Report of the trial. The people versus Dr. Horatio N. Loomis, for libel : tried at the Erie County Oyer and Terminer, June 24, 1850. Justice Mullett, presiding. John Treanor, Leander J. Roberts, associate justices / Reported by FrederickT. Parsons, stenographer.
- Loomis, Horatio N. (Horatio Nelson), 1807-1881.
- Date:
- 1850
Licence: Public Domain Mark
Credit: Report of the trial. The people versus Dr. Horatio N. Loomis, for libel : tried at the Erie County Oyer and Terminer, June 24, 1850. Justice Mullett, presiding. John Treanor, Leander J. Roberts, associate justices / Reported by FrederickT. Parsons, stenographer. Source: Wellcome Collection.
Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)
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![The libelous article was first printed in the Daily Courier of this city, and the People will prove that after the type had been distributed, the defendant went to ihe printing office and procure! the article to be set up and reprinted in the Weekly Courier, and circulated through the country. The article charges against the Professor of Ob- stetrics of the Buffalo Medical College, the coin- mission of acts of outrage against the rights of the community—against decency and propriety. When we shall have proved these things, it is all that it is necessary to do on the part of the People, unless something shall be offered by way of defence. In the trial of this indictment, there will be no complicated questions of law, or of fact; all will be plain. And I have no doubt that before this trial closes, you, Gentlemen of the Jury, will be fully convinced, not only from the proof on the part of the People, but from all the proof in the case, that the article is grossly libelous, and that no defence whatever can be sustained. The Con- stitution has made you the judges of the law and of the fact. The District Attorney called W. A. Seaver, who being sworn, says—I reside in the city of Buffalo. I am the editor and proprietor of the Weekly Cou- rier, and was on 27th February last. (Copy of paper of that date is shown to witness.) Witness says—it was published at my office—I don't know whether I was at home or not—three articles were published on that subject. When the first was published, I was not at home—was at home on Wednesday 27th, and think I was at home on the Sunday previous to that date. All matter thai is published in the Daily is usually published in the Weekly—that article had been published in tbe Daily, and the type was distributed—the Daily paper was exhausted by calls for papers—Dr. Loomis came to the office for a paper containing the article—I told him we had none left—he said he would like to get some, or something 1o that effect—I told him that the types were distributed, but if he chose to buy papers enough to pay for setting up, I would print it again—he said he would take 25, 50, or 1U0—don't remember which —we set up the type again, and printed that number and some others in addition—can't say whether it was worked off in the whole edition— I think it was—I don't know that defendant came for the papers—they were taken from ihe office— my impression is that Dr. Loomis paid for them— can't say certainly. Gh.orge Lapslky, called and sworn, says—I am the Foreman of the Courier office, and was in February last—1 know Dr. Loomis—he came there to get some printing done—he came there about 8 o'clock in ihe evening of February 25th— I was up stairs—was called down by the pipe— Mr. Seaver cut the article referred to out of the Daily and gave it to me to publish—Dr. Loomis said he wanted 50 copies—I think i h. Barnes was there and said he would take 50 copies more— Doct. Loomis said he would pay $1, and hanaed Mr. Seaver $1 that night before he left the office —1 worked it into the whol i Weekly edition— they were all distiibuted whh this article in it— whole edition about 800. Cross Examined—Don't know whether Doctor Loomis took the papers away or not—didu't see him again that night. [The article signed L, was here read. See Appendix E.] Dr. Austin Flint, called and sworn, says—lam a practising physician—I am Professor of Theory and Piactice of Medicine in the Buffalo Medical College—I know Doctor James P. White—Doct. White is connected with the Medical Department of the University of Buffalo, and had been prior to February last—he is a practising physician in the city—Dr. White is the only one who has been Professor of Obstetrics since the organization of the College, down to the present time. Cross Examined—I am Editor of the Buffalo Medical Journal. (The February number, 1850, is here shown ;) the letter on pp. 565-6, addressed by Dr. White, to certain students, was written by Dr. White. [See Appendix A.] James O Putnam, sworn, says—I don't know but I am Secretary of the Council of the Medical Department of the University of Buffalo—don't know that I have been superseded-Hiram A. Tucker, late of this city, was my predecessor— (the book containing the Records of the Council is here shown to witness)—that is his writing. Appointment of Dr. White to the office of Pro- fessor of Obstetrics and Diseases of Women and Children was here read from the book. The People rest. J. O. Putnam, Esq., opened for the defence, substantially as follows :— Gentlemen of the Jury : You are empanelled to try an i*sue of, in some respects, an extraordinary character. It is extra- ordinary in its circumstances, and in the relations of the parties concerned. Dr. Loornis, who is one of our most respected citizens, and one of the most eminent of his able profession in this city, stands arraigned before you, not for an ordinary crime against property, not for having written or published a libel, charging penal offences against the prosecutor, not, so far as the proof is concern- ed, of having written a line of reproach or ani- madversion upon any body. So far as the proof is concerned, he stands charged with a mere technical libel, if it be a libel at all. It is just such a libel and publication as either of you or I might have been guilty of, had either of us having heard of ihe publication of such an article in the Courier, and sharing the public curiosity to learn all that was said about the exhibi- tion at the College, called at the Courier Office, and paid for a single copy. For although he paid the price of fifty, it was to secure this single copy, as the edition had tieen exhausted. This article complained of, we shall show you, Dr. Loomis never wrote, and that he was utterly](https://iiif.wellcomecollection.org/image/b21137638_0009.jp2/full/800%2C/0/default.jpg)
