The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-05-05

commenced IN earnest yeSCelQ Gay
afternoon, when a jury was secured
and Senator Peterson of Moorhead
opened the case for the plaintiff
stating that he intended to prove
that DR.. Koch's negligence anc
not using proper skill in examining
and treating the case of Oscar John
son caused the death of young
Johnson.
The case was called at 1:3C
o'clock, and the jury was excused
at a o'clock, after a searching ex
animation by both Senator Peterson
and E. E. Mcdonald, the latter
appearing for the defendant.
While the jury was being secured
Senator Peterson moved that DR.
Koch be sworn, in order that he
might testify if he was not, at the
time of the death of Oscar Johnson
protected against actions for NAL
practice by surety bond.
Mr.. Mcdonald objected to the
request as being improper.
Judge Stanton sustained the con
tention of Senator Peterson. and DR.
Koch was called to the stand tc
testify as requested.
In reply to the direct inquiry, DR.
Koch stated that he was so pro
tected by a bond given by the
United States Casualty company. :
When both attorneys had exer
cised their three peremptories, the
jury was selected as follows:
J. H. Misner, A. L. Rako. Joseph
Williams, James Perkins, A.
Edwards, John Crawling, ]. E.
Drury, J. w. Wesley. Thomas Moore
B. H. Major, William Tisdale
Gunder Moi.
Attorney Henry Funkley of this
city assisted Senator Peterson while
the latter were examining the jurors
for the plaintiff.
In opening for the plaintiff,
Senator Peterson stated the case
was contained in the pleadings of
the plaintiff comprising the cause OIL
action, wherein it is alleged that
Oscar Johnson died in the month oil
March, 1908; the appointment Of
Mrs. Johnson as administrators, on
June 22nd, 1908.
The speaker stated that DR.. Koch
was licensed physician practicine
at Blackjack at the time of the i'll
ness of young Johnson; that DR.
Koch was called to examine arc
treat Johnson; that the doctor die
not use proper skill in the examina
ton and treatment and misbehaved
and owing to such actions, johnson
died, death being caused entirely by
stated neglect of the defendant
Johnson left no wife or children, bu
his next kin were his father, Christe1
Johnson, and his mother, sisters ane
brothers; that the defendant wa
damaged in the extent of $4,000.
To this the defendant had entered
a general denial, as to negligence
and misbehavior, and elaine.
defendant had not been injured il
any sum whatever.
In making his final statement
Senator Peterson repeated the allie
cations made in the original CON
plant and said the plaintiff woul
prove all these and satisfy the jur
that his client was entitled to tn
damages claimed.
Mr.. Mcdonald, for the defendant
moved the court that the case b
dismissed, for the reason that, be
cause of the statements made b.
counsel for the plaintiff, there wa
no cause for action.
The motion was denied; and d.
Koch was called to the stand TO
cross-examination under the statute:
Senator Peterson conducted
close examination of the witness
and elected practically the followin
facts;
That DR.. Koch is - years of age
and has lived at Blackjack for fou
years; is a graduate of u. of M
medical department., class of 'Oz
knew Oscar two years prior to hi
death, but did not remember tn
boy at Fergus Falls, where he an