APPENDIX. 



193 



medical witnesses themselves, are freely allowed in the 

 French Courts, but in England such a practice is not recog- 

 nised. The mode in which questions are put by counsel in 

 cross-examination sometimes tends to the introduction of 

 argument, but the witness should avoid the temptation to 

 enter into it. What he says under such circumstances is 

 not evidence, except in the form of answers to questions, 

 and he is there only for the purpose of stating what is rele- 

 vant to the case. 



Evidence not I'estimony. 



There is a difference between evidence and testimony. 

 A medical witness sometimes gives much in the form of 

 testimony which amounts to very little as evidence. When 

 he does not attend to the questions, he testifies to a variety 

 of subjects which have no bearing on the case, and do not 

 constitute evidence. The decision on what is and what is 

 not evidence lies with the judge. 



Slow and Distinct Speaking Essential. 



The replies should be concise, distinct, and audible, and, 

 except where explanation may be necessary, they should be 

 confined strictly to the terms of the questions. The learned 

 judge who tries the case, generally takes full notes of the 

 medical evidence — hence the necessity for a slow and dis- 

 tinct delivery of the evidence. Some witnesses have a 

 singular habit of not answering the question which is asked, 

 but one which is not asked. Others give an answer in such 

 a voluble form, in the shape of a small speech or lecture, 

 that there is great difficulty in reducing it to its proper 

 proportions. A witness who is so profuse of information 

 generally supplies abundant matter for a long and trouble- 

 some cross-examination. 



13 



