The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-06-19
DR.. ILL ATTACKS
USE Of MEDICAL
EXPERT At TRIALS
Newark Physician Declares Such
Testimony Is Mere Paid Ex-
preston of Opinion.
AND THAT MAY BE
FALSEHOOD, HE SAYS
Declares Public Know That Ex-
pert Before Court Is a
"Pnrchasable Article"
Especial to the Evening star.1

CAPE MAY, June 19.-In an address
to the 142d annual convention of the
New Jersey Medical Society today DR..
Edward j. Ill, of 1902 Broad street,
Newark, president of the society, Sc
Verely criticised what Is termed expert
testimony" given by doctors at
criminal and civil trials.
1t was considered a most important
arraignment of a practise which has
been under popular suspicion.
DR.. III said the ordinary witness states
a fact, but the expert expresses an
opinion, and his testimony should there
fore be called opinion testimony and
if this were done it would take away
much of the apparent greatness of the
expert" DR.. III said further:
THE ordinary witness, who is con-
victed of not having spoken the truth,
is punished by law. The expert cannot
be prosecuted for having expressed an
opinion, though it may be a f~alsehood,
and is commonly contradictory to that
OF another expert"
After ~remarking hat the public, as
a whole, know little of the work, the
high aims and the meaning of etiquette
in The mcdioa! profession, but the peo-
Ile did kucW that the whole aim of the
ehorts OF the profession is In behalf of
suffering mankind and the prevention
u disease, and that the people gen.
elally believe doctors are humane men,
In. III said:
But they also know that the testi-
rlony of the medical expert before a
court of law Is a ~purchasable article,
bought and sold for dollars and cents.
The court and the jury know this like
wise and the fact is bewildering to the
people. They furthermore know that
such experts are anxious that their
side shall win, whether the defendant
is innocent or not, for their reputation
as experts is at stake. The people hold
us up as objects of derision and ridicule,
for all must suffer for the sins of the
few. They know that in the minds of
an intelligent court and jury our opin-
ion carries not the slightest weight.
Number Gagged by Purse.
"They also know that the defendant
can receive the services of as many
doctors as his bank account will per-
NIT, provided the opposition has not
already secured their services. He Is
the most-sought-for expert who has the
gift of speech and ready wit to i'm
press the jury, not he of the greatest
knowledge, nor he of honest Intentions.
Those of us who go to court as hon.
est men, and l know many of them, are
discredited because of what has become
a pernicious system"
DR.. I'll quoted Clark Bell, LII. D.,
who cited the Thaw case as evil
dence of the degradation to which ex-
pert testimony has sunk, and who
said. 1T is a blistering shame to the
medical profession now that no i'm
portant case of homicidal insanity Is
tried where the four or six witnesses
on the one side are not balanced by a
like number on the other side" Judge
Bell further said: 'In the mind of the
great public it is fast becoming to be
universally accepted as a fact that the
paid medical expert swears for the side
that engages and c~ompensates him."
DR.. III said that prominent jurists are
all in favor of a change in the medical
expert system, and said Justice CARR
son, of the New Jersey Supreme Court,
I, spoke of the 'intolerable conditions
that attend exhibitions of professional
expertism.' Judge Cowing, of New
York, was quoted as saying: Paid ex-
perts are partisan" Other Judges, be-
sides medical journals, were quoted,
some favoring the fixing of the COM
pensation of medical experts by the
court, more advocating the appoint
ment by the court of special boards
to produce medical experts to give tes-
timony, as is the practise in some
European countries.
DIR. III said in closing his address:
1.-The chance of obtaining ar early
change in the method of securing ex-
pert testimony in the State is not great,
unless we AXE the matter in hand as
n society. We ave nothing to hope
for from the courts. They are impotent
in the matter. We have nothing to
hope for from the bar, for it is taking
an important prerogative from the
lawyers, by which they are able to
mislead the jury, or at least weaken
the argument of their opponents we
have little to hope for from the Leg1s-
lature, because our influence is almost
nil as compared to that which the bar
eXerts.
Matter of SeIf-DefeDse.
I'VE must act in self-defense. I beg
OF you to consider this matter carefully,
and at another time / hope you VIII see
your way clear to add a paragraph 10
your code of ethics, or your bylaws, as
you see fit. prohibiting n member in
good standing in this society from
giving expert testimony, unless ap-
nointed or for ,ed to do so by the court
which testimony it shall be understood
shall be entirely impartial, but subject
70 cross-examination.
DIR. III ais called attention to the in
crease in New Jersey of the morphine
and cocaine habit, and said: MOT In
frequently a physician is to blame.
Morphine or cocaine hould never be
prescribed, but handed out 10 tne
natient in such doses as his present
needs require. An exception TO this are
the incurable and painful malignant
diseases
DR.. III advised that the society en-
nlov a legal adviser for the protection
of its members in cases mat may oe
- - bIoclEruail