The San Francisco call., 1895-11-14

defense contradicted through Attorney l.
NJ. Kalloch with all the logic he could
command. Attorney A. B. Hayes will re-
sumo for DR.. SImms this morning. He
will be able to devote only an hour to his
clients side of the dispute, however, as
Judge Morrow will then take up the
Howell counterfeiting case, but this will
be time enough for him, he thinks, in
which to close the argument
DIR. Simms name has become very
familiar to scientific circles and the read
ing world. He is member of the Anthro-
biological Institute of Great Britain and
Ireland, and graduated as an old-school
physician in New York. His principal
works on physiognomy have been Ma
ture's Revelations of Character, 'Physi-
ognomy" and Health and Character"
Mrs. Stanton gave her book the title of
Scientific Physiognomy," and, according
to Mr. Redding's argument yesterday, she
boiled all DIR. Simms' ideas into one little
volume, in which bad grammar and pla-
giarism were equally prominent. Mrs.
Stanton had her book published in 1899,
and the doctor proceeded against her pub
fishers as well as her, making the San
Francisco News Company and the Argo-
naut Publishing Company co-deiendants
in another suit.
In substance Mr.. Redding's argument
was that DIR. Simms was a vein of gold
from which Mrs. Stanton obtained the
material for her work, and that she not
only appropriated his ideas, but copied
his classification, the general structure of
his work, and, in great many instances,
almost his very language. One of DIR.
Simms' most striking sinilitudes-the
clock-to demonstrate how the human
character is plainly indicated by the coun-
tenance to the pnysiognomist, Mrs. STAN
ton, SC. Mr.. Redding said, had literally
stolen from the doctors publications.
Mr.. Redding did the "deadly parallel"
act with vigorous effect. Simms and Stan
ton were compared until it looked as if the
work of Mrs. Stanton was almost repro
duction of that Of DR.. Simms. The doctor
had made five divisions IN his physiog-
nomical ssifcation-namely, the alb
dominal form, the thoracic form, the mus
cular and fibrouS form, the osseouS or
bony form, and the brain and nerve form.
Mrs. Stanton's classification, he said, was
virtually the same. Here are examples OF
the parallels:
Simms-These FORMS which are FIVE in num-
Der. shall consider in the following ORDER
The abdominal form, the thoracic form, the
muscular and fibrous form, the osseous or
bony form and the brain and nerve form.
Stanton-Fiye different systems of functions
which create the different forms of man, and
which are always found In combination, but
IN different degrees OF development in differ
ent persons. These are named the vegetative
the thoracic, the muscular, the osseous and the
brain and nerve.
Simms-It is a law of nature that those who
are literally endowed with any capacity are
always prompted to its liberal using.
Stanton-It is q law of human nature that we
love to use most our strongest faculties
DR.. Simms had mentioned Washington,
Andrew Jackson, Lincoln, Lafayette, Alex
ander the Great, Caesar, Mahommed and
Cromwell as types of the bony form and
men on whom "of all others the nations
relied for support" Mrs. Stanton uses
the names of the same heroes of history to
show that bony men excelled in morality
and the nobler qualities of character.
Thsse are only mere suggestion OF the
multitude of parallels by which DR.. Simms
is endeavoring to convince the court that
Mrs. Stanton was literary pirate. He
does not stop at that, though, but merci-
lessly attacks her grammar and singles
out q mass of grotesaue mistakes which he
alleges she made in her ideas of ANATOMY.
and not satisfied with that he accuses her
OF poor photography in an effort TO show
that she was uninformed even in the rudi-
ments of writing.
Attorney Redding reached his climax
when he pronounced Mrs. Stanton's work
"garbled reproduction with aurora
borealis illustrations"
The argument of Mrs. Stanton's attor-
ney, Mr.. kalloch, was to the effect that
ideas of themselves cannot be COPY
righted-that they are every body's prop
erty. He tried to show that Mrs. Stanton
had not plagiarized DR.. Simms' language,