Lippincott's Magazine of Popular Literature and Science - Volume 11, No. 25, April, 1873 by Various
page 151 of 261 (57%)
page 151 of 261 (57%)
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who had given a lifetime of study to this particular subject. On the
trial of Madeleine Smith, Professor Christison--at that time the first toxicologist of England--stated that if in any case the symptoms and post-mortem appearances corresponded exactly with those caused by arsenic, he should be led to _suspect_ poisoning. Another source of mischief lies in the fact that the law does not recognize the well-established principles of forensic medicine, and consequently the books in which these principles are laid down by the highest authorities are excluded by the courts, while the _vivâ voce_ evidence of any medical man, however ignorant on such points, is admitted as that of an expert. It is therefore not to be wondered at that juries give but little consideration to the knowledge or professional standing of expert witnesses. It is, in fact, notorious that the medical autocrat of the village, who has superintended the entrance of the majority of the jurymen into this troublous world, is a more important witness than the most renowned special student of the branch: indeed, the chief value of the real expert often rests on his ability to influence the local physician.[14] At the late Wharton-Van Ness trial the defence desired to show that the work of the chemist employed by the prosecution was unreliable, because the analyses made by him in a previous case had "been condemned by the united voice of the whole scientific world." The court was not able to see the _relevancy_ of this, and refused to allow the professional ability or standing of an expert to be called in question. The witness thus adjudged competent brought no results into court; had kept no laboratory notes; relied solely on a memory so deficient that although he had been teaching for thirty-five years, he could not tell the shape of a crystal of tartar |
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