144 
Obituary. 
f  Aw.  Jour.  Phabm^ 
t     Mar.  1, 1874. 
The  Court  at  Special  Terra,  after  argument,  ruled  that  the  plaintiff  mu3t  an- 
swer the  question  that  had  been  propounded;  and  on  the  question  being  re- 
peated to  him  he  answered:  "  It  is  a  secret  compound  of  various  ingredients 
which  possess  great  medicinal  properties;"  and  refused  absolutely  to  give  any 
other  answer. 
On  presentation  of  these  facts  to  the  Court  it  was  held  that  the  answer  was 
evasive  ;  and  the  plaintiff,  under  the  advice  of  his  counsel,  refusing  to  give  any 
other  answer,  the  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  qualities  and  value  of  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 
quackery,"  and  it  is  chiefly  of  this  statement  that  the  plaintiff  complains. 
The  defendants  undertake  by  their  answer  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  asseits  in  his  circular  that  his  "  Elixir  of  Love  is 
composed  of  the  most  powerful  ingredients  of  the  vegetable  kingdom— harm- 
less, but  speedy  in  restoring  healthy  action."  And  again  :  "It  is  the  fountain 
of  youth  to  old  age,  the  rejuvenator  of  pristine  vigor  in  the  young ;  to  the  bar- 
ren woman  of  our  land  it  is  a  special  blessing."  Indeed,  it  is  impossible  to  read 
the  vulgar  and  in  many  respects  shameful  assertions  and  instructions  that  ac- 
company the  compounds  of  plaintiff  without  being  struck  with  the  vileness  of 
the  impostures.  That  he  can  bring  an  action  of  libel  lor  injury  alleged  to  b& 
done  io  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  val- 
uable secrets,  is  a  proposition  that  cannot  be  maintained.  Byrn  vs.  Judd,  11 
Abbots,  New  Series  ;  11  New  York,  347,  New  Series. 
In  the  laudable  exposure  of  such  "  humbugs"  as  the  pretended  medicine  of 
plaintiff  and  others,  the  defendants  take  upon  themselves  great  risks,  and  sub- 
ject themselves  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. 
OBITUARY. 
Professor  William  Procter,  Jr.,  died  February  10th,  of  heart  disease,  at 
the  age  of  57.  On  the  preceding  evening  he  had  lectured  at  the  College,  and 
retired  near  midnight  apparently  in  his  usual  health  ;  about  half  an  hour  later 
he  had  breathed  his  last.  Attended  by  numerous  friends,  by  the  students  and 
members  of  the  College,  and  by  delegations  from  the  Maryland  College,  the 
New  Yoik  College,  and  the  New  Jersey  Pharmaceutical  Association,  his  mor- 
tal remains  were  conveyed  to  Mount  Holly,  N.  J.  For  a  period  of  thirty-seven 
years  his  labors  have  aimed  at  raising  the  status  of  pharmacy,  and  have  been 
of  such  importance  and  lasting  value  that  the  deceased  may  justly  be  regarded 
as  the  father  of  American  pharmacy.  In  a  future  number  we  shall  give  a  bio- 
graphical sketch,  referring  for  the  present  to  the  obituary  notices  contained  in 
the  preceding  pages. 
