Journal, December 1842–June 1844; Book 1, 21 December 1842–10 March 1843

  • Source Note
  • Historical Introduction
Page [225]
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to seell [sell] all the Lands  in Henderson County deeded  to me by .—
walked out

Editorial Note
The following two journal entries—for 2 and 3 March 1843—deal almost exclusively with a medical malpractice suit that was tried in the mayor’s court, over which JS presided. The case grew out of events that occurred on 22–24 October 1842 involving the plaintiff’s pregnant wife, , and the defendant, Dr. , a Thomsonian physician. The plaintiff, , charged Dr. Brink, who had been called to treat a fever in Margaret Dana, with causing premature childbirth by misdiagnosis and unjustifiable practices that left Margaret’s health impaired. , a Thomsonian doctor himself, devoted over forty pages of the journal to recording the arguments and testimony presented in the case—probably because of his professional interest in the medical details. Richards’s notes of the trial, although disjointed at times, also illustrate how JS and his associates understood and applied the law.

2 March 1843 • Thursday

Thursday march 2d 1843  adjourned case of  vs Dr in assumpsit came up  at 10 A.M. Before the Mayor at Masons.  Hall.— side justice,   Esqr for Plaintive. claimed $99  failing to perform correctly as physic[i]an  in treatment of ’s , complaint  read. Witnesses , ,
[p. [225]]
to seell sell all the Lands in Henderson County deeded to me by .—
walked out

Editorial Note
The following two journal entries—for 2 and 3 March 1843—deal almost exclusively with a medical malpractice suit that was tried in the mayor’s court, over which JS presided. The case grew out of events that occurred on 22–24 October 1842 involving the plaintiff’s pregnant wife, , and the defendant, Dr. , a Thomsonian physician. The plaintiff, , charged Dr. Brink, who had been called to treat a fever in Margaret Dana, with causing premature childbirth by misdiagnosis and unjustifiable practices that left Margaret’s health impaired. , a Thomsonian doctor himself, devoted over forty pages of the journal to recording the arguments and testimony presented in the case—probably because of his professional interest in the medical details. Richards’s notes of the trial, although disjointed at times, also illustrate how JS and his associates understood and applied the law.

2 March 1843 • Thursday

Thursday march 2d 1843 adjourned case of vs Dr in assumpsit came up at 10 A.M. Before the Mayor at Masons. Hall.— side justice, Esqr for Plaintive. claimed $99 failing to perform correctly as physician in treatment of ’s , complaint read. Witnesses , ,
[p. [225]]
Page [225]