573 
BEIlltY V. HENDERSON. 
Mr 
Mr 
one 
Mr. Luvilev Smith .—If it really comes to that, it makes very little difference, because if 
one conviction is good, it does not much matter what the effect of the second is; and if the 
first is bad, of course the second is bad also. T ... . ., . .. ,, 
Mr. Quain .—I would only make one observation, which is thisI think it is pretty well 
established from what fell from your lordships, this having been tried in this way, that this 
is a medicine within the proviso. . „ 
Mr. Justice Lush— Mr. Quoin, the difficulty we find is, that there is no finding upon 
this case, to the effect that the defendant would reasonably have believed that this was a 
prescription given to Mrs. Newton by the medical man, whose initials it purported to bear, 
at all. It appears to have come to him in a very loose shape. 
Quain. —It is a very common thing, my lord. 
Justice Lush.—I do not know that. It may be, or it may not be. I never saw 
one. But here is a prescription, directing the composition of very poisonous things indeed, 
upon a piece of paper in pencil, bearing initials which are not said to have even appeared to 
be the initials of the person whose they purported to be. 
Mr. Quain.— Oh, yes, my lord, it is so fouud. . ,. fl , 
Mr. Justice Lush.— Only that there was, m fact, a medical man, whose name justified 
those initials. Supposing this gentleman received it, without the least inquiry, over the 
counter, when he ought, as a reasonable, prudent man, to have made inquiries, I can con¬ 
ceive a state of things in which he would be then unable to bring himself within the piotec- 
tion of the proviso." On the other hand, I can hardly think that the proviso meant to _cas. 
upon every person who sells medicines the duty, at his peril, of ascertaining that it is a 
Se ^ ne £S?.—^Icertainly understood that was the nature of the case, that he acted bond 
ixcls 
Mr Justice Lush. —If he had no reason to believe it,—if he carelessly put it up, without 
knowing the person who brought it, or the handwriting, or making any inquiry about it, 
could it be said that the brought himself within the proviso P 
Mr. Quain. —I certainly understood the case, that he acted with the most perfect good 
faith. , . ... ... 
Mr. Justice Lush.— So I thought at first, but there is no finding at all. 
Mr. Quain. —No such point was made before the justices. _ ,,, 
Mr. Justice Lush. —It is a very serious matter, and persons intrusted with the sale ot these 
articles ought to exercise reasonable caution. . ' . , nnllU 
Mr. Quain. —I have no doubt, if such a point had been raised before the justices, he coul 
Mr. Justice Hannen. —One of the questions is whether, in point of fact, the appellant 
regarded the requirements of the proviso P . , 
Mr. Justice Lush .—I am unable to answer without knowing what his conduct was. 
Mr. Quain.— Would your lordship send it back again to have it re-stated P 
Mr. Justice Lush. —It would be more satisfactory. 
Mr. Quain. —This was a case in which he could not give evidence on Ins own belialt. 
Mr. Justice Lush. —I think it is obvious that every one who is entrusted with the sale ot 
these things is to take all reasonable care. 
Mr. Quain.— It is not found that he acted with bad faith or unreasonably, or in any way 
in which his good faith can be called in question. 
Mr. Justice Lush.— Is that a finding of a fact?. T ., 
Mr. Quain. —Surely it is for the accuser to make it out if it is a fact. I assume that it the 
chemist acted unreasonably or incautiously or negligently, or that he could challenge him on 
any one of these points that are necessary in order for the offence to be established, it is oi 
the accuser to make that out. I had not the least idea that his good faith would be called 
in question for a moment. There was no evidence given to the contrary. It was not chal¬ 
lenged before the justices. , . . , ,, 
Mr. Justice Lush.— There is no finding one way or the other. We have simply th. 
finding as a matter of law, if this was in fact poison, and prussic acid, although not pure 
and simple, whether mixed with rose-water or mixed with an equal quantity of some other 
ingredient, is just as much a poison. „ . , , 
Mr. Quain. —Pardon me. There were nearly two ounces of water and only two 
drachms of prussic acid. You may dilute prussic acid until it is not poisonous. 
