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drawers in tables that the patients use is that they everlastingly insist
on tucking their food into these drawers, and it collects something down
there that we are not particularly anxious to have. If they do not have
any drawers you can see everything that they have got, and if they
have food or anything lying around, why, you can take it away from
them. “ Large tables with drawers for head nurses.' I don't think
that is an absolute necessity, although it might be a little more conven-
ient to have a drawer in the tables that the nurses have. Whitening
or painting of all hospital walls.” That has always been in view after
the hospital got lone settling and the wall done cracking. Enough
paid help in all departments, so that illness or absence of one does not
cripple all or some other department.” That is a perfectly reasonable
suggestion, and I think we have got it. Now, I come to something
here — “ Scales in dispensary to weigh powders, so that nurses are not
given medicine in bulk to guess at the amount ordered.” I wanted to
speak about that more than any one, because Mr. Brandeis, from the
questions which he asked of Dr. Fitz, I think it was, would give some
people the impression that we didn't have any of those things down
there. When this thing was written, we had scales in the dispensary.
We have always had scales in the dispensary ever since I have been
there for weighing these small powders. The only trouble with then
at the time that this was written was that they all said that they were no
good and would not work. I went in there and adjusted two or three
little screws and shifted one of the scales over on to its pivot, and it has
been working all right ever since. Then they gave the impression that
we didn't have any weights to weigh with. We had a full complement
of weights when I went there. We had a full complement of weights
in the fall, to my personal knowledge. We had one, three, and five
grain weights, and one 2-drachm weight, last spring after I recovered
from my sickness. After Mrs. Kinney spoke about this I went out to
see if they had the weights there then, and all I could find was a one
and a two grain weight. Just as soon as I knew that, I purchased a
full set of weights. Furnishings for operating-room as per previous
list.” That has been spoken of before; and the “ new mattresses "
are getting all the time.

The CHAIRMAN. — Has any one any other questions to ask Dr. Cog'swell.

Q. (By Mr. REED.) I would like to ask the doctor who had charge of the room where those scales were ?

A. Dr. Parker.

Q. (By Mr. BRANDEIS.) When did you get a new assistant down there, doctor, to put over Dr. Parker?

If I am not mistaken, it was last September.
Q. In September?
A. Yes, sir.

Q. And when was it that these weights were missing, and that you found them so ?

A. Some time in November.
Q. It was before that, wasn't it?
Å.

Oh, yes - October. I was thinking of something else. It was in
October that I noticed this.

Q. That rather came under your new superintendent?
A. Dr. Parker had charge of the dispensary just the same.

Under your new assistant?
A. Under my new assistant, yes; and he complained of Dr. Parker
several times, but of course you know how I was situated, and it didn't
do much good.

Q. Doctor, there has been more or less talk by Mr. Reed, as well as myself, I think, about the number of rooms in your building. How many rooms are there -- I mean in your administration building ?

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A. On the first floor there is a dining room, tivo offices, à dispensary, and a sleeping apartment.

Q. Yes.

A. And on the second ftoor there are seven rooms. On the third floor there are six rooms, or there were until recently, when I had one made into a double room; and that makes seven on the third fioor.

Q. That is, nineteen rooms?

4. And in the basement there is it kitchen and a pantry and two more rooms with brick and stone walls. You might say such rooms as were intended for storerooms or anything of that kind. They are not rooms that could be occupied.

Q. How many rooms are occupied in this building by yourself and family?

A. Well, the best way to get at that is that l occupy the kitchen and pantry on the first floor, the dining-room on the second floor, and I have my office on the first floor - that might be called a room ; and on the second floor I occupy six l'ooms. All the rest are occupied by others, outside of my family.

Q. That is, the third floor is occupied by others ?

4. Yes, sir; and the second floor is occupied by one of the doctors. He has a room on the floor with me.

Q. He has one of the seven rooms?
A. Yes, sir.
Q. You have six there, and then he has the seventh ?
A. Yes, sir.

Q. Then you have the first floor, that you use partly for your own private dwelling and plrtly as an office ?

A. Yes, sir.

Q. You said that you have the same facilities, personally, for washing, that Mr. Morphy had before ?

A. I said I had used the same facilities,
Q. Well, what are those facilities that you do use?
il. The hot and cold water faucets and the sink.
Q. In the hospital?
d. No, sir; in my bath room.
Q. Well, he doesn't use your bath-room, does he?

4. No, sir; but he has a hot and cold water faucet and sink, etc. It is the same as miné.

Q. It is out in the corridor, isn't it?
d. No, sir.
Q. In whose room is it?
A. It is not in any room at all.
Q. It is not any private place at all?

A. He could have used it if he liked. There is also a set bowl, which is much better than I have got.

Q. Where is that?
A. That is what you might call off the corridor.

Q. Not in his own room? In his bedroom he hasn't a set bowl, has he?

1. No, sir; he hasn't.

Q. Now, you have had all the facilities you want in the way of a bath-room and a toilet-set, and everything else, and you have a bowl and pitcher', haven't you?

A. I have a bowl and pitcher; yes, sir.
Q. Then it wasn't unreasonable that he should have it?
A. No, sir. I didn't know he didn't have it.

Q. Wasn't that brought up here 8 months ago, that he didn't have à proper place to wash in ? 4. It might have been. I don't remember.

lon't remember. I know that I didn't know whether he had one or not.

The CHAIRMAN. - That is all, doctor.

Mr. RILEY. I should like to ask the doctor some questions, Mr. Chairman. The CHAIRMAN.

Very well. Q. (By Mr. RILEY.) While testifying the other night, you slandered a lady. Do you wish to retract that now?

A. If I remember correctly, I simply said that this thing had been reported to me. I knew nothing about it. I knew nothing about the character of the lady in question one way or the other. The only thing I want to say is this, that it is the only thing I have said since I have been on the witness stand that I regret, or that, after mature consideration, I should in any way take back. I don't know as I could take back that, as it was merely a report of what was reported to me; but I would like to say this, that if I had stopped a moment to consider I would have thrown up the case here before I would have mentioned her name or any other woman's.

Q. I thought it was due to you, as well as anybody else, to give you a chance to retract. You didn't believe the report that was brought to you then, did you, and you don't believe it now, do you?

A. (Hesitating.) Well, she might have been mistaken. She might have been. The woman who reported it to me might have been mistaken ; certainly.

Q. That is getting far away from my question. It is very simple. The question is too simple to get away from. Did you believe it then, or do you believe it now?

A. "Why, certainly; I believed it then, and I believe it now, be

Cause

Q. No, I don't care about the “because." You have answered my question. d. I will

I will say this Mr. RILEY. If you please, no, sir. You will answer my question. Mr. PROCTOR. —

Go right on, doctor, and don't mind him. Mr. RILEY. No, if you please; stop right here where you are. The WITNESS.. If you will let me Mr. RILEY. No, sir; you answer my questions. The WITNESS. - If you will let me answer your question Mr. RILEY. — No, sir; you can explain after I get through. The WITNESS. You will be a great deal Mr. RILEY. No, no; you can make your explanations afterwards. The WITNESS. (Continuing) – better pleased than you are if I Mr. RILEY. No; you cannot explain now. The WITNESS.-- (Continuing)

(Continuing) — should go on with my explanation. Mr. REED. - You cannot bulldoze bim, Mr. Riley.

Mr. RILEY. I don't care about any of your slang; and I will not put up with him. I want an answer to my question.

Ald. LEE. — Well, repeat the question. Let the stenographer read the question.

Mr. RILEY. —No, sir; I don't ask anybody's aid. The question is: Did you believe it when it was reported to you?

Mr. PROCTOR. — Now, let him answer it.
Mr. RILEY. -Oh, I will not put up

will not put up with any of your interference.
Mr. REED. Yes, you will.
Mr. RILEY. No, I won't.
Mr. REED. Well, try it on.
Mr. RILEY. - I am trying it now.
Mr. REED. I guess you will find that you cannot frighten us.
Mr. RILEY. -Oh, I can teach a parrot to say what you are saying.
Ald. LEE. Well, what wils the first question?

Mr. RILEY. - I have asked the witness a very simple question, and I must have an answer.

Ald. LEE. - Well, what was the first question? If I am called on to rule in regard to a question, I want to know what it is.

Mr. PROCTOR. Well, he started to answer the question, and Mr.
Riley wouldn't let him.

Mr. RILEY. - Why, it doesn't require any talent to be a rowdy.
Mr. PROCTOR. You ought to know.
Mr. RILEY. How could I help it, being with you so long ?
Mr. PROCTOR. Well, you ought to know without any help from

me.

By direction of the Chairman, the stenographer read the following:

Q. (By Mr. RILEY.) While testifying the other night, you slandered a lady. Do you wish to retract that now?

1. If I remember correctly, I simply said that this thing had been reported to me. I knew nothing about it. I knew nothing about the character of the lady in question one way or the other. The only thing I want to say is this, that it is the only thing I have said since I have been on the witness stand that I regret, or that, after mature consideration, I should in any way take back. I don't know as I could take back that, as it was merely a report of what was reported to me; but I would like to say this, that if I had stopped a moment to consider I would have thrown up the case here before I would have mentioned her name or any other woman's.

Q. I thought it was due to you, as well as anybody else, to give you a chance to retract. You didn't believe the report that was brought to you, then, did you, and you don't believe it now, do you?

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Mr. PROCTOR. Mr. Chairman, I think Dr. Cogswell refused to give that name.

Mr. RILEY. Dr. Cogswell is all right, if you leave him alone. His answer was all that could be desired.

Mr. PROCTOR. Well, that is all right then.

Mr. RILEY. But I will insist on the yes oi no to my question, and allow the explanation to come afterwards.

(The committee consulted Dr. Cogswell's former testimony on the subject.)

Mr. PROCTOR. Mr. Chairman

Mr. RILEY. Oh, no, no. I asked him a question and I demand an answer.

Mr. PROCTOR. I will not be bulldozeil. I claim my right to be heard.

Mr. RILEY. - I know your whole life is a claim; but most of it is a false claim.

Mr. PROCTOR. - Probably that is very funny.
Mr. RILEY. Yes; to the lookers-on.

Mr. PROCTOR. Well, I can assure you that it is just as funny to me as it is to them.

Mr. RILEY. — Now, I will go on with the examination.
Mr. PROCTOR. Well, pardon me; I addressed the Chair.

The CHAIRMAN. Well, once more I will ask the stenographer to l'ead Mr. Riley's two questions and the answer to the first.

The stenographer read the part referred to, as follows:

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(By Mr. RILEY.) While testifying the other night, you slandered a lady. Do you wish to retract now? A.

If I remember correctly, I simply said that this thing had been reported to me. I knew nothing about it. I knew nothing about the character of the lady in question one way or the other. The only thing I want to say is this, that it is the only thing I have said since I have been on the witness stand that I regret, or that, after mature consideration, I should in any way take back. I don't kuow as I coull take back that, as it was merely a report of what was reported to me; but I would like to say this, that if I liad stopped a moment to consider, I would have thrown up the case here before I would have nientioned her name or any other woman's.

Q. I thought it was due to you, as well as anybody else, to give you a chance to retract. You didn't believe the report that was brought to you then, did you, and you don't believe it now, do you?

Mr. PROCTOR. Well, why shouldn't he be allowed to answer the question in his own way, as long as it is responsive ?

Mr. RILEY. — No, sir. You can get all the explanation out of him that he is willing to give you when you take him in hand, but not 110w. Any question capable of an answer by yes or no must be answered in that way; because I regard those two words, “yes” and “no," as the legs of the English language, without which it cannot stand. Mr. PROCTOR. Well, I guess it is off its legs. (Laughter.) Mr. RILEY. It is when you handle it.

Mr. PROCTOR. Mr. Chairman, I don't think any such rule should be applied here. Mr. RILEY. - Of course you don't.

Mr. PROCTOR. I think the witness, who is a gentleman, and who is conducting himself as such, should be allowed to answer the question in a way that seems to him correct, as long as it is responsive to the question.

Q. (By Mr. Riley.) Now, did you then believe that to be true, and do you believe it now? Will you answer that, doctor, if you please, by simply saying “yes” or “no ?

A. I cannot.
Q. Well, you say you cannot ?
A. No, sir; I cannot.

Q. Well, of course you just now occupy so easy a position that perhaps you don't want to.

4. I am perfectly willing to answer the question, and it would not take a very long time to answer it.

Q. No; I don't like that way at all. You will pardon me.
Ă. Certainly. You are very pardonable ; but-

Q. There is no “but” about it. If I cannot get an answer by you saying simply" yes ” or “no,"I won't take any. You refuse to answer, do you?

Å. No, sir; I don't.
Q. You say you cannot answer it by saying yes or no?
A. I don't think I can.
Q. Why? Are you afraid to say either one or the other?
A. No, sir; I am not.
Q. Well, why don't you say yes or no?
A. Well
Q. Now, doctor-
X. I will explain to you.

Q. Well, before you answer that, I want to show you why you should. You either believed what was told you or you didn't. Ami I right?

Ald. LEE. — You mean to ask himn in regard to what Mrs. Whitney said?

Mr. RILEY. - He believed it or he didn't.

Ald. LEE. — Well, who was it? Who is it that you are talking about?

Mr. RILEY. – I think you must know what my question is.

Ald. LEE. Well, sometimes I don't believe I am on the earth when you are around.

Mr. RILEY. – Well, you happened to be on it last Tuesday night although it was a narrow escape. (Laughter.)

Ald. LEE. — Not quite so narrow as my independent friend. (Laughter.)

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