Note 18 — MEDICAL EXPERT EVIDENCE.

Footnote 18:

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Since writing the present paper I have been shown a private letter of Judge Pierce, written last April in regard to the first trial of Mrs. Wharton. After considerable solicitation the judge has allowed the publication of an extract from it, which I insert here as the words of one of our most eminent criminal jurists, He says: "I had made up my mind, when Dr. Williams's first testimony was concluded, that the case would fail. When Professor Aiken's examination was concluded it was beyond recovery. All efforts to secure a conviction after that were a waste of time and money. The case could have been safely for the defendant given to the jury on the testimony of the prosecution alone. If I had been sitting as a judge in the case, I would have instructed the jury at the close of the case for the State, if there had been no other testimony, that the evidence would not warrant a conviction. And I would have set aside the verdict if the jury had found the defendant guilty. I do not know the lady who was so wantonly charged with this crime, and I do not know of any case in the annals of criminal jurisprudence which, from the evidence submitted in the case, had so baseless a foundation for so grave a charge."