Case of wrongful death ? CSA Capt. Minor Winn Havis

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For all you (us) firearms collectors and enthusiasts .... here is one you have to read carefully. Post comments freely ...

If attorneys of past were sharp enough to file lawsuits there may have been no Smith & Wesson as we know it now.

S&W may have become bankrupt after a lawsuit by the family of a Doctor that accidentally shot himself with a "new" Smith & Wesson .38 Safety hammerless, while in a retail establishment examining it for possible purchase. The revolver that it is impossible to fire accidentally.

I first found this story many years back when searching the family lineage of my life long buddy / pilot of the same family name. Today it took about an hour for me to locate this story by ordinary search methods.

I came upon many Havis family names that fought in the Civil War, all but one serving for the Confederacy.

Background:

An experienced firearms expert, Capt. Minor Havis of the Confederate Havis Battery, accidentally shoots himself with the "new" 38 calibre Smith and Wesson "SAFETY" revolver, in November 1889. at age 60. This is one of the same guns that were subjects of sensationalized ads of the period touted as "impossible to accidentally discharge"

(reference link below)

so, here goes:

Death of Dr. Havis

"At about twelve o'clock Tuesday night, November 26th, Dr. M. W. Havis died at his residence in Perry, from the effects of a wound accidentally received last Friday morning.
The interment took place at Evergreen Cemetery yesterday afternoon. Dr. Havis having been an honorary member of the Perry Rifles, and that command being honorary members of the 1st Ga. Reg. Veterans' Association, of which he was an active and esteemed member, he was buried with military honors.

Six ex-members of the Southern Rights Battery, of which company Dr. Havis was Captain, acted by request as pall-bearers."

The fatal wound occurred at the hardware store of Hugh Lawson located on Carroll Street in the doctor's hometown of Perry, Georgia. Dr. Havis had been inspecting a new 38 caliber hammerless Smith & Wesson pistol; the pistol accidentally fired .

"the bullet entered the person of Dr. Havis, about an inch to the left of the spine, passing through the bone near the hip bone. Dr. Havis then started to walk home, but stopped at the post office. There in a short while Drs. J. B. Smith, D. R. Mann, H. M. Holtzclaw, L. A. Felder, of Perry and Dr. Joseph Palmer, of Oak Lawn attended him. The bullet was probed for, but not extracted, though ascertained to be in the abdomenal cavith (sic). Afterward, about an hour after the wound was received, he walked about 300 yards to his resinence(sic) accompanied by the physicians and several other friends.

At first the wound was recognized as a serious one, though a fatal result was not anticipated. Dr. Havis contended that the bullet was in his bowels, but he was convinced to the contrary.

At home he was constantly attended by the physicians, with the utmost care and skill, and several of his closet friends were with him during each day. At night two doctors were with him.

With the deepest solicitude the people asked often about his condition, and at no time, except possibly early Monday night, was death apprehended. He slept well the latter part of that night, and at noon Tuesday it was believed, and Dr. Havis so expressed himself, that the crisis had passed and that he would recover. Drs. Smith and elder were with him Tuesday night, when at about 11 o'clock a change occurred, and at 12 he was a corpse.

Dr. Havis was 60 years old last April, had been a resident of Perry about 50 years, and began the practice of medicine about 38 years. ago.

He was a man of thorough education, exceptionally able in the knowledge and practice of his profession, and of very strong convictions. Possessed of indomitable will, he was remarkably well preserved for a man of his age. He was a man of strict integrity, with an exceeding high regard for justice. Thoroughly honest in word and deed, he was charitable always, though sometimes apparently harsh. No man we ever knew possessed the confidence and esteem of his friends in a higher degree, and all who knew him were his friends.

He was a consistent member of the Presbyterian Church, a true Christian, a good man in the highest sense. He leaves of his immediate family a heart-broken widow and a nephew, who is an adopted son. His other relatives are five sisters and their families.

The profoundest sorrow prevails, for the community loses one of its best citizens, and our people a strong and steadfast friend. The bereaved ones have the profoundest sympathy of all our people.

A good man has been called to his reward."

Reference link:

Capt. Minor W. Havis
 

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I highly doubt Smith & Wesson would have been sued. Quote" The fatal wound occurred at the hardware store of Hugh Lawson located on Carroll Street in the doctor's hometown of Perry, Georgia. Dr. Havis had been inspecting a new 38 caliber hammerless Smith & Wesson pistol; the pistol accidentally fired ." How did it "accidentally fired". There is no such thing as an accidental shooting. It takes a deliberate act to cause any firearm to discharge. Lay a gun down and wait for it to discharge. You'll grow old waiting. There is no defense for this shooting, period.
 
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First thoughts - it was loaded, he pointed it at his abdomen (apparently), and pulled that nice long heavy trigger all the way back while doing so. Bad safety practices...

Also, this was in the day before sterile surgical technique, and his kind but unknowing physician colleagues probably aggressively probed the entrance wound (trying to extract the bullet) and may have caused him to die from infection. President Garfield likely passed away from the same "treatment" at about that time.
 
I agree that guns don't go off and shoot some one with out some help from somebody, either intentionally or through a careless act and that good gun handling practices will prevent negligent discharges. But, if the same thing were to happen today there would be a flock of very willing lawyers ready to get "compensation" for the survivors. There have been many lawsuits that received awards for far less.

Lots of things have ridiculous warning labels now simply because people have successfully sued for getting injured doing something stupid with a product. I bought an axe that had a warning label. Said that this tool can cause death or serious bodily harm. Gee, who would have thought!

American Motto, I got hurt, so, somebody owes me a bunch of money.
 
One of those oddball stories that makes one wonder just how silly a person can get - and a supposedly Highly Educated Man and a 'Firearms Expert'

Did he think ''Hmm, Safety Revolver eh? - Well, I'll just see if I can shoot myself in the Gut with it....'' Then in his staunch 1880s resolve, he goes for a walk on the Town; stopping by at the local Post Office and then ambles home unconcerned about his new little lead pal nudging around in his Bowel. I'm sure it was a secondary consideration to the state of his firmly Waxed Moustache, which may have also lost some condition during his Revolver Testing.
Survives the Civil War only to die of lead poisoning from a self inflicted wound sustained at the Local Hardware; not such a grand claim to fame.

As for Vexatious Litigants; the idea that the nearest person around is somehow to blame for our misadventures is just an extension of the 'I feel the World owes me a living' idea. No doubt fostered by the Legal Industry to tide them over in quiet times. To each his own I suppose.
 
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Exactly Why was A New Gun @ The Store Loaded? & Why wasn't it Checked Before Handing it To The Prospective Customer? I always Check for My Own Satisfaction that any gun handed to Me is In Fact Unloaded.
 
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I know Perry, GA. Small town, probably smaller back then.
What I find truly amazing is this guy had FOUR doctors attending him. FOUR!?!?
I'm surprised Perry had four doctors.

On litigation-
I doubt the family considered suing. They would not want it publicized that anyone in the family was THAT stupid. :eek:
 
Too late ?... Whats the statute of limitations for a wrongful death lawsuit ? ...ha ha ....snark :(

PS perhaps my 7th infantry CO. E CSA relatives can sue for injuries sustained from Yankee arms fire during the civil war ? Wink ;)
 
Ok, consider this :)

The point of entry was "about an inch to the left of the spine," i.e. the back.

He accidentally shot himself in the back? Maybe he was twirling the revolver, or seeing how fast he could draw from his rear pocket? Or perhaps someone else shot him by accident? Note the past tense in the article where it says he "had been inspecting" the revolver.
 
As gmiller asked, why was the gun loaded? If folks back then were as litigious as they are today, the first one to be sued would have been the hardware store. S&W would be next as they had the deeper pockets.

The claim made regarding the safety hammer less takes into account that the arm cannot be discharged accidentally as by dropping. It can only be fired with "someones" hand on the back strap and therefore either the Dr. or one of the store employees had to have the gun in hand.

S&W never claimed that the gun wouldn't go off at all otherwise it would have been sold as a paperweight and not a firearm.

Assuming that S&W was sued, due to the comparative wealth of Messrs. Smith and Wesson and the Smith and Wesson Company, I believe that their team of lawyers would have prevailed.

At age 60 and a Dr. is it possible that due to some undisclosed illness that the good doctor committed suicide but tried to make it look like an accident????? Was there a large life insurance policy? Was he a member of the NRA and looking to cash in on a firearm related accident?

Until the time machine is invented and we can go back and take a look at these historic events, we will never know. ;)
 
Thanks Don. I didn't take into consideration the year and was merely answering a generic question regarding possible lawsuits.

Regardless, this is still an interesting story as this firearm had to have been in someones hand in order to fire.

I really do hope that there is a microfilm machine on the other side that will allow folks to go back and review events in their lives as well as look at historic events of their choosing.

Imagine being able to go back and look at civil war battles or see what really happened to the dinosaurs. Hope they have popcorn too. ;)
 
Depending on where you go, up, or down, I think you'll have stone tablets, not microfilm machines. I know one of the locations will be devoid of lawyers!

That could be an interesting topic for another thread. There HAD to be many lawsuits brought against Smith & Wesson from inception to about 1960.

Also, others filed by S&W against other firms / companies / people beside the Rollin White patent defense cases.
 
I'm sure most of you have seen these, but for those that have not, here is some advertising from that period.




I think these period advertisements represent the mentality of the day, which unfortunately helped lead to the good doctors demise.

WB
 
Sounds like a 19th century Darwin Award nominee.

May have been so but think of what truly may have occurred.

Would a Southern Gentleman and deacon of his church, who was a Civil War veteran, admit to an accidental discharge ? In the back or was he covering for someone else ?

Wording is very sketchy and evasive.

Then he could have just been a pompous, awnry, old hoot (as the article hints in nice words ) that was just so comfortable (and know-it-all) with firearms that he screwed up ?

It all yields to the literary style of the day which no one had a better handle on than Mark Twain. :)
 
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Thanks for an interesting thread. News accounts of the day were notoriously inaccurate. My reading was that the good doctor was shot in the lower abdomen. The bullet missed the spine -- accessible from the front & side as well as rear -- and lodged in his hip bone. Amazing tolerance to shock that he walked away.
 
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