Morning journal and courier., 1894-04-11
COURT RECORD.


Superior Court Civil Side - Judge Prentice.
 In this court yesterday the trial of the suit for $15, ,O00 damages brought by MT. and Mrs. John Hurley against Dickerman Bsssett and the se1ectmen and health
 authorities of Derby, alleging that Michael Hurley, son of ths plaiatiffs, died at the pest house there from small pox, in conse- quence of improper treatment, was begun.
 The case has been in the courts for several weeks, the plaintiffs aide having been com- pleted last week and the defense eommsn- ced last Thursday.
 The plaintiffs claimed that the peat houss was only temporarily constructed sbout two years ago, at the time when small pox was more or less prevalent in that section. It was also claimed and tes- tiied to by witnesses that the building waa improperly constructed. that there were large cracks in the side of the build ing, through which the snow and rain came through onto-the patients, and Shat the attending physician. Dr. R. J Barry, and the nurses were constantly under the influence of liquor, and that in conse- quence the patients did not receive proper treatment.
 This was substantially the claim of the plaintiff. The defense is total and con- plste denial of these allegations. Yester- day the defense put Dr. Barry on the stand. He testified that the claims of the plaint- ifs were absolutely untrue; that he was never under the influence of liquor when he visited the pest house, and had never seen any of the nurses or attendants under the influence of liquor. He also testified regularly and that none of the patients so far as he knew were ever neglected.
 Late in the afternoon after Dr. Barry hsd completed his evidence, Dr. o. A. Ltndsley of this city, secretary of the state board of health, was called to the stand as an expert on smallpox by the defense He was evidently put on the stand to prove that even if the pest house was in the con. dition 1t ts claimed 1t wa, it was nothing detrimental to the health of the patients. During his testimony Dr. Ltndsley gave 8 mode of treatment. He also stated that he had considerable experience in the treat ment of cases of smallpox in this city, and that when he was attending the cases the patients were kept in tent, ss 1t was be- lieved that they could be benefited by hay. ing plenty of fresh air which could not be secured in the ward of any hospital, and it was for this reason that the tents were preferred. In reply to a query from Attorney Williams as to whsth- CT snow and rain ever got into the tents and what its effect was upon the pa- tients, he said, that this often occurred during his experience and he had never hoard of any injurious effects in conse- qusnce thereof. It was also brought ont that one of the Derby selectmen came to him and asked him whether the proposed pest house vas suitable and that from his description of 1t, he hsd decided that 1t was.
 The last witness ef the day was Repor- ter Junk of the Derby Transcript. He stated that he had written description of -tha pest house for his paper. He will probably be recalled at the session of the court this morning.
 At the morning session M. R. Burgess testified a to the condition of the pest houss. He said that he had visited 1t within the past two or three days and ex. amined the floors and sides. The floor he said was of two inch matched blanks, but while light could be faintly ses through one of tho cracks on the side there were no cracks through which anyone could look and see what was going on below.
 The trial will be resumed this morning. Attorney Fowler is conducting the case for l the plaintiffs, while the defense is repre-