Evening star., 1923-09-24
ATTACKS DEFENSE
IN COURT-MARnAL
Captain Says Nal. Cook, on
Trial, Did Not Handle
Case Properly.

Private Guy Pendleton did not have
his two broken legs properly set at
the station hospital at Fort Eustis,
Va, 1t was testified today by Capt.
James r. Bibighaua Medical Corps.
before q general court-martial at the
Munitions building, before which the
government 10 trying Maj. George w.
Cook. Medical Corps. for malpractice
In connection with the amputation
OF the soldiers legs.
X-ray photographs at the hospi-
tai, Capt. Bibighaus said, showed
that the broken bones were mot in
direct apposition"; that the fracture
had not been properly reduced" and
that certain fragments OF the bone
ends were irregularly placed.
Under questioning by Capt. Hum
phrey Biddle, for the prosecution,
Capt. Bibighaus testified there was
nothing to prevent Maj. Cook, the
accused. from determining by X-ray
photographs or by examination by
his hands this condition shortly aft
er the legs were set.
Charges Interference.
a case such as Private Pendletons
could normally be expected under
ordinary conditions. Capt. Bibighaus
said. to successfully have the frac-
ture reduced within seventy-two
hours. but hs charged there had been
interference" in the treatmnt OF
Private Pendleton's case by some un-
known persons termed by the witness
vi Of priv a.
ton"
In the middle of the night, on one
instance Capt. Bibighaus testified, he
found, on inspection, that the weights
at the foot of the bed which were
used to pull Private Pendleton's legs
under such traction as to facilitate
the healing of the fractures had been
lifted from rope by which they were
fastened to Private Pendleton's legs
and placed upon a chair, removing
the traction.
The captain recalled that three diff
ferent times this occurred. interrupt
ing the course OF the treatment. Once,
he said, the chair had been placed
under the weight, once the buckets
holding the weights had been unfas-
tened and stood upon the floor and
another time the weights had been
taken out of the buckets. This evil
IDENTIFY had been done, the captain
testified, In order to allow Pendleton
treatment, how. seriously the captain
would not estimate.
When questioned by Capt. Biddle.
for the prosecution, what he would
have done as a doctor had one OF
his own patients complained as did
Pendleton that the plaster of Paris
casts were cutting" him and caus-
ing him severe pains. the doctor testi-
fed he would have removed the
casts.
Argument Is Spirited.
Spirited argument between the
prosecution and defense arose over
the question by the prosecution as to
what. in the doctors opinion. was the
cause of the sores which appeared
on the patients legs after the casts
were removed. These sores, the
prosecution charges. later caused the
amputation of the patients legs:
The physician outlined several pos.
sible causes which might have caused
| the sores, enumerating obstruction 70
! the arteries, lacerations in SOFT us
added, 1t sis also possible TO con:
ceive the splint as causing trouble.
| A combination of all the causes
enumerated might have been respon.
sibls, Capt. Bibighaus testihed. pul
when pressed by the prosecution foI
! a direct answer as to the cause OF
the sores the physician said: Il can
not say what did IT.
There was considerable controversy
between the prosecution ana deIense
over whether or not there was nerve
injury or artery injury in the legs
prior to the application of the plaster
of paris cast. The defense contend
ed that medical science could never
know what injury might nave peer
there in addition to the fracture OF
both ,femurs. The prosecution at
tempted more than once to get the
witness to express his opinion as 70
what might have caused the sores II
there had been no nerve or artery
injury, but the question was Sun un,
answered when the court adjourned
for lunch. The captain testihed that
$50 far as I know, the only injury
iPendlston had was bilateral fractured
femurs."
7 Describes Condition.
Cant. Bibighaus described minute
\ 1v the sores on the patients legs
which the prosecution charges were
caused by negligence on the part OF
Mai Cook in the treatment of the
patient at the hospital, where Maj
Cook was commanding ofhcer. The
witness explained how he hrst con-
stdered the sores as merely SKIN
LESSONS. but told how later tney de-
yeloped into such unhealthy" condi-
tionI and how additional sores formed
around the heel. There had been, he
said a partial healing of the condi-
tlon on the calves of the patient s
| legs before he left Fort EuStis Hospi-
tai. but that 1t was covered over
with a poor grade Of shiny unhealthy
| skin
! Asked Transfer.
Request was made for transfer OF
Private Pendleton on December H.
Cant. Bibighaus testified. Maj. Cook,
| fhe accused the witness said, was alb
sent from the hospital from on or about
December IL to December 16: Capt
Bibishaus testified that at the time
recomm endation was made for the
patients transfer. an application, in
! his opinion, was necessary. The boy
was later transferred to Walter Reed
Hospital, 1t had been previously tes-
tilted, where both legs were ampu-
| tated.
The boy and his mother again Were
! in the court this morning. The little
room was filled with spectators
| Prospects today were that the trial
might drag along for more than q
week longer. The prosecution has
several more witnesses. The next
witness was expected to be Miss