The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-05-17

might have been diagnosed as
tonsilitis. Then he went on to tell
you that there are many things in
the bedside that cannot be included
in the senator's hypothetical question
or in my own interrogations. So we
cannot claim better confederation
from the testimony of DR.. Lancaster,
DR.. Gilmore or DR.. Shannon, than
we can from DR.. Osborn"
The next witness, so Mr.. Nc
Donald commended, was Dr.. Patton.
He declared to the jury that DR..
Patton had said to give 5000 unit
doses, but the question that had
been put to him was in cases of
laryngeal diphtheria and on cross
examination he admitted he would
not give antitoxin until there was
symptom of hysteria. In fact, he
had corroborated DR.. Koch's treat.
ment.
The counsel for the defense then
took up the testimony of Mr.. Brown,
declaring that neither Brown or
Patton ever had very much expert
ence in cases of diphtheria. He
admitted that dosage is a question
upon which physicians differ from
1000 to 10000 units. No witness has
told you that to administer 5000
units of antitoxin is bad practice
and you have no right to raise a
presumption from the death of
Oscar. Now, if DR.. Marcum con-
suited with DR.. Gilmore and de-
layed giving antitoxin to himself
until the fourth day you cannot
judge that DR.. Koch was wrong in
waiting until the fourth day to adj
minister antitoxin to Oscar.
Mr.. McDonald-'sIf DR.. Koch
had given 10000 units Saturday
afternoon and Oscar had died you
would today have had the same
case before you, with this excep-
ton, that they would have stated
DR.. Koch gave 10, 900 units when
there were no symptoms of
laryngeal diphtheria at that time.
You have had doctors on the stand
who testified that the administra-
ton of antitoxin sometimes results
in death. You remember that DR..
Brown and DR.. Patton both
admitted that with the symptoms
up to Saturday afternoon, the case
might be diagnosed as. tonsilitis. -
| In taking up Miss Della John
sons testimony, Mr.. Mcdonald
declared that owing to her hysteri-
cal condition her testimony was
not entitled to much credit.
Said Mr.. Mcdonald: You re-
member her vivid testimony. There
never was time when DR.. Koch
was there that not less than two of
the family were present. 1t may
be true, it may not be true. I think
the same thing that suggested the
desirability of a subpoena for Mr..
Sullivan might have suggested a
desirability of two witnesses to one.
do not want to critisize Delia's
testimony, but she appears to be
bound up in this case and might
be seeking revenge from DR.. Koch
and pursuing him to the bitter end
1t seems to me that person who
seeks consolation from the Father,
who had become acquainted with
DR.. Koch at Fergus Falls and the
acquaintance afterward ripening
into friendship at Blackjack, might
have thought the doctor was care
less in his treatment OF the case,
but never would she have made a
suggestion that there had been
murder and declare that she would
pursue him to the bitter end, with
out some reason outside of that of
an ordinary person. People such as
these, are not entitled to as much
credit as those who pursue the course
of true and righteous people, even
though by law they are.
Della testified that when she
came into the sick room, Friday
evening, she noticed the diphtheYic
odor. No one else noticed it. She
tells you no antitoxin was admins
tered Saturday afternoon" Mr..
Mcdonald showed the jury the two
injection barrels and said that Della
might easily have mistaken the one
for giving strychnine for the anti