APPENDIX. 



some instances wrongly assign to the author himself opinions 

 which he has merely quoted from other authorities for com- 

 ment or illustration. 



Presence in Court. 



In England scientific witnesses, except under special cir- 

 cumstances, are allowed to be present in court and hear 

 the whole of the evidence in a case. This is in some 

 instances absolutely necessary if the Court requires medical 

 opinions, for unless the witnesses are fully acquainted with 

 the facts they can give no opinions, and they can only 

 become well acquainted with the facts by being allowed to 

 be present and hearing the evidence in court. If excluded, 

 the judge or counsel will be compelled to read to the witness 

 notes of the evidence before an opinion can be given, and 

 it may then appear that some small point which counsel 

 did not think of importance, has been omitted ; this, if 

 known to the witness, might, however, materially affect his 

 opinion. A failure of justice is likely to occur when medical 

 witnesses are excluded, and it is generally when there is no 

 defence or a false defence that the right of excluding them 

 is exercised. The rule in Scotland is similar ; scientific 

 witnesses are allowed to be in court during the trial. 



Browbeating and Intimidation— Wilful Mis- 

 statement of Witness's Evidence. 



There are many obligations which affect each side equally. 

 Neither is at liberty to attempt to browbeat, intimidate, or 

 confuse a witness, although they may expose any real con- 

 fusion which exists in his mind, or test, by the strictest 

 cross-examination, the accuracy of his statements. Neither 

 is at liberty wilfully to misunderstand a witness, or to mis- 

 state^ hi his address to the jury, the effect of what he has 

 said, either by distortion or suppression. The neglect or 



