Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-05-09
HIGHER STANDARD
N PROFESSION
Attorney F. Z. Wood iii Schol.
arly Paper on Expert Tes-
timony" Declares for Re-
form of Abuses in Legal
Profession.

A. ih' JcHuiar meeting uf The Her
naliiip iiar association at Tho Com
u"iciul club rooms lnst nighi. Attor
urt Francis T.. Wood presented Il
thoughtful paper upon. Tn. ENpofi
Wines ~ Use 1nd Abuse" Tho
pap', wuH rond at length. and there
MON .ollo"od general discussion ol
l.r uh.rei lt he members. Several
member. ol the medical profession.
aho we're present 10y invitation. tool.
pHu 100 The discussion After several
matters ol yuuliuo business wer
transacted tho meeting was adjourn.
rd. 4 short tnupsis OF he paper
follow
The paper. after acknowledging the
general opinion concerning the expert
witness ana who h. is went ON to
give shurl history of tho use of this
factor ~ litigation
Expert witnesses were In use a.
early as 1868. ~ experts being near
is all physicians at that time Two
hundred wears later. however. IN 1898.
Mr. Justice saunders said IA the case
Of Bncldc> W Thomas. in he English
reports m matters arise ia our Law
which concern other sciences on fac.
ulties. We commonly apply Tor the and
OF that science or faculty which g.
concerns In 1908 Lord Holt in go
opinion ~ The case of Butler Us Grips.
stated lie TOOK occasion tu spcalt
with two 81 the most famous mcrch.
ants OF London 10 he informed al me
mighty III consequences thai II was
pretended would ensuc from follow
mo Ia tgtttut Thfa al
ment showed that expert Witnesses
were then In use h., the courts OF
England First. however 10 seemed
that the use az the expert testimony
was ior the court alone. nor for the
jury. bat in 1853. In one at the famous
wi'chcralt cases bury trial &, is
trciied that Dr Thomas Browne. q
person of great knowledge after
viewing the accused was desired to
give hl- opinion, and hc testified that
he was CLEARLY of the opinion that tho
person was hewitched Subsequent
cases show that Il was In common nee
la the courts of England. and IL was
also feature of the Roman law
In the earl' days experts as well as
other witnesses wcr. disintcrcstcd
persons. and no person having IA
rect or financial interest in the result
% suit could testify therein This
.ule has largely been removed hy
statute, but al the same time the law
irowns on the preiudicing of witness.
rs. SO that an agreement ia compen.
safe witness lor time lost In addi-
ton to his regular witness fee IS not
enforced in any court
Witnesses Wer. compensated not
by way OF wages or pmlumcuts. bat
hy The payment OF their expenses IN
going. staying and returning IN the
course of an attendance at court
Thus Juror held as witness can
not receive double recomprnsc for ne
iwO duties. That Is. hc cannot bee
paid as Il witness while la attendance
b. a juror nor vice versa
The position ot witness or a iuror
recording Ia the thought brought ont
IN the address was that n early |
ines. when men settled their dis |
Dutcs hy the sword. il was he duty ~ |
al 20 rally 10 the support OF their |
ord ana kinsman in defense of his |
luarrci II Is now. in modern day,
ho prevailing substitute that each |
should contribute ol his time and hi |
earning IN the iurthcrancc of the ul. |
innate effort that right and Justice \
mould peacefully prevail among ali |
members OF the common society
In the very nature of their practice
ihy siclans, as wei as being the first
Npert witnesses, became also the
most commonly used, and extensive
rails upon their time and learning
lade II appear that some exceptions
hould be made In their case. and tho
ustom therefore grew M of litigants
Employing and paying experts who
iould testify In their case. The Hi
am would naturally only search for
nj employ an expert whose opinion
oincidod with his needs, and as all
len are more or less venal, the temp.
alton 20 conform ones opinion 10 the
eeds OF the case Is very great
The result Of this has boon that IN
lmoSt every case of importance
there expert testimony H. required
h. plaintiffs have been able 20 pu-
onward an imposing array of experts |
ach with high station. many honors
nj tiles. 10 sustain his cause. while
he defense can do likewise and dis.
ate every point This has led courts
nj iuries 90 belittle and ignore all
Nperts and 10 decide the eases with.
40 reference no their evidence
The faults 80 be- remedicd have |
cen summed up in n report of The
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