{"title":"外交部门","authors":"","doi":"10.1136/bmj.s1-16.21.538","DOIUrl":null,"url":null,"abstract":"half-a-guinea, under the circumstances of the case, was more than I was justified in charging him. This brought his bill to £21. 5s.; and by the advice of Mr. Slack, a most respectable attorney, I arrested him for this amount. I had reason to know that he was a young man of property; but he pleaded poverty, and I consented to take £15, and give him his discharge. He then retums to Bath, trumps up a story, which, on the trial was proved to be false, that I had sent him in a bill for £2. 6s.; and his friends commence an action in the County Court for malicious arrest, laying the damages at £50. Not content to await the trial, the public-houses all over the city are made use of to circulate the grossest calumnies, and thus a strong feeling is excited against me. Confident in the justice of my own case, although I heard six medical men were to be brought forward by the plaintiff, yet, as I flattered myself that I stood pretty well with the profession, being conscious that I had never done a dishonourable action towards any one of them, I relied on their honour and integrity, and did not provide myself with a single medical testimony on my behalf. I was generously offered support (not by those who gave evidence in my favour on the trial, but by a gentleman of as high respectability and as long standing as any in the profession in this city), but I refused to allow another to share in the prejudice that had been raised. The trial came on, and then to my utter astonishment I found the medical witnesses deposing to the impossibility of the existence of such a complication of diseases as that for which I had made out a bill, and which I subsequently swore had existed in this case. Fortunately for me there were two gentlemen in court, Messrs. Bush and John Barrett, who had the manliness and generosity to stand forward when they saw an attempt made to crush a professional brother, and voluntarily gave evidence on their own experience that they had seen similar cases. I here beg publicly to thank them; and I tell them that I appreciate their conduct the. more highly because it arose from the spontaneous and unsolicited impulse of generous, manly, ancI independent feeling. But can I wonder at the verdict that was returned after the medical evidence for the plaintiff, that evidence being, as the Judge charged the Jury, \" that they all agreed that they did not believe that the diseases which were specified on the face of the bill, ever could coexist in the samepatient. (See Bath and Cheltenham Gazette, September 8th, 1852.) Observe, the adverse medical evidence denied the possibility of the coexistence of gonorrhcsa and syphilis. With such evidence as this before them, the Jury could come to no other conclusion than that the bill was a concoction, and the whole transaction a fraud. My only wonder is, that with such extraordinary medical evidence against me, the Jury were bold enough to cut down the damages from £50 to £15. With regard to the bill, portions of which you have quoted, I must throw the responsibility of the form of it on my attorney, by whose direction it was drawn up and delivered to the plaintiffs attorney, on their application, after the action was commenced. In explanation of no bill having been delivered previous to the arrest, the simple answer is, that the patient never afforded me an opportunity of so doing, and I could not send it to his home without risking discovery by his mother of that secret he was so anxious to keep from her. There is another circumstance I must allude to. It is, as to the interlineation of the operations. This arose, as I explained on the trial, from the fact of the operations having been performed after the medicines had been ordered in the day-book, and I pointed out to the Judge and Jury many similar entries in the same book to other patients. Mr. John Barrett has since closely examined my day-book, and has publicly declared, in a letter to the Bath Journal, that \"the internal evidence of the whole book supports Mr. Cox's statement as to the manner in which those entries were made.\" I have through him invited, and I here repeat the invitation, of an examination of my day-book to any member of the profession whose mind may not be satisfied on this point. This, Sir, is my case, as it stood after the trial, and here I should have been contented to leave it for the public to judge of it, with confidence that they would, on cool reflection, put a proper estimate of my conduct in this transaction, that they would remember it was no feature in my conduct to overcharge, overdose, or defraud; and that they would see I had been led into what might be considered extreme measures in order to prevent a dishonest and unprincipled man defrauding me of my due. But as it appears you make the chief point in the case to be the large quantity of medicine sent in, which, you say, gives a handle to the homceopath, let us see what this large quantity amounts to. Just one sixounce bottle and one powder per day. If this be an offence against legitimate practice, I much fear I sin in this respect in company with the greater portion of my medical brethren, and I must cry peccavi, and endure any reproach I may have incurred thereby. But, Sir, I have done. I have laid my case before the profession, and I neither fear what their verdict will be on my conduct, nor do I fear what will be the ultimate verdict of the public. I am, Sir, your obedient Servant, W. A. COX,","PeriodicalId":20791,"journal":{"name":"Provincial Medical and Surgical Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"1852-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Foreign Department\",\"authors\":\"\",\"doi\":\"10.1136/bmj.s1-16.21.538\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"half-a-guinea, under the circumstances of the case, was more than I was justified in charging him. This brought his bill to £21. 5s.; and by the advice of Mr. Slack, a most respectable attorney, I arrested him for this amount. I had reason to know that he was a young man of property; but he pleaded poverty, and I consented to take £15, and give him his discharge. He then retums to Bath, trumps up a story, which, on the trial was proved to be false, that I had sent him in a bill for £2. 6s.; and his friends commence an action in the County Court for malicious arrest, laying the damages at £50. Not content to await the trial, the public-houses all over the city are made use of to circulate the grossest calumnies, and thus a strong feeling is excited against me. Confident in the justice of my own case, although I heard six medical men were to be brought forward by the plaintiff, yet, as I flattered myself that I stood pretty well with the profession, being conscious that I had never done a dishonourable action towards any one of them, I relied on their honour and integrity, and did not provide myself with a single medical testimony on my behalf. I was generously offered support (not by those who gave evidence in my favour on the trial, but by a gentleman of as high respectability and as long standing as any in the profession in this city), but I refused to allow another to share in the prejudice that had been raised. The trial came on, and then to my utter astonishment I found the medical witnesses deposing to the impossibility of the existence of such a complication of diseases as that for which I had made out a bill, and which I subsequently swore had existed in this case. Fortunately for me there were two gentlemen in court, Messrs. Bush and John Barrett, who had the manliness and generosity to stand forward when they saw an attempt made to crush a professional brother, and voluntarily gave evidence on their own experience that they had seen similar cases. I here beg publicly to thank them; and I tell them that I appreciate their conduct the. more highly because it arose from the spontaneous and unsolicited impulse of generous, manly, ancI independent feeling. But can I wonder at the verdict that was returned after the medical evidence for the plaintiff, that evidence being, as the Judge charged the Jury, \\\" that they all agreed that they did not believe that the diseases which were specified on the face of the bill, ever could coexist in the samepatient. (See Bath and Cheltenham Gazette, September 8th, 1852.) Observe, the adverse medical evidence denied the possibility of the coexistence of gonorrhcsa and syphilis. With such evidence as this before them, the Jury could come to no other conclusion than that the bill was a concoction, and the whole transaction a fraud. My only wonder is, that with such extraordinary medical evidence against me, the Jury were bold enough to cut down the damages from £50 to £15. With regard to the bill, portions of which you have quoted, I must throw the responsibility of the form of it on my attorney, by whose direction it was drawn up and delivered to the plaintiffs attorney, on their application, after the action was commenced. In explanation of no bill having been delivered previous to the arrest, the simple answer is, that the patient never afforded me an opportunity of so doing, and I could not send it to his home without risking discovery by his mother of that secret he was so anxious to keep from her. There is another circumstance I must allude to. It is, as to the interlineation of the operations. This arose, as I explained on the trial, from the fact of the operations having been performed after the medicines had been ordered in the day-book, and I pointed out to the Judge and Jury many similar entries in the same book to other patients. Mr. John Barrett has since closely examined my day-book, and has publicly declared, in a letter to the Bath Journal, that \\\"the internal evidence of the whole book supports Mr. Cox's statement as to the manner in which those entries were made.\\\" I have through him invited, and I here repeat the invitation, of an examination of my day-book to any member of the profession whose mind may not be satisfied on this point. This, Sir, is my case, as it stood after the trial, and here I should have been contented to leave it for the public to judge of it, with confidence that they would, on cool reflection, put a proper estimate of my conduct in this transaction, that they would remember it was no feature in my conduct to overcharge, overdose, or defraud; and that they would see I had been led into what might be considered extreme measures in order to prevent a dishonest and unprincipled man defrauding me of my due. 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引用次数: 0

摘要

在这种情况下,半畿尼比我控告他的理由要多。这使他的帐单达到了21英镑。5 s。根据最受尊敬的律师斯莱克先生的建议,我以这笔钱逮捕了他。我有理由知道他是个富有的年轻人;但他以贫穷为借口,我同意收十五镑,放他走。然后他回到巴斯,编造了一个故事,这个故事在审讯中被证明是假的,他说我寄给他一张2英镑的账单。6 s。和他的朋友们向郡法院提起恶意逮捕的诉讼,要求赔偿50英镑。不满足于等待审判,全城的酒店都被利用来传播最恶毒的诽谤,因此对我产生了强烈的反感。我对自己案件的公正有信心,虽然我听说原告要传唤六名医生出庭,但我自以为在这一行很有名望,因为我意识到我从来没有对他们中的任何一个人做过不光彩的事,所以我相信他们的名誉和正直,没有为我自己提供一份医学证明。我得到了慷慨的支持(不是来自那些在审判中为我提供有利证据的人,而是来自一位在这个城市的律师行业中久负盛名的德高名望的绅士),但我拒绝让另一个人分享已经产生的偏见。审判开始了,使我大为吃惊的是,我发现医学证人作证说,不可能有我所开出的那种病症,而我后来又发誓说,这种病症确实存在。对我来说幸运的是,法庭上有两位先生,布什先生和约翰·巴雷特先生,当他们看到有人企图杀害一位职业兄弟时,他们勇敢而慷慨地挺身而出,并自愿以自己的经历提供证据,说他们见过类似的案件。我在这里公开地向他们表示感谢;我告诉他们我很欣赏他们的行为。更重要的是,它源于一种慷慨、男子气概和独立感情的自发的、未经请求的冲动。但是,我对原告的医学证据之后作出的裁决感到奇怪吗?正如法官对陪审团所指控的那样,这些证据表明,“他们都一致认为,他们不相信账单上所列的疾病会同时出现在同一病人身上。”(见1852年9月8日《巴斯和切尔滕纳姆公报》)观察,不利的医学证据否认淋病和梅毒共存的可能性。有了这样的证据,陪审团只能得出这样的结论:那张帐单是捏造的,整个交易是一场骗局。我唯一感到奇怪的是,在对我不利的如此不寻常的医学证据面前,陪审团居然大胆地把损害赔偿从50英镑降到了15英镑。关于你所引用的部分账单,我必须将其格式的责任交给我的律师,在他的指示下,在诉讼开始后,根据原告的申请,将其提交给原告的律师。为了解释在逮捕之前没有给我送来帐单的原因,最简单的回答是,病人从来没有给我这样做的机会,我不能把帐单寄到他家里去,以免被他的母亲发现,因为他一直竭力不让她知道他的秘密。还有一件事我必须提到。它是,关于操作的穿插。正如我在庭审中所解释的那样,这是由于手术是在病人在日记事簿上订购了药物之后进行的,我向法官和陪审团指出,其他病人在日记事簿上也有许多类似的记录。约翰·巴雷特先生仔细检查了我的日记帐本,并在给《巴斯日报》的一封信中公开宣称,“整本日记帐本的内部证据支持考克斯先生关于记录方式的说法。”我已通过他邀请,我在此再次邀请,任何对这一点不满意的专业人士,请他们检查我的日记本。先生,这就是审判后我的情况,我本可以满足地把它留给公众来判断,我相信他们经过冷静的思考后,会对我在这件事上的行为作出适当的评价,他们会记得我的行为中没有多收费、多用药或欺诈的特点;他们会看到,我是为了防止一个不诚实、没有原则的人骗取我应得的报酬,才采取了可能被认为是极端的措施。但似乎你在这个案例中提出的主要观点是大量的药物被送进来,你说,这给了心理医生一个控制,让我们看看这大量的药物是什么。 每天只需一瓶六盎司的瓶子和一粒粉末。如果这是对合法执业的一种冒犯,我很担心我在这方面与我的大部分医界弟兄们一起犯了罪,我必须大声疾呼,忍受由此可能招致的任何责备。但是,先生,我已经做完了。我已经把我的案子提交给了专业人士,我既不害怕他们会对我的行为作出什么裁决,也不害怕公众的最终裁决。先生,我是您忠实的仆人w·a·考克斯,
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Foreign Department
half-a-guinea, under the circumstances of the case, was more than I was justified in charging him. This brought his bill to £21. 5s.; and by the advice of Mr. Slack, a most respectable attorney, I arrested him for this amount. I had reason to know that he was a young man of property; but he pleaded poverty, and I consented to take £15, and give him his discharge. He then retums to Bath, trumps up a story, which, on the trial was proved to be false, that I had sent him in a bill for £2. 6s.; and his friends commence an action in the County Court for malicious arrest, laying the damages at £50. Not content to await the trial, the public-houses all over the city are made use of to circulate the grossest calumnies, and thus a strong feeling is excited against me. Confident in the justice of my own case, although I heard six medical men were to be brought forward by the plaintiff, yet, as I flattered myself that I stood pretty well with the profession, being conscious that I had never done a dishonourable action towards any one of them, I relied on their honour and integrity, and did not provide myself with a single medical testimony on my behalf. I was generously offered support (not by those who gave evidence in my favour on the trial, but by a gentleman of as high respectability and as long standing as any in the profession in this city), but I refused to allow another to share in the prejudice that had been raised. The trial came on, and then to my utter astonishment I found the medical witnesses deposing to the impossibility of the existence of such a complication of diseases as that for which I had made out a bill, and which I subsequently swore had existed in this case. Fortunately for me there were two gentlemen in court, Messrs. Bush and John Barrett, who had the manliness and generosity to stand forward when they saw an attempt made to crush a professional brother, and voluntarily gave evidence on their own experience that they had seen similar cases. I here beg publicly to thank them; and I tell them that I appreciate their conduct the. more highly because it arose from the spontaneous and unsolicited impulse of generous, manly, ancI independent feeling. But can I wonder at the verdict that was returned after the medical evidence for the plaintiff, that evidence being, as the Judge charged the Jury, " that they all agreed that they did not believe that the diseases which were specified on the face of the bill, ever could coexist in the samepatient. (See Bath and Cheltenham Gazette, September 8th, 1852.) Observe, the adverse medical evidence denied the possibility of the coexistence of gonorrhcsa and syphilis. With such evidence as this before them, the Jury could come to no other conclusion than that the bill was a concoction, and the whole transaction a fraud. My only wonder is, that with such extraordinary medical evidence against me, the Jury were bold enough to cut down the damages from £50 to £15. With regard to the bill, portions of which you have quoted, I must throw the responsibility of the form of it on my attorney, by whose direction it was drawn up and delivered to the plaintiffs attorney, on their application, after the action was commenced. In explanation of no bill having been delivered previous to the arrest, the simple answer is, that the patient never afforded me an opportunity of so doing, and I could not send it to his home without risking discovery by his mother of that secret he was so anxious to keep from her. There is another circumstance I must allude to. It is, as to the interlineation of the operations. This arose, as I explained on the trial, from the fact of the operations having been performed after the medicines had been ordered in the day-book, and I pointed out to the Judge and Jury many similar entries in the same book to other patients. Mr. John Barrett has since closely examined my day-book, and has publicly declared, in a letter to the Bath Journal, that "the internal evidence of the whole book supports Mr. Cox's statement as to the manner in which those entries were made." I have through him invited, and I here repeat the invitation, of an examination of my day-book to any member of the profession whose mind may not be satisfied on this point. This, Sir, is my case, as it stood after the trial, and here I should have been contented to leave it for the public to judge of it, with confidence that they would, on cool reflection, put a proper estimate of my conduct in this transaction, that they would remember it was no feature in my conduct to overcharge, overdose, or defraud; and that they would see I had been led into what might be considered extreme measures in order to prevent a dishonest and unprincipled man defrauding me of my due. But as it appears you make the chief point in the case to be the large quantity of medicine sent in, which, you say, gives a handle to the homceopath, let us see what this large quantity amounts to. Just one sixounce bottle and one powder per day. If this be an offence against legitimate practice, I much fear I sin in this respect in company with the greater portion of my medical brethren, and I must cry peccavi, and endure any reproach I may have incurred thereby. But, Sir, I have done. I have laid my case before the profession, and I neither fear what their verdict will be on my conduct, nor do I fear what will be the ultimate verdict of the public. I am, Sir, your obedient Servant, W. A. COX,
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Provincial Medical & Surgical Journal Proceedings of Societies The British Graduates and the Proposed New Charter of the College of Physicians The Case of Mr. Cox Provincial Medical & Surgical Journal
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