The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Medical men are often called to give evidence as to dying declarations
where there is a charge of homicide, and where the cause of the death
of the declarant is the subject of the declaration. They should
remember that the declaration will not be admissible unless the
deceased was conscious of approaching death and made it under a sense
of his impending doom; any hope of recovery, however slight, renders
the declaration inadmissible; and the question turns rather upon the
expectation of death at the time of making the declaration than upon
the interval between it and the death [263].
An entry made by a medical man, in the course of his profession, is
admissible in evidence after his death, if it be against his interest;
and such an entry will be received as evidence of collateral and
independent matter, etc. When |106| the question was as to the age
of a child, the book of the accoucheur who attended the mother was
produced; it contained an entry as follows, “W. Fowden, Jun.’s, wife;
_Filius circa hor. 3 post merid. nat._ etc. W. Fowden, 1768, April 22.
_Filius natus_ wife, £1 6s. 1d.; Pd. 25 Oct. 1768.” The word “Paid”
was against the pecuniary interest of the accoucheur, so the entry was
admitted to prove the date of the birth [264].
In England the rule is thus laid down as to excluding experts from
the room during the examination of witnesses; “medical or other
professional witnesses, who are summoned to give scientific opinions
upon the circumstances of the case as established by other testimony,
will be permitted to remain in court until this particular class of
evidence commences, but then, like ordinary witnesses, they will have
to withdraw, and to come in one by one, so as to undergo a separate
examination.” A similar rule prevails in Scotland and in the United
States [265].
It would seem that the court has power to limit the number of experts
in any case [266].
Public-domain text, read in full here on John Shaqi.
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