Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-05
Somerset Supreme
Court Proceedings


Court Proceedings
At the opening of court Friday
morning. Attorney Haskell. Drs.
Moulton, and Wilson requested the
privilege of recalling DR.. Rowland,
who testified at great length before
the evidence for the plaintiff had been
closed. 1t &as granted by Judge
Sturgis and he was questioned con-
| corning the assumed treatment Of
Mr.. Mitchelrs leg by Drs. Moulton,
Wilson and Stinchfield as to whether
it was the approved method for
tretment of fracture Of the thigh
like Mr.. MitchelPs at that time, and
in that vicinity by physicians and
surgeons.
The defense was opened by attor-
ney Edward F. Merrill for DR.. Will
son. who gave an explicit and minute
explanation Of Drs. Wilson and
Moulton being called to the case,
their treatment and care, and Of DR..
Stinchfield being called when the
fracture was reset.
He stated that the defense would
prove that the present condition of
Mr.. Mitchells leg was not due to
fault or care Of Drs. Moulton and
Wilson, and that the facts In the
| case would be submitted to the jur-
ors for their consideration after the
law had been explained to them by
the court. Mr.. Merrill stated that
both the Drs. suggested 10 Mr.. Nit
chell that 1t would be best for him
to go at once to hospital for treat
ment. Twenty-one witnesses for the
| defense were called and sworn: DIR.
: Charles A. Moufton of Hartiand; DR..
j. II. Wilson Of Cambridge; J. j.
| McCarty. Rev. Malcolm Robinson,
Ernest Bradley, Augustus Jenkins,
! Ralph Denning, Mrs. Norman Willis,
Mrs. Morrill, bearing, all of Har-
mony: DIR. Walter S. Stinchfield,
Skowhegan: DR.. 8. J. Redmond,
| Dexter; DIR. George B. Dorr and DIR.
Marsh. Guilford; DR.. Allen Wood
cock, DR.. Daniel Mccain, DR.. Luther
Mason, DR.. John B. Thompson of
Bangor, DR.. Ernest Young of East
| Millinocket: DIR. Charles o. Caswell
| of Portland.
| The first witness to testify was DR..
Moulton and he told of being called
to Harmony on the night Of Deem
Der the 5th, 1921, to set thigh bone
and of the trip accompanied by his
son Arthur Moulton. DR.. Mouitbn
stated that he had been in practice
since 1884, when he was graduated
from the Maine Medical school at
Bowdoin and that he had likely at
tended 800 fractures and approx
mately fifty thigh fractures during
that time. That he has been located
in st. Adams and Hartland during
all of that time. DIR. Moulton stated
that he told Mr.. Mitchell upon ar
rival there, that he had better go
| directly to hospital, because of
his circumstances and the condition
of his home. but Mr.. Mitchell said
he thought Drs. Moulton and Wilson
could fix the leg alright and DR..
| Moulton said they coulf do that, but
| that he feared for his care following.
DR.. Moulton gave an unreserveo ex-
| PLANTATION of his work in reducing
the fracture making 1t simple that
the layman and members OF the jury
| especially could understand his
terms. DR.. Moulton stated that his
| work was witnessed by one person
at the Mitchell home and his son Ar
thur and that it was about nine
when he arrived and two A. NJ,
when he departed. He said that he
conferred with DR.. Willis after re-
ducing the fracture and that DR..
! Wilson agreed to assume the care of
| the leg and that he also spoke to
| Mrs. Mitchell and told her that he
had gotten the leg within ga inces
! of the length of the other and that
| was perfectly admissible and that
she seemed satisfied.
| Court adjourned at twelve until
1880 when the testimony Of DIR. Moul-
ton was continued. The testimony
! was conducted by Attorney James r.
! Perkins of the law firm of Pattan-
! gall. Locke and Perkins Of Augusta.
All jurors not serving on this case
We're excused Friday morning until
Monday at 11:15 A. NJ.
| At the afternoon session DR.. Moul-
ton continued his testimony, telling
of the other times he had seen Mr..
! Mitchell after he had reduced the
| fracture and that he did everything
| in his power for the patient, and that
when on June 9Th he was confident
| that he had done all that he could;
| that Mr.. Mitchell must have hospital
treatment he offered to do all that
he could to make preparations for
him to enter any hospital and that
he even came to Skowhegan, June
Sth and called at the Somerset hos
pital.
DR.. Moulton was given a grilling
dissemination by attorney Has
kell. He answered all the questions
in a direct manner and said that the
| treatment which he gave was to the
best OF his knowledge; that he did
not have the N-rays and that he had
not at any time. When asked how
recently he had redu ed a fractured
thigh he said a few days before he
was called to Harmony. He said
| that the age Of the patient was older
than Mr.. Mctihell. DIR. Moulton in
cross examination said that he would
do anything that he could to help
Mr.. Mitchell 10 hospital treatment.
The second witness Of the after
noon. DR.. Edward Herliiey of Ban
gor. a member Of the staff Of the
Eastern Maine Hospital. who assist
ed DIR. Allen Woodcock at the time
Mr. Mitchell came to the hospital.
He produced two X-ray pictures
taken of Mr.. Mitchell's leg at that
time. He explained the pictures and
| said that he was one of the doctors
who consulted on Mr.. Mitchell's case
and that he knew from actual knowl-
edge, having heard DR.. Woodcock
tell Mr.. Mitchell that he should have
an operation and that Mr.. Mitchell
refused and went home. He was
cross examined by Mr.. Haskell con-
| corning the X-rays.
| The third witness was DIR. William
T. Thompson of Bangor and he said
that he examined Mr.. Mitchell and
that the men consulted on the case
each came to a separate opinion and
that his opinion, like the others, was
that he soufd submit to an operation.
| The fourth witness was DIR. Daniel
| Mccain. He was a member Of the
staff at the Bangor hospital for the
past 80 years. He saw Mr.. Mitchell
and when he examined the plates
| said that he did NOT doubt that fhey