John Lizars, Esq, surgeon, against James Syme, Esq., surgeon, Monday, 26th July 1852 : (before the Lord Justice-General and a Jury).

Date:
[1852]
Catalogue details

Licence: Public Domain Mark

Credit: John Lizars, Esq, surgeon, against James Syme, Esq., surgeon, Monday, 26th July 1852 : (before the Lord Justice-General and a Jury). Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

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    question, have not unlikely come to a conclusion, most prejudicial to Mr. Lizars. Now, gentlemen, if I am right in saying that this is a libel—and we would not be before you if it was not—your answer to the question put to you in the Issue must be obvious. The law of libel in this counti-y is much the same as it is in England. Mr. Syme was told that this statement in his letter would bring him under the law of libel there. He disregarded that warning given to him by a neutral party, and I repeat, that after weeks of reflection, he proceeded to publish it in his own journal. It is equally libellous here as it is in Ei^giand, and it is for you to say what reparation Mr. Lizars is entitled to from Mr. Syme. Let me add, that down to this moment, this gentleman has made no retractation of his statement, and no apology; and you can well understand how painful it must have been to the feelings of the pursuer, to be sub- ject to so injurious a statement until it is cleared away. It is not for me to say what reparation you are to give; that is a matter which must be left entirely to your own judgment. Dr. Alfred Taylor—Examined by Mr. Deas. You are Professor of Medical Jurisprudence in Guy's Hospital, London? I am. How long have you been connected with that Hospital ? About twenty-nine years. Did you conduct the London Medical Gazette for some years ? I did, from 1845 till 1851 inclusive. (Shown the number of the Medical Gazette, dated 4th July, 1851.) You see a letter thei-e from Mr. Syme ? I do, bearing date 26th June, 1851. To whom is that addressed? To the Editor of the Medical Gazette. Did you receive it in your capacity as Editor ? I did. Eead with me the letter — ' I have only to-day happened to * see your Journal of May 16th, which contains some statements ' that certainly should not have re.iiained so long unnoticed if they ' had been known to me sooner.' Does that letter lead you to know the i)articular article in your Journal of 16th May to which he alludes? It does.