El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-11-15

purseO Dy Oruor OF the cn1e1 surgoOl-
The vice president, according to the
deposition, alone had the power to ap-
point or discharge the chief surgeon
However, the policy of the company
WAS not to discharge either high or
low employees for mere complaint of in
competency, but only when such in
competency is proven. The hospital
department. was ests blished for rhe
purpose of assisting employees to help
themselves and to mai ltaia fund for
the msintenance of the sick or injured
employees, who might be thrown on the
charity of towns or counties: when i'll
or injured.
DIR. TURNER ON THE STAND.
DR.. Turner was called TO the stand
and asked by Mr.. Davis if the tele-
grams sent by him to DR.. Graves and
attached to his deposition were true.
as q matter of fact, but before he could
reply Captain Beall objected, saying
that the kilograms must first be pro-
duced as they were the best evidence.
The court overruled the objection
and an exception was noted.
DR.. Turner testified that the tele-
grams contained q true statement rela-
tive to the condition of the patient e
the time they were sent, according 70
his opinion as medical man.
Witness was excused without croes
examination.
CIRCUS PROCESSION PASSED.
The deposition of DR.. Turner was
then offered, but just then the circus
procession appeared and jurors, lawyers
and witnesses made bolt for the door.
The business of the court was tenn
porarily suspended.
When the procession had passed q
portion OF the deposition was read by
counsel for plaintiff.
Captain Beall objected on the grounds
that when the deposition was taken
the railway company was not a party
to the suit.
This statement was denied by Wa
ters Davis, who referred the lawyer for
the corporation to his written agree
ment. Captain Beall explained that
the company had been dismissed from
the suit before the deposition was
taken and afterwards made defend
ant.
Attorney Davis introduced the writ
ten agreement and it was made part of
the evidence. After argument the
court gave it as his opinion that the
deposition should be excluded as to
the railway company, but its reading
W as permitted with authorities On the
question to be submitted after din ner.
Judge Newton, for DR.. Graves, OBJ
jected to the deposition on the ground
that his client had no notice.
DR.. TURNER'S DEPOSITION
All objections were overruled and
the depositionOof DR.. Turner was
read as follows:
81 am connected with the hospital
department of the G. 81. & S. A. rail-
way and DIR. Amos Graves is the chief
surgeon of that department. He has
supervision and control of the
hospital department and it's af-
airs. My instructions all came from
Dr.. Graves and 1 know of no ode else
With authority over this departments.
& is the duty of local surgeons to
wire DR.. Graves the facts when an en-
,loye is seriously injured. DR..
Graves appoints local surgeons aud has
control over the local surgeons at Ell
7aso. receive my instru ctions from
him. was appointed by him and make
'eports to him. he alone has authori-
y to discharge me. My salary Is $40
,er month, but as a matter OF fact 1 re-
eive but $3.50, SO cents being re-
aimed for the hospital fund. DIR.
Wright of Ell Paso, was appointed to
'ssist me whenever 1 call upon him. I
IN the assistant surgeon at this place.
ION or about Junes12 I sent several
eiegrsms to DR.. Graves, reporting the
INJURIES received by William Hanway.
afterwards made written report.
The copies of the kilograms were OBJ
aimed from the G. II. train dispatcher,
tut the written report could not be
btained.
''After Hanway's death 1 made q
ull written report to DIR. Graves. en-
'ody Ing the particulars of Hanway's
eath and referring to the kilograms
le had sent him."
The kilograms we're read to the jury,
ut 1t was understood that they
lad no connection with the RAILWAYS
uit, only referring to the surgeons
One of the telegrams, sent at 6 q. M.
une IL, 1897, fsaid that w. Hanway,
married, had his right leg
rushed at O'Clock q. m. and had been
arrfed to Hotel Dieu without know
edge or consent of DR.. Turner He -
1slsts 'on an immediate operation, 30
a1d DR.. Turner's message, ''and 1 am
repairing to perform it.''
Another message at 1880 q. M, on
ne same day, said: "Hauway's pulse
and strong, arteries ruptured high
p, causingsslfRht hemorrhage. We
link better operate at once, An
vern
Attorney P. II. Clarke read the teIe-
rams and afterwards referred again
Dr. Turner's deposition, reading to
he jury as follows:
"When 1 left the patient between
ID q. m. gave instructions that
'erythtng should be in readiness for
)erat1on at q. m. DR.: Schust. Dr..
right and myself agreed that all
llngs were then favorable fer an
,eration."
Certain portions of the deposition
ID been excluded by the railway
'mpany's and chief surgeons attor-
,ys,.but DR.. Turner's counsel resery-
the right of reading the omissions
the proper time.
Court ad diourned until q n,clon,.