-- Mar 1, 1843
[Joseph Smith Diary] Wednesday, March 1st 1843 Recited in German. In the office reviewing his valedictory published in Times and Seasons No. 7 vol[ume] 4. Went with Marshall to Bro[ther] Laws to get provision for the prisoners—Morgan and Taylor.
Elder Hyde called to get a horse this afternoon. Joseph ordered Ira to get his best horse and put on the Lieut[enant] General's saddle and let Elder Hyde ride the Governor on the Lieutenant's saddle.
Signed a power of attorney dated 28 February to Amasa Lyman to sell all the lands in Henderson County deeded to me by Elder McQuinn. Walked out. (1)
-- Mar 2, 1843
[Joseph Smith Diary] Thursday, March 2d 1843 Adjourned case of Charles Dana vs. Dr. Brink in assumpsit come up at 10 A.M. Before the Mayor at Mason's Hall. Orson Spencer side [of] justice, Skinner Esqu[ire] for Plaintive. Claimed $99 failing to perform correctly as physician in treatment of Dana's wife, complaint read. Witnesses Dr. Foster, Dr. Wild, Dr. Bennett. [blank [and]] Mrs Sessions Rigdon and Marsh Esqu[ire] for defendant.
Rigdon objected to certain witnesses viz. the [dispute among] physicians [which is] enough to alarm Nauvoo. [They argue] Enough to swear them selves into business and the other who is opposed out of business not the 20th time that attempt[s] have been made of this kind, Legislatures have taken it up. Come here professing [to be] Botonic[al] Physicia[ns]. The other Boerhevein Physicians, come here from /Germany/ [and] England to America to [align themselves for or against] Dr. Brink, antipod[e]s [whose] feet come together instead of /their/ heads. They have ever been crying out against Botonic and Botonic against the others for Payson. If they are permitted to witness this court is to decide between the parties. The Legislature and no court has attempted to decide.
Let them bring physicians of the same school for witnesses. Mr. Dana knew what practice the Do[c]tor was of. Why not call physic[ian]s of the same school. Your Honor has once been tried on account of your religion. The physici[an]s must testify according to their practice believing the other to be wrong. If this order of things should prevail you would loose your head and I mine.
Skinner replied, When a party claims interest he must establish his claim. Objection should be made before Placing vis a vis, to settle this grand question [of] interest no witness can be objected to on ground of interest unless the party must be a gainer or looser in the case. Bailor cannot be witness. No other /kind [of]/ interest can destroy testimony. If every witness was desirous to have the suit go on their testimony [it] would [still] be valid. Evidence Harrisus Digest /Page 1047/ immended intent in the suit only.
Philips on evidence 71. Rule of Int[erest] {page 226) and Teron Gilbert where there is a certain benefit at stake. Watsons reports 199 5 Wendall Report 55, 13 Mass 99 and 99. Swonns Tracts 59. We defy the gentlemen to present any defect [in this] rule of law.
Marsh[: Ojection] not on the ground of definite interest. We made the objection. We obje[c]t to witnesses on ground of incompetincy, of judging of a different practice. This state has not decided which practice. What makes them witnesses. From knowledge of facts or experts. Were they present? if so I have no objection. [It is wrong if] A should contract for building a [steam] boat [when B builds steam boats but]. C is called to examine (who is a [builder of] sail boat[s]) or brick house judged by a carpenter. Those who are of the same school are competent. Those are experts who are of the practice with the defendant.
Judge Emmons[, for the plaintiff,] asked leave to reply. Objected [to] by Marsh. Opinion of the court [is that they] cannot tell whether they are competent or not till they give their testimony. What is the rule of competency? Mrs. Miles some deli[c]acy to be heard alone. Rigdon requested that witness be examined alone. Skinner, we shall look to the court. Marsh produced the law[, it was] found [to be relevant, and the] court ordered the house cleared. Skinner—We design to shew certain facts by witnesses present and then to physicians to know whether they consider the treatment correct.
Rigdon /it is/ [an] effort to secure to themselves the advantage we have conten[d]ed against. /Physician[s]/ to give testimony on testimony they have not heard—because the witness[es] are examined apart. Let us have this trial on the principle of common sense. Lady presented to witness certain things and physicians called to testify on that testimony as they are called one by one and we object to any other course. Ladies build a mud house and Doctors chink it.
Emmons—singular case, to request witness Doctors to withdraw, read section of Law in Medical Men, and on science May witness—Philips on evidence 836.899.
Objected to witness for which this court was adjourned on the same principle. Corrected by Rigdon.
Marsh insisted on what the law of the state grants us.—
Court is of opinion it can do no harm to have witnesses present.
Mr. Miles present at Mrs. Dana's on her sickness. [She] Had been sick several weeks. Did not know what it was, was injured by a fright[, Miles] present when Dr. Brink came about noon. Don't think she was in labor pains. [Brink] Did [not] discover any symptoms of labor pains, [Miles] did not stay but a minute or two, did not return till about 11 P.M. [Brink] said he had given her sweet rye. She said she was in pain. We expected they were labor pains. Brink said her water had discharged and she would be delivered in a short time. Child appeared to be pitched one side. Mrs. Dana did not know the waters had discharged. Brink staid till morning, [Miles was] There when he introduced his hand hurt her and [she] begged to let her alone and let [it] have its own operation, on the bed [he] used more violence than I thought was necessary but not enough to crowd her out of her position. I did not examine the woman don't know any thing about it.
By court you have been at such cases and know what is usual? Yes—Mrs. Dana was not expecting it for 10 days. Don't recollect that Dr. Brink said it was necessary to deliver her of the child on account of Diarehea or fever. But was sent for Dr. to cure fever &c. Won't expelciting to be confined [for weeks afterwards]. She was better when I went away in the morning. Got easier and did not know when it would be. Had not meddled with her since before day light.
Monday P.M. her water discharged she told me from Saturday. Went for sister [Patty] Sessions[, a midwife, when Mrs. Dana] was in labor pains, delivered some time Monday night. Had 4 living children. Since she was confined she told me she had not been free from pain. Had had the piles 3 or 4 weeks ago.
Objection by Marsh to the [introduction of a] saying of the parties [to the plaintiff reported days] since the operation. Rigdon objected to the [hearsay] testimony of parties concerned.
Court is of opinion any injury the woman may have received may be made to appear by patient or any other testimony [corroborating that she] had not been free from pain since her delivery 3 or 4 months ago. 11 o'clock I expected she was g[o]ing to be delivered soon. Mrs. Sessions said Mrs. Dana['s] water had not escaped. Don't know who told me. She did not expect to be confined for 10 days.
Court adjourned for one hour. 3 o'clock, opened court. (Mary Duel [a midwife]) was present at Mrs. Dana's sickness 24th October. Was not there prior to Dr. Brink being there. Was present with them. She [Mrs. Dana] was lying on the bed appe[a]ring in considerable pain, not labor pains. I was called 11 at night, Dr. was there previous. Was at my house after the syringe to give her injection. Mr. Dana he thought the child had been dead 2 or 3 days. I told my sister she was not expecting to be sick in [bed] 2 or 3 weeks. I did not examine the patient. She [Mrs. Dana] said her period had not come yet.
Mr. Dana expected to have Mother Session when she was confined. Called Brink to give fever powders. Dr. Brink thought it time for delivery. Needed to be hurried. She begged of him to let her alone, you'll kill me. Dr. s[a]id he hurt her as little as he could. The child was turned and must be turned back. He gave her sweet rye, pepper, and composition and so[a]ked her feet. He thought she would be delivered in 3 pains more. There was no such pain as I ever saw before. Dr. said he never was where he was so sick before. [I] Thought he was not fit to be there.
2 o'clock, 3 more mo[ve]ments before morning. His operation was unusual under the circumstances. I insisted she would not get through without some one of more experience.
She was fixed on a seat for she could not lie so. But soon moved aright and the Dr. sat down and commenced operating by his hand. She begged him to let go and he said he could not something would go back. Next day she was perfectly cosy and went to sleep. Dr. was there [and] said nothing. Sister Session was present.
Since the birth she says it is the cause of all her difficulty and piles. Has [had] 5 or 6 children before had no such symptom. Dr. said it was necessary to keep up the irritation to create pain.
(Marr [a physician]) cross examination. 1st visit 11 Sat[urday] night. I expressed disapprobation, in an 1 1/2 hour [visit], to Sister Mills. I think the pains were from the medicine. It might have been a [result of] cutting her [that she had] pains, independant of Med[icine]. I did not examine a day or two before, she told me she did not expect to be confined for 3 or 4 [weeks]. Women may be dec[e]ived 2, 3, or even 4 weeks. Could not say he entered the os[tium]. Had no pains after Dr. Brink left. He was called away in the night between 2 o'clock and daylight. I prepar[e]d to have some one called. He opposed. He proposed to call Vienna. She appears to be weak, bearing down.
(By court) Was it unusal for physician to treat patient as Brink did?
I[t] is unusual. I have Dr. Bennett of this town operater and Botonic physicians in other places. Have had no great experience say 50 or 60 cases. Never saw similar treatment from Botonic practice. If the child is born in 3 pains more it will be something I never experienced.
(Mrs. Session) Sunday morning I was called by Mr. Dana, sayling] Dr. Brink is at my [Mr. Dana's] house. I [Mr. Dana] called him yesterday to cool the bowels and still the fever. He says she is going to be confined, and the women are dissatisfied. Went, Dr. Brink shook hands and held on. We have a difficult case. The membrane is broken; the waters have escaped; the child is turned. I sent for you to turn the child because my hand is swoll[en].
I prepared and sat down to her. I said D[octo]r. What have you give[n]? Novine raspbery Cayinene. I said Did I understand you the water had escaped? Yes, understand you the child was [w]rong and must be turned? [I said,] Yes, it was a fair presentation. [Then I said] Did I understand you the child was dead? Yes. I had my finger on the child's head and felt pulsation. The waters have not gathered tis a fair presentation your child is a live. As I run my finger round apex as large as a tea cup near the child's head /[I] reached the ear/. [and felt] A rupture.
When was you hurt? [I asked Mrs. Dana] With my last child, if ever. Had no labor pains, had no pains but such as appeared [with] wind. I got up, sat down to talk with the Dr. about a patient he had doctored and said it [the baby] had been dead 3 weeks when I took it the skin was fair and I think it had just died. Dr. went to Marsh. I asked Mrs. Dana what the Dr. gave her. She said Ergot. He came to me for it last week. When I moved her onto her bed I found mark of the ruptures on the under clothes. Fresh blood. Dr. returned and asked me what is the cause of her pain last night? That Ergot you gave her. Curse the Doctors. If a D[octo]r should do so by me I would kill him if I could. I gave him a figure.
Never undertake to get a nut out of the burr till it is ripe and it will fall out. The Dr. went away. Now said I, we have delivered the Dr. I will go home and when you get ready send for me. I went home and when I got there I made a minute of my visit, that I found Dr. Brink had [not] operated according to nature right or reason.
Sunday P.M. I took [delivered] a living child and as I had told her the waters had broke when I got there. Mr Dana stated to Dr. Brink, I never had my feelings wrought up so in all my children as last night. Dr. you know I did not call you here to officiate in such a capacity. Dr. Brink said he only gave her 11 grains Ergot.
(Duel) Not the same bed but bedding was the same. Blood was of different appearance than what is usual as though it came from the ruptures. 3 places she would twinge never said ouch [little] relaxation /as there/ was. Mouth of womb about as large as common size teacup. Bro[ther] Dana requested me to call. I did and she said she had not been well. I thought Brink hurt her, could not hold her water. /Brink/ gave her two injections himself which she thought was the cause of it. They were very hot [and she] could hardly get up stairs, weak in her back.
I have attend[ed] 30 years in the profession, never witnessed such an operation before. Child was born after midnight. We called it Tuesday morning. I asked her if her true time had come? She said she thought 3 or 4 weeks but was certain 10 or 12 days.
On one garment where the blood was it appeared as though some one had wiped a hand or the fingers. It appeared of a fresh bloody texture as pubis was turned up towards the back said Dr. Brink.
(Mrs Dana) sworn.
(Mars[h]) Objected to the testimony of a wife in civilsuit.
(Rigdon) Would not object if the defendant can be admitted. Poor rule if the will not work both ways. Philips on evidence. Evidence admitted.
(Mrs Dana) In the morning as Dr. Brink was first called to give me something to allay my fever, steeped something and gave me [something] which increased my pain. [He] staid in the P.M. and got the syringe and administered which appeared to me all pepper. What [Why] he sta[i]d all night. What for I don't know. It was a mere imposition administered as other witnesses stated which created pain every time I took them. I refer to the injections of pepper in the first instance which gave me pain. Afterward the drinks.
I told him my time was not in 3 or 4 weeks that every thing was wrong. [He said] That an inflamation had taken place in my bowels which killed the child and I must have help immediately or I could not live. There was nothing unnatural before he commenced and I so insisted to him. The fresh blood was from no[ne] other than his treatment. Easier after he desisted. No labor pains till Monday. 7 children, never suffered so. Wakup trembling, bearing down, never had those symptoms before. Not be[e]n able to do any thing since. Have not been free from pain since. No other cause to attribute the pain but Brinks treatment.
/Court Did Brinks take an unusual course?
/Brink took an unusual course. Brink placed his head on my bowels and exerted his strength in other ways which gave me great pain.
(Mr Shoemaker) Mr Dana asked me to go down to Mr Brink. I went as a neighbor 3 times before we found him at home. Mr Dana made his proposition to leave it to men or 3 men. Mr Brink told him he would not make any settlement. What he had done he had done right. I [he] gave her Ergot and cayenne pepper and other medicines mentioned. Said he had done nothing but what any physician would do. Acknowledged what they told him about her time.
(Dr. Bennett) to explain as Matter of science [in response to questions presented] on testimony already given. Philips on evidence 259. Court is willing to give its opinion [about which treatments Dr. Brink] is not bound to know [of]. Dr. Brink is a Botonical Dr. or to be [unlearned in] mineral [potions]. Court will hear more of good character.
When Dr. is called to a pregnant woman to administer for dysentry and she says her time is not for 3 or 4 would [he] be justified in giving any thing to produce delivery? No difference in Labor pains and others? Under certain combinations Ergot is not good. From 15 to 30 grains [causes] a specific effect on the Uterus to expel the contents of the uterus to produce delivery.
Under the circumstances would a person be justified in inserting the hand? If every thing is natural /it/ would be considered fine. [But for] Such delivery from the impression I have [there were] no circumstances existing to warrant the preceding.
The introduction of the hand altogether unnecessarily. Introduction of the hand is unnecessary to ascertain the situation of the featus, would be productive of great pain if done roughly or unskillfully. Prefered after labor pains have existed some time. Mouth of the womb will enlarge. In this case [it could only be done] by violence I would think. It would not be justifiable to force open the womb. Might be lascerated or ruptured such condition might be discovered, such treatment would be likely to produce the effects [noted]. No reason why physician should conclude the child was dead and use means to produce delivery. Could not be justified in [this] case.
Adjourned to 10 tomorrow morning.
Evening in company with Phelps and Richards in the middle room looking out of Blackstone on evidence of wife for husband &c. (1)
[Lucy Mack Smith] The Illinois House of Representatives considers and passes a bill to repeal part of the Nauvoo city charter, despite William Smith's opposition. The measure fails in the Senate on 4 March. (2)
Footnotes:
1 - Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
2 - Anderson, Lavina Fielding, Editor, Lucy's Book: A Critical Edition of Lucy Mack Smith's Family Memoir, 2001, Signature Books
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