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

submitted these experts ann me replies oo,a,.s ~
fror, them should he in writing. and that; so far az
written interrosstory and written crosS-ln'e.ros
story will permit n" inyes'salo D o, ' Rn a
are ren,Iired should he conducted hy commission:
not in open court tn. juds. hlm,o sn s,tbered
from iii ire exper, testimony thus ohtahea sn'
should announce hat truth sx anSSrty and
mpsrtality with which 10 them no eHpoui'nS '"'
law. ,., -, .ho ,,esent scandal
=, exnert ,estirnony. II should be the hrsr sep
toward tho reform or the aestrnen' 81 s,s,,,,s i,
s ea b. T made in that way II constitutional ar
ton is required. that action should p, No b,.sd
howAy ar sc many believe. courts under their nroa'
equity po~sr- can dAcysn ordain thiq chapRs.
that should be done Court mace a~ , ~, an
~. =, sling OF Law bv legislative ,ction las Tor
long time been benign as well az n the Vs,y na,n
Of things large TIE object ~ trisls ~ me nnnins
best Nnds the truth ~ any case Is the hss ou.
pro,essor lea FRANKLIN Ruesen well says. can
absolute demonstration ne afflrmed or maine
ma'n r ana o ~, on human irrmitIes
human Interest and human sins Bu We kno ',S
oo~re,rondencs with humanity which has simpl;
fed the getting Of evidence IN me 1ne bp ANU
CURIosITIEs OF EXPERT TESTIMONY
NV purpose has been constant IN this output Of
my views to avoid the personal treatment OF INC
question. rr at Least tn work Into ~ No rehection
on experts rs individuals l. Is d'fhcult. however
10 avoid consideration of tho had effect upon g.
perts Of the partisan or competitive character OF
their t.stimcnv. There are mon who hold them
seos ont ~ exrsri. There arc s0-calicd EXPERTS
VINO seek 10 commend themselves 70 the injured ~
their professional hackers IN NlndicrV' nlRtin''
Others stiil constantly seek 10 insrena,e I'm
age suits There are runners I'm about every cllF
on The lookout for ss'dsns Who c'gr , IN orr
other the addresses Of prof sson1l eNpcr,r WI
notoriety or celebrity for the ageTarauon "f W.
iurie eli her no character
nor the collective character ~ tho medical no
fesslon Is represented bv these creatures Put
these creatures do exist. are active and, 10 say the
l have known more than one asprant for judicial
honors 10 base his cndeavors upon the wealth
which he has acquired in what do not hesitate
sion las and to MAKE make his plea for nomnaron ex
tremely pathetic. such an asrirant generally says
that II ne is raised to the bench ne will have an
his reputation. have known doctors who have
49, o, EnH sac oi ne riFet upon Htato or
opposite effect 10 that which they have given evi-
ceNcs Hron ifent.aily the same state Of facts on
with their contradictions. thev have sala that the
Facts were not exactly the same, although every
body knew that they were
COURTS. THE COMMUNITY AND CRIME.
The relation in which law stands to the com
munity Is It's relation - crime The science Of
crminoosy Is The one witch legal rofcrm,rs social
ieiormeis, humanitarans AMI scientists should
that rznt II gaining over wrong that proportion 81
advanlage which existing judicial systems meth
person in every 3,H2 o. our population IN America
vas a prisoner In iSo ono IN ev"rv ~ persons
!rston Of criminal law in the Jni,ed States is over
Sso.NHw. That is more than thirty times as large
the cos, OF our entire diplomatic service !, /.
moro than twenty-five times as large ~ the annual
enumeration OF our Federal legislators Except
In war times ~ exceeds the cost ~ our val and
army embellishments combined n represents the
largest single item ~ expense IN our system except
the interest on tho debt or tho pension roll
or medical experts the function should 10 I"sq tho
extenuaton OF crime. by tho estimate or demonstra-
ton o. the defendants inFaui;y or irre-ponsbiify
than the protection OF the community rom him hy
his s@questration or then tho restoration of him
by right treatment Tho experts Junction should
be the function ~ the physician. whether In court
ort Of court lie should study crime scientifically
that same fO" IN tho general welfare that any
other moral or physical maaiy H.
passionatcly II you will. wish to give my adhesion
10 the scientific rather than 20 the theological cs-
world. Sin Il want OF conformity unto law But
acts are not, wrong merely because they arc for
hidden. They are forbidden because they
wrong The law from which sin Is a deviation or 81
which Il is violation should be discovered by tho
light OF science as well ne by that Of revelation.
Men may talk and write and illuminate or refine all
primordial innocence or the fall. For impn'ation
shment read 'reairnent. Theology ana science
2ke 3sTeG IN TssaTf bns MAN, a. c ng S
creature involved. man. the same
Crime should he treated by courts. and crimes
a
possible. TO restore man 10 tho original purity and
innocence prcdcated ~ him by theology or to adj
the not essentially conflicting terms Of theology
or science be used. The shibbolcth ~ the first
word OF the second would front TIA mind toward
better future The law which eac would subser'e
II Is not that body OF nsages called common law.
which is the upeome Of experience in the race !,
Is code OF conformity with tho original nature %
man claimed by theology or with The possibilities
OF development before man revealed by science.
crosses The new view IL hied with schools Tho
new view has been Illuminated by industry.
CRIME A DURABLE DISEASE
Thence has been evolved the science OF law az a
body OF trained men impartially dividing for the
protection OF the community from the criminal and
OF the criminal from the community. Hence thu
pellate system OF procedure. with the confessed
gain OF crime authority out Of proportion 10 the
f 5e p 1f Of religion and Of in the
world. Something better than this must ne ned
Such study Of him as VII ACCOM-, for o What S he he
did It, must be secured Such change Of nfili.
ences as will form In him at Least DECEPTION OF
rrhtdoing and inducement TO It must be supplied
The criminal Is not an instance. lie IS tyPe,
no. merely a transsressor. He is product. lie Is
not merely product. H. Is a Ireproducer Of his
ton must be regarded as Of vital imporiance The
community must he protected from MS nege''ihs
powers until he can be mnde \ worthy cniZen ana
allowed 10 become worthy progcnitor.
This is where the medical expert should come IN
The community should be his patient whom IN"
prisoner is his subject He should prognoee me
Ease ~ postAritv when he deals with tho contem
porarv culprit. The prison 70 him should be nos
piral or an asylum All cur jurisprudence should
bs essentially medical in ~ Intent. scentlhc ~ rs
procedure and moral In IT'S motive Tbs Ia "ntirflN
possible within Existing instrumentalities
O,r courts can be nade 10 respond :" these prin
| clples The profession II lsw can be made con
pstihle with the advocacy Of th"a~ truths inc
| junction of tho istrct-attorney can be made ~
dcia and morally pstholosica lnsesd q, ,esa,y
,orrAy ean walk hand IN hand on the hghwav ~
tight instead of reproducing III" brutal mimicry or
| savage war which should hc impossible iraastv
and an. incr.iihe barharY In temrIes deocatsn 70