The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-20
General Sessions.
Before Judges Lynch and Noah-Wm
A.

District Attorney.
THURSDAY. May Ie.-TriaiJor LIBEL continued.-The
of Dr. Lucus s. Comstock charged with libelling
VIM. j. Burritt, was continued from yesterday.
wM. w. CLAY, of the firm of J. w. Penfold & Co. was
Comstock has manufactured the article called Hays Lin
ment for many years 1t is not customary for druggists
10 manufacture medicines which have been introduced
by others, and brought into general use.
JOHN NJ. ROBINSON, of the firm of Robinson & Ward
druggists, sworn-We have sold Hays Lniment. pre-
pared by Dr. Comstock for number Of years. Mr. Bur.
rift offered of his manufacture to but refused
to purchase it. The medicine in general and much
Of it is sold. II was introduced by DR.. Comstock
H. PORTER swom-I practice medicine; w. J. Burrt
the complainant, had article put up that he called
Brandreths pills and which was an imitation OF the ge
nuine article ofhat name; they put up in the same
manner and with the labels; this in 1894 o;
he continued this business for two years; Burrtt has en-
ployed me to put them up for him he also put up
vcra hundred groce Of counterfeit Morrisons Hygean
Pills, to initiate the genuine
A. b. SHAW sworn-I am druggist; Ihave purchased
article called Brandreth's Pills from Burr the com.
plannnt they imitation counterfeit Of the ge-
nune pills; have purchased them of any else.
DAVID HoApLEr sworn-I am druggist, Of the firm of
loadley Phelps CO.. Of this city have purchased
Hays Liniment from Comstock & Co. tor some years
we have repeated orders for it, and have had for two
three years Burrit the complainant has been often ad
vertised countcrfeter of other peoples medicines
1.-Two bottles of Balm of Columbia were here shown
witness being Comstock's manufacture the other
Burritts between which he was unable to distinguish
first examination account of the imitation of Bur.
rus but finally stated that the firm to which he be.
longed had the agency of the English manufacturer
of the Balm of Columbia and upon Examination of
the labels the bottles he said he considered the
bottle marked Comstock & Co. as the genuine artice
SAMUEL B. SCHEFrELIN sworn.-I am Of the firm OF H.
H. scheielin CO., druggists We have purchased the
article called Hays Lniment from Comstock Co. for the
past years the sale has increased very much for the
last two years it is not customary for druggists put up
medicines by persons this country we do not
sell any other Balm Of Columbia or Hays Lniment ex-
cept that purchased from Comstock & Co.
DR. PoRrER called again.--t is considered very
difficult matter for chemists to anayze these vegetable
medicines as to obtain their precise proportions.
DAVID HoApLEY again Called know that
Dr. Comock has been the agent Of the English invention
for the sale of the Balm of Columbia for of ten
years-that is since firm relinquished the agency.
have never known that else the agent for
the sale of this medicine When the original of
the Balm Of Columbia returned to London from this
try, Dr. Comstock became the agent for 1t.
Nh. BuRRIrT the complainant, called again.-Dr. Com
stock has been IN the habit of manufacturing the Balm Of
Columbia for many ycars-he has vended for 10 years.
have been in the habit of putting for two years and
half only.
The counsel for defence here rested and the court ad
journcd till this morning at IL o'clock.