Affidavit, 20 October 1843–E [Dana v. Brink]

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Document Transcript

Circuit Court Oct. term AD 1843
I , the defendant in the above entitled cause, of the County of and State of of lawful age being duly sworn do depose and say that there are two individuals <​to wit Catharine Wilkey and Matilda Stafford​> that are material witnesses for in this cause without whose testimony <​​> I cannot safely proceed to the trial thereof that said witnesses reside at in the County of that or about the first of October AD 1843. this <​by the order of the of the Court​> sent to the place of residence of the said witnesses for the purpose of having them served with a subpena in this cause, but one of said witnesses Mrs. Catharine Wilkey <​as appears by return of said Subpena could not be foun[d] in said ​> was <​being​> absent on a visit to , whither she had gone some time in May last and from whence she is not expected to return untill some time after the expiration of the present term of this Court as this is informed and verily believes to be true— that hopes and expects to procure the attendance of the said Catharine Wilkey at the next term of this Court— by which witness expect to show the state of health of the of said at the time was called to render medical service to said and for a long time previous and subsequent to his attendance as Physican on said — that said witness Catharine Wilkey was intimately acquainted with s and visited [p. [1]] her daily during her sickness and subsequent confinement at the time of which sickness and confinement the in this suit complains of the maltreatment of to his said that by said witness expects further to prove that for some time previous and at the time of the confinement of said s she the said was afflicted with and laboring under disease other than that for which was called to prescribe. to wit. the diseas and Fever the consequen[c]e of which was to produce premature birth— that said s was a few days previous to her confinement badly frightened <​by the blowing up of a man in a well nearby​> and expressed to said witness before confinement fears from the result of said fright in her then delicate state of health— that soon after the confinement of said s she did expose herself in an unusual and improper manner <​by going outdores in unpleasant and stormy weather with five or six days after the birth of child​> That by said witness expects to prove that said s <​​> took other medicens (during his attendance on her as Physicin) besides those prescribed by and that the medicines prescribed by were not take[n] by said s in the manner made and quantity as by him directed but were taken in larger doses and at shorter intervals than was order by — and this further state that he Knows of no other witness by whom he can prove these facts [p. [2]] and this further states that the other witness whom he deems material in the trial of this cause Mrs <​Matilda​> Stafford without whose testimony cannot safely proceed to trial who lives at and has been subponed in this cause but is unable to attend this Court forms <​becaus​> <​of​> sickness having been for several weeks last past confined to her bed by Fever and is soon confined by which last named witness expects to prove that on the day previous <​of the accouchment​> to the child Birth delivery of said s of child (in the absence of ) a mid female acchusan [accoucheuse] was one Mrs Scessions [Patty Bartlett Sessions] was called to attend on that she do so attend and did in an improper unusual and highly improper manner treat the said among other things in this, by forcibly pretruding the hand into the <​mouth of the uterous​> osuterus several inches for the purpose of changing <​ascertaining the presentation​> the <​and​> position of the faetus to prove that the health of the of Said s was to all appearances better after her <​said​> confine[me]nt for the space of three or four months than [illegible] the it ever has <​had​> been before for the same space of time after any previous confinement <​since witness knew <​within in which time​> has had several confinements​>— that s soon after <​said confinement​> and up to the <​at several​> time<​s​> of <​before the​> commencing this suit did admit <​and state to the sd. witness​> that her health was better than it ever had been before for the same length of time after any previous birth accouchment <​of ​> <​which have been four or five in number <​and at said sometimes that done well under treatment & was subje[ct] to little or no pain and suff[er]ing by treatment​>​> and this further states that he knows of no other witness by whom he can prove said facts and that this affidavit is not made for delay but that [p. [3]] substantial justice may be done
Subscribed and sworn to before me this 18th <​20th​> day Oct. 1843
By Depy
Filed Oct. 20th. 1843
Costs made out on Continunce [p. [4]]


  1. new scribe logo

    Signature of William Brink.  

  2. new scribe logo

    Insertion in unidentified handwriting.  

  3. new scribe logo

    Signature in handwriting of David E. Head.  

  4. new scribe logo

    Docket and notation in handwriting of Jacob B. Backenstos.  

  5. new scribe logo

    Notation in unidentified handwriting.