The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-03

Kings County Circuit Court.
Before Hon ,rable s. b. Strong. presiding.


Kings County Circuit Court.
! Before Hon orabe s. b. Strong presiding.
ACTION FOR MALPRAcTIuE AGAINST A PHYSICIAN.
Third DAY-DEc. 1-AlJc1 H. Wilson, an infant, by
his nert friend, against Isaac X SneU-The court con-
vened at ten O'Clock yesterday morning and the trial
resumed.
Charles Tracy and Il. Merrill Esqs appeared for the
plaintiff; and J. A. Lott, T. C. Pnckney and J. H. II.
Finckney, Esqs., for defendant.
The folio siDg is continuation of the testimony for the
william Detmold sworn-Is a surgeon and praetises In
New bo% ssr 70, e. 10 s
mony on the first day Of the trial. the boys right
is much emacated, somewhat stiff in elbow joint,
slight sweng the inside OF the arm; ail the fingers
and thumb q the hand missing; there are number
OF along the forearm; felt the ARM feels Us an
out OF less natural heat than sound arm, thg
pulse OF ess than in the other hani the pulse
is otherwise natural found two three circular scars
other scars; IL | had not heard OF the case woulc
nor like to say what produced them they
might have been caused BY burns other injuries
n,thing unnatural about the upper The Doctors
evidence went to show that such pu aries are calculated
to prodoce local nervous Injury arising the thick
eniIg y eduiol the new bony matter apt to produce
pressure upon tie nerve, and more less paralysis
The Doctor kept upon the stand for three hours
during which no was subjected to rigid cross oxami
nation.
stel hen W. Simmons sworn-Carrisd tho boy home
after he was injured he fell from the staging Of the bow
Of vessel In EcAGord Webbs sbipyatd at Greeapoiat
the first to him after he fell carried him about
hunde ed yards 10 his home.
Dir. Tracy for plaintiff proposed to exhibit the boys
arm TO the jury which objected to by Dr. Lott for
defence.
Objection allowed by the Court.
1hi concluded the evidence for the prosecution, and
Mr. Lott made his opening speech for the Defence Darag
Drtits Medical SURGERY from which he proposed to
read 10 an extraordinary case d modification
tainsd In q note.
Mr.. Tracy, In defence, objected, contendins that
book was IT authocy aud could not be quoted as owl
denco in u case
This Court overruled the objection
EVIDENCE FOR THE Defence
including I'll li have a. sSrgee1 fst q
about the Whole Of thai Tine in he New York Cniya
sy; have otherwise psctised In hospitals almost the
whole Of tina. time examined the boys arm very cursor
moby.
g From your examination Of the boy, what is your
Objected to by counsel for psintiG and waived for the
present by counsel for defence.
examined the il iuries sufficiently to form opinion
about IL, on the examination Of arm, discovered loss
Of me Of the members Of the hand, they were a NOR
ti6ed the hand tcformed in consequence examined
tho elbow in reference to the srtey, and believe the
large artery at the bend Of the elbow otlftea
o. the arteries Of tho forearm pusated-weaken
jury might have been the cause Of the obliteation
q ire artery m rom .t me position OF tue b'ne
medatey the direct circulation of the forearm all The
pats below the interruption would be effected; if the
fingers ted c,l5nesa in the evening after the
dent would show that the circulation was impedet
Q. Would that ,be attributable to the treatment Of
the surgeon Would IL produce the modification of this
fpgefsY
A. II is very doubtful whether oberation Of the ar
cry would lead to modification the fingers; when
he nerves Effected in limb 1t does not materially
interfere with the cncuation OF the blood general
rule it IL remarkable act with regard to the arms that
they very seldom perish from the want q crcuiaton
surgeons differ TO the amount Of bandegng; baud
aging Is generally practised thirty forty years ago 1t
was different; generally iuse baniages and apply
them sec tic.
O. If bandage were applied 30 tight in the afternoon
as to produce GOODNESS Of fingers and swelling and DISCO
ioraton and bandseng should not be changed for six
days, what woula he the eIcctY
A. Cannot tell without seeing it, II this should
undoubtedly acLen the bandsges tho evening OF the
first day, not that believe that any ordinary bandagug
Of tile would produce mort cation OF the hand or
dina1y bapdaging would not produce modification;
number Of years ago met with not very di,sim
lar from This here that boy eight ten
years Old who fell from tree not three miles from this
place Long Island he dsocated til elbow joint and
flesh; restored the bonea to their proper places and
dressed the arm; put bandage on We loosely as al
forearm 10 put II in the most easy position and placed 1t
IN trough; 10 my surprise, after few days discover
ed the hard was cold; modification followed the
modification spread up the entire forearm: above
the elbow, and ] was afraid would not
stop but IL did stop leaving enough to take 1t OF
below the shouder after the lap.e Of some years
not positive ia the caue bu believe that 1t owing
TO the Of the artery at the bend OF the elbow
eafessly say that do not know the OF it. and
now know other than the obteration Of the
terry; the beat Of asccrainjng the of the
fracture is at the time Of the accident; saw
dsge II the arm produce notification under ordinary
crcumstances Iecolect the case of Miss iowerTe hi
Concord street In this city, t6e modification there
Spontaneous: what il unusual modification In
hand and ann: IL was an uncommon case the m,rfca
ton continued TO extend wards, and the became
loahsomc to her. presented the cse for aud against
ton and was her urgent request that the limb
should DC severed from the BODY she died few days az
ter. from modification the stomach; did not
mend the ampu atiQn 1t was her own choice.
Crosse nation-A igature can be put around the
arm tight enough 80 produce qualifications; did not OBJ
serve the the boys arm, and don't believe
they were there; observed no scars.
James ". Dean sw ,rn--Am builder; was formerly
druggist; read medicine and surgery two years SINCE
druggist. for three years know Of the Aston OF
the accidents present at the frat dressing assisting
rr Smell; the Doctor examined the arm felt 1t myself
and found that the portion Of brskca
obliquely and tbs condyle separately felt the move
as tho hone had showed up; the band.ges apped
by Gr. Piince had seen bartogng before that don't
know that am competent 70 give an opinion az to the
nature Of the bar dagng; the banc8ge the arm
put smoothly tight Dr. Smell extended the fore arm
and put the bones in their place; the evening of the
Prince and Dr. lad been to his house s'
Conversation as to the at that time objected to.
Nj. Wilson requested Mr. SMELLS attendance on the
fpruits Medical surgery" presented and plate shown
Cfoss.exsnination-br. Smell explained the nature of
the fracture from the place shown; don't reoolec that
that time never attended course Of ieotuss upon sur
gerry at medical college; was the proprietor OF this
drug store Dr. Smell had his Office In III attended to my
business and studied surgery besides; the principal part
OF ny studies confined TO anatomy; had then
died about years. assisted in setting fractured
once before there something Ike swelling on the
arm caused by the bones did not observe whether
the condye in its place out when held the arm;
found two pieces OF bone at the elbow examined as
witness the former trial two years ago last Septen-
Der sold ont my establishment; DID not testify to the
double fracture On the former trial
The Court then adjourned.
A NEW YORK MAIL RoBBED.-The bag contain
ing the through mail from New York city to Montreal Of
Friday last (msde up Of the night bcfore,)
found ea yesterday morning upon the track OF the Vt
Central Road, between here and Winooski about mile
from the village On examination IL found that the
bag had been cut open, twenty-five letters opened and
replaced and fur letters shown by the post BILL alb