diff options
| author | nfenwick <nfenwick@pglaf.org> | 2025-01-25 06:35:38 -0800 |
|---|---|---|
| committer | nfenwick <nfenwick@pglaf.org> | 2025-01-25 06:35:38 -0800 |
| commit | 3b1513f973921f7d8762dfe46a47c3677a5fd47a (patch) | |
| tree | 0a368cacd57e1bb12d4b1de8e3bbf7f007769725 | |
| parent | 5b8d9e3b7a217dfaa078b9a9d3f1b933f835eec1 (diff) | |
| -rw-r--r-- | .gitattributes | 4 | ||||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 | ||||
| -rw-r--r-- | old/69556-0.txt | 1710 | ||||
| -rw-r--r-- | old/69556-0.zip | bin | 24936 -> 0 bytes | |||
| -rw-r--r-- | old/69556-h.zip | bin | 774001 -> 0 bytes | |||
| -rw-r--r-- | old/69556-h/69556-h.htm | 2509 | ||||
| -rw-r--r-- | old/69556-h/images/cover.jpg | bin | 745340 -> 0 bytes |
8 files changed, 17 insertions, 4219 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..7b41e79 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #69556 (https://www.gutenberg.org/ebooks/69556) diff --git a/old/69556-0.txt b/old/69556-0.txt deleted file mode 100644 index eee720c..0000000 --- a/old/69556-0.txt +++ /dev/null @@ -1,1710 +0,0 @@ -The Project Gutenberg eBook of Golden rules of medical evidence, by -Stanley B. Atkinson - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: Golden rules of medical evidence - "Golden Rules" Series. No. XVI. - -Author: Stanley B. Atkinson - -Release Date: December 16, 2022 [eBook #69556] - -Language: English - -Produced by: Bob Taylor and the Online Distributed Proofreading Team at - https://www.pgdp.net (This file was produced from images - generously made available by The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK GOLDEN RULES OF MEDICAL -EVIDENCE *** - - - - - - Transcriber’s Notes - Italic text displayed as: _italic_ - Bold text displayed as: =bold= - - - - - GOLDEN RULES - - OF - - MEDICAL EVIDENCE. - - BY - - STANLEY B. ATKINSON, - M.A., M.B., B.Sc. - - _of the Inner Temple, Barrister-at-Law; - a Justice of the Peace for the County - of London; Hon. Sec. of the - Medico-Legal Society_ - (_London_). - - - _“GOLDEN RULES” SERIES. No. XVI._ - - - Bristol: - JOHN WRIGHT & CO. - London: - SIMPKIN, MARSHALL, HAMILTON, KENT & CO., LTD. - - - - - PREFACE. - - -The science, the art, and the correct estimation of the value of -Medical Evidence is the province of Forensic Medicine. - -It is hoped that this little book will aid the General Practitioner -when he is called upon to offer medical testimony, so that the -ancient inquest jury especially may fully appreciate the bearing of -the technical facts he narrates. Those who pose as “experts,” should -_ipso facto_ be themselves authorities on the matter and the manner -of bearing testimony. - - STANLEY B. ATKINSON, - - _10, Adelphi Terrace, W.C._ - - - - - INDEX. - - PAGE - - Alleged drowning, uncertainty concerning, 47 - - — overlaying, uncertainty concerning, 47 - - — still-birth, uncertainty concerning, 47 - - - Blood-circulation preceding sudden death, 48 - - - Civil actions, the fees in, 44 - - Common witnesses of facts, 8 - - Coroner’s court, constitution of, 8 - - — — the fees in, 39 - - Criminal proceedings, the fees in, 41 - - - Dead, the examination of, 21 - - Deglutition and peristalsis preceding sudden death, 48 - - Drawing up a medico-legal report, 24 - - - Evidence, classes of, 8 - - — given before entering court, 10 - - — in court after being sworn, 30 - - — in court before being sworn, 28 - - Examination of the dead, 21 - - — of the living and the dying, 18 - - — of the living, dying, and dead, 17 - - Expert witnesses, 9 - - - Fees, the rules as to, 39 - - - Hearsay testimony, when receivable, 50 - - - Limitations imposed by inadequacy of knowledge, 46 - - Limitations to medico-legal evidence, 45 - - Living and dying, the examination of, 18 - - - Manner, the, of giving medical evidence, 30 - - Matter, the, to be given in medical evidence, 33 - - Medical certificates, when not to be given, 11 - - — evidence, the manner of giving, 30 - - — — the matter to be given, 33 - - Medico-legal report, the manner of, 24 - - — — the matter of, 26 - - - Neuromuscular action and sudden death, 49 - - - _Post-mortem_ evidence, limitations of, 47 - - Precautions under suspicious circumstances, 52 - - Preparation of evidence, 14 - - Preparing and giving evidence, 10 - - - Respiration preceding sudden death, 48 - - Rules as to fees, 39 - - — of evidence, limitations imposed by, 45 - - - Slow poisoning, if suspected, how to act, 52 - - Stepping stones of medical evidence, 57 - - Sudden death, vital activities preceding, 48 - - Suicide, threatened or attempted, 54 - - - To escape attending as witness, 13 - - - Vital activities preceding sudden death, 48 - - - Witness, to escape attending as, 13 - - Witnesses, classes of, 8 - - - - - _Golden Rules of Medical Evidence._ - - -Every legally qualified and registered medical practitioner in actual -practice in or near the place where the death in question happened, -by the Coroners Act, 1887, may be summoned by the Coroner to give -medical evidence as to the cause of that death. Thus medical men may -be compelled to practise medical jurisprudence if called upon so to -do. With the growth of knowledge and exact observation, the weight -which is attached to medical evidence has increased proportionately. -It is still true, however, that “the exercise of a sound judgment, -which is of far more value in medico-legal matters than all the -substance of all the ancient _medicina forensis_, must be our guide.” - -The =Coroner’s Court= differs from other tribunals in that, -primarily, it conducts an enquiry to which there are no formal -parties. The evidence received by this Court is on that account much -less bound by technical rules. - - - CLASSES OF MEDICAL EVIDENCE AND WITNESSES. - -_The evidence of_ - -=I. Common witnesses of Facts which they have observed.= They -state the minor premiss of the forensic argument. Those who can -describe technical matters which they have seen are _skilled common -witnesses_: medical men usually appear in court as skilled witnesses. -Job’s “I shall see for myself, and my own eyes shall behold, and not -another,” indicates the correct attitude of a common witness of fact. - - -_The testimony of_ - -=II. Expert witnesses concerning their Opinions.= They state the -major premiss of the syllogism, whose conclusion is found in -the verdict of the jury. All expert witnesses should be skilled -witnesses. Experts sometimes become common witnesses when examined -as to exhibits produced in court. The weakness of expert testimony -is, in practice, its _ex parte_ nature. Medical men called to give -evidence as to fact, must beware of being unconsciously drawn into -offering expert testimony. - - - - - I. PREPARING AND GIVING EVIDENCE. - - - =A. BEFORE ENTERING COURT.= - -Notify directly to the Coroner all deaths, the certificate of the -cause of which you are unable to sign (persons found dead—whose death -was caused or hastened by accident or injury—who have died without -recent medical attendance—who, although attended by a registered -medical practitioner during the last illness, have died in such a -manner or at such a time, that the medical man is unable to assign a -cause of natural death, or for some good reason declines to certify -the cause). - -Most of the cases in which you give medical evidence are those in -which you have declined to sign a certificate of the cause of death. - -There are also those cases in which the relatives object to your -treatment, and those in which the registrar refers your certificate -to the Coroner. - -The fact that the account for professional services rendered is -likely to be unpaid is =not= a good reason for refusing to sign a -death certificate. - -=Decline to give medical certificates= to police-constables or to -solicitors’ clerks gratuitously, and without authority being shown. - -Demand a formal interview by appointment during professional hours -with a responsible superior; otherwise you may receive no fees. - -Volunteer no private information, and express no opinion in public, -concerning medico-legal causes with which you are not personally -concerned; otherwise you may be _sub-pœna’d_ to support your views. -If you know facts which will aid the execution of justice, give a -=hint to the police= either yourself or by a medical friend. - -Give information _viva voce_ or in letters marked “private.” Never -write an unofficial opinion. “Do right, and don’t write—then fear -nothing.” - -Should you receive threatening letters, demanding blackmail, or -otherwise without reasonable cause, at once put them into a good -solicitor’s hands. “Let this action be a lesson for all men to stand -boldly forward—to stand on their character—and not, by compromising -a present difficulty, to accumulate imputations on their honour.” -Associate yourself permanently with a Medical Defence Society. - -Unless in self-protection, or at the request of patients, do not -appear in court without having been properly served with a formal -_sub-pœna_. - -Do not fail to attend after receiving a formally served _sub-pœna_, -on peril of contempt of court and an action for resulting damages -on the part of the litigant calling you as a witness. You need not -afford a _precis_ of your evidence. “He [or they] must be satisfied -with impromptu answers.” When in doubt or difficulty, seek at once -the best legal advice possible. - - - TO ESCAPE ATTENDING AS A WITNESS: - -=In Coroners’ Courts.= Written certificates are usually accepted in -Coroners’ Courts from members of hospital staffs and from general -practitioners concerning the absence from ill-health of witnesses or -jurymen; the nature of the illness need not be specified. In higher -Courts personal attendance and evidence upon oath are necessary. - -=In Civil Courts.= If an appeal to the solicitor fails, you may -state that your memory of the events in question is vague, and when -prompted you may find that the facts as known to you are quite -hostile to his client’s claim. - -You may decline to offer “=expert opinions=”—a direct interference -with the facts and circumstances of the case alone =qualifies= you as -a common skilled witness who is bound to give evidence if required so -to do. - - - THE PREPARATION OF EVIDENCE. - -“More mistakes are made, many more, by not looking than by not -knowing.” You must be ready to meet an =exhaustive interrogation= in -Court: hence it is essential that a careful clinical or _post-mortem_ -examination should be made, with the aid of all reasonable modern -apparatus, and that what is known professionally concerning the -matters in hand should be revised from modern text-books: your -knowledge of pathology must be up-to-date. “You must know a thing -before you suspect it, and you must suspect a thing before you find -it.” - -=Remember= you are not a partisan: value accuracy of observation and -of statement as you do your professional reputation. - -You must be prepared to =explain facts and conclusions clearly= to a -body of laymen. - -=Beware= of mistaking a previously formed inference for a -recollection of actual fact—assumed conclusions sometimes -fallaciously suggest the real cause. “The chambermaid, in the -background, made out as much of the letter as she could, and -invented the rest; believing it all from that time forth as a -positive piece of evidence.” _Stat pro ratione voluntas_ is a fallacy -to be guarded against. - -Welcome, and even suggest, =conferences= which will avoid subsequent -public differences in medical opinions. - -Decide what exhibits and sketches you will hand in. Label, initial, -and number them. If they are returned to you after the trial, -preserve them for possible future use (e.g., pathological specimens). - -Previous to the trial keep all notes and exhibits =under lock and -key=. - -=Remember= medico-legal evidence is subject to certain -=limitations=—your “facts” may be absolute, or probable, or merely -possible (see p. 45). - -=Refresh the memory= from your clinical or other notes just before -giving evidence rather than when in the witness box. - -Any =notes read in the witness box= are open to the inspection of the -Court. They must have been made by you at the time of the event in -question, or immediately thereafter. - -All clinical notes and personal memoranda should be destroyed upon -the death of a medical practitioner, who should see that his Will -contains such a direction. - - - MEDICO-LEGAL EXAMINATION OF THE LIVING, THE DYING, AND THE DEAD. - -“The best memory is a record =made at the time=.” - -=Make a note on the spot= as to the person examined, the place, the -date, and hour of the commencement of the examination. Daylight -should be chosen. - -If possible, choose a time such that you can complete the enquiry at -one sitting, as it may be final. - -Where criminal charges may arise, =associate the police= (and, when -necessary, the relieving officer) with the case at once. If called -by a police-constable, do not fail to note down his number (from his -collar). - -=Decline= to perform technical processes which are probably beyond -your skill: thus the Coroner will usually secure the permission of -the County Council for analyses in suspected poison cases. - -=Exclude lawyers and curious laymen=, but invite another medical man, -especially if your own previous actions may be in question. - -Whatever you discover must be =kept secret= until you give evidence -in court. As a matter of courtesy, the Coroner may be informed -privately, before the inquest is held, of any unexpected or grave -results; do not, however, inform press men. - - - MEDICAL EXAMINATION OF THE LIVING AND OF THE DYING, FOR THE PURPOSE - OF EVIDENCE. - -All persons examined physically =must be informed= of, and =consent= -to, the purpose and possible legal consequences. - -Never take directions from a third person (e.g., police, magistrate, -employer). - -If a =further examination= may be necessary (e.g., under an -anæsthetic), that fact should be stated. - -=Witnesses= should be present, especially in the case of the -examination of females. - -=Do not send written certificates= to third persons as to the result -of the examination, unless (1) In an open envelope, having read the -certificate to the patient who takes it to its destination; (2) After -having received the written consent of the patient so to do. - -The payment of the fee by a third person does not absolve from the -rule of professional secrecy. - -The symptoms and =feelings of a patient= are sometimes admitted as -(hearsay) testimony from a medical witness, especially where the -former is dead. =Letters= from a patient to a medical man containing -such statements are not allowed. - -A =confession= (which must be quite voluntary) or a =dying -declaration= (from the lips of a victim of homicide convinced -of impending death) made in the hearing of a medical man should -be noted down at once, word for word, and, in the absence of a -magistrate, signed by all persons present. Should death be imminent -after a criminal assault (which includes abortion), the medical man -should urge the victim to make such a dying declaration. - -If a patient is sent to gaol or an asylum, communicate at once, but -privately, with the medical officer should you know of any =mental or -physical abnormality=. - - - EXAMINATION OF THE DEAD. - -=Do not order the removal= of a dead body; leave that duty to the -police or to the Coroner’s officer. - -=Forbid=, however, any disturbance of a body to which you are called -until you have seen it and the circumstances. - -1. Where the Coroner orders “evidence touching the external -appearance of the body, and the cause of the death”: - -The body should be identified in your presence; if it cannot be -identified, special care must be taken with the inspection. A -photograph should be taken at once. - -The appearance of the corpse, both when clothed and when stripped, -must be noted. - -In all cases the probable time of the death must be estimated. - -The presence and nature of parasites must be recorded. - -Should the cause of death still =remain obscure= after a complete -inspection, the Coroner should be informed of the fact and requested -to order an anatomical _post-mortem_ examination of the body. - -2. Where the Coroner orders a =full post-mortem examination=, thus: - - “You are required to make or assist in making a _post-mortem_ - examination of the body, which shall comprise an examination of - the viscera of the head, chest, and abdomen, and, if necessary, an - analysis of the contents of the stomach, and report thereon at the - said inquest.” As to the analysis, see the Home Office Circular - (Jan. 7, 1903). - -The body must not be opened until the Coroner’s order has been -received; apart from inquests the =consent of relatives= must be -secured before a body is dissected. - -Wherever manslaughter or murder is suspected, the Coroner will order -a necropsy as a matter of course. - -If the deceased’s friends =charge you with negligence= in treatment, -you must not conduct the examination. - -Do not commence =until the body is cold=; do not delay until marked -putrefaction has set in. - -Have all necessary appliances at hand; having once started =do not -leave the room= until your final note has been made and signed. - -Do not employ a hammer or a chisel. - -=Remember= that it is dangerous to attend lying-in women after making -an autopsy. - -If the mortuary attendant does the manual work you must watch each -step. - -If portions of organs are retained for subsequent examination, have -the fact witnessed. - - - DRAWING UP A MEDICO-LEGAL REPORT. - -In most cases the witness must recite the report in open court. - -For a complete investigation three sets of facts must be collated: - -1. The details of the environment of the corpse, when and where first -seen. - -2. The personality and personal history of the deceased. - -3. The result of an exhaustive external and internal _post-mortem_ -examination. - - -_a. The Manner of the Report_: - -Reports should be =short= and =distinct=; all unnecessary words -should be omitted. - -The paragraphs should be numbered: this facilitates reference. - -Names and figures must be written plainly, and underlined. - -=Technical terms= should be used only if the report is intended for -the use of a public authority; if used otherwise they should be -explained. - -=Beware= of writing “There is no ...” when you intend to report “I -can find no....” - -Exclude uncalled-for reasons, opinions, and comments. - -“Science is measurement.” Everything that can be, should be -=measured=. Anatomical and chronological order and exactness should -be aimed at. - -For immediate comparison, quote easily recognized English standards. - -“The _sometimes_ of the cautious is the _often_ of the sanguine, the -_always_ of the empiric, the _never_ of the sceptic: but the numbers -1, 10, 100, 1000 have but one meaning for all mankind.” - -In important cases the report should be type-written in duplicate and -signed, one copy being handed to the Court. - - -_b. The Matter of the Report_: - -The date and time of day of each examination, and the names of all -persons present thereat, should be stated. - -There must be a very sharp division made between: - -(a) =Information= received and from whom—this is hearsay. - -“Never believe what a patient says another doctor said.” - -Never sign a certificate to oblige another practitioner, without -personally examining the patient. - -(b) =Facts= found by personal examination or under personal -supervision. - -The results of a complete methodical external (anterior and -posterior) and internal investigation must be detailed; the condition -of the =diseased organs= may be recorded first, the =healthy organs= -being mentioned after, exhaustively. - -After entering all the pertinent facts, summarize the =main points=, -and conclude with the =probable cause= of the pathological conditions -found. - -=Sign= the report, affixing your medical qualifications and the -date; secure the signature of other medical men who may be present. -While in your care, keep the report under lock and key. - -Append any =sketches= or =photographs=, carefully numbered, which -elucidate the case. - -Retain an identical copy of the report for reference. - - - =B. WHEN IN COURT=, - - BEFORE BEING “SWORN.” - -All testimony given at this stage is null and void, and may render -the speaker liable to an action for defamation. Do not omit to be -“sworn” before speaking. - -Should you wish to object to giving evidence on the grounds: - - _a._ That your fee (for expenses and loss of time) has not been paid - by the solicitor calling you. - - _b._ That you are unwilling to pose as able to give “expert - opinions.” - - _c._ That you may possibly incriminate yourself:— - -this is the stage at which you should say so. - -There is now complete emancipation from “the insanitary oath.” For -the sake of public example you should decline to “kiss the Book” -unless you have brought a Testament with you. Insist on your right -either to affirm or to swear by the Scots method.[1] - - -AFTER BEING “SWORN.” - -Whatever you say in giving evidence will not render you open to an -action for slander. - -The privilege of a witness under examination is extended to a witness -making statements to a solicitor preparing his “proof.” - -State your full name and address. Then say, “I am a registered -medical practitioner”; your exact qualifications are immaterial. - - - GIVING MEDICAL EVIDENCE. - - (_Cf. Reports, p. 24._) - - - “There is matter in manner.” “Tell the truth, and make the truth - tell.” “Be the plainest man in the world in the witness box.” - “All trifles are not trifling.” “Pathology creates the doctor, as - distinct from the nurse.” - - -_The Manner._ - -Listen to the =whole question= before you attempt to reply: then -answer only what is asked. Make yourself understood. - -Don’t assume that the jury know all about the case. - -Speak audibly, slowly, deliberately, with an eye on the recording -clerk’s pen. - -Say =exactly= what you mean. - -Cultivate the power of expression and of repression. - -Be candid, courteous, dignified, and withal good humoured; =avoid= -appearing to be suspicious. - -Your =personal= disposition will count more with a jury than your -professional position; they will note looks, doubts, hesitations, -confidence, calmness, consideration, or precipitancy. - -Use =simple= and popular =terms=, otherwise you may be regarded as -speaking “either oracles or jargon.” Reserve technicalities for -cross-examination. The jury will think they understand “alcoholic -disease of the ...,” “bad disorder,” “black and blue,” “black-eye,” -“blood clot,” “blood poisoning,” “bowel,” “brain fever,” “bruise,” -“buoyant lungs,” “cancer,” “consumptive spots,” “coverings of the -brain,” “death stiffening,” “great vessel of the heart,” “gullet,” -“gut,” “hardened liver,” “hardening of valves,” “inflammation or -congestion of the ...,” “overloaded with fat,” “shrunken kidneys,” -“skull-cap,” “stroke,” “swallow,” “sweet-bread,” “windpipes.” - -Don’t worry about the =technical rules= of evidence; in the Coroner’s -Court they are seldom applied strictly. - -Insist on answering double-barrelled questions “=Yes= AND =No=” if -necessary. - -Do not argue with Counsel; “disagree without being disagreeable.” “A -large experience is not all experience,” and what you call “a rare -case” may reflect upon your limited experience. - -An early “I =don’t= know” is better than a late “I =did not= know.” -If you “don’t know,” do not be trapped into guessing. Beware of -“argumentative figures.” - - -_The Matter._ - -If unable to decide as to the cause of death without a _post-mortem_ -examination, tell the jury so at once; the most experienced -pathologist will do so the most often. Thus you may tell them, by -way of apology, that any organ of the body may be ruptured without -external signs of injury being apparent. - -Distinguish =what you have been told= from what you have found by -personal examination. - -A knowledge of the facts differs from a knowledge of the records of -those facts. - -State what you =knew professionally= as to the health and the habits -of the deceased, but do not condescend to detail; it is sufficient to -say, “I treated him,” or “I prescribed;” you need not specify =how= -unless required so to do. - -Don’t offer any explanations unless directly asked; decline to give -“expert opinion” testimony unless you feel fully competent so to do. - -The jury value evidence by the exactness of statement of, and the -powers of observation evidenced by, a witness. Little benefit is -gained by cross-examining one who is obviously telling the plain -truth. - -Don’t exaggerate or estimate—“blessed are the pure in fact” in a law -court; in measurements and descriptions be accurate, quoting figures -where possible. - -You must answer =all questions= put to you, excepting such as would -tend to incriminate yourself; before you answer such questions, the -Coroner must warn you of the possible legal consequences if you -answer. - -There are no medical secrets which may be kept between a patient -and his medical adviser when they are probed in a court of law: if, -however, you strongly object to answer, appeal to the President of -the Court, or answer in writing. - -Think twice before adversely criticizing the actions of another -medical man; remember, =symptoms and signs may alter= from day to day. - -You may not quote text-books of living authors, but you may say what -authors support your view. - -If a text-book is quoted for or against you, =strictly verify= the -text, the context, and the date of publication, before affirming or -denying the quotation. - -After giving evidence, hand in the labelled and numbered =exhibits= -which have been handed to you by the police or found by yourself. -“Real evidence” is, however, capable of fallacious handling, e.g., -“Here’s the note! I made it at the time!”—but _did_ you? - -It may be wise to take an “anatomical” skull into court for -illustration. - -The body of the Coroner’s officer is always available for ocular -=demonstrations= to the jury of the sites of injuries, etc. - -If any important point has been omitted by the questions (e.g., of a -non-medical Coroner), volunteer the undisclosed information which you -possess. - -In conclusion, state the probable =cause of death=, especially -assuring the jury if it was, in your opinion, natural; and if it -could have been retarded by efficient medical advice. - -Beware of being didactic on non-medical matters; such action is a -fruitful source of the “differences of doctors.” - -Before leaving the witness-box, =compliment= the conduct of the -police or other persons who rendered worthy “first aid” to the -deceased man. - -“The best brief is a copy of the depositions.” When criminal or civil -proceedings are likely to follow an inquest, carefully read over -and correct where necessary your depositions as taken down by the -Coroner’s clerk; initial any alterations you make, then sign them as -a correct record. Never sign any statement without having perused it -previously. - -You can thus readily _identify the depositions_ later, when you may -have to repeat your evidence in a higher Court where counsel will -have scrutinized minutely not only the _facts stated_ but also the -_facts as stated_: and so will be able to criticize keenly your -second version. - -In criminal cases the Coroner will _bind over_ the medical witness by -recognizance to appear at the trial and give evidence; usually such -cases are taken first at the Assizes. - - -FOOTNOTES: - -[1] Say “I solemnly, sincerely, and truly declare, and affirm, that -I will tell the truth, the whole truth, and nothing but the truth”; -_or_, raising the right hand, say: “I swear by Almighty God, as I -shall answer to God at the last day of Judgment, I will tell the -truth, the whole truth, and nothing but the truth.” - - - - - II. RULES AS TO FEES. - - -=No fee= can be claimed for merely =volunteered= information, given -either in Court or previously. - -If you attend the Court after being _sub-pœna’d_, the fee is due, -even should =no evidence= be called for. - -=Do not= sign a receipt before you have received the money. - -Apart from agreement to the contrary, an assistant or _locum tenens_ -must hand his fees to his principal. - -Where the authorities =compel attendance= in the public interest, -definite fees are scheduled: if you appear on behalf of the prisoner, -the plaintiff, or the defendant, a =private arrangement as to fees= -(preferably in writing) must be made between the solicitor and -yourself. - - - =1. THE CORONER’S COURT.= - -There is =no fee= allowed for the =preliminary enquiry= and report to -the Coroner; he can allow a fee only at an inquest. - -No fee will be paid for an unordered anatomical _post-mortem_ -examination. - -=Only one= medical witness is called by the Coroner; additional -evidence may be ordered by the inquest jury. - -A second fee is =not allowed= for attendance at an adjournment. - -A _post-mortem_ examination must =not be conducted= by one accused on -oath of negligently causing the death in question. - -No fee, for evidence or for _post-mortem_ examination, is payable -to the medical officers (even if honorary) of voluntary medical -institutions where the deceased died under the care of the officer; -his attendance may, however, be excused if he sends a certificate as -to the facts to the Court. - -_No fee allowed_: Lunatic Asylum; Public Hospital or Infirmary -(including Cottage Hospitals). - -_Fee usually allowed_: Prison; Parochial Infirmary. - -Where the deceased was “brought in dead,” the usual fees may be -claimed by medical officers of institutions. - -Travelling expenses seldom can be due to medical witnesses at -inquests. - -In =criminal cases= the Treasury may send down recognized experts. - -_Fees_: For giving medical evidence after inspecting the body: ONE -GUINEA. - -For giving evidence after performing a necropsy in accordance with -the Coroner’s order (or upon direction of the majority of the jury): -TWO GUINEAS. - -_Fine_: FIVE POUNDS is the penalty for disobeying the Coroner’s -instructions. - - - =2. CRIMINAL PROCEEDINGS.= - - - (_Vide_ Home Office Order as to allowances for professional evidence - in criminal prosecutions, 1903.) - - -For common skilled witnesses in petty sessional and police courts, at -quarter sessions, and at the assizes, certain maximum =allowances= -are specified; it is left to the Clerk of the Court to decide the -actual fee in each case. - -For =expert= testimony or highly skilled evidence the fee rests with -the Court or the Treasury. - -For attending to give professional evidence =in the town= or place -where the witness resides or practises: If the witness - - 1. Attends to give evidence in one case only, not more than =one - guinea= per diem, even if a disagreeable examination has been - necessary in order to qualify as a witness. - - 2. Gives evidence on the same day in two or more separate and - distinct cases, not more than =two guineas=. - -For attending =elsewhere= than in any town or place where the witness -resides or practises, whether in one or more cases, not more than -=two guineas= per diem. “Place” here means the area within a radius -of three miles from the Court. - -No full-day allowance shall be paid unless the witness is necessarily -detained away from his home for =at least four hours= for the purpose -of giving evidence, otherwise he shall receive not more than one-half -of the full-day allowance. - -The fare actually paid is usually allowed to a witness as travelling -expenses. - -A medical witness, while staying within the precincts of the Court, -may be ordered to assist with his professional services. - -In case of dispute, the Home Secretary, Whitehall, S.W., should be -applied to forthwith. - - - =3. CIVIL ACTIONS.= - -If your services are required by =one party= to a suit, it is for you -to arrange terms; the solicitor is not himself liable. =A guinea= -per diem usually is regarded as the minimum fee; travelling expenses -(which should be paid in cash previous to the journey) are additional. - -You can =demand= payment (in Court) before you consent to be “sworn” -as a witness; having been “sworn” you are bound to give your -evidence. - - - - - III. SOME LIMITATIONS TO MEDICO-LEGAL EVIDENCE. - - - =1. IMPOSED BY RULES OF EVIDENCE.= - -A medical witness, =as such=, cannot give evidence which will -influence the Court to show - - 1. That a woman is past the age for procreating and bearing children. - - 2. That a child born nine months after lawful wedlock is - illegitimate. - - 3. That, in the absence of eye-witnesses, a newly-born dead child was - live-born. - - 4. That in a common disaster a certain person must have died last. - - 5. That children under seven can commit an indictable offence. - - - =2. IMPOSED BY INADEQUACY AND UNCERTAINTY OF KNOWLEDGE.= - - 1. The presence of gonorrhœa cannot be established by microscopical - evidence. - - 2. A small mammalian blood-stain cannot be sworn to be “human.” - - 3. In a case of sudden death you cannot state whether a bruise was - inflicted immediately before or immediately after the death. - - 4. The sex of a very old or a very young skeleton cannot be - determined. - - 5. The age of a skeleton, after complete ossification, is guess-work. - - 6. Death cannot be affirmed until putrefaction sets in. - - 7. Pregnancy must not be asserted until quickening has been felt, or - the fœtal parts are palpable. - - 8. Affiliation to putative parent from personal resemblance is - insufficient. - - - =3. CASES WHERE A POST-MORTEM EXAMINATION IS NECESSARY TO TEST.= - - 1. _Alleged Drowning_: otherwise in the absence of eye-witnesses - of the fatality, “found dead in the water” is the only logical - conclusion. - - 2. _Alleged Overlaying_: otherwise “found dead in bed with the - parents” should be the “open verdict.” - - In 1 and 2, cardio-respiratory diseases must be noted. - - 3. _Alleged Still-birth_: for although live-birth cannot thereby be - proved in the absence of direct eye-witnesses, the lungs may have - functioned. - - 4. Anatomical _post-mortem_ examinations should be performed wherever - possible in medico-legal cases; they are essential in alleged - criminal homicide. - - - - -IV. VITAL ACTIVITIES WHICH MAY HAVE IMMEDIATELY PRECEDED SUDDEN DEATH, - - 1. _Respiration_: Soot or froth may be in the mouth, trachea, or - nostrils. - - 2. _Deglutition and Peristalsis_: Local water or blood may have been - swallowed; food may be in the stomach (e.g., of the newly-born); - vomit or fæces may have been voided; salivation may have been - profuse. - - 3. _Blood-Circulation_: Much blood may have been lost, possibly - having “spurted” (e.g., in the newly-born); the heart and vessels may - be empty; there may be true extravasation into or hyperæmia of the - tissues (a microscope will reveal reaction to an irritant); the veins - may be swollen on the distal side of a ligature; the blood may give - spectroscopic tests for poisonings. - - 4. _Neuromuscular_: Articles may be clutched e.g., weapons, grass (“a - drowning man catches at a straw”), hair, mud; _cutis anserina_ may be - present; _emissio seminis_ or abortion may have occurred; the eyelids - are usually open at death; children are usually born with the eyelids - sealed. - - - - - V. HEARSAY TESTIMONY: - - MEDICO-LEGAL EXCEPTIONS TO THE GENERAL RULE WHICH FORBIDS THE - RECEPTION IN COURTS OF SUCH TESTIMONY. - - - 1. The rule is not strictly observed in the Coroner’s Court, wherein - an enquiry, and not a trial between parties, is held. - - 2. Formally recorded dying declarations; the medical adviser often - hears “the last whisper of life.” - - 3. Spontaneous and voluntary confessions are sometimes made to - medical men. - - 4. Where the statement in question was part of the proceedings under - investigation, thus: - - _a._ The complaints and natural expressions of a patient as to what - he feels: his words aid in deciding the course of treatment. - - _b._ The natural expressions of a frightened person, who has not - had time to concoct a lie: thus after personal injuries, indecent - assault, or rape. - - - - - VI. PRECAUTIONS TO BE OBSERVED UNDER SUSPICIOUS CIRCUMSTANCES; - -WHICH MAY TERMINATE IN THE CORONER’S COURT, AND NEED MEDICAL EVIDENCE. - - -The primary duty of a medical man is to treat every patient _as a -patient_. - - -=1. Chronic or slow poisoning= (including alcoholic). - -_Cautions._ Try all possible preventive means before announcing the -suspicion; do not move until your ground is quite sure: otherwise an -action for defamation of character may result. - -The family medical man must not be misled by the suspicions of -weak-minded or alcoholic patients; he must exclude every possibility -of an accidental origin of the symptoms. He should know the several -personalities of his patient’s families. - -The symptoms may appear during medical treatment: poison being -substituted as “a lingering dram.” - -If convinced, by repeated examination of the patient’s food and -excreta, by his symptoms, and by the conduct of the suspected person, -that the influence of poison is at work, let it be understood by -the patient’s friends that you are not satisfied with the progress -made: suggest the possibility of an accidental poisoning. Do not, at -present, associate any name as the culprit; suggest a consultation -with a medical friend. - -Have the patient placed under the constant care of day and night -nurses, who, although being instructed to administer personally all -food and medicine, need not know at first your suspicions. If the -line of defence is circumvented, or is impossible, have the victim -removed to a nursing home, or to a hospital. - -Your suspicions, without mentioning any name, should be told _viva -voce_ to the relatives of the poisoned person, to his solicitor, -or to the suspect himself. If this course is futile, the name can -be introduced in the information given to these persons, to the -patient himself, or, finally, to a magistrate, or to the police. -Should the victim die, the Coroner should be asked to order an expert -toxicological examination of the body of the deceased. - - -=2. Threatened suicide.= - -“There is a rule of life far higher than professional etiquette—a -duty that every right-minded man owes his neighbour—to prevent the -destruction of human life.” - -“Sign an urgency certificate, so that the patient can be detained -in his own house legally. Any step which is taken, which is in good -faith, with the intention of certifying, is justified, and is covered -by the law.” - - -=Attempted suicide.= - -Special care must be taken to prevent a further attempt by constant -unobserved watching. Delirious, melancholic, suicidal, and mentally -defective patients are preferably placed on the ground floor. - - -3. Where a patient dies suddenly from a cause which is obviously not -the one under treatment—as when anæsthetized, or after an operation. - -Enumerate to the friends the possible explanations of the fatal -issue. Affirm that there is no reason to have expected any one of -them, and that all the usual precautions had been taken. - -Report to the Coroner, or advise, where such report is considered -unnecessary, that an anatomical _post-mortem_ examination should be -conducted for the satisfaction of all parties concerned. - - - - - VII. SOME STEPPING-STONES OF MEDICAL EVIDENCE. - - - 1200 Pledge to answer truly appears. - - 1215 Trial by Ordeal abolished. - - 1275 The Coroner’s Ordinance. The inquest jury were the witnesses - also; inspection of external appearances was alone necessary - for the jury’s _post-mortem_ examination. - - 1290 The Court, after being advised by physicians, direct the jury - as to the legitimacy of a posthumous child. - - 1345 The Sheriff is directed to summon the foremost London medical - men to consider the severity of a recently inflicted wound. - - 1354 A charge of surgical malpraxis narrated in the City Records. - - 1450 Common witnesses are summoned to appear before the jury. - - 1506 Dispute as to the province of the Court or the surgeon to - decide upon the severity of a wound. - - Anatomical _post-mortem_ examinations occur, though pathology is - primitive. “Searchers.” - - 1542 Thomas Vicary advises the Lord Mayor in a case of battery. - - 1562 Witnesses summoned _sub-pœna_. - - 1575 Ambrose Paré publishes typical “medico-legal reports.” - - 1632 College of Physicians report in full on a corrosive poisoning - case. - - 1665 Sir Thomas Browne affirmed in Court his belief in witches. - - 1699 Baron Hatsell objects to Dr. Crell quoting “Ambros Parey’s” - opinions. - - 1723 Mr. Justice Tracey enunciates “the wild beast” theory of - responsibility in lunacy cases. - - 1767 _Slater_ v. _Baker & Stapleton_—a case of surgical malpraxis; - damages £500. - - 1781 John Hunter gives expert evidence in an alleged poisoning case: - “I can give nothing definite.” - - 1788 Samuel Farr’s _Elements of Medical Jurisprudence_. - - 1795 Matthew Baillie exposes the fallacy of “Death from polyp of the - heart.” - - 1807 Chair of Medical Jurisprudence established in Edinburgh. - - 1823 Last “cross-road” burial of suicides in England. - - 1827 Orfila doubts detection of blood-stain with the microscope. - - 1830 The first Medical Coroner elected. “A medical Crowner’s a queer - sort of thing.” - - 1831 Sir Thos. Watson lectures at King’s College Hospital, and - Swaine Taylor at Guy’s. - - 1832 The Anatomy Act, after Burke and Hare scandals. “Burke Hare - too!” - - 1836 Registration of “the cause of death” introduced. - - Sir Dominic Corrigan’s clause as to fact of death: “As I am - informed” (1874). - - 1837 The Medical Witnesses Remuneration Act allows fees for medical - evidence at inquests; inquests and autopsies increase, - pathology advances. - - 1843 Swaine Taylor’s _Manual of Medical Jurisprudence (Principles - and Practice, 1865)_. - - Rules as to the test of criminal responsibility of the insane - (McNaughten’s case). - - 1844 Rudolph Virchow’s _Die Sections-Tecknik_ commenced. - - 1845 Telegraph first used for arrest of a prisoner (Tawell). - - 1846 Anæsthetics introduced. “Gentlemen! Here is no humbug!” - - 1848 The first Public Health Act. - - 1851 Stas devises his process to detect poisoning by alkaloids - (nicotine). - - 1857 Lord Chief Justice Cockburn discredits microscopical evidence. - - 1858 “Railway shock” appears. - - The Medical Act registers medical practitioners. - - 1862 Hoppe-Seyler suggests medico-legal use of the spectroscope - (Muller’s case, 1864). - - 1863 Photography applied to surgery. (1871, criminals photographed). - - 1864 Listerism introduced. - - 1868 Crown Office (Scotland) memorandum for medico-legal examination - of dead bodies (revised 1897). - - 1883 Bertillonage employed (France). - - 1879 The first Inebriates Act. - - 1886 The triple qualification necessary. - - 1887 Retford ptomaine poisoning. - - 1888 Witnesses emancipated from “kissing the Book.” - - 1893 Phonograph heard in the Chancery Division. - - Report on Death Certification. - - 1896 Skiagram of ankle produced in an action for damages. - - 1897 Finger-print records recognized (India). - - 1897 Cinematograph used in Medicine. - - 1901 Medico-Legal Society founded. - - 1902 A “thumb-print” accepted at the Old Bailey. - - J. WRIGHT & CO., PRINTERS, BRISTOL. - - - - - “GOLDEN RULES” SERIES. - -_Waistcoat Pocket Size, Cloth_, =1s.= _each._ - - - =I.= _9th Edition._ - -GOLDEN RULES OF SURGICAL PRACTICE. By E. HURRY FENWICK, F.R.C.S. - - - =II.= _5th Edition._ - -GOLDEN RULES OF GYNÆCOLOGY. By S. JERVOIS AARONS, M.D. - - - =III.= _5th Edition._ - -GOLDEN RULES OF OBSTETRIC PRACTICE. By W. E. FOTHERGILL, M.A., B.Sc., -M.D. - - - =IV.= _7th Edition. Enlarged & Entirely Re-written._ - -GOLDEN RULES OF MEDICAL PRACTICE. By LEWIS SMITH, M.D., M.R.C.S. - - - =V.= _4th Edition._ - -GOLDEN RULES OF PSYCHIATRY. By JAMES SHAW, M.D. - - - =VI.= _3rd Edition._ - -GOLDEN RULES OF PHYSIOLOGY. By I. WALKER HALL, M.B., Ch.B. -(Vict.), and J. ACWORTH MENZIES, M.D., C.M. (Edin.). - - - =VII.= _4th Edition._ - -GOLDEN RULES OF OPHTHALMIC PRACTICE. By GUSTAVUS HARTRIDGE, F.R.C.S. - - =VIII.= _3rd Edition._ - -GOLDEN RULES OF SKIN PRACTICE. By DAVID WALSH, M.D. Edin. - - - =IX.= _3rd Edition._ - -GOLDEN RULES OF AURAL AND NASAL PRACTICE. By PHILIP R. W. DE SANTI, -F.R.C.S. - - - =X.= _2nd Edition._ - -GOLDEN RULES OF HYGIENE. By F. J. WALDO, M.A., M.D. (Cantab.), D.P.H. - - - =XI.= - - _3rd Edition. Enlarged, Double Number_, =2/-=. - -GOLDEN RULES FOR DISEASES OF CHILDREN. By GEORGE CARPENTER, M.D. -(Lond.), M.R.C.P. - - - =XII.= _2nd Edition._ - -GOLDEN RULES OF REFRACTION. By ERNEST E. MADDOX, M.D., F.R.C.S. -(Edin.). - - - =XIII.= _2nd Edition._ - -GOLDEN RULES OF DENTAL SURGERY. By CHAS. W. GLASSINGTON, M.R.C.S., -L.D.S. (Edin.). - - - =XIV.= _2nd Edition._ - -GOLDEN RULES OF ANÆSTHESIA. By R. J. PROBYN WILLIAMS, M.D. - - - =XV.= _2nd Edition._ - -GOLDEN RULES OF SICK NURSING. By W. B. DRUMMOND, M.B., C.M., -F.R.C.P. (Edin.). - - _J. Wright & Co., Publishers, Bristol._ - - - - - Transcriber’s Notes - - pg 47 Added period after NECESSARY TO TEST - -*** END OF THE PROJECT GUTENBERG EBOOK GOLDEN RULES OF MEDICAL -EVIDENCE *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for an eBook, except by following -the terms of the trademark license, including paying royalties for use -of the Project Gutenberg trademark. If you do not charge anything for -copies of this eBook, complying with the trademark license is very -easy. You may use this eBook for nearly any purpose such as creation -of derivative works, reports, performances and research. Project -Gutenberg eBooks may be modified and printed and given away--you may -do practically ANYTHING in the United States with eBooks not protected -by U.S. copyright law. Redistribution is subject to the trademark -license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country other than the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere in the United States and - most other parts of the world at no cost and with almost no - restrictions whatsoever. You may copy it, give it away or re-use it - under the terms of the Project Gutenberg License included with this - eBook or online at www.gutenberg.org. If you are not located in the - United States, you will have to check the laws of the country where - you are located before using this eBook. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm website -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that: - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from the Project Gutenberg Literary Archive Foundation, the manager of -the Project Gutenberg-tm trademark. Contact the Foundation as set -forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org - -Section 3. Information about the Project Gutenberg Literary -Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non-profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's business office is located at 809 North 1500 West, -Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up -to date contact information can be found at the Foundation's website -and official page at www.gutenberg.org/contact - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without -widespread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine-readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our website which has the main PG search -facility: www.gutenberg.org - -This website includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. diff --git a/old/69556-0.zip b/old/69556-0.zip Binary files differdeleted file mode 100644 index 27d0cef..0000000 --- a/old/69556-0.zip +++ /dev/null diff --git a/old/69556-h.zip b/old/69556-h.zip Binary files differdeleted file mode 100644 index c3945f7..0000000 --- a/old/69556-h.zip +++ /dev/null diff --git a/old/69556-h/69556-h.htm b/old/69556-h/69556-h.htm deleted file mode 100644 index c68dd7c..0000000 --- a/old/69556-h/69556-h.htm +++ /dev/null @@ -1,2509 +0,0 @@ -<!DOCTYPE html> -<html lang="en"> -<head> - <meta charset="UTF-8"> - <title> - Golden Rules of Medical Evidence, by Stanley B. Atkinson—A Project Gutenberg eBook - </title> - <link rel="icon" href="images/cover.jpg" type="image/x-cover"> - <style> - -body { - margin-left: 10%; - margin-right: 10%; -} - - h1,h2,h3 { - text-align: center; /* all headings centered */ - clear: both; -} - -p { - margin-top: .51em; - text-align: justify; - text-indent: 1em; - margin-bottom: .49em; -} - -hr { - width: 33%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33.5%; - margin-right: 33.5%; - clear: both; -} - -hr.chap {width: 65%; margin-left: 17.5%; margin-right: 17.5%;} -hr.r5 {width: 5%; margin-top: 1em; margin-bottom: 1em; margin-left: 47.5%; margin-right: 47.5%;} - -div.chapter {page-break-before: always;} -h2.nobreak {page-break-before: avoid;} - -.fs60 {font-size: 60%} -.fs130 {font-size: 130%} - -table { - margin-left: auto; - margin-right: auto; -} -table.autotable { border-collapse: collapse; } - -.tdl {text-align: left;} -.tdr {text-align: right;} - -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: small; - text-align: right; - font-style: normal; - font-weight: normal; - font-variant: normal; - text-indent: 0; - color: #A9A9A9; -} /* page numbers */ - - -.blockquot { - margin-left: 5%; - margin-right: 10%; -} - -.center {text-align: center;} - -.right {text-align: right;} - -.smcap {font-variant: small-caps;} - -.allsmcap {font-variant: small-caps; text-transform: lowercase;} - -/* Images */ - -img { - max-width: 100%; - height: auto; -} - -.figcenter { - margin: auto; - text-align: center; - page-break-inside: avoid; - max-width: 100%; -} - -/* Footnotes */ -.footnotes {border: 1px dashed; margin-top: 2em;} - -.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} - -.footnote .label {position: absolute; right: 84%; text-align: right;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - text-decoration: - none; -} - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:small; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; -} - - </style> -</head> -<body> -<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of Golden rules of medical evidence, by Stanley B. Atkinson</p> -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: Golden rules of medical evidence</p> -<p style='display:block; margin-left:2em; text-indent:0; margin-top:0; margin-bottom:1em;'>"Golden Rules" Series. No. XVI.</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Stanley B. Atkinson</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: December 16, 2022 [eBook #69556]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Bob Taylor and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK GOLDEN RULES OF MEDICAL EVIDENCE ***</div> - -<div class="figcenter" style="width: 35%"> -<img src="images/cover.jpg" alt="Cover"> -</div> -<hr class="chap x-ebookmaker-drop"> -<h1>GOLDEN RULES<br> - -<span class="fs60">OF</span><br> - -MEDICAL EVIDENCE.</h1> - -<p class="center">BY</p> - -<p class="center">STANLEY B. ATKINSON, -M.A., M.B., B.Sc.</p> - -<p class="center"><em>of the Inner Temple, Barrister-at-Law;<br> -a Justice of the Peace for the County<br> -of London; Hon. Sec. of the<br> -Medico-Legal Society</em><br> -(<em>London</em>).</p> -<br> -<hr class="r5"> - -<p class="center"><em>“GOLDEN RULES” SERIES. No. XVI.</em></p> -<hr class="r5"> -<br> - -<p class="center"><span style="margin-left: -1em;">Bristol:</span><br> -JOHN WRIGHT & CO.<br> -London:<br> -<span class="smcap">Simpkin, Marshall, Hamilton, Kent & Co., Ltd.</span> -</p> - - -<hr class="chap x-ebookmaker-drop"> - -<div class="chapter"> -<h2 class="nobreak" id="PREFACE">PREFACE.</h2> -</div><span class="pagenum" id="Page_3">[Pg 3]</span> -<hr class="r5"> - -<p>The science, the art, and the -correct estimation of the value -of Medical Evidence is the province -of Forensic Medicine.</p> - -<p>It is hoped that this little book -will aid the General Practitioner -when he is called upon to offer -medical testimony, so that the -ancient inquest jury especially may -fully appreciate the bearing of the -technical facts he narrates. Those -who pose as “experts,” should <i lang="la" xml:lang="la">ipso -facto</i> be themselves authorities on -the matter and the manner of bearing -testimony.</p> - -<p class="right"> -<span class="smcap">Stanley B. Atkinson</span>,<br> -</p> - -<p><em>10, Adelphi Terrace, W.C.</em></p> - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_5">[Pg 5]</span> -<div class="chapter"> -<h2 class="nobreak" id="INDEX">INDEX.</h2> -</div> -<hr class="r5"> - -<table class="autotable"> -<tr> -<td class="tdl"></td> -<td class="tdl">PAGE</td> -</tr> -<tr> -<td class="tdl">Alleged drowning, uncertainty concerning, -<td class="tdr"><a href="#Page_47">47</a></td> -</tr> -<tr> -<td class="tdl">— overlaying, uncertainty concerning, -<td class="tdr"><a href="#Page_47">47</a></td> -</tr> -<tr> -<td class="tdl">— still-birth, uncertainty concerning, -<td class="tdr"><a href="#Page_47">47</a></td> -</tr> -<tr> -<td class="tdl">Blood-circulation preceding sudden death, -<td class="tdr"><a href="#Page_48">48</a></td> -</tr> -<tr> -<td class="tdl">Civil actions, the fees in, -<td class="tdr"><a href="#Page_44">44</a></td> -</tr> -<tr> -<td class="tdl">Common witnesses of facts, -<td class="tdr"><a href="#Page_8">8</a></td> -</tr> -<tr> -<td class="tdl">Coroner’s court, constitution of, -<td class="tdr"><a href="#Page_8">8</a></td> -</tr> -<tr> -<td class="tdl">— — the fees in, -<td class="tdr"><a href="#Page_39">39</a></td> -</tr> -<tr> -<td class="tdl">Criminal proceedings, the fees in, -<td class="tdr"><a href="#Page_41">41</a></td> -</tr> -<tr> -<td class="tdl">Dead, the examination of, -<td class="tdr"><a href="#Page_21">21</a></td> -</tr> -<tr> -<td class="tdl">Deglutition and peristalsis preceding sudden death, -<td class="tdr"><a href="#Page_48">48</a></td> -</tr> -<tr> -<td class="tdl">Drawing up a medico-legal report, -<td class="tdr"><a href="#Page_24">24</a></td> -</tr> -<tr> -<td class="tdl">Evidence, classes of, -<td class="tdr"><a href="#Page_8">8</a></td> -</tr> -<tr> -<td class="tdl">— given before entering court, -<td class="tdr"><a href="#Page_10">10</a></td> -</tr> -<tr> -<td class="tdl">— in court after being sworn, -<td class="tdr"><a href="#Page_30">30</a></td> -</tr> -<tr> -<td class="tdl">— in court before being sworn, -<td class="tdr"><a href="#Page_28">28</a></td> -</tr> -<tr> -<td class="tdl">Examination of the dead, -<td class="tdr"><a href="#Page_21">21</a></td> -</tr> -<tr> -<td class="tdl">— of the living and the dying, -<td class="tdr"><a href="#Page_18">18</a></td> -</tr> -<tr> -<td class="tdl">— of the living, dying, and dead, -<td class="tdr"><a href="#Page_17">17</a></td> -</tr> -<tr> -<td class="tdl">Expert witnesses, -<td class="tdr"><a href="#Page_9">9</a></td> -</tr> -<tr> -<td class="tdl">Fees, the rules as to, -<td class="tdr"><a href="#Page_39">39</a></td> -</tr> -<tr> -<td class="tdl">Hearsay testimony, when receivable, -<td class="tdr"><a href="#Page_50">50</a></td> -</tr> -<tr> -<td class="tdl">Limitations imposed by inadequacy of knowledge,<span class="pagenum" id="Page_6">[Pg 6]</span> -<td class="tdr"><a href="#Page_46">46</a></td> -</tr> -<tr> -<td class="tdl">Limitations to medico-legal evidence, -<td class="tdr"><a href="#Page_45">45</a></td> -</tr> -<tr> -<td class="tdl">Living and dying, the examination of, -<td class="tdr"><a href="#Page_18">18</a></td> -</tr> -<tr> -<td class="tdl">Manner, the, of giving medical evidence, -<td class="tdr"><a href="#Page_30">30</a></td> -</tr> -<tr> -<td class="tdl">Matter, the, to be given in medical evidence, -<td class="tdr"><a href="#Page_33">33</a></td> -</tr> -<tr> -<td class="tdl">Medical certificates, when not to be given, -<td class="tdr"><a href="#Page_11">11</a></td> -</tr> -<tr> -<td class="tdl">— evidence, the manner of giving, -<td class="tdr"><a href="#Page_30">30</a></td> -</tr> -<tr> -<td class="tdl">— — the matter to be given, -<td class="tdr"><a href="#Page_33">33</a></td> -</tr> -<tr> -<td class="tdl">Medico-legal report, the manner of, -<td class="tdr"><a href="#Page_24">24</a></td> -</tr> -<tr> -<td class="tdl">— — the matter of, -<td class="tdr"><a href="#Page_26">26</a></td> -</tr> -<tr> -<td class="tdl">Neuromuscular action and sudden death, -<td class="tdr"><a href="#Page_49">49</a></td> -</tr> -<tr> -<td class="tdl"><i lang="la" xml:lang="la">Post-mortem</i> evidence, limitations of, -<td class="tdr"><a href="#Page_47">47</a></td> -</tr> -<tr> -<td class="tdl">Precautions under suspicious circumstances, -<td class="tdr"><a href="#Page_52">52</a></td> -</tr> -<tr> -<td class="tdl">Preparation of evidence, -<td class="tdr"><a href="#Page_14">14</a></td> -</tr> -<tr> -<td class="tdl">Preparing and giving evidence, -<td class="tdr"><a href="#Page_10">10</a></td> -</tr> -<tr> -<td class="tdl">Respiration preceding sudden death, -<td class="tdr"><a href="#Page_48">48</a></td> -</tr> -<tr> -<td class="tdl">Rules as to fees, -<td class="tdr"><a href="#Page_39">39</a></td> -</tr> -<tr> -<td class="tdl">— of evidence, limitations imposed by, -<td class="tdr"><a href="#Page_45">45</a></td> -</tr> -<tr> -<td class="tdl">Slow poisoning, if suspected, how to act, -<td class="tdr"><a href="#Page_52">52</a></td> -</tr> -<tr> -<td class="tdl">Stepping stones of medical evidence, -<td class="tdr"><a href="#Page_57">57</a></td> -</tr> -<tr> -<td class="tdl">Sudden death, vital activities preceding, -<td class="tdr"><a href="#Page_48">48</a></td> -</tr> -<tr> -<td class="tdl">Suicide, threatened or attempted, -<td class="tdr"><a href="#Page_54">54</a></td> -</tr> -<tr> -<td class="tdl">To escape attending as witness, -<td class="tdr"><a href="#Page_13">13</a></td> -</tr> -<tr> -<td class="tdl">Vital activities preceding sudden death, -<td class="tdr"><a href="#Page_48">48</a></td> -</tr> -<tr> -<td class="tdl">Witness, to escape attending as, -<td class="tdr"><a href="#Page_13">13</a></td> -</tr> -<tr> -<td class="tdl">Witnesses, classes of, -<td class="tdr"><a href="#Page_8">8</a></td> -</tr> -</table> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_7">[Pg 7]</span> -<div class="chapter"> -<h2 class="nobreak" id="Golden_Rules"><em>Golden Rules -of Medical Evidence.</em></h2> -</div> -<hr class="r5"> - -<p>Every legally qualified and registered -medical practitioner in actual practice -in or near the place where the death in -question happened, by the Coroners -Act, 1887, may be summoned by the -Coroner to give medical evidence as to -the cause of that death. Thus medical -men may be compelled to practise -medical jurisprudence if called upon so -to do. With the growth of knowledge -and exact observation, the weight which -is attached to medical evidence has -increased proportionately. It is still -true, however, that “the exercise of a<span class="pagenum" id="Page_8">[Pg 8]</span> -sound judgment, which is of far more -value in medico-legal matters than all -the substance of all the ancient <i lang="la" xml:lang="la">medicina -forensis</i>, must be our guide.”</p> - -<p>The <b>Coroner’s Court</b> differs from -other tribunals in that, primarily, it -conducts an enquiry to which there are -no formal parties. The evidence received -by this Court is on that account -much less bound by technical rules.</p> - -<hr class="r5"> -<h3><span class="smcap">Classes of Medical Evidence -and Witnesses.</span></h3> - -<p><em>The evidence of</em></p> - -<p><b>I. Common witnesses of Facts -which they have observed.</b> They -state the minor premiss of the forensic -argument. Those who can describe -technical matters which they have seen -are <em>skilled common witnesses</em>: medical -men usually appear in court as skilled -witnesses. Job’s “I shall see for myself, -and my own eyes shall behold, and not<span class="pagenum" id="Page_9">[Pg 9]</span> -another,” indicates the correct attitude -of a common witness of fact.</p> - - -<p><em>The testimony of</em></p> - -<p><b>II. Expert witnesses concerning -their Opinions.</b> They state the major -premiss of the syllogism, whose conclusion -is found in the verdict of the jury. -All expert witnesses should be skilled -witnesses. Experts sometimes become -common witnesses when examined as to -exhibits produced in court. The weakness -of expert testimony is, in practice, -its <i lang="la" xml:lang="la">ex parte</i> nature. Medical men called -to give evidence as to fact, must beware -of being unconsciously drawn into offering -expert testimony.</p> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_10">[Pg 10]</span> -<div class="chapter"> -<h2 class="nobreak" id="I_PREPARING_AND_GIVING">I. PREPARING AND GIVING -EVIDENCE.</h2> -</div> - - -<h3><b>A. BEFORE ENTERING COURT.</b></h3> - -<p>Notify directly to the Coroner all -deaths, the certificate of the cause of -which you are unable to sign (persons -found dead—whose death was caused or -hastened by accident or injury—who -have died without recent medical attendance—who, -although attended by a -registered medical practitioner during -the last illness, have died in such a -manner or at such a time, that the -medical man is unable to assign a cause -of natural death, or for some good reason -declines to certify the cause).</p> - -<p>Most of the cases in which you give -medical evidence are those in which -you have declined to sign a certificate -of the cause of death.</p> - -<p>There are also those cases in which<span class="pagenum" id="Page_11">[Pg 11]</span> -the relatives object to your treatment, -and those in which the registrar refers -your certificate to the Coroner.</p> - -<p>The fact that the account for professional -services rendered is likely to be -unpaid is <b>not</b> a good reason for refusing -to sign a death certificate.</p> - -<p><b>Decline to give medical certificates</b> -to police-constables or to solicitors’ -clerks gratuitously, and without -authority being shown.</p> - -<p>Demand a formal interview by appointment -during professional hours with a -responsible superior; otherwise you -may receive no fees.</p> - -<p>Volunteer no private information, and -express no opinion in public, concerning -medico-legal causes with which you are -not personally concerned; otherwise you -may be <i lang="la" xml:lang="la">sub-pœna’d</i> to support your -views. If you know facts which will<span class="pagenum" id="Page_12">[Pg 12]</span> -aid the execution of justice, give a <b>hint -to the police</b> either yourself or by a -medical friend.</p> - -<p>Give information <i lang="la" xml:lang="la">viva voce</i> or in -letters marked “private.” Never write -an unofficial opinion. “Do right, and -don’t write—then fear nothing.”</p> - -<p>Should you receive threatening letters, -demanding blackmail, or otherwise without -reasonable cause, at once put them -into a good solicitor’s hands. “Let -this action be a lesson for all men to -stand boldly forward—to stand on their -character—and not, by compromising -a present difficulty, to accumulate imputations -on their honour.” Associate -yourself permanently with a Medical -Defence Society.</p> - -<p>Unless in self-protection, or at the -request of patients, do not appear in -court without having been properly<span class="pagenum" id="Page_13">[Pg 13]</span> -served with a formal <i lang="la" xml:lang="la">sub-pœna</i>.</p> - -<p>Do not fail to attend after receiving a -formally served <i lang="la" xml:lang="la">sub-pœna</i>, on peril of -contempt of court and an action for -resulting damages on the part of the -litigant calling you as a witness. You -need not afford a <i lang="la" xml:lang="la">precis</i> of your evidence. -“He [or they] must be satisfied with -impromptu answers.” When in doubt -or difficulty, seek at once the best legal -advice possible.</p> - - -<h3><span class="smcap">To Escape Attending as a -Witness</span>:</h3> - -<p><b>In Coroners’ Courts.</b> Written certificates -are usually accepted in Coroners’ -Courts from members of hospital staffs -and from general practitioners concerning -the absence from ill-health of -witnesses or jurymen; the nature of the -illness need not be specified. In higher -Courts personal attendance and evidence<span class="pagenum" id="Page_14">[Pg 14]</span> -upon oath are necessary.</p> - -<p><b>In Civil Courts.</b> If an appeal to the -solicitor fails, you may state that your -memory of the events in question is -vague, and when prompted you may -find that the facts as known to you are -quite hostile to his client’s claim.</p> - -<p>You may decline to offer “<b>expert -opinions</b>”—a direct interference with -the facts and circumstances of the case -alone <b>qualifies</b> you as a common skilled -witness who is bound to give evidence if -required so to do.</p> - - -<h3><span class="smcap">The Preparation of Evidence.</span></h3> - -<p>“More mistakes are made, many -more, by not looking than by not knowing.” -You must be ready to meet an -<b>exhaustive interrogation</b> in Court: -hence it is essential that a careful clinical -or <i lang="la" xml:lang="la">post-mortem</i> examination should -be made, with the aid of all reasonable<span class="pagenum" id="Page_15">[Pg 15]</span> -modern apparatus, and that what is -known professionally concerning the -matters in hand should be revised from -modern text-books: your knowledge of -pathology must be up-to-date. “You -must know a thing before you suspect -it, and you must suspect a thing before -you find it.”</p> - -<p><b>Remember</b> you are not a partisan: -value accuracy of observation and of -statement as you do your professional -reputation.</p> - -<p>You must be prepared to <b>explain -facts and conclusions clearly</b> to a -body of laymen.</p> - -<p><b>Beware</b> of mistaking a previously -formed inference for a recollection of -actual fact—assumed conclusions sometimes -fallaciously suggest the real cause. -“The chambermaid, in the background, -made out as much of the letter as she -could, and invented the rest; believing<span class="pagenum" id="Page_16">[Pg 16]</span> -it all from that time forth as a positive -piece of evidence.” <i lang="la" xml:lang="la">Stat pro ratione -voluntas</i> is a fallacy to be guarded -against.</p> - -<p>Welcome, and even suggest, <b>conferences</b> -which will avoid subsequent -public differences in medical opinions.</p> - -<p>Decide what exhibits and sketches -you will hand in. Label, initial, and -number them. If they are returned to -you after the trial, preserve them for -possible future use (e.g., pathological -specimens).</p> - -<p>Previous to the trial keep all notes -and exhibits <b>under lock and key</b>.</p> - -<p><b>Remember</b> medico-legal evidence is -subject to certain <b>limitations</b>—your -“facts” may be absolute, or probable, -or merely possible (see p. <a href="#Page_45">45</a>).</p> - -<p><b>Refresh the memory</b> from your -clinical or other notes just before giving<span class="pagenum" id="Page_17">[Pg 17]</span> -evidence rather than when in the -witness box.</p> - -<p>Any <b>notes read in the witness box</b> -are open to the inspection of the Court. -They must have been made by you at -the time of the event in question, or -immediately thereafter.</p> - -<p>All clinical notes and personal memoranda -should be destroyed upon the -death of a medical practitioner, who -should see that his Will contains such -a direction.</p> - - -<h3><span class="smcap">Medico-legal Examination of -the Living, the Dying, and -the Dead.</span></h3> - -<p>“The best memory is a record <b>made -at the time</b>.”</p> - -<p><b>Make a note on the spot</b> as to the -person examined, the place, the date, -and hour of the commencement of -the examination. Daylight should be<span class="pagenum" id="Page_18">[Pg 18]</span> -chosen.</p> - -<p>If possible, choose a time such that -you can complete the enquiry at one -sitting, as it may be final.</p> - -<p>Where criminal charges may arise, -<b>associate the police</b> (and, when -necessary, the relieving officer) with the -case at once. If called by a police-constable, -do not fail to note down his -number (from his collar).</p> - -<p><b>Decline</b> to perform technical processes -which are probably beyond your skill: -thus the Coroner will usually secure -the permission of the County Council -for analyses in suspected poison cases.</p> - -<p><b>Exclude lawyers and curious laymen</b>, -but invite another medical man, -especially if your own previous actions -may be in question.</p> - -<p>Whatever you discover must be <b>kept -secret</b> until you give evidence in court. -As a matter of courtesy, the Coroner<span class="pagenum" id="Page_19">[Pg 19]</span> -may be informed privately, before the -inquest is held, of any unexpected or -grave results; do not, however, inform -press men.</p> - - -<h3><span class="smcap">Medical Examination of the -Living and of the Dying, -for the Purpose of -Evidence.</span></h3> - -<p>All persons examined physically -<b>must be informed</b> of, and <b>consent</b> to, -the purpose and possible legal consequences.</p> - -<p>Never take directions from a third -person (e.g., police, magistrate, employer).</p> - -<p>If a <b>further examination</b> may be -necessary (e.g., under an anæsthetic), -that fact should be stated.</p> - -<p><b>Witnesses</b> should be present, especially -in the case of the examination of -females.</p> - -<p><b>Do not send written certificates</b><span class="pagenum" id="Page_20">[Pg 20]</span> -to third persons as to the result of the -examination, unless (1) In an open -envelope, having read the certificate to -the patient who takes it to its destination; -(2) After having received the -written consent of the patient so to do.</p> - -<p>The payment of the fee by a third -person does not absolve from the rule of -professional secrecy.</p> - -<p>The symptoms and <b>feelings of a -patient</b> are sometimes admitted as -(hearsay) testimony from a medical witness, -especially where the former is -dead. <b>Letters</b> from a patient to a -medical man containing such statements -are not allowed.</p> - -<p>A <b>confession</b> (which must be quite -voluntary) or a <b>dying declaration</b> -(from the lips of a victim of homicide -convinced of impending death) made in -the hearing of a medical man should be -noted down at once, word for word, and,<span class="pagenum" id="Page_21">[Pg 21]</span> -in the absence of a magistrate, signed -by all persons present. Should death -be imminent after a criminal assault -(which includes abortion), the medical -man should urge the victim to make -such a dying declaration.</p> - -<p>If a patient is sent to gaol or an -asylum, communicate at once, but -privately, with the medical officer -should you know of any <b>mental or -physical abnormality</b>.</p> - - -<h3><span class="smcap">Examination of the Dead.</span></h3> - -<p><b>Do not order the removal</b> of a -dead body; leave that duty to the police -or to the Coroner’s officer.</p> - -<p><b>Forbid</b>, however, any disturbance of -a body to which you are called until you -have seen it and the circumstances.</p> - -<p>1. Where the Coroner orders “evidence -touching the external appearance -of the body, and the cause of the<span class="pagenum" id="Page_22">[Pg 22]</span> -death”:</p> - -<p>The body should be identified in your -presence; if it cannot be identified, -special care must be taken with the -inspection. A photograph should be -taken at once.</p> - -<p>The appearance of the corpse, both -when clothed and when stripped, must -be noted.</p> - -<p>In all cases the probable time of the -death must be estimated.</p> - -<p>The presence and nature of parasites -must be recorded.</p> - -<p>Should the cause of death still <b>remain -obscure</b> after a complete inspection, -the Coroner should be informed of -the fact and requested to order an -anatomical <i lang="la" xml:lang="la">post-mortem</i> examination of -the body.</p> - -<p>2. Where the Coroner orders a <b>full -post-mortem examination</b>, thus:</p> - -<div class="blockquot"> -<span class="pagenum" id="Page_23">[Pg 23]</span> -<p>“You are required to make or assist in -making a <i lang="la" xml:lang="la">post-mortem</i> examination of the -body, which shall comprise an examination of -the viscera of the head, chest, and abdomen, -and, if necessary, an analysis of the contents -of the stomach, and report thereon at the -said inquest.” As to the analysis, see the -Home Office Circular (Jan. 7, 1903).</p> -</div> - -<p>The body must not be opened until -the Coroner’s order has been received; -apart from inquests the <b>consent of -relatives</b> must be secured before a -body is dissected.</p> - -<p>Wherever manslaughter or murder -is suspected, the Coroner will order a -necropsy as a matter of course.</p> - -<p>If the deceased’s friends <b>charge you -with negligence</b> in treatment, you -must not conduct the examination.</p> - -<p>Do not commence <b>until the body is -cold</b>; do not delay until marked putrefaction -has set in.</p> - -<p>Have all necessary appliances at hand; -having once started <b>do not leave the<span class="pagenum" id="Page_24">[Pg 24]</span> -room</b> until your final note has been -made and signed.</p> - -<p>Do not employ a hammer or a chisel.</p> - -<p><b>Remember</b> that it is dangerous to -attend lying-in women after making an -autopsy.</p> - -<p>If the mortuary attendant does the -manual work you must watch each step.</p> - -<p>If portions of organs are retained for -subsequent examination, have the fact -witnessed.</p> - - -<h3><span class="smcap">Drawing up a Medico-legal -Report.</span></h3> - -<p>In most cases the witness must recite -the report in open court.</p> - -<p>For a complete investigation three -sets of facts must be collated:</p> - -<p>1. The details of the environment of -the corpse, when and where first seen.</p> - -<p>2. The personality and personal history<span class="pagenum" id="Page_25">[Pg 25]</span> -of the deceased.</p> - -<p>3. The result of an exhaustive external -and internal <i lang="la" xml:lang="la">post-mortem</i> examination.</p> - - -<p><em>a. The Manner of the Report</em>:</p> - -<p>Reports should be <b>short</b> and <b>distinct</b>; -all unnecessary words should be -omitted.</p> - -<p>The paragraphs should be numbered: -this facilitates reference.</p> - -<p>Names and figures must be written -plainly, and underlined.</p> - -<p><b>Technical terms</b> should be used -only if the report is intended for the -use of a public authority; if used otherwise -they should be explained.</p> - -<p><b>Beware</b> of writing “There is no ...” -when you intend to report “I can find -no....”</p> - -<p>Exclude uncalled-for reasons, opinions, -and comments.</p> - -<p>“Science is measurement.” Everything<span class="pagenum" id="Page_26">[Pg 26]</span> -that can be, should be <b>measured</b>. -Anatomical and chronological order and -exactness should be aimed at.</p> - -<p>For immediate comparison, quote -easily recognized English standards.</p> - -<p>“The <em>sometimes</em> of the cautious is -the <em>often</em> of the sanguine, the <em>always</em> of -the empiric, the <em>never</em> of the sceptic: -but the numbers 1, 10, 100, 1000 have -but one meaning for all mankind.”</p> - -<p>In important cases the report should -be type-written in duplicate and signed, -one copy being handed to the Court.</p> - - -<p><em>b. The Matter of the Report</em>:</p> - -<p>The date and time of day of each -examination, and the names of all persons -present thereat, should be stated.</p> - -<p>There must be a very sharp division -made between:</p> - -<p>(a) <b>Information</b> received and from<span class="pagenum" id="Page_27">[Pg 27]</span> -whom—this is hearsay.</p> - -<p>“Never believe what a patient says -another doctor said.”</p> - -<p>Never sign a certificate to oblige -another practitioner, without personally -examining the patient.</p> - -<p>(b) <b>Facts</b> found by personal examination -or under personal supervision.</p> - -<p>The results of a complete methodical -external (anterior and posterior) and -internal investigation must be detailed; -the condition of the <b>diseased organs</b> -may be recorded first, the <b>healthy -organs</b> being mentioned after, exhaustively.</p> - -<p>After entering all the pertinent facts, -summarize the <b>main points</b>, and conclude -with the <b>probable cause</b> of the -pathological conditions found.</p> - -<p><b>Sign</b> the report, affixing your medical -qualifications and the date; secure<span class="pagenum" id="Page_28">[Pg 28]</span> -the signature of other medical men who -may be present. While in your care, -keep the report under lock and key.</p> - -<p>Append any <b>sketches</b> or <b>photographs</b>, -carefully numbered, which -elucidate the case.</p> - -<p>Retain an identical copy of the report -for reference.</p> -<hr class="r5"> - -<h3><b>B. WHEN IN COURT</b>,<br> -<span class="smcap">Before Being “Sworn.”</span></h3> - -<p>All testimony given at this stage is -null and void, and may render the -speaker liable to an action for defamation. -Do not omit to be “sworn” -before speaking.</p> - -<p>Should you wish to object to giving -evidence on the grounds:</p> - -<div class="blockquot"> -<span class="pagenum" id="Page_29">[Pg 29]</span> -<p><em>a.</em> That your fee (for expenses and -loss of time) has not been paid -by the solicitor calling you.</p> - -<p><em>b.</em> That you are unwilling to pose as -able to give “expert opinions.”</p> - -<p><em>c.</em> That you may possibly incriminate -yourself:—</p> -</div> - -<p>this is the stage at which you should -say so.</p> - -<p>There is now complete emancipation -from “the insanitary oath.” For the -sake of public example you should -decline to “kiss the Book” unless you -have brought a Testament with you. -Insist on your right either to affirm or -to swear by the Scots method.<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a></p> - -<span class="pagenum" id="Page_30">[Pg 30]</span> -<h3><span class="smcap">After Being “Sworn.”</span></h3> - -<p>Whatever you say in giving evidence -will not render you open to an action -for slander.</p> - -<p>The privilege of a witness under -examination is extended to a witness -making statements to a solicitor preparing -his “proof.”</p> - -<p>State your full name and address. -Then say, “I am a registered medical -practitioner”; your exact qualifications -are immaterial.</p> - - -<h3><span class="smcap">Giving Medical Evidence.</span></h3> - -<p class="center">(<em>Cf. Reports, p. 24.</em>)</p> - -<div class="blockquot"> - -<p>“There is matter in manner.” “Tell the truth, -and make the truth tell.” “Be the plainest man -in the world in the witness box.” “All trifles are -not trifling.” “Pathology creates the doctor, as -distinct from the nurse.”</p> -</div> - - -<p><em>The Manner.</em></p> - -<p>Listen to the <b>whole question</b> before -you attempt to reply: then answer only<span class="pagenum" id="Page_31">[Pg 31]</span> -what is asked. Make yourself understood.</p> - -<p>Don’t assume that the jury know all -about the case.</p> - -<p>Speak audibly, slowly, deliberately, -with an eye on the recording clerk’s pen.</p> - -<p>Say <b>exactly</b> what you mean.</p> - -<p>Cultivate the power of expression and -of repression.</p> - -<p>Be candid, courteous, dignified, and -withal good humoured; <b>avoid</b> appearing -to be suspicious.</p> - -<p>Your <b>personal</b> disposition will count -more with a jury than your professional -position; they will note looks, doubts, -hesitations, confidence, calmness, consideration, -or precipitancy.</p> - -<p>Use <b>simple</b> and popular <b>terms</b>, -otherwise you may be regarded as -speaking “either oracles or jargon.” -Reserve technicalities for cross-examination.<span class="pagenum" id="Page_32">[Pg 32]</span> -The jury will think they understand -“alcoholic disease of the ...,” -“bad disorder,” “black and blue,” -“black-eye,” “blood clot,” “blood -poisoning,” “bowel,” “brain fever,” -“bruise,” “buoyant lungs,” “cancer,” -“consumptive spots,” “coverings of the -brain,” “death stiffening,” “great -vessel of the heart,” “gullet,” “gut,” -“hardened liver,” “hardening of -valves,” “inflammation or congestion -of the ...,” “overloaded with fat,” -“shrunken kidneys,” “skull-cap,” -“stroke,” “swallow,” “sweet-bread,” -“windpipes.”</p> - -<p>Don’t worry about the <b>technical -rules</b> of evidence; in the Coroner’s -Court they are seldom applied strictly.</p> - -<p>Insist on answering double-barrelled -questions “<b>Yes</b> <span class="allsmcap">AND</span> <b>No</b>” if necessary.</p> - -<p>Do not argue with Counsel; “disagree -without being disagreeable.” “A<span class="pagenum" id="Page_33">[Pg 33]</span> -large experience is not all experience,” -and what you call “a rare case” may -reflect upon your limited experience.</p> - -<p>An early “I <b>don’t</b> know” is better -than a late “I <b>did not</b> know.” If you -“don’t know,” do not be trapped into -guessing. Beware of “argumentative -figures.”</p> - - -<p><em>The Matter.</em></p> - -<p>If unable to decide as to the cause of -death without a <i lang="la" xml:lang="la">post-mortem</i> examination, -tell the jury so at once; the most -experienced pathologist will do so the -most often. Thus you may tell them, -by way of apology, that any organ of -the body may be ruptured without -external signs of injury being apparent.</p> - -<p>Distinguish <b>what you have been -told</b> from what you have found by -personal examination.</p> - -<p>A knowledge of the facts differs from<span class="pagenum" id="Page_34">[Pg 34]</span> -a knowledge of the records of those -facts.</p> - -<p>State what you <b>knew professionally</b> -as to the health and the habits of the -deceased, but do not condescend to -detail; it is sufficient to say, “I treated -him,” or “I prescribed;” you need not -specify <b>how</b> unless required so to do.</p> - -<p>Don’t offer any explanations unless -directly asked; decline to give “expert -opinion” testimony unless you feel fully -competent so to do.</p> - -<p>The jury value evidence by the exactness -of statement of, and the powers of -observation evidenced by, a witness. -Little benefit is gained by cross-examining -one who is obviously telling the -plain truth.</p> - -<p>Don’t exaggerate or estimate—“blessed -are the pure in fact” in a law court; -in measurements and descriptions<span class="pagenum" id="Page_35">[Pg 35]</span> -be accurate, quoting figures where -possible.</p> - -<p>You must answer <b>all questions</b> put -to you, excepting such as would tend to -incriminate yourself; before you answer -such questions, the Coroner must warn -you of the possible legal consequences if -you answer.</p> - -<p>There are no medical secrets which -may be kept between a patient and his -medical adviser when they are probed -in a court of law: if, however, you -strongly object to answer, appeal to the -President of the Court, or answer in -writing.</p> - -<p>Think twice before adversely criticizing -the actions of another medical -man; remember, <b>symptoms and signs -may alter</b> from day to day.</p> - -<p>You may not quote text-books of -living authors, but you may say what<span class="pagenum" id="Page_36">[Pg 36]</span> -authors support your view.</p> - -<p>If a text-book is quoted for or against -you, <b>strictly verify</b> the text, the context, -and the date of publication, before -affirming or denying the quotation.</p> - -<p>After giving evidence, hand in the -labelled and numbered <b>exhibits</b> which -have been handed to you by the police -or found by yourself. “Real evidence” -is, however, capable of fallacious handling, -e.g., “Here’s the note! I made it -at the time!”—but <em>did</em> you?</p> - -<p>It may be wise to take an “anatomical” -skull into court for illustration.</p> - -<p>The body of the Coroner’s officer is -always available for ocular <b>demonstrations</b> -to the jury of the sites of injuries, -etc.</p> - -<p>If any important point has been -omitted by the questions (e.g., of a -non-medical Coroner), volunteer the<span class="pagenum" id="Page_37">[Pg 37]</span> -undisclosed information which you -possess.</p> - -<p>In conclusion, state the probable <b>cause -of death</b>, especially assuring the jury -if it was, in your opinion, natural; and -if it could have been retarded by efficient -medical advice.</p> - -<p>Beware of being didactic on non-medical -matters; such action is a -fruitful source of the “differences of -doctors.”</p> - -<p>Before leaving the witness-box, <b>compliment</b> -the conduct of the police or -other persons who rendered worthy -“first aid” to the deceased man.</p> - -<p>“The best brief is a copy of the -depositions.” When criminal or civil -proceedings are likely to follow an -inquest, carefully read over and correct -where necessary your depositions as -taken down by the Coroner’s clerk; -initial any alterations you make, then<span class="pagenum" id="Page_38">[Pg 38]</span> -sign them as a correct record. Never -sign any statement without having -perused it previously.</p> - -<p>You can thus readily <em>identify the -depositions</em> later, when you may have -to repeat your evidence in a higher -Court where counsel will have scrutinized -minutely not only the <em>facts stated</em> -but also the <em>facts as stated</em>: and so -will be able to criticize keenly your -second version.</p> - -<p>In criminal cases the Coroner will -<em>bind over</em> the medical witness by -recognizance to appear at the trial and -give evidence; usually such cases are -taken first at the Assizes.</p> - -<div class="footnotes"><h3>FOOTNOTES:</h3> - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">[1]</a> Say “I solemnly, sincerely, and truly declare, -and affirm, that I will tell the truth, the whole -truth, and nothing but the truth”; <em>or</em>, raising -the right hand, say: “I swear by Almighty God, -as I shall answer to God at the last day of -Judgment, I will tell the truth, the whole truth, -and nothing but the truth.”</p> - -</div> -</div> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_39">[Pg 39]</span> -<div class="chapter"> -<h2 class="nobreak" id="II_RULES_AS_TO_FEES">II. RULES AS TO FEES.</h2> -</div> - - -<p><b>No fee</b> can be claimed for merely -<b>volunteered</b> information, given either -in Court or previously.</p> - -<p>If you attend the Court after being -<i lang="la" xml:lang="la">sub-pœna’d</i>, the fee is due, even should -<b>no evidence</b> be called for.</p> - -<p><b>Do not</b> sign a receipt before you have -received the money.</p> - -<p>Apart from agreement to the contrary, -an assistant or <i lang="la" xml:lang="la">locum tenens</i> must hand -his fees to his principal.</p> - -<p>Where the authorities <b>compel -attendance</b> in the public interest, -definite fees are scheduled: if you -appear on behalf of the prisoner, the -plaintiff, or the defendant, a <b>private -arrangement as to fees</b> (preferably -in writing) must be made between the -solicitor and yourself.</p> - -<span class="pagenum" id="Page_40">[Pg 40]</span> -<h3><b>1. THE CORONER’S COURT.</b></h3> - -<p>There is <b>no fee</b> allowed for the <b>preliminary -enquiry</b> and report to the -Coroner; he can allow a fee only at an -inquest.</p> - -<p>No fee will be paid for an unordered -anatomical <i lang="la" xml:lang="la">post-mortem</i> examination.</p> - -<p><b>Only one</b> medical witness is called -by the Coroner; additional evidence -may be ordered by the inquest jury.</p> - -<p>A second fee is <b>not allowed</b> for -attendance at an adjournment.</p> - -<p>A <i lang="la" xml:lang="la">post-mortem</i> examination must <b>not -be conducted</b> by one accused on oath -of negligently causing the death in -question.</p> - -<p>No fee, for evidence or for <i lang="la" xml:lang="la">post-mortem</i> -examination, is payable to the medical -officers (even if honorary) of voluntary -medical institutions where the deceased -died under the care of the officer; his -attendance may, however, be excused if<span class="pagenum" id="Page_41">[Pg 41]</span> -he sends a certificate as to the facts to -the Court.</p> - -<p><em>No fee allowed</em>: Lunatic Asylum; -Public Hospital or Infirmary (including -Cottage Hospitals).</p> - -<p><em>Fee usually allowed</em>: Prison; Parochial -Infirmary.</p> - -<p>Where the deceased was “brought in -dead,” the usual fees may be claimed -by medical officers of institutions.</p> - -<p>Travelling expenses seldom can be -due to medical witnesses at inquests.</p> - -<p>In <b>criminal cases</b> the Treasury -may send down recognized experts.</p> - -<p><em>Fees</em>: For giving medical evidence -after inspecting the body: <span class="allsmcap">ONE GUINEA</span>.</p> - -<p>For giving evidence after performing -a necropsy in accordance with the Coroner’s -order (or upon direction of the -majority of the jury): <span class="allsmcap">TWO GUINEAS</span>.</p> -<span class="pagenum" id="Page_42">[Pg 42]</span> -<p><em>Fine</em>: <span class="allsmcap">FIVE POUNDS</span> is the penalty -for disobeying the Coroner’s instructions.</p> - - -<h3><b>2. CRIMINAL PROCEEDINGS.</b></h3> - -<div class="blockquot"> - -<p>(<i lang="la" xml:lang="la">Vide</i> Home Office Order as to allowances for -professional evidence in criminal prosecutions, -1903.)</p> -</div> - -<p>For common skilled witnesses in petty -sessional and police courts, at quarter -sessions, and at the assizes, certain -maximum <b>allowances</b> are specified; it -is left to the Clerk of the Court to decide -the actual fee in each case.</p> - -<p>For <b>expert</b> testimony or highly -skilled evidence the fee rests with the -Court or the Treasury.</p> - -<p>For attending to give professional -evidence <b>in the town</b> or place where -the witness resides or practises: If the -witness</p> - -<p>1. Attends to give evidence in one -case only, not more than <b>one guinea</b> -per diem, even if a disagreeable examination<span class="pagenum" id="Page_43">[Pg 43]</span> -has been necessary in order to -qualify as a witness.</p> - -<p>2. Gives evidence on the same day in -two or more separate and distinct cases, -not more than <b>two guineas</b>.</p> - -<p>For attending <b>elsewhere</b> than in any -town or place where the witness resides -or practises, whether in one or more -cases, not more than <b>two guineas</b> -per diem. “Place” here means the -area within a radius of three miles from -the Court.</p> - -<p>No full-day allowance shall be paid -unless the witness is necessarily detained -away from his home for <b>at least four -hours</b> for the purpose of giving evidence, -otherwise he shall receive not more -than one-half of the full-day allowance.</p> - -<p>The fare actually paid is usually -allowed to a witness as travelling expenses.</p> -<span class="pagenum" id="Page_44">[Pg 44]</span> -<p>A medical witness, while staying -within the precincts of the Court, may -be ordered to assist with his professional -services.</p> - -<p>In case of dispute, the Home Secretary, -Whitehall, S.W., should be applied -to forthwith.</p> - - -<h3><b>3. CIVIL ACTIONS.</b></h3> - -<p>If your services are required by <b>one -party</b> to a suit, it is for you to arrange -terms; the solicitor is not himself -liable. <b>A guinea</b> per diem usually is -regarded as the minimum fee; travelling -expenses (which should be paid in -cash previous to the journey) are -additional.</p> - -<p>You can <b>demand</b> payment (in Court) -before you consent to be “sworn” as a -witness; having been “sworn” you are -bound to give your evidence.</p> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_45">[Pg 45]</span> -<div class="chapter"> -<h2 class="nobreak" id="III_SOME_LIMITATIONS_TO">III. SOME LIMITATIONS TO -MEDICO-LEGAL EVIDENCE.</h2> -</div> - - -<h3><b>1. IMPOSED BY RULES OF -EVIDENCE.</b></h3> - -<p>A medical witness, <b>as such</b>, cannot -give evidence which will influence the -Court to show</p> - -<p>1. That a woman is past the age for -procreating and bearing children.</p> - -<p>2. That a child born nine months -after lawful wedlock is illegitimate.</p> - -<p>3. That, in the absence of eye-witnesses, -a newly-born dead child was -live-born.</p> - -<p>4. That in a common disaster a certain -person must have died last.</p> - -<p>5. That children under seven can -commit an indictable offence.</p> - -<span class="pagenum" id="Page_46">[Pg 46]</span> -<h3><b>2. IMPOSED BY INADEQUACY AND -UNCERTAINTY OF KNOWLEDGE.</b></h3> - -<p>1. The presence of gonorrhœa cannot -be established by microscopical evidence.</p> - -<p>2. A small mammalian blood-stain -cannot be sworn to be “human.”</p> - -<p>3. In a case of sudden death you -cannot state whether a bruise was -inflicted immediately before or immediately -after the death.</p> - -<p>4. The sex of a very old or a very -young skeleton cannot be determined.</p> - -<p>5. The age of a skeleton, after complete -ossification, is guess-work.</p> - -<p>6. Death cannot be affirmed until -putrefaction sets in.</p> - -<p>7. Pregnancy must not be asserted -until quickening has been felt, or the -fœtal parts are palpable.</p> - -<p>8. Affiliation to putative parent from -personal resemblance is insufficient.</p> - -<span class="pagenum" id="Page_47">[Pg 47]</span> -<h3><b>3. CASES WHERE -A POST-MORTEM EXAMINATION -IS NECESSARY TO TEST.</b></h3> - -<p>1. <em>Alleged Drowning</em>: otherwise in -the absence of eye-witnesses of the -fatality, “found dead in the water” is -the only logical conclusion.</p> - -<p>2. <em>Alleged Overlaying</em>: otherwise -“found dead in bed with the parents” -should be the “open verdict.”</p> - -<p>In 1 and 2, cardio-respiratory diseases -must be noted.</p> - -<p>3. <em>Alleged Still-birth</em>: for although -live-birth cannot thereby be proved in -the absence of direct eye-witnesses, the -lungs may have functioned.</p> - -<p>4. Anatomical <i lang="la" xml:lang="la">post-mortem</i> examinations -should be performed wherever -possible in medico-legal cases; they are -essential in alleged criminal homicide.</p> - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_48">[Pg 48]</span> -<div class="chapter"> -<h2 class="nobreak" id="IV_VITAL_ACTIVITIES">IV. VITAL ACTIVITIES WHICH -MAY HAVE IMMEDIATELY PRECEDED -SUDDEN DEATH,</h2> -</div> - -<p>1. <em>Respiration</em>: Soot or froth may be -in the mouth, trachea, or nostrils.</p> - -<p>2. <em>Deglutition and Peristalsis</em>: Local -water or blood may have been swallowed; -food may be in the stomach (e.g., of -the newly-born); vomit or fæces may -have been voided; salivation may have -been profuse.</p> - -<p>3. <em>Blood-Circulation</em>: Much blood -may have been lost, possibly having -“spurted” (e.g., in the newly-born); -the heart and vessels may be empty; -there may be true extravasation into or -hyperæmia of the tissues (a microscope -will reveal reaction to an irritant); -the veins may be swollen on the distal -side of a ligature; the blood may give<span class="pagenum" id="Page_49">[Pg 49]</span> -spectroscopic tests for poisonings.</p> - -<p>4. <em>Neuromuscular</em>: Articles may be -clutched e.g., weapons, grass (“a drowning -man catches at a straw”), hair, mud; -<i lang="la" xml:lang="la">cutis anserina</i> may be present; <i lang="la" xml:lang="la">emissio -seminis</i> or abortion may have occurred; -the eyelids are usually open at death; -children are usually born with the -eyelids sealed.</p> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_50">[Pg 50]</span> -<div class="chapter"> -<h2 class="nobreak" id="V_HEARSAY_TESTIMONY">V. HEARSAY TESTIMONY:</h2> -</div> - -<h3>MEDICO-LEGAL EXCEPTIONS TO THE -GENERAL RULE WHICH FORBIDS -THE RECEPTION IN COURTS OF -SUCH TESTIMONY.</h3> - - -<p>1. The rule is not strictly observed in -the Coroner’s Court, wherein an enquiry, -and not a trial between parties, is held.</p> - -<p>2. Formally recorded dying declarations; -the medical adviser often hears -“the last whisper of life.”</p> - -<p>3. Spontaneous and voluntary confessions -are sometimes made to medical -men.</p> - -<p>4. Where the statement in question -was part of the proceedings under -investigation, thus:</p> - -<div class="blockquot"> - -<p><em>a.</em> The complaints and natural expressions -of a patient as to what -he feels: his words aid in deciding<span class="pagenum" id="Page_51">[Pg 51]</span> -the course of treatment.</p> - -<p><em>b.</em> The natural expressions of a -frightened person, who has not -had time to concoct a lie: thus -after personal injuries, indecent -assault, or rape.</p> -</div> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_52">[Pg 52]</span> -<div class="chapter"> -<h2 class="nobreak" id="VI_PRECAUTIONS_TO_BE">VI. PRECAUTIONS TO BE -OBSERVED UNDER SUSPICIOUS -CIRCUMSTANCES;</h2> -</div> - -<h3>WHICH MAY TERMINATE IN THE -CORONER’S COURT, AND NEED -MEDICAL EVIDENCE.</h3> - - -<p>The primary duty of a medical man -is to treat every patient <em>as a patient</em>.</p> - - -<p><b>1. Chronic or slow poisoning</b> -(including alcoholic).</p> - -<p><em>Cautions.</em> Try all possible preventive -means before announcing the suspicion; -do not move until your ground is quite -sure: otherwise an action for defamation -of character may result.</p> - -<p>The family medical man must not be -misled by the suspicions of weak-minded -or alcoholic patients; he must exclude -every possibility of an accidental origin -of the symptoms. He should know the -several personalities of his patient’s<span class="pagenum" id="Page_53">[Pg 53]</span> -families.</p> - -<p>The symptoms may appear during -medical treatment: poison being substituted -as “a lingering dram.”</p> - -<p>If convinced, by repeated examination -of the patient’s food and excreta, by his -symptoms, and by the conduct of the -suspected person, that the influence of -poison is at work, let it be understood -by the patient’s friends that you are not -satisfied with the progress made: suggest -the possibility of an accidental poisoning. -Do not, at present, associate any -name as the culprit; suggest a consultation -with a medical friend.</p> - -<p>Have the patient placed under the -constant care of day and night nurses, -who, although being instructed to administer -personally all food and medicine, -need not know at first your suspicions. -If the line of defence is circumvented,<span class="pagenum" id="Page_54">[Pg 54]</span> -or is impossible, have the victim removed -to a nursing home, or to a hospital.</p> - -<p>Your suspicions, without mentioning -any name, should be told <i lang="la" xml:lang="la">viva voce</i> to -the relatives of the poisoned person, to -his solicitor, or to the suspect himself. -If this course is futile, the name can be -introduced in the information given to -these persons, to the patient himself, or, -finally, to a magistrate, or to the police. -Should the victim die, the Coroner -should be asked to order an expert -toxicological examination of the body of -the deceased.</p> - - -<p><b>2. Threatened suicide.</b></p> - -<p>“There is a rule of life far higher -than professional etiquette—a duty that -every right-minded man owes his neighbour—to -prevent the destruction of -human life.”</p> -<span class="pagenum" id="Page_55">[Pg 55]</span> -<p>“Sign an urgency certificate, so that -the patient can be detained in his own -house legally. Any step which is taken, -which is in good faith, with the intention -of certifying, is justified, and is covered -by the law.”</p> - - -<p><b>Attempted suicide.</b></p> - -<p>Special care must be taken to prevent -a further attempt by constant unobserved -watching. Delirious, melancholic, suicidal, -and mentally defective patients -are preferably placed on the ground -floor.</p> - -<p>3. Where a patient dies suddenly -from a cause which is obviously not the -one under treatment—as when anæsthetized, -or after an operation.</p> - -<p>Enumerate to the friends the possible -explanations of the fatal issue. Affirm -that there is no reason to have expected -any one of them, and that all the usual<span class="pagenum" id="Page_56">[Pg 56]</span> -precautions had been taken.</p> - -<p>Report to the Coroner, or advise, -where such report is considered unnecessary, -that an anatomical <i lang="la" xml:lang="la">post-mortem</i> -examination should be conducted for -the satisfaction of all parties concerned.</p> - - -<hr class="chap x-ebookmaker-drop"> -<span class="pagenum" id="Page_57">[Pg 57]</span> -<div class="chapter"> -<h2 class="nobreak" id="VII_SOME_STEPPINGSTONES_OF">VII. SOME STEPPING-STONES OF -MEDICAL EVIDENCE.</h2> -</div> - - -<div class="blockquot"> - -<p>1200 Pledge to answer truly appears.</p> - -<p>1215 Trial by Ordeal abolished.</p> - -<p>1275 The Coroner’s Ordinance. The<br> -<span style="margin-left: 4em;">inquest jury were the witnesses</span><br> -<span style="margin-left: 4em;">also; inspection of external</span><br> -<span style="margin-left: 4em;">appearances was alone necessary</span><br> -<span style="margin-left: 4em;">for the jury’s <i lang="la" xml:lang="la">post-mortem</i></span><br> -<span style="margin-left: 4em;">examination.</span></p> - -<p>1290 The Court, after being advised by<br> -<span style="margin-left: 4em;">physicians, direct the jury as to</span><br> -<span style="margin-left: 4em;">the legitimacy of a posthumous</span><br> -<span style="margin-left: 4em;">child.</span></p> - -<p>1345 The Sheriff is directed to summon<br> -<span style="margin-left: 4em;">the foremost London medical</span><br> -<span style="margin-left: 4em;">men to consider the severity of</span><br> -<span style="margin-left: 4em;">a recently inflicted wound.</span></p> - -<p>1354 A charge of surgical malpraxis<br> -<span style="margin-left: 4em;">narrated in the City Records.</span></p> -<span class="pagenum" id="Page_58">[Pg 58]</span> -<p>1450 Common witnesses are summoned<br> -<span style="margin-left: 4em;">to appear before the jury.</span></p> - -<p>1506 Dispute as to the province of the<br> -<span style="margin-left: 4em;">Court or the surgeon to decide</span><br> -<span style="margin-left: 4em;">upon the severity of a wound.</span></p> - -<p><span style="margin-left: 2.5em;">Anatomical <i lang="la" xml:lang="la">post-mortem</i> examinations</span><br> -<span style="margin-left: 4em;">occur, though pathology is</span><br> -<span style="margin-left: 4em;">primitive. “Searchers.”</span></p> - -<p>1542 Thomas Vicary advises the Lord<br> -<span style="margin-left: 4em;">Mayor in a case of battery.</span></p> - -<p>1562 Witnesses summoned <i lang="la" xml:lang="la">sub-pœna</i>.</p> - -<p>1575 Ambrose Paré publishes typical<br> -<span style="margin-left: 4em;">“medico-legal reports.”</span></p> - -<p>1632 College of Physicians report in<br> -<span style="margin-left: 4em;">full on a corrosive poisoning case.</span></p> - -<p>1665 Sir Thomas Browne affirmed in<br> -<span style="margin-left: 4em;">Court his belief in witches.</span></p> - -<p>1699 Baron Hatsell objects to Dr. Crell<br> -<span style="margin-left: 4em;">quoting “Ambros Parey’s”</span><br> -<span style="margin-left: 4em;">opinions.</span></p> -<span class="pagenum" id="Page_59">[Pg 59]</span> -<p>1723 Mr. Justice Tracey enunciates<br> -<span style="margin-left: 4em;">“the wild beast” theory of</span><br> -<span style="margin-left: 4em;">responsibility in lunacy cases.</span></p> - -<p>1767 <em>Slater</em> v. <em>Baker & Stapleton</em>—a case<br> -<span style="margin-left: 4em;">of surgical malpraxis; damages</span><br> -<span style="margin-left: 4em;">£500.</span></p> - -<p>1781 John Hunter gives expert evidence<br> -<span style="margin-left: 4em;">in an alleged poisoning case:</span><br> -<span style="margin-left: 4em;">“I can give nothing definite.”</span></p> - -<p>1788 Samuel Farr’s <em>Elements of Medical</em><br> -<span style="margin-left: 4em;"><em>Jurisprudence</em>.</span></p> - -<p>1795 Matthew Baillie exposes the fallacy<br> -<span style="margin-left: 4em;">of “Death from polyp of the</span><br> -<span style="margin-left: 4em;">heart.”</span></p> - -<p>1807 Chair of Medical Jurisprudence<br> -<span style="margin-left: 4em;">established in Edinburgh.</span></p> - -<p>1823 Last “cross-road” burial of suicides<br> -<span style="margin-left: 4em;">in England.</span></p> - -<p>1827 Orfila doubts detection of blood-stain<br> -<span style="margin-left: 4em;">with the microscope.</span></p> -<span class="pagenum" id="Page_60">[Pg 60]</span> -<p>1830 The first Medical Coroner elected.<br> -<span style="margin-left: 4em;">“A medical Crowner’s a queer sort</span><br> -<span style="margin-left: 4em;">of thing.”</span></p> - -<p>1831 Sir Thos. Watson lectures at<br> -<span style="margin-left: 4em;">King’s College Hospital, and</span><br> -<span style="margin-left: 4em;">Swaine Taylor at Guy’s.</span></p> - -<p>1832 The Anatomy Act, after Burke and<br> -<span style="margin-left: 4em;">Hare scandals. “Burke Hare</span><br> -<span style="margin-left: 4em;">too!”</span></p> - -<p>1836 Registration of “the cause of<br> -<span style="margin-left: 4em;">death” introduced.</span></p> - -<p>Sir Dominic Corrigan’s clause as<br> -<span style="margin-left: 4em;">to fact of death: “As I am</span><br> -<span style="margin-left: 4em;">informed” (1874).</span></p> - -<p>1837 The Medical Witnesses Remuneration<br> -<span style="margin-left: 4em;">Act allows fees for medical</span><br> -<span style="margin-left: 4em;">evidence at inquests; inquests</span><br> -<span style="margin-left: 4em;">and autopsies increase, pathology</span><br> -<span style="margin-left: 4em;">advances.</span></p> - -<p>1843 Swaine Taylor’s <em>Manual of Medical</em><br> -<span style="margin-left: 4em;"><em>Jurisprudence (Principles and</em></span><br> -<span style="margin-left: 4em;"><em>Practice, 1865)</em>.</span></p> -<span class="pagenum" id="Page_61">[Pg 61]</span> -<p><span style="margin-left: 2.5em;">Rules as to the test of criminal</span><br> -<span style="margin-left: 4em;">responsibility of the insane</span><br> -<span style="margin-left: 4em;">(McNaughten’s case).</span></p> - -<p>1844 Rudolph Virchow’s <em>Die Sections-Tecknik</em><br> -<span style="margin-left: 4em;">commenced.</span></p> - -<p>1845 Telegraph first used for arrest of a<br> -<span style="margin-left: 4em;">prisoner (Tawell).</span></p> - -<p>1846 Anæsthetics introduced. “Gentlemen!<br> -<span style="margin-left: 4em;">Here is no humbug!”</span></p> - -<p>1848 The first Public Health Act.</p> - -<p>1851 Stas devises his process to detect<br> -<span style="margin-left: 4em;">poisoning by alkaloids (nicotine).</span></p> - -<p>1857 Lord Chief Justice Cockburn discredits<br> -<span style="margin-left: 4em;">microscopical evidence.</span></p> - -<p>1858 “Railway shock” appears.</p> - -<p><span style="margin-left: 2.25em;">The Medical Act registers medical</span><br> -<span style="margin-left: 4em;">practitioners.</span></p> - -<p>1862 Hoppe-Seyler suggests medico-legal<br> -<span style="margin-left: 4em;">use of the spectroscope</span><br> -<span style="margin-left: 4em;">(Muller’s case, 1864).</span></p> -<span class="pagenum" id="Page_62">[Pg 62]</span> -<p>1863 Photography applied to surgery.<br> -<span style="margin-left: 4em;">(1871, criminals photographed).</span></p> - -<p>1864 Listerism introduced.</p> - -<p>1868 Crown Office (Scotland) memorandum<br> -<span style="margin-left: 4em;">for medico-legal examination</span><br> -<span style="margin-left: 4em;">of dead bodies (revised 1897).</span></p> - -<p>1883 Bertillonage employed (France).</p> - -<p>1879 The first Inebriates Act.</p> - -<p>1886 The triple qualification necessary.</p> - -<p>1887 Retford ptomaine poisoning.</p> - -<p>1888 Witnesses emancipated from “kissing<br> -<span style="margin-left: 3.5em;">the Book.”</span></p> - -<p>1893 Phonograph heard in the Chancery<br> -<span style="margin-left: 3.5em;">Division.</span></p> - -<p><span style="margin-left: 2.25em;">Report on Death Certification.</span></p> - -<p>1896 Skiagram of ankle produced in an<br> -<span style="margin-left: 3.5em;">action for damages.</span></p> - -<p>1897 Finger-print records recognized<br> -<span style="margin-left: 3.5em;">(India).</span></p> -<span class="pagenum" id="Page_63">[Pg 63]</span> -<p>1897 Cinematograph used in Medicine.</p> - -<p>1901 Medico-Legal Society founded.</p> - -<p>1902 A “thumb-print” accepted at the<br> -<span style="margin-left: 3.5em;">Old Bailey.</span></p> -</div> - -<hr class="chap x-ebookmaker-drop"> -<p class="center"><span class="smcap">J. Wright & Co., Printers, Bristol.</span></p> -<hr class="chap x-ebookmaker-drop"> - - -<p class="center fs130">“GOLDEN RULES” SERIES.</p> - - -<p class="center"><em>Waistcoat Pocket Size, Cloth</em>, <b>1s.</b> <em>each.</em></p> - - -<p class="center"><b>I.</b> <em>9th Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF SURGICAL</span> -PRACTICE. By <span class="smcap">E. Hurry Fenwick</span>, -F.R.C.S.</p> - - -<p class="center"><b>II.</b> <em>5th Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF GYNÆCOLOGY.</span> -By <span class="smcap">S. Jervois Aarons</span>, M.D.</p> - - -<p class="center"><b>III.</b> <em>5th Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF OBSTETRIC</span> -PRACTICE. By <span class="smcap">W. E. Fothergill</span>, -M.A., B.Sc., M.D.</p> - - -<p class="center"><b>IV.</b> <em>7th Edition. Enlarged & Entirely Re-written.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF MEDICAL</span> -PRACTICE. By <span class="smcap">Lewis Smith</span>, M.D., -M.R.C.S.</p> - - -<p class="center"><b>V.</b> <em>4th Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF PSYCHIATRY.</span> -By <span class="smcap">James Shaw</span>, M.D.</p> - - -<p class="center"><b>VI.</b> <em>3rd Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF PHYSIOLOGY.</span> -By <span class="smcap">I. Walker Hall</span>, M.B., Ch.B. -(Vict.), and <span class="smcap">J. Acworth Menzies</span>, M.D., -C.M. (Edin.).</p> - - -<p class="center"><b>VII.</b> <em>4th Edition.</em></p> - -<p><span style="margin-left: -1em;">GOLDEN RULES OF OPHTHALMIC</span> -PRACTICE. By <span class="smcap">Gustavus Hartridge</span>, -F.R.C.S.</p> - -<p class="center"><b>VIII.</b> <em>3rd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF SKIN PRACTICE.</span> -By <span class="smcap">David Walsh</span>, M.D. Edin.</p> - - - -<p class="center"><b>IX.</b> <em>3rd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF AURAL AND</span> -NASAL PRACTICE. By <span class="smcap">Philip R. -W. de Santi</span>, F.R.C.S.</p> - - - -<p class="center"><b>X.</b> <em>2nd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF HYGIENE.</span> -By <span class="smcap">F. J. Waldo</span>, M.A., M.D. -(Cantab.), D.P.H.</p> - - - -<p class="center"><b>XI.</b></p> - -<p class="center"><em>3rd Edition. Enlarged, Double Number</em>, <b>2/-</b>.</p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES FOR DISEASES OF</span> -CHILDREN. By <span class="smcap">George Carpenter</span>, -M.D. (Lond.), M.R.C.P.</p> - - - -<p class="center"><b>XII.</b> <em>2nd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF REFRACTION.</span> -By <span class="smcap">Ernest E. Maddox</span>, M.D., F.R.C.S. -(Edin.).</p> - - - -<p class="center"><b>XIII.</b> <em>2nd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF DENTAL</span> -SURGERY. By <span class="smcap">Chas. W. Glassington</span>, -M.R.C.S., L.D.S. (Edin.).</p> - - - -<p class="center"><b>XIV.</b> <em>2nd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF ANÆSTHESIA.</span> -By <span class="smcap">R. J. Probyn Williams</span>, M.D.</p> - - - -<p class="center"><b>XV.</b> <em>2nd Edition.</em></p> - - - -<p><span style="margin-left: -1em;">GOLDEN RULES OF SICK NURSING.</span> -By <span class="smcap">W. B. Drummond</span>, M.B., -C.M., F.R.C.P. (Edin.).</p> - - -<hr class="chap x-ebookmaker-drop"> -<p class="center"><em>J. Wright & Co., Publishers, Bristol.</em></p> -<hr class="chap x-ebookmaker-drop"> - - - -<div class="transnote"> -<h2>Transcriber’s Notes</h2> -<span style="margin-left: 2em;">pg 47 Added period after NECESSARY TO TEST</span><br> -</div> - -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK GOLDEN RULES OF MEDICAL EVIDENCE ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for an eBook, except by following -the terms of the trademark license, including paying royalties for use -of the Project Gutenberg trademark. If you do not charge anything for -copies of this eBook, complying with the trademark license is very -easy. You may use this eBook for nearly any purpose such as creation -of derivative works, reports, performances and research. Project -Gutenberg eBooks may be modified and printed and given away—you may -do practically ANYTHING in the United States with eBooks not protected -by U.S. copyright law. Redistribution is subject to the trademark -license, especially commercial redistribution. -</div> - -<div style='margin-top:1em; font-size:1.1em; text-align:center'>START: FULL LICENSE</div> -<div style='text-align:center;font-size:0.9em'>THE FULL PROJECT GUTENBERG LICENSE</div> -<div style='text-align:center;font-size:0.9em'>PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK</div> - -<div style='display:block; margin:1em 0'> -To protect the Project Gutenberg™ mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase “Project -Gutenberg”), you agree to comply with all the terms of the Full -Project Gutenberg™ License available with this file or online at -www.gutenberg.org/license. -</div> - -<div style='display:block; font-size:1.1em; margin:1em 0; font-weight:bold'> -Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works -</div> - -<div style='display:block; margin:1em 0'> -1.A. By reading or using any part of this Project Gutenberg™ -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg™ electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg™ electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the person -or entity to whom you paid the fee as set forth in paragraph 1.E.8. -</div> - -<div style='display:block; margin:1em 0'> -1.B. “Project Gutenberg” is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg™ electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg™ electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg™ -electronic works. See paragraph 1.E below. -</div> - -<div style='display:block; margin:1em 0'> -1.C. The Project Gutenberg Literary Archive Foundation (“the -Foundation” or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg™ electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg™ mission of promoting -free access to electronic works by freely sharing Project Gutenberg™ -works in compliance with the terms of this agreement for keeping the -Project Gutenberg™ name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg™ License when -you share it without charge with others. -</div> - -<div style='display:block; margin:1em 0'> -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg™ work. The Foundation makes no -representations concerning the copyright status of any work in any -country other than the United States. -</div> - -<div style='display:block; margin:1em 0'> -1.E. Unless you have removed all references to Project Gutenberg: -</div> - -<div style='display:block; margin:1em 0'> -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg™ License must appear -prominently whenever any copy of a Project Gutenberg™ work (any work -on which the phrase “Project Gutenberg” appears, or with which the -phrase “Project Gutenberg” is associated) is accessed, displayed, -performed, viewed, copied or distributed: -</div> - -<blockquote> - <div style='display:block; margin:1em 0'> - This eBook is for the use of anyone anywhere in the United States and most - other parts of the world at no cost and with almost no restrictions - whatsoever. You may copy it, give it away or re-use it under the terms - of the Project Gutenberg License included with this eBook or online - at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you - are not located in the United States, you will have to check the laws - of the country where you are located before using this eBook. - </div> -</blockquote> - -<div style='display:block; margin:1em 0'> -1.E.2. If an individual Project Gutenberg™ electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase “Project -Gutenberg” associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg™ -trademark as set forth in paragraphs 1.E.8 or 1.E.9. -</div> - -<div style='display:block; margin:1em 0'> -1.E.3. If an individual Project Gutenberg™ electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg™ License for all works -posted with the permission of the copyright holder found at the -beginning of this work. -</div> - -<div style='display:block; margin:1em 0'> -1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg™. -</div> - -<div style='display:block; margin:1em 0'> -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg™ License. -</div> - -<div style='display:block; margin:1em 0'> -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg™ work in a format -other than “Plain Vanilla ASCII” or other format used in the official -version posted on the official Project Gutenberg™ website -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original “Plain -Vanilla ASCII” or other form. Any alternate format must include the -full Project Gutenberg™ License as specified in paragraph 1.E.1. -</div> - -<div style='display:block; margin:1em 0'> -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg™ works -unless you comply with paragraph 1.E.8 or 1.E.9. -</div> - -<div style='display:block; margin:1em 0'> -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg™ electronic works -provided that: -</div> - -<div style='margin-left:0.7em;'> - <div style='text-indent:-0.7em'> - • You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg™ works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg™ trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, “Information about donations to the Project Gutenberg - Literary Archive Foundation.” - </div> - - <div style='text-indent:-0.7em'> - • You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg™ - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg™ - works. - </div> - - <div style='text-indent:-0.7em'> - • You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - </div> - - <div style='text-indent:-0.7em'> - • You comply with all other terms of this agreement for free - distribution of Project Gutenberg™ works. - </div> -</div> - -<div style='display:block; margin:1em 0'> -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg™ electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from the Project Gutenberg Literary Archive Foundation, the manager of -the Project Gutenberg™ trademark. Contact the Foundation as set -forth in Section 3 below. -</div> - -<div style='display:block; margin:1em 0'> -1.F. -</div> - -<div style='display:block; margin:1em 0'> -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg™ collection. Despite these efforts, Project Gutenberg™ -electronic works, and the medium on which they may be stored, may -contain “Defects,” such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. -</div> - -<div style='display:block; margin:1em 0'> -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right -of Replacement or Refund” described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg™ trademark, and any other party distributing a Project -Gutenberg™ electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. -</div> - -<div style='display:block; margin:1em 0'> -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. -</div> - -<div style='display:block; margin:1em 0'> -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. -</div> - -<div style='display:block; margin:1em 0'> -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. -</div> - -<div style='display:block; margin:1em 0'> -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg™ electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg™ -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg™ work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg™ work, and (c) any -Defect you cause. -</div> - -<div style='display:block; font-size:1.1em; margin:1em 0; font-weight:bold'> -Section 2. Information about the Mission of Project Gutenberg™ -</div> - -<div style='display:block; margin:1em 0'> -Project Gutenberg™ is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. -</div> - -<div style='display:block; margin:1em 0'> -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg™’s -goals and ensuring that the Project Gutenberg™ collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg™ and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at www.gutenberg.org. -</div> - -<div style='display:block; font-size:1.1em; margin:1em 0; font-weight:bold'> -Section 3. Information about the Project Gutenberg Literary Archive Foundation -</div> - -<div style='display:block; margin:1em 0'> -The Project Gutenberg Literary Archive Foundation is a non-profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation’s EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state’s laws. -</div> - -<div style='display:block; margin:1em 0'> -The Foundation’s business office is located at 809 North 1500 West, -Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up -to date contact information can be found at the Foundation’s website -and official page at www.gutenberg.org/contact -</div> - -<div style='display:block; font-size:1.1em; margin:1em 0; font-weight:bold'> -Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation -</div> - -<div style='display:block; margin:1em 0'> -Project Gutenberg™ depends upon and cannot survive without widespread -public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine-readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. -</div> - -<div style='display:block; margin:1em 0'> -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular state -visit <a href="https://www.gutenberg.org/donate/">www.gutenberg.org/donate</a>. -</div> - -<div style='display:block; margin:1em 0'> -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. -</div> - -<div style='display:block; margin:1em 0'> -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. -</div> - -<div style='display:block; margin:1em 0'> -Please check the Project Gutenberg web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate -</div> - -<div style='display:block; font-size:1.1em; margin:1em 0; font-weight:bold'> -Section 5. General Information About Project Gutenberg™ electronic works -</div> - -<div style='display:block; margin:1em 0'> -Professor Michael S. Hart was the originator of the Project -Gutenberg™ concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg™ eBooks with only a loose network of -volunteer support. -</div> - -<div style='display:block; margin:1em 0'> -Project Gutenberg™ eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. -</div> - -<div style='display:block; margin:1em 0'> -Most people start at our website which has the main PG search -facility: <a href="https://www.gutenberg.org">www.gutenberg.org</a>. -</div> - -<div style='display:block; margin:1em 0'> -This website includes information about Project Gutenberg™, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. -</div> - -</div> -</body> -</html> diff --git a/old/69556-h/images/cover.jpg b/old/69556-h/images/cover.jpg Binary files differdeleted file mode 100644 index 28f2ec9..0000000 --- a/old/69556-h/images/cover.jpg +++ /dev/null |
