The Express.
London, England, 1866-11-29 00:00:00

THE • EXPRESS, THURSDAY EVENING, NOVEMBER 29, 1866.

the state of Ireand—(hear, hear)—there was the reorgan-
isation of the army and navy, there wee the administration
of the Poor-law, there was the insecurity of the holders of
railway property—(laughteri—l es'das various other queer
time affecting the church and education. Whether
the government of Lord Derby were allowed or not
to deal with these questions, the conservatives
must not shut their eyes to the f.ct that they
were in a very considerable minority in the
House of Commons ; at the same time there had
never been the same amount of difference in their ranks as
existed in the rauks of the opposite party, while they
would also receive support from a large amount of the edu-
cateatpublic opinion of the country. To that large class who,
without taking any very active part in politics, still loved.
and revered the constitution, he (Lord E. Cecil) would con-
fidently appeal ; and to conservatives he would say, adopt-
ing nearly the seine language as was used at • great
ce
meeting at Birmingham not very long sin, " Remember
the object for which we strive ; care not for calumnies or
for lies ; oar object is to uphold the British constitution,
with all its freedom, for the British people." (Cheers.)
The CHAIRMAN proposed " Prosperity to the Mahlon
Conservative Club," and after some humorous observations
at the expense of the local liberal party, who, he said, at a
recent meeting appeared to show extraordinary despon-
dency as regards tfie past, and considerable apprehension
as regards the future, the hon. gentleman added that there
was nothing in conservative principles, or in the past policy
of the conservative party, to prevent them dealing with
the whole question of reform in a comprehensive spirit, or
to prevent them bringing in a Reform Bill at once more
genuinely liberal in its details and more in accordance
with the ancient lines of the constitution than the bill of
last seion. That was all either his friends or his oppo-
nents would get from him on the subject of reform.
(Laughter.) Ins esteemed colleague Sir Thomas Western,
at a meeting at 3laldon last week, had remarked that he
(Mr. Du Cane) had indicated with very considerable signi-
ficance at Castle Hedingham what might be expected in
the matter of the malt tax ileum his iiiends now in power.
Well, what he did expect from his itiends now in power
was that in all matters of taxation the claims of the agri-
cultural interest to share fairly in the reductions made
should be fairly considered ; and if be had thought that
—provided the finances of the country allowed it—the
present government were not prepared to deal fairly with
the agricultural interest in the matter of the malt tax, he
for one should not have felt himself at liberty to accept
office. With • considerable doubt hanging over them as to
whether there would be a sufficient surplus to enable them to
deal satisfactorily with the malt tax, and with • large majo-
rity hostile at this moment to any proposal for the reduc-
tion of that tax, it would not he wise for her Majesty's
government to embarrass their position and court certain
defeat ; to do so would be fatal not merely to the exis-
tence of the present administration, but also in the long
run to the cause of malt-tax repeal. Ills friend Mr. Sand-
ford lad alluded to certain matters connected with our
naval expenditure. Be would undertake to deliver Mr.
Sandford's message word for word to Sir John Pakingtun,
and he had no doubt that Sir John would answer that
message in the way that Mr. Sandford would most like
him to answer it, viz., in his place in parliament, in pro-
posing the navy estimates for 15(17. In other matters be
(Mr. Du Cane) trusted that Mr. Sandford would find that
the present government had a due regard for the honour
and the good name of the country over which it pre-
sided. (Rear, hear.)
" The health of the Chairman," " Prosperity to the
town and trade of Malden" and several other local toasts
followed.

It

:nut.

-
COURT OF QUEEN'S HENeßi—Nov. 28.
After Term Fist 'Prim sittings st Westmnster.-11efore
the Lord Chief Justios and Special Juries.)
EIMER r. SHARPS—LIBEL.
After our report left yesterday,
The deposition of Mr. L. C. Duncan, barrister, practis-
ing at the American bar, but staying at the Langham
Hotel, was put in and read. He stated that whilst in
England he suffered from bronchitis, and was successfully
treated by Dr. Hunter.
The deposition of Mr. Myer, broker, of New York, was
read. He !suffered from consumption. lie was success-
fully treated by Dr. Hunter.
Other depositions were put in and read.
Mr. Edward Mou.ncey—l reside near Uxbridge, and in
the autumn of 18641 consulted plaintiff for asthma. I had
been suffering from it for some time before consulting the
plaintiff ; it was so bad that I had to get up at nights for
relief. I was under plaintiffs treatment for six months,
and I pursue Lai treatment now when I get cold.
I have
found great benefit from it. He carefully examined and
treated me. I paid him a guinea for the examinetion, and
five guineas a month afterwards, including everything. I
read his book, and from it I imagined he was a New York
doctor.
Cross-examined—I saw his advertisements in the news-
papers. I was given to understand from medical men
that asthma was a thing not to be cured but to
dose.
be borne. I
was told by plaintiff that there was oxygen in every
I used to inhale three times a day at first, and afterwards
less frequently. I occasionally see him, but not to consult
him, lam so much better. I like to have some medicine
by ins'
Major Hughes, of the Bengal army, had suffered from
bronchitis ; and had camtulted 'some of the most eminent
medical men, but without deriving any benefit. Dr.
Hunter's mode of treatment had been beneficial. I gained
gibs. weight the first month, and 171bs. at
hthe elth d
ared
f
the second month, with corresponding ea
strength. At the end of three months and eleven days I
increased 211bm, which was the ultimatum. (Laughter.)
The bronchial affection was greatly relieved. Before con-
sulting Dr. Hunter I suffered much at night. I was
almost choked with mucus streaked with blood. Wen I
went to him I could scarcely walk, but after theh first
month I was able to take a four or five mile walk with
ease, My affection is not cured but considerably improved.
I went to him a second time, but he did not relieve me so
much as the first time ; the benefit then was wonderful.
lam now under him, having caught • fresh cold. I paid
him a guinea for the first examination and five guineas
a month afterwards.
Crosse
is weight has since decreased Ms.,
but there is a clear gain of 141bs. from the first commence-
' meat The treatment had a very sooth that I
g effect. A
medical man of eminence told me he was surprised
had survived taking cod liver oil for eight months.
Re-examined—The loss of 'ribs. in summer mightbe attri-
butable to my dress being lighter. (laughter.)
By the Lord Chief Justice—l weighed at my club, the
OrientaL
Mr. George Seymour—l live at Arundel-gardens, and
I am oneof the firm of Seymour, Peacock, mdCo. , shipowners,
Fenchurch-strect. Suffered from chronic asthma. In the
autumn of 1891, I consulted the plaintiff. I had before
consulted many eminent medical men, but without success.
Plaintiff examined and prescribed for me, and I have been
under his care very nearly ever since. He has done me a
great deal of good. I am perfectly satisfied with Dr.
Hunter, his treatment, and charges. I have had several
acute attacks of the lungs in the intervals, sndhe hastreated
me with success. lie did not then have recourse to in-
halations. He also treated my nephew moat !successfully,
having made a perfect cure of him: it was an affection of
the mucus membrane of the head or nostril. A young
lady a relative of my wife's was much benefited by his
treatment of her for asthma.
Re-examined—I tried homeopathy for some time, and
then gave it up, not deriving any benefit.
Colonel Thurburn—l was a lieutenant-colonel in the
Indian army. I had a kind of catarrh in my nose, and had
been under treatment for it for years without success. In
the autumn of 1864 I consulted Dr. Hunter. I was under
him for three months, and derived benefit from his treat-
ment. My wife also consulted him for a bronchial ntfec-
lion, and she got better. We were much pleased with his
treatment, and satisfied with his charges.
Mr. Reeve, of WinterborneMoncktan , an extensive farmer,
suffering from dry asthma ; Mr. Dann, of Reigate, the
first mayor of the borough, and now an alderman, sufftling
from asthma ; Mr. Robinson, of Chalfont St. Giles,
farmer, suffering from bronchitis; Mr. Edward. Conder,
Baltic-wharf, Kingsland-road, suffering from asthma ; Mr.
Lee, editor of Bell's Weekly Messenger, suffering from
asthma ; Mr. James Ives, 61, King William-street, in the
American trade, suffering from malignant catarrh ; Mr.
Buns, tailor, Holborn-hill, suffering from spasmodic
asthma in a very severe form ; Mr. H. Cowper, Canadian
barrister, residing at Toronto, suffering from chronic
catarrh ; Mr. Hornby, residing at Swindon, chief clerk of
the locomotive department of the Great Western Railway
Company, suffering from an affection of the lungs from
bronchitis, gave similar evidence.
This was the plaintiff's case.
Mr. Karslake then addressed the jury on behalf of the
defendant, and proceeded to disabuse their minds from the
prejudice which the plaintiff's counsel had endeavored to
import into the case against the defendant. The article
had reference to the position of the rlaintiff in this coun-
try, and his mode of carrying on butnness was a matter of
fair comment, and that was all that had been done in
this instance. Allusion had been made to the mode of ad-
vertising in America, but it was not one, as had
been insinuata.sl, which it was the practice of the
medical profession in that country to pursue. The
book contains a series of letters and documents,
all having reference to the letters plaintiff received
from time to time ; and it would be found that in
the advertisements were letters from persons thanking
him for the relief they bad derived from his treatment.
That practice he adopted in America to obtain patients,
and he was associated there with Dr. Melville in carrying
on his practice. There could be no doubt that the plaintiff
had come to this country for the purpose of pushing his
system. The learned counsel then referred to the high cha-
racter and position of the members of the American medical
profession generally, and the effect of the Medical Regis-
tration Act of 18.18, observing that the public, however,
paid more respect and attention to an English than a
foreign degree. To prevent the unwary from being en-
trapped the legislature passed that act, and the plaintiff
well knew he had no right to append M.D. to his name in this
country without having first passed an examination. The
learned counsel then refereed to the plaintiff's practice in
America, and coming to the issue of the book in this
country, alluded to the prefaces published in it, written
by Dr. M'Gregor and Dr. Melville, red asked whether on
reading them the public ld have the slightest idea
that they were written by the plaintiff's assistants, who
were remunerated by him at the rate of 10/. a month for
their services. The preface to this valuable discovery and
the condemnation of the present practice were written by
a person who made the plaintiff's acquaintance by means
of an advertisement, and after a short acquaint-
ance of a few weeks. Besides Dr. Hunter, Dr.
Melville, and Dr. M'Gregor, no medical man
had been called to prove that he had given
in his adhesion to this system, as was stated in the
preface to the third edition. Dr. Hunter gives an account
of the immense admiration his system had received from
the profession, and in his instances he mentioned Dr.
M'Gregor, the person who wrote the preface, and was
associated with him. And further, it was shown by the
evidence that the plaintiff set him up in Dublin, and paid
the expenses of publishing the book, and the advertise-
ments in the newspapers. The army surgeon who was
said in the book to have resigned his commission to adopt
the practice was Dr. Willes. The four medical men
spoken of as required to carry out the system were the
plaintiff, Dr. Melville, Dr. M'Gregor, and Dr. Willes, and
a Dr. Munn, who was a relative, and had gone to America
for the benefit of his health. The representation held
out by the preface of the book was that Dr. Hunterwas the
only man who could cure consumption at the rate of
5/. a month. He charged Dr. Hunter, which was the
scope of this article, with having, bythe use of exaggerated
symptoms, and, in some instances, in having put forward
false statement,: and false data, induced a system of terror
in the minds of those who might read the advertisements
and the hooks, and to make them think that whenever
they had the slightest cold they must be labouring under
some stage of consumption, and that their only chance
was to come to him, the recognised medical practitioners
of this country being too ignorant to treat them. It was
extremely gratifying, no doubt, to sufferers to read these
Battering promises, and the case of the Countess Redo-
linski was put forward to show how consumption might
be cured in a fortnight without seeing the patient.
If the pl-intiff wrote his book to popularise the system, he
ought to have been careful how he excited the minds, and
terrorised over the fears of those who laboured under dia-
-1 ease, and therefore he (the learned counsel) pressed on them
I to examine well the contents of the hook, because they
I would find that notwithstanding inhalation bad been re-
fared to by medical writers, that page after rage they
would read it with the belief that the plaintiff was the
founder of a new era in medicine by the inhalation process,
and was the only man who had made consumption is spe-
ciality, and could successfully treat the malady. The
learned counsel then humorously critised the symptoms
laid down in the book, observing that even if they saw a
plump young lady with a good colour, with a dis-
position to sigh, they might set it down almost as certain
that the lungs were affected, and that she had the seeds
of disease. Mothers' fears were excited with regard to
their children, and then followed symptoms which half
the children running about the streets might be said to
exhibit, and the parent who neglected them would be
guilty of cruelty by not taking advice, and, above all
means, go to Dr. Hunter, and not an ordinary medical
practitioner. In one of the editions the plaintiff objected
to medicines being poured into the stomach, but he had
never used his inhalants without pouring medicine into
the stomach ; but in the same work he contradicted him-
self, saying he gave medicine under certain circumstances,
though rich soups were more palatable and beneficial.
Cod liver oil was condemned as worse than poison, but still
be used it when necessary. Any medical man treating con-
sumption without cod oil would be doing that which
would accelerate rather than retard the progress of the
disease, and a more mischievous statement with reference
to the beat of the pulse could not be conceived. Its was an
entire mistake on the plaintiff's part that there such

-----------------
a largo quantity of pure carbon in the tubercles which
required to be oxygenised, and medical men would be
called en that point to show the plaintiff's error in that
respect. In every medical work,when a medical wend stated
that he had made • discovery of a particular n. or a
new mode of practice, he showed the partiaulars,but in this
hook there was no ment;on of any single ingredient,
or the mode of operation by which it was pro-
posed to carry oat its beneficial effects, but it was
carefully concealed by the plaintiff, his system being to
advertise for patients, and having got them, keep them to
himself. The first part of the libel deals with the modern
a7atem of puffery and advertising, and if he had, by pub-
lishing these semi-scientilic Zeclarations, induced patients
to come t, him under the impression that they were suf-
fering from pulmonary complaints, which be only could
cure, then the statements contained in the article were
most folly justified and authorised ; and having done t
that
he must expect to be criticised. His charges were no doubt
high, and that his practice was lucrative was shown by
the large sums he was able to pay for advertising. No
one could doubt that Dr. Hunter, to catch the eye of the
unwary had left out his M.D. of New York and licentiate
of Canada, so as to induce a belief that he was an
`English
M.D., which was a pernicious practice, and l
demised by the article in question. That Dr. Hunter had
laid himself open to be commented on there was nod oubt
and if beside that you find an attempt to set up a system
well known, and running down the ordinary practitioners,
implying that there was no safe person toga ide the public
in the treatment of the disease -but Dr. lffunter, he ven-
tured to say that the article was by no means too strong.
Inhalation was old with respect to asthma, and of the pa-
tients calledthere had not been one produced whohad been
cured or relieved of consumption by the use of oxygen by
inhalation. The main part of the question rested on the
book and the advertisements ; but he should call evidence
and produce eminent medical men. The Pall Nall
Ga:ette, having been put upon its trial, would show them,
be hoped satisfactorily, their reason and grounds for
what they had done.
The further hearing of the case was then adjourned.

COURT OF PROBATE AND DIVORCE.
Nov. .
(Before the Judge Ordinary.)
LANIRELL P. LAYRELL OTHERWISE JONES.
Dr. Spinks, for the family of the deceased, sharply crow-
examined the witnesses, but gave no evidence to rebut
their story.
The court thereupon pronounced in favour of the widow,
with cots.
The rest of the day was taken up with probate causes of
no public interest.

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