Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-11
Continue Mitchell
Case Opening Court

SSSD~ ~ 49, -
At the opening OF court Thursday
morning at $50 the trial of the case
'of Sumner Mitchell of Harmony in
which he is suing Drs. Charles A.
Moulton of Hartland and John H.
Wilson of Harmony in the sum Of
$4,000 for malpractice, was resumed.
The first witness was Arthur L.
Moulton Of Hartland, son of DR..
Moulton, who went with his father
to the Mitchell home on the evening
of December %, 1921, when his ia
Their and DR.. Wilson were called to
attend Mr.. Mitchell, who had broken
the femur of his RICH leg. Mr.. Moul-
ton, who is student at Bates col
lege, told of being present while the
bone was being set and of hearing
certain conversation concerning the
best place for Mr.. Mitchell was at
the hospital and OF his father being
questioned as to whether Mr.. Mitch
ell could smoke. He said his father
told them that Mr.. Mitchell must be
kept very quiet.
The next witness called was Err
nest Bradley, who was present at the
Mitchell home when Drs. Moulton
and Wilson set the bone and told of
bearing orders given for Mitchell to
be kept very still and that he had
seen Mitchell with three pillows I'M
der his head and that he helped
Mrs. Mitchell put them there, but
that DIR. Wilson told, him afterward
that Mitchell must not have more
than one pillow. He heard DR.. Will
son tell Mr.. Mitchell that he had bet
ter go to a hospital but Mitchell
said he could not. The next witness
was John E. McCarty of Harmony
He was at the house on the night of
the accident and said that he heard
DIR. Moulton give strict orders that
Mitchell must be kept quiet and said
he would not let him smoke for n
day or two anyway and that he saw
more than one pillow under Mitch
ellis head the day after the accident
The principal witness of the fore
noon was DIR. Walter s. Stinchfield
of Skowhegan, who was called by
DIR. Moulton on February 3. 1922, and
asked to go to Harmony and assist
in setting Mr.. Mitchell's leg. DIR.
Stinchfield said he went to Harmony
on the following day and was given
a history of the case by Drs. Moul-
ton and Wilson, whom he met at the
Mitchell house. This was after Mr..
Mitchell had returned from the Ban
gor hospital. where he refused to be
treated. His leg was in a cast, which
they took off and found the leg about
two inches shorter than the other
and that he washed and shaved the
leg and put on a Bucks extension
and weighted ii. When questioned
by Attorney Edward +. Merrill of
Skowhegan, one of the attorneys for
the defense, as to the methods used
by DR.. Moulton, whether they were
in accordance with careful and skill
full surgery and approved, practiced
methods in the state of Maine at the
time, he said that they were. The
attorneys for the plaintiff are Has
kell and DeWolfe of Portland and
for the defense, Pattangall, Locke
and Perkins of Augusta. with Mr..
Perkins acting in the case and Mer-
Tfll and Merrill of Skowhegan with
Edward f. Merrill acting and Butler
and Butler. with the senior Mr.. But
Ter, Amos K, acting.
At the opening of the afternoon sss-
Sion Senator Walter S. Bemis of Har-
mony was the first witness. He told
of calling on Mr.. Mitchell a few days
after the accident and finding him boil
stored up in bed. He said that Mr.
Mitchell told him he was feeling very
comfortable. DIR. Wilson called on Mr..
Mitchell while Mr.. Bcmis was there.
The second witness was Mrs. Laura
NJ Decring of Harmony, who told Of a
call at the Mitchell home the evening
after Mr.. Mitchell came home from the
Bangor hospital. She said that MIR.
Mitchell told here that they wished
him to remain at the hospital and have
his leg operated upon: that he did not
wish to do so. end came home. She
SaiH that ha n
ner. if anything goes wrong with your
leg you IL have nobody but yourself to
blame" and he replied, Nobody but
myself and God alone
The principal witness of the after
noon session was physician and sur
geon Charles Q. Caswe1l of Portland,
an orphopedic specialist who is, and
has been for 20 years. member of the
staff at the Maine General hospital in
Portland. DR.. Caswell told of being
called in consultation with DR.. Brad
ford and related the condition Of Mr..
Mitchell when he came to the hospital,
and said that he did not remember any
sores or any difficulty with the skin
of the leg. He said that the operation
was delayed because the hospital could
not get the beef bone pegs and also
because the patient had a cough. and
it was not considered wise to operate
while he was coughing.
In questioning, Mr.. Merrill went
thoroughly over the treatment and
brought out in the testimony given to
Mr.. Mitchell by Drs. Moulton and Will
son from Dec. %, 1921. the night they
were called and did reduce the frac-
ture, until June 7. 1922. when Drs.
Moulton and Wilson gave up the case,
asking DR.. Caswell il he would consid-
or that the treatment in each particu-
lar was in accordance with skillful
surgery practiced in the State OF
Maine during that time. In every in
stance DIR. Caswell said that he should
1t good practice, and approved
methods used, and that the right thing
was done.
In cross-examination Mr.. Haskell
asked again about the condition of the
skill and il there were any sores. He
said that he did not remember any
thing. DR.. Caswell said that he had
examined Mr.. Mitchell's leg since be-
ing in Skowhegan and he fould that
firm union had been made. DR.. Cas-
wells. testimony closed the direct evil
dence in the case at seven minutes past
three.
In rebuttal the plaintiff called Mr..
Mitchell and he said that he did not
hear anything said to him about GO
ing to the hospital the night of the
accident and also said that he did
not hear many statements given in
the testimony of the defense. He
said that DR.. Marsh put back on the
adhesive tape which he took off
when he came to see him. Mrs.
Mitchell was called in rebuttal and
she also said that she never heard
the doctors say that he should go
to the hospital the night of the acct
dent.
The long splint that was used on
the outside OF Mr.. Mitchelrs leg was