of the right to call witnesses of his own choosing, and
after all a medical expert is only a witness who gives opinions
instead of facts. Still, a law which authorizes the court to call
truly impartial experts would not seem to be 'unconstitutional.' It
is certainly not unfair or unreasonable from the lay point of view."
* * * * *
The Saturday Night of Toronto, Ont., said:
"In the stress attending on matters of greater moment which have
been occupying the attention of the daily press of late, the
judicial wisdom of Mr. A. C. Backus, municipal judge of the city of
Milwaukee, charged with the task of trying John Schrank, the man
who attempted to slay Col. Roosevelt, has been overlooked.
"Nevertheless, he established a precedent with regard to the trial
of prisoners where insanity is the only defense, that should be
copied not only by every state of the American Union, but by every
province of Canada.
"It was not generally known that the laws of the state of Wisconsin
gave a presiding justice the plenary powers he has exercised, but
every good judge who has presided over cases where alienists have
been employed to furnish testimony must have yearned for similar
authority.
"In the Schrank case Judge Backus decided to eliminate all direct
testimony by alienists, and to constitute such experts into an
auxiliary court who should co-operate with him in the final
judgment of the case.
"His auxiliary, consisting of five physicians, was directed to
elect a moderator who would preside over their deliberations and
decide the issues of sanity or insanity in case of a deadlock.
"It would be difficult to say what objection could be taken to this
system in any case where alienists are subpoenaed. It is even
possible that by carefully protecting the rights of the prisoner
the same system could be worked out in any case where medical
testimony beyond the mere proving of the crime is required. In many
murder cases physicians have been heard swearing to contrary
positions until the jurors, disgusted with the confusion of the
testimony, have simply thrown up their hands, neglected their duty
to consider the reasonable facts of the case, and allowed murderers
to go free.
"Judge Backus has taken a forward step in the administration of
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