SINGLE Corres Two CENTs,
CHARLOTTETOWN, PRINCE EDWARD ISLAND, FRIDAY. SiPTEMBER 26, 1884.
VOL. 15.-—NO. 109,
iTS SOLIGITED. RR. ODWY+ Mi, UOMMISS!OU and Gaal Merchant
Cg EL, PRUDUGE,
CONSICRMEN
moan
FUn SALS OF P,
(289 WATER STREET,
Si. Jolins’ Newfoundland.
In connection with the above is Captain
English, who is well known in P. E, Island, , who will take special charge of all consign- |
ments
aud wilt alco attend to the chartering of vessels for the carrying trade of P. E. I. Phe firm is ove of theoldest and most reli-
sbie iu Newfeoundlaud Returns guaranteed to be prompt and Satistactory. Parties wish- ing to procure Labradore Herring should send | their orders in time Se ca ; , | Sept. 6, 1834,—till 3lst dec, ’84,
ARTHUR & CO. GHN HRAL mmission herchants, 121 ATLANTIC AVENUE,
(ROsS MARKET)
bse
‘i u
BOSTON, MASS.
Produce & Specialty.
220U wkly tf
Boss and
May 15, 1884
(Ge Wueartry & Sons, CHARLOTTETOWN,
P, E. IsLanp)
smM1an7 . me Louimission Merehant, 269 BARRINGTON STREET, HALIFAX, N. sg.) && Special attention given to the sale of P, k. Island produce, April 24, 1884.
APPLES, APPLES
is
APPLES,
79 Gueen Si, Lenden, E. C., Will be glad to correspond with Apple Grow- ers, Merchants aad Shippers, with a
view to Autuma and Spring
business.
» give the usual facilities to augl
They will als customers requiring advances,
N. J. CAMPBELL, (Successor to Campbell & Rayden) Auctioueer aud Commission Merchant, SHIP BROKER, AND ENSURARCE AGENT, COR. OF QUEEN AND WATER STS., haricttetown, P. E. Esiand.
©
Imperter and Jobber of Cheice Groceries and Spices.
General Agent for P. E. Island of the British Kmpire Mutual Life Assurance Com- pany, of London, Hogland ; ;
Special attention given to Auction Sales of Lumber, Coal, Vish, Apples and other Fruit, Real Estate, Hlouschold Furniture, Bankrupt and other Stocks, and all kinds of Merchan- dise.
Correspondence and Con*is™enta nolioited,
Repurre prempt!r me4-
SULLIVAN & MAUNRILL, valet tim, A tEhF TTGRNEYS - AT- LAW Soliciiers in Chancery, ReFARILS PUBLIC, Ke.
OF FICES— O’ Halloran’s Building, Great George Street, Charlottetown.
~
A
. wv) : ) ’ i} anf 4 Yi Vy SERLES 7. ‘ ‘ ~Y L/ iY “XAMINER ing, by ous Go . Pohlishing ( Lh UUs Ding 0s] f Water and t YD $2 i l 25 u DO r mtniy, } y aaveru SCP TEMBER, ive. Vv a. m. ‘ } 24 Om... a . ; $.4m., a. m. bays rilen’h ln hm |} id) 7 33113 9 ’ t 52 | oo i ) ; 5 6G 4 i? » 25 5 53) 9 54:12 59 Silu sl 56 | wil al: 6 ~ ade ‘ sl il 45) 4) ' 2U 8 ) 5 Sal 4.) isi & ‘7. @ ‘2 ] 17; 9 29° 1 49) 40, ; 15110 138; 2 iz! 37 | ) 191) 15) 3 52 3 i : i’ morn 5 1S) 00} $2 yy, UO 17 0 465 24 7/123 767| 2 | } 1 2 Sali & 49 Zit j ; 3| 3 3y¥l 9 34 va i ti it 4+ 46 10 13) l4 i 1s 5 5 5210 48! 11} 2 6 S711 22 4 2 } 7 59’ 36 ‘| 2 > 9 1 morn 0) 2 10 O V0 30;11 57) 2 9 10 57; 1 5S 55 | ° } (i 4) of) 3 44 o2| o6 45 aft4li 2 27 44 2; si «643! 1 27, J A 45 ? 6 0 il" | -3" 4a 42 9 | 39 248 537) 39, Bu 2} 33) 3 22, 6 5i 36! ooo Lunas th ra BATT Way TiMe Madi hb | i Ve ; : ; ; } Ho WAlbWAL Lith LADis | (Chai wn Tim 2 G = “ae ae 4 ry, M. Cha t : 647 912 i Hu: River. 747 1055 647 ie Ker y Do sautdie me bbecss §42 I¢ 22 7 05 oe j arrive 907 1257 7 37! — > } cepart...... 927 232 ’ "| Port ae 19 30 «6415 Alb 1206 6.57 EG RE aa 634 | FROM W ce ae A Tig 202 647 Alb 240° 7 &7 ee ie peekeneel 415 105d 1 oie Gy ; rrive » ee 12 07 o. oe ’ § depart > 42 2 6353 Ken Ga 607 208 730 Mubter itiver:......+-< 702 325 $47} Cha eceeeree eens 5 U2 5 07 10 07 | GCIN 2s. & MI Uhar euces 409° 7 ~riwe 592 8 37 y un / Q@Frive .cccsteecs : ' \ depart .....-.; §27 902 ot. Ps .617 1002 .& BU isk beth eee ch eeeeueee 722 1202 A. M Mount eee vk Sineeee es § 32 907; So cs beat Cee rew eevee 629 1022 NOONE, £osds es docechad ons 647 10 47) FR EA A. M. Pr Me Pl ic cemoeckearewe te 1eee 647 217 i op ee Oy 752 400 ws ia ve § 42 a 17 . den 47 6542 Char! 962. 7 27) IN, san ccue. sce Usaenie 727 332 Te cccenccessdneunkenae 745 357 Sues eeWart, ..... .cscccss sees 842 512 heel ane | \ lnnnaszethl Trust th | ld, Successful, Trustworthy, ~— c+ = RELY MUTUAL, | PURELY MU | | ’ 1,1 ’ “~? ‘7 ( te raninane fiy) nds Annual ud DUAUUIULL ds ULYitcl ) | a = + 4 ' OR IZED i845. | me | JEW YORK if « +s :_™ m i | Lj ;. HOD NOE Gi} ff Ls Lit og 48 we ' ay ‘ o er “¢ 5 . = . ; ah Assets over $35,600,000. i
MeLEAN & MARTIN, |
Avents for P, E. Island. |
: Uh town. A 2m Yaw wkly
Lilhils
Gt WOKS,
ve CHARLES CAIRNS, in returning} + thanks ¢ : public for the liberal Patronaze extended to him, begs leave to in- form his old customers and the pablic general- J, th t he has taken into partuersiup Mr. | Malcolm MecLea that hereafter the} busin
“ili be carried on under the title of U AIRN S Harble & §
They have on iy M*nta, Tab!
& CO., voue Cutters.
1e stock of Monu- cones, in Italian and ire of the latest de-
i
‘ ets and Hea Americ “Néerican Marb! .. iney
Signs, and at prices to suit all. ©. CAIRNS. M. McLEAN.
Ce'town, June 30, 1884—pres ne pat s j WP
'
cae Money to Loan, Ww. W. SoLLivanN, Q. CG. { Caw TER B. MAGNBILL
Jan. 16,783.
Hicie0d, iursoa & MeoQuarrie, BARRISTERS
—AND—
ATTORNEYS-AT-LAW.
i
Gifice in Old Bank, (UP STAIRS). Ch’town, Feb. 21, 1854.
LO —
~ BARGAINS.
—— eee
| AM selling the balance of my Furniture eaved from the fire of the 20th ult., at J. D McLeod’s cornet, Queen Street, at e reduction of from twenty-five to fifty per
al prices, ent. below usus' P 108N N&WSHON, ' trwe, Masrb °
WEST & RENDELL, Commission Merchants
St. John’s. Newfoundland.
4 made,
July 25, 1884.—2aw 4m
|
_-
iy
r ‘I NEW & for the streets ; and having ordered a set of Ostrich Plumes from London will have a turnout Secuud to None in the City. REMEMBER THE PLACE;
(pposiie Dr, Taylor's, Grafton Street. ISAAC W. WADMAN.
Ch’town, July 24—'aw wkly
Prince
pletii ga
hawart istand Hospital, MEDICAL BOARD: Dr. Hobkirk, Consulting Physician
Dr, Johnson, Dr, Taylor, Dr. Beer, Dr, Dawson Dr. Warburton, Dr. MacKay.
Matron—Mrs, Hannah Robinson.
Applications for admission may be made to the Visiting Physician or Matron, at the Hospital. daily (Sundays excepted), between ten and eleyen,a,m.,or by correspondence with any member of the medical Board, or the Matron,
The friends of patients will be admitted from two to four, p, m, every day (except Sunday).
The general visiting day for persons wish- ing to see the institution is Thursday of each week, from two to four o’clock, p. m,
D. BR. MACLENNAN, Secretary of Trustees.
: MONCTON Sash ald Door Factory,
& ql. P. LEA, in returning thanks to the 4) public for the liberal patrcaageextended to him while in business in Charlottetown, begs leave to inform his old customers and the public generally, that he, in company with Mr. William Rogers, has appointed
Messrs. B. Williams & e,
Lumber aud Coal Dealers, Pownal Wharf, Charlottetown, our agente, who will keep constantly on hand a fell supply of Mould- ings, Window Sashes, Doors, ete,, at
LOWEST CASH PRICES,
All orders entrusted to them will receive prompt attention.
LEA & ROGERS,
Mencton. N, R.
apt & n> Oar oly
LADIES, ATTENTION
UST Read This, and be convinced of the @) excellence of the Model Washer and Bleacher. It makes the washing light and easy, gi es the clothes that pure whiteness that no other mode of washing can produce, No rubbing required, no friction to injure the fabric. It is a Scientific and Successful Ma- chine, which does its work superior to any other Washer that ever have been in use, You can doa heavy wash in a quarter of the time, without any labour at all. They are a durabl-, time and money saving machine, and sold cheap. Price, $3,00; when sent to the country, 53.25.
WM. WORTH, Sprivg Park Road, Agent for Queen’s County, Ch’town, July 31, '84.—2aw wly.
Sprace Fring and Sheathing, 8
FJ AVING been appointed by Messrs. Prim- rose Brothers, of Pictou, Agent for the sale of their well known Grooved and Tovgued SPRUCE FLOORING and SHEATHING, I will always have on hand a stock of the same WELL DRIED and SEASONED, which I have no hesitation in recommending as the best in the market.
Messrs. Primrose Brothers are also prepared to execute promptly orders left with me for any deseription of Spruce Scantling, Boards, Laths, &c. ‘
For further particulars apply at my res!- dence, Prince Street.
THOMAS ALLEY,
augl---2aw 3 m.
P =. Island Pottery.
STOVE-PIPE STONES, (CHIMNEY TOPs, DRAIN PIPES. STRAWBERRY VINE PROTECTORS And other articles made to order at the P RR. ISLAND POTTERY.
BEER & GOFF AGENTS
Oh b-we, May 97, 1984
»uStgnments solicited. Liberal advances
YHE Subscriber announces that he is com-
HRST-CLASS HEARSE
MeMILLAN'S Ba. Ui
§, IS NOW BEING SUPPLIED WITH
COA L,
In all the leading varities, including
ria | AGADIA, - - + Nut and Rovnd,
do do do do Round,
INTERCOLGNIAL, - VALE, + [nor SYDNEY, (old mine) SYDNEY, (reserve) do CHIMNEY CORNER. tig
‘ALBION. & RESERVE SLACK,
| Allof which will be sold on most reasonable , terms,
ALSO TO Abaskba: A cargo of (Red Ash) Anthracite Coal from Wales, due here Ist October, and
quality as gave such good satisfaction three years ago. Will be sold low from ship,
ER. MRCMRELBLAN. Chitown, 'nly 2 '84—2m
‘TRE EXAMINER
JOB PRINTING
OPRPRIC
has lately been replenished with a supply of
Printing Types and Material
Latest Invention and Best Description,
and we are now prepared to print, under the
Careful and Skilfal Sunervision of Mr. J. W. Mitchell,
BILL HEADS, BLANK CHEQUES, NOTES OF HAND,
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LETTER HEABS,
LECEIPTS, POSTERS,
DOPGERS, &c..
fn Short Notice, in Good Style, AND AT CHEAP PRIGES.
cine for Inflammation ofthe Urinary Organs, caused by indiscretion or Exposure, Hotel Dieu Hospital, Paris, Treatment. Posi tive cure inone to three days. Local Treat- ment only required. No nauseous doses of Cupebs or Copaiba,
INFALLIBLE, HYGIENIC,CURATIVE, PREVEN tive. Price $1,50, including Bulbe Syringe Sold by all Druggists, or sent free by mai securely sealed, on receipt of price, Descrip- tive Treatise free on application. AMERICAN AGENCY “G6” MEDICINE CO., Detroit Mich., and Windsor, Ont,
Sold in Charlottetown by
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MAN & AS
ice 25 PrsoTie ©
Heads, and
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t-
J La BRIDGEWATER.N-S.
April 23, 1884,
same |
‘The Taylor-Wynne Case.
2 si geoks
| Patients.
----}> -——
And Judge Reddin’s Decision
In tho suit of Dr. Taylor vs. Thomas Wynne, Dr. Taylor sued Mr. Wynne on account of professional services. Mr. F. Peters on behalf of Wynne, defended the suit on two grounds, first, on the ground hat Dr. Taylor, on a certain occasion, re fused to continue his attendance; secondly, jon the ground of alleged incompetent |practice. Dr. Taylor spoke on the first part of the defence as follows :
My Lorp,—The law establishes the re- lationship between parties in any business the basis of .1eciprocal obligation. iTake the case of lawyer and client, The liaw will not allow the lawyer to dismiss his client during the progress of a suit, it is true, because the case is on the records of the court, and he will be obliged to apply tou the court, show cause, and if he can, to obtain the permission of the court. As an offset to this, the client cannot dismiss the lawyer without going through the same process. The privileges of the one party are gvanted as an offset against the pos- session of the same privileges by the other. That is just. Take the case of employer and servant. If any employer engeges a servant for a definite term, and that ser- vant does his work well, the employer can- not dismiss the servant before the expira- tion of the trm, without paying him for the full term. Also, the servant cannot leave his employer, provided that his em- ployer treats him well, before the expira- tion of *he engaged term, without incur- ring the penalty of losing his pay for the time he worked. This is the law which regulates the relationship between em- ployer and employee, and it is based on reciprocal advantage,—that is justice, In the same way, all business relationships are based on reciprocal privileges. The law does not give one privilege to one party to a transaction, without giving a correspond ing privilege to the other party. How is it in regard to the
fon
RELATIONSHIP BETWFREN PATIENT ?
Mr. Peters admitted that he had no law, that is, in lawyer’s phraseology, ‘‘ no cases”; but he undertook to argue the case. Allow me to present my view. The law does not provide for the doctor any security for continued attendance. The patient may dismiss him at any time in the course of a disease. Take a case of typhoid fever. The disease runs a de- finite course. The doctor may attend him faithfully, carefully and skilfully through the disease. It has nearly reached its natural termination, no improvement is manifest, for no improvement is possible until the crisis has been reached. The patient for no just cause, immediately before the crisis, arbitrarily, perhaps in- sultingly, dismisses the doctor. Another doctor is called in. Inmaday or two an improvement is perceptible because the crisis is passed. I need not describe the hue and cry that will follow. The reputa- tion of the first doctor may be ruined by the transaction; but he has no redress. The law does not protect him in the re- lationship. He must bear the load of the injustice. And is it to be contended that any sich obligation as Mr. Peters contends for, is to be.impose4 on the doctor? My Lord, there is no justice in that, and there- fore it cannot be law. It surely must not be said that while other relationships are based on reciprocal obligations, that the relations between surgeon and patient is based on unlimited freedom of action for the one party, and unlimited obligation for the other. But it may be said that the relationship between surgeon and patient is somewhat peculiar, owing to the weakness or disability of the one party to the transaction. If so, the advantages conceded to the weak party, that is, the patient, must be limited to what will secure him against lors fairly incidental to his weakness. This has been done in the present instance, When Wynne proposed to Dr. Taylor a con- sultation with Dr. Jenkins, Dr. Taylor refused. He said he would continue his attendance, but not in congultation with Jenkins. Jenkins had become so obnoxious to him by his unprofessional conduct in this instance, that he could not act with him. ‘Taylor also said he knew that a co- operation with Jenkins could not benetit the patient. When two men, who cannot agree in a certain case, undertake to act together in so important and peculiar a case as Wynne’s, no good can accrue to the patient. From motives of humanity to Wynne, Dr. Taylor declined to act with Jenkins. Taylor said, ‘‘if you elect Jenkins I must retire.” Wynne said ‘well then I will take Jenkins.” He took his choice. He chose Jenkins because he thought the change would benefit him. Wynn must be considered to be the best judge of his own interests.
SURGEON AND
Certainly this Court must not lundertake to judge of a matter already |decided upon by the patient himself. Dr. |Taylor acted in the interests of humanity, land according toWynne’s opinion to Wynne’s ‘advantage also. Now, suppose that Mr.
| Peters contention, viz., that Dr. Taylor's
obligation to continae his attendance on
‘ample, Dr. Taylor had been Mr, Jones’
medical attendant for some time, and that
|Mr. Jones owed him a large sum of money.
Obligations of Physicians and
Dr. Tiaylos’s Defence
Wynn was not limited as explained, but Hai wes absolute. then what absurd and unjust air on Bald yesults would follow? Suppose, for ex-
._ Suppose Mr. Jones, who it may be supposed aches& pains. )..4 been treated in the best possible ‘manner, should, on the eve of complete
recovery be desirous of evading payment of the bill, then if Mr. Peters’ contention be correct, all Jones would have to do would be to insist on a consultation with Dr. Jenkins—a request from what you saw yesterday, you know that Dr. Taylor, if he wished to retain the least self-respect, could not possibly concede. This conten- tion of Mr. Peters then involves a reduclio ad absurdam, and therefore cannot be based on law. I feel sure my Lord that the interesta of patient and doctor are equally safein your hands. We all, your Lordship and myself I am sure included, are not wanting in pity aod the most humane con- sideration for the afflicted, but if your Lordship can conserve the interests of the sick man without interfering with the rights and honor of the Dector, | am sure you will do so.
Dr. Taylor then spoke at Jength on the second ground of the defence and finished as follows:
THE ALLEGATION OF INCOMPETENT PRACTICE
is based on the appearance of the leg when Dr. Taylor left, and on the mode of setting. Drs. Taylor and Conroy swore there was no ehortening, and that the leg looked well in ‘every respect when Taylor left it, except that the union was not consolidated, Dr. Jenkins swore that there was shortening. Of course Jenkins was interested in saying this, for if the shortening did not then exist, it must have occurred in his own ‘management. Besides you could not fail ‘to notice his spiteful, unmannerly conduct ‘on the stand. But, my Lord, | submit that ‘Dr. Conroy’s evidence is conclusive. He was calied in consultation by the patient. He ia jerfectly competent and quite dis- interested, and if you believe him, you cannot resist the conclusion that Dr. Jeukins stated what is absolutely false.
As regards the mode of setting, although the attending surgeon declared positively that he uaed the necessary force, end verified that by measuring both legs with a tape, and this was proved by two competent witnesses, yet Mesers. Hobkirk and Jenkins without being present at the setting, and who only saw the leg twelve and six months afterwards, had the criminal audacity to swear that the leg was not set right. Now what do you suppose was their reason, Simply this,‘ hat s»fiicient force was not used. Now these men did not witness the setting, and when three competent witnesses, who were present, say that there was sufficient force used, that I submit, ought to decide the mat- ter. But how did these worthies substantiate their allegation ? They theorize. They have atheory that always two strong men are required to draw down a broken frag- ment of a leg, and they say that because the surgeon, in this instance, did not em- ploy two sirong men, therefore he could not have set the leg. They Jay down an absolute law. I showed you that the chief opposing force to the setting is
COUNTER MUSCULAR FORCE, Now, the amount of muscular force depen 's condition of the tuscles, whether they are healthy or otherwise, whether they are inflamed or not, whether they are sound or crushed. The condition of a muscle affecting its contractility ap- pears to have never entered the heads of these antediluvian philosophers (Hobkirk and Jenkins.) Age and experienee, if pro- perly utilized, would be of seryice to their possessor, but if men chose to go to sleep torty years ago, and have continued to slumber like a psir of Rip Van Winkles during the years of the steady and onward march of science, then 1 doubt the value of such experience. He is the right kind of a man who combines his own experience with that of others, who keeps his «yes open, watches and observes, and when sound laws and doctrines are presented to him, has wit enough, and is not too stubborn to examine them, and if found truthful to adopt them. My Lord, if I only allude to the circum- stances; when the surgeon first saw the leg there was complete non-union, al- though four and _ one-half weeks, a period at which bones are usually consolidated, had passed, nutrient artery destroyed, veins crushed and oecluded,muscles bruised and inflamed—the whole leg hot and painful —a peculiar boggy swelling at seat of fracture, consisting of crushed muscle, comminuted bone, and in- flammatory preducts—you will have some idea of the difficulty of the case. How ab- surd to say, and how wicked to swear, that such a leg should be cragged and pulled and lashed and bound by splints—men who say’ this do not know the A. B. C. of Surgery. My Lord | entered into the suit notfor a pecuinary purpose. A wicked conspiracy had been organized to destroy the professional status of a man who knows well how to take care of himself. This is not the first time. la this instance it was determined to aitack the enemy on the march. I determined to defend not simply myself but the honor of my profession which I love more deariy than self. When the honor of any member of a profession, who does his duty disinterestedly and well, is attacked, the honer of the profession is attacked. I know] will get a verdict, and if I do, another lesson will be taught those disturbers of our peace, which they will not soon forget.
JUDGE REDDIN’S DECISION,
This is an action m which Dr. Taylor is plaintiff and Thomas Wynne defendant, The plaintiff sues the defendant for the sum of $67 for surgical attendance, and this eave was referred to me for adjudication by His Honor Judge Alley, who was dis- qualified from hearing the same by reason of his relationship to the plaintiff. Plain- tif’s claim is resisted on two grounds: Ist, that after having attended the defend- ant for many months he threw up the cace, and refused his further attendance. 2nd, that he did not treat the defendant with proper skill and care.
The facts of this case, as they appear from the evidence, are thus :-—About the 20th January, 1884, defendant had his leg broken below the knee by a tree falling on
(Oontinwed on fourth page.)
this counter upon the