Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
A medical man may be called as a _common witness_, or as an _expert_
witness. In the _first_ case, he has only to state, as any other
witness might do, the facts that have fallen under his observation; in
the _second_, he has to interpret the facts he has himself observed, or
to give his opinion on facts noticed by others. In stating his opinion,
a medical witness must be prepared to back up his opinion by such
reasons as may be satisfactory to the understanding of his hearers,
“and this is the principal qualification of a medical witness, that
he make himself _intelligible to ordinary comprehensions_.” No man is
bound to give any testimony by which he may render himself liable to
any criminal prosecution. (See the ruling of Bailie, J., in the case of
Mr. George Patmore, tried for the murder of John Scott in a duel.)
At the trial, the witness is first examined by the party who calls him:
this is the examination-in-chief. He is then cross-examined by the
opposite party; and, lastly, re-examined by the former party, when he
is offered the privilege of explaining any discrepancies between his
examination-in-chief and cross-examination, but he must not introduce
any new matter, for by so doing he renders himself liable to be
cross-examined on it.
=The Use of Notes.=--All notes should contain a plain statement of the
facts, and, to render them admissible as evidence, they must be taken
_at the time_, and duly attested. From the notes prepared as before
mentioned a witness may refresh his memory, but they are not accepted
in its place. A witness may not read his notes as evidence, nor may
he refresh his memory by documents not his own and not produced, but
he may refresh his memory by looking at a document received from the
accused at the time of the offence, and kept by him (Geo. Wilson, jun.,
Aberdeen, May 1, 1861; 4 Irv. 42).
=The Use of Books.=--No witness is allowed to quote from books, or
to quote the opinion of other medical men on the subject, but he
may refer to facts. Sir Henry Littlejohn, in his papers on Medical
Jurisprudence,[2] gives some useful hints on this subject. It appears
that a medical witness, in an unguarded moment, stated that his opinion
was corroborated by a distinguished member of the medical profession
not engaged on the trial. The judge informed the witness that it was
most irregular to have other medical men present at the dissection than
those mentioned in the warrant, and that, if the witness did not feel
qualified for conducting such dissections, he had better resign the
post of medical inspector.
[2] _Edinburgh Medical Journal_, February 1876.
Public-domain text, read in full here on John Shaqi.
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