Illustrations of medical evidence and trial by jury in Scotland.

Date:
1855
Catalogue details

Licence: Public Domain Mark

Credit: Illustrations of medical evidence and trial by jury in Scotland. Source: Wellcome Collection.

    44/66 (page 42)
    by Mr Glover as an account of the case, or it it had been used m evidence in a criminal proceeding, and you had commented on it, it would have been most important if you could have imputed an erroneous or false certificate to Mr Glover, either as to granting it without inquiry, or as to the object for which it was granted. But here the question for the jury is, whether he was warranted in the circumstances in which he granted it, and for the purpose for which he granted it. Therefore I cannot allow the question to be put. . Mr Mackenzie.—Would you be good enough to take it down. I have no more questions. By the Dean.—The Lord Advocate told the deputation he would inquire into it, and take it into consideration. I do not know that the result of that consideration has not appealed. CHAKGE BY THE JUDGE, The Dean of Faculty having addressed the jury for the pursuer, and Mr Patton for the defender, The Lord Justice-Clerk charged the jury as follows From the time that I came to understand this case, it appeared to me a very simple and in reality a very short one, and in point of substantial justice a very clear case indeed; and but for the number of topics ’introduced on both sides, which appear to me to have very little to do with the case, I could have comprised in a few words all that was necessary for me to say. In the first place, I must begin, m con¬ sequence of one of the observations made by the defender’s counsel, with this introductory remark—viz., that everything that is libellous is presumed to be, under the issues before you, false and calumnious, unless the defender undertakes to prove the truth of the calumny. There has been no observations addressed to you, you will observe, _and I think this must have struck you forcibly, to the effect that the words complained of are not libellous at all, and not injurious. That is not attempted to be proved, and it would have been difficult indeed to have done so, when you find three issues taken to prove the truth of what is asserted, and in proving the truth of what is asserted to prove the falsehood of Mr Glover. Therefore the ques¬ tion is not in the first instance, has the pursuer proved this to. be false and calumnious, because unless a case is what is called pnvi-