Bemidji Daily Pioneer Newspaper, May 5, 1909, Page 1

A4 | be VOLUME 7. NUMBER 15. BEMIDJI, MINNESOTA, WEDNESDAY EVENING, MAY 5, 1909. FORTY CENTS PER MONTH DR. KOCH DAMAGE SUIT IS BEING CAREFULLY TRIED Senator Peterson, for the Plaintiff, and E. E. McDonald, for the Defendant, Arrayed Against Each Other.— Case Attracting Much Attention. The $5,000 damage suit of Mrs. Mary Johnson vs. Dr. Koch was commenced in earnest yesterday afternoon, when a jury was secured and Senator Peterson of Moorhead opened the case for the plaintiff, stating that he intended to prove that Dr. Koch’s neeligénce and not using proper skill in examining and treating the case of Oscar John- son caused the death of young Johnson. The case was called at 1:30 o'clock, and the jury was excused at 4 o’clock, after a searching ex- amination by both Senator Peterson and E. E. McDonald, the latter appearing for the defendant. While the jury was being secured, Senator Peterson moved that Dr. Koch be sworn, in order that he might testify if he was not, at the time of the death of Oscar Johnson, protected against actions for mal- practice by a surety bond. Mr. McDonald objected to the request as being improper. Judge Stanton sustained the con- tention of Senator Peterson, and Dr. Koch was called to the stand to testify as requested. In reply to the direct inquiry, Dr. Koch stated that he was so pro- tected by a bond given by the United States Casualty company. When both attorneys had exer- cised their three peremptories, the jury was selected as follows: J. H. Misner, A. L. Rako, Joseph Williams, James Perkins, A. Edwards, John Gravling, ], E. Drury, J. W. Wesley, Thomas Moore, B. H. Major, William Tisdale, Gunder Moi. Attorney Henry Funkley of this city assissted Senator Peterson while the latter were examining the jurors for the plaintiff. In opening for the plaintiff, Senator Peterson stated the case was contained in the pleadings of the plaintiff comprising the cause of action, wherein it is alleged that Oscar Johnson died in the month of March, 1908; the appointment of Mrs. Johnson as administratrix, on June 22nd, 1908. The speaker stated that Dr. Koch was a licensed physician practicing at Blackduck at the time of the ill- ness of young Johnson; that Dr. Koch was called to examine ard treat Johnson; that the doctor did not use proper skill in the examina- tion and treatment and misbehaved, and owing to such actions, Johnson died, death being caused entirely by stated neglect of the defendant; Johnson left no wife or children, but his next kin were his father, Christen Johnson, and his mother, sisters and brothers; that the defendant was damaged in the extent of $5,000. To this the defendant had entered a general denial, as to negligence and misbehavior, and claimed defendant had not been injured in any sum whatever. In making his final statement, Senator Peterson repeated the alle- gations made in the orignial com- plaint and said the plaintiff would prove all these and satisfy the jury that his client was entitled to the damages claimed. Mr. McDonald, for the defendant, moved the court that the case be dismissed, for the reason that, be- cause of the statements made by counsel for the plaintiff, there was no cause for action. The motion was denied; and Dr. Koch was called to the stand for cross-examination under the statutes. Senator Peterson conducted a close examination of the witness, and elicited practically the following facts; That Dr. Koch is 32 years of age, and has lived at Blackduck for four years; is a graduate of U.of M, medical department, class of ’02; knew Oscar two years prior to his death, but did not remember the boy at Fergus Falls, where he and the Johnson’s resided prior to com- ing to Blackduck; Johnson family lived a block from the hospital in Blackduck; where the doctor made bis home; had been called to at- tend young Johnson on March 5, 08 and diagnosed his ailment as ton- solitis, which he treated with local applications and a gargle. There was no talk firstday or night of diphtheria; had visited the patient next day and regularly until Johnson died, early following Mon- day morning; Johnson’s throat had grown steadily worse, but doctor would not state that there had been talk of diphtheria until nearly the last day the sick boy was alive; the doctor stated he had changed remedies on Saturday: that there bad been swelling of tonsils, but were no patches or spots on tonsils; uvula was normal; had lanced ton- sils, and patient experienced some relief; boy had not slept any, walked about house; could not recall that Oscar had at any time mentioned diphtheria, believed he had not; while remedies had been changed Saturday, had not entirely changed diagnosis of case as being tonstlitis; gave patient nothing for sleepless- ness, except local applications and gargle to relieve pain, so patient might sleep; gave strychnine Satur- day. Senator Peterson asked the wit- ness if Mrs. Johnson had not ques- tioned him relative to the saliva being in danger of chocking Oscar, if he were given anything for sleep- lessness, to which the doctors stated, after an objection of counsel had been overruled, that he did not recall any such talk. Attorney for plaintiff had the wit- ness explain the manner in which anti toxin was administered with the aid of a sample of diphtheric serum which was shown. The doctor stated that he had administered anti toxin to the pa- tient, for diphtheria, changing the diagnosis of the ailment from ton- silitis to diphtheria, but could not recall that anyone was present when the anti toxin wasadministered; this was on Saturday; did not tell members of family that he had changed diagnosis; told them after death of patient, early Sunday morning; had made a report to Dr. Bracken, chairman State Board of Health, each night treatment was made. Court adjourned until 9 o’clock this morning. The trial of the Koch case was resumed when court convened this morning and the cross-examination of Dr. Koch was again taken up by Senator Peterson. The senator questioned the doctor again as to the time of administering the doses of anti toxin during the illness of Oscar Tohnson and was told that the remedy was given on Saturday, between the hours of 2 and 4 in the afternoon, and again that night at about 12. The doctor stated that he had said nothing to any of the Johnson’s about having given the anti toxin until after the death of Oscar. The examination was continued along the line of establishing how often the injections were given, of what strength they were and whether anything else had bean injected besides anti toxin, the doctor telling that he had also injected strychnine, the latter having been administered to strengthen the action of the heart. Sunday night (the night of the death of Johnson) he had administered digilitis and glycerine. Senator TPeterson persisted in bringing out the particulars of every movement connected with the ad- ministering of the anti toxin andall other medicines, and closely ex- amined the doctor as to the effects of the anti toxin on toxine diphtheria; the requirements of the State Board county is $204,157.19. held May 25th, at 10 o’clock a. m. their bonds approved. COUNTY BOARD AUTHORIZES ISSUING $190,000 OF BONDS At this fi\orning’s session of the board of county commissioners a resolution was passed authorizing the issuance of $190,000 bonds for the purpose of refunding the floating indebtedness of Beltrami County. This action is pursuant to the passage of chapter 245 of the laws of Minnesota for the year 1909 and chapter 10 of the Revised Laws of the State of Minnnesota for the year 1905. per cent interest and be paid at the rate of $13,000 per year. In the resolution which was passed this morning it is stated that the floating indebtedness of Beltrami Bids for the sale of these bonds will be opened at a session of the county board to be The bonds are to bear 4% Before the resolution was passed County Auditor Wilmann submitted to the board a statement showing that the assessed valuation of Belttami county was $7,040,887, and the estimated true valuation is twice that amount. He also stated that the bonded indebtedness of the county was $110,000 and to partially offset this there was in the sinking fund the sum of $43,734.51. The bond of Frank Chapman, as supervisor of assessments was accepted and approved. The applications of Matt Heffner and C. Rogers for license to sell intoxicating liquors were granted and of Health, etc., with frequent objec- tions on the part of Mr. McDonald, the defendant’s attorney. The counsel for the plaintiff put forth every effort to bring outif possible that there had been dis- crepency between the official report made by Dr. Koch, as village health officer of Blackduck, and his private statements and utterances and the facts in the case; and along this line ot questioning produced a card which the doctor had written, in which a report was made to the secretary of the State Board of Health, in which the physician had ‘stated that Oscar Johnson had died | of diphtheria and that the case had been diagnosed as such and he had administered anti toxin from the start, which the doctor explained by saying that when he wrote the card he undoubtedly meant that he had during the case diagnosed it as diphtheria and had used the remedy. nation, plaintiff’s attorney went into the matter of a diphtheria card hav- ing been placed on the Johnson home and attempted to lead the doctor to admit that the card bad not been put up on the house until the morning the boy died, instead of the day before, as was testified to by the witness, but the doctor stuck to his original statement. A copy of the Blackduck Ameri- can was also produced in which a public notice was printed by the doctor, as health officer, relative to ‘‘unnecessary criticism,” created by the Johnson case. Mr. McDonald took the witness and asked some minor questions which were permitted to be answered very guardedly, relative to the anti toxin boxes, and also as to when the doctor had developed diththeria culture. Delia Johnson,a sister of dead Johnson boy, was calied, just before noon. She testified to being at home in Blackduck when her brother was ill, and told of the circumstances of the illness of Oscar and the fear which she claimed the family entertained that | Oscar was suffering with diphteria; claiming that Dr. Koch had told them that Oscar was not afflicted with diphtheria, and if he was, he could give him some anti toxin and stop the disease, afterwards, and that the doctor lanced the throat, the p. m. Clerk of Court Rhoda Goes to Spooner. Clerk of Court F. W. Rhoda will be at Spooner- on Friday and Satur- day of this week for the purpose of considering applications naturalization papers. This will be the first court pro- ceeding, under the law passed by the late legislature authorizing terms of court to be held at Spooner and Baudette. The first of these regu- for lar terms of court will be held next August, beginning on the 17th day of that month. Big Elk Meeting Thursday Night. ‘The regular Be- meeting of the midji lodee, No. 1052, B. P. O. E., | to be held ‘tomorrow evening, will interest. In connection with the regular be of more than ordinary business to be transacted, there will be initation and a social session. Before finishing the cross-exami- | after which court adjourned until 2{There will be vaudevileanda ‘‘feed,” and the occasion will be an enjoy- able one. All members of the lodge are urged to be present and visiting brothers are welcome. —F. S. Lycan, E. R. Wanted Teamsters, And horse owners to see the hame- less metal horse collar. It does away with sweat jads and sore shoulders, and is cool and comfort- able. At Jerrard’s. Money Cheerfuily Refunded o S Clothing House Cood Clothes Nothing Else OU can’t go wrong in style, in quality of materials, in tailoring, in fit, if you stick to us and our Hart Schaffner & Marx fine suits and overcoats. other clothes made that are so uniformly i /i reliable in all the things a well dressed ' man looks for. There are no Suits and overcoats for men and young M men; the latest in fabrics, colorings, pat- * ” @ terns and models. Fanicy weaves, blue and black; suifs $18 0 830 Fancy weaves, hlack and oxford in overcoats; all fabrics $18 to $35 This store is the home of Hart Schaffner & Marx clothes {JOHN THOREN WINS HIS The Large Department Store, Days, Reopened This Mor: The closing out opened at 8 o’clock this wmorning in the department store of O'Leary & Bowser of this city, is undoubtedly the largest in the history of Be-} midji, judging from the extensive stock placed on the sales tables and the immense crowd which throngs the aisles on every hand. As a representative of the Pioneer stepped into O’Learys & Bowser’s | store this morning, he noticed the great number of ladies from Turtle River, Blackduck and other north- country towns who were taking advantage of the economy repre- sented in making purchases at this large sale. Bemidji ladies were| also in large attendance, but extra clerks had been engaged and it was really remarkable how quickly the many customers were waited upon. The store had been closed Mon- day and Tuesday in order that| the clerks might mark down the]| prices and when the sale began it was very evident that nothing had been reserved. Every article had ! its old mark and a new red tag, upon which was the sale price, in order that the purchaser might know how much cheaper he or she can buy during the sale than form. | erly. Sweeping reductions had been made on every side. Women crowded the counters in front of the fine display of laces, embroideries, trimmings, ribbons, collars, belts, gloves, handkerchiefs, hose, notions and jewelry. The clerks were kept constantly busy showing bargains in women’s suits, coats, skirts, O’LEARY & BOWSER’S BIG SALE COMMENCED TODAY Which Has Been Closed Two ning for the Largest Sale in the History of Bemidji. sale, which'underwear, shoes, dress and wash goods, silks and satins. Evidently the ladies were raiding the linen department in their anxiety to benefit by the choice bargains at that counter, but the company’s stock of fine linen table- cloths, napkins and sheets seemed inexhaustable. Beautiful rugs at extremely low prices were hung upon the walls and carpets, linoleums, window shades, lace curtains, screens, pic- tures and bric-a-brac were placed at advantageous points about the store, each one of which had its red sale tag. Farmers and townspeople were jostling each other in the clothing department in their endeavors to secure fine Collegian suits, overcoats, raincoats, trousers and workingmen’s clothing at the low price to which the articles had been marked down. Hats, shoes, collars, neckties, sus- penders, handkerchiefs, hose, shirts and underwear figured prominently among the fine bargains offered to the public. O’Leary & Bowser had intended to publish a large display advertise- ment in this evening’s Pioneer but when our representative Bowser this morning, saw Mr. the latter said, "I havz been too busy prepar- ing for this sale and waiting on customers to write that ‘ad’. Just tell the people that we are awfully busy. We are sacrificing our profits because every article in -the store, all goodsin transit and all back orders at wholesale houses and factories must be closed out and sold befgre July 1st.” SUIT AGAINST GO. BOARD Given Judgment of $137.50 for Labor Performed in 1908, Supervisor of Assessments. Jobn Thoren has secured judg- ment in district court against the board of county commissioners of Beltrami county, in suit against the board $137.50, for salary claimed to be due as a special assessor at different times during the year 1908. An order of findings were entered in this case yesterday, and was as follows: “This cause having been tried before the court, without a jury, at the February, 1909, General Term, Chas. W. Scrutchin appearing as attorney for the plaintiff, and Chester McKusick as attorney for the defendant, the court, upon the eyidence, finds as facts: *“1.—That between the 1st day of May, 1908, and the 25th day of August, 1908, plaintiff rendered ser- vices to the County of Beltrami, State of Minnesota, of the value of $137.50. “2.—That on the 25th day of August, 1908, the Board of County Commissioners of said County Bel- trami, at a meeting of said Board, regularly held, duly audited and allowed three -separate, verified claims of the plaintiff, aggregating the sum of $137.50, and directed the County Auditor to draw warrants therefor. “3.—That no part thereof has been paid; and as conclusions of law: “That plaintiff is entitled to judgment against the County of Beltrami, State of Minnesota, for the sum of $137.50, with interest and costs. “Let judgment be entered accord- ingly. to recover “C. W. Stanton “Judge District Court.” ““MEMORANDUM. ‘“The court stated upon the trial that it entertained some doubt as to whether the plaintiff should not have proceeded by mandamus to require the execution and delivery of the warrants. Mandamus would, of course, lie, but the right of the plaintiff to bring suit for the recov- ery of the indebtednessis well sus- tained by the authorities: “Guylder v. Town of Otsego, 20 Minn., 74 (59). ““Martin v. Elwood, 35 Minn., 309 State v. Ames, 31 Minn., 440. “Even if the employment of plain- tiff had been unauthorized, the offic- ial action of the Board on August 25th, 1908, was a ratification of said employment: “True v. Crow Wing county, 83 Minn., 293.” Hit of Season at Brinkman. MaDell & Corbley are the talk of the town on account of the excellent play they are putting on at the Brinkman Family Theater this week, entitled “Summer Boarders and Sum- R-Not,” with the following char- acters: The Lady Boarder, The Cry-Baby Girl, Arabella; Slow Talker and Bowery Lizzt, Irene Corbley; Charley Sporty Boy and Jimmie the Bowery Boy, George MaDell. Joe Noel, impersonator and comed- ian, is the best in his line that ever “made” the west. All new pictures tonight, among which are the following subjects: “School Boy’s Revenge,” “Vercinget Orix, Gaul’s Hero,” “A Canadian Winter Carnival, Ski Tournament.” They are the best ever shown in this city. Warrants Payable. Notice is hereby given that there is money in the city treasury to pay all outstanding warrants issued on the Poor fund, registered prior to March 1, 1909; on the General fund, registered prior to December 1, 1908; on the Permanent Improvement Revolving fund, registered prior to May 1, 1909. Interest will cease from and after the date of this notice. Dated at Bemidji, Minn. 1909. —Earl Geil, City Treasurer. May S5,