Note 149 — Chapter VIII

On Dr. Paterson’s evident feeling against the prisoner, the Lord Justice Clerk made the following remarks: “It is said that he exhibited a strong feeling against the prisoner; no human being could feel otherwise if he had formed the impression that Mrs. Pritchard was being poisoned in the hands of her husband, her medical attendant. It is said that he exhibited this feeling in a marked unpleasant manner in the box. That is a matter of manner, and, if the feeling existed, I do not know that he could have made his evidence really more valuable if he had concealed the existence of it. It may be an unpleasant thing to see what is called an animus in a witness exhibited in the witness-box. If he has a feeling strong upon him, and that on good ground, he may come into the box and entirely suppress all appearance of it, because he has more command of his feeling, or a better manner of concealing it. The fact remains, that if he takes up the position I have described, he cannot, as a man of ordinary feeling, feel otherwise than unfavourably prepossessed against the prisoner.” Again, on his concealment of his suspicions, the Judge said: “Now, he thought it consistent with his professional duty—and I must also add with his duty as a citizen of this country—to keep this opinion to himself. In that I cannot say he did right. I should be very sorry to lead you to think so. I care not for professional etiquette, or professional rule. There is a rule of life and a consideration far higher than these—the duty that every citizen of this country, that every right-minded man owes to his neighbour—to prevent the destruction of human life in this world, and in that duty I cannot but say that Dr. Paterson has failed. Now you will consider what effect that is to have, or whether it is to have any effect on your minds. It is a very painful subject—a subject which I would fain avoid, but the exigencies of this case drive me to its consideration—and I am bound to say that, because a man is so mistaken in regard to his duty to his fellow-citizens, and his fellow-creatures, it by no means follows that he is undeserving of credit as a witness. You may con sider his evidence always in the light of that failing; if you can see reason to modify anything that he says, because of the existence of that failing, it is your bounden duty to do that.”—Charge of the Lord Justice Clerk. Fifth day.