[Joseph Smith] The Illinois legislature passes a bill to repeal part of the Nauvoo Charter. (1)
[Joseph Smith Diary] Friday, March 3d 1843 Court opened at 10 according to adjournment.
/Dr. Bennett/ Should there be an obliquity of the womb a gentle action may be justifiable. The exertion in this case I think the exertion [was] unjustifiable. Could not be a falling back of the womb at that stage of pregnancy and if there was a midwife [she] would easily detect it. A delivery at such time would be calculated to injure the womb. Common cases require no help. What was done [was] unnecessary. Mouth of the womb will be open by Regular pain, not be opened as in this case without force. /Force/ would injure the parts. /Injuries/ reasonably refered to [as the result of] the force. If things were wrong as stated by the Dr. [the] woman would be likely to know it first. (Law read by Court, Swarm Treatus 63)
(Court) What do you know Dr. Bennett about this case? [Bennett:] Mouth [of the] womb open before labor pains and lacerated. [I] Suppose it had been hurt, [that] fresh blood and rupture by force [was] to combat the fever &c. /Woman/ would be the first to know if she was in labor. Medical men will never attempt examination without cause. Then not necessary to insert the hand to ascertain presentation.
(Cross[-examination]) Have known mouth [of the] womb to be elastic. So as easily to be prest [pressed] open. Ergot acts upon the womb to contract it [and expel the contents] so the child would [have] press[ed] open the mouth [of the womb]. At intervals of the pain there is a relaxation when the finger might be inserted. This [constant] dilation was from the intrusion of the hand.
No uncommon thing to have blood pass in first stages of labor. When ostince [ostium] is dilated not [less than] 1/2 cases where blood passes. Much blood might or might not flow from the rupture. /Could not have accured before the fright/ A woman of Mrs Session['s] experience would know as well as a physician.
11 grains of Ergot would not produce any great effect in absence of labor pains where the womb was ruptured and the head of the child pressing [against the] mouth opened by force. Womb would not contract again. Parturition scarcely happens when acute disease is going on. Fresh wound, red blood is 1st stages parturition[, later] darker.
(Dr. Wild) No necessity for physician to interfere at all. Highly criminal. Ruptu[r]es might have been made. Ruptures caused by violence, sometime duties of physician to let her alone. Force deleterious. What was done might produce lascerations of the os uteri and inflamation and various things such as wer[e] mentioned by witness. No precise time for womb to open, said nothing to justify the course persued. Much to condemn. Have conversed with Mrs Dana within a week.
(Philips on evidence 202) (Harrison's Digest 1037) /1st [blank] 160 to 171/ (Philips on evidence 152) 361 Blackstone (Harrison digest 2d Vol[ume] 1031) (190 Phi[li]ps digest)
[Defense attorney:] I felt there was a little overbearance particularly because the [attorney for the plaintiff] was young. Young[er] perhaps in court matters than in knowledge. As Lawyers know a great deal and are very wise, I will put them to the trouble of finding the quotation, "any thing the wife may have said will be received in evidence."
(Wild) Would attribute the injuries to the violence used. Compliained of the bearing down of the womb. Never knew mouth of the womb to dilate without Labor pains. Ergot['s] specific effect is on the uterus to contract. 15 to 20 grains common doses. Don't know as 11 grains would produce abortion. Never gave but in one case. Were I called in such a case I would wait and see what the consequences would be. Have [not] seen this appearance of blood without ho[a]rse treatment. Been in practice 7 years.
(Dr. Foster) Sayings of patient index to treatment. If things were wrong that would be first known to the mother. Duty of physician to let her alone. Ostince [ostium] dillated by ergot [in]capable for to introduce even finger. Punching the woman by [with] the head might weaken some of the internal organs. Causes that have been stated here before. If the hand had been pressed [against] the bone of the pelvis /the foetus [fetus]/ it would have been expelled before 24 or 48 hours if he had [not withdrawn his] hand[; the fetus] not [longer] forced. Do not consider the injury could have been sustained in the womb.
Ergot same as Dr. Wild. 11 grains would be inert. A free use of Ergot might destroy the tone of the womb. Do not consider it possible that the ostinse [ostium] should have been opened thus by inserting the hand and rupturing the womb, without producing birth sooner than it was.
10 o'clock adjourned for 1 1/2 hour. /Philips on Evidence 151
/3 o'clock court opened.
(Dr. Higby) effects unavoidably follow introducing the hand or any instrument in the mouth of the womb, so as to displace the membrane, would be birth in from 24 to 36 hours or more sometime.
(council for plaintive closed)
1 st General character of the Defendant /defense/ as practitioner. 2d rebutting testimony.
(Dr./Geo[rge] R/Bostwich) practiced 24 years had 2300 cases of obstretics rather difficult to tell the amount of injury and when and by whom. Have known premature labor produced by Diahrrea when I had no other cause to attribute it to. Have seen Peter Wilson's wife complete dilation of the os uteri. Have seen frequent dilations without pain then close and go their time and close again. If there is sufficient contractile /dilating/ powers in the neck of the womb ergot may be given as free as flour. Its effect is on the top of the womb. [It] also stops Hermerge [hemorrhage] of the womb. If dilated by force I should expect immediate delivery in a few hours, 5 or 6 hours. It might [take] 30 hours if a weak system.
If 3 ruptures so large I should think it would produce more blood. I look for a fontonells when the head is presented, never knew a finger [to be] inserted to the ear, in such cases presented to court uterus in plate. Might wait 6 or 7 hours if there was nothing peculiar before giving Ergot. Bearing down from passage child hurt and fright produces abortion. I concur with Dr. Foster about inserting the finger would give some mild purgative in such cases.
In case of fever I have found the child dead when the mother did not know it. Have seen water discharge 3 times in one case 1 1/2 hours [later] I burst one myself. I would rather manage a dozen such Ladies to manage than to give my opinion in this case. Inserting finger as Mrs Sessions did is uncalled for and cruel.
Court ruled that testimony to prove defendants general character was illegel and would not be heard.
Dr. Bennett said he had no interest in this suit. Had practiced medicine in this place but never charged a cent, received a cent nor have any book account.
(Dr. Tate) Objected by Court. Adjourned from 5 to 7 o'clock. 7 [P.M.] court open. In the interim called at Br[other] Durphy's, his wife sick. Also Bishop Whitney's with Dr. Rich. /5 loaded teams arrived with provision from Ramus/ Plea of Mr Skinner for Plaintiff
1. Brink not called to her confinement
2. No business to undertake delivery
3. was told labor pains [had] not come on
4. said child was dead
5. pretended any thing was wrong
6. pronounced waters gathered and broke
7. injections so hot as to put her in g[rea]t pain
8. denied giving Ergot
9. used violence
10. introduced [t]he hand
11. made 3 ruptures
12. extreme violence when implored to let her alone
(Swans Treatise 429) Fraud) 4 minutes before 8 [P.M.], Mars[h] commenced his plea. (Statute of Illinois 405) amount of damage in $ and cents.
22 minutes past 8 [P.M.], Esqu[ire] Rigdon commenced his plea (United States dispensatory). 28 minutes past 9 [P.M.], Esqu[ire] Emmons commenced his plea. (Swans Treaties 240 contract) 10 1/4 o'clock closed. Adjourned to next Friday 10 o'clock to give its decision from this stand.
Had 1 hours interview at home with W[illiam] W. Phelps after court concerning trial. /Mother Smith better. F./ (2)
Footnotes:
1 - Conklin, Christopher J., Joseph Smith Chronology
2 - Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
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