194 APPENDIX. 



Volunteered Evidence. 



It has been a question whether a witness should volunteer 

 evidence, assuming that the examination-in-chief and cross- 

 examination have failed to bring out all that he knows of 

 the case. If that which he has to state is some matter 

 of fact within his own knowledge, or an opi'nion based on 

 facts within his knowledge, he will be allowed, on application 

 to the judge, to make the statement in spite of the efforts of 

 counsel on either side to shut it out. 



Avoid Technical Terms and Ambiguous Matters. 



It is scarcely necessary to observe that the language in 

 which the answers are returned should neither be technical 

 nor metaphorical. Counsel who are unacquainted with vete- 

 rinary medical terms frequently misapply them, or use them 

 in a wrong sense. A judicious witness will avoid anything 

 like a triumph over his examiner under such circumstances, 

 and simply put him right. 



An ambiguous answer necessarily leaves the witness's 

 meaning doubtful, and calls for an explanation. An unde- 

 cided answer — indicated by the words " I believe," or " I 

 think," or " It might be," is not sufficient for evidence. If, 

 by a proper consideration of all the medical facts, the witness 

 has come to a conclusion on the subject, his answer should 

 be expressed in plain and decided language, either in the 

 affirmative or negative. A man who has formed no con- 

 clusion is not in a position to give evidence. No opinion 

 should be given for which the witness is not prepared to 

 assign reasons ; and, except by permission of the Court, no 

 medical opinion should be expressed on facts or circum- 

 stances observed by others. A hesitating witness will be 

 met with the question. Have you any doubt about it? or, 

 Was it so or not ? — to which a reply in the affirmative or 

 negative must be given. If the witness fairly entertains 



