Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-11

SAID mat he did not. Mr. Me,r;,,
asked the doctors if any of them
I i,s tape measure with them. Dr
otinchneld produced q tape mea S,re
Aho measured the two pieces OF tho
spiiht which had been sawed in two
anu which showed from the sawed
piece the prints of the saw teeth
Where both ends had been sawed or
ara me two pieces together meas
urcd Al IL inches.
Dr. MARSH was called by Mr.. NIer-
rill and asked If he put back of Mr.
MitchelPs leg the adhesive tame
which he took off. DR.. Marsh said
that he certainly did not. Mr.. Nit
chell was again recalled to mako a
prlef explanation to the jury con-
corning DIR. Marshs visit.
AFTER recess the first argument
Tor the defense was made By Attor-
ney James V. Perkins OF Augusta,
who was attorney for DIR. Moulton.
Mr. Perkins said that surgeons and
medical men did not insure recovery
ana lhat they were not liable for
hones. errors but that patient
owed some duty to himself and to
his physician or surgeon and that
ne should obey directions. He said
that they had proven by testimony
of Ralph Deering and Gus Jenkins
and also by DR.. Moulton's son. that
Drs. Moulton and Wilson did tell
Mr.. Mitchell that he should 60 to
the hospital for treatment at the
time OF the accident and that when
he did go to tho hospital he did not
remain for treatment which he
should have. That even after they
had found Mr.. Mitchell had come
home DR.. Moulton 'phoned to Mr..
Bartlett. a neighbor of Mr.. Mitchell.
that If Mr.. Mitchell wished him TO-
he would get another doctor to come
and reset the leg. but that he would
ret assume the responsibilities for
the results and that he did 20 with
DR.. Stinchfield and DR.. Wilson to re-
ser the leg
Mr.. Perkins said on cross exam
ination of Mrs. Mitchell that Dr.
Moulton always came whenever
they called him and that Harry
Bartlett. one of the plaintiffs wit
nesses had to admit that he saw Mr..
Mitchell pull himself UP in bed. Mr..
Perkins said that he thought that
the treatment that DIR. Moulton and
DR.. Wilson had given the patient
was an honor to their profession and
that they deserved commentator
for their faithfulness to the case and
that they had in nowise neglected
the patient and that he doubted If
ever more care had been taken in
reducing a fracture of the size then
DR.. Moulton took that night because
his son, who might follow in his
fathers profession was present and
DIR. Moulton explained every step of
the procedure TO his son.
With the opening of court Friday
morning Attorney Edward s. Mer-
rill for DR.. Wilson. one of the de-
fendents. will present an argument.
In this case both attorneys for the
defendants wish to argue and Judge
Sturgis is permitting them to do so.
Following Mr.. Merrilrs argument
will come the argument of the plain
tiff and the judge charge to the jury.
The verdict will be anxiously await
ed bv a large number of Somerset
county people who have been much
interested in this case, which is the
first one of the term.
Leon Fisher of Jackman was ar
raigned Thursday afternoon in the
supreme court to answer to the
charge of non-support of his wife,
Helen Fisher and two year old son.
Elroy Fisher. to which he pleaded
guilty. County Attorney James II.
suggested that instead of Fisher be-
ing given sentence. he be ordered
to pay SIS per week and furnish
bail. Judge Sturgis ordered Fisher
to pay SIS per week and furnish
bail. Judge Sturgis ordered Fisher
to pay SIS a week for one year for
the support of his wife and child
and that he bail in the sum OF S15W'
which he did.
Fisher was represented by Attor-
ney Sherman n. Shumway.
The committee to arrange for the
8. H. 8. assembly met Thursday at
ternoon with the scout leader. Mrs.
Clement Downs at her home on
Mount Pleasant avenue.
Miss Anabel Lancaster. the dis
trict nurse. has been suffering with
q sprained ankle.
Howard w. Lowd Of Gorham was
In town Wednesday on business.
Miss Edith Wadsworth. of the
State Board of Corrections and
Charities is in town on official busi-