JOURNAL OF HOMOEOPATHY PUBLISHED BY The Denver Journal Publishing Company S. S. KEHR, M. D., Business Manager, 600 California Building. Editorial Staff: S. S. SMYTHE, M. D. J. WYLIE ANDERSON, M. D. Editorial Comment THE X-RAYS ADMITTED IN EVIDENCE. As the Denver Homeopathic Medical College and Hospital was the first medical institution in the United States to recognize the probable value of the Roentgen rays in medicine and surgery, and the first to enter upon a systematic investigation of the new discovery, so now it is fitting and proper that a Denver judge should be the first to authoritatively pass upon the admissability of the X-ray pictures as evidence in the courts, and thereby to establish a precedent for other judges in similar cases. Immediately following the announcement of Professor Roentgen's discovery, the college authorities placed at the disposal of Prof. C. E. Tennant, Jr., M. D., and Mr. H. H. Buckwalter, chemist and electrician, respectively, of the college faculty, a complete electrical apparatus for the scientific and practical study of the X-rays. Quietly and unostentatiously, they have pursued their investigations. On several occasions they have rendered important service to the surgeons of the Homeopathic Hospital in obscure diseases, and to-day they are able ts produce results which have not thus far been duplicated in any other laboratory. The physicians who still question the value of X-ray photog raphy, in surgical diagnosis (and there are some who do), are, to say the least, not well informed. The process is yet in its infancy, but enough has been demonstrated to make it already obligatory on the surgeon to avail himself of the discovery in many surgical conditions where a diagnosis cannot be definitely determined by other means. The question of admitting the X-ray photograph of the hip joint as evidence, arose in the suit of James Smith vs. Dr. W. W. Grant of Denver, for malpractice in failing to aiagnose a fracture of the neck of the femur, etc., etc. The photograph was taken at the Denver Homeopathic College laboratories, and shows beyond question the existence of a fracture. When offered in evidence by the prosecution, the attorney for the defense made numerous objections, and a very elaborate argument pro and con resulted. The matter was taken under advisement by Presiding Judge Le Fevre who, after mature deliberation, rendered the following decision, which marks a distinct advance in Medico-legal Jurisprudence: THE OPINION. In ruling upon the question Judge Le Fevre apologized for the shortness of the opinion upon so important a decision and then spoke as follows: "The defendant's council object to the admission in evidence of exhibits A A prime, B B prime, C and C prime, the same being photographs produced by means of the X-ray process, on the ground that being photographs of an object unseen by the human eye, there is no evidence that the photograph accurately and correctly portrays and represents the objects photographed. This rule of law is well settled by a long line of authorities, but we do not dissent therefrom, as applied to photographs of external things or objects, which may be seen by the human eye. "The name of this salutory rule is so apparent to the profession that as a rule of evidence we will not discuss it. "We, however, are here presented with a photograph taken by means of a new scientific discovery, the same being acknowledged in the arts, and in science. It knocks for admission at ths temple of learning. What shall we do or say? Close fast the doors or open wide the portal? "These photographs are offered in evidence to show the present condition of the head and neck of the femur bone, which is entirely hidden from the eye of the surgeon. Nature has surrounded it with tissues for its protection, and there it lies hidden. Itcannot by any From an X-Ray photograph of impacted fracture of the neck of the femur, taken at the Denver Homeopathic Medical College, and the first, X-Ray photo graph to be admitted in evidence by an American court. possibility be removed, nor exposed, that it may be compared with its shadow as developed by means of this new scientific process. "In admitting these exhibits in evidence we have nothing to do or say as to what they purport to represent; that will without doubt be explained by eminent surgeons. These exhibits are only pictures or maps, to be and in explanation of a secondary evidence, and are not primary. They may be shown to the jury as illustrating or making clear the testimony of experts. "The law is the acme of learning throughout all ages. It is the essence of wisdom, reason and experience. Learned jurists have interpreted the law, have assigned reasons for certain opinions, which in time have become precedents, and these ordinarily guide and control, especially trial courts. We must not, however, hedge ourselves round about with rule, precept and precedent until we can advance no further. Our field must ever grow as trade, the arts and science seek to enter in. "During the last decade, at least, no science has made snch mighty strides forward as surgery. It is eminently a scientific profession, alike interesting to the learned and unlearned. It makes use of all science and learning. It has thus been of inestimable service to mankind. It must not be said of the law that it is so wedded to precedent that it will not lend a helping hand. Rather let the courts throw open the door to all well-considered scientific discoveries. Modern science has made it possible to look beneath the tissues of the human body, and has aided surgery in telling of the bidden mysteries. We believe it to be our duty in this case to be the first, if you please to so consider it, in admitting in evidence a process known and acknowledged as a determinate science. It may solve a present condition. The exhibits will be admitted in evidence." WE take pleasure in presenting to our readers in this issue the portrait of William A. Burr, A. M., M. D., professor of theory and practice in the Denver Homeopathic Medical College. Dr. Burr stands high in the estimation of his professional colleagues as a physician of scholarly attainments and a faithful exponent of Homeopathic principles. In our early struggle to establish a Homeopathic hospital in Denver Dr. Burr gave freely of his time and money in aid of the cause. During the first year he personally superintended the hospital and to his untiring efforts must be largely ascribed the almost immediate success of that institution. In addition to his other duties in the college, Dr. Burr gives a course in Latin to the first year students, and conducts a special clinic in dermatology. How a certain medical school in Denver of uncertain tenure and doubtful proclivities can conduct a four years graded (?) course (with a comparative appendage) in one lone little lecture room is a legitimate query! THE college library is receiving many of the newest and best books direct from the publishers and from physicians, for which the students and faculty are exceedingly grateful. Contributions of medical books of all kinds from any source will be thankfully received and duly credited. THE editor of the Homeopathic News must be credited with knowing a good thing when he sees it. The November number of the News contains a mighty good editorial, which was swiped bodily, verbatim et literatim, from this journal, and we have no doubt our Texas friends will enjoy reading it again-in the News! LI HUNG CHANG, the great Chinese statesman, writes "poetry of passion" quite equal to that of Ella Wheeler Wilcox. The following is a translation of a stanza from one of his poems: "Dragon who rulest the shoreless sea of death, When I lie dreaming on my loved one's lip, FREDERICK J. MASTERS, superintendent of Chinese missions, has an article on "The Opium Traffic in California" in a recent number of the Chautauquan. He says: "In every case where opium is smoked, there is a marked deterioration physically, mentally and morally. The victim becomes dirty in his person, and generally down-at-heals. The Chinese never place any reliance upon an opium smoker's word or honesty. He must have opium, even if he has to steal. When a man has acquired the yin or craving, it is almost impossible to cure him. The most serious phase of the opium evil, is the increasing number of white people who are learning to smoke. It is no uncommon thing to see young men and even young women of our race, stealing into Chinatown for 'dope.' It is appalling to see the number of depraved women upon whose discolored faces opium has stamped its indelible brand." |