King's. Counsel's Comments on Sir Bernard Spilsbury 4
Comments on how juries should regard evidence by Sir Bernard Spilsbury were made at the Old Bailey at the trial of Andrew Chum-ley, 26, of Hockley Hill, Birmingham.
Chumley was found guilty of the manslaughter of Daisy Vera Skeels, 15, of Hounslow, whose body was exhumed nearly three months- after burial. It was alleged that Chumley struck the girl.
The jury recommended him to mercy, 4nd Mr. Justice Finlay postponed sentence.
During the trial Sir Bernard Spilsbury, had stated that the cause of the girl's death was shock resulting from a violent blow under the chin.
Mr, St. John Hutchinson, K.C., in his speech for the defence, referred to Sir Bernard's evidence.
"Not Make A Mistake?"
"Sir Bernard," he said, "has now become almost automatically a god in these courts, because no one ever allowed to disbelieve anything he says. Ido not say he should be disbelieved, because he is a perfectly fair witness, but can he never make mistake?'
"Are you going to accept something simply' because he says it is so? I was astounded when Sir Bernard said that if a big person with great strength strikes a very small person on the chin you would not expect to find any mark unless it was fractured.
"Sir Bernard may be right, but do not treat him as a person who cannot be wrong. Do not treat him as the law, because, unfortunately. from Sir Bernard there is no appeal Sometimes it is thought that expert evidence by a man of great repute and natural honesty like Sir Bernard cannot be wrong. If you think that you might as well abolish the jury system."
Mr. Justice Finlay, summing up, observed that it was obvious common sense that on a matter of medical skill the jury would, to a considerable extent at all events, be guided by those who were. expert in the matter.
Text read from the printed page and cleaned; old type leaves the occasional error.