609

THE LANCET.

LONDON : SATURDAY, MAY 30, 1863.

SCIENTIFIC EVIDENCE IN COURTS OF LAW.

THE precise value to be attached to scientific opinion, andthe best method of bringing it forward as evidence on any

trial, are at present the subjects of much learned discussion. A

Royal Commission has for some time been considering the work-ing of the Patent Law, and the advisability of some arrange-ment whereby questions of abstract science may cease to bematters of open disputation, and the principles of scientificdecision be restrained within practical rules, for the preventionof that unseemly and embarrassing conflict in the testimony of

experts so frequently witnessed in courts of law. The Inventors’ IInstitute, an association established under the presidentship ofSir DAVID BREWSTER, numbering amongst its members manyof the master-minds of the day, has issued two reports offeringsuggestions on this subject, which are deserving of the mostattentive consideration. The Law Amendment Society, withthe venerable Lord BROUGHAM at its head, in his presence, attheir last meeting, entertained the question, in discussing a

paper raad by Mr. WEBSTER on the advisability of associatingscientific assessors with the judge when considerations of a

special nature are presented for judicial decision. Other

learned societies have directed attention to the matter ; but,though they have succeeded in eliciting opinions that thepresent system of determining scientific points for the purposesof judicial decision is most objectionable, have not hithertoarrived at any definite conclusion for its practical amendment.It is highly probable as well as desirable that some result maybe now attained, and a plan devised which must modify theconduct of future trials, when questions of scientific experienceare submitted to the decision of a jury. Any conclusion ofthis nature cannot be brought into operation without affectingthe importance and influence of medical testimony, and sofar is a matter of direct interest to every member of our pro.fession.

The advisability of some alteration in the present system of

taking scientific evidence in courts of law has frequently beenthe subject of comment in this journal, rather with the view of

suggesting to the medical profession the means whereby vague-ness in testimony or conflict in opinion might be avoided, whilepractical truth was being determined, than for the purposes oflegislative change. Inasmuch as the great impediment whichexists to the definite legal settlement of this recognised diffi.culty is the position in which legislation would place medi-cal testimony, it is advisable that the question be again fullyconsidered. The differences between medical and other scien-

tific evidence must be obvious to any mind reflecting on theessentially distinct nature of the foundation of one as comparedwith the other. On all questions of abstract science, novelty,identity, and combination are inquiries collateral to the principlewhich they illustrate. For their exposition, analytical or syn-thetical exploration is feasible, and a fixed standard for opinionas well as for comparison exists. That under such circum.

stances a difference should arise in the judgment of scientificmen on any given proposition comprising the three questions

can only be attributable to causes resting with individuals, and

capable of being controlled, since mechanical or chemical com-binations are matters admitting of illustration and are invariablein their results. To this extent, therefore, the conflict of

scientific opinion on such matters might well be avoided, andthe time of the courts of law economized, through the institu-tion of a purely scientific tribunal for the independent deter-mination of distinct scientific questions. This tribunal mightbe appointed either peremptorily by the presiding judge, or withthe mutual consent of the parties to the suit; the decision ofsuch a tribunal being a fact which, in its relation to the other

facts, a jury might properly consider. In medico-legal investi-gations the same facility for arriving at conclusions does not

invariably ’exist. The facts on which the scientific opinionmust rest are not unfrequently those on which the jury areequally called on to determine, and any assumption one wayor other in reference to them on the part of experts with aview to a positive conclusion would involve a begging of the

question on which the conclusion was demanded. Under such

circumstances, the relative value of experience, and the greatercompetency of determining the scientific relation of phenomenaincapable of demonstration which one medical witness may inthe opinion of a jury possess over another, influence the ver-dict. This is particularly the case in all investigations intomental soundness, and explains the apparent paradox-thatexperience may differ in the scientific estimate of the simplestfacts, because the material relations of such facts must in themind of the investigator be first determined. However de-

sirable, it is by no means practicable, that, consistent with themaintenance of our jury system, investigations of this charactercould be deprived of the complete publicity they at presentpossess. This assertion is not incompatible with the opinion.previously expressed in this journal: that a material changein the conduct of such cases is desirable—some change wherebya more distinct and accurate recognition of the principlesof diagnosis might tend to divest them of that complexitynot unfrequently introduced by a witness of limited know-ledge who speaks with authority on abstruse and difficult

questions. To meet the difficulty resulting from a conflict oftestimony on the part of those called to support views on dif-ferent sides, it seems desirable that the system adopted inFrance be acted on, and that, within the discretion of the

judge, experts be officially delegated to inquire into scientificfacts, and report upon them. Independent testimony wouldbe thus available for the Court ; and in matters of life and

death, liberty, or property, the excuse urged in the case ofPREEDY, tried at Maidstone, could not be repeated-that thejury must continue uninformed as to the essential features oftheir inquiry, because for such purposes the law had made noprovision. There is no doubt that the knowledge of such poweron the part of the Court of calling to their aid scientific assist-ance would exercise important influence on those whose evidencecould be thus tested. The cases are few and exceptional inwhich conflict in medical scientific testimony might not bereduced to distinct propositions capable of being solved byaverage experience, and thus exhibitions of direct variancee

of opinion be prevented from bringing medical evidence into.disrepute.

Inquiries of an abstract character, involving questions ofanalysis or diagnosis, points of practice or of treatment, webelieve might be fittingly determined by mutual agreement to

610 SOURCES OF LYMPH FOR VACCINATION.

professional arbitration, except in cases of a criminal or quasi- THE importance of securing lymph of an irreproachablecriminal character, when, as a matter of duty, complete public character for the purpose of vaccination cannot well be over-

investigation is desirable. The object of every medical prac- rated. It is obvious that the efficacy of the operation, andtitioner called on to impeach the practice of another should be the removal of all just grounds of popular prejudice against it,to advocate a professional tribunal for the determination of must chiefly depend on the purity of the lymph. There arethe question in dispute. Two results might thereby be accom- certain rare contingencies which the greatest care and foresightplished-approximate if not actual truth be arrived at, and cannot altogether obviate. In this category, doubtless, theunnecessary scandal avoided. Under the present system, phy- death of Sir CULLING EARDLEY SMITH is to be placed, in so farsicians or surgeons are liable at any time to have their cha- as this unfortunate event was accelerated or determined by re-racters assailed if unprincipled parties avail themselves of color- vaccination. Deeply as a case of this description is to be re-able circumstances to do so. Nor are we without examples gretted, it does not furnish any sounder argument against theshowing that the most groundless imputations may prove the value of vaccination than occasional deaths from chloroformsource of incalculable mischief, which mischief might be avoided afford against the use of that invaluable anæsthetic. The com-

by medical men making it a rule in no case to give opinions on parison is perhaps scarcely just to vaccination, for so grave amedical questions without communication with the practitioner result as death is amongst the very rarest of the rare evils towhose treatment is thus impeached. With rare exceptions, it which the operation ever gives rise. Moreover, for one life lostwill be found that matters of this nature admit of a much more from the operation, it is well to reflect upon the multitudes whosatisfactory arrangement out of court. It is certainly desirable have been saved by it from death, from a loathsome sickness,that the judge, who has now the power to permit the settle- or from permanent disfigurement.ment of scientific facts in such a manner by mutual consent, But there have recently come to our knowledge severalshould be enabled to order them to be so settled, and if neces- instances in which revaccination has been followed by symp-sary appoint, under the authority of the Court, competent in- toms of an unusual character. In one case the operation gavedividuals for that purpose, rise to ugly sloughing ulceration of the points inoculatedWhatever be the result of renewed discussion of this impor- in three other cases severe and troublesome irritation of the

tant topic, there is one class of disputes which should always arm occurred. All the patients were males, in the prime ofbe kept from public observation : we allude to the personal life, and in perfect health. Again, there has been communicateddifferences of medical practitioners on professional matters. to us an account of the entire failure of a series of primaryWho can more suitably decide such points than those whose posi- vaccinations, conducted with every care. In both sets of

tions entitle them to the confidence of both dispuants? We cases the lymph used had been obtained by purchase, and littleever regard with regret akin to shame the obtrusion on the or no doubt can be entertained that in the first set it was of

public of personal quarrels, and yet, as matters at present an improper character, and that in the second it was altogetherstand, the medical press is almost the only recognised inert. These cases clearly show the absolute necessity of lymphpalladium of professional honour. This is on many occa- being at all times procured from sources where no doubt what-sions the cause of increased bitterness. It is invariably a ever can rest upon the fact of its careful selection. That no

source of anxiety to the journalist, whose duty it is to be just, confidence is, or ought to be, reposed in lymph bought by retail,when, in order to be so, he must prove severe; and yet the might be argued from the almost impossibility of obtaining aobligation is at times of necessity imposed. It would be well guarantee of its careful selection, which, as need scarcely bewere it otherwise ordered. It is vain to expect that, among said, it is important, on public grounds, should always be forth-many thousands of physicians and surgeons of different stand- coming. But the facts we have related are conclusive on this

ing throughout the kingdom, very exceptionable conduct will subject. The lymph procured by purchase may be either im-not occasionally arise. Publicity too frequently serves to add pure or inert; and it is evident that neither the profession norbitterness to wrong, and, while consigning to contempt, does the public can secure a sufficient guarantee of the purity ofnot always school to conviction. This might be in a great lymph proffered for sale. On the other hand, every guaranteemeasure avoided if it were understood that the disciplined is afforded of the irreproachable character of the lymph sup-opinion of those in practice was ever ready to be invoked for plied, free of expense, by the National Vaccine Establishment;the repudiation and punishment of professional wrong. and we would strongly urge medical men, when their ownWhatever course the Legislature may adopt to meet the supplies fail, and when these cannot be replenished by imme-

difficulties which surround legal-scientific inquiries, we have no diate friends, not to make use of any lymph except such as maydoubt that the interests of Medicine will not be impaired. The be obtained from the National Establishment. No pains arestudy of the living mechanism, the analysis of changes in the spared to ensure perfect purity of the lymph, which can at anyvital alembic, must ever occupy a higher ground than the time be procured from this source, and the officials—whoserelations of inert matter or the combination of demonstrable competency alone would be a sufficient guarantee-are publiclyatoms. So long as the members of the medical profession con- responsible for the manner in which they perform the dutiestinue true to themselves and the obligations of their posi- entrusted to them. But that no doubt might rest upon thetion, they must receive public attention whenever they demand present character of the national supply of lymph, Mr. CEELY,to be heard. To elevate their calling above the crowd of of Aylesbury, of whom it has been justly said, that he "hascommon disputants, and place its testimony beyond the reach done more to advance the natural history of vaccination thanof technical cavil, imposes on practitioners a double duty any other individual since the days of JENNER," was recentlywith an undivided responsibility. instructed by the Privy Council to inspect the lymph made use

of and stored in the different national vaccination stations, andhe has reported most favourably upon it.

611SANITARY WORKS IN LANCASHIRE.

Some medical men, however, object to the mode commonly Under these circumstances, but one course appears to be open:.adopted by the National Establishment in supplying lymph. the institution of public works, upon which the distressed"Points" are chiefly made use of, and not capillary tubes. The operatives might be engaged at a rate of payment sufficient tolymph which can be procured by purchase is invariably con- ensure a reasonable subsistence. To ascertain the practicabilitytained in tubes. This is the temptation to have recourse to of such works, which, while being profitable to the operatives,other sources of supply than the National Establishment. It is should at the same time be a benefit to the locality in which

perhaps to be regretted that lymph supplied from the latter they were instituted, Mr. RAWLINSON, Civil Engineer, wassource is not always preserved in tubes; but this drawback recently instructed by the Government to visit the principal(such as it may be, for we do not assign so much importance to towns in Lancashire, and investigate the character of theirthe objection when the lymph is designed for immediate use) is drainage, water supply, and general sanitary arrangements;more than counterbalanced by the confidence which may be also the provision made for parks or pleasure-grounds for thereposed in the character of the lymph. recreation of the inhabitants. He was to form an opinion as

It may be well to add a caution on the use of lymph from to the works of utility, profit, or ornament capable of beingTevaccinated cases and the exhaustion of vesicles. We are executed; to make an estimate in each case of the cost of such

.-acquainted with instances in which these errors have been works; and to lay whatever suggestions he had to offer uponlately committed. The official instructions to public vacci- these points before the local authorities, explaining to them the

jiators rightly direct that lymph should not be taken from beneficial results which might be obtained by the execution ofcases of revaccination, and that in vaccinations from arm to these works, "both in the improvement of the towns and in

.arm, and still more in proceeding to store lymph, draining a the employment of the distressed operatives at a fair rate of

.punctured vesicle should be avoided. " From such a vesicle as wages, which latter is the immediate and pressing object forvaccination by puncture commonly produces do not, under which works of this nature are mainly undertaken."

ordinary circumstances (say the instructions) take more lymph The deficiencies of Lancashire towns, both in their sanitarythan will suffice for the immediate vaccination of five subjects, arrangements and ornamental characters, are too notorious toor for the charging of seven ivory points, or for the filling of need more than a passing allusion. Mr. RAWLINSON would

three capillary tubes; and from larger or smaller vesicles take find a rich field for suggestion; and, brief as is the period inonly in the proportion to their size." It is further enjoined which he has been at work, he has not suffered the ground to

upon the vaccinator to take lymph only from subjects who are lie fallow. Ashton under-Lyne, we learn, will do well to spendin good health, especially ascertaining that they are free from £40,000 on sewerage, additional water supply, road and streetany eruption of the skin; to take it from well-characterized, improvements, and a public park. Blackburn contains a mile

uninjured vesicles only; and (as may be done in all regular and a quarter of streets neither sewered nor paved; a mile andcases on the day week after vaccination) to take it at a time a half of streets sewered, but not formed and paved ; twelvewhen the vesicles are plump, either just before the formation miles of streets only partially completed; and the town re-of the areola, or, at the latest, not more than twenty-four quires twelve miles of main sewers. This town would be bene-

hours after the areola has begun to form. Further, we are fited by spending from £50,000 to £70,000 on these defecte.instructed carefully to observe every sign which tests the Oldham is in want of main sewers, street improvements, and- efficiency and purity of the lymph; also to note any case a public park, and might usefully disburse, for the good of itswherein the vaccine vesicle is unduly hastened or otherwise population, £100,000. Glossop is without a sewerage system,irregular in its development, or wherein any undue local irrita- and apparently without the local means of obtaining moneytion arises; and if similar results ensue in other cases vacci- for constructing a system. Main sewers, streets, roads, and a-mated with the same lymph, to desist at once from employing park are wanted at Rochdale ; and there is much to be done withit. Finally, in the same instructions it is properly laid down sewers, streets, and the river at Stockport. Indeed, not athat the vaccinator should consider himself "strictly respon. town appears to have been visited by Mr. RAWLINSON whichsible for the quality of whatever lymph he uses or furnishes for would not be profited by some form of public work or other ofvaccination. " a nature necessary to the well-being of the place.

Where legal difficulties in the way of obtaining money donot exist, the local authorities seem on the whole to have re-

IT is proposed to turn to some good purpose the labour now ceived Mr. RAWLINSON’s suggestions in a favourable manner.lying dead and worse than useless in Lancashire. There is still There can be little doubt that the establishment of public worksfinhappily no prospect of an early revivification of the cotton of the character indicated is the best, if not the sole, means attrade, and it is dreaded lest prolonged idleness and depend- command for meeting the present difficulties of the cotton-

ence upon charitable aid should sap the stability of the nnem- famine. In establishing these works Lancashire would be pro-ployed operatives. They cannot be transported in mass to the fited, not only by the relief of the immediate and pressingcolonies, even if emigration on so vast a scale were desirable, necessity in which they originated, but by ulterior benefitsand to draught them into other localities and other occupations of a much more important and permanent character. The

at home would be a work of slow progress. In the meantime death-rate of the cotton districts has long formed a dark blotwhat is to be done ? It is improbable that the great flow of in the mortality records of the kingdom. Much of this, per-contributions, by which hitherto acute distress has been staved haps the greatest part, was due to the conditions under whichoff, can be maintained much longer without flagging. It is, the staple industry was pursued; much to the insanitary con-moreover, most desirable, if we would avoid graver evils than ditions of the towns and dwelling-houses. It is a great scandalhave yet arisen from the cotton famine, that some useful and upon Lancashire that a period of unexampled prosperity shouldremunerative labour should be found for the unemployed. have proved more deadly to its population than a period of

612

protracted distress. As yet it is too early fully to explain thestrange paradox of a community suffering more from fatal

sickness whilst rejoicing in abundance than when reduced to,and long maintained on, the barest subsistence. That the

diminution of mortality observed in the cotton districts duringthe famine is no accidental circumstance can now be scarcelyquestioned, as it has continued throughout the winter. Pro-

bably this seeming anomaly will prove to be chiefly due to alessened prevalence and gravity of pulmonary affections, in.

cluding phthisis, as well as to a decrease of infantile mortality.An inordinate fatality of pulmonary affections and of infantilediseases characterized the vital statistics of Lancashire in its

time of prosperity. The circumstances under which the opera-tive too commonly labours in cotton-factories furnish a readyand just explanation of the great prevalence and severity of theformer class of maladies ; the neglect of their infants by mothersemployed in factories the latter. The waste of life from these

sources is, perhaps, beyond the reach of the local authorities,and the responsibility, doubtless, chiefly rests with the em-ployers ; but not so with the waste brought about by the in-salubrious conditions of the towns. For the extravagant ex-

penditure of life arising from the latter source the local autho-rities are largely responsible, and to set bounds to it the workssuggested by Mr. RAWLINSON are essentially necessary. Bypromptly carrying out these works Lancashire will best providefor the future economy of the health and vigour of its popu-lation, and will best meet its present most pressing need.

Medical Annotations." Ne quid nimis,"

ELECTION OF COLLEGE COUNCILLORS.

THE Fellows of the Royal College of Surgeons of Englandhave just received the usual official notice, that a meeting ofthe electors will be held at the Hall of the College on Thurs-day, the 2nd of July, at two o’clock, for the election of threeFellows into the Council of the College, in the room of Mr. CæsarHenry Hawkins, of Grosvenor-street, and Mr. Thomas Tatum,of George-street, going out in rotation, and of Mr. WilliamCoulson, of the Old Jewry, resigned. The first two gentle-men will, it is expected, have their re-election opposed ; butit is not generally known that if Mr. Hawkins, who has twicefilled the President’s chair, be unsuccessful for a seat in theCouncil, he will still retain the profitable appointment of anExaminer in the College, during the pleasure of the Council,and perhaps for life. The blank forms of the requisite noticeand declaration, nomination, and certificate, may be obtainedby application to the Secretary of the College; and it is neces-sary that Fellows should know that these forms are to be

correctly filled up and deposited with that functionary withinton days from the publication of the advertisement in theLondon Gazette, in which the day of meeting for the electionshall be announced. As this advertisement appeared on

Tuesday last in that paper and also in The Times and DailyNews, the College authorities have given timely notice to thefriends of those Fellows desirous of seats in the Council to

comply with the regulations. The following are the formsalluded to, which must be sent in on or before Wednesdaynext, otherwise they will be null and void :-

I, A. B., of C., Fellow of the Royal College of Surgeons ofEngland, do hereby declare that I am a candidate for a seat

in the Council of the said College; that I am in the bonâ fidepractice of the profession of a surgeon, and that I do not prac-tise as an apothecary.

Together with a nomination, signed by six Fellows of theCollege, in the following terms, viz. :-We, the undersigned Fellows of the Royal College of Sur-

geons of England, do hereby certify that A. B., of C., is in ourestimation a fit and proper person to be a Member of theCouncil of the said College: and we do hereby nominate hima candidate for a seat in the said Council.And also a certificate, signed by three Fellows, in the follow.

ing terms, viz. :-We, the undersigned Fellows of the Royal College of Sur-

geons of England, do hereby certify, on our own personalknowledge, that A. B., of C., is in the bo2i cl fide practice of theprofession of a surgeon, and that he does not practise as anapothecary.

,

The names of several candidates have been mentioned as

coming forward-viz., Mr. Bishop, an ex-member of the

Council; Mr. Lane, of St. Mary’s Hospital, and founder of theGrosvenor-plaoe School of Anatomy; Mr. Curling, of the LondonHospital; Mr. Hancock, of the Charing - cross Hospital;Mr. Turner, of Manchester, the Chairman of the Fellows’

Festival, and who, it is stated, will receive considerable sup-port from the Provincial Fellows. The following are some

Fellows next in seniority:—Messrs. William Pennington,A. M. Mc Wbinnie, Charles Beevor, George Busk, BenjaminTravers, John Harrison, and T. Blizard Curling.

BRIGHTON DRAINAGE.

UNDER the severe pressure brought to bear upon them bythe force of public opinion, elicited through the correspondenceand reports on the insanitary state of Brighton in this journal,the Corporation of that charming but very ill-governed suburbof London have at length arrived at the resolution to cleansetheir town. The gradual process of enlightenment throughwhich the municipal Dogberrys have passed is now reaching acomparatively advanced phase.We showed long since that the discharge of the sewage of

the town into the sea by the Albion outfall, opposite the OldSteine, was fraught with the most disgusting nuisances. Thesea was polluted, and the air was tainted with the filthy gasesarising from the decomposing oily sullage floating on the sea;and whether for bathers, pedestrians, or riders, the state ofthings was offensive, unhealthy, and disgraceful to the town.Dr. Hall, of Biichton, ventured to bear his independent testi-mony to some facts illustrative of this nuisance ; and he wasviolently assailed by the very men who now, by their ownwords, confess to a worse state of things than he depicted.The official report now describes the outfall-opening as veryfrequently high and dry at low water, so that one can walkround it; and in front of it an artificial bar has formed, whichhas the effect of obstructing the flow of sewage. Now that

they are about to mend matters after a fashion, and to asksome thousands of pounds with which to do it, the councillorsperforce acknowledge the abominations which they absolutelydenied when we pointed them out to visitors who hated filth,did not wish to bathe in sullage, and dreaded diphtheria.The alteration resolved on will not, we fear, suffice to effect

what is required. At a cost of six or seven thousand pounds,.it is proposed to carry a large iron pipe a third of a mile intothe sea, and to drain into it. Spite of Mr. Hawkshaw andhis theory of dispersion and dilution, we believe any systemby which the sea is polluted and defiled with the sewage to beradically wrong. The sewage should be carried off to the landnear Rottingdean, and utilized ; and the sea should be keptclean. Bathers would no more wish to swallow a mixture ofa pint of sewage to ten gallons, than a pint to one gallon.