The Sun.
London, England, 1849-08-15 00:00:00

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[PRICE 6D.

him forJid magnesia, but distinctly remern,
Jered his askinefor a calomel pill; thought Mr. Griffiths
asked his advice. He complained of headache, flatulency,
and heartburn. lie could not say whether they had
`surrey's flui3 magnesia on the premises at the time.
.prom salts was not fluid magnesia. He could not re-
ember the name of the patient from visiting whom he
just returning when he found Mr. Griffiths in the
shop. Remembered Mr. Griffiths mentioned fluid mag-
nesia, while he bad the bottle of mixture in his hand
and was pouring it out; will not swear that Mr. Griffiths
did not ask for Murray's fluid magnesia. Mr. Griffiths
said "You shall not make the pill for me— have • you given
me wrong."
Alexander Jackson stated that he was the apprentice
of Messrs. Lunn and Walford; he remembered the
plaintiff coming to the shop, and thinks he said he wanted
some advice. He remembered the plaintiff saying after
he bad taken the dose, " I isesh you had given me what
I asked for;" and also remembered that he said "I won't
have the pill, you have not given me what I asked for."
He cannot swear that he remembered hearing plaintiff
ask for Murray's fluid magnesia, but will not swear that
he did not ask for it.
Mr. Lunn, of the firm of Lunn and Walford, said that
he was a chemist and druggist, and in partnership with
Mr. Watford. The y had Sir James Murray's fluid mag-
nesia in stock on the Ist of April. They obtained it
from Mr. Edwards, St. Paul's Church-yard. He does
not sell much of it, as he generally sells his own pre-
parations, which pay him better.
Cross-examined by Mr.GaireTries—Begged distinctly
to state to the court, that he did not profess a knowledge
of anatomy, or the practice of physic; was not a surgeon
and did not wish to be examined as one. He was a
chemist. Mr. Griffiths—Very well, Mr. Lunn, we will
examine you as a chemist then. [The discussion as to
the elements of Epsom salts, and the true properties of
sulphates, carbonates, and bicarbonates of magnesia, here
became so animated and exciting between the various
medical witnesses, and Mr. Lunn and Mr. Griffiths, botk
of them operative chemists, that the judge, the jury, the
court, and even the cause itself seemed to be forgotten,
and we might have fancied ourselves present at a
scientific reunion ; when, on a sudden, a very
nave offer made by Mr. Griffiths in the excite-
ment of the discussion, that the jury should test the two,
by taking a dose of the Epsom salts and a dose of the
fluid magnesia, convulsed the jury with horror and the
court with laughter. This trial, by ordeal, was, it is
needless to say, declined, with great energy, by the gen-
tlemen of the jury—and the examination proceeded.]
Mr. Griffith: Mr. Lunn, as an operative chemist, do
you know a bottle (if-Murray's fluid magnesia when you
see it? Yes.--Do you keep it in your shop? I do.—
ay you
salts?
Tt e
hl le( thei.at ar jurynit.
Do you sell much ot it? No.—How is this? I sell my
own preparations, which pay me much better.—Now,
whether
—ls
nut.—Do
rE)r. paoysuc. ismn
isauakildet s
magnesiaar
alle
)fl,ouuidr
own preparations? No.—What do you make? Those
preparations that pay me best.—That I was aware of,
sir, hut that is no mime/. to my question. Do you make
the preparations of opium, morphine, and so on?
Epsomisnire:gwnei will
Extracts? No.—llasters? No.—Paregoric and syrup
of rhubarb, I suppose you do make? Yes.—Pray, Mr.
Lunn, are you a member of the Pharmaceutical Society?
I am not.—Not a member of the Pharmaceutical Society;
oh, indeed! I shall not examine you any further then.
Mr. Griffiths (the defendant's case having now closed),
in reply said, may it please your Lordship and gentle-
men of the jury, I fear that the protracted nature of this
case, together with the number of hours that you have
patiently listened to it, will have exhausted your en-
durance, and naturally have rendered you anxious for a
truce from this dry question of physic, the greater part
of which must certainly have been to you most intoler-
able but for the great principle involved in it; neverthe-
less, I must beg of you to listen for a short time while I
make a few remarks—first, upon two ideas which
emanated from my Learned Opponent, in his address fbr
the defence—secondly, upon the evidence for the defence
—and thirdly, upon the importance of your decision in
regard to the great principle in this case trampled under
toot by a diplomatiaed member of a learned profession.
Now, in the first place, perhaps I may be permitted to
acknowledge the very liberal and gentlemanly manner
in which my Learned Opponent has conducted this case
for the deence, from its opening until now. But I regret,
on behalf of that noble institution which I. was anxious
to assist with the damages accruing to me this day, that
I can no longer appear as its suppliant ;
for my Learned Friend, by his anuphilau-
thropic " clap-trap " has placed me under the
painful necessity of foregoing damages altogether, ex-
cepting so far as will carry the costs of this action. I
am not in the habit of dispensing cheap charity, or of
clothing the naked at other men's cost; nor will I, in
this instance, leave my motives open to suspicion to you,
who know nothing of me, by the insinuation thrown out
by my Learned Opponent. perhaps " not because he loved
Caesar less, but because he loved Rome more." You
will remember, in the second place, that my Learned
Friend was exceedingly anxious to excite your sympa-
thies in favour of the defendant, in consequence of the
serious effects which a verdict for myself would entail
upon him. Now, gentlemen of the jury—as his Honour
will tell you—with the effects or consequences of your
verdict you have nothing to do whatever; you are placed
in that box, and expected by your country to give a
verdict according to the evidence, upon your oaths and
consciences as Englishmen, entirely regardless of the
effects of that verdict. This is all I ask of you this day.
Mutton and turnips, &c., &c., I shall not trouble you
.aith. Now, gentlemen, h t us look at the evidence.
You will recollect my own evidence, which, condensed,
means just this—that I asked plainly and die•
tinctly, at Messrs. Lunn and Watford', druggist's
shop, for Sir James Murray's fluid magnesia
and a. calomel pill—and that Mr. Walford substituted
tor, and schninistered to m in the place of it and in-
stead of it, a solution of sulphate ot magnesia or Epsom
salts. Geritlenten, this is my affirmution. It is for you
to say, after I have pointed out to you its confirmation
by the evidence of Messrs. Watford and Jackson, whe-
ther it be true or tali,e. Mr. W.ltozd himself says
,h it I ordered a fou• -grain calomel pill, arid that while
he held the bottle in nis hand I mentioned fluid mag-
nesia! and mark, he most distinctly and unequivocally
declined to NW( ar that. I did not 11,1 c for Sir James
Murray's fiti.cl magu aia. Ile likewise states that I
charged him with giving me the wrong medicine at the
time; and also called the next morning to remonstrate
with him upon the substitution. Now for the young
J_ekson. He stut, s that I charged Mr. Walford
with giving me the wrot:g; remembers my orderine the
pill; and declines to swear that I did not ask for fluid
magnesia. The Learned Professor, Mr. Lloyd, admits
that he knew nothing of the diagnosis of my case except
what Mr. Walford had told him, and that although it
is a rule with him to bee his patients before pre-
scribing for them, in this case he made an exception,
and gives a strung opinion, backed by the reputation
of a professor, without either seeing or pre-
scribing for me. Then comes Mr. Lunn, who
states that he knows a bottle of Murray's
fluid magnesia when he sees it; that Muray's fluid mag-
nesia is not Epsom salts, nor Epsom salts Murray's fluid
magnesia. Ile also states that he himself makes the
preparations sold in the shop; but, after asking him what
he does make, we get at the fact that he makes paregoric
and syrup of rhubarb; and likewise, what to your minds
must be of the highest importance, that he does not hold
a diploma from, nor is he is member of the Phalmaceu-
.

tical Society of Great Britain. Gentlemen, as far as
my memory serves me, this is an analysis of the evidence.
Now, gentlemen, first as to that which has not, and after-
wards that which has, to do with this case. Mr. Pro-
fessor Lloyd's evidence has nothing whatever to do with
the case, for all he knows about it was communicated to
him by Mr. Walford, and, as I before observed. his
Honour will tell you that hearsay evidi.nce cannot be
_ .

received in a court of justice, and, consequently, yon
will be pleased to forget Mr. Lloyd altogether. r
mind,Nw.
gentlemen of the jury, it must be car y n
that every witness o
prom the synopsis of fr t
thbee evidence
haltsh ineh
on
alheaody,e
ini vtehne,
most ample and satisfactory manner, my case, as alleged
avnendtpurroorteo ddbeyny mm)7lsftaotnemoeantht:
but,M en
Mr.
Val_
contrary, directly confirms it, when he states that I
spoke about magnesia ; and indirectly, in the order for
tibnrdthdeupelsa nlioitt,
the calomi I pill, He likewise acknowledges to you that
I reproached him angrily for the substitution ; and now
I ask you, as men of common sense, what can be more
confirmatory of my testimony than this evidence? Tho
boy Jackson, in a very honest and straight-forward
manner, confirms Mr. Walford's testimony; adding that
I said, " I wish you had given me what I asked you for,
sir." This, gentlemen, if it were necessary, is another
oJgent witness to the truth and stability of my case ;
and I feel sure I must have satisfied your minds as to
the consistency and integrity of my case, as alleged
on the records of the court, and established by my own
testimony before you this day. And here I think it
necessary to state to the court and jury one of tbo sr-
sons why Murray's fluid magnesia is used in my family.
It is not what is termed a "quack medicine, but
medicine,
merely a well-known and simple elementary na
to Sir
prepared in a peculiarly scientific manner,
onlyacorldieg
to a formula invented by and know
James Murray, Physician to the fate Lord-Lieutenant
of
particularly or Ireland. It is recognized
thenslenained members of
valu-
able preparation by most o.' _
prepared by Sir
the faculty, and is invariably
James Murray
Wolverhampton, the sole con-
signee.to Mr. William Bailey, of
Wv
Jury, the case becomes
But, gentlemen of the y,
public importance, if you bear in mind
himself personally, and delivered by him
of much greater
the fact, that France, Prussia, Austria, Spain, and, in
fact, all civilised countries except England and the United
States, prohibit all parties from acting as chemists and
druggist', or in any way practising the art of pharmacy,
without having a licence or diploma from some competent
tribunal, college, or ro) ally chartered body, so that we
in this country are litb!e to be impose.{ upon by the
ignorant, licentious, and knavish ; for, as the law now
purchase
aßsielltinhgesegraitizmnatrihTtlemsieghet,siefe
stands, gentlemen, the veriest knave who operates in the
hbreighhatdlythselairnninnagnisn,
every street, red, green, and blue, hoist them up in a
shop window, and supply himself with good or bad drugs
as he pleased, proclaim himself chemist and druggist in
bold gold letters, and set accordingly; nay more, if can.
lions, and not scrupulous, he may hire a surgeon to stand
behind his counter and sell "his own preparations."—
(Laughter.) Gentlemen, however startling this fact
may be to you, it is the law of the hind, and on

this- account, it is your duty the more de-
terminedly to mark the conduct or this gentleman,
who is a professional man, with your disapprobation.
Gentlemen, I assure you it is not at all an uncommon
thing in country places for a grocer, who writhes undVr
the effects of honourable competition, to drop the soap
and the candles, the treacle and the sugar, to hoist the
red bottle, and halloo out "two ounces of salts for three
halfpence, " paregoric and syrup of rhubarb," and in
very neat and small type, on his bill h A to say,
" physicians' prescriptions accurately prepared." Gen-
tlemen, however appalling and alarming this may appear
to you, it is a notorious fact, and one which the records
Qf wrons.'incseirto durlag the list topert, if Herded,