The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
The rule as to excluding experts from the court room during the
examination of witnesses has been laid down, in England, thus: “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.” And in the United States the principle is
similarly stated [312].
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CHAPTER IX.
EXPERTS IN INSANITY CASES.
The opinion evidence of medical men in questions of insanity is not,
as a rule, looked upon with any very great degree of favor by the
courts who have to decide upon the competency, relevancy and weight
of the opinions uttered. Chapman, C.J., of Massachusetts, in charging
a jury said, “While they afford great aid in determining facts,
it often happens that experts can be found to testify to anything
however absurd” [313]. In another insanity case another Judge remarked,
“Experience has shown that opposite opinions of persons professing to
be experts may be obtained to any amount, and it often occurs that
not only many days but many weeks are consumed in cross-examinations
to test the skill and knowledge of such witnesses, and to test the
correctness of their opinions,” (this was the case to a great degree
in the well known Guiteau prosecution,) “thus wasting time and
wearying the patience of both Court and jury, perplexing, instead
of elucidating, the question involved in the issue” [314]. As to the
perplexing instead of elucidating, a writer of the highest authority
gives the following, “In a case of alleged child murder a medical
witness, being asked for a plain opinion of the cause of death, said,
that it was owing to ‘atelectasis and a general engorgement of the
pulmonary tissue’.” And in a trial for an assault a |122| surgeon,
in giving his evidence, informed the Court “that on examining the
prosecutor, he found him suffering from a severe contusion of the
integument under the left orbit, with great extravasation of blood and
ecchymosis in the surrounding cellular tissue, which was in a tumefied
state, and there was also considerable abrasion of the cuticle.” The
Judge said, “You mean, I suppose, that the man had a bad black eye.”
“Yes.” “Then why not say so at once” [315].
Public-domain text, read in full here on John Shaqi.
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