The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-21

was packed off for like term. Nancy Beers, black
man. for stealing dress worth 50, the property OF Ra
che New was Sent up for six months. Francis Dsnard
for stealing paint brush oil can, &c from hopet W.
Riggs, worth $3.50 was sent up for SIX months Reuben
swift robbng the money drawer of Dieterich seck-
man. of So was sent up for six months Hugh hieihani
for assault and battery VIM ~ Marsden was sent up
six months. John Tempany, John Mansfield ana
George Neil for stealing two iron boilers worth Sl2 from
Albert Bevn, wero sent up for six months The Court
then adjourned
General Sessions.
Before Judges Lynch and Noah and Alderman Martin.
WILLIAM SHALER, Esq, Acting District Attorney.
At the opening Of the court Judge Lynch informed the
counsel in the libel case between Burr and Comsock
that of the jurors in the not pre-
sent they would proceed to try short cause when John
Bell placed in the box be tried charge grand
larceny in stealing 500 from Jefferson Brown Of
burgh the captain OF the tow boat Giraffe The prosecu
ton proved that the prisoner in the cabin whence the
money stolen at the time taken 1t also
proved that prisoner purchased suit Of clothes i'm
mediaely after the loss of the money The jury, without
leaving their seats returned verdict of guilty.
The court then stated that they should proceed to
tence prisoners convicted on this Saturday morning
Trial for Libel trial Of Dr. Lucus $. Comstock
lock- Esq for prosecution and A. L. Jordan ESD for de-
fence.
lin the testimony of DAVID HoApLEY, given yesterday,
he stated on his direct examination that VIM. Burrit
the complainant, had been known counterfeter of
other peoples medicines but cross examination
Piled that these allegations had been made in the adver
tisements published by Comsock & Co.
franklin RANSOM called by the prosecution and
ply sician am acquainted withlDr Comstock and
Mr. Burritt know the article called Hays Linment
know that is manufactured by both Mr. Burritt and Dr.
ComstOck.
Mr. Burritt put article from similar recipe that
question, as not bsing evidence under the Indictment
when long argument ensued during which the Court
ruled that the testimony in this went to show that
the custom OF the trade had recognized in Dr. Comsock
the right to manufacture the article called Hays Lin
ment and although this right such would
bio him to main ain suit at law for infringement of
his right yet it would justify him in charging person
who initiated with comntericting they therefore would
admit the evidence in order to show the jury whether the
article made by Burritt tho Comstock's,
similar to the original recipe of DR.. Gridley
WITNESS coSTISuED.-l am acquainted with the com.
ponent parts Of an article called Hays Linment; that
made by Burrit and Comstock is from the recipe
have diploma, and belong to the Medical Society of
Fairfield iierkmer County came here in the year 1890
and went into the employ Of DR. Comstock believe Dr.
Comstock has taken degree in Dr.. Comstocks
employ until 1894 then purchased the stock in trade
went into the employ of Albert L. Comstock brother
of Lucius s.. continued till March April in May
Dr. Comstock six months he informed that my
no longer required do not know what laborato
~ is ; pledged my honor to Lucus s. Comsock that !
would not dvulge the recipes of the articles manufactu
red by him Mr. Burrit furnished with the recipe to
make Hays Lniment while was in his employ the
cpe the Comstocks there were others who
knew how to make the lniment but do not know that
other firms, except in Boston, ever manufactured
il to SELL
gss manufacture medicines, both of foreign and do
mestic invention except those that have been patented
counerfcer except in the newspapers containing the ad
vcrtisements of Comstock & Co druggists generally
manufacture all articles that they consider profitable
They initiate the article they if they have
recipe, and consider they have right to manufacture
all medicines not patented The usual way of getting
sale for patent medicines is by agents. and to adv ese the
expense of which is heavy; it is customary among drug
gss after has made reputation and sale for
tain article of medicine initiate as near as they can
give the name, and then sell it, have done
myselfI know of other manufacturers Of Hays Lin
iment except Burritt and Comstock.
In To n ~ q
Their he knew the names any druggists who were in the
practice of counterieng articles that have been invented
by others and introduced by them with considerable
pense, he stated that he did notexcept such articles
Lees Fills, British Oil or Opedeldoc.
VIM l.. RUsHroS, Of the firm of Rushton & Aspnwall.
swornIt is the for druggists to put up medi
cnes that have been invented and introduced by Others
druggist and apothecary have been In business 20
years.
The Counsel for prosecution here closed.
The defence called William J. Burritt and asked him
from whom he obtained the recipe by which he manu-
featured Hays Linment.
He answered from no connected in the employ of
Comstock CO.. but refused give any direct reply
whom he obtained FROM His counsel contended that
the question not pertinent The Court stated tha!
they thought otherwise he testified that he obtained
the recipe from Hays himself would show that he
uiactured the same article as Comstock Co.. and not
that it would shew that Burr had manufactured and
introduced article in imitation of il, which might
therefore be termed counterfeit.
The witness then continued follows Il OBJ aimed the
recipe by me from my brother in the western part
Of this Sate-his christian is Abel he lives in lhi
he has been clerk in the drug business but now
CLERK tn dry good business; THINK III
the drug business at the time he sent the recipe;
think he in the employ Of W. A. Woodward at the
time; obtained it about three years since in letter
through the mail solicited have no knowledge from
whence my brother obtained it, the recipe has been Of
fered to by Dr. Douglass, former clerk of Dr. Com
stocks and also by Palmer Nash of Boston; did not
take Il from Mr. Douglass One of the motives for not
taking was, that knew it had been improperly OBJ
tanned aid also that Comstock had been in the practice
of putting mp for years. should have considered dis.
honorable to have taken from Douglass Douglass now
occupies place under the dispensary in Centre streets it
was not given to recipe for Hays niment, but
was afterwards pronounced by Dr. Ransom to be Hays
niment-this is the way got the name. The recipe
attached the name of Hays nmcnt to it afterwards.
There is more Of Comsock's hniment in market than
| mine.
BY mutual consent of counsel the was then sub
mtted the jury under the charge Of the court severa
points of law having been cited by counsel for prosecu
| ton.
Jupcn LYNCH after short recess, charged the jury
that they OF opinion that the custom OF the trade
was not to initiate certain articles OF medicine claimed oy
original inventors their agents, then the libel ALLEGED
against Comstock in calling Burritt counterieter
other peoples medicines not such as would justify
them in rendering verdict Of guilty If they believed
the general appearance OF the article manufacture
by Burrtt such to initiate that made by Comstoek
chase it, the charge of libel alleged would be fully JUST
fled by the truth in evidence. This he said would be thu
opinion ofhe court if the name OF Burr had beer
placed upon the bottles made to initiate Comstocks Th
charge of Burrtt stealing the name Of Hays Linment
alleged libelous the considered mere magi
declaration, such could not be sustained. They
considered the charge Of stealing any thing blu
lbellous and suppose agreed with Bill Shakespeare tina
all trash The Judge stated that the court considered
any and every person had the right to speak publish
the truth all times and in all places, with view to dc
ec fraud imposition of any kind in absence of expires
malice and the jury believed that the publications mad
by Comstock Co., with that end, they were boun
to bring in verdict of not guilty After abiding to TIL
sacred right Of the liberty Of the press and the peculiar
pcation the law oibel bearing upon the preserva
ton ofthe public peace in short peroraon he submit
ted the to the jury who after to the almost uni
versa surprise OF court and spectators returned verde
Of guilty.
city Intelligence.
PoLoE-The only case of any thing like interest wa
the of a named Catherine Hoi for stealth
watch and gold chain, valued at $780, from Peter HamI
ton, 100 Canal street. She committed, having pr,
yously confessed the crime although the goods