16 THE CHEMIST AND DEUGCHST OF AUSTEALASIA. Jan. 1st, 1886, 
LEGAL AND MAGISTEEIAL. 
DAMAGES FOR ALLEGED IMPROPER DISPENSING 
OF A PRESCRIPTION. 
In the Sydney Metropolitan Court on December 8, before 
the District Court Judge Dowling, William Alexander Beehag 
sued W. H. Soul, Caleb Soul, and Bull (carrying on business 
in Sydney as W. H. Soul and Co.), for £200 damages, for the 
alleged improper dispensing of a prescription. 
Mr. Nash, instructed by Mr. John Williamson, appeared for 
the plaintiff, and Mr. G. B. Simpson, instructed by Messrs. 
Shepherd and Crossman, for the defendants. 
The plaintiff in this case was managing clerk for Mr. John 
Williamson, solicitor. He bad suffered from constipation and 
inactive liver, and had frequently taken medicine to procure 
relief. On September 2nd he sent a lad named John White, 
also employed by Mr. Williamson, with a family recipe, to be 
dispensed by Messrs. W. H. Soul and Co. The prescription 
contained cream of tartar, confection of senna, sulphur, and 
extract of dandelion, to be made up into a laxative confection. 
The boy left the prescription to be made up at the shop of 
Messrs. W. H. Soul and Co., and, after some time, called and 
asked for Mr. Beehag’s medicine. A pot was given him, as he 
alleges, by Henry J. Ward, one of the assistants, and he paid 
Is. for it. It afterwards transpired that the pot contained 
ointment for a mangy dog. About 10 grains of green iodide 
of mercury were among the ingredients. Mr. Beehag took a 
dose of the ointment, about a teaspoonful, estimated to con- 
tain 1 grain of the green iodide. He found that it caused 
pains in the stomach, and parched mouth and throat. He 
thought he had not taken enough, so took a second dose. He 
was on the point of taking a third, when a messenger for 
Messrs. Soul rushed in and told him of the mistake. 
For the defence, H. T. Ward, assistant at Messrs. Soul’s, 
said that the boy White took up the wrong medicine; he 
rushed into the shop exclaiming “Beehag,” and picking up 
the ointment, which was on the counter, rushed away with 
Almost immediately after he had left this was discovered, and 
they rushed to the door to stop him. As he had disappeared, 
the directory was searched to discover Mr. Beehag’s address. 
It was found that a person of his name lived at Botany. One 
of the assistants was sent there in a cab, and discovered that 
it Avas plaintiff ’s uncle. Plaintiff’s address was obtained, and, 
as soon as possible, he was visited and Avarned. This Avas not 
till 3 p.m., Avhen tAvo doses had already been taken. 
The plaintiff became considerably alarmed. An emetic 
was administered, Avhich took no effect, and he then Avent 
to the Sydney Hospital. Dr. Westrum there said it Avould 
be necessary to Avash out the stomach ; but Mr. Beehag 
became so terrified, apparently at the idea of the application 
of a stomach pump, that he jumped out of a AvindoAv. Ser- 
geant Flaherty went in pursuit, and tried to persuade him to 
submit to the operation. 
He refused, and Avent again to Soul's, Avhere he took another 
emetic, AA'hich had the desired effect. He then Avent to Dr. 
ReiiAA’ick, who gave him a dose to calm his nerves. The 
plaintiff did not remain ill long, but had since suffered from 
deafness and other complaints. 
Dr. RenAvick, M.L.A., gave evidence that the jDlaintiff Avas 
brought to him in a highly nervous condition. The compound 
he had taken contained a certain quantity of mercury ; but a 
teaspoonful Avould have no injurious effect. 
The Hon. J. M. Creed, M.L.C., and Drs. McQueen and 
BroAvnless gave corroborative evidence. 
Among the other Avitiiesses called AA'ere Mr. W. Hamlet, 
assistant to the Government analyst, and Mr. W. A. Dixon, 
analytical chemist. Their evidence agreed in general AA'ith 
that of the medical Avitnesses. 
On December 9, His Honor gaA-e judgment. He said that 
he found a verdict for the plaintiff, damages £25. The sub- 
stantial question he had to decide Avas Avhether the Avitness, 
H. T. Ward gave the pot of ointment, and Avith it the pre- 
scription to the lad White, Avho had previously handed the 
prescription to Ward. No doubt there AA'as a conffiet of 
testimony on this point, and something more than a conflict; 
but having Aveighed the evidence carefully, he had come to the 
conclusion that the plaintiff’ Avas entitled to a verdict. It Avas 
an unfortunate mistake on the part of Ward, and although he 
tried immediately to rectify it, he Avas too late to prevent some 
of the ointment being SAvalloAved by Beehag. It Avas fortunate 
for Ward that the consequences, so far as Beehag was con- 
cerned Avere not A^ery injurious. 
BREACH OF THE TRADE MARKS ACT. 
At the Brisbane Police Court on December 14, before Mr. 
Philip Pinnock, P.M., Major Robinson, and Mr. J. M‘Mah, 
J.P., Wallace Gordon, manager of the Albion Aerated Waters 
Manufactory, Avas charged AA-ith having committed a breach of 
the Trade Marks Act. Mr. Drake, instructed by Messrs. Fox- 
ton and CardeAv, aj^peared to prosecute on behalf of Mary Jane 
Hempsted, trading as John Hempsted and Co., and Mr. Gore 
Jones, instructed by Mr. Winter, appeared for the defendant, 
Avho pleaded not guilty. On November 11, the defendant sold 
to one Mrs. MattheAvs some cham 2 :)agne cider, contained in 
bottles uj^oii Avhich Avas the trade mark of Hempsted and Co., 
consisting of the folloAAung Avords in raised ca]3itals, forming 
the upi^er and lower iDortions of a circle on the side of cylin- 
der-shajDed glass bottles, “Barrett and Co., Sydney,” and 
Avithin the circle the Avords “trade mark,” having betAveen 
them the representation of a bottle and stopper AAuth the Avorcl 
“patent” thereon running vertically from the neck toAvards 
the base of the bottle. On the opposite side of the bottle 
Avere the folloAving AA’Oi’ds in raised caintals forming a circle : — 
“ Barrett and Eler’s i^atent,” and across the circle in raised 
cajntals the AA'ord “London.” On the side of the bottle, en- 
circling the base, Avere the folloAving Avords in raised capitals : 
— “Breffitt and Co., makers, Lojidon.” Charles Hansen, 
manager for Mrs. Hempsted, deposed to buying the bottles 
from Mrs. MattheAvs, and identified them as the property of 
HemiAsted and Co. ; AAutness produced the certificate of regis- 
tration of the trade mark. Mary Jane Hempsted, carrying on 
business as cordial manufacturer, under the name of John 
Hemx)sted and Co., deiDOsed that the bottles in comt bore her 
trade mark ; the bottles AA’ere obtained from Lumley and Co,, 
the makers, London ; they had also obtained bottles from 
Sydney ; through being registered she had the sole right to the 
use of the bottles in Queensland, her husband haA’ing bought 
the 2 ^atent for the colony ; the patent had expired, but her 
rights Avere secured by registration as a trade mark. Witness 
never sold or authorised anyone to sell any of the bottles ; 
she never authorised anyone to use her trade mark. Cross- 
examined by Mr. Jones, AA’itness said Mr. Hansen had been 
her manager since the death of her husband, about fiA’e years 
ago ; he accordingly ordered her bottles ; it Avas Mr. Hansen 
AA’ho ordered them from Lumley and Co., they Avere continu- 
ally sending for bottles to the makers. Mary Ann MattheAvs, 
Avife of Henry MattheAvs, deposed that she kept a store in 
Stanley-street ; on 11th NoAmnber last she bought some 
aerated Avaters from Daniel Williams, including one dozen of 
champagne cider ; the tAvo bottles in court Avere amongst those 
she purchased ; she kneAv them by the marks on them. Cross- 
examined by Mr. Jones, Avitness stated that she sometimes got 
bottles from Hemj^sted and Co. ; she never sold em 2 ')ty bottles 
to liaAvkers. In reply to Mr. Di'ake, Avitness said the marks 
on the bottles Avere put on in her shop by Mr. Hansen. 
Daniel Williams corroborated the evidence of the last Avitness. 
This closed the case for the prosecution. For the defence 
Alfred LeAvis, tOAAui traveller for the defendant, deposed that 
they bought their bottles in Sydney, Melbourne, and Brisbane; 
the particular bottles noAV in court j^robably came from Syd- 
ney; Avitness had seen consigmments of bottles from Sydney 
unpacked ; they Avere/rtc of those in court ; it Avasnot 
knoAvn to his firm that the bottles they used bore Hemj)sted 
and Co.’s trade mark ; fac aimiles of the bottles in court Avere 
to be purchased in the open markets of the three colonies. 
Witness, on behalf of the company, asked Hempsted and Co. 
to exchange, and received a reply that they Avere not in a 
position to exchange ; he asked them £1 for a gross ; he asked 
them as a matter of courtesy ; he Avanted to exchange for his 
own bottles, Avhich Avere similar in shape to those used by 
Hempsted and Co. During his time Hempsted and Co. had 
not purchased bottles from the Albion Company. Cross- 
examined by Mr. Drake : About a month ago they received a 
consignment of bottles from Sydney ; he did not knoAV Avhom 
they came from ; he did not knoAV whom they got bottles from 
in Melbourne. On December 8 some further evidence Avas 
given, and the Bench reserved their decision till January 5. 
