The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-05-05
SUPREME JUDICIAL COURT, Waldo Co.
DICKERSON, J. PRESIDING.

DICkERSON, y. PRESIDING.
JOSEPH B. HoWEs VS. NAHUM MONROE. The
trial of this case began on Thursday afternoon.
This is action to recover compensation for dam
ages alleged to have been caused by the malpractice
of the defendant, who is practicing physician and
surgeon. Plaintiff was Il laboring man. 1t is al
legged in the writ that in May. 1867, Howes got
some lime in one of his eyes, which caused sore
ness-that DR.. Monroe, a few days subsequently,
while professionally attending Mrs. Iowes, was
asked to look at the eye-that the doctor applied to
both eyes burning and destructive preparation,
which destroyed the sight, and that the plaintiff
has not seen from that hour and is now totally and
hopelessly deprived of sight.
A. G. Jewett appeared for plaintiff, and F. s.
Nickerson tor defence.
Charles Palmer, of Belfast one of the Jurors,
informed the Court that he had formed an opinion
in the case, and desired to be excused. He was
accordingly excused, and George o. Bailey, super
numerary, called to the place.
Mr.. Jewett made the opening of the case. read
the writ, and stated what was expected 10 he pio-
ven on the part of the plaintiff
The plaintiff in the case was led into court by his
wife, and groped his way, by aid ola cane, to the
witness stand.
At the conclusion of Mr.. Jewett's opening, the
court adjourned until Friday morning.
FRIDAYS PROCEEDINGS.
Marian A. Howes, sworn. Wife of plaintiff
Lived in Belfast % years been married so years; !;
have raised family of children; my husband always
healthy man; always temperate; aboring man;
in out door work, was 20 years stage driver and
agent; eyes never failed him during the time; up to
time of getting the mortar in them his eyes were
well; got mortar in right eye only; lived at that
NTnL1 t1,n
work in our present house; we were moving at the
time; DR.. Monroe was calling to see me after the
mortar got in :; | was sick and sent for him. he
had visited me the day before; was very sick in
deed for short time; asked him to look and if
there was anything in Mr.. Howes's eye; Mr.. Rowes
had said he thought there was something in it,
no one was in the room with us when said this;
after getting mort ar in he was able to work every
day; wore handkerchief over it; it was or s
days after that DR.. NJ. saw him; he had worked
every day; had examined eye; saw nothing; other
eye was perfectly well; he made no complaint of
9ay those t or dasi VIZ he was moving thmg%s % and
preparing house; he had ateam, and drove it drove
cow daily to pasture, half mile one day he had
sick-headache, and boy drove cow first had know
ledge of DR.. Monroe's application, by Mrs Holmes
telling me of it; when he came up stairs he was
moaning; it was three hours afterwards my aunt
Holmes was there attending me; Mr.. Howes
led up stairs to room adjoining mine; could hear
hlm grooming at every breath; was able in two or
three days to go to him; went to door ofhis room
on second day; he was then in distress; continued
to groan up to that time both night and day; was
not able to stay much with him before Doctor came
again; he made an application in my presence: it
Halmas What had hannenea heIow saw DR. make an.
nlication in ronm nm star: : the Dr. took y hrnsh
and put something in his eyes, brushing each way;
i ,a ,'. q ohoi3 th I hood tbrorn b,t. nr Monroo
asked .show 10 vonr eyes feel Mr. Uowes said
''they feel very bad l havnt seen Il might since;
Mr. IT comnained of sutferino nm to that time. the
nr AID not Notify him Of rnnnetine # or mo + had
M tnowiedne Of his intention TO IA 50. Mrs. Wins.
i 1u d uI Ioo W , M rSant ~ eono,,J o,ll;o,tin l,
# mrn,inaen sc.aamino and moaning from Mr. n
pd;t ~ .L ms ;a s.o"n,t 80 to,d = >,
MI ~ o .'u tba ~ so sid .sot ho aF at
and let him MT his face in and Wash off some off
anu .' I'LL ma p, us iare III anu & *i'i i f Gu m VI
U ~. @ W" ] olouSIs ~. @ ol m P. Ptl m i;t;' IT, ~ ~ .i NV.
s,'tr Pnstea o Nv nn am ated h
aoo t ;. ha s ,sa o,S In,
n.Ii III ~ t NJ @ 40 . I, o NJ ~
sanond onn;nat;o, NV hnshanJ has not saan since.
he Is totoIlu hl;na ,s to seeino anv object what
ever. tbe ~ came q thirj lime n few days after.
W. i5 tho,, tbot ho onId 40 no+hinn 70 mala bim
600 ha sod ..I foa M If 10 anvth;na more vomr
fo,,,1 ho ;I ] o thot hro % ,1odn Won, hlind "
astnd tbe nr ;fha conld do ANYTIME 10 make nv
husband see :. he said ..No-nothinp:' he gave me
~, n,,.imnt?o,, nr rooso, WV i7n oaul,i,nt 600.
to1d ~ p m tiot NV bnshoni coulTnt COO. m
mode M ;nnu;rv aloi1, min nor about nv troat
,nant Of oraI he cave no diractions save to wash
in warm water, or milk and water: Dr. recOmmer-
dad him to on TO hosnitnl in Roston # was Q or 10
onha mu % seSards f. az pad he wond assis and carc
for him MI affer that he notified that he shoud not
helm. if was the night before he left we received
NC IA fo 40 hin, inv mf cot # nsawhere no os ona
~ daVs. s @ had son in Roston man crown: did
not ~ ca1iad mon the Dr heforc the suit Was he'
o ro - ioa If ha uroud maln rodresS. he sold
ga sVo ~ .em ,ar indvarv nnte ;nooG n% m if
he had bu nothns more to saw NV husband has been
n|ln .l ~ III iit fn JT 40 % svn thot Nod nt
ANY a. Is ~ oat ti narfsc n r s,; Xxx onn nonI tha
hest +. this this was or 10 months after applicatons
iae tai' aor o rooi,oI nnv n,rr aycnnt f
t l.n = as tuo or +braa yveaES hafore hushanI
oa,Id a mored to now housc. he suffered nVtrcmn
uoi,' nain for m n weekInot So much afterwards Dr.
pawar hove M told me- what was mt in the ewes: don't
,,o aHoant eoo INV hearsay we have no means of
i;u;mo, o>cep Nv orr Labor. our cbildre, reside
ayay. nv husband is about IS wears Old
"%y co, ~ 4 au;mad ReS;Je in q house Srnno,od to
oaoss ,'s m i;rad thore two W. ana hnlf vo,rs
,o"a pe o fon nr Monroe,s housn 70 that % o,e w.
ina,t - ~ Mnuroo ,rst conoIuInI % thnt D
od anstroro1 ~ w tho ovas nr vea nr more IN to
M i,tu uesti .. y " ~. W ~ It ~ !, " - i VI @ ~ " .ht