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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    each issue in that case; it is enough to say that you find for the pursuer on all the three issues, with such a sum of damages. But observe, if you think the defender has proved any of his issues, then you must say, “ We find for the defender upon the first issue,” if that should be the case, u and for the defender on the first of the pur¬ suer’s issues.” In like manner, if you find for the defender on the second issue, you must say, “We find for the defender on the second issue, and also on the second of the pursuer’s issues.” And so also with the third. But you may find for the pursuer on one or two issues, and for the defender on the third. You will probably be of opinion, however, on considering the whole case, that it is not very easy to separate the issues, and to come to any opinion in favour of one of the parties on one of them, and of another on another. I should think, in this case, that is an improbable result for you to come to. I have already said that, if you wish me, I shall read over the evidence ; but the case does not appear to me one in which this is necessary. I may mention, that if you return you verdict within six hours, you must be unanimous ; but if there is such a difference of opinion amongst you that you cannot do so, then you may return a verdict by a majority of nine; in that case, you must state so in your verdict. I trust, however, the case is not one which will keep you six hours. The jury then retired, and shortly afterwards returned with a vervict for the pursuer—Damages, £250. VERDICT OF THE JURY. The jury, without any hesitation, returned a verdict for the pur¬ suer of £250, which, together with the expenses on both sides, paid by the defender, amounted to £800, REMARKS BY MR SYME TO HIS CLASS. Gentlemen-,—I regret not having been able to meet you on Thursday last, and as you all probably know the reason of my ab¬ sence, I may mention that the result of the trial which then took place, however unexpected, surprising, or incredible, so far from opposing, is calculated greatly to promote, the object which led me