Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-09-20
AMPUTATED LIMB
BARRED At TRIAL
Court-Martial Sustains OBJ
lection of Defense in NAL
practice Case.

An amputated leg was denied ad-
instability as evidence today in the
| general court-martial at the NUM-
tions building, before which Mai.
| George w. Cook. Medical Corps, U.
s. A, commandant of the station hos
pital at Fort Eustis, Va, is being
tried for malpractice.
Capt. Humphrey Biddle, trial Judge
advocate for the prosecution, at
tempted to present the amputated
leg from the Army Medical Museum
in this city for Identification by
Private Guy Pendleton. legless SOL
der, who, the government charges,
was the victim of malpractice on the
part of Maj. Cook.
Ruling is Sustained.
On objection by counsel for the de-
Tense that the member was mad
MISSILE, the law member of the
that the objection should be sustain
ed. On account, however. of objec-
ton to the law members ruling by
| a member of the court, it adjourned
| into executive session, following
which, it was announced by the presi-
| dent of the court, Col. Henry C. Bon
| nycastle, that the court would sustain
the objection of the defense.
This afternoon the prosecution
planned to proceed with the calling
of witnesses, who would include the
soldiers mother, Mrs. Charles w.
Pendleton of South Charleston, w.
Va, who is now making her home
at 902 Butternut street, this city.
Nurse Is Witness.
, Other witnesses which the prose-
cution expected to call shortly there
after were Miss Julia McKenna of
Fort Sam Houston, Tex, a second
lieutenant in the Army Nurse Corps,
the treatment of Private Pendleton
there, and Capt. James r. Bibighaus,
Medical Corps, formerly on duty at
Fort Eustis, who had been called
from Panama to appear at the trial.
! the Munitions building, there assem-
bled today a number of interested
persons, including Capt. Samuel c..
Gwynn, who is charged by the gov
eminent similarly with malpractice
upon Private Pendleton and whose
, trial will take place at the conclusion
of the present trial of Maj. Cook.
The soldiers mother was present
in the Munitions building today dur
ing the trial, but spared herself by
remaining in another room.
Attorneys I'm Clash.
Following cross-examination of
Private Pendleton, the prosecution
and defense engaged in a legal battle
over the presentation of the witness
"stumps," and what the prosecution
claimed to be the amputated leg of
Private Pendleton.
On a ruling of the law member of
the court, the prosecution was pre-
vented from exhibiting the soldier
healed stumps, as evidence.
Capt. Bert III. Knowles, defense
counsel, declared the exhibit mad
missible, except through a chain of
evidence, and witnesses which he
charged the prosecution failed to
present. such as the surgeon who
amputated the member and others
having custody of 1t.
Private Pendleton testified he had
tattooed design of a snake, held by
hand, upon. his leg prior to the
accident; that the amputation had cut
the design in two
Capt. Biddle, for the prosecution.
commended he should be allowed to
have the witness identify the
amputated member, not AS evidence
then, but in order later to bring ont
through expert testimony, evidence in
defense of the charge of MALPRACTICE
against Maj. Scott.
The court went into executive ses-
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