Prior to the trial, Taylor, the chemist who was to give evidence as to the
presence of poison in the body, communicated with the papers, while
Herapath, one of the witnesses called for the defence, publicly accused
Taylor of incompetence.
So acrid were the statements of the scientific witnesses for the defence
at the trial that the judge commented in vigorous terms upon their
evidence as having been given with the object of obtaining an acquittal at
all costs. "It is indispensable," he said, "to the administration of
justice that a witness should not be turned into an advocate, nor an
advocate into a witness."
In another poisoning trial which took place three years later, the
chemical evidence brought forward by the defence resulted in the prisoner
being set free, after having been sentenced to death. In this case a
doctor named Smethurst was accused of poisoning a young woman named
Isabella Banks.
Dr. Taylor, who was the chief chemical witness called for the prosecution,
had found arsenic in material from the body, although he could not detect
any remaining in the tissues. On the other hand, Dr. B. W. Richardson, who
was called as a witness for the defence, stated that arsenic was a
cumulative poison, and that if it had been given for a long period, as
alleged, traces must inevitably have been present. Hence in his opinion
the absence of arsenic in the tissues was conclusive proof that death was
not the result of slow arsenical poisoning.
The medical evidence called by the defence, also left room for some doubt
as to whether death might not have been the result of dysentery, the
symptoms and appearance, it was alleged, being as consistent with that
cause as with arsenical poisoning.
The scientific witnesses for the defence did not succeed in convincing the
jury, but after sentence of death had been passed the judge forwarded the
papers to the Home Secretary, and advised that the opinion of an
independent scientific authority should be taken. Accordingly the whole of
the chemical and medical evidence was studied by Sir B. Brodie, whose
report was that there were six reasons which led to the conclusion that
Smethurst was guilty, and eight reasons which pointed in the opposite
direction; and that, therefore, the impression left upon his mind, was
that the proof of Smethurst's guilt was not absolutely convincing.
The Home Secretary, on receiving this statement of opinion from his
scientific referee, immediately granted a free pardon. In this case, but
for the conflict of scientific opinion upon the medical and chemical
evidence the prisoner would have been hanged.
Instances such as these might be largely multiplied, but the above are
sufficient to show that a scientific defence may succeed in breaking down
the scientific evidence brought by the prosecution in criminal cases; or,
failing that, may (as in the Maybrick case) help to bring about a
commutation of the sentence.
Public-domain text, read in full here on John Shaqi.
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