V 
:%aJr0XmrM*}  Editorial  143 
He  also  alleges  that  ihe  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  defendants 
published  in  their  said  magazine  a  certain  libelous  article  in  the  fallowing 
words:  "Sundry  Humbugs. — Our  newer  readers  keep  inquiring  about  the 
trustworthiness  of  this,  that,  and  the  other  doctor  for  various  diseases.  We 
answer  that  every  so-called  physician,  every  medical  institute  or  college  or  as- 
sociation that  advertises  medicine  or  medical  advice,  by  circular  or  otherwise, 
•is  a  quack — in  short,  a  swindle.  The  whole  tribe  of  those  who  advertise  4  mar- 
riage guides,'  4  female  medicines,'  '  advice  to  the  young,' 4  errors  of  youth,'  4  eye 
•doctors,' 4  ear  doctors,' consumption  cures,' cancer  doctors  or  medicines,  etc., 
etc.,  are  positively  quacks  and  imposters,  to  whom  it  is  unsafe  to  address  even  a 
letter  of  inquiry ;  also  that  the  4  Golden  Remedies'  inquired  about  by  several  are 
nonsensical  quackery.  We  have  not  room  for  a  lot  more  of  humbugs  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  pub- 
lished as  hereinbefore  set  forth,  insinuated  and  meant  to  be  understood  by 
those  to  whom  it  was  published  and  the  public  at  large,  as  charging  the  plain- 
tiff with  being  a  quack,  imposter  and  swindler,  and  that  the  said  44  Golden 
Remedies"  manufactured  solely  by  the  plaintiff  were  wholly  valueless  and  use- 
less, and  possessing  no  medicinal  qualities  whatever,  and  that  by  means  of  the 
publication  the  plaintiff  has  been  injured  in  his  reputation  and  in  his  business, 
and  been  deprived  of  custom  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,  1872,  they  published  the 
article  under  the  caption  of 44  Sundry  Humbugs,"  above  set  forth.  They  allege 
a-lso  that  the  publication  is  substantially  true,  and  was  published  with  good 
motives  and  for  justifiable  ends.  They  also  set  out  in  extenso  the  circulars  sent 
forth  by  the  defendant  with  his  44  Golden  Remedies,"  in  which  the  plaintiff  de- 
scribes himself  as  a  physician  who  has  had  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  remedies  for  disease,  being  compounds  costing  but  a 
few  cents  per  bottle,  and  selling  at  several  dollars,  which  the  public  would 
shun  if  the  constituent  facts  were  known. 
The  defendants  propose  in  their  answer  to  give  evidence  of  all  the  various 
facts  alleged  both  in  justification  and  in  mitigation  of  damages. 
Issue  being  joined,  the  defendants  upon  affidavit  procured  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  Kemedy,  No.  2,"  was  one  of  the  medicines  he  advertises  and 
vends  to  the  public. 
He  was  then  asked  of  what  Balsam  No.  2  is  composed.  He  refused  to  an- 
swer 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. 
Ele  then  answered  :  44  It  is  a  secret  compound  composed  of  various  ingredi- 
ents 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  medicine  in  any  part  of  the  United  States. 
He  then  testified  that  he  advertised  41  Doctor  Richau's  Golden  Elixir  de 
Amour,  or  Elixir  of  Love,"  and  on  being  asked  44  of  what  is  it  composed  ?"  he 
refused  to  answer. 
