The daily journal. (Salem, Or.) 1899-1903, 1901-07-17
$3.50 SUIT
in COURT
important Test Case Over a
Small Amount.
Witnesses Brought a Great
Distance by Both Sides.

A case is being heard in Justice
Judah's court this afternoon before the
following jurymen: T. q. Albert, J. y.
T. Tuthill, /. Conklin, II. Pohle X. b.
Duncan and j. w. Cox. The suit is
entitled +. A. Pierce versus G. A. Whale
and Mrs. G. A. Whale action to recover
money in the sum Of 81 80. II. A. John
son jr. and II. J. Bigger are attorneys
for the defendant and s. r. and w. E.
Richardson for the plaintiff.
Dr. Pierce testified as follows:
Received telephone on April 26, 1898,
from Mr.. Crosby saying Mrs. Whales
child was ill and they we're unable to
secure their family phycician and he
was called. The child was in spasms
and he treated il. Soon after DR.. Phil
brooke came in, He got some medicine
for it in a glass and went home. Next
morning when he called DR.. Jeffries was
in attendance he was told. No obiec-
tioDs offered his services.
A, 4. Crosby, was brought here from
The Dalles 10 appear as a witness in this
case and testified that between 8 and 10
o'clock phone call came to Fry's drug
store for DIR. Annice Jeffries from
Mrs. Whale, said be would try to
find her. Mrs. Whale excited and
wanted physician, said he would send
DIR. Pierce, told Pierce something wrong
at Whales to 90 down.
q. II. Whale was next called, was not
at home at time in question. First knew
of DR.. Pierce visit months ago when
a boy presented bill and he said he
knew nothing Of the:bill II was again
presented July by w. T.. Richardson
when he said If Mrs. Whale owed bill he
would pay il, when asked II Capt
Sloan did not present bill about one
year ago in the store, said he knew
nothing Of il.
Mrs. Whale was called. She remem-
bered illness Of child on Tuesday even
ing about O'Clock. She. was appar
emily in tpasms. Called next door
neiRhbor in and sent her for DIR. Hall
She telephoned for him and then
went 10 his house for hi m
and he promised TO come. Child grew
worse and Wednesday morning DR.. JEFF
fries was sent for, and came and treated
child. In the evening the child grew
still worse, and Mrs. ShAntz. who stayed
hara ,Yant To- nr T.ffrios a,.I .a,., ToT
lerson Myers, and left word for DIR JEFF
iries 10 come. Again send word 20 |
Fry's drug store for DR.. Jeffries Soon
after Dr.Philmore come in saying he had |
heard child was i'll. Next DR.. Pierce |
came saying he was sent from the drug
store. Philmore gave two glasses Of |
Pierce said he would go as
his services we're not needed and would
call next cay
Pearoe did not prescribe for child.
He called next morning and was
that the family physician was
here. There was no telephone in the
house and no call for him was sent.
DR.. Philbrook was at Whales about
m hour, DR.. Pearce five minutes. She
stated DIR. Hall Ia regular family physi-
,ian and DR.. Jeiiries is when DR.. Hall is
not available.
Mrs. Shantz next witness, was at
Whales residence and was sent for DR.
Jeiiries at her residence.
Dr. q. Hall was called, said he had
been professionally connected with
Whale family for 20 years Dan Fry
was called and excused.
Capt. Sloan--Dr. Pierce gave. him a
bill against Whale about a year ago. lie
called at the store and presented bill to
Mr.. Whale, ,..who said no knew nothing
of 1t but would ask his wife. Called
twice after but Whale was gone. Bill
for $3.50 for professional visit.
w. h. Richardson-Cal on Mr..
Whale, presented bill and was asked
what it was. lie said bill from MIR.
Pierce. Whale said he knew nothing OF
bill, Said II his wife owed bill she could
pay il,
He next called at house Mrs. Whale
remarked the visit was over a year
ago aud said sent for DR.. Jeitries and
could not get her 80 told the woman 10
get whoever she could, and DR.. Pierce
came after four other physicians we're
there. DR.. Pierce did not prescribe.
The verdict OF the jury was not given
as this report closes.