The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-03-31
Wingfield False Teeth Damage
Case Ends.
Judge King Decides There Was
No Damaging Evidence.
EXPERTS ON STAND
Tell About the Use of the
X-Ray Machine.
Trying to Prove Teeth Might
Have Been Thus Located.


Wingfeld false teeth damage case
came to an end this morning when
Judge King threw the case out of
court on a demurrer.
Judge Kings rulings were: First,
that the evidence shows that DR..
King had discharged his complete
/ duty at Junction City. Second. that
| after Jesse Wingfield was taken to the
! hospital at Topeka that DR.. Nc
Clintock. Bowen and King had dis
| charged their duties. The court held
that there was no evidence to go to
the jury upon the showing of the
plaintiff witnesses and that they had
utterly failed to prove a failure to
exercise proper case and diligence
IN the treatment and said that the
case was an unusual one and an ex
ceptlonal one, and it demanded the
best judgment of eminent surgeons
and that they had fully met the re-
| quirements.
The attorneys for the plaintiff filed
notice of appeal to the supreme
court.
At the opening of the court this
morning nearly all seats were
taken and women fought for places
in the front hear the cross ex-
animation and the talks of the at
torneys. Farmers are staying in town
| all week so as to be able to hear all
| of the case and the indications are
that the case may not go to the jury
| before Friday or Saturday The case
is being fought hard by the attorneys
on each side and all the physicians in
/ this city and Fort Riley have been
subpoenaed as witnesses for the
| plaintiffs or defense.
X-Ray Expert Testifies.
! DIR. Freeman concluded his direct
testimony at noon yesterday and he
was excused without cross examina-
ton by the attorneys for the defense.
At the afternoon session. of the court
Sergeant Haggleman, in charge of the
| electrical appliances at the post hos
pital at Fort Riley, was called to the
i stand to qualify as an expert witness
| in the use of the X-ray machine. Ser
! geant Haggleman stated that for the
past ten years he had been in the en-
! ploy of the government as an expert in
| the use of electrical appliances and
| especially in the use of the X-ray ma
| chine. He first received his instruc-
| tions in the hospital at Washington,
D. C.. and had been stationed at vari-
Gus army posts in this country and the
Philippine islands. and during this
| time at the various posts had been in
charge of the X-ray machines. He
stated that he had read standard
| works on the uses of the X-ray ma
thought he was competent to qualify
| as an expert. He stated that he was
| thoroughly familiar with the working
of both types of X-ray machines, the
Il Coil and the Stata. He was closely
questioned in regard to the difference
of the results of either machine and
stated that they were practically the
same. He was asked as to what extent
the X-ray machine at the post was
used and if the physicians in the
neighboring towns had the privilege to
take patients to the hospital and have
an examination made. This was OBJ
jected to by the attorneys for the de-
fenSe and was sustained by the court.
upper false teeth if swallowed could
be located in the aesophagus by the
use of the machine? He stated that it
could be done.
/ He was asked if set of false teeth
swallowed and lodged in the stomach
could be located by the use of the ma
chine? He stated that they could
He was asked if a set of false teeth
/ placed at the back of the neck, in an
experiment, could be shown by the
aid Of the ex-ray. This question was
objected to and sustained by the
court. Sergeant Haggleman was then
asked if he could identify a mum
ber of ex-ray photographs that the
attorneys for the plaintiffs had This
| brought forth a storm of objections
by the attorneys for the defense and
after a heated argument in regard to
submitting the skyographs as evidence
dismiss the jury and let the witness
be examined.
A number of exhibits had been pre-
pared by experiments by Sergeant
Haggleman and the attorneys for the
plaintiffs, and as each exhibit was
shown to the court an objection was
entered by the attorneys for the de-
PENDANTS. and each sustained by the
court Sergeant Haggleman was ex-
cused after he had given his direct
| nn S-py in q n
by the attorneys for the defendents
Soldier Doctor as Surgical Expert.
At 8 D. M, DIR. H. o. Brown OF
Fort Riley, was called to the stand to
testify as an expert in surgery and or
the uses of the eX-ray- He stated thai
he graduated from a medical school ir
1885 and after short time entered
the services of the regular army and
was an assistant surgeon at For
Riley. He stated that he had beer
stationed, since he entered the army
as a surgeon at different army posts
and had performed many operations
and had used extensively the aid oi
the ex-ray. He stated that DIR. Yates
delivered to him in October half OF
two kidneys supposed to have come
from the body of Jesse Wingfield. He
with the aid of DR.. Freeman, hao
made an examination and he found
that the kidneys were diseased BY
acute nephritis. He stated there were
| several forms OF kinney disease
: acute and chronic, and that ethel
| could cause a death
A number of hypothetical question:
were asked the witnesses and to eacf
the defendants entered an objection.
At the close of the direct testimony
of Dr. Brown he was given shor
cross-examination as to his qualifica
| tions as surgeon.
Fanny Wingf1eld Testifies.
Il At Ais the attorneys for th'
plaintiffs called to the stand Mis-
{ Fanny wingfield, the daughter of thu