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4 corrections, most recently by FreemanTemplerWilson - Show corrections

Thursday, June 17.  

While the Court was waiting for witnesses, Mr     Stephen said that Mr Templar, (the promotor in Morgan's case) was preparing a memorial to his

Honor, recommending the prisoner 'to mercy, and

asked if it would be accepted.    

his Honor said it would make not the least differ-   ence in his mind). The only quarter from which he   should pay the least attention to such a recommenda- tion, was the Jury; But he would hear witnesses to general character.                    

Mr Stephen said Mr Templer had never intended to prefer any charge more serious than for a common assault.        

His Honor-His intention makes no difference.

After a delay of a whole hour, from the absence of witness.          

Henry William Coates was placed at the bar, his   Honor not suffering him to sit by his counsel, under

indictment for manslaughter, in having, by his sur- gical neglect, caused the death of Nicholls BalI, during hU^lir^^ fracture bf his

"; "Tue indlctóémbavinR blée»Veáá.; bife (Conor asked

Ahe Advocate, Giflerai if ¿tba -indictnÎBat «rereiaaîfi ciettt. flVhidlaid Stress km thedn'ty ".piguenit 58>*e fa' d»y-w4»l »he« any ^pinding .taw. io ^aVjefiect 1 Tbeo be was oaHed sarge««, api>ihwary,aod me ? dioàl .ftUendsnt." Jfe kpew - of ;;no siifîb-profession.

O9: this, tw^fijreiy^he,. î**«%^î^ry^--i!f^JF.?8^* 1»»* lather po the dat;^BUeod'at té^^tófi'^i^^

.. . The Á^ócaUi GSeral belayed ^a'c^ntd pfbtrje, on i jpod authority, that âncô"was\a^ttrgee^f«'daïy %a': á

case of cpjnpóániá frafe^ . ^ , / . ffii H

'Wvê"put ¿he doty 'bf a mèdteâlWanio aiiaore general way^^jtbta f^calarà aodleffecls

Tfce AoVecate General

«?otd4heáppearañeei>f >»fi|#M6»._:; k:. ;'.¡:- '

? * -Î-.H u ao»V *ijovgh> i^j^-^^ym^^^u :r ; The ^iifc^ wu»¿ u>eu" ^rrabj^, ^le*d»d not;

' >~>;>,.; -à''¿¡J-.¡; S'^Q-Jv*' ;iWe-^fft. .fççept^

»he CowueiV- íurj ».'ÍJ!^^J|iat%e,--«««%^%^M¿

'*'".* ' ';.-',*?;. '.-''? '.? ?..?-.-T. j _ îv '.^ivJ-v>> if^', {vi-"' '. '<

IUtlemoretliani^p!íttlat64hé/actfl- Thedeceaset!, j Nicholas Ball, a miner, at the ^íórth Kapunda; broke bis left leg by a -fall i«íío à welt, oo- Monday ihe 12íh Ä pril last. The «ömpoand fracture was immediately reduced l>v Mr Coates, who promised to

see him again on the Wednesday- This hedid not , do, and the man lav unattended to]tí¡l Frilayeven. lo^kwhen Mr\<3oaies bavin? bee» seat Tor, came and dressed the leg. I» had then assnm-d a,*ery

dangerous ¿roi. and the patient, by the doctor's Con'-i sent, was sent to Adelaide, a distante of fi fry mile?,

¡aa dray*where hè arriye'd oa Sanaay morning, and j was placed in íbé.bpspiiaT.; Moitificatwn had then ex eiiited sb far;-that amputation, even bad the patient been able to endare h. would hive been usfeless, sod he died on Tueedsy. The Coroner's Jur£ returned a* -verdict to the eTect. that the cause of death way the

snrgicai neglect of Mr <Joätes."*"

The Advocate: General «pened the case, hy detail ing the fore^oiog facts- He emphasized «he fact, that after his first visit, Mr Coates led the friends nt the deceased Jo expect his ea-ly return, and had left, with them..neither medicine «or instruction r. Re ' ferrin» to the castor oil administered by Mr Hack,

he said lie would prove that it was beneficial, and

therefore was not to be regarded as an interference with RFr Coates, and the -maia f»ult in the treatment of the case was, that such medicine hid not been given earlier and more frequently; He would prove, that when Mr Coates resnmfcdr his attendance, iñsen sibiiiiy had commenced-that thal ¡o fact which he called erysipelas, was in fact gangrene or incipient mortification. If so, their duly would be an easy one, as he could prove, thal wi*h ordinary care, no such consequences would have followed.the fracture. Ile next remarked on his having sanctioned the removal Ï of a person ra such a state-^a person 'who ^vas pro I bablj, even'then, from precious neglect, jiasf réeo^

very. Hetíád_ iaser¡ed a second count, in which the!; removal was laid a* the cause of dea.tb j bat bis real portion was, thit death bad been caused already, -and had been accelerated by the removal. : ^4ieduty of a

'. medical maa, in a case like the .present, was very,; I simple, though be doubted not it would be made a ;

subject of myst fixation. Tte .learned counsel then explained the. difference between simile and coir pound fractures, and the greater necessity of close attention to the Matter than to the formei>: . On this subject, and on the general' treatment of'componed fractures he read extracts from Cooper's Surgical Dictionary, calling particular attention to the 'direc tion that they should be dressed every day. Different fractures of ^coarse requ'réd différent degrees of care*' and there «as no doubt that tbe present was a bad case ; but they found that no tare whatever had been' used-that tlie patient had been wholly abandoned from the moment he was firft laid «ÎOCTU. He dwi not eharge the prisoner with want of know ledge, butw.ith a very groas neglect of th at-ordinary care which the circumstances required. ;He.would not seek to aggravate their feeling« agaiaat an indivi dual, but it was a mauer of'public importance iha« practising surgeons should be compelled to use ordi nary care ia thone cases which they ondertook. He did not say that a medical man was bound to take the charge of a case without pay,-or «ven with it, though in tither a chivalrous. feeling usually 4ed. him midd; bot having undertaken-: it, he had no right to throw it aside, or relieve himself from res ponsibility, by pleading other, -calls ou his time er attention. . He was bouud to use all diligence,and ia the event of his absence, to shew the positive impos sibility of bis presence.. This was not a case such as might happen in large communities, where a surgeon's duty wa« ended when. °a certain operation was per. formed, and others would'attend the patient after ward*. Mr Çoates, as be would prove, ondertook the entire eise', and understood that no other-surgeon would iut>^fer<».. - ? . - .-. ' ?.

The learned counsel then called . :

7?John Rowe, who described the circumstances of

the accident, which we have] aii-pady. given in . full. The only important addition to hif evidence was, that on Thursday, about - midoight.^hs. obr served some small bladders, about the wound* which were larger nest morling, and preached sis. inches above it. The limb was also ihffrrac'd and swollen» .;

John Yarwood-Had been present àt; the set- ting of the leg; asked Mr Coates, as he was going, if medicines would he necessary; ¡he replied, "I shall be here the day.after tomorrow    

witness, on Thursday morning, gave deceased two ounces of castor oil and a little saltpetre for his relief ; each had.the effect desired.       J. B. Hack repeated his former evidence.

C. J. Carleton, assayer of ores at the Kapunda mine, "had been at first, sent for to attend de- ceased, but had recommended the calling in of prisoner; on his arrival, witness said to him, "An accident has occurred, you have been sent for to attend it, the man cannot pay for two attendants -recollect it's your case ;" prisoner "made no particular answer ; witness went away- before deceased was brought up ; did not positively know the nature of prisoner's practice ; he had attended one case at the Kapunda Mine as sur- geon, and witness, by arrangement, acted as his assistant, seeing the patient every day,-and pri- soner doing so twice a week ; no such arrange-

ment had been made in Ball's case.

Wm. Freeman, the man who had charge of   deceased on the road to town, proved that he had taken him there by prisoner's direction, and had .bathed his leg with a lotion given him for the   purpose; prisoner gave him other instructions,   which he precisely followed; deceased was much   shaken on the road; there was rain and a high   wind; he could not sleep for pain.

J. G. Nash, Colonial Surgeon, repeated the evidence he had given. before the Coroner and which we printed, at the time - ;When he first saw the deceased on Sunday, 18th April, mortifi cation extended entirely up. the thigh, and must have existed two or three days ; called Mr Wyatt in to see him ; they agreed that nothing could be done for him-in fact, that he was sinking ; he died on the Tuesday ; with ordinary care, the fracture would not, in his opinion have produced mortification; he judged from the nature of the fracture (tibia and fibula broken), and the ap pearance of the man ; the first thing which ought to be done was to set the leg,- then to endeavour to close the external opening; aperient medicines shouId then be administered; should they not .act, and inflammation run high, witness would bleed -that is,in a healthy man in the country; all the secretions being free, and the patient suffering pain, he would give him anodynes; he would also apply evaporating lotions to the leg to prevent swelling; should sse the patient at least every day, and, if there were any pain com plained of, would remove the splints and undo the bandage, to give the part relief; if much swelling occurred, and there were a disposition to suppurate, he would assist that disposition by fermentation and poultices; if suppuration be came too profuse for the patient's health, and he thought nature woufd not bear up, he would amputate as soon as possible ; considered such to be the duty of a medical man who undertakes the sole charge 0f a compound fracture ; had. heard the evidence as to' the facts ;' considered the blisters seen on Thursday night to be a se paration of the cuücíe, and that mortification had commenced; saw nothing in thm like erysi- pelas; considered the case one of surgical ne- gleet, from, the patient's having left for four days so shortly after the injury ; it was one which  

required to have been seen at least once every   day; had the splints and bandage been removed on the second day, and medicine administered, it is most probable mortification would have 'been prevented ¡ amputation should take place as soon

as possible after the appearance of mortification;

the various branches of the medical profession are not so clearly kept distinct here as in Eng- land.        

By Mr. Stephen - A medical man in the country,

attending a case at a distance, might feel frequent at- '^h¿aac« iàco'hife*^^ hi

fho«id«iakë *i*p*ii«;|>f giviog^doe «aré,. W*re h< twenty tmtes'off.^ie^a^^^^ aqd «omi J part pf bis practice must¿iveo a*»- Qns horsi i weald be knockedia^af i^ar - days, aiid^i]iaps mt

roaprtoo. lt he"bid^

Where a case involved danger to life, witness would give up cases not dangerous to attend ??. Should

not consider a compound fracture dangerous if he had

left proper medicine and instructions with an intel-

ligent person. Should have thought it likely Mr

Carlton would have been sent for in Dr. Coates's ab- sence. He had been with witness at the hospital as

dispenser, for some time; was an intelligent man,

and and seen much of surgical cases, but should not have relied on his attendance unless by arrangement; ii is' good practice to administer .aperient i^pediciae within -ihe. first fonr days ;. .wooid;v_do so within three or four hours; it is the first thin? he. «would .do. [Mr Stephen here read a passage ./rpm ^Str jâ.sUey Çoopei'a lectures ."1adernoíog ápprien's, and recotamenijîng bleeding, j Witness 'saidlbal ?there-were now niéchaairât" contrivances lb ;obVtate iheíñtóaveniencfes referred to by Sir Astley, Though th'si roorUfitation had conameBoed Jnior to «lÄoväti ; pahidóes Q6t cease at the commencement. Of course

it does w&en ihe part becomes thoroughly ¡dead. A surgeon would be justified in following.so high an .authority as Sir Astley iVjoper. '..*-";'':? :

-, By; lb« Advocate G-neral-His at vice was not '.fo'lowed here,as be recommends bleeding -ip place of

aperient*. Her« neither alternatives was adopted»

By the Judge-ff the splint* an/L.bandages were Ielt'«n for four days, mortification would*be v«ry likely .lo erjsup. Â case of compound, fracture !efi without attendduce should ba regarded as one ol

WiUiàta Wyatt, J. P., coroner, detailed the c'?r c«ms-anees of the inquest, and underwent a long pro. fessiona! examination, which it would Ixe. tedious to record. It wa«, for the most part, a confirmation of what Mr Nash had said. On being pressed by Mr Stephen in crose^examinatioo, as to the possibility of .mortification being taken for fry gi pelas, and having *aid that lhere «mas a; very.-, marked difference between the two, he admitted that he' could imagine the possibility of that, or of any other stupid mistake being made. w ' :'

J. B. H*ck. recalled-Had oaly koowa 'prisoner as a medical practiîionor ; he had acted ss a surgeon in the case pf a mun who dislocated his ancledid not, of bis own tbowted^e, know that he had äopplied .medicinesÍ ; at the lime of the accident he could not : practice wi'hout U, as there was no resident apothe cary. ; "prisoner bad said nottrag about rent une «ation.

The Advocate General-This is my case. I sop pose, your Honor, Qo further proof ts oecessary oi i}ie. profession. . . à "

Iiis Honor thought he must prave the averment in 'tbe.indicta^nt. ..However, it was not for him.to ad vise. . 'The Advocate General mus* exercise hi* ow'.n j oddment. The fact was; lie bed made a mis take io. thb indictment altogether. But the jury -wished to rut ire, and he could point Sut the difficulties

MV Stephen submitted that the course suggested

j would out be fair lo the prisrner. :

» His Honor would not adjourn,'then, till the case

for the crown was closed. Ti e Advocate General must proceed and take hie own course. ' The learned Advocate theo iexiled

¡ W. Freeman (who was examined hy bis. Haupt). ¡

--Fie deposed that prisoner ha l administered to bira ! 1 a blister on the chest, and st me powder», a short

time ago, wheelie was iii from drinking brackish water. Prisoner was there attending a sick woman

' at íhfi time.

His Honor.-This is »«ry irregular.

'The" Advocate General wished lo call another witness, bot his Honor refused.'" He considered the case, dosed. He vróald ask rio more ^questions ; but on the. Advocate: Generri insisting that the case was not closed f and <hat he: had a ri«ht .to.cai l whom be chose, suffered him to examine ftesh .witnesses him self. '.. . ... ... ' -\- ;. ;

^amael Bray-Prisoner had, to bis knowledge, managed a casë^of dislocated ancle.

By \fr Stephen-Was sent for Dir Cloates- on «he the FriJay, with a note; met him S ve or ¿tx miles frotn his own house on foot-; he ¿aid be was on his

way io tish deceased. " ?

The Advocate General~-Had you any conversation with him 03 ihecdseP 0

His Honor-That question does not arise onto the cross examination. \ : . - \

The Advocate General-;N.o,. and I should have stopped ¿he cross examination had it been wo. th

j while. T¡»at dil .nat aiis¿ out ot n»y examination.

lt was noterons to tr. '

His Honpr,(1anoh":ng) - Noj it Í9" ¡not. necessary. In'eros* exaroinition any question may be asked.

" The Advoca'e General calied

? Sergea-qt T.orrjmer; who deposed that, prisoner had. attended-his family for illness pf whatever kind, bad supplied medicines, and was paid for tbem.

The learned Advocate remarked that he jw« awkwardly situated, from.tjte^/act of the jprisooer not being a legally qualified medical practitioner accord ' in£ to the law of the province. He "bad been told

that the witnesses iriai the baise would prove the uature of his practice,- v

Tbiswas lbe case for the" Crown.-,

Mr Milner Stephen'raised a number of legal ob. jeolions lb tba indictment. Thal which appeared tno«t important was that it was alleged to be the prisoner's duty to at ¡en d Once a ?day during the treat

ment.,* . . '.

?The Advocate General thought the «rilence suf ficiently proved-this. .

His Honor «ai j that it was not even alleged that the leg had be«;o se», still Jess that it was requisite it should be seen once a day.' And it .had not been shewn luau it was possible for the prisoner to attend every day a distance of twenty mii'es. '{he indictment should have set iortii thal the leg batt Wen' broken, was set, and that the spHats"and bandage* required to be removed, and Ind not been so. thi-n they could have come at the mérite of the case. It should have been treated'as want ol skill, as in Rex v. Webb, where a man was indicted, criminally, for killing a

perron with Morrison- pille.

His Honor thought the cause of death should have been more paiticulariy alleged. - The express in. stance of neglect should bave been shown,.and the mode in which it caused death; that the case re quired aperientSj and th« removal of the ligature. A medical man would not be »afe in answering alie, gâtions of so general a kind. The more be looked at the indictment the mure he-was convinced that it could not stand. He thought, al <o, that «bere it had been p:oved thai the prisoner1 lived twenty rode« off, and «as found on hi-iwav 00 foot 40 attend 1 be case, thal the prosecution might bs abandoned on the merits at fairly as on legal grounds.'

Ttte. Adyoça-e Genera', after that expression ol opinion^ «cold hot press it further.

Ti.« *be-j, under his Honor«direction, ac " quitted, the prisoner * ? . _.

Adjourped till to-morrow, this day. The fi-sj case to be taken is that of^W il! sb ire.

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