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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    he had done something which he had not done. Now, gentlemen, throwing aside the whole of these matters, and taking up this, case as between Mr Glover and Mr Syme—the one entitled to justice if he was slandered—the other bound to answer for it if he has com¬ mitted that slander, and undertaken to justify it, and to prove that what was in itself libellous was true—as between these two parties, what is this case ? It seems to be as simple a matter as can be brought under the consideration of a jury. Mr Glover sends to the Superintendent of Police a letter in these terms: Edinburgh, 21st March 1853. I hereby certify, on soul and conscience, that I this day examined Patrick Clark, aged about eleven years, lying at the Royal Infir¬ mary, and find he has a large lacerated wound of the soft parts, on outside of his left leg, and a fracture of the bone a little above the ankle; that his life is in danger, and that he is in a fit state to emit a declaration. (Signed) Geo. Glover, Surgeon. Now, are any of these matters alleged to be false—the large lacerated wound, the fracture of the bone, that the boy s life was in danger, and that he was in a fit state to make a declaration ? Dr Dobie gave that information to Mr Glover. He thought he was in a fit state to undergo an examination. I shall immediately speak to the question otherwise, but from Mr Syme’s clerk that information was directly obtained; and now Professor Syme turns round, and says that this gentleman is to be accused of falsehood, and found to be uttering falsehood by you, because he wrote that which, if they had sent to Mr Syme’s assistant, Dr Dobie would himself have stated. That is somewhat hard on Mr Glover. Oh! but, says Dr Dobie, who, I think, seems to be the origin of the whole of this matter, that certificate is quite false ; it struck me so the moment I took a copy of it from that stupid sheriff’s-officer who took it there, and brandished it about, and showed it to all the officials of the Infirmary; it is all false on the part of Mr Glover, because he says I find so and so. Now, Dr Dobie instantly interpreted that to mean that he examined the limb, so as himself to find this ; but as he did not do this, the certificate is false in that respect. Gentlemen, I think it will be difficult to persuade you, considering the object of the cer¬ tificate, which I shall state to you presently, that you should convict