The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-26
NOVEL POINTS OF THE LAW.

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The United states Circuit Court Of
Appeals. Fourth Circuit. has reversed a
conviction of granddaughter in Perkins
vs.. United States because the trial JUS
;ice in charging the jury referred TO the
"undcservcd ,isrepute' into which ex-
pert evidence has fallen. and said
Nov. | charge you that expert tos.i-
mony has fallen into what / might term
In many respects an undcservcd disre-
putc.' You see in the papers jokes about
the experts. especially in cases OF in
sanity--so many come up on one side and
swear hc IS sanc 80 many come up on
the Other side and swear that he h. in
sane but ! charge you that expert tes-
timouy IL admissible by law. and i is
very valuable within proper limitations.
and that Is ihc expert testimony of a
maj who knows something from his own
experience. The experiences OF a raliro;ui
engineer who Iuus an engine. speaking
about what he dues, IL skilled testimony;
the test tnony Of an expert mining Gu
gincer. who goes many feet under
ground, as TO the best ways of mining
coal. Ia a further valuable adjunct to tes-
timony. but when n man calls himself an
expert and proceeds 10 speak eNportly
about matters not within his OWL kuowl-
edge and experience. then his testimony
lesirs to be of less value. when lie be-
gins 10 speak from books. what other
people have told him for that depends
upon what credlt those ot'er p"opl' were
entitled to. You nave "A risht' "h'n Il
man says he is an eNpert-he has done
so and So he is on the stand before the
jury-you have a right 10 c~ross-cAam.nc
him ~ TO what he ~tcstiies TO have done;
ami II he says that 4 myself gave fifteen
grains OF cnIorai 10 n man ana ne became
insane. no one can dispute ma, Una, ~
testimony OF very hlen char",'oi "u'
when He 'estnes from the oo'Ns. ehow-
ing the experiences OF announcer you ntNc
no way OF chechlHE hu'" oo'''N "''''o'
and what ne states Is ohiE' 50 10 S'E'
h"arsay testimony unless il ~ cor'"po-
rated by the witnesses own 'Npc'.'''e'
Irue expert ''s',Wo,s' o'scu up"" "I
lh''i'E'nt mans nle.ons ,Np.tre'"' 80
practice, gentlemen ! charse sou, - w..
,imohN IN cour' OF WI. Wv, Nv.
h!po'het'ca' or suIpos..louS sNr.''
mohN III "hl'h W" "suc ~,
cius'ofs' not ironn your omn
out SIMPLY from 'ne 'Npe.ieiNe ". 49,,
'narge you may ne VI tne WY 80
N.h"' u y JUST NHc ,''"".5''n."
'lino"N' '''uuls'"ut''i u'S,'""o"' "Ii
ne ''' strongest 'eS'l"lo"f ~ 49,
ne.duN' C'TSu''iS'ah''S '""'o,
vined You haNe -" en""sI go,
...tf.
ana II ma! be tne Ncl! 49,. -
mony IN tho worm. proVNe' ~ ~
not eot enough c'rcu''e,ances u, NJ Wv
or the wrong hind. tNp't' uS,''h"'N
may be very valuable II IL ~ nds'l W."
proper rou"u',.on9, ~ =, r,.:1 un,,
EaIue anu l's,l.c''ht u .,I ~
,ou''"',"'N 10 w ',. ,,h,i..
.et'' y, W "' "', So. 'a,,,fI ,,tc ,
'n', '"e".s 900 g., ,,s,,i,.
lll'hI'al b'' hAN' ''''
or'n.'" mo Wa i,su, ar b,u
WA nv .,.a,oi -.
""t'' 70" .aI e.
u N ,,s h,, nro-
80 - ,ha Ne, az , ,,nso,i,o
- ,r;,r ri,h vol,ov rover Tho
.,,'. ,a. ubor ,bev said d;nhthoria rro-
c..d.d from sewer c,ses. and now they
.ol, ,,o, 4, ia a dis.inr. infection. and
o,,r ,~ro,,cal ou,n.on varies and medical
books twenty years ago are now thrown
aside. and /, may be quite within the
IIImi, Of possibility that medical hooks
used to-day. twenty Years from now viii
be as useless ~ now are those ~ twenty
years ago. The question Is what the
reasonable Inference. when a large num-
Der OF the medical profession. In "A very
large number OF cases. say In an enor-
NOUS number or cases. ma! use 'nlorai.
because one physician used 1t perhalS
not knowing mis- patients PhsSN,u ~
dillon with different results 10 VIVA eN.
tent does that cas- uron th's de''n'"m
hete any presentation 'na' ne II mn
Tire Ari'.'"t '"rt 49, ~ 49,
Nersal on the ."'"" IL '
Prof. Wtgnniei
ITO deny! the '"mPt'e" U. ~ 49,
clan who does n"t KNOW MS '",'' IT,,
personal Observable. a'o'" ' r'J'.'
medical TESTIMONY amos '' r,.'a,,