Norwich bulletin., 1921-05-10

A verdict for the defendant in the case of Myron Plynpton vs. Dr. J. De We're Barber was returned by the jury at $40 o'clock Monday afternoon, after over two hours of delberation. The day s session started at Ills o'clock. The first witness was Dr. John W. keete, noted surgeon of the Keefe- hospital in Providence Following him Dr. M. H. Scanlon of Westarly a;Alin took the stand in rebuttal for the defense. The ] last witness to be called at the trial was Mrs. Susie Leshher, the nurse who at tended Mrs. Plympton at the time of her 1 illness.
 The declaration in the case charged | the defendant, Dr. Barber, with neglect 1 between the hours of 10 o'clock a. m.
 and o'clock D. III. on May 10, 1919, in rendering medical service to Mrs. Ida
 Plympton wife of the plaintiff. It al- legged that Mrs. Plympton gave birth to
 child April 27, 1919, and that the de- 1 fendant continued to render medical aid
 up to 10 o'clock in the morning of May i 10, and that at II o'clock of the same
 day the defendant was personally noti-
 fed of the serious condition of the pa
 tient and that he neglected to render
 any treatment until 8 o'clock on May 1O during which time Mrs. Plympton
 suffered great pain and agony and that
 she died May il.
 After Mrs. Leshner left the stand, the jury was sent from the court room, 1 and Attorney Herbert Rathbun asked 1 the court to direct 8 verdict for the de- fendant, arguing that there was no tes- timony to warrant the jury to say that 1 if Mrs. Plympton had received medical treatment between the hours specified in l the declaration she would have lived He argued that the contract of employ
 n1ent between the doctor and Mrs Plympton was broken at 10 o'clock on the morning of May 10, when the nurse was discharged, and Mrs. Plympton was informed that her physical condition was normal and that there would be no fur
 ther need for 8 physician.
 | Attorney Anthony Pettine argued that Dr. Barber was employed by Mrs Piympton at the time of her death, an6 asked that the motion be denied. The court denied the motion, and court was adjourned for half hour.
 The afternoon session opened at 124E
 o'clock when Attorney Rathbun was the first to make his arguments before the jury. He impressed on them that tht
 one question for them to consider wa:
 this: Was the omission of service or
 May 10, 1919, by Dr. Barber the direc
 cause of the death of Mrs. Plympton? 2
 Attorney Rathbun attacked the testi- mony given by Dr James H. Habehlin
 the expert witness for the plaintiff H closed by referring to the honorable
 career of Dz Barber as physician fo
 the past 27 years.
 Attorney Pettine began his argumen
 at about ? o'clock, saying that it va 2 question of taking a human life an
 he criticized the doctors of Westerl! P for the easy way they take life. He sai : that they were banded together to pre-
 vent justice from being done in thi case. and that it was the duty of tn , jury to find for the plaintiff in this cas' so that the other doctors would real e ize the importance Of prompt and eff
 cient service.
 He admonished the jury to bring in
 verdict for the plaintiff. so that tn t community might be protected in tn = future from such cases of neglect. | Following this argument, the cour l. took 3 five minute recess, and upon re = suming, the charge was given. JUde | Brown read the declaration and explain = ed the points of law, and the case weT
 to the jury at S.25.
 f Twice before the verdict was returne y in favor of the defendant the jury rt r lported a. disagreement. but the jude r refused to accept it. and each time the - were told to stay in the jury room unt e a verdict was reached.
 The Sunday school of the First Bal 6 tist church held an election of of1cel 7. Sunday, and the following were chose . for the ensuing year: F. Howard Ma IS tin, superintendent; Leo c. Nye, assis g ant superintendent; Mrs. A. T. Kennel i- treasurer; Miss Diana Stanton. secr'