The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-04
EVIDENCE IS ALL IN
Argument Commenced in the
Malpractice Suit,
A Three Cotnered Fight in Which Six Speeche:
Are TO be Made. The Young Plaintiff
in the Case.


The malpractice damage suit against
DR.. Jones and DIR. Jordan, that began
in Wake Superior court on Wednesday
afternoon, is still in progress and will
certainly not go to the jury before noon
today.
1t is a three cornered fight, with two
lawyers on each side and all of them
to speak. the order of the speeches be
ing as follows: First round-Simms, for
Collins; Fields. for Jordan: Best, for
Jones. Second round-Busbee, for Jor-
dan; Argo for Jones: Douglass for Col
Inns.
The evidence was concluded yesterday
morning and after the neon recess of
court. argument by counsel was COM
menced. MI Simms spoke for about
two hours and was followed by Mr..
Fields whoIt concluded his remarks at
6 o'clock Argument by other counsel
will be made when court meets this
morning
The evidence yesterday morning con,
sisted principally Of the testimony of
character witnesses put on by the
plaintiff, and of the examination of >.
l.. Collins, father Of the child who
was treated by the defendant doctors.
Mr.. Collins said he first telephone6
for DIR. Jones, then, before he arrived,
sent for DR.. Jordan, too. DR.. Jones
came first. After the chlds arm was
bandaged Dr. Jones said that he would
be absent frGm the city awhile and
would leave the case with DR.. Jordan,
but that he CDR Jones) would be back
in time to take the arm down. Mr..
Collins did not know who the doctor in
charge was, he thought both of the
physicians had the case.
The little Collins boy is perhaps the
youngest plaintiff that has ever
brought damage suit in Wake county
He is just six years old, with as bright
an eye and happy a face as you can
find in a DAYS. hunt.
But ever by his side hangs that
dwarfed arm and twisted hand. 81
Dressed in trousers of black material
and snow-white sailor jacket, with 4
gaily colored' scarf at his throat, he
makes an attractive picture as he sits
bravely up by his parents in the hot
court room. His face is always bright
and clear and his hair carefully brush
ed. He occupies one Of the big arm
chairs all by himself and is ever a
model of good behavior. Often he locks
grave questions out of his wide-open-
eyes of blue, but he never complains
or seems TO grow weary.
During the trial he has had often ia
submit his pitifpl little limb to the in-r
spection Of the, jury and the witnesses,
but he has always done so with the
utmost chcerfulness and becoming
dignity n 6sl
Though his condition has brought
from every one5 who has been in tina
court room expressions of deep pity
his demeanor has been such as to win.
also the respect and love Of all who.
have watched him during the tedious
trial. Altogether the conduct Of this
young child in the court room has beer
such as many OF his elders might imi--
tate with prolific
The accident I on which the suit is
based occurred Cn the 10th of last July
about midday. The child was playing
in the yard and climber up on a high
child s. table chair, and tried to stand
up in it TO unite a rope from a limb
AS he did so the chair toppled over
and the child was thrown with great
violence upon the ground AS he fell
his right arm was injured, being dis
located at the elbow joint and other
wise hurt.
1t was then that Dr. Jones and DR.
Jordan We're called in, and as a result
of their resetting of the injured joint
and subsequent treatment it is claimed
the arm was ruined and for the INJURY
done damages in the sum of $4,000 is
asked.