The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-01-20
WORCESTER:
WEDNESDAY, JAN. 20, 1880.

u.s. Buckttn in the last Spy, our object was t.
give publicity to the opinion of the Court, a.
we understood it, in relation to the application
of the law of libel to the confidential commune
cations of Professional men in the discharge o.
their duty to their employers: In doing this
although we may not have given a sufficiently
full account of the case TO do justice to the par
ties, still it was far from our intention to dc
either of them any injustice We therefore
publish the following extracts from a communi
cation on the subject, received from DR.. Leland
| You state that the " Emulsion of Balsam Co.
| paivi, was agreed upen as the most suitable
medicine" True there was testimony to thi:
effect; but you omit to state that other testi
mony went to show that no specific medicine
was decided on, but that several articles were
mentioned, any of which might be resorted to
this was proved to have been admitted by DIR
Bucklin himself
You state that the Court charged the iury
that it ,oas the duty of Dr. Bucklin as consult.
ing physician to apprise Mrs S of the nature Of
the medicine she had been taking, and of his
opinion of it." 1t is possible that such nigh,
have been the charge of the court, but, con.
fess, have no recollection that such a remark
was made. 1t may be so, and the remark NAV
be true, but apprehend few medical men would
venture to practice upon it, nor am | bound to
believe that DR.. Bucklin himself did in the in
! stance before us, for it seems he only told her
that it was different from the kind agreed on,
but did not tell her what it was. Therefore he
said nothing that should Injure my reputation,
since it was shown that he admitted, that SO far
as he could tell, the symptoms in The case, at
the tune the medicine aCGS administer cred, 1o0uLd
'carrant the prescription. 1t was not shown,
nor attempted to be shown, that had given
Mrs. Stone injurious medicine, or any article
that would prove destructive or hurtfuI, and
the most that could be made to appear went no
farther than to show that misunderstanding ex-
listed between us respecting the medicine, and
this comes to us rather indirectly as appears
from the discrepancy of the testimony on this
point.
The most material omission, however, in your
notice of this case have yet to mention. In
noticing the charges of" delete.ious" and " in
furious" medicine as set forth in the writ, you
should have stated that it was shown by an un.
questionable witness, that Mrs Stone did say
on her return from Hopkimton, that DR.. B.
assured her the medicine aoas injurious and
,oould kill her should she take It, This would
have unlocked the whole mystery and account
ed for the birth of my prosecution, without in
juring. in the least, the reputation of Dr.. Buck.
lin. This should have been stated as material
to a justification for the course had taken. II
was reported here that had administered to
Mrs. S. poisonous medicine. By some it was
said had done SO ignorantly, by others willfnl-
ly, Just as suited the convenience or temper of
individuals.
Dr. Leland adds, correctly, that when put on
oath, no witness sustained the above injurious
reports; and that, therefore, DR.. Bucklin is ex-
fad ba ;n1p fofio sc ho srr.r
ated them, and the guilt of doing 1t belongs to
some one else.
We have given thus much of DR.. Ieland's
communication as an act of justice to him. The
remaining parts of it are on points less essen
tial, and, if given, would necessarily lead, in
justice TO others, to a detail of testimony to
which he has not alluded, and for which we
have no room nor do we think there is any
occasion for it. We did not intend to give the
words of the judges charge, but merely the
principle settled by it, which, as we understand
it, is, that there certain cases in which it is
necessary that free communications should be
made; such as between Lawyers and Physi-
clans and their employers, and confidential COM
though such communications may injuriously
affect individuals, if made with good intentions
and without any express malice they are not &C.
tionable.
MEXICO. This republic appears to be involv-
ed in new difficulties. By late accounts it ap-
pears that the army of reserve under General
Rnstamente which had heen stationed at Tai
apa, have revolted against the government, and
require of "the President, Guerrero, to re-
linquish the extraordinary powers conferred
on him by Congress Guerrero convened
the Chambers, and relinquished his extraor-
binary powers, but the Congress refused to
accept them, pretending not to be pleased
with a request which was made with arms
in their hands. Accordingly, the President
- al.