The Sun.
London, England, 1837-02-10 00:00:00

either noxious, poisonous, or fatal. The charge had been
made—they would see how it bad been dealt with on the
other side—and then they (the Jury) would know how to
deal with it. He knew of only two instances to which his
Learned Friends could refer, to prove the fatal consequences
which had arisen from these pills. But, as be bad before
stated, it was impossible that there should not be some fatal
cases, where a medicine was in such universal use. One of
these instances was that in which a person of the name of
Richards, who took the rnAlcine in York, and died in conse-
quence ; and the person who administered the medicine—a
man of the name of Webb—w6s coovicted of manslaughter.
There was a similar allegation in the case of a person of
the name of Mackenzie, who also took the medicine, and
died, when the agent who administered the medicine—a
person of the name of Salmon—was also tried and con-
victed of manslaughter. These he believed were the only
two cases on which the other meant to rely in support of
their ease—these were the only two specific instances
brought forward to prove the noxious and poisonous na-
ture of this medicine. That men had died who had taken
this medicine could not be disputed. His Learned Friend
might have proved that others had died also while
taking these pills. We hardly know any other
medicine in the whole Pharmacopoeia of which the
the same might not be said. Men will die in spite of me-
dicine and physic, but that was no reason why physicians
should be murderers, and medicine poison. It was impos-
sible to show what might be the consequence of the misap-
plication. of medicine ; but he must tell the Jury that in a
case of this nature they must look with considerable jea-
lousy at any evidence which should be given by, any mem-
bers of the medical profession. It was far from his wish,
and contrary to his general practice, as well as repugnant to
his feelings, to speak with the slightest disrespect of that most
valuable, important, and respectable body, the professors of
medicine in this county. But when he told them of their
high character and respectability, he must add that they
, still were but men, and liable like other men to be led
away by preconceived opinions. In a case of this nature
especially, it was the duty of the Jury to look with caution
and circumspection at any evidence that might be given,
knowing as they must do, that a strong prepossession
existed in the minds of medical men against the plaintiff;
and that they had every inducement to put down a system
which was inconsistent with their own, and on the ruin of

which their own would be exalted and established. He did

not suppose that any such attempts would be made in the
present instance, but if any such were made, the Jury
would attribute it to its proper motives. He dared to say,
however, that the evidence most relied on by his Learned
Friends, that' the two cases most relied on, would be those
he had mentioned of Richards and Mackenzie. But
his Learned Friends would be surprised to hear that,
in those instances, the persons who administered Mr.
Morrison's medicine, were regular members of the medi-
cal profession. An attempt would be made to esta-
blish that part of .the plea which stated that this me-
dicine was composed of gamboge and aloes. What it
was composed of he did not pretend to know, but he could
tell his Learned Friends, and he hoped to be able to con-
vince the Jury, that whatever number of medical witnesses
might be in attendance—whatever means might be taken to
represent that these were the only two ingredients in the
medicine—and whatever attempts might be made to judge
of the medicine by its effect, he could assure them that
these were not the sole ingredients in this medicine. He
would, however, pass over this part of the case, and would
make a few remarks on the latter branch of the libel. It
appeared that these libels were directed not so much against
the system of Mr. Morrison as against Mr. Morrison him-
self, with the view, necessarily and ultimately, of injuring
the plaintiff. They charged that the plaintiff had become
insolvent. It had happened that Mr. Morrison, in the
course of his business, went to France at the time
when this attack was made. It appeared that in his
absence there was a strike for wages among his work-
men, and then came forth this foul and malignant
libel, stating that Mr. Morrison had absconded—that
he had left no means for paying his workmen ; that the
work was at a stand, and the concern on the brink of in-
solvency. Every word of this was absolutely false. The
defendant was bound to prove the truth of them, for on the
truth of them rested the foundation of his libel. He hoped
when they took into consideration the whole of the case,
that they would do justice to the plaintiff. He hoped that
they would consider the malignancy of the attacks that had
been made upon him, the utter want of foundation for
those attacks, the injury which the .plaintiff had suffered,
and was likely to suffer. He hoped and trusted that they
would do the plaintiff full justice.
No witnesses having been called in support of the action,
Mr. SergeantWlLDE rose and said he had never been taken
more by surprise. He had never anticipated the plaintiff's case
should have been allowed to rest on the mere speech of
Counsel. How his Learned Friend could justify this as a
fair mode of practice—how he could have made such state-
ments as he had done—without the least attempt to prove
any part of them,. he (Mr. S, Wilde) was utterly at a loss
to imagine. His Learned Friend had made statements
about rival newspapers—about practical chemistry—and
about the discoveries of Mr. Morrison. What right had
his Learned Friend to puff Mr. Morrison and his concern
to the extent lie had done, without the least attempt at
proof? His Learned Friend had not spoken at any great
length, or dwelt with any satisfaction on the two cases in
which a Jury of twelve Englishmen 'had returned verdicts
of manslaughter. His Learned Friend had reserved all he
had to say until there could be HO opportunity of replying.
He did not know how his Learned, Friend could justify
such conduct as this—how his Learned • Friend could
make such statements, without the shadow of an attempt
at proof, and travelled thus far out of the record. Ile
would venture to say, that the libel of which the plaintiff
made such complaints, was nothing but a fair and justifiable
criticism on the subject on which it treated. His Learned
Friend stated that it had no connection whatever with the
merits of the subject which it purported to criticise. Now
lie (Mr. S. W.) could not conceive a greater slander than
to assert that a certain course had been taken to ruin an
individual, and to injure the public, by crushing a system of
medicine which it was alleged conduced so much to the
public health—he could not imagine a greater slander than
this. His Learned Friend alleged that tens of thousands
of persons had profited by the success of Mr. Morrison's
invention. Why, his Learned Friend must have been read-
ing the manuscript of some future puff of Mr. Morrison's.
—(Laughter.) He would fisk was not this the language
which the most impudent quacks constantly used ? And
yet his Learned Friend did not offer any evidence in sup-
port of his assertion. He could not have imagined that
the case would have been left in this way. He could as
soon have expected that his Learned Friend would have
left it to the jury upon the two indictments on which the
agents of Mr. Morrison and the vendors of his pills were
convicted of manslaughter. To show the impudence and
ignorance of the persons who manufactured this medicine,
was it necessary to say more than that they pre-
tended to cure all diseases whatever ? The charges for
which this action was alleged to have been brought, had
been often made before ; and why, he would ask, had they
not brought their action sooner? They had waited and
watched until something should have been introduced re-
specting Mr. Morrison apart from his pill box.—( Laugh-
ter.) They relied for a verdict on this, and the Jury
might be sure that if they got a verdict they would en-
deavour to make the world believe that that verdict esta-
blished the merits of their pills. They would take care
that this would go forth to the public, and this was the
reason why they had not brought their action sooner. This
was why his Learned Friend had divided, his case into two
parts, but his Learned 'Friend's clients would take care that
the world should forget the distinction which he had at-
tempted to draw. This was an extremely important case. He
did not think it was important as concerned Mr. Morrison,
because the world would not pay that attention to it which
he thought it deserved, and he doubted not but that the
church-yards would be able to bear an equal testimony to
the merits of Mr. Morrison's pills that day twelvemonths ;
nothing would prevent the world from being imposed upon.
It was perfectly idle to suppose that from any thing that
might transpire there that day, the fame of Mr. Morrison's
pills would be in any degree diminished, or his business in
any way injured. It would perhaps be' made a further
ground for the purpose of misleading the public. He must
again say, that he never before knew a case of such a na-
ture offered to a Jury without any evidence to support it.
But perhaps his Learned Friend meant to call witnesses
afterwards ?
Mr. KELLY—You shall see.
Mr. Sergeant WILDE—He should see ? He begged to say
lie undoubtedly would object to any such thing. The plaintiff
brought his action, and alleged in his declaration . that he
was the manufacturer of the pills in question, and that he
carried on the business of vendor and manufacturer of law-
ful medicine. He stated this on his declaration. The de-
fendant denied this. The defendant alleged that the in-
gredients of this medicine were of a dangerous and poiso-
nous nature, and that the greatest caution and discretion
and skill were required in the use of them. Now it appeared
that more than one person had been convicted of mansraugh-
ter for the use of these pills. They were convicted because
they did not understand the use of the pills ; and to whom
was this to be ascribed ? To the College of Health,
which advertised its agents by name—persons who were
wholly incompetent, but who still obtained the sanction of
the College of Health. But it was said that the pills had
never failed. Was there, he would ask, no distinction
to be observed in the administration of these pills ?
It was stated that 30,0001. worth of these pills were
sold every year, and that there had nevertheless been no
instance of failure. If his Learned Friends meant really
to meet this case fairly, they would have done so in a dif-
ferent manner, They must look at the evidence that
would he brought beffire *fl! prl4 R9t .q the 411491PQf
speech of cougsej. 4s to the countity of medicine said