Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
As attendance is more burthensome on a professional man than on others,
so also it is more frequently called for; men in general can only be
summoned as witnesses when they have, or are reasonably supposed to
have, cognisance of the particular facts in question; and he may
therefore deem himself peculiarly unfortunate or imprudent, who is often
present at such scenes as give rise to criminal investigation; but the
medical practitioner, in addition to his liability of being called in
for his assistance, and so becoming acquainted with facts, may also be
summoned on matters of opinion; those therefore who stand highest in
public estimation as men of science and research, will be most
frequently burthened with the execution of painful and unprofitable
duties; we do not believe that they will shrink from the performance of
them when necessary, but we may express a hope that they may be rendered
as little burthensome as their nature will allow.
Great difficulties must always arise in the examination of a medical or
chemical witness, where the examining party is uninformed or at least
very partially acquainted with the science in question; for it is next
to impossible for Counsel so to frame their examination of a scientific
witness, as to elicit the whole truth unless they are, by previously
acquired knowledge, acquainted with the bearings of each answer upon the
case which they are maintaining; and though there are a few instances of
persons of such superior talent, that they can collect from the mere
information of their briefs, so much knowledge as will enable them to
perform this duty, with credit to themselves and satisfaction to their
clients and the public; yet such instances are rare, and even those most
gifted will admit that there is a most material difference between
examining a witness on matters of fact of which all persons who have
applied themselves to the laws and nature of evidence may be competent
judges, and the examination of abstract opinions, and speculations of
philosophy or physics, where the examiner can as little follow the
reasoning of a witness as if he spoke some foreign and unknown language.
For it is impossible within the compass of any ordinary _viva voce_
examination to elicit all the points on which explanation may be
necessary, or to remove all the doubts which may give occasion to future
controversy; hence questions of this kind are seldom determined at the
first hearing, but are repeatedly brought before the Courts in the form
of new trials; the cases of _Severn, King & Co._ against several Fire
Insurances Offices, which in part suggested the undertaking of the
present work, may serve as an elucidation of this point. The causes were
conducted by professional men of the first eminence, the Judge who
presided well known for his love of science, and from having attained
more knowledge in several branches of natural philosophy, than can
usually be acquired by those whose time is engrossed by severer studies;
Public-domain text, read in full here on John Shaqi.
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