The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-04-28

"Nothing was now left me to do but to
proceed 10 the manuer prescribed BY
the law. A solicitor was employed, twp
bills were filed which contained full
statements Of my injuries. The counsel
for Blanko and wife dcmurred 10 my
bill on the ground that / was not tho
proper party. The case created great
excitement amongst the legal fraternity
and almost at every corner the question
was discussed. No business was done
in any Of the law offices or courts; tho
legal business Of England cine 10 i
stand still from the interest excited BY
this case, so that at last the chancellor
to get things straight, wus compelled to
call it up before its turn to have it
settled and restore quiet.
rThc case came up for argument on
the demurrer, aud all depended on my
establishing my personal ideatity with
the Sebustien de Caxu who wasinjured.
can only repeat some Of the argu-
ments used BY the learned counsel.
"The counsel for Blanko stated, s.that
although we deny fraud, or undue indu-
enee BY means Of mesmeric power or
other accult influence, We admit that
the operation detailed 10 the bin Of the
complainant WIS performed By Dr..
Blanko, it was submitted to BY Hcbas-
tien dc Caxa from two motives. the
hope OF increased wealth, and the hope
Of fame. But still we most eInphatisaIly
deny that even had fraud beea used,
that this compound complainant would
be the party to sue. This compound
never was, Dor could have been injured
by us, aud this woman, wife Of the do
iendaut, never was the wife Of .he com
plainaat, as the change of head has
changed the identity. 1t is possible
that the former head Of the complainant
is now on the body Of the former owner
Of his present head, and then here are
two who could claim the woman as wife
and insist that she should leave her
present legal husband
after long argument he closed, and
my counsel rose to reply, aud nobly did
hif duty. He told the court that tho
question of personal identity was one
which had long vcxed philosophy, but
that it had at last been determined that
all the PARTICLES might change and still
the ARTICLE, plant or animal, remain the
same 4" Why," said he, There are now
lying in the Thames numberless vessels
which have in them scarcely ono piece
of timber which they originally con
taiaed. Still those vessels have retained
their identity, and need not be newly
registered. Not one amongst the crowd
that now listens to my voice, has either
10 his bones, his flesh or any other part
Of him, one atom that made the man
ten years ago, and still my uniortunate
client having only had his head ex-
changed, can not have justice, because.
lorsooth, he has lost his identity. What
is there in nature that allows gradual
change Of escry atom aud still the indi-
vldual remain the same, while the sud-
den change Of only one part compels
the loss Of this individuality? II my
client is not a proper party, examine
him as an expert, aud surely compe-
tent o1e be is, aud let him tell us Of
this identity" La this strain he con-
tinued, but alas to no purpose The
chancellor decided that the head was
the portion Of the human system that
contained the brain, that the brain con-
tanned the mind, which chiefly consti-
tuted the man; this belief he said was
too deeply routed ever 10 be eradicatcd
from human minds, and he would be
compelled, contrary to his sympathies,
to decide that the complainant was not
the party originally injured. When the
decision was pronounced / looked up
and there stood Blanko. Forgetting
then the splemnity Of the presence ii
which | stood, forgetting all but my
injuries and hatred, | leaped toward
him | grasped him around tho neck