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[1013]

In quite all important cases more or less expert testimony is introduced before the court,--that is, testimony of men thoroughly acquainted with the matters of the subject. The lawyer must be prepared to cope with such testimony on the one side for himself, and to cross-examine the witnesses of his opponent whenever produced. An expert's testimony, for which large sums are generally paid, is usually a sworn argument for the benefit of the party who calls him. It is, therefore, of the greatest importance that the opposing counsel should be expert enough on the matter in question to be able to cross-examine and detect the weak points in the expert argument against him.

I have defended scores of cases where the question of sanity was the main one in the case, and I have brought many suits against physicians for malpractice as to many parts of the human frame. So that, in preparing myself in that class of cases, I have been obliged to make full studies in regard to the operation of the mind and also studies of the separate parts of the body, and the character of their ailments and the treatment thereof, so as to be able in some degree to cope with

Engraved from a life-size bust in General Butler's library.

the hundreds of surgeons and physicians who have come upon the stand to testify as experts to save their brothers.

So in accident cases upon railroads: I have spent days in examining all parts of engines and trains and especially the capabilities to start and stop a train. I have ridden many hundred miles upon the engine upon different roads and learned enough so as to run an engine myself, a knowledge which did me good service at one time in Louisiana.

I have spent days in machine shops upon the same and kindred

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Louisiana (Louisiana, United States) (1)

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Benjamin F. Butler (1)
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