Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-10-28
CALLS TRIAL BY JURY
"OLD, WORKOUT FETISH
DIR. John T.. Graham Dismisses En-
pert Testimony Of Physicians
in Insanity Cases.
STATE CARE OF FEEBLE-MlNDED
DIR. Charles V. Darlington and j. 4.
White, of Richmond, Are Leading
Candidates for Presidency of Med
ical Society of Virginia.

Characterizing trial by jury as an
old. worn-out fetish" a mode OF melting
out justice between man and frpan that
has outlived its usefulness" DR.. John
r Graham. of Wythev!lic. former prcsi-
dent of the Southwest Medical Society.
said yesterday afternoon, addressing the
Medical Society ot Virginia in the
auditorium of the jefferson Hotel, that
it seems unreasonable that the iudg-
mcnt of n physician. testifying as an
expert on insanity, should be passed on
by a jury composed OF unframed and
nonprofessional minds.
DR.. Graham was reading n paper en-
titled Some Medico-Legal Observations
in Reference to Insanity" and. after
discussing in some detail the mental
condition necessary TO successful
plea of insanity and the reasons for
the antipathy of the physician to the
witness stand. he asserted that trial
by jury-judgmcnt passed on profess
sional knowledge by nonprofessional
minds-is the main reason for the
popular opposition to this plea as a
defense before the law
4 t->thAlNfD ~ MEN iaSS On
PROFESSIONAL kNOWLEDGE
The physician" said DR.. Graham,
must give special study and have spe-
cial preparation to be qualified to prac-
tice medicine, yet judgment is passed
on his professional knowledge by {,
jury of unframed and nouproicssional
minds. Trial by jury has outlived its
day Of usefulness. ana III many in
stances has become :, farce.
"A lawyer can no longer go into
court depending solely on the Justice
OF his case and his knowledge of the
law. nor can he rest secure in the pre-
ponderance of evidence for his claim,
but he must engage in eparring match
with the attorneys for the other side
in the selection of a jury. and &c is
accounted the best and most successful
lawyer who knows whom TO put on
and whom TO strike off the jury. And
yet this is all done in the name of
Justice"
Commenting on the antipathy OF the
doctor TO the witness stand. DR. Gra-
ham discussed two reasons why the
medical man is averse to appearing in
court as an expert witness namely, the
lack of proper training physicians have
impression i'm the public mind concern
ing these questions, especially true. he
said in regard To insanity.
COLLEGES GIVE DOCToRS
LITTLE LEGAL. TRAINING:
Examine the catalogues OF our medi-
cal colleges said the physician, "and
you will find a great disparity in the
number of hours given to the con-
sidcration OF medico-legal questions.
And yet nowhere is the physician
brought more prominently before the
public and nowhere does he so often
appear to poorer advantage than in the
witness chair. He more often brings
his profession into disrepute here than
in any other sphere of his profcssional
activities. and all because his knowl-
edge and training on these subjects are
inadequate. Men are graduated from
our medical colleges year after year
who have never seen Il lunatic. and
who have no real knowledge of the
abnormal states OF the mind--cXcept us
seen in the cccentricitics OF some mem
bers of the faculty or student body.
THE doctor who appears as a witness
before a jury should never take sides
He is witness for the truth as he sees
I don't know when his knowledge does
not admit of n positive answer. ] have
never yet seen a lawyer who can &c
beyond this simple statement; but woe
unto the witness who begins to specu-
late and theoriZe on any question or
which he has not positive Information
DEFER ACTION ONE YEAR
ON IMPORTANT CHANGE.
Whether or not the executive coun-
Gil. which for nearly a quarter Of q
century has had charge OF the business
of the society, will he superseded by n
house Of delegates, elected by tho coun-
ty societies. is still mooted question.
At meeting of the representatives OF
the county societies held yesterday af-
ternoon for the t':rcussion of the mat
ter, it was decided. on motion of DIR.
CONTINUED on Third Page.)