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 Testimony. 
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. 
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