



Produced by Bryan Ness, Martin Pettit and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
book was produced from scanned images of public domain
material from the Google Print project.)






Medical Experts.

INVESTIGATION OF INSANITY BY JURIES.

Read before the Santa Clara Medical Society,
SEPTEMBER 4, 1877.

_By W. S. THORNE, M. D._

SAN JOSE:
"THE PIONEER" PRINT, COMMERCIAL BANK BUILDING.
1877.




Medical Experts.


_Mr. President and Gentlemen of the Santa Clara Medical Society:_

In the almost infinite variety of human affairs there are possibly none
more complex than those which are involved in adjusting the legal
relations of the insane. And, certainly, no duty which the medical man
is called to perform so tries his patience or tests his knowledge and
his experience as the character of medical witness in Judicial
investigations.

The points to which I particularly desire to call your attention
to-night are the following, to-wit:

First.--The present uncertain position occupied by medical experts in
California Courts.

Second.--The provision in our civil code which enables a person, who has
been declared insane before a commission of lunacy, to demand a Judicial
investigation before a Jury.

My own limited capacity, Mr. President, and the presence here to-night
of older and more experienced members of the profession admonish me
that my theme is ill-chosen, and whilst I feel that my effort is
properly prefaced by an apology, I am likewise impressed with the
conviction, that it is my duty and privilege to raise my voice, feeble
though it be, against abuses which are alike derogatory to our
profession and an injustice to society.

It is a confession no less mortifying than true, that medical experts,
in California Courts, have no legal rights, and their testimony elicits
neither respectable consideration nor carries with it authoritative
weight. I assume