Af^ryPmt\  Expert  Testimony.  83 
This  tends  to  the  presentation  of  partial  and  therefore  partisan  testi- 
mony, which,  in  the  attempt  to  draw  conclusions  from  insufficient 
evidence,  may  lead  to  undue  magnification  or  minimization  of  certain 
facts,  to  the  slurring  or  suppression  of  material  data,  to  the  intro- 
duction of  irrelevant  matters  and  especially  to  captious  criticism  of 
the  investigations  or  opinions  of  others.  This  can  be  remedied  only 
by  the  expert  himself. 
(c)  The  confusion  of  judgments  of  fact,  the  result  of  scientific  research 
and  analysis,  with  opinions  ;  and  like  confusion  concerning  statements 
of  facts  of  general  scientific  knowledge.  This  can  be  remedied  only 
by  calling  the  attention  of  courts  and  lawyers  to  the  principles 
involved  and  thus  educating  them  to  a  better  method. 
(d)  Ihe  request  for  formulation  of  an  opinion  addressed  to  one  whose 
studies  have  not  qualified  him  to  speak  authoritatively  upon  the  special 
question  involved.  The  remedy  for  this  lies  exclusively  with  the 
expert  himself. 
(4)  It  is  not  fair  to  condemn  lawyers  for  the  abuse  and  misuse  of 
expert  evidence,  seeing  that  lawyers  can  use  an  expert  witness  for 
no  purpose  which  the  witness  refuses  to  be  used  for.  Courts  may, 
however — from  the  viewpoint  of  scientific  investigation — err  both 
in  the  admission  and  in  the  exclusion  of  expert  testimony. 
(5)  Newspapers  and  the  public  in  general  usually  do  grave  injus- 
tice to  the  members  of  our  professions,  inasmuch  as  they  do  not 
know  how  often  physicians,  chemists,  and  pharmacists,  after  exami- 
nation of  the  facts  in  special  cases,  refuse  to  testify  on  behalf  of  the 
interests  that  have  consulted  them. 
(6)  Physicians  and  pharmacists  asked  to  give  expert  testimony 
should  stipulate  that  they  are  to  tell  the  whole  truth  and  to  answer 
frankly  and  fully  the  questions  of  counsel  on  the  other  side ;  that 
they  are  not  to  be  asked  to  lend  themselves  to  pettifogging  or 
obscuration  of  any  kind ;  that  their  opinions  are  to  be  held  subject 
to  modification  by  any  additional  facts  that  may  be  disclosed ;  and 
that  they  are  not  to  become  advocates  on  or  off  the  witness  stand. 
(7)  The  expert  or  scientific  advocate  has  an  honorable  and  useful 
field  of  work  as  assistant  and  adviser  to  counsel ;  but  his  place  in 
court  is  by  the  side  of  counsel,  not  on  the  witness  stand. 
1525  Walnut  Street. 
