APPENDIX. 187 
‘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 ms- 
state, in his address to the jury, the effect of what he has 
said, either by distortion or suppression. The neglect or 
