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to occasion an inordinate excitement of the system, acting as it did on the whole surface of the body, and of course effecting the whole system. The effect of this excitement would be to increase the circulation, and consequently to produce a greater flow of blood to the heart and other organs. Under these circumstances, those vessels which receive the greater quantity and flow of blood would be more likely to suffer by the extraordinary excitement. The organs are the stomach, the intestines, the liver, the lungs, the heart and the brain. The kidneys frequently suffer under similar treatment, as was followed in this case, but did not notice any particular marks in this particular case. The effect of this would be to exhaust the organs of their powers, and to give rise to inflammation in some of the structures.

The system is able to undergo a higher temperature in a dry than a moist bath. With regard to cayenne pepper, it is called a stimulant; its effects not SO widely diffused as some others. The jury themselves are able to decide how large a quantity can be used with impunity; but when the system is highly excited, it is very mischievous; it is sometimes used to relieve the organs when they are languishing. A system inordinately excited would be very injuriously affected by cayenne pepper. To illustrate it, a glass of wine may be taken when in health, and enlivens the system; but in acute inflammation it would be endangering health. I consider that half a teaspoonful to a healthy system would produce

no injury. Lobelia is an active stimulant, and a narcotic remedy. Have frequently administered it in small doses; it produces an excitement and a tingling sensation at the finger ends. In large doses, say ten or twenty grains in substance, it produces vomiting and sometimes purging. The usual dose of the tincture is from thirty drops to a half ounce; the medium dose is one drachm in tincture; generally give it in teaspoonful doses.

Consider it highly dangerous when the system is excited to administer cayenne pepper. A teaspoonful of tincture of lobelia is given, up to about half an ounce. Have seen many post-mortem examinations. During the prevailing epidemic I have seen about twenty, and have seen the same redness, but a great dissimilarity as regards the fluids and the natural contents of the organs. In cholera cases, after the spasms develop themselves, the watery evacuations continue, and frequently until death. In every case of cholera I have seen, the watery evacuations have existed more or less, but spasms have not always. I have seen within two or three days a case of cholera without spasms; have examined from fifteen to twenty cases during the epidemic. The internal warmth is frequently an accompaniment of the cholera. The warmth often continues for a long time; would not wish to convey the idea that the warmth I have heretofore mentioned in the cavity, proceeded from the vapor bath. Have frequently used lobelia; never have known it from my own observation to be administered in larger doses

than a teaspoonful at one time; larger doses I do consider dangerous. To all the questions we put to Mr. Burke, he made the most candid replies. Thought I could perceive that there would be an examination of the case afterwards, and told him that if he would in any way by his answers implicate himself, not to reply; he, however, was very candid, and did answer all the questions asked before the jury of inquest. He told us he had administered a teaspoonful of the powder of lobelia, and not producing the effect, he gave a second dose not quite so large; he also stated that he had administered a heaping tablespoonful as an injection. That he had given it but twice into the stomach. He further said that he had administered the composition powder and the nerve powder. There was something said of No. 6, but do not recollect whether by Mr. Burke or someone else.

In giving lobelia or any other medicines as an injection, it requires a larger quantity, the parts being less susceptible, less highly organized, and less sympathetic relation. Generally, a double dose is given as an injection, and it always requires stimulating properties to operate the bowels in this way. When the injection operates, it would depend upon the time it had been retained; if a long while, the effect might be mischievous, although discharged. discharged. If I had known nothing of this case except from the post-mortem examination, I could not have said that he died of the steam or the lobelia. In Russia they go from a vapor bath into a cold room immediately with im

punity. I confess, my own impression is, that it would be very dangerous here. A sudden check of perspiration is always dangerous. The check of the perspiration in this case was brought about but half an hour before death; time had not elapsed to produce congestion from that cause. The powder is much stronger than the tincture. Burke stated that what he was administering he did not consider fresh, and consequently not strong. He said he frequently administered lobelia in much larger doses with good effects; told him this did not agree with my own experience. This was my reason for asking why he administered in such large doses. Burke said he sponged the man, and that he regulated the steam. When he noticed an excitement, he sponged him about the neck, head and breast, with cold water; and this, while under a profuse perspiration; he said. that when the man became too much excited, he regulated the steam by reducing it. Burke answered all our questions with the greatest candor.

Dr. Hintze. Saw Mr. Haze. lip on Sunday evening; he desired me to prescribe for him; seemed very much excited and agitated; complained of being fatigued, and said he was afraid he would get the cholera. He said he had been riding on the railroad. He asked me if he had not better take something to prevent the cholera; always disapproved of preventive medicines. He inquired my opinion and the propriety of his undergoing a Thomsonian course. Told him any man was a fool,

unless he was sick, to take medicines. He said if he took a course, he would not be liable to the cholera for the season. My reply was, perhaps if he took the course, he would take no other disease. Examined him as to his bowels-he had undergone some fatigue. Advised him to go home and apply a feather poultice to the back of his head, and a bread and butter poultice to the inside of his stomach, and he would be well. He said his bowels were regular. Told him none but quacks administered preventive remedies. This was about 11 or 12 o'clock at night. He had been drinking. Oc. casionally he would take a frolic on Saturday evening. Attended his family for four or five years, and knew he was easily excited. He said he had drunk several glasses. A man easily excited would be very readily excited by any stimulant. He was of a sanguineous temperament.

Dr. Potter. Have heard all the evidence given, and do not consider that the medicines used in this case are generally used by regular practitioners. Upon a healthy system I think there is no use of applying them. A man in health needs nothing as medicine. It is an experiment which may do much mischief, and can do no good. These remedies always produce more or less mischief in large doses. The sys

tem is not indifferent to these medicines under any circumstances. Cayenne pepper is not a poison, but when given in a state of great excitement, produces mischief; it produces increased secretions. Lobelia is sometimes introduced as

a

remedy for the asthma; the system then will take a large dose; in other cases, such as a liability to inflammation, if it does not act as an emetic, it does as a purgative. The hemlock is a narcotic, it has not the same effect as all narcotics. It is a poison when given in large doses. The use of warm or vapor bath is of great service, if properly regulated and used with judgment, it excites the surface, which is sometimes serviceable in the form of vapor. The system cannot continue it as long moist as dry. Dr. Jennings has tested the theory of vapor baths. I have used lobelia in asthma and affections of the lungs, and some other diseases. In a high state of excitement, it ought not to be administered. It produces excitement by vomiting. They have stated the inflammation to be in patches in the bowels; some part of the bowels will always be affected by it when taken in large doses, if not ejected immediately. If a man understands the construction of the system upon which they are to act, and administers with care, they are safe. We have sometimes more difficulty to prevent persons taking medicines than to induce them to do it. Hemlock is a poison. I know it well-it grows three or four feet high.

Dr. Cole. Stated when I was up before, or intended to do so, that I believed cayenne pepper was administered.

Dr. Geddings. Have no recollection of Burke saying cayenno was given in the stomach. Universal experience has proved that when there is a predisposition to any disease, a strong excitement of the passions may

lead to that result; for instance, fear or grief acting upon a system easily excited at a time when there is a predisposition to any disease, may produce that disease. The use of ardent spirits, acting upon a system that would be easily excited,

and at such a time, might be a predisposing cause of cholera. Steam will produce spasms in the whole system. I stated that the contents of the organ only, were dissimilar to cases of chol

era.

THE WITNESSES FOR THE DEFENSE.

He

Ward Sears. Am an apothecary. A person came to my place with a roll of blankets. Have since ascertained that it was the deceased; was then in Larrabee's store. wanted me to take him through a course. He was purchasing medicine. Told him I did not attend to that business. Finished putting up his medicines, and he went away and said he was going through a course. Referred him to Francis Burke. Burke got medicines of me and practiced in cases of cholera, and I heard he was about to adopt the practice of medicine as his regular business.

Cross-examined. Believe he got some composition No. 6, nerve powder, cayenne pepper, and lobelia. He said he was going through a course; and I put him up as much medicine as I thought sufficient to carry him through. No. 6 is never put up in a powder; it is always a liquid. It was the same prescription I put up for him that I had done in cases of cholera. Do not practice the system myself. Keep the books and medicines for sale as agent for Thomson. Gave Mr. Hazelip the medicines but not the book. He did not become one of the subscribers to it. He paid me for the medicine, I think, thirty

Do

seven and one-half cents. give information more than is in the books, which is confined to the members of the association.

The Deputy Attorney General. What other information is given to the subscribers to the publication of Thomson more than is contained in the book itself?

The Counsel for the defendant objected.

The CHIEF JUSTICE decided that the question was not relevant to the case, that the investigation was not one which embraced the advantages of this system of medicine or the other system, but that it narrowed itself down to the plain language of the indictment, and to that question the whole investigation must be directed, that, therefore, he was of opionion that any question which went into the merits of the system of practice was not relevant to this

case.

Judge NISBET said he did not altogether agree with the opinion of his learned brother, as he thought it necessary to a correct investigation of the charge in the indictment that an investigation should be had into the means which the party charged might have of obtaining information relative to the system which he practiced, and what

that information might be which he could so obtain, but that in the present situation of the court, there being a vacancy on the bench, there was no course left him but to acquiesce in the opinion delivered by Judge BRICE.

Ward Sears. I am agent for Dr. Thompson. Give no information except what is derived from the books and my own experience. Burke has been some time engaged in the practice of medicine; think about four years. He has held a right under the system for five or six years. Have lived for about five or six years in Calvert street. Burke purchased the right and lived in Washington. He has been in Baltimore, I believe, about four years. Never saw him in Washington, never having visited it while he was there. He did not always follow the practice, but did occasionally, From what I know and have heard of him, consider him very skilful and competent to practice medicine. Never was present in any one instance that he administered prior to the late epidemic. Burke is a printer by trade.

Dr. Janney. Have practiced medicine about five years in Virginia, but not very extensively. Was studying fifteen or twenty years with my father. He was not a regular practicing physician, but kept an apothecary, and never practiced for pay. I practiced for two years without pay, and my neighbors, anxious I should practice medicine, and not being able to do it gratuit. ously, I commenced it regularly. Have turned my attention a good deal to Thomson's medicines since I got his book, and

me.

I have examined all the medical authorities to ascertain the effect of his medicines before I would consent to use them. Took it myself first to try its effects. Took five teaspoonfuls at different times in powder, and during the same day before it puked Have frequently taken it, always one teaspoonful at a time, this being about sixteen grains; have never taken more at a time, but I repeat it till it operates. Have used lobelia frequently upon others during the last two years, commencing with sixteen grains and waiting about fifty minutes, and then repeat the dose, but lessen the quantity, and continue it in this way until it operates. Up to the time I have mentioned, my medicines were of the kinds usual with medical men. From the experience of my father, and my own experience and the knowledge which I have obtained of lobelia, I should certainly say it was not a poison. Always use it when I want to cleanse the stomach. Have used the tincture of lobelia about two teaspoonfuls as an injection; sometimes less, sometimes more for injections. If I wish to reduce a fever, I give it in small quantities to produce perspiration; a greater quantity produces an emetic. Give sometimes a fourth of a grain of tartar emetic for that purpose and to produce perspiration, and mix with it some ipecacuanha. Have employed lobelia as an injection with tea made of bay bark. Have never lived in Baltimore. Hemlock is not a poison, as has been stated here, but it is perfectly harmless. It is taken from the bark of the pine tree, and is not poison.

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