The Leon reporter. (Leon, Iowa) 1887-1930, 1907-07-04
MEDICAL JURISPRUDENCE
Paper Read by A. P Olsen Before the Decatur County
Medical Society at Leon, Iowa, June 20, 1907.

~ sVWu9 OuuO 6V9 IOVGs
of his employment, minister of the
gospel or priest of any denomination,
shall be allowed in giving testimony, to
disclose any confidential communication
properly intrusted to him in his pro-
fessional capacity, and necessary and
proper to enable him to discharge the
functions of his Office according to the
usual course of practice or discipline.
Such prohibition shall not apply to
cases where the party in whose favor
the same is made valves the rights con-
ferred.'
The privilege, secured under the
Statute, may be waived by the patient,
and thereby permit his medical adviser
or attendant to disclose the communica-
ton. And If party makes himself a
witness he, it seems, cannot refuse on
cross-eXamination to testify as to COM
munications made to his medical adj
wiser, on the ground of privilege. In
this respect the law is the same whether
the privilege be in favor of patient or
against him.
AS to what extent the physician, or
patient, would be compelled to disclose
confidential communications the object
and purpose of which was criminal, is
not well settled and in some respects
may be regarded as still remaining a
doubtful question we'll worth serious
consideration.
In the enforcement of the criminal law
the service and testimony of the medical
expert becomes frequently of vast i'm
portance, not only to the State, but to
the defendant. The means, on the one
hand, by which the crime is committed,
often requires the skill of the physician
or surgeon to elucidate. Or, on the
other hand, his experience and training
as to the mental condition of the de-
PENDANT, from which the law can deter
mine his legal liability. 1t happens that
murder is sometimes committed by I'M
known hands, the body concealed, and
nothing remaining as evidence, but the
disappearance of the party in question,
coupled with other corroberative cir
cumstances, and the stains of blood
where the crime is believed to have
been committed. Therefore, blood
stains frequently affords important
evidence against the prisoner. Muir
derers frequently assert, when found
with suspicious red marks upon the
person or clothing, that it is due to the
presence of the blood of some domestic
animal or bird. To determine whether
such stains are the marks of human
blood or not, is therefore often the vital
question in trial for murder. Hence,
the testimony of the medical expert is
here needed in the "elucidation of
doubtful questions" 1t must necessar-
lily require skill in making the proper
chemical, microscopic and other tests
in order to determine the character of
the stains. One of the tests which has
been recognized by the courts in the
past, but now open to doubts of imper-
lection, is what is known as the
Guaiacum Test. DR.. John Day, of Gee
long, Australia, was the first to use this
test. Perhaps the process used would
be OF interest here. DR.. Tidy explains
the process as follows: "Wet the blood
stains with freshly prepared tincture of
guaiacum, and then add a small quantity
of ethereal solution of hydroxyl. To
prepare the tincture of guaiacum wash
the tears of guaiacum resin by shaking
up with little alcohol, and then dis
solve the pure unoxidized resin by shak-
ing up with a little fresh spirit. The
ethereal solution of hydroxyl is pre-
pared by mixing together with equal
parts of ether and hydroxyl. The ether
is not, however, necessary for the re-
action. If the stain be blood, char
acteristic blue tint will be produced"
Then follows instructions as. to certain
reactions.
Poison is another means by which
murder is frequently committed, and
again the testimony of the expert is
essential. A post norton must be held
for the purpose of determining the
presence of poison. There are variety
of crimes which are constantly COM
mitted throughout the country in which
the medical expert is an important wit
ness. Perhaps one of the most frequent
causes for the need of an expert in
courts of justice, is occasioned by the
plea OF insanity in criminal cases.
Insanity as classified in medical juris-
prudence are of four distinct varieties,
being ~ Amentia, ~ Mania, (3) Mono
mania, (4) Dementia. Under these heads
are given other forms of insanity and
| mental arrangement such as idiocy, i'm
becility, melancholia, moral mania,
kleptomania, pyromania, dipsomania,
homicidal mania, suicidal mania, and
puerperal insanity.
1t has been held that the evidence of
medical experts are admitted of ques-
tions of insanity, on the ground that
jurors are not deemed equally skilled
or as much skilled, and as able to decide
whether the alleged insanity existed, as
are such experts. The law holds that
there is more reliance to be placed upon
their opinions than the same testimony
given by other persons, and therefore