Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-05-03
irom he Pniad,lp4ia ENQUIRE

Commonwealth Z. { a,ar Jimes6n.
Court Of OyEr and Ietmiltr. -itdictmeHi for a
MrsdemeaH0r.
The Court was occupied all Monday last,
with The irlaI of This case, which excited good
deal Of interest, aud j, important on account
of the n0ptity OF the legal principles involved IN
il.
The defendant, who is II coloured man, rep.
rescn's him. eli asa doctor, aud The offence
charged agalns, him was bad management,
want Of skill. aud gross ueg igence, as evneed
IN lbs treatment oil one of his patients a colour
ed girl, about eight years old
Some time about the middle OF January last
the defendant was applied To, 10 attend the
chlld, Mary Waterford. When he arrived nj
the hnusr. he inquired Of the mother what all.
ed her. She described the symptoms. and STA.
ted that she complained of soreness in the Stom-
ach and bones; she also complained of her
feet and legs. The mother asked him if he
could help her he replied that he could. She
then asked hlm what his fee would be he sad
II would cost three dollars, which must be paid
before he could do any thing Tor the child, The
money having been paid, the doctor proceeded
u business. first canlioning the mother not to
be alarmed the operation being a severe one,
the neighbours might possibly be alarmed. lie
directed some warm water 10 be brought in
on chair, on which he ordered the child to be
seated alter every thing was arranged, he
wrapt the blankets around the child, aud had
the tub placed below, into which hot brick,
were put Ia cicGie S!cnin. As the water cooled,
other bricks were put into the tub. The child
soon began To scream, and said he was burning
her. While under the operation, he gave her
warm tea. After two or three hot bricks bad
been pat INTO the water, the child still scream-
ed, and exclaimed. - / you'd rather de, aud
took her feet away the doctor put them IN a.
gun, and kept up the steam by fresh bricks, at
the same time giving her the warm tea. Short.
~ after, the CHILD died
On the pnrt of the defendant it was conten.
ded, that the child died OF wouud Inflicted on
the head. previously 10 the operation that it
was not an lndictabIe Offence: that 20 constitute
the crime, malice or Intention to lure must be
shown. One or two cases were read and com
mented on by the counsel for the defendant, TO
show, that tor such charge an indictment
could not be supported. Witnesses were eX-
nmined on behalf OF lhe defendant, who tes-
tlled rs 10 his reputation as doctor. some of
whom had been under his care, and had been
cured by him. alter the etleIts of regular
licensed doctors had failed. Several instances
oi his success as practitioner were mentioned
by the witnesses some he had cured OF the
'''NN''"'e'''f 'bit'o ~ Ja"hh'N'' NhH '''' ~ 8"
white swelling alter he had been under The
care OF a regular physician, aud was getting
worse daily.
tbs honour Judge King, in his charge to the
jury, explained FULLY his views OF the law lie
stalled that the CASE was tthe first Impression /;
tina, he had no recollection of smilar indict-
ment IN any of our courts lie could not as
sent 10 the doctrine advanced 10y the deitn.
dants counsel, that mere malpractice, nnac-
csmplishej by bad intentions and motives. Is
NOT ndIctable He laid down the law other
wise. lie said, that when man, whether
hcensed or not, who undertakes the office of a
MUSICIAN, betrays gross aud wanton ignorance
OF disease, aud total ignorance or lndItier-
ence TO the consequences ofthe remedy, he is
liable 10 a criminal prosecution.
The Jury eitthe box little before o'clock,
and returned yesterday morning, with verdict,
guilty Vi the disde meanor."