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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    within the toils of the law. This was neither to make money nor to avoid the loss of it, but simply to maintain the honour and cha¬ racter of our profession. For some time past the criminal authori¬ ties here have pursued a system of selecting medical evidence that calls loudly for reform, which is not easy, when the members of the body concerned regard every suggestion for improvement as an un¬ warrantable interference. But the head of the Justiciary Court has now promulgated from the bench the principles upon which the law of Scotland is administered in this respect, and it will now be the duty of the legislature to consider how far the people of this country can live with comfort or safety under such a system. Not long ago, certificates of lunacy were given with the most reckless carelessness; but the law was changed, and personal examination has been strictly enforced, so that a practitioner of this city, who certified from Ins belief, founded upon information, instead of his knowledge, derived from observation, was stimulated to greater accuracy by a fine of £50. Now, the effect of a certificate that life is in danger seriously compromises the personal freedom of those charged with the inflic¬ tion of injuries, since the offence is thus rendered no longer “ bail¬ able and I cannot doubt that, before long, measures will be taken to prevent any medical man from certifying, “ on soul, and con¬ science/’ that life is in danger on account of injuries which he has not examined, and justifying himself from the charge of inaccuracy by attributing it to the erroneous information of others. Having carried the matter so far, I can do no more, and the responsibility of tolerating the grievance in question will, for the future, lest with those who have the power of remedying it; while I shall possess the comfort of knowing, that what was felt to be a duty has been discharged, without regard to trouble, expense, or misrepresentation. REPLY BY THE LORD JUSTICE-CLERK TO MR SYME S REMARKS. The Lord Justice-Clerk addressed the Court as follows u Your Lordships are well aware that I care as little as anybody for any remarks that may be made about me out of doors. But I think it right to make a statement in regard to this case, because there might otherwise be an impression left on the minds of the public most detrimental to the administration of criminal justice in the kingdom, and tending to create great distrust of