196 APPENDIX. 



employed by a witness with a view of impressing the Court 

 with some idea of his learning, it wholly fails of its effect. 

 Barristers and reporters put down their pens in despair, and 

 the time of the Court is wasted until the witness has con- 

 descended to translate his ideas into ordinary language. 

 Lord Hatherley well observes that " a scientific witness, in 

 giving his evidence, should avoid as much as possible the 

 use of technical scientific language, if the case is before a 

 iury. This is especially desirable when the evidence is 

 medical, for really many technical words in medicine seem 

 to be invented to cover ignorance. But be this as it may, 

 a witness is always suspected of affectation, and the Court 

 and jury are but little instructed when a vast amount of 

 learned phraseology is poured forth instead of a clear state- 

 ment of the witness's opinion.'' 



Medical Opinion is not to be Based on the State- 

 ments of Others or Public Rumour. 



In giving evidence oi opinion a medical witness must take 

 care not to base it on any statements made by others, or on 

 circumstances which may have come to his knowledge by 

 pubhc rumour. Again, his evidence should be confined 

 only to subjects properly within the rabge of medical science, 

 and on which, as a professional man, he is competent to 

 speak. 



Use of Exaggerated Language to be Avoided. 



There is a great tendency among some medical witnesses 

 to express their views in the superlative degree. If a part is 

 simply inflamed, it is frequently described as "intensely" 

 inflamed. One witness may speak of patches of ulceration 

 in the intestines, another will describe the same condition an 

 " extensive ulceration." 



The End. 



