Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1875-05-06

4 HANDSOME DOVER PROPERTY INVOLVED IN DEL.
IcArE MADIcAL QCEsIIoN-wAs THE BABE BORN
ALIVE!
Special TO he Commercial
Dover, DEL, May 4.
To-day, in the Superior Court for this county, |
the suit Of Wilson l.. Cannon, guardian. against |
Rev. Henry Il. Hall, was taken up 1t Is not no
entitled on the legal dockets, the formula Of
John Doe, lessee %. Richard Roe, tenant in pos
session, &C.. being employed to represent the
relations Of psrties
This liz the history Of the case Henry Stout,a
member Of the Kent county bar, aud prolni-
i,ent citizen, died about ten years ago, leaving
three children, two Of them sons, In whose be-
half W. l.. Cannon, their guardian, brings this
euit, and daughter, with considerable real
estate to be divided equally amongst them. Ths
| daughter, about five years ago, married Rev. II.
| II. Hall. Of loves. and having lived about
wear after marriage, died in giving brit, to her
first child. Now the simple question il "Was
the clmld born alivep" II ii was, her husband.
Rev. Mr.. Hall, who liz the real defendant in the
suit, will hold her real estate and en-.
10Y its profits, M 'tenant by courtesy
during his life But il the besav b.
not delivered alive, he has no rights ~ its heir,
and Mrs. Halls share of her fathers property
goes to her two brothers, tho boys who arc
| plaintiffs in the suit. 1t consists OF handsome
mansion on Dover Green" and farm about
three miles east Of the town. the rental value OF
both being some rSOo
From the above statement it would seem that
tho case il q plain one. But am informed that
the evidence will show that 1t involves recently
raised nicely Of medical jurisprudence, namely
What Is lifep The trial began to-day, and nu-
the PLAINTIFF, Hon. Sos 'Pe'''css omesy
and Hon. Eli salisbury for the de-
PENDANT, Hon. N. b. Smthers. Hon. G. 3.
Layton, and Edw. Rldssly, Esq. For the do
fence there WAS quite number OF medical W.T.
. lin, tpI, tNLN ai,,
4 ded Mrs. Hall in her confinement, several emil
Q | nent members Of the profession, summoned as
/ experts" from Philadelphia, and several othora
a of our own practitioners.
Jury being obtained, Mr.. comegys opened
h for the plaintiff, and admitted that the only
y question was whether Mrs. Hall gave birth to =
!; child, during coverture, capable OF inheritlne
il and transmitting property, Dr. George Good
: Mrs. Hsll previous to and during her confine
II ment, (her husband then residing in New Jer
/. sey about miles from witness,) testified tina
70 she was confnad April 25th, and died May lst
1871. She had been Ill, and about two week.
d before confinement, fell from some kind Of con
le vusion. The child was born at II o'clock, +
y NJ; l discovered no sign OF respiration o
Il motion; do not say it did not breathe, bnt tia
n did not observe il breathe it was large ant
fully matured child III saying saw no "mo
T. tion," mean muscular or external motion.
l. Hon. John A. Nicholson was the only othe
es witness for the plaintiff. After objection an
O. argument he was permitted to testify that til
is reputation amongst the family Of Mrs. Hall wa
ps that her child was stubborn Mrs. Hall was hi
h. wifes cousin. He also testified that the bod
of the child was brought by express, to Dover
Of and buried in the Presbyterian burying ground
ut No one came with it.
Mt MIR. Rdgeiv opened for the defendant, All
10 said they would prove that Angelica Stout CAV
re- birrh to living Child l. by the attendant ply
ne cian; p they felt its heart beat D. they felt tn
cs temporal artery pnlsate; T. also the umbilic'
q al Had utvlva1 nurian
of I, that in the judgment of distinguishe
ne experts, the facts related by the attendn
nc physicians proved it was born alive. Tho fir
rs witness was DR.. Goodel, already examined 9
ed the other side, who was nos called by the d.
on fondant. He testified at length and Was eros
ey examined by Mr.. Comegys with minute elabor
ID ton, continuing oil the stand mp to the recess
do the court for dinner, and after The Imperial
beat with force, and continued to do go for sever
Of minutes after the umbilical cord WAS severe
We aud then the temporal artery failed, the color
I'm the lips faded, and though he and DR.. Page us'
of all means for restoration, dashing cold water
be its face Initiating its lungs by breathing into theI
lis &c. it finally diedin the warm bath in which tn
On had lastly put it. 1t had separate, lndepende
md life, after the severance of the umbilic's 81
the witness never thought anything else I;
ing would not have used the means to preserve
are life. il he had considered it dead when Dor
But though tho presumed result Of dashing W
on, ter in the childs face is to produce respirato
he saw no respiration when that "
ion done, nor did the breathing into
rch mouth produce any-and desperation
ce. essential to life He also placed the child
rho its eide and gave it a rotatory motion, 80 as
oil suck in air. The Doctors evidence was lsrs'
3 in professional and carried out to extreme mnu
ca- ness Of detail. He said circulation indeps
one dent Of respiration and the latter might be st
APP era minutes postponed. and yet the child live
are DIR. Pages testimony corruborated 1
eed Goodells. He considered the beating Of
ALL heart the evidence OF life, and his efforts w
ma to continue the life they had. He gave
are physicians certificate for "stl born" Chi
ere meaning simply that it died shortly after Dir
sts, Everything but respiration indicated lvi
no ehu!ha:: -nruse, Professor or Midwifery in
an University Of Pennsylvania, testified that Ut
cts, the testimony of Goodel and DR.. Page, he Ii
no doubt the child had separate, mdepend
res life. Pnsation Of the heart is the chief 81,
ach As soon the placenta lis separated, all phys
af- logical connection ceases, and til,
in il no dependence on the mother, whether
umbilicus be severed or not. In the cases
ler, long continued life without apparent resp
ire, tion l think there must have been entrance
but air though not perceptible.
the The trial will continue on to. morrow