Part 7

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.

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.