falo; lived near Fort Erie in Canada, in 1862; am acquainted with defendant; in 1862 he was a physician and surgeon at Fort Erie; I called him in fall of 1862 to see my wife who had fallen and hurt her wrist; she was in her chamber and called me, and I went up stairs; she was sitting on the bed; she had been up stairs half an hour; when she went up she was not hurt, but when I went up I found her wrist hurt; I then went after Mrs. Forsyth, and then after defendant, and he came back with me; we returned within an hour; I went in room with defendant and he fixed her arm as soon as he could; have most forgotten what he did; can't remember; he put on splint on arm reaching from fingers to elbow and a bandage on it before he put splints on; I held her wrist and he pulled it and rolled it and then put on splints, and I can't tell what; the hand lay on the splint flat and straight and was so fastened and bandaged; Mrs. Forsyth and defendant were there; I believe he called it a dislocation; he told her to carry it in a sling; can't tell how or if anything was said as to how hand should be carried; he ordered sling for Mrs. Ostram and she had it; he came again on Sunday, (next day;) can't tell what he did; I had no help when he was there on Sunday; he made his last visit in February; before this accident my wife's health was good; she was doing her own work; she was about 0 [64] years old; it was the left arm that was injured; I moved from Canada in March, 1863; in February, 1863, had Dr. Learned and Dr. Elliott examine injury, and afterwards the two Drs. Dayton and Lothrop, in June, 1863; her hand was in bad condition, was weak, and she was unable to use it; has been weak ever since, and she has not been able to do work as before; she has worked with her right hand.

Cross-examined.-The Doctor put splints on both sides of arm; the one on top of arm short, and the one underneath reaching to hand; before he did anything he examined to see what the matter was; I held the wrist to help him draw it into its natural place; he then bandaged it; think he did not bandage hand before he put splints on; he bandaged wrist before he put splints on; I think he put splints on before bandage; think he said wrist was dislocated; he told her she could lay her arm on her lap; don't remember any pillow being used.

SARAH FORSYTH sworn for plaintiff, testified: I live in Fort Erie and have lived there twenty-four years; was present when defendant was called and arm was dressed; he came, examined arm and proceeded to bandage it; he then put long splint on under side of arm supporting hand and then put a roll on to elbow; he did not give any opinion as to injury; hand was placed on a straight splint and bandaged; he ordered warm water to be used to wet arm, and to carry it in a sling, to be placed so the hand would pass through the sling; I remained until he went away; the wrist was much swollen on both sides at the time.

Cross-examined.—I was called about nine o'clock in evening and found Mrs. Ostram in bed up stairs; she seemed to be suffering; did nothing to relieve her until the defendant came there; was present all the time he was there; did not hear him say what injury was; when I got there I thought Mrs. Ostram was under the influence of liquor; my opinion is she was accustomed to be so; I then was her nearest neighbor; saw her frequently; I saw her when I thought her under influence of liquor; can't say that I saw her drink liquor; can't say plaintiff was under influence of liquor at the time; I don't recollect the defendant expressed an opinion as to how long this injury would last.

Re-direct examination.—I have seen Mrs. Ostram four or five times under the influence of liquor; I was at plaintiff's when defendant dressed wrist on first and second times.

MARY OSTRAM sworn for plaintiff, testified: I went home Sunday morning; when defendant came he undid arm and did it up; he said there would be no change in so short a time; asked him how long before she could use her arm; he said in four to six weeks; asked what it was; he said it was out of joint; did not loosen splints when he undid arm; he told me to loosen bandage when I bathed arm; she was to carry her arm as would make her most comfortable; don't remember as anything was said about a sling; he came again on Tuesday, loosened upper bandage and bathed with tepid water; arm and fingers were swollen; I stayed two weeks, and during that time he was called away; I took care of my mother while I was there; followed defendant's directions; when I left my sister, Mrs. Rice, and my cousin, Fanny Butler, took my place; saw no difference the two weeks I was there; it was

two or three weeks before I saw it again; was no better then; saw her again almost three weeks after; 1 was present on another occasion when splints were taken off; this was on my third visit; the hand was swollen and stiff; was black and blue on inside back to the wrist; she had no power to move her fingers; saw her try to move them; defendant tried, but did not, as mother stopped him; he said it had not got along as well as he had expected in first place; said she would have use of her hand in six months; the wrist was swollen, but think you could see the joint; he directed to bathe it with liquor and liniment; after splints were removed mother carried her arm in a sling; she did before part of the time end defendant found no fault with it; when splint was removed he gave no reason why arm did not recover; I helped father and mother move and get settled, and then went down occasionally and baked and helped what I could; my sister died a year ago last November; mother first got use of her fingers three or four weeks ago; up to that time had no power over them; it was ten months or a year after injury before she could bring thumb and finger together, but had no strength; she can now clasp her hand, but hold no weight; can hold fork, but not with pressure; before injury she was a great hand to work; she does not sew now; can't say if she knits; have not seen her do it.

Cross-examined.—I went to father's in forenoon and defendant came soon after me; told me to loosen upper bandage; he did not tell me to loosen lower bandage nor to touch it; after his second or third visit he was called away; can't tell how long he was gone; he told me before he went to loosen upper bandage; did not want lower one disturbed; the arm stayed about as it was while he was away; I did not loosen lower bandage; mother set up during this time; she walked around; did not attempt any work; I stayed first time two weeks, then went away three weeks, then came and stayed a week, then went away and stayed two or three weeks; dressing not taken off but once while I was there as much as a week; Miss Bryan was there two or three weeks to do house-work; then Sarah Roth came and stayed awhile; she left day before father moved to Buffalo.

LEWIS P. DAYTON, sworn for plaintiff, testified: Have been a physician in Buffalo 20 years; have seen injury on Mrs. Ostram's

arm; I saw it two years ago in spring; she lives in Black Rock; have examined it lately; there is a change in the hand since I first saw it; hand has become more limber. From my examination, I think there was a fracture of the lower end of radius-oblique fracture; from the outside oblique to inner side of bone; probably more or less injury to ligaments of joint. I think a surgeon could tell what the matter was; possibly he might be mistaken; the swelling might deceive him; a dislocation of the wrist joint would be an extraordinary occurrence; I should treat dislocation by extending ligaments and reducing; when reduced should bandage; might splint, or not; should keep arm in line; if fractured, should reduce and place on a curved splint, curving the hand to the ulna side; I should adapt dressing to circumstances, looking at well arm; with bandages to hold splints in place; should tell patient to place arm in sling, having weight rest not on hand but on arm.

Good surgeons dress arms on straight splints; I prefer dressing on crooked splints; my objection to straight splint is, there is more danger of shortening radius and throwing out the ulna; no other objection; any displacement of bones will weaken bones, though we have cases where broken bones are as strong as ever; I do not think the bones in Mrs. Ostram's arm in the right place; there is, at any rate, a prominence of the ulna; the hand is not perfect; there is a stiffness of fingers produced by injury; there are cases of this sort that have been adjusted where there is no such results; have treated cases of fracture of radius—four or five cases; I don't know that any of them show this condition; in my cases they recovered power of hand in from a few months to years; to keep power in hands I have recommended friction and motion; I have seen cases where motion was very little on removal of splints; never saw perfect anchylosis, but very near; I had one case-patient 71 years old-when I took splints off she could move fingers a little; slight prominence of ulna; she got use of hand after two years; improvement was gradual; don't remember ever seeing case like this one; this arm has not been restored to its perfect condition; I think defendant did not accomplish what he intended; did not obtain expected results; I would not dress hand on straight splint; should use curved splint-to succeed best I could; don't think straight splint as good as curved; if hand

was carved on splint it might answer same ends; I have always used curved splint, and have no experience with the straight splint.

Cross-examined—I have treated four or five cases of fracture in all; have used curved splint; I have not obtained as good results as expected; two occurred with old persons; did not recover as soon as I expected; in both cases anchylosis was great in wrist and hand, and of long continuance; in one case two years after there was a good deal of anchylosis of the whole hand; in the other case it did not continue so long-say 18 months to two years, and I do not think it perfect yet; the lady is about 52 years old; it was Mrs. Gordon, at Black Rock; I do not think this attributable to mal-practice; she uses the hand about her work; this injury occurred thirteen years ago; she also had a fracture of the shaft of the radial bone; have seen no cases in charge of other physicians; in a fracture of this kind there would be displacement in some de gree; it would produce inflammation in a case of this kind; I do not consider this wrist as evincing bad practice on the part of the attending physician.

Re-direct examination-When there is displacement it takes longer to recover.

NANCY PURRINGTON sworn for plaintiff: Have known Mrs. Ostram eight or nine years; visited her during that time; saw her first after injury after she had moved from Canada; she was healthy and a hard-working woman; have visited her at Black Rock; her daughter, Mrs. Riel, got tea for us; she had no use of her left hand; have never seen her when she had drank too much.

Cross-examined—I am related to her by marriage on husband's side; my acquaintance was more with children than old lady.

MARY OSTRAM, recalled by plaintiff: Never saw mother under influence of liquor.

Plaintiff here rested her case.

Defendant's counsel then moved the court for a non-suit, on the ground that the plaintiff had failed to make out a cause of action; 2. That there was no evidence of mal or other improper practice on part of defendant shown.

The court denied the motion, and defendant's counsel excepted. SANDFORD EASTMAN, Sworn on behalf of defendant, testified: I reside in Buffalo; am a physician and surgeon in practice, and have VOL. 5, NOS. 8 & 9-49.