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INVENTION OF THE DILATOR
1365
judge the plaintiff said that he was not a Licentiate of the Society of Apothecaries. He was a Licentiate of the Royal Colleges of Physicians and Surgeons, Edinburgh, and a Licentiate of the Faculty of Physicians and Surgeons, Glasgow. It was stated that 50 had been offered in payment of the account and refused, and that as to 55s. of the claim, if the defendant pleaded the Statute
Looking Back. FROM
THE LANCET, SATURDAY, May 8th, 1830.
Limitations, it was statute barred. For the defence Dr. R. Lowther and Mr. 0. Gwatkin medical practiof
1tioners at Grange-over-Sands were called and said that INVENTION OF THE DILATOR. in their opinion the account was unreasonably high. They To the Editor of THE LANCET. admitted, however, that they did not consider 10s. a SIR,-I beg leave, through the medium of your visit and the charge for medicines unreasonable, contion, to make a few remarks upon a little instrument whichIsidering that Holme Island was one and three-quarter miles has been ycleped the dilator, and which has been assumed asfrom the plaintiff’s surgery and that Mr. Beardsley had by their own invention by certain persons, without reasonablestipulation to attend at 10.30 each morning which would confession of the original suggestor. This instrument hasdoubtless be inconvenient to him and disarrange his ordinary been pompously introduced into a late publication on work. Judge Steavenson delivered a considered judgment mechanics, and ostensibly constitutes the ground-work of aafter the luncheon interval. He said he considered from the publication, in which it is represented as a personal dis-Ievidence that 10s. per visit was a proper charge, considering covery. In 1811, on the way home from the East Indies, I the value of the house, its distance from the plaintiff’s had a gentleman under my charge who was troubled with surgery, and the stipulation that he was to attend the patient stricture. In the course of reflection on the subject, it at a particular time. He accepted the evidence of Dr. occurred to me, that it would be very possible to make an Carmichael that a consultation fee was double the ordinary instrument which could be dilated, or widened, at any given fee, which in this case must therefore be fixed at 20s. He did point of its length, or that a greater or shorter extent of its not consider the qualifications held by Mr. Beardsley entitled length might be made capable of dilatation, either abruptly or him to charge for medicines and that part of the claim must gradually, from the cylindrical portion of the instrument. I come out. The claim would be reduced by £ 11 14s. 3. for illustrated a tool of this kind upon paper, and mentioned of medicines and excess charged for consultations, and the what materials it might be constructed, to the person 55s. that was statute barred, leaving a balance of referred to; he instantly perceived the possibility of such a E63 18s. 6s. 50 bad already been paid-being in the contrivance, and that it might be more or less serviceable. hands of the plaintiff’s solicitor-so he therefore gave judgOn my return to Britain, I intended to have said something ment for Z13 18s. 6d., with costs on the higher (B) scale, on the subject in a periodical publication, but I concluded with allowances for witnesses. that it would not be particularly beneficial, and would lead lay t:Jepa’l’ate JÛlJistenoe of tfte iVervty lforn Uftitrt. only to quackery and humbug. I saw also a number of objections which might be instituted against it, and thereAt the recent discussion on Infanticide at the Medicofore very considerable probability of its comparative uselessSociety several speakers referred to the ingenuity and Legal ness. On reaching London, in the summer of the same year, of defending counsel which made it impossible, in quibbles I mentioned the plan to the author of the Elements of connexion with a charge of infanticide, to determine, in the Mechanics and Medical Physics, and stated, expressly, several absence of the direct evidence of an eye-witness, whether a substances of which the dilator might be composed. He child had had a and independent existence"" separate appeared to catch at the suggestion with eagerness, and, if I before its life ceased. "A separate and independent existmistake not, immediately entered it in a memorandum. For ence"has been ruled in court at different periods to some reason, perhaps the "fidem dabo," he must have conindicate at least four physiologically different conditions. veyed the hint to his brother (who has published a book on The first and simplest requirement is the physical separation this trifle), as the former durst not avowedly be concerned in of the body of the child from the body of the mother, so the thing himself. I believe it has done some good to the that the child is wholly born into the world and is thus a two brothers, but none to its legitimate father. The original full of the King; in this connexion it has been subject proposer, actuated by sincerity and honesty of principle, decided that the umbilical cord need not have been severed. declined executing his design, and has not obtained even the The second view, which in practice was accepted for many A. SIMPSON, M.D. concession of an acknowledgment. years, was" tested by the question: "Has the child Great Russell Street, April, 1830. breathed 2 The fallacy of this test was insisted upon by those who alleged that the child might have breathed before it was completely born-that is, before it became a subject MEDICINE AND THE LAW. capable of coming within the technical definition of murder ; many years ago the inferential physical test, based upon the performance of the respiratory function, known Medical hresan Impo’l’tant Decision. as docimasia pulmonum was derided as "that hydrostatic AT Ulverston (Lancashire) county court on April 23th humbug." The third view of " separate existence," which Judge Steavenson gave an important judgment that cannot several modern judicial statements have favoured, has been fail to be of interest to medical practitioners generally. The that in order to inaugurate such an independent being in law plaintiff was Mr. R. H. Beardsley of Grange-over-Sands and the circulations of the mother and of the child must be he sued Mrs. Willan of Holme Island for 80 17s. 6d. for distinct. All such legal pronouncements are somewhat medical attendance and medicines. The defence was that reminiscent of a pristine physiology and exhibit a confused more visits had been paid than were necessary and that the knowledge as to the exact nature ot the symbiotic relations charges for the same were unnecessarily high. It was given )f the respective circulatory systems before birth ; physically, in evidence that Holme Island was rated at 165 gross and f not physiologically, it may be said that these systems, £ 140 net. Dr. A. Carmichael of Barrow-in-Furness said ooth originally and finally, are as separate as that of the that in his opinion the plaintiff’s account was a reasonable sitting hen from that of the hatching chick within the eggone and that 10s. per visit, with medicines extra, was a hell. To add to this apparent diversity of judicial opinion proper charge to make for attendance at a house of the it may be said, from the physiological standpoint, that no description of Holme Island. Dr. R. 0. Bowman of child really commences its separate existence until it Ulverston gave similar evidence and Dr. R. G. Alexander breathes, for until that act it is merely surviving on of Halifax, who had been called in in consultation with the nutriment already acquired by osmosis and diffusion plaintiff, said that the defendant was very ill indeed at from the mother’s uterine blood-stream ; hence children the time when he saw her and that the visits paid were who have been completely born in an asphyxiated connot too numerous but were absolutely necessary. It was dition and who have been subsequently revived, with owing to the skill with which she had been treated that or without artificial aid, may be said to have commenced she was alive now. Mr. Beardsley supported his account a real independent existence only concurrently with the first in evidence, giving particulars showing that for ordinary inspiration ; conversely, any child gasping for air, whether visits lOs, had been paid and for consultations 1 Is. plus the in the outside world or in utero or in vagina, proclaims by ordinary 10s. charge, which he always considered was the that very respiratory act that it is announcing its true The fourth view, and proper charge to make for a consultation. In reply to the separate physiological existence. ‘
publica-
,
,
.
"
I
"
judge the plaintiff said that he was not a Licentiate of the Society of Apothecaries. He was a Licentiate of the Royal Colleges of Physicians and Surgeons, Edinburgh, and a Licentiate of the Faculty of Physicians and Surgeons, Glasgow. It was stated that 50 had been offered in payment of the account and refused, and that as to 55s. of the claim, if the defendant pleaded the Statute
Looking Back. FROM
THE LANCET, SATURDAY, May 8th, 1830.
Limitations, it was statute barred. For the defence Dr. R. Lowther and Mr. 0. Gwatkin medical practiof
1tioners at Grange-over-Sands were called and said that INVENTION OF THE DILATOR. in their opinion the account was unreasonably high. They To the Editor of THE LANCET. admitted, however, that they did not consider 10s. a SIR,-I beg leave, through the medium of your visit and the charge for medicines unreasonable, contion, to make a few remarks upon a little instrument whichIsidering that Holme Island was one and three-quarter miles has been ycleped the dilator, and which has been assumed asfrom the plaintiff’s surgery and that Mr. Beardsley had by their own invention by certain persons, without reasonablestipulation to attend at 10.30 each morning which would confession of the original suggestor. This instrument hasdoubtless be inconvenient to him and disarrange his ordinary been pompously introduced into a late publication on work. Judge Steavenson delivered a considered judgment mechanics, and ostensibly constitutes the ground-work of aafter the luncheon interval. He said he considered from the publication, in which it is represented as a personal dis-Ievidence that 10s. per visit was a proper charge, considering covery. In 1811, on the way home from the East Indies, I the value of the house, its distance from the plaintiff’s had a gentleman under my charge who was troubled with surgery, and the stipulation that he was to attend the patient stricture. In the course of reflection on the subject, it at a particular time. He accepted the evidence of Dr. occurred to me, that it would be very possible to make an Carmichael that a consultation fee was double the ordinary instrument which could be dilated, or widened, at any given fee, which in this case must therefore be fixed at 20s. He did point of its length, or that a greater or shorter extent of its not consider the qualifications held by Mr. Beardsley entitled length might be made capable of dilatation, either abruptly or him to charge for medicines and that part of the claim must gradually, from the cylindrical portion of the instrument. I come out. The claim would be reduced by £ 11 14s. 3. for illustrated a tool of this kind upon paper, and mentioned of medicines and excess charged for consultations, and the what materials it might be constructed, to the person 55s. that was statute barred, leaving a balance of referred to; he instantly perceived the possibility of such a E63 18s. 6s. 50 bad already been paid-being in the contrivance, and that it might be more or less serviceable. hands of the plaintiff’s solicitor-so he therefore gave judgOn my return to Britain, I intended to have said something ment for Z13 18s. 6d., with costs on the higher (B) scale, on the subject in a periodical publication, but I concluded with allowances for witnesses. that it would not be particularly beneficial, and would lead lay t:Jepa’l’ate JÛlJistenoe of tfte iVervty lforn Uftitrt. only to quackery and humbug. I saw also a number of objections which might be instituted against it, and thereAt the recent discussion on Infanticide at the Medicofore very considerable probability of its comparative uselessSociety several speakers referred to the ingenuity and Legal ness. On reaching London, in the summer of the same year, of defending counsel which made it impossible, in quibbles I mentioned the plan to the author of the Elements of connexion with a charge of infanticide, to determine, in the Mechanics and Medical Physics, and stated, expressly, several absence of the direct evidence of an eye-witness, whether a substances of which the dilator might be composed. He child had had a and independent existence"" separate appeared to catch at the suggestion with eagerness, and, if I before its life ceased. "A separate and independent existmistake not, immediately entered it in a memorandum. For ence"has been ruled in court at different periods to some reason, perhaps the "fidem dabo," he must have conindicate at least four physiologically different conditions. veyed the hint to his brother (who has published a book on The first and simplest requirement is the physical separation this trifle), as the former durst not avowedly be concerned in of the body of the child from the body of the mother, so the thing himself. I believe it has done some good to the that the child is wholly born into the world and is thus a two brothers, but none to its legitimate father. The original full of the King; in this connexion it has been subject proposer, actuated by sincerity and honesty of principle, decided that the umbilical cord need not have been severed. declined executing his design, and has not obtained even the The second view, which in practice was accepted for many A. SIMPSON, M.D. concession of an acknowledgment. years, was" tested by the question: "Has the child Great Russell Street, April, 1830. breathed 2 The fallacy of this test was insisted upon by those who alleged that the child might have breathed before it was completely born-that is, before it became a subject MEDICINE AND THE LAW. capable of coming within the technical definition of murder ; many years ago the inferential physical test, based upon the performance of the respiratory function, known Medical hresan Impo’l’tant Decision. as docimasia pulmonum was derided as "that hydrostatic AT Ulverston (Lancashire) county court on April 23th humbug." The third view of " separate existence," which Judge Steavenson gave an important judgment that cannot several modern judicial statements have favoured, has been fail to be of interest to medical practitioners generally. The that in order to inaugurate such an independent being in law plaintiff was Mr. R. H. Beardsley of Grange-over-Sands and the circulations of the mother and of the child must be he sued Mrs. Willan of Holme Island for 80 17s. 6d. for distinct. All such legal pronouncements are somewhat medical attendance and medicines. The defence was that reminiscent of a pristine physiology and exhibit a confused more visits had been paid than were necessary and that the knowledge as to the exact nature ot the symbiotic relations charges for the same were unnecessarily high. It was given )f the respective circulatory systems before birth ; physically, in evidence that Holme Island was rated at 165 gross and f not physiologically, it may be said that these systems, £ 140 net. Dr. A. Carmichael of Barrow-in-Furness said ooth originally and finally, are as separate as that of the that in his opinion the plaintiff’s account was a reasonable sitting hen from that of the hatching chick within the eggone and that 10s. per visit, with medicines extra, was a hell. To add to this apparent diversity of judicial opinion proper charge to make for attendance at a house of the it may be said, from the physiological standpoint, that no description of Holme Island. Dr. R. 0. Bowman of child really commences its separate existence until it Ulverston gave similar evidence and Dr. R. G. Alexander breathes, for until that act it is merely surviving on of Halifax, who had been called in in consultation with the nutriment already acquired by osmosis and diffusion plaintiff, said that the defendant was very ill indeed at from the mother’s uterine blood-stream ; hence children the time when he saw her and that the visits paid were who have been completely born in an asphyxiated connot too numerous but were absolutely necessary. It was dition and who have been subsequently revived, with owing to the skill with which she had been treated that or without artificial aid, may be said to have commenced she was alive now. Mr. Beardsley supported his account a real independent existence only concurrently with the first in evidence, giving particulars showing that for ordinary inspiration ; conversely, any child gasping for air, whether visits lOs, had been paid and for consultations 1 Is. plus the in the outside world or in utero or in vagina, proclaims by ordinary 10s. charge, which he always considered was the that very respiratory act that it is announcing its true The fourth view, and proper charge to make for a consultation. In reply to the separate physiological existence. ‘
publica-
,
,
.
"
I
"