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Within the last few days the very unedifying, and latterly too Areqnent ■peotaole has been witnessed at one of our Courts of Justiee, of several medical aen, two of them the principal witnesses in the osae, stating an opinion concern* ing the death of » woman said to have been murdered by her husband ; and of an equal number of other medieal gentlemen, equal in social and professional respect- ability, bringing forward a theory totally conflicting. Were these eight gentlemen members of rival sdiools — disciples of Stahl Hofiinann, Hahnemann or Prisniti on the one hand; or of Gullen on the other — a key might be found to unlock the mystery, but 'tis not so— all disoiides of th« nme school — all deriving their information from the same sources probably — ail haiviag Of^rtanities of verifyii^ at rectifying any [Hreoonceived views, varied and •ztensive. One, the doyen, of the profession in Montreal; four, professors in tiro respectable and fi-iendly schools; one, physician to one of our largest hospitals, •oot'her, house surgeon to the same ; and one, the writer, bearing no higher title than that of a medical practitioner. The whole thinking public has become a talking public, and remarks, not at all complimentary to the disciides of Esoulqwu, have been freely indulged in. The members of a profession hitherto always treaited with respect in investiga- tions requiring their aid, have been censured for having mystified what was plain, and medical evidence generally, such as is forthcoming upon simOar occasions; sugmatized by the presiding judge, as having obtained such proportions as to have become here, as in England, a nuisance to whieh it was high time to put a stop. Tb» fitUowing is a report o£ the Mse. OoiraT or Qnmi'a Bixob. — Hoir. Justmi Atlwiit, Pkisidiro. Fbioat, Jan. 13th 1860. The Ooir ned at 10 o'clock. A mixed Jnry was sworn in the case of James Oennell t' A cliarged with having, on tlie 24th of May last, in this Oitjr, murdered IOm wif., Bte.^ Nolan. Mr. Joiuison, Q.O., conducted the proseentlon : Mr. Devlin, with Mr. Morin, for the deftnce. Mr. Johnson opened the case, by narrating briefly the circamstances to the jury. The trst witness examined was, Jamu JBrennan.— Lived in the same house with the prisoner, in Wellington Street. Knew the deceased. On Monday evening he smashed ali the delf and was arrested shortly afterwards, tliere was nothing but qtMrrelling from that until the day she died. During that interval I often had to come down out of my room at night to save her, having beard ber eries of murder. I saw him kicking her about the shins and thighs and also saw him catch her between the breast and stomach, and twist her by the flesh and then punch her with hts fist about the body. This was about two or three days i 57900 •#■ ky 9 Di. HnrotrroH ov mbdioal ktidknok. kafon h«r dMth. A rwj short tiiM befora her death, ih* eame to my room for pro- teeUon, he wanted to drag her down etAin, my wift then eame between the two. The prisoner struok at deoeaaed with an aie handle ; my wife ran between tLam and re- eeired the blow on her ihonlder. [The aze handle wae here produced and identified.] This occurred three or four days before her death, and they continued to quarrel up to the time of her death. About 6 o'clock upon the erening the died, I heard a noiie in the priioner'i apartments ; and heard his Toice in a high tone. Shortly after this my wUb went down stairs ; she immediately came np in haste, and I heard a footstep after. U was the prisoner ; he wanted her to come down stairs, she said she would not as he would murder her as he had done his wife. I left the house and had the prisoner arrested in his own room. Deceased was then in bed in her own room. I went orer to the decease^ Md spoke to her, but I eould not understand her answers ; at that time there was a kind of froth in her mouth. I immediately sent her son for a medical man, who arrired about half an huur after. The prisoner and his wife quarrelled orer a dosen of times to my knowledge, within six or eight days of her death about money which she had in the bank in her own name : Cross-examined by Mr. DeTlin. — I smelt liquor on the deeeaaed about fire days before her death. During the quarrels I hare often seen tlie deceased in a helpless state, but I cannot aay if it was from intoxication or from the uaage ahe receired. Her speech was always plain, not like a person the worse of liquor. Mary Bretman, wifb of the prerious witness examined.— Had remonstrated with the prisoner about ill-treating his wife, when he replied be could not help beating her unless he would kill her : she then remarked if he pursued this course it would be all the worse Ibr him, when he said he did not care a d-^n, as he would as soon suflbr as Htc in the way he did. One night the deceased came up to witness's room for protection. Priso- ner came up stairs and broke the door ; and in a furious manner called for liis wife. The prisoner then went down. During that night witness heard faint cries from deceased and also heard prisoner make a noise, and swear frightful oaths. Went down to pri- soner's room afterwards, and saw the prisoner stooping orer his wife, twisting her by the breast. Deceased said in a weak roice, " James, darling, don't kill me." He then said that if she did not leare that, (alluding to her bed) when he came again that he would either kill her or take a rerolrer and blow her into h— II or into the elements. JBt- (wseii tix and teven tf clock, on the nming of tkt 24 Cro$$.namiiud~-Th» deceaaed waa inaenaible on the evening of her death f^om the laat time the priaoner abuaed her. She waa apeeohleaa firom about five o'clock till the hour ahe died ; all iht amid do wo* to makt rign*. She died, I think, between eight and nine o'clock. Cathtrine Donovan examined.— When the priaoner waa drunk he would atrike the de- eeaaed. I think I aaw the priaoner atrike deceaaed with a whip and with hia hand, about a week before her death. He once itruck at her with the whip and I reeeired the blow on the ahouider.—- (Identiflea whip, which, witneaa aaid, bad once a piece of lead on the butt end.) I auppoae it waa with the beating that the ilead came off. About a week before her death the deceaaed waa lying on tlie ioor of her room, and priaoner beat her. (To a Juror— She waa not aober at the time.) On the day in queation I aaw the decea- aed drink beer, aa well aa aome whiaky or gin. The priaoner bimaelf waa intoxicatud. Cr9$»-txamitud. — Deceaaed waa in the habit of drinking often for four weeka before her death. I bare aeen her take half a tumbler at a time, either of whiaky or gin. I hare aeen her fall out of the bed more than once. From the iTth of March till the time I left the houae, ahe drank all the time, with the exception of two weeka. I hare brought liquor to her in bed— wine, whiaky and beer. The deeeaaed Ibll diffsrent timea when her huaband waa not preaent. Upon one oecaalon after the deceaaed fell I aaw blood come fW>m her nose. tr. Hiitgiton, txamimd.— On the 23rd of May, I waa called upon, in the erening, about 8 o'clock, to riait the priaoner'a houae. I found the deceaaed auflbring fh>m iqjuriea ahe had reeeired. She waa lying on her aide— her back towarda me. I aaked her to turn orer, the aeemed firom pain nnable to do ao. The priaoner waa not there at the time. My riait waa abort; it waa occupied in hearing her atotomenta. She did not turn. She appeared to be partially under the influence of liquor, and auibring much from other causea. I prescribed a doae of opium. I aaw the woman about the aame hour next erening. She i( 1 M ) I tfH. HIMASTCX OK MEDICAL XVIDIKOB. WM !■ • dying itot*. She died about aim o'oloek. I wm prtMst wben ibe ditd. iki wa$ quitt MiMitfa /V-em tkt timt I *nttnd tk$ kouu iUl ikt dM^ thomgk mimU* t» trtimUtt diiHnetlf. Belbra the died I mw seTerml iMrlw of riolenee Mboet the heed, they were eontuetoni or braieet, and abraalou of the bMh, They nrait have been pro« 4aoed by eitemal violenee. On the following day at abont 3, p.m., I made a poet>mortem examinatioa of the body la eo^Jnnotfcm with Dr. R. P. Howard. The body lay in bed in the lame room and in the lame poiitlon in which I had left it on the prtTioue evening. It appeared rcry mach evaeiated, pale, and ill-eonditioned. The marke of violenee were nnneroui— very nmeront ; bat the following recent onei were noted : A bmiie in the centre of forehead ; another higher up ; one over right eye ; one over each ear (that over the right being ■everal inchei in area) ; an abrasion on the right side of the larynx ; an ecchymoiii of npper end of breast bone ; an abrasion of considerable extent over right shoulder ; three brnises of right side of chest near the mamma ; four of left arm ; three of right thigh ; ■a abrasion of left knee ; another of left leg. In addition to these there were numerous eeehymoaes of longer date on different parts of the body, they were too numtrotu to etmnl. Some were less recent than those enamerated, others were fast fading into ||6alth ; there was more skin discoloured than in its natural state. Beneath the scalp extensive eirusions of blood were found corresponding to the inja- ries over forehead, right eyebrow, and both ears ; that of right ear extending over nearly whole of right side of head. The tnemftranef of the 6ra"> A* 4«ltaM woold hKTt « rigkt to brto( op Iwmly oc tUiij wItoMMt it U UIm4. It «f oeased daring her lift time aad performed the examination of her bodj after death. The* the eridence of another medical gaatleraaa who bad tha next best opportnaitj, namelf, that of being present at aad assisting at that examlnatton. Then (^ two other gentle« men who being here present la court aad baring beard tha whole of tha eridenoe, ear* roborating the eridenoe of the two priaelpal medioal witnesses, and agreeiag with them ia the opiolon that death was caused bjr external riolenoe. But then a most extraordiaarx line of defcnoe is set up by prisoner's counsel, (whose duty It is to do all In his power for bis client,) that deceased did not die of the ii^aries she reoeired (one says they did not hurt her), but that she died in the ordinary oourse of nature, aad that the disease which carried her otf was apoplexy, and four medical men are brought here in support of that position. The counsel for the crown has well told you that no where but in England is such latitude allowed to prisoners counsel, as to summon any number of scientifio witnesses, knowing nothing of the case, to giro an opinion. It has there grown Into an abuse, for no cue, howerer tririal, can be there disposed of, without a host of aspi- rants for fame mihlng to the court to throw doubts upon erery thing. It has there grown into an abuse ; it is becoming a nuinanoe here to which it is high time to put a stop. I shall not dwell upon the eridence of the four medical men for the defence, for throe of them were, as you obserre, compelled to admit that death must hare been accelerated by the ill treatment. All except one. Dr. Orslk, who says it did her no harm inasmuch as she was accustomed to it. Oontlemen, this is a point upon which you are as capable of Judging as any medical man, and your common sense must be your guide. It is much to be regretted that medical science has not attained a greater degree of precision, than, Judging by the exhibitions of its rotaries latterly in criminal courts, it seems to hare attained, where technicalities and sophisms are indulged in to the exclu- sion, seemingly, of common sense, and where medical men so widely differ upon pointa where non professional persons would hare no difficulty in arriring at some conclusion. Medicnl eridence of a proper character is of the highest ralue, and being of such ralue, its legitimate limits should be well defined ; and medical men prerented fVom becoming the alrocate of the prisoner : and if courts of law do not censure the unjust interferenca with the purity of medical eridence, the results to society would be terrible. The Jury returned a rerdict of " Guilty of Manslaughter," and prisoner was sentenced to 10 years imprisonment in the Penitentiary. The evidenee of the medioal men for the defence, is perhaps, the best eom- ment that could be offered, and the only comment which (considering the dis- tance which separates some of them in profesBional experience and reputation firom the writer,) prudence would suggest. Yet as no remark of mine will b« penned in a spirit of harshness, ill-nature or disrespect, I may be permitted to follow some of the more remarkable statements to their legitimate oonolueioD. . ML mroirov ok midioal ■riDBroi. or ■t id >n •t of it u- ta n. M id Qiuititm. Ton hare hetrd th* eridnieo in thii otM 7 Aiuw«r. A portion of it Quet. What in your opinion wu the onoM of dcnth t An$. Apopleiy. Quet. Why do yon uy »popl«iy ? Ant. BeoftOM Uie woman wu anoonMiona — anoonadonneii b ■ lign of npo- pl«xy— therefore 'twu apoplexy. (The medioal man who aaw deoeaaed daring her lifetime waa plaoad in the box, and awore that ahe waa perfeetly aenaible,) Qua, What ia your opinio* now ? Aiu, Apoplexy. Qutt. What I notwithatanding eonaoionaneaa, atill msy apoplexy ? An$. There waa fh>thing »t the nontli. Frothing at the month with othey i^mptoma ia a aign of apoplexy, tlierefiire 'twaa apoplexy. Que$. Would yon, had you been at her bed-aide an hosr beibre death, haift iMogniaed apoplexy, had it exiated ? Ant. Oertainly. But atUl thought that death waa eanaed by iqpoplexy. Surely the air of the Oonrt House, and the preaenee of ao many limba of the law, mnat have had a singular effeot upon my friend Dr. Hall, in leading him to adroeate a theory, even after the faeta upon whieh he had predicated hia hy* pothesis, were found (and admitted) to be erroneous. Another teitneu. Quei, Do you consider yourself competent to give an opinion aa to ihe cause of death of deceased ? Aru. I do. (emphatically.) Qhm. To what would you attribute death 7 Am. To apoplexy, (very emphatically.) Que$. But would not the violence ahe received at the banda of her hnaband have caused apoplexy ? Atu. Cannot say that it would, (more emphatically.) Que$. Would that violence have done her any harm 7 Am, She was accustomed to being pounded. And aooustomed as ahe waa I do not think it would have done her any harm, (more jmphatically.) ^ef. But she was pregnant. Ant. That makes no difference, (still more emphatioally.) Qua. Would it have done her any good ? Ant. No, I can't say it would have done her much good, (somewhat leu em- phatically.) The medical reader will perceive that there are more things between heaven and earth than are even dreamt of in philosophy. As a child of the soil I should be proud to see any great truth first promulgated in Canada, and as Dr. Craik, (whose abilities no one will question,) has announced the startling fact, (fact it must be, since it was sworn to) that persons receiving fVequent beatings are un- injured by them, I should auggest to him, temporarily to martyrise himself to '/ 10 DS. mNQSTON ON MEDICAL EVIDENCE. science, by submitting to a thrice daily, or houriy flagellation or pounding, in order to ascertain what number of bruises a man may bear (being duly accustomed to them) without their " doing him any harm." There could be found many of James Connell's stamp to attend to the details. Perhaps some future Don Quixote may arise, who, having accustomed himself to knocks, and therefore proof against them, would efface the stain on the scutcheon of his great prototype, and overcome the windmill. Another medical witness. Quet. Have you heard the evidence of Drs. Hingston and Howard ? ./ln«. No, but I have read it in the morning papers (I) Ques. What in your opinion was the cause of death ? Ans. Looking at it with an experienced eye, and not perceiving sufScient in- juries, externally and internally to account for death, and taking into considera- tion the predisposition to apoplexy, and the intemperate habits of deceased, (not proven,) T am of opinion, an opinion based on the experience of years, that death was caused by apoplexy. Ques, But Dr. there was no proof, no evidence of apoplexy in the dead body ? Ans, Very true, hut it was that form of apoplexy which leaves no trace, the " apoplexie foudroyante " of the French writers, or congestive apoplexy. * Ques, What about the opium given deceased ? — That was decidedly wrong in a person predisposed to apoplexy. AVhy say congestive apoplexy ? — Because there was no evidence as to cause of death. — But what about the ecchymoses in the arachnoid, corresponding to the coup and contre coup ? — Mere ecchy- moses or exudation as in apoplexy, not a hemorrhage from ruptured vessels as from violence, for no ruptured vessel was found. Never till now did I fully recognize the important truth once revealed to ns by that dear departed Sarah Gubbins ; " The longer we lives the more we knows." To continue — "No medical man acquainted with physiology and pathology, and having respect for himself or the profession, could say that death was caused by violence." But medical men had said that death was caused by violence. Then they must be ignorant of the modern researches of Physio- logy and Pathology. But men, bold enough, too, to claim an acquaintance with physiology and pathology, had said &c., ergo, they must have no respect either for themselves or for the profession. " Opium will induce apoplexy in a person predisposed to it." The predispo- sition to apoplexy evidently existed, since the attack came on upon the following day (though at what hour, of what duration, or of what form, none but the medical men for the defence could say.) What could have induced the attack ? Oh fatal poppy juice ! thou hast done that which a fiend in human shape armed with an axe-handle had failed to do. It was thou who sapped life — cheated society of one who had become tolerant of, and proof against, all future injuries, • The Dr. will permit me to observe that he is particularly unfortunate in his selec- tion. I have searched all the French authors within reach, for an apoplexie foudroyant* which leaves no trace, but there is as little trace of such a statement in the* works oour* •ulted, av there was of apoplexy withiu tbo oranium of deceased, DR. HING8T0K ON MEDICAL EVIDENCE. 11 by pounding, and the dummer junge who prescribed thee, and not the prisoner — the culprit ! Where is the " respect for the profession," and charity for the members of it now ? I well know that Dr. Nelson, whose goodness of heart I have long rated fully as high as his discretion, and for the possession of which I respect and esteem him, scarcely contemplated saying what he has said ; nor do I believe that he seriously intended to deliver a judgment ex cathedra upon the opinions of others, as little likely as himself to lag behind " the modern researches in Physiology and Pathology." And yet the tendency of his observations is to usurp such a position, though it may be without his having fully perceived it. With the substance of the evidence of the fourth medical witness. Dr. Peltier, I cannot find fault. He predicated his hypothesis upon the meagre statement made before the Coroner — a statement drawn up in the language of the Coroner's Clerk — and not upon the evidence of Dr. Howard and myself in the witness box; (where circumstances were more fully brought out,) and was wrong in 80 doing. But upon the imperfect data afforded, he advanced an opinion, with caution and modesty. He was consistent throughout, not the least con- sistent portion of his testimony being that he necessarily knew less about the case than those from whom he differed. And now as to the external violence, which, according to the medical gentlemen for the defence, did not cause death, (though three of them admit that it accelerated it I) it was such as I had never before witnessed — and as Dr. Howard described as " black and blue all over" — such as the Coroner and Clerk had never seen — such as to shock and sicken the majority of the jury, many of them doubtless not unused to seeing bruises — and such as to defy any attempt at description — less skin being in its natural colour than discoloured. Yet as none of the contusions were, singly, mortal, they were said not to have caused death. Apropos — I shall quote from Taylor, the highest authority in legal medicine : " There is no medical doubt that a person may die from what is termed shock, without any marks of severe injury being discovered," ••••••••••••• "A medical witness must give his evidence with caution in such cases since it is the custom to rely in the defence upon the absence of any visible mortal wound to account for death — a principle which, if once unrestrictedly admitted as correct would leave a large number of deaths, undoubtedly occurring from violence, wholly unexplained." • • • • p. 211. A person may have received many injuries as by blows or stripes, not one of which, taken alone could in medical language, bo termed mortal, and yet he may die directly or very soon afterwards. Death is commonly referred to exhaustion, but this is only another mode of expression ; the exhaustion is itself dependent on a fatal influ- ence or impression produced on the nervous system."— /6 id. •••••••• " It is a well ascertained fact, that a multiplicity of injuries eaoh comparatively slight, — are as capable of opcratiug fatally as any single wound. •♦••••• p. 212. " From these considerations, it is obviously absurd to oxpect — that in every case of death from violence or raal-treatment there must bo some*specitio and well defined mortal lesion to account for that event ; when the circumstances accompanying death are unknown, a medical opinion should always be expressed with caution ; but if we are informed that the deceased was in ordinary health and vigour previous to the infliction of the violence, and there is no morbid cause to account for her suddon illness and dc»th ar-jj^iret 12 DB. BINOSTON OH MKDICAL EVIDEIfOK. then if *o NMon why we should heiltate in referring death to the effiscts of a inal« tiplicity of iqjuries. Among non professional (and we might now add, in Canada among professional) persons, a strong prejudice exists that no person can die from violenca unless there be some distinct mortal injury actually inflicted on his person. By thia we are to understand a vinble mechanical injury to some organ or blood vessel impor- tant to life ; bat this is obviously a very erroneous notion, since death may take place from the disturbance of the functions of an organ without this being necessarily accoB« panied by a perceptible alteration o! structure. The preralence of this popular error often leads to a severe cross examination of medical witnesses." ••••••• Beck, Morton and StiUe, Duvergie, &o., might be quoted to the same parpooes, but sufficient and more than sufficient has been said, to show the untenable position of the medical gentlemen for the defence. But there are questions of far greater moment than the correctness of this one or the error of that. What is to be (he effect upon the public of these exhibitions of contrariness ? What must be thought of a profession, the members of which are found so ready and so willing to oppose each other ? What must be thought of its teachings when men edu- cated in the same principles are found to disagree? Where that cMprit de torpa ? " Doctors differ " is a Proverb. We do not all see through the same medium, otherwise we could be all of one mind, but educated men should carefully ascertain the correctness of the data given them. In this ease it was not so. One genUeman hears the evidence of those whom he intends to support ; another, of those he is about to confute ; a third takes the evidence furnished before a different tribunal; while a fourth gleans his information from the morning papers t The only ground on which they meet, is, ^e opinion formed as to the cause of death. But then the cross-examinations are inconvenient; the data are fotmd to be incorrect; n'tmporte, the witness box in a public Court is not the place to retract, and they will not retract ; although they might do so with grace. "No! no! our facts were wrong but our theory is right I Yea and it shall be so." One gentleman discovers a fancied discrepancy between the evidence of an ignorant excited woman, and that of the Physician whose peculiar province it was to decide in the premises ; the choice must be made, and the choice is made ; the theory must be supported; the evidence of the old woman suits better than that of the medical witness, and is accepted I What, let me ask, would be thought of the physician, who, when called in consultation were, to listen to the symptoms detailed by an ignorant nurse in [ffeferenoe to those of the physician in attendance ? That noble specimen of female obstinacy and determination which submitted to be gagged, kicked and cuffed, and at length drowned, because she would not be prevented from saying " scissors," deserved a better fate. She died for princi- ple. She had a perfeet right to string any number of characters together, and to form, and when formed, to read, write, sing or speak the word " scissors," un- less her husband showed her, that, besides being more euphonious in the mouth of a female, a jack knife, for cutting and other purposes, would do as well. She had reasons, valid ones too, for continuing to cry out " scissors " so long as she had breath to do so ; and a right, though the sequel was against her, to continue with her fingers to describe the cutting motion of the scissors when the air bub- bles rising to the surface told the happy swain that indeed she would ne'er agaia I ! - ■•■- — ~ ' " I ■ ■ ' «/. DR. HIN08T0N OR MEDICAL EVIDBKC8. 13 toff tke wwd. In the evidence for the defenee a parallel may be foand in tenacity, hot not in reason. The adrooate who should eucoeed in making a jvry believe that black -va i, wonld, aecordtng to Lord Brougham, be merely doing his duty ; the duty c.: ^ physician is one, and the duty of an advocate ia •nother. The former has to stnte facts, and to state them truly : he has to go fbrther, and to deduce certain oonohisions, which he alone can deduce, from the jbcts ; but in no case is he required to " eonfute, change hands, and still confute," IS in the Connell trial. That the mode of tendering medical evidence is felt to be an abuse in England, I should glean from an able review of " Taylor on Poisons," " We (the reviewer) have ourselves expressed our opinion strongly as to the disreputable mode in which medical evidence is proffered. We have said that the witness box seems to be sought by some as a cheap advertise- ment, by others as the means of discomfitting a rival ; but from whatever cause it may arise, the wont danger to the adminiatration of justice, and the greatest injury to the scientific character will be incurred wherever it shall be known, that professional witnesses may be retained to establish indifferently a case for either Bide. This is no fanciful danger ; for we believe that there are few lawyers of eonsiderable practice who could not within their experience give instances of tht profligacy with which scientijic testimony it tendered That there have been frequent occauons where (to use Lord Campbell's expression) the medical wit- nem it turned into t!ie retained advocate, is as true as it is grievous, and when such occasions occur they call for most unrelenting oomment." I shall not say whether I do or do not assert the applicability of the above to Canada, for I must bear in mind that at least one of the gentlemen for the de- fence was an experienced physician, long before the writer was a foetus ; whilst an- other had entered upon the study of his profession before the writer had entered this breathing world. The same disparity would prevent insisting that my evidence should be received in preference to that of an ignorant woman, as to the consciousness or unconsciousness of a dying person ; and it might appear vain in me to attempt to establish my claim to credence upon the possessing of commis- sions of competency from high medical tribunals in Britain, on the Continent of Europe, and in Canada ; but I may claim, and I do claim, for the gentlemen as- sociated with me, an advantage over those for the defence in having seen things with his own eyes, an advantage over any real or written evidence or description. Dr. R. P. Howard's talents and habits of close observation are well known, and his position as professor of legal medicine in the University is, or should be, a guarantee of efficien^^ . A few words in conclusion : Come my co-mates and brothers in physic, are not these exhibitions unseemly ? or are they calculated to advance the interests of, or respect for that profession whose members so frequently appear in open crray against each other ? Is it modest to deny to the medical witnesses who saw things with their own eyes, and who, from the poverty of language could not convey what they saw to others — those others being non-medical persons who require to have submitted to them non-raedicated evidence, the right to judge of certain facts ? who is the best qualified to judge, the physician who walks through the wards of an hospital and prescribes for what he sees, or he who 14 DB. HmaSTON ON MEDICAL EVIDENCE. reads a partial detail of the oaoe long after ? But the medical men for the defence seemed to say : — " True I Medical witnesses, for the Crown," one of you saw the woman the day before she died, was at her bedside an hour before, and at her death j true that two of you performed the post mortem examination ; that your evidence and your opinion were corroborated by other two gentlemen of experience and ability from your complete evidence — but what of that ? Your opinion is wrong. You said that death was caused by violence, but it was no such thing — for apoplexy terminated her existence — that " apoplexie foudroyante " — " that thundering apoplexy " the reverberations of which were sufficient to disturb us in the quiet of our studies some eight months afterwards ; and to cause us to rush to the Court-house to rescue innocence, manacled, and in the relentless grasp of the law, from the doom to which a number of medical men, ignorant of the modern researches of Physiology and Pathology were about to consign him " — Percival lays it down as a principle in medical ethics that " when two or more gentlemen of the faculty are to offer their opinion or testimony, it would sometimes tend to obviate contrariety, if they were to confer freely with each other, before their public examination. Intelligent and honest men, fully acquainted with their respective means of information, are much less likely to differ, than when no commuuication has previously taken place." And who can doubt the correctness of this principle who is willing to admit that medical gentlemen are, and should be, responsible for, and, to a certain extent, the guardians of the honour of each other ? . . Montreal, 1st February, 1860. n i- r tho one lour tem ther rhat nee, 'exie irere rds; sled, r of logy lical nion e to and , are ice." that ,the