17 How. Pr. 151 | Court Of Oyer And Terminer New York | 1859
The prisoner was convicted of murder at a court of oyer and terminer, held in and for the county of Albany in February last. A bill of exceptions being settled and sealed on the 19th of April instant, application is now made to allow a writ of error and stay of execution, to enable the prisoner’s counsel to, take the judgment of the supreme court in respect to certain errors of law alleged to have occurred on the trial. Some three or four exceptions were taken, as disclosed by the bill, to the rulings of the court, in the admission of evidence, but none to the charge or instructions of the presiding judge. If there be any error, therefore, appearing by the record, to which exception was taken, it relates exclusively to the admission of evidence.
The first ground of error alleged is, in admitting proof of a conversation between the sheriff of Albany county and the prisoner, in the jail, some two months after her confinement, in which she admitted having written the letter which subsequently led to her pursuit and arrest. The objection was that the statement of the prisoner was not voluntary. The statement was made to the sheriff of the county, and while the prisoner was in custody. It was not, however, induced by any promise of favor. The officer did not encourage her to hope for any benefit or advantage to accrue from her admissions. What she stated was not extorted from her by the acts or dec
Another ground is, that the court erred in permitting the letter, said to have been written by the prisoner, to be read in evidence, because there was not sufficient proof of her handwriting. This letter was written in the German language, and signed “ Maria Theresa Koehler.” It was directed to Ferdinand Schultz, and fell into the hands of a German by that name in Albany, who delivered it to the sheriff, which led to the prisoner’s arrest in Hew-Jersey. It referred to the prisoner’s connection with Bheinman, alluding cursorily to the death of Hartung, and, as the prosecution claimed, admitted guilty participation in effecting such death. The evidence undoubtedly bore strongly on the question of the prisoner’s
The third and remaining exception relates to a question put to the witness Porte]-, a professor of chemistry in the Albany medical college, calling for the expression of an opinion. A careful scrutiny of the case has led me seriously to doubt the correctness of the ruling of the court on this point. At least, the prisoner is entitled to have the point deliberately examined. The theory of the prosecution was, that Hartung died of poison administered by his wife. The body was exhumed some months after death, and a post-mortem examination made. This examination was made by Dr. Jacob Eheinhart. The prosecution had placed Eheinhart upon the stand as an expert; as a person of sufficient skill and scientific attainments to be able to form and express a correct opinion. He testified to the appearances he discovered upon the post-mortem exam
I am not aware of any precedent for such a question, or any principle which would permit it. It virtually called for the opinion of the witness, whether another expert could form an opinion; and a chemist was allowed, in effect, to express his opinion to the jury, that a physician was not competent to give an opinion, in a matter relating peculiarly to his profession. It seems to me, that Professor Porter was put in the place of the jury to determine a question of fact, or, rather, to draw the inference of incompetency in an expert, arising from a meagre or imperfect examination of the subject matter of inquiry, by the latter. As a general rule, the opinions of witnesses are not competent evidence. To this, however, there are exceptions. On questions of science and trade, persons of skill are permitted to express opinions on matters pertaining to their particular science or art. But I do not see that the question called for an opinion on any matter of science. It must be conceded that the jury are as well able to decide whether a physician can determine when inflammation commenced, from the facts being stated upon which the witness forms his own opinion, as the witness can. If Professor Porter knew the extent of the knowledge and-skill of the medical profession generally, or of Dr. Rheinhart as an individual, he might state the facts consti
Upon this latter ground, I am disposed to allow the writ. It may be that, upon further examination of the points, I shall become satisfied that the inquiry was a proper one. But I am not now without grave doubts of its propriety. Conscientiously entertaining them, I deem it my duty to afford the prisoner an opportunity to present the point, with others raised in the case, to the more deliberate examination and judgment of an appellate tribunal.