Lippincott's Magazine of Popular Literature and Science, Volume 11, No. 25, April, 1873Various
History
Lippincott's Magazine of Popular Literature and Science, Volume 11, No. 25, April, 1873
Various
Literature, Modern -- 19th century -- Periodicals; Science -- Periodicals
It is therefore not to be wondered at that juries give but little
consideration to the knowledge or professional standing of expert
witnesses. It is, in fact, notorious that the medical autocrat of the
village, who has superintended the entrance of the majority of the
jurymen into this troublous world, is a more important witness than
the most renowned special student of the branch: indeed, the chief
value of the real expert often rests on his ability to influence the
local physician.[14] At the late Wharton-Van Ness trial the defence
desired to show that the work of the chemist employed by the
prosecution was unreliable, because the analyses made by him in a
previous case had "been condemned by the united voice of the whole
scientific world." The court was not able to see the _relevancy_ of
this, and refused to allow the professional ability or standing of an
expert to be called in question. The witness thus adjudged competent
brought no results into court; had kept no laboratory notes; relied
solely on a memory so deficient that although he had been teaching for
thirty-five years, he could not tell the shape of a crystal of tartar
emetic, the poison in question; and upon the stand made a statement
different from one which he had furnished officially to the district
attorney of Baltimore fourteen months before.
There are principles of toxicology which ought to have legal force
and recognition, and ought to govern expert testimony in the same
way that the principles of evidence govern ordinary testimony.
Without presuming to enumerate these, I will cite two or three for
illustration. Certain substances, the so-called irritant poisons, such
as arsenic, tartar emetic and the like, induce their toxic effects
by causing irritation and inflammation of the alimentary canal. All
authorities agree that poisoning by these substances cannot be proved,
or even rendered, very probable, by symptoms alone--that chemical
evidence, the discovery of the poison in the food, dejections, or in
case of death the body, is absolutely essential for making out a case.
Irritation and inflammation of the alimentary canal occur so often
and so suddenly from natural causes, which are sometimes apparent, but
often hidden, that no especial weight can be attached to them.
In the case of the so-called neurotic poisons, those which act upon
the nervous system, the symptoms are so closely simulated by natural
disease that even when they agree in the most absolute manner with
those usually developed by any such poison they only render poisoning
highly probable, not certain.[15] When in any case the symptoms
diverge from the typical array, poisoning becomes improbable just in
proportion to the amount of divergence.
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