Aids to Forensic Medicine and Toxicology | Page 3

third is the
're-examination' by his own side. In the first he merely gives a clear
statement of facts or of his opinions. In the next his testimony is
subjected to rigid examination in order to weaken his previous
statements. In the third he is allowed to clear up any discrepancies in
the cross-examination, but he must not introduce any new matter which
would render him liable to another cross-examination.
The medical witness should answer questions put to him as clearly and
as concisely as possible. He should make his statements in plain and
simple language, avoiding as much as possible technical terms and
figurative expressions, and should not quote authorities in support of
his opinions.
An expert witness when giving evidence may refer to notes for the
purpose of refreshing his memory, but only if the notes were taken by
him at the time when the observations were made, or as soon after as
practicable.
There are various courts in which a medical witness may be called on
to give evidence:
1. =The Coroner's Court.=--When a coroner is informed that the dead
body of a person is lying within his jurisdiction, and that there is
reasonable cause to suspect that such person died either a violent or
unnatural death, or died a sudden death of which the cause is unknown,
he must summon a jury of not less than twelve men to investigate the
matter--in other words, hold an inquest--and if the deceased had
received medical treatment, the coroner may summon the medical
attendant to give evidence. By the Coroners (Emergency Provisions)
Act of 1917, the number of the jury has been cut down to a minimum
of seven and a maximum of eleven men. By the Juries Act of 1918, the
coroner has the power of holding a court without a jury if, in his
discretion, it appears to be unnecessary. In charges of murder,
manslaughter, deaths of prisoners in prison, inmates of asylums or
inebriates' homes, or of infants in nursing homes, he must summon a
jury. The coroner may be satisfied with the evidence as to the cause of
a person's death, and may dispense with an inquest and grant a burial

certificate.
Cases are notified to the coroner by the police, parish officer, any
medical practitioner, registrar of deaths, or by any private individual.
Witnesses, having been cited to appear, are examined on oath by the
coroner, who must, in criminal cases at least, take down the evidence in
writing. This is then read over to each witness, who signs it, and this
forms his deposition. At the end of each case the coroner sums up, and
the jury return their verdict or inquisition, either unanimously or by a
majority.
If this charges any person with murder or manslaughter, he is
committed by the coroner to prison to await trial, or, if not present, the
coroner may issue a warrant for his arrest.
A chemical analysis of the contents of the stomach, etc., in suspected
cases of poisoning is usually done by a special analyst named by the
coroner. If any witness disobeys the summons to attend the inquest, he
renders himself liable to a fine not exceeding £2 2s., but in addition the
coroner may commit him to prison for contempt of court. In criminal
cases the witnesses are bound over to appear at the assizes to give
evidence there. The coroner may give an order for the exhumation of a
body if he thinks the evidence warrants a post-mortem examination.
Coroners' inquests are held in all cases of sudden or violent death,
where the cause of death is not clear; in cases of assault, where death
has taken place immediately or some time afterwards; in cases of
homicide or suicide; where the medical attendant refuses to give a
certificate of death; where the attendants on the deceased have been
culpably negligent; or in certain cases of uncertified deaths.
The medical witness should be very careful in giving evidence before a
coroner. Even though the inquest be held in a coach-house or barn, yet
it has to be remembered it is a court of law. If the case goes on for trial
before a superior court, your deposition made to the coroner forms the
basis of your examination. Any misstatements or discrepancies in your
evidence will be carefully inquired into, and you will make a bad

impression on judge and jury if you modify, retract, or explain away
your evidence as given to the coroner. You had your opportunity of
making any amendments on your evidence when the coroner read over
to you your deposition before you signed it as true.
By the Licensing Act of 1902, an inquest may not be held in any
premises licensed for the sale of intoxicating liquor if other suitable