SCIENTIFIC EVIDENCE IN COURTS OF LAW. 457 



out this verdict by exerting his energies on behalf of the conclusion which he 

 considers true. He is compelled to be a partisan, and tries to avoid being the 

 partisan of falsehood. It is asserted that for the ends of justice such conilicts 

 of evidence as are thus obtained between witnesses engaged by the opposite 

 parties ought to take place ; but no reason has been shown why such partial 

 witnesses should be placed in the position of impartial witnesses, or why there 

 should not be scientific witnesses so placed as to have as little bias as possible, 

 and able to depose to facts which they know to be true, leaving to others 

 to weigh these against the opposite facts, and to decide the question at issue 

 upon the result of such comparison. 



The present system oscillates between two evils, according as the depositions 

 of scientific witnesses are received by the court. If received as impartial depo- 

 sitions, they endanger the cause of truth ; and if considered partial, they are 

 liable to bring censure upon the so-called witnesses who make the depositions. 

 Among the various remedies for these evils which have been suggested, the 

 two following appear to your Committee most promising : — 



One remedy would consist in the appointment by the judge of some scientific 

 witnesses in addition to the witnesses engaged by each party respectively in 

 the suit. These judicial witnesses would hear the evidence adduced on each 

 side, and would be empowered to request the witnesses on each side to show 

 them the experimental or other proofs of their statements, and they would re- 

 port to the Court all important corrections of statements made by the partial 

 witnesses which they might be able to make, as well as all other facts of 

 which they might be cognizant, bearing upon the question at issue. 



The functions of these judicial witnesses would, however, be confined to 

 statements of particulars of evidence. They would have no concern with 

 questions of law, and would accordingly be precluded from summing up the 

 particulars of evidence in favour of any conclusion, unless called upon bv the 

 judge to sum up any part of the evidence. The presence of these judicial 

 witnesses could not fail to act as a check upon the statements of partial 

 witnesses. 



The other form of remedy would consist in the appointment by the judge of 

 assessors competent to advise him respecting the evidence adduced by the 

 ordinarj- -witnesses. 



The Committee is of opinion that the vast extension of natural knowledge 

 which has taken place of late years, and the corresponding development of 

 manufacturing processes, have necessitated the consultation in courts of law 

 of men cognizant of the principles involved in any processes under considera- 

 tion, and skilled in the art of eliciting information upon them by experi- 

 ments ; but they are of opinion that the action of such persons requires some 

 check of the kind above described. 



They trust that the Legislature may soon give to the subject that attention 

 which it so urgently demands. 



[Tlw. Fejwrt on the Standard of Electrical Resistances , Avith Dr. Joule's Paper 

 (refeiTed to in the Transactions of the Sections, p. 12), vrill appear in the 

 next volume.] 



