New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-19
EXPERT TESTIMONY.
LAWYER DISCUSSES ST. CLAIR MKE1.wAY'S
PAPER ON MEDICAL AND OTHER EXPERTS"


A LAWYER DISCUSSES ST. CLAIR MKEIWAY'S
PAPER ON MEDICAL AND OTHER EXPERTS"
To the Editor Of The Tribune.
Sir: The Tribune recently indorsed the argument
of eGitor-orator the subject of expert tes;i-
mony. which TO expert Of Ing practice appears
to need at least explanation. The argument seemed
intended more particularly for medica; experts. but
It passes to a general theory and conclusion. which
cover all experts.
The basis laid down Is that experts are paid 70
give the opinion which they do render under oath.
and paid TO impair or destroy the contrary
opinion, which antagonistic experts are likewise
paid TO render and d. end under OATH; that both
are harassed angered and confused by crcss-ex-
aminations into contradictions which make havoc
OF their credit" The remedy proposed is to have
"a list Of experts submitted to and nominal ted by
the Judge and propositions submitted and replies
obtained from them in writing by 4 commission,
and not in open court"
30 far as opinions actual or hypothetical
conditions Of medical case or any case on which
a simple conclusion from certain facts stated can
be given oifhand by expert concerned.
the remedy suggested may be practical: but
these are exceptional cases. The usual course OF
cases which require expert assistance Is such thar
the relations between the client. counsel and ex-
perts must be- from their very nature, confidential
and analytical; and to destroy this relation
at once destroys special value or expert
sSrN.Ce. just as tne COulSe, AFTER ne ia"
decided the ACCESSIBILITY of action. investigates
the character of the testimony which is to estab-
fish the basis OF the action. as 10 assemble and
digest the facts TO be presented In court, so th9
consulting expert must make the same cOnhdentlaI
analysis OF the evidence. and in many cases HIM
self indicates the line Of testimony available as
basis for his conclusions
No such service would be possible for experts de.
prived of this confidential relation to the plaintiff
the writer could specify case after case where the
Inc Of testimony itself has been Of necessity in
Tod n ma G tt
1hcrc Is also as many counsel and experts know
by abundant experience radical error in me
statement that properly educated and hgh,toned
experts can be hired to suppress or distort inten
tonally any scientific conclusion from the true facts
In the they stand CONCLUSIONS whicn
modify. attack defend they are bound TO present
In consultation. in wise anticipation OF cross-eXani
nation. for which trained men have a profound re-
spect 50 that being fully prepared for H. IL can Dc
met without any confusion. anger or retraetl9n
and 1t is quite common for item TO decline service
If preliminary examination shows defective case.
What such a lawyer Francis Herman said to
ce an occomnshrd enginecr when 90 into a
case give the other side credit for being as smart
coded all hgh-toned experts that II any inodiiy-
ing conditions presented to them on the VII
merit ana s sne T has has sSg in the writer's
perence in various cases on the defence ina; ,hsyy
have been won In advance by cross-eAaih''a"o" "a
or course. direct examination brings out the salt
emf ports the counsel wish 10 present; an e%lril-
enced expert also knows that In the hehds OF ne
sentsd on either side, and must make chniCaI
viii trus, for correction 10 come later " he Is wise
The corollary Is also evident An e1perJ Nm MN
ranctes his personal reputation VIII carry nun
through a badly studied case or ventures partisan
conclusions. IL likely 20 meet bad puar'er 81 az
hour" and INJURIES his client accordingy ana as
there are uRprincipled men In all professions 81
vice so severe and exacting us this may expose III
competent witnesses. ,,... ., nxts.e
a true remedy for what is complained OF exs,s
now and IS in quite common practice IN our coui
and Is gladly welcomed by experienced experts
fudge referee or commission can take the ehpsI'
from the counsel. pro and con; 20 corfec' q" ~
moi" what is requred He Is then free 10 re,
spond un:rammeled by rigid, technical ruIes, az,
becomes the court witness. More than one 49,
has felt the relief OF just this freedom ~ reSpOtsc
New York, Sept. S. 1898 SAMUEL NJ hAhoi'