Illustrations of medical evidence and trial by jury in Scotland.

Date:
1855
Catalogue details

Licence: Public Domain Mark

Credit: Illustrations of medical evidence and trial by jury in Scotland. Source: Wellcome Collection.

    38/66 (page 36)
    House Hospital. Of course in that time I have seen a vast number of cases. There was no injury of important bloodvessels or nerves or muscles further than the superficial wound on the outside. I was informed some days afterwards that the certificate had been granted in reference to that case of Clark’s. Dr Dobie told me of it. He showed me a copy of that certificate. I am not certain whether it was the same day that he mentioned it or the following day; but he did show me a copy. It appeared to me to be a medical report as to the injuries of the boy. It is expressed in the usual language of the most solemn certification for medical purposes, usual in such in¬ quiries. I am not acquainted with any more solemn form of certi¬ ficate. I brought the matter under the consideration of the Lord Advocate. My attention had been called to a system which had been introduced into the criminal court of Edinburgh, of passing over primary evidence, and preferring that which is secondary—that is to say, passing over the original attendant, and taking evidence of secondary value, or of no value at all. My attention was called to a practice of this kind in the Royal Infirmary. During the course of my attendance at the Infirmary I have given, the official authorities every information connected with patients under me. The Lord Justice-Clerk.—I cannot go into such a matter as that. Who can doubt that Professor Syme will do that in all cases, especially when called on by those who can force him to do it. We are not trying whether the practice is right or wrong. You say it is wrong because Mr Syme is ready to give every information. By Mr Patton.—This matter was brought before the College of Surgeons. A deputation was appointed to wait on the Lord Advo¬ cate on the subject. I was one of the deputation. I brought it before the College. This was before I knew anything of the certi¬ ficate. We endeavoured to point out to the Lord Advocate the bad consequences of such a system. # In answer to a question from Mr Patton, the Lord Justice-Clerk said—You may ask what was his motive. The Dean.—I take it that it was from no personal. motive, as Professor Syme states in his letter. I am not going to impute any personal motive. The Lord Justice-Clerk.—You had better put the general ques- tion—In writing these letters, commenting on the certificate, had you so and so ?