New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-24
Inv COur1S.

SUPERIOR CorsT-Betore Chief Justice Joues.-IhonGS
Wood vs. Joel S. Communication damages for
alleged unskiul treatment il setting plaintiffs leg, which
was broken already referred to- Several physicians
called and testified that the treatment had been correct and
thst on the fracture OF highbone climb almost nvaria
bly, contracts less particularly when the patient
in this case Is between 90 and 20 years of age &c. Drs
Mott Cheeseman Post and Reese, called for the defence
agreed in pronounns the treatment of This case BY Dr.
Oatrnan emphaticaly scientific and shiGl. Professor
Parker called the prosecution, testified that he con-
sdered Mr. Wood extremely fortunate in the result and
congratulated the family the saving of his limb and his
life.
Mr. J. w. GERARD the part Of the defence, COM
menced his address he Jury by reminding them thar
very few scientific approached an operation in
precisely the same wsy-thai no two Lawyers would
try a cause precisely alike Surgeons could DO
expected to set limb in the way, although they
might both expect to arrive at the same results The
Doctor and the Lawyer both take the it is before
them and applying their professional knowledge could
only expect to the best possible result, but
neither could be expected 10 ensure it. In the one case
the swyer bs sued II be did not win the cause
neither might the Doctor II The patient died or only re-
covered with one leg somewhat shorter than the other
ii ras so should have but few Lawyers-and as 10
broken limbs why they would remain unset. for there
would be DR.. OatIlnn TO take poor old man home
and TO set his limb without the expectation of fee or re-
ward.
In this case the surgeons reward had been for the
a,iyas o patient 10 say Doctor you surgeon
you have il is true saved the life of father you
have set him up Two limbs 1t Ia true but while saving
his life you made one limb shorter than the other
and therefore you must pay They do not say that
Dr. o. is skfu as any surgeon in the land or any
that wsSs all they say Is that he wss neg
! gent Mind you they DO not say he undertook 10 de-
what he capable OF doing because ne dd not 90
that which the surgeons tell you impossible 10 be
done. Why II lawyers were 10 be sued because they
lost a cause who would be lawyer Not flor
would never try another. SO ii any surgeon has 10 be
sued because his patient did not look so well alter m
accident rs before should have no DR.. Motts. The
age of the who with this accident and his whole
appearance command our sympathy. and am sure he
has mine and Is only wonderful that after six
weeks confinement he is able, to walk with leg
shorter than the other. but To walk At all.
Hero Sir Gerard described the peculiar kind OF acct
dent the Plaintiff had met with and said the Surgeons oil
tell you this is fracture OF most dangerous character
made by compression between tree and cart received
at part OF the limb where the joints are peculiarly
liable to that degree of injury known compound
fracture fro whchjf patient gets we'll at all ne may
expectto have the most grateful feelings for his
and turn round and him because he not merely
saved his life but did Ii the sacrifice OF much time and
trouble on bis head and only that OF little ameness
on the part Of the sufferer
This accident happens then near Dr. O.s house and be
eoe or rather flies the Old man. helps 10 supper, him
tor several blocks when his the plaintiff g. unnau-
raj son stands fe doors CT shecripg his eyes from
the sun and himself with sending his children
to whut the matter, snd then turns round and
tries TO black mail this good Samaritan who had poured
oil ard into the wOunC6 OF hls Hged faherl ana
who the witne. supper, this action against the
Doctorl Why. gentlemen is this who
came tn seq if mis- father would have spint and who
vas unwilling to lay out tho sum OF S. for the hire OF
such necessary certainly unwilling to pay Sl2 for its
purchase Called the bedside Of this aged man. not
Nc the Doctor by desire to fellow being,
but by that exhibition Of feeling which find in calcu
la,ing the difference between s. and SIP.
Do you remember the answers which were made 10 the
questions put them" What did you say about your
fathers bav!ng sweed legs or tendency TO eryspelas "
oh nothing" " Had he good health p oh, very.
Did tell you that If he got well he would never
be able work or walk gain ?" " Oh no.. And yet you
remember all this conradicted by the other wit
particularly by the females Of the family The other
Wood also told you that the father sound hale and
hearty-was never attended By PHYSICIAN &c "0h,
they understood perfectly and were prepared to
the wind out OF sails ust well as they had
studied of book; for they had been wonderfully
well drilled" And how did 1t turn Out2 did they did
they that the father had been under the charge
Doctor the OF eryspeas and the dropsy? You.
gentlemen OF the Jury, can answer that question: put
to you twelve honest II they did know that the
father had been for twelve months under care OF Doctor
for Iropsy in the legs.
We do not say that this poor old man, who has been pa
raded here TO touch your sympahe has got his case
in order 10 make money out Of the Doctor. Oh my
client acquIts him of any intention OF the kind. Bat
do say that he has been forced Into this Court by his two
sop-or Dr. o. says that no charged nothing for his at
tendance hut did all that he has been proved to have done
out humanity and here is attempt made to
levy mail upon him under threat of exposure This
done in June When the sons called and IN answer
question Of what they wanted they said they wanted
rord but what kind Of words they did not choose 10 say
but 10 mint They knew the Doctor had house that he
was well known In the Tenth Ward, and that breath
might destroy his reputation they then let it out that
they wanted money. Well this was in June, but they
could their up the sticking point
commence the suit uHsl he third NondGyiu December.
why did they not demand the and bring the suit
tho same day: Why stay six months? Why because
they then began TO feel the 81 per week for the old mans
food and the 81 per week for fire and lights other
81 per week they told you to pay for clothing like,
gentlemen strip the human fend OF It's thin coating
and its inegumens 20 ana;omize the human heart lay
the mortal skeleton bare before the Jury and the Court
kllful lawyer can do this just skilifu surgeon
operate upon the physique. So the former with
the mental and the moral powers and enable you gentle
men, TO look through the TO his vices esti
mate HIS virtues. and TO understand his motives.
The Doctor tells you gentlemen, that when these
held back from aiding the father went him have
set his leg; bound tup al irs with the barrel slaves
and dragged into this Court because he has
done for him which but God and Nature could
give him. He Dr. O. had set legs before he said hun
dreds, and he might have said thousands. gentlemen
There is no better hospital than the Tenth Ward
He applied all hs care aud all his skill to the reduction
OF the fracture, and 10 bring down the swelling. which
had swollen 10 twice the natural size-apped the extern
son and left the mans leg comparatively comfortable
And here la fellow who had limb set be.
fore who sets himself judge OF skill in such
delicate operatopl fellow too who would buy
spint for his old father it Sl2 although he would
hire Tor s.. Is well perhaps for these natural
that their father in ais grave for theu the
Doctor would have heard nothing Of this persecution
and you gentlemen would have been spared the inves
rgation OF this
Now for young Dr. Cockcrot The latter part Of the 4,h
week ne weat there, ne says and found the bsndages
OF, and this was not done by the order OF Dr. Ostman
No, II had been done oy OF the family the
limb and relieve the pain under which the old
suffering But does Dr. c. with all his exhibition Of III
feeling toward my Client say anything which conyicts
him OF want OF skill Does say any thing which tends
10 show want Of skill Or of exhibited 6y my
client, that any other result sboa, than
was to be expected Certainly Eo.. The knee was
found to lie all right the foot square, and the
geons all tell you that II Is impossible TO find case
Of broken limb where Il is the length
before. Dr. c. 100, had mad dispute with my client
about the spnt and about that other French remedy
tue sarched bandase Dr. c. had also been that house
on The Saturday unknown 10 my Client and although he
would not a. first admit, yet got II OF him last and
took the other witness the unnatural he even gave
his c13HorL for H. Then DR.. c. said he had there in
the fourth week and found The leg OF the pln; but
how came il so Why DIR. Cheeseman and the other
Doctors had been there that day examine the leg and
had been ordered out OF the house By the family before the
limb could have been replaced in the splint.
Dr. Jas X. Wood and DR.. w. Parker were both called,