll he called harrators and the
agents Of champerty. instead Of the officers Of JUS
tee: by lawyers who take cases NOT for the truth
that in them. but for the lies which can he pun
into them. and who stipulate. in the event 81 III"
success of their efforts, that 10 them shall come
the major part OF the guilty gains. Such lawyers
are as much ~ reproach to the bar as any other
scoundres arc 20 any other PROFESSION which thtv
disgrace The har Is potentially equipped Win tho
OF driving these pests from III" calling which
they contar1lnate. But the bar has been wofulv
negligent in awaiting itself ~ such means The
source OF the plea Shouts snce 10 dispose Of ~ for