Bemidji Daily Pioneer Newspaper, May 6, 1909, Page 1

THE KOCH DAMAGE SUIT Examination of Witnesses fo r Plaintiff and Cross-Exami- nation of Defendant Had Occupied Time of Court Up to Noon Today. Yesterday afternoon, the ex- amination of witnesses for the plain- tiff was continued in the damage case against Dr. Koch of Blackduck, Miss Delia Johnson(sister of thei deceased Oscar Johnson)resuming | the stand. Fertile and had a brother, who had died of diphtheria prior to Oscar’s death. Some details of her testimony were not clear. Mary E. Johnson, mother of Oscar and plaintiff in the case, was the the next witness. Mrs. Johnson told of the life of her Miss Johnson, being questioned |boy and her evidence was along the by Senator Peterson, said that the doctor had examined her brother’s same line as that of Delia, especially with reference to statements made throat and assured the family that|by the doctor relative to diphtheria. Oscar wasnot suffering with diph- Mrs. Johnson stated that Dr. theria, and claimed that the doctor | Koch did not tack up the diphtheria gave what he acknowledged was \' morphine to Oscar to induce sleep, | which had no immediate effect, but later patient went to sleep, but had to be awakened, because of fear of choking. The witness testified that Dr. Koch answered Oscar, in response | to an inquiry, that he did not have | diphtheria, but said something about administering anti toxin, and accord- card until Monday afternoon. Witness said she had talked with the doctor, after the death of Oscar, and the doctor told her he knew Friday morning that Oscar had diph- theria. Cross-examined, Mrs. Johnson stated she had gone to Dr. Koch’s office because she had seen the statement in the paper and was | angry. ing to the witness, the doctor re-| fused a request from the patient to| inject anti toxin, asa for possible diphtheria. The doctor stated positively all| of Saturday that patient did not‘ have diphtheria; throat was sore| from lancing, tonsils were | swollen; witness had been present: at all of doctor’s examinatious,i except that made Saturday morning. | Oscar choked a great deal that night; | had been dressed and sat in the kitchen until about 10 o’clock, when | the doctor had sent him to bed; the | doctor had administered tablets with syringe, at noon Saturday, and stated they were strychnine, a stimu- lant. Continuing the examination, Miss Johnson asserted that from Saturday night until Sunday morning no anti toxin was administered by the doc- tor; and did not say before Monday that patient had diphtheria; at 9:30 Sunday morning, the doctor injected same thing he had used before in Oscar’s arm. Witness was positive in her own mind that the doctor had not put up the diphtheria card Sun- day morning; that morning the doc- tor administered anti toxin and stated that the patient did not have diptheria, but was giving the injec- tion to prevent that disease; also gave anti toxin to Delia and told her that Oscar did not have diphtheria. Witness stated that Oscar was conscious and rational until Sunday evening. The doctor was accom- panied by Dr. Osborn, Sunday evening. The doctor stayed all that night. The doctor had said that Oscar’s pulse was normal and that the crisis had passed and Oscar was improving. Witness told of going to bed and getting up at 6 Monday morning, when Oscar was lying on the pillows, with blood coming to his mouth; Oscar died between 7 and 7:30 that morning. Witness said her mother asked the doctor what Oscar had died of and the doctor had pronounced a long name which physicians used for diphtheria. The witness asserted that Dr. Koch did not put up the diphtheria card until Monday afternoon, after Oscar had died. The witness told of a trip to Dr. Koch’s office a few days after and | having received Mrs Johnson denied that she had said she was well pleased with preventative | Dr. Koch’s work and didn’t know |to notify Ramsey county that the| | what she would have done witbcuti | his aid. Court adjourned until this morn- | Beltrami county. ing, When court convened this morn- ing, the class in civics of the Be-| midji high school was present to note how a trial was conducted. The Koch case was again taken| up, and Dr. Koch was called to the | stand for further cross-examination. The doctor was on the stand | about twoand a half hours, and was ;given a searching examination as to shipments of anti| toxin, and also as to the events diagnosing the case at its start and not giving proper medicines in the earlier stages, There was some apparent dis- crepency between the statements as to dates of shipping and receiving the anti toxin, according to the testi- mony given by the doctor and the replies as brought out by the cross- examination. In this forenoon’s examination ministered anti toxin four times: at time injections were made. doctor said he had maintained that the young man came tohis death through heart failure. There was again some tangling up as to dates when disease of diphtheria first appeared and when so reported by the doctor to Health. In reply to questions, the witness stated that he had noticed an im- provement after the third dose of anti toxin had been administered. In answer to direct examination by his counsel, Mr. McDonald, Dr. Koch said that he had first be- lieved the symptoms of Oscar’s ill- ness were diphtheria when he made out the card sent to the State Board of health; that he gave other stimu- lants after he consulted with Dr. Osborn. during the illness of Oscar Johnson | |and thereafter, connected with the | death of Oscar, it,_fvidently being | the intention of the counsel for the| plaintiff to prove, if possible, that| there had been neglect in properly | ADJOURNED YESTERDAY Wil Meet Again un May 25th to Con- sider Bids on $195,000 Re- funding Bonds. After a short session, the board of county commissioners adjourned, yesterday afternoon, to meet May 25, when they will receive bids for the sale of the $195,00 0 refund- ing bonds to take up the out- standing indebtedness of the county. The board adopted a resolution appointing George Ericson of | Spooner and E. E. McDonald of this city to take charge of the defense of the case of John Thoreen vs. thef Board of County Commissioners and the prosecution of the case of Beltrami county vs. Clearwater county. The minutes and reports of the proceedings of the auditing board were examined and approved. The county auditor was instructed | to make a division of the money| of District No. 17, giving to the| newly-formed district, No. 29, its proportionate share of the funds of the treasury of District No. 17. A bill to reimburse Ramsey county for its expense in committing And- rew Maach to the insane asylum was | presented and the auditor instructed bill had been rejected for the reason | that Maach was not a resident Of | pel that village'to care for Mrs, Robinson who was formerly a county charge, the members of the board claiming that Mrs. Robinson’s last residence was Turtle River. Several applications for janitor of the court house were read and the letting of this job was laid on the table until May 25. g The county auditor was instructed to advertise for bids for the repairing of the court house fence, bids to be opened May 25. Big Elk Meeting Tonight. The regular meeting of the Be- midjilodge, No. 1052, B. P. O. E., to be held this evening, will be of more than ordinary interest. In connection with the regular| business to be transacted, there will | be initation and a social session. There will be vaudevileanda “feed;” | and the occasion will be an enjoy- able one. All members of the lodge urged to be present and visiting brothers are welcome. —F. 8. Lycan, E. R. The county attorney wasinstructed Local news on last page. FROM BEING DROWNED Frank Hickersun Attempted to Cross River on Ice.—Broke Through Into Water. Frank Hickerson, a night watch- man at the power house of the Bel- trami Electric Light & Power com- pany on the Mississippi river five miles east of Bemidji, had a narrow escape from drowning this morning. Hickerson was walking up the bank of the river abouta mile from the dam, when he started to cross on the ice to the other side. The ice was in a very unsafe condition, and when Hickerson reached the middle of the river the ice gave way beneath him and it was only by clinging to the ice with a stick, which he had been carrying, that he was able to keep from being swept down the iriver. Hickerson shouted again and again, and as the wind happened to | be blowing towards her farmhouse a halfa mile away, Mrs. Albert Brewer beard the cries. Mrs. Brewer ran a | half-mile to the dam and secured men, returning to the the river just {in time to save Hickerson, who had | frozen and unable to speak. He f was taken to the power house and | wrapped in blankets. that he will recover. Itis thougbt! “The territory around Moose creek is being rapidly settled with that section de- veloped into one of the most pro- gressive agricultural and dairying districts of Beltrami county,” says J. R. Kolar, who has a fine home- stead near the mouth of Moose creek, where that stream flows into the northeast end of upper Red Lake. Mr. Kolar was in the city yester- day, after an arduous trip to the county seat that would make the average “city man” quit and return back over the trail. In company with Nelson Cole, | another farmer of the Moose creek | district, Mr. Kolar walked around the shore of upper Red Lake, cross- ing the Tamarack river at Lyons’ place and continued on to Shotley, from the latter place taking up the “trail” to Foy.thence to Battle River, will soon have are | been in the water for three hours. | Blackduck river and completing the The adventuresome man was almost ] “hike” to Redby, on the south | shore of Jower Red Lake, where Mr. ;Kolar transacted some business in connection with logging accounts, | coming on to Bemidji to look after BEMIDJI | GILL BROTHERS THE POPULAR PRICED CLOTHIERS You Hard to Suit? IF SO, we have just the right va- riety of new and up-to-date clothing to meet your every demand. demands a gray suit, we have it. tan, green, aluminum, blue or black, If your taste If it is we have them in all styles and textures. We have them with all the new trim- Dr. Koch reiterated that he had ad-| Saturday afternoon, Saturday n ight, | Sunday noon and Sunday mnight, | had made out report on the spot| The | the State Board of | h H Boys You will find here | ing suits in plain and $2.50t0 $ 9. best boys’ shoes made. stock of boys’ suits and shoes in town. Red School House shoes are the Crossett Shoes Are the best to be had at $4 and $5. All leath- ave that too. Made tailors and guaranteed by Gill Bros. Suits the Iargest and best Vik= knickerbocker styles, Mora Are the best $3 shapes and colors ers In black, tan and wine Greens, olives, grays, tans, etc. mings, cuffs, flaps, etc; but if you are a quiet dresser and want a modest suit we by America’s best $12 Good We cannot tell you enough about the good points of these workmanship and quality they are the same as others ask from $3 to $5 more for. WILSON BROS. SHIRTS Fit better and wear Hats hats in town. All lon, in soft and stiff. Pat- and $1.50. MINN, Suits $10 suits. In style and ger than all others, $1 Wilson’s new a progressive set of farmers who |, Oscar’s death, and there was a con- troversy over the death and asto whether the doctor knew that Oscar had diphtheria on Friday before his death. Cross-examined by Mr. McDonald, Miss Johnson denied that she had ever stated that she did not care how this case turned out so long as she caused Dr. Koch to lose his diploma. She had taken notes of Dr. Koch’s testimony while the case was being tried. Witness said she had diphtheria in Ruth Johnson was called to the stand by the counsel for the plain- tiff. Ruth’s testimony was along the same line as that of her mother ‘and sister, telling of the illness of Oscar. and the treatment that was adminnistered, and reiterating the statements alleged to Dr. Koch— that Oscar was not afflicted with !diphthera. The witness said the doctor had injected morphine; heard him tell Oscar it was morphine. Court adjourned for noon. The Pioneer---40¢ per Month colors. Douglas Crossett Shoes $3. shoes in all leathers and | ;t;lc;;s».s : Others at from hats, $3. Stet- | 6XFORDS son and others, | Black, red, tan, greem $1 to $5. 50 | terson and Mal= lory rain-proof GILL BROS. Next Door to First National Bank lisle hosiery in the new solid colors at 25¢c. Guar= anteed hosiery, 4 pairs $1. Neckwear to match your hose, new silks, at soc. Fancy vests in many styles. Mora Hats ~ THE BEMIDJI DAILY PIONEER/% 1' VOLUME 7. NUMBER 16. BEMIDJT, MINNESOTA, THURSDAY EVENING, MAY 5, 1909, FORTY CENTS PER MONTH ~ MUCH EVIDENCE GIVEN IN |GOUNTY GOMMISSIONERS |0 e wiver o oo 1D A ARROW ESEAPE | MOOSE CREEK ‘COMMUNE’ BEING RAPIDLY SETTLED J. R. Kolar, Progressive Farmer and Homesteader, Tells of Needs of Upper Red Lake Settlers.—Difficult Get- ting Means of Communication. some matters at the county seat. The trip from Moose creek on to Redby represented a continuous walk of close to 40 miles, and Mr. Kolar states that he and his com- panion “hoofed” the entire distance in one day, starting very early in the morning and arrived at Redby late that night. Mr. Kolar states that a number of homesteaders who made filings at the Cass Lake land office on lands in the Moose creek country are al- J. R. KOLAR, Progressive Homesteader and Farmer of Moose Creek. ready on their claims and are busily engaged in building their homes and preparing for the summer’s work. Thereare many Bohemian settlers in the Moose creek country, several of whom came from Illinois, being first-class farmers, and of a thrifty disposition—just the kind of people needed to develop a new country and hew out homesin the timber country. One of the conditions which is something of a drawback is the diffi- culty experienced in getting intoand out of the Moose creek settlement A bridge is needed across the Tamarack river,so that those desiring to go towards Kelliher can do so, without the necessity of using a ferry and paying toll. A possible relief is in prospect, through the rumored extension of the Kelliher branch of the Minnesota & Inter- national Railway northward, a few miles east of the eastern end of upper Red Lake. from Kelliher to Spooner and Baudette. This road would give a splendid outlet for the settlers and farmers all along the country intervening. At this sea- son of the year a trip from the Moose creek country necessitates an arduous trip afoot, for the most part; but later in the season the M., R. L. & M. railway operates a boat from Redby to Shotley, with occasional trips to Moose creek, but the expense attached to the latter journey is rather high. Mr. Kolar predicts a great future for this community, along agricul- tural lines. Miracie Pressed Stone Co. Manufacturers of Concrete Machinery April 29th, 1908. L. K. Thompson, Esq., President, Northwestern National Life Insurance Minneapolis, Minn. Dear Sir— 1 believe that the Northwestern National Life Insurance company is an absolutely safe and substantial concern. I believe that it is officered by compe- tent men, whose integrity is absolutely unquestioned. I believe that the larger percentage of the money paid out for life insurance in the Northwest should be kept in this sec- tion of the country. 1 believe in patronizing home industry at all times. These are some of the reasons why 1 took out a $10,000 policy with you. Yours very truly, 0. U. MIRICLE. Lawrence J. Anderson, GENERAL AGENT, BEMIDJI, MINNESOTA. Office with Markham-Bailey Co. Company, MARKHAM HOTEL BLOCK.