Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1917-10-06
Big Damage Suit Growing
Out Of the Death Of MIR.
E. M. FIack.
MANY WITNESSES TESTIFY
Trial is Attracting Much Pub
lie Interest AS 1t
Proceeds.

The suit of Mrs. Lucy B. Flack and
heirs of E. M. Flack VS.. j. o. Cook
and j. A. Goodman, Jr., for $40, 900
damages, growing growing out of the
death of Mr.. Flack last spring, was
put on trial Tuesday and will take the
rest of the week.
On motion of the attorneys for the
defense, the case as TO Goodman was
dismissed, and Mrs. Flack's name
was stricken from the action as an in
dividual plaintiff.
The jury was empaneled as follows:
Guy Pool, L. H. Smithson, C. D. Adj
ans, Wallace Harris, Hugh Cren-
shaw, w. A. Adcock, Frank Robin
son, Gil W. Buchanan, Everett Holt,
R. A. Cato, j. w. Lander and NJ. G..
Wadlington.
Mrs. Flack was the first witness
and told Of the medicine sent from
Cooks drug Store ana received about
10 O'Clock. Mr.. Flack took a dose
and soon after she discovered he was
strangely affected and that he grew
worse and finally died, though DR..
Woodland and DR.. Stone attended
him and did what they could for him.
She said her husband had never
spent day in bed since their mar
rage many years ago. that he was in
his eightieth year and was actively
engaged in his business as tobacco
broker, and that he was at his Office
the Saturday before he died on Mon
day, and that he had intended going
that morning. She testified she had
kept boarders for seven or eight years
and also owned and rented out two
houses on Virginia street, and con-
tributed to the family expenses from
her income, but said she did so from
choice.
Mrs. R. L. Woodland, daughter of
Mr.. Flack, corroborated her mother
and further stated that she had helped
her father with his business affairs TO
a considerable extent and that his in
come had been in the neighborhood
of 81, 600 or SIS, 600 per year, with an
average for. about the last three years
of about $4,000 or $4,000 per year.
These witnesses were kept on the
stand during the Wednesdays ses-
sions. Trimble G Bell represent the
plaintiffs and Breathitt G Allensworth
and d, P. Smith the defense.
Yesterday morning DIR. r. L. Wood
ard testified that he gave the pre-
scription for Mr. Flack, which con-
tanned codeine, comparatively harm
less drug. He told of the effects of
atropine as a drug that dia ted the pu-
pills of the eyes and caused suffoca-
ton. On cross examination he said
that other drugs would do the same,
admitting that iimson weed juice had
such properties.
Attorney Douglass Bell then took
the stand to read the deposition of j.
A. Goodman, Jr., and was permitted
to read it over the objection of the de-
tense. Mr.. Goodman told of his en-
ployment as prescriptionist in the
Cook store and said he filled a pre-
scription given to him by DIR. Wood
ard, codeine being one of the drugs.
After filling it he took swallow from
the bottle, probably a teaspoonful,
and il was sent out by Miss Anna
Steele. the young lady at the desk, as
was the custom. He said il he made
a mistake he did not know it, AT the
time he would have sworn he used
kodine, but that krug in the quantity
prescribed was harmless. About 35
minutes after tasting the medicine he
became drowsy and his throat
dry. He drank water twice and
(Nn..f,.....I -. ~ Ol