Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-22

anyway, ana tnat ne dld, upon the
clothes of one of the witnesses who,
when cross questioned concerning
what had stamped certain incidents
upon his mind so vidivly, had cited
this.
The court here informed Mr.. Little
field that he would be allowed five
minutes more and he rapidly contin-
ued with asking the jury IL Mr.. Mer-
rili had interfered enough to NEEDLE
with the doctors treatment Parts of
testimony were cited in affirmation of
this contention; Of his frequent dis
obedience to instructions, his refusal
to consider hospital treatment and an
open operation, and of his refusal to
get a nurse. These things, we submit
are the cause of the result said the
counsel and continued by stating that
If this be SO there is no question as
to blame in this case"
The contention of the plaintiff that
the patient had beer unaware that DR..
Odiorne had given up the case on July
S, Mr.. Littlefield refuted by stating that
after that date they never sent for
the doctor and by inquiring Of the
Jury if DR.. Odiorne had told Mr.. Mer-
rill to "go to the Devil as had been
testified, they would have considered
him through with the case. The only
mistake DR.. Odiorne made, his counsel
stated, was that he had not left the
case earlier.
Here Mr.. Heselton was notified by
the court that his time had expired,
to which he replied: yes, I'll be
through in just second" Hastily
r;,;,, III no he IL
ed that these things had materially
contributed to the result and the de-
PENDANT could not be held responsible.
Here he rested his case, after speak
ing continuously for one hour and 10
minutes.
In opening his plea in behalf of the
plaintiff Mr.. Heselton said that he recog-
nized, perhaps in a greater degree than
ever before, the lack of his own powers
to meet and deal with a situation as it
should and could and ought to be.
With a gesture pointing out the wit
nesses of the defendant sitting around
the court room, he said: 81 see assembled
here the elite of the society of Pittston,
who sit, with smiles upon their faces.
apart from the plaintiff and his family"
Continuing, he called attention to the
summoning of every witness possible by
the defendant in contrast to the few who
came to testify in behalf of his client.
He spoke of the evident willingness on
the part of supposedly impartial wit
nesses to testify in behalf of DR.. obi
| orne and their evident reluctance to tes-
tify for Mr. Merrill. The question of the
accuracy of parts of testimony that had
been submitted was vigorously assailed.
Don't you suppose it was talked of
morning, noon and night in that commu-
nifty when this suit was BROUGHT" was
asked the jury. He inquired if it wasn't
significant that so many of the witnesses
had found the weights resting in a chair
except John Dorkendorf, who only once
| found them in a chair, in all of his many
and frequent visits to the Merrill home.
The deliberate taking of a friend to
Merrilrs house to later be used as wit
ness, and who recited his testimony like
/ a parrot" and the fact that the doctor
had talked it over weekly with his
brother-in-law who had testified in his
behalf, did not these things impair the
credibility of the evidence submitted? in
quired Mr.. Heselton.5 Don't you believe
this testimony is eolored?'' he asked, and
followed with a unique classification of
liars. Zone is he said. 1.-The prevarica-
tor-ordinary everyday liar" the second
he designated as the damned liar" and
the third and most dangerous he termed
the expert liar" The phraseology of
one of the witnesses in saying that Mer-
rill Ought TO be hung" was quoted.
And then" continued the counsel for
the plaintiff, "came their prince of ex-
perts, DIR. Harris, who in one breath says
/ it would be good surgery to put plaster
paris boot over the liberated sore" on
Merrlrs heel, land in the next breath"
that it would be bad surgery" and the
speaker continued. who says that there
could be no 'bony union " and the next
instant says there was 'bony union
Such. the counsel said. are the witnesses
brought in this case ito damn this man
and condemn his family as perjurers.'
/ Mr. Heselton said he should discuss the
facts of the case not from the stand
point of medical testimony but from the
angle of common sense.
The use of Bucks extension in tho
| present case was discussed as thor
| oughly as the question of the remov-
al of the weights from this extension.
He called the attention of the jury
| that the doctors had testified that the
removal of the weights would cause
| agonizing pain to the sufferer and ar
| gued that if their testimony be true
| the patient would certainly not be
likely to make a practice of their re-
moval. DO you think" he asked the
| jury, he would have yielded not to
1 relief but to additional pain by TAX
| ing those weights OFF,
| The topic of leading questions hav-
| ing been employed was briefly touch
| ed upon. Speaking of Mr.. and Mrs.
| Merrill, Mr.. Heselton stated, They
| appealed to me like persons too SIM
| pie minded to come here with man
ufactured story"
Concerning the question Of negli-
gence being exhibited by DR.. Odiorne
| in his treatment of Mr.. Merrilps leg,
the counsel stated, Il say that there's
evidence on that heel that he did,
Concerning this treatment Mr.. Hese)-
ton said well, they (the doctors)
admitted that they could have useo
| 1T