Volume 1

Text-book of forensic medicine and toxicology / by Arthur P. Luff.

  • Arthur P. Luff
Date:
1895
Catalogue details

Licence: Public Domain Mark

Credit: Text-book of forensic medicine and toxicology / by Arthur P. Luff. Source: Wellcome Collection.

    23/462 page 5
    With regard to the duties of a medical man, when a dying person desires to make a declaration; if a magistrate or other legal functionary be present, his only duty is to give an opmion asto the state of the dying person's mind, Ic. whether he ba m a sound mental condition or otherwise ; but if no legal functionary be present, then it is the duty of the medical man to receive the declaration or confession; but lie should be careful not to be officious in extracting information, and to simply write the identical words voluntarily uttered by the sick person; then, after reading the confession over to him, he should, if pos- sible, get the dying person to sign it. In the event of the injuries being so severe and death so sudden that there is no time to write down the words of the dying man, then (whilst endeavouring to prolong life) it is the duty of the medical man to listen quietly to such statements as the dying person may make, and as soon as possible to commit them to writing. If other persons have been present and have heard these statements, this written account should be read over to them, and they should attest the veracity of the statements by attaching their signatures thereto. In such a case, it is allowable for word of mouth evidence of a dying declaration to be given, but greater weight is always attached to those statements that are taken down in m-iting in the presence of witnesses. Since, as was previously stated, in order to make the declarations admissible as evidence, death must have ensued, it follows that, if a person w4io has made a dying declaration recovers, the confession necessarily ceases to have any legal force. As has been akeady pointed out, the law makes an exception in the case of a dying person to the tendering of evidence on oath, since it assumes that, with the conviction of approaching death, he must feel himself under as solemn an obligation to tell the truth as if he were giving evidence on oath in the witness-box. If, however, after making a dying declaration a person should recover, then he resumes liis normal condition with respect to the law, and must tender his evidence on oath in the witness-box.
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