86 
AMERICAN AGRICULTURIST. 
[March, 
and sold, and that by means of extensive advertising and 
the good qualities 01 each Gulden Remedies he has 
secured large sales and profits. 
He also alleges that the defendants are publishers of a 
monthly magazine known as the American Agriculturist^ 
and having a circulation monthly of two hundred and 
fifty thousand copies ; that in November, 1872, the de- 
fendants published in their said magazine a certain libel- 
ous article in the following words : " Sundry Humbugs.— 
Our newer readers keep inquiring about the trustworthi- 
ness of this, that, and the other doctor for various dis- 
eases. We answer that every so-called physician, every 
medical institute or college or association that advertises 
medicine or medical advice, by circular or otherwise, is 
a quack — in short, a swindle. The whole tribe of those 
Who advertise 'marriage guides,' 'female medicines,' 
'advice to the young, 1 'errors of youth,' 'eye doctors,' 
'ear doctors,' 'consumption cures,' cancer doctors or 
medicines, etc., etc., are positively qnacks and impost- 
ors, to whom it is unsafe to address even a letter of in- 
quiry ; also the 'Golden Remedies' inquired about by 
several are nonsensical quackery. We have not room for 
a lot more of Jfnmbugs on hand, but, will renew the war 
upon them in the next volume, and, as hitherto, we ex- 
pect to shield at least all our readers from swindlers, and 
through them many other people." 
The plaintiff alleged also that the defendants, by means 
of these words published as hereinbefore set forth, in- 
sinuated and meant to be understood by those to whom 
it was published and to the public at large, as charging 
the plaintiff with being a quack, impostor, and swindler, 
and that the said "Golden Remedies" manufactured 
solely by the plaintiff were wholly valueless and useless, 
and possessing no medicinal qualities whatever, and that 
by means of the publication the plaintiff has been injnred 
in bis reputation and in his business, and been deprived 
of enstom and trade, and lost the sale of goods and profits 
■which he would otherwise have made, to his damage, 
twenty-five thousand dollars. 
The defendants in their answer admit in substance 
that they are publishers of the American Agriculturist, 
and that in December, 1S72, they published the article 
under the caption of " Sundry Humbugs," above set 
forth. They allege also that the publication is substan- 
tially true, and was published with good motives and for 
justifiable ends. They also set out in extenso the circu- 
lars sent, forth by the defendant with his "Golden Rem- 
edies," in which the plaintiff describes himself as a 
physician who has bad a general practice in all parts of 
the world ; and aver various facts tending to show that 
the alleged medicines of plaintiff are valueless as reme- 
dies for disease, being compounds costing but a few 
eents per bottle, and selling at several dollars, which the 
pnblic would shun if the constituent facts were known. 
The defendants propose in their answer to give evi- 
dence of all the various facts alleged both in justification 
and in mitigation of damages. 
Tssne being joined, the defendants upon affidavit pro- 
cured an order and summons for the examination of 
plaintiff as a witness on their behalf before the trial. 
On such examination the plaintiff testified that a bottle 
marked "Doctor Richau's Golden Remedy, No. 2," was 
©ne of the medicines he advertises and vends to the 
nnblic. 
He was then asked of what Balsam No. 2 is composed. 
He refused to answer the question, on the ground that it 
was irrelevant, immaterial, and a secret in his trade. 
The judge directed the plaintiff to answer the question. 
He then answered : M It is a secret compound composed 
•f varions ingredients which possess great medicinal 
properties," and refused to state the names of the 
ingredients. 
He then gave evidence showing that he was not a 
doctor of medicine and had never received a diploma, 
and had not been engaged in a general practice of medi- 
cine in any part of the United States. 
He then testified that he advertised "Doctor Ricbau's 
Clolden Elixir de Amour, or Elixir of Love," and on be- 
iag asked "of what is it composed?" he refused to 
answer. 
The Court at Special Term, after argument, ruled that 
Ibe plaintiff must answer the question which had been 
propounded ; and on the question being repeated to him 
8c answered: "It is a secret compound of various in- 
gredients which possess great medicinal properties;" 
and refused absolutely to give any other answer. 
On presentation of these facts to the Court it was held 
tliat the answer was evasive ; and the plaintiff, under the 
advice of his counsel, refusing to give any other answer, 
Ifae Court ordered his complaint to be stricken out and 
dismissed with costs. 
By the allegations of his complaint the plaintiff had 
invited an issue as to the medicinal finalities and value 
©f the '-Golden Remedies." 
The statement of the alleged libel, so far as it pointed 
directly to plaintiff or his remedies, was to the effect 
that his "Golden Remedies" are "nonsensical quack- 
ery," and it is chiefly of this statement that the plaintiff 
complains. 
The defendants undertake by their auswer to show 
that this statement is true. 
No one can read the circulars of the plaintiff, as proved 
by himself on his examination, without observing the 
importance of the investigation sought to be made. It 
was competent to disprove the assertions of the circulars 
and of the complaint by ascertaining the ingredients of 
the several compounds for the purpose of showing that 
they possess no such medical virtues as are claimed by 
plaintiff. For instance, he asserts in his circular that 
his " Elixir of Love is composed of the most powerful 
ingredients of the vegetable kingdom— harmless, but 
speedy in restoring healthy action." And again : "It is 
the fountain of youth to old age, the rejuvenator of pris- 
tine vigor in the young; to the barren woman of our 
land it is a special blessing." Indeed, it is impossible 
to read the vulgar and in many respects shameful asser- 
tions and instructions that accompany the compounds of 
plaintiff without being struck with the vileness of the 
impostures. That he can bring an action of libel for in- 
jury alleged to be done to his trade in his medicines by 
denouncing them as arrant quackery, and at the same 
time protect himself against exposure by claiming them 
to be valuable secrets, is a proposition that can not be 
maintained. Byrn vs. Judd, 11 Abbott, New Series ; 11 
New York. 347, New Series. 
In the laudable exposure of snch "humbugs" as the 
pretended medicine of plaintiff and others, the defend- 
ants take npon themselves great risks, and subject them- 
selves to the annoyance of suits ; but I think they are 
not exposed to any danger that courts will interpose any 
shield for the protection of parties guilty of fraud and 
deception of the public. 
If the plaintiff did not choose to try the question of 
the true character of his " Golden Remedies " he should 
have kept out of a court of justice. 
The order of the Court below was correct, and should 
be affirmed with $10 costs and disbursements. 
In view of the length, of this opinion, we must let the 
bulk of our budget of humbug literature rest for this 
month. It presents some new schemes, but all in the 
old styles, save one or two novelties that we are investi- 
gating. It will be timely to advise our farmer readers 
not to invest in "Ivory" or any other wheat at $1 f or 
100 grains. A variety possessing such qualities as this 
does not firBt make itself known through an obscure 
circular. As it came from Africa, we suspect it is not a 
wheat at all If people will send money to "Fur- 
nishing Companies " in Chicago or elsewhere and get no 
returns, we can only say to tbe gentlemen who write 
from Missouri and Wisconsin that we regret they did 
not read their Agriculturist more thoroughly. We can 
not comply with tbe request of our correspondent wbo 
requests us to put him on our "list of fools." He had 
better pocket his loss and take the lesson to heart. 
Roses l>y Mail. — Massey & Hudson, 
Florists, Chestcrtown, Md., in sending us one of their 
packages of roses, say they "would like to call your 
attention not only to the plants themselves, but to the 
box and manner of packing, both of which we claim as 
original, and which for simplicity, light weight, and ef- 
fectiveness, we don't think can be beaten." Well, that 
is just what we think. If one can get eight vigorous, 
well-rooted young roses delivered in any part of the 
country for $1, we think we should be a rose-growing 
people, which we are not. 
Pupils in Horticulture* — We often 
have applications from those who wish situations to 
learn gardening in its various branches; but such places 
are difficult to find. Wc now know of a gentleman upon 
whose place— a private one near New York— most of the 
operations of horticulture are carried on. lie offers to 
take a student, provided a suitable young man offers. 
None need apply but those who have a positive liking 
for horticulture and arc fond of both study and work. 
Address, stating age and previous experience, "Horti- 
culture," at this office. 
Sebright ISamtams. — James Shepard, 
of Bristol, Ct., sends us portraits of these beautiful pet 
birds, which he breeds to great perfection, as he does 
other choice fowls. 
Ohio Dairymen's Association. — 
The tenth annual meeting of this association was held 
in Cleveland on the 2Sth and 29th of January. The 
number of members is 13-1, and $1-% were received into 
the treasury last year. The usual matters connected 
with dairying were talked of and discussed, and W. A. 
Jenkins, oi Portage, was Chosen as President, and S. D. 
Harris as Secretary and Treasurer for the ensuing year. 
FREE.— Fine Oold Pens* with 
Silver Cases— The Best Silver-plat- 
ed '-Table Articles— Table Cutlery— 
Children's Carriages and Toys- 
Floral Sets — Garden Seeds and 
Flower Bnlbs— Sewing* Machines— 
Washing Machines and Wringers 
— I*oclcet Knives— Fine Gold and 
Silver Watches— Melodeons— Pianos 
— Guns and Rifles — Cultivators — 
ISooks — etc., etc.* etc.; all these are among 
the valuable articles to be found in the Premium List 
for 1S74 on page 119. Any person can, with a little effort, 
secure one or more of these valuahle articles. Thou- 
sands have done it. There is room for thousands more. 
It is very easy to obtain clubs of subscribers for the two 
popular papers, the American Agriculturist and Hearth 
and Home. Try it* 
A Rotanical Directory.— The Torrey 
Botanical Club have issued a Directory giving tbe names 
and residences of all the persons known to them as being 
engaged in botanical pursuits in North America and tbe 
West Indies. The names are first placed in alphabetical 
order, and in the second part they are arranged according 
to states. The directory forms a part of the monthly 
bulletin of the club, wbich is sent to subscribers at $1 a 
year. The price of the directory alone is 30 cents, and 
may be bad by addressing tbe editor, W. H. Leggett, 
224 East 10th street, New York. 
The Ranking House of Fish *V 
Hatch was forced to suspend during the panic, hut hav- 
ing adjusted their affairs and being able to meet all their 
liabilities they resumed in December last. No firm in 
New York enjoys to a greater degree the confidence and 
esteem of business circles than Fisk & Hatch; and as 
their temporary suspension produced a feeling of pro- 
found regret, so the announcement of their resumption 
has been hailed with the most sincere pleasure by a host 
of friends. It is safe to say that they resume business 
with a stronger hold than ever upon the confidence of 
those with whom they have had business relations. This 
confidence was most substantially exhibited in the fact 
that during the first twenty-fonr hours after their re- 
sumption not a dollar of deposits was withdrawn, while 
a large amount of new deposits was received. The firm 
is now paying the semi-annual coupons on $34.U - -20,000 
bonds of the Central Pacific, Western Pacific, and Cali- 
fornia and Oregon Railroads. 
Hnssey's National Cottage Ar- 
chitecture, or nomes for Every One. Chiefly Low- 
priced Buildings for Towns, Suburbs, and Country. By 
E. A. Ilussey, architect. New York : Geo. E.Woodward, 
Orange Judd Company. — It sometimes happens that a 
work is offered Which seems to exactly fill a gap in the 
class of literature to which it belongs. This is the case 
with the work the full and descriptive title of which is 
given above. It contains numerous designs of cottages 
and small houses ranging in cost from $1,S00 to $3,000 
and $4,000, with a few still more costly ones. The de- 
signs are of an exceedingly neat and tasteful character, 
the division of the interiors well considered, and the or- 
namentation, while effective, not elaborate. Elevations, 
perspective views, and details are given with each design. 
Specifications to some of the plans are given which serve 
as a guide for drawing up such forms for others. The 
execution of the work is excellent, and is a handsome 
specimen of book-making. We have not in a long time 
seen a work which seemed to so exactly meet a general 
want, or one wc could so heartily commend to those who 
propose to build. Price $0.00. 
A I%ew Thrashing Machine in which 
the cylinder and concave is without spikes, is made by 
Wheeler <fc Melick Company, Albany, N. Y. In this ma- 
chine the straw is not broken, hut is carried from it side- 
wise in a proper condition for tying up in bundles for 
sale, the same as hand-thrashed straw. The passage of 
the straw is more rapid than in the ordinary machine, 
and 250 to 450 sheaves maybe thrashed per hour with 
a two-horse tread power. 
Improved Hay Press. — P. K. Deder- 
ick & Co., Albany, N. Y., have an improved hay press in 
which bales of any size, from 100 lbs, upwards, may be 
made. The hay may be pressed, either long or cut into 
short fodder, and by an additional contrivance the hay 
may be weighed so that every bale is of the same weight. 
The cut hay is baled in a "perpetual press," end to pre- 
vent waste in using, the bales may be made as small as 
S5 pounds if desired. 
See Page 110 and Third (over Page. 
