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.

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    leged, whoever publishes anything injurious to another, and does not undertake to prove it, what he pul dishes is presumed to be false and calumnious. Therefore but for these issues taken by the de¬ fender, the line of defence, and the arguments used, would have entitled the pursuer to a verdict in respect that the defender had not disputed that the words employed in the passages in each of the issues complained of are injurious, and have the meaning that is imputed to them by the pursuer. But really, gentlemen, in this case you must see that it is impossible to separate, at least for the defender to separate, the consideration of the issues of the pursuer from the issues which he himself has taken in order to justify what he did say of Mr Glover, and accordingly none of the observations addressed to you have had that object—viz., to deny that Professor Syme did really assert the things which he did assert of Mr Glover. Now, gentlemen, a strong appeal was made to you as to the injurious consequences to Mr Glover if you should find for the defender upon the defender’s issues, that such a result would brand him with the imputation of falsehood ; and it was stated in still more forcible terms, would send him out of the Court branded with that declara¬ tion. Now, if you should be satisfied that the defender has made out his issues, it will not do for the pursuer to endeavour to terrify you from coming to a verdict, founded upon your opinion of the case, by saying, 66 This will be a desperate result to me,” and, u Am I, the pursuer, to be branded with falsehood ?” He ought to have thought of that, and of the true nature of the case, before he came into Court. And, therefore, if that should be the result, in point of truth and justice, in your opinion of the case, you must not allow yourselves to be withheld from doing your duty, because the pursuer finds himself in a predicament in which he must make that appeal to you. You must, however, be very well satisfied that falsehood is established against the pursuer before you can arrive at a conclusion that is, or may be, so injurious. In the next place, gentlemen, you must throw out of view entirely all this discussion, which seems to be so completely in the mind of the defender, Professor Syme, that it appears to have taken entire possession of the mind of his counsel, regarding the propriety or impropriety of the public authorities sending a particular surgeon, whom they may appoint for that pur¬ pose, to ascertain the matter of fact, which alone was to be ascertained here—viz., whether the boy was in a state of danger, and whether he could undergo, with safety, an examination by the sheriff; be-