Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-03-14
SUPREME COURT
Testimony Completed Monday in
Od-Earle Case-GOes
to Jury Today

The testimony was completed at Mon
days session Of the supreme court in
the case of Arthur H. Elwood Of Augusta
VS.. F. E. Earle of Canaan, which was
commenced at Saturdays session of the
court. The large majority Of the evil
dence put in Monday was medical testi-
mony. At the opening Of court this morn
ing the case will be argued by the at
torneys, after which Associate Justice
Madigan will charge the jurors and the
case will be given over to them.
The next case to be tried Is that Of
Frank L. Forester of Pittston VS.. Her.
bert B. Sawyer of Augusta. in which the
plaintiff claims damages in the amount of
s400 for alleged breach of covenant.
George w. Heselton of Gardiner is at
torney for the plaintiff. while John l..
Nelson of the law firm Of Andrews & Mel
son of this city will appear as attorney
for the defendant.
Defense Resumed.
At the opening of the morning session
the defense was resumed in the case of
Arthur H. Elwood Of Augusta vs. F. E.
Earle of Canaan, the first witness being
the defendant, DR.. Fred E. Earle Of Ca
man. He testified that he graduated
from the Maine Medical school in 1900,
after which he practiced in South China.
He then did post graduate work at tne
New York Post Graduate school for six
weeks. He then located in Skowhegan,
after which he went to Canaan, where he
has been located since. When he was
called to treat Mr.. Elwood he was in
the arrival of Dr.. Stinchfield, he gave
and to alleviate the patients pain until
the arrival Of DR.. Stinchfield. He gave
Mr.. Elwood an injection of morphine in
the arm. The fracture was in the lower
third of the leg and DR.. Earle could easl-
ly discern it through the stocking. Mr..
Elwood asked to be taken to Mr.. Smith
home about a mile and half distant.
Mr.. Smith was not there at the time. He
had observed the condition of the limb by
it's contour. DR.. Stinchfeld advised TAX
ing the patient to the hospital where he
could be examined by an X-ray. But
Mr.. Elwood preferred to stay at Mr..
Smiths home where Mr.. Smiths daugh-
ter-now Mr.. Elwood's wife-could take
care of him. The bed was prepared with
mattress. The doctor saw a small open
ing in the flesh and small piece of bone
protrudng and he decided that it was a
compound fracture of both bones of the
leg. He sterilized the wound with tine
ture of iodine. Ether was then admins
tered and the doctors reduced the frac-
ture and placed the bones in opposition.
DR.. Earle applied external and internal
splints. And he showed to the jury the
splints which he said were the same ap-
piled to the leg at that time. The splints
were padded on the inside. DR.. Earle
found a fractured tibia. Before the splint
was applied the leg was put in perfect
alignment. Drs. Earle and Stinchfield
then measured the legs and both legs
were found to be the same length. From
his day book he gave the jury the dates
when he had charges for visits to Mr.. Ell
wood, although he stated that all of his
visits were not recorded in the book. On
Sept. II DR.. Stinchleld and he removed
the splints and applied a plaster cast.
The wound in the leg was then entirely
healed. DR.. Earle had previously bent
the external splint In order to see the
wound. The bones were in correct posi-
ton and when the leg was measured by
both physicians it was found to be the
same length as the other. A plaster cast
was then applied by Drs. Earle and
Stinchfield. DR.. Earle told Mr.. Elwood
to keep quiet. On Sept. % he found the
plaintiff under tree in the yard. BY
request Of Mr. Elwood he brought pair
Of crutches. which the stage driver had