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.

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    cause, if a person was to die, and there was any charge against an individual for causing, wilfully or carelessly, the injuries which re¬ sulted in death, his evidence might be lost, or only obtained from hearsay, from things dropped, not before a magistrate, but to casual inquirers. Now, Professor Syme may think this an extremely in¬ jurious proceeding, and if the thing is followed out to the extent of sending a police-surgeon to insist upon seeing the treatment of every person who is injured, although under careful treatment privately by a surgeon of eminence, or in an hospital, it may be. But I never heard that this has been attempted—a very injurious and a very absurd proceeding. But there is a good deal to be said—and really that is all I will say about a matter we have nothing to do with in favour of the authorities taking their own means for the purpose of ascertaining this simple point: is a person in such danger at the time as to risk the losing of his evidence if he is not examined by the Sheriff ? There are considerations applicable to that case which require the matter to be well understood by the medical man who is to consider it, and it is extremely likely that such a young gentleman as Dr Dobie might not understand at all the views and objects with which that certificate was to be granted. Professor Syme, if he even understood—which I doubt very much—the object with which Mr Glover was sent there, seems to think it a gross abuse an out¬ rage, as he calls it—an intolerable outrage, that the Sheriff chooses to&send a surgeon to examine a particular person, if he is considered in danger of his life. Professor Syme may be quite right in all this; but really with that matter we have no concern whatever. It is not a question by which you ought to allow your minds to be influenced in the least degree. If you think it a bad practice, that ought not to affect your verdict in this case in the least. Another considera¬ tion pressed upon you is this : —Professor Syme had taken up this question very keenly; he had been in communication with the Lord Advocate on the subject; his mind was hot in the matter ; and in consequence of this, he seizes hold of Mr Glover’s certificate as an illustration of what he was pleased to consider a very great abuse. And it is only in discussing this general question that he brings out the matter of which Mr Glover complains. He had no personal malice against Mr Glover; he did not intend to injure him ; and this came out only in the heat and ardour of taking up the general question for the honour of the medical profession. He also says but how it appears in this case we don’t see—that it is for the sake