East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-02-05

Of Kirkpatrick and Burke at the time
Of the shooting. All Of these witness
es were positive in their statements
that Klrkpatrlck had not made any
verbal threats or threatening move
ments toward Burke and that there
was no scuffle between them.
Physicians Testify.
Court adjourned at the conclusion
OF Bunch's testimony until 1890 when
the testimony Of Drs Frank and Guy
Boyden and w. d. McNary. who at
tended kirkpatrick in his last illness.
was taken. Because OF the nature OF
the wound and because Kirkpatrick
did not die until nearly a month after
being shot. they were closely question:
ed By both the state and defense.
DR.. Frank f. Boyden told Of having
been summoned 10 the Kirkpatrick
ranch on the early morning OF Nov.
% and OF treating the gunshOt wound
temporarily On the following morn
ing the injured man was brought In
10 the offices Of himself and brother,
he said, and several X-ray photos ta-
ken Of the leg until the bullet was II
nally located in the heel The patient
vas then taken 10 the hospital where
The bullet was extracted by himself
and brother. he said. Mr. Kirkpatrick
remained at the hospital about a week
when his condition was such that per-
mission was given for his removal to
his farm home Apparently he con-
tinued to improve until December Q
when there was a hemOrrhage inside
the wound. necessitating a small in
cision so that the bleeding artery
could be caught and tied. From that
time on. he said. the patients condi-
tion became worse until on Dec. II
he, his brother and DR.. McNary held
an examination and consultation and
decided upon an operation. They ap
Piled local anaesthetic and made an
incision. removing a quantity OF de-
composed blood. The removal OF the
pressure OF this clot. he said, caused
y violent hemorrhage. 10 relieve which
II was necessary 10 apply a general
anaesthetlc. He and the other physi-
clans. he said. were aware that the
condition Of the patient was very
grave but decided that the operation
was the only chance OF saving his life.
Ether was administered in as small a
quantity as possible. he said. and the
patient never fully recovered from II.
DIR. Guy Boyden's testimony was
the same as his brothers.
and DR.. McNary corroborated both in!
their statements Of the patients con-
dition and the manner Of his death.
He declared his belief that Mr. Kirk
patrick had been given the best pos
sible medical and surgical treatment.
and that the nature Of the compllca-
tions was such that II could not have
been determined without an incision.
Certainly. he said. he did not think
there had been any symptoms war
rantins an amputation OF the leg at
a time when such an amputation
might have saved the patients life.
He and both OF the other doctors tes-
titled that the patient would certainly
nave uieu III Nele Shoib NAihe hoN
the attempt to save him by an opera
tion not have been made. because OF
the hemorrhages and the gangrenous
condition of the tissue.
All OF the doctors were required to
describe the course of the bullet from
the place where IL entered just above
the knee to where it finally lodged In
the heel. Cross examination develop
ed the fact that the X-ray plates
showed that the bullet had not struck
any bone. and this Is a point which.
It IS expected. the defense will dwell
upon as tending to show that the bull
let came from a weapon held notl
but at an angle.
Cross-examinaion OF DR.. Frank E.
Boyden also developed the fact that
during the last illness OF Mr.. Kirk
he had prescribed liquor as
a stimulant to the patient because
previous use of liquor by the deceased
had produced a condition demanding
such treatment DIR. Boyden also tes-
ified that Kirkpatrick was partially
;nder the Influence of liquor when he
'irst attended hip after the shooting.
The Drs. Boyden testified that they
Jaw no powder marks on the trousers
he deceased man wore at the time he
vas shot and the widow OF the de-
eased man. who was recalled to the
tand after them. also testified as TO
his point She also declared the coat
f her husband showed no powder
marks. This testimony was calculated ,
o explode a theory of the defense
hat the shot was fired at close range,
All of the doctors testified upon !,
ross examination that the wound as
rst inflicted was not necessarily /,
mortal wound but all were equally
ositive that death was caused 10y the
'ound.