Chapter I: Preface

The science, the art, and the correct estimation of the value of Medical Evidence is the province of Forensic Medicine.

It is hoped that this little book will aid the General Practitioner when he is called upon to offer medical testimony, so that the ancient inquest jury especially may fully appreciate the bearing of the technical facts he narrates. Those who pose as “experts,” should _ipso facto_ be themselves authorities on the matter and the manner of bearing testimony.

STANLEY B. ATKINSON,

_10, Adelphi Terrace, W.C._

INDEX.

PAGE

Alleged drowning, uncertainty concerning, 47

— overlaying, uncertainty concerning, 47

— still-birth, uncertainty concerning, 47

Blood-circulation preceding sudden death, 48

Civil actions, the fees in, 44

Common witnesses of facts, 8

Coroner’s court, constitution of, 8

— — the fees in, 39

Criminal proceedings, the fees in, 41

Dead, the examination of, 21

Deglutition and peristalsis preceding sudden death, 48

Drawing up a medico-legal report, 24

Evidence, classes of, 8

— given before entering court, 10

— in court after being sworn, 30

— in court before being sworn, 28

Examination of the dead, 21

— of the living and the dying, 18

— of the living, dying, and dead, 17

Expert witnesses, 9

Fees, the rules as to, 39

Hearsay testimony, when receivable, 50

Limitations imposed by inadequacy of knowledge, 46

Limitations to medico-legal evidence, 45

Living and dying, the examination of, 18

Manner, the, of giving medical evidence, 30

Matter, the, to be given in medical evidence, 33

Medical certificates, when not to be given, 11

— evidence, the manner of giving, 30

— — the matter to be given, 33

Medico-legal report, the manner of, 24

— — the matter of, 26

Neuromuscular action and sudden death, 49

_Post-mortem_ evidence, limitations of, 47

Precautions under suspicious circumstances, 52

Preparation of evidence, 14

Preparing and giving evidence, 10

Respiration preceding sudden death, 48

Rules as to fees, 39

— of evidence, limitations imposed by, 45

Slow poisoning, if suspected, how to act, 52

Stepping stones of medical evidence, 57

Sudden death, vital activities preceding, 48

Suicide, threatened or attempted, 54

To escape attending as witness, 13

Vital activities preceding sudden death, 48

Witness, to escape attending as, 13

Witnesses, classes of, 8

_Golden Rules of Medical Evidence._

Every legally qualified and registered medical practitioner in actual practice in or near the place where the death in question happened, by the Coroners Act, 1887, may be summoned by the Coroner to give medical evidence as to the cause of that death. Thus medical men may be compelled to practise medical jurisprudence if called upon so to do. With the growth of knowledge and exact observation, the weight which is attached to medical evidence has increased proportionately. It is still true, however, that “the exercise of a sound judgment, which is of far more value in medico-legal matters than all the substance of all the ancient _medicina forensis_, must be our guide.”

The =Coroner’s Court= differs from other tribunals in that, primarily, it conducts an enquiry to which there are no formal parties. The evidence received by this Court is on that account much less bound by technical rules.

CLASSES OF MEDICAL EVIDENCE AND WITNESSES.

_The evidence of_

=I. Common witnesses of Facts which they have observed.= They state the minor premiss of the forensic argument. Those who can describe technical matters which they have seen are _skilled common witnesses_: medical men usually appear in court as skilled witnesses. Job’s “I shall see for myself, and my own eyes shall behold, and not another,” indicates the correct attitude of a common witness of fact.

_The testimony of_

=II. Expert witnesses concerning their Opinions.= They state the major premiss of the syllogism, whose conclusion is found in the verdict of the jury. All expert witnesses should be skilled witnesses. Experts sometimes become common witnesses when examined as to exhibits produced in court. The weakness of expert testimony is, in practice, its _ex parte_ nature. Medical men called to give evidence as to fact, must beware of being unconsciously drawn into offering expert testimony.