MEDICAL EXPERT EVIDENCE.


There is scarcely any position of more responsibility than that of
the medical expert in cases of alleged poisoning. Often he stands with
practically absolute power between society and the accused--the former
looking to him for the proof of the crime and for the protection which
discovery brings; the latter relying upon him for the vindication
of his innocence. How profound and complete, then, should be
his knowledge! how thorough his skill! how pure and spotless his
integrity! how unimpeachable his results! Yet recently the humiliating
spectacle has been repeatedly presented of expert swearing against
expert, until the question at issue was apparently degraded into one
of personal feeling or of professional reputation. So far has this
gone that both judicial and public opinion seems to be demanding
the abolition of expert testimony. The medical expert must, however,
remain an essential feature in our criminal procedures, partaking as
he does of the functions of the lawyer, inasmuch as he has, to some
extent, the right to argue before the jury, partaking also of the
judicial character in that it is his duty to express an opinion upon
evidence, but differing from both judge and advocate in that as a
witness he testifies to facts. Were the attempt made to do away with
his functions, there would be an end to just convictions in the class
of cases spoken of, because no one would be qualified to say whether
any given death had been produced by poison or by a natural cause.

In many matters that come under the notice of medical experts there is