Report of the Trial of Dr. Samuel Thomson, the Founder of the Thomsonian Practice, for An Alleged Libel in Warning the Public Against the Impositions of Paine D. Badger, As a Thomsonian Physician Sailing Under False Colors, Before Judge Thacher, in the Mu

Cover Report of the Trial of Dr. Samuel Thomson, the Founder of the Thomsonian Practice, for An Alleged Libel in Warning the Public Against the Impositions of Paine D. Badger, As a Thomsonian Physician Sailing Under False Colors, Before Judge Thacher, in the Mu
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Loweby Fessenden. Still, in justice to the foreman, it should be stated that, under these circumstances, though they could not fail to have an unfavorable effect upon a fair trial for the defendant, Dr. Lowe was the last to consent to a general verdict of guilty, and that only on the matter of the letter, fully believing that the rest of the publication had been clearly justified by the truth given in evidence.
It was on the mistaken point of law, that every fact must be literally proved, that
...the jury gave their verdict against the defendant, as to the failure of his justifi- cation.
33 false pretences to deceive the public as to his genuine chaa-^eter and pretensions,* Mr. Hallett then gave a rapid view of the allegations in the alleged libel and the proofs to sustain thetriv Th-ey were resolved into three charges; first, imposition ; second, opening a letter, third., clearing out to escape an indictment.
Under the head of imposition were several specifications. The article began wkh warning the public against impostors — meaning all who falsely sold Thomsonian medicines; and if the jury were satisfied that Badger had played the part of ati impostor,, it would cover the whole ground of that portion of the publication.


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