Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-12
Find for Defendants
In Mitchell Case at
SkoWhegan Court

In Mitchell Case at
Skowhegan Court
At the opening o. court Friday
morning. attorney Edward +. Mer-
I'LL, representative for DR.. John II.
Wilson argued for an hour and In his
careful review Of the case mentioned
Gle following issues: that Mr.. Nit
chell was advised to have hospital
treatment at the time CT the accident
and at future times: snat neither Of
the doctors had an x-ray and IL was
not customary for medical men to go
about taking X-ray machines with
them: and 1t was not negligent on
their part not to have taken an x
ray; that the tape did come up above
the knee to the point Ut the fracture
Or above as testified to doctors who
saw the leg; fourth that the long
splint was covered and paded: that
Mrs. Willis stated that she assisted
IN removing the sheets: the length of
fhe plaster cast was from the thigh
TO the toe as shown by X-rar, pic
lures and by testimony: that the lit
tie splints were put on the night the
bone was set and that from testi-
mony 1t was shown that everything
was done that could be done for Mr..
Mitchell.
The testimony of DR.. Rowland, who
Mr.. Merrill called q rolling stone, was
referred to and also the testimony OF
DIR. Caswell Of Portland, who stated
that no better results could not have
been expected If operation had been
performed sooner.
Mr.. Merrill recalled DR.. Wilson ac-
complaining Mr.. Mitchell to Bangor
for treatment where he was placed
In care of DIR. Allen Woodcock; and
Mr. Bartlett's testimony.
Mr.. Merrill reviewed the story OF
Drs. Moulton, Wilson and Stinchheld
of Skowhegan going to the Mitcneii
home and resetting the bone but that
they stated that they would not as
sumo the responsibility for the leg.
Mr.. Merrill requested the jurors 10
measure the pieces OF the long spiints
and ascertain how much had oeen Gu.
from the splint. Mr.. Merrill stated
that Mr.. Mitchelrs human body had
been to blame for not throwing OF
the caIus by which the bone wou!o
have been united and refusing hospi-
tai treatment when at Bangor where
he was taken for that purpose; that
the fault for his present condition ID
all his own and not that OF the doc.
tor. in any one thing from the start
TO finish and that the jurors were 70
decide the facts from the evidence
brought out in the case as they re-
rnembered IT.
,i,r, argument and following recess
attorney Frank Haskell argued Tor an
hour. Mr.. Haskell went carefully over
the case from their stand point from
the time OF the accident on the night
or December 25, 1921. He said the
reducing Of the former required great
skill. He said that the defense nad
employed a smoke screen to cover tne
real issues and that the moving IN
bed and having pillows under his head
did not amount to anything ana that
the only sheet taken OF the pea was
the draw sheet and that 1t was placed
that n might be drawn out when soil
cd.
Mr.. Haskell reviewed and read rom
testimony of nurses at the Maine
General hospital and referred to the
almost formidable array OF DOCTORS
called. Mr., Haskell stated that a
common method when 1t was found
fiat the bone was not uniting was
In rub the bones together to AID the
exhibition Of calus and that Or. Moui-
ton was negligent in not doing tnis
and that he should have MAD N-ruy
ADDlte0 DC suLc shos
were in position, which he did nov!
that they considered that both DOC
nors who had worked together ON tho
case were responsible because OF I'M
skilful and negligent treatment 1oF
MIR. Mitchell's suffering.
The greater part of Friday after.
noon's session of the supreme court
was taken UP by Justice Sturgis IN
his charge to the jury. The justice
at first gave the jurors general IN
structions as this was the hrst case
of the term and then gave speSa
instructions concerning TINS case.
which was out of the ordinary as IL
dealt with professional men ana
much expert testimony had been put
in the case. Justice Sturgis explained
that the preponderance OK evidence
not from the number Of witnesses,
but from testimony given. must De
presented to prove the allegation Oh
the plaintiff. .,.,
men accepted cases, Il contract was
made but that they are not warran-
tors and could not be held for honest
error in Judgment and that they have
perfect right to give up case wnen
thew find they can do no more lot u
pntient and that the PLAINTIFF must
prove that the patient exerted no
contributory negligence which al
fected his recovery or present con-
dition.
Justice Sturgis went over the case
with much care and gave the jurors
cyplicit instruction concerning their
work, He explained to them tnat
there were six blanks to take into
their room and also the use OF each
in making out their verdict.
The Jurors returned after O'CLOCK
after being out a little more than an
hour and presented three verdtcts.
the first for DR.. Charles A. Mouiton;
Abe second for DIR. John H. Wilson
and the third for Drs. Charles A.
Moulton and John III. Wilson. After
the announcement of the verdict, Mr..
Mitchell in his wheel chair assisted
hv his daughter, Mrs. Lillian Van
Deryee and friends, quietly left the
courtroom. While the large number
who had been in attendance during
the trial thought that the jurors
were fully justified in their verdict,
n wave OF sympathy went out TO the
agend and crippled plaintiff. for his
attorneys, Haskell and DeWolfe. had
worked so hard from start to finish
of the case.
The case OF Everett DeCall of
Pittsfield va. Myra l.. Garland, alias
Mrs. George III. Garland, and Maur-
ice p. Merrill. administrators. trustee,
was opened late Friday afternoon.
The case is being heard before q
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