1884.] 
“ Technical Trials' ' 
343 
IV. “TECHNICAL TRIALS.” 
By An Old Technologist. 
^ITHOUT any fear of contradiction, it may be said 
that of all the proceedings in our Courts of Law 
the least satisfactory are so-called technical trials, 
~i.s., cases, civil or criminal, where the question at issue 
turns upon some point in the physical sciences or in the 
industrial arts. 
^ Of such “technical trials ” there are several varieties. 
There are— not often, indeed, though if we are to believe 
that celebiated amateur chemist ” the Home Secretary 
less frequently than there should be— trials for murder or 
malicious injury by poisoning; there are actions for nui- 
sances and for infringment of patents; there are investiga- 
tions respecting explosions, the shortcomings of machinery, 
and the defeats of buildings, all of which require for their 
light adjudication a special acquaintance with chemistry or 
physiology, or physics, or mechanism, as the case may be. 
In such trials knowledge of this kind is too often conspi- 
cuous by its absence, alike in judge, jury, and counsel. I 
have no wish to disparage either of these three divisions of 
the personnel of our Law Courts. Our juries, if somewhat 
like Englishmen in general— too easily swayed by rhetoric, 
are doubtless fully equal to the duties ordinarily required of 
them. As far as common sense and a knowledge of men, 
of the world, and of business will go, they may be safely 
tiusted. But all these qualifications, joined to the most 
sterling desire to do even justice are simply as naught in 
cases of the kind I am discussing. They have to deal with 
evidence which to them is often as unintelligible as if it were 
conveyed in some foreign tongue. 
Nor is the slightest advantage gained if a special is pre- 
ferred to a “ common ” jury. On the contrary, a body of 
twelve esquires or merchants may prove more at sea than 
would an equal number of artizans. 
Our judges and barristers, in general, well deserve the 
epithet of “ learned,” which the courtesy of reporters rarely 
omits to bestow. In law itself, in history, politics, ethics 
and in the classical languages their erudition is not to be 
challenged. But, as a rule, their acquaintance with phy- 
sical science and industrial art is neither remarkable for its 
extent, its depth, or its clearness. Exceptions doubtless 
