Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-13


Or odiorne. Witness mad remained III
Tue hitchen where he could see half OF
me ped and hear the conversation be-
tween Or. Odiorne and Mrs. Merrill. The
fact that the leg was shorter had been
referred to and the doctor had said that
the weights had been raised from the
leg. The doctor had advised that Mr..
Merrill go to the hospital but Mr. Merrill
Ilatly refused on any condition DR..
odlorne had suggested that he and an
other doctor reset the leg and that Mr..
Merrill should have nurse to carry out
his directions. Mr.. Merrill had said he
couldn't see the need for a nurse as he
had plenty of nurses in the household,
and had also said, You don't think do
you. any nurse could come into this house
and make me suffer unnecessary pan?"
DR.. Odiorne had offered to get free bed
for Mr.. Merrill and had said, II don't see
how if you don't carry out my orders you
can hold me responsible
Upon crOss-examination witness stated
that Dr. Odiorne had told him he had
heard that Merrill might hold him re-
sponsible for the leg.
Mrs. Odiorne, wife of the defendant,
testified that sometimes DR.. Odiorne
would be away "a hours while calling up
on patients. She could usually reach him
by telephone, however.
RebuttaI
The first witness in rebuttal was Mrs
Bracket, who testified that she re-
membered the Sullivans' visit to the
Merrill house. According to her testi-
mony cold cream was used upon the
burn on Mr.. Merrills leg until the
salve prescription was procured from
Dr. Odiorne. She did not remember of
any sore on the front of Mr.. Merrills
leg when the plaster paris cast was
taken off.
Plaintiff Recalled
Mr.. Merrill, the plaintiff, testified that
he first began to wear the leather boot
the latter part of March, 1914, and he
had worn before that a sheepskin
paste. He stated that Miss Docken-
dorff did not make an examination of
his heel when she had put the pad I'M
der it. He had never told Mr.. Sullivan
that he wanted to swipe or strike DR..
Odiorne. He testified that Mrs. Sulli-
van had never cautioned him about
having the weights in a chair and that
DR.. Odorne had never said that the
bad results were due to having the
weights off. He had not seen Mr. Carey
at the house
Mrs. Merrill, wife of the plaintiff,
testified that she never told DR.. obi
orne in the presence of anyone in the
yard that she couldn't keep Mr.. Mer-
rill from taking off the weights. Dr.
Odiorne had never called her atten-
ton to the weights being in a chair
Witness had never heard Mr.. Merrill
say he would take off the weights be-
cause they hurt him and she had heard
no conversation in regard to DR.. obi
orne claiming that interference by
leaving off the weights had caused the
shortening of the leg. And she had
never said that no nurse could keep
the weights on if Mr.. Merrill wanted
them off.
Witness testified on cross-examination
that she had never told anyone the
weights had been taken off and put in
chair And she said that the doctor
reuniting was caused by the weights be-
ing off.
Mrs. Adjutant testified that in her pres
ence the doctor had never called attention
to the fact the weights wsre in a chair
She had never heard her father (the
plaintiff) say that if the weights hurt him
he would take them off. The boot had
remained on all of 10 days if not two
weeks, according to her testimony. She
had not heard Mr.. Merrill say that no
nurses could keep him quiet if he wanted
the weights taken off, or words to thai
effect. Witness had heard Mr. Merrill
say he would hold DR.. Odiorne respon-
sble.
At that point the testimony in the case
was closed.