Report of the trial. The people versus Dr. Horatio N. Loomis, for libel : tried at the Erie County Oyer and Terminer, June 24, 1850. Justice Mullett, presiding. John Treanor, Leander J. Roberts, associate justices / Reported by FrederickT. Parsons, stenographer.

  • Loomis, Horatio N. (Horatio Nelson), 1807-1881.
Date:
1850
Catalogue details

Licence: Public Domain Mark

Credit: Report of the trial. The people versus Dr. Horatio N. Loomis, for libel : tried at the Erie County Oyer and Terminer, June 24, 1850. Justice Mullett, presiding. John Treanor, Leander J. Roberts, associate justices / Reported by FrederickT. Parsons, stenographer. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    had a right, though in error, as to its merits to discuss it, and 10 discuss this public Professor. But we were not in error. The exposure of this woman in labor, we shall show, substantially, as alleged. We shall show you that it was not only a -tartling and bestial innovation, but without a particle of utility. To the stethescopical examination we make no objections ; against the exposure of this woman, whom though the virtuous angels had abandoned, society had not, we do protest. And we expect that you will by your verdict vindicate the delicacy of the sex, the honor of a liberal profession, the moral sense of the public, and the just freedom of the press. George Haskins, sworn on the part of the de- fence, says—I wroie the article in the Courier signed 'L.' 1 can't recollect when it was first pub- lished—it was published in the Daily first—I knew that Dr. Loomis had no knowledge of the article, for no person had—I don't mean to say that the compositors didn't know any thing about it. It passed from me to the compositors. (Commercial Advertiser of Feb. 19th, is shown witness—article Demonstrative Midwifery, is shown to witness. [See Appendix B.] The article in the Courier was intended as a reply to the one in the Com- mercial Advertiser. Cross Examined—Don't know of Dr. L.'s claim- ing the article as his. James O. Brayman, sworn, says—I was one of the editors of the Commercial Advertiser, Feb. 19, 1850—(paper of this date is shown him) —this paper was issued from that office on that day. I wrote the article in this paper on Demonstrative Midwifery. (Defendant offers to show that the article was submitted, before publication, to Dr. W., and that he approved of it and of its publica- tion.) The Court rejected the offer. D fendant's Counsel excepted to the decision. Doct. Peter B. Brown, sworn, says : I gradu- ated at Buffalo Medici College, last winter or spiing. I attended three courses of Lectures there —last course was last winter. During thai course there was presented to the graduating class a case of natural labor, by Prof. White—I was present— I went there between eight and nine o'clock in the morning ; it was in the lower room adjoining the room occupied by the Janitor, as a kitchen. I don't recollect whom I found there when I got there—I saw Doct. W., after I got there—I don't recollect how many students were there—don't re- collect how many there were in the graduating class—there were about twentv-eight—could not say what proportion of them were there—it would be guess woik—there were some there that did not graduate there—some physicians—there were as many as fifteen—might have been twenty— thrsy didn't all stay, that came there—some went away—I remained there some six or seven, or seven or eight hours—somewhere along there, and till the labor was through—it was not day-light when the matter was finished. The woman, when I first saw he% was on a bed or cot—I was there when the child was born—I was not tnere a great while, next before the child was born—I couldn't say how long I was there previous to the birth. I was called in—It is a mere matter of guess-work—I should think I was there about half an hour before the child was born—when I went in last time, couldn't say how fir labor had progressed—I saw nothing of ihe labor till the head presented externally. The woman was covered till that lire—then the clothes were 1 iid back—she lay on her left side. Her nates were exposed—her legs were drawn up—she was exposed from the small of her back half or two- thirds the way to the knees. She lay in that con- dition till the child was born—don't recollect whether the clothes were turned down before the umbilical cord was cut or not. Can't tell how long she was in that condition—about quarter of an hour. Head of the patient was unco\ ered. Dur ing the time she was exposed some fifteen or twenty were present—they were ail students and practitioners o! medicine—might ha*e been fifteen or twenty students—this was the first exhibition of the kind 1 had seen—her genitals were not exposed —don't know whether the Professor used both hands or not—he supported the perineum with a napkin in his hand—he grasped the child's head and it passed out between his hands—I can't say whether lie received the child in both hands or not—1 saw the child on its passage out. Cross Examined.—The room was lighted with candles—there was more than one candle. When the child was being born, I was standing near the bed, on the same side with Dr. White. There was no talk, unless the Woman wanted something. There was no talk among the students—there was no laughing or jesting. I saw one smile. Dr. White talked about the labor, and to the patient, and about the progress of the labor, for the pur- po e of instructing the class—his talk had no other tendency than to instruct the chiss. Prof. White enjoined decorum and order. The house, as I said before, was still I didn't notice how much I could see. I was watching the progress of the labor. I saw the child emerging. I did'nt look to see her private [tarts. Saw the head emerge and what surrounded it, except what was covered by the napkin. The napkin might have been all round. D d not see the Symphisis Pubis. Her ba<k was towards most of th- class—they were standing all round. The nurse was most of the time on the opposite side of the b^d to Dr. White. I think the nurse was out during the labor. I am quite sure she was not in all the t me till the delivery of the child and the -placenta. I saw the child dress- ed. It was carried into an adjoining room, and washed and dressed. I never attended a labor before. 1 have since. [District Attorney proposed to show how the stethescope was used be ore ihe birth, and all ihat took place during the clinique. Objected to by defendant's Counsel, on the ground that they do