Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-03-10


vas not before the jury. and they have
not had = fair showing either for
praise or condemnation. Another jury
must decide the question-whether or
not they have betrayed their trust.
The Towards had no association with
the case, nor had they any interest in
it. The opposing counsel claimed
otherwise, and termed the Towards a
party of hirelings. The real issue un.
der consideration was a suit against
Mr.. Uorrell for sos for medical atten-
ton rendered by DR.. Nuttall during
the epidemic oflS7S, and while in the
employ of the Howard association at a
daily salary Of ten dollars.
The entire issue is that Mr.. COrrell
claims the doctor had no right to
charge for his services, as the doctor
was in the employ of the Howard
association at the time, and he (Mr.
Correl) was a proper recipient of the
charities Of the Howard association.
The doctor was under a contract
to the Howards to serve his
client during his illness without
charging therefor. The coun-
sci for plaintiff has said that the
defendant has not dared to appear in
the case, but has iutcrposed his
brother as a defendant to the suit. |
would not make a charge Of corrupt
motives against him for the sum of
sos. The defendant wax absent at
Little Rock, and there is nothing in
the change to base sucha charge upon.
Mr.. Cornell was a poor man, who had
only n seventh interest in a prop.
erty that a!terward sold for $500 DR..
Nuttall was not the regular physician,
but DR.. Willett was. When Mr.. Cor
rell was taken sick the family con-
suited about who should be called in
to attend him. They decided to call
DR.. Nuttall, saying "he is waiting on
the sick aroundhere, and is a Howard
doctor, we will call him in" The
were in distress, he said, and it
was no part Of DR.. Nuttall's business
act in an arbitrary manner and de-
eide whom he would charge. The
testimony showed that the Howards
had engaged DR.. Nuttall to give his
time to their services and we're
not to seek out rich people as patients
to be charged for attention to the ex-
Of the poor. DR.. Nuttall had
said an epidemic was the doctors har-
vest. He claimed it to be the poor
mans misfortune. The world at large
did not intend the money sent from a
fund here for a doctors harvest. Ac.
,ording to DR.. Mitchell's testimony
Dr.. Nuttall might have charged
'hree hundred dollars, which was
lbout the total interest his client had
n a piece of property owned in com
non by sever persons. His client
within the class of people that
he Towards were providing for at the
as he could not then have gone
)ut and purchased a meals victuals.o or
! drug prescription. 1t was through
10 fault of his that he was in so sad a
tate then, and it should be no reAec-
lion upon him. In closing the argu-
nent Mr.. Khctt excoriated the How
Ird association for the manner in
which they exercised their trust, and
their own services as the equal
If a skilled physician, paying them
and taking good care
lot to let the physicians place an
estimate upon the value of their own
Iervices. He claimed that the society
rad attempted to injurc the medical
fraternity by publishing to the world
views and resolutions, and he
pictured elOquently the fact that
funds were sent here from
New York bootblacks and other people
afar to relieve the sick and dis
5rcssed. The Towards had done some
it was admitted on all sides, but
he, and the jury, too, had Q how
some had been among them with long,
aux and hungrylook before the epidm 0
rev fat and sleek after it was over,
noses looking like a torchlight,
20 that when a fly lit upon it it seemed
4 black speck as Of a demon in hell
Gre. Here Judge Pierce called tho
attention Of Mr.. Rhett to the fact
that his remarks had not been appar-
emit in his evidence and he
must confne his argument to the facts
developed in the testimony. Mr..
said it had been published to
world through the newspapers.
He, however, made no further allusiOn
10 c%xtraneous testimony.
In his written instructions to tho
Jury Judge Pierce explained the cause
at issue as being a suit by the plaintiff
for $lOJ in payment ros medical atten-
lion during the expidemic of 1878, the
defendant resisting on that the plain
tiff was in tho employ Of, aud was paid
nv. the Howard association and he