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William McKinley: Malpractice Lawyer

   
 

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As an attorney, McKinley once used of medicine's oldest techniques to win a malpractice suit brought against his client, a surgeon.

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From [7d]:
Had not politics early attracted President McKinley, he would without doubt have attained eminence as a lawyer. His pursuit of the law was marked with the same fidelity that characterized his every undertaking, and at the bar he won not only success, but popularity as well. An incident in his career as a lawyer is related as follows:
One of his cases long remembered was when he was pitted against John McSweeney, then considered one of the most brilliant lawyers of the Ohio bar. The case was a suit for damages for malpractice, the plaintiff charging that a surgeon had set his broken leg in such a way as to [start page 431] make him bow-legged on that side. McKinley defended the surgeon. McSweeney brought his client into court and had the injured limb exposed to the view of the jury. It was very crooked, and the case looked bad for the surgeon. McKinley had both his eyes wide open, however, and fixed them to good purpose on the man's other leg. As soon as the witness was turned over to him, he asked that the other leg should also be bared. The plaintiff and McSweeney vigorously objected, but the judge ordered it done. Then it appeared that his second leg was still more crooked than that which the surgeon had set.

"My client seems to have done better by this man than nature itself did," said McKinley, "and I move that the suit be dismissed with a recommendation to the plaintiff that he have the other leg broken and then set by the surgeon who set the first one."


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  1. Bensley EW, Bates DG. Sir William Osler's autobiographical notes. Bull Hist Med. 1976; 50: 596-618.

  2. Boller, Paul F. Jr. Presidential Anecdotes. New York: Oxford University Press, 1981. ISBN 0-19-502915-1 @ Amazon   [a] p. 189 [b] p. 188 [c] pp. 189-190

  3. Braisted, William C.; Bell, William Hemphill; Rixey, Presley Marion. The Life Story of Presley Marion Rixey: Surgeon General, U. S. Navy 1902-1910: Biography and Autobiography. Strasburg, VA: Shenandoah Publishing House, Inc., 1930.   [a] pp. 51-70 [b] pp. 71-82
        Rixey was the White House physician for both William McKinley and Theodore Roosevelt.

  4. Brooks, Stewart M. Our Murdered Presidents: The Medical Story. New York: Frederick Fell, 1966.   [a] pp. 148, 152, 170
        LCC call number R703 B873 1966.

  5. Butt, Archibald W. Taft and Roosevelt: The Intimate Letters of Archie Butt, Military Aide. Garden City, NY: Doubleday (1930). Volume 1: pages 1-432. Volume 2: pages 433-862.   [a] pp. 733-734
        Butt, an Army officer, was military aide first to President Theodore Roosevelt and then to President William Taft. On April 14, 1912, Butt was at sea aboard the Titanic returning from a European vacation that Taft had insisted he take. President Taft later said: "When I heard that part of the ship's company had gone down, I gave up hope for the rescue of Major Butt, unless by accident. I knew that he would certainly remain on the ship's deck until every duty had been performed and every sacrifice made that properly fell on one charged, as he would feel himself charged, with responsibility for the rescue of others." Taft was correct. Butt did not survive the sinking.

  6. Fisher, Jack. Stolen Glory: The McKinley Assassination. Alamar Books, 2001.

  7. Halstead, Murat. The Illustrious Life of William McKinley, Our Martyred President. 1901.   [a] pp. 114-121 [b] p. 320 [c] pp. 428-430 [d] pp. 430-431

  8. Page, Susan. Time-tested formulas suggest both Bush and Kerry will win on Nov. 2. USA Today. June 23, 2004.
        Accessed through usatoday.com: http://www.usatoday.com/news/politicselections/nation/president/2004-06-23-bush-kerry-cover_x.htm

  9. Pendel, Thomas F. Thirty-Six Years in the White House. Washington: Neale Publishing Company, 1902.   [a] pp. 156-157 [b] p. 160 [c] p. 166 [d] p. 161
        Pendel was door-keeper at the White House from the time of Lincoln to the time of Theodore Roosevelt. Full text is available on-line at loc.gov. It's a rather dry book, and reads as if it were written by an old man. http://memory.loc.gov/cgi-bin/query/D?lhbcbbib:1:./temp/~ammem_rEou::

  10. Rixey, PM; Mann, MD; Mynter, H; Park, R; Wasdin, E; McBurney, C; Stockton, CG. Death of President McKinley. J.A.M.A. 1901;37:779.

  11. Rixey, PM; Mann, MD; Mynter, H; Park, R; Wasdin, E; McBurney, C; Stockton, CG. The official report on the case of President McKinley. J.A.M.A. 1901;37:1029.

  12. Seldes, George. Witness to a Century. New York: Ballantine, 1987. ISBN 0-345-33181-8 @ Amazon   [a] pp. 28, 382

  13. The William McKinley web page at the White House.

  14.  (5 matches when checked in November 2003)
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