Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-25
AccIpENrAL PoIsoNIxs.
A Prominent Physician Sued 10 Re-
cover $50, 900 Damages.

streets. Am slightly acquainted with DIR.
Winston. His prescriptions came to me
occasionally. Here prescription was pro-
duced. Don't know Dr. Winston's hand
writing. Don know that the prescription
was put up at the store. Don't know that
lac called to see about it,
DIR. Lytle: | was called TO see Mr..
Brown, but did not prescribe. Called
on Sunday, after his death, Drs. Winston
and Willsams were present, DR.. Winston
made duplicate prescription, and thought
the error was made BY the druggist. He
said II was half grain; when you look
into it, you will see the druggist has made
the mistake Patient was i'll with fever.
Calomel would not act morphine would.
Nothing was said about post morton ex-
animation. Did not hear all of DIR. Win
ston's conversation. The duplicate made
by DR.. Winston would have been proper
prescription.
A. =. Shankland: Been acquainted with
DIR. Winston fifteen years. Was formerly
familiar with his writings. Looks at the
prescription. Those initials resemble his
handwriting. l have some Of his writing
at home, bat can't recollect that I've seen
him write in eight years. think know
his handwriting, and think the ]. ID. w.
looks like it. The figures in ink are not
his.
Patrick Donohue: Presided in Nashville
in 1865; was acquainted with VIM. Brown
six years. He was a sound, healthy man
SO far as know; he was a fireman; was
not with nina al the time of has death !;
have been acquainted with Dr. Winston
eight years; | called ON DR.. Winston to
wait on Brown the Sunday previous TO his
death; this was two years ago; the doctor
talked to me about year ago. saying he
wished the matter compromised; don't
recoilect the words that passed only know
that he wanted to settle it; he wanted to
know what amount would be necessary,
and | told him be might make his own
proposition; he made none, and [ don't
know that he has since; the doctor ac-
knoWledged the prescription TO be his i; am
acquainted with DIR. Winston's signature
1t was after this suit was brought that I
had the interview with him DIR. Winston
said that it was the prescription killed
Brown, but that il was not his fault /;
am very well satisfied that this p9e-
scription is DR.. Winston's; that part
Of it in ink was not there when
saw it the twelve grains of morphine
and calomel were; my conversation with
DIR. Winston was in his Office, and he had
requested me to come and see him all
parties were my friends the Doctor told
me there was mistake in the prescription,
and that it had been made in the drugstore.
DIR. Williams: Reside on the Gallatin
pike, five miles from Nashville, and am at
present farmer; have been acquainted
with DIR. Winston some twelve years knew
VIM. Brown; think he died in August,
1865; DIR. Winston stated to me that he
had written a prescription for Brown !;
don't know who filled the prescription;
was present at Browns death an opiate
Of some kind caused his death; | saw the
box which contained the medicine only
directions were written upon it. The clock
struck twelve Cat night as | was dressing
20 90 and see Brown; found him in dying
condition DIR. Winston avowed TO me his
innocence Of the mistake, and was very
! much troubled; we talked the matter over
he wrote duplicate of the prescription he
said he had given; this docking at the
prescription is not like the one saw him
/ write; don't know that the figures in writing
| have anything TO do with the prescription !;
twelve grains of morphine Isl an excessive
dose; Brown, so far as | know, took only
one dose had given Brown medicine
previously; am satisfied he died from an
overdose of preparation Of opium; dose
one powder ever three hours was written
upon a box from which took some pow
ders for the patient they were white pow
| ders, "a near as j can reeolleet, and told
| Mrs. Brown TO follow the directions on the
| box; don't know that there has been any
search for the box by DR.. Winston since.
| When / returned, / was told that Brown
had taken all the powders, taking one every
hour: / made efforts TO restore Brown
put him on the floor and poured buckets Of
| ice water upon him, and tried TO admins
ter an emetic; sent home for a stomach
pump, but il came TO late. / wrote note
| TO DR.. Winston TO come and see the pre-
| scription, but cannot say whether he ac-
knowledged writing it; he was strongly
| Of opinion the prescription had been mutt
listed il was suggested that post morton ex-
summation be made, but / don't know who
made the suggestion lopposed it, for was
satisfied as TO the cause of his death by an
spiate. DR.. Winston said that he might
have unfortunately neglected in writing the
prescription, to draw the line which should
have separated the one and the two to
make il one-half; one Of Browns friends
administered the medicine; he had been
sick some days, and had waited upon him
saw prescription of DIR. Winston's and
he requested that if should approve of il,
should administer the medicine. read
on the prescription one-half grain Of NOR
phins. There were two boxes, out of one
Of which took one powder and admins.
tered il, according to the direction, which
l think was: "Dose, one powder every
three hours" ! am satisfied that from the
directions on the box and in the prescrip-
ton that the medicine was to have been
administered every three hours, or may be
four. ] noticed in the prescription at the
drugstore, that the fgnres of the first
twelve were much larger than those of the
second. Dr. Winston thought the mark
between the one and two might have been
oblitcrated. All the medicine was taken by
Brown during the time between shutdown
and eleven o'clock. l did not read DIR.
Winston's prescription as carefully as
might have read il, knowing DIR. Winston's
standing as a physician.
f. r. Demoyille: Reside here have
been druggist about twenty-five years
if a prescription of twelve grains of NOR
phine and twelve grains of calomel were
given to me to fll, | would see the physi
cian before filing it.
Defense here tried to show that il was tn,
business Of druggist to see that such pre-
scriptions were not filled, but was over.
ruled by the court, and the witness retired
DR. BUST Or. Winston stands high II
the community as prac;icing physician
think the figures in the prescription il
question are twelve.
]. {. Wharton: Have been a druggis
nearly fourteen years; DR.. Winston gen
orally uses figures instead Of symbols u
writing his prescriptions, making the di
viding line diagonal
This concluded the testimony, and Gov
Neil s. Brown opened the argument for th'
prosecution. lie will be followed to-de,
BY Judge Harrison and J. l.. Spurlock 70
, the defense Mr.. Thompkins will max
the closing speech for the prosecution.
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