The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-08-02
Expert nrEDrcAE z1rsr1nONE.
DR.. Austin Flint On the Kort-
right Trial Proceedingu.

To THE EDITOR OF TIE SUN-Sir: II IL with
the greatest reluctance that l mako this COM
munlcation; but the repeated references 10 the
fortnight case." in which my testimony, both
on direct and DISCRIMINATION. Is not accu-
rately represented. seem to call for q reply.
On direct examination 1 was asked q by
pothetical question. which / answered In tho
only way in which It could be o by an
honest and competent expert, giving my rea-
sons for such answer.
l had nothing to do, directly or indirectly.
with the preparation Of this question. was
compelled by the rules Of evidence to assume
ench and every allegation in the question TO be
absolutely true, and to consider nothing be-
yond these allegations: otherwise my answer
would properly have been excluded.
Very few Of the questions on cross-examina-
ton were pertinent. An attempt was made to
have me define the mental condition simply a.
one OF dementia, with no qualification as re-
CARDS the degree or kind Of dementia. was
made to describe the termination Of paresls,
which is universally regarded as an incurable
disease. The rest of the cross-examination |
TO my principle, that II is indecorous Tor an ex-
pert witness TO enter into a contest of wit with
S1HihisSi' tR Re s 81 imaSlse in IN TIP FsR2 sSs that n t RRS
cogency OF his lnyl evidence was much shaken
on cross-eTamlnation" is inaccurate.
for rebuttai on The stand the relantor Expressed
q wish TO discontinue tho proceeding. Oppos-
ing counsel would not consent unless the re-
lator admitted that Mr.. kortright was OF sound
mind. which was done.
l had no. opportunity to make an examina-
ton OF Mr. Kortright or to have the hypotheti-
cal question which l answered asked Of other
Mr.. Justice Joseph F. DAILY said Of Mr.. Kort-
right: his demeanor while In court and his
testimony indicate that he Is of perfectly sound
mind" 1t would appear from this that Justice
Daiy Intentionally ignored the testimony as to
fact In regard to the mental condition for the
past two, years. possibly in view of the admis-
sion by the relatOr that Mr.. Kortright Is of sound
mind. While the Court might. as a matter Of
Judgment, ignore this testimony. ] could not do
SO In answering thel hypothetical question
without assuming the Courts functions and
am content with the scientific record OF this
case. but ] think 1t fair and Just TO assume that
the concession. on the part of the ~ralator. that
MIR. hortright is OF sound mind, had no rela-
tor. to my testimony. which l insist was fully
justified by the. picture of mental condition
presented in the hypothetical question and was
not discredited. in a scientific point OF view. on
which the individual seems to a lay observer to
the Medical Record OF July IS, 1888. is
a history OF several such cases. one OF
which is very recent, and the subject
was adjndged of sound mind BY a commission
de t~,Lldtico. / was concerned In the case Of
t Mr, Witn he made nfsaddee sue sHTSh Il, z So9Sd appeaTanes on
convinced that c. had paresis, advised that the
proceedings be. discontinued. as no lay jury
would find him insane. After his discharge he
became melancholic and attempted suicide,
wounding himself severely within q few weeks.
JULY 81. 1888. AUSTIN FLINT.