For instance, suppose a stain on the clothes of a person accused of murder
were examined by a chemist for the prosecution and found to consist of
blood. The fact would tell against the accused, even though the witness
(as in a recent case) could express no opinion whether it was human blood,
or the blood of an animal. Assuming in this hypothetical trial that the
blood stain was really due to rabbit's blood, another chemist representing
the prisoner might be acquainted with the comparatively recent
physiological methods of distinguishing between the blood of different
animals, and thus be able to prove the real nature of the blood stain and
break one of the links in the chain of evidence.
In most of the important criminal trials the scientific evidence is given
by more than one witness, and the possibility of mistake is thus greatly
reduced, but this is not invariably the rule.
Scientific criticism derived from a first-hand examination of the material
would be of much more value than the criticism of the statement of the
results, and might have considerable weight upon the conclusions of the
jury.
A defending counsel cross-examining a scientific witness is usually
dealing with an unfamiliar subject, and lacks the specialised knowledge
that would enable him to point out the weak points in the evidence.
When a wealthy person is on trial, however, the counsel has the advantage
of getting the best expert advice upon the scientific matters put forward
in evidence, and is thus able to lay stress on all that will help his
client, but a poor prisoner lacks this advantage, and therefore runs a
greater chance of being convicted.
An early trial in which the prisoner owed his acquittal to a conflict of
scientific evidence was that of Spencer Cowper, the grandfather of
Cowper, the poet, who was tried at the Hertford Assizes in 1699 for the
murder of a young gentlewoman named Sarah Stout.
With Cowper were also tried several of his friends, whose remarks having
been overheard had suggested that they were aware of what had happened to
the girl.
Cowper, who was a barrister, defended himself and incidentally his
companions. The story told by the prosecution was that at the previous
Assizes the prisoner had stayed for a night at the house of Mrs. Stout,
the mother of Sarah Stout. The servant-maid stated that she had been told
to prepare Mr. Cowper's bed, and that when she came downstairs again, it
then being about eleven o'clock in the evening, he had gone out,
presumably with Sarah Stout, who was never again seen alive. The next day
her dead body was found floating upon the river.
Public-domain text, read in full here on John Shaqi.
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