Bemidji Daily Pioneer Newspaper, May 18, 1909, Page 1

MINNESOTA ' HISTORICAL | SOGIETY. FORTY CENTS PER MONTH VOLUME 7. NUMBER 26. BEMIDJI, MINNESOTA, TUESDAY EVENING, MAY 18, 1909. JURY IN THE DAMAGE SUIT FINDS FOR THE DEFENDANT Case Was Closed at 6:10 Last Evening, and Jury Was Out Sixteen Hours.—Friends of Dr. Koch Are Jubilant Over the Result of the Trial. THE V. State of Minnesota, } County of Beltrami Plaintiff ERDICT. District Court, Fifteenth Judicial District, Mary A. Johnson, as Administratrix } vs. John C. Koch, Defendant We, the jury impaneled and sworn in the above-entitled action, find for the defendant. Dated this 18th day of May, 1909. (Signed) J. M. PARKINS, Foreman. After being out for practically sixteen hours, the jury in the $5,000 damage case instituted by Mrs. Mary Johnson against Dr. John C. Koch of Blackduck (charging malpractice in treating the son of the plaintiff, who died from diphtheria) at 10:30 this of the defendant. afternoon returned a verdict in favor The case was given to the jury at 6:10 last evening, and the jury ‘members wrestled with the intricat given practically most of the night. e medical testimony which had been | * At a few minutes after 10 o'clock this afternoon the jury entered the court room and requested additional information as to what constituted malpractice, and on being told by the court that, in plain words, malprac- tice meant bad practice, they retired. After five minutes deliberation they reported a verdict in favor of the defendant, Dr. Koch. doctor shouldn’t receive payment, but they should not claim that he was attentive to every detail as he ought to have been. . We admit he spent .enough time there but he did not give the proper care.” Senator Peterson hotly arraigned Dr. Koch for not taking a smear and examining it. =~ Continuing, he said: “He could have discovered whether it was diphtheria on Friday and administered antitoxin and saved the boy’s life. But he didn’t. He came there again and again and was criminally negligent, seeing the boy going down, down, down to the grave, which he reached Monday morning.” He told of the blood- count method of determining the presence of diphteria and of Oscar’s symptoms which should have warned the doctor. ‘The speaker took the article in the Blackduck American and asked the jury-what they were going to do about it. He read the article and the doctor’s report of the case to the state board of health, pointing out the mistakes and ridiculing the excuses set up by the defense. “Gentlemen,” said the senator, there is some vague insinuation that the editor in his paper or the ‘devil’ in his office made some mis- take in this statement and is in some way to blame. It has Dr. Koch’s signature. Counsel did not dareto ask Editor Oberg when he was on SCHNEIDER BROS. LEASE uEw BLOCK FOR STORE Wit Hemddol and Renovate the Mclver Block, Now Occupied by O’Leary & Bpwser. The clonmg out of the big dry goods stock owned by the firm of O’Leary & Bowser and theirydecision to individually go out of business as a firm after July 1, has occasioned several changes in the local com- mercial field, the most important of which is the move of Schneider Bros., the local clothing firm, who have leased the McIver block, now occu- pied by O’Leary & Bowser, for a five-year term. It is expected that the O’Leary & Bowser stock will have all been re- moved from the McIver block by August 1, at which time Schneider Bros. will move from their present location and* occupy thirty-two feet of the fifty feet of floor space in the McIver blogk, with their large ,( lothing, bats, shoes, ngs, etc., etc. .'Schneider:Bros. will entirely re- model the front of the McIver block, finishing the ¥ame in the very latest, up-to-date lgner, lending solidity n; of appearai and beauty to the strictly up-to-the-minute and are ew and very acceptable. They are being given much applause. Notice for Bids on Court House Fence. Notice is hereby given that the session of the board of county commissioners of Beltrami county to be held at 10 o'clock a. m., May 25th, 1909, the said board will recieve bids for the repair o the court house fence, The board reserves the right to reject 2ny and all bids and bidders will be required to give good and sufficient bond. By order of board. Dated at Bemidji, Minn., May 10, 1909, —John Wilmann, Auditor, Beltrami County. SENATOR PETERSON PAYS BEMIDJI A COMPLIMENT Says We Have Progressive, Go-Ahead City that Is Bound to Lead Others in This Section. State Senator Peterson, who has been in Bemidji for some two weeks past, acting as counsel for Mrs. Mary Johnson in her suit for dam- ages against Dr. Koch of Blackduck, | Herald of Duluth, from Cass Lake, The following telegram, which appeared in the Duluth Evening will be read with interest by those engaged in the saloon businese in this part of the state; this is especially true of towns in the north half of the state which are situated near Indian reservations, which include Bemidji: “Cass Lake, Minn., May 14.—Con- siderable excitement has been caused in this part of the state since rumors have been afloat that all saloons would be closed, resulting from sell- ing liquor to Indians. “Fred Seelman arrived here today from Washington, D. C.,and at once called a meeting of saloon keepers. He came to the point saying ‘you will either have to cut out the In- dians or the saloons. No liquor given in any form to Indlans will be mlerated 4 “The saloon keepers all signed resolutions to that effect and stoutly maintained they will not sell to In- dians. “The village council will act LOCAL SALOONKEEPERS WILL PROBABLY ASSIST Determination of the interior Department to Suppress Sale of Liquor to Indians Is Creating Much Interest.— No Complaints in Bemidiji. to those held at Cess Lake and Walker will be called here in the very near future and the same de- mand made by the representative of the interior department. Where the government could “hit’’ local saloonkeepers is in a refusal to issue government license to retailers of “refreshments.” The department is now ruling that it makes no difference concern- ing the decision of the supreme court, to the effect that an Indian who is a citizen has a right to quench his thirst with any old liquid purchased in a saloon or any other place. “No ‘booze’ must be sold to any Indians,” is the orders from the “‘powers that be” at the national capital. There has never been any trouble in Bemidji over the alleged sale of liquor to Indians; but, as the gov- ernment (as represeited by the in- terior department) is making no ex- This case was commenced on the afternoon of May 4th and has been | the stand block. The fnterior will also be re- | departed this morning for Ada, in harmony with the interior depart- : i P A g 5 A ception as to cities within the zones stubbornly contested by Attorneys Peterson and McDonald every day,| “Another thing. The defendant novated, repginted and repapered; | where he has a very important case, ;:er:t. It l;as belfn‘ strong:y hmtt;d of the réservations local™ dealessia % £ 3 . . . s : at several smal owns along € 3 except Sunday, since then. comes to us and states that he|2nd the firm Sl furnish their store inyolving big money consideration, line will be ridded of saloons. It is| wet goods” will assist in the en- Senator Peterson, attorney for plaintiff—"I desire to say that the Daily Pioneer surprised me by the full and complete reports of the trial. The reports were absolutely fair and impartial.” E. E. McDonald, attorney for Dr. did as requested, waiting until they got outside, when Dr. Osborn told the defendant to ‘crack it to him.’ Then Dr. Koch gave only 3,000 units.” Senator Peterson went on to tell of the established facts: Oscar had died at 7 o’clock Monday morning quarantined the place Sunday morn- ing, that he lied to the newspaper and that he lied to the state board of health. He didn’t say anything to the family about diphtheria until after Oscar died Monday morning. If 2 man will lie about one thing in the case, won’t he lie about anything else before you?” room with fixtures, shelving, count- ers, etc., that the market affords for their clothing €mporium. Schnq er Bros. are already pre- preparing for the fall season in the clothing bnsinéss, and have ordered laige stocks of seasonable hats, shoes, clothing g’nd furnishings. This firm i one of the most solid and which was to have been brought up for trial in the Norman county district court today. Last evening, in talking of the Koch trial, the Senator said: “As attorney for the plaintiff in the Koch trial, I want to thank the Pioneer for its eminent fairness in handling the trialin the columns of feared Bena and Ballclub are among them.” It is likely that a meeting similar forcement of the ruling of that de partment relative to the “red brother.” “Fixing Up”at Grand Forks Bay. A party of Grand Forks, N. D., people who spend their summer vacations at Grand Forks Bay, on would occupy the Kennedy cottage during June and July. K. P. Meeting Tonight. ——— Koch—"I want to thank the Pio-|of paralysis of the heart superin- ASenamrAPe(ersoP continued in|0f Bemidjt sd Substantial fb;s;ness your Daily. You certainly covered |the western shore of Lake Bemidji. neer for its fairness and impartiality | duced by. the toxones of laryngeal |DiS scorchmgv arraignment of Dr. :;onc;rns, a‘n | the success ol CANEL | the ground very thorughly, ‘and the|just above “Diamond’ Point,” spent in reports of the Koch trial; and|diphtheria. He read the reports of Koch and his, methods-of-treat- l::tte:os(;fa ;r.\ti::g:‘e)s::;/e ;:e:s; reforts were decidedly fair and im-|cevera] days here, arranging their you are to be congratulated on the| Dr. Koch to the state board of ment, including Mr. S'ulhvau, the it » Beap partial, showing no favoritism to| ottages for the season. In the most excellent ‘accounts which you | health and told the discovery of the “"glr?;yhf‘ called “Koch’s man, 3’8 e“k;rhof the litilgants.. - tarty, wete 1. tollowiogs A | i of the trial.” cause of diphtheria, the discovery of 1cay. A < ave greatly enjoyed my stay | Bryce, dean of the law school of the| Regular meeting Bemidji Lodge, S i printed of the trial.” . remedy?and e o rhat “Why, gentlemen, counsel has| Good Atiractions at Ilfe Brmkman.. in Bemidji, despite the fact that I Uni‘;fi;y o;’};o"h s ;s - C“tale o ]Maso:;; In opening the arguments for the |[ihe defense’s star witness, Dr. said that it thfs article had not{ The Brinkman F.amlly Theater |.s was very busy all the time I was Reutedy, - dedin. of the' toadhors’ i .k ;l : 5 plaintiff yesterday afternoon in the Lankester, gave perhaps one of the been _primed in the Blackduck | offering a .splendld 'pragram this | here. You have a fine, progressive, collose . of. the’ sare inpRikLD: ock, tl .lS evening. Johnson-Koch trial in the district|fnest disertations on diphtheria ever American this case -would not | week, varying conslderanyA from | go.ahead city, which has every pros- Judge C. F. Templeton, and C. M. Work in the first rank. court, Senater Peterson told the jury | given in a court room in comparing |}3Ve been brought into court.|that of last week, and evidently | pect of becoming the leading city of | Cooley, a local attorney at Grand | All members areurged to be pres- that he was very sorry that this case | ¢pe disease to three armies of invas.|BUut let us see tf we haven’t|pleasing the many patrons of the | your part of the state. I shall come| po /e Judge Templeton went to|ent> and visiting brothers are invited S S took up so much time at this season|jon at the heads of which were grounds for complaint. Do you|theater, judging from the crowds|again, during the summer, and shall Grand, Rapids® sestardus orisa bisi: | toatténd. of the year and that he had found it| Generals Toxoid, Toxone and think if you had been in the|thatareattending every performance. |bring Mrs. Peterson with me,-and I ness miselon, while the remuinder. of —D. D. Miller, C. C. to be one of the hardestfought Toyine, mother’s place and fouud such a| The Italian street singers and|anticipate much pleasure in taking the party ret’urned to Grand Forks, battles he was ever in.“ The senator continued: “And the |Statement published just after the fnusicians are giving some e.spec- an..oufing here. Professor Keunedy stated to the| Wanted, work by the day or hour. Senator Peterson—"It Was Per"|old gentleman on the stand said |d°ath of a son, you would; fiot 13,‘11v fnejmaslc, jand ' ate making 3 You have every reason to be|pioneer before: leaving that Prof.|Phone 361 or call at 1016 America fectly proper for me to tell you at| hat you have to give enough anti- have shown feeling? Why, I|hit. proud of your city.” Ladd of the U. N. D. and his family avenue. N the beginning of this trial about Dr.| tovin to overcome the toxoid, to Barry and Barry are a clever ey Koch being insured in an indemnity | gyercome the toxineand to overcome [Continued on Last Page.] comedy team, whose refined acts are Local news on last page. s 5 company. It was perfectly com-|the toxone. It was the toxones & MAYDR POGUE SELLS BONEYARD petent for the jurors to know who|iha¢ caused the cardiac paralysis ooy oAb e ool ol | T0 “JACK” TORKELSON OF BAGLEY “Another matter. This is not a|that Dr. Koch was responsible for R war against physicians in general.| not administering enough antitoxin ® The law does not intend to hinder| jn(o the system.” Mayor J. P. Pogue was at Bagley, | quence. young men from entering the heal| (Counsel for the plaintiff cited recently, and in talking with John| Pogue returned to' Bemidji, and ing profession. Cases of malprac-|several cases where the medical Torkelson, the Bagley “horseman,” | rigging up a harness, sewed together tice have been as old as the English | guthorities advise high doses of conversation drifted to the prices|with hay wire, took two days driving jurisprudence, from which our 1aws| ,ntitoxin and stated that Oscar was which prevailed for equines. the team to the station, where he decended. In the old days the injured man’s relatives used to avenge his wrongs and they had their cities of refuge. “So, instead of the state allow- ing the father or next of kin to wreak vengeance upon the defend- a large, healthy boy who could have stood any amount of antitoxin that might be administered. “Now, it is claimed by Dr. Marcum that you musn’t give any more medicine than 1s absolutely 3 Special Shoe Bargains “Tell you what I’ll do,” quoth Be- midji’s mayor, “I’ll sell you a team of horses, with a harness on them— real, live team, too, unsighteen and unseen, for $25, and what’s more, T’ll bet you $5 you dassen’t buy loaded the animals in a car by them- selves and shipped them to Torkel- son, at Bagley. There was crepe on the bridles, and the outfit was other- wise decorated, tagged with a card to Torkelson, with the mayor’s com- necessary, But this is not the ‘em.” pliments. ant in this case, the law steps in|case with that scourge of diseases, Torkelson has the reputation of| Andnow, John Torkelson of Bag- and provides a court in which |diphtheria—an infectious disease. being a “dead game sport,” and he[ley has “some boneyard,” and damages can be secured. The body of men, to which the defend- ant belongs, owes a duty to purge themselves of such men or the state must step in and purge it for them. ‘This is the criterion on which I ask you to judge whether we are entitled to damages in this case. “Counsel,” said the senator, “has said that the question is whether the defendant gave improper treat- ment to Oscar Johuson and whether that improper treatment was the cause of death, Rather should we have said the proposition to consider is what the doctor failed to do. “Counsel contends that we should have put a Dr. ‘Smith’ on the stand When that old man, Dr. Lank- ester, comes before you and says he agrees with Dr. Osler, Dr, Mc- Cullum and other high medical au- thorities and yet that he won’t give more than 3,000 units of anti- toxin, he is foolish.” - Counsel went on to tell that Dr, Koch had come before the jury claiming that he had made a mis- take in the diagnosis, and de- clared that it was a pitiable case, that the poor boy knew better than his doctor. The boy had asked if it was diphtheria and what would happen if diphtheria attacked him with his throat in that condition, but the doector had and Tans.... All Children’s $2.00 Oxford Ties, Patent This Waek- All Misses’ $2.50- Oxford Ties, Patent $l 79 never blinked when the mayor at- tempted to bluff him; and pulling out a $5 bill, said, “send on your team.” And the mayor did send the team—and there is something com- ing to him in Bagley, in conse- marvels at the angelic countenance of Bemidji’s mayor when involved in « a “hoss trade.” (The Pioneer herewith reproduces a composite photograph of the team and harness which is now owned by John Torkelson of Bagiey.) and asked him whether Oscar died from the lack of antitoxin. Only the Almighty knows the positive cause of his death. “This double responsibility should be discarded. Dr. Osborn wasn’t called Thursday evening, Friday, Saturday and Sunday evening to | treat the case. Dr. Koch had told T him not to say anything as to diphtheria in the sick room and he felt insulted and left the room. The senator showed the doctor’s calling list of patients to the jury, pointing out where the items were marked for Oscar Johnson, “all night, $20,” down a little further, “all night, $20,” and so on, ckarging for every visit. “Who wouldn’t be attentive when charging like that? I don’t mean to say that the $1.29 and Tans, a pair........ O’Leary & Bowser Team-of "bones”, lny'-wire harness and good will purchased from Mayor J. P. Pogue by one John Torkelson of Bagley.