Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-04-26

that he had been the plaintiff's family
physician for 1S years up to and in
Guiding the time at which the initia-
ton incident took place. He said that
the plaintiff did not send for him dur
ing the alleged illness following the
initiation; but that sometime AFTER
ward requested q certificate to be used
in a suit, and that the certificate was
refused. He went on to testify that the
plaintiff had a spell Of typhoid fever IN
1884, and as the result Of the fever sus-
tanned a physical impairment of a ma
ture now laid at the door of the WOOD
men. He was positive Of this impair
ment because Of a personal examlna-
ton. and he knew also that the plaint-
ifr himself had been aware of it all the
while. Drs. R. A. Bratton, w. M. Love
and w. G. White testified that the In
iuries described could have been pro-
duced under the conditions testified to
by DR.. Ward.
On being recalled, Mr.. Mitchell con-
tradicted the testimony Of DR.. Ward
and Mr.. Elias lnman, father-in-law
of the plaintiff, and Mr.. Thomas Will
kerson. who attended the plaintiff dur
ing his illness with typhoid fever, tes-
titled that they had never heard of the
matter testified to by DR.. Ward pre-
yious to the initiation incident.
In reply to the direct and expert tes-
timony of DR.. Ward and the other
physicians, the plaintiffs counsel put
ND DR.. Barnard G. Baker, Of the
Medical College of the State Of South
Carolina. Charleston. He testified to
having made microscopic and bacte-
biological examination Of the organ re-
moved by DR.. Mcdowell, and found
conditions that could have been pro-
duced at the time alleged, March 22,
1901. He stated positively that the
conditions he found could not have
existed as the result Of any illness as
far back as 1884, and entered into an
elaborate discussion to sustain his con-
tention. His testimony as to facts
was corroborative Of tnat Of DR.. Nc
Dowell, and as to theory in direct op-
position to that Of the other experts.
With the testimony Of DR.. Baker, the
plaintiff closed, and the defense having
nothing in reply, the court ordered
counsel to go to, the jury with argu-
ment. Major Hart opened with an
analysis of the law and facts In the
case from his standpoint. He was fol-
lowed by Messrs. Finley and Brice,
both with strong arguments, and Mr..
G.. w. S. Hart closed in reply that
made the situation look quite serious
for the defendant.
The jury took the case at few
minutes before o'clock, and remained
out until p. m, when Judge Watts
sent for it to know whether it was
troubled about the law or the facts.
The foreman said that there was dis
agreement as to the testimony and his
honor ordered mistrial. 1t is under
stood that when the jury first went in
to the room it stood six to six. After
several hours, one Of the six for the
plaintiff went over to the defendant,
making the complexion seven to five.
From the best information obtainable,
there is no probability that there
would have ever been an agreement.
The jury was composed as follows:
II. E. Brandon, foreman; ]. E Burns
w. G. Hayes, j. j. Clinton, T. w.
Moore, w. D. Leslie, c. r. Means, ].
R. Gardner, c. T. Douglass, w. S.
Hogue, l.. F. Sossaman, w. B. Work
man.