Cleared by a Thumb

1910

The guilt or innocence of an army veterinary surgeon, accused by a soldier of assault at Pontivy, France, rested on the question whether or not the accused man sucked his thumb after the soldier had accidentally inflicted a slight wound.

While M. Berland, the veterinary surgeon, was performing an operation on a horse's leg at the barracks of the Second cavalry regiment at Pontivy, a trooper who was holding down the horse inadvertently scratched M. Berland's hand, in consequence of the horse moving suddenly. The surgeon examined the scratch, and then administered a sound box on the ear to the soldier, who received the punishment in silence, but later complained to an officer.

The court-martial spent considerable time in ascertaining whether the choleric surgeon struck the trooper suddenly, without reflection, as a person might do after having a corn trodden on, or whether the blow was given deliberately, after Mr. Berland had time to reflect. On learning that M. Berland did not stop to suck the wounded thumb before boxing the trooper's ear, the court decided that the blow was not premeditated and he was acquitted.