Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-31
Early Indiana Trials. n
"REMINISCENCES BY uoN. o. II. SMITH
A NAL PRACTICE CASE AND A LEARNED
..f..4, .,.., ...... 4. WITNESS. ... tI....f t'


idelr oT trft 4-lsei eitt1 -4.la
A NAL PRACTICE CASE AND A LEARNED
,ifni' ,sri tto WITNESS. s.sff
AT u torn of the Rush Circuit
Court, camc on an important case
against DI. Sexton for NAL practice,
in failing to cure a case Of wbitlow
on the plaintiffs finger. The Doctor
was one of the first surgeons in the
State was employed TO assist my
youag friend, Charles IL. Test, In the
lefence; Amos Lane and james Il.
Brown for the nlsrintiff; damages
claimed. $40, 900; r thuel +. Morris
md his sside judgesp on the bench.
IL was admitted that the fingers OF
the hand in question We're drawn to
tho palm, and entirely stiff, when l,r.
SEXTON was first called. Preparato-
.y TO tho trial, the Doctor had placed
my hands BELL ON Surgery, CIV
ng mo an opportunity to understand
llis case. 1he prosecuting witness
vas little pock marked Irish Doc
sor, who / call by the uncommon
aame of Smith. lie had been but u
low years from the Emerald Isle, with
t'rich brogue" upon his tongue, ana
good spice Of theblarney, andw,th.
ii a very laudable ambition 70 become
The competitor OF Dr. Sexton. Like
leath he "choses a shining mark. >.
lie professed 10 be regular gradu
tic from q college in Cork, and with
the most significant look would draw
rom his pocket n round silver med
Al, upon which was stamped "Dr.
smith, diploma," and exhibit to the
gaze ofthe people. The Doctor would
nave succeeded well had he confined
aimself 70 country practice, and, a.
ny ancient friend, Jeremiah Cox, ol
lichmond, said in the Senate, to
common doctring with pills ana
,owders, and let surgenary alone.
IL seemed that he hud heard OF
his whitlow case, had got up the
prosecution against DIR. Sexton, ant
low stood upon the witness stand AZ
he main, and indeed only witness
or the plaintiff He most clearly
Jroved the NAL practice of DIR. Sex
ON, aud most triumphantly pointed
D the stiff fingers. What more do
'ou want but the hand ye see -" Tn,
,iaintiif rested, and my duty ofcross
QUESTIONING the Doctor commenced.
Doctor you say this was nal prac-
ice n ,lo sir" "Are you q regu-
n. surgeonY III suppose am.
Have you diplomay Il havesir.
Will you let me sec ity' ~ will
qot sir. ~ ut is in your pocket, is il
lot ?'r "Itis sir" "Then hand il
ut. Counsel for plaintiff-''Weob h.
Get, it is I, private document, and no
,otice has been given to produce IL,
.or has n subpoena duces te cum been
sued The Court-''Objection sus.
aimed well, Doctor, is not youi
.iploma silver, about the size ofa dol
iir p Suppose il is-what's thatto
GU p "You swear that this was maj
,ractice; do you understand that th,
muscles were contracted and th,
ingers stiff, with the ends drawn int
he palm Of the hand, when DIR. Sex
on was first called ?" IL understand
o." ado you think you could hav,
traightened the fingers and given
lasticity to the joints in that state 4
Certainly" "What would you hav,
pplied TO the case p "A pouItice Of
lippery elm bark. doctor, whal
haractcr Of wbitlow was this? Was
seated under the cuticle near th,
DOT or side Of the nail, or in the eel.
ilar membrane under the cuticle, o.
a the theca or sheath OF the fexoi
tndons, or in the penostem.' 1t was
vident that this question struck th,
)octor all abeck. IL was in the Ian
uage Of my facetious friend Jas. I
,rown, on another occasion, "al,
ireek and turkey tracks" TO the wit
.css. Witness greatly confused
lrgc drops Of perspiration falling
rom his chin, and looking imploring
v at the Court, "Must answer sucl
uestions? | did not come here /,
. examined as ii | was before a Col
,gc Of Physicians asking diploma 7
udge Morris, ,-"the question isprop
r, the witness must answer" J
han't answer--the Court may sent
de to jail II was apparent TO m,
hat the Doctor thought he could no
iake his position worse than il wa
ccomming on the stand, and that 20
ng TO jail would be fortunate es
ape. You could answer IL yol
sould Doctor" F" Certainly | could
moment of time" "But yol
son't do itg" 'sNot T. Doctor d,
.ou think this was a case OF Parony
char "Of what, did you sayf'
or Paronychia ?" IL shan tansw er.
You &C uld answer if you would Doc
or" eSurely / could" steppin,
,bout the floor, and becoming NOR,
lgitated. doctor might not thi
ravc been q case Of anychid ndiignd?
| shall answer no such qostions.
You could answer IL you would /?
In minute" Don't some of th
uthors that you have read, speak 0
hc disease under the divisions hav
,amed y "Ibelicve they do. "Whicl
them, Doctor p al shan't answer.
You could tell me If you would.
Yes sir, | could name fifty Of them.
Please name oneY" II shan't do il.
Doctor, do not some of the author
ou have read, say that in ccrtail
.tages OF the disease, il is proper I
Iselunar caustic and other escharoi
ssy'", III tell you shall answer n
.uch questions" "You could Civ
nc the names Of tho authors II yo
would, Doctor" Indeed could i, O
ong ns your arm" Here tho couns,
or the plaintiff rescued the Doctor
May IL please tho Court, we wi
press this case for the plaintiff n
/ further; let the Jury find for the d,