/ STATEMEITS, SUPPORTED BY EVIDENCE, OB- WM. T. G. MORTON, M. D. CLAIM TO THE DISCOVERY OP THE ANESTHETIC PROPERTIES OF ETHER] SUBMITTED TO THE HONORABLE THE SELECT COMMITTEE APPOIN-TED BY THE SENATE OP THE UNITED STATES- 32d Congress, 2d Session, January 21, 1853. Presented by Mr. DAvia, of Massaclmsetts, and referred to the Select Committee to whom had been referred the petition of sundry Physicians of Boston and vicinity, in support of the claim of W. T. G. Morton, M. D., for the discovery of Etherization. WASHINGTON iS53! ANALYTIC INDEX. I._Testimony showing that Dr. Morton had the idea of this dis- covery, and was wholly engrossed in its verification for months prior to September 30, 1846, when Dr. Jackson claims to have given him his first notion in that direction : — Page Page Dr. G. G. Hay den 193 Dr. Thomas R. Spear, Jr- - 219 Richard H. Dana, Jr., Esq. 196 Francis Whitman, Esq.- - 221 Francis Dana, Jr., Esq.--- 196 Theodore Metcalfe, Esq.- - 222 Dr. Wm. P. Leavitt- -^— - - 196 Dr. Joseph M. Wightman 282 Eben Frost, Esq. 257 B. B. Mussey, Esq. 257 11. — Testimony showing that Dr. Jackson ridiculed this discovery while it was going through the experimentum cruets, and washed his hands of all responsibility, simply claiming that he said to Dr. Morton " Why don't yon try ether," an untested suggestion : — Page ■ Page Dr. A. A. Gould--- 265 Edward Warren, Esq. 442 Caleb Eddy, Esq. - - - 286 Peleg W. Chandler, Esq. - 258 Prof. J. D. Whitney 395 Joseph Burnett, Esq. 376 III. — Testimony showing that even if Dr. Jackson's stat-ements to Humboldt were literally true, he had not only not made tW dis- covery in question, but was not entitled to a scientific induction from those premises that anaesthesia w^ould be produced. This, for two reasons. (1.) The nature of physiological science, which dees not admit of exact reasoning, \me mathematical, or even chemical, or mechanical science, and (2.) because the same ef- ects which he describes are produced by other agents which do not stand the test of surgical experiments. Mlso, Testimony of the surgeons of Boston and vicinity that Dr. Jackson had no connexion with any of the experiments at the hospital or in private practice, and that neither Dr. Warren, nor any one else connected with the hospital, knew or suspected that Dr. J. had any thing to do with the discovery until after the second experiment at the hospital. Embracing a direct de- nial from Dr. Warren that Dr. Jackson "requested" him to per- form the experiment, and full proof tliat the surgeons relied solely upon Dr. Morton and his dental experiments, not even knowing what they were administering, by Dr. Mortoii's direc- tion — Dr. Jackson not even attending an operation until two months after ether was first used. Page Dr. John C. Warren 301 Dr. Henry J. Bigelow--- 319 Dr. S. D^Townsend 355 Dr. J. Mason Warren 386 Dr. A. L. Peirson 456 Page Majority report 35 Memorial of physicians — 183 Petition of trustees 190 Testimony 191 Debate in Senate 473 IV. — Testimony showing a few of the many obstacles thrown in the way of Dr. Morton, in his endeavors to assert his rights, at home and abroad. Page R. H.Eddy, Esq. 397 Harnden & Co. 6 Ben. Perley Poore, Esq.-- 469 Hon. Edward Stanly 548 Hon. Truman Smith 10 R, J . Burbank, Esq. 435 N. C. Keep- 104 J.L. Lord, Esq.-.^- 218 Horace Cornwall, Esq. Ap. 121 Joseph Burnett, Esq. 152 B. F. Brooks, Esq. 152 G. O.Barnes --292 Compte Rendus --- 552 New appointment 564 Exclusive claim of prize- - 36 Coalition - 472 Destruction of bond 120 Opposition to physicians- 121 Jackson's abuse 121 False translation 552 Personal sacrifices 74 Defeat of subscription 121 Forestalling in Europe — 126 Documents suppressed 08 STATEMENTS, &c. Mr. Chairman Ais^D Gentlemen OF THE Committee: I ven- ture to address to you this hastily prepared communication, and to lay it before you in print, believing that it will aid you in a full and fair examiation of the subject with which you are charged, and thereby secure the ends of justice. Conscious of my right, my only anxiety is that you may thoroughl}^ acquaint yourselves with all the facts involved in the controversy. It is now more than six years since the world received, at my hands, what I may not scruple to call one of the greatest of physical blessings. Whatever attempts may be made to throw doubt upon other points in the case, no one has been reckless enough to deny that I alone have been, in fact, the humble in- strument through whom a beneficent Providence has conferred this boon upon mankind. Whatever floating notions may have crossed men's minds from the earliest ages, tending to the same end, it must be conceded that the world was no whit richer for them until it fell to my lot to devote all thj energies- and sacrifice all my means to its attainment. Now it is fully attained. What was the dream of the philanthropist and the half-formed conjec- ture of the scientific speculator, has become a household fact. To me alone, of all the world, this result has been fraught with suffering instead of comfort. Of pecuniary sacrifices I will not speak ; but surely it was not to have been anticipated that this discovery should have made me the target for the most malicious and envenomed assaults. There are wounds which are sharper than those of the surgeon's knife, and which " Not poppy, nor mandragora, Nor all the drowsy syrups of the world," can make us feel less keenly. These have been my portion. I trust that the reward is at hand. I look to you for justice : no- thing more, nothing less. My right is contested by two parties — Dr. C. T. Jackson, of Boston, and the representatives of Dr. Horace Wells, deceased, late of Hartford, Connecticut. As between Dr. Jackson and myself, there have been re- peated adjudications. I call them adjudications, because, al- though not the work of court and jury, they have all the quali- ties to give them equal authority. The report of the trustees of the Massachusetts General Hos- pital, giving the reiterated verdicts of an enlightened jury of the vicinage, acquainted with all the witnesses, and upon view of all the facts, have awarded the discovery to me. I respectfully ten- der to your committee copies of these reports herewith. The reports of two sticcessive committees of the House of Rep- resentatives, one of them after a thorough judicial examination, with the aid of counsel on both sides, have come to the same con- clusion. These reports, together with notes theieto, I beg leave also to lay before you herewith. Upon the last occasion, desirous of such an investigation as should forever satisfy all impartial minds, I voluntarily invoked the intervention of Dr. Jackson, and fully exhibited the claim of Dr. Wells as it then stood, notice having been given to Mr. Ingersoll for himself and Mr. Truman Smith, who had charge of Dr. Wells's interest. Since that time I have gone into Connecticut and called before a United States Commissioner every witness within my reach who was relied on in support of the Wells claim, or was supposed to know any facts concerning his alleged discovery, and have examined them fully. The result of these examinations is also laid before you herewith, in full copies of all the depositions duly certified. Before the committees of the House of Representatives, Dr. Jackson's oounsel produced an extract from the report of a Com- mittee of the French Academy, and quoted it (as Mr. Stanly's report does) as the language of the Academy, characterizing it as a definitive award of all the honor and originality to Dr. Jackson. ' I have now a full copy of the report of that Committee, and beg to submit a translation thereof made by the translator of the Stale Department, which will be found at page 567. From this it will be seen that the report of this Committee (p. 573) agrees that I had the preoccupatio7i of mind, the engross- ing' idea of this discovery or'^inally ; and that having the origi- nal idea, I " completed^' the discovery, which, without my *' auda- city" would probably have remained "fruitless and without effect" in Dr. Jackson's mind. Make the best of this conclusion for Dr. Jackson, and it amounts to no more than might probably be alleged for many others. It concedes to me equal original idea with Dr. Jackson, and the whole merit of " completing the discovery'^ — language which imports that " the discovery" had not been theretofore made. But the report assumes as its basis as to Dr. Jackson, the fol- lowing, viz : '•Mr. Jackson had observed that some persons on being exposed for a certain period of time to the action of etherial vapors were momentarily deprived of all sensibility. This is the physio- logical fact. Mr. Jackson established the fact hy trying the ex- periment upon himself." Now Dr. Jackson himself has never claimed (on thi^ side of the ocean) that he '^ had observed that some persons, '' &o., as above assumed. On the contrary, he claims to have been of suffi- ciently mighty mind to have reached this conclusion in 1842 by induction from effects produced on himself. The foundation, therefore, fails. No such fact existed. I beg attention to the page last cited, and submit to any legal mind the question whether, upon the very statement of that report itself, my priority of title would not be incontestible under our laws. In the same Compte Rendus, page 556, April 23, 1849, appears the following : '' M. Morton writes from Boston, dated the 16th of March, a letter concerning the question of priority for the discovery of the anaesthetic properties of ether. The author begs the Academy in the case they were disposed to pronounce upon this question, a wish that it should be made known to him in advance, so that he can come in person to sustain his rights before them. M. Mor- ton, after having noticed that the first experiments with this subject had been made at the hospital at Boston, announces that the administrators of this establishment, in their annual report for the year 1848, attribute to him formally the honor of the dis- covery. He adds, that the question having been brought before the Congress of the United States, the majority of the committee to which it had been submitted, have judged in the same sense." The Compte Rendus of the Aoademy (a copy of which is in the Smithsonian Institution) contains, under date of March 24, 1848, thefollowmg: "M. Morton announced the sending of documents destined to establish in his favoc the priority relative to the discovery of the effect of the inhalation of the vapor of ether. The documents ANNOUNCED ARE NOT YET BEFORE THE AcADEMY. The letter of M. Morton was sent to be examined by the Commission upon ether and chloroform." Thus this report, so vaunted by Dr. Jackson, was made on his (Dr. J.'s.) ex parte showing. They had my memoir with a frag- ment of my testimony, but the bulk of my evidence never reached them. I was w^holly unknown to them — was depreciated be- fore them by Dr. Jackson's representations — while he was sup- ported by his friend M. Elie de Beaumont. See Mr. Poore\^ let- ter, p. 469. The facts will appear by the following : '^ On the olst oj January last the Institute of France awarded the ^ Cross of the Legion of Honor^ to Dr. Jackson as the discov- erer of of etherization. — Minority Report, JS'^o. 114, 20th Con- gress, 1S48-9, February 28." 8 The report was made in January, 1849. (See Minority Report* No. 114, September, 1848-9, H.R.) ^ P ^ I had written as follows : "If it is the intention of the Academy to pass upon this ques- tion, I trust that I shall receive notice thereof, that I may lay be- fore the Academy the evidence developed by the several investi- gations, and may be personally present. I have also some most material and recently discovered testimony not laid before the committee of Congress, or the trustees of the hospital, which I hope to have in form in season for your investigation." I never received any notice in reply, and the journal does not show that they ever intended to give me any. The report had already been made in January, 1849. ^See Minority Report, No. 114, uhi supra.) ' Now, at that time, even the evidence which I had forwarded had not reached them.* "Boston, March 14, 1849. " Dear Sir : By a letter received from our Paris agent while you were in Washington, we learn that your pamphlets, addressed to the French Academy and others, owing to a wrong impression, have not as yet been received. They remained at the French custom-house from May 6th to December 16th. The duties on them have now been paid, and they are in the hands of an agent at Paris awaiting your further instructions. Please give us your orders in season for transmitting per next steamer from Boston. "We remain yoar obedient servants, "HARNDEN & Co. "W. T. G. Morton, M. D." In this state of things, all that Dr. Jackson could procure, was suoh a report as we have seen. I return now to what has been stated, as to my having invari- ably introduced fairly and fully the claims of my adversaries on all occasions of investigation. And recently, I have proceeded to cite and examine witnesses before the U. S. Commissioner at Boston, in perpetuam ret memoriam, in the presence of Dr. Jackson's counsel, and with ample opportunity to him to detect error on my side and fortify his own. This testimony will be found most important and convincing, and is at p. 191. This has been my course : — open, bold, courting investigation, defying controversy. On the other hand, I refer you to the testimony of Horace * Dr. Morton also met with another misfortune. All his pamphlets consigBed for distribution to the principal journals and the chief surgeoDS acd men of sci- ence in Great Britain, got into the possession of a person who had heoome com- mitted and prejudiced against Dr. Morton, and they ATere suppressed. — Littell's Living Age, No. 201. Cornwall, Esq., the counsel employed by me in that proceeding, at page 121, Appendix. By this you will see — 1st. That Dr. Ellsworth, one of the three principal witnesses relied on for Wells, is little else than the actual party concerned. 2d. That under his direction the witnesses for Wells were with- drawn from cross-examination by my counsel, — were examined privately, under lock and key, — to keep them from the test of truth I — that even after they were so examined, my counsel was refused to see their testimony, and even their names withneld from him by direction of Dr. Ellsworth, acting avowedly as the agent for Wells's claim. I have a right, I think you will agree, thus to contrast my course with theirs, leaving you to draw your own conclusions from the facts. I forbear to make any commentary on them. I ask you only to read Mr. Cornwall's deposition, (p. 121 Appendix.) In like manner, on the preseiat occasion^ the same consciousness of right, and the same determination not to claim or receive any honor, reward, or payment, which shall not be clearly mj due, upon a full and impartial hearing of all sides, have induced me to collect together, and to print at my own expense, all that has ever ap- peared in the way of evidence in support of my opponents. My only alternatives were to subject myself to apparently in- terminable delay, or to the most unjust and unfounded imputation, (speech of Hon. Truman Smith, August 28, 1852, Cong. Globe,) heretofore made, of having proceeded and acted upon the con- sideration of my claim alone. The present session is rapidly passing away. The memorials of Boston surgeons, physicians and others, in my favor, were, I believe, the very first which were referred by the Senate. My evidence was promptly pre- sented and referred. After the lapse of nearly a month, and neither of my opponents having appeared, notice was given to Mr. Hayes, (counsel for Dr. Jackson,) and Hon. Truman Smith, (representing Mr. Wells,) to present their evidence, respectively, and have it referred to your committee. Time is still rapidly passing on. No such evidence has been presented by either of these parties. You will perceive at once, Mr. Chairman and gentlemen, that the strategy of my opponents is directed to wearing out my life, and exhausting my means, in order that they may be " in at the death.^' I am determined that, if Heaven spares my life, to complete this communication, to my wife and children at least, and to my name and memory, you shall have been the means of doing complete and impartial justice. I therefore submit to you herewith printed copies of two minority reports in favor of Dr. Jackson,* with all the evidence, rumors, hearsay, speculations, arguments and opinions, relied on in those reports to support his pretensions, with annotations. * See notes on pages 54?, 549 and 5G4. 10 I also submit printed copies of the two pamphlets published in favor of Dr. Wells, (the first by Wells himself, and the second written by the Hon. Isaac Toucey,) together with all the evidence, rumors, hearsay, speculations, arguments and opinions by which it is attempted to be sustained. This includes a document of one hundred and thirty-two pages. I invoke, and if I may be pardoned for the use of the language, I demand a fair and impartial examination of all these. At the last session of Congress, and just at its heel, a coalition between the Wells and Jackson claims suddenly interposed an unexpected difficulty in my w^ay. I will not deny that, under the circum.- stances, enough was said and done to throw doubt upon my right. Apprehending the repetition of this, as it seems to me very unfair course, I determined to submit my claim again to the most rigid judicial investigation, if that were considered necessary ; and if, on that basis. Congress would appropriate what it should deter- mine to be due to the discoverer, whoever he might prove to be^ Accordingly, the following projet of a bill was presented to the Hon. Truman Smith and to Mr. Hayes : AN ACT To reward, by a national testivionial, tJie discovery of the mea^is of producing insensibility to ■pain in surgical operations and other cases of niffering. Whereas a discovery has been made of the existence of anaesthetic qualities capable of being applied safiely and certainly, and with great utility, to produce entire insensibility to pain, and thus enabling surgical and obstetrical operations to be performed safely and without suffering, and of the application thereof: and whereas the government of the United States have had the benefit thereof in their military and naval service, and the free and common use by the public generally ; and whereas a judicial inquiry seems to be necessary to ascertain which of the three claimants hereinafter named is justly entitled to be rewarded for the discovery aforesaid, be it therefore enacted, &c., as follows . Sec. 1. That the sum of one hiaidred thousand dollars is appropriated in the hands of the Secretary of the Treasury, out of any moneys in the treasury not otherwise appropriated, as a remuneration for the use of the discovery aforesaid, to be paid by the Secretary of the Treasury to one of the claimants hereinafter mentioned, who shall, by legal and competent evidence in the proceedings here- inafter provided, establish his claim thereto, for and on account of the discovery aforesaid : Provided, That if W. T. G. Morton, hereinafter mentioned, shall be declared by final judgment in the proceedings hereinafter mentioned to be enti- tled to receive the fund hereby granted, he shall, before receiving the same, execute and deliver to the Commissioner of Patents, a surrender of the letters patent granted to him on the twelfth day of November, in the year eighteen hundred and forty-six. Sec. 2. That the district attorney of the United States for the district of Mas- sachusetts shall forthwith file in the Circuit Court of the United States for the district of Massachusetts, sitting in equity, in the name and in behalf of the Secretary of the Treasury, a bill of interpleader, therein reciting this" act as the substance thereof; the Secretary of the Treasury, as stakeholder of the fund hereby granted, shall be made complainant, and William T. G. Morton, of Bos- ton, in the State of Massachusetts, Charles T. .Jackson, of Boston, aforesaid, and the legal representative or represuntatives of Horace Wells, late of Hart- ford, in the State of Connecticut, deceased, shall respectively be made respond- ents, in which suit the said Morton and Jackson and the legal representative or representatives of t he said Wells shall litigate their respective claims to receive II the remuneration hereby granted for and on account of the discovery aforesaid. And the said Circuit Court is hereby authorized to take jurisdiction in the said cause and determine the question to whom the reward shall be paid, by refer- ence to the principles and analogies in which courts of equity having jurisdiction of patent rights and other equitable jurisdiction proceed, for which said court is authorized to make all necessary orders therein, and to make a final decree, declaring which of the said claimants is entitled to receive the said reward for and on account of the discovery aforesaid. And from the final decree of the said Circuit Court made in the premises, either of the other respondents may appeal to the Supreme Court of the United States, which appeal shall be taken, entered, prosecuted and disposed of like other appeals from the Circuit Courts in equity cases. Sec. 8. If either of the said respondents, after due notice and summons, shall fail to appear and put in an answer to said bill at the time that may be prescribed by the court, the court shall proceed and adjudicate upon the claim or claims of the other respondent or respondents who may have appeared and answered as aforesaid. M7\ Smith declined, on the ground that Mrs. Welis was unable to sustain the expense of litigation. I then, through Hon. E. T. Davis, Hon. Charles Chapman and E. March, esq., offered to Mr. Smith to advance to her in cash the means for such litigation, or to bear all the expense myself. This was declined. Mr. Hayes also declined. Can 1 give further proof of my fairness ? I am aware that a minority report in favor of Dr. Wells must, in the nature of things, come from your honorable committee. It is my misfortune to have for one of my judges an honorable sena- tor^ who, in the debate on the 28th August last, used the follow- ing language : '' I pledge whatever reputation I may have, that if the Senate will allow me, at the next session of Congress, an opportunity to be heard on this subject, I will make out a case for the family of Dr. Horace Wells, deceased. If the subject shall then be referred to the judgment of a committee of this body, I will be prepared to make out a case worthy the most grave and serious considera- tion. * * ^- I denounce tl.is attempt to filch money frcm the treasury as an outrage upon the rights of others,, and a most abominable imposition on this Government. I believe that this Morton is a rank impostor — that there is no justice or truth in his preteded claim. I demand, in the name of justice and right, to have an opportunity to come before the Senate and tell the story of the wrongs of the poor widow and defenceless children of Dr. Horace Wells — wrongs which they have suffered at the hands of this man Morton, who has attempted to rob their hus- band and father, who has descended to the grave, of a discovery which is one of the most extraordinary made in modern times." It is scarcely to be expected of human nature that, '* though * Deposition of H. Cornwall, Esq., p. 121, Appendix. « The Hon. Senator demands an oppominity of making out a ca.-^e—for whom ? For clients of his.'* Speech of Hon. Geo. JE. Badger, in Senate, Aug. 28, 1852, Co7ig. Globe. 12 one should come from the grave" to testify, such foregone con- clusions can be removed. I proceed now to bring to your notice such views and such facts as appear to me essential to the attainment of truth. And first, I remark, that my claim upon the Government rests in the first place, on a strict legal title. I hold the patent of the United States. Six years have elapsed, and no bill has been filed or other proceeding taken, to invalidate the patent. The Govern- ment of the United States have used, and continue to use, in the army and navy, the discovery which by its patent it has solemnly declared 1o be my property, and this without any compensa- tion. The whole people of the United States have in like man- ner used it, without compensation to me. Next, it is to be observed that of the two parties now contest- ing my right, one of them (Dr. Jackson) has formally and sol- emnly released to me all his interest and claim in the premises ; and the other (Wells) does not claim, but depreciates and con- demns the agent (sulphuric ether) v/hich is used by the Govern- ment and people of the United States. He claims that nitrous oxide gas in the true agent discovered by him. This agent never was, nor can it ever be, of any value. The idea of u^ng it is as old at least as Davy and Beddoes, and tLe practical verification of it has never to this day been made. Here, then is neither original conception, nor verification for practical use. On this point I beg leave to reproduce here the following letter : " National Hotel, *' Washington, January 18, 1853. ** Deae. Sir : The subject of the discovery of ansesthesia being now before a committee of which you are chairman, I beg leave to submit to you, and through you to the committee, a propo- sition . ** One of those who contest my right to the discovery, does so on the ground that aneesthesia had been discovered by Dr. Wells prior to my alleged discovery; and that the anaesthetic agent used in the discovery by Dr. Wells was nitrous oxide gas. Now, if aneesthesia, for surgical purposes, was ever discovered through nitrous oxide gas as the agent, that agent, for the same purposes, will still manifest its efficiency. I deny that such a discovery, by means of said agent, ever was made, or that said agent pos- sesses available anaesthetic properties alone for surgical opera- tions. At the same time, I assert and claim that aneesthesia was first discovered by me, through the agency of sulphuric ether. Therefore, to prove that nitrous oxide neyer was discovered to be an available ansesthetic agent in surgical operations, and that it is not such now ; and to prove also that sulphuric ether was discovered to be an available anaesthetic agent for such purposes, 13 and is so now, I propose that an actual demonstration shall be made before the committee of the two agents, in such surgical operation or operations as are considered fair tests by scientific men, at such time as the committee may direct and patients ob- tained . '' Yours, very truly, ^^W. T. G. MORTON, M. D/'^ " Hon. J. P. Walker, Chairman,'^ ^c. Again: The legal vested right which I hold is not liable to be impaired or divested by any legislation. These views premised, and repeating the reference to the reports and evidence touching Dr. Jackson's claim, let the facts concerning Dr. Wells's pretensions be calmly and impartially reviewed. I beg the committee to bear in mind, that what I aim at throughout this paper, is such a review of the case as an im- partial judge would make. Of course, I am aware, that in my position, I can hardly attain this aim : but I wish to call attention to the fact, that the points I make might be much more strongly urged in the way of mere partisan defence or attack. Upon the claim of Dr. Wells, the report of the Select Com- mittee of the House of Representatives of the last session, remarks as follows : '' The claim in behalf of Dr. Wells rests on his experiments with nitrous oxide, referred to by your committee in the early part of their report. He had the merit of attempting to carry out practically the idea suggested by Sir Humphrey Davy, of rendering, by its influence, a patient insensible to pain in a surgical operation. He has also undoubtedly the merit of having contributed some- thing in directing the mind of Dr. Morton to the subject, and thus aided in conferring this great boon upon mankind. Origi- nally he did not claim for himself the honor of the discovery, but merely of the attempt, which he admitted to have been fruitless. * After this document was in type, the above proposition was accepted by the committee, and the demonstration, so far as ether was concerned, took place at the infirmary of this city, this morning, January 28, 1853. Apprehensive that it might be said that the nitrous oxide gas could not be procured, I caused it to be mauufacturrd by a compentent chemist, (recom- mended by the Professor of the Columbian College,) and further to satisfy the surgeon selected by the committee, (Dr. May,) of its purity, I administered it to several persons on the evening of Janusry 27, in his presence, and that of several senators. To-day, at the infirmary, we had a patient and the nitrous oxide gas and ap- paratus in readiness. Dr. May was urged by the chairman of the committee to use the nitrous oxide. He refused peremtorily. He had also been requested by Mr. Trueman Smith, and had refused. I then proceeded, in presence of the committee, and of surgeons of the army and navy, and the medical class, toad- minister the ether. Complete etherization was soon produced, which continued through a dangerous and protracted surgical operation, lasting about three quarters of an hour. W. T. G. M. 14 '^ The letter of Dr. Morton announcing his discovery and the reply of Dr. Wells, together with the letter of R. H. Eddy, dated February 17, 1847, prove this. They are as follows : iii\ "^Boston, Octoher 19, 1846. •Friend Wells — Dear Sir : I write to inform you that I have discovered a preparation, by inhaling which, a person is thrown into sound sleep. The time required to produce sleep is only a few moments, and the time in which persons remain asleep can be regulated at pleasure. While in this state the severest surgical or dental operations my be performed, the patient not ex- periencing the slightest pain. I have perfected it, and am now about sending out agents to dispose of the right to use it. I will dispose of a right to an individual to use it in his own practice alone, or for a town, county, or State. My object in writing to you is to know if you would like to visit New York and the other cities, and dispose of rights upon shares. I have used the com- pound in more than one hundred and sixty cases in extracting teeth, and I have been invited to administer to patients in the Massachusetts General Hospital, and have succeeded in every case. " ^The Professors, Warren and Hay ward, have given me written certificates to this effect. I have administered it at the hospital in the presence of the students and physicians — the room for opera- tions being as full as possible. For further particulars I will refer you to extracts from the daily journals of this city, which I for- ward to you.' " ^Respectfully yours, **^WM. T. G. MORTON.' ** * Hartford, Connecticut, October 20, 1846. *^ ' Dr. Morton — Dear Sir : Your letter, dated yesterday, is just received, and I hasten to answer it, for fear you will adopt a method in disposing of your rights, which will defeat your object. Before you make any arrangements whatever, I wish to see you. I think I will be in Boston the first of next week — ^probably Monday night. If the operation of administering the gas is not attended with too much trouble, and will produce the effect you state, it will, un- doubtedly, be a fortune to you, provided it is rightly managed. " * Yours, in haste, •* • H. WELLS.' '' * Boston, February 17, 1847. ** 'Dear Sir: In reply to your note of this morning, I have to state that about the time I was engaged in preparing the papers for the procural of the patent in the United States, on the discov- 15 ery of Dr. Morton, for preventing pain in surgical operations by the inhalation of the vapor of sulphuric ether, I was requested by Dr. Morton to call at his office to have an interview with the late Dr. Horace Wells, who was then on a visit to this city, and who Dr. Morton thought might be able to render him valuable advice and assistance in regard to the mode of disposing of privile£;es to use the discovery. Accordingly I had an interview with Dr. Wells. During such meeting we conversed freely on the discov- ery and in relation to the experiments Dr. Wells had been witness to in the office of Dr. Morton. The details of our conversation I do not recollect sufficiently to attempt to relate them, but the whole of it, and the manner of Dr. Wells at the time, led me, in no respect, to any suspicion that he (Dr. Wells) had ever before been aware of the then discovered effect of ether in annulling pain during a surgical operation. Dr. Wells doubted the ability of Dr. Morton to procure a patent, not on the ground that he (Dr. Morton) was not the first and original discoverer, but that he (Dr. Wells) believed the discovery was not a legal subject for a patent. He advised him, however, t« make application for one, and to dis- pose of as many licenses as he could while such application might be pending ; in fact, to make as much money out of the discovery as he could while the excitement in regard to it might last. I must confess that when, some time afterwards, I heard of the pre- tensions of Dr. Wells to be considered the discoverer of the afore- mentioned effect of ether, I was struck with great surprise, foi' his whole conversation with me at the time of our interview, led me to the belief that he fully and entirely recognized the discov- ery to have been made by Dr. Morton, or at least partly by him and partly by Dr. C. T. Jackson, as 1 then supposed. " 'Respectfully yours, " 'R. H. EDDY.' " 'R. H. Dana, Esq.' '* The evidence presented with Dr. Wells's claim shows that dental operations were in several instances performed without pain by Dr. Wells, under the influence of nitrous oxide, which had been before known in some cases to produce a total or partial asphyxia. It appears, also, that the vapor of sulphuric ether was thought of, discussed, and finally rejected by him — while the total abandonment of the use of nitrous oxide, and, indeed, of every other agent, shows that Dr. Wells's experiments were, on the whole, unsuccessful. He engaged in the search and failed to find the object of his pursuit. He attempted and endeavored assiduously to carry out the idea to practical results, but was not successful. There was great merit in the effort, but it proved a failure. ^' Dr. Weils, therefore, in the opinion of your committee, is not entitled to the honor of the discovery. He stopped half way in 16 the pursuit. He had the great idea of producing insensibility to pain, but he did not verify it by successful experiments. He mis- took the means, and he unfortunately rejected the true anaesthe- tic agent as dangerous to life, and therefore did not make the dis- covery and give it to mankind. He did what Dr. Beddoes, Sir Humphrey Davy, and Dr. Townsend had done about the close of the last century, but nothing more. "But he had the signal merit of reviving the investigation, and, probably, of hastening the discovery. If an idea connected with the subject lay dormant in the mind of any one, his attempt was well calculated to aw^aken it into life. When in the fall of 3844, he made his public attempt, in Boston, to produce anaesthe- sia during a dental operation, by the use of nitrous oxide, if Dr. Jackson had indeed made and perfected this discovery, and felt an abiding confidence in its truth, who can doubt that he would have availed himself of that occasion, or have been reminded by it, to make for himself another, at an early day, of publicly ex- hibiting and testing the true anaesthetic agent ?" ]f the facts assumed and stated in this extract are truly and cor- rectly stated, and there are no other facts controlling their rational and legitimate effect ; and if the merit of Dr. Wells be limited to a speculative idea, that some safe and practical agent might be dis- covered to produce insensibility under surgical operations, it could hardly be contended that such idea was either original, or of any value so long as it remained e mere speculation. If that speculation, and his experiments thereupon, were con- fined to the nitrous oxyde gas,* and if these experiments were on the whole unsuccessful, and the whole subject was totally aban- doned by him without verifying his idea or arriving at any useful conclusions in support of it, it is equally clear that he has no further merit than that of contributing to direct the public mind in the same track, and thereby increasing the chances that such a discovery should be made. But it remains to inquire, whether this be in fact the whole case made for Dr. Wells : and if any other or different case be made out by the evidence, what is its true claim, if any, upon the justice or bounty of Congress, The claim itself, as set forth by the mem^orial of William W. Ellsworth and others, is, that '• to him (Wells) and to him alone is the honor and award due.^^ * Since this document went to press, positive testimony has been received from Professor George Hay ward, M. D,, that he asked Dr. Wells, after his return from Europe, " If he had ever used sulphuric ether by inhalation, so as to render any one insensible to- pain, and performed any surgical operation on the indi- vidual while in that state ? The answer was : ' That he had not.' " Professor Hayward's deposition unfortunately arrived too late for insertion in this work, but will be submitted to the committee. 17 This exclusive claim is based upon an alleged discovery " in the autumn of 1844;" a discovery which is now alleged to have established the great fact, that complete insensibility under sur- gical operations might be produced at will, safely and certainly, by the inhalation of anaesthetic agents. Upon this subject, of what constitutes the discovery, the printed argument in support of Dr. Wells's claim was in this language : (pp. 1 and 2,) ^'Dis- covery hy the late Dr. Horace Wells, ^c. Hartford : Elisha GeeVf Stationer and Printer. 1852." ''If the mere conception of an idea, without subjecting it to the * test of experiment, be what is meant, then the inquiry, like all "^ others about abstract ideas floating loosely on men's minds, would ' be a very different one, and not worth preserving. If a mere ' theoretical opinion, more or less confidently entertained, or per- ' haps expressed, be all that is intended, the inquiry would be ' neither less ditlicult nor of any more value. But if by discovery ' in this case, be meant the first practical successful application of ' some one or more of a class of agents to the purpose of producing ' insen'iibility to pain under surgical operations, with safety to the 'subject of the7n, it will not be difficult to arrive," &c., &c. The discovery claimed, according to this view taken for Dr. Wells, is the ascertainment of the fact that some one or more of a class of agents v/ould produce insensibility to pain under surgical operations, with safety to the subject of them. In order to make this discovery valuable, it must be conceded (and is supposed to be implied in the passage quoted) that the proposed effect must be thereby ascertained to be produced with certainty and safety, and la ali cases, unless, of course, the ex- ceptions be mere exceptions proving the rule. The proposition also implies that the discovery is of a prin- ciple, extending through a class of agents, leaving the choice among them to be regulated by minor considerations and by con- venience. Admitting this proposition to be correct, argumeuti gratia the question then, arises, Wh*ether in fact Dr. Wells made such discovery prior to. the undersigned ? The first and most striking fact which arises upon this ques- tion, is the correspondence between the undersigned and Dr> Wells of October 19 and 20, 1846. The authenticity of this correspondence is proven by the testi- mony of the honorable James Dixon, (Appendix p. 32,) that gen- tleman having been one of the signers of the memorial of Ells- worth et al., before referred to, and having been recently examined with others who had signed it, for the purpose of ascertaining their knowledge of the facts involved in the controversy. Mr. Dixon (Appendix, page 32) testifies that, having seen the cor- 18 respondence published among Dr. Morton's papers, he applied to Dr. Wells for an explanation of it. That explanation will "be found in the testimony of Mr. Dixon, and may be disposed of with the remark that it is evidently unsatisfactory on the face of it. The point for which that testimony is now referred to, is simply to show that Dr. Wells admitted the genuineness of the correspondence as hereinbefore quoted from the House report. How, then, can the letter of Dr. Wells of October 20, 1846, be reconciled with the pretensions now put forth for him ? The letter of the undersigned, to which it is a reply, distinctly claims as his discovery (then recently made) the very fact which, on behalf of Dr. Wells, as before quoted, is claimed to be the whole discovery — and the only discovery of any worth or value — • viz : the fact of the actual effective application of some one or more of a class of agents to the purpose of producing insensi- bility to pain, under surgical operations, with safety to the sub- ject of them. According to the proposition on behalf of Wells, {and Ms ■whole case depends absolutely iipon its admission,) the particular agent used is unimportant to the discovery — the discovery being the truth that such insensibility was produced by one or more agents of a class of agents. But it is simply the result — the fact of insensibility to pain — which the undersigned claims in that letter to have discovered, as producible by something which he does not describe or disclose. Can it be disputed that this was a direct claim advanced by the undersigned to Dr. Wells himself, of the whole body of the discovery which is now claimed for Wells? And can it be doubted that if that discovery, or anything like it, was then the property of Wells, his reply must have referred to it, if it did not effectually guard his right ? Is it possible to reconcile the claim set up for Wells with the reply made by him to the under- signed's communication? So far from indicating or suggesting that any prior discovery had been made by him of the great fact in question, he hastens to congfratulate the undersis-ned on his discovery, and says: "7f the operation of administering the gas is not attended with too much trouble, and will produce the EFFECT YOU STATE, it ivill Undoubtedly be a fortune to you, pro- vided it is rightly managed.'' He proposes to see and advise the undersigned as to the method of disposing of his "rights." The testimony of Mr. Eddy covers the interview thus proposed, and is wholly inconsistent with the present pretensions of this party. It would require a greater amount of proof than is ordinarily within the power of parties to do away with a fact like this. Standing alone, it is a clear admission that at the date of that letter, viz : October 20, 1846, Dr. V/ells had made no discovery 19 which, with all the partiality of the discoverer himself, he could claim or pretend to be eqiiiTalent to the discovery which the un- dersigned announced to him by his letter of the 18th of the same month. Again : It is claimed for Dr. Wells that this very discovery was communicated by him (Wells) to the undersigned. Is this reconcilable with the letter of the undersigned addressed to him in such terms, and immediately after the complete verifica- tion of the fact of anaesthesia by inhalation of ether. Upon ordinary rules and principles of human action, the conduct of neither party at this juncture is reconcilable with the case set up for Wells. The next fact, which is not to be disputed, and which is highly significant, is that, notwithstanding the alleged discovery by Dr. Wells " in the autumn of 1844," the same discovery took the world by surprise in the autumn of 1846, and immediately assumed its gigantic shape and importance in the eyes of huma- nity. The forcible reasoning of the House report, upon a similar fact in the case of Dr. Jackson, applies here also. It is unneces- sary to do more than refer to those remarks in this connexion. The testimony in relation to the claim of Wells may be best considered by distributing it according to its applicability to several cardinal points, viz : 1st. The facts and circumstances attending his alleged dis- covery and experiments, from its conceptien down to his visit tO' Boston on that business. 2d. The facts attending that visit and his return therefrom. 3d. The facts bearing upon the question w^hether he then aban- doning his theory as unsound and of no practical value, leaving the question of ansesthesia in substantially the same condition as he had found it. In the publication made by Wells himself, under date of March 30, 1847, {''History of the discovery of the apjAication of nitrous oxide gus^ ether and other vapors to surgical operations, by Horace Wells: Hart pro J. Q-aylord Welles, 1847," p. 5,) he says: -'Reasoning from analogy I was led to believe that surgical operations might be performed without pain, by the fact that an individual when much excited from ordinary causes, may receive severe wounds without even feeling the least pain ; as, for instance, the man who is engaged in combat may have a limb severed from his body, after which he testifies that it was attended with no pain at the time ; and so the man who is intoxicated with spirituous liquor may be severely beaten without his even feehno^ pain, and his frame in this state seems to be more tenacious of life than under ordinary circumstances. By these fliers I was led to inquire if the same result would not follow by tlie inhalation 20 of exhilarating gas, the effects of which would pass off immedi- atelj, leaving the system none the worse for its use. I accordingly produced some nitrous oxide gas, resohdng to make the first ex- periment on myself, by having a tooth extracted, which was done without any painful resolutions. I then performed the same operation for twelve or fifteen others with the like success. This was in the fall of 184-i. Being a resident of Hartford, Connec- ticut. I proceeded to Boston in December, to present my discovery to the medical faculty," &:c. &;c. Appendix page 90 is the affidavit, ^o. 1, of John M. Biggs, whose subsequent affidavits will be hereafter noticed. In No. 1, this witness says: "On or about the 1st of Novem- ber, 1844, I was consulted by Horace Wells, surgeon dentist, of this city, county and State aforesaid, as to the practicability of ad- ministering nitrous oxide gas prior to the performance of dental or sui'gical op?rations. Thinking favorably of the suggestion, it was decided to make trial of the gas in question; and the day follcvring, per agreement, the protoxide of nitrogen was adminis- tered to Horace Wells, aforesaid, at his request ; and I extracted one of his superior molar teeth; he manifesting no signs of suf- fering, and stating that he felt no pain during the operation. In his deposition No. 2, (Appendix page 91,) he says : " I, John M. Biggs, kc, &c., do depose and say, that during the months of Novemher and December^ 1844, I made use of the inhalation of nitrous oxide gas, both alone and in connexion ^-ith Dr. Wells, for the prevention of pain during the extrac- tion of teeth. I declare that these experiments were repeated during these two months not less than twenty times, more or less.'' By the depositions of Samuel A. Cooley, forwarded to Hon. €harles Chapman, (Appendix, p. 1), on behalf of Mr. Wells, and by the subsequent examination of the witness. Biggs, (Appendix, p. 94) under citation from the United States Commissioner, it clearly appears that the facts attending this alleged discovery were as follows : On the 10th of December, 1844, a person named Colton (Appen- dix, p. 127,) gave an exhibition in the city of Hartford, to show the common and well known effects of the nitrous oxide or "'laughing gas." On the next day (December 11.) he gave a private exhibition at which the witness, (Cooley.) Wells and others were present. Cooley, (Appendix, p. 1,) while under the influence of the gas, bruised his shins, without being sensible of it. He, Cooley, says when made aware of this fact he remarked that he believed a man might get into a fight with several and not know he was hiu't ; and that "if a person could be restrained, that he oould undergo a severe surgical operation without feeling any pain at the time." 21 That Wells then remarked 'Hhat he (Wells) believed that a person could have a tooth extracted while under its influence, and not ex- perience any pain," and " that he (Wells) had a wisdom tooth that troubled him exceedingly, and if said G. Q. Colton would fill Ms bag with some of the gas, he could go up to his office and try the experiment," which said Colton did, and the said Wells, G. Q. Col- ton and your deponent and others, at this time unknown to de- ponent, proceeded to the office of said Wells, and that said Wells there inhaled the gas, and a tooth was extracted by Dr. Riggs, a dentist there present," &c., &c. It cannot escape animadversion that this account differs from that of Wells, and of Riggs in his two ex parte depositions. Not only does it appear that the positive and reiterated statements by Wells and Riggs as to the month of November is incorrect, but that the facts and circumstances with regard to Colton's exhibi- tion and the drawing of Wells's tooth immediately thereafter were suppressed, obviously, it would seem, for the purpose of putting a new face and color upon the transaction by the alleged idea and speculation of Wells. The fact is not doubted that Wells had his tooth drawn ; nor is it doubted that he attempted to extract teeth for others. In his own publication, (before cited,) he states at page 6, that prior to his visit to Boston in December, 1844, he had done so, and that '''with one or tivo exceptions, all on whom I (Wells) had operated, numbering twelve or fifteen, assured me that they expe- rienced no pain whatever.'' The number of operations thus per- formed, does not appear satisfactorily ; but it is to be presumed that Wells himself has stated it as strongly as the truth would allow, and of the number operated on by him, he admits that there were one or two who suffered pain. (Appendix, p. 10.) In this state of things he proceeded to Boston. He states that, by the invitation of Dr. Warren, he addressed the medical class en the subject; and at pp. 6 and 7 he details his argument then used, and which certainly was not calculated to make a favorable impression on scientific minds. He also fully admits the failure of his experiment then to dravf a tooth with- out pain ; though he refers this failure to the premature with- drawal of the patient for the operation of the gas. Let us now inquire what was the result of this failure. Taking even Wells's own account of what he had theretofore accoraplished, the mind is quite prepared for what followed. On this subject, the testimony of Cooley, (Appendix, p. 5,) Olni- stead, (Appendix, p. 12,) Brinley, (Appendix, p. 20,) Bolles. (Appendix, p. 14,) is conclusive. Cooley states that a verbal arrangement had been entered into between him and Wells, immediately after the experiment of the 22 11th December, 1844, in tlie nature of a partnership in the mat- ter of drawing teeth without pain. In his answer to the sixth interrogatory, he says : " The first intimation I had that Dr. Wells did not intend to carry out the partnership arrangement with me, was when he informed me, several weeks after this ar- rangement was entered into between us, that he had just returned from Boston, where he had made a public experiment which had proved, a failure. He then said to me that he was disappointed in the effects of the gas ; and that it would not operate as we had hoped and thought it would, as there was no certainty to he jolaced up)on it, and, consequently he should abandon it, as he had so much orher business to attend to ; and, as the gas would not operate in all cases alike, and therefore would not be trusted, HE ADVISED ME TO GO ON WITH MY EXHIBITIONS, and thought I could make money out of them ; and that, although he had got through with his experiments in the business, he would assist me in any way he could, in order that I might succeed with my lec- tures, and administering the gas, mesmerism, and the use of a card of questions which he had prepared, so arranged that a cor- rect answer could be given by a person in the adjoining room." Cooley further says, in his answer to the ninth interrogatory, (Appendix, p. 5,) " I know of Dr. Wells going to Boston, soon after the noise in the papers of the discovery of the effects of «ther by you, in 1846, and had a conversation with him, on his return, about your discovery. He made no claim to me of the discovery being ours, hut, on the contrary, expressed regrets that we had not continued our experiments to a successful termina- tion.'' In his answer to the tenth he says, "2 discovered no ma- terial change in the health of Dr. Wells, after his return from Boston, in January, 1845, and he followed his professional busi- ness the same as usual, until early in the spring, when he com- menced getting up a panorama, or exhibition of natural history ; and that he exhibited for some time in the City Hotel in this city.'' The testimony of Bolles, Olmstead, and Brinley will be found to confirm the witness Cooley, in the material points, and in ail respects when their knowledge extends to the same or similar particulars. If any coniirmation were needed for this evidence, it is abun- dantly supplied by the fact, at once public, notorious, and of contralling significance, that from the period of Wells's unsuccess- ful demonstrations at Boston, until after the discovery by the un- dersigned, nothing whatever w^as heard of the supposed discovery, so full of comfort and relief from suffering to the minds and hearts, as well as to the bodies of men — for it can scarcely be considered a greater boon to. the physical sufferers themselves than it is to all those whom the ties of blood and nature have so united w^itH them, as to produce the most exquisite sympathy in 23 pain or pleasure. Father, mother, son, daughter, husband, wife, brother, or sister, are words which it is enough to pronounce in this connexion, to prove the justness of this language. It would require very strong proof to countervail the single consideration presented in the last paragraph. But the fact is undoubtedly as stated ; and the suggestions, on the part of Dr. Wells, to account for it can produce no impression on any impartial mind. It is abundantly clear from the evidence, that Wells had means, health and energy enough to devote himself to other pur- suits during this period. Nor is there any ground for the insinua- tion (very much out of place in the testimony of a witness) which is found in the affidavit of the witness Riggs {at page 27 of the Wells pamphlet, 1852,) to the effect that Wells failed at Hartford, for lack of a hospital, ^^ or ample surgical facilities which Boston possesses ;"" and that he was foiled at Boston, because ^Hts array of surgeons, its hospitals, its medical and other journals were all eager to secure the credit of the discovery to the Athens of America," as that city is sneeringly called by the witness. In the same exceptionable tone (very much calculated before any court or jury to deprive their testimony of the weight which belongs to that of every impartial and credible witness) are the affidavits of the other witnesses mainly relied on in support of Wells's claim, (viz : Drs. Marcy and Ellsworth,) which will be particularly noticed hereafter. It is remarkable, in this connection, that Dr. Wells shows that he had access to the very theatre where the under- signed demonstrated this discovery, and that he was by Dr. J. C. Warren (who afterwards hailed the discovery of the undersigned as a blessing to humanity,) received two years before with equal candor. Without pursuing this point further, it may be safely con- cluded, with a general reference to the evidence, that Wells hav- ing become satisfied by his signal failure at Boston, that his notion of intoxicating the patient, and by his excitement, making him insensible to pain, was neither safe nor certain in its practical operation, abandoned it entirely, and left the matter substantially where he found it on fc occasion when Cooley bruised his shins, and like a drunken man was unconscious to pain in his exhilara- tion. No one who is familiar with the evidence in this whole contro- versy can doubt that so far as Wells is concerned, the world at this moment, with reference to this important and most interesting discovery, would be just where it was half a century ago with the suggestions of Sir Humphrey Davy as to the effect of nitrous oxide gas, but for the undersigned. This claim has been shouldered by the municipal council of Hartford, by sundry physicians of that place, and by the legisla- ture of Connecticut. It is to be remarked that neither of these bodies acting together, profess to have any personal knowledge of any fact goirg to 24 establish the right in controversy. Neither can it escape observa-- tion that such proceedings, not preceded by any deliberate exam- ination of facts, are entitled to very little weight, however re- spectable or authoritative the sources from which they emanate. It appears from the proceedings before the House committee, that on that occasion the undersigned took pains to bring before that tribunal the claims of his competitor, and invited a thorough investigation of their respective pretensions. Upon the adjourn- ment of the last session of Congress the undersigned proceeded to Hartford, and there instituted a proceeding intended to be within the provisions of the Judiciary act of 1789, or the acts of 1812 and 1817, for the taking of testimony, and in this manner ex- amined all the witnesses within his reach, who had been supposed to support Wells's claim, in the presence of Mrs. Wells's counsel, and with all the disadvantages of an examination in chief of witnesses to a certain degree committed against him, followed by a cross examination in support of their original evidence. This testimony will be found in the Appendix. The mass of it may be disposed of with this remark, that it reduces the resolu- tions of the Council and of the Legislature, and the memorial of Dr. Ellsworth and others to the grade of authority above sug- gested in that behalf. The case is left to stand upon the evidence of Riggs, Marcy, Ellsworth, and the witnesses who testify to the extraction of their teeth under the influence of nitrous oxide gas. Of this la5t, it is unnecessary to say more than has already been said ; but of the witnesses Riggs, Marcy and Ellsworth, it is proper to take more special notice. And first, it may be remarked that Marcy and Ellsworth do not aid Dr. Weils's pretensions beyond the conceded case extending to the expedition to Boston, and the consequent abandonment of the speculation. All that they say is entirely consistent with the testimony of Cooley, Bolles, Olmstead and Brinley. If indeed they regarded the great discovery accomplished in 1844, they would find it dif- ficult to defend themselves, not alone before the profession, but before the w^orld, for suffering it to sleep in oblivion whilst thou- sands were undergoing unspeakable agony. One of these gen- tlemen (Dr. Marcy) by his own account, pretends that he per- formed a single surgical operation with the aid of this discovery ; (an operation, by the way, which he alone appears to have wit- nessed) and then threw aside the whole subject until after the un- dersigned's discovery : — and the other (Dr. Ellsworth) by his own account, a writer for the Boston Medical and Surgical Journal, contented himself with a casual allusion to it in an article headed '*0N THE MODUS OPERANDI OF MEDICINE," published six or scvcn months afterwards ; — which allusion, incidentally introduced, is quoted in the Wells pamphlet of 1852, in the following words : "the nitrous oxyde gas has been used in quite a number of cases by our dentists, during the extraction of teeth, and has been 25 proved by its excitement perfectly to destroy pain." This is all that Dr. Ellsworth can produce by the way of evidence that prior to 30th September, 1846, (when the undersigned's discovery ^vas made) he knew of this great truth which has astoun- ded THE WORLD. (See note page 76 Appendix.) It is upon Dr. Marcy principally that the Wells claim seeks to support itself. It must be conceded that he, Marcy, knew from Wells all that Wells knew or suspected. Wells himself, in his publication of 1847, (p. 13) vouches Dr. Marcy as the person with w^hom he ''advised" and *' discussed the comparative merits of nitrous oxide gas and rectified sulpkurie ether. ^' It is important, then, to see, if possible, to what conclusions Wells's experiments and discoveries had brought Dr. Marcy. This gentleman, in his deposition of 1849, (Wells's pamphlets, 1852, p. 31,) (Appendix, p. 110,) declares that, "in the month OF October, 1844," {which is two months prior to the first no- tion of Wells on this subject,) he " witnessed the extraction of a tooth from the person of T. C. Goodrich, esq., of this city, (Hartford,) by Dr. Horace Weils, after nitrous oxide gas had been inhaled, and without the slightest consciousness of pain on the part of the gentleman operated upon. Not only was the extrac- tion accomplished without pain, hut the inhalatum of the gas was effected without any of those indications of excitement, or at- ternpts at muscular exertion, which so commonly obtain when the gas is administered without a definite object qr previous mental preparation. By this experiment two important, and, to myself, entirely new facts, were demonstrated : 1st, That the body could be rendered insensible to pain by the inhalation of a gas or vapor capable of producing certain effects upon the or- ganism ; and 2d, When such agents were administered to a sufficient extent, for a definite object, and w^ith a suit- able impression being previously produced upon the MtND, that no unusual mental excitement, or attempt at physical effort, would follow the inhalation.^' It is impossible to read Dr. Marcy's statement of these "two new facts" without being reminded of Cooley's testimony with regard to mesmerism. It is apparent that the second and im- portant fact which Dr. Marcy deduced from the experiment of Dr. Wells, viz : that the insensibility to pain would be attended by such a condition of the patient as would make it possible to subject him to a surgical operation, hinged upon tw^o independent and fanciful prerequisites, viz : that the gas should be " admin- istered FOR A DEFINITE OBJECT," aud that the patient should have " A SUITABLE IMPRESSION PREVIOUSLY PRODUCED UPON THE MIND." Again he says, in an article published in the Journal of Com- merce, (Appendix, p. 113,) on the 30th day of December, 1846 : " Another fact in relation to the exhilarating gas, Sfc, is icorthy 26 of notice ; under ordinary circumstances, the person who inhales the gas HAS no control over himself, but if, previous to his taking the gas, he fixes his mind strongly upon some given PURPOSE, AND exercises HIS WILL STEADILY IN ORDEE, TO EFFECT AND CARRY OUT THIS PURPOSE, HE WILL, IN NEARLY EVERY IN- STANCE, REMAIN QUIET." The same description of it is given by Wells in his publication, dated Paris, February 17, 1847, (Appendix, p. 118,) Boston]Atla*s- This is sheer charlatanism. A discovery which depends for its efficacy upon the concurrence of two fools, one to administer, and the other to be administered upon — leaving everything to the effect of imagination — is only entitled to the attention of such as are fit to be operators or patients under that system; and the number of these, it is hoped, is small. But how is it possible that these mental pre- occupations of operator and patient should have been adopted by Dr. Marcy as necessary conditions to the success of Dr. Wells's discovery, if that discovery was understood by Marcy at that time, as identical with or equivalent to the discovery made by the undersigned ? The latter is purely physical in its operation. It does not differ in this respect from any other fact or theory in the materia medica. The former essentially depends upon the imagination ; and, fortunately for humanity, must have but a rare and doubtful operation. It is nevertheless a fact, not now to be disputed, that the manipulations of the mesmerizer have reduced patients (and more than the twelve or fifteen claimed by Wells) to the condi- tion which Dr. Marcy proposes in his second specification of ^'important and new facts." It is not to be wondered at, then, that these gentlemen, Drs- Marcy and Ellsworth, should concur with Wells in the opinion that the operation was uncertain and could not be trusted, and practically abandoned all idea, if such was ever entertained by them, of making it a useful agent in surgery. In fact, it does not appear that either of them performed any operation with its aid until after the discovery by the undersigned ; at all events not between that time and the early experiments which we have seen had resulted so as to induce W^ells himself to abandon the subject. After the discovery by the undersigned had been fuUy tested and established, it was easy enough to reason themselves into the be- lief that it was nil embraced in that which they participated in, but which had been without the slightest profit to the world at large, or any practical advance towards this great boon to hu- manity. It is true that Dr. Marcy states that he performed an operation with ether soon after Wells's first experiments with the nitrous oxide ; but it is by no means clear that such was the fact ; and if the fact, it can hardly be doubted that the experiment was a failure. When the idea occurred to Wells, in the face of his 27 letter of October, 1846, to the undersigned, to claim that he had made the same, or an equivalent discovery in 1844 ; and when Drs. Marcy and Ellsworth came to his aid, it is not possible that the fact that ether itself had been used, and that '* the operation was entirely unattended with pain," if such a fact existed, should not have instantly occurred to them as most material to his claim, and that the facts and particulars, with clear proof thereof, should not have been instantly produced. Yet there are two publications by Dr. Marcy himself, defending Well's claim- one on the 30th of December, 1846, (Appendix, page 113) and the other on the 8th of January, 1847, (Appendix, page 116) both in the Journal of Commerce, ii> which the material fact, although directly pertinent to the precise purpose of the publications, is not even alluded to. In both of these publications he limits him- self to the statement that he, Marcy, had suggested the use of ether to Wells ; but that, " upon reflection and more full discus- sion," he had advised that the exhilarating gas was preferable. On the 27th of March, 1847, (Wells's pamphlet, Hartford, J. Gayland Welles, 1847, p. 20) he makes his third publication, (Appendix, p. 132) and ve.'ifies the same by affidavit, wherein, after reiterat- ing that ether had been discussed and that he had advised against its use, he for the first time states the following fact : " 1 also take this occasion to assert from my positive knowledge that the ether vapor was administered very soon afte/r this period, (and prior to 1845) /o?- the perjormance of a surgical operation.^' This is all he says of it. He does not intimate that he per- formed the operation ; but, on the contrary, states that he had steadily advised against its use. Nor does he state what the operation was, nor what success attended it. It was reserved for his fourth statement (Appendix, page 11 0) made five years after the operation, (1849,) to disclose the fact that he himself performed the operation upon " the young man above alluded to;" and that it was the cutting '^from his head, an encysted tumor, about the size of an English walnut, and that the opera- tion was entirely unatttended with pain ; and demonstrated to Dr. Wells and myself, in the most conclusive manner, the anaesthetic properties of ether vapor." Still, there is nothing stated to enable any information to be obtained touching this important operation, beyond what Dr. M«rcy himself chooses to communicate. Wells (at p. 13 of his first pamphlet, March, 1847, after having made two previous publications without any allusion to it at all,) thus refers to it : " Let it be observed, however, that at this time, (November, 1844,) while we had the subject under consideration, a surgical operation was performed at Dr. Marcy's office under the influence of sulphuric ether, as is proved by affidavit. The Doctor then advised me by all means to continue the use OF nitrous oxide gas." And yet, in 1849, it is pretended that the operation was entirely successful and ought therefore to have 28 led *' by all means," to the contrary advice ! Testimony like this cannot be expectefl to produce conviction. As to the alleged operation, no one has ever been able to hear of it, except throuGjh Dr. Marcy. Anxious to prove the matter, I offered a reward of one hundred dollars, in Hartford, to any one who could tell the name of the patient, or give me any means to find^him. On thiij point, I beg to refer to the statement of Mr. Cornwall, my counsel there, at p. 133 Appendix. The failure to produce, indicate, or in any degree describe ^'the young man,'' under these circumstances, is entirely consistent with my view of Dr. Marcy\s evidence. The facts connected with Wells's own conduct and publications in this matter are worthy of attention in this connexion. After his remarkable letter of October, 1846, and when the dis- covery by the undersigned had assumed its full magnitude and importance. Wells first appears as a claimant before the public, on the 7th December, 1846, (Appendix, p. 10) in the Hartford Courant, two years after his pretended discovery, and limits his pretensions to having had a tooth drawn himself, and afterwards having performed similar operations for " twelve or fifteen" others under the influence of nitrous oxide. No allusion is made to any experiment with ether, or to any subsequent use of nitrous oxide ; but his whole career is there summed up with his failure at Bos- ton, in 1845. His letter to the undersigned of October, 1846, shows his appreciation of the advantages that would belong to the discoverer. He «ays, ^* If the operation of administering the gas is not attended with too much trouble, and will produce the effect you state, it will undoubtedly be a fortune to you, provided it is rightly managed.'' After publishing his letter of the 7th of De- cember, he proceeds to Europe upon a speculation in pictures, (Williams, Appendix, p. 130, Eolles, Appendix, p. 14, Olmstead, Appendix, p. 12, &c.) Arriving in Paris, he finds the whol-e scientific world agitated with this subject. He makes no claims, (see B. P. Poore, p. 469.) It is not till after Dr. Brewster, of Paris, reads the publication by Marcy and Ellsworth, taken from the Journal of Commerce, and sends to him, WelJs, "begging him to call on him (Brewster) and tell him if he is the true man," that he is stimulated to make the publication in Galignani's Messenger, (A pp. p. 118,) which is copied in the Boston Atlas, (B. P. Poore, p. 469— Letter of Brewster dated 24th of March, 1847, App. p. 131.) In this publication, his '^ twelve or fifteen" have become "fifty," and his experiments, theretofore stated to have been with nitrous oxide alone, are claimed to have been with ether also. He is entirely unprepared with any proof. (Brewster, App. p. 110.) Dr. Brewster, to the New York Journal of Com- merce, says: "Imagine to yourselves, Messrs. Editors, a man to have made this more than brilliant discovery and visiting Europe without bringing with him his proof." Again Brewster (letter 29 to Morton, dated 21st March, 1847 — Appendix, p. 130,) says : '' Dr, Wells^s visit to Europe had no connexion with this disco- very; and it was only after 1 had seen the letter of Drs. Ellsworth and Marcy, that I prevailed upon him to present his claims to the Academy of Sciences,'' &c. During what time, and where, were those additional operations performed — thirty-five or thirty-eight in number ? In December, 1^46, there were only twelve or fifteen in all — now they are fifty in the space of about two months thereafter. How had these two months been employed ? He sailed for Europe upon his picture speculations in De- cember — is in Paris engaged in that business, until Brewster, acting on the faith of Marcy's and Ellsworth's publication, urges him to put forth his claim. He then publishes it at Paris. It is not perceived how it is possible for him to account for this quad- rupling of his operations upon any other basis of fact, or con- sistently with the established facts above referred to. Conforming to this model the publications and afifidavits of Ellsworth, Marcy, and Riggs, have on every successive occasion expanded themselves into equal ratio. Equally remarkable, and inconsistent with fact, is the following preface in the publication m.ade at Paris : ^^ The less atmospheric air is admitted into the lungs with any gas or vapor, the better — the more satisfactory will be the result of the operation.'' ilppendix 118. When it is known that the administration of ether in sufficient quantity to produce total insensibility without atmospheric air, occasions certain death, what credit is it possible to give to the assertion of fact made in this publication, by Wells, for the first time, that he had used the ether at ail or knew anything of its properties in this respect. The testimony of the physicians and surgeons of Hartford (Ap- pendix) and its neighborhood, examined by the U. S. Commissioner under the proceeding before referred to, sufficiently shows that even within that limited district the alleged discovery of Wells was not practically regarded as of any value. This is consistent with the judgment which Wells himself pronounced on it after hisj-eturn from Boston ; but is wholly inconsistent with the face now put on it by Drs. Marcy and Ellsworth, the only two who go beyond mere rumor and heresay. It remains, however, to examine the testimony of John M. Biggs, who alone testifies to the use of the nitrous oxide gas between the period of Wells's abandonment and the discovery by the undersigned. Attention has already been called to the manner in which by his first and second affidavits, he colors the facts touching the first experiment by Wells, and his own participation in it ; and to his confident and reiterated statements about the date, now fully 30 ascertained to have been false in fact. Not less exceptionable is the tone and spirit of his deposition, No. 2 ; (Appendix, p. 91,) a tone and spirit which rarely fails to discredit a witness to a greater or less extent before court or jury. In fact the whole deposition wears rather the aspect of a partisan address than of evidence sanctioned by an oath. In March, 1847, his first depo- sition (Appendix, p. yO,) is made at the instance of Wells him- self, and was published in Wells's pamphlet. In November, 1849^ his second deposition (Appendix, p. 91) if it can be properly so called, largely expands the first beyond its original scope. Without taking the time to ascertain minutely in all respects the testimony of this witness, the undersigned will refer to a few prominent points, which entirely discredit him. 1st. In his deposition of No- vember, 1849, he says : " I also further declare that I was perfectly aware of the anaes- thetic properties of the vapor of sulphuric ether during the period above alluded to, and previous to January 1, 1845 ; and that I made use of the ni- trous oxide gas in my dental operations simply becaicse /be- lieved THEN, AS I BELIEVE NOW, that the last named agent ivas more efficient, safer, and al- together preferable to the ether vapor as an ansesthetic agent, atid not because I entertained any doubt respecting the pain- preventing properties of the last-named article. ' ' Again: Since November, 1844, the nitrous oxide gas jias, for the most part, been employed by me in my dental operations as an anesthetic agent, in preference to the ETHER OR CHLOROFORM. The ease and comfort ivith tvhich it may be inhaled, and its entire efficacy, have amply repaid me for the extra trouble of prepar- ing it. Upon his examination before the United States Commissioner he produces his book of charges, and, with it before him, testi- fies that the last charge made by him for operating with ni- trous oxide gas was on the 20th November, 1846. — Interroga- tories 92, 93, 94. And, In answer to 148th in- terrogatory, he says : ^' I HAVE NOT USED IT (nitrous oxide) SINCE CHLOROFORM WAS INTRODT^CED INTO PRACTICE." 31 2d. In the same deposition he testifies to one or more suc- cessful trials made with ether during the year 1844, by Drs. Wells and Marcy. 3d. In the same deposition he testifies to Dr. Morton's having been a pupil of Dr. Wells. In his examination before the United States Commission- er, the following questions and answers appear : No. 107. What was the first dental operation you saw Dr. Wells perform after he return- ed from Boston, in January, 1845, while the patient was un- der the influence of nitrous ox- ygen gas ? Ans. I don't remember. No. 108. Will you sweak HE PERFORMED ANY AFTER HIS RETURN, IN 1845 ? Ans. I can't directly SWEAR THAT HE DID : MY IM- PRESSION IS THAT HE DID. No. 109. Upon whom ? Ans. I don't remember any PERSON TO WHOM HE GAVE IT. In his examination before the United States Commissioner, it clearly appears that he had no knowledge of any such fact ; yet the purpose of the depo- sition of 1849, in this respect, was evidently to verify that fact by his oath. The only case in which it is pretended that ether was used prior to Morton's discovery, is that stated by Dr. Marcy; as to which, it does not appear that any other person but himself has any knowledge of it. On his examination before the Commissioner, he admits that he has no knowledge of the fact thus verified by him. On the same examination, after an interval of some thirty- one questions, he proceeds as follows : No. 140. Do you know of any other person who adminis- tered the gas, at this time, in dental or surgical operations, from January 23, 1845, to No- vember 2, 1846 ? Ans. I SAW Wells adminis- ter IT. I KNOW OF NO OTHER, EXCEPT BY HEARSAY. No. 141. Will you state to whom you saw Dr. Wells ad- minister the gas, for dental or surgical purposes, between Jan. 23, 1845, and Nov. 2, 1846 ? Ans. I do not i^ecolleet the name of any one, it is so long since. No. 142. How can you say that it was between those dates ? Ans. I know it by this: De- cember 11, 1844, I extracted a 32 tooth for Dr. Wells. In January following he went to Boston to exhibit his discovery there. On his return, he used the gas at different times from my appa- ratus in the back office. From April, 1845, to September, 1845, I think he intermitted his dental business. He gave me a card, and I was to do certain business which he had engaged, and allow him a per centum : and I find I did allow him $25 up to 1st September, 1845. As to the book from which he testified, it may be sufficien^to refer to his evidence to justify the assertion that it is wholly without the credit which belongs to a regular series of entries made at consecutive dates ; and that nothing was easier than to have inserted there enties at any subsequent time, if the witness had been disposed so to do. In one instance he distinctly admits the subsequent interlineation of the words '-'Jie felt no painJ' after a charge made for extracting a tooth. Among these entries is the following : (Appendix, p. 108.) Wm. A, Burleigh, Mr-. Burleigh's certificate, as 1845, July 26 : published by Wells, is dated To extracting tooth and fang, March 25, 1847, is as follows : having administered to him ni- "A little more than two trous oxide or exhilarating gas, years since, I learned that Dr. by which influence he experi- H. Wells, dentist, of this city, enced no pain whatever. $1 50. had made the discovery that by the use of an exhilarating gas or vapor, he could render the nervous system insensible to pain under severe surgical ope- rations, and that he was using it in his practice with success. Having an opportunity to wit- ness its effect upon several per- sons during the operation of ex- tracting teeth, I was so delighted and surprised with its manifest success, that I desired a trial of it upon myself. The gas was accordingly administered, and two carious teeth were extracted 33 from my lower jaw, without tlie least suffering on my part ; though ordinarilj, owing to the firmness with which my teeth are fixed in my jaw, I suffer pain from their extraction. WM. H. BURLEIGH, Editor of the " Qharter Oak.'' Hartford, March 25, 1847. It cannot be doubted that this certificate refers to the same fact to which Riggs's entry relates. In 1847, Mr, Burleigh "would not have confined himself to the statement of one operation in the year 1845, if he had been subjected to two. He fixed the time just where we suppose it would appear, if rightly entered on Riggs's book, viz: during the experiments m^ade by Wells, a little caore than two years before March, 1847, and before the aban- donment by Wells. It is to be remembered that Riggs does not testify to the fact that the operation was made on the 26th July, 1845, though his testimony is evidently shaped to produce that impression. It may be proper to subjoin here a few extracts from the tes- timony of the witness, upon his interrogation on behalf of the undersigned before the Commissioner, in order to complete this examination of his credibility. Q. 30. How many persons c:in you state Dr. Wells adminis- tered nitrous oxide to, previjus to his going to Boston, of your own personal knowledge ? Ans. I cannot state the exact number, but to quite a number. Q. 31. How do you know this? Ans. I know it from being present at many of them. Q. 32. How many will you swear to as to having seen Wells administer it? '^■ Ans. I cannot say. Q. 33. Can you say one or a hundred ? Ans. It was more than one, and I don't think it was a hun- dred. Q. 33. How many more than one? Ans. I cannot swear to the exact number. Q. 34. How many persons did Wells give the gas to that you knew, and what are their names? Ans. I cannot state any name except J. Oayland Well-es at present. Q. 35. How many of the operations you saw performed by Dr. Wells were upon males. Ans. All of them were on males. 3 34 Q. 36, lIoYr many of them did you converse with ? Ans. I cannot tell. Q. 37. Did you converse with any of them? Ans. I did. Q. 38. Were they cil«raens of Hartford ? Ans. I could not say whether all were citizens of Hartford. Q. 39. Were any of them except J. G. Welles ? Ans. My impression is some of them resided here. Q. 40. Have you ever conversed with them since ? Ans. I have met hut very few of them — don't recollect con- versing v/ith any one except J. G. Welles. Q. 41. Which of them have you met? Ans. I do not recollect the names of any one. Q. 43. When did you first administer nitrous oxide for ej- tracting teeth? Ans. Before the 1st of January, 1845. Q. 44. What was the name of the first patient ? Ans. I don't remember. I charged nothing during these ex- periments, and I have no means of knowing. Comment upon testimony like this would be superfluous. It is a fact, however, worthy of remark, that although the ex- amination of this witness was before the 30th November last, and the deposition was kept open until the 18th of December, yet the Commissioner certified that the witness neglected and re- fused to attend and sign the same and he was compelled to return, the deposition without the signature of the deponent. I forbear to prolong this paper by any further argument. It seems to me that the facts themselves are the most forcible and convincing argument that can be presented. From them it clearly results that this discovery has heen the direct result of my own conception, ray own labor, my own sacrifices, my own boldness and personal risk. On the other hand, all that my opponents can claim, upon the most partial coDsideration of their evidence, is that they had, as they say, a/n idea which was never realized, a project which they never executed, a dream from which the world derived no advantage. I submit my claim to your just and enlightened minds with en- tire confidence. With the highest respect, Your most obedient servant, W. T. G. MORTON, M. D. 82b congress, Isi SESSION— HOUSE OF REPRESENTATIVES. MAJOEITY EEPOET. ^"WILLIAM T. G. MORTON, M. i>.— SULPHrjRIC ETHER. 1852. Kefeiied to a Select Committee. Dr. William H. Bissell, of Iljinois, Chairmtin. The Select Committee, to ivhom was referred the memorial of Br. William T. G. Morton, asking remuneration from Con- gress for the discovery of the ancesthetic or pain-subduing ■properties of sulphuric ether, REPORT: That upon the suggestion of the memorialist, that his claim to the discovery was contested by Dr. Charles T. Jacksfon, of Bos- ton, the chairman addressed to him a letter, notifying him of the proceedings, and of the day when the committee would begin the investigation ; advising him, that if he desired to do so, he was at liberty to contest Dr. Morton's application. The chairman re- ceived a statement from Dr. Jackson, in reply. Afterwards a me- morial from Dr. Jackson was presented to the House, and referred to your committee. And on the 2(Hh day of December, 1851, at a meeting held pursuant to notice, both parties appeared before your committee : Dr. Morton, by his counsel, J. M. Carlisle, Esq., and Dr. Jackson by J. L. Hayes, Esq. In his paper Dr. Jackson presented objections to the inquiry, combining, in effect, a plea that the matter was res judicata, and a plea to the jurisdiction of Congress, which. were discussed and considered as preliminary to a general investigation. The objections are embodied in the fol- lowing extracts. After averring that the discovery was his, and his only, and thai he alone gave it to the world. Dr. Jackson proceeds as follows : ••' He, the undersigned, therefore, distinctly and UDcquivocalh claims to be the sole and original discoverer of the aniiesthetic and 36 pain-subduing properties of sulphuric ether ; and hereby commu- nicates the fact to the Congress of the United States, and de- See p. 79. clares that his rights have been fully admitted by ail the scientific societies that have examined ii^to the claims of the numerous as- pirants to the honor of the discovery, and that, in consequence of this result of investigations of all the claimant's pretensions, the See p. 94. ?!>[ational Academy of Sciences of France awarded to the under- signed "the Monthyon prize for the greatest medical discovery,'' and the goveinnient of France awarded to him also the Cross of the Legion of Honor,* and the King of Sweden the gold Medal of J. ^g Merit. He, the undersigned, therefore, regards the question of 129. ' discovery settled in the scientific world, and cannot but express his surprise," &c., kc. x\nd, again, he "begs that he may be put to no further trouble and expense in defending his scientific rights to the discovery." Andj again, he begs "that he may be allowed to pursue his staJies ^nd labors m peace, and not be compelled to spend his valuable time in waiting upon Congress, merely for the purpose of seeing that his rights suffer no detriment." Your committee being unable to perceive the force of these ob- jections, overruled them, and in the discharge of the duty imposed See p 121 on i hem by the House, proceeded with the investigation. A mass ^ of written and printed statements was offered by Dr. Jackson, tending to impeach the character of Dr. Morton, which the latter requested should be received, he being allowed time to produce rebutting evidence, and to adduce evidence on his part impeaching Dr. Jackson's character for veracity, and proving several cases in which he had claimed the inventionsf of others as his own. This your committee rejected, deeming it wholly irrelevant to the sub- ject committed to them by the resolution of the House, and leadmg to a long and laborious trial of many immaterial issues. Their first inquiry was directed to the question whether a dis- covery had in fact been made, important to mankind, and in its importance and value to the American people worthy of national recoiTnition and reward. The alleged discovery consists in the total annihilation or pre- vention of pain in the most severe suigical operations, and in ob- stei-ic cases, by the inhalation of the vapor of sulphuric ether. It is alleged also that the pain-destroying agent is innocent, produc- ing no^injurious consequences to the patient inhaling it. If this be true, and it be indeed a discovery, its national importance, its importance to the human race, is manifest. Intense pain is regarded by mankind, generally, as so serious an evil that it would have been strange indeed if efforts had not been early oiade to diminish this species of suffering. The use of ~*~The m"dal was ^iven just as much for what Dr. Jackson may have done as a geologist, as for anything he may hare had to do with ether, and so was the cross. See p. VZ'^. t Magnetic Telegraph, &c. 37 the juice of the poppy, henbane, mandragora, and other narcotic preparations, to effect this object by their deadening influence, may be traced back till it disappears in the darkness of a highly remote antiquity. Intoxicating vapors were also employed, by way of inhalation, to produce the same effects as drugs of this nature introduced into the stomach. This appears from the ac- count given by Herodotus, of the practice of the Scythians, seve- ral centuries before Christ, of using the vaj)or of hemp seed as a- means of drunkenness. The known means of stupefaction were very early resorted to, in order to counteract pain produced by artificial causes. In executions, under the horrible form of cruci- fixion, soporific mixtures were administered to alleviate the pangs of the victim. The draught of vinegar and gal], or myrrh, offered to the Saviour in his agony, was the ordinary tribute of human sympathy extorted from the bystander by the spectacle of intole- rable anguish. That some letheon anodyne might be found to assuage the tor- ment of surgical operations as they were anciently performed, cauterizing the cut surfaces, instead of tying the arteries, was not only a favorite notion, but it had been in some degree, how- ever imperfect, reduced to practice. Pliny, the naturalist, who perished in the erruption of Vesuvius, which entombed the city of Herculaneum, in the year 79, bears distinct and decided testi- mony to this fact. *' It has a soporific power," says he in his description of the plant known as the mandragora or circeius — " It has a soporific power on the faculties of those who drink it. The ordinary potion is half a cup. It is drunk against serpents, and before cuttings and punctiirings, lest they should be felt." {Bibitur et antra serpentes, et ante sectiones, p unction esqtie, ne f^miiantur.') When he comes to speak of the plant eruca, called by us the rocket, he informs us that its seeds, w^hen drunk, infused in wine, by criminals about to undergo the lash, produce a certain cal- lousness or induration of feeling, [duaitiam quondam contra sensum induere.) Pliny also asserts that the stone MemphitiSy powdered and applied in a liniment with vinegar, will stupify parts to be cut or cauterized, " for it so paralyzes the part that it feels no pain ; nee sentit cruciatum.^^ Dioscorides, a Greek physician of Cilicia, in Asia, who was born about the time of Pliny's death, and who wrote an exten- sive work on the materia medica, observes, in his chapter on m^^ndragora — 1. ^' Some boil down the roots in wine to a ihiid part, and preserve the juice thus procured, and give one cyathus of it in sleeplessness and severe pains, of whater part; also, to cav.^e the 38 insensibility-— to produce the anaesthesia [poiein anaisthesian) of those who arc to he cut or cauterized.^* 2, " There is prepared, also, besides the decoction, a wine from the bark of the root, three minae being thrown into a cask of sweet wine, and of this three cyathi are given to those who are to be cut or cauterized, as aforesaid ; for being thrown into a deep sleep, thej/ do not perceive pain.'* 3. Speaking of another variety of mandragora, called morion, he observes, "medical men use it also for those who are to be cut or cauterized." Dioscorides also describes the stone Memphitis, mentioned by Pliny, and says that when it is powdered and applied to parts to be cut or cauterized, they are rendered, without the slightest danger, wholly insensible to pain. Matthiolus, the commentator on Dioscorides, confirms his statement of the virtues of mandra- gora, which is repeated by Dodoneus. " Wine in w^hich the roots of mandragora has been steeped," says this latter writer, " brings on sleep, and appeases all pains, so that it is given to those who are to be cut, sawed, or burned, in any parts of their body, that they may not perceive pain." The expressions used by Apuleius, of Madaura, who flourished about a century after Pliny, are still more remarkable than those already quoted from the older authors. He says, when treating of mandragora, ''' If any one is to have a member mutilated, burned, or sawed, [mutilandurn, comhureiidum, vel serrandum,) let him drink half an ounce with wine, and let him sleep till the member is cut away, without any pain or sensation, {et tantum dormiet, quosque ahscindatur membrum aliquo sine dolore et sensu.**) It was not in Europe and in Western Asia alone that these early efforts to discover some letheon were made, and attended with partial success. On the opposite side of the continent, the Chinese, who have anticipated the Europeans in so many import- ant inventions, as in gunpowder, the mariner's compass, printing, litography, paper money, and the use of coal, seem to have been quite as far in advance of the accidental world in medical science. They understood, ages before they were introduced into Christen- dom, the use of substances containing iodine for the cure of tlie goitre, and employed spurred rye, ergot, to shorten dangerously- prolonged labor in difficult accouchments. Among the therapeutic methods confirmed by the experience of thousands of years, the re- cords of which they have preserved with religious veneration, the employment of an anaesthetic agent to paralyze the nervous sensi- bility before performing surgical operations, is distinctly set forth. Among a considerable number of Chinese works on the pharma- copaeia, medicine, and surgery in the National Library at Paris, is on® entitled, Kov-kin-i'tong, or general collection of ancient 39 and modern medicine, in fifty volumes quarto. Several hundred biographical notices of the most distinguished physicians in China are prefixed to this work. The following curious passages occur in the sketches of the biography of Hoa-tko, who flourished under the dynasty of Wei, between the years 220 and 230 of our era. "When he determined that it was necessary to employ acupunc- ture, he applied it in two or three places ; and so with the moxa, if that was indicated by the nature of the affection to be treated. Bat if the disease resided in parts upon which the needle, moxaj or liquid medicaments could not operate, for example in the bones, or the marrow of the bones, in the stomach, or the intes- tines, he gave the patient a preparation of hemp, (in the Chinese language mayo,) and after a few moments he became as insensible as if he had been drunk or dead. Then, as the case required, he performed operations, incisions, or amputations, and removed the cause of the malady, then he brought together and secured the tissues, and applied liniments. After a certain number of days, the patient recovered, without having experienced during the operation the slightest pain. Hoa-tho has published, under the title of Kei-tchao-thou, anatomical plates, which exhibit the interior of the human body, which have come down to our times, and enjoy a great reputation." It will be noticed that the agent employed by Hoa-tho, w^hich he calls ma-yo, hemp medicine, and which is called in the annals of the later Hans, mofa-san, or hemp essence powder, is the ex- tract of the same plant mentioned by Herodotus, twenty-three centeries ago, cannabis Indica, the haschisch of the Arabs, which is now extensively cultivated in Hindostan, for the purpose of manufacturing the substance called Bhang, to produce a peculiar species of intoxication, at first seductive and delicious, but followed in its habitual use by terrible effects upon the constitution. Almost a thousand years after the date of the unmistakeable phrases quoted from Apuleius, according to the testimony of Will- iam of Tyre, and other chroniclers of the w^ars for the rescue of the holy sepulchre, and the fascinating narrative of Marco Polo, a state of anaesthesia was induced for very different purposes. It became an instrument in the hands of bold and crafty impostors to perpetrate and extend the most terrible fanaticism that the world has ever seen. The employment of anaesthetic agents in surgical operations, was not forgotten or abandoned during the period when they were pressed into the appalling service just described. In the thirteenth century, anaesthesia was produced by inhalation of an anodyne vapor, in a mode oddly forestalling the practices of the present day, which is thus described in the following pas- sage of the surgical treatise of Theodoric, who died in 1298. It is the receipt for the " spongia somnifera," as it is called in the rubric : 40 Here we <'The preparation of a scent for performing surgical operations, nineteenth^ according to Master Hugo. It is made thus : Take of opium and century the the juice of unripe mulherry, of h joscyamus, of the juice of the principle hemlock, of the juice of the leaves of the mandragora, of the juice and^'^acted ^^ ^^^ woody ivy, of the juice of the forest mulberry, of the seeds upon, viz: of lettuce, of the seed of the burdock, which has large and round That by the apples, and of the water hemlock, each one ounce; mix the whole o?^^a^*^^°o ^^ these together in a brazen vessel, and then in it place a new gas, surgi- sponge, and let the whole boil, and as long as the sun on the dog cal opera- days, till it (the sponge) consumes it all, and let it be boiled away tions may jj^ j^^ ^^g often as there is need of it, place this same sponge into formed^^^" warm water for one hour, and let it be applied to the nostrils till without he who is to be operated on {qici incidentus est) has fallen asleep; pain. ^jjd jjj ^}^ig si^iQ ]et the operation be performed, {et sic fiat chi- rurgia.) When this is finished, in order to rouse him, place an- other, dipped in vinegar, frequently to his nose, or let the juice of the roots of fenigreek be squirted into his nostrils. Presently he awakens." Again, in A French physician, residing in the neighborhood of Toulouse, teentb^cen- ^^' ^^auriol, asserts that, in the year 1832, he employed a method turywefind analogous to that of Theodoric, and specifies five cases in which a similar he succeeded in performing painless operations. Sd tJ"^' September 23, 1828, M. Girardin read a letter before the Acad- emy of Medicine, addressed to his Majesty Charles X, by Mr. Hickman, a surgeon of London, in which this surgeon announces a means of performing the most delicate and most dangerous ope- rations without producing pain in the individuals submitted to them. This proceeding consists in suspending insensibility by the methodical introduction of certain ga^es into the lungs. Mr. Hick- man had tested his proceedings by repeated experiments on animals. See Sir Q^^y ^e Chauliac and Brunus are the only authors on medicine J)2vys^^^ and surgery, besides Theodoric, Avho, during this period, allude to suggestion prophylactic agents to avert pain. It may be presumed, there- in connec-fore, that their employment was not generally very successful. ihe abovl^ Probably bad effects, such as congestion and asphyxia, and some- and Dr! times ending in death, followed their uiiskillful empiricism. J. Wells' at- Canappe, tliS physician of Francis I, in his work printed at Lyons vl^e^^hese^^ 15*32, Le Guidon pour les Barbiers et les C hirur glens, th^ investiga- Surgeon's and Barber's Guide, tl through the laboratory. He said, in a laughing, manner, -Well, Doctor, you seem to be all equipped, minus the gas.' I replied, in the same manner, that perhaps there would, be no need of having any gas, if the person who took it could only be made to believe there was o;as in it, and alluded to the story of the man who died from being made 50 See Wight- to believe that he was bleeding to death, there being in fact no- 8th°i*n?er. ^^i^g ^^t water trickled upon his leg ; but I had no intention what- ever of trying such a trick. He smiled and said that was a good story, but added, in a graver manner, that I had better not attempt such an experiment, lest I should be set down as a greater hum- bug than Wells was with his nitrous oxide gas. Seeing that here See Caleb was an opportunity to open the subject, I said, in as careless a ^dy.page lyigni;;^!. as I could assume, why cannot I give the ether gas? He said that I could do so, and spoke again of tiie students taking it at Cambfidge. He said the patient would be dull and stupified, that I could do what I pleased with him, that he would not be able to help himself. Finding the subject open, I made the in- quiries I wished as to the different kinds and preparations of ether. He told me something about the preparations, and thinking that if he had any it wou'd be of the purest kind, I asked him to let me see his. He did so, but remarked that it had been standing for some time, and told me that I could get some highly rectified at Burnett's. As I was passing cut, Dr. Jackson followed me to the door, and told me that he could recommend something better than the gas-bag to administer the ether with, and gave me a flask with a glass tube inserted in it. "I procured the ether from Burnett's, and taking the tube and flask, shut myself up in my room, seated in the operating chair, and cormnenced inhaling. I found the ether so strong that it partially suffocated me, but produced a decided effect. I then saturated my handkerchief and inhaletl it from that. I looked at my watch and soon lost consciousness. As 1 recovered, I felt a numbness in ray limbs, with a sensation like nightmare, and would have given the world for some one to come and arouse me. I thought for a moment I should die in that state, and that the world vvouid only pity or lidicule my folly. At length I felt a slight tingling of the blood in the end of my third finger, and made an effort to touch it with my thumb, but without success. At a second effort, I touched it, but there seemed to be no sensa- tion. I gradually raised my arm and pinched my thigh, but I could see that sensation was imperfect. I attempted to rise from my chair, but fell back. Gradually I regained power over my limbs and full consciousness. I immediately looked at my watch, and found that I had been insensible between seven and eight minutes. '' Delighted with the success of this experiment, I immediately announced the result to the persons employed in my establishment, and waited impatiently for some one upon whom I could make a g^gPj.Qg^,g fuller trial. Toward evening, a man, residing in Boston, whose certificate, certificate is in the appendix, came in, suffering great pain, and p. 257. wishing to have a tooth extracted. Pie was afraid of the opera- tion, and asked if he could be mesmerized. I told him I had something better, and saturating my handkerchief, gave it to him 51 io inhale. He became unconscious almost immediately. It was dark, and Dr. Hayden held the lamp, while I extracted a firmly rooted bicuspid tooth. There was not much alteration in the , ^*® ^^^' pulse, and no relaxation of the muscles. He recovered in a min- ute, and knew nothing of what had been done to him. He re- mained for some time talking about the experiment, and I took from him a certificate. This was on the 30th of September, 1846. This I consider to be the first demonstration of this new fact in science. I have heard of no one who can prove an earlier de- monstration. If any one can do so, I yield to hirci the point of priority in time. "I will make a single remark upon the subject of my interview with Dr. Jackson. It is not necessary to go into the question of the origin of all ideas. I am ready to acknowledge my indebted- ness to men and to books for all my information upon this subject. I have got here a little and there a little. I learned from Dr. Jackson, in 1844, the effect of ether directly applied to a sensi- tive tooth, and proved, by experiment, that it would gradually render the nerve insensible. I learned from Dr. Jackson, also, tn 1844, the effect of ether when inhaled by the students at college, w'hich was corroborated by Spear's account, and by what I read. I knew of Dr. Wells's attempt to apply nitrous oxide gas for de- stroying pain under surgical operations. I had great motives to destroy or alleviate pain under my operations, and endeavored to produce such a result by means of inhaling ether, inferring that if it would render a nerve insensible, directly applied, it might, w^hen inhaled, destroy or greatly alleviate sensibility to pain generally. Had the ether that I tried on the 5th August been pure, I should have made the demonstration then. I further ac- knovf ledge that I was subsequently indebted to Dr. Jackson for valuable information as to the kinds and preparations of ether, and for the recommendation of the highly rectified from Burnett's as the most safe and efficient. But my obligation to him hath this extent, no further. All that he communicated to me I could have got from other well-informed chemists, or from some books. He did not put me upon the experiments ; and when he recommended the highly rectified sulphuric ether, the effect he anticipated ivas only that s tup erf act ton which was not unknown, and he did not ^^^ t^^q intimate in any degree a suspicion of that insensibility to pain 'ill! which was demonstrated, and astonished the scientific world. SeeChand- " As soon as the man whose tooth I extracted left my office, I^^a'r2^8^*' consulted Dr. Hayden as to the best mode of bringing out the CableEddy discovery. We agreed it was best to announce it to the surgeons ^t^ Inter. at the hospital ; but as some time would elapse before an opera- jJ^'a^??' tion, I thought it best to procure some assurance which would in- page* 2G5. duce my patients to take it. I therefore called upon the man E. Warre.n> who had taken it, and found him perfectly well. Thence I went ^^^^^ *^^- 52 to Dr. Jackson, told him what I had done, and asked him to give me a certificate that it was harmless in its eiFects. This he posi- tively refused to do. I then told him I should go to the principal See J. C. surgeons and have the question thoroughly tried. I then called mJeToi ^^^ ^^ ' V/ar7'e7i, who promised me a?i early opportunity to try the 2(i Inter.* experiment^ and soon after I received the invitation inserted in J. Mason the appendix. Warren, u jj^ ^v^^ mean time, I made several additional experiments in my 6th Inter. ' office, with various success. I administered it to a boy, but it Dr.Hayden' produced no other effect than sickness, with vomiting, and the page 193. j^^y ^^.^^ taken home in a coach, and pronounced by a physician to be poisoned. His friends were excited, and threatened pro- ceedings against me. A notice of my successful experiments hav- ing, without my knowledge, got into the papers, several persons called, \vishing to have it administered. I gave it to a lady, but it produced no other effect than drowsiness, and when breathed through the apparatus named by Dr. Jackson, it produced suffo- cation. I was obliged to abandon this mode, and obtaining from Mr. Wightman a conical glass tube, I inserted a saturated sponge in the larger end, and she breathed through that. In this way she seemed to be in an unnatural state, but continued talking, and refused to have the tooth extracted. I made her some trifling of- fier, to which she assented, and I drew the tooth, without any indication of pain on her part, not a muscle moving. Her pulse was at 90, her face much flushed, and after coming to, she remained a longtime excessively drow^sy. From this experiment, 1 became satisfied of what is now well proved, that consciousness will some- times remain after insensibility to pain is removed. ''1 afterwards gave it to a Miss L., a lady of about twenty - live. The effect upon her was rather alarming. She sprung up from the chair, kaped into the air, screamed, and was held down with difticulty. When she came to, she was unconscious of what had passed, but was willing to have it administered again, which I did with perfect success, extracting two molar teeth. After this. See Gouid, I tried several other experiments, some with more and some with page 265. jggg success, giving my principal attention to the perfecting of my modes of administering it. *' When the time drew near for the experiment at the hospital, I became exceedingly anxious, and gave all my time, day and night, hardly sleeping or eating, to the contriving of apparatus, and general investigation on the subject. '^I called on Dr. Gould, a physician who had paid much atten- tion to chemistry, and told him my anxieties and difficulties. He sympathized with me, gave me his attention, and we sat up nearly ail night, making sketches of apparatus ; he first suggested to me an antidote in case of unfavorable effects, and the valvular system, instead of the one I then used. The operation was to be at 10 o'clock. I rose at daybreak, went to Mr. Chamberlain, an in- 53 strument maker, and, by great urging, got the apparatus done just after ten o'clock, hurried to the hospital, and reached the room just as Dr. Warren was about to begin the operation ; he haying given up all hope of my coming. The detailed account of this operation will be found in Dr. Warren's communication. There was a full attendance ; the interest excited w^as intense, with the most eager scrunity of the patient. When the operation closed^ the patient described his state, and Dr. Warren announced his be- lief that there had been insensibility to pain, my feelings may be better imagined than described. " I was invited to administer it the next day, in an operation for a tumor, performed by Dr. Hayward, and with perfect success. " On the 23d October, I saw Dr. Jackson for the first time, since the interview last described. I take my account of this in- a r it terview from a memorandum made at the time, the accuracy of jj^i^j- '^„^ which is attested by two witnesses of the highest respectability 897. who were present. He said he thought he would just look in, that he heard I w^as doing well with the ether, and learned from Mr. Eddy that I intended to take out a patent, and would make a good deal by it. I replied that it had been a cause of anxiety and expense to me, but that I thought I should now do well with it. He said he thought so too, and that he believed he must make ^ p, , a professional charge for advice. 1 asked him why in this case, j^^^® 25^ ' more than in any other case of his advice, arising out of previous relations, as m.entioned at the opening of this memoir. He said that his advice had been useful to me, that I should make a good deal out of the patent, and that I ought to make him a compensa- tion. I told him I would do so if I made much by the patent, in- dependent of what I gained in my business. He said he should charge me S500. I told him I would pay him that, if ten per cent, on the net profits of the patent amounted to so much. He said he was perfectly satisfied v/ith this arrangement, and so the interview ended. The next morning he told Mr. R. H. Eddy what had passed, and two or three days afterwards Mr. Eddy sug- gested to me that instead of paying Dr. Jackson a fee, I should interest him in the patent, and give him ten per cent, of the net profits. Mr. Eddy made this suggestion out of friendship to Dr. Jackson, whom he wished to benefit. He added that the patent would thus have the benefit of Dr, Jackson's name and skill ; that he would thus have a motive to give his attention to the prepara- tion and the apparatus, and we should be able to keep in advance of the improvements that might be suggested by others. He also said that if a suit was brought, and Dr. Jackson should be a wit- ness, as he doubtless would be, the aid he had given me might be made a handle of by persons impeaching the patent to invalidate my claim as the discoverer. At this time the dentist had organ- ized a formidable opposition to the use of ether, and all the medi- cal magazines in the Union, except Boston, were arrayed against 54 it. I felt the need of all the aid I could get, and was conscious^ See R. H. of a want of through scientific education myself. I was induced f^'^' ^^^^ by these motives to accede to Mr. Eddy's request, but did not then understand that Dr. Jackson claimed to be the dicoverer at all. But on this head I refer to the affidavits of the Messrs. Eddy. " I continued administering the ether in my office, and early in November I applied to Dr. Hayward for leave to administer it in a case of amputation, which I learned Vvas to take place at the hospital. Dr. H. J. Bigelow, in the mean time, had attended my experiments at my office, and taking a deep interest in the subject, prepared a memoir, which he read to the Boston Society for Medical Improvement, and subsequently to the American Academy of Arts and Sciences. See Drs. *' The surgeons of the hospitals informed me that they thought '^ ^' ^m' ^^ ^b^i^ ^^^y tc> decline the use of the preparation until informed H.° J^Bige- what it was. I immediately wrote to Dr. Warren, the senior sur- low, p, 319 geon, disclosing the whole matter. The operation took place on S.D. Town- the 7th November. About half an hour beforehand. Dr. H. J. Geo.' ^Hay- bigelow called for me, and said he wished me to be on the spot, ward, page in case it should be determined to admit me. After remaining in 185. the ante-room for some time, it was resolved by the surgeons to permit the experiment, and 1 administered the ether with perfect success. This was the first amputation. / will also remark, that Dr. Jackson was absent from the city at this time, and kne^v nothing of the operation. On the 21st November, I administered the ether in an opera- tion for a tumor, at the Bromfield House, in the presence of a number of medical gentlemen, among whom I noticed Dr. Jack- son. This was the first time he had seen it administered, and no one but myself had administered it in Boston or elsewhere, to my knowledge. In this instance Dr. Jackson appeared merely as a spectator. On the 2d January, 1847, he did the first act indi- cating to the surgeons that he had any interest in the subject. On that day he called at the hospital with some oxygen gas as an antidote for asphyxia, which he heard was produced by the ether. But before this time the surgeons had satisfied themselves that asphyxia was not produced. With the single exception of a/a in- timation to Dr. Warren^ which was after its establishment at the hospital, and which appears in his communication, none of tht surgeons or other persons engaged in these experiments hdd re- ceived any idea from Dr. Jackson himself, or from his conduct, that he was in any way connected with this discovery, responsi- ble for the use of the preparation, entitled to the credit of its success, or liable to the odium of its failure. "li death or serious injury had occurred to any one, Dr. Jack- son could not have been in the least degree implicated. It was not until danger was over, and success certain, until the discovery had arrested the attention of the world, until the formidable 55 opposition of the dentists and of all the medical magazines and societies in other places had become powerless, that l3r. Jackson began to involve himself in it, and that his claim to have antici- pated the effects, and communicated them to me, was brought forward. '• On the 19th October, as soon as I felt confident of success, I addressed a note to my former partner, Dr. Wells, informing See p. 91 him of what I had done, and asking him to come to Boston and assist me in bringing the discovery into use in dentistry. He re- plied by the letter in the appendix, of October 20, 1846. He came to Boston ; saw several experiments in my office; expressed himself alarmed ; said I should kill some one yet, and break my- self up in my business. He left abruptly, but without intimating g ^ p tt a claim to the discovery, although he could recognise the ether, Eddy, page and was freely told that it was ether. I have also the authority 397. of Dr. Warren and Dr. Hayward for saying that no allusion was made by Dr. Wells to ether, to their knowledge, when he made his experiment in Bostoti, in 1844-'5. '*! am aware that a communication to an institution whose ob- jects are scientific, and not personal, gives me no right to ar^ue the question of my own claim to a discovery, in opposition to the claims of others. I have endeavored to state no facts but such as fairly illustrate the history of this demonstration. If these have any bearing upon the claims of others, I am entitled to the benefit of the effect. But this memoir is n9t intended to pre- sent the whole of my comparative rights, as against the claims of Dr. Jackson or Dr. Wells. If a tribunal were opened for such a discussion, I would most cheerfully prepare for the hearing, and submit myself to the judgment of any enlightened umpire. I have proposed such a course to Dr. Jackson, who has declined it. ^*In justice to myself, I should say, that I took out my patent early, before I realized howextensively useful the discovery w^ould be, and beside the motive of profit and remuneration to myself, I was advised that it would be well to restrain so powerful an agent, which might be employed for the most nefarious purposes. I gave free rights to all charitable institutions, and offered to sell the right to surgeons and physicians for a very small price, such q -v^arren' as no one could object to paying, and reasonably to dentists. I p. 301. had little doubt that the proper authorities would take it out of private hands, if the public good required it, making the discov- erer, who had risked reputation, and sacrificed time and money, suc^h a compensation as justice required. But as the use has now become general and almost necessary, I have long since abandoned the sale of rights, and the public use the ether freely : and I be- 56 lieve I am the only person m the world to whom this discovery has, so far, been a pecuniary loss. ^' Most respectfully, your obedient servant, ^'W. T. G. MORTON. '' Boston, (U. S. A.,) July 31, 1847.'* This statement brings the discovery down to a time when it be- came fully established, and when complete publicity was given it by several successful operations under its influence in the Massa- chusetts Hospital. It is fully supported by Dr. Greorge Hay- ward, one of the surgeons in the Massachusetts General Hospital, and much in detail, by the testimony of disinterested witnesses. The following is a note from Dr. H. in reference thereto : "Boston, February 5th, 1852. "Dear Sir: The article by R. H. Dana, jr., esq., on the ether discovery, (Dr. Morton's Memoir,) which appeared in LittelFs Living Age for March, 1848, was read to me before it was printed ; and to my best knowledge and belief, all its statements are cor- rect. '•1 remain, very truly yours, &c., "GEO. HAYWARD. "Hon. Geo. T. Davis." It is proved that, -prior to 1844, Dr. Morton was associated in practice with Dr. Horace Wells as a surgeon dentist. That af- terwards he became a student af medicine with Dr. Charles T. Jackson, and a boarder in his family. That in pursuance of the suggestion of Sir Humphrey Davy, mentioned above, Dr. Weils was experimenting on nitrous oxide, and pi'ofessed to have been successful in sieveral instances in extracting teeth without pain from patients under its influence. That in the winter of 1844- %5 Dr. Wells came to Boston and desired to make public exhibition of his alleged discovery, when Dr. Morton, as his friend, obtained permission for him to exhibit before a public assembly, and him- self assisted on the occasion. The experiment of Dr. Wells proved a failure; he was greatly mortified, and presently aban- doned the pursuit. It is very reasonable to suppose that this attempt of Dr Wells, although it lesulted unfortimately, did, in connexion with his profession and his previous studies, turn the mind of Dr. Morton still more strongly in that direction. He certainly had just reason to hope that, although nitrous oxide would not produce the desired result, he could find some other gas or vapor which would. He was young and ardent — a surgeon dentist with al- ready a large business, and he was condemned to witness daily the excruciating pain occasioned by his more difficult operations, especially wdien nervous and sensitive females were the subjects 57 It is natural to suppose that a humane desire to remove so much suifering, and especially a prospect of the enviable reputation and high fortune which should attend such a discovery, caused it to take full possession of his mind. He was in a situation highly favorable to the progress of his inquiries. His facilities for study and the progress which he made grenerally in his profession, can hardly be better presented than in the following certificates and diploma : Harvard University. — Medical Matriculation. Mr. Wm. Thos. Green Morton has Matriculated. WALTER CHANNWG, Dean. Boston, JVoi*. 6, 1844. Harvard University. — Lectures on Anatomy and Siirgery, Admit W. T. G. Morton. .JOHN C. WARREN. A^ovemher, 1844. Harvard University. — Principles oj Surgery and Clinical Surgery, by Geo. Hayward, M. D. Admit W. T. G. Morton. - Aovemher^ 1844. Harvard University. — Lectures on Materia Medica, bv Jacob BiGELow, M. D. Admit W. T. G. Morton. Boston, JS'ovemher, 1844. Harvard University. — Thzory and Practice of Physic^ by John Ware, M. D. Admit W. t. G. Morton. JSTovember, 1844. Harvard University. — Theory and Practice of Midwifery and Medical Jurisprudence, by Walter Channiis^g, M. D- Ad- mit W. T. G. Morton. Boston, J^ov ember ^ 1844. Harvard University. — Ijectures on Chemistry. Admit Mr. W. T. G. Morton. J, W, WEBSTER, Professor Mov ember, IMA. Admit Mr. Wm. Thos. Green Morton to the Massachusetts General Hospital. ■ Boston, JVovemher 6, 1844.. 58 This ticket admits Mr. W. T. G. Morton to the school of Prac- tical Anatomy, m Harvard University. 1844-'5. SAMUEL PARKMAN. Harvard University. — Lectures on Anatomy and Surgery. Admit W. T. G. Morton. JOHN C. WARREN. Mocemher, 1845. Harvard University. — Principles of Surgery and Clinical Surgery, by George Hayward, M. D. Admit W. T. G. Morton. JVov ember, 1845. Harvard University. — Lectures on Materia Medica, by Jacob BiGELow, M. D. W. T. G. Morton. Boston, JVovember, 1845. Harvard University. — Theory and Practice of Physic, by John Ware, M. D. Admit "W. t. G. Morton. JYovember, 1845. Harvard University. — Theory and Practice of Midwijery, and Medical Jurisprudence, by Walter Channing, M. D. Ad- mit W. T. G. Morton. Boston, Jfovemher, 1845. Harvard University. — Lectures on Chemistry . Admit Mr. W. T. G. Morton. J. W. WEBSTER, Professor. JVovember, 1845. Admit Mr. Wm. Thos. Green Morton to the Massachusetts General Hospital, four months. Boston, JS/ovember 5. Projessores et Curator es Senatiis Medici Universitatis Wash- ingtonianics. Baltimorensis omnibus has litter as visuris, sal- utem. Nos summa Reipublics Marilandiae auetoiitate instructi, certi- oresfacimus omnes ad quos hee litteyee nostrae pervenerint, virum ornatissimum W. T. G. Morton artis Medicse et Chirurgicse studiis excultum, in sessione nortra solemni, apud Nos esse com- probatum. Quocirca eidem W. T. G. Morton Doctoris Medici Graduffi, majore sufFragiorum numero concessimus, eumque sing- ulis inter nos et alibi genitum privilegiis et juribus ad gradum istum pertinentibus, frui jussimus. Cujus rei quo major sit fides, Prsesentes Has, Collegii Sigillo et chirographis nostris munitas, dare placuit. 59 Datum Baltimori Die Mensis Cal Martis annoque Salutis Re- pa ratae 18. Johannes C. S. Monkur, M. D., Prax. et Theoret. Med. Professor. GuLiELMus H. Stokes, M. D., Inst, Med. Med. Jurisp. et Insen. Professor, Georgium McCook, A. M. M. D., Professor Chirurgiee. Geo. C. M. Roberts, M. D. D. D., Ohstet, et MuL et Inf. Morh, Professor. Tho. E. Bond, A. M. M. D., Therap. Mat. Med. et Hyg. Pro- fessor. Rege N. Wright, A. M., M. D., Chem. Professor. Georgium McCotjK, A. M., M. D., Professor Anitomiee. J. V. McJilton, * ] Z. Collins Lee, ! Benjamin Kurtz, D. D., [curatores. Johannes G. Morris, D. D., \ [seal.] Hugh Jenkins, J. T. Mackenzie, M. D., To the Secretary of the Executive Committee of the American Society of Dental Surgeons : Mr. W. T. G. Morton, dentist, entered his name with me as a student of medicine March 20, 1844, and attended to practical anatomy, in the Massachusetts Medical College, during the win- ter of that year, where he dissected with diligence and zeal, and paid special attention to the anatomy of the head and throat — parts of human anatomy particularly important to the surgeon dentist. He also studied Bell's and other standard w^orks on anatomy, and attended the lectures of Drs. Warren, Hay ward, and other professors. I w^ould recommend him as a suitable per- son for admission as a dental surgeon. He is a skilful operator in dentistry, both in surgical and mechanical departments, and has studied the chemical properties of the ingredients required for the raanafacture of artificial teeth. CHARLES T. JACKSON, M. D. Prior to this time. Dr. Jackson had, as he states, recommended chloric ether as an external application to allay pain in the teeth and gums ; and had furnished several dentists in Boston, his friends, with the article in its purity ; he does not name Dr. Mor- ton among the number ; but from the relations which subsisted between them, from the fact that Dr. Morton was at that time the family dentist of Dr. Jackson, as well as his student in medi- cine, your committee think the statement of Dr. Morton, in this particular, supported by that of Dr. Jackson. Add to this the fact, well known at the time to college students, and especially 60 to students of chemistry and medicine, that the vapor of sulphuric ether inhaled for a short time allayed pain, and we have the circumstances which would naturally direct the mind of the in- quirer to that substance as one whose inhalation would be proba- bly safe, and which would render the patient insensible during a short but painful operation. As additional proof of the direction of Dr. Morton's studies, and that he had the means in his power of knowing all that was known of this agent then familiarly used as a nepenthe, your committee are referred to a bill of books pur- chased by Dr. Morton of B. B. Mussey, of Boston, on the 3d of F.257. May, 1845. ximong them is Pereria's Materia Medica, which contains the following sentence : "The vapor of ether is inhaled in spasmodic asthma, chronic catarrh, dyspepsia, and whooping cough, and to relieve the effects caused by the accidental inhala- tion of chloric gas.^^ Its intoxicating or stupifying effects were, as we have already said, well known to students and scientific men. On the 30th of June, 1846, three months before the discovery P. 196 ^^^ made public, it appears, by the statement of Richard H. Dana, jr.. Attorney at Law, and by a charge in his books, that an article of agreement was entered into by Dr. Morton and G. G. Hayden, by which the latter agreed to take charge of the business of Dr. Morton for a tune ; Dr. Morton giving to Mr. Dana as a reason of his entering into ths arrangement, that he wished to give his attention to another matter of great import- ance, which, if successful, would revolutionize the practice of dentistry. This conversation was shortly after detailed by Richard H Dana, jr., to Dr. Francis Dana, jr., whose corroborative evidence puts the substance of the conversation beyond question, and the date is fixed by that of the instrument and the entry above referred to. Grenvilie G. Hayden testifies — "That, about the last of June, 1846, Dr. William T. G. Mor- ton called upon me at my office. No. 23, Tremont Row, and s^tated to me that he wished to make some arrangements with me that would relieve him from all care as to the superintendence of those employed by him in making teeth, and all other matters in his office. He stated, as a reason for urging me to superintend his affairs in his office, that he had an idea in his head, connected with dentistry, which he thought ' would be one of the greatest things ever known,' and that he wished to perfect it, and give his whole time and attention to its development. Being extremely urgent in the matter, I made an engagement with him the same day, according to his request. I then asked him what his ' secret' was. '^ Oh,' said he, 'you will know in a short time.' I still in- sisted upon knowing it, and he finally told me the same night — 61 to wit : the night of the last day of June. 1846, aforesaid — that ' it was something he had discovered which would enable him to extract teeth w^ithout pain.' I then asked him if it was not what Dr. Wells, his former partner, had used ; and he replied, * No ! nothing like it;' and, furthermore, *that it was something that neither he nor any one else had ever used.' He then told me he had already tried it upon a dog, and described its effects upon him, vvhich (from his description) exactly correspond with the effects of ether upon persons who have subjected themselves to its influence, under my observation. Ail this happened in June, 1846. He then requested me not to mention what he had communicated to me." Francis Whitman testifies as follows — "I have oRen heard Dr. Morton speak about discovering some means of extracting teeth without pain. This discovery appeared to be the subject of his thoughts and investigations duiing the greater part of last year, i. e., 1846. One day — I think it was previous to July, 1846 — Dr. M.,in speaking of the improvements he had made in his profession, and of some one improvement in particular, said, if he could only extract teeth without pain, he 'would make a stir.' 1 replied, that I hardly thought it could be done. He said he believed it could, and that he would find out something yet to accomplish his purpose. In conversation with Dr. M., some time in July, he spoke of having his patients coming in at one door, having all their teeth extracted without pain and without knowing it, and then going into the next room, and having a full set put in. " I recollect Dr. Morton came into the office one day in great glee, and exclaimed, thrt he had 'found it,' and that he could ex- tract teeth without pain ! I don't recollect what lollow^ed ; but, soon after, he wanted one of us in the office to try it, and he then sent William and Thomas out to hire a man to come and have an experiment tried upon him. After all these circumstances hap- pened. Dr. Hayden advised Dr. Morton to consult with some chemist in relation to this discovery. I went, at Dr. Morton's request, to see if Dr. Jackson had returned, (he having been ab- sent from the city,) but found that he was still absent." From this testimony, corroborative of the statement of Dr. Morton, it does, in the opinion of your committee, sufficiently ap- pear that he w^as, prior and subsequent to the 30th of June, 1846, intent upon the discovery of some anaesthetic agent which would enable hira to extract teeth without pain ; and that he had faith and confidence that he was on the point of making the discovery- He says, in his narrative, that the anffisthetic agent which he then had in view was sulphuric ether, and the proof adduced is, in the opinion of your committee, equally conclusive in support of that fact. 62 Theodore Metcalf sailed for Europe in the ship " Joshua Bates" on the 6th day of July, 1846, on a tour, from which he returned in the fall of 1847. We give below a note addressed by him to Br. Morton ; and an extract from a letter to the trustees of the General Hospital, each a letter to N. J. Bowditch, Esq., bearing directly on this point. In his note to Dr. Morton, dated December 20, 1847, he says : *^ I can only state that I remember to have met you at Mr. Burnett's store early in the summer of 1846, and to have had a conversation with you in regard to the medicinal quaLties of sul- phuric ether ^ a quantity of which you were then purchasing. I cannot, as you desire, give the precise date, but know it to have been previous to July 6, as I left Boston on that day for a tour, from which I have but a few w'eeks returned," "Boston, January 26, 1848. " Sir : In answer to your inquiry respecting the nature of my interview with Dr. Morton, I can only add to my note ot Decem- ber 20, that the conversation was commenced by some inquiry on his part, concerning the nature and effects of sulphuric ether, a vial of which he then held in his hand. "In answer to his several questions, I gave him such informa- tion as he could have obtained from any intelligent apothecary at that time, and also related to him some personal experience as to its use as a substitute for the nitrous oxide ; adding the then gen- erally received opinion, that its excessive inhalation would produce dangerous, if not fatal consequences. Some reference was made — but whether by Mr. Morton or myself, I cannot remember — to the successful experiments of his former partner, Mr. Wells, with the nitrous oxide. It was one of those casual conversations which quickly pass from the mind ; and it was for the first time recalled to my memory, upon seeing, months after, in a French journal, an account of the anaesthetic effects of ether, the discovery of which was ascribed by the writer to a Boston dentist. '•I am, sir, verv respectfully, your obedient servant, "THEODORE METCxiLF. "N. I. Bowditch, Esq." In his letter to the trustees of the Massachusetts General Hos- pital, dated Boston, January 6th, 1849, Mr. Metcalf says : " This belief is founded partly upon my memory of the con- versation with Morton and partly upon the fact that, when in Italy y months after y I saw for the first lime an account of etherization in a French journal, in v)hich its discovery was ascribed simply to a 'Boston dentist ;' I said at once that I was sure Morton must he the man, for he was engaged upon ether before I left home, and that I now knew why he had been so curious, and at the same time shy in his conversation with m«." 63 If we consider the then pursuit of Dr. Morton, his earnest de- See Wig^t- sire for information and his anxiety to preserve his secret, his shy-°^*"'^' ness with others and his comparative freedom in conversation with See Met- Mr. Metcalf will be fully explained Mr. Metcalf was a chemist calf, p.. 222. possessed of all the current scientific knowledge of his profession, and he was just setting out on a voyage to Europe, so that Dr,. Morton could avail himself of his knowledge and his suggestions with safety to his secret. Dr. Hayden says that "about the first of August, 1846, Dr. Morton asked me where he could get some pure ether, and asked me to go to Joseph Burnett's apothecary shop and purchase a four-ounce vial full of ether, which he said he wished to carry home with him, he being about to leave town for Needham, where he then resided. And about the same time he explained to me the nature and effects of ether, and told me that if he could get any patient to inhale a certain quantity of ether gas, it would cause insensibility to the pain of extracting teeth, and he tried to induce me to take it. Dr, Morton said he had breathed it himself, and it would do no harm ; and heat the same time tried to induce three young men in the office to take the gas. This was in August, 1846. He was contmually talking about his discovery to me. From the time I engaged with Dr. M. as as aforesaid, he frequently stated to me that he had nearly per- fected every department in dentistry, save extracting teeth with- out pain, and that he was determined to accomplish that also,. But towards the last of September following, he intimated to me, that, in some particulars, his discovery did not work exactly right, and, in my presence, was consulting his books to ascertain something further about ether." The inquiry made of Dr. Hayden for a chemist of whom pure sulphuric ether could be obtained, was probably to avoid going too frequently to the same place for the ether, and thus exciting inquiry which might lead to a discovery of his secret ; and at last he rnay have sent Dr. Hayden, instead of going himself, for the same purpose. We find here as early as August 1, 1846, the anesthetic agent, sulphuric ether, connected by Dr. Morton with the object of his pursuit. Shortly after this, and prior to the 28th of September, 1846, Dr. Morton called upoa Mr. Wightman, a well known maker of g^^ vYi«5-ht- philosophical instruments and apparatus in Boston, told him that man. he had abandoned his views of increasing the security of artificial teeth by atmospheric pressure, which he found to be erroneous, and was engaged upon something of a much greater importance to his profession. He then wished him to show him some gas bags of India-rubber cloth made for retaining gas, and inquired whether it would do to put sidphuric ether in them. Not being able to give Dr. Morton satisfactory information on the subject, he advisei! him to call on Dr. Jackson, which he said he would 64 do. About this time sonie sulphuric ether was procured for Dr. Morton, not in his own name, and brought to his office by WiJliam P. Leavitt, one of the young men in his employment. Another SeeLeavitt, of the young men, Thomas R. Spear, Avas first prevailed upon to ^ inhale the vapor, but the effect on him was far from being satis- factory. Leavitt then took it, also with no satisfactory result, and Dr. Morton Avas for a time greatly disheartened. (See de- positions of Leavitt and Spear, pp. 196, 219.) He complained to Dr. Hayden that, in some particulars, his discovery did not work exactly right, and, " in my presence," says the witness, "was consulting his books to ascertain something further about ether." We find this statement fully sustamed by the testimony of Fran- cis Whitman. He says : ■'I told Dr. Morton I knew what it was that Wilham had brought, and said it was chloric ether. Dr. M. then said he wished to know if ether would dissolve India-rubber, and sent Wm. P. Leavitt to inquire of Dr. Gay if it would. About this time Dr. M. asked me to get the books on chemistry, and find what they said about ether. I did so, and read it over to him, and I think he went to Burnett's to see if he could find something there." Your committee are satisfied from the statement of Dr. Mor- ton, and from the evidence by which it is thus far fully corrobo- rated, that prior to and on the 80th of September, 1S46, he was occupied with the conviction that an anaesthetic agent might be discovered which would remove all insensibility to pain in pa- tients submitted to the operations of the dentist ; that sulphuric ether was the agent ; and that perfect success required only full assurance of its safety, either of a good quality, and the proper mode of administering it ; that he sought assurance of these by consulting books to which he had access, and learned men from whom he could obtain the current knowledge and experience of the day. On the 30th of September, 1846, as he declares, he called on Dr. Jackson with a view of obtaining such information as would, if possible, remove the difficulties which he had encountered, and at the same time with a determination to conceal from him the object of his long and earnest pursuit, lest his hint should be taken and he be anticipated in this discovery. There were four persons present at this interview, and each gives an account dif- ferent from the rest as to what occurred at it. All, however, agree in one particular, namely, that Dr. Morton assumed total ignorance of sulphuric ether, its nature and qualities, and left the impression on the minds of those present that he knew nothing of it. That he did at that time in fact know much of sulphuric ether; that it had for many months preceding, been the subject of his earnest thought and sedulous inquiry; that his mind was so much possessed with it that he feared, in every one with whom 65 he conversed, a rival who might anticipate him in the discovery and development of its qualities, is proved to the entire satisfac- tion of your committee. A former committee of this House, to whose able report we shall often have occasion to refer, speaking of the disguise thus practised by Dr. Morton, says : ^* This does not militate against the general effect of the state- oaent of Dr. Morton. He went, as he says, to Dr. Jackson to obtain certain information ; but at the same time anxious to con- ceal from him the object of his pursuit, being fearful lest Dr. Jackson might anticipate him in bringing the discovery to perfec- tion. We deal with this matter as a question of fact, not of mor- als, and do not decide whether Dr. Morton might consistently, with the obligations which truth imposes, use artificial means to conceal a mental conception which he did not wish to divulge. We believe, however, where a person has a right to his secret, and is under no obligations to disclose it, a direct denial of that which was the fact, for the purpose of such concealment, has not been visited with strong moral censure. We would instance the oase of Walter Scott at the table of George IV, who, when toasted by his majesty as the author of Waverly, declared he was not the author." Your committee concur in the opinion that, if any moral censure is to be visited upon Dr. Morton for a studied concealment of his ; possession of what he deemed to be a treasure above all price, and for the safety of which he so much feared, that censure must be slight indeed. His account of the interview will be found in his memoir to the Academy of Arts and Sciences at Paris, above set out. Dr. Jackson, who iirst publicly made claim to the discovery after its immense importance was established by several sale and painless operations under its influence ia the Medical Hospital, avers that he first disclosed to Dr. Morton the use of the vapor of pure sulphuric ether on the 30th of September ; that he then communicated to him his prior discovery of its anaesthetic qualities, and assured him that it would prevent all pain in a surgical oper- ation, and that it could be used with perfect safety * in short, that he, Dr. Jackson, then emplo)^ed Dr. Morton as his agent, operator, or "nz^r^e," to administer this pain-destroying vapor; and that then, in the presence of two witnesses, he distinctly took upon himself all the responsibijity of its administration. One of the witnesses present, George O. Barnes, sustains Dr. Jackson's statement in two material points, namely, that when ^j,fj.^ * * he advised the administration of sulphuric ether, he averred that 395. it would pynder the operation painless, and that it was safe, and he would be responsible for its consequences. The other witness, James Mclntire, though evidently testifying with a strong opinion against Dr. Morton, does not support Dr. Jackson on either of these important points. He says, Dr. Jack- 5 _,. .. .. 66 son advised the use oi sulphuric ether : said it was safe, and that it '*' would make ihe patiems insensible, and" the operator "could do what he had a mind to with them." But he states no assump- tion of responsibility, and no opinion or ass^ranceof Dr. Jackson, that the vapor of s'aiphmic ether would render the patient so in- sensible as not to perceive pain. The evidence of these witnesses will be more paiticularly considered in another connexion. Suf- fice it for the present to say, that yaur committee are satisfied that Dr. Jackson did not, on that day. ^^ ex-pressly^^ assume any euch responsibility. They cannot credit it, for it is proved by evidence, and was admitted in the argument by Dr. Jackson's couiisel before a ibrmer committee of this House, that the morning after the suc- cessful operation of September 30, when the same was reported to him, he rehised a certificate in writing to Dr. ^forton that the vapor might be inhaled with safety. Dr. Jackson could not, as an honorable man, have taken the lesporjsibility orally of the exhi- bition of a medical prescription, claimed as his Own, and exhibited by an agent or operator under his iflstruction ; and, forthwitli, thereafter, have refused to assume the same responsibility in wri- ting. Arwi, indeed, it. is usual for physicians to give their pre- scriptions in writing, not orally. Nor do your committee Relieve that Dr. Jackson on that occasion declared that the inhalation of the vapor oi suJj^huric ether, vrithin safe and proper limits, would render the operation painless. If he had advanced such an opin- ion, it could not have failed to be noticed and remembered by his student, Mr. Mclntire, for it would have been the first notice to him of a miracle in surgerv. Eut Dr. Jackson's conversation with Mr. Caleb Eddy, on the 23d of October, 1846, and with the Hon\ Edward Warren, is, in the opinion of your committee, conclusive upon this subject. On the evening of that day Dr. Jackson visited Mr. Ed^y. and g^-ve an account of his conversation between him and Dr. Morton, of September 30, which the witness having de- tailed, says : "After Dr. Jackson had related the above, I said to him, -Dr. Jackson, did you know at such time, that after a per- son had inhakd ether, and was asleep, his flesh could be cut with a knife without his experiencing any pain?' He aeplied, 'No, nor Morton either ; he is a reckless man for using it as he has ; the chance is, he will kill somxcbody yet.'" And the Hon. E. Wanen, in his letter, says : '-Dr. Jackson told me, in substance, that the so-called discovery was not his, but that Dr. Morton w^as responsible for it; that the new use of ether was daingerous, and would, he feared, be attended with fatal consequences; that he (Dr. Jackson) was not answerable for the results, i\rA that, there- fore, he would refer me to Dr. Morton fcr further information." We cannot better express our views as to the interview of 30th September, and the exact value of the evidence which relates to it, than by quoting from the report of the foi'mer committee of this House, to which v%-e have already' refened. After a close 67 and careful cxaminatioD of the statements, and evidence in refer- ence to this interview, they say : "•'The evidsnce, then, amounts to this: Dr. Morton came into Dr. Jackson's office, having in his hand a gas bag, with which he p-roposed to operate on the imagination x)f a relractory patient by administering to her atmospheric air. Br. Jackson ridiculed the idea. Nitrous oxide was spoken of: Dr. Jackson objected to that, saying to Mr. Morton that if he attempted to make it, it would become nitric oxide. He then suggested sulphuric ether, and said it would make the patient insensible, and Morton could do what he pleased with her. This conversation, it will be noted, all took place about a refractory patient ; the object considered was the mode of bringing a nervous patient to a condition in which she could be operated upon, not in which si e would feel no pain from the operation. Mr, Mclntire says not one word ulyont pain or its absence in the operation, but that the operator could do what he pleased with the patient under the influence of sul- phuric ether. If this conclusion be correct, the information given by Dr. Jackson to Dr. Morton was no more than the current knowledge of the age — no more than he would have been told by any scientific man, or than he would have read in books which treat of chemistry and medicine ; and if it differed in anything from the general opinion of Bcientific men, it was in a stronger than ordinary assurance that the vapor w^as not injurious to health. At the same time, it is very clear to your committee that Dr. Morton relied more implicitly on information which he obtained from Dr. Jackson than from any other source, and that tiie information was given with the unhesitating confidence arising from a consciousness of high scienti'fic attainments. "This view of the subject awards to Dr. Jackson the irierit of greatly aiding by his advice and instructions -in the discovery. He did not himself produce the result, v/hich was new; or by his information carry knowledge in that direction, beyond the point it had alreadj reached. He was a sat I never heard of the use of sulphuric ether by inhalation, as a means of preventing the pain of surgical opera- tions, unfil it was suggested by Dr. Morton in the latter part of October. 1846. '^JOHN C. WARREN, " Prof&ssor of Jinatomy and Surgery of the Massachusetts General Hospital/' 73 The papex'-s given above show how, in the ordinary course of things, a discovery like this inscribes itself at once on something more exact and more durable than mere human memory. Your committee will add to the above a letter from Dr. War- ren to their chairman, and a copy of the first entry in the records of the Massachusetts General Hospital, touching the introduction of sulphuric ether in their surgical operations : '^Boston, January 21, 1852. '' Sir : Having had the honor of receiving from you some ques- tions relating to the ethereal inhalation, I have made good and true answers thereto, which I beg leave to enclose, and with these a short statement of the first instance of ethereal inhala- tion, which the committee can refer to if their time and inclination permit. '' 1 have the honor to be, respectfully, '* Your obedient servant, ''JOHN C. WARREN. ' Hon. W. H. BissELL." " Boston, January 21, 1852. ''1. Chloric ether and sulphuric ether are used in our liospital. Chloroform is not, having been known to be fatal in many cases. The first surgical operation with ether was done by me, at the re- quest of Dr.^Vm. T. G. Moxton, on the 16th of October, 1846. The circumstances of the ca?e are in a separate paper horewith enclosed. "2. Ether is used in our hospital in all operations accompanied with much pain. Its effect is very remarkable in the prevention of pain in all cases, when properly administered. In my address to the American Medical Association at Cincinnati, in May, 1850, I stated that I had myself employed sulphuric and chloric ether, or seen them employed in more than l,-300 cases. From that time to the present, I cannot speak ^vith numerical accuracy, but I suppose the cases have exceeded 1,000; thus making an aggre- gate of more than 2,500. In no one instance has any serious re- sult happeced to the patieeit within my knowledge. " 3. As to the diminution of mortality, it is entirely impossible to give any definite answer ; but the diminution of suflfering may be supposed to diminish mortality by removing one of its causes. ''4. In my private practice I have always used ether for the prevention of pain u\ severe surgical operations, and usually, if not universally, with great relief to the patient and satisfaction to myself. •^^ 5. The medical faculty within my knowledge generally con- sider the application of ether to the prevention of pain as the most valuable addition to the means of relieving human suffering since the introduction of vaccination. ''JOHN C. WARREN.'* 74 First case of ethereal inhalatioii. Copied from the surgical re- cords of the Massachusdts General Hospital. " This case is reinarkabie in the annals of surgery. It was the first surgical operation performed under the influence of ether. Dr. Warren had been iipplied to by Dr. Morto'n, a dentist, with the request that lie would try the inhalation of a fluid, which he said he had found to be eff'ectual in preventing pain during opera- tions on the teeth. Dr. Warren having satisfied himself that the breathing of the fluid would be harmless, agreed to employ it when an opportunit} presented. None occurring in private prac- tice within a day or two^ he determined to use it on this patient. ** Before the operation began, some time was lost in waiting for Dr. Morton, and ultimately it was thought he would not ap- pear. At length he arrived, and explained his detention by in- forming Dr. Warren that he had been occupied in preparing his apparatus, which consisted of a tube connected with a glass globe. This apparatus he then proceerled to apply, and after four or five minutes the patient appeared to be asleep, and the operation was performed as above described. To the surprise of Dr. Warren and the other gentlemen present, the patient did not shrink nor cry out : but during the insulation of the veins he began to move his limbs and utter extraordinary expressions. These movements seemed to indicate the existence of pain, but after he had recov- ered his faculties he said he had experienced none, but only a sensation like that of scrapo)g the part with a blunt instrument, and he ever after continued to say he had not felt any pain. The result of this operation led to the repetition of the use of ether in other cases, and in a few days its succes was established, and its use resorted to in every consi'lerable operation in the city of Bos- ton and its vicinity." By these operations, performed in a pubHc hospital before pro- fessional men of the highest intelligence, and the perfect success of the ethereal vapoj in annihilating all pain, its evident safety, and the readiness of recovery from the anaesthetic state, which resembled the waking fron: a deep and quiet sleep, a profound impression was made upon the public mind. In that of the sur- gical faculty it rose to enthusiasm. The success of the discovery was established; Boston, its native city, was proud of its mater- nity, and it was about to be hailed in Europe, whither a power swifter than the winds was wafiing it, with wonder and applause. During all this {imit Dr. Morton alone claimed the discovery and conducted ilv..^ experiments. He had slaked every thing dear in life — his hopes of fortune and fame — upon the discovery. He gave his labor by day a^d his thoughts by night to the perfecting of all that was incomplete in its application ; and in the language of the report of the Trustees of the Massachusetts General Hos- 75 pital, -'it is a mortifying fact that Dr. Morton's pecuniary affairs have become embarrassed in consequence of the interruption of his regular business, resulting from his efforts and experiments in establishing this great truth, and that his health has also severely suffered from the same cause, so that he can devote only a small part of each day to his professional labors. He became poor in a cause which has made the work! his debtor. The committee have the highest medical authority (that of Dr. Homans) for say- ing that from living so much of late in an atmosphere of ether, and from the anxiety attending the various trials and experiments connected with the discovery, and from the excitement caused by the controversies which it has occasioned, the health of Dr. Mor- ton has become such that he is unable to attend to his professional duties to any extent." And it was not until all was complete and completely verified — not until some time after the operation of the 2d of January, 1847 — did any rival appear and publicly claim the discovery, or even a participation in it. Subsequent to that time, however, public claims to the wlaole honor of the discovery have been advanced and are now urged before your committee, by Dr. Charles T. Jackson for himself, and for Dr. Horace Wells, deceased, by his personal representa- tives. On both of these we have touched in our examination of the discovery as connected with Dr. Morton, and we now propose to give to the claim of each a separate examination. The first public appearance of Dr. Jackson at the hospital dur- ing the performance of an operation under the influence of the newly discovered aiuesthetic agent, is shovirn in the following ex- tract from a letter of Dr. S. D. Townsend, one of the surgeons of the hospital, dated January 29th, 1852 : " Dr. Jackson presented himself for the first time on the 2d of „ ^ g January, 1847, and brought with him a bag of oxygen gas as an jy^ Town- antidote to asphyxia. I have had this date always fixed in my send, p. mind by the fact that I performed an amputation on that day ^^'5- under the influence of ether, and this is also confirmed by the re- cords of the hospital." Dr. Jackson, in a letter addressed by him to Baron Von Hum- boldt, dated November 22, 1851, a copy of which he filed with your committee, in support of his claim to the discovery, after giving an account of the habitual use of the vapor of sulphuric ether for the purposes and in the manner which we have shown to have been familiar with the medical faculty, since about the year 1795, states the facts, and details the circumstances, which he alleges to have attended its inhalation by himself in the winter of 1841-'42; and gives at length what he says were his deductions from the phenomena consequent on that inhalation. He says : "The circumstances were as follows: In the winter of 1841-'42, 1 was employed to give a few lectures before the Mechanics* Charitable As,sociation in Boston, and in my last lecture, vvliich I 76 think was in the month of February, I had occasion to show & number of experiments in iiliistration of the theory of volcanic eruptions, and for my experiments I prepared a large quantity of chlorine gas, collecting it in gallon glass jars over boiling water. Just as one of these large jars was filled wuth pure chlorine, it See J. D. overturned and broke, and in my endeavors to save the vessel, I Whitney, accidentally got my lungs full of chlorine gas, w^iich nearly sufFo- page 395. ^ated me, so that my life was in imminent danger. I immediately had ether and ammonia brought to me, and alternately inhaled them with great relief. The next morning my throat was severely inflamed and very painful, and I perceived a distinct flavor of chlorine in my breath, and my lungs were still much oppressed. I determined, therefore, to make a thorough trial of the ether vapor, and for that purpose went into my laboratory, which ad- joins my house in Somerset street, and made the experiment from which the discovery of ansesthesia was induced. I had a large supply of perfectly ])ure washed sulphuric ether which was pre- pared in the laboratory of my friend Mr. John H. Blake, of Bos- ton. 1 took a bottle of that ether and a folded towel, and seating myself in a rocking chair, and placing my feet in another chair, so as to secure a fixed position, as I reclined backward in the one in which I was seated. Soaking the towel in the ether, I placed it over my nose and mouth, so as to inhale the ether mixed wath the air, and began to inhale the vapor deeply into my lungs. At first the ether made me cough, but soon that irritability ceased, and I noticed a sense of coolness followed by warmth, fullness of the head and chest, wnth giddiness and exhilitation, numbness of the feet and legs followed, a swimming or floating sensation, as if afloat in the air. This vv^as accompanied with entire loss of feeling, even of contact with my chair in which 1 was seated. I noticed that all j)ain had ceased in my throat, and the sensations, which I had were of the snost agreeable kind. Much pleased and excited, I continued the inhalation of the ether vapor, and soon fell into a dreamy state, and then became unsconscious of all surrounding things. I know not how long I remained in tlmt state, but suppcee tlxat it could not be less than a quarter of an hour, judging from the degree of dryness of the cloth, w^hich dur- ing the state of unconsciousness had fallen from my mouth and nose and lay upon my breast. As I became conscious, I observed still there was no feefing of pain in ray throat, and my limbs w^ere still deeply benumbed, as if the nerves of sensation were paralyzed. A strange ti^.rilJing now began to be felt along the spine, but it was not in any way disagreeable. Little by little sensation began to manifest itself, first in the throat and body, and gradually ex- tended to the extremities, but it was sometime before full sensa- tion returned, and my throat became really painful. "Reflecting upon these phenomena, the idea flashed into my mind that I had made the discovery I had for so long a time been in quest of — a means of rendering the nerves of sensation tempo- 77 rarily insensible to pain^ so as to admit of the performance of a surgical operation on an individual without his suffering pain therefrom. That I did draw ihit< inference, and did fully declare my unqualified belief in both the sajeiy and efficiency of the 7nethod of destroying all sensation of pain in the human body, during the most severe surgical operations, no one doubts, arid it is fully proved by abundant legal evidence, which has never been impeach- ed or doubted in any quarter.^' *^I beg leave to refer you again to the evidence of Dr. Wil- liam F. Channing, a man ol science. Fellow of the American Academy of Arts and Sciences, son of the late Dr. William E. Channing, our most eminent divine. To the testimony of Dr. S. A. Bemis, one of our most eminent dentists. To the letter of •John H. Elake, a distinguished chemist ; and to the testimony of Mr. Henry D. Fowle, one of the best and most faithful apotheca- ries of Boston, (and to the letters of Dr. George T. Dexter, of New York, and of D. Jay Browne, of New York, obtained since this paper was written.) Their evidence, with that of my worthy friend and former pupil, Mr. Joseph Peahody, eletc ingenium a Vcole des mines at Paris prove that I had made this discovery, and long before any other person had even tried a single experi- ment of thje kind. (See also the new and very important evi- dence of Dr. George T. Dexter, of Nev/ York, and that of Mr. D. J. Browne.) *'In the rapid inductions of the mind it is not always easy to trace the exact method of thought by whicli we suddenly arrive at great truths. But so far as 1 can trace the reasoning that rap- idly flowed through my mind, it was based upon principles well understood by all eclucated physicians and physiologists. I knew that the nerves of sensation were distinct from that of motion and of organic life, and that one svstem might be paralyzed without necessarily or immediately affecting the others. I had seen often in my medical practice the nerves of sensation paralyzed without those of motion being effected, and those of motion paralyzed without those of sensation being influenced ; and both the nerves of motion and sensation paralyzed without the ganglionic nerves Or those of organic life being affecti^d. I knew, also, that the nerves of sensation are stationed as sentinels near the exterior of our bodies, to warn us of danger from external causes of injury, and that there is no feeling in the internal portions of our bodies. I knew, also, that when the knife is applied in surgical operations, that there is little sense of pain in any parts beneath the skin. This my own surgical experience, as well as that of others, had long ago demonstrated, and the phi]oso})hy of these physiologi- cal facts was made known to the medical world, in England and in this country, by the researches of Sir Charles Bell, of Eng- land, and was fully proved by all the eminent anatomists and phy-; biologists of Europe. Now, I had observed, 1st. That the nerves 78 of sensation in my own body were rendered insensible to pain for some time before unconsciousness took place. '^2d. Tiiat ail pain had ceased in a suffering part of my body during the stages of etherization preceding and following the un- conscious state. '•3d- That this slate of insensibility of the nerves of sensation continued for a sufficient length of time to admit of most surgi- cal operations, a:. Morton having Srst de- monstrated its safety and efncacy in the prevention of pain during surgical operations ; and that l3r. Morton, by consenting to per- mit Dr. Jackson's name to be united with his in the patent, with the right to receive one-tenth part of its profits, has shown him- self disposed, fairly and honorably, to recognise the amount of Iiis indebtedness to Dr. Jackson's advice." In the report of the committee of the House, in February, 1849, where these questions are carefully examined, the conclu- sion is against the claim, of Dr. Jackson on both these points ; they say : " It is, however, contended by Dw Jackson, that in the admin- istration of ether to his patient on the 30th September, and in the subsequent exhibition of it in the hospital, Dr. Morton acted as •Ms agent merely ; that he was, in fact, the experimenter as well as the discoverer, and the merit of success or the responsibility of failure rested on him. This position your committee w^iil now proceed to examine. " This claim is not supported by the evidence wJiich has been thus far considered ; indeed, it bears strongly against it, and your committee can find no contemporary matter touching this point, except a statement of George O. Barnes, not yet commented up- on. The w^itness, after stating Dr. Jackson's efforts to overcome the scruples of Morton, says: 'Indeed, Dr. Jackson urged the matter very earnestly and w^ith perfect confidence, taking on him- self the whole responsibility.' Now, if this be a deduction, an inference from the conversation stated, it is of no value whatever, except to show a certain earnestness in the witness. If it be but a further declaration, it is unsupported by the testimony of Mc- Intire : and, in a third important particular, differs from and goes beyond him. But the well attested conduct of the parties them- selves, at the time of the transaction in which this agency is claimed to have been conferred and accepted, what is termed by lawyers the res gestce, shows more clearly than everything else the true relation which they then bore to each other, and each of them to the subject matter in controversy. "Dr. Jackson claims that he had long had in his mind a con- viction that the vapor of sulphuric ether could be inhaled without danger or injury to the patient, and that under its influence sur- gical operations could be perform-cd without pain. All admit him to be a man of science, fully aware of the mighty value of such a discovery, and not at all indifferent to his own reputation in the scientific world. In this state of things we cannot con- ceive it possible that he could have remained inactive for years, waiting till chance should send him some one to bring out his great discovery, instead of proceeding himself by direct experi- ment. It is not at all disputed that Dr. Morton went to Dr. Jackson's shop that day uninvited ; that his w^ants and not Dr. Jackson's wishes and purposes led to the conversation ; that there 6 was notiiing of an especially confidential nature between them ; that what Dr. Jackson sairl to him, he said in the usual manner of public conversation, and not like a man who was engaging another to bring out a most important discovery to the world. *• But take Dr. Morton to be just what Dr. Jackson and his two witnesses represent him to have been at the time of that conversation, v^as he the man whom Dr. .Jackson would have trusted to represent him in a matter so deeply involving his character and his fame ? Say it is Jackson's discovery, the expe- riment is his, Ae is responsible for. the consequences. II it suc- ceed, he has made the noblest contribution to surgical science w^hich the century has witnessed ; if it fail, the consequences might be most disastrous. Whom does he select to carry out this, the most important conception of his life or of the age? Let his two witnesses ansYv^er. " According to them, a man profoundly ignorant of the pow- erful msclicinal agent w^hich he was directed to employ — one who did not know v/hat kind of *- stuff" sulphuric ether was, and who wished to see it in order thus to test its qualities, is selected by one of the first scientific men of the age to conduct a delicate and dangerous experiment with this same sulphuric ether, on the success of which even more than reputation depended. If Dr. Jackson had dwelt upon the subject, conceived the discovery in his own mind, considered it with a view" of making it knovrn to the world and useful to mankind, he knew that much depended on the first public exhibition ; and he also knew that it required science, prudence, and skill, to render the experiment successful , and prevent its becoming disastrous. Sulphuric ether would pro- duce insensibility to pain ; too little of it would make the expe- riment ineffectual, and bring the operator and his nostrum into ridicule ; too iiviich, or the proper quantity unskilfuUy adminis- tered, would produce asphyxia, probably death. Under these circumstances, how can your committee believe that Dr. Jackson would have trusted such a man as his witnesses represent Dr. Morton to be, with his first experiment upon his great discovery? Would it not have been inexcusable in him to have done so ? Would it not have shown a recklessness of his own fame and the lives of his fellov»'-men ? '^ Such a conclusion, your committee are satisfied, cannot be imputed to him with justice. Had Dr. Jackson made the discov- ery and felt that it was his, could he have failed to be at once aware of its vast importance, and the worldwide reputation it would give him, would he have trusted it for a moment m the hands of a man less skillful and scientific than himself? indeed, would he have entrusted it with any one ? but would he not have himself seen that it was administered in a proper manner, and under proper conditions to make it safe and effectual ? Would he not have stood by and watched the sinking pulse of his first subject, until insensibility was complete, and have been careful to •withdraw it when he saw it was likely to endanger life, and thus done all that science and skill could do to avoid a failure or a catastrophe ? But there was nothing of this. Having given the information which he did give in the conversation with Dr. Mor- See ton, he turned neither to the right nor left, nor troubled himself ^^^^'^^^^^'^ further on the subject, until he was advised bj Dr. Morton that gouiJ, and the experiment had been successful. He expresses no surprise, surgeons of no emotion; it is an incident of the day — an occurrence. ^^"C"?f ^^spi- cording to the testimony of Barnes, he advises Dr. Morton to try it in some capital operation in .the hospital ; does not say he will try it himself, which he might or ought to have done, if Morton had been his agent. He does not propose to get permission for Dr. Morton so to try it, though he well knew the application by himself, or in his name, would insure the permission. He advises Dr. Morton to get permission, and try it in the hospital, and does not propose to be present, and in fact is not present when the trial is made, though the hospital was but five minutes' walk from his door. That operation was successfully performed, and another was noticed to take place the next day, about which Dr. .Jackson gave himself no concern, and at which he was not present. The com- mittee feel that his conduct during this time was wholly incon- sistent with the fact that he recognized the discovery as his own, and that these were his experiments. "It is urged as a reason for his absence at the first operation in the hospital, that Dr. Morton did not inform him at what time it was to take place. As to this, there is no proof that he did or did not inform him ; but surely, had Dr. Jackson felt the soli- citude which the discoverer would naturally feel, he would have informed himself, and his daily associations naturally led him, to the knowledge. On the other hand, after the successful operation of the 30ih of September, and after Dr. Morton had seen his pa- tient and ascertained that be had suffered no injury from the ether — elated with his success, he consulted Dr. Hay den as to the mode of bringing out the discovery, and suggested at once that he would introduce it into the hospital. A few days afters- wards, he told Dr. Hayden that Dr. Jackson would not counte- nance the discovery, and again said he vv^ould go to Dr. Warren and endeavor to have it introduced into the hospital. The fact that Dr. Jackson refused to give Dr. Morton a certificate that ether was harmless in its effects, or might be used with safety, is admitted by Dr. Jackson in his defence by the Messrs. Lord ; but they say it proves nothing but Dr. Jackson's '^ unwillingness to figure in Dr. Morton's advertisements, a7id his prudence in re- fusing to make himself responsible jor anything and everything Morton, in his ignorance, might do ivit/i an agent liable io the most dangerous abuse. ^ "This, if it stood alone, might be satisfactory; but one of the witnesses, Geo. O. Barnes, says that, on the 30th of September,. ?.S3'jr3:'. L::n it V\'Gi;ld '^ 'uct do t.'ic l east injury.^ He urgetithe matter very earnestly, expressly taking on himself all the respon- sibility ;' and it was on the firet of October, the morning after the sncce'^^Hfl experiment, th?^ Dr Jackson refused to ofive a cerHii- cate 'that ether was har.iiless in its eitects,^ and yet, on tlie same day, the witness Barnes says, on being advised by Dr. Morton of tM success of the operation, Dr. Jackson said to him : ' You must go to Dr. ¥/arren and get his permission to administer it in the Massachusetts General Hospital, and if possible, it should be on a capital operation.' And he a^oes on to say that Morton strongly objected at first going to the hospital : that everybody would smell the ether, and it would not be kept secret : but that, after learning something to disguise the odor, he agreed to apply to the hospital. "We have already adverted to the fact that Br. Morton, the very evening after the successful operation, suggested to Dr. Hay- den that he would go to the hospital and get permission to try the ether there ; that he vvent next morning to Dr. Jackson, and re- turned, saying Dr. Jackson would not give his countenance to the discovery ; and it is admitted that Dr. Jackson refused him the certificate he wished for, and one of the reasons given is that he did not think him fit to be trusted. Is it, then, probable that he urged him to go to the hospital and there bring out his (Dr. Jack- son's) great discovery? But James Mclntiiewas also present on the 1st of October, when Dr. Morton returned and advised Dr. Jackson of the entire success of the experiment, and he says not a •word of Dr. Jackson's proposing to Dr. Morton to try an experi- ment in the hospital. Your committee has already remarked in several other points of difference in the testimony of these two wit- nesses, and in each case, as in this, they felt themselves constrained hy the testimony of other witnesses and by the inherent character of the evidence to rely on the accuracy of Mclntyre rather than of Mr. Barnes, w^here these discrepancies occur.* •• Another difficulty in sustaining the position assumed by Dr. Jackson forcibly impresses itself upon your com|iiittee. Accord- ing to this, on the 30th of September, Dr. Jackson entrusted Dr. Morton with his discov-ery, and not only suffered him, but ^ earn- estly urged ' him to use it, assuring him it was perfectly safe ; Dr. Morl'on tried it on the same evening ; his success. was complete ; he brought io Dr. Jackson the next morning conclusive evidence cf all this, and Dr. Jackson refused him a certificate because he would not ' make himself responsible for anything and everything Morton in his ignorance might do with an agent liable to the most dangerous abuse,' w^hile nothing is shown to shake Dr. Jaekson's confidence in Dr. Morton since the previous day, or at all to change his opinion of him, except the triumphant success of the * See J. D. Whitney, United States Geologist, p. 395 : that this Barnes had ^' testified to anything Dr. Jackson wanted him to." 85 operation which he reported and proved. On the 16th of Octoberj the first operation was performed in the hospital, at which, as we have already shown, Dr. Jackson did not attend, and at which his name was not known. The second operatiort at the hospital took place on the 17th, Dr. Jackson talking no part in it by his presence or his counsel. Both operations were entirely successful, and both conducted on the part of Dr. Morton to the etitire ssatisfaction of the surgeons of the hospital. Eut at this time Dr. Jackson's con- fidence in Dr. Morton, if he ever did confide in him, is wholly gone. He denies, in the conversation with his neighbor and friend, Caleb Eddy, that under the influence of ether the flesh of a patient can be cut without pain ; says Morton '' is a reckless man for using it as he has ; the chaTiCeis he will kill somebody yet ;' and in the interval Uitween the 30tb of September and about the 23d of Oc- tober, he declared he that did not care what Morton did with it, or how much ^Morton advertised, if his own name was not drawn in with it. '• It would seem that as Dr. Morton acquired eclat by his con- stant success, as he continually and rapidly rose in the estimation of other scientific men, he as continually and as rapidly sunk in the ^^- GouM^ estimation of Dr. Jackson. The evidence of Francis Vf hitman, ch&ndlQv^^ Mr. Caleb Eddy, and Hon. Edward Warren, show that, priorp. 26S, ^ and up to the 23d October, Dr. Jackson ^spoke doubtingly of the effect of ether, and condemned its use ; and there is no proof what- ever that, within that time, he lent the slightest countenance to Dr. Morton to sustain the discovery, and all his remarks, exc^ept those stated by Mr. Hitchcock to have been made to him on the 2d and 3d of October, tend to create distrust and destroy confidence both ir^ the operator and the agent used. His favorable mention of it to Bv, Keep occurred after the 26th of October, the actual date not fixed, and was accompanied with a strong general charge of ignorance and recklessness against Morton, who v/as then in the full tide of successful experiment. This state of facts is, in the opinion of your committee, wholly inconsistent with the assmnption that Dr. Jackson was the discoverer ; that he employed Dr. Mor- ton to bring out the discovery ; and that the experii::ents of Morton were tried on the responsibility of Dr. Jackson." The error into which Dr. Jackson has fallen, as to the extent of the concessions which have ]>een made him by all who have ex- amined the evidence, is somewhat remarkable, in view of the reasonings and conclusions of these tv/o very able reports upon the distinct points which he claims to have been universally con- ceded. While neither of them finds it necessary to approach or touch, what he avers to be '• the only points oonteste-d by " his *' m^ponents," namely : to use his own words, " That I had not a sufficient reasoa for draiving the inference that I did, as they ad- mits drawn from my dataJ^ " And again, that by inducing an ignorant dentist, a man of no medical knowledge, to pei'form the 86 mere mechanical operations made by my advice, and upon my medical responsibility, expressly assumed before witnesses, that I made him a co-partner, or joint discoverer, and that he made the first application of my discovery." Your committee hav^ looked in vain through all the papers be- fore them, and find no such admission; nor do they find the controversy anywhere to turn upon what Dr. Jackson, in this See Drs. P^^P^^^ avers to be the ^^ only points contested J'^ On the contrary, H. J. Bige- they find it denied, and to have been all along denied, that Dr. lows, S.Jackson drev*r the alleged inference, or in any other manner made ^^^^^^^^the discovery ; or that he employed or engaged Dr. Morton to Gould. ' ' administer the ether vapor, on his (Dr. Jackson's) responsibility. These are the questions which your committtse find to be the ques- tions in issue, and which have been, from the first claim made by Dr. Jackson, m issue. This erroneous statement somewhat weak- ens the credit of the paper for accuracy, but it is to be regretted only in so far as it may tend to mislead the distinguished apostle of science in a foreign land, to whom it was directed. Dr. Jackson's first claim to the discovery which appears on paper, is in a letter addressed to M. Eiie de Beaumont, dated Boston, 13th November, 1846, which was opened and read to the Academy of Arts and Sciences at Paris, at their meeting, 18th January, 1847. It is ti^s introduced : "M. Elie de Beaumont requested the opening of a sealed packet which had been deposited at the meeting of 23th of De- cember, 1846, and which contained two letters from Mr. Jackson, of which the following are extracts : first letter — " ^Boston, Voth MovemhcTy 1846. *''I request permission to communicate through your medium, to the Academy of Sciences, a discovery which I have made, and w^hieh I believe important for the relief of suffering humanity, as well as of great value to the surgical profession. Five or six years ago I noticed the peculiar state of insensibility into which the nervous system is thrown by the inhalation of the vapor of pure sulphuric ether, which I respired abundantly : first by way of experiment, and atterwards when I had a severe catarrh, caused by the inhalation of chlorine gas. I have latterly made a useful application of this fact, by persuading a dentist of this city to administer the vapor of ether to his patients, when about to undergo the operation of extraction of teeth. It was observ- ed that persons suffered no pain in the operation, and that no in- convenience resulted from the administration of the vapor.' " In a second letter of December 1st, 1846, Dr. Jackson author- izes the opening of the above letter. The following is an extract from it, and the explanatory remarks of M. Velpeau : second letter — 87 ' "1st Beceraher, 1846. •' The advantage of the appreciation of the vapor of ether has been completely established in this country, and the agent has been used with great success at the Massachusetts General Hos- pital." On this point Mr. Yelpeau made the following remarks : "The secret contained in the note which has been read is no longer a secret ; the medical journals published in America and England have divulged it in the months of November and De- cember. A letter from Dr. Warren, of Boston, communicated the information to me more than one month ago ; and Dr. Willis Fisher, of the same city, proposed that I should try its effects at La Charite towards the middle of last December." The present object of quoting these letters is to show the ac- count which Dr. Jackson then gave of his experiment in 1841-'42. It, in truth, goes no further than prior experiments had made fa- miliar to the medical faculty. The Edinburg Medical Journal of April 1st, 1847, speaking of it, says : '^ In the administration of ether vapor there is, therefore, noth- ing new. Its narcotic and anodyne effects have been long well known to experienced and well-informed observers. The applica- tion of ether vapor, nevertheless, as an anodyne previous to surgical operations, suggested a mode of exhibition which, besides being new, has the merit of being more efficient than the uiethods in ordinary cases." Dr. Jackson's trial in 1841-'42, as stated by him in the above letter, w^as a mere application of its well-known narcotic and ano- dyne properties. In a paper pubHshed by Dr. Jackson in the Boston Daily Advertiser of March 1st, 1847, he adds to the state- ment in his letter to M. Elie de Beaumont but one distinct fact — relief from the pain of his catarrh during the effect of the inha- lation of the vapor of sulphuric ether, and its return presently afterwards. The same fact is stated as having occurred in Dr. Thornton's practice, first published in 1795-'96. In a letter written by Dr. Jackson to Dr. Martin Gay, dated 'May 1, 1847, he professes to give an account of his "experi- ments and observations made several years ago on the inhalation of the vapor of pure sulphuric ether." He states his experiments as follows : The first : " I moistened a cloth and laid it over my mouth and nostrils, and laid myself back in a rocking chair, and inhaled the vapor, noticing its effects on the system. The first impression was that of coolness, then a sensation of warmth and exhilaration, with a 88 singular feeling of excitement in the chest. This was followed by a loss of consciousness, from which I in a short time awoke ; soon afterwards I entirely recovered from the effects of the ether." The second : *' Afterwards, still suffering from the effects of the chlorine, I thought I would try the ether vapor again, and for a longer time. I went, therefore, into my office, which is connected with my house, and taking the bottle of pure sulphuric ether from the lab- oratory, I soaked a folded cloth in it, squeezed it out slightly, and seating myself in a rocking chair, with my feet resting upon another chair, I commenced inhaling the ether from the cloth, which was placed over my mouth and nostrils, while my head was laid back against my chair, so that I was quite at ease in a fixed position. The effects of the inhalation were as before des- cribed, excepting that it made me cough at first. I was, there- fore, led to believe that the paralysis of the nerves of sensation would be so great, during the continuance of the insensibility, that a surgical operation might be performed upon a patient under its influence, without giving him any pain ; for the loss of con- sciousness was remarkable, perhaps resem^bling that of epilepsy more than any other kind of insensibility." On the 18th of May, 1848, something more than a year after- wards, the contest about the discovery all the time going sharply on, and new facts daily developing themselves in the use and effects of sulphuric ether. Dr. Jackson addressed a letter to Jo- seph Hale Abbott, Esq., giving, as he says, '-'a more minute state- ment, than I have heretofore published, of the effects produced upon me by sulphuric ether, when I inhaled it for rehef from the distress occasioned by the inhalation of chlorine in the winter of 1841-'2. And, also, a statement of the precise ground, Avhich I have never published, of the idea then conceived by me that pure sulphuric ether could be used with safety and success to prevent pain in surgical operations. "I will add that in my published letter to Dr. Gay, I neglected, through inadvertence, to state one of my principal reasons ; which, as will be seen by this pamphlet, I had mentioned to him, in con- versation, for the inference I drew from my observations. The experiment referred to above, in the course of which I observed that sulphuric ether produced insensibility to pain, was as fol- lows : Having taken a bottle of pure sulphuric ether from my laboratory, I went into my office, soaked a folded cloth with it, squeezed it out slightly, and seated myself in a rocking chair. Having laid my head back against the rocking chair, with my feet supported by another, so as to give me a fixed position, I placed 89 the cloth over my mouth and nostrils and commenced inhajing the ether. The effects perceived by me were at first a little coughing, a sensation of coldness, then warmth and fullness of the head and chest, exhilaration and giddiness, nuinbress ar^d want of feelmg in the feet and legs, a swimming sensation, as if I had been afloat in the air, together with a loss of all feeling of the rocking chair in which I was seated — loss of all sensation of pain in the throat and chest — a state of reverie, and soon entire unconsciousness, for a space of time unknown to me. Recovering^, I felt a sense of giddiness, but with no desire to move — found the cloth I had moistened with ethel' had dropped from my mouth — had no feeling of pain in the throat and chest, but began to feel a strange thrilling in the body. In a short time, I felt the sore- ness in the throat gradually returning, and the distress in the chest also, though much less than it had been before. From the ces- sation of all pain, and the loss of all feeling of external objects, a little while before and after the loss of entire consciousness, I was led to infer that the paralysis of the nerves of sensation would be so great during the continuance of the unconsciousness and the total loss of feeling, that a surgical operation could be performed upon a patient, under the influence of ether, without giving him any pain ; and, therefore, I prescribed it with entire confidence in the result." Next follows, on the 18th of December, ISol, the narrative to Earon Von Humboldt, above set forth, but to which your com- mittee think proper to refer again, specially, in this connexion. After stating the accidental inhalation of chlorine gas, and the means used to destroy its effects, he says : *' The next morning my throat was severely inflamed, and very painful, and I per- ceived a distinct flavor of chlorine in my breath, and my lungs were still much oppressed. I determined, therefore, to make a thorough trial of the ether vapor, and for that purpo$;e went into my laboratory, which adjoins my house in Somerset street, and made the experiment from which the discovery of anJKsthesia was induced. I had a large supply of perfectly. pure washed sulphuric ether, which was prepared in the laboratory of my friend, Mr. John H. Blake, of Eoston. I took a bottle of that ether and a folded towel, and seating myself in a rocking chair, and placing my feet in another chair, so as to secure a fixed position as I re- clined backward in the one in which I w^as seated. Soaking the towel in the ether, I placed it over my nose and mouth, so as to inhale the ether mixed with the air, and began to inhale the vapor deeply into my lungs. At first the ether made me cough, but soon that irritability ceased, and I noticed a sense of coolness, followed by warmth, fullness of the head and chest, with giddi- ness and exhilaration; numbness of the feet and legs followed; a swimming or floating sensation, as if afloat in the air. This was accompanied with entire loss of fcdiiig, even of contact with the 90 chaix^ in which I was seated. I noticed that all pain had ceased in my throat, and the sensations which I had were of the most agreeable kind. Much pleased and excited I continued the inha- lation of the ether vapor, and soon fell into a dreamy state, and then became unconscious of all surrounding things. I know not how long I remained in that state, but suppose that it could not be less than a quarter of an hour, judging from the degree of dry- ness of the cloth, which, during this state of unconsciousness, had fallen from my mouth and nose, and lay upon my breast. As I became conscious I observed still there was no feeling of pain in my throat, and my limbs were still deeply benumbed, as if the nerves of sensatioii were fully paralyzed. A strange thrilling now began to be felt along the spine, but it was not in any way disagreeable. Little by little sensation began to manifest itself, lirst in the throat and body, and gradually extended to the ex- tremities, but it was some time before full sensation returned, and my throat became really painful. ^* Reflecting upon these phenomena, the idea flashed into my mind that / had made the discovery I had so long a time been in quest of; a means of rendering the nerves of sensation temporarily insensible to pain, so as to admit of the performance of surgical operation on an individual without his suffering pain therefrom." These statements would have been entitled to much more v/eight, in the estimation of your committee, if all the facts al- leged to have been observed, and conclusions drawn, in 1841-'2, as stated in the letter to Baron Von Humboldt, of December 18, 1851, had appeared in the letter to Elie de Beaumont of Novem- ber 13, 1846, or even in that to Dr. Gay, of May 1, 1847 ; but such is by no means the case. Each successive letter states the case more strongly than the last preceding, and the facts super- added in the later letters are those vv^hich alone give novelty and importance to the experiment. In closing his statement of the last and final experiment in 1841-*2, in the part of the letter of December 18, 1851, to Baron Von Humboldt, las«t above set forth. Dr. Jackson says, " reflect- ing upon these phenomena, the idea flashed into my mind that I had made the discovery I had for so long a time been in quest of ; a means, &c." And he goes on to give, formally and in detail, the scientific deductions which he says were made at the time, and which then led him to the conclusion. If that statement be true, the discovery at that time, so far as private experiment and philo- sophical deduction could go, was as full and complete as it was on the morning of October 1, 1846, after Dr. Morton's successful operation on Eben Frost. Now, if Dr. Jackson, in the winter of 1841-'2, did, in fact, make such discovery, and in earnestness, and in faith, and enthu- siasm, was possessed with it, and with an animating desire to give it, and to give his name with it, to mankind, how happens it that 91 no contemporary written paper or pen-mark, under the hand of Dr. Jackson, or some one of his numerous friends or pupils, re- mains to attest the discovery? No private memorandum of his ^^Isnot own, detailing his experiments and his scientific deductions from tliis a good them; notliino;, in case of sudden death, to connect his name with ^^^^i.^^^?^® ,. * 1 1 T •jir'..- Tin Lrerman m- the discovery, and secure the discovery itseli to tiie world : vention of The paper above referred to, of November 13, 1846, wiitten gun-cotton, after the discovery had been in fact made — after the first capital ^^ *^ ^ operation had been successfully performed under the superinten- don't know dence af Dr, Morton, and after Dr. Jackson had nearly made up which dis- his mind to claim the discoviery as Ms own, w^as enclosed to M. ^^^^^I^I-^' Elie de Beaurnont, with directions to iiie it in the Academy of j^ogt ex- Arts and Sciences of Paris, but not to break the seal until thereto citement. directed. This paper, its seal and its custody, sJiow^ that Dr. Jack- It is curious 5on knew how to save a secret and yet preserve the evidence of a g^ould ^^ disco vej-y ; and it shows that he v/as not negligent or tardy, but have been hastened to take a formal contingent possession of this discovery overlooked in Europe before he witnessed, even as a spectator, a eingfe opera- ^^etter^ of tion under the influence of the new anoBsthetic agent. It seems Dr. JacJc- that he had not yet fully made up his mnnd to claim the ^^^ son to J. B. covery. He wanted further verification of the safety and efficacy {343^'^*'^' of the ana^s^ietic agent before he^ took the decisive step df an- nouncing it as his own. He therefore tlirected the letter making the claim to the discovery to be deposited, seaied^ in the Academy of Arts and Sciences at Paris, not be opened until he should direct. The success of the pain-subduing agent from that day till the first of December, 1846, removed all doubt. The discovery was established. It already stood first in rank in the discoveries of the century, and fame, and honor, and rewards awaited the dis- coverer. Dr. Jackson, on that day and under these circumstances, wrote the letter last above copied, to M. Elie de Beaumont, di- > lecting him to open the sealed packet, and publish him, Dr. Jack- son, to Europe, as the discoverer. Considering the man and the discovery ; the inestimable value of the discovery; the knowledge of the man, and his capacity to appreciate its value ; his full application of it when satisfied that the discovery v/as in fact made, and his eager promptitude in then L^eizing and appropriating to himself at least all that was his ; your committee cannot believe it possible that he should have been for a long time in earnest pursuit of the discovery, that he should have made it and perfected it in 1841-'2 by experiment and deduc- tion, that he should, for nearly five years have been in possession of it and with his full estimate of its value, and yet that he should not in its inception or progress record it, somewhere, at somg time, on something more fixed and reliable than mere frail, uncertain, and mutable memory. 92 He knew well, if he thought on tlie subject at all, that but a. thin veil separated the familiar and daily waiks of the faculty from the spot where lay his hidden treasure. Did he nofri* ^ that some one would lift the veil? He knew it was but asiLp, and that a short one, from what was well known to the discovery itself. Did he not fear that some one would take that step and sei^e the prize which he could then so easily secure to himself forever ? If he made the discovery in 1841-'25 and was not yet prepared to disclose it, there was reason then for placing in the archives of some European and some American academy a sealed paper, giving an account of the /acts observed, and the deductions drawn at the time, that this much at least might be beyond the reach oi rivalry and chance. But was there any just reason for this when he committed the sealed lett^- above referred to to Mo Elie de Beaumont ? The discovery was public and in public use in Boston for moi^ than a month before that letter was vrritten and seakd. The packet ship that carried that letter bore also the news of the discovery to Europe. What secret did this paper contain, that it must be kept under seal until the next arrival from America ? Nothing, surely, which was public in Boston when the packet sailed ; public also, of course, on board of the ship^ and Vvhich must be public over all Europe within twenty- four hours after she should touch the Liverpool docks. The sealed letter contained but one single secret not known over the European and American vrorld, before it reached the hands of M. Elie de Beaumont, namely : that Dr. Charles T. Jackson claimed the discovery as his. And vv^hy did he not then avow it, and proclaim it, instead of requiring his claim to remain under ihe seal of ^secrecy till the next arrival ? His letter of 1st December gives tlie reason. It advises M. E^ie de Beaumont that the success of the Bewly discovered anaesthetic agent is complete, and directs him to open, therefore, the sealed packet, and disclose its contents to the Academy. He did so ; and Dr. Jackson was forthwith in possession of the discovery in Europe. Until the fi';st capital operation under the influence of the vapor of ether, which took place on the 7th of November, 1846, Dr. Jackson had evidently no fixed confidence in its success as an anaesthetic agent. Nor did this sieem. to satisfy him fully. Six day€ after this he sent his sealed statement to be deposited in the Academy at Paris, and not until many more successful operations had been performed under the superintendence of Dr. Morton, and until the last doubt of the incredulous was removed, did he direct publication to be made of his claim to the discovery. It is not to be credited that he had already possessed this discovery for five years, and knew its value and felt the etithusiam of the discoverer; that he held it and believed in it and rejoiced in it for five years, and yet, that no word or line was ever written by him or any one of his numerous confidential friends to him, or for him, until the iette: 01 x^ovember i^^tn, lb4G, liintmg' even darkly at his pos- session 01 the migiity prize. And tiie dilnoaity is greatly increased when these striking facts are considered in connexion with this letter, embodying the first written statement of Dr. Jackson's al- legred discovery. The accounts there given of his alleged ^^P^^i- g^S™^^' ment« in l841-'42, show no new discovery, but a mere repetition Warren, ' of a well known prescription for its usual purpose, attended with Hayward, effects also before that time well known. And the medical jour- "^^J^r ^°M nals from the other side of the Atlantic, which returned with a revievv' of the discovery, show this fact, and comprise all the merits of the discovery in the successfji application of the vapor of sul- phuric ether as an anaesthetic agent in an actual surgical opera- tion. These journals-, with this criticism and judgment, had been in the hands of the American public more than a month before Dr. Jackson published his amended and extended statement of March 1st, 1847, and mere than three years before his letter of 18th December, 1S51. to Baron Yon Humboldt, the statement in which, if it be believed, supplies all deiicieneies except the want of a public experiment, or one at least made in the presence of witnesses. Eut it is strange^ if that statement be true, that Dr» Jackson, from 1841-'42, to September 30, 1846, never applied that crowning test ; that after he professed tc have perfected the discovery by philosophical experiment and induction, he suffered it to sleep for five years, during which time he never made another experiment of any kind on himself or on another person, or even on a domestic animal ; that, from fir«t to last, he never m'tde an experiment of any kind in presence of witnesses. Indeed, for sev- eral years prior to 30th September, 1846, the use of sulphuric ether appears to have ceased in his laboratory, for in his letter to Baron Yon Humboldt, giving his version of the interview with Dr. Morton on that dayj he sb.js : ^^He (Morton) asked me to let him take the bottle of sulphuric ether v\'hich I had just shown him ; but since it had been standing in the laboratory for some years, I feared it mi^ht have become deteriorated, I therefore advised him to go to Mr. Burnett, one of our best apothecaries, and get some pure sulphuric ether." Dr. Jackson evidently feels that the long delay, from 1841-'42 lo 1846, hi bringing out his alleged discovery, and the sudden and abrupt manner in which he professes to have placed it in the hands of a man whom he stigmatizes as an ^Hgnoramiis^^ and a " quack,'' require explanation ; and in his letter to Baron Yon Humboldt, he gives the following : "Tt is obvious enough to those who know the ciicumstances, why I engaged an ignorant man to introduce my discovery. I had already, before Mr. Morton came to Boston and set up as a den- 94 tist, endeavored to engage more T^sponsible persons to make trial of the ether in their practice, but they declined doing so, kno\ying that the medical and toxicological books declared it to he a dan- gerous experiment, while I insisted that it was not dangerous. They thought that in their medical capacity they would incur responsibihty for any accidents that might happen to the patients, and hence feared to act."* If Dr. Jackson made, in truth, this great discovery in the winter of 1841-'2, and was conscious of its truth and its value, the above statement, in the opinion of your committee, falls far short of a suflicient explanation of the fact that he so long de- layed announcing it to the world. According to him^ the dis- covery v/as complele as soon as he av/oke from the state of un- consciousness into vvhich he had been brought by inhaling the ether vapor. All v^^as complete, except to bring it out by an actual experiment in the presence of the surgical faculty ; as com- plete, so far as he was concerned, as it w^as on the morning of the 30th of September, 1846. Now, can it be believed, that during more than four years that intervened betv/een the time of the alleged discover}^ and the public experiments of Dr. Morton, no available means offered themselves to Dr. Jackson to test it, and disclose it, and prove it to the world ? He says, " and it is w^ell known that the vapor of sulphuric ether was sometimes inhaled by the young men at college." Could he not, after this discovery, have been present, and after leading the way himself, have in- duced some of them to inhale it until it produced ir^sensibiJity ? Could he not have himself inhaled it before his friends and asso- ciates of the hospital, and satisfied them of its safety by his speedy recovery, of its complete suspension of all sensibility to pain by usual tests with which he was familiar, or even something more decisive, as the actual cautery applied for an instant to some sensitive part ? Conviction would have follovf ed a simple and safe exhibition like this, and his associates, members of the faculty of the hospital, v/ould not have hesitated to further test the dis- covery by surgical operations. Indeed, we cannot suppose that they would have hesitated to do so at once on his mere statement of the expeximent upon himself, as given to Baron Von Humboldt, and his assurance that it produced anaesthesia, and was attended with no injurious effects. They did not hesitate to grant it to the representatians of Dr. Morton- — a young man almost a stranger to the faculty. Dr. Jackson, it seems, too, believed they would grant it thus readily, for he says he directed and urged Dr. Mor- ton to go and ask it, to which he says Dr. M. reluctantly con- sented ; and Dr. Jackson gave him no written paper, and spoke no kind word m his behalf to any of the faculty. With the extra- ordinary facilities for bringing out such discovery, which Dr. Jack- * "Having no patients, and being engaged in other business, I had to employ others, viz : Morton and the hospital surgeons." — Letter to J. D. Whit»ey, 1847. 95 son had at his very door ; with his own high scientific position, which enabled him fully to command them, your committee can- not believe that he made the discovery, and was compelled by a kind of necessity so long to witlilioid it from the world. Dr. Jackson shows no such necessity. Nor can your committee be- heve that he had the secret, and held it for any reason or from any motive, a buried talent for nearly five years ; that he wit- nessed from time to time, during all that long period, the agony of the human frame- under the tortures of the cautery, the scalpel, and the knife, and remained silent, while he had, and knew he had, sovereign power over pain, and could banish it instantly with a breath. But Dr. Jackson, in his own conduct and bearing in reference to this discovery, and its verification and presentation before the public, from the oOth of September, 1846, down to the tim.e that it was fully established, proves that he was not, and did not be- lieve himself to be the discoverer. Giving Dr. Jackson the lull benefit of the favorable opinion v/hich he entertained of Dr. Mor- ton, before- he had determined to become his competitor for the honor of the discovery, which appears by his certificate, namely, that he was a youEg man of marked energy and intelligence, and very creditable acquirements, in such branches of science as per- tained to his profession, still it is not within the range of proba- bility that Dr. Jackson, had he possessed the discovery, would have intrusted him or any one else to test its merits in the manner and under the circumstances in which he professed to have in- trusted it. He unquestionably believed Dr. Morton ignorant of sulphuric ether, its properties and its use, and supposed he had never thought of its application in the manner proposed. Surely he v^ould not select a man, ignorant of the anassthetic agent itself, to perform the delicate operation of first testing its efficacy and safety. He knew how much depended on its first exhibition, and he also knew that it required science and skill to render the experiment successful, and to avoid danger and disaster. Sulphuric ether would produce insensibility to pain, too little of it would make the experiment ineffectual and expose the operator to ridicule, too much, or the proper quantity unskilfully administered, would produce asphyxia, perhaps death. Under these circumstances Dr. Jackson could not have trusted a young man, without medical knowledge, and wuthout the knov/ledge of sulphuric ether, or its effects, to conduct his first great experiment, and he himself think it not worth his while to be present. But, according to his own statement, he gave to Dr. Morton no sufficient instruction corres- pondent with the mighty mission on which he was sent. He gave all the instruction which he saw fit to give in ten or fifteen minutes, he walking, and his pupil, according to his last statement, caper- ing about the laboratory. He dispatched him, however, on his % mission of mercv. to banish pain from the hiiniai: race, and lie himself quietly took his seat again in his laboratory, and troubled himself no further about the result. Dr. Jackson, had he thought on the subject, kne%v well that the effects of ether vapor would be different on different persons, and even on the same person in different states of the system. Had he been about to bring out his own discovery, the crowning honor of his life, he would not only have attended in person to the skilful administration of the anaesthetic agent, but he would liave hcen especially careful in the selection of a subject. On the contrary, if this was his t-xperiment, he directed its trial on the w^orst subject conceivable, a nervous and refractory patient who refused to submit to an operation. That was what Dr. Morton professed to have on hand, and in reference to which Dr. Jackson saj^s he disclosed his discovery and gave directions for its application. The first operation was really performed on a fortunate subject, such a one as Dr. Jackson might well have selected ; but he knew nothing of this, or of anything other and iurther than the refractory patient. But Dr. Morton returned to Dr. Jackson's laboratory the next day, and reported the success of the experiment. Dr. Jackson, according to the testimony of Earnes, one of his witnesses, is quite unmoved, and expresses no surprise, but advises, and, as Dr. Jackson himself says, urged Dr. Morton to go to Dr. Warren and get his permission to try it in a capital case at the hospital. Now, if Dr. Jackson were really the discoverer, and had employed Dr. Morton to make the experiment for him, and as his agent, why did he send him, or advise or urge him to go to the hospital at all ? He refused him a written certificate that the anaesthetic agent which he used was harmless, because, as his former counsel, the Messrs. Lords, said for him, of an " unwillingness to figure in Morton's advertise- ments, and his prudence in refusing to make himself responsible for anything and everything Morton in his ignorance might do with an agent so liable to the most dangerous abuse.'' How came he, then, to trust Dr. Morton with this agent ? Why did he urge him to go with it to the hospital? He says in his letter to M. Elie de Beaumont that the experiments in the hospital were his. He had his anesthetic agent tested there in a capital experiment. He sent Dr. Morton to Dr. Warren to ask its ad- mission in the hospital ; and yet refused Dr. Morton a written certificate of the safety of the agent because he would not '-make hijnself responsible.'' And who was responsible ? We have no hesitation in saying that Dr. Jackson's claim to these experiments is unfounded, and his statements so far untrue, or he was guilty of bad faith towards Dr. Morton, and especially toward the faculty of the hospital. But the question recurs, why did he urge Dr. Morton to go to the hospital at all ? He does not pretend to have employed him 97 as his sole and only agent to bring out liis discovery. On the contrary, according to the statement of Barnes, his witness, Dr. Jackson, on the 1st of October, when applied to by Dr. Morton to keep the discovery secret, replied '^No ! I will have no secrets with my professional brethren." He was under no obligations to Dr. Morton. Why did he send him to the hospital ? He had trusted Dr. Morton in one case only ; if he did not think it worth his while to attend at the hospital himself and see in person to the administration of the anaesthetic agent in a capital case, he might have trusted it to some one of the learned surgeons of the hospital, to whom he could in a few minutes time have communi- cated all the information which he gave to Dr. Morton but the day before. He would then also have been free from all responsi- bility, which, though refused in writing, he says was assumed hefore witnesses, for w^hat, in the language of Dr. Jackson's counsel, " Morton in his ignorance and rashness might do with an agent so liable to the most dangerous abuse.^' This would have been consistent. If he engaged a dentist to use his discov- ery wheii he should extract a tooth, would he not have engaged a surgeon to use it when he should amputate a limb ? For what possible reason, if his statement be true, could he send the den- tist, who was profoundly ignorant of his anaesthetic agent, to administer it in a capital, surgical operation among learned and skilful men, and at the same time advise him how to disguise it so that they might not know what he was using ? He was de- termined to have no secrets with his professional brethren, and that he would tell them all that he had told Dr. Morton ; yet he put Dr. Morton in possession of a convenient means of disguising the agent, and keeping secret the actual discovery. This w^as consistent and right if it were Dr. Morton's discovery ; but a self-contradiction on the instant, almost in the same breath, if it were his own. It is clear to us, that at this time Dr. Jackson did not claim the discovery, but held himself in such position that he might at any moment assert an interest in, or repudiate and condemn it. Sometimes the experiments of Dr. Morton were successful, and Dr. Jackson spoke well of the discovery to a few special friends, as Mr. Hitchcock and Mr. Sumner. Some- times the experiments were unfortunate, as in the case of the cjjaifdler boy supposed to be poisoned, and Dr. Jackson doubted the sue- p. 258. cess of the discovery, and censured Dr. Morton, as in his con- Tersation with Caleb Eddy and Francis Whitman. " On the 16th of October," says the former committee, *^ the first operation was performed in the hospital, at which, as we _ See tes- have already shown. Dr. Jackson did not attend, and at which Jj^^^y ^^ •his name was not known. The second operation at the hospital geons. took place on^ the 17th, Dr. Jackson taking no part in it by his presence or his counsel. Both operations were entirely success- 9S ful, and both conducted on the part of Dr. Mo?ton to the entire satisfaction of the surgeons of the hospital. Eut at thf? time Dr. Jackson's confidence in Dr. 3.Iorton, if he ever did confide irj- him, is wholly gone. He denies, in the conversation Tnth his neighbor and friend, Caleb Eddy, that under the influence of ether the flesh of a patient can be cut without pain ; says Mor- ton ^ is a reckless man for using it as he has ; the chance is he See Caleb -^j^jj ^v\[ somebody yet ;' and in the interval between the 30th of 02qJ' September and about the 2od of October, he declared that he did not care what Morton did with it, or how much Morton advertised, if his own name was aot drawn in with it. '- It would seem that as Dr. Morton acquired eclat by his con- stant success, as he continually and rapidly rose in the estimatiori of other scientific men, he as continually and as rapidly sunk in. the estimation of Dr. Jackson. The evidence of Francis \Vhit- man and Mr. Caleb Eddy show that, prior and up to the 23d of October, Dr. Jackson spoke doubtingly of the eff'ect of ether- and condemned its use ; and there is no proof whateA^er that,, within that time, he lent the slightest countenance to Dr. Morton to sustain the discovery, and all his remarks, except those stated by Mr. Hitchcock to have been made to him on the 2d. and 3d of October, tend to create distrust and destroy confidence both in the operator and the ag^nt used. His favorable mention of it to Dr. Keep occurred after the 26th of October, (the actual date not fixed,) and was accompanied with a strong general charge of ignorance and recklessness against Morton, who was then in the- full tide of successful experiment. This state of facts is, in the opinion of your committee, wholly inconsistent with the assump- tion that Dr. Jackson was the discoverer ; that he had employed Dr. Morton to bring out the discovery, and that the experiments of Morton were tried on the responsibility of Dr. Jackson. '^On the 30th of September, the first successful operation took place. On the 1st of October, Dr. Morton applied to R. H. Eddy,. agent for the patents, to aid him in procuring a patent for the dis- SeeE. covery. Mr. Eddy took the case into consideration, and did not H. Eddv; see Dr. Morton again until the 21sl. In the meantime. Dr. Mor- p. 397. ton's experiments had been attended with the most flattering suc- cess. Two operations had been performed in the hospital to the entire satisfaction of the faculty, and the discovery had acquired a footing in the medical world ; and prior to the 21st, but the pre- cise day is not stated. Dr. Jackson had a conversation with Mr. Eddy, was informed of the application of Dr. Morton for a patent,, and claimed that he had some connexion with Dr. Morton in. making discovery. He called on Dr. Morton on the 23d, and it was then arranged that Dr. Jackson was to have SoOO for the- information he had given Dr. Morton, if ten per cent, on the pro- ceeds of the patent would produce that amount. 99 "This arrangement between the parties, settled by and between themselves, in a private conference, proved by their subsequent conversation with Mr. Eddy, and now denied, shows conclusively the view that each had of his respective participation in the dis- covery. It was, betv/een them both, distinctly a business trans- action — an affair of dollars and cents, and as clearly Dr. Jackson called and introduced the conversation — not to assert his rights to the discovery — not to inquire as to its success, for of this public report had advised him — not to give any advise or caution as to its further use, but to claim a compensation in money for the advice and information he had ^iven to Morton on the 30th of September ; and $500, if ten per cent, on the proceeds of the patent would produce it, was agreed upon as the sum to be paid for that information. This conversation and agreement is entirely consistent with the view" w^e have thus far taken of the case, but it is wholly inexplicable on the ground assumed by Dr. Jackson.'" This agreement being concluded. Dr. Jackson went home, as he himself admits, and charged Dr. Morton -$500 on his books, for the information w^hich he had given him. This is the first entry or pen mark made by Dr. Jackson with regard to this dis- covery, wdiich has come to the knowledge of your committee. It is true Dr. Jackson insists that the arrangement, in pursuance of which the entry w\as made, was obtained from him by the false- hood and subtlety of Dr. Morton. The assertion is easily made, but of little Talue against the contradictory statement of Dr, Mor- ton, and the whole sequence of facts going fully to sustain that statement. A written paper, signed by Dr. Jackson on the 271 h of October, 1846, sustains the arrangement resulting in the entry by Dr. Jackson: but this, also, he attempts to invalidate, on the alleged ground that it v/as altered without his knowledge or con- See Eddy sent by Mr. Eddy, the Patent Solicitor, after he had agreed to ^^^^°* sign it, and before he signed it, and that thus a false paper was palmed upon him. This statement is also wholly unsupported, and at variance with proof and probability. The former committee, in speaking of the conversation testified to by Mr. Eddy, and the arrangement that Dr. Morton should pay Br. Jackson S500, if ten per cent, on the proceeds of sale would amount to it, say: *'But the representations and advice of Mr, Eddy, the common friend of the parties, modified their arrangement. He represented to Dr. Morton that Dr. Jackson, from having given him the infor- mation and advice spoken of on the 30th of September, was en- titled to participate in the patent as a joint discoverer. That if he were not joined in the patent, the fact of his giving that infor- mation would be used to impeach the patent,"and that if Dr. Jackson w^ere joined as a patentee, his name, and his advice and assistance would be useful in bringing out the discovery, and giving it celebrity. With these arguments Dr. Morton was satisfied, and i::0 consented that Dr. Jackson should be named as a joint discoverer in the patent. Mr. Eddv also advij^ed ^\-ith Dr, Jackson, who in- formed him that, 'by the laws of the Massachusetts Medical So- ciety, he would be prevented from joining with Dr. Morton, in taking out'a patent, as he would be expelled from the association if he did so. He further stated that he intended to make a pro- fessional charge of $500 for the advice he had given him, and that Dr. Morton had acceded to this ; that he did not wish his name coupled with Dr. Morton in any manner; that Dr. Morton might take out a patent, if he desired to do so, and do what he pleased with it.' At a subsequent interview, prior to the 27th October, Mr. Eddy urged Dr. Jackson to waive his objections to associating with Dr. Morton, as 'I was confident that he was mistalcen in his views as to what would be the action of the medi- cal association ; that Dr. Morton could not properly take out a patent without him ; and that by joining in the patent, he would, of a certainty, be obtaining credit as a discoverer ; v/hereas, should he not do so, he might lose all credit, as in the case of the mag- netic telegraph, which I understood from Dr. Jackson, he had suggested to Professor Morse.' The objection as to the medical society was removed, on consultation with Dr. Gould. Dr. Jack- son consented to join in the patent, and it w^as agreed that he should have ten per cent, of the proceeds for his interest in it." In settling the question to whom belongs the honor of the dis- covery, it is unimportant whether Dr. Jackson did, or did not desire to give it freely to the world. Such desire, if he had it, did not make the discovery his ; and if it were not in fact his, the desire is without merit. In one point of yiew only, is the patent question and contest relevant, namely : to show what the parties understood of their several rights : nor would we touch upon that, after the above examination of the subject by the former com- mittee of the House, but to add to it another item of evidence. After this controversy had arisen and waxed warm, on the •day of January, 1847, Messrs. Loring & Hays, the counsel for Dr. Jackson, addressed a letter to Dr. Morton, ot which the fol- lowing is an extract : ''It seemed best that the differences between Dr. Jackson and yourself siiould not be made public ; on the contrary, that it should be generally imderstood the difficulties were in the course of adjustment. * ^ * * We have uniformly said, when inquired of, that we Vv^ere making arrangements that we hoped would distribute the profits of the discovery in such a manner that w^ould be satislactory to all parties. '^ Under the present circumstances of the case, we think the least that, in justice to yourselves and Dr. Jackson, you can offer, is twenty-five per cent, of the profits arising from the invention, both at home and abroad, in settlement of his claim upon you. * * 101 " It is our wish to settle the matter amicably, if possible. We hope you will see, by our sug^'estions, that we wish only to have a fair distribution of the profits of a discovery made among those who cannot, if they disagree, effectually sustain the patent : and which, if sustained, promises to give to all parties large sums of money for their united co-operation.^^ The proposition was rejected by Dr. Morton. This transaction shows the view that the parties each entertained, at that time, of his rights in the discovery ; and it does not, in the opinion of your committee, place Dr. Jackson in a favorable position to denounce the patent, in the profits of which he desired thus to participate, as "a?i infamous speculation on human suffer ing.^^ The former committee proceed to say : *^Your committee do not feel that on this question of fact the parties ought to be bound by the legal conclusions of their com- mon friend, Mr. Eddy, or by the papers which they executed in pursuance of his legal advice. But they do consider the commu- nications made by t^hem at the time to Mr. Eddy, the mutual agreement of the parties between themselves as touching the dis- covery, and the tacts admitted by them on the consultation, as matter of the utmost importance and significance. A voluntary agreement took place between the parties on that day, of which both must have understood the full force and effect, and to which neither seems to have been, or probably could have been, impelled by advice or counsel. It was that the whole right to use the discovery under the patent should be and w^as assigned to Dr. Morton, he paying to Dr. Jackson ten per cent, on all sales for licences. '•Your committee cannot here fail to remember the unqualified terms of contempt and reprobation in which Dr. Jackson had, during the preceding part of the month down almost to the very date of this arrangement, spoken of Dr. Morton and his alleged ignorance and recklessness in the use of this agent. They cannot conceive it possible, if he felt himself to be the true discoverer, that he would, by solemn contract, relinquish all power over his discovery, and place it solely in the hands of a man of v,diom he thought so illy. Dr. Jackson indignantly repels the idea that it was done for the purpose of gain ; an<] we think it could not be the case, as the pittance reserved to him, if he conceived himself the discoverer, was so despicably small. And how could he hope to acquire fame by abandoning the; most important discovery of the age ? — one which, if it were his, and if under the auspices of his reputation, with his skill and science, it were presented to the world, could not fail to place him on the highest scientific and professional eminence. How could he hope to acquire fame by thus surrendering all control over the discpvery, and placing it Id tne hanris ci sucli a man as he had representea and stui repre- sevxts Dr. Morton to be ? ** A careful examination of the above detailed acts and conver- sations of the parties, down to the 27th of October, about which it would seem to your committee there coiilJ be no douot, renaers it clear, almost to demonstration, that neither Dr. Jackson nor Dr. Morton, nor any of those who had WiStnessed or aided in the ope- ration, supposed that Dr. Jackson was entitled to the merit of this discovery, or any other merit than that of havins; communicated important infoniLation to Dr. Xorton : and if we trace the conduct of the pa.rties further, this opimon is but confirmed. " On the 7th of November, a capital operation was performed by Rr. Hayward, in the hospital, the patient being under the in- fluence of sulphuric ether, administered by Dr. Morton. Dr. Warren being informed by Dr. Jackson that he suggested the use of sulphuric ether to Dr. Morton, invited him to attend and ad- minister the ether. He declined, for two reasons : one was that he was going out of town: the other, that he couicl not do so con- sistently with his arrangements with Dr. Morton ; so the first capital operation, under the influence of ether, was successfully performed, Dr. Jackson not yet thinking fit ta attend. But in a See testi- commimication published in the Boston Daily Advertiser, of March mony of igf, 1847, he says: 'I v^^as desirous of testino: the ether in a capi- Hayward? ^^^ operation, and Dr. Warren politely consented to have the trial made : and its results proved entirely satisfactory, an amputation having been performed, under the influence of the ethereal vapor, without giving an}' pain to the patient.' It strikes the mind with some surprise that Dr. Jackson should claim this operation as an experiment made by him at his request, and to satisfy himself of the efficacy of the 'ethereal vapor' in a capital operation, when the only connexion v/hich he had with the operation was to de- cline attending it when specially invited. Indeed, so entirely did he omit to inlorm himself on the subject of this experiment, which he declares to be his, that, in the above communication, he names Dr. Warren as the surgeon who performed the operation, which was, in fact, performed by Dr. Hayward. "Another surgical operation was performed at the Eromfield House, on the 21st of November, the ether again administered by Dr. Morton. Dr. Jackson was then present for the first time, on invitation, but merely as a spectator. On the 2d of January, 1847, an operation was performed in the hospital, when Dr. Jack- son attended, and brought with him a bag of oxygen gas to re- lieve the patient from asphyxia, in case it should supervene. Nothing of the kind occurred, and the gas was not used. This is the first and only act of Dr. Jackson's made known to your committee, which implied that he had any duty to perform in the administration of the ether, or that he rested under any responsi- bility as to its efi'ects." 103 Among the papers not heretofore presented. Dr. Jackt!:oTi h?.s braugiu oetore your committee a letter of George T. Dexter, dated December 19, 1851, in which the writer states that Dr. Jackson, in the year 1842, communicated to him his discovery of sulphuric ether as an anaesthetic ag 'nt^ and spoke of it freely, earnesciy, ana ooniidentially, as a in . . oi alleviating much hu- man suffering in surgical operations ; liif t in the winter of 1842, the witness called on Dr. Jackson in his laboratory, who told him he continued his experiments with sulphuric ether, and that it was likely to prove all that he had anticipated, or more. We hear nothing, however, from any other oiiarter, of cor/anued lexpeiiments by i)y. jackson, alter that of the winter of 1841 -'2. •Dr. Jackson himself does not profess to have made any. There is also a letter from D. J. Browne, who says that, in 1845, ■Dr. Jackson stated to him that he had discovered in the vapor of pure sulphuric ether a preventive of pain in surgical operations, and that he spoke of its effects in such operations with enthusi- asm. To both these gentlemen he made his communications in confidence, and no written statement of it appears from either of them until December, 1851, four years after the discovery was a subject of public contest, and not until after the scientific papers had been for nearly as long filled with the statements and evi- dence of the conflicting claimants. Without imputing any wilful aberration from truth to either of the above-named persons, your committee think it but just to remark that their evidence, so far as correctness of memory is concerned, is entitled to much less "weight than it would have been if given while the controversy was fresh and rife, and before full publication. There is certainly great danger that a witness who has read v/ith feelings of par- tiality the mass of evidence exhibited in this controversy, and the conflicting publications of the parties and their friends, will, when he attempts to state a conversation relative to the subject which occurred six or nine years ago, blend with his recollection of it the statements and the evidence which has been four years with it in his mind, and thus cause the one to be colored by or mistaken for the other. For reasons akin to this, the English courts of chancery will not permit a witness to be examined m a ^cause after publication of the evidence. And, in the opinion of your committee, this evidence weighs but as dust in the balance against the evidence growing out of the acts and omissions of Dr. Jackson, which your committee have already considered. Dr. Jackson may have told these persons all that he wrote to M. Elie ^e Beaumont on the 13th of November, 1846, but even this your committee think improbable. He may have repeated in his own person the speculations of Dr. Beddoes and Sir Humphrey Davy, connected with the experiments of Dr. Townsend. Dr. Wells did rthis, and even more. This knowledge of these speculations had 104 become the common possession of the medical mind, a common^ highway, in which it was not disco^^Tery to travel. And it in- volves no improbability to suppose that these persons were mis- taken as to the exact statement that Dr. Jackson made them, and that it is colored and extended in their letters. The last deposition of Dr. N. C. Keep, laid before the former committee of the House shortly before the coming in of their re- port, shows what wild freaks feeling and imagination sometimes plays with human memory. He testifies as follows : " I became associated in the business and practice of dentistry with Dr. Morton on the 28th day of November, in the year 1846. On the next day we were about to prepare an advertisement for publication, when Dr. Augustus A. Gould called at our roomg. Being pressed with business, I requested him to write the adver- tirsment, with which request he complied. After he had written it, which he did at his own house, he brought it to me, and we read it together. In it the discovery of etherization, without any suggestion having been made by me to that effect, was ascribed in explicit terms to Dr. Charles T. Jackson. Dr. Gould, pointing wdth his finger to the words in which this ascription was expressed, said to me 'that will please Jackson.^ I then showed the adver- tisement to Dr. Morton, and we read it together. He then ex- claimed with emphasis, ' that is good ; I like that ; I'll take it to See Dr. the printer.' Copies of the advertisement were made under the Gould, p. direction of Dr. Morton, and, as I suppo,sed at the time, without alteration, and pubRshed by his order in three evening newspa- pers. On seeing the advertisement in the Evening Traveller, on the evening of the same day, I ^vas greatly surprised to find that the words which ascribed the ether discovery to Dr. Jackson had been struck out. The next morning I called the attention of Dr. Morton to the fact, and asked him v/hy he struck out those w^ords. He hesitated, and seemed not to know what to say, when I said to him : 'Morton, why do you quarrel with Jackson ? You in- jure yourself, and injure the cause.' Hie reply was : 'I wouldn't if he would behave himself. The credit of the discovery belongs to Dr. Jackson ; Jackson shall have the credit of it ; I want to make money out of it.' " I stated the foregoing facts to my family on the aforesaid evening, and afterwards to other individuals. I have heretofore declined voluntarily testifying to them, but consider that I have no right, upon a call of euch a nature as is now made upon me, to withhold the testimony. "N. C. KEEP. '^Boston, February 8, 1849." 265, 105 On this the former committee remark : " When this deposition was received, the chairman of your committee showed it to Dr. Morton, who in a few minutes brought to him a bound book entitled 'Miscellaneous Notes.' On the 91st page was a manuscript in the handwriting of Dr.. A. A. Gould, written evidently oa the outside sheet of a letter addressed to Dr. A. A. G., and post-marked * Washington City, D. C, July 9,' from all which it was most manifest that this was the original draft of the advertisement testified to by Dr. Keep. This paper, con- trasted with the evidence of Dr. Keep as- the contents of an ori ginal draft, fixes in the minds of your committee the just value of this species of evidence. The paper is as follows : " ' The subscribers, having associated themselves in the busi- ness of dental surgery, would respectfully invite their friends to call on them at their rooms. No. 19 Tremont Row ; they confi- dently believe that the increased fa^cilities which their united ex- perience will afford them of performing operations with elegance and despatch, and the additional advantage -of having them per- formed without pain, by the use of the fluid recently invented by Doctors Jackson and Morton, will not only meet the wishes of their former patienils, but secure to them additional patronage.' " Your committee also exan>ined the ©riginal paper, which is the subject of the above deposition, and are satisfied that it has never been altered by erasui^e or interlineation since it came from the hands of Dr. Gould. The entire narrative, therefore, of Dr. Keep that the paper originally conceded the whole merit of the discovery to Dr. Jackson, the conversation relating to that, the alteration by Dr. Morton befare publication, the reproof given him by the witness, and Dr. Morton's reply, still insisting that the credit w^as due to Dr. Jackson, and that he should have it, is all shown to be false from begijining to end, the mere creation of an excited imagination. Not an error in regard to the force of terms, as is probably the case in the two former depositions con- sidered above, but a statement which, by a fortunate reference made in it to a written paper, is proved to have no foundation whatsoever in truth. Your committee cannot better present their views of the mass of evidence filed before the former committee of the House than by here embodying in its connexion so much of their report as relates to it. They say : "The testimony of Don P. Wilson and J. E. Hunt, who wxre assistants in Dr. Morton's shop for a few months, commencing in November, 1846, is adduced to impeach the evidence of Leavitt, Spear, and Hayden, by their alleged declarations, and the title of Dr. Morton to the discovery, by his declarations. This is a species of testimony against which the books on evidence espe- 106 cially put uS on our guard, it is a sweeping Kind oi e^^idence j^ whicii covers everything , and if tbs impiitsd conversation be V'^i- m vate. or if it be ger^era!, (as ae ^-ofcen said,-' or ^'always said,") ■ it is often difficait to subject the evidence to the ordinary tests of * surrounding circumstances and inherent probability, so as to fix its value. There is enough, however, in these depositions to show that they ara of out iime weignr. It is to be remembered, in the first place, that they are in direct contradiction to the testimony of Whitman, Spear, Leavitt, and Hayden, and they contradict by strong implication the testimony of Mr. Metcalf and jSIr. Wight- man, the character of all and each of whom is most satisfactorily vouched. The testimony of these two witnesses cannot be true, unless the first four above named entered ii:tc a conspiracy to carry a pomt oy perjury ; but, as to them, we have examined their evidence — we have tested it by its agreement with surrounding circumstances, and we are satisfied of its truth. "This of itself would be enough to dispose of the testimony of Wilson and Hunt ; but it is proper to look at the inherent char- acter of their evidence. "Wilson, in the commeficement of his depcjsition, swears, by way of recital, that Dr. Charles T. Jackson was the discoverer of the application of ether to produce insensibility to pain in surgical :\Ir. Mor- operations : and, among other things, he says, ' Morton first tT ^Weilst c/«^^'^^?^^ ^^^e discovery to be his cum,' in February, 1847. To say Oct. 19^ nothing of the looseness and total want of caution with which 1846, p. the fact of the discovery is stated — a fact of which Mr. Wilson ^' certainly had no knowledge whatever — he testifies directly against the recorded fact in the secosd particular, for Dr. Morton did claim the discovery as early as September 30, 1846, and his claim was given to the world the next daj^ in the public prints. His claim, and his alone, was known to the surgeons of the hospital during the month of October, and his public circulars and the numerous ansv/ers to them, which he has exhibited to the com- mittee, show that during all that time, and at all times, he claimed the discovery publicly and to the world as his own. The witness goes on to say: 'In the administration of the ether I was guided by and solely relied tipon the advice and assurances of Dr. Jack- See Dr. son, received through Morton. We never dared to follow Mor- ^°2fir'. ^* ^^'^'^ <^'''^ directions, — aiid adds that, if they had, the conse- Also 'di. quences would probably have beon fatal and etherization a failure. Bigelow And further, that he never knew Morton ' to apply it to a patient and others. ^-^^ ^^g ojice. This was from a most apparent fear and shunning of responsibility.' " Now as to the ad^ace and assurances of Dr. Jackson^ alleged to have been received from time to time through Dr. Morton, we Lave no reason to suppose that any such repeated intercourse and communication took place daring that time, and we have no eri- 107 cenct Ox the sct^ihl fact ot anv sui ^^ meeting and instructions. On the contrary, there is evidencf o. iiKind iselmgs existing on Dr. Jackson's part towards Dr. Morton ; and in the opinion ot your committee the testimoiiy of Dr. Keep indirectly contradicts the testimony of Wilson on that point, and directly upon each of the other points last named. Dr. Keep's object and the tendency of his evidence is to depreciate Dr. Moi'ton ; but for faults the very reverse of those with which he is charged by Wilson, namely, a ^ rasii, rec/clessness,' instead of "^ <3 most Tnanif est fear of respon- sibility,'' m administering the ether ; and he evidently is impressed with the belief, and designs to let it be known, that the success of etherization depended upon his skill and prudence. He says, 'it was his {Morton's) practice during that time to administer Seetesti- ihe ether Y\dthout any adequate provision for the admission of at-^^^^^^*^® mospheric air ,' and lohenever operations were 'performed hy other persons in the office, and under his supervision, he directed the application in the same way, in consequence of which many of the operations were unsuccessful, and great distress and suffering were induced.' Dr. Keep then st^es that he' made ample provi- sion for the admission of atmospheric air, and advised the assist- ants to do the same thing; but 'they being influenced by his (Morton's) directions and knov^^n wishes, did not at all times fol- low my advice.' Not a word is said by Dr. Keep of any advice or directions coming from Dr. Jackson, which, if it had actually occurred, must have been known to him, and would have formed an important item in the current incidents of the time. The evi- dence of these tvvo witnesses stand thus : They were in the office of Dr. Morton, during the same * thirty days,' Keep the superior, Wilson the assistant. Keep says Dr. Morton vvas in the habit of administering the ether in a particular manner, and that he was rash and reckless. Wilson says that lie never administered it at all, and that he was timid and shrank from responsibility. But the surgeons of the hospital agree with neither one nor the other, but show that he repeatedly administered it in the hospital him- self, to their entire satisfaction, and v/ith entire success. Wilson says the assistants in the office would not follow the directions of Dr. Morton, but relied upon such as were brought from Dr. Jack son. Keep says nothing about instructions fi^om Dr. Jackson, but that the assistants in the office were influenced by Wiiq direc- tions and known wishes of Dr. Morton, so that his salutary advice and remonstrances were often of no avail. Wilson says Dr. Mor- ton explained to him, an assistant in his office, very fully all the particulars of the discovery and patent; but to Dr. Keep, his partner, he extended no such confidence. We leave these two depositions to be viewed in their strong contrast ; and as to the testimony of Don P. Wilson, considering its inherent improbabi- lity, the suspicious nature of tJie species of testimony to which it 108 "belongs, the manner in which it is contradicted ^irectly and in- directly by the evidence of Dr.. Keep ; and when we further con- sider that it is directly opposed to the evidence of Whitman, Spear, Leavitt, and Dr. Hayden, and indirectly to that of Metcalf and Wightman ; and that it is also in direct conflict with numer- ous public printed cards and notices of the day, we feel that we cannot give it the slightest weight or consideration. "The testimony of John E. Hunt is subject to the same objec- tions with those of Don P. Wilson, and other objections which your committee will now proceed to notice. In order to bring out a declaration on the part of Spear, that he had never taken the ether, he represents him as taking it one evening, and in the ex- citement produeed by it, seizing upon a countryman present, and handling him roughly. The apology which Spear makes to the countryman is, Hhis was the first time he had ever taken the ether;' not that it was the first time ether so affected him, or that the rudeness was committed under the influence of ether, but that it was the first tim.e he hiu\ ev# taken the ether — a fact which had little to do with the act of rudeness, and was a most irrelevant apology. But the inquiry thereupon made by Mr. Hunt is most remarkably inconsequent ; he having heard Spear say that it was the first time he had ever taken ether, asks him if it *ever affected him in the same way before.' Now, if he had been pressing Spear with a cros.s examination, in order to entrap him in some important admission, the inquiry might, perhaps, have been made ; but it was the7i a matter of no importance whatever whether Spear had breathed the vapor of ether or not, and it becomes in the highest degree improbable that both branches of the conver- sation, so inconsistent with each other, actually occurred ; and as the statement contradicts the testimony of so many respectable witnesses, and is in itself improbable, your committee do not feel bound to give it credence. Again : in a Vvalk vnih Spear, Hunt gets from him a full disclosure of the discovery, and a statement that it belonged to Dr. Jackson. According to this. Dr. Morton got the requisite information and instructions from Dr. Jackson ; came home; tried it on a woman, and it ic or ked first-rate ; and he had since then continued to use it under the directions of Dr. Jackson. The evidence shows that Spear well knew that the experiment was not tried on a woman, but on a mail, whose cer- tificate was read next day by hundreds in the city of Boston. But the witness evidently took this part of the story from the narrative of Don P. Wilson (whose deposition was taken on the same day) about the refractory female patient named in the con- versation with Dr. Jackson on the oOth of September, who was to be cheated with atmospheric air, administered from a gas-bag. "From among the thousands with whom Dr. Morton conamu- nicated, touching this discovery, during the winter of 1846 and iS47, some, six or seven, with whom he had personal- controver- sies, testify to his admissions that he Wd.s not the discoverer. They differ as to the degrees of directness and fullness with which he opened the matter to them, but it will be found, as your com- mittee beheve, to be a rule in this caste, having no exception, that the more violent the hostility of the individual, the more fiercely he assailed Dr. Morton's patent, the more free Morton became in his communication, and the more fully did be unbosom himself; and his statements always went directly to defeat his own claims, and support the defence of the opponent to v/kom he made it. For example, H. S. Payne says Hhat, in the early part of Decem- ber, 1846, he commenced applying the vapor of ether to produce insensibility to pain in surgical operations. This was after I had heard of the discovery of the preparation by Charles T. Jackson, of the city of Boston.' He then states that Dr. Clarke purchased of Dr. Morton a right, under the patent, tor Rensselaer and sev- eral adjoining counties, v/ho sold to Dr. Eordell ; and Dr. Payne was notified by Dr. Biake, as the agent of Dr. Morton, to aban- don the use of ether in his practice. After failing in an attempt at negotiation with Dr. Bordell, he went to Boston and had an interview with Dr. Morton, who not once only, but repeatedly, declared that Dr. Jackson was the sole discoverer : Hhat ail the knowledge he possessed in relation to its properties and applica- tion came from Dr. Jackson, and that he never had any idea of applying sulphuric ether, or that sulphuric ether could be applied for the aforesaid purposes, until Dr. Jackson had suggested it to him, and had given him full instructions.' This most frank com- munication raises at once a difficulty about the patent, which is obviously void, if that statement be true ; and Dr. Morton attempts to remove it by saying ^that he had been very fortunate in affect- ing an arrangement with Dr. Jackson before any one else had the opportunity, and that he was the first man to whom Dr. Jackson communicated the discovery.' And he adds: 'Dr. Morton again and again said that he was not in any way the discoverer of the new application of ether, but that the idea had been first communicated to himby Dr. Jackson, toho was its discoverer, and that his (Dr. Morton^ s) interest in the patent was merely a pur- chased one ; and, moreover, that he vms very lucky in anticipa- ting all other persons by first receiving so precious a discovery from the lips of Dr. Jackson.'' "After seeing the fullness and unreserved character of this im- portant conversation, and the apparent earnestness with which Dr. Morton attempts to impress the fact that he had no participation whatever in the discovery, not satisfied with sufferijig it to escape him inadvertently or even stating it once, but repeating it 'again' and 'again,' as if he were anxious to impress it, one could not but be surprised to know that Dr. Payne, before this conversation, 110 had pirated this discovery; had set up for himself; bade defiance to Dr. Morton and his assignees ; and on his return home, publish- ed a card, in which he by no means denies that Dr. Morton dis- covered the thing which he and his assignees are using, but aver- ring that his (Dr. Payne's) anodyne vapor, which in his affidavit he admits to be sulphuric ether, 'ie not the invention of the great Dr. Morton, but an entirely superior article, and all persons must beware how they infringe on his rights.' And the more especial- ly is it surprising v/hen we reflect that this state of facts, which T)y. Morten took such unusual pains to repeat and to impress upon this his most determined opponent, w^ould, if true, render the patent v'aited till his return to Boston, and then to have held a private conver- sation vrith Dr. Morton, who at once and eagerly admitted away his whole claim, both to money and reputation. *'It is remarkable that, in more than three months, during all which thime these witnesses say Dr. Morton conceded to Dr. Jackson the merit of being the 'sole discoverer,' during all which time he was daily writing and almost daily publishing, there is not produced one line written by Dr. Morton, or written to him, countenancing the idea ; nor is there one act of his which looks to such admission. A written admission, or an ambiguous para- graph in waiting, w^hich could be fairly construed into an admis- sion, or a letter written to him during that time, which could be reasonably construed to refer to such admission, would be tenfold the value of all the parol testimony now presented, of those ad- missions. Dr. Morton has shown to the committee several bound volumes of letters addressed to him upon this subject, all of which recognize him as the discoverer. Yiewing these state- ments in this point of light, comparing them with the printed and published papers,* in whieh Dr. Morton contemporaneously and continually asserted his claims to the discovery, and finding them opposed, as they are, to the well-settled facts of the case already considered, they weigh, in our opinion, as dust in the balance, and in no wise affect the Vv'ell settled facts of the case."t * " To the public. — Dr. Morton, surgeon dentist, l^o. 19 Tremo-nt rovr, Bos- ton, liereby gives public notice that letters patent liaye been granted Mm by the government of the United States for his improvement, whereby pain may be prevented in dental and surgical operations."' — Boston Evening Transcript^ November 20, 1846. ^^ Important information for the pullic at large. — I do hereby give this public notice, and warn all persons against using my invention.''^ "I am particularly desirous that my invention, should not be abused or intrusted to ignorant or im- proper hands, or applied to nefarious purposes." "]\ew York Express, Balti- more Patriot, United States (Philadelphia) Gazette, will please insert the above twice every week for four weeks, and send their bills to this office." In same faper December 4, 1846. t In answer to a communication by Dr. J. F. Flagg, in which he threatens to take possession of the invention, and in which he attributes the credit of it, if there was any, to Dr. C. T. Jackson, Dr. Morton says: "Unless he can show — and I do not know anybody else that can — that (to use his own words) it has been known and published for some years that the vapor of sulphuric ether would produce the visible effects now said to be discovered, then the invention is original." — Bosto-n Evejiing Transcript, December 10, 1846. In a letter frcm Dr. TTells (Bosten Post, April, 1847,) he makes the following extract from Dr. Morton's letter to him in the early part of October, 1846 : "The letter which is thus introduced with my signature, was written in answer to one which I received from Dr. Morton, who represeneed to me that he had discovered a compound." 115 It may not be irrevelent to remark that there is not, in all this mass of depositions and letters, any contemporaneous written pa- per supporting Dr. Jackson's claim to the discovery, or impugning i)r. Morton's — all is parol. Declarations made by Dr. Jackson asserting the claim, and declarations made by Dr. Morton, even in the heat of the controversy, to his most violent enemies, aban- doning his claims and surrendering them to Dr. Jackson. But no written paper sustaining either. And where in two in- stances the statement of Dr. Jackson touches a paper v^ritten or signed by himself, he repudiates them as false, and as obtained by circumvention and fraud ; because, if true, they disprove his claim. And in the instances in which the testimony of his wit- nesses, tending the admissions and abandonment of Dr. Morton, can be directly tested by written papers, they are thereby in every instance proved to be false. Your committee consider that spe- cies of parol evidence, made up of alleged declarations of the parties merely, unsupported by a single written paper, but con- tradicted by every thing in writing which they touch, entitled to no weight w^iatever, against the well knov/n and fully admitted acts of the parties in this case. Of Dr. Jackson's acts, while the surgeons of the principal curative institution in New England — the Massachusetts General Hospital — were applying the critical test to a discovery which he now claims as his own, the committee have before them new evidence in the tollowing letter, upon wl;ich they forbear to com- ment farther than to remark how decidedly it confirms the con- clusions at which they have already arrived. Dr. Henry J. BigeJow, Professor in Harvard University, and Surgeon in the Massachusetts General Hospital, in answer to a let- ter of the RoiT, Geo. T. Davis, says: Boston, February 5, 1852. Dear Sir : I beg to acknowledge the receipt of your letter, dated January 21, addressed to Dr. Hayward, Dr. Townsend, and myself, and containing the followijQg extract from a written re- monstrance of Dr. Charles T. Jackson, which has been laid be- fore a committee of the House of Representatives : **Th£ cause of asphyxia, so commonly produced in the early administration of ether at the Massachusetts General Hospital, I traced directly to the employment of those valved inhalers. In the weakened state of respiratory action, under anaesthetic agents, the valves are not raised in attempts to breathe, and the patient is drowned by the pure ether or chloroform vapor. On the re- moval of the valve by my directions, asphyxia at once ceased to occur at the hospital, and I had no occasion to employ the oxy- 116 gen gas to revive the patients, as I was requested to do by one of the eminent surgeons of that institution ; for no asphyxia hap- pened after my advice was followed, to throw aside the inhalers and use a sponge." In detailing as you request "a precise recollection of facts upon these points so far ^-^^s they fell under my personal observation," I may say that, to the best of my knowledge, being very familiar with those early experiments at the hospital, generally administer- ing the ether myself: 1st. There was no more asphyxia then, from ether, than there is now. 2d. There was certainly no period at which asphyxia at once ceased to occur at the hospital. 3d. This alleged asphyxia had little or no connexion with any Talves. 4th. I never heard that any valves were suppressed, nor that Dr. Jackson suppressed them. 5th. Asphyxia, as it then occurred, was of no great importance, and was dependent upon the same causes w^hich sometimes pro- duce it now. 6th. When Dr. Jackson brought oxygen gas to the hospital, nobody required it; it was not used, nor has it been, to my knowledge, anywhere since used in this connexion. In reply to your inquiry how far Dr. Jackson personally super- intended the earl}' administration of ether at the hospital, I answer not at all. He not only exercised no superintendence at the hos- pital, assumed no responsibility, but actually did not come there for more than tvro months after ether was regularly in use in that institution.* I will venture to allude to another point, which is of no im- portance to anybody but myself. Yet it directly concerns me, and I should be glad of an opportunity to refer to it, in order to refute certain statements of Dr. Jackson. In a part of his "re- monstrance," Dr. Jackson uses, as I am informed, the following words : "The fev/ medical gentlemen, or young sur^jeons, connected with the hospital, who have not fully recognized my rights in this discovery, are, I lament to say it, anxious to obtain a larger share of the glory than rightfully belongs to them; and one of themf * h * * * * " Dr. H. J. Bigelow very distinctly claims the honor of being the first to promulgate this great discovery, the first to make the profession acquainted with it, he having stealthily published my discovery before I wa« ready to lay it before the public, and while * See Dr. Townsend, p. o5o. f A. part of the argument here is a little loose and is omitted. 117 I was temporarily absent from the city, by reading an account of it before two societies of which I was, and am now, a member — the Boston Society for Medical Improvement and the American Academy of Arts and Sciences — and afterwards published his? paper in the Eoston Medical and Surgical Journal, against my solemn protest and denunciation of it as false, unjust, and quack- ish. In that paper, a copy of the journal containing which I send to you, please observe that the nature ol the agent used is carefully concealed, and hence it is a mere quack advertisement." The paDer above alluded to was the first paper upon the newly discovered effects of ether. It was intended by Dr. Morton, and did happen to be the instrument by w^hich the discovery was an- nounced to the profession and the world at large, both in this country, where it was attacked by the incredulous, and in Europe, where it was widely reprinted. This paper,* to quote a contemporary publication, was intended to be a narration of physiological facts observed by myself, with a few concluding remarks connected with the patent right. It w^as published more than five years ago, and those objections of Dr. Jackson's are now to me altogether new, and I believe they are also new to everybody else. It will only be necessary to state in reply : 1st. That Dr. Jack- son could not at that time, for the want of the requisite facts, have himself written this physiological paper. In fact that nothing but his present assertion shows that he had either the in- tention or desire to do it, and that there was no reason whatever either to consult him either in leading or vmting tlie paper^ or to suppose that lie wished to be consulted. 2d. That he read the paper before it w^as printed, and assented to its publication in print. 1, One thing is very striking. Dr. Jackson never sav/ a single surgical or dental operation with ether until long after it was a confirmed discovery, and until weeks, if not njonths, after this paper v/as printed. As this paper was an account of the new physiological effects of ether, observed in Dr, Morton's and other experiments. Dr. Jackson, who saw none of these experiments, would have been unable to have made any coramunication to a society upon this point, even it he had wished to, fo>r the simple reason that for two months he had not the requisite mnterials, but nobody will now believe that he wished to make any such communication ; he had, according to his own statement, kept the matter from the public for years, and we may reasonably infer that he would have done so till this day, if the disclosure had been left to him. And it is well known that lie kept aloof for a long time from any public connexion Avith Dr. Morton or * Boston Medical and Surgical Journal, Deceml>er, 1846. 118 with ether, while physiological j^apers were written by the dozen by other people, without any objection on his part. I should have been certainly most happy to have consulted Dr. Jackson, had I any idea that, as he now pretends, he desired it ; but even if I had done so, it is plain that he could have given me Ro information upon the subject which was under investigation, for he had no control whatever over Dr. Morton's experiments — he had never seen them, nor had he any authority to make use of them, if he had seen them. The paper alluded to was not de- signed to promulgate old theory nor the suspicions of two years' standing, which Dr. Jackson claims, but new facts, and for these I applied to Dr. Morton. He instltuied the experiments ; he had their sole control ; he took the responsibility of them, while Dr. Jackson kept out of the way. The application of ether for anesthetic purposes, w^^s at that time supposed by everybody to be wholly in the hands of Dr. Morton. Dr. Morton, through the intervention of a friend of his, who was also a iriend of my own, allowed me to take notes of these experiments for publication, and as far as I know, I was the first person not connected with Dr. Morton's office, except Dr. Gould, who saw these experiments. As to Dr. Jackson's knowledge of the cases at the hospital, which are also detailed in my paper, Dr. Jackson did not come there till January 2, of the year after they occurred. 2. When this paper was to be printed, a new element was to be introduced into it, at the request of Dr. Morton ; the question of patent, a delicate subject already mooted by the interested parties, and about which it was obviously proper that Dr. Jackson, who w\as interested in it, should be consulted. Though he might not care who prosecuted or announced the physiological experiments, the matter of patent was plainly a different question. I therefore sought an interview with Dr. Jackson, at his house, several times. Failing to find him, I left for hin» a verbal request that he would be present at a final conference at the house of Dr. Gould, where the paper was to be finally considered and adjusted before being printed ; especially the few closing paragraphs, then for the first time appended to it, and relating to the question of patent. During this conxcrence, the door was flung open, and Dr. Jack- son entered, declaiming vociferously. He was quietly asked what might be the occasion of his excitement : and was requested to read the paper then upon the table, and under discussion, and to see whether he did or did not approve it. Dr. Jackson examined the paper, and finding it to be of a strictly physiological character, touching very lightly the questions of patent and of discovery, he changed his tone, ceased to object, requested one or more al- terations of the part bearing upon these latter questions, especially 119 the suppression of a paper relating to the electric telegraph, a7id assented to the publication of the paper. This took place at the house of Dr. Gould, in Tremont street, on Sunday evening, three days before the publication referred to, and in the presence of Dr. Gould, Mr. Eddy, and Dr. Morton. Dr. Jackson assented to the publication of the paper as it then stood, and the conference was amicably terminated. This statement, together with the accompanying letters of Dr. Gould and Mr. Eddy, stating their recollection of the facts, may be compared with the above extract from Dr. .Jackson's remon- strance. I have the honor to be, very resDectfully, your obedient servant, HENRY J. BIGELOW. Dr. Gould's letter referred to in the above : Boston, July 14, 1852. Dr. H. J. BiGELov/ : Dear Sir. : In answer to your inquiry respecting my recollec- tion of a certain interview at my house between yourself and Dr. C. T. Jackson, and of the impression I received at the time, I w^ould reply that I distinctly recollect the interview alluded to. The article you were about to publish was submitted to Dr. Jack- son, and the latter part, at least, where alone any objectionable expressions were supposed to lie, was read by him, after which I received no other impressions than that he found nothing to ob- ject to. One passage was excluded, which it w^as thought might have some bearing on the question of discovery, and I think at his suggestion. Yours truly, AUGUSTUS A, GOULD. Mr. Eddy's letter referred to in Dr. Bigelow's letter : Boston, July 12, 1852. Dr. H. J. BiGELow : Dear Sir : In reply to your request to me to state what I recollect in relation to a conference you had with Dr. C. T. Jackson one Sunday evening at the house of Dr. A. A. Gould, and on the subject of a paper you was preparing for publication in the Boston Medical Journal, which paper was subsequently, within a few days after, published, and treated of the recent dis- covery of the application of ether to annul pain in surgical ope- rations, I would remark that I was present at such interview, that the article you had proposed w^as exhibited to Dr. Jackson, who carefully examined it, and after suggesting, or there having been suggested, some trifling changes in it, he expressed his entire 120 satisfaction with it, and willingness that it should be published. I afterwards read the article as it appeaj-ed in the Medical Jour- nal, and so far as my recollection serves me, I perceived nothing- in it differing from what it was decided to be satisfactory to Dr, Jackson on the said evening. Yours respectfully, R. H. EDDY. Dr. Jackson, in his letter to Baron Von Humboldt, says : " I at once appealed to the public, destroyed the bond givea me by Mr. Morton, and made the use of ether in surgical opera- tions free to all mankind.'^ The transaction of destroying the bond is somew^hat ludicrous. On the morning of the 26th May, 1847, more than five months after the patent had been taken out, after it had for some time become unavailable, and Dr. Morton had lost a good deal of money by it, Dr. Gay called at Dr. Morton's office, with a young gentleman in his company, and somewhat dramatically cancelled the bond. This was the bond that secured to Dr. Jackson ten per cent, on the net profits of the American patent. On the same day, the anniversary of the Massachusetts Medical Society took place, and at the dinner, in the afternoon. Dr. Jackson made a speech, in which he claimed to have been entirely disinterested in his connection with the discovery, and said he had destroyed the bond. He did not say that he had destroyed it that morning,, just in season for the speech ; but we are permitted to infer that it was destroyed at a time when it had some value. The inconsistency between these late claims for disinterested- ness on the part of Dr. Jackson, and his unremitted efforts to ob- tain the utmost possible pecuniary advantage from the discovery, so long as there was any chance of its being profitable, is appa- rent to all. So long as the discovery was under test, and its result was un- certain. Dr. Jackson is unseen and unheard. When it became evident, from the two experiments at the hospital, that the dis- covery was of value, at the close of October, Dr. Jackson first appears, and then only for the purpose of claiming compensation of Dr. Morton for professional advice. He accepts five hundred dollars. His friend obtains for him ten per cent, of the net profits of the American patent. He next refuses to sign the European papers without receiving ten per cent, on the foreign patents. From this he rises to twenty per cent., and on the 28th of Janu- ary he claims "twenty-five per cent., both at home and abroad, as the least that in justice " can be offered him ; and his counsel, of course with his sanction, speaks of the patent as one which, "if sustained, promises to give to all parties large sums of money for their united co-operation." He opens negotiations with Dr. Mor- 121 iton, through Mr. Hayes, for obtaining a joint patent in France, by the instrumentality of M. de Eeaumont, whose letters to Dr. Jackson on this point were shown to Dr. Morton. After all hope of pecuniary benefit from the patent is at an end, he cancels the bond, and, with a strange forgetfulness of all his previous conduct, comes out in the character of one who disdains pecuniary com- pensation. Not only so, but he seems determined that Dr. Mor- ton shall receive no compensation. On the 20th November, 1847, the physicians and surgeons of the hospital (with one exception) prepared a memorial to Congress, setting forth the importance of this discovery, and praying the government to make a payment "to those persons who shall be found, on investigation, to merit compensation," on condition that the patent be given up. Know- ing that this would result in an official inquiry into the discovery, Dr. Morton promoted it to the utmost of his power. Dr. Jack- son, on the other hand, remonstrated against it, on the professed ground that he would submit his claims to no tribunal, and that^ as the sole discoverer, he wished no reward beyond the grati- tude of mankind. It is well known that an effort was made in London, by sub- scription, for a donation to the discoverer of the effects of ether. Ey letters to gentlemen in this country from friends in London, we are informed that a sum, estimated at £10,000, was considered as secured. But the controversy and doubt created by Dr. Jack- son's communications to the French Academy caused it to be abandoned. Dr. Jackson speaks of Dr. Morton in terms of great bitterness. He assails his private character, declaring that it is infamous, and that in knowledge and intellect he is an ignoramus and an imbe- cile, not only not possessed of science, but mentally incapable of acquiring it ; and that, while administering his anesthetic vapor to the patients at the hospital, he was offensive to the faculty by reason of ignorance and quackery. Much of his letter to Baron Yon Humboldt, which he has filed before your committee as his answer, for this reason would not be suffered to remain on the files of the court of chancery, but would be stricken out for scan- dal and impertinenoe. Your committee utterly refused, as stated above, to receive evidence of general character, or ol particular accusation or defence for or against either of the parties, not relevant to the issue. But, as the charges advanced by Dr. Jack- son against Dr. Morton, in the letter above, must remain on the files of the House and be printed with the proceedings of the com- mittee, they deem it but just to say that these charges are not only not supported by, but are utterly inconsistent with, the cur- rent proofs in this case. And they think it proper to refer to the letters, herewith published, of Drs. Warren, Hayward, Bigelow, and Townsend, surgeons of the Massachusetts? General Hospital, for conclusive evidence of his capability to conduct the experi- 122 ments ; to the following testimonial by the trustees of that insti- tution, for the estimation in v/hich they and the public generally held his services ; to the certificates and diploma for medical quahficatior^ on pages 19, 20, and to the letters- from two of the Ex-Governors of his State and the I\iayor of the city in which he resides, for the estimation in which he is held at home : "Boston, May 12, 1848. " Dear Sir : At a meeting of the Board of Trustees of the Massachusetts General Hospital, a few weeks since, it was infor- mally suggested that a limited subscription of one thousand dollars shall be raised for your benefit, in acknowledgment of your ser- vices in the late ether discovery ; no one to be asked to subscribe more than ten dollars. We consented to act as a committee to receive and apply the proceeds of this subscription. The pro- posed sum having been obtained, we have novr the pleasure of transmitting it to you. We also enclose the subscription book in a casket which accompanies this note. Among its signatures you will find the names of not a few of those most distinguished among us for vv^orth and intelligence : and it may f)e remarked, that it is signed by every member of the Board of Trustees. " You wdll, w^e are sure, highly value this first testimonial, slight as it is, of the gratitude of your fellow-citizens. That you may hereafter receive an adequate national reward is the sincere wish of your obedient servants, " SAMUEL FROTHINGHAM, " THOMAS B. CURTIS. " To Dr. Wm. T. G. Morton." The box accompanying this note had upon it the following in- scription : in front, " Testimonial in honor of the Ether Discovery of Sept. 30, 1846 ; " and on the lid, " This box, containing one thousand dollars, is presented to William Thomas Green Morton by the members of the Board of Trustees of the Massachusetts General Hospital and other citizens of Boston, May 8, 1848." Letter from Governor Briggs. " Council Chamber, Boston, Jan. 12, 1849. ''Dear Corv/in : Allow" me to introduce to your acquaintance Dr. Morton, of this city, whose name the world knows as the dis- coverer of the application of ether to alleviate pain. An appli* cation to Congress for some compensation for the discovery is to be made. May I ask you, for the doctor, who thus far, though 123 he has relieved thousands of others from suffering, has had nothing but suffering himself as his reward, to look at bis case, and if you iind it has merits, give it your support. "Sincerely and truly yours, "GEO. N. BRIGGS. "Hon. Thos. Corwin." Letter from Governor Morton. "Boston, January 12, 1849. "Dear Sir : I am happy to have the opportunity of present- ing to your acquaintance Dr. W. T. G. Morton, of this city. Dr. M., who by reputation is doubtless known to you, has the distinction to have his name identified with one of the most im- portant discoveries of modern times — the application of ether as an agent for producing insensibility to pain in surgical operations. His object, as I understand, m visiting Washington at this time is to endeavor to procure from Congress some recognition of the value of his discovery. I beg leave to recommend him to your kind attention. "' I am, very respectfully, your friend and servant, MARCUS MORTON. ^^To Hon. Thos. H. Benton." Letter from Mayor Bigelow. " Boston, December 9, 1848. " Sir : I avail myself of the honor which I had of makifig your acquaintance ]ast season, during your visit to Boston, to in- troduce to you my friend. Dr. Morton, the discoverer of the effect of ether in producing insensibility to pain, a discovery which has placed him in the front rank of the benefactors of the human race. He visits Washington in the hope of obtaining some re- cognition on the part of Congress of the value of his discovery, and has already secured the favorable consideration of some of the members. Your assistance in the matter would be in keeping with your well known and enlightened philanthropy, and would be gratefully appreciated. *"' I have the honor to be, very respectfully, your obedient servant, "JOHN P. BIGELOW. ^'Hon. Isaac E. Holmes." 124 The claim in behalf of Dr. Wells rests on his experiments with nitrous oxide, referred to by your committee in the -early part of their report. He had the merit of attempting to carry out prac- tically the idea suggested by Sir Humphrey Davy, of rendering, by its influence, a patient insensible to pain in a surgical opera- tion. He has also undoubtedly the merit of having contributed something in directing the mind of Dr. Morton to the subject, and thus aided in conferring this great boon upon mankind. Origin- ally he did not claim for himself the honor of the discovery, but merely of the attempt, which he admitted to have been fruitless. The letter of Dr. Morton announcing his discovery and the reply of Dr. Wells, together with the letter of R. H. Eddy, dated February 17, 1847, prove this. They are as follows : " Boston, October 19, 1846. " Friend Wells — Dear Sir : T write to inform you that I have discovered a preparation, by inhaling which, a person is thrown into a sound sleep. The time required to produce sleep is only a few moments, and the time in which persons remain asleep can be regulated at pleasure. While in this state the se- verest surgical or dental operations may be performed, the pa- tient not experiencing the slightest pain. I have perfected it, and am now about sending out agents to dispose of the right to use it. I will dispose of a right to an individual to use it in his own practice alone, or for a town, county, or State. My object in writing to you is to know if you would not like to visit New York and other cities, and dispose of rights upon shares. I have used the compound in more than one hundred aad sixty cases in extracting teeth, and I have been invited to administer to patients in the Massachusetts General Hospital, and have succeeded in. every case. " The Professors, Warren and Hay ward, have given me written certificates to this effect. I have administered it at the hospital in the presence of the students and physicians — the room for op- erations being as full as possible. For further particulars I will refer you to extracts from the daily journals of this city, w^hich I forv/ard to you. " Respectfully yours, "WM. T.G.MORTON." "Hahtford, Connecticut, October 20, 1846. " Dr. Morton — Dear Sir : Your letter dated yesterday, is; just received, and I hasten to answer it, for fear you will adopt a method in disposing of your rights, which will defeat your object- Before you make any arrangements whatever, I wish to see you. I think I will be in Boston the first of next week — probably Mon- 125 day night. If the operation of administering the gas is not at- tended with too much trouble, and will produce the effect you state, it will, undoubtedly, be a fortune to you, provided it is rightly managed. " Yours, in haste, ''H.WELLS." " BosTOi^, February 17, 1847. " R. H. Dana, Esq. — Bear Sir : In reply to your note of this morning, I have to state that about the time I was .engaged in preparing the papers for the procurai of the patent, in the United States, on the discovery of Dr. Morton, for preventing pain in surgical operations, by the inhalation of the vapor of sulphuric ether, I was requested by Dr. Morton to call at his .oifice to have an interview with the late Dr. Horace Weils, who was then on a visit to this city, and who. Dr. Mor.ton thought, might be able to render him valuable advice and assistance in regard to the mode of disposing of privileges to use the discovery. Accordingly I liad an interview w^ith Dr. Wells. During such meeting w^e con- versed freely on the discovery and in relation to the experiments Dr. Wells had beenv/itness to in the office of Dr. Morton. The details of our conversation I do not recollect sufficiently to at- tempt to relate them, but the whole of it, and the manner of Dr. Wells at the time, led me, in no respect, to any suspicion that he (Dr. Wells) had ever before been aware of the then discovered effect of ether in annulling pain during a surgical operation. Dr. Wells doubted the ability of Dr. Morton to procure a patent, not on the ground that he (Dr. Morton) was not the first and original discoverer, but that he (Dr. Wells) believed the discovery was not a legal subject for a patent. He advised him, however, to make application for one, and to dispose of as many licenses as he could while such application might be pending ; in fact, to make as much money out of the discovery as he could while the excitement in regard to it might last. I must confess that when, some time afterwards, I heard of the pretensions of Dr. Wells to be considered the discoverer of the aforementioned effect of ether, I was struck with great surprise, for his whole conversation with me at the time of our interview, led me to the belief that he fully and entirely recognized the discovery to have been made by Dr. Morton, or at least partly by him and partly by Dr. C. T. Jack- son, as I then supposed. " Respectfully yours, " R. PL EDDY.*' 126 The evidence presented with Dr. Wells' claim, shows that den- tal operations were in several instances performed without pain by Dr. Wells, under the influence of nitrous oxide, which had been before known in some cases to produce a total or partial asphyxia. It appears also that the vapor of sulphuric ether was thought of, discussed, and finally rejected by him — while the total abandon- ment of the use of nitrous oxide, and indeed of every other agent, shows that Dr. Wells' experiments were, on the whole, unsuccess- ful. He engaged in the search and failed to find the object of his pursuit. He attempted and endeavored assiduously to carry out the idea to practical results, but was not successful. There was great merit in the effort, but it proved a failure. Dr. Wells, therefore, in the opinion of your committee, is not entitled to the honor of the discovery. He stopped half way in the pursuit. He had the great idea of producing insensibility to pain, but he did not verify it by successful experiments. He mis- took the means, and he unfortunately rejected the true anesthetic agent as dangerous to life, and therefore did not make the discov- ery and give it to mankind. He did what Dr. Beddoes, Sir Hum- phrey Davy, and Dr. Townsend had done about the close of the last century, but nothing more. *Thisar- But he had the signal merit of reviving the investigation, and, bitration probably, of hastening the discovery. If an idea connected with posed ^ by ^^^ subject lay dormant in the mind of any one, his attempt was Morton well calculated to awaken it into life. When in the fall of 1844 and ac- he made his public attempt, in Boston, to produce aneesthesia Jackson ^ during a dental operalion, by the use of nitrous oxide, if Dr. Jack- andnotre-son had indeed made and perfected this discovery, and felt an fused _ by abiding confidence in its truth, who can doubt that he would have Si^wili?^ availed himself of that occasion, or have been reminded by it, to had had the i ^ i • t^ r i t i i m • • effect to make lor mmself another, at an early day, of publicly exnibitmg keep Mor- and testing the true anaesthetic agent ? sendine °^ The question of discovery, which your committee has thus en- publica- deavored to examine, was every way proper to be tried and set- tions tied by intelligent men, as a jury of the vicinage, which was abroad,and ppQpQgg J by Dr. Morton and refused by Dr. Jackson.* But Jackson an it was finally tried by a most appropriate tribunal — the Trus- opportuni- tees of the Massachusetts General Hospital, at which the first ty to have p^]^|-p exhibition of this pain-destroyinp; power was made and claimed the "^"^^^1'^ its effects were first witnessed by an admirmg audience, discoverer The question of discovery was tried before these men — trustees all over ^f ^ scientific corporation, to whom Dr. Jackson was well known (Se0^^'Ed- ^^ ^ distinguished member of the medical faculty, and to whom onuTid War- Dr. Mortou, prior to the discovery, and the contest to which it ren's Pam-i^^^ ^vas kuown Only as a young man of energy and enterprise. Edition p. -^^^ ^^i^ Board, composed of men whose names would do honor 40, 41.)' * to any scientific institution, presently after the discovery, near the 12T time and at the place where it occurred, gave, by a unanimous voice, its honor to Dr. Morton. One year after they reviewed their decision, at the reqiiest of Dr. Jackson, and unanimously confirmed it. In this connection your committee deem it proper to introduce a letter from the honorable Secretary of State : Washington, D,€cember 20, 1851. "Dr. W. T. G. MoPvTON — Bear Sh' : In reply to your letter of the 17th inst., I would say that, having been called on, on a pre- vious occasion, to examine the question of the discovery of the application of ether in surgical operations, I then formed the opinion which I have since seen no reason to change, that the merit of that great discovery belonged to you, and I had supposed that the reports of the Trustees of the Hospital and of the Committee of the House of Representatives of the United States, were conclu- sive on this point. "The gentlemen connected with the hospital are well known to me as of the highest character, and they possessed at the time of the investigation, every facility for ascertaining all the facts in the case. "The Committee of the House were, I believe, unanimous in awarding to you the merit of having made the first practical ap- plication of ether, and a majority by their report, awarded to you the entire credit of the discovery. "Very respectfully, your obedient servant, "'DANIEL WEBSTER." Before this tribunal, neither time, place, nor circumstance, per- mitted bold and confident assertion to be mistaken for truth. With this award we think Dr. Jackson, Dr. Wells, and the scien- tific world should have been satisfied. It is, in the opinion of your committee, entitled to great weight. It was the first, and ought to have been the only contest. Our enlightened system of jurisprudence forbids, except under extraordinary circumstances,. a second trial of q^'^stions of fad. It forbids it, as a guard against the danger incident to repeated investigations, that truth will be overborne by artfully manufactured evidence. Therefore, even if the evidence before your committee rendered the question of fact doubtful, which it does not, they would hesi- tate long before they would overrule the decision of the Trustees of the Massachusetts General Hospital. It is also a subject of much gratification to this committee, to be able to concur in the opinion of the former committee of the House, from whose very able report they have extracted so large- ly. They did not, however, feel themselves bound by either the one or the other, but gave the subject for themselves a full and careful consideration. But they are the more satisfied with the conclusions to which they have come, because of their concur- rence with such high and unexceptionable authorities. w^ 128 Dr. Jackson appeals to the Academy of Arts and Sciences at Paris, and claims that that learned body has decided the question of discovery in his favor, by awarding him the " Monthyon prize for the greatest medical discovery," and that their decision ought to be taken as final and conclusive. Your committee, far obvious reasons, would at once bow to the decision of that very learned society, (the centre and soul of scientific knowledge in Europe,) as to the fact of discovery, and that the honor of tho discovery belonged to America, and also as to its merit and value among the discoveries of the age. Eut on the question. Who was the discoverer ? their decision, if they made one, is entitled to much less weight. They are remote from the scene — had no means at an early day of possessing them- selves of the evidence — and v/e have already seen how the minds of the members of the Academy were pre-Qccupied by Dr. Jack- son's sealed letter of November 13, 1846, and his letter of De- cember 1, directing the seal of the former letter to be broken. The temporary secrecy, with the form and circumstance of the disclosure, together with his European reputation for science, were, in the absence of any conflicting evidence* or claim, well calculated to make a first impression in his favor. "^^ On the 31st of January la'^t the Institute of France awarded the < Cross of the Legion of Honor' to br. Jackson as the discoverer of etherization." — Minority Report No. 114, thirtieth Congress, 2^th February , 1849. In the Compte Rendus of March 24, 1848, are the following sentences : M. Morton announced the sending of documents destined to establish in his favor the priority relative to the discovery of the eiFect of the inlialation of the vapor of ether. The documents announced are not yet before the Academy. The letter of M. Morton was sent to be examined by the commission upon ether and chloroform. Boston, March 14, 1849. Dear Sir : By a letter received from our Paris agent while you were in "Washington, we learn that your pamphlets, addressed to the French Academy and others, owing to a wrong impression, have not as yet been received. They remained at the French custom-house from May 6 to December 16. The duties on them have now been paid, and they are in the hands of an agent at Paris awaiting your further instructions. Please give us your orders in season for transmitting per next steamer from Boston. We remain vour obedient servant, HARNDEN & CO. W. T. G. Morton, M. D. Paris, May 10, 1849. — You ask me in regard to the ether quarrel and Dr. Jackson. These are the answera : 1. In the first place, the Grand Cross of the Legion of Honor has not been conferred on Dr. J. There are ten degress ; the lowest — that of Chevalier — was given to him. It is a very problematic honor ; the manner in which it was distributed by Louis Phillippe having made it a distinction to be without it. Recently it was offered to M. Richard, one of the mayors of Paris, who refused it OB this ground. 2. The giving the Cross to Dr. Jackson was principally owing to the effortd of M. Eli de Beaumont, the distinguished geologist, and was just as much for •what Dr. Jackson may have done as a geologist as for anything he may have had to do with ether. — Letter of Mr. Stunner, brother of Senator Sumner, to Dr. George Hayward, of Boston. The gold medal waa given upon the same consideration. 129 But the Academy of Arts and Sciences at Paris did not, as it appears, award to Dr. Jackson the honor of the discovery, either directly or indirectly, by awarding him '^ the Mouthy on prize for the greatest medi'Cal discovery.'' Your committee have inspected the official awardments, exhibited by the parties, and find that the award to Dr. Jackson was " one of the prizes of medicine and surgery of the Monthyon foundation." And M. Alexander Vattemare, in his letter to Dr. Morton, gives an extract from the formal decision made by that learned body, " between these two celebrated contestants," as follows : " Mr. Jackson and Mr. Morton were necessary to each other. Without the earnestness, the preconceived idea, the courage, not to say the audacity of the latter, the fact observed by Mr. Jack- son might have long remained unapplied ; and but for the faet ob- served by Mr. Jackson, the idea of Mr. Morton might perhaps have been sterile and ineffectual ;" "consequently, (he proceeds,) there has been aw^arded a prize of two thousand five hundred francs to Mr. Jackson for his observations and experiments upon the anaesthetic effects of sulphuric ether, and another of two thousand five hundred francs likewise to Mr. Morton, " for hav- ing introduced the method in surgical practice after the indications of Mr. Jackson." Dr. Morton has, within a few days, received the expression of the Academy in the more acceptable form of their largest gold' medal. The prize awarded to him, as above stated, being of an amount not absorbed by the medal, has been appropriately used in enclosing it in a suitable golden frame. On the one side of the medal, in addition to the name of the institute, is a medallion head of the Goddess of Liberty. On the reverse, surrounded by a wreath of laurel, is engraved — " Academic des Sciences. Prix Monthyon — Medicine et Chi- rurgie— Concours de 1847 et 1848. Wm.'T. G. Morton, 1850." Upon a full examination of the whole case so far as time and means were afforded to your committee, they have come to the conclusion — 1st. That Dr. Horace Wells did not make any discovery of the ansesthetic properties of the vapor of sulphuric ether, which he himself considered reliable, and w^hich he thought proper to give to the world. That his experiments were confined to nitrous oxide, but did not show it to be an efficient and reliable anees- thetic agent, proper to be used in surgical operations and in ob- >stetrical cases. For the rest your committee have come to the same conclusions that were arrived at by the Trustees of the Massachusetts Gene- 9 130 ral Hospital at their meeting in January, 1848, and reconsidered and confirmed in 1849, and adopted by the former committee of the House, viz : 2d. That Dr. Jackson does not appear at any time to have made any discovery in regard to ether, which v:as not in print in Great Britain some years before. 3d. That Dr. Morton, in 1846, discovered the facts, before un- known, that ether would prevent the pain of surgical operations ; and that it might be given in sufficient quantity to effect this purpose, without danger to life. He first established these facts by numerous operations on teeth, and afterivards induced the sur- geons of the hospital to demonstrate its general applicability and importance in capital operations. 4th. That Dr. Jackson appears to have had the belief that a power in ether, to prevent pain in dental operations, would be discovered. He advised various persons to attempt the discovery ; but neither they nor he took any measures to that e7id, and the world remained in entire ignorance of both the power and safety of ether, until Dr. Morton made his experiments. 5th. That the whole agency of Dr. Jackson in the matter ap- pears to consist only in his having made certain suggestions, which aided Dr. Morton to make the discovery — a aiscovery which had for some time been the object of his labors and re- searches. Though it was but •- a single step, and that a short one,'^ from the daily walks of science to this great discovery, yet the scien- tific world admits that the step was never taken prior to the 30th of September, 1846 : and the discovery, when in fact made, was instantly appreciated and hailed by the surgical profession mth the most exalted enthusiasm, almost with shouts of rapture. In a letter written fresh on the verification of the discovery in England, the grave and sedate Listen says : " Hurrah ! " Rejoice I Mesmerism, and its professors have met with a 'heavy blow, and great discouragement.' An American dentist has used ether (inhalation of it) to destroy sensation in his ope- rations, and the plan has succeeded in the hands oi Warren, Hay- ward, and others, in Boston. Yesterday I amputated a thigh, and removed, by revulsion, both sides of the great toe nail, with- out the patient's being aware of what was doing, so far as regards pain. The amputation-man heard, he says, what we said, and was conscious, but felt neither the pain oi the incisions, nor that of tying the vessels. In short, he had no sensation of pain in the operating theatre. I mean to use it to-day, in a case of stone. In six months no operation will be performed without this pre- 131 vious pfeparation.* It must be carefully set about. Tbe ether must be washed, and purified of its sulphurous acid and alcohol. Shall I desire Squire, a most capital and ingenious chemist, to send you a tool for the purpose? It is only the bottom of Nooth's apparatus, with a sort of funnel above, with bits of sponge, and, at the other hole, a flexible tube. Rejoice ! ^^ Thine always, R. L." Mr. Velpeaa, one of the most eminent surgeons of Paris, in his treatise on medical operations in 1839, says : " To avoid pain in surgical operations is a chimera which it is not allowable to pursue at the present day. The cutting instru- men t and pain, in operative medicine, are two words w^hich never present themselves singly to the mind of the patient, and of which we must necessarily admit the association." But in a communication to the Academy of Arts and Sciences at Paris, on the 27th of January, 1847, he speaks thus : ^'I desire that the question of priority be immediately laid aside ; it does not appear, in effect, to have any foundation. To say that some one has stupefied or put to sleep some dogs or hens., is nothing to the purpose ; for this action of ether has been known fifteen, Uventy, thirty years and more. The Dictionaries of Medicine, Treatises on Medical Jurisprudence — that of M. Orfila, and the toxology of the last author in particular — indicate it formally. That which is new, is the proposition to render the patient totally insensible to pain, under a surgical operation, by means of inspiration of ether." And the venerable and sage Dr. Warren, in his work on ether- ization, speaks in the following impressive and exalted strain : " A new era has opened to the operating surgeon ! His visi- tations on the most delicate parts are performed, not only with- out the agonizing screams he has been accustomed to hear, but sometimes with a state of perfect insensibility, and occasionally even with the expression of pleasure on the part of the patient. Who could have imagined that drawing the knife over the deli- €ate skin of the face might produce a sensation of unmixed de- light ! that the turning and twisting of instruments in the most sensitive bladder might be accompanied by a beautiful dream I that the contorting of anchylosed joints should co-exist with a celestial vision ! If Ambrose Pare, and Louis, and Dessault, * Of course, this is not to be considered as Mr. Listen's deliberate opinion ; but just the first flash of enthusiasm, at once natural and becoming, in the cir- cumstances. -.&• 132 and Chesse^den, and Hunter, and Cooper, could see what our eyes daily witness, how would they long to come among us and perform their exploits once more ! And with w^hat fresh vigor does the living surgeon, who is ready to resign the scalpel, grasp it, and wish again to go through his career under the new auspices!" The question of who was the discoverer being thus, as the committee trust, placed beyond dispute, they turn their attention next to the value of the discovery. It supplies a desideratum long sought by surgeons for the relief of the excruciating pain they were necessarily obliged to inflict in the practice of their profession. They had, as heretofore stated, vainly attempted this relief by the use of opiates, extract of hemp, mesmerism, &c. ; but none fulfilled the desired purpose ; and their suggestion of the necessity to life or limb of an opera- tion, was apparently ever doomed to be accompanied w^ith the, to many, all absorbing feeling of terror of the pain which there was no known means of avoiding. Dread of pain has not un- frequently deterred from submission to operations necessary to the preservation of life. In other cases, where this dread w^as overcome and the operation performed, the severity of the suf- fering and the shock to the system have been large elements in the production of a fatal result. Since the introduction of ether- ization, both the patient and surgeon approach the operation with feelings entirely different from those formerly entertained under similar circumstances. The latter is relieved from the necessity of witnessing thos'e manifestations of pain w^hach his instruments formerly produced, and to ever become indifferent to which he must be more or less than human ; while the foi^mer looks only to the end to be attained — the restoration to health — there being no intermediate pain to excite his dread and fix his exclusive attention. For screaming, and struggles, and intense suffering under the surgeon's knife, etherization has substituted more or less complete exemption from pain, associated in some with the quietude, mental and corporeal, of deep sleep ; in others, with. pleasing dreams, imaginary busy scenes, and sweet music ; and in others, with a perfect consciousness of surrounding objects and events, making the patient, perhaps, not among the least calm or most anxious spectators of the operation. And its benefits are by no means confined to surgical patients and surgical practice. The obstetrician finds it in the means of alleviating that distress with which woman has ever heretofore been cursed, w^hen in the act of becoming a mother. And who would not hail with delight any means of ministering comfort to her who bears the holy name of mother ? To the physician it affords one of the most useful, as it is one of his most prompt remedies. He, too, is often compelled to he the spectator of 133 severe pain and distress, for the alleviation of which his before known remedies were powerless. He, before, had no reliable means of relieving the spasms of tetanus ; he not unfrequentiy failed to procure sleep in delirium tremens^ when the question is one of sleep or death; his before palliative remedy (opium) for the pain of colic, too often purchased temporary relief at the expense of an aggravation of the cause of the disease, and of increased difficulties in its cure; and he occasionally witnessed the breaking up of the system of a neuralgic patient, more as a consequence of the repeated large doses of opium to which he was consti ained to resort for the mitigation of his paroxysms, during the slow progress of curative remedies, than of the dis- ease itself. Eut an enumeration of all, or of any considerable number of the cases in which he finds it useful, nay, indispensable, is neither required, nor would it be proper in a paper of this character. It is no answer to this to allege that the discovery is capable of injury or mischief. Ignorance of the proper use of anything leads to its abuse ; and what is not abused, the use of which depends upon human judgment ? Being of indispensable value to all, as all are liable to require its use, the committee deem the discoverer entitled to reward, as a benefactor of the human race. Eut his application rests not solely on that ground. The discov- ery is used by the United States government in the army and navy, and for that use the government is clearly bound to com- pensate him ; especially as they secured to him the use of the discovery by letters patent, Dr. Jackson having first assigned his claim to Dr. Morton. The committee have thought proper to annex the following extracts from the records of the Patent office : '' I have therefore, in consideration of one dollar, to me in hand paid, the receipt whereof I do hereby acknowledge, assigned, set over, and conveyed, and by these presents do assign, set over, and convey to the said Morton and his legal representatives, all the right, title, and interest whatever which I possessed in the said invention or discovery, a specification of which I have this da/j- signed and executed in conjunction with him, for the purpose of enabling him to procure a patent thereon. '' And I do hereby request the Commissioner cf Patents to issue the patent to the said Morton in his name, and as my assignee or legal representative, to the extent of all my right, title, and in- terest whatever in the said invention or discovery. '^ In testimony whereof, 1 have hereto set my signature and affixed my seal, this twenty-seventh day of October, one thousand eight hundred and forty-six. '' CHARLES T. JACKSON. "Witness: R. H. Eddv.'^ 134 " United States Patent Office, *' Received this 10th day of November, 1846, and recorded in- liber F 1, page 118, of Transfers of Patent Rights. *'In testimony whereof, I have caused the seal, of the Patent Office to be hereunto affixed. "EDMUND BURKE, ^^Commissioner oj PaterUs,'' No. 4,848. 'The United States of America. To all to whom these letters patent shall come : "These are therefore to grant, according to law, the said Wm, T. G. Morton, his heirs, administrators, or assigns, for the term of fourteen years from the 12th day of November, 1846, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said improvement." Numerous instances have occurred, to which your committee beg leave to refer, in which compensation in money has been made by Congress, as a re^vard for lilie discoveries, of less importance to the country and mankind, namely : patents purchased. Tucker and Judge — For the construction of anchors for the Navy, Statutes at Large, vol. 6, page 659, Sl,500. Daniel Pettibone— For the use of circular bullet moulds, Statu- tes at Large, vol. 6, page 833, $5,000. Boyd Reilly — For the use of gas in vapor baths, Statutes at Large, vol. 6, page 904, $5,000. William H. Bell — for elevating heavy cannon, and for pointing the same, Statutes at Large, vol. 5, page 126, $20,000. Isaac Babbit — for the right of use of the patent anti-antrition metal. Statutes at Large, vol. 5, pages 547 and 686, $2,000. Heirs of Robert Fulton — Fur the benefits conferred upon the country by his improvements in navigation by steam. Statutes at Large, vol. 9, page 660, $76,300. Anne M. T. Mix, widow of M. P. Mix — For the purchase of Mix's manger stopper, Statutes at Large, vol. 9, page 82, $3,000. Doctor Locke — For the free use, by the United States, of his invention of the magnetic clock, Statutes at Large, vol. 9, page 374, $10,000. R. S. McCulloh and James C. Boothe — To purchase the right 135 to use the improved methods of refining argentiferous gold bul- lion, Statutes at Large, vol. 9, page 530, $25,000. APPROPRIATIONS FOR EXPERIMENTS TO TEST PATENTS. Samuel Colt — Submarine battery, Statutes at Large, vol. o, page 584, $15,000. Sarah F. Mather — Submarine telescope. Statutes at Large, vol. 5, page 667, $2,000. S. F. B. Morse. — Electro magnetic telegraph, Statutes at Large, vol. 5, page 618, $30,000. For testing inventions for preventing explosion of steam boilers. Statutes at Large, vol. 5, page 793, $5,000 ""^^ Earle — For the preservation of canvass, Statutes at Large, vol. 9, page 170, $5,000. Uriah Brown — For testing steam fire ships, and shot proof steamships. Statutes at Large, vol. 9, page 273, $10,000. James Crutchett — For testing solar gas lights and erecting fix- tares, Statutes at Large, vol. 9, page 207, $17,500. Isherwood — For testing light for lighthouses. Statutes at Large, vol. 9, page 323, $6,000. Charles G. Page — To test the capacity and usefulness of electro- magnetic power, for the purposes of navigation and locomotion. Statutes at Large, voL 9, page 375, $20,000. Though fally satisfied of the value of the discovery, the com- mittee thought it not proper to act upon their own unaided opin- ions. The chairman addressed circulars to the different hospitals, to medical institutions, to m.any of the most eminent physicians and surgeons in the United States, (see appendix,) and to the surgeons of the army and navy. The answers to these are very numerous; too much so, and too lengthy for publication, but have beefi perused, and their contents carefidly noticed by the com- mittee. Only two of this mass of letters speak disparagingly of the discovery, and one of those does not profess to speak from the writer's own observation. The committee annex extracts (see appendix*,) from some of these answers, and a few entire letters, exhibiting the general opinion of the value of the discovery — its value being indisputable, and almost universally acknowledged, it was not deemed necessary to multiply extracts in its proof — and exhibiting likewise, the use of the discovery in the army and navy. The committee would likewise call particular attention to the following letters from the Surgeon General and Staff, and the Chief of the Bureau of Medicine and Surgery and Assistant, ad- dressed to Dr. Morton, and which were laid before the committee : 136 "Surgeon General's Office March 1, 1852. "Sir: In compliance with your verbal request to be furnished with information in regard to the employment of anaesthetic agents in the army of the United States, and also for an expression of opinion as to the value and importance of this class of remedial agents, I have to state : " That sulphuric ether and chloroform were used to some ex- tent in the military hospitals established at the theatre of war in Mexico, but the use of those articles was not so general as at present, for the reason that the apparatus at that time believed to he essential to their proper and safe administration, was not adapt- ed to service in the held. " At the present moment it is believed that no surgical opera- tion of importance is performed by the medical officers of the army without the aid of some anaesthetic agent. "Previous to the discovery of this new application of sulphu- ric ether, the annual supply of that medicine was one pound for every hundred men. On the revision of the standard supply ta- ble, by a board of medical officers, in 1849, the pure washed sul- phuric ether was substituted for the ordinary sulphuric ether, and the quantity allowed was increased one hundred per cent. At the same time another anffisthetic agent, the tincture of chloro- form, commonly called chloric ether, was added to the supply ta- ble, and is now regularly furnished to the medical officers in such quantities as, in connexion with the sulphuric ether, will suffice to meet all the demands of the service in this particular. " Although the discovery of this new therapeutic effect of sul- phuric ether has led to the introduction and employment of other anaesthetic agents, this does not in any way militate against the merits of the original discovery, which I regard as one of the most important and valuable contributions to medical science, and to the relief of suffering humanity, which has ever been made ; the only discovery to be compared therewith being that of vacci- nation, which has rendered the name of Jenner immortal. " Through the influence of these remedial agents, the surgeon is not only enabled to perform the most extensive and difficult operations, uncfisturbed by the cries and struggles of the patient, but what is of far greater importance, the patient being rendered insensible, escapes that shock to the nervous system, which in itself is not unfrequently fatal. For this reason operations can now be performed with much more safety than heretofore, and that, too, in cases in which the attempt to perform them would have been forbidden by the general condition of the patient. " To the physician this class of remedial agents promises to be of the greatest utility, though their application in the treatment of disease has yet to be more fully developed. "It will suffice at this time to allude to their employment for 137 the relief of sutFering woman in the hour of her greatest trial, and at the moment she claims our warmest sympathies. That these agents can be safely used in parturition, so as to afford full and entire exemption from pain to the mother, and with safety both to her and to the child, has been amply demonstrated. *• In conclusion, permit me to congratulate you upon the flat- tering testimonial you have received from the National Institute of France for this discovery, and to express the hope, that inas- much as it is impossible for you to derive any pecuniary benefit therefrom in ordinary course by letters patent, you may receive from your country that acknowledgment of your merit which is due to one who has conferred so great a boon upon mankind, '' I am, very respectfully, vour obedient servant, ''TH. LAWSON, '^ Surgeon GeneraL "W. T, G. Morton, M. D., . ''Brotvn's Hotel, Washington, D, C." '•Surgeon General's Office, "March 10, 1852. " Sir : The undersigned take pleasure in adding their testimony to the mass of evidence you have already accumulated in regard to the value and importance of the discovery of the anaesthetic properties ©f sulphuric ether, and the consequent introduction of a new class of remedial agents into the practice of medicine and surgery. '* The more general and important advantages which surgeons and physicians, as well as patients, have derived from this great discovery, are so fully yet concisely set forth in the communica- tion addressed to you a few days since by the Surgeon General, as to need no repetition here, and we therefore prefer alluding to an application of this class of remedial agents, which, so far as we have seen, has not been mentioned by your correspondents. '^ We refer to their employment in thei army and navy for the detection of feigned diseases. The consummate art ofttimes dis- played by malingers who are desirous of procuring their dis- charges from the service, or to escape unpleasant duty, is such as not unfrequently to baffle the skill of the most experienced medi- cal officers. It is not enough in these cases to suspect that dis- ease is feigned — humanity requires that the fact of malingering be proved, before the kind offices of the physician are refused. In many instances the use of anaesthetic agents will afford this positive proof, and although we do not recommend or advocate their employment for this purpose as a general rule, we never- theless believe that in some cases it is the duty of the medical officer to resort to them to satisfy his doubts. "In illustration of the foregoing remarks, we refer you to the enclosed copies of proceedings instituted in this ofhce in January, 138 1849, in the case of Charles Lanke, formerly a private of artille- ry, who applied for a pension on account of alleged anchylosis of the knee-joint, and to whom tke sulphuric ether was administered by yourself, in the presence of Dr. Edwards, of Ohio, and sev- eral other members of Congress. *^ Very respectfully, your obedient servants, ^' H. L. HEISKELL, ^'Surgeon U. S. Army. " RICHD. H. COOLIDGE, ^^JissH. Surgeon U. S. Army. " W. T. G. Morton, M. D., " Brown's Hotel, Washington^ B. C." " Surgeon General's Office, ''January 22, 1849. *'Sir : I have the honor to acknowledge the receipt of your letter of the 18th instant, by the hands of Charles Lanke, formeily a soldier in the army, who has been charged with malingering. " In accordance with your desire, 1 caused a careful examina- tion to be made by two medical officers of the army, w^hose report is herewith enclosed. " As the most reliable means of ascertaining the true condition of this man's limb, these gentlemen endeavored to place him in a state of insensibility, by the inhalation of washed sulphuric ether. The cause of their failure in rendering him insensible, is explained in their report ; and I may also add, that during the short time I was called to be present, I had good reasons to think that the man strongly resisted the efforts of the two medical gentlemen to rerider him insensible. " Lanke has again been here this morning with an interpreter, and has had explained to him that whenever he shall oonsent *o be rendered insensible, and it is found that his knee joint still re- ffiiains immovable, he sImII have the benefit of a certificate to that ejffect. '* Very respectfully, your obedient servant, -' By order : H. L. HEISKELL ''Surgeon U. S. Army. *' Hon. Charles Brown, House of Reps." " SuaGEON General's Office, January 20, 1849. " Sir : In compliance with your JTiStrnctions we have made a careful examination of the alleged disability of Charles Lanke, formerly a private of Captain Sherman's •ompany of 3d artillery, and beg leave to report : '* That we can find no mark of severe injury received on his knee, no deep cicatrix of the integuments, and no saarification, 139 &c., such as would have been made in the oourse of treatment for an inflammation of the knee-joint. " We can find no eVidenoes of any injury to the boBes, and ex- press our doubt whether a simple contusion would have caused such a permament stiffness of the joint. " As the only means at our disposal to test the question of ma- lir^ering, we endeavored to place him under the influence of the washed sulphuric ether, in order to create insensibility to our manipulations. ^' This we were unable to do, the patiently evidently resisting by holding his breath, &c., and when apparently about to fall under its influence, refusing to breath it at all, by pushing the assistant from him, when about to add an additional supply of ether. ** We are fully persuaded that the patient did use considerable muscular force and an evident eff'ort of will to resist the bending of the limb, in the course of the experiment. ^' As the result of our examination we would respectfully sub- mit the following opinion, that we do not think that we should be justifie^d m giving a certificate of disability to Charles Lanke ; but still there being a bare possibility that injustice may be done the man, we are willing to repeat the trial by ether, which is truly an " experimentura crucis," whenever the applicant for pension shall state his readiness to submit. " R. H. COOLIDGE, ^' Assist. Surgeon U. S. Army. " ALEXR. S. WOTHERSPOON, ^^ Assist. Surgeon U. S. Army. "Dr. H. L. Heiskell, Surgeon U. S. Anny.'' •• Surgeon General's Office, Januai y 26, 1849. ''Sir : I have the honor to inform you that Charles Lanke, havmg expressed his willingness to be rendered insensible by ether, that article was this day administered, to him by Dr. Morton, of Massachusetts, in the presence of Dr. Edwards, and a number of other members of Congress and medioal gentlemen. "Having come fully under its influence, the limb was com- pletely flexed without force, proving conclusively that the stiflhess of the knee-joint was altogether feigned. '• From the mingled distress and surprise exhibited by Lanke on recovering his consciousness, at seeing his leg bent at a right angle with the thigh, it was apparent that the suddeA recovery of the iiiotion of his knee-joint was anything eke than welcome. " Yery respectfully, your obedient servant, " By order : H. L. HEISKELL, -' Surgeon U. S. Army. " Hon. Charles Brown, House of Reps.'' 140 ^^ Surgeon General's Office, February 27, 1852. " Sir : It affords me pleasure to bear testimony to the high value of anaesthetic agents, both in the practice of surgery and medicine. " I consider it the greatest improvement of the century. It is now an indispensible agent in the alleviation of pain during sur- gical operations, and in the amelioration of many distressin^g symptoms and diseases of daily occurrence. Its many uses are only beginning to be appreciated by the medical profession, and it is impossible to say what limits may be placed to its employmeiit . Too much cannot be said in praise of this class of remedicai agents. '^ Very respectfully, your obedient servant, '' A. S. WOTHERSPOON, *' Assistant Surgeon U. S. Army. '' Dr. W. T. G. Morton." " Navy Department, Bureau of Medicine and Surgery, '' February 26, 1852. '' Sir : As the views of this bureau are desired in regard to the importance attached to the different anaesthetic agents by the medical officers of the navy, it gives me pleasure to express the high sense entertained by them of their great utility, not only in STii*gical practice, but as powerful agents in many painful affec- tions, which have resisted the ordinary remedies. This opinion is strengthened by the concurrent testimony of the ablest civil practitioners of our own country, with the emphatic endorsement of their value, by the best British and continental surgeons. In the ab.sence of statistical information, accurately made up, it is some- what difficult to estimate the relative value of these etherial pre- parations ; but if the recorded opinions of professional men, as expressed in the various medical journals of this country and Europe, are deemed of any weight, the discovery of etherization as a means of avoiding pain in severe surgical operations, may be considered the most important, in a philanthropic vievv, which this century has produced. ^^ The observation that exhilarating effects resulted from the inhalation of ether is no recent acquisition to medical science ; but the novelty and gist of this discovery consists in finding that nerv- ous perception is suspends d under the influence of the etherial in- halation, and while so suspended, the patient is unconscious of pain while under the operation of the knife. " In addition to the great benefit derived from its use in alle- viating pain, it has a decided effect in diminishing mortality. Its advantage in this respect appears to be in saving the system from the severe shock and nervous exhaustion which attend most of the 141 graver surgical operations, and which of themselves often prove fatal. " It dispels the fear of pain, which formerly prevented many from submitting to an operation, or induce them to defer it until too late. **It enables the surgeon, also, to operate more coolly and effectually, undisturbed by the cries and struggles of the patient, which sometimes unnerve the steadiest hand, and render abortive the best directed efforts. " The medal of the first class, awarded to you by the ' Medical Institute ' of Paris, evinces the high estimation entertained in that centre of medical science and intelligence, of the services you have rendered to humanity. "It is earnestly hoped that our Government, with a similar appreciation of this great acquisition to medical science, will stamp their sense of its importance, by a substantial acknowledgment which, while it encourages the philanthropist in his efforts to meliorate the condition of his fellow men, will remunerate you in €ome measure for the toil and vexation attendant on your struggle for success. " Respectfully your obedient servant, "THO. HARRIS, '^ Chief of the Bureau of Medicine and Surgery. " Mr. Wm. T. G. Morton, M. D., Washington:' [Extracts.'\ " Navy Department, Bureau of Medicine and Surgery, ''March'll, 1852. '*' I would state, however, that in the single capital operation in which the etherial inhalation was employed by me, it was at- tended with the happiest results, and impressed me with such a forcible conviction of its importance, that I deem it indispensa- ble, as a general rule, in ail serious surgical cases requiring the use of the knife. " Its application in general practice is becoming daily and more enlarged, as its peculiar influence over the nervous system and ' perceptive ' powers is developed ; and the physician or surgeon who banishes it from his pharmacopseia, is neglecting one of the most potent weapons presented for his use, since the great dis- covery of Jenner. "■ Upon the whole I have no hesitation in expressing the opinion that this discovery, when divested of the prejudices attending in ^ome minds the introduction of all novelties, and when the acci- dents inseparable from its abu^e or ignorant application, are ascribed to their proper causes, will take its rank among the most 142 valuable acquisitions which have ever been made to medical science. '' With great respect, your obedient servant, ^•S. R. ADDISON, ^'Passed Assistant Surgeon U. S, JS'avy, "W. T. G. Morton, M. D., Washington Cityr Inquiries were also instituted into its effect upon mortality, and especially of surgical operations. To be fully satisfactory, in- quiries of this character should extend through a lon^ series of years, and embrace very many cases, the results of which have been carefully observed. The discovery being of recent origm, no opportunity for inquiries -and observations to such extent has been afforded. The answers to such inquiries, where received in specific form, have embraced one class only of operations, viz., amputations of thigh, leg and forearm. The statistics thus ac- quired, the committee believe to be reliable, as they are derived from the surgeons of the army and navy, from a few hospitals, and from eminent surgeons in civil practice. The result is appended in the following table, accompanying which will be found Prof Simpson's European tables. Amputations of the thigh, leg, arm, and forearm, communicated to the committee with their results. The greater number of those in which the patients were not etherized, were performed before the discovery of anaesthetic properties of ether and chloroform. Net etherized. Of wliom died. 40 Etherized. Of whom died. 185 10 No. yill. — Tahh oj- the Mortality of Amputation of the Thigh, Leg, and Arm. Reporter. ' Xo. of cases. No. of deaths. Per cent, of deaths. . t ' Parisian Hospitals — Malgaigne ■ 48i 273 57 in 100 Glasgow Hospital — Lawrie - ; 242 97 40 in 100 General Collection- Phillips - 1369 487 35 in 100 British Hospitals — Simpson - j 618 1 183 29 in 100 Upon patients in an etherized state 302 71 23 in 100 143 Six hundred and sixty-nine cases of anaesthesia in obsterical practice are likewise reported in Professor Simpson's work — "Anaesthesia in Surgery and Midwifery " — and a tabular statement of five hundred and sixteen cases in Dr. Channing's work — " Etherization in Childbirth " — the result being highly satisfactory. Great Britain, France, and all other enlightened nations, have, from time immemorial, rewarded munificently such services to humanity. The British Parliament, by two successive statutes, bestowed upon Jenner the sums of ten thousand and twenty thou- sand pounds for the discovery of vaccination. The world has as yet produced but one great improvement in the healing art de- serving to be ranked with that of Jenner.* America, by annihi- lating pain, has done as much for the benefit of the race, as Eng- * Extracts fro'trt the British and Foreiff7i Medico-Chirurgical Review^ for Aijril, 1852. Application.'! of A^'ses, and, in our opinion, established the utility of anaesthesia [in midwifery] upon incon- testable grounds. » * « Thcrapeiitical Applications of Ancesthesia. — It is now evident that the use of anajsthetic agents is capable of an extension beyond the bounds of merely ope- rative medicine. It has been transported into medicine itself; and perhaps this circumstance may attract the attention of the profession to the advantages which may accrue from the use of other remedies in the form of inhalations. When we consider the great extent of the pulmonary mucous membrane, and the facility with which vapors may be introduced through the respiration into the blood, it seems extraordinary that this mode of administering medicines has not been more exactly studied. * * * Pain exists in a vast number of diseases, where even opium is insufficient to afford relief; in such cases a field is opened to the use of anaesthetic agents. In several cases of intense facial neuralgia, benefit has been obtained from tiie inhalation of chloroform, when all other remedies have failed. In pains of the bowels, gastralgia, and in nervous cholics, similar results have followed. Many observers have pointed out the benefit derived from doses of chloroform in the liquid form, in relieving the pain at the early stages of cholera. * * 145 made ior the benefit of Dr. W. T. G. Mortoii, to be paid to him in consideration of his discovery of the ancesthetic properties of the vapor of sulphuric ether, and his public and successful appli- cation of the said pain-destroying agent in surgical operations, and of its use in the army and navy of the United States, and conditioned that he surrender to the United States his patent for the discovery. The majority of the committee, in view of its use as above mentioned, and of the incalculable value of the discov- ery to the whole world, are of the opinion that one hundred thousand dollars would not be an unreasonable appropriation for tha^ purpose. They herewith report a bill. [The Committee on Naval Affairs, House of Representatives, and the Military and Naval Committees of the Senate, fully concur in the recommen- dation.— 5'eg p. 147.] W. H. BISSELL, M. D , of Illinois, JOS. SUTHERLAND, of New York, ROBERT RANTOUL, jr., of Massachusetts. GRAHAM N. FITCH, M. D., one of the Regente of the Smithsonian Institution, late Professor Institute and Practice of Medicine in Rush Medical College. Office House of Representatives, U. S., City of Washington, June 28, 1852. 1, John W. Forney, Clerk of the House of Representatives of the United States of America, do hereby certify, that the accom- panying printed document is a true copy of the report agreed upon by the Select Committee of the House of Representatives on the memorial of Doctor William T. G. Morton, for the discovery of etherization, and will be presented to the House of Representa- tives when the smd Select Committee shall be called upon to report in the regular order of the business of the said House. In testimony whereof, I have hereunto affixed my r- _ T signature and the seal of the House of Representatives *- ^'^ of the United States, this twenty-eighth day of June, in the year one thousand eight hundred and iifty-two. Attest: JOHN W. FORNEY, Clerk of the House of Representatives, U. iS. ■ In tetanus many favorable cases have been reported. * * * In mental alienation anaesthesia has been a good deal used. * « * An83sthetic agents have been applied locally in the waj- of ft-ictions, in nervous and rheumatic pains, in paiiifnl opthalmia, and in orchitis. Under the hands of «ome it has been found exceedingly successful in relieving pain, and subduing inflammation, and in the dressing of ulcers. It is very plain to us that Vi'e are only at the beginning of the medicinal use ot these agents. Applications to Legal Medicities. — Simulated dumbness, deafness, and stam- mering, can be detected. See page MO. 10 146 Ajyr ACT roR the relief of wm. t. g. morgan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sec- retary of War and the Secretary of the Navy be, and they are hereby authorized and instructed to receive from Wm. T. G, Morton his patent right for the use of sulphuric ether in producing insensibility to pain during surgical and other operations, which is at present in use or may hereafter at any time be introciuced into the hospitals of the army and navy, the penitentiary of the United States, and board of the national shipping; and.there shall be paid to the said Wm. T. G. Morton, the sum of one hundred thousand dollars out of any money in the treasury not otherwise appropriated, in full compensation for the surrender of all his rights under the said patent : Provided, however, That the said Wm. T. G. Morton shall surrender ail right, interest, and benefit from the above letters patent to the Commissioner of Patents. Resolution from the Committee on JVaval Affairs of the Hou^e of Representatives. RESOLUTION. Resolved, That the Committee on Naval Affairs of the House of Representatives agree in the propriety of the appropriation for Dr. W. T. G. Morton, for the discovery of etherization, recom- mended by the select committee of the House of Representatives on that subject, and adopt the suggestions of the chairman of the said select committee, (hereto annexed,) to offer the same as an amendment to the bill making appropriations for the naval service, in conformity with the views of the Secretaries of War, Navy, and Treasury Departments, as expressed in their correspondence with this committee, (see correspondence annexed.) FREDERICK P. STANl^ON, of Tennessee. THOS. B. FLORENCE, of Pennsylvania, ROBT. GOODENOW, of Maine, S. W. HARRIS, of Alabama, E. CARRINGTON CABELL, of Florida. House of Representatives U. S., Maydl, 1852. Sir : I have the honor to inform you that the select committee of the House of Representatives, to whom was referred the memo- rial of Dr. William T. G. Morton, asking remuneration from Con- gress for the discovery of the anaesthetic properties of sulphuric ether, have agreed upon a report, (a copy of which is enclosed,) which they are awaiting an opportunity to present to the House. You will observe that in this report the committee fully recognise the inestimable benefits conferred upon the human race by this discovery, and believing that the example of the enlightened nations of the old world, in awarding munificently those who have rendered important services to humanity, is particularly worthy of imitation in the present instance, have determined to report a bill appropriating the sum of one hundred thousand dollars to Dr. Mor- ton, as a compensation for his discovery, and in consideration of the surrender to the United States of all right and interest which he 148 now holds in that discovery ^ in virtue of letters patent granted to him by this government.* * Wasbinqton, Jannary 5, 1847. Dear Sir : Yours of the 26th iilt. was received in due course of mail, and, in answer, I have to say that, at the time your application for preventing pain in surgical operations was under consideration in the Patent Office, Mr. Eddy con- sulted me on the novelty and patentability of your discovery. I then examined the subject carefully, and gave it as my decided and candid opinion that it was novel, and the legitimate subject of a patent ; and this opinion has only been strengthened by further reflection. Under the law, any new and useful art is made the subject of a patent. This covers any discovery in modes of procedure having a useful object in view, and susceptible of being so defined as to instruct others to apply or make use ot the mode of procedure. There can be no question that your discovery comes under this provision of law. It is a new mode of procedure, definite in its character, and which may be taught to others, and which, therefore, comes under the denomination of an art, as defined by the ablest judges in Europe and in this country. Before your discovery, many attempts had been made to render persons in- sensible to pain, preparatory to surgical operations, by introducing into the stomach intoxicating substances ; but this mode of procedure was unsuccessful. You then ' discovered that, by introducing into the lungs the vapor ot certain substances, a different effect was produced from that of intoxication produced by the introduction of substances into the stomach, and that this effect was such as to render the patient insensible to pain : hence the use of this discovery, in con- nexion with surgical operations, is an improvement in the art of surgery. A dis- covery in the abstract is not the subject of letters patent; as the discovery of the elastic force of steam ; of the pressure of the atmosphere ; of the expansion of metals under the influence of caloric, &c. ; for this is the mere finding out of something existing before. The mere discovery in these cases had no direct useful application in the arts or affairs of life, and could not be appropriated to the sole use of the discoverers 5 but the moment any one of them could be applied to a useful practical purpose^ then the party so applying it produces a useful result; and such application, originating in the mind of the discoverer or inventor, is no longer a discovery, in the abstract, of something before existing, but a new creation, which, having its origin in the mind of the discoverer, and not existing before, (for it is an arti- ficial condition,) is, in view of the law, the property of the one who conceived it. There can be no question that the one who first conceived the idea of intoxica- ting a patient, preparatory to a surgical operation, would have been entitled to a patent for his new mode of procedure ; how, then, does your j>lan differ from his ? You conceived the idea that, by introducing the vapor of certain substan- ces into the lungs, a different condition of the nervous system was produced, viz : a state of insensibility to pain; and, by connecting this mode of producing this state of insensibility to pain with surgical operations, you have produced a new and useful result, highly importaut in the art of surgery; the result of a new con- ception, originating in your mind, and legitimately the subject of letters patent. Your invention is the connexion of the two processes or modes of operation. Before the date of Watt's invention of the steam-engine, the expansive force of steam had been applied to a piston in a cylinder, and it was well known that, by the application of cold water, steam could be condensed in a vessel to effect a vacuum ; and all that immortalized that great man was the union of these two ideas, or modes of procedure : applying the force of steam in one vessel, and condensing it in another. In a legal point of view, your invention does not dif- fi3r from this, which has been admitted to be patentable by all the legal knowl- edge of the world, and the universal consent of civilized man. I am, sir, yours, very respectfully. CHARLES M. K¥AAJ¥.J{, for Keller 6r Greejiough. Dr. "W. T, G. Morton, Bo-'^to/i, Mass. 149 The sum above mentioned will, it is believed, not be deemed too large,* when we remember the benefits which have been con- ferred, and when we consider the fact that, contrary to that pro- vision in the Constitution which declares that ^'private property shall not be taken for public use without just compensation/' this nation has been for years, and is now daily availing itself of the advantages to be derived from this new agent, by employ- ing it in her navy and army, and in other public institutions, without compensating the discoverer, and that too, after having issued a patent guaranteeing to him the full and exclusive privi- leges and rights accruing from his discovery. In view of these considerations, and of the fact that although nearly six years have elapsed since this discovery, no pecuniary benefits have been derived therefrom by the discoverer, and looking, also, to what is just and right from a great government to the greatest bene- factor of the human race of the present age, it is very desirable that his award shouhi be no longer delayed. The object of this communication, therefore, is to urge upon your consideration the practicability and proptiety of attaching the bill above referred to, to the "naval appropriation bill" for the ensuing fiscal year. For your further information in regard to the use of this agent in the army and navy, I enclose copies of letters from the Sur- geon General of the Army, and from the Chief of the Eureau of Medicine and S-urgery of the Navy, (see pages 82 and 86,) which February 19, 1847. I concur in the foregoing opinion entirely : entertaining no doubt that Dr. Morton's discovery is a new and useful art, and, as such, the proper subject of a patent. DANIEL WEBSTER. I have examined the question of the patentability of Dr. Morton's discovery of the anaesthetic powers of sulphuric ether, and its applicability to surgical ope- rations, and entertain no doubt as to the validity of the patent, or of his exclusive title thereto. J. M. *Eccl;ract of a letter dated Patent Office, Washington , November 16, 1846. It will of course be a source of great pecuniary profit. It must of course, come into general use, and licenses at moderate rates will produce a large revenue. EDMUND BURKE, C omm-issioney of Patents. 150 may be useful to you, in case you deem it proper or necessary to communicate on this subject with either the Secretary of War or of the Navy. Very respctfully, your obedient servant, W. H. BISSELL. Hon. Fred. P. Stanton, Chairraan Committee on JVaval Affairs^. House of Representatives, Upon the receipt of the letter from the chairman of the Select Committee upon the memorial of Dr. Morton, Mr. Stanton ad- dressed the following letter respectively to the Secretaries of War, Navy and the Treasury : Washington, June 7, 1852. Sir : I have the honor to transmit to you the enclosed commu- nication from the Hon. W. H. Biseell, with the copies of letters from the Chief of the Bureau of Medicine and Surgery of the Navy, and the Surgeon General of the Army, and other docu- ments therein referred to, all of which relate to the memorial of Dr. William T'. G. Morton, asking remuneration from Congress for the discovery of the anaesthetic properties of sulphuric ether. I concur in most of the views and opinions expressed by Col. Eiesell as to the propriety and justice oi compensating one who is so eminently entitled to the gratitude not only of his comitry- men, but of the world at large, es])ecially when Dr. Morton pre- sents himself as the sole patentee of the discovery, and seeks, on condition of the surrender of his patent, remuneration for .the benefits which are alleged to have been received therefrom by the Government, through its constant use in the army and navy dur- ing the war with Mexico,"* and up to the present time. But in order to comply with Col. Bisseli's suggestion, by submitting: the matter to the Committee on Naval Affairs of the House of Rep- resentatives, I deem it appropriate and necessary to procure the A'iews of the department in an official form. * It is impossiVle not to jjerceive that the fact ot the government having dis- regarded Dr. Morton's patent, and appropriated his discovery to the public ser- vice without compensation, was attended with consequences far more injurious to his riglits than tne mere neglect or refusal to compensate him for the use of his property. Nothing could have struck more fatally at the validity of his patent, in public opinion, than the open infraction of it be the very Govern- ment from whom it had been purchased. Its direct tendency and practical effect, were to proclaim to the public that the patent was no obstacle in tlie way of the use of the discovery, without the license of the patentee. Accordingly it is a fact which has been made evident to the committee by a comparison of facts and other evidence, that although numerous sales were made by Dr. Mor- ton prior to the public announcement that the use of ether had been adopted in the public service, (New York Herald and other papers,) not a single applica- tion was made to him after that fact became generally known. 151 Supposing that you will concur in the views expressed by the chiefs of the Medical Corps of the Army and Navy, in the con- cluding paragraphs of their communications on the subject, I do not doubt that you will give the proposition of the Hon. Mr. Bissell a fair and liberal consideration. I am, very respectfully, your obedient servant, FRED. P. STANTON. The following replies have been received : Treasury Department, June 25, 1852. Sir : I have the honor to acknowledge the recept of your letter of the 17th instant, covering copies of a communication from the Hon. W. H. Bissell, ol a letter from the chief of the Bureau of of Medicine and Surgery of the Navy, and of a letter from the Surgeon General of the Army, with certain printed matter, all relating to the memorial of Dr. Wm. T. G. Morton, asking re- muneration from Congress for the discovery of the anaesthetic properties of sulphuric ether. An attentive examination of these several documents has satis- fied me that sulphuric ether and tincture of chloroform are very generally used in the army and navy of the United States,* as anaesthetic agents ; and the decided testimony borne to the merits of these etherial preparations by the chief of the Bureau of Medi- cine and Surgery of the Navy, and the Surgeon General of the Army, leaves no doubt upon my mind as to their great value in * E'Xtract froiTi a report of tJte Surgeoyi Ge'neral to the Secretary of War. '•Daring the three years immediately preceding, and the three rears of peace subsequent to the Mexican war, the average annual nmxiber of wounds and in- juries treated in the army has been 2,592." * * » u These agents (ether and chloroform) may be useful in all the amputations, in many of the fractures not requiring amputation, in a number of luxations, gunshot wounds, and other in- juries requiring an operation; also in a number of diseases, such as strangulated hernia, calculus, hfemorrhoids, fistulas, tumors, &c., requiring the knife, includ- ing cases of delirium tremens, and occasionally a case oi parturition." Dr. Richard H. Coolidge, of the Surgeon-General's Office, says: '^'I have examined the reports of sick and wounded from the army during the recent war with Mexico. I find that the number of gun-shot wounds reported, amounts to 3,949, and that of all other wounds and injuries, to 5,392, making a total oi' 9,881; which numbei- probably falls far short of what actually occurred."' Extract of report of Bureau of Medicine and Sitrgery lo the Secretary of War, < discovery, and is justified in appeal- ing to fhe Government, which also largely avails itself of the benefits derived from it, for relief. It will be dithcult to estimate the amount which the inventor may reasonably ask of the Government in consideration of the advantages attending its use in the two services. For the reasons above mentioned, the cost of the ether itself cannot enter as an element into the calculation, and the fairest estimate, 1 conceive, might be more nearly approximated by the amount one would be willing to give to be rescued from impending death, or to be re- lieved from urgent and intolerable pain. I would express the opinion, however, that the sum of one hundred thousand dollars proposed by the Select Committee of the House of Representatives as a compensation to the inventor, is nothing more than a fair equivalent for the immense advantage resulting to the Government and country from this important dis- covery. I am, very respectfully, your obedient servant, THOS. HARRIS, Chief Bureau of Medicine and Surgery. Hon. Wm. a. Graham, Secretary of the JS^avy. Extract of a letter from John Watson, M. D. New York Hospital, January 10, 1852. The wondeiful action of ether and the other anaesthetics in alleviating suffering, and in overcoming spasm and muscular re- sistance during the most protracted, difficult, and delicate sur- gical membulations, is sufficient to place them among the most useful discoveries that ever have been effected, and to entitle Mr. Morton, who first demonstrated the ancestheiic properties and use of sulphuric ether, to the gratitude of his countrymen, and to give him rank among the benefactors of the human race. I remain, with becoming respect, ^ ^ JNO. WATSON. '- George Newjbold, Esq. West Point, New York, February 14, 1852. Both ether and chloroform are used as anaesthetic agents in the army. I am, sir, very respectfully, your obedient servant, JNO. W. CUYLER, Surgeon U. S, Army. Hon. W. II. EissELL, Chairman, ^c. St. Louis, Mo., February 12, 1852. Ether was first used by the army early in 1847, during the Mexican war, more particularly on General Scott's line, as at that period a complicated and fragile inhalator was employed for its use : of the number of instruments sent to the army, tw^o, in- tended for the Rio Grande line, were broken in the transporta- tion ; hence the ether was little used, if at all, on that line. The chloroform was early introduced in the army, not soon enough to have had experience of it or chloric ether during the war. It is now one of the principal articles of our medical supplies, and is in general use. The chloroform is as highly esteemed by the medical officers of the army and navy as by the surgeons, in general practice ; it is certainly an inestimable boon to suffering humanity. To my 158 knowledge no important surgical operation, including reduction of dislocations, fractures, &c., is performed in the army without its being employed. I have the honor to be, very respectfully, your obedient ser- vant, E. H. ABADIE, Assistant Surgeon U, S. Army. Hon. W. H. BissELL, Chairman j ^x. Fort Adams, R. I., February 10, 1852. I have no doubt their effect is greatly to lessen mortality in surgieal operations. Most respectfully, your obedient servant, R. S. SATTERLEE, Surgeon U. S. Army. Hon. W. H. BissELL, Chairman, Src. West Point, N. Y., February 12, 1852. Says it was introduced into the Mexican war. I shall con- sider it the greatest boon of the soldier. J. SIMONS, Asst. Surgeon U. S. Army. Athens, Georgia, February 9, 1852. I reply, that in the navy of the United States, to my know- ledge, both ether and chloroform are used as anaesthetic agents. That the discovery is of American origin and due to Dr. Mor- ton, seems so well established and believed, that it is needless for me to add anything on this head. The memory of such a man should be written '* in cerea perenes ;" and it would reflect honor upon his country to reward his labors while living. Such a man can proudly exclaim with the immortal Tycho Bache, '' I have not lived in vain.*' A. A. FRANKLIN HILL, Asst. Surgeon U. S. Army. New York, January 3, 1852. I would state that sulphuric ether and tincture of chloroform are among the medical supplies furnished for the use of the array. T. G. MOWER, Surgeon U. S. Army. 159 New York, January 31, 1852. Chloroform and sulphuric ether are, I believe, furnished gene- rally to the army. * * * The effect of these agents is wonderful and most valuable in lessening pain and suffering. ROBERT MURRAY,, Asst. Surg;eon U. S. Army, Philadelphia, January 27, 1852. And so far as my observation extends, (having witnessed a large number of most painful operations under the influence of ether,) I can but consider the discovery of the properties of these agents as the greatest boon that poor suffering humanity has ever received. W. WHETON, Surgeon U. S. Army. Fort Washington, Indiana, January 27^ 1852. Medical officers are supplied with chloroform for the use of the army. * # * j j^^^^ ^g^j ^^ myself, LEWIS A. EDWARDS, Surgeon U. S. Army. Germantown, January 26, 1852. Some of these agents are always added to the requisitions of medical surgeons. O. J. WESTER, Asst. Surgeon U. S, Arm«j, Fort Moultrie, Charleston Harbor, S. C, February 19, 1852. Sulphuric ether was used in the General Hospital at Vera Cruz, Mexico, in the summer of 1847. I had charge of that hospital, J. B. PORTER, M. D., Surgeon U. S, Army. Plattsburgh Barracks, N, Y, I have used ether, as before stated, far many years. J. MAKLIN, Asst. Surg. U. S. Army. 160 Jefferson Barracks, Mo. C A. Fiiiley, Surgeon U. S. Army, uses it and says: "As an alleviator of human suffering, I consider it the most important discovery that has been made since the days of Jenner. Fort Meade, Florida. Jona. Letturman, Assistant Surgeon U. S. Army, says he uses them in " diseases involving the nervous system — in allaying the vomiting of an irritable stomach — in cramp colic — and in delirium tremens. Its administration in all was followed by complete relief. In a case of delirium tremens, in which all the ordinary remedies? were used without effect, I attribute the saving the patient's life to the administration of chloroform." Fort Scott, Missouri. Jos. K. Barnes, Assistant Surgeon U. S. Army, says, " both ether and chloroform h-ive been, and continue to be used as anaesthetic agents by myself and others in army practice. The use of chlo- roform, under m^- immediate notice, has been confined to its anaes- thetic effects during surgical operations of some magnitude, in which freedom from pain on the part of the patient was considered conducive to safety and celerity in operating. No medical officer is likely to be without them.'' Fort Dodge, Iowa. Charles C. Keeney, Assistant Surgeon U. S. Army, says "ether and chloroform are both used as anaesthetic agents in the army. They are used to a great extent in neuralgic diseases, and in am- putations of the extremities, and extirpation of various tumors — all with remarkable o^ood effect in annulling sensation and volun- tary motion. Where I have been stationed they have been used to a great extent." Fort Ripley, Mi>^nesota Territory. J. Frazier Head, assistant Surgeon U. S. Army, uses them, and says, " as in many important opejations in surgery the nervous shock, resulting from the pain experienced, is an element of great importance in determining the issue of the case, an agent which removes this element with comparative safety, and no bad influence to counterbalance this advantage, cannot fail to diminish the mor- tality attendant upon such operations." 161 U. S. Naval Hospital, Portsmouth, Va, N. C. Barrabino, Surgeon U. S, Navy, says ether and chloro- form is used both in the army and navy, and is decidedly of the opinion that their use lessens morality. Fort McIntosh, Loredo, Texas. G. Pierce, Assistant Surgeon U. S. Army, uses them, and says, " I am inclined to form a very high opinion of chloroform as a remedial aoent." r> Fort Webster, New Mexico, May 27, 1852. Sir : It gives me pleasure, in compliance with your request, to enclose to you the accompanying table. My experience in the larger amputations is, you will perceive, small, but favorable in the highest dtgree to the good effects of etherization. Wishing your success, " I am, very respectfully, your obedient servant, WILLIAM A. HAMMOND, Asst. Surgeon JJ. S. A\ Dr. W. T. G. Morton, Washington, D, C. Fort Duncan, Texas. All my experience regarding ansesthetic agents has been in par- turition, and I can assure you that the effect has always exceeded my most sanguine hopes. GEO, E. COOPER, Jisst. Surgeon U. S. J2. Baltimore, February 2, 1852. That the discovery of an agent which assuages or annihilates the severe pain often experienced in diseases, necessarily inflicted to a greater or less degree in operations on the human body, and generally incident to the condition of the female in the act of par- turition, should, at the very first blush, commend itself to the ac- ceptance of all mankind, and that the discoverer of such an agent .should be regarded as having conferred the highest earthly boon on afflicted humanity, are propositions too obvious to need the slightest argument to enforce tbem. Whether ether or chloroform is used in the army for anaesthetic 11 162 purposes, I have no means of knowing, but it is certainly so used in tlie practice of the navy. I am, sir, respectfully, your obedient servant, J. BEALE, M. D. Surgeon tl, S. Jfavy. To Hon. W. H. Bissell, Chairman, Src. Naval Rendezvous, New Youk, February 7, 1852. By most of the medical profession these agents are highly ap- preciated, and it is believed that Mr. Morton, who made public his discovery of the anaesthetic power of ether, is deserving a pub- lic reward. T have the honor to be, very respectfully, Your obedient servant, D. S. EDWARDS, Surgeon U. S. JYavy. To Hon. W. H. BissELL, Chairm,an, Src. Erie, Penn., January 30, 1852. I should hold myself bound to use sometimes the one, some- times the other, in various conditions of disease and injury. WM. MAXWELL WOOD, Surgeon U, S. Jfavy. Norfolk, February 4, 1852. Chloroform or sulphuric ether are used in the naval service as an ansesthetic agent. They are principally used in the naval service to lessen pain, and enable a timid or excitable patient to undergo an operation. JAMES CORNICK, Surgeon U. S. Jfavy. Philadelphia. That they are used in the army and navy. I think they dimin- ish mortality, DANIEL EGBERT, Surgeo-n U. S. Jfavy. ■ 163 Philadelphia. 1 have used chloroform as an anaesthetic agent in my practice m the navy. J. HOPKINSON, U. S. Jfavy. U. S. Ship Pennsylvania, NoRroLK, Va. D. B. Phillips, Assistant Surgeon United States Navy, uses them, and speaks of them in the highest terms. Anna POLLS. Md. My experience has been, as yet, limited to some sixteen surgical cases. In preventing the sufferings of surgical operations, I con- sider chloric ether entitled to rank as the crowning medical dis- covery of the day. The cases in which I used it were for the removal of cancerous breasts, and large tumors situated in delicate parts. I should strenuously recommend its introduction on board of our vessels of war. NINIAN PINKNEY, Surgeon U. S. JSTavy. U. S. Naval Hospital^ Chelsea. They are both used as ana3sthetic agents in the navy. S. RUDENSTEIN, U. S. jYavy. U. S. Ship Pennsylvania, Norfolk, Va. Chloroform is used in the navy. Its use has been confined to amputations and other painful and protracted surgical operations, and with decided benefit. D. B. PHILLIPS, Assistant Surgeon U. S. JV'avi/. Philadelphl^. Ether and chloroform are both employed as anaesthetic agents m the United States Navy. Diminish mortality in a very notable proportion. JOHN O'CONNOR BARCLAY, Passed Mmstanf SurQecm U, S. JWivy, 164 U. S. Navy Yajrd> Gosport, Va. Samuel BarriDgton, Surgeon United States Navy, says they are used in the army and navy. U. S. Steam Frigate San Jacinto, Gosport, Va, 1 have witnessed the use of ether and chloroform as anaesthetic agerits in the navy. These agents have been very generally em- ployed in a great variety of cases, and with favorable effect. JOHN H. WRIGHT, Passed Jlssistant Surgeon U. S. JVavy. U. S, Naval Rendezvous, Boston, January 30, 1852. I have seen chloroform used in the navy. * * * x would use it in all surgical operations when it was desirable to prevent pain. GEO. MALTSBY, U. S. jY. U. S. Marine Hospital, St. Louis. My impression is, that they are used in the army and navy, to a considerable extent ; my impression being derived from an ac- quaintance with many of the medical staff of those branches of the public service, from their publications in the medical journals of the country, and from their known disposition to keep pace with the progress of science. They are regarded as one of the greatest gifts that science could lay on the altar of humanity. They have now been used on })erha]is millions of persons, indiscriminately, in both hemispheres. CHAS. A. POPE, U. S. J\: U. S. Marine Hospital, New Orleans, Feb. 17, 1852. As regards the use of anesthetic agents, we have invariably employed chloroform in operations ; also for perineal section, for stricture of the urethra, and minor surgery, without any unplea- sant results, and I think with more favorable convalescence. P. B. McKELVY, Principal PhyMcian and Surgeon. 165 Dr. J. H. Hopkinson, U. S. navy, uses chioroform. Wm. Lowber, U. S. navy, says ether and chloroform are used. John H. Wright, passed assistant surgeon U, S. navy, uses them. r. E. Phillips, assistant surgeon, U. S. navy, has used them. John L. Fox, surgeon U. S. Naval Hospital, Chelsea, says he has used them. John L. Burtt, U. S. navy, U. S. Naval Hospital, N. Y., uses chloroform. Geo. Blacknall, surgeon U. S. navy, Norfolk, Ya.^ says they are used. Wm. A. Nelson, M. D., U. S. navy, says it is used in the navy. D. S. Edwards, surgeon U. S. navy, says ether and chloroform are used in the navy. Charles S. Tripler, surgeon U. S. army. Fort Gratiot, Mich., uses them. R. O. Wood, surgeon U. S. army, says it has been used in the army. A. S. Wotherspoon, assistant surgeon U. S. army — Surgeon General's Office — bears testimony to its high value. Josiah Simpson, assistant surgeon U. S. army. Fort Wood, New York harbor, uses ether. Dr. Macklin, assistant surgeon, U. S. army, uses ether. L. D. Williams, Havre de Grace, says anaesthetic agents are used. Ebenezer Swift, surgeon U. S., Fort Martin Scott. Texas, uses; ansesthetie agents. Dr. J. N. Schoolfield, Marine Hospital, Norfolk, Ya., uses anaesthetic agents. ■•■■ 166 Dr. Henry S. Leveret, U. S. Marine Hospital, Mobile, use® ansesthetie agents. Dr. WilliaiQ Ingalis, U. S. Marine Hospital, Chelsea, Massa- chusetts, uses ana)sthetic agents. Dr. M. L. Hewitt, U. S. Marine Hospital, Cleveland, Ohio, uses them. Alexander H. Hassier, Texas, assistant surgeon U. S. army, uses anaesthetic agents. Thomas H. Williams, assistant surgeon U. S. army, Fort North, Texas, speaks highly of them. T. C. Madison, U. S. army, uses anassthetic agents. Extract of a letter Jrom Henry J. Bowditch, Physician of the Massachusetts General Hospital. Boston, January 4, 1'852. 1 presume that the discovery of the ansesthetic properties of ether, and its practical application to Medicine, will take a rank quite equal to that of vaccination. To no one does the world owe so much for this practical application, as to Dr. Morton. In fact I am fully convinced that had it not been for the boldness of that gentleman, the world to the present hour would have been igno- rant ©f these peculiar adaptations of ether to alleviate human suffering. I say boldness 7iow. In former times, however, I said rashness; for I believe I may say, without fear of contradiction that the medical profession, as a body, would have feared death as the result, from experiments such as are now made daily with- out the least fear. Dr. Morton has convinced us from error. Doubtless he received suggestions from other similar experiments, made by several individuals, but to his indomitable perseverance do w^e finally owe all the essential good which the discoverer has bestowed on man. I hope, therefore, that Dr. Morton will receive a tribute of re- spect from Congress, that shall be commensurate with the great benefits that he has bestowed upon the nation. I remain, very respectfully, yours, HENRY I. BOWDITCH Hoh. W. li. BiSSELL. 167 Extract of a letter from Henri/ J. Bigelow, Professor in Harvard University^ and Surgeon in Massachusetts General Hospital. Boston, January 3, 1852. I trust that Dr. Morton will now at last receive a substantial and liberal return for his discovery that ether can annul pain; 1. With safety — with less risk, for example, than everybody daily encounters either in walking or riding ; 2. With certainty in every case. I have the honor to be, respectfully, your obH. servant, HENRY J. BTGELOW. W. H. BissELL, Chairman, ^c. Extract of a letter from James Jackson, M. D., Prof essor Eme- ritus of Theory and Practice of Physic in the University at Cambridge, Honorary Member of the Royal Medico-Chirurgi- cal Society of London, Src. Boston, January 5, 1852. " I have, nevertheless, watched the new use of ether and chlo- roform with great interest from the first annunciation of this dis- covery by Dr. Morton ; and I will say, in general, that it would be difficult to exaggerate the benefits of these ansesthetic agents. The great and undoubted benefits of ether are shown in surgi- cal and obstetric practice ; and I believe these are such as to en- title the discoverer of its good effects, when employed by inhala- tion, to a very large reward. I am, sir, very respectfully, your obedient servant, JAMES JACKSON. Hon. W. H. BissjELL. la a communication to the former committee of the House, Dr,. Jackson says : "In my opinion Dr. Morton is entitled to a grant from Congress for the ether discovery, more than any and all other persons in the world." Extract of a letter from Richard Girdler, M, D. Boston, January 27, 1852. I was present at those operations when ether was first admin- istered at the hospital ; saw its effects with admiration and aston- ishment, and am witness to its successful application almost every day ; and hope the committee will report favorably upon the just 168 claims of Wm. T. G. Mortorij who, I believe, is entitled to the merit of the discovery, and conseq\ientIy should receive a fitting Te:ward. Very respectfully, sir, your obedient servant, RICHARD GIRDLER, Superintendent Massachusetts General Hospital, Hon. W. H. BissELL. Extract of a letter from George Hayward^ M. D., Professor of Harvard University, and Surgeon in Massachusetts General Hospital. Boston, January 8, 1852. I cannot close this letter without saying, that I regard sulphu- ric ether, the agent first used by Dr. Morton, as by far the best anaesthetic agent ; that I believe the world is indebted to him for its introduction into practice by proving by actual experiment, what was not before known or generally believed, that it could be inhaled with safety. I certainly regard this discovery as one of the greatest of the age, and think that Dr. Morton is entitled to a liberal grant from our country for the benefit that he has conferred on the human race. I am, with much resnect, your obedient servant, GEO. HAY WARD. Hob. W. H. Bissell. Extract of a letter from Thomas P, Jackson. Boston, February 4, 1852. I consider the discovery and introduction of sulphuric ether as an ansesthotic agent to be second to no discovery in medical sci- ence, not even to the discovery of vaccination, and that we arc solely indebted for its introduction by Dr. Wm. T. G. Morton. My opinion is that no compensation Congress can confer on Di, Morton will equal his deserts, and I really hope that for once a deserving man may receive his recompense dming his life, instead cl having a monument erected over his grave. I would say, in conclusion, that I have not the slightest acquaintance with Dr. Morton, and that I believe it is the general wish of the profession in this vicinity that Dr. Morton shall receive some remuneration for the benefits he has conferred on suffering humanity. Yours respectfully, ' THOS. p. JACKSON, M. D. Hon. W. H. Bissell. 169 Extract of a letter from Dr. Putnam. Boston, February 14, 1852. In regard to the estimate m which I hold it, (ether,) I cannot, perhaps, give a more satisfactory proof than by stating that, im- mediately after my first experiments, I insisted on Dr. Morton's acceptance of a small sum of money in acknowledgment of my personal obligation to him, and as an earnest of what I consid- ered to be his due from the whole community. With great respect, I am yours, CHAS. G. PUTNAM, M. D. To the Committee. Extract of a letter from Augustus A. Gould, M. D. Boston, January 15, 1852. I cannot but hope that Congress will do something noble in this case. Other nations have already bestowed honors and emoluments upon those they have deemed entitled in testimonial of their appreciation of this, the greatest boon which has yet been granted to the keenest sufferings of mankind. And it is not seemly that our own nation should pass by in silence one of the greatest and most universally applicable discoveries which the world can boast of. The person or persons instrumental in bestowing it de- serve substantial reward. I have happened to know every step in the early introduction of the use of ether as an anaesthetic agent. And I am familiar with the odium, the denunciations, and the persecutions, and threatened persecutions which were so liberally showered at its introduction. They came from honest men, whose experience had led them to apprehend serious danger. But with firmness of purpose, disregard of threats, and no lack or stint of expense, the demonstration was soon complete, and all rational opposition has long since been silent ; and now it is not only a subject for national pride and national gratitude, but it commands and re- ceives the gratitude of the world. Very respectfully, vour obedient servant, AUGUSTUS A. GOUIJ). Hon. W. H. BissELL. 170 Extract of a letter from Albion S. Dudley, M. D. Boston, February 3, 1852. Dr. Morton certainly was the first in this city to reveal the anaesthetic effects of the sulphuric ether to the public, and suc- cessfully introduce it into the Massachusetts Medical College, to my certain knowledge, I have the honor to be, jours respectfully. ALBION S. DUDLEY. To the Hon. W. H. Bissell. Extract of a letter from A. L. Petrson, M. D. Salem, January 17, 1852. I have toiled through five and thirty years of medical, and es- pecially surgical practice, in a dense population, during most of the time in conscious need of some pain-destroying remedy, and I hail the discovery of the application of the properties of ether with devout gratitude to a beneficent Creator, who has vouch- safed such a blessing to suffering humanity ; and with sincere thankfulness to Dr. Morton as being the efficient and fortunate agent by whose means it has been placed in the hands of the medical profession. For although the inhalation of ether, to pro- duce intoxication, may not have been a new idea previous to Oc- tober, 1846, yet Dr. Morton, at that time, partially demonstrated its safety, utility, and applicability, in making surgical operations painless, and was the procuring cause of its being now employed by all classes of medical practitioners, in taking away that dread of human nature — pain. I have the honor to subscribe myself, very respectfully, ' A. L. PEIRSON. Hon. W. H. Bissell. Letter from J. F. May^ Professor of Surgery, JYational Medical College, Washington. Washington, February 10, 1852. Sir : I have received your circular requesting of me an an- swer to the following inquiries : 1. Is ether or chloroform used as an anaesthetic agent in your Institution ? 2. If used, to what extent, in what classes of diseases or of operations, and with what effect ? 171 0. What, in your opinion, is tlieir effect in diminishing tnor- taiity ? 4, To what extent, in what classes of cases, and with what result are they used in private practice in your vicinity ? 5, In what appreciation are they held by the medical faculty within your knowledge ? I reply : 1. Chloric ether is always used by me and my colleagues, as an aucesthetic agent, in every operation of any importance that is performed in the Washington Infirmary, of which Institution I am one of the surgeons. 2» For more than three years I have constantly used it, both in hospital and private practice, and it has never, in a single in- stance, disappointed me in producing insensibility to pain, and 1 have never found its administration to be attended or followed by any serious result. I have given it at all ages, from the tender infant to the old andinfirm man, and from a few moments to more than an hour at a time. I have performed under its influence many of the most important and capital operations of surgery ; among which I may mention lithotomy, strangulated hernia, the removal of tumors from various regions, the different amputations of both the upper and lower extremities, from the removal of a lina:er to disarticulation of the hip joint, &c. 3. I am perfectly convinced that the use of anaesthetic agents has greatly diminished the mortality of surgical operations, and I am prepared to say further, that I would almost as soon think of amputating a limb without previously compressing its princi- pal artery, as to perform a difficult and dangerous operation without first putting the patient in an anaesthetic state. I con- sider it, in fact, so important an element to the success of the surgeon in severe and formidable operations, by preventing all shock to the systen, that I think he ought to decline any opera- tion of magnitude and danger, should he meet with a refusal on the part of the patient to be subjected to its influence. But for- tunately there are few who are not only willing, but anxious to be soothed by the magic spell which, to the victim, robs surgery of nearly ali its terrors, and to the surgeon brings pleasure, from tiie knowledge that he inflicts no pain. 4. I believe that all important surgical operations in private practice in this vicinity, are performed under anaesthetic influence, and with the results that I have already mentioned. 6, 1 believe that the medical faculty throughout the civilized world, where an8esthesia has been introduced, consider it to be one of the greatest boons that has ever been given to suffering man ; and believing Dr. Morton to be its discoverer, I trust he 172 will receive from the Government a compensation commensurate with the immense benefit it has conferred upon the human race. I have the honor to be, very respectfully, &c., JNO. FRED'K MAY. Hon. W. H. BissELL. Extract of a Utter from Alex, H. Steevens^ M. D. New York, January 5, 1852. Without the slightest knocvledge of Dr. Morton, or of any one connected, or claiming to be connected with this discovery, and without assuming that he is mainly the discoverer, which 1 yet believe, I take leave to state that the claims of scientific discoverers to reward is a strong one. The community is taxed by patent rights for inventions to the amount of many millions annually. The men of science paying themselves a part of these taxes, and bringing to light, by their unpaid labors, scientific discoveries from which these inventions in a great measure take their rise, are left entirely, in this country, without any reward whatsoever. In Europe they are rewarded, besides that they are supported by salaries attached to their mem- bership of scientific institutions. In view of these considerations, and looking not only to what is just as between science and government, but what is, in a very high degree and altogether beyond the appreciation of unlearned men, expedient, as respects the interests of the government, liberal rewards should be given for unpatented discoveries. With very great respect, I am, very truly, your ob't serv't, ALEX. H. STEEVENS. The Hon. W. H. Bissell. P. S. From an official connection with the three great hospitals in this city, embracing about 3,000 patients, I am enabled to state that anaesthetic agents are generally used in puerperal cases, in painful chronic diseases, in the reduction of fractures and disloca- tions, and in other capital surgical operations, many of which are rendered more successful, and not a few only practicable by their use. I consider it the greatest discovery in medicine since that of Jenner. It is to the healing art, what steam navigation, electro- magnetism, and railroad travelling, are to commercial and social communications. A. H. S. 173 Extract of a htttr Jrom Hugh H. McGuire, M. D. Winchester, Va. 1 regard the discovery of ancesthetic agents the most important discovery made in Surgery for the last century. It is also en- tirely American, for although attempts have been made for a long time to destroy sensibility to surgical operations, no approxima- tion was made to it, until it was discovered in Boston, that sulphuric ether would produce total insensibility. Now it has been the practice in all enlightened countries to reward important discoveries in a very liberal manner ; I do hope that an American Congress will not fail to follow the example. The use of these agents have become so common and general throughout Europe, that a late distinguished Professor, of Philadelphia, during a visit to Europe, was constantly asked, if it was possible any surgeons in America could be found opposed to them. I have no hesitation in stating that not only is pain avoided, but many lives saved by their use, for the nervous shock, in consequence of serious operations, not unfrequently ends in death. This is avoided by anaesthesia. * *= * It v/ould be just and proper to make him a liberal pension for it. It would not only be an incentive and stimulus to further discoveries in this extensive field of sience, but redound to the credit of the Government, here and abroad. Very truly, your friend, HUGH H. McGUIRE, Hon. Chas. J. 5'aulkner,. Prof, Surgery. Jacob Bigelow, M. D., President of the Academy of Arts and Sciences, Professor in Harvard University, and Physician to Mas- sachusetts General Hospital, in a letter to Hon. W. H. Bissell, says: ^*It is considered by myself, and by the more intelligent part of my medical friends, as the most important medical dis- covery of the present age." In an article published in the Medical and Surgical Journal of July 7, 1847, he says: ''In the case of Dr. Jackson, if he did make the discovery in 1842, as asserted, or even later, he stands accountable for the mass of human misery which he has permitted his fellovz-creatures to undergo, from the time when he made his discovery to the time when Dr. Morton made his. In charity, we preler to believe, that, up to the latter period, he had no defi- nite notion of the real power of ether in surgery, having seen no case of its application in that science." 174 Letter from Profetsor Simpson^ the discoverer of Chloroform* Edinburgh, J^overnber 19, 1847. My Dear Sir : I have much pleasure in offering, for your kind acceptance, the accompanying pamphlet. Since it was published we have had various other operations performed here, equally succesful. I have a note from Mr. Liston, telling me also of its perfect success in London. Its rapidity and depth are amazing. In the Monthly Journal of Medical Science for Sept ember , I have a long article on etherization, vindicating your claims over those of Jackson. Of course the great thought is that of producing insensibility ; and for that the world is, I think, indebted to you, I read a paper lately to our society, showing that it was recom- mended by Pliny, &c., in old ^imes. With very great esteem for you, allow me to subscribe myself, Yours very faithfully, J. Y. SIMPSON. Dr. W. T. G. AioRTON. Extract of a letter from J. Parkman, M. i)., of Boston. Life may also be saved from the more ready submission of the patients to necessary operations_, since they can be assured that they are painless. And inasmuch as pain and spasm .do destroy life, it is fair to presume that agents relieving these must diminish mortalit^^ In private practice in this city anaesthetic agents are in univer- sal use in all surgical operations, and also in all the operations of midwifery . They are in quite general use in all diseases requir- ing an antidote to pain and spasm, as one of the means to allay them, and some practitioners use them in all cases of child-birth. I remain, very respectfully, J. PARKMAN, One of the Surgeons of the Jdass. Gen. Hospital. Hon. W. H. BissELL. Extract of a letter from S. D. Townsend, M. D., of Boston. It has been used almost daily for diseases of a spasmodic and painful character, and in all surgical operations, with the effect of relieving pain and annihilating perfectly all suffering in surgi- cal operations. I believe it diminishes mortality, by relieving spasmodic diseases, and preventing the severe shock of surgical operations. In private practice it has been used to the same ex- 175. tent, and in the same classes of cases, and with the same result as occurring in the Massachusetts General Hospital, with the addi- tion of cases of midwifery, in which it prevents the sensation of pain, without retardina^ delivery. Very respectfully, your obedient servant, S. D. TOWNSEND, One of the Surgeons of the Mass. Gen. Mospital. Extract of a letter from S. Mason Warren, M. I)., of Boston. Sulphuric ether and strong chloric ether, are used at the Mas- sachusetts General Hospital. Chloroform is not used. The above substances are used in almost every surgical operation, and in many diseases attended with severe pain. I have seen them exhibited in more that two thousand cases, including hospi- tal and private jDractice, and never with any bad result. By pre- venting the severe shock to the system in surgical operations, it is probable that they have an influence in diminishing mortality. In surgical operations in private practice, I have used the chloric and sulphuric ethers, principally the former ; also in many obste- tric cases, and to relieve suffering in painful diseases, often as a subslitue for opium ; and I believe them to be used by most other practitioners of Boston and the vicinity, for the same purposes, and with a satisfactory result. Very respectfully, yours, S. MASON WARREN, One of the Surgeons of the Mass. Gen. Hospital. Hon. W. H. BissELL. Extract of a letter from John Ware, M. D., of Boston. Their most important use is in the practice of midwifery. They are employed very generally in severe, protracted, and dan- gerous cases. My belief is, from my own experience, and from the concurrent testimony of all practitioners with whose opinions I am conversant, that they not only diminish, and sometimes anni- late, the suffering which is attendant on parturition, but that they lesson also the dread of it, which is so strong a feeling in the minds of females ; and further, that they render patients less liable to the subsequent ill effects of severe labors, especially those in which the use of instruments are necessary. I have employed or seen them employed in asthma, in croup, in convulsions of children and adults, in neuralgia, in the spas- i^ 176 modic affections of fever, and in many other cases of a more in- definite character, into the description of which it is not now ne- cessary to your purpose to enter. I have also employed them with signal advantage to ajleviate the sufferings which occur to- ward the close of life, or in the act of death, in patients who have irrecoverable diseases. Their introduction is regarded by all practitioners within my circle of acquaintance, whose opinions I should regard as of value, as the most important discovery in practical medicine and sur- gery which has been made since that of vaccination by Dr. Jenner. I am, very respectfully, vour obedient servant, JOHN WARE. Hon. W. H. BissELL, Extract of a letter from J. S. Jones ^ M. D,^ of Boston. In the private practice in my vicinity the use of these anaes- thetic agents is quite common in dentistry, in midwifery, and scarcely any operation of surgery is performed without its use. The reduction of dislocations and the adaptation of fractured bones, are materially aided by the effects of ether, besides the freedom from suffering enjoyed by the injured person when under its effects. Respectfullv, yours, J. S. JONES. Hon. W. H. BissELL. Extract of a letter from Z. B. Adams , M. D.j of Boston. It is almost uniformly used, both in public and private practice, in dentistry, in midwifery, and in all surgical operations ; also to cause muscular relaxation in the reduction of hernia ; has been eminently successful in cases of convulsions after delivery, and in alleviating excruciating pain caused by the passage of calculi through the ureters. It is an exceedingly rare thing to hear of of any dangerous or even serious effects from the use of either ether or chloroform. The good effects are almost incalculable. Very respectfully, your obedient servant, Z. B. ADAMS. Hon. W. H. BissELL. 177 Extract from a letter written by Dr, John Jeffries, Physician to the Massachusetts General Hospital. For my opinion of the benefits bestowed upon the wofld by Dr. Morton, please allow me to refer you to a note addressed by me to the Hon. R. G. Winthrop : *' Dr. Morton, who visits Washington to seek some remunera- tion from Government for the benefit which he has conferred upon the country by the introduction of sulphuric ether, requests me to express to you my opinion (which I do most unreservedly) that the world is indebted entirely to Dr. Morton for the intro- duction of this agent to produce insensibility to pain, and that it is a physical blessing not second to any that has been conferred upon suffering humanity. ^^ I sincerely hope that Dr. Morton will receive some remuner- ation for his very great benefaction. " With high respect, your obedient servant, JOHN JEFFRIES. "Hon. R. C. Winthrop, " Speaker of the House of Representatives.^^ Oliver W. Holmes, the distinguished poet, and a physician to the Massachusetts General Hospital, held the following language in an opening address of the Medical College, Boston : "' The knife is searching for disease, — the pulleys are dragging back dislocated limbs, — nature herself is working out the primal curse, which doomed the tenderest of her creatures to the sharp- est of her trials ; but the fierce extremity of suffering has been steeped in the waters of forgetfulness, and the deepest furrow in the knotted brow of agony has been smoothed forever." Again, in a communication to the Hon. Isaac E. Morse, he says: " It is a notorious and wholly undisputed fact that Dr. Morton in person instituted the first decisive experiments, at the risk of his reputation, and with a courage and perseverance, without which, even had the idea of the possibility of such effects been entertained, the world might have waited centuries or indefinitely before the result was reached. *' It is well known that Dr. Morton, instead of profiting by his discovery, has suffered in mind, body and estate, in consequence of the time and toil he has consecrated to it. 12 ■m 178 "I have no particular relations with Dr. Morton^ and no inter- est in common with him to hias me in my opinion and feelings. But, remembering what other countries have done for their public benefactors, and unwilling to believe that a rich and prosperous republic cannot ajfford and will not incline to indulge its gratitude whenever a proper occasion presents itself, I have addressed you this line to tell you that I think now is the time and this is the man. "O. W. HOLMES." '' Hon. Isaac E. Morse." Extract of a Utter from Geo. B, Loring, M. D., Salem, Mass. It is one month since I had charge of the Marine Hospital, Chelsea, Massachusetts ; and any statement based on personal experience, must be founded upon my practice there. In all operations, in all painful natural processes, in all diseases attended with great local sniFering, the intelligent and philan- thropic physician avails himself of the great blessing. And while so much suffering is relieved, it cannot be doubted — in fact it is satisfactorily proved that mortality attending these operations^ precesses and diseases, is materially diminished. As the interrogatories addressed to me have grown out of a* inquiry into the "claims of Wm. T. G. Morton, of Boston, to the merit of the discovery," it may be proper to state to the committee that its credit has been from the earliest date, almost universally accorded to Dr. Morton, by those of the profession who have given it their careful investigation. During its de- velopement, the surgeons and officers of the Massachusetts Gen- eral Hospital examined it merits, under the special guidance of Dr. Morton, and with a full recognition of his sole agency in the practical experiments which were leading to its establishment. And now that those events have passed into history, the Historiae of the hospital records as a fact, fixed by all reliable testimony, that Dr. MortCn is the discoverer. It should be borne in mind that this is the verdict of the im- mediate locality in which the discovery was made ; and any recog- nition from abroad of Dr. Jackson's claims to it is no more than should be expected from the scientific world, towards any perti- nacious and untiring claimant, holding his high position, be the claims true or false. GEO. B. LORING. Hon. W. H. BissELL. 179 Extract from a letter written hy Dr. Francis Boott, of London, I was much interested in the discussion of the ether question, and entirely agree with you in your conclusioti. I should say, as in the case of the yacht-race, " Morton is first, and Jackson no- where.^^ I am glad to find you are making a gallery of portraits of your benefactors and distinguished medical men, and Morton's should be among them. I still hope Congress will reward him. Hon. W. H. BissELL. Extract of a letter from S. Paris, M. D., of Greensboro^ Alabama. The medical faculty appreciate it highly, and seem at a loss to know how they would practice without it, nor could a man be sustained by his medical brethren or the community, who would refuse to use it. In fine, it is to the medical profession the greatest discovery of modern times, hardly excepting quinine. Very respectfully, S. PARIS. Hon. W. H. BissELL. Extract of a letter from James Jiyer, M. D., of Boston. The cases in whieh they are more especially employed, are in nearly all surgical operations where suffering is an attendant ; in surgical diseases generally painful, and frequently protracted. They are also used in diseases of a spasmodic character, as cholera, cramps, colic, asthma, and in rheumatism and neuralgia. A great variety of cases in midwifery, as well as hysteria and convulsions, and many other painful diseases which might be added to this list, are very essentially relieved by these remedies. Your obedient serva»it, Hon. W. H. BissELL. JAMES AYER. E3>traet of a letter from P. M. Crane, M. D., of East Boston. In nearly all the operations of surgery which are likely to be attended with pain, either chloric ether, sulphuric ether, or chlo- roform, are used. So uniform is the belief in their utility, that no surgeon at the present time would do without them. In ob- xoO stetric practice they are also extensively used where cases occur requiring instrumental interference, but are not much employed in natural labor. With much respect, P. M. CRANE. Hon. W. H. BissELL. Extract of a letter from Joh^ H. Dix. M. D., of Boston In ail painful operations -upon the globe ol the eye and its ap- pendages, these agents afford incalculable relief, both physically and mentally. The severe operations upon the internal texture of the globe of the eye, not in themselves painful, but requiring for their satisfactory performance absolute immobility of the organ, these agents insure what, in young subjects especially, was heretofore only approximated to. In the few operations of ophthalmic surgery which endanger life, I find from the use of these agents a diminished tendency to inflammatory action within the cranium, and therefore iess hazard to life. In aural surgery, though not frequently required, anses- thetic agents are of great value, chiefly in the removal of morbid growths from the external or internal ear. I believe that no other discovery in the whole range of medicine and surgery, (with the exception, perhaps, of vaccination,) has in the same time contributed so much to relieve suffering and prolong life. Yours, respectfully, JOHN H. DIX. Hon. W. H. BissELL, Extract of a letter frorii John Appleton. M. D., West Kewhurg, Mass, I have lately observed good effects follow the inhalation of chlo- roform during a paroxysm of severe suffering from dysmenorrhcea, in which relief was almost instantaneous. It is, however, in obstetric practice that I have most frequently used these valuable agents, and I regard their usefulness in thtt jelation, as among the most valuable results of their discovery. Respectfully, yours, &c., JOHN APPLETON. Hon. W. H. BissELL. 181 Extract of a letter from Z. B. Morse^ M. D., Boston, Mass, They are used in most cases of important or capital surgery, in many cases of delirium tremens, tetanus, and similar neuralgic diseases, and in dental surgery ; also, by some of our medical practitioners in common use in midwifery. It diminishes mortality in three ways : 1st. In severe surgical operations, by the entire relief from nervous excitability and re- action which attend them ; 2d. By giving time for the use of the imtfe, and the careful completion of a dangerous operation, in the perfect quietude of the patient; 3d. The rest secured by some pa- tients in certain neuralgic diseases, which if not attained, death is the result. I am, sir, your obedient servant, L. B. MORSE. Hon. W. H. BissELL. Extract of a letter from L. H. AAersoiiy M. D., Sumpterville, Alabama > I think ansesthetics diminish mortality in two ways : 1st. By preventing the shock of pain on the nervous system; 2d. By se- curing perfect immobility of the patient, and enabling the surgeon to operate more safely and exactly. I am, very respectfully, your obedient servant, L. H. ANDERSON, M. D. Hon. W. H. BissELL. Extract of a letter from S. Blanding, M. D., Columbia, S. C Its use has induced patients to submit to the knife early, when otherwise they would have resulted fatally. I consider it one of the most important discoveries of the age in mitigating human suffering, and often in saving life. I have the honor to be, yours, &c., S. BLANDING. Hon. W. H. BissELL. 182 Extract of a htter from William Ellis, M. B., Oglethorpe, Ga. It is my deliberate opinion, founded upon experience, that their effects in diminishing mortality is more than fifty to one, for, if properly administered, the effect is to take away all fear from the patient, and absolutely free the nervous system from irritation, and thereby prevent any interruption in the various organs in per- forming their functions naturally and of course healthily. In private practice its most happy and beneficial effects is in obstetrics ; nothing is or can be oif so much value to a woman in labor in proportion to the difficulty attending labor; so is its benefits, and if in no other, in this class of cases alone, it is the greatest discovery in any age of the world for the relief of suf- fering humanity ; deprive me of its benefits, and I should almost, if not altogether abandon my profession. WILLIAM ELLIS. Hon. W. H. BissELL. MEMORIAL OP THE SURGEOIS AND PHYSICIANS OF THE MASSACHUSETTS GENERAL HOSPITAL, AT BOSTON, AND MEMBEBS OF THE MASSACHUSETTS MEDICAL SOCIETY, IN SUPPORT OP THE CLAIM OF W. T, G. MORTON, M. D., FOR THE DISCOVERY OF ETHERIZATION. MEMORIAL. To the Honorable the Senate and House of Representatwes of the United States in Congress assemhkd: The undersigned hereby testify to your lionorable body that in their opinion Dr. William T. G, Morton first proved to the world that ether would produce insensibility to the pain of sur- gical operations, and that it could be used with safety. In their opinion his fellow-men owe a debt to him for this knowledge. Wherefore, they respectfully ask a recognition by Congress of his services to his country and mankind. JOHN C. WARREN, M. D., Senior Surgeon Massachusetts- G-eneral Hospital, and late President American Medical Society^ and Emeritus Professor of Anatomy of Harvard University, GEORGE HAYWARD, M. D., President Massachusetts Medi- cal Society, and Surgeon Massachusetts General Hospital, S. D, TOWNSEND, M. D., Surgeon Mass. Qen. Hospital J. MASON WARREN, M. D., " S. PARKMAN, M. D., " " " " HENRY J. BIGELOW, M. D., Surgeon Massachusetts Qene- ral Hospital, and Professor of Surgery Harvard University, HENRY S. CLARK, M. D., Surgeon MassachuseUs General Hospital, and City Physician, JACOB BIGELOW, M. D., Professor Materia Medica Harvard University, and President of the American Academy of Arts and Sciences, and Physician to Massachusetts General Hospital. OLIVER W. HOLMES, M. D., Professor of Matomy, Har- vard University^ 186 HENRY I. BOY,T}ITCH, M. J),,Fhymian to Mass. aen, Eosp. D. HUMPHREYS STORER, M. D., " " " M. S. PERRY, M. D., " " " JAMES JACKSON, M. D., GEORGE C. SHATTUCK, M. D., JOHN JEFFRIES, M. D., EDWARD REYNOLDS, M. D., Consulting Physicians and Surgeons Mass. Gen. Hospital. WALTER CHANNING, M. D., Professor of Midwifery Har- vard University. JOHN WARE, M. D., Professor Theory and Practice Harvard University. JOHN HO^IANS, M. D., President Suffolk District Medical Society. WM. J. DALE, M. D., one of the Trustees 3Iassa^husetts Crene- ral Hospital. JOHN L. FOX, M. D., Surgeon Naval Hospital, Chelsea. WM. ENGxiLLS, Physicia?i and Surgeon, U. S. Marine Hos- pital, Chelsea, Mass. S. L. ABBOTT, M. D., Admitting Physician Massachusetts Greneral Hospital. HENRY W. WILLIAMS, M. D., Secretary Suffolk District Medical Society. M. H. CHIELDS, President Birkhead Medieal College. GJE^RG^^A^BETHUNE, \MasBaclmsem CharitaUe Eye EDWARD REYNOLDS. j <^rid Ear Infirmary. Jlemhers of Massachusetts 3Iedical Society. Z. B. Adams, M. D. Augustus A. Gould, M. D. John C. Hayden, M. D. Charles Gordon, M. D. Ephraim Burke, M. D. Silas Durkee, M. D. George Bartlett, M. D. Geo. Stevens Jones, M. D. Jonas H. Lane, M. D. Jesse Chicherong, M. D. Anson Hooker, M. D. J. A. Larbett, M. D. Henry Dyer, M. D. Geo. H. Symane, M. D. 187 T. Kandolpli Lincoln, M. D. George Dirby, M. J). Wavour J. Wliitney, M. D. Francis Clienet, M. D. Joseph L. Jones, M. D. Samuel Kneeland, sr., M. D. T, Fletcher Oakes, M. D. Geo. Hubbard, M. D. Chas. W. Mure, M. D. Eichard H. Salter, M. D. Fytche Edward Olwein, M. D. Wm. Ed. Coale, M. D. James W. Stone, M. D. B. W. Newell, M. D. Francis A. Willard, M. D. Wm. Hawes, M. D. Charles Mifflin, M. D. J. Wippasne, M. D. Abm. A. Yfatson, M. D. Aaron P. Rhardson, M. D. Henry S. Ward, M. D. Wm. Bowen Morris, M. D. James B. Gregerson, M. D. Wm. W. Morland, M. D. M. C. Greene, M. "D. Horace Stacy, M, D. Franklin F. Patch, M. D. John H. Oix, M. D. James Ayer, M. D. Jos. J. Fales, M. D. P. Wibrand, M. D. Ezra Bartlett, M. D. S. F. Parcher, M. D. James Hyndman, M. J). Henry S. Lee, M. D. E. D. Cieaveland, M. D. John Stevens, M. D. Ira W. Tobie, M. D. J. Everette Herrick, M. D. N. C. Stevens, M. D. Enoch C. Rolfe, M. D. Henry Willard, M. D. A. Alexander, M. D. D. M. Gowan, M. D. Saml. Morrill, M. D. Alex. S. Butler, M. D. Morris Mattson, M. D. J. C. Sanburn, M. D. Geo. W. Otis, M. D. W. Germaine, M. D. Jas. B. Forsythe, M. D. D. D. Slade, M.D. W. E. Townsend, M. D. John B. Alley, M. D. Geo. H. Gay, M. D. Luther Parks, jr., M. D. Wm. G. Wheeler, M. D. F. H. Gray, M. D. James F. Harlow, M. D. George Russell, M. D. Chas. E. Man, M. D. E. W. Blake, M. D. Edw. H. Clarke, M. D. Samuel Gregg, M. D, E. D. Miller, M. D. C. G. Putnam, M. D. Chas. A. Phelps, M. D. John Odin, jr., M. D. Joseph Reyndlees, M. D. Geo. Hay ward, jr., M. D. Henry Osgood Stine, M. D, G. Newton Thomson, M. D. J. M. Phipps, M. D. Abner Phelps, M. D. Josiah Curtis, M. D. E. D. G. Palmer, M. D. Danl. Y. Folts, M. D. R. L. Hinckley, M. D. J. W. Hinckley, M. D. M. B. Souard, M. D. P. E. Molloy, M. D. Henry Bryant, M. D. Chas. E. Buckingham, M. D. J. W. Warren, jr., M. D. D. D. Smith, M. D. George Power, M. D. William Read, M. D. J. F. W. Lane, M. D. Constantino O'Donnell, M. D. John S. H. Fogg, M. B. Edmund T. Eastman, M. D. Jas. M. Smith, M. D. Edwin Segan, M. D. N. Adams, M. D. 188 Benj. B. Appleton, M. D» David Thair, M. D. A. A. Kettridgue, M. D. J. A. Smyth, M. D. A. J. Gumming, M. D. A. J. Bellows, M. D. Thos. Stearns, M. D. A. C. Webber, M. D. W. W. Wilmington, M. D. Chas. F. Foster, M. D. A. L. Pierson, M. D. William Black, M. D. Geo. Choate, M. D. W. M. E. Prince, M. D. J. a Wood, M. D. James Stome, jr., M. D. E. Cross, M. D. A. S. Adams, M. D. J. T. Galloupe, M. D. Danl. Perlery, M. D. D. A. Johnson, M. D. E. Porter Eastman, M. D. Henry Clark, M. D. Saml. Flagg, M. D. Geo. A. Bates, M. D. Ch. W. Whitcomb, M. D. Joseph Sargent, M. D. Ormal Martin, M. D, Wm. Workman, M. D. John E. Hathaway, M. D. A. S. W. Clean, M. D. C. C. Chaffer, M. D. M. A. Hamilton, M. D. David Wills, M. D. Danl. Hall, M. D. Danl. Howe, M. D. Geo. W. Sandburn, M. D. Jas. Howarth, M. D. J. H. Morse, M, D. Henry Viall, M. D. N. S. Barnes, M. D. 0. S. Boot, M. D. Frank. A. Cady, M. D. 0. E. Brewster, M. D. Nath'l Foote, M. D. Avery Williams, M. D. L. S. Mayhew, M. D. Johnson Clark, M. D. John H. Jennings, M. D. Alex. Poole, M. D. John Taomy, M. D. E. E. Brans, M. D, Benj. Seabury, M. D. Chas. H. Allen, M. D. J. P. Alden, M. D. H. L. Chase, M. D. E. B. Pierson, M. D. Geo. S. Choate, M. D. Geo. A. Perkins, M. D. H. W. Wheatland, M. D. Saml. Johnson, M. D.* Edmund A. Holyoke, M. D, Seth Gale, M. D. James M. Noyes, M. D. John Benton, M. D. Nathaniel Eiiggles, M. D. Chas. M. Weaks, M. D. Edward Newland, M« D. Bufus Woodward, M. D. Henry Sargent, M. D. A. S. Gaurlet, M. D. V. B. Megnault, M. D. Benj. Hayyfood, M. D.. Chas. A. Savory, M. D. . P. G. Kittridge, M. D. C. A, Davis, M. D. J. W. Scribner, M. D. W. D. Lamb, M. D. David Dana, M. D. Wm. H. Kimball, M. D. D. C. Perkins, M. D. A. K Allen, M. D. L. F. Humeston, M. D. Willard Clough, M. D. Clark F. Hall, M. D. N. J. Wilson, M. D. Alfred Bayles, M. D. W. B. Hubbard, M. D. Horace Bowen, M. D. E. Daevis, M. D. Wm. Dickerson, M. D. Dan. King, M. D. Geo. Leonard, M. D. James M. Hartley, M. D. 189 Wm. A. Gordon, M. D. EHjah Colby, M. D. L. D. Stickney, M. D. John H. Mackie, M. D. Paul Spooner, M. D. John 0. Green, M. D. Henry Whiting, M. D. J. P. Jewett, M. D. J. D. PiUsbury, M. D. Benj. Skelton, M. D. Elisha Huntinton, M. D. John W. Graves, M. D. Chas. A. Savory, M. D. Joel*Spalding, M. D. David Wells, M. D. Charles A. Davis, M. D. Ployer G. Kittredge, M. D. Daniel Holt, M. D. Daniel Moore, M. D. J. W. Scribner, M. D. Geo. W. Santom, M. D. Wm. t). Lamb, M. D. David Dana, M. D. J. H. Morse, M. D. James Howarth, M. D. W. H. Kimball, M. D. Thos. R. Boutelle, M. D. Levi Pillsbnry, M. D. T, W. Wadsworth, M. D. W. M. Barrett, M. D. Henry M. Li-nrab, James L. Hunt, M. D. Winslow "\Yarren, M. D. Benjamin Hubbard, M. D. Timothy Gordon, M. D. Jeremy Stimson, M. D. D. P. Wight, M. D. C. Dennelley, M. D. Faster Hooper, M. D. E. J. Learned, M. D. Elisha Huntington, M. D. John W. Graves, M. D. Joel Spalding, M. D. H. Pillsbury, M. D. P. P. Campbell, M. D. L. B. Morse, M. D. Ezra Stephenson, M. D. H. F. Spear, M. D. Robert T. P. Fiske, M. D. Ebenezer Woodwaad, M. D. William G. Pattee, M. D. W. Goddard, M. D. Andrew Nichols, M. D. Joseph Osgood, M. D. David A. Grosvenor, M. D. George Osgood, M. D. James C. Briggs, M. D. Chandler Flagg, M. D. Daniel Gill, M. D. W. C. Boyden, M. D. Charles Haddock, M. D. Ingalls Kithredge, M. D. Isaac P. Smith. M. D. C. H, Hildreth, M. D. Geo. W. Smith, M. D. Benjamin Haskell, M. D, Lemuel Gott, M. D. Oscar D. Abbott, M. D. Henry Bigelow, M. D. Cyrus K. Bartlet, M. D. Simon Whitney, M. D. Allston W. Whitney, M. D. Francis Leland, M. D. Theodore 0. Cornish, M. D. / PETITION OF THE TRUSTEES OF THE MASSACHUSETTS GENERAL HOSPITAL. To the Honorable the Senate and House of Representatives in Congress assembled : The subscribers respectfully represent that they are members of the Board of Trustees of the Massachusetts General Hospital ; that the power of the inhalation of sulphuric ether to produce insensibility to pain during sui^gical operations, was discovered by experiments instituted in this hospital by Dr. William T. G. Mor- ton, and that in their opinion he is entitled to a liberal national reward for the service thus rendered to the country and to man- kind. N. I. Bowditch, Wm. J. Dale, John P. Bigelow, Ed. Wigglesworth, W. S. BuUard, Charles H. Mills, Francis C. Lowell, J. Thos. Stevenson, Thomas Lamb, G. A. Shaw. Amos A. Lawrence, Boston, November 22, 1851. TESTIMONY ESTABLISHING THE CLAIM OF WILLIAM T. G. MORTON, M. ©., ETHEE DISCOVERY TESTIMONY, &c, Boston, March 25, 1847. I, Grenville G. Hayden, of BostoD, in the county of Suffolk, and State of Massachusetts, dentist, on oath depose and say- That about the last of June, 1846, Dr. William T. G. Morton In June, called upon me at my office, No. 23 Tremont Row, and stated ^^^t^/Z/^i't to me that he wished to make some arrangements with me tlmi/ore Doctor would relieve him from all care as to the superintendence of those Jackson's employed by him in making teeth, and all other matters in his ^^/j°«^ °^^'^ office. He stated, as a reason for urging me to superintend hisgl^^io^^^^l affairs in bis office, that he had an idea in his head, connected him,) Dr. with dentistry, which he thought '^ would be one of the greatest ?^^^*/^° ^®" things ever known," and that he wished to perfect it, and give gagecT^^fn liis whole time and attention to its development. Being extremely pursuit of urgent in the matter, I made an engagement with him the same ^^'^^ deside- day, according to his request. I then asked him what his ^* secret" makes a was. "Oh," said he, "you will ktiow in a short time." I still contract insisted upon knowing it, and he finally told me the same night -3^*'^ ^^• —to wit, the night of the last day of June, 1846, aforesaid— that ^^e dTargo ^•it was something he had discovered which would enable him to of his busi- extract teeth without pain." I then asked him if it was not what n^ss, in or- Dr. Wells, his former partner, had used; and he replied, '*' No ! ^^^J^ J^^^^^^^® nothing like it;" and, furthermore, "that it was something that might (giv& neither he nor any one else had ever used." •He then told me he ^^^ whole Lad already tried it upon a dog, and described its effects upon ^"'^^.^^^«^^^- Mm, which (from his description) exactly correspond with the its develop- effects of ether upon persons who have subjected themselves to me?it.'-See its iniiuence, under my observation. All this happened in June, ^^q^^*** 1846. He then requested me not to mention what he had com- spear ' p. municated to me. - 219; Whit- About a month after this, or the 1st of August, 1846,* Dr. ^ll'f{P'^' Morton Sf^ked me where he could get some pure ether, and asked 222 • ' ^* me to go to Joseph Burnett's apothecary shop, and purchase a Wightman, four ounce vial full of ether, which he said he wished to carry P- ^^^5 ^^^^ home with him, he being about to leave town for Needham, p ' ^99,^°^' where he then resided. And about the same time he explained Dana, ' p.' to me the nature and effects of ether, and told me, that if he ^^^' could get any patient to inhale a certain quantity of ether gas, it would cause insensibility to the pain of extracting teeth, and he * Statement by Morton, i?i June, 1846, as to his experiment on a dog. — Pur- chase of ether. — Disclosure, in August, 1846, of the fact that ether was the agent with which he was experimenting. 13 194 See Lea- tried to induce me to take it. Dr. Morton said he had breathed ^^d' Wl?t-^^ himself, and it would do no harm; and he at the same time mac. tried to induce three young men in the office to take the gas. This was in August, 1846. He was continually talking about his discovery to me. From the time I engaged with Dr. M., as aforesaid, he frequently stated to me that he had nearly perfected every department in dentistry, save extracting teeth without pain, and that he was determined to accomplish that also. But to- wards the last of September following, he intimated to me that, in some particulars, his discovery did not work exactly right, and, in my presence, was consulting his books to ascertain some- thing further about ether. Advised Upon this I recommended him to consult some chemist on the i)y Hayden subject. Dr. Morton then sent Francis Whitman to see if Dr. mmv^S^' '^^^^son was at home, but Francis returned and said that Dr. J. to coiisnit"a was not at home. The next day, however, which was about the chemist, last of September, 1846, J)r. M. said that he had that day seen ro^hS^visIt^^- Jackson, and derived from him a hint hj which Dr. M. toDr.Jack- thought he eould remove the only remaining difficulty. Dr. M. son, Sept. said that, in his interview with Jackson, the subject of nitrous SO, 1846. — Q.^j^g gas and of ether gas, and atmospheric air, was freely therefore, ' talked of, as having an effect on the imagination of the patient, that many and various experiments which had been tried v>^ith these gases suggestions q^ students at Cambridge college ; also the experiments of Dr. ttm made Wells and himself together, with the nitrous oxide gas ; but that or many he withheld from Dr. Jackson the fact that he had been experi- /mii.t ?a/'«« ijiej^ting on ether gas before. The same day Dr. Morton told without in- ^^^ ^^"'^^ ^^^ ^^^ j^^^ tried ether again — in accordance with Jack- validating son's hint — on himself, and that he had remained insensible seven. the claim of QY eight minutes by the watch. '^considlled '^^^ ^^^^ successful experiment upon any patient was made as the au- September 30, 1846, by inhaling ether through a folded cloth, thor of the and on that occasion a tooth was extracted without pain. We xnvention.- |.j.jgj repeated experiments with the same means subsequently,. Patents, and they all resulted in total failures. Dr. M. said that Dr. sec. 47. Jackson recommended a certain apparatus, which he lent Dr. ^ Morton from his laboratory, consisting of a glass tube of equal tificate of size throughout, having a neck, and being about three feet long. Prost, the This was likewise a total failure. So far, all our experiments, patient, p. -^Jth one exception, proving abortive, we found that a different apparatus must be obtained ; and it was at this time that Dr. M. procured from Mr. Wightman, of Cornhill, a conical glass tube, with which, by inserting a sponge saturated with ether in the larger end, we had better success, and our experiments began to assume a more promising aspect. Still, our success was not uniform, and far from perfect. At this time Dr. M. suggested that our failures might be owing to the fact that, in all our experiments so far, the patient had 195 breathed the expired vapor back into the vessel, thus inhaling the same over and over. He then stated that the expired air should pass off into the surrounding atmosphere, and wished me to make a pattern for an apparatus by which the air should pas-s into the vessel, combine Avith the ether, be inhaled into the lungs, and the expired air thrown off into the room. The idea, as thus forced upon him, and communicated to me, vras fully elaborated, and corresponds most accurately with the apparatus now in use in this country and in Europe, and for which Dr. M. has applied for letters patent. I replied that he had explained his idea so clearly that he would have no difficulty in directing a philosophi- cal instrument maker to manufacture a proper inhaler at once, without a pattern, and recommended to him Mr. Chamberlain, in School street, to whom he applied accordingly, and who made, as thus desired, the first inhaler. And, v/ith such an apparatus, we have had almost uniform success to this day — the results of which are known to the world. And I will here state that, on the evening of the oOth of Sep- ^i^.^^^*^?S teraber, after the first experiment had been made w^ith success, jackson's Dr. Morton spoke about going to the hospital and using the ether statement there, and thus bring out the new discovery. After several other ^^^* he had successful experiments, the question came up anew, how to intro- Morton^^to duce it to the vf orld, when Dr. M. stated that Dr. Jackson had the hospi- declined to countenance it, or aid in bringing it out, and then he*^^* (Dr. M.) said he would see Dr. Warren, and have his discovery introduced into the Massachusetts General Hospital. He v/ent out and soon returned, stating that Dr. W. had agreed to afford him an opportunity to apply the vapor, as soon as practicable, in the hospital. For more than four weeks alter our first experiment, it v/as See ChaDd- well understood, and often spoken of in the office, that Dr. Jack- ^^' ^-^^^ ' son repudiated all share, pretence of, or interest in, the discovery, p,' ggg f He was never in Dr. M.^'s office during all our experiments, to Gould, p. my knowledge, until the 21st of October, and I never knew that ^^^ ^ (6tb Dr. M. advised vrith Dr. J. as much as with many others, or in rI^h. Eddy fact but once. p. 897. GRENYILLE G. HAYDEN. In corroboration of the statements as to the connection Dr. Morton formed with Dr. Hay den and his object in forming it, see Mr. Dana's letter to Mr. Bowditch, one of the trustees, and that of his kinsman, Francis Dana, jr., M. D., taken from the trustees' report. 30 Court Street, January 8, 1848. My Dear Sir: On the 30th June, 1846, Dr. W. T. G. Mor- See Hay; ton came to my office, in company with Dr. G. G. Hayden, to ^^°^P*-^^^' have a contract drawn, the object of which was to provide, that 196 Dr. Haydeii skouid take the entire charge of Dr. Morton's busi- ness for a time, in order that Dr. M. might be able to give his attention to something else. Dr. Morton did not state what it was that he was engaged upon ; but my impression, founded on my own recollection alone, is very strong, that he said it was something of great importance, Vvhich, if successful, would revo- lutionize the practice ot dentistry. I am entirely confirmed in thrs impression by Dr. F. Dana, whose note en the subject I enclose. It was agreed that I should keep the instrument, and I have it now before me. It bears date June 30, 1846, and was to take effect the next day. The charge in my account books for drawing the contract is of the same date. Truly your friend and servant, RICHD. H. DANA, Jr. -NaTHAXIEL I. BOWDITCH, EsQ. Jaivuary 10, 1848. Jv'o^e enclosed in tke preceding. — Dear Sis : During the sum- mer of 1846, in the course of a conversation on the subject of dentistry, you mentioned to me that Dr. Morton had told you he was engaged upon something of great consequence, which would revolutionize the practice of dentistry. This conversation was during the extreme hot weather of that summer, a long time before the discovery of the effect of ether, in producing insensi- bility during operations, was announced ; I should say, so w^ell as I can judge, betv%'een two and three months. FRAS. DANA, Jr. To R. H. Dana, Jr. I, William P. Leavitt, of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, dentist, of lawful age, being first duly sworn, depose and say, in answer to interrogatories by Richard 'H. Dana, jr., Esq., counsel for William T. G. Morton. 1st. Where is your residence ? how long has it been so ? what is your occupation, and how long have you followed it ? Arts, I reside in South Boston ; my place of business is 23 Tre- mont row, in Boston ; I have been in business there nearly four years ; I am a dentist, and it is about six years since I commemted to learn the business ; I have been in the practice of it nearly four years. 2d. Did you study dentistry under Dr. Morton ? When ? 197 Ans. I commenced studying dentistry with Dr. Morton in March, 1S46, I helieve, and was there nearly three years. 3d. Do you recollect Dr. Grenville G. Hayden ? When did he come into Dr. Morton's otnce, and in what capacity ? Alls, I do recollect him ; he came into Dr. Morton's office the last of June, 1846, as a practitioner of dentistry. 4th. After Dr. Hayden came, w^ho had the chief control of the dental business of the office ? Ans. Dr. Hayden. 5th. How much, if anything, did Dr. Morton himself do, in the dental department, after Dr. Hayden came ? How had it been before ? Ans. I could not say that he did anything after Dr. Hayden came ; Dr. Morton superintended the business in that department before he came. 6th, Do you recollect Dr. Morton's saying anything to y©ii or the other students, about taking out teeth without pain? If yea, please state all the circumstances of the first occasion. Ans» I don't know that I heard him say anything about it mitil This was be came into the office at one time and said, " I've got it." This ^p^ore ^ the was in the back oiBce ; he came in from his front office, where his with T'a^ck- library was, and where he operated, not from out of doors, when son. See he said this : he came into the back office ; his place of business ^elow. See was No. 19 Tremont row ; it was up one flight of stairs ; he had ^!^^J ^^^ two rooms upon that floor ; out of the front room there was a Wightman, small operating room ; in this small room was where he operated ; the front room was used for a receiving room principally ; this small room corJd be closed perfectly from the noise ; the back room w-as used for a laboratory, and for an operating room ; the doctor came in from his front office into the back office, in an animated sort of a way and said "I've got it;" he said "T shall take my patients into the front room, extract their teeth, take them into the back room, put in a whole set and send them off without their knowing it." That is all which I recollect on that occasion. '7th. Was this before or after Dr. Hayden came? How much so ? Do you remember the occasion vfhen a man named Eben Frost had his tooth pulled out ? Was this conversation before or after that, and how long ? Ans. This was after Dr. Hayden came, I think, but am not positive ; I can't say how near it was to that time ; it must have been after Hayden came, because I was absent in the country when he came, and this conversation took place after my return ; I do remember the occasion when a man by the nam^e of Eben Frost had his tooth pulled out ; this conversation w^as before that time, some days, and I should think some weeks, but I am not positive how long before. 198 8tli. What did you first know Dr. Morton to say or do about ether? State ail you recollect, in its order, with ail the circum- stances. Experi- Ans . The first which I heard of ether was immediately after ©rMorton^^y return from the country. It was the Jst of July, 1846: The with ether, first I heard, I believe, was when I was sent after some to Brewer, in July, Stevens & Cushing. I heard Dr. Morton ask Dr. Hayden where 1846. YiQ could procure some pure ether ; this was in the back office. P. 148. Hayden told him that he could get it probably at Brewer, Stevens & Cushing's, on Washington street. He then spoke to me, and asked me to go dovrn, take a demijohn and gQt it filled, and be careful and not let them knovr who it w^as for. I went down and bought the ether, and to make sure, I told him to make the bill for the ether out in the name of some man in the country. I for- get what name I gave him. He did do it, and gave it to me, and I returned to Dr. Morton ; I gave the ether to him. Soon after that he sent me to Dr. Gay's, to ask him if ether would dissolve India rubber; I went, and did not find the place and returned. Dr. Morton sent Frank W'^hitman, his brother-in-law, to Dr. Jackson's, [but Whitman told me that he did not find Dr. Jack- son.] (The part in brackets objected to as hearsay. J. P. P.) 9th. Did you hear Dr. Morton send Mr. Whitman to Dr. Jack- son? if yea, what m.essage did you give? Ans. I did hear him. He asked him to ascertain from Dr. Jackson, if ether would dissolve India rubber. 10th. What Y\'as the next you saw or knew Dr. Morton to do, about ether? Further Ans, The next I heard of it, he sent me and Thomas R. Spear D^°M ^?^* ^^ ^^^ ^ ^^^ ^^ h.^YQ a tooth extracted, under the influence of did not de- the ether. He told me he would give me five dollars if I would rive his find a man to take the ether and have a tooth extracted. I went idea from ^^^ ^,,-^]^ Thomas R. Spear for that purpose, but I did not find son. (See ^ne ; I went down on the wharves. City wharf and Faneuil Hall ans. to 23d market. He wanted a big Irishman, he said, a full, robust man, question.) f^ ^Jjom he could give a good quantity. I returned, and reported so to Dr. Morton. Before this, he had tried to induce me to in- hale the ether. He asked me to take it, and said it was perfectly harmless, that he had taken it himself. I declined doing it. He tried to hire Spear to take it in my presence. Dr. Morton offered him some money. It was five or eight dollars. Spear said he would take it, at the time, I believe, but afterwards concluded not to. 11th. Did you and Spear finally take the ether? If yea, de- scribe all the circumstances. Ans, We did take it. Spear took it first. It was in Dr. Mor- ton's little room, out of the front room, where he kept the ether. 199 ton's littk room, out of the front room, where he kept the ether. It was near the evening. Dr. Morton had gone out of town to his place of residence, Needham. We both of us took it at this time. Spear said he had taken what he supposed to be the same, at the Lexington Academy, something like exhi-larating gas. We inhaled it from a sponge in the inhaler. 12th. State what you know of Mr. Eben Frost's having his tooth pulled out. Ans. The first I knew ^f it was in the morning after ; I heard them talking about it in the office. 13th. Was this the first case of a patient inhaling ether to your knowledge ? Ans. Yes, sir. 14th. After this case, did others do so? how soon after? how many? Ans. Others did so immediately after. I recollect soon after, before Dr. Morton had got his apparatus completed, he attempted to give it to a young lady. Her name was Whitemore, of Cam- bridge, daughter of Rev. Mr. Whitemore. I recollect that as soon as he had got the apparatus completed there was enough of them. 15th. How soon was the case of Miss Whitemore after Frost's case? how soon after Frost's case did he get his apparatus com- pleted ? Ans, I should think Miss Whitemore's case was two or three days after the Frost case. It might have been more. It might have been less. I should think it v/as a week or more after Frost's case that he got his apparatus completed. There were a number of different kinds of apparatus prepared by him before he got the one which came into general use, the sponge. We used some kind of an apparatus|when we gave it to Miss Whitemorer 16th. Are you sure that you and Spear inhaled the ether through an inhaler ? Ans, I am not positive. 17th. State the best of your recollection about this. Ans, I don't know that it is proper to call it an inhaler. It was a small tube, perhaps four inches long, in which we placed a sponge and inhaled it from the sponge. The tube was four or six inches long, of uniform size, in the shape of a tin cup. It stood on the shelf The sponge was in it. We took it down and inhaled the ether from the sponge. 18th. Are you sure it was ether that Dr. Morton asked you ^^g^ and Spear to take ? Could it have been nitrous oxide gas ? Ans, I am sure it was ether. It could not have been nitrous oxide gas. 19th. Are you sure it was ether that he sent you to Dr. Gay, Whitman, and Dr. Jackson, to make the inquiries about as to its melting India rubber ? 200 Ans. Yes, sir. ^^ 20th. What kind of ether was it? Ans, It was sulphuric ether. 21st. When did you go into the country, and when return that summer, as you have said ? Ans. I went into the country after the middle of June, and returned the 3d day of July. It was the last of June, because I was summoned to attend the Court of Common Pleas in Con- cord, Massachusetts, and was detained there nearly a week ; that was the occasion of my absence. 22d. How soon after your return was it that Dr. Morton made the inquiries about getting ether, and asked you and Spear to take it ? How do you know they were before Frost's case ? Ans, I could not say ; I should think it was some time after. Frost's case did not occur till cool weather ; it was in September, I think. My getting of the ether was the last of July or the iirst of August. 23d. At the time you were asked to take ether, and were sent down on the wharves to get a man, had Frost's case occurred t If it had, would you recollect it ? Were any attempts made to get any other than patients to use it after Frost's case ? Ans. Frost's case had not occurred at that time ; if it had oc- curred, I should recollect it. No attempts were made, to my knowledge, to get any other than patients to take it after Frost's case. 24th. How many persons had Dr. Morton in his establishment in the summer of 1846 ? Ans. Dr. Hayden, Francis Whitman, Thomas R. Spear and myself. 25th. Please look at the affidavit in your name in Report No. 114, to the 30th Congress, at its second session, beariDg date Fe- bruary 28, 1849, at page 73. Is that your affidavit ? Have you any change or explanation to make therein ? Ans. It is my affidavit ; I have no change or explanation to make therein. 26th. Please look at the affidavits of Henry C. Lord and Daniel W. Gooch, on pages 75, 76, 77 and 78 of the same re- port. What answer do you make thereto, if any ? Ans. My affidavit referred to in my answer to the preceding interrogatory is my answer, a copy of which I annex, and make part of this my answer. (This copy is annexed, marked B. J. P. P.) 27th. Please look at the affidavit on page 79 of the same re- port. Have you any change or explanation to make therein ? Ans. I have one which I v/ish to make. I inhaled the ether from a sponge ; Spear inhaled it from a handkerchief. 28th. Please state what the thing from which you took the sponge, when you first inhaled the ether, had been used for. 201 What had the sponge been used for ? "Why did you use these things ? Ans. It was a tin cup, or tuhe, as I called it. It ~\vas used to keep the sponge in, out of the way, so that we could have it handy at any time when we wanted it. The sponge had been used for wiping patients' mouths when they w^ere bloody, and also for wiping instruments. I used these things because it was more conyenient for me 1o hold the sponge than it would have been to use the handkerchief. 29th. Why did you and Spear inhale the ether that evening ? ^^ Did you, and when, make any report of the result to Dr, Morton ? Ans. Dr. Morton had been asking us frequently to iehale it. We did it that evening because we were alone in the office, and it was more convenient, I suppose ; I don't know any other reason. We reported to Dr. Morton the result the next morn- ing. We reported that we had taken ether on the previous ^^ evening, and described the effects. Dr. Morton wanted to know what the effects were. He asked me particularly how Spear behaved ; if he did not fall right away under the influence of it, and become unconscious. I told him no ; that he was very much excited. He then asked me how it affected me. I told him that it made me numb, dull, heavy and stupid. I believe he said that ^^ if I had taken a little more I should have become unconscious, so that I could have had an operation performed, and not have felt the pain. I don't recollect his words, but it was something like that. 30th. At the time you so first inhaled the ether, and made your report to Dr. Morton, as you have just said, had there been any case, to your knowledge, or had you heard of any particu- lar case in which teeth had been extracted, or surgical operations performed, under the operations of ether ? Ans. No, sir. 31st. When Dr. Morton told you, as you have just said, that if you had inhaled more you would have been insensible, did you, or not, credit him ? Had you any reason for crediting him except his own statement of his opinion or belief? (Objected to, as not evidence of any fact, but opinion of v/it- ness. J. P. P.) Ans. All the reason which I had for crediting him, was his opinion or belief. I knew nothing of these effects of ether be- fore. I thought it v/as correct, as it affected me in such a man- ner. This was the first time I knew of its being used in the office, and Spear was the first one I ever saw inhale it. 32d. When Dr. Morton came into the back office and ex- claimed, " I have got it now," &c., as you have said, had you ^£^ any knowledge or suspicion at that time what agent he was using or referred to ? Ans, No, sir. 202 33cl. At that time had your attention been called to ether in any way in the office, as to inhaling it, or its effects on the system ? Ans. No, sir. 34th. When you went to Brewer, Stevens & Cushing's, for •ether, did you know ox suspect, and if so, how far, for vfhat pur- pose Dr. Morton wanted it? (Objected to, as inquiring of the knowledge or suspicion of wit- ness. 'J. P. P.) Ans. I did not know what he wanted of it, nor suspect it. 35th. When you went down to the wharves with Spear to find a man for the experiment, did you at that time know, or had you heard of any particular case in which teeth had been actually" extracted, or a surgical operation actually performed, under the effect of ether ? Ans, No, sir. 36th. Was there not a time, and how long a time before Frost's case occurred, when there was ether, and what kind of ether in the office ? How do you know this ? Were there or not, during ihis ime, and hov>r much of it, any flasks, rubber bottles, or the like ? W^hat was done with them, if anything, in this connection ? Ans. I purchased ether some time before Frost's case, of Brewer, Stevens & Gushing, and that w^as sulphuric ether ; I pur- chased it for the office ; I should think it was two or three weeks before Frost's case ; it might have been more ; I know it was sul- phuric ether which I inhaled, and that was some time previous to Frost's case ; there w^ere, during this time, how much of it I can't say, flasks and rubber bottles ; at the time I inhaled it, there were a number of them ; I don't know what was done with them; I never saw them used. 37th. \Vhat was your age, in the summer of 1846 ? Ans. I was twenty- one. oSth. How many books had Dr. Morton in his library, of which you have spoken? Ans. He had a large quantity of them ; I should think there were fifty volumes, or more ; between fifty and a hundred. 39th. On what subjects were these books ? Ans. On different subjects ; he had a great many on dental sur- gery, and medical books ; he had books on chemistry, histories, biographies, &c. 40th. Did you or not ever hear Dr. Morton give any message to Frank Whitman respecting a book on ether — if. yea, what was the message? Ans. I heard him ask Whitman to get down a book on che- mistry, and see what it said on ether. 41st. Did he do so ? What else took place ? Ans. I could not say whether he did or not ; nothing else took place that I remember of. 203 42d. At this time had any experiments been performed, or had your attention been called to ether ? An8. No, sir. 43d. Is Francis Whitman now living ; if not, when did he die ? Where is Dr. Granville G. Hayden ? Where is Thomas R. Spear? Ans. Francis Whitman is not now living ; he died in Novem- ber, 1847 ; Dr. Hayden is now in San Francisco ; Thomas R. Spear is in San Francisco. 44th. Are you in any way comiected with Dr. Morton by blood, marriage or business, or have you had any business relations with him since you left his office? Ans. No sir. 4oth. What was Dr. Morton's principal department of dentis- try, and what w^as principally done in the laboratory, before the time Dr. Hayden came ? Ans, Dr. Morton superintended all the business of dentistry be- fore Dr. Hayden came ; the principal business done in the labora- tory was preparing plates and teeth for the mouth. 46tli. Were teeth made there, and to what extent? Ans. We manufactured there nearly all we used. 47th. Did any one else than Dr. Morton, to your knowledge or belief, have any direction over or advice as to the chemical and surgical knowledge necessary for this w^ork ? Ans, No, sir. Cross interrogatories hy A. Jackson^ jr., Esq,, Counsel for Dr. Charles T. Jackson. 1st. W^here is the place of your birth ? What your age ? What has been your business before you gave your attention to den- tistry ? Ans. I was born in Concord, New Hampshire ; I am twenty- seven years old ; I was born on the fifth of February, 1825 ; my business w^as farming before I gave my attention to dentistry. 2d. Do you know Dr. C. T. Jackson ? When did you first know him ? Wiiere have you seen him ? How often ? Ans. I don't know him only by sight ; the first time I ever saw him, I saw him in Dr. Morton's office ; I have met him on the street a dozen times ; I don't know that I ever saw him in the office more than once after the time I first saw him ; I first saw him in the ofhce in the fall of 1846 ; I can't fix the exact date ; it was after the ether discovery. 3d. Are you a chemist, or acquainted with chemistry ? What is nitrous oxide gas? When did you first know about this gas? Describe chloric ether, if you are acquainted with it, and its pro- perties ? 204 ^ns. I am not a chemist, and not much acquainted mih che- mistry ; nitrous oxide gas is a gas which is inhaled for amuse- ment ; I can't tell when I first knew about this gas ; I should think it was in the fall of '4^; that is, when I knew the ef- fects of it ; I had read of it previously to that; I am not much acquainted with chloric ether. 4th. How many rooms had Dr. Morton in September and Oc- tober, 1846, in No. 19 Tremont row? How could you enter them ? Did they open into each other ? ^ns. Previously to October, he occupied only two rooms on the second floor ; after the discovery was completed and we com- menced giving ether, he had the whole of the building above the second floor, four rooms more than he had before ; only the two rooms on the second floor opened into each other, at first. 5th. Did you work in August and September, in the front or back room ? How did you get from the back room into the street ? How from the front office into the street ? Ans. I worked in the back room ; there was a door opened from the back room out into the entry, as also one from the front room. 6th. Hovv- do you know where Dr. Morton came from, when you say that he came into the back office, in answer to the 6th interrogatory ? Ans. There is also a communication from the front room to the back room under the stairs ; a person could not come into the front room without our knowing it in the back room, because the dead-latch was down in the front office, and there was a spring to ring a bell ; I know that he came from the front office ; I was the youngest student at the time, and it was my business to tend the door, and see who went out and who came in. 7th. Who was in the back room at this time, when, as you say. Dr. Morton came in ? Who was in the front room ? jlns. I think we were all there : Spear, Whitman, Hayden and myself. I don't think any one vras in the^front room. 8th. How do you know that the latch was down, as you say in answer to the 6th cross mterrogatory ? Ans. I generally kept it down, as there were offices up stairs, and people ran in often, and we had books stolen from the centre table. That was the reason w^e kept the dead-latch down. 9th. Was not the front room the receiving room for all visiters and patients ? if not, where did they come in ? Jins. No, sir ; not always. The front room was for the sur- gical department, and the back room for the mechanical depart- ment. Visiters and patients came into both rooms. 10th. How long had Dr. Morton been in the front room, as you say, alone, when he came into the back room ? Had he a key to lift the dead-latch of the front room ? Did he usually ring when he entered ? 205 Ans, I should think he had been in all of the morning. He had no key to lift the dead-latch of the front room. He did not usually ring when he entered. He usually came into the back room. 11th. What time of day was it when, as jom say, Dr. Morton came in ? Ans. I should think it was before dinner. I could not say how long before. 12th. You say that Dr= Morton came into the back from his front office, on one occasion, and said, "I've got it." '^I shall take my patients into the front room," &c., to whom did he say this? \¥hat had Dr. Morton in his hands, when as you state, he said this ? Ans. He said it to no one in particular. I don't know that he had anything. I think he went to Dr. Hayden when he came in. 13th. Had he any bag or tube with him ? Ans. I don't recollect that he had. 14th. What was said by you, or any one, in answer to what, as you state, Dr. Morton said on this occasion ? Ans. I did not say anything, and don't recollect of anybody saying anything. loth. How long was Dr. Morton in the back room at this time ? Where did he go to from the back room ? Ans. I should not think he was there but a very fevf minutes. He went back into the front room. 16th. When Dr. Morton asked Hayden where he could get ether, do you recollect the words he used in his inquiry of Dr. Hayden? if so, what were those words ? Ans. He asked him where he could get pure sulphuric ether. Those were the words. 17th. What sort of a demijohn did you take to Brewer, Stevens .& Co. ? How large was it ? When was this ? Ans. I should think it held half a gallon. It was a common demijohn. This w^as in August, I think, 1846. 18th. What makes you think it was in August, 1846 ? Ans. That was the first which I heard of ether. 19th. How long after you first heard of ether was it that you went to Brewer, Stevens & Co. ? Ans. The same day. 20th. How long was this after the scene you narrated of Dr. Morton's coming into the back office saying, " I've got it?" Ans. I can't say ; it was after it ; perhaps it was a week. 21st. Was it a month or two months afier? Ans. It was not. 22d. Have you not stated before that you could not tell ; that it might be weeks ? Ans. I guess not ; I guess I said days. 206 23d. Whom did you see at Brewerp Stevens & Co.'s ? State all that took place there. Had you ever been there before ? Ans. I can't say any one in particular, because I was not ac- quainted with them ; I inquired if they had any sulphuric ether, and they told me they had ; I don't know w^hether it was a clerk or one of the firm ; I got the ether, and asked them for a bill : I gave them a name, what, I don't recollect, and they made out a bill ; I can't say how much I bought ; I think I asked him how much they would ask for a demijohn full of ether, and I think he said he sold it by weight or the pound ; I do not recol- lect how much I paid, nor how much I got ; I had never beea there before. 24th. You say in the 8th interrogatory, that Dr. Morton told you to be careful and not let Brewer, Stevens & Co. know whom it was for. Did he give any reason at the time for being careful, a& you have stated it ? Ans. No, sir. 25th. How many demijohns were there in the ofHce ? When you went to Brewer, Stevens & Co., were there more than the one you took? If there had been, should you have known of it? Ans. I could not say ; there might have been more without my know^ing it. 26th. Did you bring the demijohn back ? Where did you put it ? Ans. I brought it back and gave it to Dr. Morton. 27th. What did he do with it? When did you next see it after bringing it back ? Ans. I don't know what he did with it', I saw it in his little operating room, a few days after, it might have been the same day ; it was the little room out of the front one. 28th. How often did you see it in this little room you speak of? Was this little room a third room that Dr. Morton then bad ? Ans. It was there for a long time after ; I saw it every day ; it w^as not a third room ; it was a small ante-room, which be- longed to the main room, but was partitioned off by him. 29th. Are you sure that the demijohn spoken of by you was not a gallon demijohn ? May it have been a gallon demijohn ? Ans. I am not positive that it was not a gallon demijohn ; it was not a two gallon one. My impressions are that it was a half gallon demijohn. 80th. Was any use made of this demijohn of ether after it was, as you say, put in this ante-room, w^here you saw it every day? Ans. I used it, and Spear used the ether out of it ; I do not know of any other use. 31st. After the demijohn of ether was brought to the office, was the odor of it perceptible to all persons coming there ? Ans. I can't say as to that. 207 o2d. Did the odor, after it was brought in the demijohn, so fill the office that you always perceived it when you entered ? Ans. No, sir, not always ; once in a while we noticed it. 33d. When did you first see Dr. Morton inhale ether, if you ever saw him ? Ans, I never saw him. 34th. After Dr. Hayden came, did, or not, Dr. Morton busy himself with plate work for whole sets of teeth ? Ans, No, sir ; Di. Morton would not see patients, unless they would send their names and business. 35th. Did you know or hear of any experiments of Dr. Mor- ton's, with King's cement, or use by him of this ? Ans. No, sir. 36th. Did you know or hear of any new substance to fill teeth with, used or tried by him ? Ans. No, sir ; Dr. Morton's work was artificial work, princi- pally, in the establishment ; there was very little filling done. 37th. Did you know of any use or experiments by him of lime and alum ? Ans. 1^0) sir. 38th. Did you know or hear of any use by him of chloric ether, to deaden the sense of pain in nerves of teeth ? Ans. No, sir. 39th. You have said that Spear and you inhaled ether one eve- ning — whether, or not, this evening was after the cold weather had begun in the fall of 1846 ? Ans. It was in warm weather. 40th. Was not this evening in October or November, 1846, when, as you say. Spear and you inhaled ether ? Ans. No, sir ; it was in warm weather. 41st. How do you fix it in your mind that this was not in Oc- tober ? Ans. It was after I had purchased the ether of Brewer ; I know it was before the Frost case, and that was in September ; and after that we all knew the effects of ether, for we commenced giving it to all persons who came in. 42d. Do you say that the evening when you and Spear took ether was before October ? Ans. Yes, sir. 43d. Suppose that Spear stated under oath that it was in Octo- ber or November, should you, with confidence, say it was before October ? Ans. Yes, sir. 44th. I wish you to describe the proceedings of yours and Spear's in takmg ether on this evening you have spoken of. Atis* I had charge of the front room, and Spear, I think, had charge of the back room ; I most generally took care of my room in the evening after folks had gone out, and Spear was present ;. 208 lie got hold of the demijohn in some way or other, and said, " I'll take some ether, v/ill you?" Ke took out his handkerchief, sat down in the chair, took down the demijohn, and turned some on ; he sat back in the chair and held the handkerchief up to his face, and began to inhale it ; he appeared to fall nearly asleep ; he would quite, I think, if he kept still, if it had not excited him so ; 1 think I told him if he would inhale it through his mouth, it would affect him much quicker, and much pleasanter ; that it would not excite him so much as it would to draw it through his nos- trils ; I sat down in the chair, and took the cup which I men- tioned with the sponge in it ; I told Spear that I would take it if he would leave the room, as I was afraid he would cut up some capers, he was so lively, if I got asleep ; I shut myself into the room, sat back in the chsir, and began to inhale it. 45th. Did Spear v/hen he inhaled the ether, on an evening, when, as you say, you and he inhaled it, move from the chair in w^hich he was seated ? Ans. He did not move while he was inhaling it, sot until he dropped the handkerchief; then he jumped up and was very much excited, he jumped round considerably ; I did not hold him ; it was a minute after he put the handkerchief to his nose before these effects showed themselves. 46th. You said in answer to 10th interrogatory that Spear con- cluded not to take ether after Morton had offered him money if he would take it. Why did Spear decline to take it ? Jlns. I don't know. 47th. Do you not know that Spear called on Dr. C. T. Jack- son to assure himself of the safety oi inhaling sulphuric ether, be- fore he ever inhaled it ? Jlns. No, sir. 48th. What had Spear said to you about going to consult Dr. Jackson, as to the safety of inhaling ether before he inhaled it on the evening you have said that he and j^ou inhaled it ? Ans. He did not say anything about it. 49th. Describe all that you did in regard to inhaling ether yourself, as you have stated that you did inhale it on a certain evening, Vvhen Spear also inhaled it; who held the small tube, which you have described as four inches long, to your mouth. Ans. I held the tube myself. This tube, I wish it to be under- stood, was nothing more than a tin cup. I have said that it made me feel dull, heavy, and stupid. I should think that it lasted half an hour. I should think it was half a minute before I began to feel the effects of it. Ko one was with me. I was not in the chair more than a minute, I don't think. I took the cup in my hand with the sponge in it, turned the ether into it, and held it up to my face. I could not say how much ether I put upon it. The sponge was always washed after it had been used, and put into the dish ready for the next time. 209 50th. When did you learn that it was nothing more than a tin eup? How learn this? Why did you call it an inhaler yesterday? Ans. I have not learned anything more about it than I knew at the time. This is something that occurred six years ago. When I gave my other affidavits, everything was fresh in my memory. I corrected myself immediately after calling it an inhaler, yester- day. I am sure I don't know why I called it an inhaler, except that it first came into my mind. I tried to give an exp anation of the tin box, or cup, but it seems that I was not fully under- stood. 51st. Why did you use the tin tube of which you have spoken when you inhaled ether in the evening that Spear did ? Ans. I have already said, I believe, because it was more con- venient. 52d. At the time you inhaled ether and felt numb and heavy, &c., as you have stated, on the evening when Spear inhaled it, "Nvas there an India rubber bag in either of the rooms of Dr. Morton ? Ans. Yes, sir. 53d. Was sulphuric ether ever purcnased for the office of Dr. Morton hy the demijohn, except in the instance you have testified about? Where did you last see that demijohn, and when, and how much ether was there in it ? Ans. It was not purchased to my knowledge on any other oc- casion. The last I saw of the demijohn, it remained in the little joom. It was that fall, how late in it I don't recollect. I can't say how much ether there was in it. 54th. Was there any case, by inhalation of ether, of numbness, &c., as you have described the effects on yourself, before your own, to your knowledge, in Dr. Morton's premises? Ans. No, sir, with the exception of Spear's. 55th. You say in answer to 29th interrogatory, that we inhaled ether because we were alone in the office. Was it or not, that Spear on the evening referred to, urged you to take it ? Ans. No, sir. I don't know as he gave any reason; he merely asked me to take, it. I don't know, I am sure, that I could give any reason for taking it, more than out of curiosity. 56th. You say in 29th interrogatory, that Spear did not fall right away and become unconscious, but that he was very much excited. You say that it made you numb, dull, heavy, and stupid. Is this a full description of the effects upon you and Spear on the even- ing you say you and he took the ether? Ans. I believe it is. 58th. Do you remember Dr. Morton's reply to you when, as you say, you told him the effects of the ether on you on the even- ing you have testified about? Ans. He said that if I had taken a little more, I should have 14 210 probably been unconscious, so that I might have had an operation performed without feeling any pain or without knowing it. 59th. What was it that you now say you told Spear, when, as you say, he had the handkerchief at his mouth on the evening y©u say he and you breathed the ether? Jins, I did not tell Spear anything. 60th. How long do you say that the demijohn of one gallon or of half a gallon had been in the office before you and Spear inhaled it ? Ans. I could not say. 61st. How long does it take, after teeth have been taken out, before the gums are so hard or in such order that a new set of teeth can be put in ? Ans. From eight to twelve months. 62d. Did you ever hear Dr. Morton say he had inhaled sul- phuric ether ? Ans, Yes, sir ; after I bought the ether of Brewer, Stevens & Gushing ; I should think it was a few days after. 63d. Ever hear Dr. Morton say from what — by means of what apparatus he himself breathed sulphuric ether ? Ans. No, sir. 64th. When, in answer to one of the questions, you said that these things happened so long ago that you could not tell what occurred next, what did you mean by that statement ? Ans. I meant that a great many of these little things, of w^hich I am inquired of now, had slipped my mind. I gave the sub- stance of the whole, but perhaps not the details, as fully as I had previously. 65th. Did you mean that you were not clear and precise in your recollection of dates, or of the order of occurrences that happened so long since ? Ans. No, sir. 66th. Did you hear Dr. Morton speak of a new composition for filling teeth ? Ans. No, sir. 67th. Did you ever hear him speak of a new mode of fasten- ing them to the plate ? Ans. No, sir. 68th. When, as you state in answer to 9th interrogatory, did you hear Dr. Morton ask Whitman to ascertain from Dr. Jackson if ether would dissolve India rubber ? Ans. That was after I purchased the ether of Brewer, Stevens & Gushing, and after I had been sent to Dr. Gay's. 69th. Was there not, after the 30th of September, 1846, a variety of apparatus prepared and proposed, and tried for the purpose of inhaling ether ? Ans. I think there was. 211 70tli. Were you steadily in Dr. Morton's office durincr the early part of October, 1846, while ether ^vas administered to the patients there ? Ans. Yes, sir. 71st. Were there not many inquiries by the patients as to the safety and security of inhaling ether ? Ans. I don't know as to that. 72dc. Did you not hear Dr. Morton often answer inquiries by assurances of the safety of the inhalation of sulphuric ether, and give as his authority the assurances as from Dr. Jackson that it could be breathed with perfect safety ? Alls. No, sir ; I never heard Dr. Jackson's name mentioned in connexion with ether until a long time after this time — I mean October. 72d&. In answer to 28th interrogatory, you say it was more convenient to use sponge ,than a handkerchief. Who had used the sponge and tube of which you have spoken before this time, when you took it in the evening? Ans. I don't know that anybod}- had for that purpose. Tod. To whom, during the months of October and November, 1846, have you given any accounts or statements of the discovery of ancesthesia? Ans. No one. 74th. Do you mean to swear that, during those two months, you did not talk of this discover}' ? Ans. Vve did talk of it a great deal in the office. 7oth. Did you not talk of it out of the office ? Ans. Yes, I think I did. Everybody was talking of it ; I can't name now any particular person. People would frequently ask me what we were doing — •' what are you doing up to Mor- ton's there?" 76th. Did you not say, during the fail of 1846, that Dr. C. T. Jackson, or Dr. Jackson, made the discover}, but that Dr. Morton deserved credit for bringing it out ? Ans. No, sir. 77th. Vv'^hether or not you have heard Dr. Morton state, be- tween October, 1846, and November of that 3^ear, and up to January or February, 1847, that Dr. Jackson was the discoverer of anaesthesia, and that he (Morton) was the person to whom Dr. Jackson had communicated the discovery ? Ans. No, sir. 78th. Have you read here in the office to-day t\\v affidavit of Daniel W. Gooch, on page 77, in Report No. 114, referred to in 25th interrogatory ? Ans. Yes, sir. 79th. Since yesterday, the 22d of November, (your direct ex- amination having been adjourned till to-day,) with whom have you spoken about your evi^ience here ? 212 Ans. I spoke with Mr. Dana last evening ; he is the only per- son, I believe. 80th. Who has spoken to you of coming here ? Ans, No one, only the constable who summoned me here. 81st. During the half hour's recess to-day, (taken after 29th interrogatory,) have you spoken with any one? if any, with whom, about the subject of } our examination ? Ans. No one, sir. 82d. Who called your attention since j'esterday to your state- ment in the 11th, 16th and 17th interrogatories ? Ans. No one ; it came to me voluntarily last evening, when I went home and looked at my affidavit. 83d. What affidavits did you look over last night? Mns. The affidavit which I first made. I don't recollect the date of it. 84th. What was it in ? Who furnished you with the paper or papers ? Ans. I have them on file. It was in the minority report of Dr. Jackson. 8oth. What have you on file? Ans. The papers and pamphlets relative to the ether controversy. 86th. How much time did you give to a perusal of them last night ? Afis. Five minutes, not to exceed that, I don't think. 87th. Hovr much time before, and when last before? Ans. I am sure I can't say. I read Dr. Morton's report; I mean the last Congressional report. That vras the last I read on the subject. 8Sth. You say in answer to 8th interrogatory, that Dr. Mor- ton sent you to Dr. Gay's — what did Dr. Morton say to you about going to Dr. Gay's? Why did you not find Dr. Gay's place? Did you look in the Directory to find Dr. Gay's number? Did you go more than once to find Dr. Gay's place? Ans. He said, "William,, go up to Dr. Gay's, and ask him if ether will dissolve India rubber." He told me where it was, I believe; I vvent, and I believe I could not find the place. I had not been in the city then tor a great while, and w^as not much acquainted with the city. I don't remember of looking into the Directory. I did not go more than once. 89th. Was anybody else sent to Dr. Gay's place? Can you tell the date, or near the date when you went as you say, to Dr. Gay's? Ans. No one else vras sent that I know of. I cannot tell the date. I know it was after I bought the sulphuric ether, and pre- viously to the Frost case. 90th. Have you ever before made the statement which you have maile here to-day, in answer to 29th interrogatory, of the effect of ether upon yourself, and of the reply of Dr. Morton to you? 213 Ans. No, sir. 91st. Why not? Ans, I don't know that I was ever asked before how it affected me. 92d. Did you know it all the time when you made your former affidavits ? Ans. Yes, sir. I knew^ how it affected me, of course. 9od. Did you have these things, which you say you have now for the first time stated, in your mind and recollection then? Ans. I don't know whether I remembered them at the time or not. 94th. If you did not remember them at the time, have you known them since, and if since, how long since ? Ans. I knew them all the time. 9oth. Why did you not stale them, if that is so? Ans. I can't say, because I don't know that I recollected them at the time. I might have supposed that they were of no con- sequence, perhaps. 96th. What did Dr. Morton say to Whitman, when, as you say in answer to 40th interrogatory, he asked him to get down a book and "see what it said on ether?" Ans. That is all that he said ; all that I heard him say, at any rate. 97th. When did Francis Whitman die ? What of? And when? Ans. He died in November, 1847, of typhoid fever, at Dr. Morton's father's. 98th. Was that at Dr. Morton's house? Ans. I don't suppose it was. It was Dr. Morton's father who kept the house. 99th. Did Dr. Morton live in that house? Ans. He boarded there, I believe. 100th. State when and v/here your affidavit of March 2Dth, 1847, printed in Report No. 114, and referred lo in your answer to 27th interrogatory was made; who wrote it; who was pre- sent while it Y/as written; and all the circumstances attending the taking of it ? Ans. It was made at Dr. Morton's room, No. 19 Tremont row, in the laboratory, which then was in the third story, I think. R. J. Burbank, Esq., wrote it. I can't say surely, who were present. I was present, and Spear was present, and it is my impression that Whitman was present. I don't know that there is anything else to state about it. He came in and took it. It was the first I heard of it. It had not been mentioned to me by any person. 101st. Was G. G. Hayden present? Ans, I don't think he was. 102d. Do you know D. P. Wilson? Ans. Yes, sir. 103d. How were the afFidavits taken? Were Spear and Whit- man there while your affidavit was reduced to writing? Ans. I don't know whether Spear and Whitman were present when my affidavit was taken or not. I think they were present some of the time. Mr. Eurbank said he wanted to take our affi- davits in relation to the ether discovery. He did not say for whom he wanted to take them. He said he wanted to know what we knew about ether, or the discovery of it. He did not ask questions, but took down what we stated. He came in when we were very busy indeed, and we had to be as brief as possible. I think this was in February, 1847. Dr. Morton was not in the room when it \vas taken. 104th. Was this your phraseoioo-y to Mr. Burbank, '• that is to say, about the 1st of .July, 1846 ?''' jliis. I used it, I think ; I don't think Mr. Burbank asked a question. 105th. V^hether or not, if one of you three who were present, was at fault, in recollection or otherwise, another would prompt him, or suggest anything:, such as a date, &c. ? ^ns. I don't think they did. 106th. Was there any confusion or excitement in you or Spear or Whitman, when these affidavits w^ere taken ? Jins. No, sir. 107th. Was there any haste, rapidity or hurrying ? Ans. No, sir. 108th. What time of day was it ? A71S. I can't say; I should think it was afternoon. 109th. Were the statements sworn to which Mr. Burbank re- duced to writing ? if aye, before w^hom ? And how soon after they were taken ? Ans. I can't say, I am sure. 110th. Were tftere any bottles or jugs, or any wine or spirit to drink there, when these affidavits w^ere taken ? Ans. No, sir. 111th. When first had Mr. Edward Warren any connexion with Dr. Morton ? Ans. T can't say ; I should think it v>-as in the spring of 1847. 112th. Was it before or after these affidavits by Mr. Burbank were taken ? Ans. I can't say that : I should think it was after. 113. After these affidavits by Mr. Burbank were taken, did you hear any talk by Spear and Whitman about experiments with ether by Dr. Morton ? Ans. I don't remember of having heard anything. 114-th. When did you, if ever, hear of any experiment or ex- periments by Dr. Morton with ether, on a spaniel ? Ans. I can't say when I heard of it ; I had heard of it. 115th. Before or after Edward Warren came ? 215 Ans. I can't say. 116th. What are your pecuniary relations with Dr. Morton ? Does he owe you anything or you him ? A?is. I don't know that I owe him, or he ows me ; we are square in that respect, and have been for a number of years. 117th. At, or before, or after you gave your affidavit, dated March 25, 1847, referred to in the 26th interrogatory on page 79 of the minority report No. 114, what inducement, by way of gift or present, it any, did Dr. Morton hold out to you ? Ans. Not any. 118th. Did Dr. Morton ever give you an order on Wilson or any other tailor for a suit of clothes ? Ans. No, sir. 119th. Has Dr. Morton promised to give you a handsome re- ward when he should get his money, as he stated it, from Con- gress ? Ans. No, sir. 120th. Have you ever so stated ? Ans. No, sir. 121st. You say in answer to 29th interrogatory, '^ we reported to Dr. Morton the result" — what did Spear say to Dr. Morton ? Ans. I don't know whether he said anything or not. Direct^ resumed hy Mr. Dana. 1st. When you say that Dr. Morton had two rooms, do you or not, include the little room partitioned off as part of the front room? Ans. Yes, sir. 2d. Did the artificial or mechanical dentistry in which Dr. Morton was engaged, require the extracting of many teeth ? Ans. Yes, sir. 3d. In answer to the 63d cross interrogatory, you say that Dr. Morton told you he had inhaled ether ? When was this ? Was it before or after the case of Frost, and how long ? How do you know this ? Ans. It was before the case of Frost, because after we began to give it to every person indiscriminately, just as they came in and wanted it ; it was just after I bought the ether of Brewer, Stevens & Gushing and before Spear and I took it. 4th. At the time you gave your affidavit before Mr. Burbank, in what room and story was the laboratory ? Ans. It was in the third story and the back room. 5th. When had the laboratory been moved ? Ans. 1 can't say ; it was moved in the fall 1846 ; I won't be positive of this ; it might have been in the next spring. 6th. How near the time Dr. Keep came into partnership with Dr. Morton? 216 Ans. It was moved before the time Keep came in, I believe. 7th. In what part of the work was D. P. Wilson regularly en- gaged at the time of 3^our affidavit ? Ans. I think he was one story below me ; he was engaged in giving ether and extracting teeth. 8th. Was that work in which he was engaged carried on in the same story with the laboratory, after the laboratory was removed? Ans. No, sir. 9th. Do you know for what cause Mr. Hemmenway left the establishment of Dr. Morton ? Ans. I do not. WM. P. LEAVITT. (B.) Boston, February 13, 1849. I, William P. Leavitt, of Boston, surgeon dentist, on oath depose and say, that on or about Tuesday, the 6th instant, Mr. Henry C. Lord called upon me at my rooms, in Tremont row, made himselt known to me, and began a conversation about Dr. Morton's character and prospects : and after a good deal of cir- cumlocution, told me that he had seen Mr. Thomas R. Spear, (of whom he spoke very highly), and obtained a statement from him as to the dates in his affidavit, and that Spear had said he could not swear that the dates were correct. I told him that if Spear had said anything of the kind, he had done very wrong, for the dates were correctly stated in Spear's affidavit, and that I knew them to be so. He then asked me how I knew them to be so. I then told him several circumstances that took place in June and July, 1846, and the early part of August, which made it clear to me that the experiments were made at the times stated by us and by Dr. Alorton. Among others, I stated that I was absent attending court as a witness in the latter part of June of that year, and returned on the 3d of July, the day before the anniver- sary of independence, and found Dr. Hayden in Dr. Morton's office, and that the experiments and my coimexion with them followed immediately thereupon. Mr. Lord seemed satisfied with my statements and made no further question as to dates, and asked me if it was my opinion that Dr. Morton had used sul- phuric ether before his interview with Dr. Jackson. I answered, that was my belief. Mr. Lord then took his leave. About half an hour after this, a note came to me from Mr^ Lord asking me to step down to his office for a few minutes. I did not go. In about fifteen minutes Mr. Lord called, asked me into the entry, and said he wished me to do an act of justice to Dr. Jackson. I asked him what it was. He said he wished me to write him a note to the effect that it was my belief that Dr. Morton did not use sulphuric ether until it was suggested to him 217 by Dr. Jackson. I told him that my belief was the contrary of this, and that I could not write such a note. He then proposed that he should make such a statement and that I should confirm it in a note to him. This I refused to do. He then proposed that I should write a note to the proposed effect ; that he would send it to the chairman of the committee of Congress with a request to return it, and that it should be returned to me, and never published, nor used in any other manner. In this con- nexion he told me that his brother had written to him from Washington ; that if he could only get these statements from the witnesses, ''the whole thing would be dished" — referring to Dr. Morton's petition. He also made statements which I took to be inducements to me, to the effect that Dr. Morton had no chance of success — • that Dr. Jackson had money enough, that I would not be a loser^. and offered to show me a telegraphic despatch from his brother to the effect that two of the committee had assured him that no report would be made. I again refused to write such a note. (Before this he had re- presented his object to be merely personal, and with no intention to use the note in the controversy, and only stated the plan of sending it to Washington upon a direct question put by me.) He then said he w^as very much disappointed in me ; praised my character and appearance as to independence, and said he had hoped to obtain something from me. He then said that he should make a statement that I had told him that it was my belief that Dr. Morton had not used sulphuric ether before his interview with Dr. Jackson. I told him that if he did, I should contradict it. He said that then there w^ould be hi> character against mine ; and intimated that, in the public estimation, the scale would in- cline a little in his favor. I said " Very w^ell." He then said "You did telLme so." I became excited, and answered, "Mr. Lord, you are a d d liar." Mr. Lord immediately cooM down, and said he was very sorry there was such a difference ; and I told him I was the same. I also told him that if I wished to make any further statement than my original affidavit I would let him know. I had no intention of making any such further statement, and have not seen nor heard of Mr. Lord since that time. I have just heard that he has sent some affidavits to the com- mittee of Congress relating to his conversations with Mr. Spear, and thinking it possible he may have alluded also to his conver- sations with me, I make this statement to contradict or explain the same, as may be. I also solemnly depose and say, that I have no alteration to make in my affidavit published in " LittelPs Living Age" of March, 1848. WILLIAM P. LEAVITT. 218 Suffolk Countt, ss: Then personally appeared the above named William P.Leavitt, to me personally known, and made oath that the above statement by him subscribed is true. Before RICHARD H. DANA, Jr. Justice of the Peace. February 13, 1849. I certify that I have compared the above with my affidavit, and that it is an exact copy thereof. ■ WM. P. LEAVITT. The foregoing is the copy referred to by me in the answer of this deponent to the 26th direct interrogatory, as annexed, and marked B. J. P. PUTNAM. Commonwealth of Massachusetts, | Suffolk County, ) We hereby certify that the foregoing is a true CQpy of the de- position in perpetuam of William P. Leavitt, taken before us, upon the petition of William T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Justices of the Peace and Counsellors at Law. The extract below from report 114, page 31, is introduced in connection witli the first preceding and second following afiidavits : " During the preparation of this report there was forwarded to the committee the affidavit of Henry C. Lord, one of the counsel for Dr. Jackson, and also the affidavit of George H. Palmer, and one by Dr. Jackson himself, from which it appears that Mr. Lord, the counsel, called upon Thomas R. Spear — induced Spear to visit him at his chamber, and held a conversation with him, and that his effort in that conversation was to get some admission from Spear that his testimony, given under oath in the case, was untrue. Lord and Palmer say that he did so admit. The witness Spear, who was afterwards called upon, testifies that he did not, and states facts which show an effort to entrap him in a mode not usually practised by the legal profession in the United States. Your com- mittee give no weight to the alleged statements, considering the manner in which they were procured, even as stated by Mr. Lord himself. There was a like attempt to get a contradictory statem.ent from Leavitt, similar in its cha- racter with that made with Spear, but more strongly marked by professional irregularity. These depositions in no respect modified the opinion of your committee as to the facts given in question, and only presents another most striking example of the caution with which testimony of the declaration of parr ties and witnesses should be received unsupported, and especially when con- tradicted by written papers." Since Dr. Spear removed to California, where he was introduced into the practice of his profession by the mayor of the city of Boston, and former Secre- tary of State, Hon. J. P. Bigelow, who had known him from a boy; another statement from one Colvin Anger has appeared, which the above extract is appli- cable to. 219 Boston-, March 25, 1847. I, Thomas R. Spear, jmi., of Boston, in the State of Massa- chusetts, depose and say — That, about the first of August, 1846, at request of Dr. Morton, I inhaled a portion of ether, which William P. Leavitt brought from Brewer, Stevens & Co.'s, in a demijohn, in Dr. Morton's office. The rest of the young men were airaid to take it ; but, having taken what I supposed to be the same before, at the Lex- ington Academy, I did not hesitate to take it when I learned what it was. About a week after the ether was purchased of Brewer, Ste- vens & Co., Dr. Morton was expecting some persons at his office to witness an experiment, and he then offered me a sum of money if I would be present and inhale the ether. I went home and consulted my parents, and they advised me not to ^o. I have often heard Dr. M. say that, when he had completed his in- vention for extracting teeth without pain, he should be satisfied. Ever after Dr. Hayden came into the office. Dr. Morton seemed wholly absorbed in making this discovery, and had a number of bottles, an India-rubber bag, &c., &c., with which he prosecuted his experiments in the little room adjoining the front offixe, where he frequently locked himself in. Dr. Morton offered me five dollars if I would get some one to come into the office and to have an experiment tried upon him, of having a tooth extracted while under the operation of gas. I went, accordingly, down to the wharves, in company with Wm. P. Leavitt, but did not get any one to have the experiment tried upon. THOMAS E. SPEAR. Jr. Commonwealth of Massachusetts^ Suffolk county. I, Thomas R. Spear, jr., of Boston, surgeon dentist, on oath depose and say, that, on Sunday, February 4th instant, Mr. Lord, one of the counsel for Dr. Charles T. Jackson, called at my lodg- ings. No. 20 La Grange Place, at about noon, and asked me to go with him to his room at the United States hotel, upon some business of great importance, and was anxious I should go forth- with. He did not tell me what he wished to see me about, nor did T know who he was ; but after he left, it occurred to me from his name, (which he gave me,) that he was Dr. Jackson's coun- sel. I could not go with him, but promised to call at his lodg- 220 ings soon after. Thinking that the business might relate to the ether controversy, I took with me the Living Age, which con- tained my affidavit. I had no desire, and had intimated none, to see Mr. Lord, or any one else on this subject, or to make any change in my affi- davit. I found at Mr. Lord's room a gentleman, whom he introduced as his room-mate, Mr. Palmer. Mr. Lord was very attentive, and unaccountably cordial in his manner; expressed a strong friendship for me, and said he was always glad to see me, and offered me a cigar. He spoke against Dr. Morton's character, and his chances of success at Washington, and gradually intro- duced the subject of the statements in my affidavit, t imme- diately told him I did not wish to have any conversation upon the subject, or any controversy. He said that our conversation was strictly confidential, and that he should make no use of anything that passed between us. I did not like his mode of proceeding, and something was said by one of us about the third person being present. But he said he was making inquiries for his own personal satisfaction, and for no other object. Mr. Lord then proceeded to put various questions relating to facts and opinions, many of which were upon suppositions and hy- potheses very difficut to answer, tending to confuse a person, and to give indistinct or false impressions. Some of these questions I declined answering; others I answered indefinitely, and some were incapable of being answered. Neither Mr. Lord nor Mr. Palmer took any minutes while I was present. He then desired me to call at his office the next day at ten o'clock. I promised to do so ; but being unwell, I called on Tues- day, February 6. He had a written statement which he said was what I had said at his room on the Sunday before, and which he read to me. I denied that that was a correct statement of my conversation, and told him that I had said nothing of the kind. He then asked me to put a statement in writing. I told him that I would consider of it ; but that, if I did give a statement, it would be a very different one from that which he had prepared. He seemed quite angry. The next day I called and told him that I preferred not to make any statement, and expressly told him that I had no recollection of having said anything of the character of the statement he had prepared. I make this affidavit, because I am informed that Mr. Lord has sent to Washington 'an affidavit relating to my conversation with him. As I have not seen his affidavit, I am not able to meet it in detail ; but solemnly depose and say, that I have no alteration to 221 make in my original affidavit, which appears in Littel's Living A^e of March, 1848. THOMAS R. SPEAR, Jr. Boston, February 13, 1849. Suffolk, ss: Then personally appeared the above named Thomas R. Spear, to me personally known, and made oath that the above statement, by him subscribed, is true. Eefore me, RICHARD H. DANA, Jr, Justice of the Peace, Boston, February VS, 1849. Boston, March 25, 1847. I, Francis Whitman, of Boston, in the county of Suffolk, and State of Massachusetts, student at dentistry, on oath depose and say — That I have often heard Dr. Morton speak about discovering some means of extracting teeth without pain. This discovery, appeared to be the subject of his thoughts and investigations during the greater part of last year, i. e,, 1846. One day — I think it was previous to July, 1846 — Dr. M., in speaking of the improvements he had made in his profession, and of some one improvement in particular, said, if he could only extract teeth without pain, he " would make a stir." I replied that I hardly thought it could be done. He said he believed it could, and that he would find out something yet to accomplish his purpose. In a conversation with Dr. M. some time in July, he spoke of having his patients come in at one door, having all their teeth extracted without pain and without knowing it, and then going into the next room and having a full set put in. I recollect Dr. Morton, came into the office one day in great glee, and exclaimed that he had " found it," and that he could extract teeth without pain I I don't recollect what followed ; "but, soon after, he wanted one of us in the office to try it, and he then sent William and Thomas out to hire a man to come in and have an experiment tried upon him. After all these circumstances happened, Dr. Hayden advised Dr. Morton to consult with some chemist in relation to this discovery. I went, at Dr. Morton's request, to see if Dr. Jackson had returned, (he having been ab- sent from the city,) but found that he was still absent. I told Dr. Morton I knew what it was that William had bought. 222 and said it was chloric ether. Dr. M. thePx said he wished to know if ether would dissolve India-ruhher, and sent William P. Leavitt to inquire of Dr. Gay if it would. About this time. Dr. M. asked me to get the books on chemistry and find what they said about ether. I did so^ and read it over to him, and I think he went to Burnett's to see if he could not find something there. After the first announcement of the discovery in the papers, I went to Dr. Jackson's, and he spoke to me of some notices in the papers : but, immediately after, said he did not " care how much Dr. M. advertised, if his own name was not drawn in with it." A week or two after this conversation I was at Dr. Jackson's, when he asked me hovr we got along with the gas. I told him that we got along first-rate. He then said he "did not know how it would work in pulling teeth, but knew its effects at col- lege upon students, when the faculty had to get a certificate from a physician that it was injurious, to prevent them from using it;" but that he '■ did not know how it would operate it pulling teeth." FRANCIS WHITMAN. T, Theodore Metcalf, of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, of lawful age, being first duly sworn, depose and say, in answer to interrogatories by Richard H. Dana, jr., esq., counsel for Dr. William T. G. Morton: 1st. Where is your residence ? How long have you resided there ? Were you a chemist and druggist in Boston ? In what street ? From what time to what time ? What public institu- tions did you supply ? Answer. I reside in Boston. I have resided there since 1837. I was a chemist and druggist in Boston, in Tremont street, from 1837 to 1845 or 1846. I supphed the city institutions at South Boston, all of them, and the Marine Hospital at Chelsea. 2d. Who was your successor ? When did he take possession of the premises ? |r Ans. Mr. Joseph Burnett was my successor ; he took posses- sion of the premises in January, 1845. 3d. Where was Dr. William T. G. Morton's office? How near to your place of business ? Did you know him ? Did he deal with you ; and how much ? What was his occupation ? Ans. Dr. Morton's office was in Tremont street, within a few doors of my place of business. I did know him from his first coming to Boston ; he was my customer to the amount of several hundred dollars per year. There was seldom a day when the Doctor was not in the store. He was a dentist. I should say, from the nature of the articles which he purchased of me, that the greater part of his business was mechanical dentistry. This 223 I judge of from his purchases, and not from absolute knowledge. 4th. Have you visited Europe? How many times? When did you sail ; in what vessel, and from what port ? What countries did you visit ; and when did you return? Where have you resided since your return ? Ans. I have visited Europe once. I sailed on the 6th of July, "^^^^ ^^^^i- 1846, in the Joshua Eates, from Boston. I made the general ^J^!JJ^/''^l^ tour of Europe, visiting all but the extreme parts. I returned controrer- in October, 1847. I have resided in Boston since my return. sy, the fact Dth. Have you been engaged, and how much, in chemistry ^^.J^gg^p^^^ since your return ? meriting Ans. I had a manufactory of chemicals at Roxbury for little with ether more than a year. P^7 %lf btn. Have you now, or ever had any, ana what relation or and conse- connexion of blood, marriage, or business with Dr. Morton ? quentiy, Ans. None by blood or marriage, and by business only pre- ^'^^^ , ^® viously to 1845, as I have stated. j^ave de- 7th. Do you know Dr. Charles T. Jackson, of Boston ? How nved his long, and how intimately have you known him ? ^^^^ ^^^ Ans. I have known him ever since my first residence in Bos- ^ect froni ton. I have always had an acquaintance with him, and always Dr. Jack- been on friendly relations with him.. son on 30th 8th. When and where did you first hear of the ether discovery, ^>ll^^,^g^^ and how? What account did you first hear ? (Objected to.)"^ as alleged Ans. I think it w^as in Italy where I saw an account of it in a ^^ *^^^ French journal ; it was in the winter of 1847. It was a general ^^^ e™^^- account of the anaesthetic effects of ether, and ascribing the dis- covery to a dentist of Boston, without any naixie. It must have been in January or February of that winter, or March. 9th. Did you ever have any conversation w^ith Dr. William T. G. Morton on the subject of the properties and effects of ether ? If yea, when was it ? State particularly all your means of knowledge as to the date, and especially as to its being before or after you heard of the ether discovery, and before or after your visit to Europe. Ans. I did have a conversation with him on that subject. It was previous to my departure for Europe ; it was the spring or early summer of 1846. I know it was previous to my departure There can for Europe, because, when I saw this account in the French ^|*-^^^^ "^^^" journal, I fixed it in my own mind that Dr. Morton was the man, ^ate, * and remembering this conversation ; and I think I mentioned it to there is no persons who were with me. pretence 10th. Who were these persons? Are you sure that the ac- ^^. *^egg jjg count which you saw gave no name ? not of tiie Ans. I can't be positive who the persons Avere : I think they higjiestcre- were my travelhng companions — two gentlemen from New^ York — ^ ^^'' but I can't be certain. I know- that I read the journal in a Cafe, 224 and spoke of it at the time. lam confident that the account mentioned no name. 11th. Where was this conversation with Dr. Morton ? State the circumstances fully, and all that was said or done on either side. Ans. It was in my store in Tremont street, then occupied Prior to by Mr. Burnett. Dr. Morton came in, and had a vial filled with ^g^g^''^"^^' sulphuric ether. While he had it in his hands, he came to me Mr. Metcalf^nd asked various questions with regard to its qualities and sailed for medicinal effects. He asked with regard to its effects when in- Europe. haled. I spoke of it as producing the same effects as nitrous oxide gas w^hen inhaled ; and I related to him some experiments of mine in taking and giving it for purposes of exhilaration. I stated to him also what was the then general belief, that if in- haled in excessive quantities, its effects would be dangerous, if not fatal. Either Dr. Morton or myself, I don't know which, referred to the experiments of Dr. Wells with nitrous oxide, in extracting teeth without pain, which had failed a short time before — I can't tell how long. [I can't say whether it was at the time of this conversation, or when I first read the journal in Italy, that the idea flashed upon my mind that Dr. Morton was D^" trying to follow up what Dr. Wells had failed in — that is, to find something for a substitute for the nitrous oxide which Dr. Wells had failed in using.] (The part in brackets objected to by Mr. Jackson as not re- sponsive, and as not proper evidence. J. P. P.) 12th. State all you saw or did with reference to this vial. Describe it ? How large w^as it ? What did you do to it ? How do you know it was sulphuric ether? Why may it not have been chloric ether, or nitrous oxide ? Ans. Dr. Morton brought in the vial which he had filled. The vial had on an old and dirty label, on which was printed sul- Bvidence phuric ether. The label was not put on at the time. I recollect ^Lj^^^^gf perfectly well having the vial in my hands, and uncorking it and fore that smelling it. It was a two or four-ounce vial, as large as that. I date. know it was sulphuric ether, and not chloric ether or nitrous oxide. 13th. What did you know of Dr. Wells's experiment, of which you have spoken ? Ans. Nothing, except by hearsay. Dr. Wells told me that K^ he had come to Boston to try these experiments. It was before this time. He said that it w^as a form of nitrous oxide, in reply to my question w^hether it was not nitrous oxide. He said it D^" was a form of nitrous oxide deprived of its noxious qualities. He asked me who he could get to prepare it for him. I referred him to Dr. Morton, who was then a student with Dr. Jackson, saying that he would inform him, or go to Dr. Jackson with him, or something like that. He stated to me that he was going to extract teeth without pain, at some public place, and that he 225 Lad invited all the physicians, or many of the physicians. There <4I; was a general rumor that the experiment had failed. (Mr. Jackson objects to all the conversation with Dr. Wells. J. P. P.) 14th. You speak of a *' general rumor" that Dr. Wells's experi- .^^^ ment had been tried in Boston, and had failed. How far was this a general rumor? How far was it knov/n in Boston that Dr, Wells had tried this experiment? Ans. I heard it through physicians who were present. I don't ^^^^^ know whether it went beyond them or not. A more particular account of it, however, I got from Dr. Morton. 15th. When and where did Dr. Morton give you this account of Dr. Wells's experiment? Ans. At Mr. Burnett's store, the morning after the experiment. ..^a The time I can't tell. I remember it was the next morning, be- cause he said that Dr. Wells had left in the early train, in great ^^^j^ disgust, or disappointment, leaving him to settle up the matters connected with it. This was while I kept the store, I think, ^£^ though I am not positive. 16th. Have you lived in Hartford? When, and in what occu- pation? How long have you known Dr. WelJs? Ans. I lived in Hartford for ten years, just preceding my coming to Boston, and knevv^ Dr. Wells as a dentist there, but 1 had no particular acquaintance with him. 17th. Did you supply Dr. Charles T. Jackson while you kept this place? Do you know of anything which ever led you to suspect that Dr. Jackson was experimenting on ether, vvith reference to prevention of pain? Ans. I remember to have sold him many things, but not cherni- _^^£Xi cals generally. I know of nothing which led me to snispect that he was experimenting in ether. ■ 18th. Where is Dr. Jackson's laboratory? How long has it been there? How near is that to the Massachusetts General Hospital? Which is nearest to it, his laboratory, or Dr. Morton's rooms ? Ans. His laboratory is in vSomerset street, No. 20, or 21. I; Vethedid was there in 1846. I know not hnY Ions; previously. I can't Jl*^* ^,. ^^^J^ give the distance from the hospital; I should say it was twelve or to witnesa fifteen minutes walk from there, and about three minutes neaier tho experi- than Dr. Morton's rooms. ments. 19th. How long was the conversation between yourself and Dr. Morton on the subject of ether? State anything further said, on either side, you may now recollect. Ans. The conversation was half an hour long at least. 1 can't remember anything more than I have stated; it was a general conversation, entirely about the inhaling of ether, interspersed with .^x? anecdotes on the subject. 226 20th. State anything which Dr. Morton said, or asked, tending to show his knowledge or ignorance of sulphuric ether, and the extent thereof. fefc Dr. j\ns. I can't remember any particular thing, but he knew retenS something about it, as was manifest from his questions. The that on 30th questions he asked showed some knowledge on the subject. When Sept. he he went away he knew as much about it as I did, for I gave him Tnorlnt "^ all the information which I had. what ethor . 21st. Please look at the memorial to the trustees of the Mas- wa«. sachusetts General Hospital, made by the Messrs. Lord, in behalf of Dr. C. T. Jackson, of 1849, pages 9 and 10. Have you a-ny statement to make respecting the same? Ans. I can state that the statement in the memorial of what I stated to them is generally incorrect. I made an answer to it at worth read- ^^^^ time, which is document No. 35, appended to the minority ing, p. 229. report No. 114, made to the 2d session of the oOth Congress, dated February 28th, 1849, a copy of w4'iich I hereto annex, and make a part of this my answer. (Thi.s copy is annexed marked A. J. P. P.) 22d. Do you wish to make any change, in or addition to, your letter annexed in reply to the last interrogatory ? Ans. I wish to make no change in it, and know of nothing to add. Cross InterrGgatorieSy by Ji, Jackson^ jr.. esq.^ counsel for Dr, Charles T. Jackson, 1st. Whether or not the conversation testified about at Mr. .Burnett's, between you and Dr. Morton was a prolonged one, or was it a casual and brief one ? Ans. It was casual so far as not being premeditated. It was half an hour or more in duration. 2d. Had your conversation with Dr. Morton any relation to the anesthetic effects of sulphuric ether? Ans. To my knowledge at that time, none, 3d. Did any fact by you communicated to Dr. Morton, or any statement made, relate to the prevention of pain by sulphuric ether in surgical operations of any kind ? Ans. Nothing from me of that kind. I mentioned to him an account of a person who had injured himself while under the in- fluence of ether, and did not know that he had been hurt. 4th. In his conversation with you, whether or not Dr. Morton showed any knowledge of the effect of sulphuric ether in prevemt- ing sensations of pain in surgical operations? Ans. No: I don't know that he did. 5th. Whether or not you were aware that Dr. C. T. Jackson, shortly before the time you had this conversation with Dr. Mor- ton, advised him, Morton, to employ strong chloric ether or solu- 227 tion of chloroform in alcohol as a substitute for creosote in dead- -ening the pain of an inflamed carious tooth ? Ans. I don't know that he had informed Dr. Morton anything ^f the kind. I knew, through Dr. Keep, that Dr. Jackson had recommended to him a strong chloric ether to cure toothache. This was a year previous to this time, if not more. 6th. What was the account referred to by you of a man who did not know of his being hurt ? Ans. In giving a gSieral account of my administering ether, I spoke of a person to whom I had given it, who was exceedingly ^^sg:^ wild, and who injured his head while under the influence of it, and did not know, when he got over the influence of the ether, i;hat he had hurt himself until it was called to his attention. This was not a new fact, hut was well known at the time. 7th. You have spoken of stories and anecdotes which you told to Dr. Morton. Were any of those matters from your own ex- perience ? If aye, what ? Ans. They were all within my own experience, so far as I nov/ recollect. One of the incidents is the one I have just related. Another was the case of a man with whom I sat up all night while under the influence of ether, and a good many ludicrous things occurred, which I related to the Doctor. 8th. Whether or not you told Dr. Morton of the efl^ect which Evidence the ether had on those persons to whom it had been given by t^atMorton you? and if so, what did you state was the effect of the ether? ^ould pro- Ans. The two preceding answers, will answer this. I stated duce insea- that its general eifect was exhilaration, and incidentally I men- s\bility pre- tioned this case of insensibility. J^^q^ ^ ^" 9th. Whether or not there are various kinds of ether — ether with various names ? and whether or not, at this interview. Dr. Morton said anything about this kind of ether which he held in his hand, that it had not served his purpose. Ans. There are many kinds of ether, or several kinds and qualities, varying in name. He said nothing to me about the ether in his hands not serving his purpose. The information was ^^^ ail on my side, though he showed by his questions, that he knew something of its nature. 10th. Whether or not the questions referred to by you in your answer to the 20th interrogatory, were or were not such as any one familiar with Dr. Wells and his experiments, and in- terested in the same, would or might have asked for ? Ans. At the time those questions were asked, I did not know that there was anything then in ihem more than any person in- terested in the subject might have asked, but subsequent events ^^ connected with my recollection of his m.anner, have given me the impression that he was then seeking for tbis object, which has been attained, the anaesthetic effect. 228 11th. Whether or not the substance of your reply to Br. Mor- ton, in answer to his questions, was that sulphuric ether was used to get oil or grease out of coat collars, and for boys to get drunk on or excited by ? Ans. I dare say I might have mentioned that as one of its qualities, what it was used for, though I don't now recollect ; I gave a very general description of its various uses, as then known. * 12th. Has it not been known for a very long time (from time immemorial) that the inhalation of sulphuric ether would produce drunkenness ? Ans. Yes, that has been a fact known for a long time ; that l^^> is, that it would produce exhilaration, which is sometimes called drunkenness. Its effect is always compared to that of nitrous oxide gas, rather than to that of alcohol, as exhilarating rather than intoxicating. 13th. Whether or not such questions as Dr. Morton addressed to you might have been put by a person ignorant of the qualities and properties of sulphuric ether ? Ans. I think not, that is by one who was entirely ignorant. 14th. How long was the time, as near as you can state it, be- iween the morning when Dr. Morton gave you the account of the failure by Dr. Wells with his experiment in Boston, and the time when Dr. Morton had the phial in his hands, of which you have spoken. Ans. I should think it was a year or a year and a half; but I have no means of fixing the time of the first conversation about the experiment. 15th. You have spoken of the nearness of Dr. Morton's place to your own, and of the frequency of his presence in y^ours. Whether from the time of the account by him of Dr. Wells's ex- periment, the morning after it failed, to the time of your de- parture for Europe, you knew, or heard of, or from him (except those matters before stated by you) anything which tended to show any use, by Dr. Morton, of sulphuric ether, or experiments with it ? Ans. I was not in that place of busmess for a long time after the experiments by Dr. Wells. As I have before stated, I sold out in January, 1845, and during the whole summer of that year I was out of town, and heard nothing about the use of ether by Dr. Morton until this canversation which I have stated, which occurred in 1846. THEODORE METCALF. 229 A. To the Trustees of the Massachusetts General Hospital. Gentlemen: In the memorial addressed to your honorable board by the Messrs. Lord, occurs the following passage: — "Mr. Metcalf has authorized your memorialists, should they publish again in Dr. Jackson's defence, to make the following statement from him. Dr. Morton and myself, in the conversation to which ray letters relate, did not converse together about sul- phuric ether, especially its effects when inhaled -as a prevention of pain in dental operations, as stated by Mr. Bowditch. In so stating, he entirely misinterpreted the meaning of my letter. The conversation on my part had no reference to sulphuric ether in any anssthetic sense ; I spoke of it as an exhilarant, and an exhila- rant only. Mr. Metcalf assured one of your memorialists, that whatever might be his apprehensions, he could not state that the conversations had reference to sulphuric ether, in any anassthetic sense, on the part of Dr. Morton, or that Dr. Morton's inquiries were not such as ordinary curiosity would have suggested to the mind of any one, or that he himself received from the conversation any impression that Dr. Morton was seeking to discover anaesthetic properties in sulphuric ether." As the claim to authority is entirely unfounded, and the state- ment of my conversation with the memorialist so distorted as to convey false impressions, I have not only the right, but am under an obligation to correct them. Some months since, at the written request of Mr. J. L. Lord, I called at his office ; he desired from me a more particular statement of ray interview with Dr. Morton, than I had made in my note to Mr. Bowditch ; I told him that all the material facts were already given in my notes; that I could go no further without mingling impressions with facts, which I had been careful not to do notes; that all my impressions would make against his m the client^ &c. Mr. Lord desired to know w^hat those impressions were, and after putting questions upon the. subject in almost every variety of form, he wrote what he said he considered was the sub- stance of my answers, and asked for it my sanction ; I declined giving it, as his memorandum contained the same errors which are to be found in the above extract. Mr. Lord expressed sur- prise that he should have so misunderstood me, and after still fur- ther conversation, proposed to draw up another statement, which he did, and showed to me a day or two after. This second state- ment, although couched in different phraseology, contained some 230 of the same misrepresentations as the first. Feeling now that Mr. Lord had no desire to understand what I really meant, and that he caught at single words and forms of expression, made use of in answer to his varied queries, I told him that neither of his memoranda contained the true meaning of what I had said to him, and that I could not sanction them. I then requested him to pub- lish nothing, without first submitting it to my inspection. He said he certainly should not, and requested that I should, myself, write the substance of that part of my conversation with him which bore upon the case, and which he had failed to write satisfactorily. This I conditionally consented to do, but upon reflection wrote merely the following note: September Gentlemen : — It is only at your urgent and repeated solicita- tion that I am induced to say another word upon the facts known to me, with regard to Dr. Morton's discovery. From my former notes, as they appear in Mr. Bowditch's pamphlet, I have not one word to subtract or alter. I have stated in those notes all the material facts vv^hich I distinctly recollect, and now, as then, am ready to swear to them. In writing them, I carefully avoided all confusion of impressions with facts. The impressions which I have with regard to my conversations with Dr. Morton would not help your case, and could not, perhaps, be urged as proof on the other side ; and I have concluded, upon reflection, not to make them public. My positive fedimony will be received for what it is worth, and I desire to influence no one in this matter of mere opinions and impressions. Yours, &c., T. METCALF. • Messrs, Lord.' The Messrs. Lord, instead of publishing the above note, which is the only thing they had a right to dc^ publish a statement simi- lar to that to which I had refused my assent, do it in violation of a pro'inise not to publish anything without first submitting it to me, and they add to a breach of promise, a positive falsehood tn claiming my authority. The " statement" which is printed with quotation marks, as if it was mine, commenced with a sentence so constru^jted and pointed, as to carry a false impression. I stated to Mr, Lord, (what I had before written to Mr. Bpwditch,) that Dr. Morton did converse with me about sulphuric ether, especially its effects when inhaled. Mr. Bowditch, so far as I remember, has nowhere stated that we spoke of it *^as a preventive of pain in dental operations." The next short sentence in the ^^ statement is untrue, I never said to Mr. Lord thai the meaning of my letter had been entirely 231 'misinterpreted hy Mr. Bowditch; I told him that J had, read Mr. B.'s pamphlet, and had seen nothing in it hut correct statements and fair inferences. Mr. Lord then said that Mr. B. had stated that the conversation between Morton and myself was about sul- phuric ether as a preventive of pain in dental operations, and he read a sentence from the pamphlet before him, which seemed to sustain his assertion. Upon w^hich I said that such a stateraent or inference could not, perhaps, be fairly drawn from the words of my letter alone ; but I thought that the inference drawn by Mr. B. from my letter and the corroborative evidence in the case, was fair and natural. The next two short sentences in the " state- ment" are fafrly enough stated, except that to give the last one of them its true meaning, the personal pronoun should have been italicised, instead of the noun and adverb. Here the claim of your memorialist to authority from me seems to cease, and they proceed to state what one of them was assured of by me. This paragraph is also incorrectly stated ; I told Mr. Lord that I could not state positively that Dr. Morton spoke of sulphuric ether in an anaesthetic sense ; but that the tenor of his conversation, his nu- merous questions, and the reference made by one of us to Wells's experiments, did leave such an impression on my mind. Mi\ Lord asked if I could swear that this might not have been an impres- sion received subsequently, and which I had so mingled with for- mer facts, as to believe it an impression formed at the time. 1 still said to him, that although I would not sw^ear that I had this impression at the time of the conversation with Dr. Morton, yet I believed I had. This belief is founded partly upon my memory of the manner of the conversation with Morton, and partly upon the fact, that v)hen in Italy, months after ^ I saw for the first time an account of etherization in a French journal, in ichich its discovery was ascribed simply to a ** Boston dentist ;''^ I said at once, that I was sure Morton must he the man, for ha zcas en- gaged upon ether before I left home, and that J now kneio why he had been so curious, and at the same time shy in his conversation with me. I may not ha.ve given in my statements and letter above, the precise words used at the time by Mr. Lord and myself, but 1 have endeavored to give, as nearly as possible, the substance of those parts of oar conversation which he has misrepresented in the memorial. That Mr. Lord sought the intervieio for the purpose of catch- ing me in some apparent contradiction hy cunningly devised ques- tions, I have not now the least doubt, and failing to succeed as well as he had hoped, he resorts to the wAsrepresentcitio-': "hick I have pointed out. 232 With great regret that I am forced to trouble your honorable board with so long a letter. I am, gentlemen, very respectfully your obedient servant, THEODORE METCALF. Boston, January 6, 1849, The above is the copy referred to by me in my answer to the 21st direct interrogatory, which I annex and make part of my answer to that interrogatory. THEODORE METCALF The foregoing is the copy referred to by me in deponent's an- swer to 21st direct interrogatory, as annexed and marked A. J. P. PUTNAM, Commonwealth of Massachusetts, ) Suffolk county, \" ' We hereby certify that the foregoing is a true copy of the dep- osition in perpduam, of Theodore Metcalf, taken before us upon the petition of William T. G. Morton, under the statutes of this Commonwealth. GEORGE T. CURTIS, J. P. PUTNAM. Justices of the Peace and counsellors at law. BosroN, December 14, 1852. I, Joseph M. Wightmari, of Boston, in the county ot Suffolk^ and Commonwealth of Massachusetts, of lawful age, being first dul^ sworn, depose and say, in answer to interrogatories by Rich- ard H. Dana, Jr., counsel for William T. G. Morton : 1st. W^hat is your occupation, place of business, and residence, and hov\r long have they been so ? Ans. I am a philosophical instrument manufacturer ; I reside in Boston, and my place of business is 32 Cornhill, in Boston ; I have been a resident in Boston always ; I was born here ; I have been in this business since 1836, as a master, and at the present place of business during the whole time. 2d. What public offices do you hold, or have you held, during the last ten years ? Ans. I have been a member of the Grammar School Committee of the city of Boston for four years ; I have been chairman of the 233 Executive Committee of the Primary School Committee for four or five )^ears ; I have been a member of the Legislature of Massa- chusetts two years. 3d. Have you been in the habit of lecturing and experimenting on any, and what, scientific subjects, and how long, and where ? Ans. I have been in the habit of lecturing and giving experi- mental lectures on science since 1837, on all the various branches of natural philosophy; I have lectured before the Providence Me- chanics' Institution, the Lowell Mechanics' Association, the Salem Mechanics' Association, the Marblehead Lyceum, in Newport, Great Falls, Boston, repeatedly, and other places ; I also assisted Professor Siiliman in the winters of 1841-2 and 1842-3, in his lectures before the Lowell Institute, and I also assisted Professor Lovering in his lectures before the same Institute. I am con- stantly making experiments on scientific subjects ; my business is of such a nature that it is one constant series of experiments from beginning to end. 4th. Have you known Dr. Charles T. Jackson, of Boston; how long, and how intimately ? Ans. I should think I had known him intimately for ten or twelve years, or fifteen ; I should be certain it was fifteen, and might go back farther than that, quite intimately; I have been ; associated with him by lecturing before the same associations with him ; he has been to my rooms and had conversations with me on various subjects — scientific subjects. We belong to the Warren Club together, and the Natural History Society. 5th. Do you know Dr. William T. G. Morton ? When did your acquaintance wdth him begin ? Ans. I do know Dr. Morton ; my acquaintance with hira began in the summer of 1846. 6th. Have you any connexion of blood, marriage, or business with him, or have you ever had ? Ans. No, sir, 7th. Please to state the circumstances of your first acquaintance with iiim ? Ans. Dr. Morton visited ray rooms to procure some instrument for exhausting the air between the plate and the gums, in matters of dental operations ; that was the object of his visiting my rooms^ and then a conversation ensued with regard to the whole subject of atmospheric pressure ; he came several times in relation to the subject. On one of these occasions, as he came up the stairs, I met him, and made some remark like this: " Whether he had sat- All this isfied himself that 1 was correct in the impracticability of the ^^ ^^^^ process which he proposed." His answer was, that he was en-p^ior^' to gaged in another matter of much greater importance. After some 28th Sept. little conversation in reference to the first subject, that is, the at- See answer mospheric pressure, I think we went down stairs together. Before interroga- » we went down stairs, however, he asked to see some India-rubber torv. 234 bags, which he said he had seen below. I showed him the bags in the room below, and after examining them, he asked me if they would hold ether. My answer was, that I thought not, because ether was used to soften rubber ; that I knew it, because I had Yet Dr. softened the common India-rubber flasks or bags, and then, by in- whole^ca^se ^^^^^g them, produced large bags of rubber, extremely thin. He depends on then inquired whether, in my opinion, oil-silk bags could be used. the pre- 1 told him that oil-silk was made by filling the pores of common i!?^^i!^ on^K silk with a preparation of linseed oil : that I presumed it would on the 30th ^^K t u i ^- i i i j • i x- Sept. 1846, ^ot answer, but as i had no practical knowledge m relation to Morten was that matter, I advised him to call on Dr. Jackson, who could wholly ^g- probably give him the necessary information. Dr. Morton replied cther.*^ and that he was acquainted with Dr. .Jackson, that he had been a stu- received dent with him, and I think resided with, or was acquainted with the first }^ig family, and was surprised that he had not thought of inquiring itfrorahim. ^f him before. He then left me. I believe that is all the conver- sation vrhich took place at that time. 8th. Did you have any conversation with Dr. Morton at that time, or when, on the subject of mesmerism? State all that was said. Ans. At this time we were examining the bags down stairs, which were taken from a drawer, when Dr. Morton asked my B^ opinion of mesmerism. My reply w^as, that I had but little faith in it, for although some parts of it were inexplicable, yet I be- lieved that much of it was due to the imagination. As to the This far- power of the imagination upon the mind of an individual, I stated ?% ^ih' ^^ ^^^^' ^^^^ ^ ^^^ recently read an account of an experiment upon fact that ^ criminal by some surgeons, who proposed to bleed him to death, this was instead of which they blindfolded him, laid him in a proper posi- pnorto the A-^j^^ ^j,^j ijai^^jaggd hjg arm, and after pricking the skin, they with Jack- caused warm water to trickle dow^n his arm, as if the blood was SOD, as he flowing. He supposed that he was bleeding, and with this idea himself ^|ng surgeons observed his pulse to fall gradually, until, when they ton^ nar-^^^^ ^^ remove the bandage, they found that the man had died rated the under the experiment. My impression is that Dr. Morton said anecdotes something of this kind, that it was a very singular circum.stance. +heii '^ ^^ stated, ^^:hen he left me, as I recollect, that he should go to Dr. Jackson's and find out about the elieet of the ether on the bags. 9th. When Dr. Morton asked you if the India-rubber bags would hold ether, did he mention what kind ot ether he was in- quiring about? What was it? Are you sure? and why? Ans. I asked him, when he asked me the question, ''if it was a^ sulphuric ether.'' He said it was. I am sure, because of the sub- sequent conversation with him of the effect of the ether in soften- ing the bags. I knew of no other kind of ether which would K^ have that, effect. When he asked me about the effect of ether upon the bags, my first question to him was, " I suppose you mean sulphuric ether," and he replied " that he meant the com- mon ether." I think these were his w^ords. 235 lOth. Did you, or not, consider it material, before answering his question, to hear whether it was or not sulphuric ether that he referred to ? (Objected to, as the mere opinion of the witness as to what he deemed material.) Ans. Yes, sir. 11th, Was the information you gave him based upon the sup- position that he was inquiring about sulphuric ether ? Had it been nitric, or chloric ether, couid you have given him the same answer, or any answer? Ans. The information which I gave him was based upon the «£ii supposition that he was inquiring about sulphuric ether. I knew that there were various other ethers, but I had no knowledge of their effect upon India-rubber or organic substances. 12th. State all the subsequent interviews between yourself and Dr. Morton, relating to these matters. Ans. My impression is, that the next time I saw Dr. Morton was in the cars on the Worcester railroad, when he was going to West Needham, and I was going to my family, who were boarding at Dover. I w^asin the habit of going to Dover in the five o'clock train, Saturday afternoon, and remaining with them until Monday morning. On several of these occasions, in the cars, I met Dr. Morton, and had conversation with him. I don't recollect any particular conversations with him on this subject, in the cars. The conversations were rather of a desultory character, in refe- rence to the subject of dentistry. My family went to Dover on or about the first of August, 1846, and returned on the 28th of . ^^^is date September. There were not many persons in the car on the ^^y jt fixed^v of oar return from Dover to Boston. Dr. Morton got into the entries in cars with rne at West Needham. After some little time, I spoke ^^r. Wight- to Dr. Morton, who had in his hand a boquet of flowers. I made ^^^^^ ^^^ some inquiry about them. He stated that they were from his p, 256,) garden at West Needham. I told him that I was returning with The origi- lay family to Boston, and he inquired if it was Mrs. Wigutman °^^.^,5^^^ ^^ Y/ho sat with me. He then asked me if I would accept of the cut " from flowers for Mrs. Wightman. I gave them to her. [She then the book whispered to me aiiil asked me who it was. I replied that it was ^" this ex- Br. Morton, and introduced them, I believcj though 1 am not ig'anne^j^^ certain. She inquired of rne who Dr. Morton was. I stated to to this de- her that he was a dentist, who was experimenting upon the relief P^^j*^^°' of pain in dental operations, or something substantially to that ro"utory.^'^' effect. I made the remark that Dr. Morton %vas trying to keep it secret, but that I thought I knew what it was.] From tha't The part time, I don't think that I had any interview with Dr. Morton for of this an- a long time afterwards. The next interview, as near as I can f"^^^ , ^^" recollect, which I had with Dr. Morton, was one morning passing i^*^ ^clearly down Tremont row, I met Dr. Moiton opposite the Pavilion competent 236 f^^'hi^?* Hotel. He asked me to step into the ofSce of the hotel for a few show ^'the i^o^ents, stated that he had never settled with me for the articles impression which I had furnished in his experiments, and desired me to make on the wit- out a bill. I told him that I believed I had no account with him, at the time *^^^ the articles were very trifling, and as he had been in the ' habit of taking articles and then exchanging them, I thought I had no entry of them in the books. He expressed his regret, and wished me to look over the books to see if 1 had no charge against him, of any dates. In conversation with him on that occasion^ he stated to me that there was some disagreement between him and Dr. Jackson, and that he was very desirous of fixing the time that he (Dr. Morton) first began his experiments upon ether. I told him that I did not then think of any way by which I could fix the date of his visits to my rooms, but I would examine the books carefully, and see if there were any entries which would aid in fixing the time. The lesult of this examination was that I had ^^^^ no charges against him of any kind, but it occurred to me that the subject was introduced in the cars, on the return of my family D5^ from Dover. I then examined my cash account, and found entered on the 28th of September, 1846, " Cash paid, expenses from Dover.'' (The portion cf the answer in brackets is objected to. J. P. P.) There are subsequent entries in the same book on the 29th and 30th of September. I stated the result of this investigation to Dr. Morton. I was mistaken in saying that this interview with him at the Pavilion was the first which I had had after meeting him in the cars on the 28th of September. Shortly after my re- turn from Dover, early in October, Dr. Morton procured of me Q^" several articles of glass apparatus for the purpose of inhaling ether. At that time I knew it. He stated to me what he wanted of the articles. I think he said that he wanted the apparatus to breathe ether. I asked him if it was not dangerous to the lungs. He said no ; that Dr. Jackson said it was not, and that he had tried it hiro.self. He took, at that time, several glass articles. I don't recollect particularly what these articles were. One of them was a globe receiver, I think. A few days afterwards he came to me and asked me to fit him up a piece of apparatus, as Dr. Warren was to administer the ether at the hospital the next day. I told him I was very busy, but, at his earnest solicitation, 1 fitted up a glass globe receiver, by attaching a pipette, or dropping tube, to the tubular of the retort, by means of cork. I used a round rasp to perforate the cork to admit the pipette, and then made with the same rasp some grooves on the outside of the cork to admit the air into the globe to mix with the vapor of the ether. Dr. Morton stated to me that it was necessary that the air should be mixed with the. vapor and breathed. He took it away and ex- pressed himself satisfied with it. He was much excited at thii 237 time, i recollect very distinctly thai part of it. From that time I think I had no interview with Dr. Morton until 1 met him at the Pavilion. I'Sth. Please produce your cash-book, that it may be marked by the magistrates; and copy from it the entries of which you have spoken, and make them a part of this answer. Ans. I will annex the original leaf from the book. ^tq 14th. Did your wife come in the cars with you and Dr. Morton on any other day after your removal into the city from Dover, on the 28th September? Ans. No, sir. Nor did Mrs. Wightmaii come into the city from .^^i! the time of our going to Dover until the time of our return on the 28th of September. 15th. Did you ever more than this once meet Dr. Morton in the ^^£j\ Cars, when Mrs. Wightman was with you? Ans. No, sir. 16th, Did you ever, yourself, when alone, meet Dr. Morton in the cars, on your way into the city? What was your hour of coming in ? Ans. I think not. My hour of coming in was usually the first ^^£^ train in the morning. 17th. How did yoa happen to meet him when you had your family with you? Ans. Because, bringing in my family, I took a later train thaw .^^ usual. 18th. When you told Mrs. Wightman in the cars that Br. Mor- ton was experimenting to relieve pain in dental operations — that he tried to conceal it, but you thought you knew what it was ; on what did you base your opinion or belief, and to what did you refer ? (This question objected to, as inquiring of the opinion of the witness, and not of a fact, and also of conversations between the witness and his wife. J. P. P.) Ans. Conversations with Dr. Morton. ^^^^^ 19th. With what did you then suppose him to be experimenting? (This question objected to, as inquiring of a supposition.) Ans. With sulphuric ether. ^^-53 20th. Why did you suppose that it was for the alleviation of pain in dental operations that he intended to apply the ether? (Same objection as to the last.) ■ Ans. Because, he being a dentist, and conversing upon that^n subject, I received that impression. 21st. Had you in your said conversations %vith Di'. Morton be* fore this time told him anything about experiments in taking ether, and the effects ? Ans. I can't fix the date, but I recollect conversations with him on that subject, as to the exhilarating effects of ether, but whether before or alter that time I could not say. I told him that the ex- hilaration of ether, or its substitution for exhilarating gas, was not 238 imcommon ; that when Mrs. Wightman was a school girl, she and her companions used to sprinkle ether on their handkerchiefe, and produce an effect something similar to the exhilarating or nitrous oxide gas. 22d. Whether or not was this said in any connection with the conversation on Mesmerism? Ans. No, sir, I think not. I don't recollect any connexion be- tween them. 23d. You have said that when Dr. Morton first called on you for chemical glasses, after this conversation in the cars^ he told you he ^vanted them for inhaling ether. Did he thea say for what purpose he wished the ether inhaled? Ans. Yes, sir, to produce insensibility, and my impression is that it had reference only to the extraction of teeth, at that time. 24th. At the time you spoke to Mrs. Wightman in the cars, liad Dr. Morton ever told you that he was using ether to produce insensibility, or to relieve pain? Ans. No, sir. The first information which I derived directly from Dr. Morton, that he wns using ether for this purpose, was when he called upon me for tiie glasses, when he told me that Dr. Jackson had said that he. Dr. Morton, had tried it himself. He Consistent was not very open at first. I remarked to him that I had suspect- with his ed v/hat he was experimenting upon. He asked me what made fate?vitw'^^ me suspect it. I replied that I could hardly tell what made me with Dr. suspect it, that he had taken a good deal of pains to mystify it, Jackson, but various little circumstances led me to the conclusion that he was using ether for this purpose. I recollect a question put to me at this time by Dr. Morton, whether I smelt ether about him. I told him that I did not, but that I inferred it, or received my im- pressions, from the manner in which he had asked various ques- tions. This was early in October. I fix the time, early in October, because it was previously to the time of his coming in to procure the apparatus for the experiments at the hospital, which time was some days after this, and occurred about the middle of October. The time vv-hich I now speak of was the time when he came for the chemical glass. 25th. Have you now with you your cash-book ? If yea, please produce it, and let the leaf containing the entries of August and September, 1846, be signed by yourself and the magistrate. Has this been done? KF^ Ans. I have the book, and the leaf has been signed by me and the magistrate. 26th. Are you willing to cut this leaf from your book, and have it annexed to this deposition? If yea, please do so. Have you done so, and in whose })resence? Ans. I am willing. I have cut the leaf out, in the presence of 05^ the magistrates, A. Jackson, Jr., counsel for Dr. Charles T. Jack- son, and R. H. Dana, Jr., counsel of Dr. William T. G. Morton, 239 and Dr. Morton, and I annex it as part of this, my deposition, (This leaf is annexed.) ,^ 27th. To what does the entry of August 1st, on the sheet frora your account- book, refer? Ans. It refers to the taking* of my family to Dover. .^^Xl 28th. What wa^ the fare of one person from Dover to Boston in 1846 ? Could the entry of September 28th have referred to your own personal expense, without that of your family? Ans. The fare was fifty cents. The entry could not have re- ^^^ ferred to my own individual expense without that of my family. I do not recollect of having seen the entry before now since June, 1848. When I answered the twelfth interrogatory, I answered from memory, without being aware of the exact terms of the entry of September 28th. 20th. Have you had any interviews wiih Dr. Jackson, in which the dates on your book were matter of remark ? Please state all the circumstances. Ans. The first interview which I had with Dr. Jackson was in company with Mr. Joseph Peabody, respecting a communication in the Boston Daily Advertiser of March 5, 1847, and signed "E. W.'^ I do not recollect the particular conversation which took place at that time, but I stated to Dr. Jackson the grounds upon which 3 had made the statement to Dr. Morton ; and in my conversation stated to him that the dates were settled in my mind from their relation with an entry in my books. Dre Jackson and ^^r; Mr. Peabody endeavored to convince me that I was in error with regard to the transactions, during which Dr. Jackson becam^e considerably excited, and Mr. Peabody suggested that I should meet him, Mr. Peabody, at his rooms. This conversation was at my rooms in CornhilL Dr. Jackson then left, and I v/ent with Mr. Peabody to his rooms, in Burnstead Place, [where we went over the whole ground. I remained with him in conversation upon the subject, for, I think, more than an hour; the result of which was that I received no conviction from him that I had made any error in my original statements. Mr. Peabody stated to me, that he could not blame me for any views which I might entertain with regard to the subject, upon the evidence, and that n r ^ Dr. Jackson had other means of proving that he was the original ^^^^ finding discoverer, and requested me, that as I had stated to him and Dr. his first po- Jackson that the allusion to me in the communication in the Daily ^^.*^^!|]^ }|^^^' Advertiser of March 5th, was without my knowledge and con- ^ second, sent, and I considered it a breach of courtesv on the part of Dr. See below. Morton, I should have no further communication loith Dr. Morton tipon the subject, and stated to him, that as I had fully stated to him and Dr. Jackson all the circumstances with which I was acquainted in relation to the subject, that I should decline any communication with either party.] I met Dr. Jackson repeatedly, but without any allusion to the ether controversy. One day, ^^^ 240 sometime afterwards, I was passing Dr. Jackson's office in Somer- set street, when I met him at the door, and he invited me in. The subject of ether was soon introduced. I told him that it was not a pleasant subject to me, that I had stated all I knew about the matter in my note to Mr. Eo"w ditch, and avoided the subject. 0^ He stated to me in substance that my dates might be correct, but whether they were or not, it made no difference with regard to the originality of his discovery, for that he had evidence to prove that his discovery was as far back as 1842. The subject was then DS^ dropped. (The part in brackets objected to. J. P. P.) ^Oth. What w^as the substance of this article in the Advertiser, and who wrote it? What was the breach of courtesy to which you refer? This and -^^s. The substance of the article was a defence of Dr. Mor- the follow- ton's claim to the discovery of ether, and I learned irom Dr. iDg^ shevf Jackson and Mr. Peabody, that it was written by a friend of Dr. l^^tl^^it^in Morton's, Mr. Edward Warren. The breach of courtesy was the ilcSa JUS no '' . ,. i'ir»T partizan of reference to me by name m the communication, which referred to Dr. Morton, the information given to Dr. Morton, and engaged me in a con- to Dr Jack^ troversy between parties, without my consent or a knowledge of son. * the use which was to be made of it. 3 1st. Please look at the History of the Massachusetts Genera] Hospital, by Mr. Bowditch, published in 1851, at pages 245 and 251. Are the letters bearing your name there written by you? Ans. They are. 32d. At the time the ether controversy began, with which of the parties. Dr. Morton or Dr. Jackson, had you been most inti- mate? Toward which of these parties, if either, had you the most general sympathies and inclination, irrespective of this ques- tion, before that time ? (Objected to as immaterial.) ^^^^ Ans. I had been the most intimate with Dr. Jackson, and had the most general sympathy and inclination towards him before K^ that time. ood. Is your memory good, or otherwise, as to power of re- Tkebooi- tention of occurrences taking place under your own observation? tke looic— How far so, as you have observed? there is no j^^iS, I Consider my memory very good and very retentive with 7hll'^^ regard ' to circumstances, and particularly with regard to the 2^%. ' minutiffi of them. 84th. State as nearly as you can the dates of these interviews with Dr. Jackson. Ans. I cannot state anything in regard to those dates, with certainty, except the first one. That was on the 5th of March, the date of the appearance of the article in the Advertiser. The second interview was, I think, but a short time previous to my letter to Mr. Bowditch of February 10, 1848. I desire to cor- 241 rect my statement made in answer to the 29th intenogatcry, in which I refer to my interview "svith Dr. Jackson, at his house in Somerset street. 1 said in that answer, that I told Dr. .Jackson that I liad stated all I knew^ about the matter in my note to Mr. Bow'ditch. I wish now to say, that I said to Dr. Jackson that I had avoided conversations upon that subject with every one, that I had not seen Dr. Morton nor any of his friends since the con- ...£0 versation w4th Mr. Peabody in March, that it vgas not a pleasant subject, and 1 had avoided it as far as possible. 3oth. Why did you give the letter to Mr. Bowditch, if you had told Dr. Jackson and Mr. Peabody that you intended to have no further communication with either party .^ Ans. On the receipt of Mr. Bowditch's note to me desiring in- formation, to which my letter of February 10, 1848, was an answer, I hesitated as to the propriety of my writing upon the subject after what I had given Mr. Peabody to understand. I then considered, that in the recent interview which I had had with Dr. Jackson, nothing which I should state to Mr. Bowditch would "^^ vitiate Dr. Jackson's claim to the discovery in 1842. I had also been repeatedly addressed upon the subject by different indi- viduals, and I considered, that as the letter was to be used in a report not drawn up by either party, it would give my statement ^^£^ publicity in a more agreeable manner than any other. That was a strong motive. 86th. When Dr. Jackson lold you that he did not care whether your dates were correct or not, as he could substantiate his dis- covery as far back as 1842, what reply, if any, did you make? Ans. I said that I vvas very glad to hear that, as it would re- lieve my mind of responsibility with regard to statements which .^£0 I had made in the controversy, which statements had reference only to 1846. 87th. Have you had any interviews with Mr. Lord, who was Dr. Jackson's attorney ? State all the circumstances. Ans. Previously to the publication of Mr. Lord's defence of Dr. Jackson, in June, 1848, a gentleman called at my rooms, and said that .he wished to see me about the ether controversy be- .^^^n tween Dr. Jackson and Dr. Morton. I replied that my business engagements w^ere such that I must decline to enter upon, any conversations with regard to the matter. He then left, and 1' was subsequently informed by some one, whom I don't now recollect, that one of Dr. Jackson's counsel had called upon me, and I had refused to give him any information with regard to the subject. I replied that a gentleman called without intro- ducing himself, and that it was his fault if he did not get the information he wished ; for I should certainly have given him, as counse^l for Dr. Jackson, any information which I poss(?ssed as freely as to any one. A short time afterwards I was w^^ited upon bv a gentleman, who stated to me that he was Mr. Lord, and was 16 242 counsel for Dr. Jackson, and he wished to go over the subject of the ether controversy with me. He sat down in my room, and I stated to him all the circumstances with which I was acquainted, Then the and exhibited to him my cash-book, with the entries of Septem- covSy in' ^^^ ^^' 1846. At this interview, allusion was made to his '42 became brother having called on me, and I explained to him the reason inevitable, of my not having communicated with him at that time. (This answer is objected to by Mr. Jackson. J. P. P.) •38th. Did you know the gentleman who first called ? Did you know the capacity in which he acted ? Ans. I did not know him, or of his being in any way con- nected with the subject. Cross Interrogatories by A. Jackson, jr., esq., counsel for Dr. Charles T. Jackson. 1st. (/an you state what method Dr. Morton proposed ia rela- tion to atmospheric pressure, as referred to by you in ansvi^r to 7th interrogatory ? _ Ans. Yes, sir ; he came with the idea that I could make a examina-^ syringe for him, to be connected by a tube with a plate, through tion will be which the air might be exhausted between the plate and the gum iound to iji dental operations. He supposed that, after exhausting the the\^?timo- ^^^' ^^^ syringe could be detached, and the orifice closed and the ny in chief, vacuum be retained. and not to 2d. Whether or not he came frequently about this matter of S^ anTsin- atmospheric pressure ? If aye, how frequently ? gle particn- Ans. I think he came not more than two or three times. lar. 3d. Can you state, from Dr. Morton's conversations with you, which you have referred to in 7th interrogatory, what degree of knowledge about this subject of atmospheric pressure he showed ? Ans. I think he understood the subject of atmospheric pres- sure, but was entirely mistaken in his ideas of the manner in Avhich it could be produced — I mean produced between the plate and the gums. 4th. What do you know, if anything, of any use by Dr. Mor- ton of any substances — any of the various kinds of ether — for deadening the sensibility of carious teeth ? Ans. I have no knowledge of any conversation with him on that subject. I think the subject was never introduced. 5th. If I understood aright, in answer to 12th interrogatory, you stated that ^-'the conversations in the interviews between you and Dr. Morton in the cars related to dental operations" — was that so ? Ans. Yes, sir ; I think they were. During the interval of five or six weeks, while my family was at Dover, I met him, I should think, three or four times certainly, and perhaps five times. The 243 €ars were generally about an hour in going from here to West Needham. There were two or three subjects in reference to dentistry which we spoke of. I suggested to him a method for preventing the shrinkage of the moulds affecting the plate. This matter of the syringe came up several times. 6th. When Dr. Morton came to your rooms, as you have said, in answer to 7th interrogatory, did he purchase a bag of you ? If not, did he o;ive any reason for not purchasing any ? Ans. He did not purchase a bag of me. I don't think he gave any reason for not so doing. I supposed, from the reason that I gave him at the time, that the ether would soften the «^ rubber and act upon the oil-silk, that he did not think that he wanted it. My impression is, that I advised him not to try it without further information. 7th. What kind of gas-bags did Dr. Morton examine Ans. Those made of India-rubber cloth^ which we usually have for the chemists to retain gasses. 8th. Were these gas-bags of different sizes ? Ans. Yes, sir. 9th. Were not yours, or some of yours, large bags ? Ans. They would hardly pass for large bags ; they ranged from one to three gallons. 10th. Do you know, or did you at that time know, of any other persons than yourself and Mr. Chamberlain that had any India-rubber cloth bags f -r sale? Ans. No, sir. The India-rubber companies have bags of a similar kind, of various sizes, but they are not fitted with a con- nexion to attach stop-cocks, as used by chemists in experiments. 11th. Do you know certainly the time of Dr. Morton's pres- ence in your rooms, when the conversation detailed in answer to 7th interrogatory was had concerning India rubber bags ? Ans. N03 sir ; I do not know the time certainly. It was cer- tainly previously to the return of my family from Dover, 12th. You have stated that you furnished Dr. Morton with some articles of glass apparatus — was any conversation then had about India-rubber bags ? Ans. No, sir. All the conversations in reference to glass ap- paratus were in October. 13 (h. Did Dr. Morton get any glass apparatus for the purpose of inhaling ether from you before the time you have spoken of as early in October, 1846 ? Ans. No, sir. 14th. How long an interval was there between the time when he came lor information about atmospheric pressure, and the time when he came for an apparatus by means of which ether should be administered in the hospital ? Ans. As near as I can recollect ; several weeks certainly. 15th. In your answers to 7th and 8th interrogatories, have you 244 fully stated all the conversation you had at the times there referred to with Dr. Morton ? Ans. No, sir. 16th. Whether or not your first answer (an answer not written) to 10th interrogatory, before any explanation by Mr. Dana or Mr. Putnam of the meaning of 10th interrogatory, was " no, sir" — "my inquiry of him was a casual remark?" Ans. I don't recollect distinctly about it, whether I made use of those precise words or not. I certainly did not intend them to be the answer to the question. The answer as now written is correct, and I don't wish to vary it. 17th. Was the conversation at the interview you have spoken of, as asked of you by Dr. Morton in the office of the Pavilion, in reference to payment by him of his bill, or to induce you to render him some service? Can you tell the time of this inter- view ? Ans. I did not understand it as asking of me any service. I have no means of fixing the time or date of this interview, but it was some considerable time previous to March 5, 1847, be- cause the conversation with Dr. Morton had passed from my mind, until it was brought up by Dr. Jackson's and Mr. Peabody's visit, with the article in the Daily Advertiser. 18th. Did Dr. Morton propose to pay your charges ? Ans. Yes, sir. He said he wished to have the bill, so that he could settle up all those matters. 19th. What else, if anything, did he say about dates of charges ? Ans. As near as I can recollect, he said, when I told him that I did not recollect of making any entries, that Dr. Jackson and himself had disagreed upon some matters in relation to the dis- covery, and that Dr. Jackson claimed the whole as his own, and D^ he wished to show by dates of transactions, if possible, that it was not so. That is in substance what he said. 20th. Please state the manner in which your books were kept as to accuracy ? Will you give some descriptions of your books?" ^^^ Ans. I kept this book myself, and no entries of cash were made except by myself m the book. I consider it accurate. This 0^" is the only cash book which I have. One part of this book was used for orders and transient accounts, and another part as a Q^^ record of my cash transactions, and this entry of September 28th was made in this latter part. This book includes all the cash transactions from January, 1844, to December, 1848. ^o<^"^^^^ 21st. Were your books in your rooms so kept as to preclude enough ""to ^^'^^^ as to dates? \ . . charge Mr. Ans. Yes, sir. They were ahvays kept m my own possession, Wightman and no one else has access to them. Stries^o- ^^^' ^^ ^^ ^^^ y^^^ books show that you sometimes, or often, perjury. * omitted dates of charges, and put down names of charges simply? 245 Ans. Whenever a date is omitted, it is intended to refer to the next preceding date. I considered it unnecessary to repeat the date. 23d. Is it not a matter of frequent occurrence with people in your business, as in a laboratory book for instance, to simply put down names and charges, and leave the dates unfilled ? Ans. I don't know w4iat the practice is of others ; it is not mine. Before I make an entry of an order or any entry, I always =^ first fix the date of it. This is necessary in my business ; for I should not otherwise know when an order came in, or when to take it up. 24th. Whether or not your answer to 29th interrogatory was given after you looked at your letter of February 10, 1848, and made with the History of the Massachusetts Hospital by Mr. Bowditch, opened at the place where the letter is published ? And whether or not your statements as to dates have or not been based here to-day on reading your letters in said Massachusetts Hospital History ? Ans. I inquired as to the date of the article in the Daily Adver- tiser, and Mr. Dana handed me the History of the Massachusetts Hospital Society for the purpose of fixing that date, and that "=^ date was all I fixed by an examination of it. I have kept aloof from any information derived from other sources, supposing that it was my duty in my examination here to make up my mind w^ithout reference to them. The only information I have derived from reading my letters or that History, are as to the date of the letter in the Daily Advertiser, and the date of my interview with Dr. Jackson at his house in Somerset street, in connexion with the date of my letter to Mr. Bowditch. 25th. In what book is that story found about the experiment of the surgeons in bleeding a criminal to death by the power of his imagination? Ans. I don't know, sir ; nor can I say where I read it, nor do I know that it is strictly correct, or that I repeated it to Dr. Morton correctly. 26th. You have spoken of three interviews in your rooms be- tween yourself and Dr. Morton : one when he (iame about at- mospheric pressure ; a second when he came for articles of glass apparatus; and a third when you made apparatus by which ether was to be administered at the hospital. Can you now, in giving your account of what Dr. Morton said, and of your thoughts about what was to be used, and of your own impressions, so dis- tinctly separate them as to say what belongs to the first time, what to the second, and what to the third ? Ans. Yes, sir ; what I have stated is as clear on my mind as ^^^ though it was quite recent. 27th. You have spoken, in answer to 18th interrogatory, of con- versations with Dr. Morton, from which you formed a certain opin- 246 ion. Have you, in answer to Mr. Dana's questions, given all these conversations, or the substance of them, from which you formed your opinion ? Ans. Not so fully as I could. I recollect now, since this ques- tion was put, the way in which the conversation about mesmerism came up. I inquired of Dr. Morton whether he had extracted teeth from persons who were mesmerized. I do not recollect what his answer was, but I told him I understood that they were ex- tracted w^ithout pain to the patient. My opinion is that he did not approve of it, but asked my opinion in reference to the subject of mesmerism. This is all I recollect now, in connection with what I have already stated, though circumstances might bring up something more. 28tb. You spoke of attempts to extract teeth while the patients were under the influence of mesmerism — whether, or not, the public attention was, in the winter, and spring, and summer before October, 1846, very much given to the subject of mesmerism ? whether, or not, there had been very many public lectures on this subject ? and whether, or not, this subject was one of genera], frequent, and rommon conversation at that time ? Ans. I think so. 29th. Whether, or not, you are perfectly clear in your present recollection of matters, and interview's, and conversations by you detailed, as to the time when they took place, or whether you have any ditficulty of recollection as to the order or priority of matters ? Ans. I have no doubt as to any essential points which I have stated ; so many circumstances have occurred from the outset of this matter until the present time, that I have a perfectly distinct recollection of everything, except, perhaps, so far as dates are concerned. It is different from what it would be were the subject now first brought to mind, after the lapse of so much time. -30th. In your answer to 4th interroo;aiory, you state that you have been associated with Dr. C. T. Ja(^ksou, by lecturing before the same association with him ; how did you mean — by aiding him, or joining with him in experimental scientific lectures ? q;^ Ans. I mean that I have lectured before the same associations, and on one or two occasions lectured in his place, when he could not, for some reason, fulfil his engagements. 31st. By what you state in answ^er to 4th interrogatory, *• we belong to the Warren Club together," &c., did you mean "we both belong to the Warren Club." or how otherwise? Ans. I meant that we were both members of the Warren Club. 32d. Did Dr. Morton ever, before early in October, (when, as you have stated in answer to 24th interrogatory, he called for glass,) call on you to procure, or contrive an apparatus for the inhalation of ether. 247 Ans. Not previously to that time; at the time he came for the glasses a conversation ensued as to the best form of a vessel foi* the purpose of inhaling ether; his object at that time was to ob- tain glasses already made, if possible, rather than to have some- thing made especially for the purpose. 3^d. Whether, or not, early in your examination, you stated that you were '' troubled a little in respect to the priority of mat- ters f" Ans. I don't recollect it. 34th. There was something said by you early in this deposition about the reaction of subsequent events on your mind. Can you recall that, and staiC what was meant by it ? Ans. I cannot recall it. 35th. Do y®u remember the day of the vjeek when your family moved in from Dover, in 1846 ? Ans. On Monday. 36th. Please look at the third paragraph in your letter before referred to in this deposition, beginning, " A few days after this interview Dr. Morton came to me for some chemical glasses,^' &c. Was this the interview before by you referred to in your answers to 12th and 24th interrogatories, as occurring early in October ? Ans. Dr. Morton came several times in relation to chemical glasses — I should say three or four times — and without letting me know at first what his object was. The interview referred to i.'i ^^g that paragraph refers to several interviews on this subject of glasses. I recollect his taking various shaped glasses and return- ing them several times in one forenoon, and in the course of a day or two the glasses were repeatedly changed, so much so that I ^£ji thought it useless to make any specific entry of any article which he took. It was not until after he had trietl and returned a num- ber of these glasses that I learned directly from him the object which he was procuring them for. Wherever the interviews which I have stated refer to chemical glasses, they are the same as those referred to in that paragraph of my letter. 37th. In answer to 7th interrogatory, you have said that in an interview with you, Dr. Morton asked if India-rubber bags would hold ether, and if oil-silk bags could be used. In answer to 9th interrogatory, you say the words of his answer to your inquiry "if it was sulphuric ether," were, "I mean the common ether;" you have stated your opinion, or belief, or supposition of the pur- pose for which he intended to apply the ether. My inquiry is, if from what is here in this interrogatory stated, and what you have stated in answer to 27th cross-interi-ogatory, you formed such opinion, behef, or supposition ? Ans. The conversation in relation to the subject was more ex- tended in relation to the effects of mesmerism and ether at that time than I have indicated in my previous answers : not only the 248 subject of mesmerism and that of exhilarating gas, but also the effects of inhalation of ether was spoken of. I now recollect of speaking to Dr. Morton about the effects of breathing ether from Q^ a handkerchief, as referred to in my answer to 2 Ist interrogatory, at the time of the conversation with him about the India-rubber bags ; I think it was also at this interview that the impression was made upon my mind that Dr. Morton was seeking for some method to draw teeth without pain. 38th. Do you feel confident that you can safely rely on the fidelity and accuracy of your memory in relation to what you may have seen some years ago ? Ans. Y'es, sir. 39th. There seem to be two classes of mind : one very posi- ^^^^ five, certain, confident ; a second distrustful, doubting, diffident. To which does your disposition and mind incline ? D^ Ans. Doubtful and difhdent until I am certain, and then I am obstinate and persisting, 40th, Is your recollection of a past occurrence (as an experi- ment, for instance, in which you took an active part) so reliable that, if your view was decidedly controverted, you would still hold'to and maintain and stand by your view and opinion ? Ans. No, sir. 41st. Have you or not been sometimes very positive that a fact was of a particular kind, and, on further investigation, have you not found that your original recollection, view, and, as you sup- posed, knowledge of the fact, was entirely erroneous ? Ans. I have no recollection of any such instance. 42d. Have you in any instance, since the year 1846, relying on your memory, made a positive statement as to what you had previously seen or beard, and subsequently found that your mem- ory had proved false, and that that statement was directly con- trary to what you had seen or heard ? Ans. I have no knowledge of any such instance. 43d. Do you remember assisting a gentleman of this city m This at- some philosophical experiments as to lateral jets of w^ater, some tempt to dis years ago? eredit is •' . ^^y simply ri- -^«S. Yes, SU\ diculous. 44th. Whether or not, after so assisting this gentleman, sOme years after, you conversed with him on that subject of jets of water ? Ans. Yes, sir. 45th. Whether or not you stated your recollection of the ex- periment as a certain one, and he stated it to have been directly the reverse of your statement ? Ans. I alluded to the result of an experiment, and he stated that it was not so. There was no question of fact i^ regard to the matter, but it was a mere accidental remark. 249 46th. Whether after this, on the spot, you tried the expenmeot, and it turned out that he was right ? Ans. Yes, sir. 47th, In this instance, after the gentJeman in question had stated the result to be just the reverse of your recollection of it, whether or not you continued to maintain with great confidence and posi- tiveness that you were right and he wrong, though he stated that he recorded the result of the experiment ? Ans. No, sir. The w^hole experiment refened to was one of a ^^^ series in which I aided Mr. Joseph Hale Abbott, of Boston, in regard to the pneumatic paradox and the passage of fluid through pipes. It was some years ago. The experiments were tried at his house, on an election day. A cistern of wood was prepared, and some lead pipes attached, and in an experiment upon the lateral pressure of the water upon the pipe, holes were made in different parts of the lead pipes for the purpose of observing the lateral pressure. That experiment referred to whether the hole was made in a thick or thin pipe. My impression was, that when the hole was made through the sides of the thick lead pipe, that the water did not issue from this hole until the thickness of the pipe had been cut away upon the outside, so as to destroy the tubular nature of the hole. Sometime afterward I made an inci- dental remark with regard to this experiment to Mr. Abbott, at =^i! my rooms, alluding to the singular result of catting away a por- tion of the tube. Mr. Abbott stated to me that I was mistaken as to the effect, and I took a piece of lead pipe, attached it to the water pipe in the work-shop, repeated the experiment, and found that Mr. Abbott was correct, which was pleasantly admitted on my part, and I am not aware of any recurrence of the matter having taken place since between Mr. Abbott and myself. 48th. Whether or not, at the interview in your room referred to in 45th interrogatory, the gentleman in question said there was a lateral jet, and you said there was not, in the pipe leading from the cistern ? And this was the question in discussion ? Ans. Yes. 49th. Had you been positive in your own opinion before you attached the lead pipe to the w^ater pipe in your room? Ans. I felt sure that it was correct, from its analogy to other experiments made in hydraulics. 50th. In your letter of February 10, 1848, it is stated that " a few days after this interview, Dr. Morton came to me for some chemical glasses" — "in the course of the conversation I had no question in my mind but they were for experiments in ether." In the letter of June 15, is as follows : " A dentist making experiments about extracting teeth without pain " — " I have not the least doubt in my mind that the agent he intended to use was sulphuric ether." My inquiry is, if you formed the 250 opinion of his extracting teeth without pain from the conversation above referred to in the first letter, where chemical glasses are mentioned ? Ans. No, sir. 51st. Vv^hether or not events subsequently occurring, after the ether discovery was published in the papers in Boston, may natu- rally have had some effect on your mind as you recall incidents which you state as occurring before ? Ans. No, sir; because there has been no reference in any paper, that I am aware of, to the incidents w^hich took place at these interviews. 52d. Was the interview before referred to, when Dr. Morton came for chemical glasses, the interview^ answered about by you in answer to 12th interrogatory, beginning, " Shortly after my return from Dover, in October, Dr. Morton procured of me seve- ral articles of glass apparatus?" Ans. Yes, sir. 53d. You stated, in answer to the 35th interrogatory, that you considered that your letter was to be used in a report not drawn up by either Dr. Jackson or Dr. Morton; whether or not you knew that Mr. Bowditch was the zealous advocate of Dr. Morton? Ans. No, sir. Mr. Bowditch stated to me that it was to be added to a statement in reference to the ether discovery, which was coming out in a report of the Massachusetts General Hospi- tal. 54th. Before you wrote the letter of February 10, 1848, by you before referred to in answer to 35th interrogatory, had you verbally communicated to Mr. Bow^ditch the matters set forth in that letter? Ans. Some parts of it, but not entirely. 55th. Whether or not Mr. Bowditch came to see you, or saw you several or many times respecting your letter to him of Febru- ary 10, 1848 — w-hether he was urgent with you to w^rite such a letter? Ans. He came once, and I communicated to him the informa- lly" tion which is embodied in the letter. He then addressed a note to me, I think the next day, asking me to write him what I had stated to him verbally ; that was all the urgency. I wTote my letter, and that is the last I saw of Mr. Bow^ditch. 56th. Whether or not you ^vere aware, before your letter of February 10, 1848, ai:d if not then so aware, were you before the letter of June 15, 1848, that Mr. Bowditch was the advocate of Dr. Morton? Ans. I had read the Hospital report before June 15, and my ideas of Mr. Bowditch's position w^ere, that as he believed in the ^^^^ original discovery of Dr. Morton, that he felt it due to justice to sustain it. How that would vie, being an advocate, I cannot say I regard an advocate as being a counsel. 251 57th. Please look at the last paragraph in your letter of June 15, 1848, before referred to. How happened this to be there written? was it at the suggestion of any one? Ans. It was what I related to Mr. Bowditch before I wrote it. It w?s a suggestion of my own mind. 5Sth. When you refer in your mind to the interview at the Pavilion, will you state whether Dr. Morton sought that — called you aside, or was it a chance meeting? Ans. It was an accidental meeting. I was going to my place of business, and met him accidentally on the sidewalk. The in- «£0 terview did not exceed ten or fifteen minutes. o9th. Whether or not he called you aside into the hotel? Ans. He suggested our stepping in ; we were right in front of the door, and we stepped inside, as it was out of the street. 60th. How long after you heard anything of this ether disco- very, did you know or hear of Dr. Jackson as the discoverer, and of the assertion by him of this fact ? Ans. The first I heard of Dr. Jackson's claiming the discovery as original with him, as well as I can recollect, was either upon the appearance of his letter to the French Academy, which I read, ^=£S or the interview with him and Mr. Peabody, with the exception of what I heard from Dr. Mortr-n at the interview at the Pavi- lion. 61st. Is your memory clear that Mrs. Wightman and yourself came into Boston in the fall of 1846, and that Dr. Morton was in ^^^^ the cars, and that he offered a boquet to you? Ans. Yes, sir. 62d. Whether or not your memory as to the time is here aided by the iacts that it was the only occasion when Mrs. Wightman came into Boston that fall in the cars, and that the train was a later one than you usually came in by ; and whether or not your memory as to Dr. Morton's presence, and as to the place, is aided by the incident of the flowers? Ans. My memory is aided by all those facts, and my attention was called to them soon after by the interview between Dr. Mor- ^,£a ton and myself at the Pavilion. 63d. Do you remember whether you introduced Dr. Morton to your wdfe, or told her who he was? Ans. I introduced him to her. 64th. Whether or not the newspapers during the fall of 1846, and the winter following, very frequently had long articles con- cerning the ether discovery ? Ans. I don't recollect of any long articles; I only recollect simply a paragraph in the Transcript in reference to it. 65th. You have stated in your answer to 12th interrogatory, that, though busy, you yielded to Dr. Morton's urgency, and prepared apparatus which he said Dr. Warren was to administer ether with, tihe next day at the hospital ; whether or not you were a good deal 252 interested, as a scientific person, in the new discovery of inhaling ether to prevent pain ; whether or not you read the various arti- cles published in the newspapers on that subject, and conversed with different persons about this ? Ans. I regarded the discovery as a very important one, and felt very much interested in it ; I read the paragraph in the Transcript and Dr. Jackson's letter to the French Academy, and possibly, though I don't recollect it, the letter in the Advertiser of March 5, but they did not have any influence upon my mind. At the interview with Dr. Jackson and Mr. Peabody, reference was only made to that part of the letter in the Advertiser in which I was referred to. I have undoubtedly conversed with different persons about this subject. 66th. Whether or not after, and as the various articles were published in the Transcript or other papers in the fall of 1846 and winter following, you spoke with Mrs. Wightman about this new discovery? Ans. Yes, sir. I think so. 67th. Whether you remember to have said to her that '• this is the Dr. Morton we met in the cars," or something to this effect? Ans. I might have used those words, or I might not. The ge- neral subject was talked over with her a number of times. Mrs. 0^ Wightman suffered very much from dental operations, and was anticipating at that time that she would have to have one per formed, which made it a subject of great interest to her. 68th. Whether or not many persons called on you in behalf of 2^ Dr. Morton, in the fall of 1846 and in the spring of 1847. If yea, who? Ans. No one. 69th. Do you recollect that Edward Warren called; Dr. H. J. Bigelow, N. J. Bowditch, Esq. ; or did they call at a later time? Ans. The first time I saw Mr. Warren was a considerable time after the publication of March o. I recollect no call from Dr. Eigelow in reference to the ether question ; I met him at the Club and talked it over with him. Mr. Bowditch first called upon me when he called in reference to my letter of February 10 ; he in- troduced himself to me, and stated that he wished to procure all the information he could in reference to the ether discovery, for the purpose stated. 70th. In your answer to 24th interrogatory, you speak of a time early in October that Dr. Morton came to your rooms ; that at first he was not very open. Will you please state whether or not the matter which was to be inhaled by means of the glass articles was spoken of by him as a compound or gas? Ans. I cannot say how ambiguous he was at first; if he alluded to any compound, it was a compound with sulphuric ether. 71st. Had you then early in October read the account, or known of the experiment of extracting a tooth in Frost's case? Whether 253 or not you then believed the matter breathed to be sulphuric ether, or that this was one of the elements of a compound ? Ans. I don't recollect anything about Frost's case; the subject is new to me entirely. 72d. Whether or not you at this time well understood that the object was to breathe gas to prevent pain, and that the mystifica- tion spoken of by you was about a "compound" or "gas." Ans. 2^0, sir ; I did not understand that it w^as a gas. 73d. In answer to 29th interrogatory you go on to say that Dr. Jackson invited you into his laboratory, and had a conversa- tion with you about ether. In this conversation you fix the place (Dr. Jackson's laboratory.) In answer to 35th interroga- tory, you state this conversation differently. My inquiry is, when this conversation spoken of as had in the laboratory was held? Ans. The conversation took place in the front room of Dr. Jackson's office, in Somerset street ; I mean that when I speak of his laboratory. 74th. Whether or not you said to Dr. C. T. Jackson when he stated, if you remember his statement, that it had been shown that Dr. Morton came to his laboratory on the 2d or 3d of Oc- tober, 1846, w^th a glass tube with a bulb in the middle of it, and an India-rubber bottle, that you were not ashamed to ac- knowledge you were in error as to the date, or something to that effect? Ans. No, sir; I never acknowledged any such thing, under any circumstances; I made no such admission. Dr. Jackson--^ may have said it himself, as he sometimes has done, and then supposed that I said it to him. The whole burden of the con- versation at that time was, that Dr. Jackson considered his claim settled, aside from anything I might say. 75th. Did you not so say, or to such effects, in the telegraph office of Mr. Bain, in the Merchants' Row, after the opening of the office ? Ans. No, sir. Direct' resumed by Mr. Dana. 1st. Do you recollect whether or not Dr. Morton took from your place a glass tube at the time he inquired about the gas- bag ? Might it not have been so ? Ans. He took a variety of articles, and be might have taken a glass tube. 2d. Please refer to your answer to theSGth cross interrogatory. Did he or not take som.e chemical glasses from you bei^ore the 28th of September ? Ans. He may, possibly, but I don't recollect particularly with 254 regard to that. The gas-bags were in the same room with the glasses. 3d. Were there not places besides yours and Mr. Chamber- lain's at which India-rubber bottles or bags could be bought and filled with tubes or otherwise, so as to hold ether ? Ans. The small rubber bottles, sometimes called bags, are kept at the apothecaries, which might be used for that purpose ; they are used for attaching to pipettes or glass tubes, for the purpose of drawing liquids into them, instead of doing so with the mouth. My answer to the tenth cross interrogatory had reference to gas-bags only. Cross-interrogatory resumed hy Mr. Jackson, ist. Whether or not, throughout your deposition, you have always stated that the time when Dr. Morton got the glasses Avas in October, or early in October ? Ans. Yes, sir ; that is my impression. .JOSEPH M. WIGHTMAN. The following is the leaf referred to in my answers to the 12th, 13th and 25th direct interrogatories : 1846. Aug. 1. J.H.Abbott's bill. -^ $1 00 3. W. S. Preble, Baltimore, for coils and bells 10 00 3. Microscope, $2 25, W^ H. Channing's bill 3 42 3. Test tubes, ^1, Prince Albert, S5 6 00 5. S. Pickard for apps. to Illinois 135 09 6. Professor A. Jackson in full- 34 00 11. Dr. A. Page, for apps. 50 00 Apparatus, $2 40, apps., i? 9 40 13. Bath, Me., high school 200 00 13. Rev. R. Stewart Greenville ----- 105 00 18. Medical apparatus, S15,from Dockhami2 17 00 Professor C. Mitchell & Phillips 137 83 A. A. Young, for slides, ($109 50) 100 00 24. Professor Cleaveland's bill 42 13 J. Wittington, for apps. - — 11 75 J. R. Rollins, balance- 2 50 Dockham, balance 40 00 Electric plate, A. Page 5 00 J. Kingsbury's bill 6 50 29. E. Tuttle, Utica bill 92 75 Glass received. Porter's express 3 50 255 Aug 31. Professor L, R. Gibbes, in full, &c 46 90 81. Diagonal pivot Kiachine 5 00 1064 73 Auff. 1. Railroad fare to Dover- - $2 50 1. J. A. R., $9 27; Aug., $7 75; H. B., m 50 23 52 4. Bookbinding, $27 57; papers, S3 75---- 31 32 4. Rubber, $1; handles, 50 cents -- 1 50 4. Punches, 75 cents; silk, 25- 1 00 4. Charcoal, f 2 ; freight, 50 cents 2 50 10. Bells, S2 ; cocks, SI ; kettles, 88 cents- - 3 88 10. Iron castings 2 13 10. Calipers, SI ; mahogany, $10 29 - - - 11 29 10. A. Murdock, $20; J. A. R., $3 28—--- 23 28 10. H. B., $6 83; Aug., $7 33 14 16 12. Microscope, S4 ; A. M., balance, $6 46-- - 10 46 13. David, on account - 5 00 13. K. L. Blake, S8 40 ; D. C. Murdock, 50 cents--- 58 40 13. Paint for E.M. Z., $1 12; paper, 25 cents 1 37 13. Hooper & Co., in full to July 118 92 15. Freight 38 cents ; tacks, &c., 50 cents — 88 15. Pyrometer plates, $1 50; oil, 25 cents 1 75 15. J. A. R., $9 25; Aug., $6 65; H. B., S6 16 .--- 21 96 15. Rent, Mothan, $6 ; boxes, E. H. L., $6- 12 00 18. Disc't., 50 cents; nails, 25 cents; sand paper 25 cents ---- 1 00 18. Staging, $1 ; house, $1 50 ; Bertha, $3-- 5 50 22. J. A. R., $8 72 ; Aug., $7 64 ; H„ B., 6 85 23 21 Fisher's bill - --- 9 00 House, &c., $3 ; collecting, 75 cents 3 75 29. J. A. R., $9 83 ; Aug., $7 42 ; H. B,, $6 85 - ------ 24 10 Varnish and Japan, E. H. L --- 4 00 Discount on bills, and wicks 25 21. Silk for eiec'd., S5 ; house $1 50 6 50 425 13 Sept. 1. For retort - - ----- $0 38 1. Apparatus - 6 36 2. Chamberlain's bill .-- 40 92 3. Mineral frame - - 1 25 4. B. Pike, and pyric fires 15 00 4. Henshaw& Co., forslides 43 00 256 The date of his con- versation in the cars with Dr. Morton. gept, 4. Mayiiard& Koyes----- $1 00 4. J. Child, for apparatus « 10 25 4. J. G. Kidder, for apparatus 27 04 5. H. Pickard, Sackville, N. Y 24 15 5. Eye model - 6 00 11. Blowpipe -- 2 00 14. B. J. Griscom'sbill - 146 13 16. J. B. Dodd's bill, less jar 4 50- 17. H. P. Andrews, for globe, &c 28 87 18. J. M. Martiii, for apparatus 23 25 23. Cotton for balance 3 37 26. Dr. Wy man, for apparatus 20 18 26. Dr. Sweetham. for apparatus 17 25 26. Apparatus, $3 ; apparatus, 38 cents - 3 38 28. J. E. Dawson, and interest - - - 97 75 522 03 Sept. 2. A. Peterson, on account- - - - $60 00 2. D. Roland, on account 10 00 2. Transcript to JuIy 1 2 00 2. Freight, &c., il *50; freight, 38 cents 1 88 2. Bits, 33 ; oil wicks, &c., il 50 1 83 2. Crucibles, 75 cents ; sieves, 88 cents 1 63 5. N. C. & Co., on account -- 100 00 5. A. Murdock, in full 32 30 7. House, $3 50 ; lead pipe, $18 53 22 03 7. J.A.R.,$7 80; Aug.$7 45; H. B.,S7-- 22 25 7. D. Davis, jr., on account 100 00 10. Daniel Messer, in full 22 75 12. House, S3; staging,^! 4 00 12. J. A. R., $8 25 ; Aug. ^6 05 ; H. B., $7. 21 25 12. Steel rods, $1 25 ; for sliding- 1 00 12 . Worcester's Dictionary 8 00 18. City and county tax. 37 50 18. H. B. in full, to date - 5 43 22. Postages in full 6 47 28. Board bill at Dover 57 00 28. Staging from Dover, &c 4 00 28. J. A. R., in full, 2 weeks, S17 31 ; Aug. 2 weeks, $1130 31 61 28. Messer^s bill, July 1 ---- 11 00 29. Sawing wood at house — - — 2 OO 30. Cranberries, &c - 5 12 566 05 J. P. PUTNAM. 257 Commonwealth of Massachusetts, Suffolk County^ ' We certify that the foregoing is a true copy of the deposition in perpetuam of Joseph M. Wightman, taken before us upon the petition of Wilhara T. G. Morton, under the statutes of this commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Justices of the Peace and Counsellors at Law. Boston, December 16, 1852. Boston, May 3, 184-5. Dr. Mori 01, Bought of Benj. B. Mussey, 1 Hooper's Dictionary > Jii?3 00 1 Duitt'is Surgery-- - 3 00 1 Carpenter's Physiology --- 3 25 1 Churchill's Mid. - 3 25 1 Wilson's Anat. 3 25 1 Watson's Pract. 3 00 18 75 This is the 1 Pereira's Mat. Med. 6 50 bookwhich contained ^ _ -J - the pre- -^ !.'D scription of 1 Webster'vS Chem - «- - 2 50 ether as a remedy for iyry ^^ accidental _ L__J_ inhalation ■-- of cWoriDe gas, vix : Received payment, &c., E. B. Mussey^ thin«T which By, &C., &C. Dr. '^ Jack- son claims to have dis- covered in 1842, three Boston, Septemher 30, 1"846. years after This is to certify that I applied to Dr. Morton, at 9 o'clock lio^oS this evening, suffering under the most violent toothache ; that book. The Dr. Mofton took out his pocket-handkerchief, saturated it with a hill shows it, preparation of his, from which I breathed about half a minute, ^"^'^^l^^^d I J.1 1 X- 1 T • i. J. T 1 1 ' hy Morton and then was lost m sleep. In an instant more 1 awoke, and saw inigif— lo my tooth lying upon the floor. I did not experience the slightest nionths he- pain whatever. I remained twenty minutes in his office after- J'^^!^.^^^' '"" wards, and i^\t no unpleasant effects from the operation. v/ith Jack- Eben H. Frost, 42 Prince Street, Boston. son. 17 258 We witnessed the above operation, and the statement is, in all respects, correct — and, what is more, the man asked where his tooth was, or if it was out. A. G, Tenny, Journal Office™ G. G. Haydkn, Surgeon Dentist. Testimony : — Fully confirming Hayden, R. H. Eddy, C. ^^ ^ ^^ Eddy, Gould, ^'c, that Jackson took no responsibility , and son's* at'eii- ^''^^y claimed to have made a suggestion. cy and con- w^th^'^'^e ^' -^^^^S ^' ^^'^^^^^^^' ^'^ Boston, in the county of Suffolk, and discovery Commonwealth of Massachusetts, counsellor at law, being first stated iV duly sworn, depose and say, in answer to interrogatories by R. Mvf^been ^' ^^^^^^' -S^'*' ^^^'' ^^^^^^^ ^^^ ^^' William T. G. Morton : composed 1^^' ^^^ J^^' ^^^^^ ^^^^ \on^ have you been, of the Boston bar? in the fol- What public office do you hold? What have you held within the lowing re- iggt ten years ? At what college did you graduate ? Morton viz^ Ans. I am a member of the Boston bar, and have been since "Why 1837. I am city solicitor of the city of Boston. In 1844-'5-'6 don't yotj I was a member of the Massachusetts legislature, for the city of ^J^^^t,, Boston ; in 1843, for three years, I was a member of the city ETHER?" 'IT • ' r • r t • • • « Thus it council, and president oi it lor two years ; 1 was commissioner m has been bankruptcy under the late bankrupt law of the United States, held that in ^^^Y^:^^^ that was in force. I P-raduated at Bowdoin College, in oi-aer to %n- -.,|^ • ° ° validate « Maine. -patent on 2d. When did you first hear of the ether discovery? Please the ground g^^^g ^^ circumstances. tantee re~ ^^^' The first time I ever hesrd of the application of ether to mw^/rom surgical operations was from the lips of Dr. Charles T. Jackson. another the jf ^^.^g ^^ ^^^ Warren Club, I think, an association of gentlemen ^J^fl^l^l, where scientific matters were frequently discussed. I had heard vention,itis mention made of some new discovery, around the room, which not enough seemed to make considerable impression, and I, or some one near fhV^ZakTd^'^^^ asked Dr. Jackson, who was present, what it was. He then idea or bare si-d.U(\ to me and, I think, one other gentleman— we were stand- possibility ij.g J3y ourselves — that some time previously Dr. Morton, a den- ^'{ishin'^tJil ^^^^ ^^ ^^^^^ ^^^J' c^^^ ^o him to borrow a gas-bag, and stated that object °was he had an idea of filling it with atmospheric air, in order to work xuggested.'' -^^gQXi the imaginations of nervous patients, and induce them to ^Jtents ^? submit to dental operations more readily; that Morton mentioned 48. ' some experiment in France, upon a soldier who had been con- 259 demned to death, who had been induced to believe that his blood was running, which had such an effect upon his imagination as to have killed him actually; that he (Jackson) told him that that was a very pretty story, but there was no truth in it — and then asked Morton why he did not try ether ; that, sometime after this, Morton came to him (Jackson) in a state of great excitement, half x:razy I think was his expression, and said that he had found it, or had hit upon it, or words of that import — I am not positive as to the exact expression. Dr. Jackson then said that it appeared, from Morton's statement, that he had shut himself into a room ^^ and inhaled ether from a handkerchief, and found, by examining his watch before and after, that he had been insensible for some minutes, or had lost a fev7 minutes. Dr. Jackson said that he subsequently told Dr. Morton that he should charge him five -^ hundred dollars ; that he finally compromised it with Morton, by agreeing to take ten per cent, on something, I think on patent rights for this matter; and I think the Doctor added, with a smile, that he thought he should do better, or make more out of it, than if he had taken the five hundred. There was more conversation, but I do not remember the exact language; but I can state very decidedly what the impression was which was made on my own mind at the time, and that w^as, that Dr. Jackson regarded this affair not as a settled thing- cr not as a discovery that was to be .=£31 anything remarkable in itS'- If, or one that was likely to be applied beneficially, in itself considered, but as rather opening the door to ..=£1] future investigation in that direction, that something might here- after be discovered that would stand the test of science and prac- tical experience. There was an obvious desire not to connect him- ^^£1! self, as a man of science, with it to any great extent, and he made use of some expression of this sort with regard to Dr. Morton, that he was a reckless, dare-devil fellow, and that he would kill ..^ somebody yet. I think that was his very expression. This was the substance of the conversation. I merely asked to see what the subject was, as there was a sort of buzz about the room in reference to something that had come up, 3d. Did Dr. Jackson say that he had told Dr. Morton, or pre- dicted to him, what the effect of the ether would be ? Ans. No ; I think all that was said about ether by Dr. Jack- con, was, w^hy don't you try ether? I am very confident. I ..£G don't mean to say that I understood Dr. Jackson as detailing all he had said to Dr. Morton. 4th. From anything which Dr. Jackson said, did you get the impression that he had discovered, before his interview with Mor- ton, or believed at the time of his statement to you, that total in- sensibility could be produced ? (Objected to as the impressions of witness. J. P. P.) Ans. No ; I did not so understand it. I thought Dr. Jackson ^£X1 meant to tell Dr. Morton, what every man of science, or liberal 260 0^ education knew, thrit ether had some effect. I understood him as merely intending- to ask Dr. Morton, why he did not try ether, K^ as the best thing for the purpose which he knew of, and likely to have more effect than air. I state the impression which I got at the time from conversations. 5th. When you say he seemed desirous not to connect himself with *^it," do you mean with the supposed discovery, or with Dr. Morton as an experimenter therein ? (Objected to for the same reason as the last. J. P. P.) Ans. My impression was that he had not a strong faith in the K^ thing itself; but that Dr. Morton would be a fellow who would push the thing through and sell patent rights, and would make 0^" money out of it, and then it would fall through, and that this might open a door to direct scientific attention. There was more tt^ in the manner and look of Dr. Jackson, than in what he «aid. 6th. At the time of this conversation, was anything said about any dental or surgical operation, or had there, as you recollect, been any performed ? Ans. My impression is that there had been, but I am not posi- tive. My impression is strong that there had been a surgical operation performed at the time, and that that was what had made the great impression in the room. 7th. Did anything, and what, occur afterwards, to recall your attention to this conversation ? Ans. The conversation made a strong impression on my mind for several reasons. This subject of deadening sensibility to sur- gical operations, was one which I had thought of a good deal. I D^ recollect, a long time previous, expressing my surprise that sur- geons did not give something to deaden sensibility to pain, and expressed my belief that something of the kind would and could be easily discovered, and v/hen I first heard this, it made great im- pression on my mind, as a subject upon which I had thought, and as confirming my predictions. I recollect also thinking at the K^ tim.e, that the charge was a pretty strong one for the information given. Afterwards, I saw in print somewhere that Dr. Jackson claimed the discovery, which struck me as so utterly inconsistent D^= with his account of the matter, as before related, that it made a great impression on my mind, and strengthened the impressions d:F° which I had at the time of the conversation. 8th. Had you anticipated, from your own thoughts of which you have spoken, that total insensibility which had been discover- ed, or only a high degree of insensibility or alleviation ? (Objected to as irrevalent, and inquiring of the impressions of witness. J. P. P.) Ans. I had never given the matter any investigation; but I had, on one occasion, suffered a great deal from a slight operation, and was peculiarly sensitive ever afterwards, to any kind of surgical operation ; and I had requested, in operations upon the teeth, to be 261 informed if something could not be given to alleviate pain. I recollect once inquiring of an apothecary, if there was not some- thing to be given for that purpose, and he told me there was no- thing better than brandy. Like others I had known of, and seen ^^n the experiments with the laughing gas. Probably no more had =^Q occurred to me on the subject than to every educated man. I had thought that total insensibility might be produced. I recol- lect once saying that I did not see why a surgical operation could not be performed while a man was dead drunk. 9th. Have you any means of fixing the time and place of this conversation with Dr. Jackson ? Ans. I am very sure that the place was at the meeting of this Club, at the house of Mr. Abbot Lawrence. I have no means of «^^ fixing the time. I should say it was the first time the club met at Mr. Lawrence's. Crois Interrogatories, by A, Jackson, jr., Esq., counsel for Dr. Charles T. Jackson. 1st. How long did this conversation last, as given by yo"i in answer to 2d interrogatory? Ans. It is impossible to state now; it was a short conversation, 2d. Do you recollect who the other gentleman standing near you was, when Dr. Jackson spoke about this matter? Ans. I do not. 3d. If I rightly understood one answer you gave, it was, that Dr. Jackson strongly ridiculed the idea with which Dr. Morton came of affecting the imaginations of patients. Was this so? Ans. No. He turned oft that French story in a curt sort of a way, but I don't know that he intended to ridicule the idea, but only to say that there was nothing in that story. 4th. Did Dr. Jackson say anything to you of urging, or wish- ^,£a ing, or directing Dr. Morton to go to the hospital with the ether? Ans. No. 5th. Do you remember the words which Dr. Jackson said that Dr. Morton uttered when he came back to him? Ans. I won't undertake to say that those were the exact words; I recollect distinctly ot his saying that Dr. Morton was very much excited. 6th. Did Dr. .Jackson say that Dr. Morton wished to use the bag with atmospheric air on a nervous patient, or on nervous patients ? Ans. I think he said generally on nervous patients. 7th. In what Dr. Jackson said of Dr. Morton as a reckless iei- low, was anything said by Dr. Jackson as to Morton's ignorance about inhaling the ether, the mode of inhaling it? Ans. No, I think not. I think all that was said about ether, was the expression I have used before, 'Svhy don't you try ether." .^a 262 I certainly got the impression from Dr. Jackson, that he did not regard Dr. Morton as a man of any science at all. 8th. Whether or not. Dr. Jackson, in this conversation, under- took to give a full account of the matter, or how otherwise? Ans. I should think not. It was a conversational account, somewhat hasty I should think, though I suppose at the time that I had got the whole general history of the matter, as that was my object in inquiring. It was a thing which took my interest at once. 9th. Did Dr. Jackson say anything about an extraction of a tooth, by Dr. Morton, from a person who had inhaled the ether ? Ans. I am not abie to remember about that, but I think he did not. 10th. Was it spoken of, or knov/n at the time of this conver- sation, an account of which is given by you, that pure sulphuric ether was used in imhalation? Ans. That I am unable to say. 11th. Whether your attention was called to this interview and conversation with Dr. Jackson lecently, or whether sometime ago ? Ans. When I fust saw a statement made by Dr. Jackson, B^ or his friends, I stated several times the conversation which I had» I am unable to say now to whom I first spoke of it. My atten- tion has been called to the subject several times. 12th. Did Dr. Jackson state that he told Dr. Morton not to use the bag and atmospheric air ? If so, did he give any reason why he so told Morton ? Ans. Not to my recollection. 13th. Did Dr. Jackson, in the conversation with you, speak of Wells and his experiments, or of vrhat Wells had used? Ans. No. 14th. Whether or not, you recollect that Dr. Jackson stated that his answer to Morton's asking for a bag, or saying that he proposed to try atmospheric air, was ^' why don't you try nitrous oxide, or what Wells had used?" Ans. No. My impression is very strong, that the language D^=-was simply this, "why don't you use ether?" loth. V/hether or not, you recollect that Dr. Jackson, in this conversation, stated that he told Dr. Morton that he must get some pure sulphuric ether, when, as stated in answer to the 2d and 3d interrogatories, the phrase is ''why not try ether?" ^^^ Ans. I have no recollection of his making such a statement. 16th. Whether or not, you recollect that Dr. Jackson said that he told Morton, after disposing, as you have said, in a curt man- ner, of the French soldier story, "I will tell you of something which will produce a real effect." Ans. I don't remember that. My impression is very strong 263 that the expression was just what I have used before^ ** why don't you use ether." 17th. Whether or not, the state of excitement which Dr. Jack- son gave some account of in Morton, was said by him to have been shown by Morton at the time, and after he told him of using sulphuric ether. Ans. I understood him to speak of Morton's excitement when he came to him afterwards, and told him of having tried the ex- periment. iSth. Whether or not, Dr. .Jackson stated that the phrase which Dr. Morton used when he came back to Dr. Jackson's laboratory, after having been there before to borrow the gas bag, was, that "it succeeded perfectly," or something of such import? Ans. I don't recollect that expression, nor will I undertake to swear to the precise form of expression used. It was substantially that, that he had made a successful trial of the ether, 19th. Do yoQ remember that you heard then from Dr. Jackson any statements as to the recklessness or carelessness of Dr. Mor- ton in his administration of the agent used for inhalation, or as to any disagreeable or dangerous accidents occurring from Morton's use of it ? Ans. No, 1 don't remember of his speaking specifically ; but the general idea I got was, that Morton was a rash sort of a man. 2()th. Whether or not Dr. Jackson spoke warmly, and in an emphatic manner, of Morton as a rash fellow ? Ans. He spoke emphaticallv, certainly. 21st. Do you recollect that the substance or agent used for inhalation to prevent pain was spoken of as then made public, or announced to the world, on the evening of this conversation, or that it was still kept secret ? Ans. I did not understand that there was any secret about it ; but I did get the impression that, although regarded as a remark- -^^ able development, it was not then considered as a great discovery which had stood the test of scientific investigation, or that its value had been thoroughly tested, and that it was still somewhat doubtful whether it would answer expectations. [I did not sup- pose at that time that Dr. Jackson himself, from what he said, believed that ether could be used in the manner, and for the pur- -£Ii poses for w^hich it has since been used — I mean as regards its safety, efSciency, and universal application to purposes of surgi- cal operations.] (The part in brackets objected to, as not responsive, and as matter of opinion. J. P. P.) 22d. Eefore the evening referred to in your ansv»'ers, had you any acquaintance with Dr. Jackson ? Ans. I had a casual acquaintance with him ; I had met him frequently. 264 23d. Do you recollect why you asked Dr. Jackson about what the subject was ? What called your attention to him ? Ans. I can't remember that, nor am I perfectly sure that I did ask him the question. Either I asked him, or some gentleman standing by me. 24th. Whether or not you recollect that, in this talk about the room spoken of in answer to the 2d interrogatory, Dr. Jackson's name Avas mentioned in connexion with the new discovery spoken of? Ans. I don't remember that ; it might have been. 2oth. Whether or not Dr. Jackson stated that the charge of five hundred dollars was for the right to use ether by Morton in his practice, or for a transfer to Morton, or a quit claim of the right to use it? Ans. I don't remember that he so stated. Direct resumed hy Mr. Dana. 1st. Did Dr. Jackson, at this conversation, allude to any ex- periments performed by him on himself or others ? iTi^ Ans. No ; I should have remembered that if he had said it. 2d. If you were informed that the first meeting of the Warren Club was at Dr. Warren's October 27, 1846, and the second meeting at Mr. Lawrence's November 13, should you say the meeting you attended was or not either, and which of these ? Ans. I should say it was the second meeting of the Club, because at the first meeting I was not present. I am also pretty positive that it was at Mr. Lawrence's. PELEG W. CHANDLER. Commonwealth of Massachusetts, / Suffolk County, _ j ■'^' •* We certify that the foregoing is a true copy of the deposition in perpetuam of Peleg W. Chandler, taken before us upon the petition of William T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, .Indices of the Peace and Counsellors at Law. Boston, December lo. 1852. 265 I, A. A. Gould, of Boston, in the county of Suffolk and com- monwealth of Massachusetts, physician and surgeon, of lawful age, being first duly sworn, depose and say, in answer to interro- gatories by A. H. Dana, jr., esq., counsellor, Dr. W. T. G. Morton. 1st. Are you a physician ? how long have you been so ? how long have you resided in Boston ? Ans, I have been a physician for twenty-one years. Have re- sided in Boston since 1827. 2d. Of what scientific societies are you a member or officer, and what officer, and how long been so ? Ans. 1 am a member of several societies, the American Acade- my of Arts and Sciences, the American Philosophical Society, the Academy of Natural Sciences of Philadelphia, the Boston Society of Natural History, and others ; the Imperial Mineralogicai Soci- ety of St. Petersburgb, and two or three other foreign societieso I don't know that I am now^ an officer in any of thern, though I have been in a good many of them. 4th. How long have you know^n Dr. Charles T. Jackson, and how intimately ? Ans. I first knew him some twenty-five years ago, and have =€^ been on as intimate terms with him as with anybody up to the last three or four years. 5th. How long have you known Dr. W. T. G. Morton, and .=£1! how intimately ? Ans. I first knew" him in the autumn of 1846. I have met him very frequently since that time. 6th. Please to state your first conversation with Dr. C. T. Jackson respecting the discovery of ether as an anaesthetic agent^ how it arose, and the circumstances relating thereto ? Ans. I have no recollection of what led to the conversation, and an indistinct recollection of precisely what was said. I alluded to the dental operations performed by Dr. Morton under the in- fluence of ether. It w^as probably three days after the first dental operation he said ''yes, I told him. It is sulphurine ether." I can't recollect anything definite. I recollect various things which ^vere said, but I can't say whether they occurred at that interview or not. In substance he said, ''well let him go on with it, I donH See Chan- care what he does with it, if he don^t bring my name in vnth it.^^ dler and I had but little conversation with him at that time, as I thought^^^^^ ^^^~ he seemed to dislaim having anything to do with it, further than having mentioned that article to Dr. Morton. 7th. At the time he said this, had there been any surgical ope- ration performed under the effect of ether at the hospital ? Ans. No, sir. nessog. 266 ^ 8th. At the time you had this conversation with Dr. Jacksoiij what had you heard or known respecting Dr. Morton's dental ex- periments with ether ? Ans. Mere rumors that such an operation had been performed by him, without pain, under the influence of something inhaled. I did not know, at the time, what it was. My wife first heard of it and told me, and I said " yes, that can be done, ether will do it." 9th. What did you know at that time about the anaesthetic ef- fects of ether ? Ans. I simply supposed that it would produce momentary in- toxication. The thought which occurred to me was that, like D^ other substances inhaled, it would produce sudden intoxication, under which an operation might be performed without a patient taking cognizance of it. I knew the usual complaints for which it was administered, such as difficult breathing and cough, and dif- ficulty of expectoration. This could hardly be called anaesthetic effects, however. 10th. Did you know of its use as an antidote to chlorine gas? Ans. I had heard it mentioned by Dr. Jackson, ilth. When was this? Please state all your recollections of what he told you ? Compare Ans. This was some time within three or four years previously tti^\ co^ t ^^ ^^^^ time. I recollect only his making a simple statement of of it given his having been nearly suffocated by chlorine gas, and of having byDr.J. at-used this as an antidote with great relief. ter J^ight- 12th. Did he at the time intimate any opinions that ether would were found produce entire insensibility to surgical operations ? fixed, and Ans. I can't positively state. I have an indistinct recollection 1842 be- ijjgi- something of the kind was sometimes said in connection with came ue- . *-' cessary. ^^' 13th. When, if ever, and what w^as said ? Did it relate to en- tire or only partial or possible unconsciousness ? Ans. I cannot recollect when or what v/as said, but I received the idea that he had only partial relief in view. 14th. Please read the tv/elfth question? Have you any further answer to make thereto ? Ans. I would like to modify it and say that something was said about its producing relief from pain in surgical operations. I have no recollection of his saying at any time that it would produce entire, relief. 15th. Was this stated by him as a discovery of a great truth, or as an opinion of something of possible value, or how otherwise ? (Objected to as leading. J. P. P.) Ans. I supposed it to be a speculation of his, not advanced as a possible discovery. (This answer objected to as the opinion of the witness.) I6th. Did you knov^* or believe that ether had the full anaes- 267 thetic power since demonstrated, at the time you heard of Dr. Morton's dental experiments ? '^^M Ans. I did not. 17th. Did Dr. Morton apply to you to receive him and his fam- ily as boarders ? Ans. He did. This was in September or October, 1846. ^SM 18th. Did you have any conversation — and what — with Dr. Jackson thereupon ? P^t this Ans. I consulted the family; but whether Dr. or Mrs. Jackson ^Jj^^^j^^^^ I can't say. son's* slan- 16th. Did Dr. Morton, after that, come to board with you ? ders of 20th. Did you have a conversation with Dr. J. C. Warren and discevery. Dr. Jackson together, on the subject of ether? When, and where, and what was it ? Ans. I reeollect one occasion distinctly. It was two days pre- vious to the first amputation at the hospital. I was conversing with Dr. Warren, at his house, I think, respecting the operations which had been performed — the operations on the jaw and on the arm — at the hospital. Dr. Jackson stood near. It was at a meeting of the Warren Club. I said to Dr. Warren, "Dr. Jack- son had something to do with it." Dr. Warren turned to Dr. Jackson and said, ** I understand that you have something to do with this ether matter." He said, *' Yes, I told Morton of it." Dr. Warren said, *• There is to be another operation on Satur- day : and he wished he would go to the hospital and administer it; making some remark on Dr. Morton's unprofessional position. Dr. Jackson said he could not go; for in the first place, he should j^^k*^^ ^-j^l leave the city for the south, and, in the next place, he had com- the author mitted the administration of it entirely to Dr. Morton. . Nothing of such a more was said, I believe. discovery? 2 1st. Cannot you recollect Dr. Jackson's saying anything more about Dr. Morton ; his skill, or want of skill or science ? Ans. I don't recollect that he said anything. The conversa- ^tion was very brief, 22d. Please state all the circumstances connected with the first experiment at the hospital, and the preparations therefor. , Ans, The evening previous. Dr. Morton, whose oflice was op- posite to me, called to ascertain about the probable injurious effects of ether, and what articles might be used . I answered ; and in the course of the conversation I asked him how he gave it. He told me that he put a sponge in a globe saturated with ether, and drew the vapors through a tube attached ; breathed out and in through a tube attached. I suggested that the appli- cation of valves, to prevent breathing back the air into the globe, would be desirable, and sketched a plan. He said, " That is it ; 268 that is just it. I will have it for to-morrow." I advised him not to attempt it ; but to use what he was sure he would succeed with. He then left me. He took the plan which I had sketched away with him. I went to -the hospital, the next day, at the ap- pointed hour. Dr. Warren was about to commence the operation. He suddenly rose and turned to those present, and said he had Graphic forgotten that he had promised to allow Dr. Morton to give of *t"^ first ^^'^^^^^^^S which he thought would prevent pain, and he would operation wait. In about ten minutes Dr. Morton appeared with an inhaler, at the hos- with valves, such as I had proposed. He administered the ether. pitaL ^u iQQi^ej ygj-y incredulous, especially as the man became at first exhilarated; but suddenly the anaesthetic effect took place. This ,j^^;5^ occasioned a start of surprise from all present. Dr. Morton coolly informed Dr. Warren that his patient was ready. The operation was performed, which v^as the removal of a tumor from the jaw. I recollect one other incident. Previous to the j^, — ^ operation, Dr. Warren, having waited ten or fifteen minutes, ^^^^ again turned to those present and said, '' As Dr. Morton has not arrived, I presume he is otherwise engaged ;" apparently convey- ing the idea that Dr. Morton did not intend to appear. The re- ^ ^ mark of Dr. Warren brought out a great laugh. Dr. Warren ^*^^ then sat dov»^n to his patient. Just as he raised his knife Dr. Morton appeared. 23d. Did Dr. Warren make any, and what remarks, to those present, in Dr. Morton's presence, after the experiment ? Ans. He made some inquiries of the man as to his having suf- fered pain, and he replied that he had felt something like scraping with a knife, during the operation. Dr. Warren seemed pleased, but said it would require further trials to settle its value. 24th. Did Dr. Morton say anything to Dr. W^arren as to what it was he had used ? Ans. Not publicly. I saw, after the operation, that a conver- sation was passing between Dr. Warren and Dr. Morton, and ob- served the motions which Dr. Warren made : be nodded. I ^^^ don't know of my own knowledge what passed between them. I told Dr. Morton, on the evening previous, when he called on me, that he had better tell Dr. Warren, before the operation, what it was he was going to use, as it would partly divide his responsi- bility, and Dr. Wairen would not abuse his confidence. He said he would ; but he arrived so late at the hospital that he had no opportunity. ^f^";-^ 25th. Did any one else than Dr. Morton have any charge or ^"^^^ control over, or give any advice as to the administering of the ether ? Ans. Not to my knowledge. ^.^^^ 26th. Was Dr. Jackson present at this experiment ? *^^^^^ Ans. I did not see him. 269 27th. At the interview between yourself, Dr. Warren, and Dr. Jackson, at the Club, did Dr. Jackson say anything more than you have mentioned? Ans. I presume he did; but nothing that I can recollect. The conversation was very brief. I did not pay attention to all that was said. 28th. Were you so that you could hear ail that passed between them ? Ans. It was in a crowd. I can't state our relative position after the conversation which I have stated. 29th. Did any other interview on this subject occur between yourself, Dr. Warren, and Dr. Jackson ? Ans. I believe not. I am very sure of it. Dr. Jackson left ^.!^^ the city, and I did not see him for several weeks after that. 30th. Did you hear Dr. Jackson ask Dr. Warren to allow the ether to be administered at the ensuing amputation, or anything to that effect? Ans. No. The words relating to the athninistration of ether were almost verbatum what I have stated, and were introduced in '^^^3^ the manner I have stated. 31st. Did Dr. Morton consult you, and how often, about ad- ministering ether to his patients ? Ans. He consulted me after having administered it several times, but not about administering it, except on the evening previous to the operation at the hospital ; on several occasions, when unpleas- ant effects followed the use of ether, 1 was called upon by Dr. Morton, or persons in his office, to advise what was to be done to relieve the effects of it ; it was to administer to the patient in each case. 32d. Did you, and when, and at \vhose wish, v^rite to Philadel- phia, respecting the administration of ether there? Ans. A dentist from Philadelphia, whose name I have forgotten, called on me to ask if this new article was of real value ; I told him it was ; he purchased a right to use it ; not succeeding in his first attempts at Philadelphia, he wrote to me expressing his sus- picion that he had not been put fully into possession of the se- crets ; I replied to his inquiry; this was during the time patent rights \^ere disposed of; it must have been among the earliest which were sold. 33d. So far as you could judge, did Dr. Morton conduct his administrations with reasonable skill, care, and success, or how h:S^ otherwise ? (Objected to as matter of opinion.) Ans. In every case in v/hich I saw him administer it, he did it so. 34th. Was there, or not, and how long, any, and how great, effort made against the use of ether ? Ans. There was a strong prejudice against it in this city, and more especially elsewhere ; the administration of it was denounced ^z^^::^ 270 generally, and many articles were written against it in the medical ^S* and daily journals ; I don't know any particulars further than writing articles and denunciations in private conversations. 35th. What course did the dentists take in Boston ? Ans. They wrote articles in journals ; I don't know of any- thing else ; they talked against it. 36th. What did Dr. Morton do, if anything, and how far, in its defence ? ^^* Ans. He wrote, and talked, too ; I have seen several pamph- lets, prepared, as T suppose, at his instance, and at his expense. 37th. To what extent did Dr. Morton devote himself to the subject? What effect had it on his health and business? Ans. While he boarded with me, which was two or three Note this, jiionths, during its earliest administration, he was overwhelmed, pare it with day and night, conducting the administration and introduction of Jackson, ether ; lie became very nervous, and lost strength ; as to his busi- ness, I have no acquaintance. 38th. Did you ever know of Dr. Jackson's giving any advice to Dr. Morton, as to the administering of ether, or its effects on his patients ? Ans. I know of nothing, except as to what I have heard of his saying at their first interview at Dr. Jackson's office. 39th. Did Dr. Jackson, during the early contest in Boston and elsewhere, to which you have referred, make any publications, or do any acts in defence of the ether ? Ans. I knew of persons frequently inquiring of him whether it Kote this, possessed the virtues imputed to it ; I know of nothing either written or spoken by him, excepting what he said to me, as I have stated, at the interview when I made my first inquiries. 40th. What is your opinion as to the value of nitrous oxide as Wells "^^ anaesthetic agent ? Ans. General experience has shown it to be of little value. Cross-interrGgatories by A. Jackson, Jr., Esq., Counsel for Dr. Charles T. Jackson. 1st. When and where, at what time, and under what circum- stances, did you first hear of the first dental operations performed under the influence of inhaled sulphorine ether. Ans. I think I have already stated that I heard of it at my dinner table, from my wife ; it was sometime in September, very soon after the first operation, I should judge. 2d. What can you now recall as having been stated to you by Dr. C. T. Jackson, in reference to the effect of sulphorine ether in inducing insensibility to pain ? and this in connection with sur- gical operations, in or about the years 1841-2 ? Ans. I can't state any definite time when I heard him say any- thing ; I had heard him allude to it some three or four years be- 271 fere the time of Dr. Morton's experiments ; I can recall no par- ticular expression ; I heard him speak of inhaling it after taking- chlorine gas as an antidote, and as having given him much relief; I heard him speak of the students at Cambridge having inhaled Davy had it, and its having produced a sort of intoxication ; and I have anj^^g^ aT^ indistinct recollection that allusions were made to the possibility nitrous ox- of performing some rapid operations in suigery under its influ- ide, but the €Bce ; nothing, however, that imprCvSsed my mind with his attach- J^^ ^^^^I!** ing any great importance to it. for it. 3d. Can you ascertain and state the time when you first heard from Dr. Morton anything relating to the inhalation of sulphurine ether ? Ans. I cannot state the time precisely ; it was in relation to some patients with unfavorable symptoms after taking ether, I think a Miss Shelton. At that time I asked his permission to see some operations, which he granted. I think I was the first phy- sician who seen any operations in his office. Nothing was said in relation to the discovery. This was Avithin the first fortnight after his using it. Several other times he called on me for the same purpose, but no special conversation in reference to it took place until the evening before the operation at the hospital. 4th. In how many cases have you ever seen Dr. Morton attend to the administration, by inhalation, of sulphurine ether ? Ans. Twenty or thiity, I should say. 5th. Whether, or not, Dr. Morton, or his assistants, in these cases, administered the ether? Ans. With two exceptions, by Dr. Morton, I think. In those two cases, by his students. 6th. Your first acquaintance with the inhalation of sujphurine ether being in reference to medical prescriptions for patients v^ith unfavorable symptoms, in how many cases were you called, dur- ing the first few weeks of Dr. Morton's use of sulphurine ether ? Describe the condition of these patients ? Ans. I was called to six or eight patients, one was in a state of very high excitement, almost a maniac ; she was brought to my See an- house, and was unable to go home for several hours. She was in fwerto29th a very highly excited state for several days afterwards, somewhat tory7p.274. hysterical. She afterwards suffered in a singular way from a second operation. Some of them vomited profusely. One or two were lethargic, and roused with great difficulty. These were the prin- cipal phenomena which I recollect. 7th. Whether or not there was much, if any public conversa- tion, or rumor or expression of indignation, or otherwise, early in the administration of ether by Dr. Morton, as to his mode of administration ? Ans. There was much indignation and disapprobation from the ^herewas profession, especially the dentists, and also, in several instances, Jow^?^" by patients. In one or two instances, prosecutions were threat- 272 ened ; not particularly on account of the mode of administration but for administering it at ail. In the case of Miss Shelton^ especially, much dissatisfaction was expressed and still exists. 8th. Whether, in these cases, there was in patients any asphyxia, or tendency to it ? Ans. In none of the cases to which I was called. 9th. Whether, or not, any reports of these cases spoken of in answer to 7th cross-interrogatory, reached Dr. Jackson's ears? Whether he spoke with you of Morton's administering ether ? Ans. I don't know whether these cases were known to him. I have often heard Dr. Jackson speak disparagingly of Dr. Morton's experiments; especially as to his indiscretion and want of dis- crimination. 10th. Can you state, or ascertain the date when Dr. Morton was received in your house as a boarder ? Ans. I have made some examination of my books, but cannot state precisely. It was the last of October, probably, or early in November. 11th. Will you please state when, and under what circum- stances, you first had any knowledge of Dr. Morton ? Ans. I had heard Dr. Jackson speak of him as a student; but my first personal knowledge of him, was in August or September, 1846^ when he called to request permission from me to place my name, as a reference, on his card. At that time, he gave me a summary of his alleged improvements in dentistry. When I spoke before of my first interview^ with Dr. Morton, I had forgotten this circumstance. 12th. Will you please state what Dr. Morton said then, of his improvements in dentistry ? Ans. 1 recollect his speaking of some process by which he pre- vented the warping and shrinking of his blocks in baking them, and of his processes for moulding his gold plate ; he mentioned g^^— ^ other improvements which he expected to make, some of which I thought chimerical ; especially his anticipation of being able to perform operations without pain. 13th. Did he then say anything about using chlorine ether to ^1^-^^^ destroy pain in dentistry ? Ans. Neither ether nor any other agent was mentioned. 14th. Will you please state what he said about destroying pain ? Ans. As near as I can recollect, he said, " and I will have some Note tbis. ^^J y^^? ^7 which I will perform my operations without pain." I smiled, and told him if he could effect that, he would do more than human wisdom had yet done, or than I expected it would ever do. 15th. Did he state that he was engaged in any process by which he expected, or hoped to attain, to the performance of operations without pain ? Ans. I do not think he did. 273 16th. Was what he said about performing operations without pain, an utterance of a hope or wish of his ? (Objected to.) R. H, D., Jr. Ans. A hope. 17th. Did he then say anything of his being engaged in perfect- ing some process by Avhich he expected to be able to fill teeth with a white preparation, King's cement, or something of that kind, instead of using gold ? Ans. I do not recollect it. 18th. Did you ever know, or learn from Dr. Morton, at what time he got a certificate from Dr. Jackson of his studentship under Dr. Jackson ? Ans. I recollect that after the discovery of etherization, a cer- tificate was obtained from Dr. Jackson ; and I think to enable him to gain the college of dental surgeons. I don't think I know any of the circumstances attending it. 19th. Suppose it were stated to you as a fact, that the meeting of the Warren club, at which you had some convej-sation with Dr. Jackson and Dr. Warren, in reference to recent painless sur- gical operations in October, 1846, was held on Tuesday, October 27th ; whether or not you should say that that was the time when, as stated in your answer to 20th interrogatory, you think the in- terview was two days previously to the amputation at the hos- pital? Ans. T think I stated that it was two days before, if the meet- ing of the Warren club w^as on Thursday evening, as it usually is. It was at the meeting immediately preceding the amputation. 20th. Whether or not the operation of November 7, was to have been performed in October, and was postponed from Satur- day, October 31, to Noventber 7. Ans. I think it was quite possible that the operation was post- poned, but having no hospital records, I cannot tell. 21st. Would you be kind enough to state all the conversation that you heard between Dr. Jackson and Dr. Warren at the in- terview, when the club met at Dr. Warren's house, on the 27th of October, 1846? Ans. I have already stated every thing which occurred. 22d. Did you hear Dr. Jackson say to Dr. Warren that he sent ^^^^ Dr. Morton to him? """^ Ans. I did not. 23d. Did you hear Dr. Jackson say to Dr. Warren that he un- derstood that the first operation about w^hich there had been conversation, was not perfectly successful ; that he understood that the patient felt a scraping, or something to that effect? Ans. I dont recollect it — I ought to say that I paid very little attention to the conversation. 24th. Did you know or hear Dr. Jackson state in this conversa- tion that there ought to be some more brilliant operation ? 18 274 Ans. I do not recollect it. 25th. Will you please to state what remarks Dr. Warren made in reference to the position of Dr. Morton ? Ans. I think he said that as Dr. Morton stood in a somewhat improfessional position, he should .prefer to have Dr. Jackson ad- minister it. 26th. Whether or not you can recall the words of Dr. Warren which he used in reference to the position of Dr. Morton ? Ans. Not distinctly enough to take my oath of them. 27th. Whether or not Dr. Warren said he did not like to Lave such a quackish fellow as Dr. Morton about the hospital, or words of that character? Ans. He might have used an expression some what like this, he is some what quackish in his way ; but I think he did not make any reference to the hospital. 28th. Whether or not you knew, at this evening of the meeting of the Warren club, of an engagement of Dr. Jackson at the mining regions of Maryland, and of his absence? If, aye how long absent from Bosten ? Ans. He stated to Dr. Warren in my presence, that he w^as to go to Maryland, and he was absent until near the 20th of Novem- ber, at least until the loth. 29th. In reference to the cases of bad effects of the early ad- ministration of ether by Dr. Morton, can you specify the causes of these, such as impure ether, want of atmospheric air, stiffness of the valves or the like? Ans. I saw nothing different from what I have seen at different times ever since, at that time, in most instances, and perhaps the instrument with valves was not used. They were cases which, at the present day, would give no special alarm. 30th. Whether or not, during the early administration of the ether by Dr. Morton, in answer to auy objection of the danger of using ether, Dr. Jackson stated, that any danger arose from the mode of administering it ? Ans. I did not hear of it during the time referred to, I heard of it three or four months afterw^ards. 31 st. Whether you recollect an interview at your house, when Dr. H. J. Bigelow, Mr. R. H. Eddy, and Dr. Morton were pre- sent? can you state the date of this? The dis- -^"s. I recollect it. It was Sunday evening, November 15, «overy had 1846. nowassum- 32(1. Whether Dr. Bigelow went from your house for Dr. ed Its full T„ „]-„„„ 9 ^ ^ importance ''^^^^°"- Ans. He did not at that time. He came from Dr. Jackson's to my house as he stated. 33d. How happened it that Dr. Jackson was then present? Ans. Dr. Bigelow had made several efforts during the day to see him unsuccessfully. What induced him to come to my room. ^l^^ ^^ ws- 275 I know not, unless with the expectation of finding Dr. Bigelow there. It was known that I had taken some interest in this pub- hcation, and had been very solicitous that nothing should be in- serted which involved the question of discovery and I had referred Dr. Bigelow to Mr. Eddy, sr., knowing him to have been often- times Dr. Jacksons' adviser. 34th. Whether Dr. Eigelow stated that he left word for Dr. Jackson to come to your house? Ans. I do not recollect it, I supposed the meeting at my room to have heen entirely accidental. It certainly was, so far as Dr. Bigelow, Dr. Morton and I were concerned. I do not think that any individual knew that any other of the party was to be present. 35th. Whether Dr. Bigelow had with him, at your house the proof sheets of the article published November 18, in the Boston Medical and Surgical Journal ? Ans. He had the manuscript, not the proofs ? 36th. Had not proof sheets then been stricken off? Ans. It was not then in type. The reason why Dr. Bigelow was so anxious to see Dr. Jackson on Sunday, was the necessity of giving it to the printer ^hat night. 37 th. Did Dr. Jackson, after he came in, sit or stand during the time of his presence at your house at this interwiew? Ans. He stood most of the time ; after an examination of the manuscript he sat down, and we had some general conversation. 38th. Whether the article was read in Dr. Jackson's presence? Ans. It lay on the table and he read the concluding portion of it. 39th. Whether or not. Dr. Jackson stated at this interview that the article was unjust and unfair to him, in not clearly stating that the discovery originated with him ? Ans. I do not recollect it, I recollect it was stated to him that every allusion to the discovery had been avoided as far as possible. There was an allusion which seemed necessary, in which both names were mentioned, the names of both Jackson and Morton. It was simply the allusion to the patent. 40th. Whether or not, you stated that you were glad to see Dr. Jackson and Dr. Morton face to face, and that you had no doubt but that if he stated fully his claims to the discovery, Dr. Morton would fully admit what was his claim, or something to this effect? Ans. I did say that I was glad to see Ihem face to face, and that I had no doubt but that he would find that Dr. Morton would admit in general all he claimed, or something to that effect. 41st. Whether or not Dr. Jackson then stated, 1st. That he discovered that the inhalation of pure sulphurine ether would pro- duce insensibility to pain. 2d. That he communicated this dis- covery on this fact to Dr. Morton, and requested him to employ it in extracting teeth, and that Dr. Morton assented to these pro- 276 positions. 3d. That he sent Dr. Morton to the Massachusetts General Hospital to request Dr. Warren to use ether in a surgical case, and that this Dr. Morton dissented from. Ans. I can't recollect the distinct propositions ; I recollect that several claims were made which Morton did admit. In rela- tion to sending Dr. Morton to the hospital. Dr. Morton dissented. Dr. Jackson said he could prove it ; I was anxious that the dis- cussion should not be renewed, and trod upon Morton's toes, and he replied, " Well, if you can prove it, of course it must be so." Those were the precise words, as far as my recollection goes. 42d. Whether Dr. Bigelow said to Dr. Jackson, "You claim Morton to have been merely a tool, then," or words of this import ? Ans. I don't recollect them. 43d. Whether Dr. Jackson said to Dr. Bigelow " at all events an intelligent instrument," or words of this kind ? Ans. I don't remember it. 44th. Whether Mr. Eddy had any part or share in the writing or publication of the paper of Dr. Bigelow ? Ans. Not to my knowledge. We then had discussed the closing part of the article before Dr. Jackson's arrival, and had excluded one sentence by the advice of Mr. Eddy. 45th. Whether, during this interview, Dr. Bigelow or Mr. Eddy urged the publication of this paper against Dr. Jackson's objections ? Ans. I did not understand that after examining the paper, he made any objections; upon first entering the room, before looking at it, he protested against it strongly. The feeling I had was that he withdrew all objections after examining it, finding that there "was nothing in there which touched upon the question of discovery. 46th. What could Dr. Jackson have been excited about when he entered the room ? Ans. I supposed he conjectured that some papers were about to be published advocating the claims of Dr. Morton as a discoverer? 47th. Had he heard anything of this paper before he came to your house ? Did he know of this paper before he come ? Did he know for what word had been left for him to come ? Ans. I presume he must have known of the papers before he came, as Dr. BigeloAV had made several efforts to see him re- specting it. I was informed that he had conversed with Mrs. Jackson in the course of the day respecting it ; I can't say whe- ther he knew^ for what word had been left for him to come to my house. I did not know that he was asked to come. I was Hot anticipating seeing any one. 48th. Has not Dr. Jackson uniformly, since your first interview with him, of which you speak in answer to 6th interrogatory, which occurred about three days after the first dental operation, when- ever the question of who was the discoverer of etherization has 277 been mooted, stated that the discovery was: exclusively his own or originated with him ? Ans. I can only say that he has not uniformly said he was the sole discoverer. He has never said anything that would contradict such an assertion. I never knew the time, first or last, when he cc-^^y did not declare that he told Dr. Morton to use ether of a par- don't you ticular quality and that it would be safe. There have been a try ether?'' good many occasions when the doctor has spoken about it, when ^'A^w^^er. nothing was said about the discovery. For the first two months or more, the difficulties between Drs. Jackson and Morton related more especially to other points. Since that time, he has uniformly asserted that he was the original discoverer. 49th. What is meant by the word uniformly, in the last answer ? Whether or not that Dr. Jackson has always said, whenever it has been stated that Dr. Wells or Dr. Morton, or any body else, was the discoverer of etherization, that he was, and so consi- dered himself the discoverer ? Ans. We were meeting almost every day, when there were conversations about ether, in which nothing was said about dis- covery. I don't recollect of conversing with him about any other person than Dr. Morton in relation to this matter. On this point, I can say no more than I have answered in my preceding answer. oOth. Whether or not you remember that whilst Dr. Jackson was absent in Maryland, Dr. H. J. Bigelow read a paper con- cerning etheiization on or about November 3d, before the Am.eri- can Academy ? Ans. I do. 51st. Whether or not you recollect that in reading that paper, or in connexion with it, Dr. Bigelow ascribed the first suggestion of the use of sulphurine ether to Dr. Jackson, and its use under his advice or direction to Dr. Morton ? Ans. I do not recollect. 52d. When did Mr. R. H. Eddy call upon you for the purpose of consulting the by-lav/s of the Massachusetts Medical Society? Ans. It was the evening before Dr. Jackson signed the appli- cation, or something about the patent. That was the 28th of October, or the latter part of October. 53d. Can you state what opinion you then gave to Mr. R. H. Seetesti- Eddy ? ^ ^o^y ^^ ^* Ans, The substance of it was that Mr. Eddy said that Dr. ^iso ^of Jackson objected to taking out a patent on the ground that the Chandler, laws of the Massachusetts Medical Society forbade the use of ^^* •^^^^" secret remedies. I replied that a patented article was not a secret char'^ed ^^* one, that Dr. Jackson had given up his profession for science, and $50o1br ad- must live by the results of his scientiiic pursuits ; that if the ^^<^^? *n experiments he alluded to were previous to that time ; I think during the previous summer. 70th. Can you state when he first spoke to you of such experi- ments? Whether he described the experiments which he said he tried ? Whether he said he used ether by inhalation ? Whether he said for what purpose he tried such experiments? Ans. I can't say when he spoke of it. I have an imperfect re- collection only of his speaking of his experimenting upon a dog at his place somewhere in the country. I do not recollect that he stated any object he had in view. He stated that he used ether by inhalation in these experiments. 281 71st. What is the etfect of ether on quadrupefls ? Are not their hinder extremities paralyzed for some ten of fifteen minutes after they recover from the etherized state, so that they drag them about after them ? Ans. I never witnessed any experiments upon animals. 72d. Whether or not you remember, that at a meeting of the American Academy, after the meeting of November 3d, at which meeting, held at Tremont Row, Dr. Jackson, having then returned from Maryland, was present, that Dr. H. J. Bigelow had some conversation with Dr. Jackson touching the origin of etherization, in which you participated ? Ans. I cannot recall any such conversation. 73d. Whether or not Dr. Bigelow, in this interview, stated to Dr. Jackson that he orally stated, when he read his paper of No- vember 3d, that the matter originated with Dr. Jackson, and that Dr. Morton obtained his knowledge from him? Ans. I don't recollect it. 74th. Whether or not you knew of Dr. Jackson's engagements in the fall of 1846 ? Whether or not he was very busy in finish- ing awid working over assays of ores ? Ans. I knew of his going to Maryland, and of his being very much interested in the new article of gun cotton, but did not know of his engagement in assaying ores. 75th. Do you remember any remarks of Dr. H. J. Bigelow's, made to you after witnessing the first or some early experiment at the Hospital, to this effect : '^ I will make the first publication, for it is a thing on whieh one may ride round the world?" or some remark to that effect? Ans. No, sir. The question probably alludes to a remark of Dr. O. W. Holmes in Dr. Bigelow's presence, a hint of which Dr. Bigelow availed himself. That was long previously, however, to the operations at the hospital. 76th. Whether or not, at some time in the winter of 1846 or 1847, a statement was drawn up by you, in which was set forth the claims of Dr. Morton? Ans. There was such a statement. It also set forth the claims of Dr. Jackson, though less perfectly, as a person selected by Dr. Jackson had undertaken that part of the statement. 77th. Whether or not Dr. Morton had then stated to you that in his experiments, or attempts to prevent sensibility to pain, he had tried or had recourse to effects on the imagination, or mes- merism ? Ans. He never made any such statement to me. • _^>«s 78th. At the time you drew up this statement, had Dr. Morton *^=^^^ made any statement to you of any use by him of pure sulphuric ether, or experiments by him with sulphuric ether, anterior to September 30, 1846, to induce insensibility to pain in surgical operations ? 282 Ans. He proposed that I should make an allusion to certain experiments, wnicn naa tnen been pubhsnea, i laiiiK, in some of his controversial papers. 79th. Was that the first time you had heard of such experi- ments, which he had then had published ? Ans. I had read his publications. 80th. Before you read his publication in which these experi- ments were set forth, had you heard from him an account of them? Ans. I must refer to my previous answer. I have stated what I heard from him. 81st. Whether or not you are familiar with the facts connected with the early history of etherization ? Ans. I think as much so as any other person. 82d. Whether or not, in your own mind, you have confidence in the alleged experiments of Dr. Morton ? Ans. I should never deny what I had no means of disputing. I had omitted them in this statement, feeling that they had no im- portant bearing on this question of discovery, feeling that they would complicate the matter. 83d. Did Dr. Morton ever state to you that he ever derived any information from Dr. Jackson in relation to sulphuric ether ? If yea, when did he first state this ? Ans. I have heard him say that Dr. Jackson proposed the use of it, and directed the quality of the article to be used. This must have been very soon after his first use of it by inhalation. 84th. Were you present at the operation at the Bronfield House on the 21st of November? If yea, do you remember whether Dr. Morton or Dr. Warren administered the ether? Ans. I was present; Dr. Morton administered the ether, not Dr. Warren ; such has always been my recollection of it ; certainly, I am sure ke was there. 85th. Whether or not, what you have stated in answer to 6th interrogatory, as spoken by Dr. Jackson, about not bringing in his name with it, w^as spoken in connection with Dr. Morton's wish to get a certificate to publish in the papers, or in connection with what Dr. Jackson said of Dr. Morton's recklessness? ^,^_^ Ans. I do not know that it was in connection with either. ^ It ^^"^^^^ seemed simply to be in connection with the use of ether. 86th. Has not Dr. Jackson refrained from introducing the dis- cussion of his claim to this discovery of the anaesthetic effects of ether at the Warren Club, and at the Boston Society of Natural History? And are you not aware that this forbearance was with an idea of avoiding, on his part, personal matters in scientific dis- coveries in the societies? ^,^2=3, Ans. I did not suppose that he had avoided it from any such iscj^' motive ; I supposed that his absence was the main reason why he did not introduce the subject, because he afterwards strongly in- 283 sisted that his claims should be considered by the academy, con- trary to the general wish of the members. 87th. Whether or not, in numerous cofiversations in October and November, 1846, you repeatedly heard statements by Dr. Jackson, that he proposed the use of sulphuric ether to Dr. Mor- ton before Morton's first dental operation under the influence of it, and for the express purpose of using the ether to induce insen- sibility ? Ans. I did. 88th. Whether or not, your statements have been that Dr. Jackson proposed the use of sulphuric ether by inhalation by Dr. Morton ; that he specified the use of rectified ether ; that he di- rected the manner of administering it ; and that he assured Morton of his safety ? Ans. Yes. I mean its use at the first operation. 89th. Whether or not, you remember that at a meeting of the Boston Society of Medical Improvements, soon after the discovery was announced to the world, that Dr. Jackson moved for a com- mittee to collect and record all the cases in which ether was used, with all the facts therewith connected. Ans. I do not. 90th. Whether or not, you have expressed the opinion that Dr. Jackson is in the same category in relation to the discovery of etherization, as Leverrier is in relation to the discovery of the new planet Neptune? Ans. By no means. I conceive that an induction from mathe- matical laws is entirely different in its value from an induction from physiological phenomena. 91st. Can any person be the author of a discovery in the in- ductive sciences without either originating any new idea, or de- vising the means of establishing the truth of a conjecture, whether more or less probable, previously brought to view by another person ? Ans. The question involves so many combinations that I can- not answer it. It would require me to look over the whole catalogue of inventions. The question expresses the general pro- cess in the making of discoveries on inventions. 92d. Whether or not, you can specify any new idea connected with the discovery of etherization first originated by Dr. Morton, or any new experiment devised by him by which that discovery was established ? Ans. I cannot; my knowledge on that point extends simply to his processes in developing the effects of etherization. Every experiment performed by Morton directly tended to develope the discovery ; and if the discovery is meant to include the advances in the knowledge of the effects of ether vapor, then Morton's first use of it for a prolonged period, in an operation by Dr. Dix, and his alleged introduction of it at the hospital in a capital operation. 284 may be considered a new experiment. The first administration of it in obstetrics, by Dr. N. C. Keep, must be considered as an- other, and a similar step in the discovery. Direct resumed by Mr. Dana. 1st. In the conversation at your house of the loth of Novem- ^^.^^ her, did Dr. Jackson claim to have discovered, independently of ^^^ Dr. Morton's experiments, the power which ether was then proved to possess? Ans. No. The conversation simply alluded to his connection with Dr. Morton to the information he gave him. 2d. In the cases at Dr. Morton's office, which produced effects, to v/hich you have referred, and where you were called in, were these effects, and how far attributable to any ignorance or reck- lessness of Dr. Morton, allowing] for the state of the art at the time? Ans. I should say no. They were just such effects as are com- monly seen now ; I sometimes suspected them to arise from the ether being of an imperfect quality, not being properly rectified. 3d. Did Dr. Jackson, in the conversation at your house, claim to have told Dr. Morton, at the interview of September SOth, ^^^ that he had then discovered the power of ether, which was known at the time of this conversation. Ans. He did not. 4th. When Dr. Morton said to you, "and I will have some way yet, by which I can perform my operations without pain," had you any suspicion to what he referred? Ans. I had not. 0th. Please refer to your answer to the 92d cross interrogatory, and connect it w^ith the first two experiments at the hospital, and Dr. Morton's dental experiments before them. Ans. I conceive that the first and only idea, so far as the dis- covery is concerned, was the inhalation of ether vapor of a pure quality. The first operation involving pain was performed by Dr. Morton. 6th. Do you consider the entertaining idea that ether could be inhaled independently of any experiment, to see what power and effect it had, as being the discovery of the ansesthetic power of ether? Ans. I do not. In no case can the physiological effects of an agent or individual persons be pronounced a priori. Dr. Jack- 7th. Considering the nature of the subject-matter, how far is son's sug- an idea that ether vapor might produce some effect in the w^ay of tinguished" ^litigating, or relieving, or destroying pain, without any experi- fi-om this nient producing pain ; a discovery of what is now known ? discoTery. Ans. I should say none whatever ; it is a plausible idea, and would deserve a trial. 285 8th. Have or not, similar ideas been commonly entertained as , The same to different gasses, vapors, and liquors, and been more or less ex- Jnonlv^^en- perimented on ? tertained Ans. They have. and experi- 9th. Suppose a person to have inhaled ether for some other ^^rj^hi^ ^?s purpose, privately, and without any cut or wound, or other act^hat Dr. producing pain, and found himself becoming unconscious, with Jackson numbness before and after unconsciousness, could he, or not, make ^^™^done a fair induction that he would be insensible to a surgical opera- ^^ut with- tion ? out any Ans. In my view he could not, because similar conditions have Fg^o^-^ ^ "been induced by other remedies, which have not had the power of th^ opinion destroying pain in surgical operations. of this sci- 10th. Did you ever know Dr. C. T. Jackson to perform any ^ptiflc and ,, , . -^ . . a ^ '' distmgmsh- ansesthetic experiment : ^^ witness, Ans. I have never seen him ; I have heard of his administering if the facts it at the Insane Hospital during the summer of '47, and also to ^'^re even Indians and others about Lake Superior, during his survey there ^^ ^J^ould in 1847-8 ; I think I must except the case alluded to in my pre- 'have vious answer as having been performed on himself, which I only amounted know from his own statement. _ tT^7& 11th. Please read your ansvv^er to the ood cross-mterrogatory. nothing Did Dr, Morton admit that he received his first idea of using ether ever came from Dr. Jackson, or that Dr. Jackson did, in fact, make a sug- ^|/*" ^®® gestion? ^ ^ page,inter- Ans. He admitted that Dr. Jackson, on this particular occasion, rogatory 2, proposed to him that he should use sulphuric ether ; nothing was «c^^ said about this being an original idea. 12th. Did Dr. Morton ever admit that Dr. Jackson said to him that he could use it with success ? Ans. I think he did ; he admitted that he told him that by ad- ministering it he could manage his patient as he pleased ; that was the only case alluded to in their interview, as I understood it ; I mean the dental patient, for whom he was in search of some- thing. loth. Did he ever admit that Dr. Jackson told him, intimated to him, the effects now known to be produced ? Ans. He never did. «:^^ 14th. From the nature of the subject-matter, do you, or not, consider the discovery to have been made before an experiment producing, constitutes the discovery? Ans. I do not, «S^ Cross resu7ned hy Mr. Jackson. 1st. Did not Dr. Jackson, at the interview at your house spo- ken of in answer to the third direct resumed, claim that he had, 286 anterior to September, 1846, discovered that pure sulphuric ether inhaled would produce insensibility ? Ans. I can't recollect the portions he did take, with one excep- tion, as previously stated ; I believe he has always made that claim since it become a matter of controversy. 2d. Suppose the case, as stated in 9th direct resumed, with this condition added, " some of severe pain, which was suffered before inhalation of ether," then, in your opinion, could not the induc- tion be made that insensibility v^ould be the result of inhalation, and that a painless operation might be performed ? i^^* Ans. My answer would be the same, and my reasons the same. Bired resumed hy Mr. Dana, 1st. Did he make the claim referred to in first cross resumed in your first conversation with him on the subject of Dr. Morton's experiments ? Ans. I have no recollection that he did. AUGUSTUS A. GOULD. Commonwealth of Massachusetts, \ Suffolk county. \ We certify that the foregoing is a true copy of the deposition in perpetuam of Augustus A. Gould, taken before us upon the petition of Dr. William T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Justices of the Peace and Counsellors at Law, Boston, December 16, 1852. I, Caleb Eddy, of Boston, of lawful age, being first duly sworn, depose and say, in answer to interrogatories by R. H. Dana, jr., esq., counsel for Dr. Wm. T. G. Morton : 1st. How long have you resided in Boston ? What has been your occupation ? What public offices have you held ? Ans. I have resided in Boston since 1799. I commenced in the ship chandlery business in 1807. I was in that business seventeen years. In 1824 I was appointed agent of the Middlesex and Mer- rimack river canal. I was twenty-one years in that office. I was in the board of aldermen of the city of Boston for two years. I 287 2d. How long and how intimately have you known Dr. Charles T. Jackson ? Ans. I can't tell exactly, but it was in 1835 that I think I first Witness knew him. My son employed him to analyze the waters of the tTrms^^ith ponds about the city of Boston. I then saw him at my son's office Dr. Jack- on Merchant's row, in State street. My acquaintance began there. son,andiin- My acquaintance with him, since that time, was very intimate up ^^jJh^^Mo?- to 1847. He was located in Hanover street when I first became ton till this acquainted with him. Our intimacy was pretty strong. He lived discovery, next door to me five or seven years. I was the means of procu- ring him two houses in which he lived. I bought for him the house in which he now lives, and hired for him the one in which he previously lived in Green street. Our families were as intimate as they could be. If any of Dr. Jackson's family was sick my wife was in there all the time. 3d. Have you known Dr. W. T. G. Morton? How long and how intimately ? Ans. The first knowledge I had of Dr. Morton, was at the time he applied to take a patent on ether. He applied to my son, and I had a part of my son's oflfice at the time. I have not known him very intimately. I saw him there often, but was not partic- ularly acquainted with him. Sometimes I took no notice of him, -^.11 his being busy myself. At other times I was at leisure and heard s^ng^^^^^fu what was said. Jackson's 4th. At the time the controversy began between Dr. Jackson favor. and Dr. Morton, on which side, if either, were your sympathies and prepossessions ? (Objected to.) . luiportant Ans. They were in favor of Dr. Jackson, for I had known him ^j^jj^^^^ a good while, and had not known Dr. Morton but a short time. Jackson on 5th. Had you an interview with Dr. C. T. Jackson, in which t^e 23d Oc- the ether discovery was talked about, in the fall of 1846 ? If so, ^^^^^'l^^e. state where and all the circumstances ? Ans. I had an interview with him at that time. His wife and wife's mother were at my house spending an evening, and Dr. Jackson came in a little past eight o'clock. This was the 23d day of October, 1846. When he came in, he inquired for my son, Robert H. Eddy. I told him he had gone to the theatre, but would be back at nine o'clock. He came into the room and sat down, and entered into conversation. In the course of the hour, between eight and nine, the conversation took place which is re- corded in the letter to the surgeons of the Massachusetts General Hospital, given by me in answer to a letter from Drs. Hayward, Townsend and Parkman. During the evening, I requested him to relate to me the history of the new discovery for the prevention narratesthe of pain in surgical operations. He stated to me that Dr. W. T. circmn- G. Morton called on him during the latter part ©f the last month, st.ances of to obtain the loan of a gas-bag, which he said it was his intention guggestkm to use for the purpose of administering atmospheric air, or some- to Morton. 288 thing else, to a patient, to quiet her fears, in order that he might extract one of her teeth; that he, Dr. Jackson, informed Dr. Morton that his gas-bags were in the attic story of his house, and it would be attended vrith some trouble to procure them ; that Dr. Morton stated that he was desirous of operating on the imag- ination of a person, in some such way as was said to have been practised on a criminal condemned to death, viz : by suffering warm water to trickle upon and from some wounded or lanced part of the body, while the eyes of the person were bandaged. Dr. Jackson stated that he told Dr. Morton that such an experi- ment would prove a failure, and he would be ridiculed for making it ; that he had better let her breathe some ether, if he could in- duce her to inhale it, which would put her to sleep, and then he could pull her tooth and she could not help herself, or could not The direct pi'^vent him by any resistance : that Dr. jNIorton inquired of him cinestion as to the danger and mode of using it ; that he replied to him that put to Dr. lie might saturate a sponge or cloth with it, and apply it to her « Did^^ou i^o'^^th or nose. After Dr. Jackson had related the above, I said tnow at to him, ^'Dr. Jackson, did you know, at such time, that after a such time, person had inhaled the ether, and was asleep, his flesh could be that after a ^^^^ with a knife, without his experiencino^ any pam?"' He re- person had T 1 .'A' i>T 4- -^i, -L • 1 1 ' r inhaled plied, '" ho, nor Morton either: he is a reckless man for usmg it ether, and as he has." This is all I recollect of the conversation at that ^_as ^^^^^Pj time. My son came in then, and they retired into another room, could he 6^^- Did Dr. Jackson say anything about his having requested cut with a or advised Dr. Morton, or any one else, to have a surgical opera- knife with- tion performed ? out his ex- . ••■ -VT • ■> Tj i. periencing Ans. JSo Sir, ne did not. any pain?" 7th. Did Dr. Jackson say anything to you respecting the taking To which Qut of a patent, or respecting his protesting against the taking out son ^an- °^ ^ patent, or being repugnant to having his name associated with s^ers:— Dr. Morton ? <'Xo, nor Ans. Not at that time, and I don't recollect that he did at any f^r/;-' he ^^^^' ^^^^^t was stated there amounted to pretty much all the is a reckless iutcrviews I had with Dr. Jackson on this subject. I have no re- man /or collection of any conversation afterwards with Dr. Jackson until a*'a^^ » "'^ -"- '^^^ ^^^^ ^^ Court street sometime in 1847. I said " Good morn- ing, Doctor," and he made no answer. I then said I wanted a little conversation with him when he had leisure. I wanted to see if I could not settle the difficulty between him and Dr. Morton. He had previously advised with me in reference to the difficulty between him and Professor Morse. He showed me a letter which he had received from Morse. His reply was, ^' If you have any thing to say to me, sir, you must say it to my attorney," and turned and left me. Two or three times after that I met him and bowed to him, but he did not return it. dth. Was this interview in the street before or after the pub- 289 lication of your letter to the surgeons of the Massachusetts Gen- eral Hospital? Ans. After, I think. 9th. Have you had any interview with Dr. Jackson, at which the ether discovery, or his concern therein, or the patent therefor^ was matter of conversation, except that of October 23, 1846 ? Ans. No, sir, not that I have any recollection of. I know I have not. I never have spoken to him since, for I considered he meant to break off all further conversation, at the time I met him in Court street. 10th. Did Dr. Jackson then, or ever, relate to you any original researches or experiments of his with sulphuric ether? Ans. No, sir ; no more than I have stated. 11th. Did Dr. Jackson then or ever, say any thing to you respecting his having made an early discovery on this subject in sSM 1842, or at any time before this time ? Ans. No, sir. 12th. Did Dr. Jackson, at this interview of October 23, 1846, or ever, reply to you, in substance, that when he told Dr. Morton to use ether, he did know, or had no doubt that flesh could be cut without pain while under its effects ? Ans. No, sir. <^^ 13th. Did he then or ever, tell you that his own mind was satisfied, before any actual experiment, and that it was only necessary to have an operation before announcing it as a fact ? Ans. No, sir. ^^^M 14th, Have you read the statement of Dr. Jackson's counsel on pages 12 and 13, of Messrs. Lord's defence of Dr. Jackson's claim, published in 1848 ? Does that cause you to desire to make any change in, or addition to, your testimony ? Ans. I have read it. It does not cause me to make any change or addition to my testimony. I wish to state that what is there stated, the greater part of it, is incorrect. Dr. Jackson told me ^^^^ nothing about 1842. It was not mentioned. 15th. Please state w^hat parts of that statement are and what are not correct? Ans. Dr. Jackson's statement that he called upon me for the Flat de- purpose of protesting against the patent, and expressing his re- ^^f^ ^f^^ pugnance to having his name associated with Dr. Morton, &c., is Jackson's * not correct. He could not have called upon me for any such statements, purpose. He called upon my son, and w^hen my son came in at nine o'clock, he left the room with him, and I kno^v not what passed between them. I don't know what he wanted of my son, nor did he state what he wanted. Dr. Jackson's statement that '' he related to Mr. Eddy his original researches and experiments with sulphuric ether, and affirmed that the discovery of its effi- -^S^ cacy to destroy the sensation of pain had been made in the year 1842," if it refers to me, is incorrect. He stated no such thino-. .^SSI 19 290 His statement that '- Mr, Eddy then asked Dr. Jackson if, at that time, he was aware that, after the ether had been inhaled, the flesh could be cut with a knife without the sensation of pain," is ^^> not correct, if it refers to 1842. My inquiry of Dr. Jackson had reference to that present time, October 23, 1846. His statement that "Dr. Jackson replied that he was satisfied it could be done, that he had not the least doubt of it, but still that an actual operation should be performed before publishing the statement as a fact ; and for this reason he gave Dr. Morton his instructions ^^^ to perform a dental operation upon a person under the influence of ether, before publishing his discovery," is incorrect. Nothing of the kind was said. Crosf>-interrGgatories by Ji. Jackson, jr., Esq., counsel for Dr. Charles T. Jackson. 1st. When did your first knowledge of Dr. Morton begin ? At^what date ? Ans. I knew nothing of him till he applied for a patent at the oflice of my son. It was in 1>j46, I think ; I can't fix the date. 2d. In what month of 1846, did he apply for a patent? Ans. I can't recollect. I made no memorandum of it. 3d. When was the interview at your house, spoken of in an- swer to the fifth interrogatory ? Ans. October 23, 1846. 4th. How do you ascertain this date of October 23? Ans. When I wrote the letter in reply to the surgeons, it was fresh in my memory ; but, in order to be sure of it, I went into the Atlas office to see what the play was which was performed that night, and to see if I v^-as correct, and I found that I was, •5th. Does your recollection, or knowledge, of the date depend 1^^ solely on the play performed at the theatre, as advertised in the Atlas ? Ans. No, sir. I had written the Jetter before I saw it, but that confirmed it. 6th. Are not the same plays performed at the theatre on many successive days ordinarily ? Ans. I believe that was not. I am very sure it was not. 7th. Did you make any memoranda at that time of the date, or of the interview with Dr. Jackson? Ans. I made one with my pencil about that time, but what has ever become of it, I don't know. 8th. When did you make these memoranda ? Ans. It was some days after the interview with Dr. Jackson. 9th. How happened it that you made these memoranda ? Please state fully. Ans. My son had told me some time before the time of my in- terview with Dr. Jackson, that there had been a discovery made, 291 by which a iimb could be cut off without pain. I made the memorandum after the interview, and before I wrote the letter to the surgeons. I can't tell why I made it. I often make memo- xanda of remarks which are made in that way. It is so long since I can't recollect all those minutiae. It is some six or seven years ago. I might have had some reason for making it then ; but it has escaped my memory. I recollect very well that, at the time I replied to that letter, I had those minutes. 10th. Did you speak with your son, R. H. Eddy, before making these memoranda, and after the interview with Dr. Jackson, and =did he suggest this course ? Ans. I don't recollect certainly ; but I think my son said to me that he had been making some memoranda himself, and he thought I had better make a memorandum of all that was said. 11th. Did your son give you any reason why you should make these memoranda ? Ans. No, sir, 12th. Did you make these memoranda yourself, in your owa handwriting? Ans. I did. 13th. At the time, as you state, you went to the newspaper office about the date, was your letter written ? Ans. Yes, sir. It v«ras the same day. 14th. Was the letter dated when you went, Ans. I think it was, sir. 15th. How long before you wrote the letter did you make the memoranda ? Ans. I could not tell whether it was a weekj ien days, or twenty days. 16th. Had your memoranda any date, showing when you made them? Ans. I can't tell. I remember distinctly of having the memo- randa before me at the time I answered that letter. 17th. How many days elapsed, after the interview with Dr. Jackson, before you made these memoranda ? Ans. That I cannot tell. 18th. Were these memoranda made after the interview you have spoken of, in the street, near Mr. Putnam's office ? Ans. I think it was made before. 19th. Why do you so think ? Ans. It is so impressed on my mind. 20th. Did you take any other means than of going to the office to find the date of Dr. Jackson's call at your house? Ans. No, sir. 21st. Did you ask of any members of your household, or of your servant, as to the date ? Ans. No, sir. The letter was written at the office. C92 22d. What is the incident of the play which you say fixed the date of the interview ? How do you know that it was brought out only on one night ? Ans. I don't recollect the nanae of the play. I don't know^ but that it was played more than that night ; but I don't think it was. 23d. Did you have these memoranda before you when you wrote the letter to the surgeons you have been asked about ? Ans. Yes, sir. 24th. When did you last see these memoranda ? What did you do with them ? Ans. I don't think I have seen it since about the time when I wrote that letter. I can't tell what I did with them. I generally tear up things of that kind which I don't consider of any value. 2oth. Can you find these memoranda now ? Ans. No, sir. I don't believe that I have them. 26th. Had you kept these memoranda until you wrote the let- ter, as matter of importance to you ? Ans. I don't know that they were of very great importance to me. 27th. Can you state what was the substance of these memo- randa ? Ans. Yes, sir ; pretty much w^hat was contained in that letter. 28th. Where had you kept these memoranda before you wrote the letter ? Ans. I could not tell whether it was in my pocket-book, my desk, or where. I think it very likely it was in my desk at the office. 29th. Did yoy make these memoranda at your house ? Ans. No, sir ; at the office. 30th. Had you a desk in your son's office, or an office with your son ? Ans. I have had a desk there ever since the office was taken, ten or twelve years. 31st. Can you state that the memoranda were made more than a week or ten days before your letter was written to the surgeons ? Ans. I believe I have said that I could not fix the date. 32d. Have you ever, before to-day, stated that you made these memoranda ? Ans. I don't know that I have to any one ; still 1 might. 33d. Whether or not the interview^ at your house, with Dr. Jackson, was before or after your acquaintance with Dr. Morton began ? Ans. I think Dr. Morton was at the office before that inter- view ; but I had not been personally acquainted with him. I am very sure that he had been in the office. 34th. What was that which you said your son told you that he was making some memoranda of7 293 Ans. I don't know what he was making a memoranda of. He did not tell me. He said I had better make a memorandum ot what occurred at the house. It is mj impression that he told me, and that that was the reason for my making it. I think my son did not tell me that he was making any memoranda himself; but still he might have, as it was a good while ago, and I did not tax my mind particularly with it. I think my son has memoranda. He told me that he had, the other day, memoranda of the whole transaction. 3Dth. Whether or not you have had much conversation with your son in relation to etherization, and the matter of the patent ? Ans. There have been conversations, but nothing more than common talk about it. I have read a good deal on the subject, and have got nearly all that has been published in the newspapers, and the different pamphlets, bound up. 36th. Did you know that your son had an interest in the ether patent? Ans. I knew, at the time, that he had some interest in it, but what it was I don't know that I could state. He soon gave it up back again to Dr. Morton. 37th. Did you know, at this interview with Dr. Jackson, at your house, that your son had an interest in the patent for etheri- zation ? Ans. No, sir ; I don't think he had any at that time. I don't know. 38th. If he had not, were negotiations on foot for the purpose of his having an interest ? Ans. I can't tell w^hat was going on between those two. There was not, to my knowledge. I was not in the office at all times when Morton was there. 39th. Did you, at the time of the interview at your house, know of any negotiations going on between your son and Dr. Morton ? Ans. No, sir. 40th. At the time Dr. Jackson came to your house, and inquired for your son, Robert H. Eddy, had application to your son been made for the patent ? Ans. I think there had, by Dr. Morton. 41st. Do you know whether your son had been to the labora- tory of Dr. Jackson, in relation to the ether patent, before the time when, as you state, in answer to 5th interrogatory, Dr. Jack- son came to your house ? Ans. I think he went up there, and the Doctor was absent. He saw Mrs. Jackson, and not the doctor. He might have gone there a half-dozen times, and I not know it. 42d. Will you please state what Dr. Jackson said w^hen he came to your house, and what was said to him at the interview before referred to ? 294 Ans. I cannot state it without referring to my letter to the sur- geons. That states the whole of it. 48d. Who began the conversation touching the ether matter ? Ans. I don't know which mentioned it first. I think I did. 44th. Did Dr. Jackson state that Dr. Morton had entire confi- dence in his (Dr. Jackson's) knowledge, and that he would impli- |lg^> citly follow his (Dr. Jackson's) directions, or anything to this effect ? Ans. No, sir ; not to my recollection, i 45th. Before your son came home, on the evening spoken of in your answer to 5th interrogatory, w^hat, if anything, had you said to Dr. Jackson about the patent ? Ans. I don't recollect that I said anything about it. 46th. Did Dr. Jackson, in answer to your question on the matter of the new discovery, say anything of Wells and his experiments ? Ans. I think he did. I think he said that Wells had pretended that he had made some discovery, and that there w^as a trial of it at the College, I think, and that it had failed. 47th. Did he say anything in relation to an idea of Dr. Morton, when he come for a bag to his laboratory, about affecting the imagination of his nervous patients ? AnSo Yes, he did. I have stated it in my letter. 48th. Will you please state what Dr. Jackson said was Morton's idea of affecting the imagination. Ans. I think it the same experiment which he said had been made in France, by dropping water on a man whose eyes were bandaged. The man supposed he was bleeding. 49th. Did Dr. Jackson say that he first asked Morton why he did not try what Wells had used. Ans. No, sir ; not to my recollection. 50th. Did Dr. Jackson say anything about nitrous oxide, at this interview ? Ans. No, sir. 51st. Did Dr. Jackson say that he told Morton he had better try something which would have a real effect, instead of using atmospheric air? Ans. He said he told him that he had better use ether, or some- thing else of that kind, that atmospheric air was not the thing, 52d. Did he say, or give any reason why he said atmospheric air was not the thing ? Ans. I don't recollect that he did. He might have done so. 53d. Will you now please state v/hat you began just now to say, by way of explanation of the last few questions? Ans. Dr. Jackson said that the experiment had been tried by Dr. Wells, at the college — the Medical College, I suppose he meant — and it was a failure. I think he said Dr. Wells used some gas, it was not sulphuric ether. I think he said it was chloric ether. 295 54th. Did Dr. Jackson, at this interview at your house, state that he asked Morton why, instead of using atmospheric air to affect the imagination, he did not use nitrous oxide, or "some gas" to produce a real effect? Ans. I don't think he did ; he said ether ; that is, as I under- stood it. Dr. .Jackson told him to use ether. DOth. Whether or not, he said "some gas," or spoke of some, before he said that he told Morton to use ether? Ans. No; I don't recollect that there was anything of that kind. 56th. What is the memorandum which you hold in your hand? Ans. It is only a memorandum which I have taken off myvself to refresh my memory. 57th. Of what is that the memorandum ? Ans. Of the interview with Dr. Jackson on the evening when he was at my house. 58th. Is that the memoranda referred to iii your previous answers? Ans. No, sir. I had no memoranda of ray previous answers at the time I gave them. 59th. When and where was the memoranda made to which you have just been looking? Ans. It was made at my house, last evening, principally ex- tracts from my letter to the surgeons. 60th. Will you please answer the questions nov/ to be put, without any more reference to those memoranda? Ans. If I can answer them ( orrectly. I will. If not, I will refer to the memoranda. 61st. Can you not answer without referring to your memo- randa? Ans. In many instances I might, perhaps not in all, give the most correct answer. 62d. Is your memory good, reliable and accurate, as to past conversations ? Ans. Pretty good for a man sixty-nine years of age. 63d. You say you asked Dr. Jackson, on the evening at your house, to relate the particulars of the new discovery. Did you pay particular attention to his answers? Ans. Yes, sir; I think I did. 64th. Was the conversation between Dr. Jackson and yourself alone, or did the ladies present join in it? Who were present besides Dr. Jackson and .yourself ? Ans. The ladies did not join in the conversation. The ladies, Mrs. Jackson, Mrs. Bridge, and I think. Miss Bartlett, who were all who were present, besides Dr. Jackson and me, were con- versing with themselves. Dr. Jackson and I sat on the opposite side of the room. I don't think they paid any attention to what we said. I have asked Mrs. Bridge since, if she did not remem- -^SS 296 ber what Dr. Jackson said on that evenmg. She said no ; she did not remember anything at all about it. 65th. What is the name of Dr. Jackson's wife's mother? Ans. Mrs. Bridge, the lady I refer to. 66th. Are you sure that Mrs. Bridge was present at the inter- view at your house, about which you have testified ? Ans. Yes, sir. Mrs. Bridge and Mrs. Jackson came before the doctor came, to spend the evening. 67th. Are you as sure of this as of any other matter you have testified to, as taking place at this interview ? Ans. I think I am. 68th. Did Dr. Jackson state that he asked Dr. Morton, or said to him anything about Wells' experiments, or about what Wells used? Ans. No; I don't recollect that he did. 69th. Do you remember that Dr. Jackson stated, that when Morton was going from his laboratory with the bag, he followed him, and took the bag away from him ? Ans. No, sir. He did not state anything of the kind to me. 70th. Did Dr. Jackson state that he told Morton to go to Bur- nett's? Ans. No, sir. 71st. Did he not say that his first answer to Morton was " why •don't you try something which will have a real effect," or can't you recall the words? Ans. He did not use the word '^real effect." He recommended him to use ether, as I have stated before ; that that v/ould put her to sleep, and he could control her. Those are the words, as near as I can recollect; that was the substance of them. If you will permit me to refer to my memoranda, I will give you the exact words. It was that, if he would give her ether, he could get the control of her and could pull her tooth out ; that was the substance of it. I don't know that they were his exact words. 72d. What, if anything, did Dr. Jackson say about careless- ness, or boldness, or recklessness of Dr. Morton ? Ans. He said he was a reckless fellow for using the sulphuric H^a. ether as he did, and he would kill somebody with it yet. 73d. Did he specify any instances of recklessness, or say what talk he had heard about Morton's using it? Ans. No, sir. 74th. Do you remember that Dr. Jackson said that it was ne- cessary to have an operation — a surgical operation, performed? Ans. I can't recollect exactly that he did say anything on that point, without referring to my minutes. He might have said it. I have looked at my minutes, and don't find anything of that kind; still, he might have said it. 7Dth. Did he epeak of the need or use of using or trying ether in any operation, at this interview ? 297 Ans. I don't think he did. 76th. Do you not recollect that, when Dr. Jackson came to your house, his wife came with him, on the evening of the con- versation testified about by you ? Ans. His wife did not come with him ; I am very sure of it. She was there when Dr. Jackson came. 77th. How long was this conversation at your house ? Ans. My son came home at nine o'clock, I think exactly. The Doctor came tkere a little past eight. 78th. Was there a fire in the room where you had the conver- sation with Dr. Jackson ? Ans. No, sir : I ilon't think there was. We don't make a fire in the parlor where we were, until it is quite cold. There might have been some fire in the furnace. 79th. Can you, from your memory, state how Dr. Jackson be- gan his answer to your inquiry, when you asked for the history of the new discovery ? Ans. He said Morton called upon him and wanted to borrow his gas-bags. That is the way he began it. 80th. Did or not. Dr. Jackson say anything to you, in this interview, of the degree or kind of certainty a scientific man re- quired, before publishing a discovery ? Ans. No, sir. 81st. Whether or not the subf.tance of one part of Dr. Jackson's conversation with you was a statement of his own knowledge of the effects of sulphuric ether ? Ans. No, sir. No farther than he said he could put the person to sleep, whom he wished to quiet ; — that the effect of the ether would be to put her to sleep. 82d. Did Dr. Jackson say anything about advertisements of Dr. Morton in reference to ether ? Ans. Not to me. 83d. Whether or not it was a matter of considerable considera- tion w4th you, before you wrote the letter to the surgeons of the hospital ? Ans. I had thought a good deal of it. My son had told me that there had been a discovery made by which a person's flesh could be cut without giving him pain. I told him I could not believe it, and that led me to make the inquiry of Dr. Jackson. I think T reflected pretty well before I wrote the letter, for I thought it might be made some use of, going into a public institu- tion. 84th. Whether or not you showed your son, R. H. Eddy, the letter, before writing it out from your rough draft, in the shape in which it now appears in print ? Ans. I don't think I did. I have no remembrance of it. I think I told him what I had written afterwards, but not before I had written it. The surgeons' letter was directed to both of us. 298 85th. Whether or not, in your answer to the fifth interrogatory, you took your published letter and read that ? Ans. I think I looked at part of it, when an objection was made hy Mr. A. Jackson, Jr., to my doing so. 86th. Whether or not, instead of givmg your testimony from your memory, you read your letter ? Ans. I read my letter first, and then gave my testimony, be- cause it was part of the evidence. 87th. Whether or not you said that this letter brought the matter better to your mind than anything else ? Ans. I might have said so ; — said it refreshed my memory, or something of that kind. I had not read that letter for a long time previously to my reading of it here. 88th. Did you read your letter sentence by sentence, pausing long enough for Mr. Putnam to write what you read ? Ans. Yes, sir. 89th. What, if anything, have you heard your son say about inducing Dr. Jackson to agree to sign an application for a patent? Ans. I don't recollect that I heard him say anything about it. I have not ha^I much conversation with him about it. 1 was there when Dr. Jat ^son came to sign the application, but I did not con- verse with him about it. I generally get up and go out, when anybody comes in to see about a patent. 90th. Do you know, on the part of your son, of any calcula- tions as to pecuniary value of his interest in the patent made in October and November, 1846, or of any between yourself and your son ? Ans. No, sir. 91st. Whether or not, at the interview at your house, or at about that time your son said that he was afraid that Dr. Jackson would refuse to sign the papers, or back out, before he could get the papers drawn, he found Dr. Jackson so prejudiced against patents ? Ans. No, sir ; not to my recollection. 92d. You say, in answer to 7th interrogatory, that you have no recollection of any conversation afterwards with Dr. Jackson ; — after the interview at your house, when and where next did you converse \vith Dr. Jackson ? Ans. I don't recollect of conversing with him on the subject at all after that. 93d. When and where did you have a conversation with Dr. Jackson about a splendid ether establishment? Ans. I never had any such conversation with him. It was with Morton. [I told Morton that he had better let Dr. Jackson have an interest in his patent. I told him I thought Dr. Jackson un- derstood better the manufacturing of ether , and they both together could make money out of it.] (The part in brackets objected to, as not responsive.) 299 94th. What did you say to Dr. Jackson about his receiying twenty-fire cents for each ether label he signed, if anything ? Ans. Nothing. 95th. What, if anything, do you know of discussions in Dr. Jackson's presence, about European patents? Ans. I don't know anything. 96th. If you know anything about this, please state it ? Ans. I know nothing about it, except that I think Dr. Morton was at my son's office, to see something about European patents, but I know nothing of what was said. He generally was pretty private. He talked low. 97th. Do you remember an interview at your son's office, when Mr. Hayes came in, in behalf of Dr. Jackson? Ans. I could not state the conversation. I recollect that Mr. Hayes w^as once at the office. 98th, Do you recollect of rising and saying, "five per cent, of European patents, for I marked it on a newspaper?" Ans. It is not in my recollection now. I don't know what it has reference to. 99th. How many times was Mr. Hayes present at your son*s office? Ans. I can't tell. I saw him there once or twice. I don^t know that I saw him there more than onee. Still he might have been there. 100th. Do you recollect that Dr. Jackson came to the office and said that he intended to appeal to the French Academy? Ans. No, sir. I have no recollection of any such thing. 101st. Do you remember that there was haste and hurry at the time Dr. Jackson came and signed the application for a patent? Ans. I don't know that there was any particular hurry about ^^--sas it. I think he sat down and read the application, or the patent. *^=:&^ I don't remember that he was in anv hurrv about it. 102d. When did he read this ? Ans. I don't remember the exact date. 103d, Do you remember anything that took place at your son's office, when Dr. Jackson there signed the application for a patent? Ans. I could not tell distinctly what was said or done, I saw Dr. Jackson sit down and sign some papers; what they were I don't knov/. I supposed they were the papers to send on to Washington for the patent. I did not read them. 104th. What do you know of any sending out to Europe by your son to secure patents? Ans, I know nothing, otherwise than I understood that he had sent out. 105th. Do you know what was the extent of his interest in thf. European patents? Ans. No, sir. 300 106th. Do you remember a time at your son's office, when Dr. Jackson was present, when strong and emphatic language was used by him, by yovi, and your son? Ans. No, sir. There is nothing in my recollection now, if there was anything. There might have been. 107th. Was there not an interview of a stormy character ? Ans. It is not within my recollection that there was anything said very stormy, or very violent. 108th. If, as you say, there might have been such an interview, was this before or after the meeting Dr. Jackson in Court street, as you have stated in answer to 7th interrogatory ? Ans. I think it was before. I don't recollect of seeing Dr. Jackson at my son's office more than twice. 109th. Was not Dr. Jackson at your son's office, when you were there several times with Mr Hayes ? Ans. No, sir. I think Mr. Hayes was with him at the time he signed the papers. I saw him sign, but I wont be positive. I don't reccollect any other time. 110th. When was your letter, inquired of in 8th interrogatory, first published ; — whether or not in Mr. Bowditch's Report of the Board of Trustees of Massachusetts General Hospital ? Ans. I think it was first published in that report. 111th. Did you know of any claim connected with etherization, of Dr. Smilie's, bought out by your son, Mr. R. H. Eddy? Ans. No, sir. 112th. Whether or not, in the testimony here given, your mem- ory runs back to the incidents of 1846 themselves, entirely, with- out reference to any letter or letters of yours on the subject ? Ans. It does not entirely, but principally. CALEB EDDY. Commonwealth of Massachusetts, j County of Suffolk. j We hereby certify that the foregoing is a true copy of the de- position in perpetuam of Caleb Eddy, taken before us, upon the petition of William T. G. Morton, under the statutes of this Com- monwealth. GEORGE T. CURTIS, J. P. PUTNAM. Two Justices of the Peace, and Counsellers at Law. Boston, December 14, 1852. 301 Deposition of the distinguished Surgeon, Dr. J. C. Warren, I, John C. Warren, of Boston, surgeon and physician, of law- ful age, being first duly sworn, depose and say, in answer to in- terogatories by Richard H. Dana, jr., esq., counsel for Dr. Wm. T, G. Morton. 1st. Are you, and how long have you been, one of the surgeons of the Massachusetts General Hospital ? Ans. I am one of the surgeons of the Massachusetts General Hospital, and have been s© about thirty years. 2d. Did you perform the operation at this hospital of October 16, 1846, upon a patient under the effect of ether ? Ans. I performed an operation, at the request of Dr. Morton, The first at that time, upon a patient who was unper the influence of some- the^^Hospl- thing, I dont know what. I did not know then, and dont know tal perform- now. Dr. Morton called on me some days before that time, said ed by him, he had an article, the use of which would prevent pain in surgical admiSster^ operations, and asked me to use ii the first opportunity I had. lag ether. Two or three days after, not having any private operation, I em- ployed it on a patient at the hospital. od. Was this, and how far, a successful operation, as regards the insensibility of the patient ? Ans. As relates to pain, it was perfectly successful. The pa- Observe tient did not complain of pain at that time, nor even state that he *^^*, these had experienced pain, but, during the latter part of the operation, ^ere per- he was sufficiently conscious to speak and move freely. formed on 4th. Was it Dr. Morton's request, that you should use it at the f ^^^^^jjj^^" hospital, or that you would use it in a surgical case, irrespective ^e^not ev^ of place? commnni- Ans. It was of a general nature, and, as I understood, referred eating the particularly to my private patient, but not having any private asent^used! patient to operate on at that moment, I applied it to a patient in the hospital. 5th. What was the operation of October 16, 1846 ? Ans. It was an operation on a tumor about three inches long, on the left side of the neck, a dangerous vascular tumor, deeply situated. It was removed in about five minutes. 6th. Before you used it, did you take means, by inquiry, or otherwise, to satisfy yourself of the safety and probable utility of this substance which Dr. Morton proposed to administer? Ans. I asked Dr. Morton whether the substance he proposed to me to use was certainly safe to the patient, and whether he was sure it would be effectual, as I had been anxious to find some- thing of the kind he proposed, and made repeated trials of articles without any satisfactory effect. He assured me m reply that the substance he proposed to employ was perfectly safe, and thought it would be effectual. Note. This and the subsequent depositions of the Surgeons of the Hospital, clearly show that Dr. Jackson's pretence of having made himself responsible lor the operations there, or made any arrangements for them, is false. 302 7th. Did he' refer to any, and what, dental experiments of his own? Ans. I think he did, but don't recollect the particulars. 8th. Was this» operation of October 16, 1846, as far as you know, the first successful experiment of a surgical operation under the effect of an anaesthetic agent? 1^^^ Ans. It was the first successful operation I ever witnessed un- der the effect of an anaesthetic agent, and the first of the kind I have known. ^ 2d opera- 9th. Were you present at the hospital the next day, at the *^®^- operation performed by Dr. Hayward ? Ans. I was. The patient was mine, but was referred by me to Dr. Hayward. It was my tour of duty at the hospital. 10th. What W8?s this operation, and how successful? Ans. The operation, I think, was the extirpation of a tumor from the arm, and was perfectly successful. 11th. At the operation, did you or Dr. Hayward know what the agent was that was administered? 1^^-* Ans. I did not, and I think he did not. ]2th. Please state who administered the agent in these t^o cases. ^^=* Ans. It was administered by Dr. Morton. 13th. Were you present at the amputation by Dr. Hayward of November 7, 1846? If yea, what was the operation? Sd opera- Ans. The operation alluded to was, I presume, an amputation of the leg. I was present. 14th. Was this the third experiment at the hospital ? Ans. I believe it was, or an excision of the lower jaw, a pain- ful and protracted operation, in which the patient's sufferings were greatly mitigated. These both took place on the same day — the excision of the jaw by me, and the amputation by Dr. Hayward. 15th. How far was the anaesthetic part of the experiment at the amputation successful ? Ans. It was, I think, perfectly successful. 16th. Who administered the anaesthetic agent and had charge ^^^__^ of it during these two operations of the 7th of November? ^^ Ans. Dr. Morton, as before. 17th. Before the operations of November 7th were performed, was there, or not, a doubt as to whether this agent should be used in those cases ? If so, was it founded, or not, on the fact of its being secret or patented, or both? ^^^ Ans. I think there was. We had an objection to using it on the ground that it was a patented discovery, and, after some con- versation between Dr. Hayward and myself, we concluded not to use it again, until this matter was explained to us. I presume that the secrecy, also, was one ground. 18th. Did Mr. Morton, before the operation of November 7, send you a letter explanatory of the nature of the agent used ? 303 Ans. He did. 19th. Can you produce and annex that iette* ? Ans. I am not aware that I have the letter, though I am cnu^ iident that such a letter was written. If I am not mistaken, the letter was laid on the. table in the surgeons room for others to see, and that, when we came to want, it after two or three days, we could not find it. I feel very confident that the letter disappeared, and that I have not got it. 20th. Was that letter read by you to the surgeons at the hos- pital, or shown by you to them, and for what purpose, at or be- fore the operations of November 7th ? How soon before ? Ans. I think it vras shown to them for the purpose of obtaining their opinion as to the expediency of operating again before an explanation of the above-mentioned topics was afforded, but how long before I can't tell exactly. 2ist. What was the substance of this letter? Ans. I am unable to answer this question precisely. I think it contained the explanation which we desired to have, and, at any rate, we were w^ell satisfied with it, and concluded to continue the new article in our operations. 22d. Did it or not, to your recollection, state that the agent was ether? Ans. I cannot answer decidedly, but I think it did. 23d. Has sulphuric ether, or not, been used at this hospital ever since, and how successfully, in surgical cases ? Ans. It has been used ever since, perhaps with a temporary in- termission, when chloroform was first introduced. The latter agent :^:>m was substituted for a while, but, being discovered to be danger- ous, was gradually omitted, and the use of ether restored. The success of ether has been uniformly favorable in this hospital. 24th. Is, or not, chloroform a safe anaesthetic agent ? Ans. We do not consider it safe. Now and then it produces ^g:»^ dangerous effects. 25th. Have you used nitrous oxide gas as an ansesthetic agent io your private or hospital practice ? Ans. I have not. <^^ 26th. Do you know of its being used successfully ? Ans. No. k 11 . 1 -1 . , , miinication 4oth. Do you recollect how many surgical operations had been from Jack- performed at this time ? son before Ans. I cannot tell without reference dates; it would be easy r[!J^^^^^^^ to determine. 46th. Did you at this time know that the agent was ether ? Ans. I am unable to answer that question. 20 306 47th. How longj and how intimately, have you known Dr. C T. Jackson ? Ans. I have known Dr. Jackson many years — perhaps twenty. Witness' I have been in the habit of seeins" him occasionally, and meetingr associations 1 • • ^i • • j.* ' '^ •ffith Dr J ^^^ ^^ ^^ various societies. 48th. What was the object of this club ? Is it or not called the "Warren Club," after yourself? How often did it meet? Ans. It was a club intended to promote scientific and social pursuits. It was originally called the ''Warren Club/*' but I requested that the name should be omitted in the notifications, and now it is called the "' Thursday Evening Club." It meets once a fortnight, and has usually done so. 49th. How long have you known Dr. W. T. G. Morton? What have been your relations with him ? Ans. I knew Dr. !\Iorton a year or tY-ro before the discovery of ether as an anaesthetic. I had seen him, perhaps, two or three times before that event. My relations with liim have been no Konewith o^^^r tha,n that of a general acquaintfince. r. M.D 50th. Did he attend your sm-gical lectures in 1844 ? Ans. Yery possibly he did, but I cannot state it as a fact. 51st. Before this conversation with Dr. Gould and Dr. Jack- son, to which you have referred, had you any suspicion that Dr. Jackson had any part in this discov-ery, or any particular interest in it ? (Objected to, as inquiring of the suspicion of witness.) Dr. War- -^^s. I had not. ren had 52d. Eetore this conversat'on with Dr. Gould at your house, never cob- to which you have referred, had you or not, in any way, asso- Jacl^n's ^^''^^^^ ^^' Jsckson's name Avith this discovery or these experi- name with ments . the discov- Ans. Not that I recollect. ery till Not. ^^g^^ -jq-^ jj Jackson ever, at any time, request you to per- ith; after It ^ . , . ^' -^ . ' J -' . t' was fully es- lorm any surgical experiment or experiments, m connexion with tablished in any ansesthetic agent ? public opm- ^Qg^ jjg ^[^ afj-gp -j-j^a^ period ; he wrote me a letter request- ing me to perform some experiments at the hospital. 1 have looked for that letter, but cannot find it. 54th. Are you sure, and how are you sure, that he wrote you any such letter ? Ans. I recollect perfectly his writing a letter of that descrip- tion. My recollection of the substance of that letter is not clear ; but I am clear that he did write such a letter. I was rendered more certain of my ha\ing received such a letter by conversation with Dr. Gould in the winter or spring of 1852, when we were called upon by a committee of Congress to give evidence in relation to the ether subject generally. I will state further, that the recollection of it was brought to my mind by Dr. Gould at that time. 307 55th. Please to state the substance of your conversation with Dr. Gould in 1852 on the subject of this letter from Dr. Jackson to you. Ans. I received two applications from Congress — one from the chairman of a committee of Congress, and, at a subsequent period, another from the honorable Mr. Stanly, a member of that committee. There was a distance of two or three months be- tween these applications. I am not able to state at this moment on which of these applications I was led to converse with Dr. Gould. Having these applications from Congress, and having previously dismissed the subject of the controversy from my mind for two or three years, I was at first at a loss what answers to give, and was apprehensive 1 might make some mistake from want of recollection on the subject. Knowing that Dr. Gould was well acquainted with the subject, I thought we might mu- tually aid each other in reviving the recollection of important facts. I recollect distinctly that there was a conversation be- tween Dr. Gould and myself at that time on the subject of the letter. I asked him whether he recollected such a letter. He said he did know that such a letter w^as written. I then became satisfied in my own mind that I was right in believing in the existence of such a letter, although I had previously some un- certainty. The object of the letter, as I recollect, was to invite me to go to the hospital on a certain day and to apply ether. 56th. Did Dr. Jackson, in this letter, express any dissatisfac- tion with the previous experiments at the hospital, performed under Dr. Morton's superintendence ? Ans. I have an obscure recollection that he did, but cannot positively aver it. 57th. What was the particular purpose or object of the appli- cation of the ether in this case ? Ans. I don't recollect that there was any particular object in that case. 58th. Did you comply with the request ? Ans. I went to the hospital about that time, and attended the administration of ether, but not particularly on account of the letter. ^ It was my duty to go there about that time. 59th.' Was Dr. Jackson, or any one in his behalf, present at or about this time ? Did anything occur different from the usual previous experiments ? Ans. Dr. Jackson was, I think, present about that time, but whether anything particular occurred, I do not remember. 60th. If present, did he take any charge or superintendence of, or give any direction concerning the ether ? Ans. None that I remember. 61st. Was it then administered by the surgeons themselves, or was Dr. Morton still employed ? Ans. I cannot tell how it was at that time. 308 62d. Did you erer know Dr. Jackson to be present more than at this time at the hospital ? and then was he more than once present ? Ans. I cannot answer that question certainly, but my recollec- tion is that he was more than once present. ] should say twice, hut I state this with some hesitation. I have a perfect recollec- tion of his being there, but how often I know not. 63d. Did he erer make to you any other request about an ex- periment at the hospital, except by this letter ? Ans. I think not, 1^^^ (54th. About what time did you receive this letter from Dr. Jackson ? How long after the conversation at your house with him and Dr. Gould ? ' Ans. I can say it was within a month after the first adminis- tration of ether, but exactly the time I cannot indicate. ^^^ 6jth. Should you or not have gone on attending these experi- ments just the same if you had not received it ? Ans. I should have gone on attending the experiments just the same if I had not received it. 66th. At the time of your conversation with Dr. Gould and Dr. Jackson, to which you have testified, did you say anything to him about his attending himself at the hospital ? Ans. I think I did. I think I said to him he ought to he there, or words to that effect. 67th. What reply did he make? Ans. I believe he said he could not conveniently be there. He was going out of town, cr something of that kind. 6Sth. Did he in fact attend on this invitation from you : Ans. He came there afterwards, but whether on the ground of that invitation or not, I cannot say. 69th. What led you to say to him that he ought to be there, and in what connexion was it said. Ans. I had confidence in him as a great chemist and scientific man, and I understood at that time that he was acquainted with the subject of ether, and had made some suggestions to Dr. Mor- ton. So far as I remember, it was towards the conclusion of the conversation. I, finding that he was acquainted with, and inter- ested in, the subject, naturally invited him to be present. This question recalls this part of the conversation which I had for- gotten when I gave ray former answer. Cress Interrogaiories, by ^i. Jackson, jr., esq., counsel for Dr. Charles T. Jackson. 1st. Have you not, while practising medicine and surgery, had occasion to send your pupils to bleed patients, or to administer xemedies prescribed by you ? 309 Ans. In the former part of my life I hxave so, but not of late years. 2d. In cases where you have thus sent your pupils to adminis- ter clirative means prescribed by }0U, did you or not consider your- self responsible for the effect of the remedies, so far as a physician can be held responsible for the effects of his prescriptions. Ans. Yes, sir. 3d. In case you should have discovered a new means of curing a disease, which means were generally regarded as highly dan- gerous to life, and so set down in the standard medical authori- ties, and should direct one of your pupils to administer this means, should you or not be regarded by medical men as the one responsible for the effects of that new means of cure ? (This question objected to. J. P. P.) Ans. I think I should, 4th. In case the means presented by you should prove directly See ans, fatal to the patient, would not you alone be held responsible, *<^ 42d in- proyided your directions had been carefully complied with in the that^^Jac2 administration of the means ? son took no Ans. Yes, sir. ^^^^S^ee^il' 5th. Is it not a fact that physicians' prescriptions are generally ^ J" g^^^^^' administered by other persons than the physician himself ; and is terrogatory it, or not, generally the case that the ph3'3ician is absent at the &c., and time the prescribed medicines are administered by the attendants? ^^^^ cross, Ans. It is. 6th. Did you, or not, address a note to ])r, Jackson, dated Oc- tober 28, 1846, asking him to inform you concerning the nature of the agent used at the hospital in Dr. Morton's administration^ and asking him to procure the use of the instrument for inhalaiicn of it for the hospital ? Ans. I did. ^ 7th. Whether, or not, this is the note here produced, and a copy of which is annexed to the deposition ? Ans. It is. (This copy is annexed by me, marked A.) J. P. P. 8th. Whether, or not. Dr. Jackson replied to this note on the 28th of October, 1846, or the day after, or within a fev/ days after ? Ans. I have no recollection of any, but dare say that he did make some reply. 9th. Will you be kind enough to look among your papers for his reply, and annex it, or a copy of it, if it can be found. Ans. t will. 10th. Whether, or not, the free gift of the right to use the ether in surgical operations was subsequent to your writing this note ? Ans. I think it was. 11th. Whether, or not, you remember the words that Dr. Mor- on used when he first came to you, some days before the first 310 •operation? Whether he said ^^ he had got hold^' of a means of preventing pain in surgical operations ? Ans. I don't recollect the precise words. 12th. Did he leave you uninformed at the time as to the origin of this discovery of a means of preventing pain by the agent about to be applied by ^^ou ? Ans. Entirely. 13th. Whether^ or not, at this interview, he stated that the means had been discovered by himself, or that he did not say he became possessed of the means of preventing pain in surgical operations ? Ans. He did not say how he became possessed of the means of preventing pain in surgical operations. 14th. Whether, or not, Dr. Morton informed you that be had invented an apparatus for the inhalation of a vapor, the effect of which was to produce a state of total insensibility to pahi ? Ans. I don't recollect anything about an apparatus ; I think it quite possible he might have spoken of one. 15th, When did you first learn that the agent employed bj Dr. Morton was notning but pure sulphuric ether ? Ans. I think it was after the second operation at the hospital. 16th. Did Dr. Morton make any communication to you respect- ing the nature of the agent used, after, or at the time of the first operation at the hospital, on the same day of the first operation ? Ans. He did not inform me of the nature of the substance em- ployed on the day of the operation, but I think he did a few days after. 17th, Whether, or noi, you learned from Dr. C. T. Jackson, at your house, on the Thursday evening before referred to, after your first operation with the ansesthetic agent at the Massachu- setts General Hospital, that the substance used for the prevention of pain in that operation was sulphuric ether ? Ans. I did not ; I was entirely ignorant of the nature of the substance employed at that time, but I endeavored to satisfy my- self that it was a safe and, probably, an efficacious article. 18th. Was there, or not, some aromatic substance in the fluid used at the first operation, besides that of sulphuric ether ? Ans. There was, I examined the flagon after the first, or some ulterior operation, and could not discover, by the odor, what that substance was ; I suspected it to be morphine, and asked whether morphine was dissolved in the fluid. 19th. How soon after the first operation at the hospital was the meeting of the Thursday Evening Club at your house ? Whether on Thursday, the 22d of October, the first two operations being on the 16th, Friday, and the 17th, Saturday, of October ? Ans. The meeting of the club was on Tuesday, the 27th day of October ; this was the first meeting of the club, and the even- 311 ing of the week for the regular meeting of the club had not been agreed upon. 20th. Whether you remember that your note of October 28th was written the day after the meeting of the club at your house ? Ans. I should not have recollected it without seeing the note. 21st. Whether, or not. Dr. Jackson informed you, on this evening of October 27th, that he sent Dr. Morton to request you to use the nevv' means of preventing pain in a surgical operation ? Ans. Ke certainly did say that he advised Dr. Morton to apply to me to perform a surgical operation with his article, but whether it was on that evening or at a subsequent time, I cannot remem- ber. 22d. Whether, or not, on this evening of October 27th, Dr. ^^g^ Jackson, at your house, said, "I wish you would try the ether in a capital operation, such as an amputation ?" and whether, or not, you said, " there is to be another operation at the hospital, an amputation," and requested Dr. Jackson to come and admin- ister the ether himself, for you did not like to have such a quack- ish fellow as Morton about the hospital, or words to the same effect ? Ans. I don't recollect that I used language of that description, or that he did either at that time ; I don't recollect of anything of this kind being said. 23d. W^hether, or not, you have stated that this discovery orig- inated with Dr. Jackson ? (Objected to, as not inquired about in direct examination.) Ans. I don't recollect ever to have used precisely those words; I have said, whenever inquired of, that Dr. Jackson suggested the idea of giving ether as an anaesthetic, and that Dr. Morton first practised it. 24th. Whether, or not, you have stated that Dr. Jackson was the head and Dr. Morton the hand, m the introduction of thts discovery into surgical practice ? (Same objection as last.) Ans. I have sometimes used those words. 25th. Have you not introduced Dr. Jackson to distinguished gentlemen of science from abroad, as the discoverer of ether in surgical operations ? Ans. I think I have introduced Dr. Jackson to scientific gen- tlemen from abroad as the person who suggested the use of ether, but exactly the terms which I have employed in such case, I could not state. 26th. Are you, or not, aware that Dr. C. T. Jackson has This first always, smce liis first communication with you on the subject of ^^^^^^i^i- etherization, claimed the discovery as his own? ^n27tirOct Ans. Yes. See p. 305. 27th. Did you, or not, on the 27th of October, or after that, .^ay to Dr. Jackson, "I am glad to learn that this thing had a 312 scientific origin. I wonderad how such an ignorant person a« Morton got hold of a thing like this ;'' or words to the same effect ? Ans. I recollect distinctly having used the words contained in the first clause, but not the others ; that is, that I was glad to find that the discovery had a scientific origin. 28th. Vv^hether or not you addressed to Dr. Gay a note re- specting a sum of money which might be obtained on a combined' application of Dr. Jackson and Dr. Morton ? Is this the note referred to ? Ans. I did address such a note, and the note shown me is the one referred to. (A copy of this note is annexed by me marked B. J. P. P.) 29th. Have you, or not, Dr. Jackson's or Dr. Gay's reply to your proposal in this letter ? and if so, will you please annex them to this deposition, or a copy of them ? Ans. I am not aware that I have any such reply, but I will search for it, and if found, give a copy of it to be annexed. (The counsel for Dr. Morton objects to any answer from Dr. Gay being introduced in evidence. J, P. P.) 30th. Was, or not, the application for this money given up in consequence of Dr. Jackson's refusal to allow his name to be associated with that of Dr. Morton, in making a joint appli- cation ? Ans. It was. 31st. Has, or not, Dr. Jackson, on all proper occasions, stated and asserted his claims to the honor of the discovery of the eflfects. of ether in preventing pain in surgical operations ? * Ans. As far as I know, he has. 32d. Have you, or not, known the fact that Dr. Jackson him self always has regarded the discovery of anaesthesia by ether vapor as exclusively his own ? Ans. I have understood that he has. 33d. In the administration of ether, excluding the two occa- sions at the Bromfield House, will you please state on what occa- sions in your private practice. Dr. Morton has, in person, admin- istered the ether ? Ans. I think he did attend once or twice at private operations^ but I can't say positively that he^did. 84th. Whether or not the reply of Dr. Jackson to your note of October 28th, stated at length the nature of the liquid used at the first two operations at the hospital ; and that the substance was pure, rectified, sulphuric ether ? (Objected to, because there is no evidence of a reply. J. P. P.)' Ans. I have no recollection of a reply from Dr. Jackson at that time. 313 35th. Whether, at the operation at the Bromfield House, on the 21st of November, 1846, Dr. J. Mason Warren administered the ether himself to the patient ? Was Williston the patient's name? Ans. I have no recollection on either of those points. 36th. Wheth(r or not it was your tour of duty in attending at the hospital, when the first amputation was performed ? Whether or not this amputation was postponed from Saturday, October 31st, the appointed day, to November 7th ? Ans. My tour of duty extended to the 31st of October, inclu- sive, and terminated then. If the operation was done November 7th, it v/as not my tour of duty. I can't answer whether it was postponed. 37th. Whether or not you knew that Dr. Jackson, during the years of 1846 and 1847, was very much engaged with the United States survey, and that in field-work he was necessarily absent much of this time from Boston ? Ans. I recollect that he was absent from Boston, and engaged, as I understood, in a survey directed by the United States gov- ernment. 38th. Whether or not, at a meeting at Dr. Jackson's laboratory, on the 17th of November, 1846, when Dr. Ware, C. G. Loring, esq., and other gentlemen were present, you expressed your plea- sure that etherization had a scientific origin ? Ans. I have no distinct recollection of having at that time made use of the expression quoted, but I did use it at some period or other ; when, I cannot recollect. 39th. Whether or not you remember that you then expressed the opinion, that, in the course Dr. Jackson had pursued in rela- tion to the first experiment under the use of ether, in extracting a tooth, he had made himself responsible, if any unpleasant conse- quences to the patient which had resulted from it ? Objected to. Ans. No, I don't recollect it. cSH 40th. Whether, or not, on the evening at Dr. Jackson's labor- atory, Dr. Jackson stated that he thought that the responsibility of that first operation at the hospital rested upon you aad upon ^rj,^^^ gg_ himself? tion is di" Ans. I think it likely he might have said something of the kind, rected to but I have no distinct recollection of it. ^^* "^- ®^ *41st. Will you be kind enough to state the character of Pe- that Ferei- reira's Materia Medica. Whether it is a chemist's or physician's ra had book? printed, in Ans. It is a good many years since I noti(;ed the book. I sug^stion knew it was regarded as a valuable book at the time of its publi- which Dr. cation ; but exactly its character I don't remember. I should Jackson think it was rather a physician's than a chemist's book. have^^origl^ nated. 314 42d. Whether or not freedom from acids and alcohol in the ether, and a due admixture of atmospheric air in its exhalation, are the essential conditions of its safety and success when admin- istered ? Ans. They are. 43d. Whether or not, in administering ether from a sponge, there is not a greater likelihood that the patient will receive a due share of atmospheric air, than when inhalers are used ? Ans. There is, I think. 44th. In what, besides this last advantage of the sponge over the inhaler, is any preference for the sponge based ? Ans. The sponge is much more convenient to the surgeon and to the patient. 45th. "Whether or not, on the second of January, 1847, or at some time. Dr. Jackson, at your instance, brought two bags full of oxygen to the hospital ? Ans. I have a perfect recollection of Dr. Jackson's bringing the bags of oxygen to the hospital. I think it likely that he might have done it at my request, but cannot positively assert the latter, I csnnot expect to recollect circumstances of this nature, at this distance of time, v>-ithout having had any paticular reason to note them when they occurred. 46th. Whether or not you remember that this was dene by Dr. Jackson in consequence of the suggestion that etherization pro- duced, or was in itself, partial asphyxia ? Ans. I think that was the fact. 47th. Whether or not the valve admitting atmospheric air, or some one of the valves of the inhalers, used at the hospital, was closed by means of a steel spring, so that a probe was sometimes used to raise it and to keep it open ? Ans. I have no recollection of this circumstance, but think it very likely to be true. 48th. Whether you remember that what is stated in answer to the 42d interrogatory, as said by Dr. Jackson about the "^ whole responsibility" of some surgical operation under the influence of ether, was said by him at some interview after the meeting of the club at your house on the 27th of October ? Ans. I do not remember. I cannot tell whether it was at that meeting or after. 49th. Will you please state any circumstances of Dr. Jackson's first conversation with vou at the meeting at your house of the club ? Ans. On hearing Dr. Jackson's remarks in reply to my ques- Thisis a^ion, I was greatly influenced in giving them full credit, by the cnrioTis appearance of total indifl'erence in his manner, whether we did commenta- qj. ^[^ ^qj- g^yg credence to his statement. Sckion's^' 50th. Has it not been very frequently observed that, in dental credibility, and surgical operations on etherized patients, after total uncon- 315 sciousness has passed away, there is a period of consciousness while there is no sense of pain ? Ans. Yes, that is now an established fact. At first it was not understood. It was thought, when those appearances of con- sciousness exhibited themselves, that etherization had partially- failed ; but, now that the subject is better understood, we, in a great number of cases, try to produce that state of semi- conscious- ness when the patient appears to be awake and sensitive, and yet experiences no pain. 51st. Whether or not, in etherized patients, the spinal marrow is acted upon by the etherized blood, in the inhalation of ether, and thus insensibility to pain is produced ? Ans. There are different theories on the manner in which insen- sibility is produced. I think it likely to arise from the brain and spinal marrow being supplied with unoxygenated blood, which does not nourish it, nor support its natural function. 52d. Is not the effect of etherized blood first upon the spinal marrow and medulla oblongata, before the cerebrum is affected ? Ans. I suppose they may be affected simultaneously, the circu- lation reaching them at about the same period of time ; but they may not be affected in the same degree at first. 53d. Whether or not this letter is one addressed by you to Dr. Jackson, of October 21st, 1848 ; if so will you annex a copy ? Ans. It is. {A copy is annexed, marked C. J. P. P.) 54th. Whether or not letters to you, an reference to the subject of etherization, from Dr. Jackson, if any, may hav® been lent to those parties, or any of them, w^ho have written pamphlets on the matter of sulphuric ether, or its discovery, and so have been lost ? Ans. I never lent one of Dr. Jackson's letters to any person. 55th. Whether or not any person can be the author of a dis- covery in the inductive sciences, unless he either originates some new idea, or devises the means of establishing the truth of a con- jecture, whether more or less probable, previously brought to view by another person ? Ans. So far as I am able to answer that question, I should reply in the negative. 56th. If there is any other matter within your knowledge, con- nected with the subject of etherization and its early history, not previously stated, will you please to state the same '? Ans. I don't recollect anything else of sufficient importance to be stated. Direct resumed by Mr. Dana, 1st. In answer to the 50th cross interrogatory, you say that consciousness sometimes returns before insensibility ceases. Do you mean that a state of intelligent use of reasoning powers exists, 316 -while the patient is totally insensible ? Is not the brain more or less affected still ? Ans. The brain is partially affected, but the patient is able to speak and to reason, in some measure, but does not experience pain. The sentiment of pain and the power of reflection in reas- oning, are dependent on different parts of the nervous system, of course the affecting of the one does not neccessariiy involve the affecting of the other. I will mention a case. Two weeks since I removed a tumor from the shoulder of a lady — she was etheriz- ed, and for one moment seemed to be in a state of unconscious- ness, then awoke, talked very pleasantly during the rest of the operation three or four minutes, and when it was concluded, she had had a delightful visit to her friends, and of course had exper- ienced no pain. 2d. Had she the perfect use of her intellectual powers ? Was she in a sane state ? Was she fully conscious ? Ans. I would not say she had the perfect use of her intellectual powers, but she talked in a rational way, whether she could have rationally answered a question proposed, I would not aver. I should say she was in a sane state. She was fully conscious to external objects. She saw and heard. This patient was entirely aware of the operation being done at the time. She expressed that distinctly, and that I have witnessed in other cases. 3d. Did you inquire of her afterwards, as to her state of mind? Ans. I did, and she said she had had a very pleasant visit to her friends. I afterwards asked whether she was conscious of the operation, and she said she was. It was amusing to me to see her, from whom the blood was streaming, smile, and say she had no pain, and yet knew of the operation. Dr. Mason Warren and two others were present. 4th. Have you acquainted yourself w4th the testimony of wit- nesses in this case, other than the claimants themselves, tending to show whether or not Dr. Morton was experimenting as to ether as an anaesthetic agent before he saw Dr. Jackson, and as to the extent of Dr. Jackson's knowledge of the anaesthetic pow- ers of ether ? (Objected to as immaterial as to what the witness has acquaint- ed himself with, as to the testimony. J. P. P.) Ans. I have not acquainted myself with any facts bearing upon the question, beyond what I have already stated. I have always avoided taking a part in the controvers}^, so far as I was allowed to do so, and never have read any of the documents on the sub- ject, to my reccollection. 5th. If you have treated Dr. Jackson as the person who first suggested the use of ether to Dr. Morton, have you or not been governed by faith in his own statements ? ; Ans. I have been governed by the general statement which he made to me at first, and of which I have given an account. 317 6th. Have you any other means of knowing what Dr. Jackson did in fact suggest to Dr. Morton, on what, or what his knowledge was at the time, than from Dr. Jackson's statements ? Ans. No other. 7th. Did the patients at the hospital suffer from asphyxia while you used the inhalers ? Ans. Some of the earlier patients at the hospital were asphyx- iated to a degree that was alarming ; and I think under these in- halers, but am not certain. 8th. Did you use the oxygen gas that Dr. Jackson brought? Ans. We had no occasion to at the time they were brought. We frequently wished for them afterwards, and would have ap- plied them had they been present. 9th. Did Dr. Jackson, at the interview at your house, claim any- thing more than you have already stated ? Ans. I can't recollect anything more. 10th. If you had simply seen a tooth extracted without an ap- pearance of pain, should you have inferred with certainty that entire insensibility, as well as unconciousness, would be produced sufficient ? Ans. I think I should. 11th. Do you mean to cover, by the 31st cross-interrogatory, instances prior to his first conversation with you ? Ans. I know of no cases prior to the one which was the sub- ject of our conversation here. I don't mean to apply it to any cases before that time, either one way or the other. 12th. Do you mean to apply your answer to the 32d cross- interrogatory to times prior to the conversation at your house ? Ans. I have no knowledge of anything on the subject prior to the conversation alluded to. 13th. Will you annex a copy of the letter of Dr. Jackson to observe you, of November 23, 1847 ? this : Why Ans. I should not feel justified in doing it w^ithout the consent should Dr. of Dr. Jackson or his attorney. If they consent, I have no objec- counsel af- tion. ter inspect- JOHN C. WARREN. ingliislet. ters, refuse The letter referred to in the last answer of this deponent was to be pro- handed to Dr. Jackson's counsel, who, after consultation with Dr. duced ? Jackson, stated that Dr. Jackson was unwilling to have it an- ^^uld 1?^ nexed, because he says that the first four lines of the letter have Wanen re- been so marked out that they cannot be read ; and because he is quire his unwilling to have one of his letters to Dr. Warren produced ^°°l^°* *2 without the production of all his letters to Dr. Warren upon that If it doe« subject. not contain J. P. PUTNAM. evidence against him? 318 Paek Street, October 28. Dear Sir : I had the pleasure to call on you to day to con- verse on the subject of the gas. I am very anxious to find a mode of mitigating the sufferings of patients under surgical ope- rations. If you can, without impropriety, give me a practical account of the apparatus and the substance employed, or purchase for the hospital this apparatus, it v/ould be a real blessing to hu- manity, and a favor to your friend and servant, J. C. WARREN. The foregoing is a copy of the letter referred to by the depo- nent, John C. Warren, in his answer to the 7th cross-interroga- tory, as annexed and marked A. J. P. PUTNAM. B. June 10, 1847. Dear Sir : A friend of mine, from London, informs me that a large sum of money might be obtained, on a combined applica- tion of Drs. Jackson and Morton ; but by either, separately. I could give, at this moment, essential aid to such an application. If Dr. Jackson agrees, I am willing to make the proposal to Dr. Morton, and remain your friend and servant, J. C. WARREN. The foregoing is the copy of the letter referred to by the said deponent, in his ansv/er to 28th cross-interrogatory, as annexed and marked B. J. P. PUTNAM. C. Boston, Odoher 21, 1848. Dear Sir : In reply to your note of this morning respecting my subscription of ten dollars, for the benefit of Dr. Morton, I beg leave to refer you to the captions of the subscription paper ; by which you will perceive that my subscription, like the others, was intended to relieve Dr. Morton from pecuniary embarrass- ment, and not for any other purpose, so far as I recollect. I remain yours, with respect, J. C. WARREN. Dr. C. T. Jackson. 319 The foregoing is the copy of the letter referred to by the said deponent, in his answer to 58d cross-interrogatory, as annexed and marked C. J. P. PUTNAM. Commonwealth of Massachusetts, ) Suffolk county, ] We hereby certify that the foregoing is a true copy of the de- position in perpetuam of John C. Warren, taken before us, upon the petition of William T. G. Morton, under the statutes of this Commonw^ealth. GEO. T. CURTIS, J. P. PUTNAM. Two Justices of the Peace and Counsellors at Law, Boston, December 16, 1852. Deposition of Dr. Bigelow, a distinguished surgeon and scieu" tific man. I, Henry J. Bigelow, of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, physician, of lawful age, being first duly sworn, depose and say, in answer to interrogatories by R. H. Dana, jr., esq., counsel for Dr. William T. G. Morton. 1st. Are you, and how long have you been, a surgeon of the Massachusetts General Hospital ? Ans. I am, and have been for six or seven years. 2d. At what college were you educated ? Where did you study your profession? Ans. I was educated at Harvard University, and studied my profession in Boston and in Europe. 3d. Of what scientific societies are you a member? Aris. Of the American Academy of Arts and Sciences; the Boston Society for Medical Improvement ; an honorary member of the Anatomical Society of Paris ; corresponding member of the Biological Society of Paris, and some others. 4th. Are you, and how long have you been, a professor in the Medical College of Harvard University ? Ans. I am professor of Surgery in the Massachusetts Medical College, and have been for the past four years. 5th. How long, and how intimately, have you known Dr. Chas. T. Jackson? How as to Dr. Morton? Ans. I have known Dr. Jackson ten or more years, not inti* , mately. I have known Dr. Morton since the ether discovery — relaion^to about six years — not intimately. the parties 320 6th. Please to state, in order, your first laiowledge of the ether discovery, and the experiments thereupon. Ans. I think my first knowledge of the ether discovery was at the first operation at the hospital. The ether was then adminis- tered by Dr. Morton. The next day there was another operation at the hospital, where the ether was administered by Dr. Morton. At the time of the first experiment, Dr. Morton arrived rather late. Dr. Warren was to operate upon a mass of veins about the ramus of the jaw, or about the jaw-bone. As I remember them, they were of the size of a large horse-chestnut. During the ope- ■^.""^^P®" ration, which should not be considered a very painful one, the patient stirred and groaned, as in a more than half unconscious state. When he came to, he said he had felt as if he had been scratched with a hoe. The new method had plainly stupefied him. This was also the general impression among those who witnessed the operation. I was attending to the experiment, and do not remember what remarks v/ere made. The next day a Second fatty tumor was removed by Dr. Hayward from the shoulder and operation, arm of a woman. The cut was a long one. Dr. Morton had ad- ministered to her his preparation, and she was sound asleep. I was herti perfectly satisfied that there was no deception ; that there was no imagination at work ; but that something had set the woman asleep, so that she did not feel the pain. I do not re- member what expressions the woman afterwards used to describe her feelings, but this vras the conviction which I retained. The Consecu- jiext experiments I saw, -were at Dr. Morton's rooms, I believe. meiS^^^'^ became much interested in this matter, and induced Dr. Gould to obtain from Dr. Morton permission to examine the condition of pa- tients who vv^ere etherized at Dr. Morton's rooms. I was present at a number of these consecutive experiments, and made a detailed record of the phenomena presented by patients who had teeth extracted. Not far from this time, also, occurred an operation upon a patient of Dr. Dix. When the ether w^as administered by a person said to be in the employ of Dr. Morton, and to such an extent that the patient was not only insensible during about a half an hour, but came near dying, and I think -would have done so, had I not stopped the administration of ether, when I found the pulse, which I happened to be holding, very small. Active meas- ures were taken for the resuscitation of the patient, and, after awhile, the pulse came up. These experiments at Dr. Morton's rooms, and upon Dr. Dix's patient, were all before the amputation Record ^^ ^j^g hospital. I will annex a copy of the record which I made of the experiments at Dr. Morton's rooms, and make it a part of this my answer. (This copy is annexed, marked A, J. P. P.) I now come to the amputation of the seventh of November, iion Not! eighteen hundred and forty -six, performed by Dr. Hayward at the: Tih 1846. * Massachusetts General Hospital. The first operation, the report of 321 which would be calculated to carry with it to the scientific world at large, unequivocal conviction, however much those who were intimately cognizant of the preceding circumstances might have been convinced by them. I had heard that the amputation was to be performed ; that there had been some questions about ad- ministering the ether, and that, in connection with this, Dr. Morton had written to Dr. Warren to make a formal statement that ether was the agent employed by him. For, although most of us knew what this agent was, no formal announcement of it had been made. I learned from Dr. Morton and from Dr. Gould that the ether would probably not be administered in this case, and I made an arrangement with Dr. Morton to take him to the hospital just before the hour of the operation, telling him that I would do every thing in my power to induce the surgeons then in service there to "use the ether in that operation. I called for him in my chaise, and took him with his inhaler to the hospital. Leaving him in the small room adjoining the apothecary's shop, I sought an inter- view with the surgeons, whom I found decided not to use the ether, their objection being something connected with the professional eti- Profes- quette of this community. Such objections lay at that time against ^^^^^}- ©ti- both the patent right connected with the ether, and the conceal- ^^® ^* ment, in part, of its character. I returned to Dr. Morton, and told him that I should still urge its use, but, at the same time, told him not to be disappointed if I failed. I again returned to my colleagues, whom I found assembled in the operating theatre, and conversing chiefly with Dr. Hayward and Dr. Warren, men- tioned, among other things, that this was a question not of professional etiquette, but of humanity. In reply to the objection that the new agent was still secret, I remarked to Dr. Warren that I believed that Dr. Morton had furnished to him a letter announc- ing what this agent was. Dr. Warren then took from his pocket a letter which, if I remember right, he read in part to the class and to those standing near. This letter was then made a turning point in their decision, and the surgeons interested immediately in the patient now agreed that ether should be administered to her. I went down stairs, brought up Dr. Morton, and the patient was successfully etherized. In pursuance of the intention that this patient was to undergo the operation without ether, one hundred drops of laudanum had been administered to her about an hour be- fore. It is, perhaps, needless to add, that the patient exhibited no indication of pain during the incisions, unless, perhaps, a little muscular effort which she did not afterwards remember. After these earlier experiments, it so happened that, for a time, I ad- ministered the ether myself to most of the patients operated upon at the hospital. 7th. As to the experiment at Dr. Morton's room, how did Dr. Morton conduct them as to skill, care and success? 21 ^ 322 Dr. Mor- Ans. In a methodical, slraiffht-forward, routine manner, and If'^d.SnS successfully. tering the ith. Was Dr. Jackson present at any of these experiments at etfeer. the hospital which you have detailed ? ne/e?' p'rT ^^- ^^^ ^^ ^^^ knowledge. sent. 9th. Did you ever know of Dr. Jackson's administering ether (Note. It to any person, under a dental or surgical operation? does not j^^^^ -^^^ he has erer 10th. At the time of the first experiments at the hospital, did administer- you know or believe, or suspect that Dr. Jackson had any con- ed it in ajjgxion with the discovery or use of etherization? (Obiected to single case) ^^ r • - \ TT>-n No allusion as matter of opmion.) J. P. P. to him at Ans. No. the hospi- Hth. At the conference among the surgeons at the hospital, aid derived j^st before the first amputation under ether, which you have from his referred to, was any allusion made by any of the surgeons to name. Dr. Jackson ? Ans. Not that I remember. 12th. So far as your knowledge is concerned, were any of the experiments at the hospital performed at the request of Dr^ Jackson ? Ans. No. 13th. Was it stated, or so far as you know, understood at the time by or among the surgeons, that the experiments were per- formed, or any of them at Dr. Jackson's request or instigation ? (Objected to as the witness's understanding. J. P. P.) Ans. Not to my know^ledge. 14th. What is your experience as to the value of nitrous oxide as an anaesthetic agent ? Nitrous ^j^g^ Administered from a bag of about the size usually em- ployed for its administration under the name of exhiliratmg gas, I should think it altogether inadequate to produce either a certain insensibility, or one that was available for surgical purposes, ex- ^-2?* ^^Pt by inducing asphyxia, which is dangerous, and which is no ^^^^ part of proper aneesthesia. It is a gas and must be inhaled by some cavity which contains it. The difficulty in the way of suc- cess when nitrous oxide is inhaled from the usual bag, is, that the supply of oxygen which it contains is soon exhausted, while the bag becomes filled with the noxious inhalations of the lungs. In breathing ether, a fresh supply of vapor, well mixed with atmos- pheric air, is taken into the Irmgs at every breath, while what is breathed out of the lungs, escapes into the apartment as waste. To give nitrous oxide an equal chance of showing what it can do, a fresh supply should be breathed at each inspiration from a large receptacle ; and at each expiration this also should be thrown off as waste, instead of being breathed back into the bag as is usually dcaie. I performed this experiment once by means of valves attached to a tube connected with a very large metal gas-holder, but the cumbrous character of the arrangement, and some other circumstances, induced me then to abandon it. I shoujd add, that I removed a breast from the woman who was then under its influence, and without her knowledge, but that she exhibited indications of partial asphyxia, which resulted either from the gas, or from the size of the tube from which it was in- haled. The gas-holder in this case consisted of two upright cylinders, side by side, as I remember them, eighteen or twenty inches in diameter, and somewhat less than five feet high. 15th. Is nitrous oxide used at the hospital or elsewhere in sur- gical cases, to your knowledge ? Ans. No. 16th. From your experience and observation, what is its value as an anaesthetic agent ? Ans. Nothing great. I am not aware that it is ever used. <^^ 17th. Why do you say this ? On what do you found your opinion ? Aus. An obvious an insuperable objection to it, is its bulk and the difficulty of its transportation. If it were compact, I do not ^^ know of any conclusive evidence that it is a universal and efficient ^^^ agent. 18th. Is nitrous oxide ever, to your knowledge, used in obste- tric cases ? What is its value in such cases ? Ans. It is never nsed in such cases. I do not think that any body knows that it has any value in such cases. 19th. Can it be kept long on hand, or must it be prepared specially in each case. Ans. I am not aware that it deteriorates by keeping. 20th. Do you or not consider it an established fact in science that nitrous oxide will safely produce entire insensibility under «S^ surgical operatic^is ? Ans. I do not. 21st. Please to state more fully the circumstances attending^ the first ether experiment at the hospital. " •t^i^ Ans. The operation, as I remember it, was for the removal or cure of a mass of tortuous veins, being in the neighborhood of the point where the facial vein crosses the ramus of the jaw, or a little anterior to this. The disease would be, by some surgeons, called varix, yet it is.not precisely that disease. The vems seeming to become locally and spontaneously enlarged and rolled together like a bundle of earth worms. The patient was etherized by an inhaler. 22d. Do you usually ask a patient under etherization v^^hether he is now insensible to pain, or do you judge for yourself? Ans. I judge for myself. 23d. In your experience, does unconsciousness usually or al- ways attend, precede, or follow insensibilitv, or how otherwise? 324 Ans. It usually attends it. A partial unconsciousness or intel- lectual bewilderment usually preceding it. 24th. From your experience, what is your opinion as to the Compare patient^s possession of his intellectual faculties during: the effect son's pre- Ans. He generally loses them during an effect of ether adequate tence that to surgical purposes, and I will add that I should never begin a he was con- g^^gjj^j operation, which approached an average degree of seve- re had be- I'ity, until the patient was intellectually, as well as physically un- come in- conscious. ^^Tth^^tVi 2oth. Do you or not know of any case in which a party suffi- insensibili- ciently under the effect of ether to be operated upon, had the fair ty was of a possession of his faculties, so as to observe his own sensations ? peculiar j^r^s. I don't know of any such case, nor do I know of any case kind. See ■, ... • -Yi . .i - r • i down to'^'^'^^^^ ^ patient was insensible to the pain ot an average surgical 29th, and operation, while his intellectual faculties were uftimpaired at the Dr. Jack- time. menttoDr' 26th. Suppose a person should privately inhale ether to the Gay. See extent of unconsciousness, could he judge or infer with any and also Dr. what certainty, from such observation as he could give to his own p 359 sensations, at any stage before or after unconsciousness, that he would be insensible under a surgical operation ? Ans. I do not see how he could make such inference with a certainty which would have any sort of value in the eyes of men of science, under the circumstances described, or, in fact, until the experiment had been tried, unless, indeed, he should perform some surgical operation upon himself. 27th. At what stage of the experiment could he perform suci an operation upon himself ? Ans. I can't say. 2Sth. Do you or not consider it possible for a person to prove total insensibility under etherization by an experiment on himself? If not, why not ? x4ns. I do not consider it possible, because physical insensibility to pain is, under such circumstances, usually accompanied by a state of the intellect which impairs the powers both of observation and reasoning, and also because, to the best of my present knowl- edge, insensibility to the pnin of a wound large enough or severe enough to settle this question in a conclusive way, is always at- tended with great intellectual bewilderment or stupidit)'-, such as would render correct observation or inference impossible. 29th. Do you or not consider it possible to infer insensibility to a surgical operation by inductions from any known properties of ether short of such an actual experiment ? Ans. An inference like that described would have no value with scientific men. 30th. Do you know of any cases where asphyxia was produced 325 in the hospital ? Hoav before, and how since, inhalers were aban- doned ? Ans. Not complete asphyxia. Partial asph3^xia, varying in degree, is not uncommon. Inhalers were abandoned not many months after the first experiment, and a sponge used in their stead. I am unaWe to say that there was more asphyxia before inhalers were abandoned than there is now. 31st. Was there any period at which asphyxia at once ceased ? Ans. No. 32d. Has the asphyxia which has occurred any, and what con- nexion with the use of valves in the apparatus, or of inhalers in any form ? Ans. If a valve should get stiff, and fail to do its duty, so as to shut out air, it would then, and I dare say it has, been the cause of producing partial asphyxia. An inhaler might be made with improper or inefScient valves. The apertures in these valves might be smaller than the aperture in the larynx. In the inhalers used at the hospital, which, as far as I know, were made upon the same model, the valves were properly arranged, and their aper- tures were large enough to prevent any asphyxia, as far as they were concerned. The experiments have never been made at the hospital, except with inhalers with ample provision made for the introduction of atmospheric air ; [but in France the eariy experi- ments were made with shut cavities or close bags, into and out of which the patients w^ere made to breathe. Asphyxia was then very common for want of pure air.] (Objection to the part in brackets : objected to as hearsay.) J. P. P. 33d. Please read the following statement by Dr. C. T. Jackson. " The cause of asphyxia, so commonly produced in the early ad- ministration of ether at the Massachusetts General Hospital, I traced directly to^the use of those valved inhalers. In the weak- ened state of respiratory action, under anaesthetic agents, the valves are not raised in attempts to breathe, and the patient is drowned by the pure ether or chloroform vapor. On the removal of the valve by my directions, asphyxia at once ceased to occur at the hospital, and I had no occasion to employ the oxygen gas to re- vive the patients, as I was requested to do by one of the eminent surgeons of that institution, for no asphyxia happened after my advice was followed to throw aside the inhalers and use a sponge." What observations have you to make thereupon ? Ans. I should say first, that I don't think there was more as- phyxia in the early administration of ether than there is now, and if so, it would be unnecessary to look for its existence to the valved inhalers. As to the second period to the above para- graph, I should say that, if respiration is too weak to raise the valves, the patient would get neither air nor ether, and conse- quently could not be drowned by the vapor of the latter: or, if 326 the atmospheric valve were closed alone, I think the ,ether would hardly evaporate fast enough from the then close cavity to fill the lungs. There was no period at which asphyxia at once ceased to occur at the hospital. I think this alleged asphyxia had little or no connexion with any valves. I don't know that any valves were suppressed, nor that Dr. Jackson suppressed them. The degree of asphyxia which was then, and is still, common enough, ^S^ was then dependent upon the same causes which sometimes pro- duce it now, and is not very important, except as showing that the patient wants more air. When Dr. Jackson brought oxygen gas to the hospital, it was not used, nor has it been, to my know- SJS^ ledge, anywhere since used in this connexion. A good deal of asphyxia may be produced by keeping a sponge well filled with ether close to the patient's face. This often happens, but I think it is more commonly attributable to the patient's refusing to breathe, or to a spasm about the glottis, or fauces, which not un- frequently happens, together with a forcible closure of the lips, I do not know who requested Dr. Jackson to employ oxygen gas, as stated by him, or that any one requested him to do so. I know of no advice given by Dr. Jackson with respect to throwing aside inhalers and using a sponge. 34th. Did Dr. Jackson ever, to yonr knowledge, directly or in- directly, superintend or give directions concerning, or make him- self in any way responsible for inhalation of ether at the hospital ? Ans. No. 3oth. Excepting in the instance of Dr. Jackson's bringing oxy- gen to the hospital, did he, to your knowledge, do any act con- ^^:s necting himself with the experiments there made? Ans. Not to my knowledge. 36th. When was it that he brought the oxygen there ? Ans. I believe it was the 2d of January, 1847. 37th. What, in your judgment, is the gist of the discovery con- cerning the anaesthetic effects of ether ? Ans. The discovery that ether vapor is capable, when inhaled, of producing complete insensibility to the most excruciating pain of surgical operations, with perfect certainty, and with safety to the patient. 38th. Before this discovery, had or not the idea been prevalent among scientific men, that some effects more or less valuable in the way of unconsciousness or insensibility mi^ht be produced to a greater or less degree, with more or less certainty, by the use of gases or vapors ? Ans. The idea had prevailed. 39th. Was it or not known that stupefaction, and more or less unconsciousness or insensibility, was produced by liquors or drugs, under the effects of which some operations could be performed ? Ans. It was. A man dead drunk may have his leg amputated without feeling it, and recover perfectly. 327 40th. Was it or not known that ether was an antidote to chlo- rine gas ? Ans. Such a statement will be found, I believe, in '^Pereira's Materia Medica," a work of high reputation. 41st. Did any change take place in surgical operations, to your knowledge, in consequence of any experiments in nitrous oxide gas, and before the experiments in ether, in October, 1846 ? Ans. No. 42d. Independent of, and before an actual experiment by a sur- gical or dental operation, or with some instrument cutting the skin, should you, in the state of science then, consider a suggestion that ether inhaled might produce insensibility to be a discovery ? Ans. No. 4od. Did any controversy arise on the first introduction o^J^*J?*^*** etherization ? What was done for or against it ? What part did conduct Dr. Morton, and to what extent ? with Jack- Ans. There was a very great difference of opinion — first, as re- 3<^^'^- gards its safety. Many people maintained that it was dangerous. Some eminent surgeons have pertenaciously, and in the most sur- prising manner, adhered to this opinion to the present day, object- ing to its use. At an early period, certain religious grounds were urged against its adoption. Dr. Morton, as far as I know, uni- formly and and perseveringly urged it upon the medical profession and upon the world. 44th. What part did Dr. Jackson take during this doubtful and controverted state of the discovery, as you have stated ? Ans. I do not know. 45th. Do you know of any public part he took in its favor ^^^m during the first two or three months ? Ans. No, I remember none. Cros Interrogatories by A. Jackson, jr., esq., counsel for Dr. Charles T. Jackson. 1st. Will you please state what, before September, 1846, was generally known, accepted and believe in the medical profession as to the medical properties, effects and uses of sulphuric ether ? Ans. Administered internally, it was supposed to possess an anti-spasmodic and calming effect. Breathed in a weak dose, it was supposed to allay the severity of some symptoms. It was stated by Pereira, in his Materia Medica, edition 1839, Part I, that " the vapor of ether is inhaled in spasmodic asthma, chronic catarrh and dyspepsia, hooping cough, and to relieve the effects caused by the accidental inhalation of chlorine gas," p. 211. Farther statements of Pereira upon this point I will furnish and annex. (A copy of this statement is annexed by me marked B. J. P. P.) Breathed in a larger dose, it was known to produce an exhilarating effect, like that produced by nitrous oxide. In a 328 still larger dose, it was known to have produced, in a few caseSy dangerous symptoms and death. The experiments of Sir Benjamin Erodie, who found that it put guinea pigs to sleep and then killed them, led him to doubt its safety. A medical gentleman informed me that he once breathed it for exhilarating purposes, and became insensible. My impression is, that it would not be difficult to find other similar cases. 2d. Will you please state when you yourself first knew or saw the statement in Pereira ? Ans. Subsequently to the discovery of ether ; the precise period I cannot say. I should say it was certainly some weeks after. 3d. Will you please state at what time the gentleman referred to in answ^er to 1st cross interrogatory, spoke with you of breath- ing and becoming insensible ? Ans. Subsequently to the discovery of ether, aiid not a great while after. I mean the discovery of ether inhalation. 4th. Before September, 1846, whether or not, if any, you had given much attention to the subject of preventing or mitigating pain in surgical operations ? Ans. Every surgeon is desirous of giving his patient as little pain as possible. Farther than this, I had given no special atten- tion to the subject. 0th. You state in answer to 6th interrogatory that your first knowledge of the ether discovery was at the first operation at the hospital : Had you not previously known or heard of the dis- covery ? Ans. I believe not. 6th. Had you not previously witnessed any painless operations at Dr. Morton's office, under the influence of ether? Ans. No. 7th. When did you first learn that the agent employed by Dr» Morton was nothing but pure sulphuric ether ? Ans. In the course of a few days after the first experiments at the hospital, and alter I had made, in the interval, quite a number of experiments with various agents to discover what he used. In fact, I had time to send to Philadelphia, and to procure there a quantity of oil of Avine, with which I experimented before I knew that ether alone was employed. I can't assign the precise time when this was. I should say a week after the first experiment at the hospital. 8th. Will you please state what, and how many experiments, and with what agents your experiments referred to in answer to 7th cross interrogatory were made, and the success or resuJts of them ? Ans. Sulphuric ether, oil of wine, chloric ether, alcohol, cold and warm, I remember. On several different days, administering these preparations by inhalation to Mr. Dalton, then house sur- geon at the hospital and others, and using a two-necked glas 329 bottle, to one orifice of which was attached a large tin tube pro- vided with valves of leather. The length and material of this tube condensed the vapor, and caused, I think, the failure of the experiment when sulphuric ether was employed. The patient was tranquilized and lost inclination to speak or move in some of the experiments ; in others he became excited. 9th. Did you conduct these experiments alone, or with whose aid, if the aid of any one, or in connexion with whom, if any one Ans. I conducted them alone. 10th. Whether or not Dr. Gay had any connexion with these experiments you made? Ans. Not that I remember. I knew Dr. Gay well, and might have conversed with him upon the subject. He certainly had nothing to do with conducting the experiments. 11th. What, at the first experiments at the hospital was the agent inhaled called, or how spoken of? Ans. A compound, I think. 12th. You spoke in answer to 6th interrogatory, of inducing Dr. Gould to obtain from Dr. Morton permission to examine the condition of patients who were etherized at his rooms; — w^hy did you go to Dr. Gould? why induce him? Ans. Because I did not know Dr. Morton, and I did know Dr. Gould. I also knew him to have relations with Dr. Morton. 13th. What were these relations last referred to? Ans. My impression is, that Dr. Morton boarded at Dr. Gould's house ; also, that they had communicated with each other in re- lation to ether, and that the inhaler used by Dr. Morton was contrived in part by Dr. Gould. 14th. Can you state how long Dr. Morton had, at the time you inquired of Dr. Gould, boarded at Dr. Gould's, or about how long? Ans. No. 15th, What was the number of the experiments you witnessed in Dr. Morton's rooms, as referred to in answer to 6th interroga- tory? Ans. At least four, possibly more. 16th. How many have you recorded, or made minutes of? Ans. The four to which 1 allude. 17th. Please state fully your position in respect to the ether discovery ; — what you have written, published, or done, respect- > ing it? Ans. I took an early and active interest in it, and did what I could to promote its use. I wrote a paper upon the subject, <:^^ which happened to be the first detailed statement ©f the dis- covery. This was published in the Boston Medical and Surgical Journal, November 18th, 1846, having been previously read in part before the American Academy of Arts and Sciences, on the 330 3d of said November, and before the Boston Society of Medical Improvement on the 9th of said November. This paper contained an account of the new facts and the effects of ether inhalation, and connected with the discovery the names of Dr. Charles T. Jackson and of Dr. Morton, in stating that they appeared in the patent. The announcement of so startling a discovery incurred ^^» some ridicule in the journals of the day. The mention of the patent was a cause of remarks in print, to which, on one occa- sion, I replied in the same journal soon after, under date of I continued to do what little I was able to promote the use of ether, and have always done so. I was called upon in 1847, by the surgical committee of the American Medical Asso- ciation, to furnish an account of the method of administration, and the physiological effects of ancesthetic- agents, and did so, in an article afterward published in the transactions of that body. Soon after the discovery of ether inhalation, it was evident that the two parties, w^hose names appeared in the patent, entertained difference of opinion with regard to their respective claims to the discovery. In 1848, I published in the Boston Medical and Sur- m^> gical Journal, an article, in which I endeavored to discuss impar- tially the abstract question of discovery, and of claims to discovery, citing various precedents. The part of the article devoted to thi^ subject occupies about a dozen pages, and the application of its conclusions to the ether discovery is confined to a single con- cluding page. The first part of this article contained, also, some general account of the history and progress of ether inhalation. Having been led to a conclusion, based in a great measure upon precedent, and also upon a consideration of the abstract question, that Dr. Morton was in this case the discoverer, I subsequently >g^2?:» addressed a short note to Mr. Winthrop, at Washington, enume- rating the principal facts in evidence upon the subject of this discovery. Again, at a still later date, having received from Dr. Morton a copy of some statements furnished by Dr. Charles T. Jackson to the chairman of a committee of Congress, at Wash- ington, which contained an extract from a letter addressed by him to Baron Humboldt, and which I deemed incorrect, I replied to them in a letter, addressed to the Hon. George T. Davis, dated February 5th, 1852, and printed in the report of the committee of the 32d Congress, 1st session, page 67. 18th. Whether or not, you wrote letters, or forwarded pam- phlets to Europe, which related to the ether discovery ? Ans. The first article alluded to was sent either by myself or Dr. Jacob Bigelow, to Dr. Boott, of London, and was widely re- ^,^2^ published in whole or in part. At a subsequent time, while '^^^' travelling in Europe, I gave to my medical friends some copies of the other articles alluded to. I don't remember to have written a letter to Europe on the subject. 331 19th. Whether any of the papers referred to bj you in answer to the 17th cross interrogatory, were printed in a separate pam- phlet, without the other contents of the November number of the Boston Medical and Surgical Journal? If any, what? Ans. The paper alluded to as a discussion of the question of discovery was so bound up. That is the only one. 20th. Whether many copies of the article referred to in answo- to the 18th cross interrogatory were sent to Europe? Ans. First and last, a dozen or more, as I remember, including those which I gave to my friends as above-mentioned. Among them, a few of them were distributed in Paris by myself; one or two, perhaps, by others; I do not think more. 21st. How soon after the appearance in print of the article published November 18, and referred to in answer to 18th cross interrogatory, were numbers sent to England ? About how many ? and were any then sent to France ? Ans. I cannot say how soon after they were sent to England ; I know of but one which was sent. None were sent to France by myself or any one that I know" of. My impression is, that Dr. Fisher sent one to his nephew. 22d. Whether or not the receipt of the article of November 18 in England was the first of the announcement of the ether discovery there ? Ans. I believe it w^as. 23d. Was that, or information from that article, the first an- nouncement of it in France ? Ans. Here again I give my impression that it introduced the subject to the notice of Velpeau through Dr. Fisher, jr. Velpeau refused to entertain the subject, which escaped notice at that time, and until subsequently revived. 24th. Can you state in what way it was in France subse- quently revived ? Ans. I think by news from England of surgical operations there. 25th. Were these surgical operations in England based upon the intelligence the publication above referred to of November 18, carried to England ? Ans. I think they were, for the following reason : Experi- ments were tried immediately upon its reception there — the first by a dentist to whom Dr. Boott communicated the information. Surgical operations followed this experiment, and Dr. Boott was kind enough to send to me notes which he had received from the leading physicians and surgeons — several of them in reply to his communication to them detailing the more tr less successful re- sults of their experiments, and their general impression upon the subject. Among them, I think, are those of Listen, Brodie, Clark, Bell, Chambers, and others. With regard to the dates at which this information was conveyed from place to place at -.;S«.i 332 that time, I have not attached any great importance to it, and am therefore now unable to speak with accuracy. 26th. Whether or not the article of November 18, 1846, was translated into French, and so a report of the new discovery first reached there ? Ans. Never, to my knowledge. 27th. Suppose a new and important scientific discovery, which would have great importance in surgical operations, to be made public in England, and published there in the journals, how soon w^ould it, with the means ol frequent transit, get to Paris ? Ans. In the daily prints it would be republished in the course of two or three days : in the scientific journals, (some of them,) within the week probably. 28th. Can you state whose experiments of the French sur- geons and scientific gentlemen you are familiar with, as in answer to 25th cross interrogatory you have spoken of those of the Englitsh surgeons ? Ans. I cannot state. 29th. What part or share, if any, had you in the preparation, or by way of suggestion and consultation, of the Massachusetts General Hospital report of 1848 ? Ans. None, that I remember ; nof do I think that I knew anything about it until it was published. 30tb. In your early acquaintance with Dr. Morten, did his knowledge about scientific matters — his knowledge or ignorance of the various kinds of ether — come under your observation ? Ans. I think he had not much acquaintance with scientific matters ; and of his knowledge of ether, other than sulphuric ether, I know nothing. I don't know how mush he knew of sulphuric ether besides the fact that its inhalation would produce insensibility to the pain of surgical operatiens. 31st. Whether or not you saw the advertisements of Dr. Mor- ton in the newspapers in the fall of 1846, and the winter and spring ensuing ? Ans. I don't remember any such advertisements, though I should have been very likely to see them if there were such. My impression is of something like a circular rather than an advertisement ; but of this I have no accurate remembrance. o2d. Whether or not the inhalers used at the Massachusetts General Hospital, as in answer to 30th interrogatory stated, had valves attached to them by springs? Ans. I remember no springs connected with the valves, which, I think, were hinged with leather, except that one valve out of the three had in some way attached to it, I believe, a slender spiral spring. 33d. Whether or not the leather hinges operated in the man- ner of springs, to keep the valves shut ? 333 Alls. They miglit, in part, have done so, yet the valves main- tained their place, I think, chiefly by their own weight, and would have fallen open had the instrument been turned upside down. 34th. Will you please describe the inhalers used, as to the different valves — as to the use of each valve. Ans. The inhaler consisted, as I remember it, of a glass globe, containing a sponge, and provided with two orifices. One of these was intended to open into the air, which would then tra- verse the globe, carry with it ether vapor, and enter the lungs through the second orifice. Each of these orifices was provided with a valvular contrivance. The former — that communicating with the air — was attached to a sort of stopper, which could be taken in or out at pleasure, and served chiefly to prevent the escape of ether vapor into the apartment when the apparatus was not in use. The other valvular contrivance, attached to the mouth-piece, was of more importance. The air passing from the globe into the lungs raised a valve. Instead, however, of being returned or blown again into the globe, its progress was rather impeded by the closure of this valve, while a side valve in the tube of the m®uth-piece now opened and diverted the air of expiration into the apartment. The object of this latter double valve was simply to prevent the same volume of vapor from being twice inspired. 35th. Which valve had the spiral spring attached to it, as stated in answer to 32d cross-interogatory ? Ans. The atmospheric, or that first described. 36th. Can jou give the date, the time when the use of inhaler was abandoned at the hospital ? Ans. No, I cannot ; nor do I remember that there was any sudden abandonment of them. They fell into disuse. 37th. At about what time did they begin to fail into disuse ? Ans. I am unable to say. I should think a good many weeks, perha]>s some months, alter the discovery q>[ ether inhalation. 38th. In answer to 11th cross-interogatory you have stated that the ether was spoken of as a compound ; w^as it, early in its in- troduction, called a gas? Ans. That I can^t say. 39th. Did not Dr. Morton so call it a gas? Ans. That I don't know. 40th. Early in its administration, was there mingled with it some aromatic substance . ^ Ans. I do not know that there was. I got the notion at the time that something like Cascarilla bark was burned upon the stone of the operating theatre, and that the odor, which was very perceptible, was produced in that way. 41st. Whether or not, the professional etiquette referred to in answer to 6th interrogatory, is embraced in a law of the Massa- 334 chusetts Medical Sociiety, forbidding any member to use secret remedies ? Ans. Chiefly so. It also applies to the question of patent. 42d. Is it not with your observation that insensibility to pain precedes and follows the unconscious state induced by the inhala- tion of ether? Ans. If by unconscious state is meant a profound and utter somnolency, I should say, that such a state of insensibility to pain as that described, was not uncommon while the patient is re- covering from such stupor, after a heavy dose of ether, and is yet in a half unconscious and bewildered state. The rule is, that sen- 16S* sibility returns with consciousness and about in proportion to it. 43d. Is it not of very frequent occurrence, m dental operations, to render the patient iHsensible to pain, and yet not unconscious under influence of ether ? Ans. I should not think it was. The faculties are generally bewildered as insensibility approaches. 44th. Has it not frequently happened that, in surgical opera- tions, under the influence of ether, patients preserve their conscious- ness while they are insensible to pain ? Ig^^ Ans. It very rarely, if ever occurs, if by consciousness is meant the ability to observe and reason correctly. 45th. Do not persons who have been operated upon suflfer more or less pain, after the eflject of the ether has passed away ? Ans. Yes. i^tha. Hais it not frequently happened that patients on whom operations have been performed under the influence of etherial inhalation, on recovering the possession of their faculties, their consciousness suffer no pain, and are ignorant that an operation has been performed ? Ans. That is partially true, yet the patient, if the operation has been one of average severity, soon come to a sense of pain as his faculties become clear. 46th6. Is there not a period of time, after unconsciousness has gone, when insensibility to pain continues after an operation in surgery or dentistry? Ans. I think that the period of time, after complete unconscious- ness has gone, and during which there is more or less insensibility to pain, is not characterized by a clear mind. Patients do not then know where they have been, or why they have been dream- ing, or where they are. They are often exhilarated or lacrymose, but still they may answer questions with tolerable propriety. 47th. Have you ever inhaled ether yourself, so as to produce unconsciousness ? Ans. Yes, not unfrequently. 48th. Have you known of no cases where a patient, imder the influence of ether, had possession of his intellectual faculties? 335 Ans. Of my own knowledge, no case where the mental facul- ties were unimpared, where ether has been given in what may be called a surgical dose ; that is, an amount adquate for average surgical purposes. Cases which approach nearer to the circum- stances alluded to in the question, and where the faculties, although their mechanism was deranged, were less impared than by a sur- gical dose of ether; at any rate, one such case I have alluded to in the first article published by myself on this subject. 49th. Have you known of no case where ether enough had been given, (not perhaps, what would be called a surgical dose,) to produce unconsciousness, wheie the intellectual faculties were sound and clear, after consciousness returned, and while insensi- bility to pain continued ? Ans. I remember no such case. 50th. Have you known or seen reports oi such cases in medi- cal or other journals? Ans. I have seen or heard, and cited an allusion to such a case. Of its authenticity I cannot speak. From my own knowledge and experience, 1 cannot but doubt its authenticity. I alluded to a story of a man who criticised the amputation of his own leg ; I do not know from what source it emanated. 51st. Do you remember a report of an early case of an opera- tion by Professor Miller, of Edinburgh, on one **' Nanny," (a laborer,) in whom there was a compound fracture of his leg, who, throughout an operation most painful under the circumstances, was wide awake and talking, and yet entirely insensible to pain — an operation that lasted some ten minutes ? Ans. I have no distinct recollection of it. It is certainly con- trary to the mass of surgical experience. 52d. Did you know that Bouisson, in his work on etherization, states " that the integrity of the intelligence is preserved, while " the sensibility is paralized," in some cases ? Ans. No. 53d. Are you aware that Malgaigne cites a case of a patient who was so master of his ideas, and so entirely self-possessed, and unconscious only to pain, that he encouraged the surgeon by voice and gesture to pursue his operation ? Ans. I do not know^ the case. Similar examples are not want- ing where patients have not been etherized. Again, such conduct would be no proof that the man w^as master of his ideas. 54th. Have you not read of cases where the patients preserved their intelligence and were yet insensible to pain — such cases where the patient remarked on the performance in its progress ? Ans. I cannot say where, though I must have received the idea which I have previously alluded to from some source. 55th. Suppose a person, under the influence of ether by inhala- tion to perceive and observe in himself and entire loss of all sensa- tion in all parts of his own body, and consequently to seem to himsei 336 to be supported by nothing, could he not infer in such state that the nerves of sensation were paralized ? Ans. He could only infer that the nerves of sensation were para- lized to a degree that made him seem to himrelf to be supported by nothing. 56th. If the nerves of sensation of a patient are paralized, could a surgical operation be performed without any sense of pain? Ans. If they are completely paralized. 57th. What, in your opinion, is the essential element in a dis- covery in the inductive science ? Ans. If there be any one element far more im})ortant than the rest, it seems to me to be conclusive proof of the asserted fact. 58th. Who, in your opinion, discovered the composition of water ; — Priestly, who performed the experiments, or Watt, who inferred the composition of water from Priestly's experiments ? Ans. I could not say, without looking into the subject, with reference to that point. 59th. Whether or not you have stated, and whether or not you now hold to this opinion, that Dr. Morton's experiments, no matter who suggested them to him, made him the discoverer of etheriza- tion ? Ans. That is my opinion, which is strengthened by oonsidera- tion of the character of the suggestion said to have been made to him, which was not of a proved fact, but of an unproved supposi- tion ; and also strenghthened by the subsequent evidence which shows that Morton did not need even that suggestion, such as it was. I refer to the evidence of Metcalf ond Wightman. 60th. Did any medical authorities, anterior to September 30th, 1846, teach that the inhalation of sulphuric ether could be attend- ed with safety to such an extent as to produce unconsciousness ? Ans. Not to my knowledge. 61st. Are you aware that any one before Dr. C. T. Jackson ^^^ suggested the use of sulphuric ether by inhalation, to pi event pain in surgical operations, if he did make such suggestion ? Ans. A suggestion varies in the degree of its suggestive power. I think Morton got a suggestion from some source upon this point, in July. I have a strong conviction that somebody told me that such a suggestion had been made to Dr. Jackson. I mean to give this last statement the force of an impression, and nothing more. 62d. From what source have you the thought that Morton got a suggestion of the kind referred to in the answer to 61st cross-in- interrogatory ? S^^^ Ans. From the nature of his conversation v/ith Wightman and Metcalf. 63d. In yonr opinion, does verification constitute dicovery ? Ans. As far as it is synonymous with first conclusive proof. 64th. In your opinion, in the case of (he ether discovery, where and when was this conclusive proof found ? 337 Ans. When it was ascertained that a man might be pretty «S3I .severely wounded and cut, with a sure and safe exemption from pain. 65th. Whether or not, in your opinion, then, the conclusive proof was founded in the operations of the surgeons at the Massa- chusetts General Hospital ? Ans. The proof was upon two points,— first, the certainty, and '^SM second, the safety of the effect of ether. The repeated experi- ments of Morton in drawing teeth and their uniform success, together with the varying severity of this operation, may be con- sidered, I think, as establishing by their collective evidence both these points pretty conclusively. Yet the evidence was certainly more conclusive when a long c it had been made through the skin and the evidence was clinched by the amputation, 66th. Supposing it to be stated that the fact noticed by a gen- tleman was that persons w^ho had inhaled the vapor of ether had heen for a few minutes deprived of all sensibility ■— Do you hold , to the opinion that this is a physiological fact which one could not verify upon himself ? Ans. It would be in the highest degree improbable that he could consider, as to the power of ether and its safety, was then discov- ered ? Ans. I should consider that it proved insensibility to surround- See Bige- ing objects. If I had witnessed that as the first experiment, I low, ante. ^^^^ consider it doubtful as to its safety. I don't see that the person could have discovered anything more than that he was in- sensible to pain in the throat at the time. It did not prove that he was insensible to pain from an injury, because he had none in- flicted upon him. I should think he would have doubted the salety of it — been fearful of the result. 28th. Could he or not have inferred that he would not feel a sur- gical operation ? Ans. If he was investigating that subject to know^ whether he would annul the pain of a surgical operation, or of extracting a tooth, he would be probably led to it ; but if he was taking it to relieve the pain from inhaling a noxious gas, I should not think it probable that he would be led to that inference. 29th. Please explain what you mean by being " led to it." Do you or not mean that he established it as a scientific deduction; or how otherwise ? Ans. I mean that if he had been in pursuit of that object, he would have inferred from its producing insensibility at that time that he would have been insensible to a surgical operation. I do not mean that he would have established it as a scientific induc- tion, unless he had some painful experiment tried upon him — been injured by an instrument or a puncture. 30th. What would have the scientific value of any inference, or guess, or opinion, as to insensibility to a surgical operation from the premises stated in the 27th interrogatory ? Ans. I don't see any, except that he was insensible to his chair. I don't see that anything could be derived from that. olst. Could or not the same effects described in the 27th inter- 1^^^ rogatory, be produced, entirely or substantially, by other vapors, gasses, or drugs, or liquors, which would yet fail under the test of a surgical operation ? Ans. Certainly ; the same state of insensibility could have heen 1^^^ produced by many other agents. Opium I have seen taken to the amount of twelve grains before a surgical operation, producing perfect stupor, but not insensible to pain. 32d. Is, or not, '^insensibility" a term of degrees, as used in physiological science ? Is it confined to that degree of insensi- bility which was proved in 1846 to be produced by ether ? Ans. It is a term of degrees, as used in physiological science ; a part of the body may be insensible to one degree of pain, but not to another. It is not so confined. 33d. If, before the ether discovery, you had seen a statement that a person had become insensible under the effect of ether, no 361 painful instrument being used, should you have inferred that total insensibility which was proved in 1846 ? Ans. I should oiot, even at this time, unless I had tried the ex- periment upon him. 34th. Take again, if you please, the case stated in th 27th in- terrogatory. Could the person have inferred that the ether would operate on persons generally as it did on him, or on him- self at all times alike ? Ans. I should not think he could, without repeated experi- ments. 35tb. Could he have known whether he had or had not been in a perilous state during the quarter hour of unconsciousness ? Ans. No, sir, he could not. 36th. Is it or not known that vapors, gasses and drugs gene- rally affect different persons differently as to sleep, or excitability, or unconciousness, and also as to the safety of administration ? Ans. It certainly is. 37th. From your experience, if a person under the effect of ether, and insensible to a painful surgical operation, should yet be wide awake and talking, and excitable, would it follow that he had the proper use of his reasoning powers, and was in a sane state of mind ? Ans. It would not, for I have often seen a patient talk during a surgical operation under the influence of ether, and in a half an hour afterwards have no recollection of it. It is a very common occurrence. I put no confidence in what a person says to me while under the influence of ether, or for a half an hour afterwards, although to a bystander they appear to be talking rationally, yet they themselves recollect nothing of it. That to me is almost a daily occurrence, or whenever I give ether. 38th. How far do you consider the cerebral affection under ether to be contemporaneous with the insensibility to pain in the nerves of sensation ? Ans. The affection of the brain, the insensibility of the mind, comes on first, before the nerves of sensation are affected. That we know by the patient being unable to answer questions, and yet are not insensible to the knife. The preparation for the operation, or the insensibility to pain, is generally ascertained by lifting the arm. If it drops powerless, we consider them insensible to pain. If the arm is rigid, or rather if there is rigidity of the muscles, we never commence the operation. The restoration to sensibility oc- curs always before the restoration of the powers of the mind. 39th. If a person is sufficiently conscious to continue to inhale ether from a handkerchief without aid, and note his own sensa- tions, is he suflficiently etherized to bear a surgical operation ? Ans. Decidedly not. 40th. What is your opinion, from your experience, of chloro- form as an anaesthetic agent ? 362 Ans. I think it is a dangerous agent, but capable of producing insensibility as readily as ether. The only cases which I have ever seen myself where there was danger from inhaling chloroform, was at the hospital a^month since, where two patients, by the in- halation of chloroform, were brought very speedily into a state of asphyxia. One of them died. In these cases, however, chloroform was given in too large a quantity by mistake, mistaking it for chloric ether. Chloroform I consider a dangerous agent, because' where it has been carefully used, there have been no less than thirty deaths from it in Europe and this country. From the e of ether I have heard of no fatal accident. 41st. What is your opinion, from your experience of the last six years, of sulphuric ether as an ansesthetic agent, as to its safety and efficiency? Ans. I think it is perfectly safe to be given in all cases, to persons of all ages from infancy to old age. I think it is always capable of producing temporary insensibility to any degree of pain, and I never use it without considering it the greatest boon ever conferred uoon humanity. 42d. Is there any degree of pain or torture which has yet been found to exceed the ansesthetic power of ether ? Ans. I do not know of any ; I have never seen it fail. Cross-interrogatories hy A. Jackson, jr., cou?iselfor Dr. Charles T. Jackson. 1st. In answer to the 2d interrogatory, you have spoken of knowing Dr. Jackson. Whether or not you have known him intimately? Whether you visited him in his laboratory or family? Ans. I should not say intimately. I have not visited him in his family. I have been in his laboratory when business called me there; not very often. He has not visited me; he may have been in my study. 2d. In answer to the 7th interrogatory, you say that Dr. Morton first administered ether in private surgical practice. Can you state how often — the number of times? Ans. I cannot. 'Sd. Will you please describe the operating room or theatre at the hospital ? Ans. It is arranged like an amphitheatre, the seats rising half round, one above the other. The operating area is in the centre. In the rear opposite the seats are cases containing the surgical in- struments. On each side of the area, at the termination of the seats, is an entrance. Before entering the door on each side which leads to the area, a passage way on the east side leads under the seats up a flight stairs to the highest seat, through which the students enter to vritness the operation. On the west side a pas- sage way leads under the seats not having any communication with 363 the operating room, but is used as a bed-room. There it was that Dr. Morton went in. 4th. If a person should come in late, to what part, if any par- ticular part, would he go in the operating theatre? Ans. He would go through the entrance on the east side up these stairs, or he would enter by the west side into the area, which has a communication on that side with the seats. This area, I should have observed before, has a partition or fence from the end of the lowest seat, over to the wall on tke opposite side, having a door through which the patients pass. This was placed there originally to prevent spectators coming into the area during an operation. 5th. In answer to the 19th interrogatory, you speak of Dr. Jackson as not present at any operation when ether was ad- ministered before the 2d of January. Whether or not you re- member that he was present at one time with Dr. ReofFroy, when ether was administered early after its introduction? Ans. I do not. I never saw him there at that time. 6th. Can you state whether or not Dr. Jackson was present at the hospital with Benjamin Silliman, jr., at any early operation under the influence of ether? Ans. I cannot. 7th. Whether or not you remember the case of Fanny Abbott, one of the early surgical cases at the hospital after tke introduc- tion of ether, whose leg was amputated on account of careous ajSfection of the bones of the ankle? Ans, I do. I amputated that leg on the second day of Janu- ary, 1847. 8th. in answer to 19th interrogatory, you speak of Dr. Jackson as not being present at any operation at the hospital, where ether was used for inhalation before the 2d of January. Whether or not you mean not present before that time around the operating table, or in the operating area ? or not in the operating theatre any where? Ana. I mean not in the operating theatre any where, as a spec- tator or assistant. 9th. Will you please state about how many persons were usually present in the operating theatre? Ans. During the lectures, about one hundred. Before the lec- tures twenty-five to fifty. 10th. Whether the period when the lectures were given em- braced any, and if any, what portion of the tirue from October '46, to January '47? Ans. The lectures began the first Wednesday in November, and continued four months. 11th. Whether, at the operation of January 2, 1847, you remember whether or not an inhaler was used in the administering of ether ? Can you state who administered ether at that date? 364 Ans. I cannot remember ; probably one of the surgeons ad- ministered it. 12th. Whether or not you remember that C. F. Hayward, then house surgeon, administered it ? Ans. I cannot remember precisely on that point. When we first administered ether, it was generally administered by the surgeons alone, as we were more cautious in its administration* not being so familiar with its effects as we now are. 13th. Whether Dr. Jackson then stated to you that he had brought the oxygen gas to be used in case of asphyxia ? Ans. He did. 14th. Whether or not you remember that Dr. Jackson then spoke of the use of the sponge ? Whether or not, if an inhaler was then used, a probe was thrust in to keep the atmosphejic air- valve open ? Ans. I do not remember whether Dr. Jackson spoke of the use of the sponge, or whether a probe was thrust in to keep the atmospheric air-valve of the inhaler open. I have seen it done on other occasions. 15th. Whether or not, during the first few months when ether, by inhalation to prevent pain, was used at the hospital, being administered by means of an apparatus, asphyxia, partial or otherwise, was sometimes produced thereby ? Ans. It was. 16th. Whether or not among the surgeons various theories have prevailed, or still do prevail, as to the condition a person is in after a due inhalation of ether? Ans. I do not know that there is now any difference of opin- ion ; I believe there has been heretofore. Various papers have been written on that subject, to account for the action of ether upon the brain. 17th. Whether pr not, during the first few months of such use of ether at the hospital, one theory or opinion was, that asphyxia was the inevitable concomitant of etherization ? Ans. No sir ; I do not think it was. 18th. Whether or not at one time daring the period of the early administration of ether at the hospital, the opinion pre- vailed that the effects of ether — the insensibility to pain thereby produced — depended on partial asphyxia ? Ans. I don't recollect of any such opinion prevailing. 19th. Whether or not, during the early use of ether, the fact that the blood from the wounds of etherized patients was darker than from wounds when ether was not used, was pointed out as one indication tending to support some theory on this point ? If so, to what theory ? Ans. It was observed ; I can't answer to what particular theory that pointed. 365 30th. Whether or not, at the operation of the 2d of January, you recollect that in that case the fact was pointed out that the blood was not darker than in cases where ether was not used ? Ans. I do not. 21st. Whether or not one theory was, that ether produced a great excitement of the nervous energy, so as to produce a col- lapse of all nervous sensibility ? Ans. I don*t know. 22d. Whether or not, at one time, the theory was, that the state induced by ether was nothing but dead drunkenness ? Ans. I don't know. 23d. Whether or not one theory was, or is, that etherization is an unoxgenated state of the blood, produced by the anaesthetic agent used ? Ans. That is the state of the blood in case of asphyxia from the use of ether ; but whether it is when asphyxia does not pre- vail, I am doubtful ; because, when asphyxia does not prevail, the blood from the arteries is florid ; when the patient is in the state of asphyxia, the blood from the arteries is dark colored, like that from the veins. 24th. In 15th interrogatory, the question is as to the care and skill of Dr. Morton in the use of ether. Whether you were ever present in Dr. Morton's rooms at any administration of ether, in the fall of 1846 and the winter succeeding ? Ans. I was present in his room with his partner or assistant, D. P. Wilson, to have something done to my own teeth by Dr. Wilson, and saw the ether administered for the extraction of a tooth once or twice. 25th. Whether or not, in reference to your answer to 7th in- terrogatory, you intended to be understood to say that, so long- as inhalers were used. Dr. Morton always attended to administer ether ? Ans. No, sir ; 1 don't know that he did. 26th. How many times did you ever see Dr. Morton adminis- ter ether, both at the hospital and in any cases of private prac- tice, in which he may have administered it ? Ans. Not more than six times, but I am uncertain as to that. After we became accustomed to it at the hospital, we used it ourselves. 27th. In answer to the 16th interrogatory, it is said that the first time you heard of Dr. Jackson in connexion with the ether discovery, was about a week after the two cases at the hospital — the cases of October 16 and 17, 1846. Can you now state what it was which you then heard on this point ? Ans. I can state nothing more particularly than I have doni; in that answer. 28th. Were you present at the meeting of the American 366 Academy, November S, 1846. when this matter of etherization was announced ? Ans. I was not. 29th. Whether or not you heard from Dr. Warren anything respecting any letter to him from Dr. C. T. Jackson, respecting ether, or the discovery, in the fall or winter of 1846-7. Ans. I do not recollect at this time. 80th. How as to your impression or belief on this point ? Ans. I have no recollection of it ; I might or I might not ; if I did, it has escaped my mind. 31st. In reference to the answer to the 11th interrogatory, the inquiry now is, if asphyxia, produced from want of atmospheric air, is not dangerous ? Ans. I do not consider, when asphyxia is produced from in- haling ether now, that there is any cause of alarm ; I have seen it so often, and they always recover from it, that I do not feel alarmed. 32d. Whether or not the asphyxia produced by inhaling ether is not by reason of too little atmospheric air for the patient ? Ans. Undoubtedly it is ; that is the cause of asphyxia. o3d. Whether or not, in reference to the answer to 12th in- terrogatory, the reason that asphyxia is produced where the sponge is used, is not because the sponge is pressed so close to the mouth and nostrils, that the patient cannot get atmospheric air ? Ans. It may be in some cases ; I have seen it produced also where it was not pressed to the mouth and nostrils ; there seems to be a diiierence in the susceptibility of persons taking ether ; I cannot give any reason for its occurring in those cases where the sponge is not pressed to the mouth and nostrils. 34th. If a person ignorant of medicine, administers a remedy prescribed and directed by a regular physician, in accordance with directions which he had received from the regular physician, who is responsible for the effect which follows — the physician or the person administering the remedy ? Ans. The physician, I should say, of course. 36th. Whether or not. Dr. Morton, in September, 1846, was admitted to practice, or had got his degree in dental surgery which gives him the title of "Doctor?" Ans. I think not, but I am not certain ; if the only M. D. which he has now is the one which he received at Washington, he had not it at that time. 36th. During your acquaintance with Dr. Morton, has his knowledge, or want of knowledge of scientific matters, of ether, and the various kinds, and the properties of ether, come under your observation — if aye, what is his knowledge of tliem ? 367 Ang. They have not come under my observation ? 37th. Was Dr. Morton an educated man ? Ans. I don't know. 88th. Have yoa ever witnessed any experiments showing the use of sulphuric ether on quadrupeds, such as dogs, cats, &c. — if aye, has it or not been the case with them, that while recover- ing from the effects of ether, for some 5, 10, 15 or 20 minutes before they could walk, leap or run, that they would crawl about, dragging their hinder extremities, their hinder quarters, after -s^JI them ? Ans. I have used it myself in one case which I remember par- ticularly — the dislocation of the shoulder of a dog — which was immediately reduced under its influence ; I never saw but this one experiment, and 1 don't recollect that the effects inquired about took place in this case. 39th. Will you please state the proportion of nitrogen in the air compared with that of oxygen — whether nitrogen is merely of use in nature to dilute the oxygen ? Ans. The proportion is seventy-seven parts of nitrogen to twenty of oxygen, and a fraction of aqueous vapor ; it is so pro- portioned as to be fit for respiration. 40th. Whether in breathing pure oxygen you breathe about four times as much oxygen as if you breathe common air ? Ans. We do. 41st. Suppose a patient dangerously asphyxiated, breathing common air will restore him ; will not pure oxygen inhaled into the cells of the lungs operate in restoring the asphyxiated patient about four times as soon as common air 't Ans. I should think it would, upon theory ; I have never seen the experiment tried ; it would undoubtedly restore him sooner. 42d. Whether at the first operation at the hospital, where the unknown agent was used, on the 16th of October, cascarilla bark was burned on the stove in the operating room ? Ans. Not that I know of; I have no recollection of it. 43d. Are you acquainted with the odor of the essence, or eau de millefleurs f Ans. I am. 44th. Was not thifs mingled with the preparation first used at the hospital on the 16th of October ? Ans. I do not know that it was. 45th. Whether or not the odor you perceived of some sub- stance mingled with the ether, was like, or similar to that of " eau de millefleurs V Ans. I don't recollect. 46th. What led to the opinion that cascarilla bark was min- gled with the ether? Ans. In former years I had made great use of cascarilla bark 368 in certain ca.ies of disease which often occurred to me, and I was familiar with the drug ; I also had used it in making up of pas- tilea to burn, and therefore discovered its odor at that time. 47th. Can a man ever know, after awaking, whether or not he has been in a perilous state during sleep, or during a period of unconsciousness ? Ans. I think he cannot. 48th. Might not a man who has been unconscious for a brief interval, knowing, on recovering his consciousness, that he had not received any harm, infer that he had not been in danger ? Ans. I should suppose he might. 49th. Must not the idea of insensibility to pain have preceded any suggestion of the use of ether for that purpose ? Ans. I should think it must. 50 th. Did not the idea and suggestion in 1846 immediately lead to the use of ether ? Ans. I suppose it did. 51st. Has not the idea or suggestion of Dr. Jackson's, of in- sensibility to pain in surgical operations (supposing him to have made such suggestion to Dr. Morton on the 30th of September, 1846,) proved to be true ? Ans. Yes, I suppose it has. 52d. In your opinion, then, was not this idea of great practi- cal importance ? Ans. Yes. 53d. Cannot a discovery be made unless the person who makes it has been previously in pursuit of the end reached ? Ans. He need not necessarily have been in pursuit of it to have made the discovery. 54th. Is not a man devoted to scientific researches likely to draw inferences more or less probable, from any and every ob- servation, casual or otherwise, he may make, which point more or less clearly to a scientific truth ? Ans. I suppose he is. 55th. Newton perceived that the diamond and water had a peculiar efi'ect on light. Could he or not infer the existence of an inflammable substance in them ? Ans. I don't know. 56th. Newton perceived that the apple fell. Could he or not infer a law by wluch the apple was drawn to the earth, to wit, the law of gravitation ? Ans. Yes, and he did. 57th. Is it fair, reasonable or just, to the authors of scientific discoveries, to express opinions, or argue against the probability of their having drawn certain conclusions, or inferred cortain truths, because men of dissimilar minds, and devoted to differeot 369 pursuits, would not perhaps liave drawn the same conclusions, or made the same inferences ? Ans. I don't wish to give an answer to that question. 58th. Whether or not any person can be the author of a dis- covery in the inductive sciences, without either originating any new idea, or devising the means of establishing the truth of a conjecture, whether more or less probable, previously brought to view by another person ? Ans. I don't think he can. 59th. Whether or not you are familiar with the facts con- nected with the early history of the ether discovery ? Ans. I have read all the publications on the subject. 60th. Whether or not you can specify any new idea connected with this discovery first originated by Dr. Morton, or can state any new experiment first devised by him, by which that discovery was established ? Ans. I know of nothing, but his first experiments which I witnessed at the hospital. 61st. Whether or not, in your opinion, the purity of the sul- phuric ether from alcohol and acids, and the due admixture of atmospheric air, are not among the most important particulars embraced in the discovery of etherization? Ans. Those are the most important particulars in the safe administration of ether. 62d. Admitting that, as stated by Mr. Bowditch, in his vindica- tion of his hospital report of 1848, Dr. Jackson did, on the 30th of September, 1846, state to Dr. Morton, before Morton extracted the tooth of Eben Frost, on the same day, that Dr. Jackson pointed out to him the two conditions in the inhalation of ether : first, a due admixture of atmospheric air ; second, purity of the ether from acids and alcohol, could, in your opinion, Dr. Morton on that extraction of a tooth, and on those painless operations that followed, set up the title of exclusive discovery ? Ans. I should sa^ not. 63d. Is it your o pinion that Franklin, who made partial expe- riments, and suggested, but did not first perform a decisive experiment, was the discoverer of the identity of electricity and lightning, or Coiffier, who first performed that decisive experi- ment as devised and suggested by Franklin ? Ans. I don't pretend to decide. 64th. Do you concur with Whewell, the historian of the induc- tive sciences, in the following opinion of his :: ''I do not concede that experiments of verification, made after a discovery has been already brought to view by one person, and devised by the dis- coverer, and committed by him for performance to another, give the operator a right to claim the discovery as his own ?" Ans. I have not formed any opinion upon that subject, and 24 370 must decline to answer such questions. I only come to state facts, and not to act as a judge. 65tli. How soon after the 16th of October, 1846, was any .question made, raised, or discussed, as to wlio was the discoverer of etherization ? Ans. From the length of time which has elapsed, I cannot recollect. It is not fixed in my mind. 66th. So far as you know, from the time there was any ques- tion made, raised, or discussed, on this point, has not Dr. Charles T. Jackson always, on all lit occasions, stated and declared him- self to be the discoverer? Ans. I believe he has. 67th. Vv'hether you recollect that the operation of il^ovember 7th, the amputation was to have been performed on Saturday^ October 31st, and was postponed to Saturday, November 7th ? Ans. I cannot recollect myself, but I have heard that stated by some of the surgeons within a year. 68th. Whether or not, all tlie medical authorities known to you, in September, 1846, who had expressed any opinion in re- gard to inhaling sulpliuric ether vapor, to such an extent as to produce unconsciousness, did not pronounce it highly dangerous so to do 'i Ans. I can't give a decided opinion whetlier all had. Some authorities had pronounced it dangerous. 69th. Whether or not, to your knowledge, any person, previ- ously to the fall of 1846, ever suggested the inhalation of sul- phuric ether vapor, as a means of preventing pain in surgical operations ? Ans. I never heard of any one. 70th. Whether or not any person to your knowledge, before the fall of 1846, ever advanced the opinion that it was safe to inhale sulphuric ether vapor, to such an extent as to produce unconsciousness ? Ans. Not that I know of. I did not know^ anything about ether as anaesthetic, or hear anything about it, unti] the day of the first operation. 71st. Whether or not Pcreii-a's j^Iateria IMedica is a work "which persons who are not phyigicians in actual practice, or apothecaries, would be likely to purchase, or to have in their possession ? w^hether or not it was first published in 1889 ? An«. I should think persons not physicians would not. Apo- thecaries might. I do not know whether it was first published itx. 1839. 72d. Is the same state of insensibility which the inhalation of pure sulphuric ether induces produced by any other vapors with which you are acquainted 1 Is it produced by drugs, such as opium ? 371 Ans. It is not. A state of insensibility from alcoliolj pro- duces the same eftects, but not from opium. I once was called down to the hospital to amputate the leg of a man who had been run over by the cars. He was in a state of beastly intoxication. He was so much intoxicated that I thought it unsafe to admin- ister ether to him. After the operation, he declared that he did not know tliat it had been performed, and also that it gave him no pain. T3d. Have you ever inhaled ether in your own person so as to produce unconsciousness ? Ans. I have not. 74th. In one place in this deposition it is stated that one part of the body may be insensible to one degree of pain and not to another. Slay not, under the effects of inhaled ether, the nerves of sensation be paralysed and at the same time the party so para- lysed be to such an extent conscious as to know and remark on what is doing in the room ? Ans. I have seen such cases. 75th. Have you known of cases where a patient under the influence of ether, had possession of his intellectual facnlties ? Ans. I once knew a case of a young lady who was operated on, who had the sense of touch existing, and yet did not teel the pain of the operation. She could distinguish a ring placed in her hand. That was an unconnnon case. 76th. Have you known of cases where, after enough had been given to produce unconsciousness, where after consciousness re- turned, and while insensibility to pain continued, that the patient had possession of his intellectual faculties ? Ans. I have not. 77th. Did you know that Bouisson, in his work on etherization, states, '^ that tlie integrity of the intelligence is preserved while the sensibility is paralyzed," in some cases ? Ans. No, sir. 78th. Has it not happened, over and over again, that parturi- tion has taken place without any sense of pain wliere perfect consciousness continued? Ans. I have had such a case, 79th. Suppose it were known to you that the nerves of sensa- tion in the human body were paralyzed, should you not state that you knew that the body could feel no pain of a surgical operation as an inference from such fact ? Ans. Not until I had repeatedly tried the experiment after- wards. 80th. Supposing it to be stated that the fact noticed by a gen- tleman was that persons who had inhaled ether had been for a few moments deprived of sensibility, do you hold this to be a physiological fact which one could not verify on himself ? 372 Ans. I don't think lie could. 81st. Suppose that a person knew that by reason of a certain process he was insensible to pain in his nerves of sensation in his throat, could he not infer from this fact, that, if he repeated the same process, he would become insensible to pain produced in another part of his body ; as for instance, a burn, or blister, on his arm? Ans. I don't think he would, unless he continued to repeat the experiment for that purpose — I will state a case. A young gen- tleman, ten years since, who is now a physician, was inhaling ether for amusement, as was the custom at Harvard College. He took enough to make him so insensible that he fell upon the floor. In falling he cut his head badly. On recovering he was unaware that he had injured himself at all. But this did not lead him to any farther experiment. 82d. Suppose a painless extraction of a tooth to have been performed by means of a certain process, the tendency of which process was to annul pain in dental and surgical operations, could you not infer from this fact, that all dental and surgical operations requiring a brief insensibility to pain might be painless ? Ans. Yes. I should be inclined to, certainly. 83d. Will you be kind enough to state the component parts of pure rectified sulphuric ether ? Ans. I do not know them — I mean I do not remember the proportions. It is composed of sulphuric acid and alcohol. S-ith. Is not the etherized state generally one of agreeable dreams ? is there any stupor or congestion of the brain ? Ans. That is various in various people ; often it is so, at other times there is a stupor ; the visible effects of ether are entirely various in different persons. 85th. In surgical cases, where sulphuric ether, by inhalation, has been used, has there been, generally, headache, or any cere- bral symptoms, after the inhalation, or unpleasant effects from the use of it ? Ans. In many cases there are ; in many cases there are not ; I don't think such are the general effects. 86th. Is there any muscular excitement in a patient, if pure sulphuric ether is given, by inhalation, at once, in a large vol- ume ? Ans. There often is ; it is not so generally. 87th. Suppose that a person is under the influence of liquors, but has not reached the point of dead drunkenness, can you, in most cases, make hiin dead drunk by the inhalation of ether ? Ans. I never tried the experiment, nor saw it tried, but I jshe^uld think it not unlikely. 373 88th. Is it not a fact tliat persons partially drunk -vvitli alcohol cannot, in most cases, be etherized ? Ans. It is difficult t© etherize intemperate men ; I cannot say how it would be as to persons partially intoxicated ? 89th. Whether you remember that after an operation during the early use of ether, at the hospital, in the fall and winter of 1846-'7, it frequently happened that black blood had been seen from the arteries of the etherized patients, that Dr. Warren and others of the surgeons, in remarks to the class of students, pointed out the black or darker blood, in connexion with what was said of the asphyxiated state of the patient ? Ans. I do remember it. 90th. Whether or not you consider that the operations made in the fall of 1846, at the Massachusetts General Hospital, are an im- portant part in the discovery of anaesthesia, by inhalation of pure sulphuric ether ? Ans. I certainly think they had a strong connexion with it, because if the operations had not been performed the discovery would not have been made, in my opinion. 91st. Whether or not the operations at the hospital on the 16th and 17th of October were regp.rded of great moment, or whether the operation of November Tth, the amputation in Alice Mohan's case, was regarded as a great and conclusive test ? Ans. The first operations were regarded m ^f q-^eat moment, and the amputation as still greater and con:" 92d. Why, and how, is chloroform dange ' •^itioii? Ans. It seems to be by suddenly depress^!: powers, it being a more powerful agent than sulphuric ethcj\ 93d. Whether chloric ether is a solution of chloroform in al- cohol ? Ans. That is a question I can't undertake to decide, but leave it for apothecaries and chemists. I don't know much about it. 94th. Whether chloric ether is not to some extent, like chloro- form, dangerous ? Ans. I think it is. Direct^ resumed hy Mr. Dana. 1st. Is your answer to the 51st cross-interrogatory made on the assumption that he suggested to Dr. Morton the total insen- sibility afterwards proved ? if it had been merely a suggestion of some degree of insensibility or unconsciousness, would it have re- quired any proof? Ans. My answer was made on that assumption. If it had been a suggestion of some degree of insensibility or unconscious- ness, it would not have required any proof, because that was knoivn before. I had used it myself to relieve a cough, by hold- ing it and breathing it from a saucer. 2(1. Was it, or not, knovrn before September. 1846, that ether could be inhaled to a greater or less degree of unconsciousness, and no injurious result follow ? Had there been such cases ? Ans. The books stated that it could be. It is so stated in Pereira, there had been such cases. As I have said before, it had been used in Cambridge by the students often. ♦3d. In aiiSn'er to the 60th interrogatory, do you confine your- self to your own knowledge? or do you give an opinion on what you'have read and heard ? Ans. I confine myself to my own knowledge. Br. Jack- 4th. Please refer to your answer to the 62d cross-interrogatory. son's claim If J)y^ Jackson, at the time, did not know, or believe, or expect other than tlie then known and usual results to follow, but only advised Dr. Morton of the best mode of using ether, and the bcBi kind, and Dr. Morton did not act as his agent, or jointly ivith him, but on his own responsibility, what claim had Dr. Jackson as a joint discoverer ? Ans. I should think he would have the claim which a person ^^^ would have who had got that information from books nnd com- municated it to another. 5th. Is your answer to the 62d cross-interrogatory made on the supposition that Dr. Morton acted in the experiments as the agent of, or jointly with, Dr. Jackson, and that Dr. Jackson anticipated the discovery which followed ? Ans. My answer was upon the supposition that he acted in the matter as the agent for Dr. Jackson, without going into the merits of the case, as to whether he did or not. 6th. Do you confine your answer to the 66th cross-interroga- tory to your own knoAvledge ? or do you give an opinion on what you have road and heard ? Ans. I do not mean by that answer to say that he has always done so from the first, but that, generally speaking, he has made that claim. I won't fix any definite time. It grows 7tli. When he began to make his claim, did he claim the sug- riSrovIr*S«st;on or the full discovery. sy. Note Ans. I think only the suggestion. His clamis seenied to have ibis and see increased as the controversy continued. next page. g^i^^ -q^ etherized patients sometimes observe correctly objects about them, and recognise persons ? Ans. In rare cases they are able to recognise and see people before they become fully etherized. 9th. Does this fact alter your opinion that they are still in an unsound mental state ? Ans. iNo, it docs not. 375 Gross resumed hj 3fr. Jackson. 1st. Will joii be kind enoiigli to state wliat is referred to by you in your answer to the second direct resumed, as stated by Pereira, about the inhalation of etbor in reference to unconscious- ness : Ans. It is some time since I iiave read the case which I refer to in Poreira ; but it is my impression that he states that it may be taken for the relief from the pain of chlorine gas. 2d, Since the sixtieth interrogatory did not require an answer confined to your own personal knowledge, will you be kind enough to state how, if at all, you should change your answer to that in- terrogatory, including, besides your personal knowledge, any fact you may have read of, heard of, or known of ? Ans. I had heard that Dr. Morton had tried the effects of ether on himself previously. 3d. '^ Ahvays done so, from the first:" what is meant or in- tended by that phrase in the answer to the sixth direct resumed ? Ans. I do not mean from the first day the experiment was tried. I can't fix any time. After the controversy waxed warm, it is well known that I)r. Jackson laid claim to the joint discovery. 4th. In what way "increased;" and wliat is intended by that answer to seventh direct resumed ? Ans. I mean to- say, that he has laid claim to experiments upon himself, and to the first discovery, which I had not seen or heard of at first. Por instance : his letter to Baron Humboldt — which I never read till within a month — gives a minute detail of an experiment tried upon himself, of inhaling ether, which I had never seen descrilied before, or heard of, although I read all his communications on the subject, and that of his friend, in the early part of the controversy. By the letter to Baron Hum- boldt, I mean thiit contained in the minority report of a com- mittee of Congress, the last year. 5th. Can you state any onQfact now set forth by Dr. Jackson, in reference to the fact that he made the discovery of etheriza- tion, which he did not declare in the fall and winter of 184. 6-' T? Ans. As I have answered in the previous interrogatory, his minute description of the manner in which he took ether he did not declare in the fall and winter of 1846. If ho did, I never heard of them. There are other statements in that letter which are new to me. i)th. When or where did you ever hear or know that Dr. Jack- son stated that he was a joint discoverer, with any one, of etheri- zation ? 376 Ans. I don't know. I can't remember. I don't know that it was the joint discovery ; it might be the sole discovery. S. D. TOWNSEND. Commonwealth of Massachusetts, 1 Suffolk county, / We hereby certify that the foregoing is a true copy of the de- position in perpetuam of S. D. Townsend, taken before us, upon the petition of William T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Two Justices of the Peace and Counsellors at Law. Boston, December 18, 1852. Deposition of Mr. Burnett, apothecary. I, Joseph Burnett, of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, apothecary, of lawful age, being first duly sworn, depose and say, in answer to interrogatories by R. H, Dana, jr., esq., counsel for Dr. Wm. T. G. Morton : 1st. How loDg have you resided in Boston? What is your oc- cupation, and how long have you followed it ? Ans. I have resided in Boston thirteen years at least. I am an apothecary, and have followed the occupation ever since I have been in Boston, as clerk and proprietor ; I have been proprietor nearly eight years. 2d. Where is your place of business ? How long has it been there ? Ans. My place of business is No. 33 Tremont Row, in Boston, and I have always been there. 8d. How long have you known Dr. Charles T. Jackson ? Ans. I have known him by reputation since I have been in Bos- ton, and personally for ten years, I should think. 4th. Did you know anything about Dr. Wells's experiment with nitrous oxide ? If yea, state all you know. Ans. I knew that he advertised that he had such an agent. I next heard that his experiments were unsuccessful ; that he had fiaure! iiivited some physicians and scientific men to witness some experi- ments, which had failed. They were in Boston. My impression is that the place was opposite the Tremont House. 5th. Did you hear of this at the time ? Was it or not, and how far, generally known? WellB's 377 Ans. I knew of it at the time. It was told to me. It was a- matter of general remark. 6th. State when this was, as nearly as possible. Ans. I should think it was in the year 1844 or '5, one of them,. It was one of the passing topics of the day, which I did not fix in my mind. 7th. Have you ever heard Dr. Charles T. Jackson say anything about this experiment of Dr. Wells's ? Ans. I have never heard him speak of it, to my knowledge. He may have made eome remark about it, but, if he did, I have forgotten it. I ought to have said that I don't remember it. oth. Were you present at the experiments at the Bromfield House, November 21st, 1846 ? Who administered the ether ? What was the operation, and who performed it ? Ans. I was present at the operation there, which is published, I believe that is the date. Dr. Morton administered the ether. The operation was the removal of a tumor, by Dr. Warren. Both of the Drs. Warren were there, and I can't state which performed it. I was considerably excited at the time, to witness the opera- tion. The one who did not operate assisted the other. I was watching the effects of the ether, and paying more attention to that than to the operation. 9th. Was Dr. C. T. Jackson present? Did he take any part in the administration of the ether ? Ans. He was present. He did not take any part in the admin- istration of the ether. 10th. Who else was present ? — how many persons in all ? Ans. I could not state how many were present, I should think eight or ten persons ; I recollect the Drs. Warren, Dr. Jack- son, Dr. Morton ; the others I did not know. 11th. Did you have any, and what, conversation with Dr. Jack- son, at or before that time ? Ans. My impression is, that I walked with him to the house ; what our conversation was, I cannot remember. I think I called at his office the day before, on some matter connected with my own buedness, and some conversation took place about going there. I think he began the conversation. My impression is, that he invited or advised me to go, but I am not sure of it. It was about that time that he told me in his office of the pecuniary arrangements he had made with Morton. It was, I think, before that. He told me it was ten per cent, of the proceeds, or the profits, I don't remember which. We conversed very frequently and very freely, but I do not remember the conversations. It was at some later period that he told me he had a bag of oxygen whicb he should take to the hospital, to use in case of danger. He said he apprehended danger in the hands of those who used it. I think the remark he made was, that " they would kill somebody 378 ^-with it." That is ail I remember with siifncient clearness to relate. 12th. How long was this conversation about the bag of oxy- gen, after the experiment at the Bromfield House ? Ans. I can't state distinctly the time. My impression is, that it was late in the fall of '46. I am clearly of the opinion that it was some weeks later than the operation at the Bromfield House, and it might have been months. 18th. How long have you known Dr. W. T. G. Morton? How near is his place of business to yours ? Ans. I have known him since his appearance in Boston. His place of business is ten or twelve doors from me. 14th. After the ether discovery was announced, what did Dr. Morton do towards the general i^itroduction and defence of it ? What was done for or against it by the dentists and others ? Morton's Ans. He labored very constantly and very energetically in em- labors iiiploymg agents, publishing books, advertising. There was a feel- •of ether. ^^ ^^^ of considerable hostility, on the part of the dentists, towards Morton. They held meeting, or meetings, on the subject, and pub- lished a circular, [which I heard one of Morton's agents say he met with in almost every State of the Union.] The circular stated the agent to be ether, and advised persons to whom it was addressed, not to purchase the right, stating that they could use it freely without paying for it. (The part in brackets objected to .J. P. P.) loth. What ground did the dentist take as to the safety and effect of ether ? what did they do on that point ? Ans. At the time of its introduction, there were various opinions about its safety. I have heard some people say it was safe, and others that it was dangerous. The dentists were generally desirous of purchasing it, and generally considered it safe. There were no accidents thatlheard of. The reason attributed for call- ing the dentists' meeting was because Morton refused to sell them his right?, thinking he could control the matter in Boston, and they were rather provoked at that. 16th. Do you recollect any circular of periodical publications, in the newspapers, or otherwise, by Dr. Flagg and others, stating cases, and taking ground on the subject of its safety and effect, and w^hat ground ? Ans. That is the circular which I refer to ; I don't remember to have seen but one, and that one was published in the newspaper, and signed by Dr. Flagg, Tucker, and others. I understood that that circular was published in different forms and distributed. 17th. How much of Dr. Morton's time was devoted to the in- troduction and defence of ether, during the first six months or year afler its introduction ? Ans. I should say almost entirely. 18th. What had been the state of his business up to that time ? what effect had these labors of his upon it ? 379 Ans. It had been at times very tloiirishing, and was I think a growing business. These labors of his injured his business, of course. He neglected it and it fell off. 19th. Had his labors in the matter of ether any, and what effect on his health ? Ans. It injured his health and affected his whole nervous sys- tem, this constant excitement : it rendered him weak, so much so, that he was obliged to employ a physician, he took medicine at that time and active remedies. 20th. Did Dr. G, G. Hayden bring you a demijohn of ether to be examined ? when ? what did you find it to be ? Ans. He did bring me a demijohn of ether to be examined. I remember the fact that it was brought in, shortly after the ether question began to excite public attention. I found it to be not good sulphuric ether, that is, it had water and alcohol in it. I weighed it and found it much heavier than pure ether. 21st. Was there more than one such occasion ? Ans. No, sir. Cross examinaUon hy A. Jackson, Jr., Esq., Counsel for Dr. Charles T. Jackson. 1st. How large was the demijohn referred to in answer to the twentieth interrogatory ? Ans. My impression is that it was a gallon demijohn. It might have been a half gallon or a two gallon. 2d. Who brought this demijohn ? what, if anything was said about it, or its contents, by the bearer. Ans. Mr. Hayden brought it ; he asked me what it w^s. I told that him it smelled and tasted like sulphuric ether ; he inquired if I would tell him if it Avas good or pure. I then weighed it and found it to be not good ; he then asked for my certificate, which I gave. 3d. What was mingled with the contents of the demijohn, if anything besides alcohol and. w^ater ? what examination was made as to the contents, if any besides what you have stated? what reason, if any, was given for gettii-ig a certificate from you ? how much ether was there in the demijohn ? Ans. Probably sulphuric ether was mingled with it. I did not analyze the ether, I only satisfied myseli that it was not good ether. I think one of my clerks tried litinus paper, with the view of seeing if there was acid in it. It is a blue paper and red- dens at the presence of acid. No reason was given for getting a certificate ; I asked for one, and Dr. Hayden laughingly'declined giving one. The demijohn Avas part full ; I could not say whether a quarter or three-quarters full ; there was considerably more in it than was poured out for the examination. 4th. What, if anything, did Dr. Hayden say as to where he got this demijohn, or where he brought it from? 380 Ans. Nothing was said about it, I heard nothing said. 5th. How many, and what, the kinds of ether ? please give some account of the different kinds ? Ans. Sulphuric ether is the most prominent. There is nitrous, acetic, chloric, and a great many other kinds. These are the kinds which are principally used. 6th. What is chloric ether ? how made ? what of ? Ans. Chloric ether is distilled from chloride of lime, mixed with alcohol and water generally. 7th. Whether chloric ether, is a solution of chloroform in al- cohol ? Ans. It may be, there are different ways of arriving at the same result. Chloroform is a concentrated chloric ether. 8th. For the purpose of inhaling sulphuric erher, in a surgical case or an experiment, how much, in what sized bottle would a purchase ordinarily be made ? Ans. Sometimes half an ounce will produce the result, and sometimes a half a pound is required. We generally sell for the purpose of surgical operations or midwifery cases a pound some- times, and sometimes half a pound. In such cases they general!}^ intend to have a supply for a long operation ; the size of the bottle would be a half ounce bottle, fluid measure, or half a pound, fluid, according to the quantity vvanted ; we sell constantly bottles of all sizes. 9th. Do you ever sell sulphuric ether to purchasers, for pur- poses of inhalation, by the demijohn? Ans. Yes, to physicians and dealers, and sometimes to other.?. though rarely. 10th. Whether or not, when so sold, it is intended by the phy- sicians to use the ether so purchased ior a large number of cases or operations? Ans. Yes, undoubtedly. 11th. Suppose a purchaser to come in and ask for ether. What kind of ether would he get ? Whether or not he would get sul- phuric ether ? Is or not sulphuric ether the common kind ? And whether or not this was so anterior to 1846? Ans. We should ask him what kind of ether he would have. If the messenger should not know, we should put him up sulphu- ric ether, so labelling it, and telling him he could exchange it if it was not right. This not unfrequently happens. Sulphuric ether is the common kind, and it was so anterior to 1846. 12th. Whether or not, in the summer and fall of 1846, and an- terior thereto. Dr. Morton was in the habit of obtaining articles from your place, and whether or not he had a bill with you ? Ans. He was in such habit. Sometimes he had a bill; not constantly. 13th. Is there any charge of ether, or of sulphuric ether, in 381 your books, or on your accounts against Dr. Morton, in the sum- mer or fall of 1846 ? Ans. I don't know. 14th. Has or not any examination been made to find such charge, if there was any such? Ans. Not to my knowledge. 15th. Do you know of any sale during that time to Dr. Morton of sulphuric ether ? Ans. I don't know of any positively, and yet I might have sold it to him myself, but I should not be likely to remember. 16th. Whether you remember of any sale during that time, of any sulphuric ether to him ? Ans. I don't remember any. 17th. At the Bromfield House, spoken of in answer to 8th interrogatory, whether you recollect or not that Dr. Morton came in late, when the patient was nearly etherized ? and that Dr. J. Mason Warren administered the ether to the patient ? Ans. I don't remember it. 18th. Whether you remember the name of the patient ? was it Williston ? Ans. I don't remember it. 19th. Whether you remember that when the knife was first used, the patient turned or rolled away from the cut ? Ans. He made some motion ; I thought at the time that he was suffering somewhat, but I very soon after heard him say that he knew nothing about it, but had been perfectly happy. It was some time before Dr. Warren could convince him that the tumor was gone. 20th. Whether you remember that Dr. Jackson stood by the side of the patient, felt his pulse, and talked with him as to any perception of pain when the knife was used, and this after the patient recovered his consciousness ? Ans. I don't remember that. I did not stand near the patient. 21st. Whether or not at the time spoken of by you in answer to 11th interrogatory. Dr. Jackson stated that the first arrange- ment he made with Morton, was to transfer to him, or quit claim to him, the right to use ether, or administer it, for the sum of five hundred dollars? Ans. He mentioned the ten per cent, as an equivalent for the assignment; I so understood it. Something was said by Dr. Jack- son about the five hundred dollars ; I should think it was not at this time. He stated that he had made some arrangement with Dr. Morton, as I supposed, but he was very much afraid he should not get that. These sums were named by Dr. Jackson during the course of the different conversations, but I do not remember veiy particularly their connection. The subject was frequently re- 382 ferred to when I called at Ms office on other business, but I took no note of it, and can^t remeraber distinctly. 22d. Did he say anything of his hostility, or dislike to patents, in connexion with scientific matters ? Ans. He has suHsequently, but think he did not at that time. 23d. In relation to the exygen, did Dr. Jackson say anything of its proposed use to prevent as physic? Ans. Be did. He spoke of it as a remedy for that. 24th. Did he then, or had he previously, said anything to you in reference to the recklessness of Dr. Morton in administering- ether, or of any accounts or reports of disagreeable incidents, arising from Dr. Morton's administration of ether, which had been brought to his notice ? Ans. He had not previously, and I don't think he did then. He might have said it. A short time after he spoke very decidedly of Morton's recklessness and w-ant of knowledge in such matters. 2oth. Whether or not, what was so said, as stated in the last answer, was said by Dr. Jackson in reference to Morton's way or mode of administering ether. Ans. He referred, I supposed, more particularly to that. He gaid he did not consider him a competent person to administer it. 26th. Of how general remark was the matter referred to in the 5th interrogatory ? Ans. I heard it spoken of several times. It would most likely be spoken of in my store, more generally than in other places. Dentists, physicians, and others meet there frequently. 27th. What, if anything, did you know of sales of patent licenses by Dr. Morton? Ans. I knew^ that he made several sales. He sold several thousand dollars worth ; from five to ten thousand dollars worth, and perhaps more, I should judge. He did not get his pay for all that he sold. I know of sales of about five thousand dollars worth. 28th. What, if anything, did you learn from Morton, of the extent of those sales ? Ans. I don't remember to have heard him say anything about it. During the first excitement, he made the remark that his fortune was made, and I supposed it was too. 29th. Did you hear from Dr. Morton, of his sending agents to sell licenses, and the percentage which they were to receive from these sales ? Ans. I knew that he sent agents, but did not know what ar- rangements they made. 30th. Whether, or not, since your acquaintance with Dr, Mor- ton, you have had almost daily business intercourse with him ? Ans. I have up to the last year or two. 31gt. Did you know that Dr. Morton, so long as patent licenses were sold, refused to sell any to the Boston dentists ? 383 Ans. I (lid not know anything about what he might have done after the circular was published ; I heard him say that he had them all, and meant to extract their teeth. I know he would not sell rights, because he meant to control the business, and had fit- ted up a room for the purpose. 32d. Did you know of his statements that he was sufficient for the dentistry of Boston. Ans. I don't remember to have heard him make that statement. 33d. Ey your answer of *• almost entirely,'' to the question of how" much of Dr. Morton's time was devoted to the introduction and defence of ether, w^hether or not you mean the defence and introduction undex his patent? whether you include in this phrase, time devoted to sales of licenses, &c. Ans. I mean the whole. He had engaged clerks and secre- taries to write for him. He had also a general supervision over his business, though he allowed it very little of his time. 34th. Whether or not, after the introduction of ether. Dr. Morton enlarged his premises, and had numerous assistants whom he had not before had ? Ans. Yes. He enlarged his premises, and I remember two or three exti-a assistants. ooth. Whether or not, after the introduction of ether. Dr. Mor- ton's rooms were thronged by persons who wished to avail them- selves of the painless extraction of teeth ? Ans. A great many persons went there to have their teeth extracted without pain. I never saw his room filled. 36th. In answer to 11th interrogatory, it is stated that Dr» .Jackson conversed very frequently and freely, or something to this effect. Whether or not, from the time any controversy arose about etherization, so far as you have heard from Dr. Jackson, has he, or not, uniformly and steadily stated that he was, and that he so considered himself the discoverer of etherization? Ans. Yes. Direct resumed by Mr. Dana. 1st. What did Dr. Jackson say about the five hundred dollars? Ans. It was spoken of in connection w^ith another subject. He- had shown me some sponge gold, which he had prepared in some peculiar way; I asked him to give me a specimen, that I might .show it to Dr. Tuckei-, a dentist. I told him if he approved it, I should consider it an important thing, and should like the refusal of it. He told me that Dr. Hitchcock had partially the refusal of it. He then stated that he doubted whether he should get the five hundred dollars from Morton, or something to that effect. He stated that he had made application for a patent for this sponge gold. 384 2d. Do you know whether Dr. Morton sold rights for notes? and whether the notes were paid, or resisted, and why ? Ans. I know that he sold for part money and part notes, and that some of the notes were paid and some were not . 3d. When did you first hear Dr. Jackson claim to be the dis- coverer of the anaesthetic power of ether ? Ans. It was after the controversy arose between Jackson and Morton, after the pamphlets had begun to appear. I can't slate when I did first hear it. It was during the fall of 1846, that I heard him say that he did not consider himself responsible at all for what Morton might do. It is possible that Jackson might have made the remark, that he considered himself the discoverer before the pamphlets appeared, but it was after the controver}" began. 4th. Did he claim to have discovered all that is now known, or to have suggested to Dr. Morton to try ether? Ans. He claimed to have suggested it to Dr. Morton. There are many new facts about ether which have originated since its first introduction. The subject was not entered into fully. He claimed as the suggester and as the discoverer. 5th. Did Dr. Jackson ever tell you that he had himself made any experiment? Ans. He did not ; I think I heard him make the remark that he had used it himself, but it was some years after the first dis- ^^a,covery. I mean that some years after the discovery was known, I heard him say in my store, that he had used ether upon himself to be relieved from the effects of chlorine gas. 6th. When did Dr. Jackson make this statement to you about his patent for the gold? Did it turn out useful or valuable? Ans. It was in the fall of 1846. It did not turn out practical for that purpose of filling the teeth. 7th. Did Dr. Jackson say that Dr. Morton had any thing to do with the use of this gold ? Ans. No. Cross resumed by Mr. Jackson. 1st. Whether or not, you know that Dr. Jackson withdrew any application he may have made for a patent in reference to sponge gold? Ans. I don't know. 2d. Can you state what led to the remark, in answer to 3d direct resumed, of Dr. Jackson, that he did not consider himself responsible at all for what Morton might do. Had anything been said about his being responsible for what Morton at first did ? \vhether Vv^hat was said by him about not considering himself responsible, was said in connection with Morton's recklessness? 385 Ans. I do not know what led to the remark ; nothing had been said about his being responsible for what Morton at first did. I understood him to mean, with regard to Morton's application of ether. He has spoken of his recklessness repeatedly* Whether he spoke of it in this connection or not, I cannot say. 3d. Whether what you have said in answer to the last question about Morton's application of ether referred to his then daily use of it, or how ? Ans. I supposed it referred to Morton's knowledge, or lack of knowledge of the scientific application of it, enabling him to judge of its effects upon different people and in different forms. 4th. Whether it referred to Dr. Morton's general administra- tion of ether? Ans. I don't know as I can answer this any better than in the last. JOSEPH BURNETT. Commonwealth of Massachusetts, ) Suffolk county y \ We hereby certify that the foregoing is a true copy of the de- position in perpetuam of Joseph Burnett, taken before us upon the petition of William T. G. Morton, under the statutes of this commonwealth. GEO. T. CURTIS, J. P, PUTNAM, Two Justices' of the Peace and Counsellors at Law, Boston, December 16, 1852. 25 Dr, J. JIaso7i Warren' ^ testimony. I, J. Mason "Warren, of Boston, physician, of lawful age. being first duly sworn, depose and say, in answer to interrogato- ries by R. H. Dana, jr., esq., counsel for Dr. Wm. T. G. Morton: 1st. What is your residence and occupation ? How long have they been so ? Ans. My residence is at No. 6, Park street, in Boston ; my occu- pation is that of a physician ; they have been so about twenty years. 2d. Are you, and how long have you been, a surgeon of the Massachusetts General Hospital ? Ans. I am a surgeon of the Massachusetts General Hospital, and have been so about seven years. Relations 3d. How long have you known Dr. C. T. Jackson, and how the parties. Ans. I have known him over tvv'enty years ; not very intimate- ly ; I have met him frequently. 4th. How long have you known Dr. Vvm. T. G. Morton, and how intimately ? Ans. I have knoAvn liim between six and seven years ; not in- timately. 5th. When were you appointed to act as surgeon of the hos- pital ? Ans. In February, 1846. 6t]i. Please to state all your personal knowledge of the nrst use of ether as an anesthetic agent. Ans. Dr. Morton I first saw' in 1846, at the house of Dr. Warren, in Park street, I think, between 1 and 2 o'clock. He came there to show me an artificial palate, I being at that time interested in operations for fissure of the palate. Sometime af- terwards he came there again, about the same horn-, to exhibit to Dr. John C. Warren and myself some artificial teeth, which he said were constructed on a new plan. Sometime after that, in Circum- October, Dr. Warren informed me that Dr. Morton had \)eeTi stances there and informed him that he had discovered an assent for pre- connected . . ^ • ^ ■ ^ ^ • ^i i with the ventnig pam, 1 thmk he said, m dental operations — m dental or first opera- surgical operations — and requested Dr. Warren that he would af- hospital^^^ ford him an opportunity of trying it in a surgical operation. Dr. Warren, after some questions on the subject, promised that he would do so. On Tuesday, which I think was the IStH' of Octo- ber, and after the surgical visit at the hospital, a patient was brought up into the operating room for the purpose of having an operation performed. Dr. Warren then, apparently remember- ing his promise to Dr. Morton, said, "'I now remember that I have made a promise to Dr. Morton to give him an opportunity to try a new remedy for preventing pain in surgical operations," 38: r.ncl asked the patient if he should like to have the operation done without suffering. He answered that he should. The op- eration was therefore deferred until Friday, the 16th of October, when the ether was administered by Dr. Morton, and the opera- tion performed by Dr. Warren. On Friday, being called to Watertown to perform an important surgical operation there, I was prevented from witnessing the operation at the hospital, but the facts in regard to it were stated to me, the same day, by Dr. Warren. On the following day, a woman had the ether administered to her, and, being made insensible, 2d oper- by the request of Dr. Warren, Dr. Hayward performed the ope- ^^^^"* ration, removing a tumor from her shoulder. The ether was administered in this case by Dr. Morton. I was present. The effect of the ether was fully succesful. The next time that I saw „ , ., ^ .,„, the ether given was m the early part oi r^ovember, the seventh putation. day, at which time Dr. Hayward amputated a limb, the patient being made insensible by the ether administered by Dr. Morton. Dr. Warren also removed a portion of the jaw from a female, 4th, remo- who was also rendered insensible by the ether, also administered val of jaw. by Dr. Morton. The next case was a patient of my own, No- vember the twelfth, in which the patient was entirely unconscious, while under the influence of the anaesthetic agent given by Dr. ^th, pri- Morton. This was a female at the west end of Boston, in the^^^^® ^^^""^ vicinity of Myrtle street. The operacion was the removal of a tumor from the arm. I believe that was the first private opera- tion performed with ether, so far as my knovfledge goes. The next time was on the twenty-first of November, on a patient from cth, oper- whom I removed a large tumor of the thigh at the Bromfield ation at House. The ether in this, as in the other cases, was given by ^^o^^^^^^^^ Dr. Morton, From this time until March, I had a series of sur- gical operations in private practice, in many of which Dr. Morton "th, series was present and administered the ether. On the sixth of March, °/ opera- I assisted Dr. Brown in an operation for dividing the tendons in a case of club foot, on a child in Essex street. The child was' Sth, club very timid, and resisted inhaling the ether from the ordinary ap- ^^J^f , °^ * paratus w^hich was then used. We were about relinquishing the ^ " attempt at etherization, when I proposed pouring the ether °on a sponge and placing it over the child's mouth. This was done, and with success, the child being etherized as completely as with the apparatus. On the fourteenth of March, I assisted at the hospital in an operation performed by Dr. Hayward for a -cesieo ^», vaginal fistula. The patient resisted the inhalation from the uui^'^'fi^tSa ordinary apparatus. T, by permission of Dr. Hayward, moistened operation a sponge with ether and placed it over her mouth ; in five minutes ^'Jf '"^ ^^ she became insensible. In the operation, whicli lasted about "■"''"*^^' twenty minutes, and which is, under ordinary circumstances, an extremely painful one, it was performed without experiencincr the slightest degree of pain. Siiortij after this, the spouge was sub- stituted at the hospital for the ordinary apparatus, and has been used there ever since. The sponge used in the earlv cases is now preserved in the hospital in the case with the surgical instruments. The use of the sponge produced a revolution in the use of ether, and was used everywhere. After the use of the sponge, Dr. Mor- ton ceased to administer the ether, and, sometime previously to this, it had been administered at the hospital by someone of the surgeons, or the house surgeon. 7th. Was there another experiment at the Bromfield House, besides the one you have mentioned ? What was it, and who ad- ministered the ether ? Another Ans. There was another operation at the Bromfield House. XomaJid it ^^^^s on the thirteenth day of December. I think Dr. Morton House. administered the ether. The case was the removal of the end of the bone of the middle finger of the right hand. This was after the operation I have mentioned before. 8th. Do you know of any other origin of the substitution of a sponge for the apparatus, except what you have named? Ans. I do not. Some gentleman in Europe discovered the same thing about the same time, before he could have heard of mv using it. It was Dr. Smith, of Cheltenham. Useoi'the ^*^^- ^^^ J*^'^ ^'^'^^^ ^^^^ *^^^* ^^ ^^^^^ '^^ substituted by the advice spoiige Dot of Dr. C. T. Jackson ? suggested Ans. I never did. son. 1^^^- ^^^ J^^ ^^'^^ ^^^'^^' ^^'' ^' '^' Jackson to be present at an expei'iment Avith ether at the hospital ? Ans. I have, a number of times. 11th. When first? Ans. I don't remember the precise time. 12th. Was he present at either of the first three occasions ? His first ap- Ans. He was not present on the seventeenth of October, or pearance at ^j^^ seventh of November. The first time I knew him to be pre- House 7th sent at any operation, Avas at the first operation at the Bromfield November, House. This was the twenty-first of November. f^cSor "" ^^^^' ^^^^^V'<^^% if ai^Jj ^^^^ ^^^ ^^^^ ^^ thiis operation ? How, spec a or. .^ ^^^^ ^^^^ ^^^^ Other spectators ? Ans. So far as I remember, it was simply as a spectator. 14th. What is your experience and opinion as to asphyxia, in. the use of the apparatus and of the sponge ? Ans. I think it is less likel}^ to be produced by the sponge than by the apparatus. It appears to me that asphyxia was rather more frequent when the apparatus was used than with tfee use of the sponge. The cases were easily remedied when we bad the apparatus. There were some one or two severe cases, 15th. Was avoiding asphyxia the object in substituting tbe sponge for the apparatus, or a result obtained since ? 389 Ans. That was not the object, but it was observed since. The principal object of the change was a matter of convenience. 16th. Does it still occur under the use of the sponge? Ans. Occasionally it does. 17th. Did you ever know Dr. Jackson to take any part in the Never administration of ether ? son^to take Ans. I don't remember that I ever did. part in ad- iSth. At the times when he was at the hospital, as you have miDlstering said, did he take any part in the administration of the ether ? Ans. Not as far as I remember ; still, he may have done so. 19th. Please state the first time that you knew anything of Dr. ^'ever Jackson, in connection with the use or discovery of the use of ja^ck^sonN ether ? haying any Ans. I think it was a week after the first trial. Dr. Warren c o n nexion told me that Dr. Charles T. Jackson had informed him that he ^eeV^ after had suggested the use of ether to Dr. Morton. the trial at 20th. Please to state the first instance of your personal know- ^^^^ h©spi- ledge, if any, on that subject. Ans. My impression is, that Dr. Jackson gave me the same information about a fortnight after that. 21st. What was the extent of the claim which he then made ? Ans. I do not remember. 22d. Was the information you received from Dr. J. C. War- ren the first time you heard of Dr. Jackson's connexion with this subject ? Ans. It was. 23d. Did Dr. Jackson, in his conversation with you, claim to impres- have suggested to Dr. Morton to try ether, or did he claim to sion that have previously made the discovery and communicated it, as a "^ ^^ ^ ® P " discovery, to Dr. Morton — or how otherwise — to the best of your ^^ \o^have knowledge ? s u g gested Ans. I don't remember exactly, but I think it was the former, to M. to try 24th. What is your experience as to nitrous oxide gas, as an ^1^^^]^^^^^^ anaesthetic agent ? ler and oth- . Ans. I have never seen it used but once for that purpose, and^^'^^^^'^^^^^S my impresaion then was, that it was not to be compared in its eifects with sulphuric ether. This case was at the hospital, as an experiment, and we have never used it since. It was some time in 1848. 25th. What is your experience and opinion as to chioi'oform, as an anaesthetic agent ? Ans. I think it less safe than ether, and less manageable. 26th. Have you, for the last six years, been engaged in an ex- tensive private surgical practice ? Ans. I have. 27th. What is the result of six years experince in the use of ether, as to safety, certainty, and completeness ? 390 Ans. I have emploved, principally, the last four years, chloric and sulphuric ethers, and I consider, so far as my experience goes, that they are safe, certain, and efficient in their operations. Opinion 28th. In the cases where Dr. Morton administered the ether, ■ how did he conduct the administration, as regards care, skill, and success ? Ans. He administered it very carefully and judiciously, and effectually. Adminis- 29th. What are the respective advantages and disadvantages tration of it of sulphuric ether, chloric ether, and chloroform, as anaesthetic by Morton, , ^r. ' ' careful, ju>gents .^ dicioas and Ans. Sulphuric ether is liable to produce more irritation about effectua]. the air passages than the two other substances ; the odor of it is not so agreeable, and is liable to pervade the apartment, and to be perceived in the clothes and breath of the patient for a long time. Chloroform is more agreeable to the taste, less liable to produce irritation, and much more powerful in its action than the other two substances — that is, acts with more rapidity, but is liable to the objection of not being so easily and safely managed. Chloric ether appears to me to combine the agreeable properties of the chloroform, with the safety of sulphuric ether. ^S^ 30th. By the recipe of what chemist is the chloric ether made which is now in general use ? Ans. Dr. Hayes's. Cross-interrogatories by A. Jackson^ jr., esq., counsel for Dr. Charles T. Jachson. Morton 1st. At how many of your surgical operations, in private prac- adnwnister- tjce, did Dr. Morton attend and administer the ether ? or ^ter^of ^^s* ^ sliould say about eight or ten. I am not perfectly cer- witnesses' tain on that point. private 2d. At how many at the hospital did Dr. Morton attend, to and'fom-''at administer the ether ? hospital. Ans. I remember four. 3d. At the operation spoken of in answer to the 6th interrog- atory, when Dr. Brown performed an operation in a case of club foot, do you remember who were present when the operation was performed, and who administered the ether ? Ans. I have understood, within the last few days, that Dr. Charles T. Jackson, Dr. Morland, and Dr. Buckminster Brown were present, but that Drs. Jackson and Morland did not come into the room until after the patient was etherized. They were not present in the room until after the patient was etherized, on account of the sensitiveness of the patient. I administered the ether on that occasion. 391 4tiu At the operation at the Bromfield House, on the 2l3t of NoYember, was the patient's name Williston ? Ans. I think it was. 5th. Do YOU remember that you administered the ether in Wil- liston's case, on the 21st of November, and that Dr. Morton came in after the etherization was complete ? Ans. No, I did not administer it ; Dr. Morton administered it. 6th. Is this the note bj which you notified Dr. Jackson of this operation ? Ans. It is. It is as follows,—" Dear sir : The operation will be to-morrow at nine, at the Bromfield House. Patient's name is Williston. Very truly yours," signed, "J. Mason Warren." 7th, Whether, or not, chloric ether is a solution of chloroforoa in alcohol ? Ans. As to the true chemical composition of chloric ether, I am not prepared to give an opinion. 8th. Whether you recollect that Dr. C. T. Jackson, soon after the announcement of etherization, brought bags of oxygen gas to the hospital ? If aye, for what proposed purpose were they to be used ? Ans. I think that Dr. Jackson did bring oxygen gas to the hos- pital to administer to patients who had been etherized, in case as- phyxia should occur. 9th. Whether, or not, before Dr. Jackson so brought the bags of oxygen, cases of asphyxia has so occurred that means Y^rere sought for a speedy recovery »f patients so affected ? Ans. There had been one or two cases of asphyxia about the period when Dr. Jackson brought the oxygen gas to the hospital, and I think the question had arisen as to the best means of ob- viating this accident, 10th. Whether you remember that in the fluid (at first its sub- stance being unknow^n) used at the hospital for inhalation, in October, 1846, there was some aromatic substance mingled with it? If aye, what was it? S^f^t^^ Ans. I do not remember it. I did not perceive it. &c., not 11th. Was it anywhere taught, anywhere laid down in the taught or books, before September 30, 1846, that inhalation of pure sul- iif '^^^^^"^ phuric ether could be attended with safety to such an extent as before '4G. to produce insensibility to pain ? Ans. No. 12th. Whether, or not, in your opinion, the purity of the sul- phuric ether from alcohol and acids, and the due admixture of at- mospheric air, are not among the most important particulars em- bfaced in the discovery o£ etherization ? Ans. I should think tliey were- Dr. Jackson once or twice in 392 the course of the first two or three months after October, 1846; mentioned to me the importance of it. 13th. So far as yom know, from the time there was any question made, raised, or discussed, on this point, has not Dr. Charles T. Jackson, always, on all fit occasions, stated and declared himself to be the discoverer ? Ans. He has. 14th. Whether, or not, any person can be the author of a dis- covery m the inductive sciences, without either originating any new idea, or devi^ng the means of establishing the truth of a conjecture, whether more or less probable, previously brought to- view by another person ? Ans. I should think they could not. 15th. Whether, or not, you are familar with the facts and early history of the publication of etherization, in October, 1846, and the winter and spring following ? Ans. I am, with many of them. 16th. Whether, or not, in these different times that you saw Dr. Morton, his knowledge, or want of knowledge, came under your observation ? If aye, what was his knowledge of sulphuric ether and the various kinds of ether, and of scientific or ehemicar matters ? |^^> Ans. He did not express any opinion on the subject. 17th. Whether, or not, you can specify any new idea, connected' with the discovery of etherization, first originated by Dr. Morton, or any new experiment devised by him, by which that discovery was established? Ans. I can simply state that Dr. Morton first administerd the ether, and did it safely and effectually. 18th. Whether or not it frequently happens, in dental and sur- gical operations on etherized patients, that, after total insensibil- ity has passed away, there is a period of consciousness, while there is no sense of pain ? Ans. There is. People frequently become conscious as ether- ization passes off, while they still remain insensible to pain. 19th. Whether you recollect that the operation of November Tth, the amputation was to have been performed on Saturday, , October 31st, and was postponed to Saturday, November 7th ? Ans. I do not recollect. 20th. Is not the etherized state generally one of agreeable dreams ? Is there any stupor or congestion of the brain? Ans. It usually is one of agreeable dreams. I should think in some cases there was stupor, with congestion of the brain. 393 Direct resumed hy Mr. Dana. 1st. Do you recollect Dr. Jackson being present at the opera- tion for the club-foot, independently of what you have been lately tod? Ans. I do not. 2d. By whom, and when, were you told this ? Ans. By Dr. Brown ; within a few days — since I finished my direct examination. 3d. Did Dr. Jackson take any part? In particular, did he make any suggestion about the sponge ? Ans. He did not. 4th. Was the note, mentioned in your answer to the 6th cross- interrogatory, written voluntarily, or in reply to a request ? Ans. So far as I remember, it was voluntarily. .^^^il 5th. Were there other, and how many, gentlemen invited and present ? Ans. There were eight or ten others invited and present. '^SM 6th. When did Dr. Jackson bring the bag of oxygen ? Was it ever used ? Ans. I do not remember when he brought it. It was never «S^ used to my knowledge. 7th. Please refer to your answ^er to the 13th cross-interroga- tory. Do you know of his having made any claim to this discovery before his conversation with you, to which you have referred ? Ans. As I have stated before. Dr. Warren first informed me. ^^^M I had no other knowledge previously to Dr. Jackson's conversa- tion with me. 8th. Did you ever know, and when first, that Dr. Jackson claimed to have been the sole discoverer, some years before, and ^^^'^^ *^^^° to have communicated this, as a discovery already made, to Dr. Morton ? Ans. No ; I know it now from his publications. 9th. Did you at first understand that his claim Avas to have suggested the use of ether, w^hich led to the discovery in Dr. " Morton's hands ? Ans. I so understood it, as I have stated before, from Dr. Warden's information, and from Dr. Jackson's conversations after- wards with me. In my conversations with Dr. W^arren and with Dr. Jackson, I never understood it to be more than a suggestion, so far as I remember. I never understood that he had discovered it previously. 10th. If a person is so far etherized as to be insensible to pain, is he in so sane a state that you trust to what he says about hira- sell? Ans. To a limited extent. 11th. Do you know, of your own knowledge, of any case of a 3?4 person so far etherized as to be insensible, and yet able to pursue a rational inquiry, or to note and observe sensation correctly? Ans. I do. 12th. How far insensible, and what proof of it? Ans. One of these cases has been published in the Boston Medical and Surgical Journal, in March, 1847. The patient re- covered his consciousness soon after the operation had com- menced, sufficiently to inquire how it was progressing, requesting that it should not be hurried, but that the operation should be thoroughly done. This being completed, and the wound dressed, he said that he had been well aware during a greater part of the time what was being done, but felt no more sensation than what would have been experienced from an ordinary examination. 13th. On the 7th of November, 1846, were there more than two operations performed at the hospital under ether? Operation Ans. There was a third operation performed by myself, on a on a child, child, for hare lip. 14th. Was this person you have mentioned, in answer to the 12th direct-resumed, in a natural and sane state while insensible, or only in an active state of mind and senses ? Ans. 1 am not prepared to say whether or not he was in a natural and sane state. 15th. Is insensibility to pain to a moderate extent, and how far a new discovery, in case of drugs, vapors, gases, and liquors ? ^S^ Ans. No. Operations have been performed where perso!is were insensible from the effects of spirituous liquors. Cross resumed by Mr, Jackson. 1st. Whether you remember that, at the time Dr. Jackson brought the bag, or bags of oxygen, the patient then was not asphyxiated, and that, on that occasion, there was no need of any remedies or restoratives, to induce a natural state in the patient ? Ans. I think he was not asphyxiated, so that it was not re- quired. 2d. In your answer to the 3d direct-resumed, it is said that Dr. Jackson did not suggest the use of the sponge. Could he ^S* have, on the occasion referred to, suggested this? On account of the sensitiveness of the patient, did gentlemen come up after the etherization was completed? Ans. He did not suggest it on this occasion. Gentlemen did come up after the etherization was complete. 3d. In reference to the 8th and 9th direct-resumed, will you be kind enough td state what it was that Dr. Warren and Dr. Jackson stated in their conversations with you ? Ans. I have already stated that Dr. Warren told me that Dr. Jackson informed him that he had suggested the use of the ether 395 to Dr. Morton. So far as my memory serves me, the same in- formation was ffiven by Dr. Jackson to me. J. MASON WARREN. Commonwealth of Massachusetts, ) Suffolk County, \ We certify that the foregoing is a true copy of the deposition in perpetuam of J. Mason Warren, taken before us, upon the petition of William T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Tivo Justices of the Peace and Couseiiors at Law. Boston, January 6, 1852. UNITED STATES OF AMERICA ; District of Columbia, \ County and City of Washington, \' ^ ' Be it remembered that on this fourteenth day of January, in the year of our Lord one thousand eight hundred and fifty-three, I, William B. Webb, a Commissioner duly appointed by the Circuit Court of the District of Columbia, under the laws of the United States, to take affidavits and bail, did call and cause to be and appear personally before me, at my office in the aforesaid City of Washington, Josiah D. Whitney, a witness to be examined on the part and behalf of William T, G. Morton, one of the parties to a certain suit or matter of controversy now depending and un- determined. Dr. Charles T. Jackson being the opposing party in said suit or matter of controversy, and the said Josiah D. Whitney having been first duly cautioned and sworn to tell the truth, the whole truth and nothing but the truth, did, in reply to interrogatories propounded by James M. Carlisle, Esq., counsel tor William T. G. Morton, depose and say as follows : 1st. Please to state what is your profession, and what your em- ployment at this time, and of Avhat scientific bodies or societies, if any, are you a member ? Ans. I am a geologist and chemist by profession. I am at present in the employment of the United States, as United States Geologist, and have been since 1849. I am a member of a num- ber of societies — of the American Academy of Arts and Sciences, the Academy of Natural Sciences of Philadelphia, and several others. 2d. Are you acquainted with Dr. Charles T. Jackson, of Boston? If yea, how long have you known him, and were you, at any time, 396 and when, and in what capacity, connected with his laboratory, and were you at any time and when a boarder in his house ? This shows Ans. I am acquainted with Dr. Charles T. Jackson. I was that the quite intimately associated with Dr. Jackson from early in the il'^^^^luch summer of 1840, when I first became acquainted with him, until circniD- May, 1842. During this time I was constantly with him either stances as his assistant on the geological survey of New Hampshire, or as ^wards ^ pupil and boarder at his house, with the exception of a few have' the^^onths during the summer of 1841, when he was engaged in the means of field work of the survey mentioned. From October, 1841, to ^^tTr^^i -^^y? 1842, I boarded at his house, and was engaged in chemical leged dis- investigations in his laboratory, and assisted him in the prepara- covery,&c. tion of his lectures. During the summer of 1845, I made a jour- prior to Dr. j^gy iQ Lake Superior and back in company with Dr. Jackson, and after our return we were together a good deal, until December 1st, 1845. 3d. Have you any knowledge of the circumstances of the acci- dental breaking of a bottle containing^ chlorine in his laboratory, and of any injury to Dr. Jackson by such accident, and of the remedy or remedies used by him, and particularly as to the use of ether ? State all the facts which you may remember in that behalf. Ans. I have no recollection of any accident of the kind. 3d.'' Did you hear Dr. Jackson, or any person connected with his laboratory, or in his family, speak of such accident at or about that time, or while you were boarding with him, or in his labora- tory ? siW ^' th^t •^^^^' ^ ^^^^ ^^ recollection of anything of the kind, he should '^d.^ If any such accident had occurred, do you think you would have been have known it, or heard of it ? ignorant of ^^^j^g^ j j-^^^.^ j,^^ doubt I should, if it had been a serious one, or even as Dr! attended with such peculiar circumstances as those mentioned by J. alleges^ Dr. Jackson in his ^statement to the Hon. W. H. Bissell, Chair- man, &c., and in his memorial to Baron Von Humboldt. 4th. Where were you during the fail and winter of 1846 and spring of 1847 ? Had you any correspondence with Dr. Jackson during that time ? Ans. I was in Germany. I corresponded with Dr. Jackson during that time. 5th. Produce and annex the original letters of Dr. Jackson to you in the latter part of 1846, after the discovery of etherization became public ; particularly, any letter from him first claiming such discovery, and any letters prior thereto and subsequent to the 30th of September, 1846. Ans. I have produced them and annexed them. They haye been by the commissioner marked *' Exhibit A., W. B. Webb, U. S. Commissioner;" "Exhibit B., W. B. Webb, U. S. Commis- sioner;" '^ Exhibit C, W. B. Webb, U. S. Commissioner," m ray presence. 397 6th. Do you know fhe handwriting of Dv. Jackson? Have you seen him write ? In whose hand- writing are the letters produced with your last answer, and are they not wholly in such hand- writing? Ans. I do know his hand-writing and have seen him write, and have no doubt that they are wholly and. entirely in his hand- writing. 7th. Do you know George O. Barnes ? Was he at any time an assistant, or otherwise employed by Dr. Jackson ? Ans. I know him. He was employed by Dr. Jackson as an as- sistant o«i the geological survey of Lake Superior, and had been, before that time, a pupil in his laboratory at Boston. 8th. Had you at any time, and when, a conversation with said Barnes touching his testimony in support of Dr. Jackson's claim to the discovery of ether ? If yea, when and where, and what did said Barnes say touching his said testimony ? Ans. I had frequent conversations with Mr. Barnes during the Note tkis, summer of 1847, on the subject of the discovery of etherization, ^^ ^^ ^^' and in one of those conversations he admitted that his testimony p^^clpal^ bad been re-written for him by another person, and that he had witness, "testified to anything that Dr. Jackson wanted him to.'' JOSIAH D, WHITNEY. Sworn to and subscribed before me this 14th day of January, 1853. W, B. WEBB, U. o\ Commissioner. I, Robert H, Eddy, of Boston, Civil Engineer and Solicitor of Patents, of lawful age, being first duly sworn, depose aad say, in answer to interrogatories by R. H. Dana, jr., esq., counsel for Dr. Wm. T. G. Morton : 1st. W^hat is your residence, and how long have you resided there ? What is your office or occupation, and how long have you been engaged in it ? How largely ? Ans. My residence is the city of Boston, of the State of Mas- sachusetts, and I have resided in such city all my life. My pro- fessional occupation is that of a civil engineer and solicitor of patents, and I have been extensively engaged in such business up- wards of twenty years.. 2d. How long and how intimately have you known Dr. Chailes 398 T. Jackson ? State particularly what had been the relations be- tween yourself and Dr. Jackson before September, 1846 ? Ans. My first acquaintance with Dr. Charles T. Jackson took place in the early part of the year 1836. At that time I was di- rected by the late Hon. Samuel T. Armstrong. Mayor of Boston, to proceed and survey certain lakes or waters, and report on the cost of their introduction into the city. I employed Dr. C. T. Jackson to make sundry chemical analyses of such w'aters, and this was the cause of our personal acquaintance. Soon after the Relations same. Dr. Jackson hired a house adjoining one in Green street, ^*th^^^ i) ^^"^^^ occupied by my father. Caleb Eddy, esq., with whom I re- Jackson. * sided. This produced an acquaintance between our respective families which was of a very intimate nature for several years, and up to the time of the ether discovery. Dr. Jackson and roy- vself, during this period, were on very strong friendly terms. I entertained for him the purest fieelings of amity, and was ever ready to do him, or any member of his family, any fevor in my power to bestow. I have reason to believe I had with him the position of a confidential and very intimate friend. 3d. How long and hovv intimately have you known Dr. W. T. G. Morton ? What was the occasion of your first acquaintance with him? Ans. I never had anything more than a slight acquaintance with Dr. W. T. G. Morton previous to October, 1846. He was a boarder in the family of Dr. Jackson when I first met him, and rny impression is that it was while Dr. Jackson resided in Somer- set street, and not a great while before October, 1846, that I first Relations saw Dr. Morton. I occasionally and rarely met him duiiog my with Dr. visits to the family of Dr. Jackson. I have no recollection of Morton. ^j^^ g^.^^ ^j^^^ j g^^ j^^ Morton, nor the occasion of my first ac- quaintance with him. I have never had much, if any intimacy, other than of a business character with him. and hare rarely met him during the past four or five years. 4th. Please to state, fully, particularly, and in order of time, all your knowledge respecting the ether discovery made known in the fall of 1846 1 Ans. In replying to this interrogatory, I will endeavor to state facts according to the best of my present recollections, and, in order to refresh my memory, I v\'ill refer or have recourse to min- utes which 1 wrote of many transactions in relation to the ether discovery which came under my observation during a few months after its announcement. The said minutes were made very soon after these occurrences happened, and while they w»~re fresh m memory. 399 Within a few days after September 30, 1846—1 think the first History of of Octobei"— Dr. Morton called on me at my office, stated to me ^^^^^^^^^^^^^^ that he had made an important discovery, by which he could ex- with botli tract teeth w^ithout pain, and desired to know from me whether it parties, could be secured by a patent. After replying to him that he must J^J's^^'^f^g. inform me the nature of it before I could give him any definite covery. opinion, he described to me that he used sulphuric ether, by ad- mijiistering it by inhalation in a state of vapor. He informed me that he had extracted a tooth without the person suffering any pain; that the man, after awaking from the sleep in which he had nj been put, found, to his astonishment, his tooth lying upon the floor. I stated tio Dr. Morton that I doubted whether the dis- p^^ ^j^jg covery was really patentable, but that I would consult the law by the sido and such decisions as I couhl, and advise him as to the result, of the as- After this, I saw Dr. Morton not more than once, I think, until p^/^_ ^^ Wednesday, the 21st day of October. In the meantime, I had not claim seen several statements in the newspapers relative to the experi- the dis-- ments performed at the hospital, and had understood from the ^l^i ^^^'^' family of Dr. Charles T. Jackson that he (Dr. Jackson) had some months connection with Dr. Morton in making the discovery. My reflec- after. tions on the subject had led me to the belief that a patent could rpj^j^g^^^^g be obtained. Accordingly, on the 21st day of October I so in- iiow Dr. J formed Dr. Morton, and stated to him that I had understood that became « Dr. Jackson had rendered him some assistance in making the dis- ^^?^^^*^.? covery. I represented to Dr. Morton that, although I considered discovery, it possible to obtain a patent, I did not by any means deem it cer- -'uHder- taiii ; but that, by suitable ami proper exertion, it seemed to me stood from that it could be had. Fe-eling desirous of benefiting Dr. Jackson, of^Di^T.'^ and perceiving that I could do so by being interested in the patent, that he had. I suggested, in view of the professional skill, experience, and ser- "sombcon- vices I might be obhged to render, that the patent, if taken out, ^^^h^^^the should be shared equally between Dr. Jackson, Dr. Morton, and discovery, myself. Dr. Morton replied that he did not know^ w^hy Dr. Jack- not that he son should have any interest, as he had an understanding with ^^'^^ ed it Dr. Jackson to f jlly satisfy him for any advice he might have four years rendered him. He further said that if I would obtain a patent, be fore I he would give me one quarter part of it for my services and ex- penses. In order to satisfy myself as to the position of Dr. Jackson in relation to the discovery and the understanding between him and Dr. Morton, I called on Dr. Jackson during the evening. I learned g^g]jg pj.^ that he was then in the Howard Athenaeum . I immediat£ly went Jackson. into the theatre, and, as soon as I could obtain a good opportu- nity, went into the parquette, w^here Dr. Jackson and his friends were sitting. I informed him that I was desirous of having an interview wdth him on a matter of importance, and would call on him early the next morning at his office. Accordingly, 1 called 400 on him the follo^ving mornmg. I cannot x^ecoiiect the precise conversation which passed between us at this interview, but the substance of it was, that Dr. Jackson informed me that, by the laws of the Massachusetts Medical Society, he would be prevented irom joining with Dr. Morton in taking out a patent, as he would be liable to expulsion from the Society were he so to do. He stated that he intended to make a professional charge of 8500 to Dr. Morton for the advice he had given him, and that Dr. Mor- ton had assented to this. That he did not wish his name con- nected with that of Dr. Morton in any way. That Dr. Morton might take out a patent if he desired it, and do what he pleased with it. This js an I made inquiries as to the assistance rendered Dr. Morton, and explicit ad- ^sked Dr. Jackson whether he had ever tried any experiments to that Dr. J. practically demonstrate the fact that the inhalation of ether would Lad tried prevent pain during a surgical operation. He informed me that Ko J^eri- [jg i^j^j jjQi;^ rj <^as f^|ly persuaded from the conversation I had that ' his *^^^^ -^^* -ackson thought the whole matter of little value. He t'coKNEc- supposed, as he led me to believe, that Dr. Morton might realize tion'-" ^_th sQnae thing from it in his business, and stated his willingness that /.'itarxr Jo= ^c should do what he pleased with it so Ions: as he did not couple no more nis (Dr. Jackson s) name with it. J has always (The part in brackets objected to as mere opinion of the witness. admitted; J. P. P.) I subsequently inquire^l of Dr. Morton whether he had agreed to give Dr. Jackson the sum of $500 for the assistance rendered, as well as for all the doctor's interest in the discovery. He re- plied that such was the case, and that he had agreed to pay him at the rate of 10 per cent, on sales of licenses, until the ^500 was paid. Tet the Dr. Jackson, in our conversation, never mentioned to me of his argument ^^.^^ having made any researches or experiments touchii^ the in- Sr Dr.'^ J. halation of etha- as a preventative of pain in surgical operations, liarp on the the first information I ever had of such being from reading his feQure ofp^^^i'^^^lon in the Boston Daily Advertiser of March 1st, 1847. w)eak° ^The first information I had of Dr. Jackson having performed any such ex- experunent in 1842, was on reading Dr. Jackson's statement in periment5 j^^ Martin Gay's pamphlet, pubhshed about Mav 20th, 1847. when thexe On Friday eVening, October 23d, I visited the''-' Boston Thea- •was no oc- tre ''' in Federal Street, and there saw the Keans in the play en- casion for^j^jg^ a The Wife's Secret." After the performance of said play '^ was concluded, I returned to my residence and there found Dr. Jackson and wife in the front drav^-ing room, in conversation with my parents. At this interview, while conversing on matters per- tinent to the discovery, I urged Dr. Jackson to associate with Dr. * This L5 important, showing that Dr. Jackson had not fjur years be/ore d» eran now, any idea of the important difcorerj. 401 Morton, on the ground that I was confident he was mistaken in his views of what would he the action of the Medical Association, and that by joining in the patent, he would of a certaioity obtain credit as a joint discoverer or inventor ; whereas, should he not do so, he might lose all oredit as in the case .of the Magnetic Tele- graph discovery, v^^hich I understood from him he had suggested to Professor Morse. I also urged on him the peouniary advan- tages wnich would probably result to him. His wife joined with me and said he always threw away every chance of pecuniary profit when it offered. [At this timj, Dr. Jacksoii appeared to This is ut- have so little confidence in the discovery that] he said to me that, ^^^J^^f^^^fiT if Morton would give him hi^ professional charge of $500 for the d^. jack- advice rendered him, he might take the whole of it and do what son's pre- he pleased with it. f?«t Vosi- ^ tion. (The part in brackets objected to as the mere opinion and s?ip- position of the witness. J. P. P.) The isext day, or within a few days after, I called on Dr. Augustus A. Gould, to barn from him the nature of the rules of the Medi- cal Society. He showed me the By-laws, in which I io«und that they only excludsed a member from dealing in secret remedies. I saw at once that there could be no objections to the patenting by Dr. Jackson of any invention he might make, and Dr. Grould ooin- cided with me in my views. After preparing the specification, 1 submitted it to Dr. Jackson, I took it to his house and read it to him. He approved of i,t, in regard to the different kinds of ether mentioned in such specifica- tion. I received no information or commcnicatioa whatever from Dr. Jackson. I have the impression that, at some interview with him, before I commenced to write the specification, I did inquire of him respecting the manner of disguising the smell of ether by perfumes or essential oifs, and Miat he informed me that this could be affected by mixing the ether and essential oil with water, and, by the process of washing, the impurities would subside in the water, while the perfumed ether would rise on the surface. I do not state it for a fact, that I derived even this information from Dr. Jackson, for it is possible that it might have been from Dr. Mor- ton ; but the impression is on my mind that it was from Dr. Jack&on. The specification, as prepared by me and read to Dr. Jackson, was not changed by any suggestions of Dr. Jackson. In fact, whatever information I wanted in regard to the mode of using the ether, I previously derived from Dr. Morton'. The i^maiks in the specification respecting or other ethers besides the sulphu- ric, were made by me after consulting certain works on chemistry which were in my library, I recollect perfectly that after, or just before commencing to write the specifioation, it occurred to 26 402 me that some of the other ethers might possess the narcotic properties of the sulphuric, and that, if I should confine the process to the use of the latter, some person, by simply sub- stituting one of the others, might evade the patent. I therefore examined stiveral works on chemistry, in regard to the modes of preparing ethers, particularly consulting the work entitled Brande's Chemistry ; and, after deriving information from Such, I prepared the specification so as to embrace in it other ethers besides the sulphurio. After reading the specification to Dr. Jackson, I had it copied and prepared so as to be executed by the parties. I recom- mended to Dr. Morton to allow me to insert in the agreement a bond to be given Dr. Jackson by him, ten per cent, on all sales of licenses, instead of ten per cent, until the amount paid would reach SoOO, and I advised him to be liberal towards Dr. Jackson, both in giving him credit and a chance of profit. [In this I was "^^^ . J^ governed by a sincere desire to benefit Dr. Jackson. I also sup- and^^ forci- posed it would be for the interest of Dr. Morton to do so, as I tie, being presumed Dr. Jackson might possibly improve the article used, under oath, qj. produce a better quality of ether than could be found in the 3)r! J.'s un- Ki^rket. During the whole of the transactions relative to the warrant- procural of the American patent, I was governed by a strong able at- feeling of interest for Dr. Jackson. I possessed a desire to obtain thL ^ w?u ^^^ ^^^^ ^^ much credit and pecuniary advantage as I could con- ueas. consistently.] To benefit him, if possible, was a great induce- ment to me to become interested in the patent, and therefore de- part from a rule I had long before adopted and rigidly complied with ; such rule being, never, while exercising my peculiar pro- fession as a Solicitor of Patents, to be pecuniarily interested in any patent, or own any part thereof. That such was a rule of mine can easily be substantiated by reference to the specification of a patent granted on May lOth, 1844, to Denning Jarves and the New England Glass Company. I had a legal right to be in- terested in any patent, but I conceived that, were I to make it a practice to do so, as some other solicitors of patents were in the habit of doing, I might be subjected to improper suspicions, or my clients might infer that, while interested in any invention, I could not give them correct advice on any of like nature. I therefore declined all such interest. Of the expediency of such, I must confess, I at times thought I had some doubts. Circumstances, however, led me to waive my feelings in this instance, and, under the belief that, by being interested in the patent, I could be of service, not only to Drs. Jackson and Morton, but, I may also say, to others, and particularly to Dr. Jackson, I became involved in the matter, beyond what, perhaps, I should have done on further or more mature reflec- tion. I certainly would never have had anything to do with 403 , it, could I have foreseen the trouble I afterwards experienced, and the ill treatment I met with from Dr. Jackson and his associates or legal advisers. (The part in brackets objected to as witness's desires and sup- positions. J. P. P.) On Tuesday morning, the twenty-seventh of October, Drs. Morton and Jackson executed the papers for the American pat- ent. While Dr. Jackson was passing from his office to my own, I told him that I had seen Dr. Gould and he had shown me the laws of the Medical Association; that Dr. Goufd's opinion and mine coincided in relation to vv^hat was meant by the term ^^ secret remedies ;^' that such could not mean patented ones, as they were not secret, the specifications of such being inscribed on the books of the Patent Office, and free to be examined by any person. He replied, ^' Well, if Dr. Gould thinks so, that set- ties the matter with me ; I have no objections to signing the pa- pers with Dr. Morton." I think I give the exact words made use of by him. After reaching my office, he on his part, signed and executed the papers necessary to enable me to procure the patents in the name of Dr. Morton. The petition for this patent was in the usual form, [and I have no reason to believe, and I do not now believe it was ever seen by Dr. Jackson, until he saw and signed it at my office.] (The part in brackets objected to as the belief and opinion of the witness and as immaterial. J. P. P.) I believe it was a printed form, such as I generally used, and was filled up to meet the case, and had the usual printed power of attorney attached. The files of the United States Patent Office, however, will settle this question, as well as the character of the power of attorney. Dr. Jackson also signed an assigment to Dr. Morton of all -his right and interest whatever w^hich he possessed in the invention or discovery, which assignment will be found on record in the United States Patent Office. [I am under the full and entire belief that he never saw this instrument until he vis- ited my office to execute the papers. There existed no special necessity for showmg it to him before, as he had agreed to assign liis interest to Dr. Morton, and the assignment only required to be prepared to meet the case. Dr. Morton being to give him a bond to pay him in accordance with their agreements.] (The part in brackets objected to as the opinion of the witness,, and not testimony as to fact, and as immaterial. J. P. P.) 404 I have lately been shown the printed form of letter, dated Dec. 18th, 1851, and written by Dr. Jackson to Hon. Wm. H. Eissell, chairman of the select committee on the ether discovery. In that communication, I find the following words, viz : "Finding that I was in great danger of losing- the credit of my discovery, 1 was fouiish enough to listen to the advice of the patent solicitGr, Eddy, v\^hom I * lid not at the time suspect of being interested with Morton in his attempts to rob me of my dis- covery, tmd by his pretended friendly advice I allowed my name, under the following protest, to be used in procuring letters ])atent. This document I found was not the one that Mr. Eddy actually sent to the Patent Office, and that discovery led to the investiga- tion proving that Mr. Eddy w^as a co -partner with Mr. Morton. " The protest dictated by me, and written in my presence by Mr. Eddy, was as follows : Dr. Jackson is extremely unwilling to take out a patent for anything applicable to the relief of human suffering; but in order to secure the honor of this discovery, and to coiforni to the laws of his country in transmitting his rights to another, hereby consents, fyc. "Under his usual power of attorney, Mr. Eddy eiltered this as follows, and without my knowing it at the time of signing it. * Dr. Jackson, willing to benefit Mr. W. T. G. Morton, assigns to him his right to the interest, and requests the Couimissioner of Patents to issue the patent in the name of W. T. G. Morton,' or woids to the same effect. Trusting that my injunctions had been faithfully carried out in the papers, I signed them without reading them, and that was the mystery of my name having been asso- ciated vrith th'.it of Mr. Morton in the patent so improperly ob- tained.'^ This is [Such an attempt of Dr. Jackson to make it appear that I im- IS__^"j properly made an alteration in a paper, I can onfy characterize as ^(o-piniov?^ base and calumnious, and i-tterly void of truth. The meie idea of the wit- of such a course never had a moment's existence in my mind, and ness as to j ^-Qst confess it was with the sorrow and surprise that I found motives! ^^' Jackson obliged to resort to such means to support his claims.] (The part in brackets objected to as .opinion of witness, and argument, and not testimony as to any fact. J. P. P.) In regard to the ^^yrotesV referred to by Dr. Jackson, I have no recollection of any such, nor do I believe I ever wrote it. Among the patent papers, the assignment which Dr. Jackson gave to Dr. Morton is the only instrument, I believe, which cOiitains the request to the Commissioner of Patents to issue the patent to Dr. Morton. I have the original rough draft of the assignment, and it was prepared without any consultation with Dr. Jackson 405 as to its form, and contains no sucli v/ords or protest. I Eever had any power of attorney v/iiicli authorized me, to my knowledge, ' to alter this paper, and the only power of attorney I ever had in relation to the procural of the patent was signed ana executed on the day of the sigrdng of the petition and specification for the ])atent, and bears even dale with the assignment. [The truth of the statement of Dr. Jackson that I altered such a paper under a power of attorney, can be judged of when it is known that no such power of attorney ever had existed.] (The part in brackets obiected to as opinion, and not testimony . ™^ ^^' f r ^ 1 -D iy\ X ? ^ jection is of any fact. J. l\ P.) too sharp. The perti- On Thursday, October 29, (it might have been the following, ^^^^y ^^of day,) I had an interview with Dr. Morton at his office, in course ^e^^e jji^gj of which the subject of securing patents in foreign countries was be appa- introduced. I informed him that, as the steamer w^as to sail for^'^^** Europe the next Sunday, if any steps were to be taken in the matter of securing the invention abroad, they must be at once, as by the succeeding vessel, to sail in a fortnight afterwards, I feared the whole matter would become known in England. I informed Dr. Morton that the first introducer oi the invention into Eng- land, or many other foreign countries, was the one entitled to a patent there ; that any person, v/hether inventor or not, could obtain one in England, if he saw lit to make the communication to a person Ihere and pay tlie expenses, such person receiving the communication taking out the patent in consequence of the com- munication and subsequently assigning it to the communicant. The result of this interview was, that Dr. Morton made me a proposition that we should expend to the amount of $200 in taking certain preliminary measures towards securing patents in England and France. So far as right was concerned, I, Dr. Mor- ton, or whoever else w^ould pay the expenses, and run the risk of obtaining a patent in England, could do so through an agent there. [Knowing, as I did, that Dr. Jackson had sold to Dr. Morton all his right, or interest of v^hatever nature, in the invention or dis- covery, and supposing, from what I knew of the business char- acter of Dr. Jackson, that he would be the very last man to incur any pecuniary risk in a matter of this kind, I did not think or dream of having or being under any moral or legal obhgation to have any communication with him relative to it. During the time, I v/as preparing the necessary papers to go out to Europe. I thought I would examine a description of the new laws of France on patents, such description being found in the Repertory of Patent Inventions, No. 20, for August, 1844. I there found that article 29 of said law provided that " the owner or the inventor of an 406 invention which is secured by patent in a foreign country ^ may- secure a patent in France." I also found that foreigners may obtain patents of invention ; but came to the conclusion, from other parts of the said description, that such foreigners must be inventors of what they would patent. Now, as the American patent was not granted, although it had been applied for, and Dr. Morton would be the oioner of it V)hen granted^ I was fearful that Dr, Morton could not, under the position of a JQint discoverer, and applicant for a patent, take out a patent in France. Had the patent in Ameiica been granted, there would not have been any question of the ability of Dr. Morton to take out the patent in France, provided he was not excluded from so doing by other provisions of the French law. Dr. Jackson had assigned to Dr. Morton, all his right, title, and interest whatever, in the invention or discovery. I therefore sup- posed that he could have no possible objections to execute any instrument which would secure to Dr. Morton the very right I had before conveyed to him ; and deeming it advisable, under the circumstances, to have Dr. Jackson unite v/ith Dr. Morton, in order that no objection might arise in France from the fact that a pateii.t had not been granted here ; and, moreover, being very de- sirous of securing for Dr. Jackson, all the credit of being a joint discoverer I possibly could. I inserted his name in the papers to be sent abroad, the same as I did that of Dr. Morton.] (The part in brackets objected to as suppositions, thoughts, dreams, and researches of witness. J. P. P.) The documents consisted of an assignment and power of attor- ney (combined,) together with a copy of the American specifica- tion. On Saturday forenoon, October 31, Dr. Jackson visited me at my office. My impression is that I called on him, and we walked there together. I informed him of v/hat I had done, and requested him to sign the papers. I read them to him fully, and clearly explained them and the object I had in view in requesting his signature. Before signing them, — it might have been after he had done so, — he said, " 1 think I ought to have something for doing thls.^^ My reply was, " How so ? Why, Doctor, you are giving up nothing of importance, are incurring no pecuniary or other risk, and, moreover, as any one can take out a patent in most of the countries of Europe, iy Ay should yon have anything?" He then said, "I think I ought to have something, at least, in such countries where my name may be used or be necessary in getting patents." I replied, ^^ Well, Doctor, this is a subject I have no time now to discuss, I must get my papers into the mail to-day, to go by the steamer to-morrow, and, as I have much to accomplish, I must defer the matter for the present." He said, 407 *' I do not wish to defer it, now is the time." I then asked him Agreemcn what he thought he ought to have. In reply, he said, " he thought ^^^^^ ^^^ he ought to have ten per cent., the same as he had in this coun-the "sole try." " But," said I, " Doctor, you forget, you are incurring no «?^^ origin risk, expending no money, and you must recollect that patents in '^^^ f^^^^cov- foreign countries cost large sums of money. I do not perceive on what ground you have any right to such a percentage ; but really, I have no time to go into the matter now ; if you have any right, and we cannot agree as to what will be satisfactory, I shall have no objections to leave the matter to be decided by a proper re- ference." With this, he appeared perfectly satisfied. After the papers were signed, or the business concluded, Dr. Jackson said, I had better advise Dr. Morton to license the Mas- sachusetts General Hospital to use the discovery, the doing of which would tend to remove any prejudices against it. I replied that I would do so, and afterwards did ; and not only advised Dr. Morton to such effect, but to grant every charitable hospital in the country, the free right to use the discovery for the benefit of the poor. After this interview with Dr. Jackson, I saw and informed Dr. Morton, that, in order to satisfy Dr. JacksoD, I presumed that I should be obliged to give him something. The next day was Sunday, November 1. As I had determined to leave the suc- ceeding day for Washington, I called at Dr. Jackson's house in Somerset street. My intention in visiting the Doctor at this time was to endeavor in some way to satisfy him for any rights he had conveyed to me, if he had assigned any. I did not find Dr. Jack- son at home, and v/as informed that he had left Boston the pre- vious afternoon for Baltimore, or somewhere thereabouts. The n€xt day (Monday) I left Boston, in the afternoon, for Washington; after remaijiing there until the following Saturday, I took the cars at noon of that day for Baltimore. On reaching the statian of the Baltimore and Philadelphia „ railroad, I met Dr. Jackson and Mr. Joseph Peabody on their pj.. j. by jeturn. V^e journeyed together as far as Philadelphia. Stjonthe side of after I had taken my sent in the raiivray car, Dr. Jackson left Mr. p ^ Y^^?^^^' P«eabody and seated himself at my side. I informed Kim the yernothing nature of some of my business in W^ashington, and stated that I is hinted as should be happy as aoon as possible after we should reach home *^ ^^^ P^^" to settle the matter which was still pending between us. I left ^^^^ ^jg, Philadelphia the next morning for New York, and reached Boston coveiy. on the morning of Tuj^day, the lOtli of November ; Dr. Jack- son returned home a day or two afterwards. On my ariival home, I found my professional business had so accumulated during my absence, and my time was so incessantly employed that I could find no opportunity to call -upon or see Dr. Jackson. 408 On Saturday afternoon, November 14, while sitting in my office and engaged in writing, Francis B. Hayes, Esq., called on me. He said at first that he came as a friend of Dr. C. T. Jack- son, and requested permission of me to see the papers signed by Dr. Jackson, and relating to foreign patents, I at once exhibited thera to him. After perusing them he stated to me that he thought Bemunera- Dr. Jackson should receive some remuneration for having signed ed^bv ^Dr' *^^ papers, and that he was his attorney, and had called at the Jackson, * instance of Dr. Jackson. I then expressed much surprise that, not " dis- after I had exhibited such a willingness to arrange all matters 9overy:^^ 10 j^etween Dr. Jackson and myself in a manner right and satisfaeto- patents ' a- ry> ^ {P^- Jackson) should, without having any conference with broad, nie, without calling on me or having any reason to think I would not do all that was right, and speedily do the same, send a lawyer to me. [The friendly feenngs existing between us did not seem to me to warrant such. While I acknowledged his right to take such a course, it seemed to me too much like an attempt to entrap me in some way. I did not like the proceeding and the manner in which Mr. Hayes introduced himself, nor his subsequent conduct.] (The part in brackets objected to as not testimony of any fa€ls, but the thoughts, feelings and opinions of the witness. J. P. P.) I stated to Mr. Hayes that I was not aware of any disposition on my part to be unjust towards Dr. Jackson ; that I had always since ray acquaintance with him, been governed by the most friend- ly feelings towards him, and then possessed no other. I asked Mr. Hayes what he thought ought to be satisfactory to Dr. Jack- son. He replied that he thought that I ought to give him ten per cent, of the net profits abroad ; that if I would do so, every body would say that I had acted fairly. He also said I ought to take into consideration Dr. Jackson's peculiar situation, the ''female influences" to which he was subjected, and ought not to feel of- fended or wounded at any imprudent act of his. I asked him if I gave Dr. Jackson any percentage of any profits, what guaranty I should have that he v/ould not make further de- mands, or do or say something injurious to the interests of those concerned in the patents. He said, in reply, that Dr. Jackson would never dare do so after the papers were executed, which should be prepared by Mr. Charles G. Loring, who was also Dr. Jackson's attorney. I then replied to him that, if Dr. Jackson would fully agree to say or do nothing to the injury of those in- terested, or allow any thing of the kind to be done or said by 409 any one he could control,! would give him (in order to settle the matter and have no further disturbance from Dr. Jackson) ten per- cent, of ??iy portion of the net profits. In order that he mi^ht fully understand me, I stated to him that I could not say whether Dr. Morton would agree to do anything for Dr. Jackson cr not ; that must he a matter he must settle vath him. Just before Mr. Hayes left, he made a remark that ten per cent. on my part and ten per cent, on Dr. Morton's would be twenty per cent. Fearing that some misunderstanding had occurred, I took special care to illustrate what I meant by ten per cent, of my part of the net profits. I said simply, by the way of illustra- tion, and not by any means under the supposition that any such profits would accrue, "If the net profits that may arise shall amount to $100,000, one half of ^100,000 is .$50,000, v/hich will be my share ; ten per cent, of $50,000 is $5,000, or the sum to give Dr. Jackson on my part, provided the net profits are $100,000." " Yes," said Mr. Hayes, " that is it." I was very particular that he should not misunderstand me, and my father, who was present, took up a newspaper, and in the margin of it and in pencil, illustrated the same to Mr. Hayes by figures. Whenever Mr. Hayes said anything to me in regard to Dr. Morton giving the same, I told him that I could not answer for what Dr. Morton would do, but he must make what arrangement he could with him. [Feeling very indignant that Dr. Jackson should have so unkindly treated me as not to have called on me, or made per- sonal application to me, before seiiding to me a le^al gentleman, I called at his house on my way home. He was absent, but soon returned.] I stated to him that I felt v/ounded in feelings by his conduct ; that, from what I had learned he and his friends were saying and doing, I bad reason to apprehend serious consequences would ensue. That if he thought Dr. Morton was in any manner attempting to deprive him of any credit ©r profit, I begged he would not jeapordize my interests and those of my friends abroad, to whom I had written respecting patents, and who v/ould proba- bly take measures to secure them. lie said he certainly would do nothing to injure mt or my interests ; that he was satisfied, as he had seen Mr. Hayes, who had seen Dr. Morton, that all diffi- culties would be arranged. While in conversation the door bell was rung, and my father v*^as announced as desirous of seeing me. He requested me to return home on business. I left with him and was informed that the letters patent had arrived from Washing- ton in the mail of that evening:. (The part in brackets objected to, as not testimony of any facts. 410 The next day, (Sunday, Nov. 15th,) I again visited Di\ Jack- son. The call was made directly or soon after dinner. I found him and his wife in their rear parlor. He was very much e'xcited ; First claim said Dr. Morton was taking steps which would deprive him of cover? '^bv ^^^^^^ ^^ *^^ discovery ; and repeatedly said to me, much to my Dr. J. astonishment, for I had never heard him say anything of the kind before, '' I claim the whole of it ; it is mine — he did nothing but under my prescripHon .'" I begged Dr. Jackson not to set up such a claim ; as, in my opinion, I informed him he never could substantiate it, for he had but little or nothing to do with the mat- ter ; that, by so doing, he would only create an opposition to him and those interested in the patents, that must inevitably result to his and their injury. He then seemed determined to claim the whole merit of making the discovery. I remained during the af- ternoon and took tea with him and his family. In the evening I called at the Winthrop House to see Mr. Hayes. Not finding him at home, I proceeded to Dr. A. A. Gould's, in Tremont street. While there Dr. Morton ca^rne into Dr. Gould's study ; said he had been down to my father's house to see me, and had waited some time. Shortly afterwards Dr. Henry J. Bigelow came and consulted Dr. Morton relative to an article which he (Dr. Bige- low) was preparing for publication in the Boston Medical Journal of Wednesday evening. While reading the article, a step was heard in the entry. Dr. Gould said it was Dr. Jackson's, and it proved to be so. Dr. Jackson entered ; appeared somewhat sur- prised at seeing those present, and somewhat cold towards Dr. Morton. Dr. Gould had previously remarked to me that he thought it very unfortunate that there should be such an apparent misunder- standing between Drs. Morton and Jackson ; that each had been told by various pei-sons that the other had said and done much against him, vvhich probably were magnified representations of what had actually been said and done ; that while two persons kept apart from one another so much, they never could have a good understanding between them; that they had better be brought together, and, by mutual explanations, he had no doubt they would find themselves mutually mistaken. The chance offering for a reconciliation, I stepped up to Dr. Jackson and whispered in his ear ; I told him that then was his This is ^^^^ ^^ endeavor to come to some good understanding with Dr. •wholly in- Morton ; that I did not believe he would find Dr. Morton at all consistent disposed to take any advantage of him ; and that they had better with Dr. explain before those present what were the exact claims of each pretensions ^o the discovery. Dr. Jackson then stated that he had suggested and per- to Dr. Morton to use ether on a refractory patient ; admitted that :fectly con- \^q j^^^j never tried any experiment himself; had never performed Chandler's ^^7 surgical operation by which he ever demonstrated the fact evidence, that the inhalation of sulphuric ether would alleviate pain during 411 a surgical operation ; and, finally, after some mutual explanations on the part of him and Dr. Morton, Dr. Jackson expressed him- self satisfied that he had been misinformed as to what he had been led by others to believe Dr. Morton had said and done ; and was satisfied to rest his claims on the ground of being a joint discov- erer with Dr. Morton. I have a strong impression on my miiid that Dr. Jackson affirmed that he had advised Dr. Morton to get permission to Mse ethe]? at the Massachusetts General Hospital, and that Dr. Morton demurred to this, and said it v/as not so. " But I can prove it," eaid Dr. Jackson. "Well," said Dr. Morton, "if 3^ou can prove it, Doctor, I have nothing more to saj." I dis- tinctly remember the latter remark of Dr. Jackson, and the reply of Dr. Morton. I have also a strong impression on iny mind that Dr. Bigelow hdidi i)xQ proof skcds oi the article he was preparing, and that alterations were made therein, and particularly at the latter part of the article. I do not now remember the particular nature of the alterations made, [but I recollect that Dr. Jackson appeared to be perfectly satisfied with the article after Dr. Bigelow had made the changes.] (The part in brackets objected to, as not testimony of any fact. J. P. P.) Dr. Jackson and myself went towards our respective homes in company. Just before we separated, some remark was made by Dr. Jackson in regard to the percentage. He spoke of re- ceiving ten per cent, from me and ten per cent, from Dr. Morton, and that that would be twenty per cent. I at once remarked that such was not the case ; that ten per cent, of my part of the profits in foreign patents, and ten per cent, of Dr. Morton's only made Xqh per cent, of the whole ; and, in the way of illustration, said, if the profits were $100,000, and my portion were $50,000, ten per cent, of that would be Sd,000. While walking through Howard street with Dr. Jackson, I told him that he ought to be particularly careful in regard to allowing his wife or family to speak or converse with others in relation to the matters between Dr. Morton and himself. That I was satis- fied, and he himself must be, that much tiiftlculty would probably arise were they to do so. He pledged himself to me that hence- forth there should be nothing said ; that I " need not fear, he would take care of that.^'' The next day, (Monday, Nov. 16th,) the day on which the British mail steamer sailed for Liverpool, I received at my office an early call from both Mr. Hayes and Dr. Jackson ; I think Mr. Hayes cam^e first, and afterwards Dr. Jackson. They expressed 412 a determination to have all matters arranged before the steamer should sail, and threatened that, if both Dr. Morton and myself did not come to terms with Dr. Jackson, they would make such communication abroad as would ruin the interest of both of us. They stated that they had letters already prepared which they should forward to France if something was not forthioith done in the matter. I remonstrated against such proceedings as ex- tortionate and unjust, as unwarranted from the friendly relations I had always manifested towards Dr. Jackson, and the exertions I had made in this matter in his behaJf. Mr. Hayes said he had misunderstood the per centage I stated I was willing to allow Dr. Jackson ; that he supposed it was ten per cent, of the whole net profits. I expressed great astonishment at this, after my particular endeavors to explain and illustrate my meaning. Find- ing that I Y/ould not suffer myself to be overreached, they stated that they would forward their communications to France. I then told them to " do it if they would, and take the consequences." If they were disposed, under all circumstances, to adopt such a proceeding, I could say no more. I stated I could see no reason why I should be driven in such a summary m^annej to conclude arrangements with Dr. Jackson. [I had never manifested any disposition to do him injustice, but was ready and willing, so far as I was concerned, if he had any rights in the foreign patents, to accord to him, after a reason- able time and investigation into the matter, what might be satis- factory ; but I did not like the summary attempt to extort from me, as well as from Dr. Morton, a large interest in the foreign negotiations.] (The part in brackets objected to as thoughts and opinions of w^itness. J. P. P.) Mr. Hayes informed me that, if I did not accede to Dr. Jack- son's terms, my reputation vrould suffer, as it was in the power of Dr. Jackson and his friends and counsel to injure me. To this I replied, *'l have no fear of that." My father, who "was present, begged Dr. Jackson to desist from the course he was taking, and stated that he believed him under wrong influence and advice. Dr. Jackson and his counsel still persisting in affirming that they would forward their communications to Europe, and having made what my father deemed an offensive remark, my father spoke up very quickly to me and said, ^-Let them send their com- munications to Europe, if they will do so, and are disposed to be so unreasonable, let them take the consequences," or words to that effect. Dr. Jackson, finding my father very angry at his proceedings, then said he would agree to the terms offered by me, (which were ten per cent, of my portion of the net profits,) and make what arrangement he could with Dr. Morton. I had pre- 413 viously stated that I could not answer for what Dr. Morton would do. I further stated that the condition on which I would agree to give the ten per cent, was, that Dr. Jackson should bind him- self for the future to say or do nothing to the injury of those in- terested in the patents here and elsewhere. This was assented to by Dr. Jackson, he pledging himself that he would make no com- munications to Europe, and gave me to understand positively that none should go out in the .steamer of that day. Mr. Hayes wished me to put on paper and sign w^hat was the purport of our understanding. He drew up a sketch of it, and handed it to me to sign. On reading it, I found it entirely misrepresented the nature of the terms, as it expressed that I was to give Dr. Jack- son ten per cent, of the profits of sales. Finding that Mr. Hayes had presented me a paper to sign, so contrary to our understood agreements, I was so disgusted with the proceeding that I positively refused to sign any paper he might prepare. On Wednesday, the 18th of November, I went to New York, at which place I remained until the Sunday following, leaving there on that day at about 2 o'clock p. m., in the late steamer Atlantic, and reached Boston on Monday morning, the 23d of November. In the afternoon, v/hile returning from my office, I met Dr. Jackson in Court street and opposite the head of Hano- ver street. I stated to him that I had just returned from New York, was ready to settle our matters as soon as convenient to him. He said, in reply, that he could do nothing about it, but should leave all to his attorneys, Messrs. Loring and Hayes, whom I must see if I wished to do anything further. [His manner struck arte as very peculiar, quite different from what I had before observed. Me seemed reserved, or not inclined to converse on any subject.] (TliQ part in brackets obiected to, as the opinion of the witness. J. P. P.) I afterwards called on Mr. Charles G. Loring, and had a con- versation with him. He promised me that, in a few days, or as soon as lie could get through with some insurance cases that he had ui court, he would endeavor to arrange matters. I accord- ingly waited for him to notify me w^hen he would be ready to meet rae on the subject. Not hearing from Mr. Loring for some considerable period of time, I again called on him, and found him engaged in a case in court. I spoke to him there, and he again gave me an assurance that, as soon as he could confer with me relative to the matter at issue between Dr. Jackson and myself, he w^ould do so. On or about the 28th of January, 1847, 1 received a letter from Messrs. Loring and Hayes, in which after sundry statements, they informed 414 me that " under the present circumstances of the case, we think the least that, in justice to yourselves and Dr. Jackson, you can offer is 25 per cent, of the profits arising from the invention both at home and abroad, in settlement of his claim upon you." Also — '^We hope you will see by our suggestions that we wish only to have a fair distribution of the profits of a discovery made among those who cannot, if they disagree effectually sustain the patent, and which, if sustained, promises to give all parties large sums of money for their united co-operation.'' The difficulties which had arisen between Drs. Jackson and Morton, the conduct of the former, together with my not being able to agree with the latter in many of his views on matters per- taining to this subject, caused me to take mei;suies to get rid of all interest in the patent; and, tov/yrds the latler part of Decem- ber, 1846, about six weeks after the date of the American patent,^ and more than five months before June 18, 1847, the date of the affidavit made by me of the letter to the surgeons of the Massa- chusetts General Hos})ital — I transferred all my interest in the American patent to Dr. Morton. As soon afterwards, (viz. on May 31st, 1847,) as I possibly could effect arrangements, I aban- doned to those who held and ovned the foreign patent, all claims on them relating to it. [On Saturday, March 13th, 1847, Dr. Morton called at my oflice. During tho time he was there, he stated that he thought I could not know or be aware of the statements Dr. Jackson was circulating relative to me ; that Mr. J. W. Barton, of the Albion Hotel, had informed him that he had understood Dr. Jackson had stated that I had obtained his signature to a legal document or paper under ^^ false pretences,''' — that I had made a statement ta him of the contents, and that he signed such statement without a previous perusal of it; that afterwards, on examining, it he found it to be different from what I had represented to him. Dr. Mor- ton referred me to Mr. Barton, who, he said, could give me more full information on the subject. Accordingly, about 2 p. m., in company with my friend W. P. Gregg, Esq., I called on Mr. Barton, who corroborated the state- ments of Dr. Morton, and said he (Mr. Barton) received his in- formation from a mutual friend, but he before could feel at liberty to furnish me with his name, he felt bound to consult him and ask his permission. In a subsequent interview with Mr. Barton, he stated to me that the mutual friend was John Hetiry Gray, Esq. With this information, I called on Dr. Jackson and requested an explanation. Not receiving it, I addressed to him a letter sub- stantially, as follows ; 415 *' Boston, March 28, 1847. Dr. C. T. Jackson : Sir : My engagements for a week past have been so very press- ing that I have not been able, until now, to find time to address you respecting the subject relative to which I called at your office on Sunday, the 21st inst. I would now state that I have under- stood there has been a report in circulation, to the effect that I had induced you, under misrepresentations, or false pretences, to sign a paper or papers, which, after examination, you found to be entirely different from what you had been informed by me. I have now to request you to state to me (in writing) whether you or any member of your family, to your knowledge, have ever, in any conversation with any person or persons, given them to understand that you had been thus deceived by me, or whether in any conversation or written document, you ever intended to convey an idea of the kind. As such a statement, if ever made by any onu, is entirelv false, 1 shall expect you to do me the justice to give me such a contradiction of it as will be satisfactory to me or my friends. Respectfully yours, &c., R. H. EDDY.'' In reply to the above letter, I received one in the following terms, from Dr. Jackson : "Boston, March 30, 1847. Robert H. Eddy, Esq.: Dear Sir : A Ifew minutes since, I received your note of the 28th March. I wish to see you a few minutes v/ith Mr. F. B. Hayes, and he informs me that he will be disengaged at any hour we can agree to meet him before 4J o'clock at his office, and will see us in private. Yours, respectfully, C. T. JACKSON." To the abov>e note I returned to Dr. Jackson a reply, as follows : "Boston, March 30, 1847. Dr. C. T. Jackson : Dear Sir : Your not^ of this morning, acknowledging the receipt of my communication of yesterday, (erroneously stated March 28th) is before me. In reply, I have to state that circum- stances will prevent me from complying with your request therein, contiained. In haste. Yours respectfully, r. h. eddy." 416 I waited until the lOth of April, hoping that Dr. Jackson would render me that justice which I sought, but, as it came not, I then wrote to him again, as follows : '' Boston, April 10, 1847. ' " Deaf*. Sir '. Twelve days liaye elapsed since my note to you of the 29th March (dated 28th) was placed in your hands. I have patiently waited from you the statement therein asked—- one which courtesy and justice would require you to have given without a mome«.t's delay, I shall be loth to consider your silence as an admission on your part that you have made asser- tions and spread reports devoid of truth, and injurious to my character ; or that, when such are in circulation, come from whom they may, by not contradicting them, or affording me proper means of doing so, you will suffer them to be believed. I should be sorry to be obliged to view you as guilty of having falsified my doings, for the sake of establishing any claim you have — an act which no well-bred gentleman v;ould commit. "A further continuance of silence on your part will, I think, fully warrant me in conclusions which may lead to consequences that may be far from agreeable to you. '' Yours, respectfully, "R. H. EDDY." " Bt. Charles T. Jackson." I subsequently received a letter in the following terms : *^ 1 Devonshire, corner of State street, '' Boston, April 14, 1847. " Dear Sir : Dr. Charles T. Jackson received your note of Saturday last, just as he was leaving for Washington, and re- quested me to inform you of his absence ; but, by reason of press- ing engagements, I have not found time to call upon you and let you know that, in the hurry of Dr. Jackson's departure, he had not time to answer your letter. " Will you please receive from me this excuse for my tardy compliance with Dr. Jackson's wishes. " Dr. Jackson requested me to ask you for a copy of the peti- tion or solicit for the patent for the "new application of sulphuric ether for relief of pain attending surgical operations," as it was drafted when signed by him ; as well as copies of any papers which he requested should accompany the petition OT solicit. ''If you will please have copies of these papers prepared and send the same to me, I will pay for them as soon as received. " Yours respectfully, "FRANCIS B.HAYES." " R. H. Eddy, Esq." 417 To Mr. Hayes's letter I replied as follows : "Boston-, ^p^illQ, 1847. ^*' Sir: In reply to your note of the 14th instant, I have to in- form you that it would afford me pleasure to comply with your request for a copy of the petition which Drs. Mortan and Jackson signed, could I furnish it. It was, so far as my recollection serves me, in the ordinary form, such as persons generally sign, on making application for a patent, and was by me considered a paper of so little importance that I did not deem it necessary to procure a copy of it. " Yours respectfully, "R. H. EDJ3Y." ^* Francis B. Hayes, '' 1 Devonshire sfre^, Boston.^' I received nothing further from either Dr. Jackson or his attor- ney, in relation to this matter ; ana, as I shortly afterwards ceased to feel any particular interest in the ether discovery, I never troubled myself to obtain from Dr. Jackson a refutation of the charges to which I have alluded. The next time my attention was directed to it was when I read the letter of Dr. Jackson to the Hon. W. H. Bissell, dated Dec. 18th, 1851.] (The part in brackets objected to as immaterial, irrelevant to any material question connected with etherization. J. P. P.) In my letter to the surgeons of the Massachusetts General Hospital, and which was sworn to by me on the 18th of June, 1847, I stated that '* I had found Dr. Jackson tinctured with old and exploded prejudices against patents, and I labored to re- move them." By such prejudices I meant such as have been common to many other persons, viz : that there was an odor of quackery about patents. Dr. Jackson expressed to me no objections to a patent being taken out ; on the contrary, he was willing it should be, provided it could be done without his name appearing in it, or being connected with that of Dr. Morton. I never advised Dr. Morton that /le could take out a patent in his own tmme, but I in- formed him, on the 21st of October, that, from what I had learn- ed, I was of the opinion that the discovery was made conjointly by him and Dr. Jackson, and that the patent, if applied for, must be hj them conjointly. As I never informed Dr. Morton that, as he had made the first application of the discovery, he could take out a patent in his own name. I have to remark that Dr. Jackson never called on me and asked me why I had so advised Dr. Morton, nor did I 27 418 ever attempt to explain to Dr. Jackson that in consequence ot such application, Dr. Morton was entitled to take out a patent in his own name. I never recognized Dr. Jackson as other than a joint discoverer, and whenever I spoke to him of losing credit for the discovery, I meant as a joint discoverer. I did remark to him that I believed Dr. Morton would make application for a patent whether legally authorized to do so or not, and that, -should he succeed in obtaining one without Dr. Jackson's name being mentioned in it, he (Dr. Jackson) might lose what credit he might be entitled to in the matter. My reasons for believing that Dr. Morton would apply in his own name alone were, that I supposed he entertained doubts as to Dr. Jackson being in any respect a joint inventor or discoverer, and that he believed that he (Dr. Morton) was the sole discoverer. Under such a belief, I supposed he would certainly make an application in hir own name. I find stated in the pamphlet pubhshed by the Messrs. Lord, the attorneys of Dr. Jackson, the following words : " It is proper m this connection to state that Dr. Jackson was, in the month of November, 1846, notified by Mr. Eddy, that he had in his possession for him (Dr. Jackson) a considerable sum of money which had been realized from the sale of patent rights, and that Dr. Jackson indignantly refused to accept it." The fact is, I never had, at any one time, in my possession, and for Dr. Jackson, any such sum of money ; neither did I ever give him any notice that I had any. I believe once, when Dr. Jackson expressed to me his fears that Dr. Morton would not faithfully comply with his agreement to pay him the ten per cent, on licenses, and mentioned in the bond of Morton to him, I somewhat jocosely remarked to him that I did not think he had much reason to apprehend any difficulty on that point, as, from what 1 had been informed, I was led to suppose that Dr. jNIcrton's negotiations, then completed, would produce a sum the percentage on which would in all probability nearly amount to that for which Dr. Jackson originally stipulated to dis- pose of his whole interest in the matter ; that the funds would be likeh to pass through my hands, in which case I, as the friend of Dr. Jackson, should be pretty sure to watch over his interests, and see that he was not deprived of that to which he was entitled. An indignant refusal to receive such money was never, to my re- collection, made by Dr. Jackson, as I never notified him that I Wells's ^^^ ^^y ^^^^ ^°^ \n.m. claim — in- About the time I was preparing the papers for the procural of terview be- the patent in this country, I was requested by Dr. Morton to call ton^° and ^^ ^^^ office and see Dr. Horace Wells, whom he invited me to Wells. converse with on the subject. Accordingly, I did call and see 419 him there. At this interview. Dr. Wells doubted whether Dr. Morton could get a patent, as he did not, as he expressed himself, believe the subject w^as a patentable matter. He advised Dr. Wells, so Morton, however, to apply for a patent on the application of far from ether to relieve pain in surgical operations, and, under such ap- any^"fiaim^ plication, sell as many licenses as he could, and obtain as much advises money for it as possible. I believe he said that he had, withhi a Morton to short time, been engaged in some shower bath invention which he *^^^ ^ had made, and which had been very profitable to him, by reason of sales effected under similar circumstances. From the manner and conversation of Dr. Wells at this time, I discovered nothing to lead me to suppose that he was under the belief that such an ap- plication of ether had ever been conceived by him. In respect to Dr. Jackson's early prejudices against patents, I endeavored to overcome them by expressing to him what seemed to me correct and well established views in legard to the pro- priety of every inventor protecting himself in accordance with the laws of his country. Dr. Jackson seemed convinced of the cor- rectness of my views, for he subsequently informed me that, after consultation with a chemist of great reputation, (Dr, Hase, I think he said, was the person,) he had resolved to secure by pa- tent such inventions as he might thereafter make, and, in accord- ance with such conclusions, he sent me the specification of an al- leged improvement on the preparation of gold for filling teeth, and expressed to me a desire to have a caveat filed in it, prepara- tory to making application for a patent. I subsequently received from him a letter as follows : '- Boston, Marck 26, 1847. '' Will Mr. R. H. Eddy please send to me, by the bearer, my letter describing my method of preparing gold for plugging teeth, &c. 'a mentioned to you last Sunday that I did not wish to take out any patent for it, and such are my views at this time. " Your obedient servant, '-' CHARLES T. J4CKS0N." In accordance with the request of Dr. Jackson, I returned to him the letter alluded to by hhn in his note. 5th. You have described a protest which Dr. Jackson says he .dictated and you wrote. Did he dictate to you anv such protest, or any substJintialJy like it, and if so, what? Ans. I have not the most dist«ant recollection of anv such pro- test, and I fully and entirely believe none such ever'had exist- ^'*^'' *^"'' ence. 6th. Did you make any change in the paper which Di. Jack- son signed, after you had read it to him / Or did you change 4C0 any paper which he signed, from the form he dictated to you ? Did you write any paper under power of attorney ? Compare Ans. I have no recollection of making any change whatever in this with any papers Dr. Jackson signed, after he signed them, and I am Jackson's positive that I never made any such change as mentioned by him ; 1 did not write any papers under power or attorney. 7th. Did Dr. Jackson read the papers before signing them ? Ans. Dr. Jackson either read the papers before signing them, or I fully read them to him. I am inclined to think, however, that I read them to him, and afterwards placed them in his hands, or before him, while at my desk. It is a custom with me either to read papers to my clients, or cause them to read them before they execute them — I am very particular in this respect. I have not the least doubt in the world, that Dr. Jackson had a good opportunity to understand the papers before he signed them, for I had not the slightest reason or desire to have him sign them without at first fully comprehending them in every particular. 8th. Did you make any change in them after he read them ? Ans. I am not aware of having made any change in the word- ing of a single paper after it was signed by Dr. Jackson. 9th. What was the extent of Dr. Jackson's claims at the time he signed the papers for the American patent ? Ans. I am not aware that he claimed more than the suggesting to Dr. Morton the use of ether on a refractory patient ? 10th. You have said that Dr. Jackson had told you that he suggested the Magnetic Telegraph to Professor Morse. Did you or not, at the time you made the arrangement between Drs. Jack- son and Morton as to the American patent, suppose Dr. Jackson to have been the true discoverer of what Professor Morse claimed ? Why? (This question objected to as immaterial and irrelevant. Ans. I did suppose Dr. Jackson, at such time, to have been the true inventor or discoverer of the Magnetic Telegraph of Professor eon's cSm Morse, All my information on this subject, however, was de- to Morse's rived principally from the assertions of Dr. Jackson that such Telegraph, ^as the fact. I had never, to my present recollection, read any statement to the contrary. I had understood there had been a coriespondence between Dr. Jackson and Professor Morse, while I was in Europe in the winter of 1S38-9, and I believe Dr. Jack- son sent me, while I was in Paris, a communication on the sub- ject for the French Institute, which I think I delivered or sent to Mr. Elie de Beaumont, then a distinguished professor in the Ecole des Mines. I believe I placed it in the hands of Mr. Elie de Eeaumont during one of my visits to him, but it is possible that I might have sent it to him by post. 421 11th. When yoa advised Dr. Morton to associate Dr. Jackson with him in the patent, did you advise him that Dr. Jackson was a joint discoverer, or that he might be, or how otherwise, and on what evidence did you found this advice? Ans. I advised Dr. Morton that, from what I had understood from Dr. Jackson, I was led to the belief that the matter was or might be considered a joint discovery between them. I had formed my opinion principally from the statements and admissions of Dr. Jackson, he having- informed me that he suggested to- Dr. Morton to use ether, in order to control a patient who was desirous of having some dental operation performed. I also understood that he had made no experiments to ascertain the fact afterwards dis- covered by Dr. Morton. I supposed that had not Dr. Jackson suggested the use of etiier to Dr. Morton, the latter would never have made the discovery. Also, that, had Dr. Morton kept the matter a secret, Dr. Jackson would never have known of the effect discovered. [Thinking the matter one in which both had been engaged, and believing it would be for the interest of Dr. Morton to have Dr. Jackson associated with him in the discovery anjd patent, and feeling inclined to obtain as much credit for Dr. Jack- son as I could with propriety,] I recommended to Dr. Morton that the patent be taken out on a joint invention. (The part in brackets objected to, as feelings and thoughts of the witness. J. P. P.) 12th. How far was this advice a deliberate opinion, and hovf far a matter of caution and poHcy for Dr- Morton, or how other- wise ? Ans. I do not think the opinion was a deliberative one. I have no doubt that I supposed it w^as for Dr. Morton's interest to have Dr. Jackson situated as a co-discoverer; and it was more what [ su[iposed was a matter of policy with him, together with what I imagined to be true, and what I believed to be for the benefit of Br. Jackson, that induced me to advise Dr. Morton to apply for the patents, as he did, viz : as the joint invention of himself and Dr. Jackson. 13th. Did Dr. Morton, or not, ever admit that, in his ov/n opinion, Dr. Jackson was a joint discoverer? Ans. Dr. Morton never admitted to me that Dr. Jackson was a joint discoverer with him, or was, in fact, a discoverer in any sense. [I recollect Dr. Morton's appearance, when I advised him that I thought it was a joint discovery, struck me as strange- lie demurred to it, and said, he did not see why Dr. Jackson should have anything to do with it, as he had made arrangements with him to satisfy him for the advice or assistance he had ren- dered him. I am inclined to think that, at the time, T did not fully 422 corapreheiid the objections of Dr. Morton to being connected with Dr. Jackson.] He, however, afterwards acquiesced in my advice, (The part in brackets objected to, as opinion of witness. J. P. P.) .14th. When Dr. Jackson said, ^' but I can prove it," and Dr. Morton replied, "if you can prove it I have nothing to say," please describe the manner of Dr. Morton. (This question and answer objected to as matter of supposition and opinion.) Ans. The manner of Dr. Morton was such as by no means in- dicated any admission on his part that Dr. Jackson could prove what he stated. I should rather say it was such a manner as a person would naturally assume with a reply to a question or state- ment such as neither admitted nor denied the truth of such state- ment. Cross-interrogatories by A. Jackson^ jr., esq., counsel for Dr. Charles T. Jackson. 1st. Will you be kind enough to state how the answers to the previous questions have been prepared — whether with delibera- tion, with ample time to consider the matters in the questions pro- posed — whether by reference to any publications, books or memo- randa — if any, what — whether with consultations w^ith any per- sons — if any, who ? , Ans. I prepared them with some considerable deliberation, ands so tar as I now know, I had ample time to consider the matter^ proposed ; my references were to memoranda which I have spokcy of in the answers ; and I also had, during the time, a printed cop of my letter to the surgeons of the hospital, which I read over I had before me some other publications, but was not aware tha I paid much attention to them ; I have had no consultation with any one, except that Mr. Dana handed me his questions, and I might have asked him what he meant' by particular parts of his questions, but it was nothing of any importance that I am avvare of. 2d. Will you be kind enough to state in respect to the memo- randa referred to, what these memoranda were, and any matters connected with the making of these memoranda. Ans. Within a few months after the discovery was made, I sup- posed that the time might come when I might find it necessary to freshen my memory in regard to matters connected with the ether discovery, and I therefore wrote out what I recollected of it up to the time of my conferences with Mr. Charles G. Loring. These minutes I have had in my possession ever since. I intend- ed to have continued them at the time, but I have been prevented by occupation or the want of favorable opportunities. 423 od. Is this written statement one continuous narration, or on loose sheets or bits of paper? Ans. It is one continuous narration on sheets of paper not sfitched together. I would not pretend to say that it is one con- tinued narration in the order in which everything occurred, al- though it may have been so. 4th. At what date, as near as you can ascertain, were your first memoranda made ? Ans. I don't remember precisely, but in all probability within the first four or six months after the ether discovery came out, as n£ar as I can recollect. 5th. Have you any objection to permitting me to examine this statement, or narration ? Ans. Not the slightest. 6th. Will you state your position with regard to etherization, and its announcement in the fall of 1846, and its history in the winter following? Whether you wrote, or prepared any pam- phlets, or letters, or communications? If any, what? Ans. The only letter which I now recollect of preparing, 1 think, was the letter to the surgeons of the hospital. T think there was one short letter after that, but I won't be certain. The only position which I had with regard to it, is what I have stated in my answers. 8th. Will you please state your pecuniary position with regard to etherization, what sums you have paid out, if any, on account of this matter, what sums received by reason of any connection with it? Ans. I think I paid out some treasury fee for the patent, and some small amount towards the patent in England. I don't recollect what these amounts were, nor do I remember that I received anything, except that I received from Dr. Morton some two or three hundred dollars, when I settled with Dr. Morton, and assigned over the papers to him. 9th. Will you please state about what was the amount paid out by you on account of patents, or of matters therewith con- nected ? Ans. That would be impossible for me to state at this distance of time, without examination of my papers. It was not much of a sum. 10th, Can you state how on a settlement of what, the amount paid to you by Dr. Morton was made up ? Ans. I was very desirous at the time of getting rid of the whole affair. I became somewhat disgusted with it. I recollect that he made me the proposition to pay me some small sum to transfer to him everything connected with the patent, which I did ; that is, in America. The particulars, I think, will be found in the assignment, which is on record, I believe. 424 11th, When was this, the date of this settlement and paymen*' by Dr. Morton? Ans. I think it was sometime in the latter part of the year 1846, or about the 1st of January, according to the best of my present recollection. 12th. Did Dr. Morton pay you the amount referred to in your answer to 10th interrogatory, in the last of 1846, or about Janu- ary 1st? Ans. My impression is that he did. 13th. After that, did Dr. Morton pay any sum or sums of money to you ? Ans. I think Dr. Morton gave me something like forty pounds sterling to be remitted to England, as a donation on his part to those who had taken out the patent there. That is all I recollect of receiving of him. 14th. When was this done ? What led Dr. Morton to do this ? Ans. I don't remember the precise date. It was sometime in the spring of '47, about May 31st, according to the best of my recollection. It was a donation made by him to those in England who had taken out the patent there, to remunerate them in part for their losses, consequent upon the discussion here in relation to the discovery and the course things had taken. 15th. What led Dr. Morton to do this ? Was this done promptly by him, or after communications to him from you, or did those per- sons write to Dr. Morton ? Ans. I can't state positively, now, all that led Dr. Morton to do this, but I told him that by reason of the course which things took here, I had reason to suppose that they would find them- selves very much embarrassed in their operations relative to the patent. He directed me to discharge all his interest in it. I think he wrote me a note, stating that I might abandon all his interest in it if I thought proper, which I did. He remitted this ium as being about one-third of the expenses which they had been put to in I elation to the matter. It was entirely unsolicited on their part, according to the best of my recollection now. I might have received some letter from them. 16th. Can you state to whom you remitted this, and the date of remitting it ? Ans. I can give that information by examining my letter-book. My impression is that I remitted it to E. J. Coates, esq., of Lon- don. 17th. Had yon remitted or sent this money to the person or per- sons above referred to, before communicating to Dr. Morton about this matter ? Ans. I had not. 18th. Did not the sums, or any of them, paid by purchasers of 425 licenses to use ether, come into your hands or possession, or under your control ? Ans. It is possible that some persons might have paid me mo- neys for Dr. Morton, which I paid over to him afterwards. I have the impression that some did, or that one did at least. 19th. If there were any such payments to you, did you not re- tain the proportion due, belonging and coming to you for your interest in the American patent ? Ans. That I cannot say now, it is so long ago. 20th. Can you state what, or about what, amounts Dr. Morton received from October, 1846, to January, 1847, for sales of patent licenses to use ether ? Ans. I cannot. 21st. Will you please state what Dr. Morton said to you when he called at your office on October 1, 1846 ? Can you recall his phraseology ? Ans. No more than what I have stated in my answer ; that is, I cannot state more than I have, generally, there. 22d. Whether or not. Dr. Jackson called at your office in Oc- tober, 1846 ? If aye, when, and for what purpose? Ans. All that I remember of Dr. Jackson's calling at my office, is what I have stated in my answer. I have no recollection of Iiis calhng at any other time. 23d. Can you state when in October Dr. Jackson called at your office ? Ans. I think it was the time he signed the papers for the Ameri- can patent. It was the latter part of October. 24th. Had not Dr. Jackson called at your office before the 28th of October, 1846 ? Ans. Not to my presient recollection. 25th. Recurring to an evening when you came from the theatre, in October, 1846, and saw Dr. Jackson at your father's residence, whether his wife, and wife's mother, were vrith him or not ? Ans. I remember his wife being with him, but I have no recol- lection of his wife's mother being there. 26th. Can you state what was said by Dr. Jackson about the patent matter on this evening ? Where was the conversation had ? In what room ? Whether the persons present joined in the con- versation ? Ans. The conversation with Dr. Jackson, 1 have stated gene- rally in my direct answers. It took place in the front room. How far all the persons present joined in the conversation, I cannot state ; but I remember Mrs. Jackson's joining in it. 27th. Whether Dr. Jackson stated it was contrary to the prin- ciples of liberal science, for a scientific man to take out a patent? Ans. I could not state at this time. 28th. On this evening above referred to, at about what time did you get home from the theatre ? How long an interview did 426 you have with Dr. Jackson ? Were you alone with him, ia a different room from where you found him and your father when you came in ? Ans. I returned from the theatre directly after the first play was over, between nine and ten o'clock. My impression is that it was nearer ten than nine. My impression is that Dr. Jackson remained there about an hour. T have no recollection of being alone with him in any room. 29th. Whether w^hat conversation you had, on the evening re- ferred to, was had so that those present in the room heard your conversation ? Ans. That I can't remember now. I dare say much of it was heard. I have no recollection that anything was attempted to be concealed in any way. 30th. Whether you remember that Dr. Jackson spoke, then, of his objections to patents ? If aye, can you state what he then said ? Ans. I recollect that he objected to be associated with Dr. Mor- ton in the patent, on the ground, as I understood it, that there was an odor of quackery about patents, and he had a further ob- jection on the ground of what he supposed to be the aotion of the Massachusetts Medical Society. He said if Morton was w^illing to give him five hundred dollars, he might take it and do what he pleased w^ith it. 31st. What was the result of your conference this evening with Dr. Jackson, as to what should be done about the matter of patent ? Ans. No particular result that I recollect. He came to see me, I did not go to see him. 32d. Do you remember that you had, on this evening, any con- versation w^ith Dr. Jackson as to any difference between the scientific and patent law view of discoveries ; if aye, what was this ? Ans. I don't remember of having any. 33d. Do you recollect that Dr. Jackson said that Morton in using ether in extracting the tooth of Frost, acted under his direc- tion, and that you said that, in a technical sense, Morton made the application ? Ans. No, sir, I have not the sli2;htest recollection of anything of the kind ; the fact is, I did not know the man's name. There was no cause for any such conversation that I now recollect of. 34th. Do you remember that Dr. Jackson on this evening, said anything about inhaling ether to prevent the pain in the throat arising from breathing chlorine §as ? ^^* Ans. No. Dr. Jackson never said anything of that kind to me. 35th. On this evening referred to, what was the chief subject of your conversation with Dr. Jackson ? Ans. It was in regard to taking out the patent with Dr. Morton ^ 36th, Whether you witnessed any, and if any, how many opera- 427 tions in the office of Dr. Morton, in October, 1846, and Nove«i- ber of that year ? Ans. I don't recollect now any operation that I witnessed there. It is possible I might have, but I can't say. 37th. Hox many times, so far as you can state it, were you in Dr. Morton's office during the month of October, 1846 ? Ans. I can't state. 38th. Oan you state about how many times, — whether several or a few times, or how otherwise ? Ans. I think now it must have been a few times, not many times. 39th. On the evening at your house above referred to, was anything said about the trials of ether at the Massachusetts Gen- eral Hospital ? Ans. It is possible there might have been something said. I have a vague impression that there was ; I can't recollect the particulars now, if any. 40th. In this evening, did Dr. Jackson speak of transferring the use of it to Dr. Morton in his practice, or of a quit claim to him of this use for five hundred dollars ? Ans. No, sir, not to my remembrance; I understood him to say that he might take the whole matter and do what he pleased with it, upon giving him five hundred dollars. 41st. In preparing the specification for the patent, did you confer with Dr. Jackson, or call on him about the different kinds of ether? Ans. I did not. 42d. Do you not remember that Dr. Jackson spoke with you of one of the kinds of ether, the nitric, mentioned in the patent, that it was dangerous and would produce death? Ans. No, I have no reollection of anything of the kind. 43d. Will you state the amount, the proportion to the whole, of your interest in the American patent ? Ans. I think it was one quarter. 44th. Can you state when the arrangement for this one quarter was concluded, and when the discussion of this, of how much it would be, w^as begun with Dr. Morton ? In what part of October ? Ans. I believe I have stated that in my direct answers. 45th. Will you please state it in this connection ? Ans. I think it was about the twenty-first of October. 46th. Was there any discussion with Dr. Morton as to how much your interest should be: how large or small a proportion of the whole ? Ans. I remember when it was proposed that I should be inter- ested, I suggested that Dr. Jackson should have one-third, Dr. Moj'ton another third, and I another. Dr. Morton demurred to that and stated to me that if I would aid him in the preparation of the papers and getting of the patent, that he would give me one quarter. 428 47th. Do you remember that you stated that you found the Doctor so objecting to patents that you felt afraid he would back out from signing the papers, before you could draw them ? Ans. No, I do not. 48th. Do you remember, in urging Dr. Jackson about the pat- ent, you stated that there being no Academy of Sciences here, the Patent Office was the only place where he could file any papers which would record the discovery in this country ? Ans. I have no recollection whatever of speaking of any Acad- emy of Sciences in any w^ay. I might have given him to under- stand that it would be advisable to join with Dr. Morton in the patent, >as the record in the Patent Office would be of service to Dr. Jackson in the way of proving that there was credit due him in the matter. 49th. What, if anything, do you recall to mind of saying to Dr. Jackson about the secret archives of the Patent Office ? Ans. I don't remember anything. I don't remember why I should say anything to him about the secret archives. I might have said something to him about it in connection with his filing a caveat for an alleged discovery of his in reference to a prepar- ation of gold, such as I have already mentioned. 50th. What, in connection with the ether patent, was said about the secret archives ? Is there any such department, or place, in the Patent Office ? If aye, for what purpose, and how long has it been so in the Patent Office ? Ans. Nothing was said about it to my recollection. There is such a department in the Patent Office, which ha? been established since 1836. It is a part of the Patent Office where eaveats and certain other papers are filed in secresy, in accordance with the law . 51st. In this conversation with you at your house, did Dr. Jacksort say that Morton could not take out a patent, and did you state that he would, for making an application of the use of ether, which, in the eye or sense of the patent law, he had done? Ans. As I have stated before, I have no recollection of having filed any caveat in the matter, though it is possible that I did. I don't think there was one. I have no recollection that Dr. Jackson said that Morton could not take out a patent. I was under the belief that Dr. Morton would apply for one, because I had reason to suppose that he thought he could do so, and I urged Dr. Jackson to associate with him, in order that he. Dr. Jackson, might gain both profit and credit. 52d. What, if anything, do you recollect of saying to the effect that Morton would endeavor for the application for the use of ether, to get a patent ? Ans. I don't recollect of saying anything more than what I have stated generally, I don't pretend to give the exact words. 429 53cl. D® you recollect that you sent word to Dr. Jackson's house that he must come and sign the ether patent papers, before he left for the south, on the day the papers were signed by him. in your office ? what was the date of signing the papers ? Ans. I did not know that he was going to the south, and have no recollection of saying it. I recollect of going up to his place, and walked down with him. He did not tell me he was going away. The papers were signed on the 27th of October. 54th. How many times was Dr. Jackson in your office, to sign any papers in reference to the patent ? Ans, Twice. 55th. How long were you engaged in drawing up the papers for the application for the ether patent for this country ? Ans. I might have been, perhaps, a couple of days — two or three days. I don't remember the exact time. 56th. Can you state how long the papers for the American patent were drawn before October 27, 1846 ? Ans. I cannot, now, probably not more than a day, 57th. Had tliey not been partially drawn, or sketched, and lying aside for some little time, as a week, or ten days? Ans. No, sir. 58th. How many times before this 27th October, had you had interviews with Dr. .Jackson in the month of October? Ans. I can't state beyond what I have stated in the answer to the direct interrogatories. I have no recollection of any other interviews than what I have stated there. 59th. In your interviews with Dr. Jackson before the patent papers were signed, had you spoken to him of the course taken by merchants, who had no personal use of a discovery made by them — to take out a patent and transfer to others? If aye, what was this, as stated by you? Ans. I don't remember anything of the kind. 60th. When Dr. Jackson signed papers on 27th October, 1846, who was present? Why did you go for him? Was Dr. Morton present? Ans. I don't remember of any one being present. It is pos- sible there might have been. I recollect, there was a young man in my office by the name of Leighton, whose name appears as a witness. I probably called him in to witness the signing. I can't say whether Dr. Morton was present. He might have been in before, or after, to sign on his part, or he might have been pre- sent and signed at the time. I went for Dr. Jackson to come down and sign the papers, because they were ready for his sig- nature. 61st. Do you not remember that Dr. Morton was not present when Dr. Jackson signed the paper — that Dr. Jackson then, in signing, said, that Dr. Morton could not sign that, for he had not 430 invented or discovered anything, as stated there in that specifica- tion? Ans. I am positive that he never said anything of that kind. I am rather inclined to the opinion that Morton was not present, though I could not say for a certainty. 62d. Do you remember that, on this same 27th October, or on the next day, you either sent or went for Dr. Morton? Ans. I don't remembei? now about that. I might possibly have sent to him. 63d. Do you remember, that on the 27th or 28th of October, you received a transfer or assignment from Dr. Morton of your interest in the ether patent? Ans. I think the assignment bears even date with the signing of the papers. The date, however, will be found by examining the document. 64th. Was Dr. Jackson present w^hen that assignment was made by Dr. Morton? Ans. I don't think he was. 65th. When did Dr. Jackson first learn from you of your in- terest in the patent ? Ans. I can't recollect that. 66th. Did Dr. Jackson hear of this before November or Decem- ber following ? Ans. I don't know^ when Dr. Jackson heard of that. If I did not mention it to Dr. Jackson, it was from no desire to conceal it from him, and only perhaps from a desire common to every one, to keep his own business to himself. 67th. Do you remember to have had with you, on November 15th, the proofs of an article published by Dr. Henry J. Bigelow in the Boston Medical and Surgical Journal of November 18th, 1846? Ans. I recollect that Dr. Bigelow brought in the article, but whether in manuscript or in the proof-sheets I am not certain. I feel pretty certain that it was the proof-sheets. The only time I ever saw the article was on that evening, at Dr. Gould's. 68th. Do you not remember that, on the 15th November, the Sunday at Dr. Jackson's house, you gave Dr. Jackson a copy of the proof-sheets ? Ans. No, certainly. I never had them. I never saw them till Dr. Bigelow brought them out on that evening, or knew anything about them, to my present recollection. 69th. Do you remember that Dr. Jackson came in at Dr. Gould's while you were there on November 15th ? Ans. Yes, I do. I recollect perfectly well what was said at the time of his coming. 70th. Can you state what he first said, and what those present were doing at the table at the time ? 43i Ans. I cannot state what he first said, nor can I remember what those at the table were doing at the time. 71st. Whether you remember that Dr. Gould said, '*! am glad to see you and Dr. Morton face to face, and I've no doubt but that, if' you state your claims, Morton will fully admit what you state;" and that Dr. Jackson stated, 1st, that he first discovered that the inhalation of ether vapor would produce insensibility to pain ; 2d, that he committed this discovery to Morton, and re- quested him to employ it in the extraction of teeth ? Ans. I recollect to this effect : that Dr. Gould and I had some conversation in regard to matters between Drs. Morton and Jack- son, and Dr. Gould remarked as 1 have stated in my direct an- swers. I do not remember that Dr. Jackson stated- that he first discovered that the inhalation of ether vapor would produce insensibility. I remember his stating that he suggested to Dr. Morton to try it upon a refractory patient. 72d. Whether you remember that Dr. Bigelow said to Dr. Jackson, " Then you claim that Morton was nothing but your tool?" and that Dr. Jackson replied, "An intelligent instru- ment ?" Ang. I do not. -^^^ 73d. Whether you remember that Dr. Gould said anything about its being providential that they who were present had met together that evening ? Ans. I have no distinct recollection of anything of that kind, though I have a faint impression that he might have said some- thing of the kind. 74th. Whether you remember that Dr. Bigelow was urgent about the publication of this article? Ans. I do. He wr^s urgent about having it made satisfactory. It was tfo go to press thi next morning, I believe. 75th. Whether you remember that Dr. Jackson, objecting to his publication, said, that if he did, he should reply to his article? Ans. I do not. 76th. Has not Dr. Jackson, for many years, been retired from all surgical practice ? If aye, how many ? Ans. I can't say. I have so understood it. 77th. For several years, was not Dr. Jackson absent from Bos- ton, much of the time, on surveys ? Can you state on what years he w^as away at Lake Superior, in the employ of the U. S. gov- ernment ? Ans. I know that he was absent much of his time on his geo- logical surveys of Maine, New Hampshire and Rhode Island. I don't know when he was away at Lake Superior. 78th. Will you please look at this paper, and state whether, on the Sunday afternoon of November 15tb, you read it over with J^s* 432 Dr. Jackson, or whether you handed it to Dr. Bigelow, or had any discussion about it with Dr. Bigelow^ ? Ans. I never saw the paper before to my knowledge. I have no recollection of such a paper. (This paper is annex-^d, marked A.) J. P. P. 79th. Referring now to the interview with Mr. Hayes of Nov. 16th, and the previous int« rviews you had with Mr. Hayes, whether, or not, in these, and in the first you had with him con- cerning the matter of the percentage, he stated that he was acting under the advice of Charles G. Lorin^, Esq. ? Ans. All I can recollect is that Mr. Hayes informed me that Mr. Loring was counsel with him. I have stated in my direct answers when he first told me this. 80th. Whether or not, on Nov. 16th, you gave Mr. Hayes as- surances that you would do all in your power to induce Morton to pay ten per cent., and that you had no doubt he would do this? Ans. I have no recollection of telling him all that. I might have stated to him that I would do all in my power to make Dr. Morton do what w^as fair, but I distinctly told him, or gave him to understand, that he must make his own terms with Dr. Morton - 81st. Whether or not you stated to Mr. Hayes, after first dis- cussing this proposition with him, of inducing Dr, Morton to pay ten per cent., that you had seen Dr. Morton, and that he had agreed to do this? Ans. No, sir. I have no recollection of anything of the kind. On the contrary. I have no reason to believe that I made any re- mark of the kind. 82d. Whether or not you knew that the letters referred to in your statement about the 16th of November, were, in consequence of the interview of Mr. Hayes and of Dr. Jackson with you, kept back and not sent to Europe till the next steamer was to sail? Ans. I can't say. I do not know. I have an indistinct im- pression of having heard something of the kind. 83d. Whether you remember, during the early months after October, 1846, in speaking of the expected profits to arise from the sale of " licenses'' to use ether, of saying something, if aye, w^hat, of driving in your carriage from the proceeds of your share in this ? Ans. No, I do not. I don't think I ever made any remark of that kind. 84th. What do jou remember to have said, if anything, just after the patent w^as signed by Dr. Jackson, that you had to de- ceive the Doctor a little, before he would sign the papers ? Ans. Nothing. I have not the slightest idea in the world that I ever made any remark of the kind, for I recollect no cause for such, nor do I believe there ever was such. S5th. What do you remember to have said to Dr. Jackson 433 about his entering- into obligations not to reclaim the patent for a number of years ? What was this ? Ans. Nothing. 86th. What, if anything, about Morton's putting his property out of his hands, so that Dr. Jackson could not get anything from the hand of Dr. Morton. Ans. I don't remember anything. 87th. Do you remember to have said to Dr. Morton that, since Dr. C. T. Jackson had suggested the use of the ether, that his name must be ia the patent, or it would be in danger of being in- validated by Dr. Jackson's testimony, or words to the same effect ? Ans. I probably informed Dr. Morton that under the impression which I then had, that this was a joint discovery, Dr. Jackson's name should be in it, to conform to law. I remember no other statement made to him upon this point. 88th. Did you or not say that it must be patented as a joint discovery, or invention, regarding Dr. Jackson as the discoverer,, and Dr. Morton as making the practical application of it, or words to the same effect ? Ans. I never regarded Dr. Jackson as the discoverer, and there- iure. 4th. Who w^as present ? If Dr. Morton, how much of the time, and what part did he take ? So as to the others ? Ans. The three persons I have named were present, not ail the time, but in and out, about their business in that department. One Mr. Warren, I think they called him. Dr. Warren was in once or twice during the afternoon. I think he was connected with the office in some way at that time, how, I don't know. Dr. Morton was present when I first went there. He went into the room with me. He was there but a small part of the time during the afternoon. He was engaged below. I recollect dis- tinctly the apparatus by which he was called down. He was up several times, and then there would come a whistle through a long tube, and then a call, and he would go down. I don't re- collect that he took any part at all. He told me what he wish- ed me to do before I went there, I received no further instruc- tions from him. The others took no part in the matter, but to give their statements, which I took down.. I sometimes interro- o-ated them, but I remember distinctly asking each of them to give the facts in reference to the discovery by Dr. Morton, in the precise order in which the facts occurred. The reason why I re- member this, and why I so requested them, was, because, from the reports which I had heard of the matter, before I went there, I believed that Dr. Jackson w^as the discoverer, and I went there a disbeliever in Dr. Morton's claims, and I therefore desired to get an accurate statement from them, for my own information, [and I recollect that I came away with my mind entirely changed in reference to the matter.] Mr. Warren came into the 437 room twice or three times during the afternoon, and made some such inquiry as this: *^How are you getting along?" "Do you want any assistance V He rendered no assistance. (The part in brackets objected to. J. P. P.) 0th. Were their oaths taken, and if not, v/hy not ? Did they sign them ? Ans. I think their oaths were not taken. They were not by me. I was not then a justice of the peace, our statute requiring two years' practice before the giving of the commission. I am very positive that they did not sign then, and in my presence. 6th. Did you then know Don Pedro Wilson ? Was he present at any of the times ? Was he, or any person, requested to leave the room, or not to come into it ? Ans. I can't say that I then knew him. I have known him since pretty well. I now know him. He was not present in that room any of the time, to my recollection: and if he had been present, I am sure that I should have recollected it. Neither he, nor any person, was requested to leave the room or not come into it — nothing of the kind. 7th. Did Dr. Morton say anything to any oi the witnesses, or in their presence, respecting the subject upon which they were testifying ? Ans. I do not recollect positively as to that. If he said any- thing, it was but a wor to which he answered affirmatively. pound." 12th. Did he tell you what the composition of this agent was ? When you left him, did you suppose it to be a compound ? Ans. He told me no farther than that ether was usea in it, and that it must be very pure. He gave me reason to think that there were other important elements. I thought it was sulphate of morphia, or some narcotic. When I left him, 1 supposed it to be a compound. 13th. Did he make any, and what comparison, as to their im- portance, between the discovery of this agent and his discovery about the gold ? Ans. He considered the spongy gold as more important to dentists than the ether. The conversation seemed to be confined to dentistry, and did not touch much upon surgery at that time. At this period in the history of the discovery of .ether, it ap- peared to be regarded principally as an affair of the dentists, and that was the reason, probably, that Dr. Jackson did not consider it of more importance. 14th. Was its success in surgery then considered by you as problematical ? How was it treated by Dr. Jackson in that re- spect, if he alluded to it at all ? Ans. Somewhat so, though I inclined to the opinion that it would produce a great epoch in surgery. I was fearful that it would prove a failure. I cannot remember whether Dr. Jackson alluded to it in this respect, or not. Claim of ^^^^' ^^^ ^^ say anything, and what, at this time, about the the magne- ttiagnetic telegraph? [Objected to as immaterial. J. P. P.] tic tele- Ans. I cannot remember distinctly, but I think he claimed to S^^^' have suggested that discovery. [The answer objected to as the thought of the witness, and not a recollection of a fact.] 16th. Had you yourself heard about Dr. Wells's experiment with nitrous oxide gas in Boston ? Ans. I do not remember the.t, at that time, I had heard of Dr. Wells's using nitrous exide gas for the same purpose as ether is now used. 17th. W^ere you present at an experiment at the Massachusetts General Hospital ? Please state all that took place. Ans. I recollect being at the Hospital, to witness operations, when it was said that Dr. Morton's compound was to be tried. As there was unusual delay previous to the surgeons officiating, I learned that the cause of it was an objection to using a patent I 459 medicine, as violating the rules of the Medical Society. The surgeons had retired for consultation upon the matter, and Dr. Henry J. Bigelow soon after appeared, and stated to me that all objections had been removed by a letter from Dr. Morton. Dr. Morton appeared, prepared to administer his agent, and, I think, administered it. 18th. Was Dr. C. T. Jackson present? What reason have you for remembering this ? What, if anything, impressed this, then or afterwards, upon your mind ? Ans. Dr. C. T. Jackson was not present, to my recollection; it did not occur to me at that time that it was surprising that Dr. Jackson was not there ; but afterwards, when a controversy arose between Morton and Jackson as to the discovery, I won- dered that I had seen no more of Dr. Jackson at the operations during the years 1846 and 1847. 19th. In what you have said about Dr. Jackson's reply to your question about nitrous oxide gas and ether, did you and he refer to it as a matter of certainty, or of mere suggestion, or how otherwise ? Ans. As a matter of very great probability ; we, both of us, so considered it. 20th. Whether or not, did Dr. Jackson's answer refer as well t® nitrous oxide gas as to ether ? Ans. It did — rather more so ; my remark referred rather to ni- trous oxide gas than to ether. Cross-interrogatories by A. Jackson, jr., esq., counsel for Dr. Charles T. Jackson. 1st, Can you recall, so as to state what Dr. Jackson said at the hall, you having referred to this in your answer to the fifth direct interrogatory, where you said Dr. .Jackson stcited what be chose ? Ans. No, sir ; I could not possibly recall the words, nor can I recall the substance, the information has become so mixed with what I have subsequently heard. 2d. Whether you can now recall the conversation with Dr. Jackson in the walk with him, so as to state whether he said to you that he told Morton that the ether must be given in a large volume, at once, suddenly, to produce its effect? Ans. 1 have no recollection that he told me any such thing. 3d. Whether you remember speaking, in this walk with Dr. Jackson, about Wells anc! his experiments? Ans. Not to my recollection ; I presume I did not. 4th. Whether, in this walk, Dp. Jackson said that the ether must be washed to rid it of its impurity ? Ans. He either told me so, or knowing ermitted us to hope, that it will be the same in many sim- ilar cases? Does it not permit us to establish as a principle, that it is not indispensable to push the etherization until sleep has been brought on ? Are we not forced to think that the etherization, when carried beyond sleep, even to general coldness or to feeble- ness of pulse, is dangerous ? In fine^ is it not permitted us to hope that it will frequently be sufficient simply to produce a gen- eral numbness, even without sleep, in order to geatly diminish the pain of operations and render them very supportable? It is on this account that I have not endeavored to produce profound sleep in the cases which I have related, but have hastened to operate. The foregoing is the statement referred to in the 27th cross-in- terrogatory, as annexed and marked A. J. P. PUTNAM. B. Salem, April 28, 18 4d. Dear Sir : My first knowledge of the ansesthetic effect of ether was derived from a conversation with Charles T. Jackson, precediDV*^ at a meeting of the American Academy at their room^ on the day exammat'n of Judge White's eulogy on Mr. Pickering, sometime in October, ^^^^ ^^?5 1846. We walkati together in the procession and I was very conversa^'^ eager to learn the practical application of this new agent. Dr. tion. Jackson was free in his communication, spoke of the plan of patenting with dislike — cautioned me with great care, against using impure ether, stating that perfectly pmre sulphuric ether was mainly the agent employed — compared its effect with that of nitrous oxide gas, which he averred might be used for the same object, and satisfied me so well that the new discovery was worth trying, that I took tf>e first opportunity of an important operation to try its effects. This was the extirpation of a fatty tumor, and occurred on the 14th November, 1846, in the pres- ence of many of the Ikculty of the neighborhood. I send the foregoing statement in consequence of your request made to my son, and remain. Very respeetfullv, your obedient servant, A. L. PEIRSON. Mr. Henry C. Loud. 468 The foregoing is the copy of the letter referred to in the ques- tion and answer — fortieth cross-interrogatory, as annexed and marked B. J. P. PUTNAM. Commonwealth of Massachusetts, ) Suffolk. ] ^^' We hereby certify, that the foregoing is a true copy of the deposition in perpetuam. of A. L. Peirson, taken before us upon the petition of Wm. T. G. Morton, under the statutes of this Commonwealth. GEO. T. CURTIS, J. P. PUTNAM, Two Justices of the Peace and Counsellors at Law, Boston, January 14, 1853. LETTER FROM MR. POORE. To the Hon. Mr. J. jp. Walker-, Chairmcm of the Select Coin- mittee : Sir : The ether question having been made the topic of con- interest- versation, a few evenings since, at a dinner party given by the ing account British minister, some remarks of mine so interested Gen. Shields, [^^es^of^the that he requested me to communicate them to you, as Chairman French of the Committee on the Discovery. At that time, I would state. Academy I had not seen either Dr. Morton, Dr. Jackson, the agents of the ofSciences. Wells' heirs, or the attorneys of either party, for a year, and what I now testify is elicited by a desire to combat persecution and fraud. At the commencement of the year 1847, I resided in Paris, where I had been engaged for some years as *' Historical Agent of the Commonwealth of Massachusetts," and correspondent of the " Boston Atlas." The latter occupation led me to pay espe- cial attention to every thing American, and to watch the action of the Academy of Sciences on all home questions. I have re- freshed my recollections by reference to the files of the '' Boston Atlas," and the " Contes Rendus," or printed journals of the Academy of Sciences. The ether question first came up before that body on the 18th of January, 1847, when M. Elie de Beaumont read the contents of a sealed package which he had deposited on the Secretary's table on the 28th of December, 1846. This contained two letters from Dr. Jackson, one dated Boston, Nov. 13 — the other Boston, Dec. 1, 1848, in which he claimed to have remarked the proper- Why did he ties of ether five or six years previous, and then said : " I have l^eep silent latterly turned this discovery to use by inducing a dentist of this ^^ ^^qq'q^, city to administer the vapor of ether to persons whose teeth he Warren's was going to extract. It was observed that no unpleasant con- statement sequences attended the administration of ether, and I then advised ^' ^^^' this dentist to go to the General Hospital of Massachusetts," &c. No sooner had these letters been read, than Dr. Velpeau, an eminent surgeon, rose and expressed his surprise that M. De Beau- mont should thus profess to divulge a secret. It was no secret. A letter from Dr. Warren, which he had received a month pre- vious, disclosed the whole matter, and in the middle of Decem- ber, (before Dr. Jackson's letters were deposited on the table,) Dr. Willis Fisher, of Boston, then studying in Paris, had proposed to administer ether to patients at the hospital of La Charite. 470 Meanwhile Dr. Morton's claims were unknown, but some American papers were received, in which a Dr. Marcj claimed the discovery for a Dr. Horace Wells. This gentleman was in Paris, purchasing cheap pictures from the students who copy at the Louvre, and, if I mistake not, stuffed birds for an exhibition. I met him several times, soon after his arrival, but never heard him allude to the discovery, much less claim it. A Mr. Ducros also claimed, with much pertinacity, to have dis • covered the properties of ether as a pain-annihilator, in 1842; and, towards the last of January, Dr. Morton's claims were set forth in one of the newspapers — " La Presse,^^ I think. The claims of Mr. Wells were sustained by Dr. Brewster, an Ameri- can dentist of warm impulse, who claimed to have '*' drawn him out," and were endorsed by an English medical debating club, of which Dr. B. was a patron. The editor of Galignani's Messen- ger, Mr. Merle, (a personal friend of Dr. Brewster,) published Mr. Wells's letters. Dr. Velpeau, at a sitting of the Academy, wished that "these questions of priority could be set one side — they did not appear to have any fo^mdation. To announce that one has stupified, or put to sleep, some dogs or hens, is no information at all, because the action of ether has been known for fifteen, tw^enty, thirty years or more. Medical dictionaites, treatises on legal medicine — especially those of M. Orfila, and the Toxicology of this last- named author, in particular — indicate it formally. What is new, is the proposition to render patients, upon whom operations are to be performed, insensible to pain by means of the inspiration of ether. No person, to my knowledge, had made this proposition before M. Jackson, and no jierson, before the dentist Morton, had applied these means to suffering man." This was the first mention of Dr. Morton's name in the Acad- emy, and Dr. Velpeau had only seen Dr. Warren's letter. At the next gession, M. Magendie, in alluding to the discovery, speaks of it as " announced by an American dentist," without any allusion to Dr. Jackson. This impromptu recognition of Dr. Morton, as the one who first rendered the qualities of ether of practical use, brought over a volley of missives from Dr. Jackson and his attorneys. A common sewer of abuse was poured forth upon Dr. Morton, who was denounced as having committed every crime, except murder ; and, when his pamphlet arrived, most Americans w^ere prejudiced against him. I have a letter from Mr. Walsh, then United States consul, in which he declines considering Dr. Morton's claims; and a friend of Dr. Jackson's made personal application to me, to send nothing for publication in the Boston Atlas which would even recognise Dr. Morton, whom he denounced as an illiterate ouack, of infamous character. 471 Meanwhile Mr. Wells did not appear before the Academy, the recognised scientific tribunal, and his statements were very vague. He aTOwed his preferences for nitrous oxide, or laughing gas, to ether, and stated that the insensibility to pain was the res^ult of mere intoxication. This Mr. Merle alluded to, in his report of the proceedings of the Academy, of February 15, in Galignanfs Messenger, embodying an account of an operation on the eye of an English groom, by Dr. Laugier, who stated that the patient, having taken ether, was in a state of wild intoxication, and gave unequivocal signs of tRe sensation of pain. ''This fact," adds Mr. Merle, " is at variance with the opinion of Dr. Wells, who supposes that men, in a state of intoxication, are almost insensi- ble to pain from the infliction of wounds." Dr. Wells made no reply ; he left for the United States towards the last of February, and sailed from Liverpool, in the Hibernia, for Boston, on the 4th of March. On the 8th of March, 1847, his memoir was read before the TMs num- Academy. Among other statements, he asserted that, " until jn^diJeJent the month of February, 1845, 1 extracted teeth from twenty-five statemeats patients, without giving them any pain — invariably using nitrous oxide, as more agreeable to inhale than ether." The secretary, on reading this statement, said that it would not be examined by the committee until substantiated by proofs. This remark was in the printed report, and was sent to Dr. Wells, but I have never heard that the proof was sent. Indeed, it would have been difficult to procure. On the 22d of March, another communication from Dr. Jack- son w^as read before the Academy, in which he ridicules the pre- tensions of Dr. Wells, and denounces him savagely. Another parcel of documents from Dr. Jackson were read be- fore the Academy on the 5th of May, and added to the obloquy cast upon Dr. Morton. At length, on the 17th of May, documents arrived from Dr. Morton, whose claim was not first before the Academy, where Dr. Jackson had, for months, had opportunities of forestalling Seo Ham- public opinion. From that time the statements of Drs. Morton den & Co'a and .Jackson were regularly received, although in April, 1848, ^®**^'' P' ®' we find in the report a complaint by the secretary, that Dr. Mor- ton's documents miscarried on their way. You w^ill see, sir, by the above facts, that Dr. Wells did not go to Paris to assert any discovery — that he did not appear be- fore the Academy of Sciences whilst he was in Paris — that his statements varied — that he was cited to produce proof of his as- sertions, and never produced it. You will also see, sir, that Dr. Jackson completely forestalled Dr. Morton before the Academy, and had an opportunity, through his friend Elie de Beaumont, to win the confidence of the Aca- 472 demicians, whilst he and his friends did all in their power to de- fame and to degrade Dr. Morton. It was a great triumph for the latter, after all this, to receive the gold medal of the Acade- my, for he had to contend against prejudged public opinion. I might, sir, state facts which have come to my knowledge concerning publications made in scurrilous American papers by Dr. Jackson's emissaries against Dr. Morton — a line of conduct which can but enlist in Dr. Morton's behalf the sympathy of every gentleman. But my object was to show how the question was first presented to the French Academy and public, and I will go no further. I have sent a copy of this t© Dr. Morton, and can substanti- ate, if necessary, every statement which it contains. Respectfully, BEN : PERLEY POORE. Georgetown, D. C, January 20, 1858. P. S. Since the above was written, I see that the Honorable attorney of Mrs. Wells has presented Dr. Jackson's petition in the Senate, which confirms the report of a " coalition" between them to defeat Dr. Morton. This is curious, taken in connexion with with Dr. J.'s letter read before the Academy, March 22,. 1847, and the following paragraphs, which I copy from an origi- nal letter, written by Dr. J. to a friend in Paris : — "Boston, March 29, 1847. H. Weils, of Hartford, a miserable advertising quack, formerly a partner of Morton's, has lately been to Paris, and has entered a reclaimer for the discovery of inhalation of ether, on the pre- tence that he has used exhilerating gas for the intoxication of his patients from whom he extracted teeth. He claims my dis- covery as similar in principle, and the rascal pretends to have suggested to me the idea of administering ether vapor. That is an outrageous falsehood, and we can prove him a liar from his own words. See his letters published in the Hartford Courant, Journal of Commerce, Herald, &c. Morton has a letter which Wells wrote after the patent had been applied for, stating his disbelief in the effects of ether. I have not read the letter, but Dr. Gould has, and has told me its contents. Two years ago Wells endeavored to extract teeth from persons to whom he had given the exhilerating gas. (protoxide nitrogen) but he failed, and said it was because people laughed so that the patients would not behave properly. He was laughed at for his pretensions and left Boston. No one ever believed in his story, and I never heard that any one ever attempted to repeat the ex- periment. I asked Morton to try it, but he said *'It would not succeed. Wells could never make it go." Do set this matter right in Paris, so far as you can, and oblige. Your friend, C. T. JACKSON." DEBATE IN SENATE. DEBATE IN THE UNITED STATES SENATE, SATUR- DAY, AUGUST 28, 1852, ON THE ANESTHETIC PROPERTIES OF SULPHURIC ETHER. EEOM THE APPENDIX TO THE CONGRESSIONAL GLOBE. The Senate having under consideration the bill making appro- priations for the support of the Army for the year endmg June 30th, 1853— Mr. BORLAND, from the Committee on Military Affairs, sub- mitted the following amendment, to come in after the appropria- tion for the medical and hospital department of the Army : " To enable the President of the United States to procure the surrender of the patent issued to William T. G. Morton, on the 12th day of November, 1846, for his discovery of the anaesthetic properties of sulphuric ether, $100,000." Mr. BORLAND. Mr. President, if the Senate will give me their attention for a few moments, I think I can put this matter on its true merits. The proposition is to appropriate $100,000 to enable the President of the United States to purchase from a patentee his patent, or the privilege of using property to which he holds exclusive right under his patent. The first inquiry that we make is : Is that which we propose to purchase valuable ? — and, if it is, what is its value ? I will not undertake to go into a detail of facts, or any argument to show the value of the discovery of the application of sulphuric ether as an anaesthetic agent. It is a subject w^hich has been before the public so long, that I apprehend every Senator is familliar with its history, and the character of the discovery. I state what I apprehend no one will controvert — I state as a member of the medical profession, representing, in that respect, I think truly, the universal sentiment of the profession throughout the world — that as a discovery beneficial to the human race, if it be second to any which has ever been given to the world, it is second to vaccination alone. I know that the universal sentiment of the medical pro- fessioi, so far as that sentiment has been expressed, is, that it is second to vaccination. 474 Then, sir, for the estimation in which it is held by the officers of our Government, who have availed themselves of its use in the public service, I have before me letters from the Secretary of War, from the Secretary of the Treasury, from the Secretary of the Navy, from the head of the Medical Department of the Navy, and from the head of the Medical Department of the Army — ail concurring in assigning to this discovery, as used in the public service, the very highest value ; and expressing the wish that the Gavernment might, by proper means, avail itself of the right to use it in the public service. 1 will not read these letters; it would occupy too much time of the Senate to do so ; but if any Senator should desire their reading, they can be read. All assume that it is of the very highest value, both to the Army and Navy ; that it has been availed of for years past ; and that incalculable benefits have resulted to the public, in saving life and allaying human suffering, greater than has ever been derived from any one source. It is a weli-knowTi fact, that, in the Army and Navy, in the performance of all important surgical operations, this agent is now very rarely, if ever dispensed with. And not only so, in the Army and Navy — not only is it used in saving life and suffer- ing on the part of our soldiers and our sailors, but throughout the private practice of our country, the most eminent surgeons and physicians resort to it now habitually, and declare that it has become one of the most important and valuable agents which they have in the profession. If there were time, I could go on for hours in giving the particulars, giving the modus operandi j giving the cases by name and by number, till they would count thousands upon thousands; but there i*s no time at this period of the session for that. The next point I would present is, how far it is recommended to our consideration ? The Select Committee of the House of Rep- resentatives, to whom this matter was referred — although, as the Senator from Connecticut suggests, they did not formally make their report, yet it was only because no opportunity was afforded for them to do so — have prepared a report — it is here before me — a most elaborate, learned, and conclusive repoj't as to the incalculable value of this agent, and the propriety, in the opinion of that committee, of its being availed of by the Gov- ernment. Sir, it may be asked if this be so valuable — if this individual has a patent for it, why doe» he not avail himself of the use of the patent, and prevent the use of sulphuric ether as an anaesthetic agent without recompense to him ? I need hardly remind the Senate of the fact, that it is one of those cases in which he can- not enforce his legal rights. How can he, sir ? Why, this agent is used in every State and county in this Union ; and it may be and perhaps is used in almost every family where physicians practice. He has no practical remedy for the violation of his 475 patent. Can he go to the bedside of the sick and suffering patient, who is undergoing an operation under the influence of this assent, and lay an injunction upon its use on such an oc- casion7 Certainly not. It is one of those cases which must strike the mind of every man that his patent, so far as the legal remedy extends, is worthless to him, although he has the legal right, for he holds the patent from the United States to its exclu- sive use for a certain term of years. The next question is, Is the individual who holds the patent lawfully entitled, if any one, to be paid for the use of this agent ? I say, he is. I have before me here a copy of his patent, and of the record in our Patent Office. The official acts of our officers have recognized and established, as our laws require, the identity of this individual as the lawful owner. It has been stated, I know, and may be repealed, that there is an adverse claimant ; that there is another individual who claims to be the discoverer, and who has a title to at least a portion of the compensation which we propose to pay. But to meet that I have to show that if that individual ever had any right to be considered the discov- erer, or any title to compensation, it has been relinquished for a consideration in favor of Dr. Morton ; for here I have from the Patent Office an official announcement to that effect, which is signed by Dr. Jackson, the only individual that I know of who sets up tin adverse claim to this discovery. But there is evidence before us from the veiy highest medical men in the country, and from the very highest medical officers of the army and navy, ail recognizing Dr. Moiton as the discoverer of this invaluable agent. But even if that were not so, the only other individual who sets up a claim to it has already, in the most solemn form, relinquished it forever, and assigned over to Dr. Morton all right or claim which he (Dr. Jackson) ever did have or could have. So that the point is settled that Dr. Morton stands before us as the patentee lawfully entitled to this discovery as the original dis- coverer. In the next place, lest it might occur to the minds of some that purchasing the right from a patentee to use a valuable discovery is a new thing in our Government, I beg leave to call attention to the records, which show that it is no new practice, but for years and years has been repeated over and over again. I will cite a few cases. We paid for the right to make anchors of a certain form for the navy, SI ,500; for the use of circular bullet moulds, $5,000 ; for the use of gas in vapor baths, $5,000 ; for elevating and pointing heavy cannon, $20,000 ; for the right to use patent anti-attrition metal, $20,000. We paid to the heirs of Robert Fulton, for benefits conferred by his improvements in steam navi- gation, $76,300. We paid for Mix's manger stopper, used in the cavalry service, $3,000. We paid to Dr. Locke, for the use of his magnetic clock, $10,000. We paid to McCulloch & Booth, 476 for the right to use the improved method of refining our argen- tiferous gold bullion, $25,000 ; — thus making an aggregate of $165,000 paid in these cases. But, in addition to these, there have been numerous instances in which patent rights, or the privi- lege of using in the service of the government patented articles, have been purchased by the departments, some of which instances I find cited in connection with the report of the Select Committee of the House of Representatives, for which were paid $178,032 ; making an aggregate of $343,000 paid by the United States for patents and the use of patented articles. Since I have been a member of the Senate, when meritorious individuals have come before us, who had made important discov- eries, we have aided them to test their discoveries by appropria- tions, amounting in the whole to $120,000. I mention these facts to show that precedents are all in favor of such use of the public money to enable the government to avail itself of important discoveries. I will not detain the Senate by saying more on this subject. I will briefly sum up. This discovery is a most valuable one to the human family at large. The two branches of our public service^ the army and navy, have availed themselves extensively of it. It is one of the most valuable remedial agents that the world has ever known. It is in constant and growing use. This idea, which we are thus using, not only prolongs human life and protects our soldiers and our sailors, and all in our public service from immense suffering, but it is saving, in that mode of treating diseases, thou- sands upon thousands of dollars every year and every month. This individual cannot enforce his legal rights against anybody, owing to the very nature of the case. We are making use of his pro- perty to our great benefit, and he is receiving no compensation whatever for it. Then the papers before me, as I have read them, show that he is the individual who is entitled to compensation, if any one, for the use of this property. We find that the practice of the government — a very enlightened and useful practice, in my opinion — has been in favor of appropriations of this sort. Then, sir, I ask if this is not a proper occasion for the continuance of this practice ? When was there ever before us a more meritorious case ? The medical profession throughout the country sustain me in the assertion that this is the most valuable remedial agent that ever has been known. How can we, then, injustice to ourselves, in common justice to the individual who has furnished us this val- uable, or rather invaluable remedy, refuse to pay him for it? Mr. SMITH. That a discovery has beea made, I admit ; and that discovery is, that the effect of ether, taken into the lungs, is to produce insensibility in the human system. I agree with the honorable gentleman from Arkansas, that this substance, when taken into the lungs, will produce insensibility in the subject un- 477 der the operation of the knife. I agree with him, that it is a great boon to humanity ; but I deny that it is a patentable discovery. And I pledge whatever reputation I may have, that if the Senate will allow me, at the next session of Congress, an opportunity to be heard on this subject, I will make out a case for the family of Dr. Horace Wells, deceased. If the subject shall then be referred to the judgment of a committee of this body, I will be prepared to make out a case worthy the most grave and serious consideration. Mr. GWIN. Mr. President, as I formerly belonged to tlhc medi- cal profession, I wish to indorse everything that has been sai(! by my friend from Arkansas in regard to this valuable agent. I con- fess that I came to the examination of this question with extreme reluctance. I had been out of the profession for many years, and I attempted in every way I possibly could to throw it off ; but, having been requested by those whom I could not disoblige, to look into it, I must acknowledge that this is one of the most im- portant discoveries that has ever been made in the medical pro- fession ; and this gentleman being the patentee, I could look upon it in no other light than that, as we have availed ourselves of his property — for his patent is his property — we should in equity and justice recompense him for it. I came to this conclusion with re- luctance, for I was very much disposed, without examination, to go against the claim. But having examined it, I could do nothing less than to add my testimony to that of the Senator from Arkan- sas, both of us havmg been in the medical profession. Mr. SHIELDS. I beg to state how the matter came before the Committee on Military Affairs. The subject was investi- gated by a Select Committee of the House of Representatives, and I was informed that the claims which the honorable Senator from Connecticut says he represents, vv^ere examined before that committee, and that committee has reported. One of my col- leagues in the House, [Mr. Bissell,] a physician by profession — and permit me to say, not only an able physician, but as veracious a gentleman as any in Congress — assured me that after a full and fair inquiry, instituted by him and the residue of the committee, of which the late lamented Mr. Rantoul, who was a highly-edu- cated and well-informed man, was a member, and after all the claimants had been heard, and after an examination of the evi- dence, the committee had come to the unanimous conclusion that Dr. Morton was the discoverer of this great remedial agent. It is a subject which I did not very well understand myself. The Committee on Military Affairs, therefore, committed it to the honorable Senator from Arkansas, who is a physiciaji by profes- sion, and who understands the whole subject. A professional gentleman of the other House, eminent in his profession, and a highly-educated man — a man of veracity and honor — assured me 478 that the committee of that body had thus determined, after a full and fair inquiry. It has been stated that this is one of the greatest discoveries of modern times. I believe it is. Of that, however, I only know this, that if this remedial agent had been known when the honor- able Senator from Connecticut says he understood it was, it was unpardonable that its use was not applied to the American army in the late war with Mexico. It was criminal that it was not ap- plied, if it was known, and it w^as wicked in that gentleman to withhold his information from the country on such an occasion as that ; for, sir, I believe it would have saved thousands and thou- sands of lives. Mr. CLEMENS. No doubt of it. Mr. SHIELDS. Any man who witnessed the scenes which some of us were there called upon to witness, well knows that such an agent would have saved thousands of lives. Sir, thou- sands of our bravest and best men fell under the pains and afflic- tions that followed surgical operations. I have seen so much of that, that I was rejoiced to have an opportunity, when I found there was such an agent discovered, to give my support in any w^ay ; and although I was not acquainted ^^ith the subject, I was happy to have it in my power to turn it over to the honorable Senator from Arkansas, who was acquainted with it. I venture to say that there is not a professional man in America or in Eu- rope who will not consider this the most beneficial discovery since the discovery of vaocination. I cannot tell whether Dr. Morton is the discoverer or not ; I know that those who have examined the subject thoroughly say that he is the discoverer. I have seen in addition, for he has shown it to me, the medal of one of the first medical institutions in the vrorld — that of Paris — acknowledging, and in the name of France pronouncing him the discoverer of this agent, and that he had been able — for it was a good fortune on his part — to make a discovery which has been more beneficial to humanity than any discovery made in the medical profession since the time of vac- cination. Mr. HALE. I am not one of those who object to the propo- sition on account of the amount of money. If this discovery really belongs to Dr. Morton, it is no more than right that we should pay for it ; because, whatever may be the value of the patent right, it is such a discovery that he cannot enforce his pat- ent rights. It seems to me that the Government of the United States, having granted a patent by their own officers, are estopped from denying its validity ; and as the Government is making use 479 of it in the army and navy so extensively, it seems to me but fair to compensate this gentleman. I have been through the Massachusetts general hospital, where this remedial agent was first introduced, and where it was tested. I went through all the wards and rooms of that hospital, and 1 saw every fofm of disease and suffering. I went into the dis- secting room, and I confess my blood almost ran cold as I looked at the instruments of torture, as they appeared to me, which were about the room ; but I was assured by the physicians attending upon that hospital that, by the use of this remedial agent, pa- tients were insensible to the operation of these instruments of tor- ture — that the effect of it was to make them go quietly to sleep; and that the most difficult and dangerous operations weje per- formed there every day, without those on whom they were per- formed being sensible of them. That great hospital is one of the finest charities on the face of the earth ; and by the operation of this agent the most revolting surgical operations are performed every day, while the patients are, as it were, in a deep sleep. I do not believe that there has been a greater contribution made to the cause of humanity anywhere. I d& not put this discovery second to vaccination, or anything else ; and if the Senate are de- termined to vote upon it to-day, I hope they will make this ap- propriation ; and w^ith my present convictions, although I should be glad to postpone the subject until the next session, in ordel- to avoid all danger of injustice, I must vote for this appropriation. Mr. DOUGLAS. I shall occupy but a few moments as to the claim of Dr. Wells. I hold here a paper which has been laid on our tables, and which I understand to be an abstract of testimony taken in the House of Representatives. I find here two letters, which have passed between Dr. Morton and Dr. Wells, putting to rest the claim of Dr. Weils, brought forward by the Senator from Connecticut. When Dr. Morton made his discovery, as he alleges, he wTote to his old friend and partner. Dr. Wells, to this effect : " Boston, October 19, 1846. " Friend Wells — Dear Sir : I write to inform you that I have discovered a preparation, by inhaling which a person is thrown into a sound sleep. The time required to produce sleep is only a few moments, and the time in which persons remain asleep can be regulated at pleasure. While in this state the severest surgical or dental operations may be performed, the patient not experiencing the shghtest pain. I have perfected it, aiid am nov/ about sending out agents to dispose of the right to use it. 1 will dispose of a right to an individual to use it in his own practice alone, or for a town, county, or State. My object in writing you is to know if you would not like to visit New York and the other cities, and dispose of rights upon shares. I 480 have used the compound in more than one hundred and sixty c-ases in extracting teeth, and I have been invited to administe'r to patients in the Massachusetts General Hospital, and have suc- ceeded in every case. •'•' The Professors Warren and Hayward have given me written certificates to this effect. I have administered it at the hospital in the presence of the students and physicians — the room for operations being as full as possible. For further particulars I will refer you to extracts from the daily journals of this city, which I forward to you. ^'' Respectful! V vours. * '*•' willia:\i t. g. morton." Let U5 see what Dr. Wells said in reply : '•'Hartford, Co-v>'ECTicrT, October 20, 1S46. '• Dr. MoRToy — Dear Sir : Your letter dated yesterday, is just received, and I hasten to answer it, for fear you will adopt a method in disposing of your rights which will defeat your object. -Before you make any arrangement whatever, I wish to see you. I thmk I will be in Boston the first of next week — probably Monday night. If the operation of administering the gas is not attended with too much trouble, and will produce the effect you state, it will, undoubtedly, be a fortune to you, provided ft is rightly managed. '•' Yours, in haste. •• H. WELLS. ^• Isow, upon the face of these two documents, I do no: under- stand exactly how it is broadly asserted here, that Dr. Wells is the inventor or discoverer of this remedial agent. I confess that before I examined the matter my prejudices were against this claim, until my colleague in the other House, [Mr. BissELL,] who is a regularly-educated physician, a man of great intelligence, who has had practice as a physician, took it up, and as chairman of that select committee, gave it a thorough investi- gation. This report produced entire conviction upon mv mind that Dr. Morton was entitled to the credit of this discovery. I do not mean, nor does that report mean, th::t he discovered s^ilphuric ether, or that he was the first man tha' ever admistered sulphuric ether, but simply that he discovered the application of sulphuric ether with reference to destroying pain in surorical oper- ations, and that he discovered it to a degree and extent in which it had not before been administered, and in which it was sup- posed it was not safe to administer it. He risked his own life by experiments upon his own pei-son ; and then he administered it to other persons and ran the risk of a prosecution for malpractice in the event that it should fail. I became satisfied from the testi- 481 mony that he alone made the experiments, and he alone introduced it to the public ; that he Introduced it first into the general hos- pital of Massachusetts, and from there to the world ; that he took the entire, sole and exclusive resporisibility of the use and intro- duction of this agent, until his entire success had been established. I also find from the report, that while these experiments were going on — while it was doubtful whether they would prove suc- cessful— Dr. Jackson was ridiculing and denouncing Dr. Morton as a reckless man, who was hazarding the life of his patients by administering this agent to them, and that he never set up hisclaimj although experiments were being made in the immediate vicinity of his own house, until after those experiments had proven suc- cessful, and the judgment of the world was about to be pronounced in favor of Dr. Morton, and of this invention that had been made by him. I find this in the report of the committee of the House of Rep- resentatives, and I understand that both parties were represented before that committee. Taking, then, the report of that commit- tee, before whom both parties were represented in person, and by their counsel, where testimony was adduced, and taking that re- port in connection with the judgment of the general hospital of Massachusetts, where the first experiments were made,-and taking all the testimony together, I cannot doubt that the credit is solely due to Dr. Morton. Mr. WALKER. Mr. President, I will ask the attention of the Senate for a very few moments. I profess to be one who has looked into this matter from its foundation to its capstone. 1 have read everything that has been printed, everything that is extant on the part of both parties, and I believe everything which they have im manuscript. After Dr. Morton had administered this anaesthetic agent in his dental establishment, he immediately resorted to the Massachu- setts general hospital. He got the consent of such men as Dr. Warren, Dr. Hay ward, and Dr. Bigelow, that he might there ad- minister it in a capital operation. That operation was performed on the 16th of October, 1846. Again he performed an operation on the 17th of October, and so he continued down to the 2d Jan- uary, 1847, when these surgeons say was the first they ever heard of the claim of Dr. Jackson. The most distinguished medical men in America swear and certify to this. But this is not all. This matter underwent a serious and candid investigation before the medical men, the surgeons, and trustees of that institution, and they came solemnly to the conclusion, first, that Dr. Jackson had never made any discovery in regard to ether which had not been known long before ; second, that Dr. Morton did, in 1846, manifest and make plain, and pmblish to the world, that sulphuric ether, administered in proper quantities and in a proper manner, 482 would produce entire insensibility to any operation. They also decided most solemnly against the claims of Dr. Wells. Not only is that so, but we have here, under the hand of Dr. Wells, an acknowledgment that the discovery w^as Dr. Morton's. Dr. Wells not merely acknowledged it to be Dr. Morton's discovery, but gave him advice about it, and said it would be a fortune to him if he managed it rightly. Did the general hospital of Massachusetts stop there? No, sir. Dr. Jackson came forward before those great men, and expressed his dissatisfaction at the decision which they had made. He prayed that they might review their decision, and at his request they did review it, one year afterwards, and came solemnly again to the decision to w^hich they had previously come. This w^as in Bos- ton, where the parties lived. This decision was arrive«d at by the most scientific men of the continent of America, if not of the world. They reviewed their decision, had the claims again laid before them, and came again solemnly to the same conclusion. In the meantime, however, and while Dr. Jackson was de- nouncing Dr. Morton as a "reckless" man, as one who had made no discovery whatever, and wdio w^ould kill somebody if he did not stop his experiments, wrote a letter to M. Elie de Beau- mont, of the Academy of Arts and Sciences of Paris. That letter was sent under secret seal, and it w^as dated November 13, 1846, just at the very time when he was denouncing Dr. Morton as a reckless WTetch who w'ould kill somebody. He sent that letter, w^ith a request that it should not be opened until he gave further information in regard to it. The investigation w^ent on before these daring men of the Massachusetts general hos]3ital, and by Dr. Morton, no less daring, until the 2d of November, 1846 ; and in this country. Dr. Jackson was never heard of as claiming the discovery before that time. In December, 1846, he wrote an- other letter, requesting M. de Beaumont to open the sealed pack- age. He opened it and read it, and, on the spur of the occasion, Yelpeau answered it with a sneer^ and said : 1 "The secret contained in the note which has been read is no longer a secret ; the medical journals published in America and England have divnilged it in the months of November and De- cember. A letter from Dr. Warren, of Boston, communicated the information to me more than one month ago ; and Dr. Willis Fisher, of the same city, proposed that I should try its eSects at La Charite towards the middle of last December.'* That letter of Dr. Jackson's was thus answered by a no less distinguished man than M. Velpeau, before the Academy of Arts and Sciences in Paris. But this secret letter had a fatal effect — an effect which I am sure the Academy of Arts and Sciences never ceased to regret. What did it do? It procured, upon the ex- 483 citement of the moment, a decision of the Academy of Arts and Sciences of France, awarding to Dr. Jackson twenty-five hundred francs, being one ©f the Monthyon prizes of that institution, and he received the money. But when the good Dr. Warren, and Dr. Hayward, and Dr. Bigelow, and others of the Massachusetts general hospital, who knew all about it, placed this persecuted man. Dr. Morton, before the world, and established his claim, what did the Academy of Arts and Sciences do? We know it is the nature of that institution never to take back 'anything which it does. It will not acknowledge fallibility; but it went to the extent to which it could go. It aw^arded to Dr. Morton another prize oi the Monthyon foundation, of twenty-five hundred francs — as what? Just for what Fulton was, just fiar what Jenner, the discoverer of vaccination, was, and for what all other men are, who come before the world making discoveries. The Academy of Arts and Sciences gave him this Monthyon prize for being the man who had discovered, and made beneficial to the world, the use of sulphuric ether as an ansesthetic agent. Notwithstanding that Dr. Morton had to fight the medical and literary magazines of the country — notwithstanding he had to fight Dr. Jackson, and almost everybody else — for nearly all the surgeons in the country, except those in the Massachusetts gene- ral hospital, frowned upon him — notwithstanding all this reduced him to poverty, yet, like a noble man, as he is, he declined to re- ceive the two thousand five hundred francs in money. Still, so anxious was the Academy of Arts and Sciences to place in his hands evidences of their exalted recognition of his rights, that they directed a certain portion of the fund to be paid in the shape of their largest gold medal. That did not exhaust the entire fund, and the friends of Dr. Morton in France took the balance of it and used it in enclosing the medal in a beautiful gold frame, so that it altogether now presents the beautiful thing which I hold in my hand, [exhibiting it to the Senate.] Dr. Morton would not receive the money, but he received that w^hich he could treasure in his heart, and could look upon as an evidence of the appreciation of his exertions by this noble Academy of Arts and Sciences of Paris. It is a noble appreciation of him who gave this invaluable dis- covery to the world. It shows whom they considered as the real discoverer. When you come to look at the testimony on which the claim of Dr. Jackson is based ; when you come to inquire really what it is, it would seem most astounding that any one in the world should come forward with such a claim. What was it ? At first he claimed nothing more than that he had told Dr. Morton that ether could be taken safely into the lungs. Anybody in the world could have told him that. This substance had been known since the thirteenth century. Its formation was accurately described by Valerius Cordus, in the sixteenth century. Frobenius first 484 designated it etlier, and published an account of it in the pMlo- sophical transactions in 1730. Its use as a medical agent, first alluded to by Valerius Cordus, and mentioned by Hofiman, Cullen, Alston, Lewis and ?^Ionroe, and other writers of the last century, has long been familiarly known. The history of its use by in- halation, commenced with the pamphlet published in 1795, by B»ichard Pearson; and several communications from the same Dr. Pearson are to be found in the work of Dr. Beddoes on Fac- titious Airs, published at Bristol, England, in 1796. The same work contains a letter from one of Dr. Thornton's patients, giving an account of his use of ether, by Dr. Thornton's advice, in a case of pectorial catarrh. He says, "it gave almost immediate relief both to the oppression ajid pain in the chest." Qn the second trial, he inhaled two spoonfuls, with " immediate relief, as before, and I very soon after fell asleep.'' In 1815, Nysten, in the Directory of Medical Sciences, speaks of the inhalation of ether as familiarly known for mitigating pains in colic. For the last fifty years, most therapeutic authors mention its use by in- halation in asthma, &c., as Duncan, Murray, Brande, Christison,. Pereira, Thompson, Barbier, Wendt, Vogt, Sundelin, &c. Effects analagous to intoxication, when ether is inhaled, are stated by American authors, as Godman, (1822,) Mitchell, (1832,) Professor Samuel Jackson, (1833,) Wood & Bache, (1834,) Miller, (1846, and early in that year.) Dr. John C. Warren, in his work on Etherization, says : *^ The general properties of ether have been known for more than a century, and the effect of its inhalation, in producing ex~ hilaration and insensibility, has been understood for many years, not only by the scientific, but by young men in colleges and schools, and in the shop of the apothecary, who have frequently employed it for these purposes." From the days of Hippocrates down, there has been an effort to obtain an anesthetic agent — something to lull the patient in surgical operations. But until Dr. Morton, with what physicians termed a daring spirit, came forward and demonstrated it to the world, the right agent had never been found. There is among the testimony, the certificate of the person on whom the agent was first employed. Dr. Morton first extracted teeth in this way. He then went to Dr. Warren, and got him to consent to perform a surgical operation upon a patient, rendered insensible by this agent, which he did perform on the 16th of October, 1846. Dr. Morton repeated his experiments in surgical operations at the hospital, on the 17tli of October, and continually from that day down to the 2d of January, 1847, when Dr. Jackson first made known that he ever had any claim. 485 The trustees of the general hospital of Massachusetts, as a testimonial of the services of Dr. Morton, raised a fund of one thousand dollars ^ but knowing his sensitiveness on the subject, and in order to make the compliment more acceptable to him, that there might remain something connected with it as an endu- ring monument of their gratitude, they inclosed the amount in a silver casket, containing an engraving manifesting their fourth decision, as you may say, in his favor. Again, as another testimonial, I may state that the subject was brought up in the Thirtieth Congress, before a select committee of the House of Representatives, and with all the testimony be- fore them, they decided that Dr. Morton was the discoverer« Here, again, in this Congress, after another review of all the testimony, Dr. Morton appearing before them in person, and Dr. Jackson, both in person and by counsel, a select committee of the House of Representatives has decided Dr. Morton to be the dis- coverer. All that there is now to answer against his claim, is the re- monstrance to which the senator from Maine has alluded ; and what is that remonstrance ? It is a remonstrance said to be signed by one hundred and forty-four physicians. The register of physicians of Massachusetts shows that there are about fifteen hundred in that State. Not one of these remonstators was in the General Hospital of Massachusetts at the time this discovery was brought out ; but, on the contrary, a great many of them are dentists, who were personal enemies and personal rivals of Dr. Morton, and they are to this day his personal rivals. At the time he was risking his life to bring out this discovery, they were denouncing him, and endeavoring to put him down. They were getting up prosecutions against him, to drive him, if possible, from respectable society. Yet these are the men who come for- ward and remonstrate ! But, is it true, as the remonstrance states, that it is from "Boston and its vicinity?" I have here the State record of Massachusetts, and I find that the names on that remonstrance are scattered all over the State. There are three hundred medical men in Boston alone, and here are one hundred and forty-four remonstrants from the whole State of Massachusetts, and these are Dr. Morton's rivals — men who had first given him notes, and then refused to pay them, and became his enemies, and tried to make out that he had made no discovery 1 The remonstrance is dated in February last, and they have been ransacking the State of Massachusetts, from that time to this, to get up remonstrators against Dr. Morton, and they have suc- ceeded in getting one hundred and forty-four out of fifteen hun- dred in that State. We have two reports of the hospital of Massachusetts ; we have the prize awarded by the Academy of Arts and Sciences of 486 Paris ; we have the award of a casket and one tlionsand dollars by the trustees of the Massachusetts hospital ; we have the re- ports of two select committees of the House of Eepresentatives ; we have the concurrent voice of two committees — the Committee on Military Affairs and the Committee on Naval Affaii's — of this body : and there is nothing to answer it but this simple remon- strance of which we have heard to-day. TTe have nothing in an authentic shape to controvert all these testimonials. Most cf these remonstrants do not state that they know anything about the facts, but simply give their *' belief." Why not go to Dr. Warren, Dr. Hayward, or Dr. Bigelow ? Why not go to the various men who cut off legs and arms, and extirpated tumors, and performed the most dreadful sm'gical operations with the aid of this agent, when Dr. Morton was making his first experiments ? Y/hy did not Dr. Jackson do that ? Why did he not bring the names of some sui'geons to certify that he discovered this 'i He could not do it. These awards to Dr. Morton, the concurrent testimony of all these individuals, speak a voice in America and Europe, and now it is even heard in Asia. But why do we get up a controversy^ here about the real discoverer of this remedial agent ? I have in my possession the original patent, in which it is expressly recited that Dr. Jackson has assigned all his interest in the matter. How did he get any interest ? It was through the mistake of the lawyer who was employed in regard to obtaining a patent. Dr. Jackson went to him, and finding him employed in endeavoring to obtain a patent, observed that he had something to do with that matter. The lawyer asked him what he had to do with it. "Why, I told Dr. Morton that ether could be administered with safety." Everybody knew that before. But did he know that pain could be destroyed under its administration ? No, sir. He does not attempt to prove it. But let anybody read the review, by both select committees of the House of Representatives, of the testimony by which he undertakes to prove it ; and if they could ever thereafter believe his witnesses, it is more than I could do. There is not one particle of testimony given, to prove that Dr. Jackson ever said or ever supposed that ether could be so admin- istered as to annihilate pain. All that Dr. Morton wanted to know, in order to be sure, was, that he was not running the risk of murder. Dr. Jackson said it could be administered with safety. He told the patent lawyer that he had something to do with it — that he had given this information to Dr. Morton ; and then that lawyer, Mr. Eddy, through a mistake, not knowing the facts, proposed that Dr. Jackson should have some remuneration. What do you think Dr. Jackson was content with, in the fii'st instance ? Did he claim any part of this discovery ? 487 Mr. Eddj thought that Dr. Morton ought to make some credit, or do something ; and all Dr. Jackson then asked v^as five hundred dollars for medical advice ; and, according to his own language, he went home and charged Dr. Morton upon his books five hun- dred dollars for medical advice ; and Dr. Morton executed a bond to pay Dr. Jackson five hundred dollars, provided ten per cent, upon the patent ^.yould make that sum. He subsequently claimed ten per cent- upon the patent ; and then claimed twenty-five per cent. ; and ultimately claimed that he was the real discoverer of the whole. But, however that ma^y be, whatever straits Dr. Mor- ton may have been in, I say here is the patent in the name of Dr. Morton, and in it Dr. Jackson surrenders any title he could by possibility have. Sut, whatever Dr. Jackson may be able to show hereafter that he is entitled to, I shall be w^illing to grant to him. I must make this further remark . Dr. Morton has been pursued in every step he has taken in this matter. It is in evidence be- fore the committee of the House of Representatives, and they have reported the fact, that there were raised in England at one time by subscription ten thousand pounds, for the discoverer of the anaesthetic properties of ether, and the payment of it to Dr. Morton was prevented by the agitation raised by Dr. Jackson. Dr. Morton has been pursued by people hunting on his track. They are still following him. Here they are, now, pursuing him through the mouth of the Senator from Connecticut. But I do not blame him for making any representations he may see proper in regard to Dr. Wells ; but I say that the original claim of Dr. Wells is altogether refuted by his own evidence, and by his own advice to Dr. Morton. Then, taking all these public monuments, as you may call them, as evidence of the right of Dr. Morton, running from 1846 to 1852, how can it be possibly said that we are taking a snap judgment on anybody ? It cannot be truly said. This subject has been long considered, and the judgment of the vforld has been in favor of Dr. Morton's rights. But here is the pa- tent, and here he is the assignee of any rights that Dr. Jackson may have had. A proposition now comes up from the Committee on Military Aifairs to procure a surrender of that patent; and for what reason is that opposed ? Why, that by paying this, we may do something wrong to some other individual. Sir, the patent has been granted at the Patent Office. That is the tribunal esta- blished by the Constitution and the laws to decide to whom a patent is due. That institution did decide the patent to be due to Dr. Morton, and it was issued to him, and any rights which Dr. Jackson had in it are recited in the patent as being assigned to Dr. Morton. Then he (Dr. Jackson) can have no claims. 488 But it is not pretended that Dr. Jackson or Dr. Wells liave got a patent. It is known that they did not get any. Dr. Morton has the patent, and this appropriation is proposed for the pur- pose of obtaining the surrender of that patent. Mr. MALLORY. I am pleased to have this opportunity to manifest, by a vote upon this proposition, my appreciation of the importai:yce of the subject to vfhich it refers ; and, sir, if no voice in its behalf had been hitherto raised, if no advocate had ever before appeared to press the claims of him whose successful devotion, whose self-sacrificing labors have secured for him throughout the earth this heaven-born gift — I would have consi- dered it one of the high privileges of the place I occupy to stand forth in that attitude. But, sir, such fortunately is not its position ; for the earnest appeals of men, women, and children, the united and consistent testimony of the learned and the un- lettered throughout this broad land, have raised up for it here unwavering friends. This amendment, Mr. President, proposes to pay to the dis- cover of the anesthetic properties of sulphuric ether, inhaled, and of their extraordinary advantages to medicine and surgery, one hunded thousand dollars, upon the condition that he shall relinquish it to the free enjoyment of mankind, and abandon all the rights of a discoverer and patentee. If the question be asked, Yf hat is the character of the service rendered ? what is the utility of the discovery ? the response comes from thousands of our fellow-citizens, in every walk of life, whom gratitude has made eloquent. It comes from the lowly couch of the poor- house patient, and from the aristocratic mansion of tha millionaire — from feeble woman in the agonies entailed upon her first diso- bedience, and from the stern, strong man, writhing in pain. It comes from your battle-fields, from your military, naval, and civil hospitals, from your gallant soldiers and sailors tortured by wounds and amputations. It comes to you from the practitioner in every department of medicine, and with our consent the sur- geons of the Old and New World hail it as the great discovery of the age. Its claims have been examined by select committees of Congress, aided by able counsel, with an industry and accu- racy equally honorable to them and to the subject. The trustees of the Massachusetts General Hospital presented the discoverer with one thousand dollars, and an appropriate letter. The chiefs of our own Departments, our Surgeon (General, and the head of our Naval Bureau of Medicine and Surgery, give it their unquali- fied approval, and the Academy of Sciences of Paris, after a thorough investigation of its character, conferred upon its dis- coverer the ''Monthyon gold medal'' as an extraordinary mark of its approbation. 489 Such are a few of the thousand evidences of the various cha- racters from Europe and America in its favor. And well, sir, does it merit this praise. Hitherto the surgeon's skill, though advancino: with aiiffantic strides, has been circumscribed and con- trolled bj the power of endurance of his patient ; and many operations which comparative anatomy justifies and demands for the salvation of life, have been rendered impracticable bj their tortures upon an enfeebled or agonized frame, or by their violent shock to the whole nervous system ; and thousands have annually perished whom this discovery might have saved. Men of un- doubted courage, wounded at last, after facing death in many forms, shrunk with undefined terror from the prospect which the cold-blooded torture of the surgeon's knife holds before their eyes ; and timid woman, sinking beneath disease, not unfrequently prefers the pains of death to the untold horrors of the operator's table. But all this is now passed. The knife has lost its terrors, the tourniquet and saw are regarded without a shudder, and the appearance of the surgeon by the pallet of the untimely sufferer is hailed with joy, for he not only banishes pain, but substitutes for an anguished frame the happy dreams of a joyous spirit. In the language of the venerable and eminent Dr. Warren — "A new era has opened to the operating surgeon ! His visi- tations on the most delicate parts are performed, not only without the agonizing screams he has been accustomed to hear, but some- times with a state of perfect insensibility, and occasionally even with the expression of pleasure on the part of the patient. Who could have imagined that drawing the knife over the delicate skin of the face might produce a sensation of unmixed delight ? — that the turning and twisting of instruments in the most sensitive parts might be accompanied by a beautiful dream ? — -that the contorting of anchylosed joints should coexist with a celestial vision ? If Ambrose Pare, and Louis, and Dessault, and Ches- selden, and Hunter, and Cooper, could see what our eyea daily witness, how would they long to come among us, and perform their exploits once more ? And with what fresh vigour does the living surgeon, who is ready to resign the scalpel, grasp it, and wish again to go through his career under new auspices !" If I felt justified, Mr. President, in view of the pressing legis- lation yet before us, I would embrace this occasion to give the conclusive testimony of the principal practitioners of Europe and America in its behalf ; but I do not feel authorized to consume a nioment beyond a mere reference to them. In the eloquent tes- timony of Holmes — 490 ^^ The knife is searching for disease — the pulleys are dragging hack dislocated limbs — nature herself is working out the primal curse which doomed the tenderest of her creatures to the sharp- est of her trials ; but the fierce extremity of suffering has been steeped in the waters of forgetfulness, and the deepest furrovf in the knotted brow of agony has been smoothed forever." And now, Mr. President, if it be difficult to establish a stand- ard hj which merit generally is to be rewarded, how utterly im- possible must it be to determine its proper bounds in a case like the present, in which an humble individual is the donor, and the whole human family the recipient. His most enduring and valu- able reward will be in the undying gratitude of a posterity whose lot is suffering and pain, and a supreme happiness flowing from gratitude to God for being made the medium of such a boon to his creatures. But, sir, let us fulfil our duty. We cannot pay Dr. Morton — his services are beyond price; but we can place his future life beyond the reach of poverty, and in this manner do justice to om'selves ; for, Mr. President, to the living searchers after truth, as well as to those children of genius who are yet to struggle in her paths, and in the eyes of all honorable men, the course of the American Senate upon this question will be a beacon of warning or of hope. I believe not the worn-out apophthegm, that republics are un- grateful. Ingratitude is the crime of men, not of political or- ganizations ; and the sons of Adam possess in common the same virtues and vices. But yet, sir, there is much upon history's page to justify the proposition, even within our own short politi- cal existence. The graves of our revolutionary sages are un- known to their free and happy descendants. No Old Mortality renews their fleeting letters; and the monument of its father and hero struggles lingeringly upwards, stone by stone, in spite of their seeming indifference. Fulton's merits were disregarded ; and he was suffered to die owing more dollars than would have covered him in his grave. In pleasing contrast to this, sir, is the grant of the British Parlia- ment of $150,000 to Dr. Jenner for his discovery of vaccination, and its liberal reward of discoveries in various walks of science. I am persuaded that the objection, based upon a constitutional prohibition, made by the honorable Senator from New York, is not seriously urged ; and certainly upon one of the alternatives suggested by him we can reward this applicant. I never saw him till within a day or two, and I know personally nothing of him, but entertain no doubt of the justice of his claim, and hope the amendment will pass. 491 Mr. BADGER. I know not, Mr. President, what private griefs the honorable senator from Connecticut, [Mr. Smith] has; but certainly something or other seems to have stimulated him into a very undue excitement on this occasion, one not usual upon ques- tions of this kind, and one which certainly that senator is not in the habit of exhibiting in the Senate. The honorable senator demands an opportunity of making out a case — for whom ? For clients of his. Does he demand that we shall postpone this in- quiry, in order that we may have another investigation at the next session ? If so, that is one strong reason with me why we should promptly decide it now. I do not want to occupy two months out of three of the ensuing session with the investigation of these contradictory claims, which the honorable senator deires to set up on this subject. I shall vote for the amendment which has been recommended by two committees of this body. Of this man. Dr. Morton, I know little. I have seen him in this city, and that is all. About Jiim, as an individual, I care nothing. But I am called upon here to determine whether I will vote for an appropriation to procure the surrender of a patent which he has obtained from the Govern- ment of the United States, for the use of what is, beyond all doubt, one of the most valuable bounties that has ever been be- stowed upon mankind. The honorable Senator talks about chloroform ; but does he not know, that however valuable chloroform is, as an agent in these cases, it is at the same time, a dangerous one; and many who have gone to sleep with it to be relieved from the pain of an operation to be performed, have waked no more ? whereas, I have it from surgeons of the highest respectability that, with regard to this particular agent, though it has been used in thousands of cases, there is not known an instance in which fatal or dangerojus consequences have resulted from its use. That is what I under- stand. Of course, I cannot speak upon the subject from any knowledge of my own. Dr. Morton has a patent for this invention. The honorable Senator from Connecticut says the subject-matter of the patent is not patentable. Upon that question I take issue with him ; but this is not the place to decide it. The patent has been granted. The subject-matter patented is in daily use, and has been in use for years in the army and navy of the United States, to the great advantage of the surgical departments of those corps, and to the benefit and relief of poor sufferers who were compelled to be subject to surgical operations. It is used by the public generally. And now I ask, if it is becoming the Congress of the United States to say to this man, " We have granted you a patent ; we use the discovery for which we have granted you that patent ; but there are other people in the world who claim that they 492 originally liit upon this idea, and therefore -sre will not pay you for the use of your invention?" This man has reduced it to practice : he has made it accessible to common and ordinary use. But it is said that Dr. Morton has not prosecuted those who have violated his patent. To me, this is no objection. It is no objection in my mind, that he has not discovered himself to be a litigious person, disposed to bring before the law every surgeon of the army and navy, and in private practice, who has used it for the relief of suffering humanity. Besides all that, I have practiced law too long not to know, that whoever goes to law, whatever else he may be, is no wise man ; and that he who goes there, goes not for his own benefit, but for the benefit of clerks, sheriffs, and lawyers. I think, in that respect, therefore, he has acted as a wise and humane man. I do not undertake to decide on this question from information which I have derived from Dr. Morton. I never had any con- versation with him upon the subject of the invention; I refused to have any conversation with him. I have refused to read any- thing which he has written upon the subject, but I rely upon in- form.ation which I have received from impartial sources, and the unanimous report of the Committee on Military Affairs. Upon that I am willing to vote. We are taking no snap judgment upon any person — the clients of the senator from Connecticut, or otherwise. We merely propose to purchase for the use of the public service, what we think is a valuable, or rather, I should say, an invaluable remedial agent. REPORT TO THE HOUSE OF REPKESENTATIVES OF THE UNITED STATES OF AMERICA, VINDICATING THE RIGHTS OP CHARLES T. JACKSON TO THE DISCOVERY OF THE ANAESTHETIC EFFECTS OF ETHEE VAPOR, AND DISPROVING THE CLAIMS OF W. T. G. MORTON, TO THAT DISCOVERY. Presented to the House of Representatives of the United States, 28th of August, 1862, by HON. EDWARD STANLY, OF NORTH CAROLINA, AND HON. ALEXANDER EVANS, OF MARYLAND, Members of the Select Committee on the Ether Discovery. ' PRINTED BY AUTHORITY OF THE MINORITY OP THE COMMITTEE. REPUBLISHED WITH NOTES. REPORT. The undersigned, a member of the select committee to whom the memorial of W. T. G. Morton, concerning the discovery of the anaesthetic effects of sulphuric ether, was referred, dissenting from the conclusions, and still more irom the tone and argument of the report of the majority, submits his views as to the facts and ques- tions which were presented to the committee for investigation. Mr. W. T. G. Morton presented a memorial to Congress, pray- ing, in substance, for an appropriation to him of money from the treasury of the United States, in consideration of the use by the army and navy of his alleged discovery of the ancssthetic effects of sulphuric ether. Dr. Charles T. Jackson, having been informed by the committee . See Ma- of Morton's memorial and claim, presented his remonstrance against |^^J^^^ 3^" any appropriatiou of money to Mr. Morton for this purpose, upon that' Dr! the ground that the discovery of the aneesthetic effects of sulphuric Morton ether was not made by Mr. Morton, but by himself. The main j'^'^/^^^^y^^^ question at issue before the select committee to whom the memo- invoked rial and remonstrance were referred, was, as to the relative claims the con- of Mr. Morton and Dr. Jackson to this discovery ; for no doubt was ^^^^^y^\ entertained by any of the committee that a discovery had been son's pre- made of an inestimable benefit to the country and world.* The tensions, undersip^ned dissents from the conclusion of the majoritv upon this ^^3?^^^ • question.! He regards the report as having nothing judicial in its would have character, and as a partisan argument in defence of Mr. Morton's been pre- pretensions. It rejects all the testimony of the many unimpeach- rented be- able w^itnesses as to the main facts in support of Dr. Jackson's committee, claim. It admits the statements of witnesses, in behalf of Mr. *Mr. Stan- Morton, who have been impeached and contradicted. t It assumes ley was ab- that the statements of Dr. Jackson, whose character is above all ^^^^ during yeproach, are entitled to no credit, and conveys the impression ^^^^ ^^^by that he is a mere pretender. § It gives implicit confidence to the counsel for Dr. Morton : and at the close of the argument for Dr. Jackson, called on his counsel to ex- plain the fact testified to by Mr. C. Eddy, that Jackson expressly declared (see Eddy's testimony, p. 286,) on the 23d of October, 1846, that he "did not know" at the time of ki^ pretended covirmini cation to Morton^ "THAT AFTER A person HAD inhaled ETHER AND WAS ASLEEP, HIS FLESH COULD BE CUT WITH A KNIFE WITHOUT HIS EXPERIENCING ANY PAIN, &C." And Mr. Stanley left the committee room without receiving any explanation on this cardinal point. t This is an unwarranted attack on the whole committee except himself. X The case of Dr. Morton is fully made out by witnesses against whose credibility not a word has been breathed, viz : Hayden, Dana, Metcalf, Wightman, C. Eddy, ScC, &c. § Dr. Jackson is flatly contradicted in the assential points of the controversy not only by other witnesses, hut by himself^ in his several statements. Besides, which it is evident that he has (to say the least) a monomania to claim the inventions of others. (See Amos Ken- dall's pamphlet exposing his claim of Morse's Telegraph.) 496 * Mr. Stan- declarations of Mr. Morton,* notwithstanding the evidence which ley himse^ j^^g been submitted to show his' bad character, and his own con- :Srst to tradictory statements.! It suppresses the material facts in the case, move^ the and presents conclusions at variance with the highest evidence. rejection of j^ gives judicial weight to the partisan papers of Mr. Morton's iiony as to advocates, and rejects the concurrent decisions of the highest sci- Dr. Mor- entific authority.! ton's cha- rpj^^ undersigned will hereafter refer, in detail, to the particular Morton * portions of the report which he considers objectionable, and will Tvaived all proceed, first, to an affirmative statement of the grounds upon objection, which he considers Dr. Jackson entitled to the sole honor of the the^^ ^ike fhscovery of the anaesthetic effects of sulphuric ether. liberty I^ determining a question of discovery, the character of the were left to claimant is an essential point of consideration. The scientific and ^^™* •++!/ intellectual character of the claimant may furnish the strongest conimittee ii-ti ••i^ • •!• i excluded probabuity that scientific experiments or inductions were made the testi- by him, while, on the other hand, an absence of those attainments ^*^t^ *~fWs ^"^' intellectual qualities, which seem a priori to be de- passage is [ 4 ] manded for a scientific discovery, may present so high an anfounded. improbability as to outweigh the most positive testimony (See page jj^ favor of the pretensions of the claimant. Great discoveries in science have never been accidental. § The occasions which have t This is hastened or aided the discovery may have been matters of acci- mere bold (j^nt ; but if the discovery were not premeditated or sought for, ^?Fer^cofi- ^^^ knowledge of the relations of the new fact, which accident tra: See has presented, with known truth, must have existed. Although the exami- the seed may be wafted by the wind, it will germinate and bear der^oath^o'f ^^^^^ only in a cultivated and genial soil. Knowing this to be truth the most as to the past history of scientific discovery, we naturally inquire, prominent at the outset, whether the circumstances of Dr. Jackson's life and ^^^^^^^^^ pursuits have been such as to render it probable that he might Boston. h&ye made the discovery of anaesthesia. Some of these may be § Without briefly referred to. wasting ^ Dj.^ Charles T. Jackson received the degree of Doctor of Medi- this florid cine at Harvard University in 1829. At the time of his gradua- statement, tion he received from the Eoylston Medical Society the premium (which has f^^ ^he best dissertation upon a medico-chemical subject. Em- tion in the barking for France, after receiving his medical degree, he spent evidence three years in that country, engaged in the study of medicine, in ^^^"^^\/^^ attending lectures at the Royal School of Mines, at the Academy and i-hick ^^ Sorbonne, and the College of France. During the summer of ike author 1832, at the request of the internes, he gave a course of private of the re- instructions and lectures in surgical anatom^y. On his return to Tave ^de- Boston he established himself in his profession as physician and rived from surgcou, in which he became eminently successful, especially in other sources,) it is enough to say, that if it were all tnie, it only shows (when collated with the fact,) that Dr. Morton's natural genius ran ahead of Dr. Jackson's scientific ad- vantages. 497 surgery. His taste for researches in analytical chemistry and geology gradually withdrew him from his profession. For many years past he has been almost exclusively employed as an analyt- ical chemist and practical geologist. He has made geological sijrveys of Maine, Rhode Island and New Hampshire, under the authority of their respective State governments. He made the ^rst mining surveys on Lake Superior, and received the appoint- ment of United States Geologist for the survey of the mineral lands of that district. The labors of Dr. Jackson in chemistry and geology have given him a high place among the most emi- nent of our scientific men. It was the rare union of extraordinary medical and chemieal attainments which peculiarly fitted him to make a discovery which Tbis is a could not have originated with either the physician or chemist "■7"'^*^«^ alone. The possession of these attainments, andp more than all, ^^^^T^ "" a rare intuitive power of comprehending scientific truths, have led Br. Jackson's friends to consider him the man of all others to have made this discovery. Before proceeding to refer to the evidence by which the claims of Dr. Jackson are supported, the undersigned will briefly state the facts which appear to him to be proved, and define the grounds ^.^ ,, upon which he considers the claims to discovery rest. testimony 1. Dr. Jackson inferred vvltli great confidence, from experiments of C.Eddy, performed ujjon himself and others, that, contrary to the opinion ""^^ ^^^ then universally entertained by ail m.edical authorities on the sub- go^y yet." ject, it is perfectly safe to inhale sulphuric ether to such an extent See also as to produce unconsciousness. ^^w evi- 2. He discovered the two conditio7is on which the safety of Qj^^ndler^ etherization depends ; to wit, a due admixture of atmospheric air, Warren, * and the purity of ether from alcohol. Ignorance of these con- ^^^ others, ditions had caused the failure of most of the early experiments merely a^ with ether, by the principal surgeons of Paris, previous to the after- iiublication of Dr. Jackson's communication to the French Acad- tliought. emy, dated November 13, 1846/* M?son'* *^' o. Dr. Jackson discovered a new la/w of the human Varren constitution^ to wit, that the nerves of sensation may at [ 5 ] and H. j, pleasure be safely and completely paralyzed for a short "^ ^+ v^t^'h time, without the loss of consciousness, which state always pre- ^vorld was cedes and follows the state of total unconsciousness produced by in igno- sulphuric ether, and which, by carefully regulating the administra-f.^?^^ ^^ tion of the ether, may be produced and continued for a considera- ung^y^^la^ ble time without causing a loss of consciousness.! of the 4. He discovered and verified, by an experiment made upon^\^°^^?^°^- himself, — an experiment which, for boldness and deliberate cour- fl^lg^*' y°^^J age, is almost without parallel in the history of science, — the phys- after ho iological fad that pure sulphuric ether duly mixed with a^- P^^^^^^s to mospheric air, has the power safely and completely to destroy covered*^1t exceedingly severe pain ; and inferred, with great confidence, that (1841-2.)'^ 32 ■498 ♦Not only it has the power safely and surely to destroy any de<^ree of is there no -^^ ^ *' •' j ./ o this, but 5. He caused experiments to be made under his directions, and on the nega- his responsibihty,t which verified his conclusion as to the power of tive preg- syipi^upjc ether to prevent the pain of the severest surgical operations, against it. The facts above stated are conlirmed by the most direct and (See Mr. unimpeachable testimony. Whitney's 'j^j^g statements of a man of science, in relation to experiments p/395. made by himself, which, by the nature of the case, must be solely t Where is within his own knowledge, by the usage of the scientific v/orld the proof? are received with the highest confidence. It is the occupation of his clarm to his life to mvestigate and announce truth. His precise habits of liave com- observation prevent error. Great risks of life and property are jiiunicated hazarded upon his word. The habit of acctiracy is cultivated by sor Morse' ^^^^^ sense of responsihility under which he speaks, j the inveTi- The first piece of evidence to be referred to, in support of the tion of the above positions, is, therefore. Dr. Jacksooi^s ovjn statement as to SfS!,^/S his experiments and inductions. This statement, w^hich he ad- See Mr. dressed to the committee, and is the same addressed by mm to Whitney's Earon Humboldt, will be found at len and discovery, prior to September, 1846, were made as follows : ^^y. V^^'^p^- In the winter of 1841-42, to George Darracott. temglfncr" In the spring of 1842, to John H. Blake. enongh to In the summer of 1842, to Wm. F. Channing. ^^^^*^ "^ In September, 1842, to S. A- Bemis. y^^^^.j. r^^^^^J._ In September, 1842, to George T. Dexter. wards. In 1842 or 1843, to Henry D. Fowle. ^'i«^out In November, 1845, to D. Jay Browne. f^^f ^^^l In February, 1846, to Joseph Peabody. prehending By the testimony of Mr. Darracott, now published for the first and acting time, we have the facts confirmed in relation to the accident from ^^f^^:!^ ^'^'" the inhalation of chlorine, and the inhajation of ether by Dr. Jack- value of tlie son to relieA^e his sufferings. This affidavit is as follows : ^rath coiu- "I, George Darracot% of Boston, in the county of Suf- muraoau^d. folk, agent of the Boston Gas Light Company, do under [ 8 J oath depose and say, that some years ago I called, in the morning, at the laboratory of Dr. Charles T. Jackson in Boston ; ^''[^ , ''"^ that in the Doctor's manner I perceived an unusual earnestness or p^Qsciipl excitement ; that in answer to my inquiry he said that lie came tioD_, pub- near killing himself from accidentally breathing some noxious gas- — l^^^J;^ JJ chlorine, I think it was — which he was preparing to use in a lee- is^^'wlioily ture ; that to rid himself of the feeling of suffocation he experienced, distinct he inhaled the vapor of sulphuric ether ; that, as the pain caused ^^'^}^^ . . '^^^^ by breathing this noxious gas recurred, he again inhaled the sul- gjjg^.|2a! ^ phuric ether, until he was completely relieved. The time of thistion. interview was some years before any publication about etherization in the newspapers in Boston. (Signed,) GEORGE DARRACOTT." Mr. John H. Blake, a practical and scientific chemist of Boston, in his letter of April 27, 1848, in replying to certain inquiries from Dr. Jackson, says : "I distinctly remember the substance of the conversation which passed between us, in the spring of eighteen hundred and forty- two, concerning sulphuric ether. The conversation took place at your office, where I was passing the evening. Observing that you was suffering from severe pain in the head, 1 was about to take leave, when you requested me not to do so, remarking that This, if in ten or fifteen minutes jou would probably be free from pain, I mere ^sag- i*eplied : * Were I subject to attacks so severe, and of such short gestion duration, I should inhale nitrous oxide.' My remark was not that stupe- intended to be understood seriously. You answered : ' Some of wouUl^ en- y^^^ sulphuric ether would be much better ; and added, ' Are you sue, as aware that, when inhaled, it produces complete insensibility ? ' — from lauda- or words to this elfect, an'T' ^'k' "^ '^''^''^^ aware of this fact : but^ at the time, my impression was, the above, that either nitrous oxide or the vapor of ether, inhaled frequently, does not would be attended with evil consequences, if not fatal, touch the a 'p|^g ether to which you referred was some which I had pre- pared for use in my private laboratory. It was pure sulphuric ether, and very different from the sulphuric ether of the shops — such as was then only to be found in the market.'' Dr. William F. Channing, of Boston, a Fellow of the Ameri- can Academy of Arts and Sciences, author of several works on Electricity and Magnetism, and lately distinguished as the inven- tor of the celebrated Telegraohic Fire Alarms, in his affidavit of May 12, 1848, he says : This is i( In the month of March, in the 3'ear eighteen hundred and forty- fore'3'oino-.^ six, I accidentally inhaled chlorine in thelaboratory of Dr. Charles "^ ° T. Jackson, of Boston, The effect was to produce spasms of the chest and distress Oi respiration, of such a character as to make me apprehend an immediately fatal result. I at once inhaled the vapor of ammonia and alcohol from the mouth of the vessels containing the same, for the purpose of neutralizing the chlorine, but found very shght relief, I also swallov^^ed somie brandy, which gave momentary, but no permanent relief. Dr. Jackson, w^ho had then returned to his office, advised me to try the inhala- tion of sulphuric (hydric) ether, which he stated that he had himself used with success in an accident of the same kind, and he [ 9 ] directed its application by means of a handkerchief. The inhalation of the ether produced an immediate suspension of the spasms, with entire relief from the distress. They recurred again, after a time, with less violence, but were subsequently en tirely removed by occasional inhalations of ether ; so that, in about one hour after the accident, I was enabled to walk from the labora- tory without difficulty. " Several days after, inflammation of the lungs resulted from the irritation of the chlorine, connected with exposure to cold. In consequence of the great relief produced in my own case by the inhalation of ether, I recommended it, shortly after my recovery, to be used as a remedy in ordinary cases of spasms of the chest. "I have heard Dr. Jackson speak on several occasions of the inhalation of sulphuric (hydric) ether, for producing insensibility to pain during operations of a surgical natm-e. These conversa- tions Avith Dr. Jackson took place, according to my recolleetioD, certciinly more than a year and a half ago ; and my own impres- This, if sieji is very strong that the earliest communication on this subject ^^^^^^ ^g^g^ took place during the summer or autumn of 1842, while I was gestion, or acting' as assistant with Dr. Jackson on the geological survey of ^speculation the State of New Hampshire.'*' ^ wouM^'^ot Dr. S. A. Berais, one of the oldest and most respectable dentists even in in Boston, deposes as follows : strict law "On or about the twenty-ninth day of September, in the year \^J^^^^^^*^ * eighteen hundred and forty- two, I was residing as a boarder at But^^ in a Ihe Mount Crawford House, at Hart's Location, in the county of question of Coos, and State of Nev\- Hampshire. On or about the said ^^^?J^^^^^' twenty-ninth day of September, Dr. Charles T. Jackson, of Bos- ^Jp "^^^j! ton, being at that time engaged in a geological survey of New^ for an ac- Hampshire, stopped at the said Mount Crawford House. *^f 1^^^^*!' " Dr. Jackson had, for some years prior to the above date, isnotldvg' been an acquaintance of mine. During some conversation that occurred between Dr. Jackson aad myself, at the time and place above raentioned, and in presence of several other gentlemen, among them Dr. William F. Channing, of Boston, then an assist- ant of Dr. Jackson, various rv<^marks were made respecting my own profession ; and the subject of pain and painful operations was introduced by Dr. Jackson, as being incident to its practice. Dr. Jackson then remarked, that it was his wish to alleviate or destroy all sensation of pain and suffering during operations of a surgical nature, and asserted that this result would be secured by the introduction of a new mode of practice in such operations. After making several observations upon the importance of some new treatment or agent which would prevent all consciousness of pain, Dr. Jackson said that, if I desired it, he would give or pro- vide me with something which he knew would effect that object, and also proposed to me to introduce the same into my profession. I have no doubt, whatever, that the plan communicated to me at How is it the time was the same, in regard to the substance to be used, viz: possible, if sulphuric ether, and in all other respects, as he has since promul- j^^^^e ^l^a^jj gated to the world. Dr. Jackson also remarked, that he had mere spe- heen induced to try its eifect upon himself, when suffering in con- c^Jj^^i^^ sequence of some accident, and that he had been completely sue- ^^^^ ^-^^ cessful in its application, I had no doubt, at the time, that Dr. witness Jackson regarded the successful application of the new agent, should not above referred to, to the purposes above mentioned, as not only ^^^^' ^^^^ practicable, but quite within the grasp of the scientific operator ; burnt upon and I expected to meet with an account of it at some future day his memo- through the scientific journals." ^^* The following statement of Dr. George T. Dexter, now a practising physician in the city of New York, which [ 10 ] has not been before publishedj proves the most precise and distinct announcement of this discovery by Dr. Jackson, to him and others, ajid fixes the time when Dr. Jackson made a similar communication to Dr. Channing : 504 " New York, Bee. 9, 1851. "Dr. Chas. T.Jackson — Dear Sir: Inreply to your request, I most cheerfully communicate to you what I kno%v concerning your dis- covery of a means of preventing ail sensation of pain in surgical opera- tions, by administration of 'ether vapor,' by pulmonary inhalation. ''I distinctly remember that; while you where engaged in the geological survey of the State of New Hampshire, m 1842. and while you were exploring the vicinity of Lancaster, N. H., at T^u i\'^^ which place I was at that time practising the profession of medi- tinct ^from ^^^^^ J^^ communicated to me the properties of strong chloric the princi- ether, or alcoholic solution of chloroform, as the means of arrest- pie o^ing the pain of a decayed tooth; I successfully employed it at t^on."^^" ^^^^ ^^^^ ^y y^^^ advice, you furnishing me with the article em- ployed. I remember, w^hen conversing with you, that you also If this stated that you had made another and more important discovery^ 5!^-l^n ^fi namely, the production of entire insensibility to pain and uncon- valueless sciousness, by the mhalation mto the iungs oi pure sulphuric ether specula- vapor : and you then stated how you made the discovery, and tion. If a (declared it to be a safe and efhcient means of preventisc: all sen- had thought 50 sations of pain in all surgical operations, years be- *' You spoke freely, earnestly and confidently of the discovery t^^^ "tir^t ^^ ^ means of alleviating much human suffering. All this time steam Y^^ "^^^^ vfiih. me in my carriage to the town of Whitefield, for might be the purpose of examhiing the farm of Mr. Bray, and were em- used _foi' ployed most of the time during our ride in 2:ivin^ me an account navigation, ^ f> f^ • . • x ^ v vvkat effect ^^ ^^^^ most important discovery. would this " You remained at Lancaster several days, daring v/hich time you fact hare were sent for in consultation with myself by Gen. L-a Young, who Fultoi?s^'^ was suffering from a diseased spine, accompanied with much pain;: merit? and I distinctly recollect your suggesting the employment of this agent (ether) as the most eifectual means of constraining the parcx- This acrain J^^^^ of pain, and also giving the General an account of the discovery. is wholly ''During the winter of 1842, I visited Boston, and called upon distinct you at your laboratory, and then asked you what progress you from the j^ I made with your discovery. You replied that you had con- pnnciple of . , ^ . ^ -.•> • ^ ^ .- . -. ii etheriza- tmued your experiments, and were satisnea tliat it would prove- tion. all, if not more, than you expected. " I have communicated my knovv ledge of these facts to several Does this 0^ my friends, some time since, and am happy to have it in my witness powder to reply to your letter of inquiry, by stating these facts, mean to w];^i(.}i occurred at a time that must satisfy any disinterested per- avow that , • i i • •. x- i • ^^^ ' -^ t he had this SOU you have, indeed, priority oi claim as vrell as merit. 1 am. boon to residing now in this city, w^here I am practising my profession, l^^^^^ity. and shall be happy to hear from you at any time. I omitted to- Ms'^breasT ^^y that the manner of administering the ether was by a sponge there to re- or handkerchief, aud also that Dr. V/illiam Channing was travel- main for- Ymg with you as your assistant in the survey. Ilf' 5ji* "I am, sincerely, your friend, Morton^ * ''GEO. T. DEXTER/' 505 The following deposition of Henry D. Fowle, one of the most respectable druggists of the city of Boston, fully [ 11 ] proves that Dr. Jackson had discovered the anaesthetic properties of ether as early, at least, as the spring of 1843 : " I, Henry D. Fowle, of Boston, in the county of Suffolk, and Local ap-- Commonwealth of Massachusetts, apothecary, depose and say, ^^J^^^^^J.*^ that my place of business was, in the years 1841 and 1842, in tinct from Green street, in Boston, and near the house then occupied by Dr. the discov- Charles T. Jackson, and that I was in the habit of calling occa- ®^* sionally at his (Dr. Jackson's) laboratory. At one of my calls, in the year 1841, he gave me a phial containing a very strong solu- tion of chloric ether, prepared by himself, which, if applied to a diseased tooth, he told me Avas a sure remedy for some kinds of toothache, and which I afterwards used as such with entire success. Some time after Dr. Jackson removed to Somerset street — I think in the year 1842 — certainly not later than the spring of the year 1843, I called upon him at his house. At this, my first visit at his new residence, I had a long conversation with him, partly in his house and partly at his laboratory, situated near his house. In See Ed- this conversation the chloric ether he had formerly given me for tm;? ' "did the relief of the toothache w^as referred to, and Dr. Jackson then not convey spoke of some other form or kind of ether, different from chloric*^ ^r- J;^ ether, the inhalation of which, he said, would throw a person into^j^^^ a Va- a state of unconsciousness, and render him totally insensible to tient ^couhi pain. Dr. Jackson further stated to me that he had made this ^« /^"f /^^'^'^-''^ discovery when suffering from an accidental inhalation of chlorine, ifj''-^^"^"/^ which caused him great distress: that he then inhaled this other pain.' kind of ether, which produced entire insensibility, and greatly re- lieved him. Dr. Jackson thereupon showed me a phial containing some pure ether, which he stated would produce the effects above described. I asked him if it was chloric ether. He rephed in the negative, and stated that chloric ether could not be inhaled for the purpose of destroying pain, as it contained too much alcohol. "Dr. Jackson further said to me, that he intended, at some fu-^^^^^^ ^^^^ ture time, to make more experiments with this ethereal vapor, proof ne- and to subject its power to destroy the pain of surgical operations cessary to to a practical test ; but that his attention was then so completely f^^^^ *^^^- engrossed by the work connected with his geological surveys, that entertaSe^d he had no leisure for any other researches. Dr. Jackson added the idea it in words to the following effect : ' If you will come to me some ^^^^ ^ ^^^ro time hence, and inhale this ethereal vapor, you can have a tooth speculftion extracted or a limb cut off without pain, and without knowing any- ^ thing about it.' His declaration appeared to me so extravagant and ^^ , .i . strange, that, at first, I thought he could not be in earnest ; on find- Majority ^^ ing, however, that he spoke seriously, and actually meant what he Report on said, the wonderful nature of the declaration, together with the air ^^jy^l^.i^ct of confidence and sincerity with which he spoke, made an impres- ^neged inl sion on my mind which I can never forget. I then urged Dr. Jack- ductions & J0\ specula- son to keep this discovery to iiimself, for it would prove a fortune as^to the*^ ^^^^ ' '^^^ warned him that, if he communicated it t® others as testimony fi'eely as to myself, it ^vould be stolen from him. of witness- " Subsequently, in the year 1846, and before the 30th of Sep- ^^^^^^^"^^''"^ tember of that year. Dr. Jackson called at my shop, on Prince Dr, Jack- street, being on his way to J. H. Blake's (chemist) office, on Ben- son liimself net street. At this interview I referred to the aforesaid discovery in i^i^s letter j^^ had communicated to me. Dr. Jackson then again spoke with Humboldt, perfect confidence of the power of the ethereal vapor to destroy stating lii.sthe pain of surgical operations. He also stated that he had been f ^-* -w^^^ ^^^^^ ^^^^ ^^^^ ^^^ much engaged to make further experiments (it is pre- with this nevv' agent, and he was then about to be absent from the sumed) re- _ city for some time, but that if I would call at his laboratory ih-iT h^f [ -^^ ] s°^^ ^'^^^ during the following winter, he would show me lie calls an ^^^ effects. On another occasion. Dr. Jackson asked me if indifcnon I would conscnt to be his patient, and allow him to make trial of J^^^j^^^^- the ether upon myself I had previously inhaled various gases etbl? on ^^ ^^s laboratory on Green street, and he said that the ether vapor himself in would produce very different effects from either of them, an alleged a J cannot now state, from recollection, that Dr. Jackson, at meS^And ^^'^her of the interviews heretofore alluded to in this deposition, this so- specified the particular kind of ether he had in view for prevent- calied in- i^g the pain of surgical operations ; but I have no doubt whatever sel?^'" re- ^^ ^^'^^ sulphuric ether. I am certain it was not chloric ether. mair.e'J nu- '^ I have never had any conversation with Dr. Jackson respect- der a sort ing the ^ ether controv^ersy,' except at a very brief casual interview iLn— Sd^^^ State street, in the last week of December, 1848. to all the "Early in the spring of the year 1847, 1 called upon Dr. Jack- word— till son to ask him if the ether with which Dr. Morton was operating ?^;. ^^,?^"was prepared by him, (Dr. Jackson.) I was then intending, if coverv four such should prove to be the fact, to have two teeth extracted by years after. Dr. Morton, and to inhale the vapor. Dr. Jackson then advised ^^ ^^^^"^^me that Dr. Morton w^as not a safe or judicious person to admin- it, c\"en if it ^^t^r the ether. Dr. Jackson expressed entire confidence in its existed as a safety and elHcacy, but, on account of the irritable state of my specuUtion jnn^s, he thought I had better not inhale it. ^;Ja "HE>^RYD.FOWLE.- does he de^ serve for <^ SuFFOLK, ) %,, .,, February 4, 1849, ] ''' such imluc- '^ Then personally appeared Henry D. Fowls, hereinbefore named, tion was and made oath that the foregoing statements, by him signed, are true. STifid ra- "Before me, "CHARLES E. ALLEN, tionaiiy he ^'Justice of the Peace.^^ made, from the facts stated by Dr. J., if true, as stated, and was of no value if made. See the. exaTiiination of eminent physicians and surgeons in Boston, before the U. S. Commis- sioner, in the presence of Dr. J. 'a counsel, viz: Dr. Towngend, p. 355; Dr. Bigelow, p. 519; Dr. Warren, p. 301; Dr. J. M. Warren, p. 386; Dr. Gould, p. 265; Dr. Peirson, p. 45!). See also Curtis on Patents, sec. 48j &c. 507 The following unpublished letter is from Mr. D. Jay Browne, of the city of New York, well known as a scientific and acrriciil- tiirai writer, and author of an excellent work on x4_merican Forest Trees : '^New York, Dexemher 19, 1851. " Dear Sir : In reply to your note of the 6th, requesting rae to communicate in writing what I know concerning your discovery of a means of preventing the pains incident to surgical operations, anterior to the year 1S46, 1 would state, that I have examined my diary, and lind that, while I was engaged as engineer in locating the Northern railroad in New Hampshire, in November, 1845, I called at your laboratory in Somerset street, Boston. "You had recently returned from a mining survey on the shores of Lake Superior, and told me of some of the important discoveries you had made there of copper, silver, and iron mines. I had ^ ^, . . long conversation with you in regard to the importance of your i;,ave^^^^ jpv.hlishin^ your valuable researches, which, I fear, you are too amounted much in the habit of delaying. I had particular reference to your to nothing chemical researches in relation to agriculture. You made y^^f barren"^^^^ lisual excuses for your neglect, saying that you wished to review speculation them before you gave them to the public, as you had several other See ante. discoveries te publish at some future time, which you in- g ^xo^^- tended to make iiQQ to the world. You then communica- [ 13 ] examina- ted to me, as one of the most important discoveries you tionsofsur- had ever made, the means of paralyzing the nerves of sensation p^^^^j ^-^ by the administration of ethereal vapor by inhalation into the lungs, jackson, and spoke with great enthusiasm and earnestness of the importance before the of this discovery in surgery, stating that the means proposed by you commis- was both efficient and safe, and would prevent any sensation of pain, Boston even in the most severe surgical operations. The application of where, with this means of preventing pain in our domestic animals, which re- ^ ^^^Y., ^^ quire difficult surgical operations in veterinary art, struck me as jjjl^^^ ^^j.^ of importance to farmers and others interested in their breeding Morton's and management ; and that part of your conversation which re- statement lated to the treatment of anim.als is most strongly impressed upon experiment my memory, on account of the interest I had taken for so many on his dog, years in all subjects connected with agriculture, or the operations he takes ofnatureofanykind. ^ Ihat^'Te " I remember, very distinctly, how graphically you described effect on the manner in which you made this discovery, which arose from quadrupeds an accident* that happened 1o you while hastily preparing some 1^ disas- chlorine gas for one of your lectures. You spoke of this discov- j^, would ery as one made by you several years before, and as the most im- seem ti© portant you had ever made. You confided it to me as one of '"^'^^® ^^ your former pupils, and I strictly held it sacred and never di- ^le'to farm- vulged the secret before it was made public by yourself, the next ers,&c. "^ See aL-JO the exarnioation of J- D. Whitney, Esq., hofore the U. S. Commissioner, "Webb. Mr. Wliitaey was Dr. J.'« assistant in his laboratory at the time fixed by Dr. J. for tie oc- currence of tho accident, and boarded in his house. He heard nothing of it. 508 year, when, on the occasion of a dispute about priority of dis- covery, I deemed it my duty to you to speak of it freely to my friends, and by this means it eame to your knowledge that I bad retained in my memory the facts I now communicate to you in wTitiiig, as I did to you orally during your late visit to this city. You asked me what name gou gave to the agent employed by you at the time you made your communication to me in 184o ; you then called it hydric ether, which I understood to be sulphu- ric ether that has been washed by water, for the purpose of re- moving any alcohol or acids contained in it. I had long since supposed that ail dispute about priority of discovery of anaesthe- sia by ether had been settled in your favor, or I should have im- Witness parted to you this information sooner. Here, no serious doubts w »vixvy ^ii^Tv. liti^i u.ii opportunity ^*y* examining the evidence of the case. ^' RespectfuUv, I am your friend, &c., "D. JAYEROWNE. •'Dr. C, T. Jackson, Boston.'^ '^Sioiied in mv presence, this 19th day of December. 1851. '^ ADONIRAM* CHANDLER, " Cor. Sec. of the Am. Institute*' ' Dr. Jackson communicated his discovery to Mr. Joseph Pea- bo{{y, in February, 1846. Mr. Peabody, after having graduated at Harvard University, was at that tlmt:: a student in chemistry in Dr. Jackson's laboratory. He is at present a student at the School of Mines of France. He narrates the circumstances un- der which the communication was made to him, as follovrs : '-' I was suffering from a severe toothache ; and, intending to have two teeth extracted, a fellovz-student urged me to try the power of mesmerism to elTect insensibility to pain, offering to at- :;ri!^ ^'P'^ tempt to produce the mao-netic state. I consented, and he xen specu- L ^"^ J commenced the experiment. v\ hile we were tnus en- latioa^ if g"g^*^? ^^' Jackson came into the office, and remarked ^iie as he a.^^f j;. ,^,^j^g .^^ ]q^^ ^^ |--j^g ^^^ labor to attempt to repeat the ex- . ' ' periments of the mesmerizers, for their insensibility was only a pretence. ^ if you want to have your teeth extracted without pain,' said he, ' I have mesmerism bottled up in the other room — in the shape of sulphuric ether.' He then repeated to me mi- nutely the effects which would be produced by the inhalation of sulphuric ether. I asked him where he got his information from. He srdd that he had tried it on himself ; that, about four years before, he inhaled it freely, with the view of ascertaining the ef- fects of its vapor on the system, and was astonished to find it produced an entire loss of consciousness ; that this state speedily 509 passed away, without leaving any unpleasant effects. He said that subsequently, while engaged in preparing some chemical ex- periments, he accidentally got his lungs full of chl@rine, which produced a sudden irritation and severe distress ; that, hoping to obtain relief, he applied sulphuric ether ; that he breathed the vapor copiously — having poured the ether upon a cloth which was laid over his mouth. He soon became unconscious and per- fectly free from pain, although the trouble in his lung? returned when the effects of the ether had wholly passed off- He urged me to apply the ether when I wished to have my teeth extracted, assuring me of his confidence that I would escape the pain of the operation. He added that ether prepared expressly for the pur- pose, and freed from its alcohol, would ensure success. I imme- diately determined to make the trial; and as I was obliged to return to Salem, I there commenced to re-distil some ether with sulphuric acid. '* In the mean time I consulted several ckemical and medical works (in a large scientific library to which I had access,) in re- lation to the effects of sulphuric ether ; and found that all the authorities stated that the action of ether upon the system Viras So that injurious, and warned against its use. My father was also averse ^^^ ^^^ to my breathing it. I therefore concluded that the operation pro- hody ven- posed would not be sufficiently serious to warrant me in using any t^red to act application pronounced dangerous by high authorities. Upon my ^^^^ ^^' return to Dr. Jackson's laboratory, I stated to him the opinion of latiou. chemical and medical writers in relation to the use of ether. He said that he w^as aware of the opinions in the works upon the sub- ject ; but, notwithstanding their views, he was satisfied that he was right — that the application of ether would be perfectly harm- less, and its effects would be what he had stated, " This was not the only occasion on which the subject of the effects of ether was mtroduced. He alluded to it in several sub- sequent conversations, and always with the same confidence, so that, w^hen I learned the finai success of the application, I was not at all surprised." The evidence above presented furnishes the strongest proof that Dr. Jackson's statements, in regard to his experiments and induc- tions relative to sulphuric ether, are true. It is admitted by the majority report, that "these statements, if true, prove that this disco '^^ery, so far as private experiment and philosophical deduc- tion could go, V7as as full and complete in 1842 as it was on the morning of October 1, 1846, after Dr. M'orton's successful oper- ation on Eben Frost." The undersigned considers it estabhshed by this evidence that the discovery, to the full extent to which it has been defined in the first four propositions presented on pages 4 and 5, was complete in the mind of Dr. Jackson previous' to 510 March, lfe46, before Mr. Morton claims to have made any exper iments with saiphuric ether. The Yvitnesses above named have never been impeached [ 15 ] or contradicted. The only answer which the opponents of Dr. Jackson have given to this evidence, is, that Dr. Jackson's conduct was inconsistent with his possession of this great discover)'. It is urged that, if his statements were true, he would have hastened to verity his discovery : that he would have at once announced it to the would. The majority report demands. ^•if this statement be truC; how it happens that no contemporary written paper, no private memorandum is exhibited." These ob- jections can be easily answered. e. g., tiie -Q^^ Jackson's conduct in this matter was perfectly consistent aiscoTerv , . , . . i. by him'oi^'^tn nis coiii'se in relation to ms other aiscovenes. Professor ]SIr. Haves, Dr. Jackson's counsel^ in his argument before the Morses committee, remarked: '*^Dr. Jackson's friends have often remon- See Amos strated with him against his procrastination in publishing his dis- Kendall-s coveries. The publication of some of his most important dis- pamphlet. coveries, as, for instance, that of the presence of chlorine in meteoric iron, was delayed for four years.* One of his most impoitant scientific labors has been his researches on gastric juice. The results of his observations were communicated to individual physicians." Dr. Jeffries, of Boston, m an address dehvered be- fore the Suffolk District Medical Society, thus speaks of them : " Let us remember with greatful pleasure that one of our own number, Charles T. Jackson. M. D., upon whom has been con- ferred the highest honor that can be conferred from abroad, did, in a series of experiments on gastric juice, so long ago as in the year 1S34, go far to show the chemical affinities of vital action." These researches have not been published by Dr. Jackson, to this day. The objection that Dr. Jackson could not have made the induction at the tiD;ie he claims, because he was not more prompt in announcing it to the world, has no weight against the positive testimony that he did make this induction a long time before he monT ^i^ communicated it to Mr. Morton. In the language of Mr. J. H. clear tliat Abbot, '^The objection, if admitted to be valid, would be sub- Dr. Morton yersive, in not a few cases, of the most clearly established rights nad already q£ discovery. Harvev did not announce to the world his ^reat tne same . .• . ►- - • i i i it idea; ori- discovery till twelve years alter it had been made. It Wcis more ginally, and than a quarter of a century after Jenner had conceived the idea jr ^^^n- °^ vaccination, and sixteen after his friend John Hunter was ac- gaged in customed to allude to his views, in ins lecture room in London, TerifviDgit. before he made the direct application of vaccine matter in the manner which is now common. It is well known that Newton * Dr. Jackson, as it appears from Sillirnan's Journal of Sciecee. discovered chlorine in meteoric iron in 1834, and pnblished no account of his discorery till the year 1838. Other similar facts might be added. 511 forbore to publish most of his great discoveries for many years^ after they were made. '• The same cautiousness in regard to the publication of his dis- coveries, characterized Wollaston, in a remarkable degree, as it has many other minds of. the highest order. Much of this same cautiousness is known to belong to Dr. Jackson, and hence the confidence with which his discoveries are received in Europe at their first announcement.*' The question is not whether other men would have conducted as Dr. Jackson did, in delaying his experiments and public an- nouncement of his discovery, but, whether Dr. Jackson's course was consistent with his givu character and habits. Dr. Jackson's most intimate scientific friends have always spoken of his conduct in this matter as precisely what they should have expected of him. Dr. Bell, one of Dr. Jackson's intimate friends, says : **One of the great stumbling" blocks in the minds of those who knov/ nothing of the peculiar mental constitution of certain meir- of in- genuity and science,- — the circumstance that Dr. Jackson, if conscious of such a mighty discovery, did not make a [ 16 ] great bruit ai;out it, — was perfectly explained in the minds of all of us ¥ydio intimately knew him and his modes of thinking and action ; Ave feel that w^hat he did, was precisely w^hat a priori we should have expected him to do. Indeed, I have often spoken of his course, in the early days of this discovery, as exactly analogous to his course of action in relation to certain valuable discoveries of his, in the geological surveys of Maine and New Hampshire." Mr. D. Jay Browne was remonstrating with Dr. Jackson against his habit of delay in publishing his researches, when Dr. Jackson, after excusing liimself for his neglect by saying that he wished to review his researches before giving them to the public, referred to this very discovery of anaesthesia, which he intended, at some future time, to make free to the world. Dr. Jackson, in fact, had other and sufficient excuses for not See cvl- extendinpj his experiments of verification. He had already veri- ?,*^^^® . ^^ r J 1 • ?• I,- ir • ^ T :i ^ i^® Boston tied his discovery upon hunseli ; — experiments were needed only surgeons &^ to satisfy the world. He had no facilities for making these ex- to this pre- periments ; he had wholly retired from the practice of medicine *^°?®^ and surgery. He, therefore, had access to no subjects for ex- ^cited in periment. Me naturally shrunk from going to the hospitals, note p. where the chemists are regarded with distrust and jealousy by the ^^j") surgeons, and where, as events have shown, the largest honor of without any successful experiment would have been claimed by the verifiers, foundation Moreover, during the whole period, from 1841 to 1846, Dr. Jack- jj^ *^« ^^i- son was overwhelmed with other pressing duties. From 1840 to jg^iJi^tse^a 1844, he was engaged in the geological survey of New Hamp- libel upon shire. During eight months of each year he was in the field. ^?e institu- The four months spent in his laboratory, were devoted to chemi- ^J°*,j *^ cal researches connected with the survey. The extent of his refers. 512 Is this a labors will be seen by referring to the large quarto volume con- the'^'^test^ taining his report on the geology of New Hampshire, a volume mony? if containing the most valuable original contributions to agricultural so, where chemistry that have ever appeared in this country. Before this d *^^ hJe ^^PO^^ ^^^ printed, he was called to make geological explorations referred to? on Lake Superior. During the years 1844 and 1845, and part of 1846, he was actively engaged in the explorations in that district, and the metallurgical researches connected therewith, which brought to light the valuable copper mines of Kewenaw Point.* Again it is But there was another and higher reason why Dr. Jackson did enquired, ^qj- abandon all other duties to devote himself to experiments of port orTt^e verification. During this whole period, he was constantly dis- evid&ace? covering and developing new truths in science. It is the law of or a parti- Providence that those rare minds which are capable of discover- um of *Dr' ^^S truth, do not measure the value of their discoveries by prac- Jackson? tical standards. Their province is discovery, not application. As the search for each new truth effaces from the mind the thoughts of the last discovery, they are kept to their higher work by that benign arrangement which thus provides for the extension of knowledge among men. Such men strike the sparks and kindle the fires w^hich common men can feel and tend. The objections now answered could only come from those who cannot appreciate the man of genius, and who cannot imagine that a philosopher It is diffi- should have strong confidence in deductions from his own reason- cult to con- ^^ j ings and limited experiments, as in truths which had re- aUo'^eth'er ceived the most extended demonstration and verification, above com- At the commencement of this controversy,! and for several mon minds nionths after it began, Mr. Morton, his professional advisers and ciate'^'^su^cli advocates, rested his claim to this discovery solely upon the ground a man of of his performance of an experiment of verification, although it genius as was devised and committed to him by Dr. Jackson. Dr. Jacob Bige- sfribed ^^' ^^^^^^ admits that Dr. Jackson ^' made partial experiments and re- i'cou-stantlT/ commcnded, but did not make, decisive ones." Mr. N. I. Bowditch, discovering the most zcalous and prominent advocate of Mr. Morton, in his and de- j^gport to the Massachusetts General Hospital, arg-ues in substance oievj tniths that the act of first administering ether to a patient, though under i?i science," Dr. Jacksou's iustructions, and on Dr. Jackson's expressly assumed and whirled j.ggpQj3gjl3J]j^y constituted Mr. Morton the discoverer of etheriza- along his -^ " ' luminous wav so ra- pidly that * " "^^^ peninsula of Kewenaw Point has been known for some years to con- he cannot ^^^° important mines of native copper, which have been explored with care by hold him- ™^^y American geologists, and particularly by Dr. Charles T. Jackson, well self lone ^^^^""^ ^y ^"^ labors upon the geology of many parts of North America, and enouffh to ^^^^ celebrated still on account of his important discovery of etherization.'' — give the -^^^^ ^^ Beaumont, Systemes des Montagnts, torn, ii., page 702. Paris, 1852. world such a blessing as this discovery of etherization. t This is wholly without foundation. See Morton's letter to Wells, p. 124. See his ad- vertisementa and see the testimony. 513 tion. He says: "He [Mr. Morton] administered suphuric ether to a ^^^ ^^ ^^ patient. By so doing he made the discovery." Dr. H. J. Bigelow J^^^ ^}^^^^ says: — "He who verifies the suggestion is the true discoverer." not,) see If anything can be established by human testimony, it is proved Curtis on that Dr. Jackson, on and before the 30th day of September, 1846,* ^^^'^fj] ^g^ had clearly and fully formed the induction that the nerves of sen- and apply sation could be paralyzed by the inhalation of pure sulphuric these to the ether, to SQch an extent, that the severest surgical operations ^^^^^^^ ^^ could be performed without causing pain- and that he had devised wightman, the means of applying it with perfect safety to the patient. Metcalf, By all the principles recognized among scientific men, the dis- 2^^^?^®^'' €overy was made when the induction was complete in the mind '' of Dr. Jackson, and nothing remained to be done but to subject * See note it to the test of actual experiment. JVo experiments of verijica- "''^^'^■>^'^^^ Hon performed hy another, can take the right to a discovery from Mm loho first formed the induction^ and prescribed the means of verifying it. The doctrine which has been so earnestly asserted in behalf of See last Mr. Morton,t that verification experiments constitute the discovery, ^^^^* lias been repeatedly urged in other cases, and as often repudiated | There is by the scientific world. A few cases may be referred to which great care are directly in point. Franklin observed| that the form of the observable electric spark discharged from the prime conductor of an electric tid^^fepo^t machine, was like chain lightning. He observed that bodies struck to call Dr. by lightning were afif'ected very much like those through which Morton an electric spark was passed, and he made a series of experiments thoiigh his with the electric machine, in order still further to expose the rela- diploma as tions of lightning and electricity. He suspended flocks of cotton J^-I^- was from the prime conductor, and observed that when the conductor b^efo7e the was charged, the cotton stretched downward towards the table, committee. He placed a needle-point below, when the electricity was drawn off from the cotton, and it was drawn back to the conducto4\ ^ i'®" Soon the conductor itself was discharged silently of its electricity, happy state so that it would give no spark so long as the needle w^as beneath of mind ex- it. He moreover observed a star of light upon the needle-point ^'^^'^J^S ^* so long as it was beneath the electrified conductor. Now, from erect 'or! these premises, and comparatively few and trivial experiments, Jackson's Franklin boldly declared his conviction that lightning and elec- ?^'^^^l^^l tricity are identical; and, still more, he said that, if a pointed ^"^(J^gq^^^lj, rod, connected with the earth, were erected towards a thunder ty with eloudj it would silently draw ofif its electricity, and prevent a Franklin's, shock. Notwithstanding the loss of life and property to be any^^anab- averted by his discovery, he did not hasten to erect the conduc- gy. The tors which were harmlessly to snatch the thunderbolts from the ^'^^^^'^^g"- ment liere proceeds on the supposed truth that Morton was the mere instrument of Jackson, and that Jackson used him to execute his prescription : whereas, it is clearly proven by many •witnesses that Morton had for months before devoted hhnself to the verification of this idea originally conceived by himself; and Mr. Chandler's evidence p. 258, is clear that Jackson first claimed only to have said to Morton, "way don't you try ether," which Morton was already experimenting with. 33 514 heavens. He even suffered his grand discovery to be first veri- fied by others. A month before he performed the celebrated ex- periment v/ith a kite, a French philosopher, Dalibard, act- [ 18 ] ing upon the suggestions of Franklin, and adopting the means which he had indicated, erected a rod at Marly- la- Ville, near Paris, and employed Coiffier, an ex-dra^oon, to watch it during a thunder-storm, and the ex-dragoon, in fact, took the first electric spark from the rod. By the unanimous verdict of mankind, the glory of this discovery has been awarded to Franklin, as it was by him that the method of obtaining it yvsls originally devised. If the verification doctrines, urged by the opponents of Dr. Jackson, are sound, upon the tomb of Coiffier^ the ex-dragoon, and not upon that of Franklin, should be in- scribed the commemorative motto, '' Eripuit fulmen ccelo.^' There is, The case of Frankhn presents other remarkable analogies to the however, present. In the latter the attempt has been made to show that ticular in there has been no discovery ; that anaesthesia was known to the which _ Greeks and the Chinese ; that even the properties of ether were Frankhn j^^^g ^^^ ^^,gj| j^nown, and that Dr. Jackson was only posted up helow ^^ ^ ^^ the current knowledge of the day upon this subject. So, in Jackson— the case of Franklin, the antiquarians attempted to take from him for he was ^j^g glory of his discovery by asserting that the very experiment .,^^^^^^^^^1 devised by Franklin had been performed a hundred years before. 'velopi7ig They showed that a sentinel who mounted guard on one of the a7id dis- bastions of the castle of Duino, on the Adriatic sea, when he ob- new^tfutks^^^^^^ indications of a coming storm, was in the habit of taking ■in science,'' ^ halberd, always ready for the purpose, which he applied to an so that he iron rod standing in a vertical position ; 'on observing sparks at to^'^ m^Se ^^^ point, he rang a bell to warn the peasants in the field and the them useful fishermen at sea to betake themselves to a place of shelter, to man- It is well known that for a short time it was contended that ^^°^* the discovery of the new" planet Neptune w^as made by Galle, who first saw it. Galle, indeed, verified the discovery by using the telescope as indicated by Leverrier, w^ho, by calculations founded r^^. . . upon the perturbations of Uranus, was enabled to direct the ob- far-fetched, server to the point in the heavens where he should find it. The and as little final judgment of the scientific world coincides with that of Sir applicable David Brewster, as given in his address before the British Asso- parison to ciation for the advancement of Science, in 1850. " The planet Franklin. Neptune was discovered by Adams and Leverrier before a ray of its HgM had entered the human eye." The same laws recognised by the scientific world have restored to Watt the honor of being the discoverer of the composition of water, thouo-h there is no evidence or allegation that he made any experiments upon the subject. He drew his inference or deduction from facts furnished by Priestly. His conclusions were verified by the more accurate experiments of Cavendish. The discovery is awarded to Watt upon the ground that, from reasoning on the facts furnished by Priestly, he first 515 drew the inference that water is composed of oxygen and hydrogem combined and condensed, with a loss of a portion ci their latent heat. (Vide Arago and Dumas, Eloge of Watt.) If the cases above cited have prevailed, « /or^ion must the The award vastly stronger case of Dr. Jackson. According to the award of p^,^^^,^ ® the French Academy in 1850, Dr. Jackson first verified upon Academy himself the physiological jact that persons who inhale etherial was upon vapor are for a time deprived of all sensibility. Moreover,* the ^J^,^ ^""^^'^ experiments for complete verification, or rather that demonstra- account of tion which should satisfy the world, w^ere made under Dr. Jackson's the matter. advice and direction, and the very means were pointed out by ^J^^,^ ^o[- him. All the results were attained which he had given full as- ^ere not surance would follow from those experiments. To such an ex- before tent, as it appears from the testimony of Messrs. Barnes and^^^^^^^ ^^_ Mclntyre, was the responsibility assumed by him, that Morton amination was intact simply his mechanical agent. The case comes em- of the testi- phatically within the principles declared by Rev. William Whe- ^ony ^^^_ well. Historian of the Inductive Sciences, who says : " I gg^^s of do not concede that experiments of verification, made [ 19 ] the hos- after a discovery has been clearly brought to viewt by one ^f ^^^EdT^ person, and devised by the discoverer, and committed by him for chandler"^' performance to another, give the operator a right to claim the and others, discovery as his own." (Letter to Dr. C. T. Jackson.) will show Upon these precedents and principles Morton's operations can ^^^^^ ^^^^f give him no claim to the discovery ; for no great original discov- sumption, ery can be made in the inductive sciences, to quote Mr. J. H. f See the Abbot's admirable paper, " without a single original experiment, ^njf ^^^^g'a without a single independent, original observation, without a sin- y^hether gle philosophical induction — the essential, the only common ele- this « dis- ment in all discoveries in the inductive sciences — without, in fine, '^'"-^'v ^^"'^ originating a single new idea. The most Mr. Morton can claim iroughT to is, not in any degree discovery, but performance, verifica^on, en- view'^ by deavors to introduce into practical use the discovery of another -^^"- J- man." (Littell'^ Living Age, No. 214, p. 569.) The scientific precedents furnish us cases which overthrow ^-^^gandid^^ another pretension of Mr. Morton. He alleges that he had been Dr.' Mor- seeking for some means of preventing pain in dental surgery an- ton's alle- terior to Dr. Jackson's communication to him on the 30th Sep- S^^^^"^' tember, 1846. No one, not even himself, alleges that he had dis- proofs, are, covered any such means anterior to that time. Seeking for a dis- that he covery is not making: it. The followinpf case is in point : Hailey, '^^'^"S' po^- Hook, and Wren had been seeking to establish, and were upon o-mally of the very verge of making, the discovery of the law of gravitation, the idea, to wit : that the force of gravity follows the inverse duplicate ^'^^ , ,J^^ proportion of the distances when the discovery was made by o-ao-ed '' iri Newton. Hailey, meeting with difficulties which neither he nor experi- menting with ether to verify it, before his interview with Dr. J. But Dr. J.'s counsel thinks that M. was not entitled to think, or speculate on the subject, because Jackson was '■'the very man of aU others to have made the discovery ;^' a7i.te, p. 497. 516 Hook, nor those to whom he applied for assistance, were able to solve, went to Cambridge to consult Newton, ^^who," in the words of Whewell, " supplied him VN'ith what he had so ardentJy sought for.'- (Whewell's History of the Inductive Sciences, vol. 2, pp. 150-1 ; London edition, 1837.) The w^hole civilized world awards this discovery to New^ton. Granting all that Morton has alleged in relation to previous ex- periments with ether, upon his own showing he was unsuccessful until Di\ Jackson '' supplied him with what he so ardently sought for." Upon the principles of this case, his alleged seeking, and alm^ost TiYiding, gives him no claim to Dr. Jackson's discovery. We come now to the period when this discovery was subjected to those practical tests and received that verification whidi demon- strated to the world that the most severe physical suffering can See the be prevented by human agency. Whatever may have been Dr. ^^^ ^^I^^^^J^Q Jackson's delay in bringing forth his discovery, t}ie undersigned surgeons of considers the proof conclusive that the final demonstration and the hos- publication of this discovery were eifected mainly through the Mr Chan- ^g^^^y of Dr. Jackson. We will now censider the evidence dler and presented in support of the fifth proposition, before announced, others, namely : that Dr. Jackson caused experiments to be made, under J* k r°% his directions and on his responsibility, which verified his conclu- " Agency" sion as to the power of sulphuric ether to prevent the pain of the in this. severest surgical operations. On the 30th day of September, 1846, he instructed Mr. W. T. G. Morton, a dentist, of Boston, how to apply the ether, and in- duced him to test, under his direction, and with an express as- sumption of all the responsibility of the experiment, its power to destroy pain in dental operations. On the same day Mr. Mor- ton, following the directions he had received, extracted a tooth from a patient without causing him any pain, and thus verified Dr. Jackson's induction so far as the extraction of teeth See Hay- 1^ 20 ] is concerned. The next day Dr. Jackson induced Mr. — thatkor- Morton to go to the surgeons of the Massachusetts Gene- ton had de-ral Hospital, and request permission to make trial of it to pre- terminedto yent the pain of severe surgical operations. The results of these the^^ ^^time trials of sulphuric ether co'iiipletely verified Dr, Jackson's con- here stated, elusion as to the power of that substance to prevent the pain of the severest surgical operations. As to the Fortunately Dr. Jackson's communications to Mr. Morton were testimony made before two highly intelligent and unimpeachable witnesses, of these aentlemen oi education and character, Messrs. George O. Barnes Barnes and ^^^ James Mclntyre. Their testimony, reduced to writing within Mclntyre, a few weeks after the transaction, is here subjoined : (see the a j^ George O. Barnes, of Plymouth, in the Commonwealth of p!^84; and Massachusetts, depose and say : That in the fall of 184{) I was a as ' to student in chemistry with Dr. Charles T.Jackson; that in the Barnes par- ticularly, see the testimony of Mr. Whitney before Commissioner Webb, p. 895.) 51? month of September I was at work in the back room of Dr. Jack- son's laboratory, when Mr. W. T. G. Morton passed through the room, as I supposed to go into the house, which adjoins the lab- oratory. He soon returned, having in his hand an India-rubber bag belonging to Dr. Jackson. As he went into the apparatus or glass-room, I heard Dr. Jackson ask Morton what he wanted to do with the bag. He replied that he had a refractory patient, who would not allow him to take out her tooth, and that he wished to act on her imagination, so as to induce her to submit to the operation ; that he meant to fill the bag with air, meaning, as I understood, atmospheric air, which would give it a formid- able appearance. He then asked how he should go to w^ork to distend the bag. * The lungs or a pair of bellows,' said Dr. Jack- Is it con- son, 'can do that.' ' But,' continued Dr. Jackson, * your propo- J^.^^^^^^^j. sition, Morton, is yerj absurd ; the patient will not be deceived in Morton that way ; you will produce no result, and be denounced as an really ask- itnpostor.' * ' I don't know that,' replied Morton ; ' I think, with ^^ ^i^ ^^ this bag under my arm, w^ell blown up, that I could make her be- g^^g ^ ' lieve anything.' While saying this he placed the bag under his bag, "and arm, and, pressing the bag with his elbow^ several times, illustrated '^f ^^ did, the manner in which he would operate. * If I could once get her J^ent^^^eirn mouth open,' said Morton, ' I would have her tooth out. Why,' ployed by said he, ' a man once bled to death by the mere force of imagina- ^^' Jack- tion.' As he was proce-eding to give an account of this experi- ^2^^^?^ ^^J^^ ment, Dr. Jackson interrupted him, and said : ' Pooh ! you don't important credit such a story as that, surely I I advise you to have nothing to induction.''' do with this idea of using atmospheric air to deceive your patients ; it will only injure you.' Morton replied, ' I don't care. I'll blow it up.' Morton then left Dr. Jackson, and was going from the glass-room,where the latter part of the conversation had been principally held, into the front room towards the street door, w^ith the bag swinging in his hand, w^hen Dr. Jackson followed him, took the bag from his hand, and threw it on the floor. There had been also some conversation concerning nitrous oxide, but not one word concerning sulphuric ether; and Morton had not asked Dr. Jackson to suggest to him anything to prevent pain during his operations of extracting teeth. Dr. Jackson then ad- dressed him, and said : 'Now, Morton, I can tell you something that will produce a real effect. Go to Mr. Burnett's, the apoth- ecary, and get some very strong sulphuric ether — the stronger the better — spatter it on your handkerchief, put it to your patient's mouth, take care that it be well inhaled, and in a minute or two gee above perfect insensibility will be produced.' ^ Sulphuric ether !' said and seethe Morton, ' what is that ? Is it gas ? Have you got any of it ? testimony Show it to me.' Dr. Jackson went to the laboratory case, and Metc'al?^"' took down the bottle of sulphuric ether, which Morton examined Wightman and others, clearly proving that Morton was familiar with ether and experin\entc(l with it long before this date (Sept. 30.) The date prior to July 6, is fixed bevond all peradventurebv Metclaf, p. 222, and prior to Sept. 28, by Wightman, p. 232. 518 and smelt of as though he had never seen the article be- [ 21 ] fore, saying, it was ^queer-smelling stuff.' ' Are you sure,' said Morton, 'that this will do it?' 'Yes,' replied Dr. Jackson, * I am sure.' The rest of the Doctor's reply I did not hear, as I passed into the other room for some purpose, being en- gaged at the time in analytical work. Afterwards I h&ard Morton several times repeat, ' Are you sure it will do it ?' He even asked Mr. Mclntyre, another student in the laboratory, and my- self, if we thought it would doit. ' Won't it hurt the patient ?' said he. 'No,' replied Dr. Jackson, 'it will not do any harm ; for I have tried it on myself.' He then briefly described his own This, if it experiments and the effects, and said, ' that the patients, after said was bi^e^ti^ing a dozen breaths, would fall back in the chair insensible, mere spe- and you can do w^ith them as you please without their knowing ciilatiou. anything about it, or feeling any pain ; so that you can take out their teeth at your leisure.' Dr. Jackson distinctly said, ' it will not do the least injury, I assure you.' Indeed, Dr. Jackson urged As to re- the matter very earnestly and ^^dth perfect confidence, taking on sponsibility i^-j^ggij ^j^^ whole responsibility. He ur^ed Morton to try it on see the tes- , . ,^ . .^ . -K .■," i " , ■ /• ir timony of ^i^iself, saymg that it was the only way to convince himself. the sur- ' Shut yourself up,' said he, ' in your room, and breathe it as I 1^^°^ ^^' "^^have directed.' At the same time, Dr. Jackson, taking a hand- pitals, ^ of ^^I'C^i^- ^^^^ bottle in his hands, went through the movement of C. Eddy applying the ether to it, and, placing the handkerchief to his and others, niouth, made se'vieral deep inhalations, saying, ' this is the way you must take it.' Morton then left, promising to try it imme- diately. After Morton left, the students in the laboratory con- versed considerably about the proposed experiment : and some one asking the question whether Morton would succeed, Dr. Jack- son said confidently, 'he will, if he follows my directions.' " Either on the afternoon of the same day, or the next day — I am not positive which — Morton came to announce the success of his trial. He stated that he tried it on a patient with complete success ; for, while he extracted a tooth, the person was insensi- ble, and knew nothing about it. Dr. Jackson expressed no sur- prise, but appeared as if he had expected this result. Mr. Mor- ton intended soon to perform another extraction. Dr. Jackson then said to him, ' you must go to Dr. Warren, and obtain his permission to administer it at the Massachusetts General Hospital, See the and if possible it should be in a capital operation ; for the people testimony ^y^}} j^q^ believe in the insensibility to pain in case of a mere ren^ ' and tooth, since it is very common for patients, in an ordinary case, to others. say that it did not hurt them, when the twitch is very sudden, and the operation skilfully pei'formed ; this proof would not be regarded by the public as satisfactory.' Morton strongly object- ed at first to going to the hospital ; that everybody could sm.ell the ether, and it would not be kept secret, w^hich it was Morton's object to do. He asked if something could not be put into it which would conceal the ether odor. Dr. Jackson replied, 'yes; 519 some French essence, as the oil of Neroli, may answer in a mea- sure, and a pleasant perfume will be left on the patient ;' remark- ing, laughingly, ^ the scent of the roses will hang round him still.' After some argument, and Dr. Jackson's further insisting upon it, Morton promised to go to the hospital. '' In the course of this conversation, Morton repeatedly begged the doctor to keep the matter a secret. ' No !' answered Dr. Jackson, 'I will have no secrets w^ith my professional brethren. I intend to give Dr. Keep the same information which I have given to you ;' and, in point of fact, every one who afterwards came to get information on the subject, was at once told all about it. "Some time after this, when the experiments had proved successful at the hospital and elsewhere, and while the [ 22 ] patent was being negotiated, the right of using the ether having been assigned to Morton, Dr. Jackson urged him, in my presence, to present the free use of it to the hospital, saying that He says they would not buy a patented article, and it ought to be given ^® ^^^^ ^^ to the poor. Morton was very reluctant to do this, and asked if 4vears^and there w^ere not some pay patients at the hospital w^ho could afford had neither to remunerate him for administering the ether. This was argued given it to a long time, and Morton finally said that he would do so. "^J^. ^^ " A few days after, Morton called at the office when Dr. Jack- son was not in, with a glass bulb in his hand, having only two openings. He proposed to fasten an India-rubber bag upon one of the openings, to contain the sulphuric ether, a sponge to be placed in the bulb, and the patient to inhale the ether from the other opening ; there being no aperture for the admission of at- mospheric air. His intention was, he told us, that the patient should breathe the ether vapor pure, without admixture of atmos- pheric air. I told him of the indispensability of atmospheric air, knowing very well that it would be dangerous to breathe ether vapor without the common air being mixed with it. He was told, also, that the ether would dissolve the India-rubber. He then said that he would stop the opening with a cork, instead of the bag ; intending still to exclude the common air. " Some time after I heard Dr. Jackson speak of Morton's being reckless. He had heard that Morton did not manage well in the administration of the ether. Dr. Jaekson expressed his opinion that it ought to be in the hands of careful and skilful persons. In fact, he was sorry that he had communicated his discovery to Mor- ton, and that he had employed him to make those early experi- ments with the ether. He spoke strongly on these points. " GEORGE O. BARNES. "'Boston, Jlfa^ 21, 1847." " Sworn before me. "JOSIAH QUINCY, *' Justice of the Peace,'^^ ^'I, James Mclntyre, of Bangor, in the State of Maine, depose 520 See WMt- and say, that in the month of September, 1846, I was a student S tsTo ^^ chemistry with Dr. Charles T. Jackson, of Boston. In the lat- Barnes. ter part of September, I was sitting in the front room or office of Dr. Jackson's laboratory, wheji Mr. W. T. G. Morton came in and asked for Dr. Jackson, and passed through the office into the bouse adjoining the laboratory. In a short time Morton came into the back room with an India-rubber bag in his hands, and passed through into the glass-room. Dr. Jackson came in with him, or shortly afterwards. Dr. Jackson asked Morton what he wanted with the bag. He said he wished to blow up the bag, and act upon a patient's imagination by making her breathe from the bag. The precise words of Morton's answer I do not re- member; but the purport of it was, that he wanted to extract some teeth from a lady who objected on account of the pain, and that he expected, by making her breathe from the bag, to believe that she would suffer no pain from the extraction of her teeth. In order to show the eifect of imagination, he gave an account of an experiment upon two criminals, one of whom was bled to death, and the other, having his arm pricked and w^arm water poured upon it, died from the effect of the imagination. Dr. Jackson said that it was absurd, and never occurred. He tolt Morton that it would be useless to try that, as he could not ac- upon her imagination ; and, if he failed, she would sed [ 23 ] him down as a humbug. There v\^as then some conversat tion about the use of exhilerating gas ; whether it was first mentioned by Dr. Jackson or Morton, I do not remember. Morton asked if he could not make it. Dr. Jackson told him that he could not succeed without apparatus and the assistance of some one who had some chemical knowledge ; and that, if he un- dertook to make it, he would get nitric oxide instead of nitrous oxide. He asked Dr. Jackson if he could not prepare some for him ; this Dr. Jackson declined to do, on account of his business. Morton was then going away with the bag, and I have no doubt intended to use the bag by distending it with atmospheric air. " As he was going. Dr. Jackson told him that he could tell him something that would make the patient insensible, and then he could do what hs had a mind to with them. Morten asked what it was. Dr. Jackson then told him to go to Burnett's, and get some pure sulphuric ether, and pour it on a handkerchief, and put it to the patient's mouth, and let her inhale it. Morton asked what sulphuric ether was, what kind of looking stuff it was. I sta/ed in the front room while Morton and Dr. Jackson went to look at the ether. From Morton's question about the ether, I am satisfied that he knew nothing about i<-s properties or nature. I heard Morfon ask Dr. Jackson very particularly whether it would be safe to use it. Dr. Jackson assured him that it was perfectly safe, and alluded to the students at Cambridge having used it. Morton appeared to be afraid to use the ether, and asked him several times if it was safe, Dr. Jackson advised Morton to try 521 it himself. Morton asked me if I would be willing to take it. I told him that I would. The whole conversation between Dr. Jackson and Morton I did not hear, as I was not all the time in the room with them. But I felt sure, from the conversation I had heard, that he came to the laboratory without any idea of using ether, or anything else which would destroy sensibility to pain ; that he knew nothing about its properties ; that the effect which ether would produce was communicated to him by Dr. Jackson ; and that he was induced to try it only by the repeated assurances of Dr. Jackson that it would produce insensibility, and could be administered with safety. The next day after the above conver- sation, Morton came into the office, and told Dr. Jackson that the ether had worked nicely ; that the patient suffered no pain. '• During the time that I was in Dr. Jackson's laboratory, I never heard him express any doubt about the effect which ether would ^ produce in causing insensibility to pain, but have heard him say j^^ ^^^^^^^2 that it ought to be administered with care and by persons acquaint- tation, it is ed with the nature of it. believed, in '' JAMES McINTYRE." ^'lyf^.'^dl'^ " United States of America, | I^'^^m State of Massachusetts, County of Suffolk, City of Boston, j ^^' respon^-^ * " On the first day of April, A. D. 1847, before me, came James iiHty was Mclntyre, and, being duly sworn, did depose and say as within ^^^*^^^* written, and did sign the said within writing, as his deposition in son's and concerning the matter herein specified. famous '• In witness whereof, I have hereunto set my hand and seal of ^/?°^^ ^®" office, on this 1st day of April, A. D. 1847. ZvLs aU " JOHN P. BIGELOW, the ^^boid- '' JVotary Public.'^ ^^^^ ^^^ ^? say audaci- In considering the comparative merit of the parties concerned ^2/" *o^<^^- in the application of this discovery, it is important to determine Jhe^gtrtet where the responsibility of the first experiment rested. If thought to the experiment had been fatal, would the chemist and [ 24 ] Jackson physician, or the dentist, have been held accountable for and Morton the calamity ?* He who incurred the largest risk is entitled to see pages the largest honors and reward of success. 400, 401, The undersigned cannot better express his views upon this^^^^ ^^^^^ point than by quoting the language of a high medical authority, not ^Uow the late accomplished Dr. Gay : — "Mr. Morton, by acting under Ms name to the authority of an educated physician and man of high scientific ^^ ^^.^^^^*" reputation, was shielded from all responsibility but that assumed^ by him as Dr. Jackson's agent. There was no demand for that f Here it moral courage which some have ascribed to him. Let the object ^^^^^^"^^^ ofMr. Morton's visit to Dr. Jackson be remembered, when the ,^L^,-2^^^^^^^ pecuhar properties of sulphuric ether were first made known tot^m/'else- him. His purpose was to deceive a patient in a dental operation, ^^^^^ ^s a by acting on the imagination.! Dr. Jackson dissuaded him from it, Sfication fn and brought forward a long-cherished idea of his own, which he 1842. 522 had previously communicated to several persons, — his plan for the prevention of pain in surgical operations. He supposed that he might safely entrust to Mr. Morton the few and simple directions necessary for carrying the plan into effect, without his personal superintendence. In obeying these directions, Mr. Morton as- sumed only the responsibility of the nurse who administers a new and bold prescription of a physician. Will any "The responsibility of the operation rested with Dr. Jackson, Tbe^^able^to ^^ ^^ch as if he had personally administered the ether. The show bow, maxim, 'Quifacifper alium fact f per £€,' is strictly applicable in what in this case. Dr. Jackson has not, by his mere absence during to^what ex^^^^ execution of his directions, forfeited any portion of the credit tent Dr. that would otherwise have been his due." J. would If the person to whom Morton first administered the ether had have been \)qq^ killed by it, there Cannot be a doubt that the fatal result if the first would have been attributed to Dr. Jackson's prescription or direc- patient attions. In case of a judicial investigation Barnes and Mclntyre l^^^'^^P^^^Nvould have been called to prove that Morton administered the killed by ether in pursuance of the instructions, and under the directions of the inhala- Dr. Jackson, and upon his medical and scientific responsibility. *T?^ iri fi^^ ^^ ^^^^ ^^^^ there can be but little doubt that Morton would have have beard pl^s^ded his entire ignorance both of medicine and chemistry, and that Dr. J. would have justified himself by declaring that he merely followed only said the directions of a physician and chemist, upon whom alone the Chandler^' ^0^^^ ^^^ legal responsibility should rest. testifies,) More than two months after the 30th of September, 1846, when ^'whydo7i'tjyr. Jackson communicated his discovery to Morton, the latter, his 'ether?'' ^'^^ Partners and agents, finding that the claims to the discovery on the ground of verification could not be sustained, for the first time * It is a set up a new claim, namely, that Morton had been for several r^Gif^Y ^^o^ths making experiments with ether. Granting all that Mor- of fact here ton pretends upon this point, it amounts simply to this, that he can be bet- was seeking for the discovery. Nobody alleges that he hd.d found ter decided ^^^ anything before Dr. Jackson's communication to him. The and that undersigned, however, believes all Mr. Morton's allegations, res- too on ex pecting his previous experiments with ether, are wholly unfounded. parte repre- Whoever impartially considers the evidence in this case, must form seutations. ,-, •• ^^•*^i-t-« ^t.- -^^ But the the opmion entertamed m I^ ranee upon this pomt. French The first thing to be considered in the inquiry as to the truth of Academy Morton's allegations, is the high improbability that a man of ex- snch thinff^ ^^^^^ ignorance upon chemical or medical subjects, should have nor is it taken the very first steps towards making this discovery. The un- compre- dersigned has no doubt of his total ignorance in relation to sulphuric 1-ow ^ thi ^^^^^> ^^ shown in his inquiries of Barnes and Mclntyre ; as he was report (on unable to answer questions relative to the composition of the evi- [ 25 ] sulphuric ether, addressed to him personally, by the un- Tives'^ t^^' dersigned, since this subject has been before this commit- knowledge of "the opinion entertained in France." 523 tee. Dr. Gay thus speaks of his want of medical knowledge : . There be- '^ Mr. Barnes testifies that some time after the earliest experiments to°showthe with ether, Mr. Morton showed him an apparatus for administering extent of itj with no provision for the admission of air ; and although told t^ie learn- by Mr. Barnes that the admission of the air was indispensible, heJ^oQ ■^^. gave proof, as late as December last, that he was not aware of the Stanley oii danger of too great an exclusion of it. At that time Dr. N. C. Keep, chemistry, to whom we are much indebted for his valuable experiments and ob- J^gj-^fi^L^^ servations upon the best mode of using the ether, found it difficult to respectful- induce him to permit the air to pass freely through his apparatus." ly to doubt Mr. Morton's own conduct and admissions, in the earlier period T-^^^fJ*^^ of this controversy, prove that he could not have experimented ^^s in the with sulphuric ether, or have suspected the existence of its anaes- expounder thetic properties, previously to the 30th of September. Mr. Eddy, ^^ the hear- Morton's professional adviser and* co-partner in the patent, admits certainly that Morton never informed him in relation to his experiments something with ether. Yet Mr. Eddy declares that he advised Morton that *© ^e better he could not take out an exclusive "patent for the discovery, be- ^Ith ^ether cause, to use Mr. Eddy's own words, " Dr. Jackson had suggested than a man to him the propriety of experimenting with ether." Mr. Morton, who, to say although urging his objections to Dr. Jackson's having any share ^^^ ^^^^l in the patent, made no allusion to lis alleged previous experi- voted the ments. It is not to be conceived that he would not have commu- last 6 years nicated ali his claims, and particularly this, upon which he f^ow^^^^^^^ ^^^l almost exclusively rests, to his partner and legal adviser. the subject. Mr. Morton's unqualified admissions to many of his assistants and agents, from the 1st of October, 1846, till February, 1847, ^his is a S • 1 , ^ ^ X ^ • • "^ \ ' question of prove nis later statements untrue, as to previous experiments, and credibility show conclusively that he w^as indebted to Dr. Jackson for his fully con- first knowledge of the anaeesthetic properties of sulphuric ether, fi^^^^^r^-^ and for instructions how to apply it. Extracts from depositions j^^p. *^* proving these admissions are here presented. All the witnesses are men of mature age, and none of them have been discredited. Says D. P. Wilson, of Boston : l05-'6-T '* Respecting the authorship of the discovery, I do not feel the least embarrassment or doubt, for my opinion has been wholly « yet see founded upon the narrative and declarations of Mr. Morton, in his letter to which, uniformly and without reserve, he ascribed its authorship to Wells, and Dr. Jackson, never speaking of himself otherwise than as the first ^i^^^^^^^^r and fortunate person to whom Dr. Jackson had communicated it. cation^for a " I here speak of the time which intervened betw^een the 11th patent; and day of November, A. D. 1846, or thereabouts, and the month of |^f ^ ^J tes- February then next ensuing, when Morton first claimed the dis-timony *^as CO very to be his own.* ' to the in- " On the aforesaid 11th of November, I concluded a contract troduction with Mr. Morton to become an assistant in his office. During son'sname' this month I had conversations with Morton, in w^hich he expressly stated that ' he was indebted to Dr. Jackson for the idea of the 524 This is un- new application of ether, and had received instructions from him r„d»fl;howtoapplyit."' disproved by all the Said Morton to Wilson, in concluding an account of the inter- denl'^^''''^''^^^ of the 30th of September, with Dr. Jackson: r 9c 1 " ^^' Jackson directed me to apply the vapor of pure sul- •- '* J phuric ether with a handkerchief, or folded cloth, which This would render the patient perfectly insensible, when I could extract stands ^ her teeth with- out her knowing it. I seized upon the new idea, against half ^p^j immediately commenced my first experiments with the ether.' credible ' " This narrative, received from Morton's own lips, was con- witnesses, firmed by statements and expressions made by him, and by the 2r . T?^°? assistants and others connected with the office, from day to day." Metcalfand • ^ J J Wightman were Says Alvah Blaisdell, of Boston : enough, if a j^l ll^^l |-JQ;ig — Qn or about the last of September or the first of October — I had a conversation with Mr. Morton, to the follow- ing effect : I asked him how he succeeded in the application of Seep. 113 ^i^^^^- He replied, 'most satisfactorily.' I then asked him how he had dared to use an agent so powerful. He told me that he had received the most positive assurance from Dr. C. T. Jackson that it was perfectly safe. I remarked, ' then you have consulted Dr. Jackson.' He replied in the affirmative, and stated that the idea of employing sulphuric ether was first suggested to him by Dr. Jackson. I asked him thereupon if it was Dr. Jackson who made the discovery. Mr. Morton at once answered ' that he did, and that Dr. Jackson had communicated it to him, with instruc- tions as to the proper mode of applying the ether ; and that having acted in accordance with his advice, his (Morton's) practice had been successful, the result in every way answering to Dr. Jack- son's predictions.' "I met Mr. Morton frequently afterwards, and conversed with him upon the subject of ether. He uniformly made the same declarations, awarding the discovery to Dr. Jackson." Says J. A. Robinson, of Salem : "From Morton's conversation, I came to the conclusion that Dr. Jackson was the discoverer of the new application of ether. I remember asking Morton, 'how he could sell a right to the new agent. Dr. Jackson having discovered it. He replied distinctly, and in substance, 'that he had purchased of Dr. Jackson the ex- clusive right to the discovery, and patented it.' Morton unre- servedly admitted that there w^s some one behind himself con- nected with the discovery as its originator, and that that person was Dr. Charles T. Jackson." Seep. 112. 525 Says Nathan B. Chamberlain, of Boston: "I am certain that this [interview] was several days after the first of October, of the year 1846. Mr. Morton, by his conver- sation at that time, gave me every reason to believe that some one other than himself was the discoverer of the 'preparation.' He said distinctly, that it was the suggestion of another, and, from Mr. Morton's manner of speaking of Dr. Jackson in connection with tlie 'preparation,' as he did quite frequently during the inter- view, no doubt was left on my mind that Dr. Jackson was the discoverer." Says Allen Clark, of New York : " During the whole interview [December, 1846,] Dr. Morton never claimed to have discovered the new use of ether himself, but left a full and decided impression on my mind [27] that Dr. Charles T. Jackson, of Boston, was its sole dis- coverer, and that he (Dr. Jackson) had first communicated it to him. '' I have since been greatly surprised that Dr. Morton should assume to have discovered etherization ; since from his own de- clarations, and the representations of his agents, I had drawn an entirely different conclusion." Says Horace J, Payne, of Troy, New York : ''During this interview, [January 2,] Dr. Morton stated repeat- edly and emphatically, that Dr. Charles T. Jackson, of Boston, was the sole discoverer of the new agent for producing insensibi- see pages lity to pain, and that Dr. Jackson had communicated it to him. HO, 112. Furthermore, that all the knowledge which he possessed in rela- tion to its properties and its application, had come to him from Dr. Jackson, and that he never had any idea of applying sulphuric ether, or that sulphuric ether could be applied, f®r the aforesaid purposes, until Dr. Jackson suggested it to him, and gave him full instructions." Says Daniel S. Blake, of Boston : " On the 21st day of December, 1846, 1 was employed by Dr. W. T. G. Morton as his agent to sell patent rights of the ' letheon ; ' See p. 109. and in pursuance of my duty as his agent, I travelled through parts of New York, New Jersey, Connecticut and Pennsylvania, and sold rights to different persons. " The first time I had any conversation with Dr. Morton upon the subject of the discovery of the application of sulphuric ether, 526 to the relief of pain attending surgical operations, was when the discovery had been lately made known, viz : in the fail of 1846. It was, I remember, on the day that the operation in surgery was performed at the Bromfield House, in which sulphuric ether was used. I asked Dr. Morton of the origin of the discovery, and he then told me that Dr. Charles T. Jackson had made the discovery, and had communicated it to him a short time previous, and that he first applied it under Dr. Jackson's directions. " Dr. W. T. G. Morton always said, and gave me to understand in ail my interviews with him, (and I was his agent in selling pat- ent rights for the use of the Metheon,' or sulphuric ether, for about two months,) that Dr. Charles T. Jackson was the original dis- coverer of the application of sulphuric ether to the relief of pain attending surgical operations ; that he (Morton) had, in the autumn of 1846, first used sulphuric ether, and then had used it and ap- plied it under the instructions and directions of Dr. Jackson." The only direct evidence which has been produced to support .Morton's claim to pi^evious experiments, is that furnished by the not so. If affidavits of his brother-in-law, Francis Whitman, William P. the testi- Leavitt, and Thomas Spear, three boys in his office, and Grenville mony of all Q. Hayden, a partner in dentistry. The affida^'its of these witnesses nesses Tut "^^^^^ taken in a secret room* in Morton's office, on the same day, Wightman D. P. Wilson having been ordered out for this purpose. If the and Met- testimony of these witnesses is proved to be false, no consideration STcken ^^^ ^^ to be given to the very indirect and indefinite statements of out of the Messrs. Wightman and Metcalf. case, these One of tnese witnesses (Spear) confessed to Messrs. Lord ^^^d'vrr^ [ 28 ] and Palmer that he might have been wrong as to his dates, is admitted, The falsehood of his former testimony is now conclusively and whose established by his admissions to Mr. Calvin Angier, a highly re- dates are gpectable merckant of Boston. yond pro- This important testimony of Mr. Angier is now published for hability of the first time, error, carry hack Dr. " COMMONWEALTH OF MaSSAOHUSETTS, ) Morton- s a jt n t SS. experim'ts Suffolk, j tvitk sxd- City of Boston, Becemher 19, A. J)., 1851. ■phuric ether a j^ Calvin Angier, of said Boston, in said Suffolk county, mer- mer ^ ^pre- chant, do, on oath, depose and say, that 1 have known Thomas vioustoDr. R. Spear, junior, from his infancy, and that I am well acquainted Jackson's ^yith the father and mother of said Thomas R. Spear, junior, and conSuni- ^^^^ ^ have been in the habit of visiting Mr. Spear, senior, and cation to that I have intimately known Thomas R. Spear, junior ; that I him. have had numerous conversations with Thomas R. Spear, junior, on the subject of the ether discovery, smce its publication to the See pages world, and that he (said Thomas R. Spear, junior,) has uniformly 218, 219. stated to me, that he knew that the ether discovery originated * This is false. See Burbank, p. 435. 527 with Dr. Charles T. Jackson, and that he knew that W. T. G. Morton obtained his first knowledge of this discovery of etheriza- tion from Dr. Jackson, and that Mr. Morton had told him (Thomas R. Spear, junior,) that he had learned from Dr. Jackson that the inhalation of the vapor of ether w^ould prevent any sensation of pain in surgical operations ; that said Thomas R. Spear, junior, declared to me that he did not breathe ether vapor until after Morton told him, that the said Morton had obtained his knowl- edge of it from Dr. Jackson, and that Dr. Jackson had assured him of the safety of inhaling it. I think that the said Spear also stated that he himself had first called on Dr. Jackson to assure himself of the safety of the process, before he (said Spear) had dared to inhale it. I do further depose and say, that the said Thomas R. Spear, junior, has repeatedly said to me that the first knowledge of the inhalation of the vapor of sulphuric ether that Morton had, he obtained Irom Dr. Jackson; and that the said Morton had frequently so stated to him, the said Thomas R. Spear, junior, and that said Morton, in his early use of the said ether in his dental operations, always attributed his first knowledge of the discovery to Dr. Jackson ; and further I do depose and say, that said Thomas R. Spear, junior, only attributed to said Morton, and all that he attributed to him (the said Morton) was the use of the ether after Dr. Jackson's prescription, and that said Morton deserved credit for its early administration, but that said Morton was not the discoverer nor the originator of the discovery ; and I See the do further add, and under oath state, that said Thomas R. Spear, examinat'n junior, told me that he certainly should not have inhaled the ether cross- if he had not first had it €lirectly from the authority of Dr. Jack- of Leavett son, that it w^ould be safe for him to inhale it. before the " (Signed,) CALVIN ANGIER." ^: «• Com- ^ ^ '^ missioner in Boston, ^' Commonwealth of Massaqousetts, ) fully esta- Suffolk, \ ^^' blishingthe " City of Boston, December 19, 1851. by Spear In " Then personally appeared the above named Calvin Angier, a his deposi- party well known to me, and made solemn oath to the truth of ^\^°- Spear the above affidavit, to him by me carefully read, by him in my ^JJ^erstood presence subscribed. to be in Ca- " (Signed,) ABRAHAM JACKSON, Jr., '^Justice of the Peace.'' lifornia. The following is the affidavit of Spear, and is intro- duced to show how completely he has contradicted him- [ 29 ] self by his admission to Angier. It must be borne in mind that the three other witnesses all refer in facts and dates sworn to by Spear, and since contradicted by him. Whitman says that soon after July, Morton sent William and Thomas out to hire a man to come in and have an experiment tried upon him. 528 Leavitt refers to the same circumstances, and describes the cir- cumstances of the first inhalation by Spear, without fixing the date. Hayden says that Morton, in August, 1846, tried to induce three young men in the office to take the gas. *• Boston, March 25, 1847. "I, Thomas R. Spear, jr., of Boston, in the State of Massachu- setts, depose and say : " That, about the first of August, 1846, at request of Dr. Morton, I inhaled a portion of ether, which William P. Leavitt brought from Brewer, Stevens & Go's, in a demijohn, in Dr. Mor- ton's office. The rest of the young men in the office were afraid to take it ; but, having taken what I supposed to be the same before at the Lexington Academy, I did not hesitate to take it when I learned what it was. "About a week after the ether was purchased of Brewer, Ste- vens & Co., Dr. Morton was expecting some persons at his office to witness an experiment, and he then offered me a sum of money if I would be present and inhale the ether. I when home and consulted my parents, and they advised me not to go. I have often heard Dr. M. say, that when he had completed ms invention for extracting teeth without pain, he should be satisfied. "Ever after Dr. Hayden came into the office. Dr. Morton seemed wholly absorbed in making this discovery, and had a number of bottles, an India-rubber bag, &c., &c., with w^hich he prosecuted his experiments in the little room adjoining the front office, where he frequently locked himself in. " Dr. Morton offered me five dollars if I would get some one to come into the office, and to have an experinuent tried upon him of having a tooth extracted while under the operation of gas. I went, accordingly, down to the wharves, in company wdth Wm. P. Leavitt, in order to get some one for this purpose, but did not gei any one to have the experiment tried upon. "THOMAS R. SPEAR, Jr." It is very iustly remarked by Doctors Lord and Jones, in their See pages • •. '' "^ . "^ r u 218 219. mmority report, as lollows : " This (Spear's) confession, under the circumstances, is alone sufficient to dec'de the whole of this part of the testimony, even if there were not abundant inherent proof of its utter worthlessness. All four of these witnesses were together in the office of Morton. Their affidavits were prepared together. They were all in the same interest. They all profess to know and to testify to the same thing. If the testimony of one is confessed to be false in „ the only essential particular, namely, the date, that of the others S«^P-«-'-is false likewise. ^ ' ^' ' 529 *' But the falsehood of this vital part of the testimony m favor of Morton's pretensions to prior experiments, does not rest upon the confession of Spear alone. This confession is corroborated by the positive oaths of John E. Hunt, George H. Hayden and Don Pedro Wilson. '^John E. Hunt, an assistant in the office of Morton in Novem- ber, 1846, swears that Morton told him that he (Morton), at that time, namely, November, 1846, had never inhaled the vapor of sulphuric ether, and that Spear assured him, a [ 30 ] few days after his entrance into the office, on an occasion of inspiring- the ether, that it was the first time that he (Spear) had ever inhaled it. (See Appendix.) " George H. Hayden, of Calais, Maine, (see Appendix B,) swears that Spear told him, some time in the month of November, 1846, that the day before was the first time he had ever inspired the vapor of ether. *'Don Pedro Wilson, an assistant in Morton's office, says (See Appendix,) that the first time he knew of Spear inhaling the ether was about the middle of November, 1846, which corresponds ^vith the statements of the other witnesses. *^ ft should be borne in mind, in this connection, that the depo- sitions of Spear, Whitman, Leavitt and Hayden, were taken a short time after Morton found it for his interest to set up preten- sions to the original discovery, and it appears in evidence that they were never heard, previous to that time, to claim the dis- covery for Morton. " There is nothing left but the testimony of Theodore Metcalf and Joseph M. Wightman to sustain the pretensions of Morton io experiments for ascertaining the ansesthetic power of sulphuric ether, prior to this interview with Dr. Jackson on the 30th of September." Upon this the minority of the former committee remark: Vague? ^ ' See his late esaminat'n '' Ihe statement oi Mr. Metcalt seems to be too vague to pos- (p.222) and sess much weight in view of so great a mass of conflicting testi- cross exa- mony. ^-«™. *'A11 that is said by this witness, in relation to the conversation s.Commis- between himself and Mr. Morton about the nature and effects of sioner in sulphuric ether, at the store of Burnett, may be easily explained ^^^^^°' ^^? without supposing that Morton was engaged, as he alleges he gtnai/stat"- was, in any experiments to test thq efficacy of this agent in the ments and subjugation of pain. *" deposit'ns. *' The very small vial, said to be an ounce vial, alleged by Mr. ^^^ ^"^ i^e Metcalf to have been in the hands of Morton on that occasion, clearer, even supposing him not to have mistaken sulphuric for chloric "}^''® ^^°" ether, might have been procured for use as an anodyne in his more *'con- family, or for trial on the nerves of teeth, and might very naturally vinclng. 34 530 have led to the remarks and inquiries, which are narrated by Metcalf as having taken place, as well as to tales of school-boy experiments of its inhalation, &c., but it is certainly very impro- bable that so small a vial was procured for the purpose of experi- menting upon its effects by inspiration. See his " The testimony of Mr. Wightman is more important, a^d un- ^^d^^^o^^ less there is, on his part, some extraordinary confusion in the examinat'n dates of interviews with Morton, his statements are brought into before U. direct antagonism to a very formidable array of testimony, pro- S.Commis-jqy(>g^ by Dr. Jackson, to show the entire ignorance of Morton of Boston his ^^^^ efficacy of sulphuric ether to remove the sensation of pain, original leaf ''The affidavit of Mr. Chamberlain, a philosophical instrument from his niaker, of as high respectabihty as Wightman, discloses the fact annexed,' ^^^^ ^^- Chamberlain, some time in the summer of 1846, sent (p. 232) fix- Morton to Mr. Wightman for 'India-rubber bags,' which were ingthedate (I (33igned to be attached to a blow-pipe, in Morton's office, for positive y. gQjj^g yggg connected with dentistry : and also the fact that he (Chamberlain) was consulted by Morton in regard to the gasses proper to be used in these bags ; and that he saw nothing of Mor- ton after this interview, until some time in the month of [ 31 ] October following, when he (Morton) further consulted with him in regard to an 'ether inhaler,' &c. '' Now Mr. Wightman seems, in his statement, to connect these India-rubber bags, which are described by Mr. Chamberlain as being designed for a blow-pipe in the summer of 1846, with the inspiration of ether and the 'ether inhaler,' respecting which Mr. Chamberlain swears he w^as consulted (and probably Mr. Wight- man was also) by Morton in the month of October, which was after the interviews wherein Dr. Jackson imparted to Morton all his knowledge in regard to ether." The Hon. The undersigned is satisfied, after carefully examining ajl the raember no testimony bearmg upon the point, that the inter'\"iew of Morton tisfied ^but "^^'i^h IMr. Wightman, at which the conversation respecting sul- Mr. Wight- phuric ether took place, occurred after the 30th of September, man's cha- and after Morton had derived from Dr. Jackson the information i^^eacha^' respecting the properties of ether. Morton, in his Memoir, causes ble, and his it to be distinctly understood, that he proceeded to Dr. Jackson's book fixes office on the same day that he had the interview with Wightman. Ltf ot!t^ "^ He says, moreover, that on that day Dr. Jackson gave him "a eontempo- rt ^ • \ i ^ • -^ ' • ^\ ^■^ i>.t ^ •!• raneonsen- nask with a glass tube inserted m it. Mr. Ivlclntyre says m his try. deposition: "I was in the laboratory of Dr. Charles T. Jackson on the 30th day of September, A. D. 1846, on which day Mr. W. T. G. Morton called to procure an India-rubber bag, for the pur- pose declared in my deposition of April 1st, A. D. 1847. Mr. Morton did not, to my knowledge, ask for or take from the labora- tory a glass tube and flask of any description whatever, which I should certainly have known if he had. A few days after the said 30th of September, on the second or third day of October, Mr. 531 Morton did call and take from the laboratory the above apparatus." Mr. George O. Barnes also testifies, " that Mr. W. T. G. Morton did not, on the 30th day of September, take from the laboratory of Dr. Charles T. Jackson a glass tube or flask, or any apparatus whatever for the inhalation of sulphuric ether. I was in the labora- tory daring the whole time that Mr. Morton remained, and heard the conversation between Dr. Jackson and himself. He did call, three days after, to procure such apparatus, and Dr. Jackson then gave him a glass flask and tube, with instructions for their use." These depositions leave no doubt that Mr. Wightman was mis- taken in the date he has given to the interview with Morton. " Unless, therefore, the recollections of Mr. Wightman are be- wildered by confounding the occurrences of two conversations with Morton at different times, his testimony, though not exactly conflicting with that of Mr. Chamberlain, is certainly unsustained by any other reliable evidence of Morton's early experiments, and is in* vital conflict with the w^hole current of proof solemnly at- tested by a large number of Morton's former agents and assistants." Finally, the undersigned believes that the statements of Morton, This is an and the testimony of witnesses who have been within his control, assertion are entitled to no credit, because there is conclusive evidence that shielded by Morton is capable of giving and manufacturing false testimony, sionar^pri- His own acts in relation to this controversy completely discredit vilege. If hira as a witness.* i^ade else- It is known that a former committee of Congress had this^ould be- subject under consideration. A report was presented by Mr. Ed- pronoimc'd wards, in behalf of three of the committee, in favor of Mr. Mor- ^ " ^^^^^j ton's claims. Two of the committee reported adversely to Mor- anT^Sf. ton, giving the whole credit of the discovery to Dr. Jackson. No ci'ous libel" action upon the subject was ever had by Congress. The reports andsoesta- of the committee, in fact, were never called for. The subject was ^^^^^?^^. ^^ not even presented in the Senate ; yet Morton published Such a'pas- the following advertisement in the Boston Atlas of April f 33 1 sage might 14th, 1849: -^beexpect'd ' ^^ trom the A CARD. advocate, but not " The subscriber, having returned from Washington, begs leave -^'^-JJ !^® to give notice to his friends and patients, {Cojigress having de-'had^ not a cided the ether controversy in his favor,) that he is now able to particle of devote his attention to the various operations in dental suro-ery, ^^'^i^^nce^ particularly to the administration of ether. '' ' w^i^ti^T " Persons contemplating having artificial teeth inserted are as- or excusing sured that nothing can surpass the excellence of his ooerations in ^^^^^^ ^ ^'^^' this department. " W. T. G. MORTON,' M. D." ^^^ ''^^'^<^^- * Pray, at what period of the proceedings before the Committee was this in- troduced ? Did any member of the Committee ever lieur of it ? A7as not Mr. Stanly himself the first to object to any collateral inquiries bearing on character ? and did not Dr. Morton challenge such inquiry if allowed to extend to Dr. Jackson. 53 C ^o such Of this advertisement Hon. F. \V. Lord, a member of the com- lverhel?d ^^i^^^^ before referred to, in a letter of April 16th, 1849, addressed of before to Dr. Jackson. and examined by the undersigned, speaks in the ihe Com- following strong language : " Morton, too, has advertised that ?!,^f^" V C'ongress has recognised him as the discoverer of etherization, &c. it be' asked. This is quite characteristic of the unscrupulousness of the charla- ib this a re- tan. How any honorable man can sllow his name to be asso- port on the cia|;ej ^yith the schemes of this fellow, after the public announce- before the nient of such downright and deliberate falsehood, is a mystery to me. commiitee. '' The truth is, (and ^lorton knows it), that Congress has not acted at all upon the subject, nor decided anything. Three mem- bers (of the House of Representatives), out of two hundred and twenty-six, have adopted a repojt conceding to Morton the chief merit of the discovery, and two of the same body have denied to him all claim, and the House ordered, as is usual on all such occa- sions, the two reports to be printed. This is all. There has been no action of any kind/"^ This statement of Morton could not have originated in a mis- take or a misapprehension. It was a bold assertion, deliberately published with the intention to deceive the public, and to increase his practice in dentistry. This is alone sutficient to throw suspi- cion upon any allegation made by Morton. Can Mr. The question as to Morton's character is made by the report a Stanley ixiost pertinent one in this issue. It might have been one most read this proper to consider, even if the report of the majority had not report? Did made it necessary, as an act of simple justice to Dr. Jackson, to benotrwL-e pui^lish the evidence which has been presented to discredit Mor- himself to f ., ^ exclude all ton as a witness. inquiry as The majority report declares that "the committee have no rea- to charac-gQji ^q doubt the entire truth and accuracy of Morton's statement Iv'^ imperti- °^ experiment upon himself, although he cannot verify it by direct nenti and evidence." The majority report constantly refers to matters as was it not established facts, v%-hich are proved only by Morton's own state- Dr M^ortmi ^^^^t. He is admitted as a witness in the case, and no doubt is not asking expressed as to the truth of the statements made by him. Dr. it? Jackson remonstrated before the committee against any weight being given to Morton's statements. He declared that he was a man of infamous character, and therefore wholly unworthy of credit. Dr. Jackson, by his counsel, offered to the committee evidence to prove Morton's infamous character, for the purpose Onmotion ^f discreditiug him as a witness. The committee declined to re- ?Y. ^' ^^^' ceive this evidence upon the grounds distinctly declared by them, that the committee should throw out of the question the state- »ments of both parties. This the committee have not done with respect to Mr. Morton. The committee, moreover, reprove Dr. Jackson for having spoken of Morton with great bitterness, and declare that " they deem it but just to say that Dr. Jackson's charges are not only not supported, but are wholly inconsistent 533 with the current proofs in the case." Dr. Jackson thus stands charged as a false calumniator. The undersigned, [ 33 J therefore, believing Dr. Jackson to be an honest and truth- ful man, cannot, without doing him gross injustice, withhold the evidence as to Morton's character. If there is anything harsh or severe in this procedure, it has been rendered necessary by the course of the majority. It v.ull be seen by the evidence presented by Dr. Jackson to the Dr. Mor- committee, published in the appendix, that his charges against Jy^g^^f ^^J^ Morton are proved to the fullest extent. JacksoBfor Thi-owing out of the case, as we must do, all Morton's own libel, and statements and those of the witnesses peculiarly within his control, ^^^^ ^^"^ ]^ , o ' 1 11 .• Ill- • , 1 ' • liow pencl- and referrmg to the declarations made by him against ins own in- j^g. terests, and to the testimony only of unimpeachable V7itnesses in relation to the introduction of this discovery, what are Morton's claims to the discovery of etherization ? 1. Anterior to Dr. Jackson's communication to him, on Sep- Cojura.— tember 30th, 1846, Morton had no idea that ansesthesia could be 5®® ^- §• • • • Dana F produced by the inhalation of any vapour of any kind. See his Dana' Hay- statements to Dr. Paine, Dr. Heald, and others. den, Met- 2. He did not go to Dr. Jackson's laboratory for the purpose calf,Wight- of procuring any means of producing any anaesthetic effect. See ^e^t','spear" the statements of Barnes, Mclntyre, and Dr. Jackson ; also Mor- Whitman, ' ton's own declarations to Dr. Paine and others. Gould. 3. In the interview with Dr. Jackson, he made no allusion to ^-^^^ \^^did ether before he had received Dr. Jackson's communications. See designedly statements of Barnes and Mclntyre. After Dr. Jackson had an- withhold nounced to him his discovery, he did not then claim that he had ja^gonhis previously had the same idea. He did not say that he had experi- knowledge mented with ether, or show it at his office to any credible witness, andhispur- Nor did he claim these previous researches in his communications P?f-J' ^°5 . , . . . r -i. ^vith good With ms patent solicitor. reason. 4. Even after he had extracted the tooth without pain, there is (See the no evidence that he had any idea that ether could be employed in telegraph surgical operations. He had no idea of going to the Massachu- setts General Hospital until directed so to do by Dr. Jackson. Havden *p! See statements of Barnes and Mclntyre and his own declarations. 193. 0. He did not take any responsibility in the early operations Co7itra.— with ether either at his own office or at the hospital. See depo- and ^^f^e sition of Wilson, &c. other snr- 6. He was influenced by no philanthropic purpose in his efforts geons. to introduce the use of ether, but acted purely as a mercantile jackson^^* speculator. See the following extract from his circular, dated phnanthro- November 25, 1846 :* * I?— ^^*' " I am now fully prepared to dispose of Kcenses to use my in- Iq^^J, ^'J' vention and apparatus in any part of the country upon the follow- 3d, 25 per ing general terms : cent., kc. * Note this date, and the language " wi/ inveiuio^i,'^ and contrast it Avith p. 523, of this report. 534 TERMS FOR DENTISTS, In cities of loO,000 inhabitants. _ ^200 for five years. 6i 50,000, and less than 150,000, 150 a a 40,000. 50.000, 100 cc (( 80,000. 40,000, 87 ii a 20,000, 30,000, 75 cc a 10.000, 20,000, 62 a S( 5,000, 10,000, 50 iC " Surgeons' licenses, for five years, 25 per cent, on all [ 34 ] charges made for performing operations wherein the dis- covery is used, &c., &c. " W. T. G. MORTON." Dr. Mor- What claim and merit has Morton in relation to this discovery, ex - ton's debt^gp|-|-|^^{- j-^g confided imphcitlyin Dr. Jackson's chemical and medi- son is sim- cal knowledge, and promptly and closely followed his instructions ? ply for his The undersigned, having now presented his own views as to oftnion j-}jg relative claims of the lv70 principal contestants for the honor \n^ ^"^Dr. ^^ ^^^ discovery, has still imposed upon him the task of correct- Morton's ing many of the errors both of fact and reasoning which appear own) that in the report of the majority. tio^n ^° \vas ^^^ undersigned deems it unnecessary for him to attempt to safe, and controvert the position of the majority report, enforced by so ex- that whattraonlinary an array of learned quotations, that this discovery of rifled^ ''^^J anaesthesia, for which the committee recommend so munificent a himself rew^ard, is, after all, one which has been known in all ages. It is was not an difficult, how^ever, to reconcile this view of the majority with the He^^had'^'a statement of Dr. John C. Warren, quoted by them a*s the very right to^igh^s^ medical authority. In a communication in the Boston consult Medical and Surgical Journal, this eminent surgeon says : " The books and discovery of a mode of preventing pain in surgical operations has and to take ^^^^ ^^ o])ject of strong desire among surgeons from an early suggestions period. In my surgical lectures I have almost annually alluded* andthereby to it, and stated the means which I have usually adopted for the Laveinvaii-'^^^^^^^^^^'' of this object. I have also freely declared, that, not- dated a pa- withstanding the use of very large doses of narcotic substances, tent in the this desideratum had never been satisfactorily obtained." The law? ^^ See statements of the majority report, as to the state of knowledge Curtis on current in the medical world in relation to the properties of sui- Patents, phuric ether, before Dr. Jackson's experiments and opinions were sec. 47-8. ]b:nowm, demand a more careful consideration ; for it is asserted that Dr. Jackson, previously to September 30, 1846, had discov- ered nothing that had not been known, or in print, in London, for 'some years. The only explanation w^hich the undersigned can give for the extraordinary opinions expressed by the majority upon this point is, that they have not reflected that they have been considering the subject from the present stand-point, and that, in view of the 535 light which has been shed upon it within the last few years, they can form no correct idea of the obscurity which prevailed in early times- The report speaks of the fact, " as well known to students of chemistry and medicine, that the vapor of sulphuric ether inhaled for a short time allayed pain." It says that '^ Mr. Morton's studies enabled him to know all that was then known of this agent, then familiarly known as a nepenthe." It says "that the stupifying effects of ether were well known to students and scien- tific men." Dr. Warren is quoted to show that the effect of the inhalation of ether in producing exhilaration and insensibility has been understood for many years. It is argued that Mr. Morton, in May, 1845, was in possession of all the knowledge w^hich Dr. Jackson had upon this substance, as he then owned Pereira's Ma- teria Medica, which contains the following sentence : " Vapor of ether is inhaled in spasmodic asthma, chronic catarrh, and dyspep- sia, whooping cough, and to relieve the effects caused by the ac- cidental inhalation of chlorine." The undersigned conceives that the opinions and references above given convey a totally incorrect idea as to the former state of medical knowledge in relation to the properties of sulphuric ether. In the cases referred to in the work of Dr. Beddoes, ether was used as a diffusible stinRilus, or at most as an anodyne, like opium. It was not known as a nepenthe, but as a stimulant like alco- hol, and as a means of producing temporary drunkenness. Its [ «35 ] effects in producing stupor and unconsciousness were known, but these effects were regarded as exceedingly dangerous. Al- Yet Dr. though its effects in producing unconsciousness were known, there J^^^intains is not the slightest evidence that the belief any w^here obtained that the un- that it produced insensibility to pain. Nothing in Pereira's work conscious- indicates that ether produces paralysis of the nerves of sensation. ^.^^^ ^^^' It was simply recommended for the same purposes as alcohol and i^[^ inrolr- other diffusible stimuli are used ; alcohol having been formerly ed the the usual remedy for suffocation by chlorine. whole dis- There is nothing in Pereira's work which could have suggected ^^^^'^^' the application of ether for aneesthetic purposes, while the work, if it ever had been read by Morton, would have distinctly warned him from using ether. This author speaks of its inhalation as dangerous, and quotes a case of dangerous stupor as a caution against its use. The majority report loses sight of the fact that the use of ether to such an extent as to produce unconsciousness, is spoken of in all the medical boolcs as dangerous and occasion- ally fatal. Brande's Journal quotes a case of dangerous stupor of thirty hours' duration. Christison, in his work on Poisons, quotes the same case. Beck's Medical Jurisprudence, and Wood and Bache's U. S. Medical Dispensary, refer to cases of death produced on boys by inhalation of ether tr©m a bladder, the acci- dents in this case having occurred from breathing ether without admixture of air. All these books contain cautions against breathing ether. These medical authorities were arrayed against 536 AH this Dr. Jackson in his early attempts to introduce ether as an anses- Sifely left t^®tic agent, by a highly accomplished scientific man, the father to be col- of his student, Mr. Joseph Peabody. How can it be said that lated with Dr. Jackson was simply posted up in the current medical know- ty^T^ort^^" ^^^S^ upon this subject, when, in opposition to all medical authori- ties, he had de4:laj ed and proved by his own bold experiment that the inhalation of ether, to such an extent as to produce insensi- bility, and to such an extent as never had been voluntarily and delicerately attempted before, wt^s perfectly safe ; when he had discovered, what was never before suspected, the conditions upon which that safety depends, and had inferred and declared the con- viction, never before expressed by any other person, that the severest surgical operations could be performed without pain under its influence ? The views of the majority upon this point are in direct opposi- tion to the opinion of the great surgeon Yeipeau,* who, speaking in the French Academy upon the absurd claims which had been set up in France to a knowledge of the effects of ether, says " That which is new is the proposition of rendering patients upon whom we wish to operate wholly insensible to pain, by means of inspiration of ether. No person, to T^y knowledge, has ever made this proposition before Mr. Jackson, and no person before the dentist Morton had ever applied this means to a [ 36 ] diseased man." If such knowledge was possessed by the medical w^orld in relation to anaesthetic agents, and particularly sulphuric ether, as the majority report labors to demonstrate, then no discovery has been made by either party, and the proposition to give a national reward to any claimant for the discovery is an outrage ; then the acclamation which has re- sounded throughout the civilized world, and in every hospital and academy in Europe and America, that this is the greatest discov- .._ ? ery of the age, has been an ignorant, c:n idle clamor! An attempt is made by the majority to show that Dr. Jackson's acts and omissions, in the early stages of the public introduction of ether as an anaesthetic agent, render it improbable that he was the discoverer of etherization. They say, ^^From the 30th of September until the 2d day of January, during which time this * The majority are particularly unfortunate in their reference to M. Velpeau, whose position in this matter they evidently misapprehend, for although M. Yelpeau states in his Medicine Operatoire, Paris, 1839, tome 1, p. 32 : '< To avoid pain in surgical operations is a chimera which it is not permitted to pursue at this day. Cutting-instrument and pain in operative medicine, are two words which never are presented, the one without the other, to the minds of patients, and it is necessary to admit the association." — On this point M. Bouisson, in his work on anaesthetic agents, published in Paris, in 1850, says: ''Happily these decrees {points ^'arre'O, with which science was menaced, are not judgments without appeal, and M. Velpeau himself haa been one of the first to recognize it. The rigorous determination of the anaes- thetic properties of ether and of chloroform, the application which itwas pro- posed to make in surgery, have come to prove that progress was possible, and that a new way has opened itself for the welfare of humanity." — p. 48. 537 discovery passed successfully the experiment um crucis, Dr. Mor- ton wa^ in full and sole undisputed possession. It was not until sometime after the trial of the operation in a capital case had been made and proved successful, that a claim was publicly set up by any one to the honor, or share in the honor, of the discov- ery." Again, the majority report says: *^ During all this time Dr. Morton alone claimed the discovery and conducted the expe- riments^ &c., and not until all was complete and completely veri- iied, not until some time after the operation of the 2d January, 1847, did any rival appear and publicly cJaim the discovery, or even a participation in it. Subsequently to this time claims were urged by Dr. Jackson and Wells." Nothing can be more at vari- See Chan- ance mth the facts than these statements. Dr. Hitchcock's affi- " under which he had communicated the discovery to Dr. W. T. G. Oct.27jpp. Morton, and also gave his opinion relative to the safe and judi- 258. cious demonstration of the new agent. Mr. Henry Sumner, in a letter to Dr. Jackson,' of March 16, 1852, says : '^I can from my own knowledge state that you did claim the discovery of etheri- zation from the first public announcement of it. Indeed, your statements to me, previous to this announcement, were such as to induce in my mind the idea that you were over- sanguine in regard to the results of your discovery." Dr. Jackson's claims to the ^ g^^ j^^^ discovery were asserted daily and constantly, not by newspaper note. On advertisements, it is true, but in every mode which was consistent 27th Oct., with his personal dignity and self-respect. ofthescS At that time no formal public reclamation was necessary on tific men of Dr. Jackson's part. Dr. Jackson's claim to this discovery* was Boston, :it not denied. Morton and his associates then simply exaggerated J^^ ^^^ the merit of his connection with the verification. On or about jaekson the middle of November, Dr. Jackson proceeded to take the most Icneiv some- formal and deliberate course for asserting and proving his claim ^^^^^ ^?^"^ to this discovery, before a meeting of eminent scientific, legal and ^f andhe medical gentlemen, convened for that purpose at his laboratory, was qnes- The occurrences at that meeting are thus described by Charles G. tioned_^ee Loring, Esq., well known as one of the most eminent practition- ^^^,^ ^^l{^ ers of law in Boston, in the following letter addressed to the mooy, and undersigned: Di- J« M. Boston, March 26, 1852. ^^^ers. "Upon recurring to a memorandum-book kept by the clerks in my office, I find that an entry is there made of my attending a ^ ^^ ^!" meeting at Dr. Jackson's house in November, 1846. I have a tfve^7 ^that very distinct recollection of the event, although I should not no such let- otherwise have been able to designate the month or year. Al that ter was in meeting were present Dr. John C. Warren, Dr. Ware, Dr. before^^he Gay, Mr. Joseph Peabody, Francis B, Hayes, Esq., aad [ 37 ] committee. 538 ^TMs gen- ixiysejf, and I think that Dr. Hale was also present. I understood attorney of^^^^ it was ealled in pursuance of the advice "which I had given in Dr.Jackson conference with Mr. Hayes^ that, as the subject was one involving summed up momentous consequences, and concerning which it was desirable ^on's riihts ^^ Proceed advisedly and safely, and one which from its nature in a propo- required the opinions of scientific gentlemen, it was expedient to sitiontoDr. have the matter submitted to their consideration in our presence, ^fJ^°^ v*^ that we micrht advise with intellig-ence and confidence. allow nmi ^ai •t-.ti ^ i -w r- ^ ' i • twenty- five At the meetmg Dr. Jackson made a tull statement of his claims per cent, and of the circumstances which led to his alleged discovery, and on his pro- q^ those which he represented as having taken place between him tent. See ^^^ ^^f- Morton, and whick induced him io make an experiment ; p. 101. but whether this statement was in writing or verbal, aided by written memoranda, I cannot tell; though my impression is that that^^^^he^t was mainly in writing. He did exhibit evidence in support of shouldhave his claims, all of which I cannot recall to mind. But I remember written the that Mr. Peabody made a very minute and convincing statement referred to. ^^ circumstances that occurred while he was in Dr. Jackson's office, and that another young man made one of what took place when Mr. Morton came to bring an instrument to Dr. Jackson for inhaling, if my memory is faithful. " I cannot state how far the other gentlemen were satisfied, but my own conviction was entire that Dr. Jackson was entitled, as between him and Mr. Morton, to the entire merit of the discovery, and no intimation of a contrary opinion was suggested at the meeting. I inferred that the other gentlemen were of the same opinion, if they did not express it at the time, and I have ever since acted confidently as the legal adviser of Dr. Jackson on that behalf w^henever called upon by him." Taking The undersigned has examined a paper, stated by Dr. Jackson possession ^^ }^^ ^ memorandum or brief of the communication made by him priate ^i^ ^^'^ meeting. In this the discovery is claimed by Dr. Jackson phrase. to its full extent. What course could Dr. Jackson have pursued The open fQj. taking^ a more formal and absolute possession of this discovery QTJQ snip ^ 1 ^ ' V possession ^^^^ ^^ one above described ? This letter of Mr. Loring shows how was in Mor- purely fanciful is the hypothesis of the majority report, that Dr. ton. No Jackson had not, prior to the operations of December 1st, "fully to " toL^^^^ ^P ^^^ niind to claim the discovery." possession'' No such formal claim was necessary on Dr. Jackson's part ; for, was mani- in the first communications made in relation to this discovery be- lt was quite ^^^^ ^^y scientific bodies, Dr. Jackson was distinctly recognized safe, and as the author. The following letter of Hon. Edward Everett, apparently submitted to the committee, but which has never been published S do*M^ (a letter to the same effect, presented to a former committee, hav- ing been "lost" by the chairman), shows conclusively how com- pletely in error the majority are in asserting that Dr. Morton was in sole and undisputed possession of the discovery: 539 Cambridge, 2^st October, 1851. "Dr. C. T. Jackson— Dear Sir : I readily comply with your ^"^ ^^^^^^ request that I would furnish you with a statement of my impressions ^^ll having as to the discovery of etherization. I have always considered it heard Dr. to have been made by you. My first knowledge of this discovery Jackson's ^ was derived from an account of it given at a meeting of the ^^^^^^J". ^^^ American Academy of Arts and Sciences in Boston, on the 3(1 contra, «'al- November, 1846, by Dr. Henry J. Bigelow, of that city. Dr. ways con- Bigelow, after describing the dental operations performed by Dr. ^^^^^^ jjjg Morton undej- the influence of the newly discovered * com- recollection pound,' (as it was then called,) stated that Dr. Morton [ 38 JofDr.Bige- had derived his knowledge of the substance used from you. tur'e will be " The next day I had occasion to deliver an address at the corrected opening of the Medical College ; and in preparing that address by Dr. B.-s for publication, I appended a note to it, from which I extract the testimony following sentences : g, c^iji" " ' I am not sure that, since these remarks w^ere delivered, a missioner, discovery has not been announced, w4iich fully realizes the pre- P- 319. Int. diction of the text, I allude to the discovery of a method of pro- ^^'^ ducing a state of temporary insensibility to pain, by the inhalation of a prepared vapor. A full account of this discovery is given in a paper by Dr. Henry J. Bigelow, in the Boston Medical and Surgical Journal, for the 18th of November, 1846. Dr. Bigelow ascribes its first suggestion to Dr. Charles T. Jackson, and its ap- plication, under his advice, for the purpose of mitigating pain, to Dr. W. T. G. Morton, both of Boston.' " Such was the nature and the source of the impressions formed by me at that time, relative to the discovery of this w^onderfui ansesthetic agent. My address was published at the request of the medical class, and had, I suppose, the usual circulation. I believe it was the first non-professional publication in which etherization was alluded to. I am not aware that the manner in which I stated the facts of the discovery was objected to for sev- eral weeks ; when a controversy relative to priority unhappily arose. In that controversy, I have neither taken nor wish to take any part. I have read several publications on both sides of the question ; and several have appeared which I have not read. Nothing has come to my knowledge which shakes my original impressions as above stated. " I remain, dear sir, with much regard, '*Very truly, yours, ''A true copy. "(Signed), EDWARD EVERETT." '^Attest, Dr. A. D. W. Martin." The majority have presented some purely original reasons for the assertion that Dr. Jackson, until the first capital operation, had no fixed confidence in the success of the new anaesthetic agent. The chief merit of originality is in the invention of the facts upon 540 which these reasons are founded ; for it will appear that they exist simply in the imagination of the majority. The undersigned particularly refers to the comments of the majority upon the course which it is asserted he pursued in relation to two letters sent to M. E. de Beaumont, announcing the discovery. The re- port says, in substance, that Dr. Jackson, after he had nearly As to this, made up his mind to claim the discovery as his own, on the 18th f ^^ ^k "^"if t ^^ November, enclosed to De Beaumont a paper with directions possible ^0 fi^s it? b^t ^ot to break the seal until he directed. " This pa- motive per," it is said, "its seal and custody, showed that Dr. Jackson could Dr. i^i^e'^Y llow to save a secret and yet preserve the evidence of dis- his -' sealed '^o'^'^O' 5 that he hastened to take a formal contingent? possession packet" of this discovery in Europe, before he witnessed, even as a spec- except as tator, a single operation under the influence of the new ansethetic by^Sfe ma- agent. It seems that he had not yet fully made up his mind to jority? His claim the discovery. He wanted further verification before he excuse took the steps of announcing it as his own. He therefore directed i?^that"he t^^ letter, making claim to the discovery, io be deposited, sealed^ -was con- in the Academy, not to be opened until he should direct." stantly dis- " The success of the first of December removed all doubt. He ^JJI^k^^> therefore wrote the last letter on that date, directing M. E. de newtruths'^ -, ■, ^ ^ .. ^ &c. But Beaumont to open the sealed packet." now Dr. Dr. Jackson's statement of the facts connected with this corres- f^^^d^t"^^^ pondence is as follows : — After writing his letter, dated t?j^give"he [ 39 ] November 13, he took it to Robert H. Eddy, Morton's world some solicitor and co-partner. He declared to Eddy his inten- ^^P^^fJ^^™ tion of appealing to the French Academy of Sciences, and told truth." hi^ that he intended to send the letter which he then exhibited to Whyshould E. de Beaumont, for that purpose. R. H. Eddy, and Caleb Eddy, he seal his ^he father of the former, begged Dr. Jackson not to send his let- he^ had^ for t^^? saying that they would "do what is right" towards him. yearsfbefore By their solicitations. Dr. Jackson was induced to delay sending fully arriY- ^he letter for half a month, or until the next steamer sailed. Pre- truth ^ ^ viously to the sailing of the steamer of the first of December, Dr. Jackson called again upon Mr. Eddy, and showed him three let- ters, which he intended to send to France by the steamer. Two When and addressed to Monsieur E. de Beaumont, one dated November 13, where? Let and the other dated December 1 ; the third addressed to the King the mem- of France, Louis Phillippe. Dr. Jackson states that Mr. Eddy Committ^^ and his father replied, " Send away as soon as you please ; we be asked to -^^cwred it hy the last steamer : you are too late ; some one has say if there been put to sleep in France, and in England too, by this time." was any ^ j)^^ Jackson immediately sent the two letters addressed to M. E. Again it is ^^ Beaumont, enclosed in one envelope or seal, and desired M. E. asked, is de Beaumont to communicate their contents to the Academy of tWs there- Sciences. n^nority or ^^ °^^ ^- the letters — that of 13th of November, 1846 — he de- evidence ? scribed his discovery, and requested that a commission should be rom 541 appointed to test it in France. He declared the discovery to be ' induced r his own, and that he had induced a dentist in Boston to make use ^J^' games of it in preventing the pain incident to the extraction of teeth, and Mcln- and that he had requested Dr. Warren to test its power in pre- tyre agree venting the pain of a capital operation at the Massachusetts Gen- ^^f^^^^ ^^' eral Hospital. came to Dr. In the letter dated December 1st, he communicated to M. E. Jackson de Beaumont the fact that claims for a patent in France would be ^^^^^J'^f* presented by R. H. Eddy, the co-partner of Morton, and he de- resulted' sired the Academy to take such action as would frustrate that from _ that scheme. In this letter he expressed no desire to secure a patent ^^^^^^^^^^^ for himself, but desired that his rights, as a discoverer, should be whollyfi protected in such manner as might be proper. He did not express Morton. a wish that the letters should be placed in a sealed packet. But ^^^ ^^^ M. Milne Edwards, one of the physiologists of the Academy, and stipulated a perpetual secretary, to whom M. E. de Beaumont show^ed Dr. before this Jackson's letters, erroneously supposing that Dr. Jackson desired ^^'^^ ^^® to secure a patent in France, advised that both letters be placed jj^ve, first in paquet cachet e. 10 per cent. These statements of Dr, Jackson are confirmed by the follow- ^^^ *^^^ ing letter from M. Elie de Beaumont, which has been examined on^paten^s] by the imdersigued : See Eddy, p. 286. [Trarisiation.] "Paris, January 3, 1847. " My dear Sir : I have received duly the letter which you haa -^^^^ ^^jj^'i the goodness to do me the honor to write to me from Boston, the jy^^ j >g ^}^_ 1st of December last; also that of an older date, w^hich was en-ject, as un- closed with it. I have read with lively interest the expose of the ^^^^^^^^^ important discovery with which you have enriched the art of gg^^^j^Qj^^f healing ; your double letter arrived on Sunday, the 20th Decern- was a pat- ber. My first movement was to communicate your discovery to Q^^- the Academy of Sciences at its ^ssion of 21st December, and for that purpose I communicated it to one of the perpetual secreta- ries, M. FiourenSj who is one of our most distinguished physiolo- gists, and who comprehended at once its importance. " By an accidental circumstance, the correspondence ^ Contrast could not be read that day, which hindered the communi- [ 40 ] hls^pieten- cation from being read. During the interval between this sions here- session and that of the Monday following, (28th December,) I mbefore carried your letter to be read to another of our physiologists of ^^^^^^^® ' the Academy, M. Milne Edwards. This last made the observa- tion that your object being to take out a patent for invention, it was necessary to omit reading the letter to the Academy, because, if it were read, your method would be printed in the Comptes Rendus and in the journals, and, according to the laws, so soon as a method is printed, it cannot become the subject of a patent ; 542 consequently, in order to preserve all your rights, with the dates of the arrival of your letters in Europe, I have enclosed tliis double letter in a sealed packet, (paquet cachete,) which I de- posited with the Secretary of the Institute. This packet bears for subsciiption : ^Sealed packet relative to a Physiological and Two Medico- chirurgical discovery, sent by Br. Jackson, of Boston, mombs^af- United States, and deposited in his name by M. Elie de Beaa- ter^ ^^^'-fjio7it, 28th of December, 1846," and it has been mentioned in and six^h^se terms in the session of 28th December, and it has also been weeks after noticed in the Comptes Rendus of that session, which will be pub- ^^™P^®^?, lished on the 3d of January. Your letter, enclosed in the packet, ^'^ ^ "■ bears veiy distinctly the post-mark of the day of its arrival in Paris (20th .December.) The depositing of similar packets is very frequent, both by members of the Academy and by other persons who wish to secure priority of a discovery previous to di- vulging it. " When you desire, we can ask the opening of the packet and the publication of its contents ; but I ought to inform you that the Academy has nothing to do with the delivery of patents. " Accept, I pray you, the assurance of my distinguished senti- ments of esteem. Your affectionate servant and friend, " (Signed) L. ELIE DE BEAUMONT. " Paris, January 6, 1847. '' To Dr. C. T. Jackson, Boston, Massachusetts." Post-mark, January 7, 1847. Contra : The com- What act or omission, on the part of Dr. Jackson, can be re- 2g*"epeat! ferred to, to prove the extraordinary statement of the majority — ed declara- that he did not claim the discovery — except his refusal to trumpet tions that forth his claims to the discovery, as his adversary had done, in not leThis advertisements in the papers ? His course in this respect was name be such as suited the feehngs of delicacy of a gentleman and a man. connected of science. He expressly refused to give Morton a certificate, ton's d^s-^^^ next morning after the operation was performed by the latter, cov'ry; and that the application of ether was safe. Not because he had any the omis- doubt of it — for he had assured Morton, in the most unequivocal ■^*^'^^^'j^^p* manner, the day before, in the presence of two witnesses, of its himself safety, and the simple fact that Morton applied to him for the cer- safely out tificate of safety, shows that this application was founded upon *^^d 7^^t ^^' J^c^son's previous assurances of safety — but for the obvious, length ap-^^^ most natural reason, that he did not wish to figure in Mor- peared as a ton*s quack advertisements. .spectator at Hqw different from the notions of the majority upon this mat- field house" ^^^ ^^'^ ^^^ following sentiments, uttered by a distinguished peer when the of France, in a country where charlatanry and ignorant preten- discoyery sion rarely find sympathy and support. established ^^ ^ discussion which took place in the Chamber of Peers, at in value, the sitting of June 30, upon an article prohibiting medical adver- 543 tisements, M. le Compte Beugnot remarked as follows : ** It is The pas alleged, that, by the article under discussion, important disco ve- j^^rench ^^ ries, such as that of vaccination, would be prevented from count's being made known. I do not know what occurred at the [ 41 ] speech is of epoch when vaccination was discovered ; but this I well ^^ ff^utter- know, that, for all the great discoveries of w*hich we have been ed. It es- the witnesses in our own times, their authors have not had re- tablishesno course to any of those means of publishing which we wish to pro- .^"^^^^i scribe. I ask if the illustrious Laennec has employed newspaper nothing notices and advertisements to sprend and make known his great short of ab- discovery of auscultation ? / asky also, if M. Jackson, who ^^^^ ject subser- just immortalized his name by the discovery of etherization, ^fl^ foreign title em,pleyed these means to spread and introduce among us the dis- could give covery which he has made ? If Dr. Civiale, for lithotrity, if M. ^* ^^^ ^®^" Pelletier, for the discovery of sulphate of quinine, have employed bXTSd newspaper notices and advertisements in the public journals, and how does all those other means which we wish to proscribe ? No, no ! ^^i^? which They have not had recourse to these means, which are resorted to ^yj^ence ™ only by charlatans." find its way The majority drew inferences unfavorable to Dr. Jackson's into its claims from his unfortunate connection with Mr. Morton in a ' ■^^^^^'^ patent for the application of this discovery. Dr. Gay, in his state- ment, thus remarks upon this transaction : — "An impression unfavorable to Dr. Jackson's just claims has arisen in some minds, in consequence of his signing a petition for letters patent, in w^hich Mr. Morton is represented as a joint dis- coverer with him. It is well known to Dr. Jackson's friends, that he always regarded the position of one engaged in scientific pursuits as a profession — as an elevated one ; and deemed it a sort of impropriety to procure letters patent for the practical applica- tion of a scientific discovery. He himself never w^ould have pro- cured one merely for his own pecuniary benefit, in a case so im- portant to the interests of humanity. " The facts are these ; Mx. Morton applied to a solicitor of patents to take one out for himself. The opinion of th^ solicitor was, that the patent law9 would permit Mr. Morton to take out a ^l *^ ^^^^^ patent on account of the part he had in the new application; and sworn evi- he further stated to Dr. Jackson that Mr. Morton would assuredly ^ence of take out one in his own name, and he urgently advised him to unite ^^ Sent with Mr. Morton in applying for a patent, to be issued in Mr. solicitor, p. Morton's name, in order that his own rights to the discovery might 397. be recognized in the first paper relating to the new application of either filed at the Patent Office. He observed, if Mr. Morton should take out a patent himself, and thus procure a kind of re- cognition at the Patent Office of his having been the discoverer, he might afterwards refer to this recognition in proof of it. The solicitor remarked to Dr. Jackson, that, should he take out the 544 patent mth Mr. Morton, he might make over to him his own share of it, and that he would not then be a partner with him in holding it. As Br. Jackson had great confidence in the solicitor, both as a friend and in his professional capacity, he, after long hesitation, consented to the plan proposed. There is no doubt whatever in the minds of Dr. Jackson's friends, that he consented to it for the sake of preventing Mr. Morton from holding a legal instrument in his possession, with his own name alone in it as a discoverer.'' This is an Dr. Jackson's own statement in regard to this transaction, in ir^amous ^iis letter to Baron Humboldt, although resting solely upon his most re- o^^'^^^'ord, bears strong evidence of probability. He says : '^Find- spectable ing that I was in great danger of losing the credit of my discov- gentleman, ^j-y^ j ^r^g foolish enough to listen to the advice of the patent ^gg^ g^g^jQ. solicitor, Eddy, whom I did not at that time suspect of being in- iaed under terested Vv^ith Morton in his attempt to rob me of my discovery : oath. and by his pretended friendly advice I allowed my name, under the following protest, to be used in procuring letters patent. This document I found was not the one that Mr. Eddy [ 42 ] actually sent to the Patent Office, and that discovery led to an investigation proving that Mr. Eddy was a co-part- ner with Morton.* " The protest dictated by me, and written in my presence by Mr. Eddy, was as follows : " ' Dr. Jackson is extremely unwdlling^o take out a patent for anything applicable to the relief of human suffering : but, in order to secure the honor of this discovery, and to conform to the laws of his country in transmitting his right to another, consents,' &c. " Under his usual power of attorney, Mr. Eddy altered this as follows, and without my kno^'ing it at the time I signed it : 'Dr. Jackson, willing to benefit Mr. W. T. G. Morton, assigns to him his rights and interest, and requests the commissioner of patents See Eddy's j.^ ^g^^^ ^^le patent in the name of W. T. G. Morton,' or words p. 397. ' ^^ that -effect. Trusting that my injunctions had been faithfully carried out in the papers, I signed them without reading them, and that was the origin of the whole mystery of my name having been associated with that of Mr. Morton in this patent so impro- perly obtained." The strong fact which confirms this statement, and furnishes a motive for the conduct of the patent solicitor, otherwise inexpli- cable, is, that the records of the Patent Office show that Mr. Eddy had the interest in the patent of which Dr. Jackson speaks. [See Appendix.] The undersigned believes that he has now established, in direct contradiction of the assertion of the majority, that Dr. Jackson's own conduct and bearing, in reference to this discovery and its *See annexed copy of an assignment, from TV. T. G. Morton to R. H. Eddy of one-fourth of his rights in a patent then about to be procured. 545 verification and presentation before the public, from the 30th of . H^ " *«- September, 1846, down to the time that it was fully established, il]}ZbeX prove that he was, and did believe himself to be, the discoverer, ^tscover^jr" It is still necessary to controvert one position of Dr, Jackson's of Morse's adversaries, — that he had not full faith in the efficiency of his dis- ^nd^ haTh ' covery. This position rests solely upon the often quoted state- Mved early ment of Mr. Caleb Eddy. Mr. Eddy, after relating a conversa- enough, tion with Dr. Jackson, remarks: "I said to him, *Dr. Jackson, ^'^'^i?, ^'^ did you know at such a time, that after a person had inhaled ether, disputed his flesh could be cut with a knife without his experiencing any steam with pain? He replied, 'No; nor Morton either. He is a reckless ^^^*5^?>.^'^** man for using it as he has: the chance is that he will kill some- wi^thFranlc- body yet.'" lin. It must be remembered that Caleb Eddy is the father of the ^, p , , patent solicitor, who induced Dr. Jackson to enter into the patent, Eddyis^ot and who was a partner of Morton in the sale of patent licenses ; impeacbed, that, at the time Mr. Caleb Eddy's letter was written, the pros- ^^d is pect of vast fortunes to be realized by the sale of patent rights, ^epmach.^^^ had beeii destroyed by Dr. Jackson's course. The younger Eddy's conduct, in mveigling Dr. Jackson into the patent arrange- ment, had broken up all friendship which formerly existed between the Messers. Eddy and D\ Jackson. Whatever Mr. Eddysays is spoken under the influence of strong personal animosity. But little weight can, therefore, be given to the narrative of a conver- sation given by one whose prejudice would have led him to re- member only what was against Dr. Jackson's interest. More- over, it is impossible that Dr. Jackson could have made such ad- missions against his own rights, when he went to Eddy's house for the very purpose of remonstrating against Morton's being connected with the patent. That Dr. Jackson regarded Morton as a reckless man, — that he was afraid Morton would kill some- body on account of his recklessness in the mode of admin- istering ether, — that he regretted that he had entrusted [ 43 ] the verification of his discovery to such a man, — is doubt- less true; but that he had no doubt of the efficacy of this agent in the severest cases of surgical practice, and regarded it as per- fectly safe, when properly administered, is proved by abundant testimony. Mr. Peabodysays: '*I returned to Dr. Jackson's laboratory about a week alter he had communicated his discovery to Mr. Morton, and since that time have been constantly with him; and I can most pesitively state that not at any time has he shown the least w*ant of confidence in the importance of his ap- plication ; and not for a moment hid he undervalue it, nor has he ceased to assert his claims as the sole discoverer." The following letter of Mr. Henry Sumner, a respectable gen- tleman, never before published, is perfectly conclusive as to Dr. Jackson's faith in this application : 35 546 "Boston, ^jor*/ 10, 1849. Dear Sir : Calling at your office a day or two after you had comnmnicated your discovery to Mr. Morton, of the use of sui- This is phuric ether as an agent for destroying pain in the extractioa of merely the ^^^^^^ ^^^ some days before its application in surgical operations foio^^wWchat the Massachusetts General Hospital, I met Mr. Morton there, Morton had who wished to ascertain from you some means of disguising the ^%. ^y^^l ©dor of the ether. I distinctly recolleet hearing you, at the same interview, affirm, with great confidence and enthusiasm, that the severest surgic&l operations could be performed upon patients un- der the influence of that agent, without giving them the slightest pain. This, of course, struck me with surprise ; but many days did not elapse before your most sanguine expectations were real- ized, and the world astonished with one of the most remarkable discoveries of the age. I trust you will ere long receive the award of merit due such distinguished service rendered to suffering humanity. "I am, respectfully and sincerely, your friend, ^* HENRY SUMNER. *^ Dr. Charles T. Jackson, Boston." The only answer required to the letter of Mr. Edward Warren, published in the minority report in support of the position now controverted, is the following extract from the deposition of Mr. Wilson, given in May, 1842 : *' Mr. Edward Warren, the author of a pamphlet supporting Morton's claims to the discovery, was directly interested in Mor- ton's patent. There was a contract in writing between them, by the terms of which it was provided that Warren should receive ^n per cent, of the proceeds of all sales under the patent. The orig- ijial contract I copied myself, at Morton's request, at a time when a large sum of money was expected to be realized from the patent." The majority have attempted to discredit Dr. Jackson's state- ments of the incidents of his early experiments, by declaring that See the " each successive letter written by him, in relatioa to these ex- conclusive periments, states the case more strongly than the last preceding ; reviews in ^^^^ ^j^^^ ^^le facts superadded in the latter letters are these which report.^ alone give novelty and importance to his experiments." This the undersigned conceives they have wholly failed to prove. In order to make out their case^ and to show that Dr. Jackson observed in his first experiments no more than had been stated as having occurred in Dr. Thornton's practice, they made him speak of a catarrh having been relieved by ether ; when, in fact. Dr. Jackson has in no case spoken of having suffered a catarrh, [ 44 ] but a severe and painful inflammation of the throat caused by the action of chlorine. There is not the slightest ground for the assertion that any im- portant facts have been added since his earlier statements. In Dr. Jackson's letter to Mr. J. H. Abbot, of May 19th, describing his first experiments, he speaks of "a cessation of all pain, and 547 the loss of all feeling of external objects^ a little while before and after the loss of entire consciousness." This was omitted in his very brief letter to Dr. Gay, of May 20th, 1847. That this was accidentally omitted, is proved by Dr. Gay's pamphlet, to which the letter is appended. Dr. Gay says, " The history of this discovery has been derived from Dr. Jackson himself .'^'^ In recounting the experiments Dr. Gay says : Afterwards, still suffering from the chlorine, he continued the experiment to such an extent as to produce complete general insensibility. Full relief from the suffering was experienced before he became unconscious, and it continued for a short time after the insensibility had passed away." The fa«t is. Dr. Jackson's letter was not so full as his oral statements to that eminent physician had been. All that can be alleged in relation to these statements is that Dr. Jackson, like other men of quick intuition, may not always give a full statement Qu, Was and the exact order of his reasonings in arriving at his results ; i^ likely and, like La Place, may by some persons be thought to have f^fj^^ ^p^e- jumped at conclusions, the steps of which he supposed all men of pared letter science would perceive. All that Dr. Jackson adds in his letter should stop to Baron Von Humboldt, are the steps of his reasoning, which he f^n^lpeten^ has often been told by others he ought to explain. No new facts sions of the are alleged by him as to his experiments upon himself, but only a writer ? more minute and detailed analysis of them, and the philosophical explanation of his deductions. Whatever may have been the pro- ccvss of his reasoning, the grand fact remains, that he did form these deductions, and that solely in consequence of his having formed and promulgated those deductions, suffering humanity now rejoices in the precious boon of anaBsthesia. The majority refers to the report of the Massachusetts General Hospital as conclusively settling this question of discovery. They say : *' It was one in every way proper to be tried and settled by intelligent men, a jury of the vicinage ; and it was so tried by a most appropriatetribunal, the Trustees of the Massachusetts Gene- ral Hospital, at which the first public exhibition of this pain- destroying power was made. The question of discovery w^as tried before these men, trustees of a scientific corporation, to' whom Dr. Jackson was well known ; and this board, composed of men whose names would do honor to any scientific institution, presently after the discovery, near the time and at the place where it occurred, gave, by a unanimous voice, its honor to Dr. Morton." The undersigned, aware of the weight which had been given to See the the pretended investigation of these (gentlemen, — none of them, it ^.^'^'^^^"?" • . r ' T 1 1 1 1 • tious of the IS true, men ot science or medical knov.uedge, or possessing any surgeons of fitness for such an investigation, but highly respectable merchants that hospi- and financial men, and doubtless in every way worthy of the trust ^'^^' imposed upon them, that of taking care of the money affairs of ^"o letter the corporation,— addressed to each of the trustees a letter, of ^^^^ ^^Bo^- which the following is a copy : ditch. 548 *HadMr. wnH^V^p" '' House of Representatives. hospital re- rxr 7 ■ ^ n -7 io--» port be Washington^ Aprils V^o2. would have - Siji : Having learned that you ^vere one of the Trustees Dn^'j/^e-L -^'^ ] ^'^^^ Massachusetts General Hospital in 1847-'6, I am cognised" desirous of obtaining from you some information which the arhitra- bears upon the ether controversyj now under consideration by a tion of the ggjg^i- committee in Cono-ress. committee- ,, -i-...„ .. ="^1 - ^ ^ ^ ^u by obeying VV'iil you allow me, thereiore. request to your aswers to the its sum- following questions ? nwnstotes- a -^^^ ^^^ ^-^.^ aware that the Trustees of the Mafsachusetts appearing G-eneral Hospital were authorized by Dr. Jackson to sit as um- before it. pires in the controversy between him and W. T. G. Morton, as to (See hospi- ■[-j.g discovery of etherization t^ pp. 46.^47.) " ^i^ y<^^j ^* 0^^ ^^ '^^^ trustees of the hospital, examine the Qz^frj'.' Had statements or evidences in behalf of Dr. Jackson*s claims to the the repon discovery of etherization, and has he at any time appeared before able^^^ojMl ^^ personally, or by counsel, to support his claims ?t Dr. J. have " Are you aware that any such investigation has been made by denied the ^j^g trustees of the hospital as to give a judicial character to their ^^^^"*^f decision in relation to the ether controversy ?! pires ? " Have you, or not, considered N. I. Bowditch, Esq., alone tReportpesponsible for so much of the hospital reports of 1847, as relates sho^s that ^^ ^^^^ ^^i^gj, controversy ?$ there wa^ cc t ' 4-c ^\ an author- " I am, verv respectfiilly, ized com- " Your obedient servant, Sie^whlh '' EI^WARD STANLY, Dr. J. and '■ Memher of Select Comraiitee on the ether question.-' c o unsellor ^^^sjilarly 'j'j^^ answers of these gentlemen are given in the Appendix. It ( H s pital appears distinctly, from these answers, that the trustees of the report pp. hospital were never authorized by Dr. Jackson to sit es umpires 46, 4< .) ^ the controversy ; that Dr. Jackson did not appear before them C o'ngress. personally or by counsel ; that no such examination was made by did every them as to give a judicial character to their decision in relation to iii^^Jii.^v are entitled, whom it as- The sole grounds on which Mr. Bowditch's Report claims the discovery for ^^^^^ Y\A% Mr. Morton, are his jpretended " seehing for the discovery ^^^ and the acknowledged (,j^,(,^iai. -^e fact of his first administering ether to a patient in the operation of extracting a • , remem- tooth. He adopts, as <' in accordance with his views," the declaration of Dr. i^^j-g^ ^g^g George Hay ward, one of the surgeons of the hospital, that <•' Dr. Jackson first -^yj-j^ten af- suggested the use of ether " in surgery ; and the declaration of Dr. Jacob Bige- ^^^ ^1^^ low, one of the physicians of the hospital, that "Dr. Jackson made partial ex- jjqusq periments, and recommended, but did not make, decisive ones." He admits committee that Dr. Jackson devised and communicated to Mr. Morton the experiment per- j^^^^ sisned formed by the latter, and gave him information and directions absolutely essen- -^ i-enort tial to its safety and success ; that Dr. Jackson had experienced in his own person, ^^^ closed and observed in Dr. W. F. Channing, anaesthetic effects of sulphuric ether; that |^g examin- he recommended to Mr. Joseph Peabody, in March, 1846, sulphuric ether to pre- ations. nei- vent the pain of the operation of extracting two teeth, and gave him full instruc- therdidMr tions as to the requisite purity of ether and the proper mode of using it, as he did g consult in the September following to Mr. Mortoh ; — and yet, after all these admissions, g^ ' other Mr. Bowditch declares to Mr. Morton, by the mere performance of the first pain- j^^-bej. jq less extraction of a tooth from a patient under the influence of sulphuric ether, ^j^jg supple- made the great discovery of etherization ! His language is as follows : " He mentary in- [Mr. Morton] certainly first administered it [sulphuric ether] to a patient; by so quigition, doing, he made the discovery." In other words, performing with the hands an Q^^^g^ le^_ experiment devised and committed to him for performance by another man, made j^^g were him the author of one of the greatest discoveries ever made in the inductive g^j^^ abroad sciences! at the same Sir Humphrey Davy having, as has been already stated, observed certain ^Qgeasona- aneesthetic effects produced upon himself by nitrous oxide, suggested that it ^^^ ^j^j^g jjj could "probably be used with advantage during surgical operations in which no ^^ evident great effusion of blood takes place." In conformity with this suggestion, nearly j^^ g ^^ half a century after it had been published, and many years after the death of its confusing; author, Mr. Horace "Wells, of Connecticut, successfully administered nitrous ^^yitnesses oxide, in several instances, to prevent pain in the extraction of teeth. Mr. Bow- ^^ elicitino* ditch, in his Report, in direct contradiction to the principle involved in his deci- contradic-'^ sion in favor of Mr. Morton, decides that Mr. Wells's " claim, as a discoverer in ^Qj,y. x^^w. this matter, must yield entirely to that of Sir Humphrey Davy." Thus, accord- mony after ing to Mr. Bowditch, Mr. Wells and Mr. Morton performed each an experiment ^|^q reo-ular devised and suggested by another man ; and the former acquired thereby no right examina- of discovery, and the latter an exclusive right to one of the greatest discoveries ^io^. " It of the age ! Thus, likewise, Davy suggested the probability, merely, that nitrous appeal s, oxide might bs used " with advantage " in slight surgical operations; and Dr. ^j^^j,' ^jjg^l^ Jackson drew a legitimate philosophical inxliictiou from facts that sulphuric ^^jg ' ^^^^ ether would certainly and safely annihilate pain of surgical operations; — and yet, iriiumaiix- according to Mr. Bowditch's Report, Davy becomes an exclusive discoverer, and^y^-^^^^^ ^yj^g Dr. Jackson no discoverer at all ! gotten up There is no intimation in Mr. Bowditch's Report that Sir Humphrey Davy's ^^ Q^jy qqq claims to discovery are impaired, though he did not, as lo7ig as he lived, urge pgi-son the trial of nitrous oxide in a single dental or surgical operation ; while Dr. Jack- -^yiiQge \Q,is, son, for his failure to cause, though, not his neglect to urge, a like trial for sul- ]jave phuric ether /or less than five years, is alleged to have "thought his opinion of g^^jj^pg^j little value," and to have believed in the power of the ether to prevent pain in j^jj^-^ ^g dental operations only ; and this, though he admits, in another part of his report, « Jackson's' chief attorney and agent." 550 A book has been exhibited to the committee, entitled [ 46 ] '• A History of the Massachsetts General Hospital, by N. I Bowditcfx, 7iot published. Boston, Printed by John Wilson & Son, 22 School-street, 1851." In this book [ 47 ] Mr. Bowditch has inserted a chapter on the ether con- troversy, which occupies 130 pages of the work. To use his own words, " The vrork contains nothing new except, perhaps, the award of the French Academy, and also a note show- ing the extent to which ether is used in the hospital." Mr. Bow- that '• his [Dr. Jackson's] observations and conclusions " had reference to ^^ surgiea-l operations.'' Though the gross inconsistencies and contradictions contained in Mr. Bow- ditch's Report deprive his reasoni-ngs and conclusions of any claim to respect, his admissio7i of facts are not unimportant ; inasmuch as his violent bias against Dr. Jackson, and partisan advocacy of Mr. Morton's claims, makes it evident that those admissions must have been extorted from him by evidence too strong to be assailed in the community where the character of the witnesseswas known. Admission similar to those of Mr, Bowditch have been made by the only two physicians of Boston, who have published articles in the Boston Medical Journal against Dr. Jackson's claims to the discovery, — Dr. Jacob Bigelow, and his son, Dr. Henry J. Bigelow. The former of these gentlemen, in an article published in the aforesaid journal, says : '< Dr. Jackson made partial experiments, and recom- mended, but did not make decisive ones." Also, at a meeting of physicians, at the close of the Medical School, March 1, 1847, the same gentleman called Dr. Jackson "the original suggester " of etherization. Hon. Edward Everett, in the letter contained in this Report, says, that a meeting of the American Academy of Arts and Sciences, held JN'ovember 3, 1846, Dr. Henry J. Bigelow described the early dental operations performed by Mr. Morton on patients under the influence of ether, and that in that communication Dr. Bigelow stated, .that "' Dr. Morton had derived his knowledge of the substance used from Dr. Jackson." "Further, in a printed note to an address delivered at the opening of the new Medical College, November 6, 1846, referring to the discovery of etherization, Mr. Everett says : '•' Dr. Bigelow ascribes its first suggestion to Dr. Charles T. Jackson, and its application under his advice, for the purpose of mitigating pain, to Dr. "V7. T. G. Morton." Thus Dr. H. J. Bigelow conceded to Dr. Jackson — before the controversy commenced, and when, never having had any communi- cation with Dr. Jackson on the subject, he must have derived his information from Mr. Morton himself, whose early experiments he described — all the "know- ledge " involved in the discovery. At a later period, as if discovery were the work, not of the head but of the hand, he sets forth, in the Boston Medical and Surgical Journal, the following strange declaration : " He who verifies the sug- gestion, is the true discoverer." The statement which he made at the aforesaid meeting of the American Academy, as testified to by Mr. Everett, shows that he means by suggestion, in this case, both the devising of the decisive experiment and the recommending of it to Mr. Morton ; and by verification, the mere perfor- mance of the experiment committed to Mr. Morton by Dr. Jackson ; that is, Mr. Morton's doing what he had been taught to do. The admissions, in the city where the facts are best known, of Mr. Bowditch and the Messers. Bigelow, include every thing that, according to the unanimous de- cision of mankind, in the case os Franklin's great discovery, is essential to ren- der valid Dr. Jackson's claim to the discovery of etherization; and the denial bv them of those claims rests on a dogma rejected by the Avhole scientific world, and expressly repudiated by Whewell in the words already quoted : " I do not concede that experiments of verification, devised and committed to another for performance, give the operator a right to claim the discovery as his own." The majority of the committee concede the truth of this principle, and endea- vor to evade its application to the ether controversy, not by disproving the fact admitted by the aforesaid gentlemen, but by arguing that those fact are "im- probable," notwithstanding they are established both by the admission of Dr. Jackson's principal opponents, and by irrefragable evidence. 551 ditch, as a scholar and a historian, must have ha?^^^ Dr. Jackson's rights to this discovery. No less decided and uni- pital, see ^^^ ^^ public opinion in Europe in his favor. It is well known majority re- that Br, Jackson received, in honor of this discovery, from Louis port and Napoleon, President of the French Republic, the cross of the Le- of^surge/ns S^^^ ^^ Honor,* and a gold medal,t struck expressly for this pur- * Paris, May 10, 1849. — You ask me in regard to the ether quarrel and Dr. Jackson. These are the answers : 1. In the first place, the Grand Cross of the 559 pose, from the King of Sweden, at the suggestion of Berzelius, the first chemist of the world. These honors, it has been falsely said, were paid to Dr. Jackson before Morton's claims were know^n. In April, 1850, Sir Charles Lyeli, President of the Geo- logical Society of London, writes Dr. Jackson as follows : ^*My Dear Sir: Since you were so kind as to send me your sir Chas. pamphlet proving your claims to the ether discovery, I haveLyei], like been much occupied with family affairs, having lost both my ^^J^ ^^^^. father and mother, who died at an advanced age, each of them, presses his "I was really very glad to have so clear and unequivocal evi- opinion on dence to show to others of your claim to priority, for I and some J^"® ^^^^ ^^ of my friends had, in their correspondence with the United States, without any- had such distinct statements to the contrary effect, that, although knowledge I suspended my own iudp-raent: and did not take any part or offer ^^ facts, or any opinion, I was surprised to see how very unfounded were the ^^ ^^^^^ rival pretensions. must yield " The discovery, leading, as it did, to chloroform, (which I *<> ^^e testi> believe many of your practitioners regard as a doubtful improve- ^^^jest ^ mentby way of substitute,) I regard, as one of the greatest ever witness who made ; and in nothing do I think the love of progress and the knows a fact welcoming of new ideas has been more advantageously displayed, g^J^Jt^^Jlje than in the extent to which Americans have made use of this opinion. method of alleviating human suffering, beyond the people of this country, where prejudice, and religious bigotry, and Rabbinical notions have most seriously impeded its adoption ; most particu- larly in London, where the medical men have displayed a want of moral courage truly deplorable. * * -* # # *' Believe me, most sincerely yours, " CHARLES LYELL." The undersigned has before him a work on aneesthesia, published at Vienna, in 1850, by Dr. Joseph Weiger, Impe- [ 54 ] All this is rial and Royal principal Dentist to the poor. Emeritus Pro- humiliating fessor of Surgery, Surgeon to the Courts of Justice, and to the ^,^ns. '^Are Prisons of Vienna. The author has performed, himself, 21,000 we to shut operations w^ith ether. He did 1,560 in the first five an a half o^r eyes to months after the discovery was made known in Europe by Dr. ^^^^^ ^^ Jackson. In the first fifty days he operated with ether 547 times. /om>?i OPINIONS Legion of Honor has not been conferred on Dr. J. There are two degress ; the not found- Iov?est — that of Chevalier — was given to him. It is a very problematic honor ; cd on facts? the manner in which it was distributed by Louis Phillippe having made it a dis- tinction to be without it. Recently it was offered to M. Richard, one of the Hiayors of Paris, who refused it on this ground. The giving the Cross to Dr. Jackson was principally owing to the efforts of M. Eli de Beaumont, the distinguished geologist, and' was just as much for what Dr. Jackson may have done as a geologist as for anything he may have had to do with ether. — Letter of Mr. .Sumner, brother of Senator Sumner, to Dr. George Hayivard, of Boston. t The gold medal was given upon the same consideration. 560 His cases are of all kinds, from dental extractions to capital operations and child-birth. This work has been published since the award of the French Academy ; and the author attributes the discovery exclusively to Dr. Jackson, though he is perfectly cog- nizant of Morton's pretensions and of his alleged services. The author begins thus : " Through Jackson's wonderful disco- very of the remarkable effects of ether vapor upon the human organ- ism, a new era in operative surgery has indisputably set in. For centuries there was a fruitless endeavor, amono- surg^eons of humane feelings, to discover some means ot making the pam in necessarily bloiody eperations less painful, but without success in doing it. This man a ^j^g accidental breaking of a flask of ether (chlorine gas) in pret^end ^to ^ chemical laboratory oi the New World, procured for Dr. Jack- any knowl- son the fortune of being made famous by the discovery of the edge of the hitherto unknown powers of ethers Mr. Stanley " ^^^ centuries sulphuric ether was known, and was applied by found his physicians in various diseases, as well internally as externally, rsports on without exciting a suspicion of its newly-discovered, as well as w. like i^g ^^^Yy beneficial effects." Again he speaks of it " as the highly important and greatest discovery of our century. I say ihe greatest discovery, since we could realize our wishes, though more slowly, without steamboats or telegraphs ; but what has been gained to suffering humanity hy painless operations, he only can comprehend and appreciate, who is placed on his mournful bed for the purpose of undergoing a capital operation." In Vienna the operation of etherization is called " Jacksok-izikg ; " This is a <«that is a new expression. People say Galvanizing, after the dis- fact not In ^o^'^O' °^ ^^^ physician, Galvani ; so should this discovery becalled evidence. Jacksonizing, after the gigantic discovery of Jackson." '' The people will give it this name, which is, probably^ the only thanks he \s\\\ receive for so beneficent a discovery." Again, Dr. Weiger says : •'■ If the famous man (Dr. C. T. Jack- Probably son) comes to Vienna, there is a feast-hanquet in store for him. has nothi'n^ Then must all those come together whose teeth have been extract- else in store ed without pain, and many a tear of thanks will fall upon his for him. hand from others who have been operated upon, which will make for him a chain of pearls, with which the whole world is linked to him as its great benefactor."-' Mr. Morton has produced an impression in his favor, by the * In consulting twenty-six works, which have been published by physicians and surgeons in different countries of Europe, between the years lfc47 and 1852, it is found that not one of them accords to Mr. Morton any right to the discov- ery of anaesthesia ; but, on the contrary, after examining the claims of the dif- ferent aspirants to the honor of this discoyery, they with great unanimity ac- cord it to Dr. Charles T. Jackson. This is the result to which all men of sci- ence have arrived, where the evidence in the case has been impartially v.^eighed. There are hundreds which give tne right to Dr. Morton — but it was not imagined by him that this was evidence on wliich a committee would report, nor was any such thing suggested to the committee. 561 exhibition of an enormous gold medal, said to have been lately awarded to him by the French Academy, which has been shown as a final and special expression of the Academy, as to his claims to this discovery .t The effect produced by the exhibition of this medal, is displayed in two letters published in the report? of the majority, one from the Chief of the Bureau of Medi- [55] cine and Surgery, and the other from the Surgeon General of the United 'States Army. The former says, addressing Mr. Morton : *^ The medal of the first class, awarded to you by the Medical Institute of Paris, evinces the high estimation entertained in that centre of medical science and intelligence, of the services you have rendered to humanity." The latter says : " Permit me to congratulate you upon the flattering testimonial you have re- ceived from the 'National Institute of France." The committee, in their report, speaking of this medal, say : "Dr. Morton has, within a few days, received the expression of the Aeademy in the more acceptable form of their largest gold medal." They then proceed to describe it, distinctly conveying the impression that the award of this medal was a new and signal testimonial in Mr. Morton's favor. The undersigned does not deny that Mr. Morton did receive a medal from the Academy. That which he, in fact, received, was of the ordinary size — about that of a dollar. Mr. Morton has caused the genuine medal to be surrounded by a gold ^ frame, upon w^hich is engraved a wreath of oak leaves, the whole so ingeniously and artfully contrived, as to give the medal, with its setting, the appearance of an enormous medal, over four inches in diameter, in a single piece, of the value of four or five hun- dred dollars. Within a few days, the undersigned has seen in circulation, a printed book, purporting to be the report of the ma- jority, circulated, of course, without the knowledge or sanction of the majority, as no report had been presented by them to Con- t That the Institute of France did not regard Mr. Morton as the discoverer, but only as a propagator of the discovery, appears from the following extract translated from the Comptes Bendus of the Institute for May and June, 1852 : « M. Jackson, who, iu the public session the 4th of March, 1850, had obtained of the Academy a prize for his researches concerning the effects produced by the inhalation of ether, asks if M. Morton^ who, in that session, had also ob- tained a prize for his labors on the application of the same therapeutic agent, has been considered as inventor, or simply as propagator of the discovery. " The proch,-verhal of the public session does not permit any doubt in that respect. The Academy, on the proposition of the commission on prizes of medicine and of surgery for the years 1847 and 1848, has decreed a, prize of 2,500 francs to M. Jackson^ for his observations and his experiments on the an- SBSthetic effects produced by the inhalation of ether; and another of 2,500 francs likewise to M. Morton y for having introduced that method in surgical practice, in conformity with the indications of M. Jackson (d'aprh Us indications d& M. Jackson).'* Comptes Rendjts des Seances de P Academic des Seiejices, Tome xxxiv., No. 20 (17 Mai, 1852.) Whether In the Comptes Rend us for June 14th, there is a notice of a second letter this was the which the Academy received from Dr. Jackson before their reply to his first had production reached him. In the ^^Table d$s Matierts^* for that number of the proceedings, ofDr. Jack- Mr. M#rt0Q is meritloned as « arroo-aftw^' ?o himself ^^ the discovery of etheri- son is not '^^t^o^- stated. 36 562 gress. In this book are two engravings, purporting to be fac- similes of the medal. The deception before referred to, is perpet- uated and circulated in the engraving ; for the setting is there represented as an integral portion of the medal, its diameter, as there delineated, being over four inches. Comment uiDon these facts is wholly unnecessary. But what does this reception, by Dr. Morton, of " the largest gold medaV^ of the Academy signify ? The value of this " new testimonial of the Academy" is shown by the following: letter ad- dressed to Dr. Jackson : [Translation.] " Paris, May 17, 1852. tJr,if genu- " ^^^ ^^^^ '^^^ * ^ ^^^'^'^ received the two letters which you ane', as is to have done me the honor to write to me the 30th of March and l)e pre- the 7th of April. ^e^eHn^v- " ^ wrote to you long since my personal opinion respecting the 5dence be- pnzc awarded to Mr. Morton. In point of fact, the Academy fore the of Sciences decreed one of the Montyon prizes of 2,500 francs to committee, y^^ ^^^ ^j^g discovery of etherization, and it has decreed a closed the [ ^^ ] prize of 2,500 francs to Mr. Morton for the application of case before this discovery to surgical operations, it could a ji^ow, all persons w^ho receive a prize of the Academy of received in Sciences, can draw simply the sum which has been voted them, the United or they can draw a medal either of bronze, silver, or gold. This States. medal bears a head of Minerva, and the superscription of Insti- tute of France. The cost of the medal is deducted from the sum paid. You have drawn simply the sum of 2,500 francs, as is usual ; but, according to the information I have obtained from the Secretary to-day, Mr. Morton asked for a Gold Medal, the value of which is 300 francs, ($60,) and he has received in money only 2,200 francs. In that Mr. Morton has but made use of a right which could not be contested ; but the medal which he has ob- tained is the ordinary one of the Institute. " It was not struck expressly for him. You have the right to ask for one exactly like it; only, in that case, you should receive but 2,200 francs, instead of 2,500 francs. *' Your devoted servant and friend, '' (Signed,) L. ELIE DE BEAUMONT." The undersigned feels it due to the claims of Mr. Wells, to state, that he has not examined the evidence before the commit- tee on his behalf with much care. The papers were referred to a member of the committee, whose views are probably incorporated in the report of the majority. But if all that Mr. Wells's friends urge, is susceptible of being proved, the undersigned is satisfied from the evidence that Dr. Jaekson's discovery was made long 563 before Wells claimed that he knew anything of the power of ether in rendering the system insensible to pain under surgical opera- tions. In submitting the foregoing, the imdersigned lays no claim to [Probably original views. The subject has been exhausted. It has been ar- °^**^ gued with much ability, and rather more warmth than was be- coming by some of its advocates. He has only tried so to avail himself of the labors of others, as to present the truth fairly be- fore the House. When the undefsigned entered upon the investigation, he was inclined to the opinion that Mr. Morton was entitled to the credit of the discovery. The undersigned concurs in all that has been said, either by the able and accomplished Dr. Warren, by the ma- [No doubt] jority of the committee, or by other persons, in favor of the ines- timable value of this great discovery. Its advantages can hardly be exaggerated. He only desires that the head that conceived, and the science and learning that pointed the way, should be re- warded, as well as the hand that, following instructions, was in- strumental in bringing this agent before the world. He read all the arguments which Mr. Morton, Ynih remarkable rpx. ^ ■ ^ industry, pressed upon his attention ; and, examining them with g^y ^jjgjj care, he was satisfied that injustice had been done to JDr. Jackson, the argu- These opinions were formed and expressed before the undersigned mentforDr. had ever seen Dr. Jackson, or heard anything in his behalf, ex- ^a^geonclu- cept frem the able argument of his counsel, John L. Hayes, Esq., ded on the of this city, to whose argument the undersigned is indebted for evidence, many suggestions embodied in this report. The undersigned has ^^^ wa^- never had ten minutes' conversation with Dr. Jackson, who was ington in this city during the past spring for a few" days, very properly without abstaining frem all personal solicitation of members to induce ^^ ^JI°^ *^® them, bv partial representations, to regard his claims favorably. EDW. STANLY. The undersigned, a member of the select committee upon etherization, who was appointed in consequence of the [ 57 ] death of Mr. Rantoul, reports : That, after considering the subject, and reading the evidence upon the part as well of Dr. Jackson as of Dr. Morton, he has arrived at the conclusion that Dr. Charles T. Jackson is the origi- nal discoverer of the application of purified sulphuric ether, by inhalation, as a means of preventing pain from surgical opera- tions. The undersigned does not desire to detract from any credit that ^g^g ^ote may have been due to Dr. Morton for his action in applying the on next anaesthetic agent, and in bringing it more prominently before the V^^-) public. ALEXANDER EVANS. 564 Note. — The report was signed early in March by Mes.srs. Bissel* Sutherland, Fitch and Rantoul, four members out of the five that composed the committee, all of which were notified by the chairman that their laliors were closed. The report was then ready for presentation when reports from select committees should be called for in the regular order of business of the House. Some mornings after the death of Mr. Rantoul, (which occurred August 7th, after the report was completed), Mr. Stanly asked to have his place filled upon the committee, and the Speaker, not knowing that the committee had closed their labors, and there being none of the other members in the Hoase, appointed Mr. Evans, who joined Mr. Stanly in his minority report, without even meeting or conversing with a member of the committee, except (it is supposed) Mr. Stanly. LETTER FROM N. I. BOWBITCH, ESQ. Boston, April 16, 1852. Sir : Several of my late colleagues (trustees of the hospital in 1848,) have received circular letters from you, making certain inquiries. Though none was addressed to myself, I take the liberty of replying, as if I received one. It is the duty of the trustees annually, to appoint a committee — the chairman being the one on whom devolves the drawing up of the report. This committee is to examine the accounts, and make a review of all important occurrences of the past year, to be laid before the Cor- poration. I was appointed chairman, my colleague being Mr. Edwards. At the meeting at which we were appointed, it was suggested that the ether discovery (the event of the year,) would naturally come under our notice. With this informal intimation of the wishes of the board, I accordingly complied. At that time, Dr. Gay's pamphlet in assertion of Jackson's claims, and Mr. Warren's in support of Dr. Morton, were both before the public. I read them carefully. I personally saw Mr. Metcalf, and he gave the very important information contained in his letters and notes. I saw also, (as is mentioned in the report,) twenty-one other persons — devoting the leisure of weeks to obtaining what I conscientiously believed to be the facts in the case. I had never seen Dr. Morton. I had for years lived in the very next house to Dr. Jackson on terms of friendship and good will. Mv per- sonal preferences would have been wholly in his favor. In making this investigation, I had assumed that Dr. Gay's pam- phlet contained all he (Dr. Jackson) had to say. Thinking, however, that this might not be the case, before submitting the report to my colleague for examination, and before, indeed, it was wholly completed by myself, I addressed Dr. Jackson a note, asking him if he had any additional evidence. This I did in the name of the committee. I notified my colleague, but I think he was not present at any interviews. Dr. Jackson called to see me, and in accordance with his wishes, I made an appoint- ment with Dr. Gay, which ended in an interview of three hours. Dr. Gay offered to prove that Dr. Morton was a man of previous bad character, and to exhibit evidence of transactions of his of a dozen years before in a remote part of the country. I told him that all this was irrelevant ; that a man ought not to be deprived of the credit and honor of this discovery, let his prior character he what it might. The details of this interview, in other par- ticulars, is stated in our published report. It is also reprinted in 5G6 a history of the hospital, a copy of which I had the honor of presenting to Mr. Bissell. the chairman of your committee, a short time since. The trustees there distinctly disavow '^ all judicial powers or functions." After my report was prepared, I lett it with my colleague, with the pamphlets of Dr. Gay and Mr. War- ren. He kept them two or three days, suggested certain verbal alterations — said that the conclusions arrived at were satisfactory to his mind, and appended his signature. The document was then read by me at a meeting of the trustees, and was specially submitted to every member of the board who w^as not present at that meet- ing. Its conclusions were agreed to by them all, and they all concurred in the subscription of the ?i>l,000 presented subsequently to Dr. Morton. I suppose they would all say that they consider me alone responsible for the preparation of the report, and that personally, they made no investigation of the subject; and they would probably all say, that they have seen no reason to doubt the accuracy of the conclusions there arrived at. I have the honor to remain. Yours, very respectfully, N. I, BOWDITCH. Hon. Edward Stanley, Washincrton, D. C. REPORT UPON THE PREMIUMS FOR MEDICINE AND SURGERY THE FRENCH ACADEMY OF SCIENCE, 1847-'48. TRANSLATION, REPORT ON THE PREMIUMS AWARDED IN THE DE» PARTMENTS OF MEDICINE AND SURGERY, f OR THE YEARS 1847 AND 1848. Commissioners — Messrs, Velpeau, Rayer, Sevres, Magendie^ Dumeril, Andral, Flour ens, Lallemand; Eoux, reporter. The Commission, of which I am, on this occasion, the oi gan to the Academy, has already been in existence for two years. Com- posed as it is of Messrs. Dumeril, Flourens, Rayer, Magendie, Serres, Andral, Velpeau, Lallemand, and myself, it has retained its original character and been entirely free, therefore, to perform with zeal and without delay, in so far as it-lay in its power^ the duties of the mission which you had intrusted to it. But the same Commission which had been charged with the examination and appraisement of the works that had been sent and admitted in competition for 1847, was subsequently obliged to emt)race- in its sphere of action those thaf were sent and admitted in 1848. It is a double task we have had to perform, and the time has arrived for us to present you with the results of the sauae; it is, in some respects, a double report which we have to make to the Academy.. The special labors of the Commission have been yet more pro- tracted and difficult than in all former competitions. A great number of its sittings have been devoted to the subject, inde- pendently 0^' what each member has had to perform in private. How could it have been otherwise, when the examination and appraisement embraced works more or less extensive, on scientific subjects, amounting to more than fifty in number ? But the Com- mission is willing at once to acknowledge that, after the satirfac- tion of having fiilfilled its duties towards the Academy, a real pleasure was reserved for it, — it is that of having selected several work* well worthy of the awards which we are about to propose to you. One of these, however, predominates or excels the rest, and it is to this one that we will, in the first place, direct the atten- tion of the Academy. The question is not about an extensive and complicated work, such as would have required immense la- bor, profound meditations, and renewed efforts of intelligence ; it only relates to a fact of great importance brought to light — a thought fruitful of consequences and applications. This fact and this thought combined, bear the stamp of a genuine discovery. 570 which has seized upon and vividly impressed the public minxi, and which, having started from the new worM, very soon obtained the most universal renown. The whole human family was interested in it ; its benefits have already been felt by thousands ; future generations will profit by it, for it is the lot of man to be for ever exposed to all kinds of diseases, which are inevitably attend- ed with pain; it is his nature to dread bodily suffering, to revolt at the idea that he will soon have to encounter the same, especial- ly when he is obliged to submit to the ordeal voluntarily, and to desire to escape from the sense of pain with as much, and even more eagerness than he employs in seeking for pleasure. There is but little probability, in other respects, that medicine and sur- gery, notwithstanding all their efforts and all the improvements of which they are susceptible, will ever arrive at that point when their resources will be stripped of what is repulsive to us, and, more particularly, in regard to some of them, of what they have in themselves that is <7ruel and dangerous. It is especially in surgical operations that this sad and repulsive feature prevails ; and it is a glorious service rendered to science and to humanity to have brought to light a method which is nearly infallible, or* which is at least generally successful for making man momentarily insensible to pain, to annihilate in him for a few minutes, or even for a longer period of time, once only, or successively at various intervals, the perception of external impressions, the consciousness of self, certainly, by attacking the principle of life, which, however, only occasions a momen- tary perturbation, after which all the functions reassume their natural sway. For if there are on record some cases of a fatal issue of anaesthesia thus artificially produced, it has been owing, sometimes, to the defectiveness in the mode of proceeding, at other times to inability or want of foresight on the part of the experimenters, or to the peculiarly unfortunate idiosyn- crasy of the victim, one of those constitutional anomalies, which predispose the individual for the most unexpected and most im- probable events, according to the known laws in the economy of men and animals ; and let us hasten to add, that the well ascer- tained cases, too much to be lamented undoubtedly, of the fatal effects of aneesthetic agents in men, are, up to the present moment, infinitely small compared with the vast number of experiments that have been made. There is no exaggeration in saying, that during a period of little more than three years only, since the in- halations of ether or chloroform have been introduced in the prac- tice of medicine and surgery, as an anaesthetic medium, one hun- dred thousand individuals, at least, must have been submitted to it, first in America, and by American surgeons, to whom belongs the merit of having taken the initiative, then in various parts of the world ; and out of this number, there are not more than twelve or fifteen fatal cases to be deplored. Owing to the cir- 571 cumstances in which they have been placed, some of the members of your Commission, two of them especially, have had it in their power to pay a large tribute to science, in what concerns the use of angesthetical mediums. Their experience alone already possesses something imposing. Since the close of 1846, (it was at that period that the first facts were observed and gathered, at Boston, in America, by Messrs. Jackson and Mork)n, and it was not long- before the same were known in France) since that time, I say, Mr. Velpeau and myself have had occasion to resort, each of us in separate practice, to etherization, so called at first, then to chloroformization, five or six hundred times at least ; one thou- sand, or twelve hundred individuals, or more perhaps, have been subjected to the process of ansesthesia by our hands or under our eyes, in order to undergo surgical operations, more or less impor- tant, and neither of us have as yet seen instantaneous death produced by anaesthesia : neither of us have as yet had the heart lacerated by the sight of such an occurrence ; and we both doubt that anaesthesia, directed with prudence and method, has ever had a sinister influence upon the results of our operations ; without daring to affirm the fact, and without being able to demonstrate that such has been the case, we would rather attribute to it a favorable influence. The question of ansesthesia produced by the inhalation of ether or of chloroform, (and perhaps there will yet be discovered other aneesthetical agents, having the same power, and of a still more harmless character) this question, we repeat it, is, in the highest degree, interesting both to physialogy, surgery, and medicine proper. It affects the latter department, which has already de- rived some benefits from ansesthetical appliances, in the cure of certain diseases, especially where pain is the principal symptom, by means of ether or of chloroform. Surgery has lost much of what was cruel in its modes of treatment ; its proceedings are less frightful ; it has no longer to struggle against the excessive pusil- lanimity of some individuals. Physiology having had to study the true character, and the action produced upon the central organs of the nervous system, by ether or by chloroform, its in- vestigations, in which our honorable perpetual secretary, Mr. Flourens, has taken so great a part, have not been without benefit in the analysis of the functions of the brain. It is possible that new and important results are still in store for us. Physiology has, moreover, been the starting point of all that has been said, and all that has been done, in regard to ether and chloroform. Anaesthesia produced by the first of the above mentioned agents, and fortuitously observed, is the great physiological fact, from which have emanated so many and such valuable practical appli cations. Considered in this triple point of view, the question of anaesthe sia is destined to be the field of much labor; science, in fact, 572 possesses already several important works on the subject. Not- withstanding all the interest which belongs to these works, not- witl standing the information which is spread out in them, the matter is very far from being exhausted ; and the moment has probably arrived, when it would be proper for the academy to take the initiative, for calling into existence one of those great works, which it can distinguish and reward in its own name, and in a manner worthy of itself. Ansesthesia considered by itself, and in view of its applicatione, whether as a therapeutical means,, or as a medium for preventing pain in surgical operations, where is there a more fascinating subject for study, for clinical experiments and observations? How many doubts are yet left to be solved? How many important questions are connected with it, which are yet to be determined ? Our task is not to enter into even a rapid examination of these questions. It is not for the Commission to draw out the programme of a scheme of prizes placed in competi- tion ; it only delivers its opiiaion into the hands of the Academy. The Commission has considered nothing but the original discovery ; the generating fact, from which have sprung all those that arc incessantly produced under our eyes, leaving the academy free to dispense, on some other occasions and under different circumstances, eulogies and rewards to such works, through which this discovery shall have been perfected. Perhaps, some of these will be due to Mr. Simpson, of Edinburgh, if the fact be confirmed, as it evi- dently appears, that chloroform is in reality preferable to ether,, as an aneesthetical medium, acknow]e(lo;ing, however, that the first experiments upon animals "with chloroform were made by Mr. Flourens. But the discovery itself has received the sanction of time and of experience. After the lapse of more than three years since it has been brought into light by science, and the world has been benefited by its results, the Academy should no longer delay in bestowing upon it its high approbation ; it should proclaim and honor it, as one of the most brilliant scientific facts of our times, which is certainly to be comprised in the category of those that were contemplated by the generous philanthropy of M. de Monty on. You are aware, gentlemen, for this discussion has already pene- trated into the midst of the Academy, that two men, who inhabit the same city, (Boston) have affixed their names, but under dif- ferent titles, to this important fact of ansesthesia by the inhalation of etherial vapors, and the application of that milium to the practice of medicine and surgery. One is Mr. Jackson, Professor of Chemistry, the other Mr. Morton, a surgical dentist. As it happens but too often under similar circumstances, a question of priority has sprung up between them. In the meanwhile the Commission has been called upon to decide in a matter of facts and events that have transpired far from us ; all the documents have been submitted to our inspection ; the Commission has ex- 573 amined them in the most careful and conscientious manner ; and this investigation has led to the conviction, on the part of said commissioners, that there is, in the discovery of etherization, two distinct things, which have grown out of it successively, one of which belongs to Mr. Jackson, the other to Mr. Morton. Mr. Jackson had observed that some persons, on being exposed for a certain period of time to the action of etherial vapors, were momentarily deprived of all sensibility. This is the physiologi- cal fact. Mr. Jackson established the fact by trying the experi- ment upon himself. Subsequently Mr. Morton succeeded several times in extracting a tooth from persons previously subjected to the inhalation of etherial vapor, without pain ; moreover, he pre- vailed upon some surgeons connected with the large hospitals of Boston, to resort to the same medium in the performance of great operations. This is ajieesthesia practically applied ; the discov- ery is thereby completed ; Mr. Jackson and Mr. Morton have been mutually necessary to each other ; without the earnest so- licitations, the engrossing idea, and the courage, not to say the audacity of the latter, the observation made by Mr. Jackson might have remained for a long time without application ; and without the fact observed by Mr. Jackson, the idea of Mr. Mor- ton might probably have remained fruitless and without effect. After mature reflection upon the subject, therefore, the commis- sieners are of opinion that there are two distinct- awards to be made in this splendid discovery of etherization, and that a par- ticular prize should be granted to each one, separately. The Commission, ther^fere, proposes to the Academy, that a prize of 2,500 francs be awarded to Mr. Jackson for his observations and experitHents on the anifisthetical effects produced by the inhala- tion of ether, and a similar prize of 2,500 francs to Mr. Morton for having introduced this method in the practice of surgery, after the indications of Mr. Jackson. I hereby certify, that the foregoing translation, made by me, is literaliv correct, and may be relied upon in every respect. L. FITZGERALD TASISTRO, Translator to the Department of State. January 17^ 1953. 57 5 TESTIMONY OF GEOEGE HATWAED, M. B. I, George Haywarcl, of Boston, in the county of Suffolk, and Commonwealth of Massachusetts, being first sworn, depose and say, in answer to interrogatories by R. H. Dana, jr., esq., counsel for Dr. W. T. G. Morton. 1st. How long have you resided in Boston ? Are you, and how long have you been, a surgeon in the Massachusetts General Hospital ? Ads. I have always resided in Boston, w^ith the exception of an absence of three years in Europe. I am not now a surgeon of the Massachusetts General Hospital. I resigned about two years since, but I was for five and twenty years before that. 2d. Are you, and how long have you been, a member of the American Academy ? Ans. I ^vas elected about thirty-five years ago, and am now a member. 3d. Were you, and how long, a professor, and of what, in Har- vard University ? Are you a member of the corporation? Are you President of the Massachusetts? Medical Society ? Ans. I was Professor of Surgery in Harvard University for fif- teen years. I resigned three years ago this spring. I am a member of the corporation of Harvard University. I am Presi- dent of the Massachusetts Medical Society. 4th. How long and how intimately have you know^n Dr. Jack- son ? How as to Dr. Morton ? Ans. I have known Dr. Jackson ever since he ^vas a student, some twenty years ago, but not intimately. I never knew or saw Dr. Morton till the 17th of October, 1846, the day of the second trial of the ether at the hospital. 5th. Please state all your personal knowledge of the first use of ether as an anresthetic agent ? Ans. I was invited by Dr. Warren to meet him at the Hospital on the 16th S'zV; Your letter dated yesterday, is Sirnk'^^'^S just received, and I hasten to answer it, for I fear you will ^«™«p»^^°«f^ adopt a method in disposing of your rights, which will defeat admissions. your object. Before you make any arrangements whatever, I wish to see you. I think I will be in Boston the first of next week — probably Monday night. If the operation of admin- istering the gas is not attended with too much trouble, and will produce the effect you state, it will, undoubtedly, be a fortune to you, provided it is rightly managed. " Yours, in haste, H. WELLS," Testimony of R. H. Eddy as to the interview between Drs, Morton and Wells. "Boston, Fehuary 11 th, 1847. " R. H. Dana, Esq — Dear Sir : In reply to your note of this morning, I have to state that about the time I was engaged in preparing the papers for the procural of the patent, in the United States, on the discovery of Dr. Morton for preventing pain in surgical opererations, by the inhalation of the vapor of sulphuric ether, I was requested by Dr. Morton to call at his ofiice to have an interview with the late Dr. Horace Wells, who was then on a visit to this city, and who. Dr. Morton thought, might be able to render him valuable ad- vice and assistance in regard to the mode of disposing of privileges to use the discovery. Accordingly I had an inter- view with Dr. Wells. During such meeting we conversed freely on the discovery, and in relation to the experiments Dr. Wells had been witness to in the office of Dr. Morton. The details of our conversation I do not recollect sufficiently to at- tempt to relate them, but the whole of it, and the manner of Dr. Wells at the time, led me, in no respect, to any suspicion that he (Dr. Wells) had ever before been aware of the then discovered effect of ether in annuling pain during a surgical 10 operation. Dr. Wells doubted the ability of Dr. Morton to pro- cure a patent — not on the ground that he (Dr. Morton) was not the first and original discoverer, but that he (Dr. Wells) believed the discovery vi^as not a legal subject for a patent. He advised him, hov^^ever, to make application for one, and to dispose of as many licenses as he could, while such applica- tion might be pending ; in fact, to make as much money out of the discovery as he could, while the excitement in regard to it might last. I must confess that when, some time after- wards, I heard of the pretentions of Dr. Wells to be consi- dered the discoverer of the aforementioned effect of ether, I was struck with great surprise, for his whole conversation with me, at the time of our interview, led me to the belief that he fully and entirely recognized the discovery to have been made by Dr. Morton, or at least partly by him and partly by Dr. C. T. Jackson, as I then supposed. " Respectfully yours, "R. H.EDDY." First publication by H, Wells. From the Hartford Courant. Hartford, December 7, 1846. Mr. Editor : You are aware that there has been much said of late respecting a gas, which, when inhaled, so paralyzes the system as to render it insensible to pain. The Massa- chusetts General Hospital have adopted its use, and amputa- tions are now being performed without pain. Surgeons generally, throughout the country, are anxiously waiting to know what it is, that they may make a trial of it, and many have already done so with uniform success. As Drs. Charles T. Jackson and W. T. G. Morton, of Boston, claim to be the originators of this invaluable discovery, Iwill give a short history of its introduction, that the public may decide to whom belongs the honor. seethetesti- While rcasoniug from analogy, I was led to believe that S'^Jo °the^tme the inhaling of any exhilerating gas, sufficient to cause a SS^expt^- great nervous excitement, would so paralyze the system as to Timent, p. 1 toj-endcr it insensible to pain, or nearly so, for it is well known that when an individual is very much excited by passion, he scarcely ft^els the severe wound which may at the time be inflicted, and the individual who is said to be " dead drunk," 11 may receive severe blows, apparently without the least pain, and when in this state is much more tenacious of life than w^hen in the natural state. I accordingly resolved to try the experiment of inhaling an exhilirating gas myself, for the purpose of having a tooth extracted. I then obtained some nitrous oxyd gas, and requested Dr. J. M. Riggs to perform the operation, at the moment when I should give the signal, resolving to have the tooth extracted before losing all con- sciousness. This experiment proved to be perfectly success- ful — it was attended with no pain whatever. I then per- formed the same operation on twelve or fifteen others, with the same results. I was so much elated with the discovery, that I started See partner- immediately for Boston, resolving to give it into the hands ofpag^g'^f^^^'^ proper persons, without expecting to derive any pecuniary benefit therefrom. I called on Drs. Warren and Haywood, and made known to them the result of the experiments I had made. They appeared to be interested in the matter, and treated me with much kindness and attention. I was invited by Mr. Warren to address the medical class upon the subject, at the close of his lecture. I accordingly embraced the opportunit}^, and took occasion to remark that the same result would be produced, let the nervous system be excited sufficiently by any means what- ever; that I had made use of nitrous oxyd gas, or protoxyde of nitrogen, as being the most harmless. I was then invited Not confirm- to administer it to one of the patients, who was expecting to dence. ^"^ ^"^ have a limb amputated. I remained some two or three days in Boston for this pur- pose, but the patient decided not to have the operation per- formed at that time. It was then proposed that I should administer it to an individual, for the purpose of extracting a tooth. Accordingly, a large number of students, with several physicians, met to see the operation performed — one of their number to be a patient. Unfortunately for the experiment, the gas bag was by mistake' withdrawn much too soon, and he was but partially under its influence when the tooth was extracted. He testified that he experienced some pain, but not as much as usually attends the operation. As there was no other patient present, that the experiment might be repeated, and as several expressed their opinion that it was a humbug affair, (which, in fact, was all the thanks I got for this gratuitous service,) I accordingly left the next morning for home. While in Boston, I conversed with Drs. Charles T. Jackson and W. T. G. Morton upon the subject, both of whom admitted it to be entirely new to them. Dr. Jackson ex- pressed much surprise that severe operations could be per- formed without pain, and these are the individuals who claim to be the inventors. 12 ' Note that no When I commenced giving the gas, I noticed one very To the sincT^ai^ I'eniarkable circumstance attending it, v^hich was, that those kged fact^th^at ^^j^^ ^^^ dov^m Tcsolving to havo an operation performed under >vas performed its influencc, had no disposition to exert the muscular system DnMarcy?"^ ^ in the Icast, but v^^ould remain quiet as if partially asleep. Whereas, if the same individuals were to inhale the gas under any other circumstances, it would seem impossible to restrain them from over exertion. I would here remark, that when I was deciding what ex- hilirating agent to use for this purpose, it immediately occurred to me that it would be best to use nitrous oxyd gas, or sul- phuric ether. I advised with Dr. Marcy, of this city, and by his advice I continued to use the former, as being the least likely to do injury, although it was attended with more trouble in its preparation. If Drs. Jackson and Morton claim that they are something else, I reply that it is the same in principle if not in name, and they cannot use anything which will produce more satisfactory results ; and I made these results known to both of these individuals, more than a year since. After making the above statement of facts, I leave it for the public to decide to whom belongs the honor of the dis- covery. Yours, truly, HORACE WELLS, Surgeon Dentist. Hartford, November 7, 1852. Dear Sir: Yours, of October 15th, is before me, and in answer to your several inquiries in regard to my connexion with Dr. Wells, and also as to my information on facts that may have any bearing upon the discovery of the effects pro- duced by inhaling nitrous oxyd gas. In answer to your ques- tion, I would state that I wish to render justice to all parties seeCooiy. p. conccmed. Havinsr been connected in business with Dr. Wells, 1, and Ells- , , . . P • i i • i i worth. and bemg very mtimate with him, we had a great many con- versations together about the effect of the gas, and in those conversations he always told me he derived his first idea of the matter from remarks made by Dr. S. A. Cooley, at a private exhibition of laughing gas, given at the Union Hall, in this 13 city, in the winter of 1844 or 45 ; and that, from those remarks, and what he witnessed himself, he immediately applied it to his own business. During the winter of 1845 and spring of 1846, Dr. Wells gee Roberts. made application for a patent for a "shower bath," in his name, which Col. Thos. Roberts claimed to be equally inter- ested in. Their respective claim was left to the decision of Francis Parson, Esq., of this city, and decided in Dr. Wells' favor. I then made arrangements with Dr. Wells to travel and dispose of rights to manufacture his baths, and at that time I considerei that he had abandoned the thing entirely, as he expressed him.self to me that the operation in some See cooJy. cases proved a perfect failure, and spoke of his unsuccessful trial in Boston in 1845; he also stated that he had received a letter from you, saying that you desired all the information about the matter that he possessed, as you believed a stir might be made in the business, and some money made out of it. He told me that he had written you to go ahead, and any^ thing Dr. " Wells " could do for you he would do with pleas- ure ; he also told me he though, you could put it through, if any body could, for you had brass enough for anything. In November, 1846, he sold out his shower-bath busines to Col. seeS. g, Roberts, and about that time a sale of paintings came off atSoii and vVo- Union Hall, and sold at big prices ; he knowing what they could be bought for in Paris, at once made up his mind to visit Paris on that business, and was anxious for me to act auctioneer, (which business I was in at that time,) in the sale of them in this country. In three or four weeks he started for Paris. About this time the effects of ether had become public in Boston, and he expressed himself as being very sorry that ^^® ^""'^-^^ he had not prosecuted his experiments to a successful termina- tion ; and he also regretted his stopping the matter when he did, for he thought an immense fortune might be made out of the business, and that the discovery would reflect great honor upon the discoverer. I think of nothing further at this time. Respectfully yours, a HOWELL OLMSTEAD, Jn To Doctor Morton. P. S. John B. Corning, of this city, was a partner of mine in 1846 and 1847 ; he may give you some information that ban escaped my memory. G, H. O* 14 Hartford, November 4, 1852. Dear Sir : Yours of the 2d inst. is received, and, in reply, I have to say that I have knowledge in regard to Dr. Wells going to Paris. The idea was suggested to him by a sale of paintings, by J. Eddy, in this city, near the close of Novem- ber, 1846. seeoimstead, Dr. Wclls was prcscnt at Eddy's sale, and in some way, as p- ^3. he informed me, learned the cost of the paintings, and thought a great deal of money might be made in going to Paris and getting up the paintings, and selling at auction; and that he intended to go into the business extensively. In two or three weeks after Eddy's sale. Dr. Wells started for Paris. I well understood from Wells his object in visiting Paris was to get pictures, and that only. Wells was gone until March, 1847, when he returned, and called on me at Hartford, and wanted to give us (BoUes and Roberts) large orders for frames for his pictures — something like one hun- dred and fifty per month. At this time he told me that after he arrived at Paris, and was prosecuting his picture business, he learned that Dr. Jackson, of Boston, was making claim to the gas discovery, and that the medical societies there were about to award a medal for the discovery, and that he claimed the discovery, and was advised by Dr. Brewster, of Paris, to hurry home, and get up his evidence, and forward him, and he would pre- sent his claims ; also, that he was introduced in Paris by Dr. See Brewster's Brewster, and great notice was taken of him, and he was made the great lion of the day. He told me that he thought that Dr. Brewster w^ould be able to get him something hand- some from the different medical societies there. After 1 saw Wells in Hartford, and in two or three weeks after his return from Paris, I saw him in New York, and had conversation with him about his picture business, and went with him to his attorney at the custom-house, with reference to his getting out his pictures. We made him several hundred dollars worth of frames ; could not furnish him enough, as he wanted them, and di- rected him to Waller & Kreps, Broadway, New York, and Henry Collins, 29.5 Pear street, picture frame manufacturers, who m.anufactured largely for him. In answer to your last inquiry, I will say I have no recol- lection of ever hearing Wells claim the gas discovery, till after his return from Paris. Truly yours, S. S. BOLLES. 15 To the Members of the Honorable Senate and House of Repre- sentatives of the U. S. of A. in Congress assembled : We, the undersigned, learning that a report has been, or is see the exam- to be made, by a Committee of Congress, awarding the honor sfg^ne*!? of thu of the discovery of the use of ansesthetic agents in surgical Sr^JIJe'u.'s^ operations, to W. T. G. Morton, of Boston, and recommending t^ommissionet an appropriation of one hundred thousand dollars to the said knowledge ol" Morton, for the said discovery — w^ould respectfully suggest : ^^^^^' That, in view of this appropriation, designed to remunerate the person who has thus benefitted mankind, we desire that the claims of Horace Wells, in the matter of this discovery, should receive just consideration, believing, as we do, that to him, and him alone, is the honor and award due. Mrs. Wells, the widow of said Horace Wells, (who is now in dependant circumstances, supporting herself and little son, in part by her own exertions, and in part by the aid of her friends,) has what we consider ample proofs to substantiate the claim of her husband, but cannot well afford the expense of contesting the title of honor alone, especially as that we believe is already generally conceded to Dr. Wells, by the profession in this country, out of Massachusetts. Dr. Wells died at the moment when his success was about being fully established, his claim having been allowed by the Connecticut Legislature, the Medical Society of Paris, and by many distinguished surgeons throughout the Union, among whom were the late Kearney Rogers, of New York, and Prof. Mott. His unfortunate death left no one to defend his cause, while the same thing operated as a stimulant to his opponents, who have since redoubled their efforts. It would be a hardship to deprive his widow of any portion of that reward which Con- gress might see fit to bestow upon the author of this great discovery, and more especially to award it to those, who, there is every proof, have endeavored to deprive her of her just rights. We ask but an impartial consideration of the claim of Dr. Wells, so far as substantiated by facts ; and that as the representative of her husband, Mrs. Wells may receive any and every reward which Congress may see fit to adjudge — who, in thus doing, would confer a needed favor upon her, and 16 honor upon our own country, which they represent, while at the same time they would receive the hearty approval of the great mass of the medical profession in this country, who have been not uninterested spectators of this struggle, and who would rejoice to see even a tardy justice done to the memory of one to whom they feel themselves so much in« debted. P. W. ELLSWORTH, M. D. L. B. BERESFORD, " B. ROGERS, GEORGE HUNTER, " JOHN S. BUTLER, " ARCHIBALD WELCH," GEORGE BRINLEY. WM. W. ELLSWORTH, THOS. H.SEYMOUR, ISAAC TOUCEY, JAMES DIXON, JOSEPH TRUMBULL, TH08. S. WILLIAMS, EBENEZER FLOWER, Hartford, March^ 1852. See examina- tions of mem- bers of this bo- dy before the U. S. Commis- sioDer, as to their krtowl- tedge in the pre- Bjjses. Resolution of the General Assembly of Cyonnecticutof May, 184'/* W'"hereas, it being understood by this Assembly that Dr. Hor- ace Wells^ of Hartford, discovered, in 1844, that nitrous oxyd gas, or the vapor of ether, inhaled [by] persons, causes in- sensibility to pain, in amputation or other surgical opera- tions, which discovery has been most honorably noticed by various medical societies in London, and by the Academy of Medicine, and by the Parisian Medical Society in France, and has since been in use in England, France, and in this country ; Therefore, Resolved by this Assembly, That the aforesaid discovery, by Dr. Wells, of Hartford, Connecticut, of the use of nitrous oxyd gas, or vapor of ether, in surgical operations, is of great im- portance to the public, and entitles the inventor to the favor- able consideration of his fellow-citizens, and to the high sta* tion of a public benefactor. Passed by the Connecticut Legislature, in 1847. At a meeting of the City Council of Hartford, on Monday evening, March, 21st, 1852, the following preamble and res* ©lutions were unanimously adopted ; 17 Whereas, The members of this Council have learned that a re- .seeexammi- port is to be made by a committe of Congress, awarding bere'ofthh^ the honor of the discovery of the use of anaesthetic agents Jfg^c^n,^. in surgical operations, to W. T. G. Morton, of Boston, and sjoner, ^jo recommending an appropriation of one hundred thousand edge in the pre- dollars to the said Morton, for the said discovery ; Therefore "^""^ be it Resolved, That the design of this appropriation being to remunerate the person who has, by this discovery, greatly benefitted mankind at large, we consider that the late Horace Wells, of this city, is clearly entitled to precedence, as having been the true author of this important discovery, and to him, and him alone, is due the honor and reward. Resolved, That to our personal knowledge, the death of Dr. Wells occurred at the moment when he was on the point of fully establishing the justice of his claim, not only in this country, but also abroad, and while his death left no one to defend his cause, his opponents have spared no exertions to avail themselves of the opportunity which his death has given them, to forward their claims. Resolved, That this discovery, one of the most remarkable of the age, may justly be considered an honor to this State, and is deserving of an especial notice from our next Legis- lature. Resolved, That being informed that Mrs. Wells, the widow of the said Horace Wells, has forwarded a petition to Con- gress, together with documentary evidence of her claim, as representative of her husband, satisfactory to some of our most eminent citizens and surgeons, that a copy of these reso- lutions, duly signed and evidenced, be forwarded to the Hon. Charles Chapman, member of Congress for this District; also, that additional copies be forwarded to each of the Con- gressional delegates from this State, now in Washington, and that they be requested to use all proper exertions to obtain a reversal of the decision of said Committee, and an award in favor of Mrs. Wells, as we are fully persuaded that the honor of this discovery belongs wholly and unconditionally to the late Horace Wells, Examinations lefore the U. S. Commissioner at Sari- ford^ of the members of the Connecticut Legislature^ members of the Council of Hartford^ and Physicians and Surgeons^ touching their knowledge of the facts of the case assumed in the Resolutions of the Legis- latu/re and Counsel^ and the foundation of the samie^ and of the Petition of Dr. G, W, Ellsworth^ (&c.y hereinbefore set forth. UNITED STATES OF AMERICA: District op Connecticut, ) City of Hartford and State of Connecticut. ) Be it remembered, That on this twenty-fourth day of No- vember, in the year of our Lord one thousand eight hundred and fifty-two, and by adjournment till December 10th, 1852, I, Erastus Smith, a Commissioner, duly appointed by the Cir- cuit Court of the United States, for the District of Connecti- cut, in the Second Circuit, under and by virtue of the Acts of Congress, entitled " An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States," passed February 20th, 1812, and the Act of Congress entitled " An Act, in addition to an Act, entitled ' An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States,' " passed March 1st, 1817, and the Act entitled "An Act to es- tablish the Judicial Courts of the United States," passed Sep- tember 24th, 1789, did call and cause to be and personally appear before me, at my office, at Hartford, in the city of Hartford, in the said District of Connecticut, in the State aforesaid, C. A. Taft, G. B. Hawley, and others, to testify and the truth to say, on the part and behalf of the petitioner, in a certain matter now depending and undetermined, in the Congress of the United States, at Washington, wherein W. T. G. Morton is petitioner or memorialist. And the said wit- nesses having been by me first cautioned and sworn to testify the truth, the whole truth, and nothing but the truth, in the matter of controversy aforesaid, I did carefully examine the said witnesses, and they did thereupon depose, testify, and say as follows, viz : Dr. CiNciNNATus A. Taft. Ques. What is your age and occupation ? Ans. Thirty last March ; am a physician. ore. 19 Ques. Where do you reside, and how long have you resided there ? Ans. I reside in Hartford; have resided there since the spring of 1846. Ques. Were you acquainted with the late Dr. Horace Wells, and when was your first acquaintance with him ? Ans. I first became acquainted with him in Boston, about January, 1845. I afterwards saw him in Hartford. Had no great acquaintance with him. Ques. Have you any personal knowledge of the discovery by him of any anaesthetic agent in surgical operations, and if so, what agent ? Ans. I was in Boston, attending medical lectures, in 1844-5. See WeHs's Some time that winter Dr. Warren announced to the class Smon^' "f that a gentleman from Hartford wished to give nitrous oxydJ^°'®y ^j^^^^'^^^ gas, for the purpose of rendering the body insensible to pain, wasatotajfaii- He then introduced Dr. Wells to the class. Dr. Wells, that """ evening, or soon after, gave the gas to several persons in a public hall in Boston. One person had a tooth extracted ; he made some noise, apparently from pain, but my impression is that afterwards he stated he was not conscious of any pain. I took the gas from Wells, at that time, but not for any ope- ration, but for the fun of the thing, as did several others. I saw no other experiments to test the thing. Ques. Had the medical class prepared nitrous oxyd gas for the purpose of inhaling, the evening that Dr. Wells was in- troduced to the class by Dr. Warren, for sport ? Ans. Not to my knowledge. Ques. Did Dr. Wells make his experiment the same even- ing he was introduced to the class ? Ans. I cannot say. Ques. Have you not sworn on a previous occasion that it was the same evening ? Ans. Not if I recollect right. Ques. Was it not in an adjoining room in the medical college where Wells addressed the class? Ans. I think not. Ques. Who was the person who had the tooth extracted ? Ans. I do not now recollect, nor do I now remember whether he was a member of the class or not. Ques. Would you swear that you heard him say he expe- rienced no pain ? Ans. No, I would not swear to it ; but it is my impression he said so, after the influence of the gas had passed off that evening. Ques. Will you name any other person who inhaled the gas beside yourself? Ans. Dr. Lanborn, of Reading, Mass., who I believe is now in Boston, is the only one whose name I can now call to mind. 20 Ques. Did you sign the certificate signed by Dr. Fuller and others, in the spring of 1847? Ans. I have no recollection of ever signing it. I did not know the persons mentioned in the certificate, with the excep- tion of J. G. Wells. C. A. TAFT, M. D. Geo. Brinley. Ques. What is your age and occupation! Ans. I am seventy-eight years old ; I am in no business^ Ques. Were you acquainted with the late Dr. Horace Wells? Ans. I was partially acquainted with him. Ques. Have you any personal knowledge of any discovery made by him of the use of anaesthetic agents in surgical ope* rations? Ans. I have no personal knowledge. I received my infor» mation from Dr. Sumner and others, in 1844, or about that time, that Dr. Wells used nitrous oxyd gas to prevent pain* Ques. Did you say, in the presence of Dr. Wells, that the individual who discovered this idea was stupid that he did not pursue it ? See cooiey, Ans. I Said it to him. S; and'^io™: Ques. What did he say ? wX£rton. ^^^' ^ ^^^ "°* know him at the time, and begged his par-* don. He said he would forgive me, as he saw I was his friend ; that he was stupid, or a jackass, that he had not pur- sued it. GEORGE BRINLEY. See in con- This IS TO CERTIFY, That during the last two or three years, S*^?oinirta!j I have been familiar with the successful operations of Dr« MamSon**'' -^^^^^^^ Wells, and other dentists of this city, in extracting foBowing. teeth, without pain, by the aid of nitrous oxyd gas, and he, alone, was regarded as the author of this discovery. G. B. HAWLEY, M.D. Hartford, March 27, 1847. $1 Dr. G. B. Hawley. Ques. What is your age and occupation? Ans. Forty ; I am a physician. Ques. Was you acquainted with the late Dr. Horace Wells? Ans. I was, partially. Ques. Have you any personal knowledge of any discovery made by him of the use of anaethetic agents in surgical ope- rations ? Ans. I have no personal knowledge of his discovery. I have the knowledge of the use of such agents, but was never present when Wells administered them. Ques. How long have you resided in Hartford ? Ans. Since 1836. Ques. In your practice have you made use of anaesthetic agents in surgical operations, and if yea, what ? Ans. I have; chloroform. seeGoodtte's Ques. Was you present at the amputation of a limb of a'^®^""***"* young man by the name of Goodale, in East Hartford, by Dr. Ellsworth ? Ans. Yes, sir. Ques. What anaesthetic agent was administered to him ? Ans. Nitrous oxyd gas. Ques. Was the limb amputated apparently without pain? Ans. Not entirely, but essentially relieved the pain. Ques. For how long a time did he seem to be relieved from pain? Ans. During the whole operation. Ques. How many times was the gas administered during the operation ? Ans. I can 't say as to the number ; he breathed it as ne- see same com- cessity required. *"• Ques. Who administered the gas? Ans. I do not recollect. Ques. At what time was this operation performed ? Ans. In the winter of 1847-8 I think. I think we went out in a sleigh. Ques. by E. A. Bulkley. Did you sign the certificate signed by Dr. Fuller, and other physicians of Hartford, relative to 22! Dr. Wells's discovery, and are the facts stated in the same true? (Objected to.) Ans. I did, and they are true. Ques. by H. Cornwall. What was the certificate you signed ? Ans. I cannot state the wording of the certificate. Ques. At this time, if you do not recollect the wording of the certificate, how can you state the facts set lorth in it are true? Ans. I judge of my recollection of my impressions at the time I signed the certificate. Ques. Have you ever signed more than one certificate ? Ans. Not to my recollection. G. B. HAWLEY, Dr. David Crary. December 9. (Afiirmed.) Ques. What is your age, residence, and occupation ? Ans. I am forty-six ; reside in Hartford ; am a physician and surgeon. Ques. How long have you resided in Hartford ? Ans. About fourteen years. Ques. Were you acquainted with the late Dr. Horace Wells? Ans. I was. Ques. Have you any personal knowledge of any discovery by him of the use of any anaesthetic agent in surgical opera- tions, previous to October, 1846? Ans. No. Ques. Have you, in your practice, ever made use of nitrous oxyd gas, as an anaesthetic agent in surgical operations ? 6C? Ans. No. Ques. Have you ever seen nitrous oxyd used in surgical operations ? If yea, how many times, and when first, and who the patient, and what the operation ? Ans. I have seen it but once — January 4th, 1848. I do not know the name of the patient, but it was a woman, in South Prospect street, and the operation was a removal of a tumor, by Dr. Berresford, assisted by Dr. Grant and myself. 28 Cross-examined by Welch. Ques. Was not Dr. Wells, prior to October 1st, 1846, re- puted to be the discoverer of the fact that dental and surgical operations might be performed without pain, by the use of anaesthetic agents ? (Objected to.) Ans. I can 't say as to date. He was so reputed a long time before the operation spoken of above was performed. Ques. Was not Dr. Wells's discovery the first of the kind of which you ever heard ? Ans. Yes. Ques. direct. Was not Dr. Hackerman, of London, prior to 1830, reputed to be the discoverer of the fact that by the in- halation of gases, pain, in surgical operations, was destroyed ? Ans. I may have read it, but I have no recollection that such was the fact. Ques. In your answer to first cross-interrogatory, what do you mean by a long time ? Ans. I should say at least one year, and perhaps two years. D. CRARY. Dr. E. K. Hunt. Ques. What is your age and occupation ? Ans. My age is forty- two ; my profession, a physician and surgeon. Ques. How long have you been a resident of Hartford ? Ans. About thirteen years. Ques. Was you acquainted with the late Dr. Horace Wells? Ans. I was. Ques. Have you any personal knowledge of any experi- ments made by him of the use of anaesthetic agents in sur- gical operations ? Ans. I never saw him make any experiments. ^7X) J Question by E. A. Bulkley, counsel for Mrs. Wells. Were the matters set forth in the certificate signed by Dr. Fuller and other physicians of Hartford, and also by yourself, ac- cording to your best knowledge and belief, true ? (Objected to.) Ans. I believe they were true. I saw all the parties named in the certificate, and questioned each one. 24 Question by H. Cornwall. Have you any experience in the use of anaesthetic agents ; and if so, when and what ? Ans. I cannot state dates. I have not used any until within the last three years. I used chloroform and chloric ether. Ques. Was you acquainted with Milo Lee, F. C. Goodrich, J. G. Wells, and Wm. H. Burleigh ? Ans. I was acquainted with the two last named- — ^not with the others. They all came together to my office, at my re- quest, to answer any question I might ask respecting their personal experience in the use of any article for annihilating pain. Ques. At what time did they come to your office ? Ans. I think in March, 1847. E. K. HUNT, Dr. John Schru. Ques. What is your age and occupation ? Ans. I am thirty-five, and a physician. Ques. Where do you reside ? Ans. In Hartford. Ques. Were you acquainted with the late Dr. Horace Wells? Ans. Yes, sir. Ques. Have you any personal knowledge of any experi- ments made by him of the use of anaesthetic agents in surgi- cal operations ? 03^ Ans. I have no personal knowledge. Ques. Did you know anything in relation to any such dis- covery by any one previous to October 1st, 1846 ? Ans. Not to my present recollection. Question by E. A. Bulkley. How long have you resided in Hartford ? Ans. I came in the fall of 1844. Ques. Do you practice surgery at all ? Ans. To some extent. Question by H. Cornwall. Have you ever seen any persons on whom Dr. Wells experimented ? Ans. Not to my knowledge. Question by same. Did Dr. Wells ever come to you to talk with you on this subject ; and if so, when ? Ans. He came to me in 1846 or 1847 — after his return from Europe, and after a controversy had arisen — with a paper he wished me to sign relative to his discovery, which 1 think I signed. JOHN SCHRU, M. D. Dr. G. W. Russell. Ques. What is your age and occupation? Ans. I am a physician and surgeon. My age is thirty- seven. Ques. Where do you reside ? Ans. I have always resided in Hartford. Ques. Was you acquainted writh the late Dr. Horace Wells ? Ans. Yes. Ques. Have you any personal knowledge of any experi- ments made by him of the use of anassthetic agents in surgi- cal operations previous to October 1st, 1846? Ans. I had no persona! knowledge. cp) Question by Wales, who appeared for Mrs. Wells. Was you not credibly informed, by members of the medical profession, that Dr. Wells had made a discovery of anaesthetic agents for surgical operations, a year or two before you heard of their use in Boston ? (Objected to.) Ans. I should say yes. Question by same. What facts were you informed of the use of these agents? (Objected to on the ground of being hearsay ; and that if Dr. Wells performed any experiments, the persons on whom they were performed should be called on to testify to them.) Ans. I learned from my intercourse with my medical breth- ren that Dr. Wells had extracted teeth from persons under the influence of nitrous oxyd gas. Ques. Had you heard any other name mentioned than Dr. Wells as the discoverer, before you heard of the claim of Morton and Jackson, of Boston ? Ans. 1 had not. Question by H. Cornwall. When did you hear of the dis- covery of Morton or Jackson ? Ans. I cannot say now as to the month or year ; but it was some time subsequent to my hearing of the experiments of Dr. Wells. 26 Ques. by same. Did you ever use nitrous oxyd gas in any of your surgical operations? Ans. I never have. Ques. by same. Have you ever used any anaesthetic agent, and what, if any, and when did you first use it? Ans. I have used a mixture of ether and chloroform, once or twice, about two or three years since. I have used chloro- form frequently — soon after it was brought into this country. I never used ether. Ques. by E. A. Bulkley. Were the matters set forth in the certificate, signed by Dr. Fuller, and other physicians of Hartford, and also by yourself, according to your best knowl- edge and belief, true. (Objected to.) Ans. They were. Ques. by H. Cornwall. At whose suggestion did Lee, Good- rich, Wells, and Burleigh, call on you ? Ans. I cannot say. Ques. What did Burleigh then say to you ? Ans. He and the others stated they had teeth extracted, or some other operation performed on them, by Dr. Horace Wells. GURDON W. RUSSELL, M. D. Dr. Benjamin Rogers. December 6. Ques. What is your age and occupation ? Ans. I am seventy-three, and a practising physician. Ques. How long have resided in Hartford ? Ans. Thirteen years. Ques. Was you acquainted with the late Dr. Horace Wells? Ans. Yes, but not intimately. Ques. Have you any personal knowledge of any discovery by him of the use of anaesthetic agents in surgical operations ? Oj^ Ans. No, sir ; I have not. Ques. Have you ever made use, in your practice, of any anaesthetic agent in surgical operations ; if yea, what agent ? Ans. I have never used any. Ques. Did you ever personally know of the use of nitrous oxyd gas, in any surgical operation, previous to October 1st, 1846? 03* Ans. No, sir. 27 Ques. Did you ever know of the use of ether, as an anaes- thetic agent in surgical operations, before that time ? Ans. I did not. Ques. How far was your residence from that of Dr. Wells ? Ans. I think, not quite half a mile. BENJ. ROGERS. Dr. George Sumner. Ques. What is your age and occupation ? Ans. Fifty-eight, and a physician. Ques. How long have you resided in Hartford ? Ans. Thirty-two years. Ques. Were you acquainted with the late Dr. Horace Wells ? Ans. Slightly. Ques. Have you any personal knowledge of any discovery made by him, of the use of anaesthetic agents in surgical op- erations ? Ans. I have no personal knowledge. ^ Ques. Have you ever made use of nitrous oxyd gas as an anaesthetic agent ? Ans. I have not. Ques. Have you any knowledge of the use or discovery of -CO ether, as an ansethetic agent in surgical operations, before October 1, 1846? Ans. I don't think I have. 4jO Ques. Did you know Dr. S. Fuller and Wm. James Barry ? Ans. I did. Ques. Are they living ? Ans. No. Ques. Do you know Drs. E. E. Marcy and D. S. Dodge ? Ans. I do. Ques. Where do they reside ? Ans. In New York. Cross-examination. Ques. Had you ever any conversation with Dr. Wells, on the subject of any anaesthetic agent ? Ans. I had. 28 Ques. When? Ans. Soon after his visit to Boston. I think, in January, 1845. Ques. Did he speak of having discovered the anaesthetic properties of nitrous oxyd gas? Ans. He did, according to my impression. Ques. Did he state to you his object in going to Boston? Ans. I don't think he did. Ques. Was it generally knov^m and believed, in this com- munity, from and after December, 1844, that Dr. Wells had discovered an anaesthetic agent ? (Question objected to.) Ans. It was a subject of discussion among physicians in this vicinity, and, I think, generally believed. Ques. Had you, prior to the time referred to in your last answer, ever heard of any discovery of any anaesthetic agent, by any other than Dr. Wells ? Ans. I had. Ques. To what discoveries do you refer ? OT/" Ans. To Beddoes, Davy, and others. Ques. Did you know or hear of the use of any anaesthetic agent, in surgical operations, prior to the discovery of Dr. Wells? Ans. I don't think I did. Direct examination resumed. Ques. Did you ever know a surgical operation performed, under the influence of any anaesthetic agent, before the fall of 1846; if so, what? QkT Ans. My impression is I have known alchohol so used. Ques. When was the matter of Wells's discovery discussed ? Ans. I cannot state the day, or the month, or year. It was soon after mesmerism and laughing gas were brought to notice in this city. I think about 1844 or 1845. Ques, Was not nitrous oxyd, at that time, considered as a thing of no practical value in surgical operations ? Ans. Before the experiments of Wells, it was so consid- ered. I think, after that, it had a reputation it had not before. Ques. You say it was generally believed, in this communi- ty, after December, 1844, that Wells had discovered an anaesthetic agent. Will you name any person that believed it? (C/* Ans. I got the impression that a good many believed it, but can give no names. I think Dr. Marcy and Dr. Ells- worth, surgeons, believed it. (Xj» Ques. by Welch. Was not this discovery a subject of dis- cussion, in your medical meetings, during the years 1845 and 1846 ? Ans. It is my impression that it was. Ques. You state that, after Dr. Wells' experiments, nitrous oxyd gas had a reputation that it had not before. Do you mean by that, that this gas, in consequence of the Doctor's ex- 29 periments, came to be considered a valuable anaesthetic 4^ agent ? Ans. It was more noticed. «C0 Ques. by H. Cornwall. Was nitrous oxyd, at that time to which you refer, considered a valuable anaesthetic agent ? Ans. I cannot answer definitely. It had a growing repu-^ tation. Ques. Do you consider, at this time, that nitrous oxyd is a valuable anaesthetic agent in surgical operations ? Ans. I do not practice surgery. I do not place the confi- jp^ dence in it I do in chloroform. GEORGE SUMNER. Dr. S. B. Beresford. Ques. What is your age and occupation f Ans. I am forty-six, and a physician and surgeon. Ques. How long have you resided in Hartford ? Ans. About eighteen years. Ques. Did you know the late Dr. Horace Wells, in 1846 and 1846? Ans. 1 knew him as a practising dentist. Ques. Have you any personal knowledge of any discovery by him, of the use of any anaesthetic agent, in surgical opera- tions, previous to October Ist, 1846 ? Ans. 1 was present at no operation of the kind, and had nojp) personal experience. Ques. Have you ever in your practice made use of nitrous oxyd gas as an anaesthetic agent ; if yea, when first, and who was the parient operated upon ? Ans. Yes ; 1 operated in this city, January 4, 1848, on Mrs. 4^ Charles Gabriel, removing, from the neighborhood of her shoulder, a tumor, while under its influence. Ques. Have you ever made use of nitrous oxyd, in any sur-.rjO gical operation, since ? Ans. No, sir. ^ Ques, Have you any knowledge of any experiment, or use of any anaesihetic agent, by Dr. Wells, except that derived from hearsay ? Ans. All that I knew was derived from hearsay, previous to the date of this operation* Cross examination. 30 Q,aes. When did you first hear of the discovery, by Dr. Wells, of an anaesthetic agent ? Ans. Two or three years previous to the operation. Ques. Was not Dr. Wells's discovery a matter of great no- toriety and comment, during the years 1845 and 1846? Ans. Yes, sir ; I frequently heard the matter alluded to. Q,ues. Was not his discovery the subject of frequent dis- cussion, in your medical meetings, about that time ? Ans. I cannot remember with sufficient distinctness to en- able me to answer that question. Q,ues. Did you, during the year 1845, hear that any other than Dr. Wells claimed to have discovered any anaesthetic agent ? Ans. No, sir. Clues. How large was the tumor of which you have spo- ken? Ans. From recollection, I should say from five to seven ounces. dues. How long was the patient under the influence of the nitrous oxyd gas ? ^ Ans. I should think six or seven minutes under its com- plete influence. I speak from recollection. The mass was removed in five or six minutes, and she very soon recovered her perception, after it was taken out. Glues. Was the operation successful and satisfactory? Ans. It was. The patient felt no pain during the removal of the tumour. Clues. Did Dr. Wells administer the gas ? Ans. Yes. Q,ues. Was not the above operation as successful and sa- tisfactory as any you have ever performed with any other anaesthetic agent ? Ans. It was quite as successful as any, so far as destroying sensibility was concerned. Glues. Do you know that Dr. Wells was obliged to aban- don his profession sometimes, on account of ill health ? Ans. I think I remember hearing Wells make a statement to that effect. Glues. Did Dr. Wells ever abandon his claim as the first discoverer of an anaesthetic agent? Ans. Never, to my knowledge. Ques. Was he not generally regarded by the profession as such discoverer ? (Objected to.) Ans. He was, by the profession in this city. Direct resumed. Glues. Can you state that any person of the medical pro- fession, in this city, regarded him as the original discoverer of the use of an anaesthetic agent ? Ans. I cannot state any particular individual ; but I know that it was the general opinion of the faculty here, that he was entitled to that credit. 31 Last part of answer objected to. Ques. What do you mean by the general opinion of the =C0 faculty ? Ans. The only opinion I heard expressed. Ques. Do you mean to say that before October, 1846, you^ heard the matter of any discovery of anaesthetic agent, by Dr. Wells, talked of ? Ans. Two or three j^ears before the operation above spoken j-q of, I frequently heard the matter alluded to. I cannot specify dates, nor answer more fully. Q,ues. You say the operation you have spoken of was quite as successful as any you ever performed, so far as destroying sensibility was concerned. In what was the operation not as successful ? Ans. The patient was very faint and depressed, for about ^ ^ .1 \. xi J- p^ta ^T7 ii own account of ties which Boston posscsscs, that the discovery oi Dr. Wells till BoYton^Hot- would havc been more minutely and fully carried out in its pitai, and that jg^^jig jj^ 1844. It mQSt bc remembered that surgical cases, W 3.rr6ri find (~j ^ Haywood, two In Hartford, are "few and far between," and that we have, were^macf °in- comparativel}^ no opportunities for the general or common tSf' hfrn introduction of any article like the one under consideration, with^^^ much Boston, wlth its array of surgeons, its hospitals, its medical and other journals, all eager to secure the credit of the dis- covery to the Athens of America, was the first city, after Hartford, where Wells communicated his wonderful discov- ery. There he met with a reception so cold, that after a single imperfect trial of the gas, amidst the sneers of those around him, he left Boston in disgust and sick at heart, at the unfair disposition manifested towards him. kindness. 93 I also further declare, that subsequently to Dr. Wells's visit to Boston, for the purpose above named, that Dr. W. T. G. Morton, of that city, a former pupil of Dr. Wells, during ^;f/Ji,™9;[,^ the spring or summer of 1845, called at two different times, ^03. at the latter's office, which was adjoining my own, in the eity of Hartford, and requested Dr. Wells to inform him as to the manner of preparing nitrous oxyd gas for use, and said Morton was by him referred to me, (Dr. Well's apparatus being at that time in my possession,) and also to Dr. Charles T. Jackson, of Boston, as professional chemist, for said infor- mation. What connection there may have been between the respective visits of Drs. Wells and Morton, to Boston and Hartford, and the subsequent efforts of r>rs. Jackson and Morton, to secure a patent, the public can judge. It is my firm belief, that all the knowledge possessed by Drs. Jackson and Morton, upon the subject of pain prevention, by means of anaesthetic agents, originated with Dr. Horace Wells, and was by him communicated to them, and that to him should be awarded the merit of this most important discovery. JOHN M. RIGGS. City of Hartford: On the thirteenth day of Novemberj A. D. 1849, the above named John M. Riggs, personally ap- peared before me, the subscriber. Mayor of Hartford, and made oath that the foregoing certificate, by him subscribed, is true. In testimony whereof I have subscribed the same, and [L. S.] caused the city seal to be hereunto affixed, the day and year last above written. PHILLIP RIPLEY. UNITED STATES OF AMERICA : District of Connecticut, ) City of Hartford and State of Connecticut. \ ^^' Be it remembered, That on this 30th day of November, in the year of our Lord one thousand eight hundred and fifty-two, and sub- sequently, I, Krastus Smith, a Commissioner, duly appointed i)y the Circuit Court of the United States, for the District of Connecticut, in the Second Circuit, under and by virtue of the Acts of Congress, u entitled " An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States," passed February 20th, 1812, and the Act of Congress entitled "An Act, in addition to an Act, entitled 'An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States,' " passed March 1st, 1817, and the Act entitled " An Act to establish the Judicial Courts of the United States," passed September 24th, 1789, did call and cause to be and personally appear before me, at my office, at Hartford, in the City of Hartford, in the said District of Connecticut, in the State aforesaid, John M. Riggs, to testify and the truth to say, on the part and behalf of the Wm. T. G. Morton, in a certain matter now depending and undeter- mined, in the Congress of the United States, at Washington, wherein Wm. T. G. Morton is memorialist, and Elizabeth W. Wells et al are remonstrants* And the said John M. Riggs, being about the age of forty years, and having been by me first cautioned and sworn to tes- tify the truth, the whole truth, and nothing but the truth, in the mat- ter of controversy aforesaid, I did carefully examine the said John M. Riggs, and he did thereupon depose, testify, and say as follows, viz : Dr. J. M. Riggs. 1. Ques. What is your age and occupation? Ans. I am forty ; I am a dentist. 2. Ques. How long have you resided in Hartford? Ans. About twelve years. j 3. Were you acquainted with the late Dr. Horace Wells? il Ans. I was well acquainted with him. 4. Ques. Do you know Dr. S. A. Cooley ? Ans. I know S. A. Cooley, who is called doctor, from having been in a drug store. 5. Ques. Was Cooley in your office, or Dr. Wells's office, on the 11th of December, 1844? Ans. He was in Dr. Wells's office at that time ; I think, without doubt, that is the date. 6. Ques. What other persons were present? Ans. Mr. Colton, who gave the gas, and had a lecture at Union Hall, Hartford, the evening previous ; myself, Dr. Wells, and I think two or three others, whose names I do not recollect. 7. What time in the day was it they came to Dr. Wells's office? Ans. I think between ten and twelve o'clock, A. M. 8. Ques. Did Dr. Wells, Cooley, and Colton, and the other per- sons, come to Dr. Wells's office together? Ans. I do not know ; my impression is they came together. 9. Ques. Do you know from where they came, at that time ? Ans. I do not know ; but they came with a bag of gas, and as the gas was at Union Hall, I supposed they came from that place. 10. Ques. Was you present at Union Hall when Dr. Cooley took the gas, and injured himself? Ans. I was not present, I think. 95 11. Ques. Do you not know ibat Dr. Wells received the idea of extracting teeth without pain, by inhaling nitrous oxyd gas, from Cooley, or from seeing him hurt himself under its influence ? Ans. I do not know the fact ; my impression is Dr. Cooley hurt himself under the influence, but as I was not present, do not know- 12. Ques. Did not Dr. Wells tell you that he was present when Cooley received the injuries, under the influence of the gas ? Ans. I think he did. 13. Ques- When was the first operation you ever performed when ^ ^ . . 11. n r x n subsequent to the patient was under the influence or ether? Morton's disco- Ans. About two years after this use of nitrous oxyd gas? soon J^JJ^y^^j p Jj after it began to make a noise in Boston. 14. Ques. Will you state the first time you ever saw ether ad- ministered in a surgical operation? Ans. I never saw it administered in surgical operations, except as I administered it. 15. Ques. What took place December 11th, 1844, at Wells's office, when Cooley, Wells, Coltoii, and others, were present? Ans. Dr. Wells, a few minutes after I went in, and after conver- sation, took a seat in the operating chair ; I examined the tooth to be extracted, with a glass, as I usually do ; Wells took the hag of gas from Mr. Colton, and sat with it in his lap, and I stood by his side ; Wells then breathed the gas until he was much afl?ected by it ; his head dropped back; I put my haiid to his chin — he opened his mouth, and I extracted the tooth ; his mouth still remained open some time ; I held up the tooth in the instsument, that tho others might see it, they standing partially back of the screen, and were looking on ; Dr. Wells soon recovered from the influence of the gas, so as to know what he was about — discharged the blood from his mouth, swung his hand and said, "A new era in tooth pulling;" he likewise said it did not hurt him at all; we were all much elated, and conversed about it for an hour after. 16. Ques. Were the effects of th& gas on Dr. Wells similar to its effects on others that you had seen inhale it at the Hall, or at any previous time you had seen nitrous oxyd gas inhaled? Ans. No, sir — not similar toothers ; he took it in larger quantities than I had seen exhibited, or it had a greater effect on him, for in the other cases the bag is taken away before the person inhaling is to- tally insensible. 17. How many days before this was it that you saw Dr. Wells take the gas, and commence a speech? Ans. I did not see him take it, but understood he took it the even- inq: before. 18. Ques. Did not Wells tell you he and Cooley had taken the gas the evening before you extracted the tooth? Ans. It is my impression he did ; he came to my office afler the exhibition. 19. Ques. Did you ever see nitrous oxyd gas administered before this? Ans. I had ; while in college had taken it myself. 20. Ques. How long did you ever see any person inhale nitrous oxyd gas ? Ans. I never timed any one, and cannot say. 96 21. Ques. Did you ever see anyone drop the bag while inhaling the gas ? Ans. I think I have. 22. Ques. Had you ever se»n any surgical operation performed by the use of any anaesthetic agent, previous to your pulling Dr. Wells's tooth 1 Ans. No, sir. 23. Ques. Did you ever see Dr. Wells extract a tooth, with the patient under the influence of nitrous oxyd gas. ? Ans. Yes, many. 24. Ques. Who was the first person whose tooth you saw Wells extract, while under the influence of nitrous oxyd? Ans. I can't tell. 25. Ques. Who was the second ? Ans. I can't say, positively. 26. Ques. Was the first person a male or a femal? Ans. It was a male; the only ones for weeks were males. 27. Ques. Who was the third person Wells so operated upon ? Ans. I cannot speak as to their order. 28. Qaes. How long after Wells's tooth was extracted was it that he extracted a tooth under the influence of nitrous oxyd ? Ans. As soon as we could get an apparatus for making gas, which was in a few days — could not say how many. 29. Q,ues. Was J Gaylord Wells among the first three or four to w^hom Dr. Wells administered nitrous oxyd ? Ans. I could not say positively he was among the three or four first, but he was among the first to whom Dr. Wells administered it. 30. Ques. How many persons can you state Dr. Wells adminis- tered nitrous oxyd to, previous to his going to Boston, of your own personal knowledge ? Q-y> Ans. I cannot state the exact number, but to quite a number. 31. Ques. How do you know this ? q3' Ans. I know it from being present to many of them. 32. Ques. How many will you swear to as having seen Wells administer it? 0:;j=' Ans. I cannot say. 33. Ques. Can you say whether one or a hundred? Ans. It was more than one, and I don't think it was a hundred. O:^ 33^ Ques. How many more than one ? OCr" Ans. I cannot swear as to the exact number. 34. Ques. How many persons did Wells give the gas to that you knew, and what are their names? Q^ Ans. I cannot state any name except J. Gaylord Wells, at present. 35. Ques. How many of the operations you saw performed by Dr. Wells were upon males ? (C" Ans. All of them were on males. 36. Ques. How many of them did you converse with? Q3^ Ans. I cannot tell. 37^ Ques. Did you converse with any of them ? (Cr" Ans. I did. 38. Qnes. Were they citizens of Hartford? Q3' Ans. I could not say whether all were citizens of Hartford? 89. Ques. Were any of them, except J. G. Wells? 97 Ans. My impression is some of them resided here, -C^ 40. Ques. Have you ever conversed with them since ? Ans. I have met but very few of them — don't recollect conversing 4ID with any one, except J. G. Wells. 41. Ques. Which of them have you met? Ans. I do not recollect the names of any one, ^ 42. Ques. Who generally assisted Wells, besides yourself, in ex- tracting teeth ? Ans. I do not know ; he required but little assistance. 43. Ques. When did you first administer nitrous oxyd for extract- ing teeth ? Ans. Before the 1st of January, 1845. ^pO 44. Ques. What was the name of the first patient? Ans. 1 don't remember.; we charged nothing during these experi- ^ ments, and I have no means of knowing. 45. Ques. How long did you continue to extract teeth without any charge ? Ans. I should think for two or three weeks after Wells got up the apparatus. 46. Ques. Was your first experiment on a male or female ? Ans. On a male. 47. Ques. Can you state the name of the second person, and whether a male or female, aged or young, a citizen or a stranger ? Ans. Cannot state the name. I think it was a male, as all our first experiments were on males. I do not recollect the age, or whether a citizen or stranger ; I think a citizen, as pretty much all our subjects were citizens, at that time. 48. Ques. Who was the third person? ^ Ans. I can't tell the person's name. 49. Ques* Can you fix any definite time when you began to charge ? Ans. I cannot state the exact time when we began to receive pay. 50. Ques. Was il before or after Wells went to Boston ? Ans. I cannot fix the time as before or after ; my impression is it was after. 51. Ques. Ib there anything in your books to fix the time ? Ans' Yes ; there is to fix a time, but I cannot say it was the first time, as I might have been paid. 52. Ques. Will you please produce them ? Witness brings in his book. 53. Ques. Have you any entry of any charge in the month of January, 1845 ? Ans. I do not see any, at present. I now find one of January 23, 1845. 54. Ques. Please state the manner of keeping your books? Ans. 1 keep no regular journal and ledger. I intend to do a cash business ; when a person has work done, and does not pay, I enter it. I enter all the work for filling, whether paid or not. When I do not finish the work, I make an entry, and leave a space ordinarily, if they make another engagement to come in a few days ; and when they come, I enter the charge directly under the former charge, al- though there may be a page of charges made between the time of the two charges, which are so put together. When the space is 7 98 filled up, if it don't embrace all the charges, I turn over to the next blank leaf, and give another space. If a person has any filling done, I enter it on ray book ; and when he pays, I balance it, and square the account. 55. Ques. Do you not leave space enough to enter down what a patient might have for a year ? Ans. Possibly I do. I sometimes leave from one-eighth to half a page. 56. Ques. Do you not, if occasion requires, put all the dates for a year in this one-eighth or one-half page so left? Ans. All I do for that person, provided the place is not filled up unless he pays the bill. If he doos pay the bill, a new account is opened on the day his new account commences. 57. Ques. Please look at page 81. Say whether the charge of January ^Sd is on that page ? Ans. It is. Please have charge marked by the commissioner. 53. Ques. Have you had said charge marked by the commission- er ? Ans. I have. 59. Ques. Please look at this charge, and see if the words " he felt no pain," is not interlined between that charge and the previous one. Ans. It is. 60. Ques. Have you examined your books thoroughly, and do you find any other charge before or in the month of January, 1845, where you extracted teeth under the influence of nitrous oxyd ; if yea, please exhibit the charge ? Ans. I have no other charge before or in the month of January. 61. Ques. Have you any such charge in the month of February, 1345 ? Ans. I believe not. 62. Ques. Have you any such charge in the month of March, 1845? Ans. I have. 63. Ques. To whom did you administer the gas in March, 1845 ? Ans. To Miss Elizabeth Williams. 64. Ques. For what purpose ? Ans. For extracting teeth. 65. Ques. Was the operation successful? Ans. I don't remember, but think it was. I have no record as to the circumstances ; nor do I recollect whether I took out one tooth or more. 66. Ques. W^ill you please exhibit your book to commissioner, and have charge to Miss Williams marked ? (Book exhibited, and charge marked E. S.) Have you any such charge in the months of April, May, or June, 1845 ? Ans. I have none. 67. Ques. Have you any such charge in the month of July, 1845 ; if yea, what day in the month ? Ans. I have a charge July 26, 1845. 68. Ques. Will you please produce your book, and have the charge marked by the commissioner ? (Book exhibited, and charge marked E. S., page 131.) 99 69. Ques. Will you state exactly what the charge is on your book and to whom ? '' ' Ans. The charge is to Wm. H.Burleigh, 1845, July 26 "To See Burleigh 's eiiracting tooth and fang, having administered to him nitrous oxyd Si' oTe "tion or exhiierating gas, by which influence he experienced no pain what- ?^«^'"'' p'"^ ever," $1 50. 70. Ques. Was not all the words in said charge, after the word Jang, mterlined. or written subsequently to the other part of said charge, and with different ink ? Ans. It vvas written at the time the charge was made, on the day the charge bears date, and all written at one time. 71. Q.ies. Have you any other such charge in July, 1845? Ans. 1 have. ^ 72. Will you please produce you book, and have the charge mark- ed by the commissioner? (Book exhibited and charge marked E. S., page y3.) ' 73. Ques. Will you state what this charge is ? Ans. Mr. G. S. Beach, 1845, July 26th, "to extracting tooth, after admmistermg nitric oxyd gas. IsIsV^'^'* ^^""^ ^""^ any other charge, to any person, in July, Ans. I believe not. 75. Ques. Have you any memoranda on your book, in July, with reterence to having adminstered the nitrous oxyd in dental opera- tions? if yea, please give it exactly, and the page. Ans On page 1311 have the following entry, under the charge to Wm. H Burleigh: "I extracted 7 teeth this P. M., the patients being undeT the influence of this gas ; they all declared they felt no pain." 7b. Ques. In taking out the 7 referred to in the memorandum, did your count the teeth extracted from Burleigh and Beach ? Ans. I cannot tell. 76. Ques. When was your next charge ? Ans. September, between the 5th and 8th, 1845. 77. Ques. Will you please present your book and have the charge marked by the commissioner? ^ (Book exhibited and charge marked E. S., on page 141.) 78. Ques. Will you please state the charge '? Ans 1845, date omitted, to R. G. Drake, "to extracting tooth atter administering nitric oxyd gas, $1." 79. Ques. When is your next charge ? Ans. September lOth, 1845. 80. Ques. Please produce your book and have charge marked ? (Kook exhibited and charge marked E. S., pao-e 142.) 81. Ques. Will you stale that charge? ^' Ans. Wm. S. Thompson, September 10th, 1845, "to extracting alone f^^^^^' '"'"^^"^ "''"''' ''''^^ ^^'' ^^""^ ^"^ '"^^^ ^' ^^' ^^™ 82. Ques. When is your next charge? Ans. March 13th, 1846. ma^rkedH"^'' ^'^^ ^""^ P"'"'^"'^® ^''"'' ^''''^ ^""^ ^^^® *^^« ^^^^g® (Book produced and charge marked E. S., on page 176.) 84. Ques. Was this charge made on the 13th of March, 1846?. 160 Ans. Yes. 85. Ques. Was not this charge interlined after you had carried Richardson's account to page 223 of your book? Ans. I think not ; but I omitted to carry out the charge until after I had drawn the line for footing up, and the figure 1 is crowded near the figure 2 of the last charge. 86. Ques. To whom is this charge made ? Ans. To E. B. Richardson. 87. Ques. Did not Richardson and Thompson request you to make the gas and administer it to them separately? Ans. Yes, sir. 88. Ques. When is your next charge, and to whom ? Ans. My next charge is July 17th, 1846, to Benj. Webster. 89. Ques. Will you present your book and have said charge marked by the commissioner? (Book produced, charge marked E. S., page 210.) 90. Ques. Please state the charge. Ans. "To extracting two teeth, by giving nitric oxyd gas, $1." 91. Ques. Did Mr. Webster request you to prepare and adminis- ter the gas to him; and did you not advise him that it was somewhat unsafe ? Ans. He requested me to give it to him; whether I had any made or not at the time, I cannot say ; I should not have given it if he had not requested it. I do not think I advised him it was unsafe, for I never considered it unsafe, if pure. sitiorof No?. 92. Ques. Have you any other charge on yourbook ; if yea, when ia«,j. g^jj(j tQ whom ? Ans. I have one, made November 2d, l846,to E. B. Richardson. 93. Ques. Please produce your book and have this charge marked) by the commissioner? Book produced ; charge marked E. S., page 223. I 94. Ques. Please state this charge, and whether your last? Ans. I believe it is the last. " To extracting tooth, by nitric oxyd gas, $1." 95. Ques. How many patients, in all, did you administer nitrous oxyd to ? Ans. It is impossible for me to tell, any more than the number of teeth I have extracted without using it. 96. Ques. How many times did you administer it in the w ter of i 1845? Ans. I cannot tell the exact number of times — quite a number. 97. Ques. What do you mean by quite a number ? Ans. It might range from ten to fifty. 98. Ques. Do you mean to say you administered the gas in January and February, 1845, to from ten to fifty persons for dental operations ? Ans. Yes, sir, that is as near as I can get. I think that would cover it. 99. Qaes. Will you give the names of the patients, or so many of them as you remember? Ans. Geo. Robinson's son is the only one I now recollect? 100. Do you mean to say that you administered the nitrous oxydl as many as ten times in January and February, 1845 ? I Ans. I do. 101 101. Ques. Who was present at any time when you administered it? Ans. I cannot say ; sometimes one, sometimes half a dozen were in my office when it was given. 102. Ques. Did any of these patients ever detain you, in conse- quence of their being excited, or any other cause resulting from the administration of nitrous oxyd ? Ans. I do not remember any aggravated or serious cases. 103. Ques. Did you ever administer nitrous oxyd for the purpose of extracting teeth, and not succeed ? Ans. I do not recollect. 104. Were not some of the persons so excited you could not con- trol them without asijistance ? Ans. No. 105. Ques. Do you mean to say that all these cases, from ten to fifty, in January and February, 1845, were perfectly successful? Ans. They v*^ere successful, so far as the effect of the gas was con- cerned ; they might not be successful for the number of teeth some- times necessary to be extracted. 106. Ques. What do you mean by " not successful for the number of teeth necessary to be extracted ?" Ans. I might give it to a patient who wished three or four teeth extracted, and only get out a part before he would come to so as to feel or suffer pain. 107. Ques. What was the first dental operation you saw Dr. ^^^g^^>]* ^^^^• Wells perform after he returned from Boston in January, 1845, while i4i, and 142, his patient was under the influence of nitrous oxyd? p* ^^ * Ans. I don't remember. 108. Ques. Will you swear he performed any after his return in 1845? Ans. I can't directly swear that he did. My impression is that he did. 109. Ques. Upon whom ? Ans. I don't remember any person to whom he gave it. 110. Ques. Did you make an arrangement with Dr. Wells to take his dental business in, or about 1st April, 1845? Ans. He assigned his business to me at one time. The date I cannot now tell. He gave me a card which was published in the Courant or Times, or both. 111. Ques. Were you not the first person he transferred his busi- ness to after his return from Boston, and was not his office the adjoining room to jours ; and how long had his office been there ? Ans. I don't know of his transferring his business except to me at any time. His office was adjoining mine, in the same building and on the same floor. His office was there in 1844, perhaps earlier. 112. Ques. When was the first arrangement you made with him to divide profits ? Ans. I never made any arrangement to divide profits except when he transferred to me his business. I agreed to allow him a certain per cent, on business done for his patrons. 1 do not recollect the per cent., or that I paid him anything. 11.3. Ques. Did not Dr. Wells occupy the room next you until he transferred his business to you ? 102 Ans. It is my impression he did; cannot speak positively as to the time he transferred it. 114. Ques. Who succeeded Dr. Wells in that office ? Ans. I do not recollect ; there was a barber in there, either before or after. 115. Ques. Was the gas apparatus in Wells's room moved into your room before or after he went to Boston ? Ans. About the time he left. I think the barrel was the same he had. I had some of his ammonia. I do not recollect whether I had his retorts or not ; I used to break them and buy new ones. 116. Ques. Do you know Truman Smith? Ans. I know the Hon. Truman Smith. 117. When was he last in your office ? Ans. He has been there th;ee or four times ; the last time was some day last week. 118. Ques. When was the first time he was there ? Ans. I think it was last week. 119. Ques. Who was present .^ Ans. Geo. A. Tomlinson. 120. Ques. Any body else; did any one come with him } Ans. I think no one came with him. 121. Ques. Did you have an interview with him at any other place or places .'' Ans. I did, at Dr. Ellsworth's, about twenty minutes. 122. Ques. What was the subject of conversation in your inter- views } Ans. At the first interview it was about Dr. Wells's discovery, at Dr. Ellsworth's, and another place ; at the other it was professional conversation about his own leelh. I had one or two other inter- views with Mr. Smith about Wells's discovery. 123. Ques. At whose request? Ans. At the request of Joseph Wales. 124. Ques. Has Mr. Smith any knowledge you intend to be in Washington this winter ? Ans. He has. 125. Ques. Have you any knowledge he had any interview with any other person respecting Wells' discovery ; if so, please name them ? Ans. He had an interwiew with Mr. Colton. I don't remember any other person. 126. Ques. Have you ever had any litigation with Dr. Morton ? Ans. I had a lawsuit with him. 127. Ques. Have you since that suit been on speaking terms ? Ans. I do not recollect of meeting him, before to-day, since the lawsuit. 128. Ques. How long have you known Dr. Morton, and what knowledge had you of his connexion with Dr. Wells ? Ans. I knew him before he went to Boston with Dr. Wells. When I first knew him he was practising in Farmington. I had seen him as early as the spring or summer of 1842 ; might have been intro- duced at that time ; think Dr. Wells introduced me to him ; it might have been in 1841. I know Drs. Wells and Morton started to go to Boston ; do not recollect the date ; think it was in the fail or winter of 1842 or 1843. 103 129. Ques. State any personal knowledge you have that Dr. Mor- ton was a student of Dr. Wells ? Ans. I have no personal knowledge. ,^«^ p^g® 93, -1 .-./I /^ «T7 .1 ■! •, ' 1 ^ .^ n where heswears 130. Ques. Was you a student in dentistry in 1842 ] to the fact. Ans. I was. 131. Ques. Was Dr. Wells a man of general science 1 Ans. I should say not. He was not a graduate of any college or medical school. 132. Ques. Can you state, of your own personal knowledge, the cause of the dissolution of the partnership between Wells and Morton ? Ans. I cannot. 133. Ques. Did you consider yourself competent to judge of Dr. Morton's qualifications as a dentist, previous to his going to Boston ? ^ Ans. I think I was. 134. Ques. What were his qualifications as a dentist ? Ans. I don't know of any. 135. Ques. Were you not a student while Dr. Morton was prac- tising in Farmington ? Ans. I was, a part of the time. 136. Ques. Have you any personal knowledge of Dr. E. E. Marcy's cutting out a tumor, from the head of a patient, in 1844 or 1845, under the influence of ether, or any anaesthetic agent ? Ans. I know nothing about it, except what Dr. Marcy told me. 1 was not present at the operation, and did not see it done. 137. Ques. When did Dr. Marcy tell you this ? Ans. About the time he claimed the operation was done ; cannot give the date ; that is my impression. 138. Ques. Ave you a graduate of medicine? Ans. No, sir. 139. Ques. Will you state whether the persons you have men- tioned, as charged on your books, as having teeth pulled under the influence of nitrous oxyd gas, had the operation performed, in every case, without pain ? Ans. They might, some of them, have had some little feeling ; some had none. I judge from their statements. 140. Ques. Do you know of any other persons who administered See Answers the gas at this time in dental or surgical operations, from January ^Qg^^^^'Jog^^' 23d, 1845, to November 2d, 1846 ? ' loi' Ans. I saw Wells administer it. I know of no other, except by hearsay. 141. Ques. Will you state to whom you saw Dr. Wells administer the gas for dental or surgical purposes, between January 23d, 1845, and November 2d, 1846 ? Ans. I do not recollect the name of any one ; it is so long since. 142. Ques. How can you say that it was between those dates? Ans. I know it by this : December 11th, 1844, 1 extracted a tooth for Dr. Wells, and in January following he went to Boston to exhibit his discovery there. On his return, he used the gas at different ^^ ^v°i7-^'^"^l*'r'! times from my apparatus, in the back office. From April 1st, 1845, bysame^'p-U^!; to September 1st, 1845, I think he intermitted his dental business. ^"^""auJ^b'; He gave me a card, and I was to do certain business which he had Cooiey, pp. t; engaged, and allow him a per centage; and 1 find I did allow him?,",. amrTy twenty.five dollars up to September 1st, 1845, at which time he le- ^]*j\J'''^«'P'^'"- 104 sumed his business ; and when he was in business, he was in the habit of g^iving this gas. 143. Ques. Did you ever see Dr. Wells administer any of the gas that he took from your back office, to any person, for dental purposes, during this time ? Ans. I cannot positively say whether I was or was not present when he so used gas from my apparatus ; my impression is I did so see him use it. 144. Ques. Are you willing to swear you saw him use it for dental purposes, during that time 1 Ans. It is my conviction I did see him so use it, during that time. 145. Ques. In what business was Dr. Wells engaged between 0^ April and September, 1845? Ans. I do not remember. 146. Ques. How long did he continue his business after he re- sumed it on the 8th of September, 1845? Ans. 1 cannot tell. 147. Ques. Do you use nitrous oxyd gas in your dental operations at this time ? Seep 92. ^"'- ^^• 148. Ques. How long since you have made general use of it for dental purposes ? (Xj= Ans. I have not used it since chloroform was introduced into prac- tice. Cross-examination. 149. Ques. by Welch, attorney for Mrs. Wells. Was you a prac- tising dentist in Hartford during the years 1844, 1845, and 1846 ? Ans. I was. 150. Ques. Where was your office ? Ans. I8O5 Main street — next door, and an adjoining room to that occupied by Dr. Horace Wells, on the same floor. 151. Ques. Wai you intimately acquainted with the late Dr. Hor- ace Wells, and were you and he often back and forth in each other's offices ? Ans. I was intimately acquainted with him, and we were in the habit of being in each other's offices frequently. 152. Ques. Did not Dr. Wells express to you his opinion that nitrous oxyd gas might be used to prevent pain under dental and sur- gical operations, prior to the time alluded to by you in your answers to the fifth and sixth interrogatories, when you, Cooley, Colton, and others, met in Dr. Wells's office ? Ans. He did. 153. Ques. When and where did he express this opinion ? Ans. On the 10th of December, 1844, after Colton's lecture at Union Hall; on the evening of that day. He came into my office after the lecture, and expressed the opinion there. 154. Ques. Was that the evening alluded to in your answer to the eighteenth interrogatory ? Ans. It is. 155. Ques. Was S. A. Cooley present at this interview? Ans. No. 156. Ques. Was there any allusion made to Cooley, during this interview ? 105 Ans. I think he alluded to Gooley and some others as having taken the gas, and/ome one having injured himself while under its influ- ence, and was not sensible of it at the time. 157. Ques. Did Dr. Wells, at this time, intimate that the idea of using nitrous oxyd gas, to prevent pain, had been communicated to him by any one else ? Ans. He did not. 158. Ques. Did you ever hear him intimate anything of the kind? Ans. I never did. 159. Ques. Did not Dr. Wells always represent his discovery as the result of his own observations and experiments, without any sug- gestions from any person whatever? Ans. He always claimed the idea as being his own, and the result of his own observations. 160. Ques. Did Dr. Wells, on the evening of the lOth of Decem- ber, 1844, suggest the experiment of having a tooth extracted while under the influence of nitrous oxyd gas ? Ans. He did. 161. Ques. Did you accordingly extract a tooth for him, the next day, at his request? Ans. I did. United State- of America, District of Connecticut. I, Erastus Smith, a commissioner duly appointed by the Circuit Court of the United States, for the District of Connecticut in the Second Circuit, under and by virtue of the Acts of Congress, entitled " An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States," passed February 20th, 1812, and the Act of Con'jress, entitled " An Act, in addition to an Act, entitled 'An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the United States,'" passed March 1st, 1817, and the Act, entitled "An Act to establish the Judicial Courts of the United States," passed Sep- tember 24th, 1789, do hereby certify, that the reason for taking the foregoing disposition is, and the fact is, the witness is material and necessary in the cause in the caption of the said deposition named. / further certify, that a notification of the time and place of taking the said deposition signed by me, was made out and served on Eliza- beth W. Wells and Charles Wells, to be present at the taking of the deposition, and to put interrogatories, if he or they might think fit. 106 I further certify, that on the 30th day of November, in the year of our Lord one thousand eight hundred and fifty-two, I was attended by counsel for Dr. Morton and Mrs. Wells and Charles Wells, until the 9th of December, 1852, and by the witness, who was of sound mind and lawful age, and the witness by me first carefully examined and cautioned, and sworn to testify the truth, the whole truth, and nothing but the truth, and the deposition was by me reduced to writing, in the presence of the witness, and from his statement, and after carefully reading the same to the witness. I have retained the said deposition in my possession for the purpose that the counsel of Mrs- Wells might fully cross-examine ; but said counsel and said Riggs neglect and refuse to be further present, and I am obliged to close the same without the witness signing the same. And I do further certify, that [ am not of counsel nor attorney for either of the parties in the said deposition and caption named, nor in any way interested in the event of the cause named in the said cap- tion. In testimony whereof I have hereunto set my hand and seal, this eighteenth day of December, in the year of our Lord P 1 one thousand eight hundred and fifty-two, and of the ■- ' 'J independence of the United States the seventy- seventh. ERA.STU>S SMITH. United States Commissioner, duly appointed by the Circuit Court of the United States for the District of Connecticut in the Second Circuit, The signers of the three following certificates, marhed A, B, and C, could not be found, and consequently could not be sum- moned before the U. S. Commissioner : I, the undersigned, resident of Hartford, Connecticut, do hereby testif}^, that, more than two years since, I submitted to the operation of having a tooth extracted while under the influence of nitrous oxyd gas. According to the best of my recollection, this was in the month of November, 1844. The gas was given, and the tooth extracted, by Horace Wells, dentist, of Hartford ; and I do further testify that the opera- tion was attended with no pain whatever. MYLO LEE. 107 State of Connecticut, , :uT, ) Hartford County, City of Hartford, March 26, 1847. Then personally appeared before me Mylo Lee, signer of the foregoing affidavit, and made solemn oath that the same was true. [l. s.] Given under my hand, and the seal of said city, A. M. COLLINS, Mayor, B. Hartford, March 26, 1847. I hereby testify that, more than two years prior to this date, on being informed that Horace Wells, dentist, of this city, had made a valuable discovery, by which means he could ex- tract teeth without pain to the patient, which consisted in the use of stimulating gas, or vapor, I inhaled the exhilerating gas, and, under its influence, had six extracted without the least pain. I would further state, that for more than eighteen months from the time I first submitted to this operation by the application of gas, I heard no other name mentioned as the discoverer, except that of the above-named Horace Wells. J. GAYLORD WELLS, 184J Main street. State of Connecticut, Hartford County, City of Hartford, March 26, 1847. Then personally appeared before me J. Gaylord Wells, of this cit}^, who signed the within deposition, and made solemn oath that the same was true. [l. s.] Given under my hand, and the seal of said city, A. M. COLLINS, Mayor. 108 A little more than two years since, I learned that Dr. H. Wells, dentist, of this city, had made the discovery that by the use of an exhilerating gas or vapor, he could render the nervous system insensible to pain under severe surgical op- erations, and that he was using it in his practice with success. Having an opportunity to witness its effect upon several per- sons, during the operation of extracting teeth, I was so de- lighted and surprised with its manifest success, that I desired a trial of it upon myself The gas was accordingly admin- istered, and two curious teeth were extracted from my lower jaw, without the least suffering on my part ; though ordinarily, owing to the firmness with w^hich my teeth are fixed in my jaw, I suffer extreme pain from their extraction. WxM. H. BURLEIGH, Editor of the " Charter Oak:' Hartford, March 25, 1847. State of Connecticut, Hartford County, City of Hartford, March 26, 1847. Then personally appeared before me William H. Burleigh, signer of the foregoing affidavit, and made solemn affirmation that the same is true. [l. s.] Given under my hand, and the seal of said city, A. M. COLLINS, Mayor. Affidavit of V. S. Commissioner, setting forth the names of Mrs. Wells's witnesses who refused to testijy. I, Erastus Smith, of Hartford, depose and say, that as Com- missioner of the United States Circuit Court for the District of Connecticut, I, on the 19th day of November, 1852, issued a subpoena to Dr. H. Allen Grant, James B. Shultas, and W. S. White, among others, to appear before me, and testify in relation to the ether discovery, in the matter of the memorial of W. T. G. Morton ; and on the 4th of December I issued a like subpoena to Thomas S. Williams and Dr. John S. Butler. But neither of said persons did or would testify in relation to said matter, though said Grant and said White came to my office while others were being examined, but left without being sworn or offering to testify in the matter. ERASTUS SMITH. 109 l)lSTRlCT AND StATE OF CONNECTICUT, SS. Hartford, December 2^, 1852. Personally appeared Erastus Smith, who hath subscribed the within deposition, and made solem oath to the truth of the same before me. ANDREW T. JUDSON, [l. s.] Judge of the United States for the District of Connecticut. Affidavit of U. S. Marshal that Mrs. Wells^s witnesses were dnly notified. I, Chester Adams, of Hartford, of lawful age, depose and say — that I am a Deputy of the Marshal of the United States for the District of Connecticut, and that on the 19th, 21st, and 22d of November, 1852, by virtue of a subpcena addressed to the Marshal by Erastus Smith, Esq., a Commissioner of the United States for the said District of Connecticut, I summoned Dr. H. Allen Grant, James B. Shultas, and William S. White, of Hartford, among others, to appear before said Smith, on the 22d of December, and testify in the matter of the ether discovery ; and tendered and paid each of them ^IjVt as fees of travel and attendance. And on the 5th day of December, 1852, by virtue of a like subpoena, I summoned Thomas S. Williams, but he refused to take the witness fee, and Dr. John S. Butler and William W. Ellsworth, in the same subpoena, I found sick, and unable to attend and testify, and did not summon them. CHESTER ADAMS. District op Connecticut, ) County of Hartford^ ) Hartford, December 28, 1852. Then personally appeared Chester Adams, and made sol- emn oath to the truth of the foregoing affidavit, by him sub- scribed before me. ERASTUS SMITH, [l. s.] Commissioner of U. S. Circuit Court for the District of Connecticut. 110 This letter and another on page 130, is introduced to show Wells did not visit Paris to claim the ether discovery. Letter from the foreign correspondent of the New York Journal of Commerce, published in Boston Transcript March 20. Paris, March 1st, 1847. The all-absorbing topic of conversation in the saloons of Paris, and the all engrossing discussions in the learned and scientific societies here, as in most of Europe, is our " Ameri- can discovery" of performing surgical operations without pain. All the nations — I might almost say, all the individuals, are trying to claim the merit of the discovery. Numberless communications are published from persons who knew all these things long ago — twenty, thirty, and forty years since — yet, to the present moment, they have not suc- ceeded in wresting the honor of this discovery (the greatest ever given to man since the days of "Jenner,") from the western world. I have seen, in your paper of the 30th December last, a letter from Dr. Marcy, which gives the whole honor to Dr. Horace Wells, dentist of Hartford. I have also seen in the 6th January, Dr. Jackson's reply, and the rejoinder of Dr. Marcy, in the 8th. In the "Boston Medical and Surgical Dr. Ells- Journal" I see a letter which gives the discovery to Dr. Wells. mmStion?™' These are things which I hope you will settle fairly on your side of the water, and let "Caesar have the things which are SeeEllsworth, Q^Sar's." Imagine to yourselves, Messrs. Editors, a man to have made this more than brilliant discovery, visting Europe without bringing with him the proofs. Very truly yours, BREWSTER. Statement No. 4, of Dr. Marcy. I have been requested, by a relative of the late Dr. Horace Wells, to repeat again the facts relating to my connexions with the discovery of the anaesthetic properties of nitrous oxyd gas and the vapor of sulphuric ether. This I do with great plea- sure, trusting that justice will finally be done to the memory of Dr. Wells, the undoubted discoverer of anaesthetic agents in surgical operations. Ill I hereby certify and declare, that during the month of Oc- tober. 1844,1 witnessed the extraction of a tooth from the person of F. C. Goodrich, Esq., of this city, by Dr. Horace Wells, after nitrous oxyd gas had been inhaled, and without the slightest consciousness of pain on the part of the gentle- man operated upon. Not only was the extraction accomplished without pain, but the inhalation of the gas was effected with- out any of those indications of excitement, or attempts at muscular exertion, which so commonly obtain when the gas is administered without a definite object, or previous mental preparation. By this experiment, two important, and to myself, entirely new facts, were demonstrated: 1st, that the body could be rendered insensible to pain, by the inhalation of a gas or va- por, capable of producing certain effects upon the organism ; and 2d, when such agents were administered to a sufficient extent, for a definite object, and with a suitable impression being previously produced upon the mind, that no unusual mental excitement, or attempts at physical effort, would follow the inhalation. Witnessing these wonderful phenomena— these new and astounding facts — the idea at once occurred to me, whether there were not other substances analogous in effect to the gas, and which might be employed with more convenience, and with equal efficacy and safety. Knowing that the inha- lation of sulphuric ether vapor gave rise to precisely the same effects as those of the gas, from numerous former trials with both these substances, I suggested to Dr. Wells the employ- ment of the vapor of rectified sulphuric ether, at the same time detailing to him its ordinary effects upon the economy, and the method of preparing the article for use. Our first impression was that it possessed all the anaesthetic properties of the nitrous oxyd — was equally safe, and could be prepared w^th less trouble ; thus affording an article which was not expensive, and could always be kept at hand. At the same >. See pnbiica- time I told Dr. Wells that I would prepare some ether, and iS, p. iS," furnish him some of it to administer, and also make a trial iJJ; ^;herf the with it myself, in a surgical case which I expected to operate ^^"^^ j^^joJ.^j^^^J- tipon in a few days. Not long after this conversation, (to that the proper- which allusion is made by Mr. Goodrich in his affidavit,) I Jlfere^kcove?- administered the vapor of rectified sulphuric ether, in my of- been'^^su^-estcd fice, to the young man above alluded to, and after he hadtovveiisr been rendered insensible to pain, cut from his head an encys- ted tumor, of about the size of an English walnut. The ope- ration w^as entirely unattended with pain, and demonstrated to Dr. Wells and myself, in the most conclusive manner, the anaesthetic properties of ether vapor. Very little was thought of this particular case, at that time, by Dr. Wells or m}^self, as neither we or Drs. Riggs, Ellsworth, &c., had entertained the slightest doubt of the efficacy of ether vapor, since the 112 first exhibition of the gas, and especiall}^ after the discussion above referred to, in Dr. Wells's office, in the presence of Mr. Goodrich. But the point which Dr. Wells now wished me to determine was, whether this vapor was as safe as the gas. He informed me that Dr. Riggs had told him that he had in- haled both of these substances, when in Washington College, and that it was his impression, from the effects of the two agents upon himself and others, as well as from the view^s inculcated by Professor Rogers, in his lectures upon these substances before the class, that the inhalation of the ether vapor was more dangerous than that of the nitrous oxyd gas. Accordingly, at the urgent request of Dr. Wells, I read what could readily be procured in relation to both articles, and (O" formed the opinion that the constituents of the gas were more nearly allied to the atmosphoric air, than were those of ether vapor — that the former was more agreeable and easy to in- hale than the latter, and upon the whole, was more safe and equally efficacious as an anaesthetic agent. Numerous expe- 0:j"riments made with the gas, by Drs. Ellsworth, Beresford, Riggs, Terry, Wells, and myself, since that period, both in Seep. 114. large and small operations, fully confirm the opinion I then expressed ; and we can only say to those who have so arbi- trarily, and, we may add, impertinently, slighted and under- rated the properties of this gas, that they have never made trial of this substance, and therefore are incompetent to ex- press an opinion upon the respective merits of these substan- ces. If, then, it be asked why Dr. Wells, Riggs, and myself, did not persist in the use of ether vapor, I reply, for the same 0:j" reasons that are now entertained by those who have used the gas in this city, viz : the superior safety, ease of administra- tion, and equal efficacy of the latter. I also further declare, that I was aware of the fact of Dr. Wells's visit to Boston, in 1844, for the purpose of communi- cating his discovery to the faculty of that cit}^ I also had an interview with Dr. Wells, soon after his return from Bos- ton, when he informed me that he had made known to Dr. C. T. Jackson, and Mr. Morton, the anaesthetic properties of the nitrous oxyd gas, the ether vapor, and other analagous sub- stances. He also informed me that he had made an imperfect trial with the gas, before Dr. Warren's class, but that the ex- periment was not satisfactory, on account of the patient's getting an insufficient quantity of the gas. He further in- formed me that his discovery, and his whole idea respecting anaesthetic agents, was ridiculed by Dr. Jackson, and other medical men of Boston, but that his former pupil, Morton, ^Seesame«%-g^rj^l lowed this ridiculous idea greedily, and kept it down un- ness, p. 114, , , , , . -itet - • • i r- r> that Morton til 1846, whcu hc cjectcd it at Wasnmgton, in the lorm oi a tow i\°''^ *^^^'' patented compound— mark the word — compound, called Le- theon. E. E. MARCY. 118 State of Connecticut , ss. :l Hartford county. Hartford, December 1st., 1849. • Personally appeared Dr. E. E. Marcy, of this town, and made solemn oath to the truth of the foregoing affidavit by him subscribed. Before me, BENNING MANN, Justice of Peace. Statement J No 1, of Dr. Marcy, For the Journal of Commerce, December 30, 1846. SULPHURIC ETHER, &c., IN SURGICAL OPERATIONS. Messrs. Editors : A number of articles recently made their appearance in the Medical and other journals of Boston, in relation to a discovery purporting to have been made by Dr. Jackson, or a Mr. Morton of that city. We learn also that a "patenf^ has been procured upon the pretended discovery, and that it is now being hawked about as a nostrum. We refer to the use of the sulphuric ether in obviating the pain of sur- gical operations. Justice to the real discoverers of this 'agent, demands that a statement of the facts in the case should be laid before the public, in order that a correct opinion may be formed, and the credit given where it belongs. In the month of October, 1844, a dentist of Hartford, Con- necticut, Horace Wells, Esq., first made use of inhalations of the nitrous oxyd gas, in extracting teeth. The results of his experiments, were, that teeth could be extracted without the slightest consciousness of pain to the individual operated upon. During the same month, the writer of the present article, while witnessing the experiments of the gas, suggested to Mr. Wells the use of sulphuric ether as a substitute for the 8 114 nitrous oxyd gas. Being familiar with the effects of both of these agents, and knowing that other operations upon the system were analogous, I first urged upon him the use of the sulphuric ether, as being equally efficacious, and less trouble- O^some to prepare. Upon reflection and more full discussion of See actual ex- t}^g matter, I adviscd Mr. Wells to abandon the use of the periment after- i/-»i« mi ii tit wards preteud- ethcr and confine himself to the exhilarating gas. Bly reasons * ''^' * for this advice were: 1st, The effects of the latter continue for a greater length of time upon the system, and thus enable the operator to complete his operation with more facility^ and 2d, There seemed to me to be less danger of injurious consequences upon the brain and lungs, than with the sul- phuric ether. Some two months after the above circumstance transpired, Mr. Wells visited Boston and had interviews with a Mr. Morton (dentist) and Dr. Charles T. Jackson ; to both of v/hom he communicated the discoveries and facts above named, m^^lailior'-^^ ^^^ informed by Mr. Wells that both of these gentlemen ton' swallowed Qxpressed the greatest surprise and incredulity at his state- ucrree i y. j^^jjf. — y)y. Jacksou alleging that he could not conceive how Compare this an "exhilarating substance could produce such an effect." which he had Mr. Wells further informed Dr. Jackson that he was sure,, witnessed. ffom facts wliich he had witnessed, ^'that any a^ent which should stimulate the nervous system up to a given point, would render the body incapable of feeling pain from an ordinary surgical operation. I also take the liberty of observing that about two years since, I made a communication to Prof. Revere, of this city, upon this subject, requesting him to make it known to Prof. Pattison, in order that he might test the thing. Whether any use was ever made of it, by either of these gentlemen, I am unable to sa5\ That the subject was broached to them, however, previous to any knowledge acquired on experiments made by Dr. Jackson or Mr. Morton, of Boston, we entertain no doubt. See this wit- My own opinion in regard to the use of the nitrous oxyd gas, con'sidel^tiiis^n ^^^ sulphurw ether, or any other stimulant, which acts upon the connection withc^/^jTeTTi in such tt manner as to render the body insensible to ex- the value or -^ . . • • 7 • 7 77 /• 17 Wells's discov temal impressions, is, that it is decidedly unsaje, and that in no "^* given case can we be certain that it will not cause congestion of of the hrain or lungs. I have known the use of both the first named articles to give rise to temporary congestion of the brain „, . , and insanity. Tkis reduces * 1 "r> . , • , ., . c • itself to mes- Auothcr fact m relation to the exhilarating gas, &c., is riimS^'condV worthy of notice. Under orrlinary circumstances, the person expennJenihad ^"^^o luhales thc gas has uo coutrol over himself; — but if, been made^^ by prevlous to his taking thc gas, hc fixes his mind strongly upon in his' knowi-some glvcu purpose, and exercises his will steadily, in order effbii?h'^'°!he to effect and carry out this purpose, he will, in nearly every purely physical j^jg^-^jj^g l3g ^ble to contfol hlmsclf and remain quiet. Thus agency in qaes- » ^ tioa. 115 it is, that a man will inhale the gas, and sit statue-like during r-Q the performance of an operation. This fact may seem strange, but we hare tested it in many instances, and know that it can, as a general thing, be relied upon. In regard to any opiates or other articles which may have been added to this sulphuric ether, they are, in my opinion, entirely useless and superfluous. It is the ether, and that alone, which produces the effect. In conclusion we would say, that for the performance of r^ operations, the nitrous oxyd gas will be found more valuable than any other agent. E. E. MARCY, M. D., 356 Broadway, New York This letter of Dr. Jackson^'s is simply introduced to show the connection between the one preceding and following it. From the New York Journal of Commerce, January 6, 1847i. Boston, January 4, 1847. To THE Editors of the Journal ot' Commerce— Cren^/e?7ien .* A friend has just sent me a slip from your paper of the 30th ult., which requires my notice. It is a letter from E. E. Marcy, M. D., of New York, concerning the discovery of the appli- cation of inhalation of vapor of sulphuric ether, for preven- tion of pain during surgical operations. I regret that Dr. Marcy i^hould have been led into error, as he evidently has been. I do not know him, nor does he know me, or he would never have made the charges against me that appeared in his communication. I trust that he will make the proper corrections when he learns the facts in the case. He has stated that Mr. Horace Wells, of Hartford, commu- nicated to me a discovery which I claim to have made, viz : that inhalation of vapor of sulphuric ether will produce in- sensibility to pain, in surgical operations. He intermingles in his discussion of the subject, the application of " nitrous oxyd" or " exhilarating gas," which I have nothing to do with, and which has a directly opposite effect to the vapor of highly rectified sulphuric ether, and seems to regard the discovery alleged to have been made by Mr. Wells, that exhilarating gas would produce insensibility to pain, as identical with that claimed by me. I wish distinctly to state that Mr. Wells 116 never commnnicated to me a word about the use of etbef vapor, nor did I know that he ever pretended to have made any discovery with regard to it. I understood that he proposed and made some experiments as to extraction of teeth from patients during their excite- ment by "nitrous oxyd or exhilarating gas/' but I never saw any of his experiments, and merely heard that they had proved unsuccessful, as I suppose they must have been, since I have never known of any attempt to repeat them. I hope Dr. Marcy will allow me also to disclaim the words he attributes to me, and has marked by quotation points ; for I never made use of those expressions, nor did Mr. Wells state in my presence the words attributed to him. I would also beg leave to call his attention to the fact that the effect of highly rectified ether vapor, when inhaled in the' manner employed in this city, does not act as an excitant, but as a sedative of a most decided character, diminishing the pulsation of the arteries, and producing a deep sleep or stupor ; effects directly opposite to those resulting from inhalation of exhilarating gas. The use of common sulphuric ether (which contains alcohol,) may have led Dr. Marcy to mistake the character of the pre-- tended discovery. Respectfully, your obedient servant, CHARLES T. JACKSON, M. D. Statement No, 2, of Dr. Marcy^s. For the Journal of Commerce^ Jan, 8, 1847. Messrs. Editors : My attention has been called to a com-^ munication in your journal of the 6th instant, from Charles T. Jackson, M. D., of Boston, in reply to a previous article of mine concerning the use of ether vapor, for the prevention of pain during surgical operations. In this communication Dr. J. denies that he has ever received any information from Mr. Wells, in regard to the use of this vapor, and also disclaims another statement which was attributed to him. Now we shall simply add, in regard to this matter, that we received the statements alluded to from Mr. Wells himself, about two weeks since, and we believed them, for the following reasons ; See above, etna? ex- 11? 1st, The use of the vapor of rectified sulphuric ether was Bntnocaieap- suggested to Mr. Wells more than two j^ears ago. From o7 ether pWoMo experiments and facts which came under his observation M^^^l^i^^-'^^'^^^ this time, he became fully aware of its properties in prevent- ing pain during surgical operations, and the comparative merits of this article and the nitrous oxyd gas were often discussed. It was through my advice that he continued the use of the gas instead of the ether vapors. Soon after these discoveries, Mr. Wells visited Boston for the avowed purpose of making them known in that city, and upon his return he asserted that he had communicated with Dr. Jackson and Mr. Morton upon the subject, and received no encouragement. If the ether was not alluded to in any of these interviews, we think it truly singular, knowing as we do, that Mr. W. was at this time aware of its properties. Be this, however, as it may, one fact is incontrovertible, viz : ^J^^ that inhalation of the vapor of the rectified sulphuric ether penmems aftejjr for preventing the pain of surgical operations, was suggested S' ^ '"^'^"' to Mr, Wells, by the writer of this article, more than two years since. If Dr. Jackson suggested the use of it previous to that time, he is the discoverer ; if he did not, then he has no claim to the discovery. In regard to the experiments performed by Mr. Wells, with the gas, both previous and subsequent to his visit to Boston, we assure Dr. J. that they were numerous and entirely satis- see wdiss lactor},. 119 ^^^ ^„^. Dr. J. asserts that there is no analogy between the effects '^J"- Pt^ -'^ '- of exhilarating gas and the vapor — that the former is a stimu- lant^ while the latter is a sedative- — that the vapor diminishes the pulsation of the arteries, and produces stupor, while the gas has an opposite effect. Upon this point, we beg leave to differ with the doctor, and in support of our views, we quote from an article in the Boston Medical and Surgical Journal of December 9th, by John C. Warren, M. D. "October 18th, an operation was done by Dr. Hay ward on a tumor of the arm in a female patient at the hospital. The respiration of the gas was continued during the whole of the operation. There was no exhibition of pain, excepting some occasional groans during its last stage, which she subse- quently stated to have arisen from a disagreeable dream. Noticing the pulse, in this patient, before and after the opera- tion, I found it to have risen from 80 to 120." Dr. Warren further observes, on page 378, " that the action of the heart is remarkably accelerated, in some cases, but not in all.'''' The first effect of the vapor is undoubtedly stimulating; but if the inhalations are continued for several minutes, the patient is reduced to a state very similar to a man who is thoroughly intoxicated. The first effect of the nitrous oxyd gas is also stimulating; but continue the inhalations for a sufficient length of time, and the same stupor occurs which results from 118 the use of the ether. Both of these substances act directly, and in a similar manner upon the cerebral system, and the consequent insensibility is proportionate to the degree of cere- see Riggs. bral affection. ShelT'u De'iJ! ^^^ conclusion, we again repeat, — 1st, The discovery of the inhalation of a gas which would prevent pain during surgical operations, was first made hy Mr. Wells, of Hartford, Con- necticut, in October, 1844. See pre^^oas 2nd, That thc usc of the vapor of sulphuric ether was sug- tetwlX'^^S g^sted to him a short time afterwards, and that its properties, tended, p. 111. as Vv^ell as those of the gas, were at that time fully discussed and appreciated. 3d, Simple justice should induce the public to give the credit of these discoveries to the men who first made known he^daTrasto^be^i'id dcmoustratcd to the world that the inhalation of a gase- To.Ht discomerar. Q^g substauce would rcuder the body insensible to the pain of surgical operations ; for in all probabilit}^ had Mr. Wells not made his discovery, neither myself nor any other person would ever have thought of using other vapor for the same purpose. Respectfully yours, E. E. MARCY, M. D. New York, January 7thj 1847, Dr, WelWs seccmd publication . This appears in Galignani's Messenger, which was repub- lished in the Boston Atlas, April 2. Taris, February 17, 1847. Sir : As you have recently published an extract from the Avorfh^^ c?m- Boston Mcdlcal and Surgical Journal, which reconizes me as ingn.catiou. the dlscovcrer of the happy effects produced by the inhalation of exhilarating gas or vapor for the performance of surgical operations, I will now offer some suggestions in reference to this subject. Reasoning from analogy, I was led to believe that surgical operations might be performed without pain, by the fact that an individual, when much excited from ordinary causes, may receive severe wounds without manifesting the least pain ; as, for instance, the man who is engaged in com- bat may have a limb severed from his body, after which he testifies that it was attended with no pain at the time ; and 119 so the man who is intoxicated with spirituous liquor may be see his state- treated severely without his manifesting pain, and his frame Siling beVoJe seems in this state to be more tenacious of life than under ^jJ^VmoS ordinary circumstances. By these facts I was led to inquire ^^^fo^V^'u'' J nn 1 I'll* r> (since when he if the same result would not follow by the inhalation oi some had crossed ti.e exhilarating gas, the effects of which would pass off imme-S" *enga?ed diately, leaving the system none the worse for its use. I p1ctu?eo wK accordins'ly procured some nitrous oxyd gas, resolving to t^'e whole num- - ,•^0'^ . AC- ^ -y ' ^ 1 ber claimed was make the first experiment on myself, by having a tooth ex- but 12 or 15, & tracted, which was done without any painful sensations. 1 ^ tlT^uJ^^'if then performed the same operation for twelve or fifteen others, ®'^^®'^- with the like results; this was in November, 1844. Being a resident of Hartford, Connecticut, (U. S.,) I proceeded to Boston the following month, (December,) in order to present my discovery to the medical faculty — first making it known to Drs. Warren, Hayward, Jackson and Morton, the two last of whom subsequently published the same, without mention of our conference. Since this discovery was first made I have administered nitrous oxyd gas and the vapor of ether to about fifty patients, my operations having been limited to this small number in consequence of a protracted illness which imme- diately ensued on my return home from Boston, in January, 1845. Much depends on the state of mind of the patient during the inhalation of gas or vapor. If the individual takes it with a determination to submit to a surgical operation, he has no disposition to exert the muscular system; whereas, ^j^'j^f^'j^*'^*" under other circumstances, it seems impossible to restrain 103, auesriba! him from over exertion ; he becomes perfectly uncontrollable. It is well to instruct all patients of this fact before the inha- lation takes place. The temperament and physical condition of the patient should be well marked before administering the vapor of ether ; persons whose lungs are much affected should not be permitted to inhale this vapor, as serious injuries have resulted from it in such cases. Nitrous oxyd gas, or protoxyd of nitrogen, is much less liable to do injur}^ and is more agree- able to inhale, producing at the same time equal insensibility to all painful sensations. It may be taken without the least inconvenience by those who become choked, almost to stran- gulation, with ether ; in fact, I have never seen or heard of a single instance where this gas has proved in the least detri- mental. This discovery does not consist in the use of any one specified gas or vapor ; for anything which causes a cer- tain degree of nervous excitement is all that is requisite to produce insensibility to pain; consequently, the only ques- Ti>i. proves :• ,1 I 1 • 1 • I I •! . . t 1.. , that he had not tion to be settled is, which exhilarating agent is least likely used ether, be- to injure the system. The less atmospheric air admitted intOha"4^ produced the lungs with, any gas or vapor, the better— the more satis-'J^'f \J,^ %'2.; factory will be the result of the operation. Those who have ^^''•^"^^^'^ suffix- been accustomed to use much intoxicating beverage cannot form n lurS be easily affected in this manner. With cases of dislocated oEZS air. ^ 120 joints, the exhilarating gas operates like a charm ; all the muscles become relaxed, and but a very little effort will serve to replace the limb in its socket, and v/hile the operation is being performed the muscles do not contract as when in the natural state, but are as easily managed as those of a corpse. Allow me to add that I have had no opportunity of reading any of the French professional reports or discussions on this subject. I shall remain in Paris until the 27th inst., and in the interval I should be pleased to impart such information as I may have acquired by a close observation of the various phenomena connected with this interesting subject. HORACE WELLS. This letter is introduced to show that Wells admitted the correspondence on pages 8 and 9. To the Editor of the Boston Post. Hartford, April 19, 1847. I have just seen a long article in your paper of the 7th inst., signed E. W., which I will answer in one word. The letter which is there introduced with my signature was writ- ten in answer to one which I received from Dr. Morton, who represented to me that he had discovered a "compound," the effects of which, as described by him, entirely eclipsed those produced by nitrous oxyd gas, or sulphurate ether, he stating that his compound would invariably produce a sound sleep, the length of which was wholly optional with the operator; that he had not made a single failure, in one hundred and sixty cases, &c., &c. He also stated that he had obtained a patent for this compound. I accordingly started for Boston to learn more of this improvement on my discovery, with which I had made him acquainted long before. While at his office I saw the (so called) compound admin- istered to a patient; it apparently had the same effect as the gas, which I had many times administered for the same pur- pose. Before I left for home, the gas was given to several other patients, with but partial success — at least, so said the patients with whom I conversed. I then inquired about his patent, and foiind, to my surprise, that he had not obtained one, nor even made an application for one ; this being done at a subsequent period, as the date of his specifications and patent clearly show. Respecting the interview which E. W. had with the Hon. James Dixon at Washington, I am informed by Mr. Dixon that the statement of E. W. in the article referred to, is a gross misrepresentation of the truth, and if necessary, he will sign a certificate to that effect. Respectfully, HORACE WELLS. 121 Deposition of Horace Cornwall, Esq., touching the taJdng of certain testimony by Dr. Ellsworth, agent of Mrs. Wells, and the refusal to permit Dr. Morton's attorney to he present^ or to Know the names of witnesses, <^c. I, Horace Cornwall, of Hartford, of lawful age, depose and say : That I am attorne}^ and counsellor at law, and that on the 15th day of November, 1852, in behalf of Dr. Wm. T. G. Morton, of Boston, caused a notice to be served upon Mrs. Elizabeth W. Wells, of Hartford, widow of the late Dr. Horace Wells, by Gen. A. M. Waterman, sheriff of Hartford county, with reference to taking testimony in the matter of the ether discovery. As I was desirous of giving Mrs. Wells an oppor- tunity to be ready and present at the taking of testimony, I sought General Waterman, on his return from serving the notice, to see what reply she made. General Waterman in- formed me that Mrs. Wells said she was all ready, except that her counsel, Truman Smith, was not here. From other sources I learned that Mr. Smith was at Letchfield, thirty miles dis- tant from Hartford ; and accordingl}^, on the 19th of Novem- ber, 1852, I caused a notice to be issued by Erastus Smith, Esq., a commissioner of the United States for the district of Connecticut, which I^ hereto annex, and it is marked (A.) In pursuance of said notice, on the 22d of November, the Hon. Truman Smith having arrived in town, I began the taking of depositions before the commissioner, and counsel for Mrs. Wells were present, and informed many of the witnesses that they were not bound to appear before the commissioner or testify. Many of them, however, did testify, although not all. I recollect at the time this statement was made, on the morning of November 22d, by the counsel of Mrs. Wells, Dr. H. Allen Grant had just come into the room, and that he re- marked, in reply, that he should leave, if that was the case. He did leave, and, although he was summoned, and received the witness fee, and was sent for several times, he would not appear or testify. I was much delayed and hindered in taking testimony, waiting to accommodate the witnesses and the counsel for Mrs. Wells. Between the 22d of November and the 10th of December I was repeatedly informed by Dr. Ellsworth that they would give me the same opportunity to be present and examine their witnesses that I had given them. On the 10th of December instant, about 12 o'clock, noon, I received a notice, which is hereto annexed, marked (B,) which is the only notice in any form I ever received from Mrs. Wells or her counsel, with regard to taking testimony. 122 On the afternoon of December lOth I was present at the office of H. K. W. Welch, at 2j o'clock, and remained till about 4 o'clock, and no witness had yet appeared. I was then informed b}- Dr. Ellsworth that it was doubtful (it was so late) whether any witness came. I then went to my office, and returned in about fifteen minutes to the office of Welch ; and, on entering, I found H. L. Rider, Esq., (the person men- tioned in the notice before whom depositions were to be taken, and who had not previously, while I was in, been pres- ent,) taking the testim.ony of Walter S. Williams; and H. K. W. Welch and Dr. Ellsworth were examining him. After they had closed, I cross-examined him. Williams's deposition was finished about 6 o'clock in the evening. Being undc^r a previous engagement to attend the trial of a cause out of town the next day, (Saturday,} I suggested it to the counsel for IMrs. Wells, and was informed by Mr. Welch that he was desirous of going to Boston soon ; and thereupon we agreed that he should go next daj-, (Saturdaj^, the 11th December,) and that no depositions should be taken on either side on Sat- urday, the 11th, nor on Monday, the 13th December, until the return of both myself and ]Mr. Welch. I returned on Satur- day evening, but took no depositions until after the return of Mr. Welch. On Monday morning I went to the office of H. K. W. Welch to see whether he had returned, and found he had not. After the arrival of the train from Boston, about noon, I went again, and found he had not yet returned. About S o'clock, p. m., thinking Welch might have stopped at Spring- field, and come from there on a way train, I again went to his office to see if he had returned ; and if so, to notify him to cross-examine Dr. Riggs, whose deposition was unfinished before Commissioner Smith that evening. I learned from his brother, at his office, that he had not arrived. At this time, on entering Welch's office, I found H. L. Rider, Dr. Ellsworth, E. W. Parsons, and a young man I subsequently learned was Franklin V. Slocum. H. L. Rider and Dr. Ellsworth were engaged in taking the deposition of E. W. Parsons. I asked them why they were taking testimony in violation of the agreement that had been made. Dr. Ellsworth said he was O:j'not a lawyer, and did not consider he was bound by any such agreement. While Dr. Ellsworth was replying to me, Rider and the witness left the room. Dr. Ellsworth and myself continued some conversation about the unfair course he was taking, and in about ten minutes I left the room, and went directly to the office of H. L. Rider, which is in the same building and on the same floor with that of Welch, and Dr. Ellsworth immediately followed me into Rider's office. When I got in there, I found Rider and F. V. Slocum, who had just G3" signed and made oath to a deposition which, I understand, had been partly taken on Saturday before. I asked of Rider, the magistrate, the privilege, as the witness was yet present, of cross-examining him and securing his deposition. Rider 12a said he would not object, if Dr. Ellsworth did not. Dr. Ells- j;^ worth said he did object, and I was not permitted to see his deposition or examine him. I then asked the magistrate if he had been taking depositions on Saturday. He replied that he had. I asked at whose suggestion, and he said at Dr. Ellsworth's. I then again spoke of the agreement, and the unfair course they were taking. Rider said he knew nothing -.^ of the agreement, and should certify that I was notified, and not present. I told him that would be wrong. I subsequently learned that Rider and Ellsworth were taking -C^ depositions all day on Saturday. I remained at Rider's office for a half hour or more. Tasked the magistrate (Rider) to see the depositions they had taken. Dr. Ellsworth said to Rider "do not show them ;" and, turning -p) to me, said "you cannot see them." I then asked the names of the persons they had examined. Dr. Ellsworth said they j-q should not give them to me. I then told Dr. Ellsworth that I had only made these requests on the ground of his promise to me, and that they were pursuing a very unfair course ; and that if the testimony they were getting was the truth, I did r-Q not see how he could object to my crass-examining the wit- nesses. I then asked both Rider and Ellsworth if they were going to take any other depositions on that day,, (Monday.) Dr. Ellsworth said they probably should. I said to him that then I wish to be present, and cross-examine them, that no errone- ous impression may be made by their testimony ; that all I sought was the exact truth in the matter, which, if arrived at, I had no reason to fear for the just rights of Dr. Morton ; and that, as I was there, would wait till their witnesses came in. -C^ Dr. Ellsworth replied that I could not be permitted to exam- ^^ ine their witnesses, and said he would not examine any more there that day, and immediately left the office. While he was going out I requested him not to stop the witnesses, but let them come and be examined there — fairly. Dr. Ellsworth made an indistinct reply, which I cannot state, and passed on ; and in a few minutes no witness came in, and I left. On the next day, (Tuesday,) in the morning, I went to the office of Welch to see if they were taking depositions there, and found they were not. Soon after entering the room Dr. Ellsworth appeared at the door, and, seeing me, withdrew. I passed immediately to the door to speak to him, and as I opened the door 1 heard the door of Rider's office, which is in the same hall, as I supposed, close to. I passed immediately to the door, (seeing Dr. Ellsworth nowhere, and knowing he could not get down the stairs,) and rapped. The key was on the inside, and the door was locked, and they did not let me in. I went to my office, and returned in about fifteen or twenty minutes, and found Rider's office not locked, and went in. Found no person there but Rider, the magistrate, and the key 124 on the inside of the door. I asked him if Dr. Ellsworth had been there. He said yes. I asked him if they had been taking testimony there that morning. He said they had. I ^ asked him why they locked me out. He said because Dr. Ellsworth directed it. I then asked him again to inform me what depositions they had taken, and to let me see them. He said Dr. Ellsworth had requested him not to tell me or show me the depositions. Accordingly Rider refused to show them or tell me who the witnesses were. I asked if he was going to take any more testimony that day, (Tuesday.) He said he supposed so. I told him I should be in my office all day, and wished him to Q^let me know when he took any depositions. He said Dr. Ellsworth would not agree to that, if he would, he would send me word. The entrance to my office is about twenty or thirty feet from the office of Rider & Welch. I received no notice from him, and was not permitted to be present after. Finding that they were determined that I should not be present or cross-examine any of their witnesses, I undertook to ascertain who they w^ere examining, and informed Dr. Ellsworth that I should ascertain who they were, if I could, and see what they knew in relation to the matter. Dr. Ells- worth said I might, if I could, find who they were, but he QCj" thought I would have some trouble. This, I think, was on Wednesday, the 15th December. After this the witnesses were taken privately and examined in different places in the city, as I understand and have since learned ; and Rider and Ellsworth and Welch v/ent to the residence of some of the witnesses, and took their testimony, and, as I have reason to believe, so that I should not learn who they were. They have utterly refused me the right to be present and examine any of their witnesses, except the first, on the J 0th of December, W. S. Williams. There were several witnesses that I desired to take their testimony, particularly N. M. Waterman, E. E. Crofot, Den- tist, and S. R. Slocum, who they refused me the right to cross- examine ; but who I did not summon, because, calling on them to see when I should summon to suit their business conveni- ence, they informed me that it was of no use to summon them, Oij^'as they understood I could not compel their attendance, and (Tj- that they should not appear, if I summoned them, or testify ; and therefore I did not summon them. And further deponent saith not. HORACE CORNWALL. 125 District of Connecticut, , County of Hartford, ^ Hartford, December 27, 1852. There personally appeared Horace Cornwall and made solemn oath to the truth of the foregoing affidavit, by him subscribed, before me. ERASTUS SMITH, Commissioner United States Circuit Court for District of Connecticut, m To H. Cornwall, Esq., Counsel for W. T, G. Morton: Please take notice that depositions of David Clark and others, concerning discovery of anaesthetic agents, will be taken at the office of H. K. W. Welch, before H. L. Rider, Esq., or other competent authority, on this 10th day of De- cember, A. D. 1852, at 2 o'clock, p. m. H. K. W. WELCH, Counsel for Mrs. Dr. Wells, To any indifferent The above is a true copy of original notice. Attests A. H. WELCH, An indifferent person. (A.) tlNiTED Staines of Aiv^eiIica, } District of Connecticut. ) Hartford, November 19, 1852. To Elizabeth Wells and Charles Wells : Please to take notice that the depositions of William H. Ellsworth, Isaac Toucey, Thomas H. Seymour, Joseph Trum- H^a- !»"« bull, Thomas S. Williams, Ebene:^er Flower, L. B. Beresford, Jf "-Weiu'i Benjamin Rogers^ George Sumner, John S. Butler, Archibald p*""^'"''*' 126 Welch, George Brinle}^ James Dixon, Pinckney W. Ellsworth, John M. Riggs, F. C. Goodrich, George B. Hawley, C. A. Taft, H. Allen Grant, Gordon W. Russell, E. K. Hunt, David Crary, John Schru, David E. Robinson, Barzille Hudson, John W. Bull, James B. Sherrus, P. F. Bobbins, James Bolter, Perry Smith, Charles Benton, Samuel Rockwell, Miles F. Tuttle, Thoms Steel, Isaac A. Brayane, Noah Wheaton, Newton Case, Benoni A. Shepard, Howell R. Hills, Charles D. Wyman, E. B. Kellogg, Philo S. Newton, William S. White, Peter D. Stillman, Thomas Roberts, and others, will be taken before me on the 22d day of November, 1852, at my office, in the city of Hartford, within the said District of Connecticut, at 10 o'clock in the forenoon of that day, and by adjournment after, if necessary, to such times as shall be thought proper, to be read in the hearing and trial on the memorial of Wm. T. G. Morton, and remonstrance against and memorial of Elizabeth W. and Charles Wells, pending before the Congress of the United States. At which time and place aforesaid you are hereby notified to be present and put interrogations, if you shall think fit. ERASTUS SMITH, Commissioner of United States Circuit Court for the District of Connecticut, State of Connecticut, ^ Town and County of Hartford. ) November SO, 1852. Then and there I made service of this notice by leaving a true and attested copy of the same in the hands of the within named Elizabeth W. Wells, and a like true and attested copy at the usual place of abode of the said Charles Wells. CHESTER ADAMS, U. S: Deputy Marshall Fees, $1. 127 Publication by C. Q. Colton, the person who gave the exhibition of ^^ laughing gas^^^ at which WeWs conceived his idea. THE CHLOROFORM DISCOVERY. The Hartford Times publishes the following letter, which will be read with interest, as it relates to a topic of much discussion in some quarters : New York, March 27th. I notice a statement going the rounds of the press, copied from your paper, intended to show that Dr. Wells, and not Dr. Morton, was the rightful discoverer of the Chloroform. As I happen to know something about this matter, it is but justice to the memory of a worthy m.an (for 1 esteem him such, notwithstanding his unfortunate end,) and to his widow^ that I should make it public. I believe I can prove to the satisfaction of any candid rrian, that Dr. Wells was the first discoverer, and the first to use an agent for relieving pain in surgical operations. By reference to the files of your paper, you will find that sometime in the summer or fall of 1844, I was in your city, giving lectures upon chemistry, &c. — that among other experiments, I made and administered the nitrous oxyd gas. On several of these occasions. Dr. Wells, with others, inhaled it. One day Dr. Wells came into my room, .^^ , -, ' *' -' ' of Loolev, and and asked me if I did not think that the effect of inhaling the nofe the'sop- . piession of the facts leading to gas would be such upon the nerves as to relieve the sense of f'^'"°" °^ ^^^ Well mert. pain in surgical operations. I replied that I could not tell — I had given it no thought. He expressed the belief that it would ; and said ha would like to try it upon himself the next time I made the gas. Accordingly the next day 1 carried a bag of the gas to the doctor's office. A neighboring den- tist (Dr. Riggs) was present. Dr. Wells sat down in his large chair, and breathed the gas till consciousness was nearly gone t, when he threw back his head and opened his mouth, and the dentist who was present extracted a large double tooth. This was effected without the slightest sign of pain ; and Dr. Weils said he experienced none — " not more than the prick of a pin" were his words — when the operation was over. Dr. Wells expressed the greatest de- light at the discovery. At his request, I taught him how to why, if it make the gas. Soon after this I left Hartford, and supposed le^af"''* "'' I should hear no more of Dr. Wells's discovery; but in the course of a few weeks, I saw a paragraph in the papers, that eve. 'saw Ldl'a Dr. Wells was in Boston, administering the nitrous oxyd, and Ihr^'fi' ""'[l extracting teeth under its influence witlwut pain ! I was at ).'TV' ";^^ '"^ __ •jjr'^i ' ' n \ T ' faded in the 011- once reminaed ot the origin of the discovery. ly experiment lie made there. The effect of the nitrous oxyd upon the nerves is precisely the same as that of ether, letheon, or chloroform — except that the latter is a little more lasting in its operation, and can be administered with less difficulty. One acts upon the nerves directly, while the other acts on the blood, and through the blood upon the nerves. Both are chemical agents which suspend the action of the nerves during their operation. At the time Dr. Wells tried the experiment in Hartford, and at Who else ever the timc I saw thc above-mentioned paragraph going the JoundsT"^^''^ rounds of the papers, not a word had been said about letheon or Dr. Morton. It can be shown, I presume, by the Boston journals at what period Dr. Morton made his first experi- ments; and your journal and the Courant will show at what time I was in Hartford, and when Dr. Wells made the dis- covery. I do not doubt that Dr. Wells, being of so frank and open nature, communicated his idea to Dr. Morton and Dr. Jackson, and one of them probably suggested an improve- ment upon the nitrious oxyd — another agent which would produce the same effect, and be a little more lasting in its operation. Under this state of facts, it appears to me that the credit of this discovery belongs exclusively to Dr. Wells. The idea originated with him, and the first successful experiments were tried by him. Tine day and date of all the facts I have stated can be fairly established. Should you think advisable to make this communication public, you are at liberty to do so. Respectfully yours, G. Q. COLTON. The following is introduced to show, by the statement of Dr. Ellsworth, on next page, that after Wells's failure at Bos- ton, " no one seemed willing to lend him a helping hand, he ceased making any further personal efforts." The discoverer of the effects of sulphuric ether. [Communicated for the Boston Medical and Surgical Journal.] We find, by an advertisement in one of the papers, that Drs. C. T. Jackson and W. T. G. Morton have made an im- portant invention which has been patented, in justice to a fellow-townsman, I will give its true history. The first an- nouncement publicly made was by myself, more than a year since, in an article written for the purpose of establishing the doctrine that in disease the vital power is diminished, and suggested that in all probability pain was but a peculiar de- pressed state of the sensor nerves, and in proof stated that stimulants acting upon this system, and having a certain re- lation to it, would relieve or prevent suffering ; and that the dentists of Hartford were in the habit of administering nitrous oxyd gcis, which enabled them to extract teeth without the 129 consciousness of the patient. The original discoverer of this was Horace Wells, dentist in this city, and he tried the first experiment upon himself. After the idea suggested itself to him, he debated for some time which to use, the gas or ether, but preferred the former as he thought it less liable to injure the system. Being now satisfied of its powers, he went to Boston for the sole purpose of introducing it to the faculty. He presented it to Dr. Warren, who laid it before his class, but the experiment first attempted partially failing, and no Proof of fan- one seeming willing to lend him an helping hand, he ceased donm"nt ^^"j making any further personal efibrts. He especially J^ade J^^JJ? ^{'y ^^j^ known his discovery to Drs. Jackson and Morton, neither of ness. whom had any idea of it until this moment, and must allow Dr. Wells the whole merit of the thing up to this point. We see by the Journal that Drs. J. and M. call their invention a peculiar compound. I was fully satisfied that sulphuric ether was the article, as it was known to be among the ingredients, and being there, nothing else was was wanting to produce the desired efiect. The claim, as published, sets the matter at rest ; ether, and ether alone, is used, and the world will easily judge how much right Drs. Jackson and Morton have to patent it. Had they been the first to discover the fact that any gas would produce exemption from pain, and had made it known, they would have deserved commendation. They have not done this, nor justice to the true discoverer. Is there any merit in using ether in place of nitrous oxyd gas ? Certainly not, for the properties of the two things are so alike in this respect, that one is constantly used for the other, and for months I supposed our dentists were using both ; and the idea of allowing any man a patent for the use of the one after the efiects of the other were known, is preposterous. Dr. Wells's experiments were numerous and satisfactory. One * fact discovered, is extremely interesting. It is that, however wild and ungovernable a person may be when taking the gas, simply for experiment, he becomes perfectly tranquil when it is inhaled before an operation : that the mind being prepared, seems to keep control over the body, indisposing to any efibrt. Unfortunately it is too true, that mystery, as of a nostrum, is frequently required to induce people, and sometimes the pro- fession, to notice an improvement, and thus far perhaps thanks are due Dr. Morton for compelling attention ; yet we must give Dr. Wells the credit he justly deserves of making the dis- covery, spending time and money in its investigation, and then in nobly presenting it to the world. It is to be hoped every other gas and substance capable of exciting the nerv- ous system may be experimented upon, but we hope no one will think of patenting any if discovered to be similar in iti operation. P, W. ELLSWORTH. Hartford, Dec. 9, 1846. 130 Evidence that the object of Wells, in visiting Paris, was to speculate in paintings. Hartford, December 10, 1852. Dear Sir : In compliance with your request I make this statement of what 1 know of Dr. Wells' going to Paris in 1846. The last of November, 1846, a Mr. Eddy had a sale of pic- tures at Hartford, in Union hall. At the hall I had a conver- sation with Dr. Wells about the business ; Wells said the pictures could be got up cheap, and money made by the oper- ation ; and, after, at my store, said he knew how to get them up, and was going into it. I had some conversation with him about going into it myself, and consulted you, as you will recollect, about it at the time, and concluded not to do so. Wells very soon left for Paris, and returned in the spring. He then came into my store, and told the arrangements he had made in regard to his pictures, by employing young artists very cheap, and had also an agent there to pay for them as they were finished and brought in ; and after getting a lot to- gether to ship them to New York. I recollect he spoke of Dr. Brewster, and said he offered to give him an interest in his business if he would remain in Paris. He also said some- thing about the gas discovery, and the claim he made to it, and other things I do not recollect about. Very respectfully, E. W. WILLIAMS. Mr. H. Cornwall. Letters to same purpose, by Dr. Brewster, of Paris. Paris, 21^^ March, 1847. Dear Sir: I recently received your favor of December 18, 1846, together with one of your apparatus for the inhalation of ether — for them both, as well as for the very kind manner in v/hich you speak of myself, you will accept my very sin- cere thanks. You have, doubtless, ere this, made great im- provements in your apparatus, inasmuch as we at home are a sort of go-a-head people, and can, in no case, be behind Europe in ingenuity. * * * * # Its discovery and use with 3'ou was first communicated to me in December last by a medical student from your quarter, upon whom I tried an unsuccessful experiment. After this it was a long time before I could induce another patient to try it. When I did, my experiment was perfectly successful. Since which I have used it in many cases with perfect success. The like result has generally attended its use in our hospitals, where it is in general use. The discovery of performing operations in surgery without giving pain, is here regarded as the greatest ever made in medical science, except that of the vaccine matter. I am often appealed to by persons here as to who is the true discoverer. 131 By the statement of some of the Boston dentists, one would think that Dr. Jackson deserves the credit. Then by a letter published in your Boston Medical and Surgical Journal, from Dr. Ellsworth, it seems that all the credit is due to Dr. Horace Wells. Dr. Marcy, of New York, in the Journal of Com- merce, gives all the credit to Dr. Wells. Dr. Wells has been here. I have freely conversed with him, and am disposed to believe him the true original discov- erer who first practiced surgical operations (extractions ot teeth) without pain. Dr. W's visit to Europe had no connec- tion with this discovery, and it was only after I had seen the letters of Drs. Ellsworth and Marcy, that I prevailed upon him to present his claim to the Academy of Sciences, the Acade- my of Medicine and the Parisian Medical Society. If his statements are susceptible of proof, he will unquestionably be considered the discoverer. Then it remains to decide who is to receive the honors and rewards, as by the letter of Dr. Jackson, published in the Boston Daily Advertiser of 1st inst., you were the first to reduce to practice and promulgate the discovery. Many persons knew of and commented on the force of steam power, but it was Fulton who first successfully and publicly applied it. If Dr. Wells cannot prove that he did perform painful operations prior to yourself, then you must take the credit. I think that the letter of Dr. Jackson above referred to, most clearly takes from him all the honors. What did he do ? He says you wished to borrow " an empty bag," and he told you that ether would produce insensibility. Why it required neither a physician nor a chemist to tell, as there is scarcely a school or community in our country, where the boys and girls have not inhaled ether to produce gaiety, and many are the known cases where they become insensible. But did Dr. J. ever perform any surgical operation on these in that state. * * * * * *^* * BREWSTER. Dr. W. T. G. Morton. Paris, 24th March, 1847. Dear Sir : This day Mr. Poor gave me yours of the 27th February, (written by Dr. Warren,) as also your " third cir- cular. Voice from Europe." I can scarcely add any thing to what I have already said, except to thank you for thinking of me. That Dr. Jackson wishes to make you play " second fiddle ;" that you were to be the ass on whom all the disgrace, if fail- ures followed, and he was to be the man, if success attended the enterprise, both his and your letters, to my mind, fully prove. #**#**♦ I am personally unknown to you, and to Dr. Jackson, acci- dent threw me into the acquaintance, (yet I ought not to say accident, for I sought it.) The acquaintance of Mr. Wells and I was prompted to do this from a high sense of justice. 132 I had seen Drs. Ellsworth and Marcy's letter, and sent to Dr. or Mr. Wells, begging him to call on me. I then told him, " are you the true man." His answers, his manner, convinced me that he was. Now he has a very difficult task to establish his priority, for, in the Academic des Sciences, Dr. J. has one of the most influential members as his friend, (his former teacher, Eli de Beaumont, and you have no chance of success now.) #****** BREWSTER. Dr. W. T. G. Morton. Br. Marcy^s statement, No. 3. I take pleasure in certifying, that more than two years since, at the request of Horace Wells, Esq., of this city, I visited his rooms for the purpose of witnessing the extraction of a tooth from a man, while under the influence of the nitrous oxyd gas. The idea was novel to me, and I took occasion to be present during the operation. The gas was administered by Mr. Wells, and the operation performed without any apparent suffering on the part of the individual operated upon. I af- terwards questioned him in regard to his sensations during the extraction, and he assured me that he had not experienced the slightest degree of pain. At this time, the comparative merits of the gas and of rectified sulphuric ether vapor, were discussed, and I gave it as my opinion, that the nitrous oxyd gas was the safest, inasmuch as the after-effects of this gas are not so unpleasant as from the ether vapor. I also take this occasion to assert, from my positive knowledge, that the ether vapor was administered very soon after this period (and prior to 1845,) for the performance of a surgical operation. In conclusion, I beg leave to offer it as my opinion, that the man who first discovered the fact that the inhalation of a gaseous suT)stance would render the body insensible to pain, during surgical operations, should be entitled to all the credit or emolument which may accrue from the use of any sub stances of this nature. This is the principle — this is the fact — this is the discovery. The mere substitution of ether vapor, or any other article, for the gas, no more entitles one to the claim of a discovery than the substitution of coal for wood in generating steam, would entitle one to be called the discoverer of the powers of steam. E. E. MARCY, M. D. Hartford, March 27th, 1847. State of Connecticut, Hartford County, ss : City of Hartford, March 27, 1847. Personally appeared E. E. Marcy, Physician and Surgeon, resident in this city, and made solemn oath to the truth of the foregoing affidavit by him subscribed before me. Given under my hand and the seal of said city, the day and year aforesaid. A. M. COLLINS, Mayor. 133 Hartford, January 10, 1853. Dear Sir : Since you announced, in Hartford, last October, that you would give a reward of $100 to any one who would discover to you the young many from whose head Dr. E. E. Marcy extracted a tumor, under the influence of ether, men- tioned by him in an affidavit, I have made very great efibrts to find the individual alluded to by him. In the first place, I offered a reward of 850, then I offered 875, and after I offered the same sum you did, 8100. By offering the smaller sums I thought 1 should as readily find the person, and save enough to pay me for my trouble. I inquired of all the physicians and surgeons in this city, that were here as far back as 1844, and of two former students of Dr. Marcy, one of which was with him about the time he claims to have performed the operation, and also of the citi- zens of Hartford and adjoining towns. And I personally of- fered the reward, 8100, to Dr. P. W. Ellsworth, the agent of Mrs. Wells, if he would find the person and inform me who he was. I also offered a like sum to the counsel of Mrs. Wells, personally, and also to F. C. Goodrich and many others of the friends of Mrs. Wells, who I supposed would be likely to know who the person was. But with all my efforts I have not been able to find any such person as is mentioned by Dr. Marcy, or any one on whom he operated under the influence of ether, previous to the time you perfected your discovery in 1846, nor any person who could give me any information as to who it was. Now, I feel entirely satisfied from the efforts that I have made, and caused to be made, that had any such operation been performed by Dr. Marcy, as he claims, I should have found the individual operated upon, or have got some infor- mation with regard to him. I cannot believe, after this investigation, that any such per- son lives, or ever did live, or that any such operation was ever performed by Dr. Marcy, and I never can believe it till Dr. Marcy presents me the person operated upon. And I am strengthened in this unbelief by other things than my own investigation. I mean the same investigation made by others, and also to Dr. Marcy'stwo affidavits, which I have seen, and his statements published in the Journal of Commerce, and not until his last affidavit, in 1849, do you find any state- ment from him that he ever performed a surgical operation under the influence of ether. Now for Dr. M. to say (as I un- derstand he does) that he has forgotten the person, is nonsense to me, knowing Dr. M. as I do. He is not the man to have forgotten a fact so wonderful, nor the name of the person upon whom such operation was performed, for he thinks too 134 much of anything that will add to his own glory, or pecuniary reward. I suppose you are under no obligation to pay me anything for my trouble in making this search, not having found the person for whom you offered the reward, but it has taken a good deal of valuable time, and if you feel like making me a small recompence, it would be gratefully received. But I charge you nothing of course. Very respectfully, HORACE CORNWALL. Dr. Morton. Hartford, Conn., January 18, 1853. I hereby certify, that I have examined the printed Journals of the Senate and House of Representatives of the State of Connecticut, for the year 1847, and find the following record of proceedings in reference to the discovery attributed to Dr. Horace Wells, viz : From the Senate Journal. '* Tuesday, A. M., June 22, 1847. " A Resolution awarding merit to Dr. Horace Wells, of Hart- ford, Connecticut, for his discovery of the use of nitrous oxyd gas, or vapor of ether, in extraordinary cases of difficult and dangerous surgical operations, was read, and on motion refer- red to a committee of one Senator, (for the purpose of correc- tion,) and the Hon. Mr. Phelps was appointed said com- mittee.") "Tuesday, P. M., June 22, 1847. "The committee, to whom was referred the resolution con- cerning the discovery by Dr. Wells, reported the following, which was passed, to wit : "General Assembly, May session, 1847. " Whereas, it being understood by this Assembly, that Dr. Horace Wells, of Hartford, discovered in 1844, that nitrous oxyd gas, or the vapor of ether, inhaled by persons, causes in- sensibility to pain in amputation, or other surgical operations ; which discovery has been most honorably noticed by various Medical Societies in London, and by the Academy of Medi- cine, and by the Parisian Medical Society in France, and has since been in use in England, France, and in this country ; Therefore. " Resolved hy this Assembly ^ That the aforesaid discovery by Dr. Wells, of Hartford, Connecticut, of the use of nitrous oxyd gas, or vapor of ether, in surgical operations, is of great importance to the public, and entitles the inventor to the fa- vorable consideration of his fellow-citizens, and to the high station of a public benefactor." 135 House of Representatives. "Wednesday afternoon, June 23, 1847. " Joint resolution awarding to Dr. Horace Wells, of Hart- ford, the discovery that nitrous oxyd gas, or the vapor of ether, inhaled by persons, causes insensibility to pain in amputations or other surgical operations, and declaring, in the opinion of this Assembly, that the aforesaid discovery is of great impor- tance, and entitles the discoverer to the favorable considera- tion of his felloviT-citizens, and to the high station of a public benefactor, came from the Senate passed — House concurred in the passage thereof." On the day follovring, to wit, Thursday, June 24, 1847, the General Assembly adjourned, sine die. And I further certify, that in the printed reports of the pro- ceedings of the House of Representatives, for the session above named, the remarks of Messrs. Chapman, of Hartford, Woodward, of Middletown, Cleveland, of Hampton, and Car- ter, of Farmington, are briefly set forth in favor of the pas- sage of the Resolution referred to, and of Messrs. Hill, of Nor- walk, and Russell, and Peck of New Haven, in opposition to the same, R. A. EWING, Executive Secretary, Ct, 32d Congress, [SENATE.] Rsp. Com. 2d Session. No. 421. IN SENATE OF THE UNITED SENATE. FsBftUABT 19, 18 53-— Ordered to be printed. Mr, Walker made the following REPORT: [To accompany an amendment intended to be proposed to the act (H. R. 336) ^making appropriation for the support of the army for the year ending June 30, 1854."] The select committee^ to which were referred the various memorials in regard to the discovert/ of the means by which the human body is rendered uniformly and safely insensible to pain under surgi- cal operations, has had the subject under consideration, and now report : That in the opinion of the committee such a discovery has been made, and that the credit and honor of the discovery belong to one of the following persons, all citizens of the United States, to wit : William T. G. Morton, Horace Wells, deceased, or Charles T. Jaclcson ; but to which of these persons in particular the dis- covery should be awarded, the committee is not unanimous, and consequently the committee is of opinion that this point should not be settled by Congress without a judicial inquiry. But the committee has no hesitancy in saying, that to the man who has bestowed this boon upon mankind, when he shall be cer- tainly made known, the highest honor and reward are due which it is compatible with the institutions of our country to bestow. The means of safely producing insensibility to pain in surgical and kindred operations have been the great desideratum in the curative art from the earliest period of medical science, and have been zealously sought for during a period of more than a thou- sand years. At various periods, and in various ages, hope has been excited in the human breast that this great agent had been found ; but all proved delusive, and hope as often died awaj'^, un- til the discovery now under consideration burst upon the world from our own country, and in our own day. Then, and not until then, was the time-cherished hope realized that the knife would lose its sting, and that blood might follow its edge without pain. But for the committee to dilate upon the importance of this discovery were futile indeed. The father or mother who has seen a child, or the child who has a father or mother, upon the surgeon's table, writhing and shrieking from pain and agony — the husband who has seen his wife suffering, perhaps dying, un- 2 der the undurable pangs of parturition, the extirpation of a breast or cancer, or the amputation of a limb, while she appealed and implored for help and ease which he could not otherwise render— the commander who has seen his soldiers, and the soldier who has seen his companion, sink, nervously shocked to death from pain, in the absence of this alleviation — and the suurgeon who is forced to torture, while, perhaps, he weeps— can all more redily feel the magnitude and blessing of this discovery than the com- mittee can describe it. Indeed, while the heart of man shall re- main human, or possess the power to pulsate in sympathy with human suffering, it would seem that none would deny it the meed of pre-eminence among the discoveries of any age. Leaving, therefore, the importance of the discovery, as a mat- ter conceded by all, the committee will proceed to the considera- tion of another inquiry, which is — has Congress the constitutional power to grant pecuniary reward for the use and benefit of the discovery, had and derived by the Government in its military and naval service, its hospitals, and asylums ? Were this an original question, or one presented for the first time, it would seem that very little reflection ought to satisfy the most jealous objector that such a power is possessed by Congress. Were it not so, the Government might become the veriest laggard in every species of progress ; or, to escape that difliculty, must be- come the worst and only resistless pirate upon the rights, inven- tions, and discoveries of its citizens. For instance : an invention in mechanical, or a discovery in physical science is made. By its use, private individuals and governments, having' the power to avail themselves of it, transmit a message in a minute, which would otherwise require a week ; propel a ship to a given point in a week, which, without the availed discovery, would require a month ; send their agents or soldiers to a point in a day, which could not be reached, formerly, in twenty ; or print matter in an hour, which formerly required a day : while our Government, not possessing the rightful power to avail itself of the invention or discovery, must necessarily lag behind private individuals and all other Governments, whether in peace or war, and move on in the old and slothful paths j or it must do by piracy, or usurpation,, what it is alleged it cannot do constitutionally — infringe the pri- vate rights of its citizens, and avail itself by might of that which it cannot obtain by the exercise of rightful power. But, before it can do even this, it must be first conceded that the Government ean reach an unconstitutional but necessary end by means of a constitutional wrong. Tbe bare proposition involves so plain a solicism, that serious consid oration of it is precluded. As an original and open question, then, the committee would be of opinion that Congress does possess the power to avail itself of the use of the discovery under consideration ; or having had, and still having the use and benefit of it, can rightfully grant a reward for that use and benefit. But the committee cannot view the question of power as an original or open one. The time is too long, and the instances are too numerous, in which the power has been exercised, to allow of its being so considered. A list of some of the cases in which the power in question has been exercised, will be found appended to this report ; but the committee will here allude to a class of cases involving the power to the extreme limit — cases in which the Government has even stood forth to assist private individuals, with money, in their efforts to make and perfect their discoveries and inventions : such, for instance, as the cases of Professors Morse, Page, and Espy. The committee being of opinion that this discovery is eminently meritorious, and its use by the Government of vast and incalcula- ble value and benefit, have concluded to recommend to the favor- able consideration of the Senate the accompanying provision, by way of amendment to the army appropriation bill. [This proposition gives $100,000 to the discoverer.] Views of the Chairman on ^^An Examination of the Question of AncEsthesia.^'' While the question of anaesthesia, on the memorials of sundry persons, was under consideration by the Select Committee of the Senate, of which I was Chairman, a paper entitled "An Examination of the auESTioN of anesthesia," prepared by the Hon. Truman Smith, a member of the Committee, and having thus a quasi official character, was printed and circulated among the members of the Senate and House of Representatives. And as, in my opinion, that paper present^ a one-sided and partial view of the question ; such as might be expected of an advocate of easy faith in his client's cause, and strong indignation against all that oppose it ; and consequently comes to a conclusion widely different from that which a calm and impartial consideration of the whole case would warrant, I deem it an act of mere justice to the person who I believe has the right, to present also the opinion which I have formed upon the same points after a care- ful examination. The writer of that paper gives the whole merit of the discovery of practical anaesthesia to the late Dr. Horace Wells, of Hart- ford, Connecticut, and he denounces, in no measured terms, as pirates and impostors both the other claimants to that distinguish- ed honor. He is especially bitter and abusive of Dr. Morton, whose character is above all reproach, and whose claim tc the contested prize is supported by very strong evidence, while he shows some little forbearance towards Dr. Jackson, w^io has failed in making out his claim. The strength of his denuncia- tions against the respective parties, and the degree of villany which he imputes to them is in direct proportion to the strength of their proofs. I feel no interest or wish in this matter, except that the truth may be arrived at, and right and justice done ; and that I may discharge faithfully the duty which the Senate has imposed on me by the reference, by endeavoring to obtain it, and present it. And it is but fair to say, in the outset, that, after a careful exami- nation of all the allegations and proofs to which I have had ac- cess, my mind is made up — my opinion formed on the question — and that I concur with the Board of Trustees of the Massachusetts Medical Hospital in the opinion expressed in their report of Jan- uary 26th, 1848, and with the two committees of the House of Representatives of 1849 and 1852, that Dr. W. T. G. Morton first discovered and brought into general use a safe, certain, and effi- cient aucESthetic agent, applicable generally to all dentrical, sur- gical, and obstetrical cases, and that he is entitled to whatever honor and reward are due to the discovery, and the free and ge- neral use of it, by the army and navy of the United States, by the country, and by the civilized world. Di\ T\^eUs not the original conceiver of AncBsthesia. He was, however, by no means the first that ^^ formed a distinct conception of ancesthesia.^^ Nor was Dr. Horace Wells, or Dr. C. T. Jackson. If we trace the ^^ conception"" as far back through the lapse of ages as it is disclosed to us by history, we will find they were, each and all of them, among the last that entertained it. Nor was either of them the first that ''attained that end by means, good and satisfactory " for a time, at least, to themselves and a circle of select friends who felt pride or interest in finding the means " satisfactory." None, however, as far as we know, prior to Dr. Morton, attained it by '^ means ^^ deemed "good and satisfactory" by the medical profession generally throughout the civilized world, and published to the world the discovery of m.eans such as that profession generally would venture to receive and bring into use. But the world, for more than two thousand years past, has teemed with the discovery and use of various agents, clearly and indubitably possessed of anaesthetic qualities, used in some instances — many of them frequently and for a long time*— with considerable reputation and success. None of them, how- ever, prior to the introduction of the use of the vapor of sulphuric ether by Dr. Morton, were able to make its way or hold its place among an intelligent and scientific modern medical profession. A history of these anaesthetic agents, their qualities and use was not long since published by Dr. J. Y. Simpson, of Edinburg, to whose brief but elegant essay the committee of the House of Representatives who reported on this question in 1852 was large- ly indebted for the facts given in the historical introduction to their very able report — the following extract fr©m w^hich is fully to my present purpose : J Letlieon Anodynes used by the Ancients. ** Intense pain is regarded by mankind^ generally, as so serious an evil that it would have been strange indeed if efforts had not been early made to diminish this species of suffering. The use of the juice of the poppy, henbane, mandragora, and other narcotic preparations, to effect this object by their deadening influence, may be traced back till it disappears in the darkness of a highly remote antiquity. Intoxicating vapors were also employed, by way of inhalation, to produce the same effects as drugs of this nature introduced into the stomach. This appears from the ac- count given by Herodotus, of the practice of the Scythians, seve- ral centuries before Christ, of using the vapor of hemp seed as a means of drunkenness. The known means of stupefaction were very early resorted to, in order to counteract pain produced by artificial causes. In executions, under the horrible form of cruci- fixion, soporific mixtures were administered to alleviate the pangs of the victim. The draught of vinegar and gall, or myrrh, offered to the Savior in his agony, was the ordinary tribute of human sympathy extorted from the bystander by the spectacle of intole- rable anguish. " That some letheon anodyne might be found to assuage the tor- ment of surgical operations as they were anciently performed, cauterizing the cut surfaces, instead of tying the arteries, was not only a favorite notion, but it had been in some degree, how- ever imperfect, reduced to practice. Pliny, the naturalist, who perished in the eruption of Vesuvius, which entombed the city of Herculaneum, in the year 79, bears distinct and decided testi- mony to this fact. " It has a soporific power," says he in his description of the plant known as the mandragora or circeius, " It has a soporific power on the faculties of those who drink it. The ordinary potion is half a cup. It is drunk against serpents, and before cuttings and puncturings, lest they should be felt." (Bibitur et contra serpentes, et ante sectiones, punctionesque, ne sentiantur.) When he comes to speak of the plant eruca, called by us the rocket, he informs us that its seeds, when drunk, infused in wine, by criminals about to undergo the lash, produce a certain cal- lousness or induration of feeling, {duaitiam quondam contra sen- sum induere.) Pliny also asserts that the stone Memphitis, powdered and ap- plied in a liniment with vinegar, will stupefy parts to be cut or cauterized, " for it so paralyzes the part that it feels no pain ; nee sentit cruciatum,^^ Antiquity of AncBsthesia. Dioscorides, a Greek physician of Cilicia, in Asia, who was born about the time of Plin3^'s death, and who wrote an exten- sive work on the materia medica, observes, in his chapter on mandragora — 1. "Some boil down the roots in wine to a third part, and preserve the juice thus procured, and give one cyathus of it in sleeplessness and severe pains, of whatever part ; also, to cause the insensibility — to produce the anaesthesia {poiein anaisthesian) of those who are to he cut or cauterized.''^ 2. " There is prepared, also, besides the decoction, a wine from the bark of the root, three minae being thrown into a cask of sweet wine, and of this three cyathi are given to those who are to be cut or cauterized, as aforesaid; for being thrown into a deep sleep, they do not perceive pain." 3. Speaking of another variety of mandragora, called morion, he observes, "medical men use it also for those who are to be cut or cauterized." Dioscorides also describes the stone Memphitis, mentioned by Plinj^, and says that when it is powdered and applies to parts to be cut or cauterized, they are rendered, without the slightest danger, wholly insensible to pain. Matthiolus, the commentator on Dioscorides, confirms his statement of the virtues of mandra- gora, which is repeated by Dodoneus. "Wine in which the roots of mandragora has been steeped," says this later writer, "brings on sleep, and appeases all pains, so that it is given to those who are to be cut, sawed, or burned, in any parts of their body, that they may not perceive pain." The expressions used by Apuleius, of Madaura, who flourished about a century after Pliny, are still more remarkable than those already quoted from the older authors. He says, when treating of mandragora, "If any one is to have a member mutilated, burned, or sawed, {mutilandum, comburendum, vel serrandam^ let him drink half an ounce with wine, and let him sleep till the mem- ber is cut away, without any pain or sensation, {et tantum dormiety quosque abscindatur membrum aliquo sine dolore et sensu.") Ancesthetic agents used in China centuries ago. It was not in Europe and in Western Asia alone that these early efforts to discover some letheon were made, and attended with partial success. On the opposite side of the continent, the Chinese, who have anticipated the Europeans in so many import- ant inventions, as in gunpowder, the mariner's compass, printing, lithography, paper money, and the use of coal, seem to have been quite as far in advance of the occidental world in medical science. They understood, ages before they were introduced into Christen- dom, the use of substances containing iodine for the cure of the goitre, and emplo3^ed spurred rye, ergot, to shorten dangerously prolonged labor in difficult accouchments. Among the therapeutic methods confirmed by the experience of thousands of years, there- cords of which they have preserved with religious veneration, the employment of an anesthetic agent to paralyze the nervous sensi- bility before performing surgical operations, is distinctly set forth. Among a considerable number of Chinese works on the pharma- eopseia, medicine, and surgery in the National Library at Paris, is one entitled, Kou-kin-i-tongy or general collection of ancient and modern medicine, in fifty volumes quarto. Several hundred biographical notices of the most distinguished physicians in China are prefixed to this work. The following curious passages occur in the sketches of the biography of Hoa-tho, who flourished under the dynasty of Wei, between the years 220 and 230 of our era. " When he determined that it was necessary to employ acupunc- ture, he applied it in two or three places; and so with the moxa^ if that was indicated by the nature of the affection to be treated. But if the disease resided in parts upon which the needle, moxa^ or liquid medicaments could not operate, for example in the bones, or the marrow of the bones, in the stomach, or the intes- tines, he gave the patient a preparation of hemp, (in the Chinese language mayo) and after a few moments he became as insensi- ble as if he had been drunk or dead. Then, as the case required, he performed operations, incisions, or amputations, and removed the cause of the malady, then he brought together and secured the tissues, and applied liniments. After a certain number of days, the patient recovered, without having experienced during the operation the slightest pain. Hoa-tho has published, under the title of Nei-tchaO'tfiou, anatomical plates, which exhibit the inte- rior of the human body, which have come down to our times, and <5njoy a great reputation." It will be noticed that the agent employed by Hoa-tho, which he calls ma-yo, hemp medicine, and which is called in the annals of the latter Hans, mnfo-san, or hemp essence powder, is the ex- tract of the same plant mentioned by Herodotus, twenty-three centuries ago, cannabis Indica, the haschisch of the Arabs, which is now extensively cultivated in Hindostan, for the purpose of manufacturing the substance called Bhang, to produce a peculiar species of intoxication, at first seductive and delicious, but fol- fowed in its habitual use by terrible effects upon the constitution. Almost a thousand years after the date of the unmistakeable phrases quoted from Apuleius, acccording to the testimony of William of Tyre, and other chronicles of the wars for the rescue of the holy sephulcre, and the fascinating narrative of Marco Polo, a state of anaesthesia was induced for very different purpo- ses. It became an instrument in the hands of bold and crafty impostors to perpetrate and extend the most terrible fanaticism that the world has ever seen. Inhalation of an Anodyne Vapor in the thirteenth century. The employment of anaeesthetic agents in surgical operations, was not forgotten or abandoned during the period when they were pressed into the appalling service just described. In the thirteenth century, anaesthesia was produced by inhalation of an anodyne vapor, in a mode oddly forestalling the practices of the present day, which is thus described in the following pas- sage of the surgical treatise of Theodoric, who died in 1293. It is the receipt for the " spongia somnifera," as it is called in the rubric : " The preparation of a scent for performing surgical operations, according to Master Hugo. It is made thus : Take of opium and the juice of unripe mulberry, of hyoscyamus, of the juice of the hemlock, of the juice of the leaves of the mandragora, of the juice of the woody ivy, of the juice of the forest mulberry, of the seeds of lettuce, of the seed of the burdock, which has large and round apples, and of the w^ater hemlock, each one ounce ; mix the whole of these together in a brazen vessel, and then in it place a new sponge, and let the whole boil, and as long as the sun on the dog days, till it (the sponge) consumes it all, and let it be boiled away in it. As often as there is need of it, place this same sponge into warm water for one hour, and let it be applied to the nostrils till he who is to be operated on {qui incidentus est) has fallen asleep ; and in this state let the operation be performed {et sic fiat chi- rurgia.) When this is finished, in order to rouse him, place another, dipped in vinegar, frequently to his nose, or let the juice of the roots of fenigreek be squirted into his nostrils. Presently he awakens." Prophylactic agents used during the middle ages. Guy de Chauliac and Brunus are the only authors on medicine and surgery, besides Theodoric, Vv^ho, during this period, allude to prophylactic agents to avert pain. It may be presumed, there- fore, that their employment was not generally very successful. Probably bad effects, such as congestion and asphjxia, and some- times ending in death, followed their unskillful empiricism. J. Canappe, the physician of Francis L, in his work printed at Lyons in 1535, Le Guidon pour les Barhiers et les Chirurgiens, the Sur- geon's and Barber's Guide, describes the method of Theodoric and his followers, as already given above, and adds : " Les autres donnent opium a boire, et font mal, specialement s'il est jeune ; et le apergoivent, car ce est avec une grande bataille de vertu ani- male et naturelle. J'ai oui quilz encourent manie, et par conse- quent la mort." Thus much is known to us of the efforts of the medical faculty in remote antiquity and during the middle ages, to destroy or mit- igate pain in surgical operations — and they were attended with a certain degree of success, especially the " spongia somnifera '* described by Theodoric, the use of which was again revived in our own times. French experiments in 1832, exactly parallel to those of Dr. Wells^ in 1844. " A French physician, residing in the neighborhood of Toulouse, M. Dauriol, asserts that, in in the year 1832, he employed a method analogous to that of Theodoric, and specifies five cases in which he succeeded in performing painless operations." The success of the modern revival of this ancient anaesthetic agent, appears to have been about equal to that of Dr. Wells with the nitrous oxyd. M. Dauriol says he applied it successfully and specifies five cases in which he performed operations with- out pain, and it may be reasonably inferred, without previous mental preparation. Dr. Wells performed an operation, that of extracting a tooth or teeth, on " ten or fifteen " persons as he says, but the first and only exhibition he made of it out of his own town was a failure, and brought him and his nostrum into ridi- cule. He certainly did no more in 1844 to prove the utility of nitrous oxyd as an anaesthetic agent, than Dauroil had done for the spongia somnifera in 1832. Nor did he do more to advance the general idea of anaesthesia, or to commend it to the favorable notice of the medical faculty. Nor did M. Dauriol stand alone in this department of medical science : English use of Gases to produce insensibility in 1828. " September 23, 1828, M. Girardin read a letter before the Acad- emy of Medicine, addressed to his Majesty Charles X., by Mr. Hickman, a surgeon of London, in which this surgeon announces a means of performing the most delicate and most dangerous ope- rations without producing pain in the individuals submitted to them. This proceeding consists in suspending insensibility by the methodical introduction of certain gases into the lungs. Mr. Hickman had tested his proceedings by repeated experiments on animals." But neither of their discoveries met with any considerable suc- cess. Neither was acknowledged or adopted by the medical pro- fession, though both had formed " a distinct conception of ancBsthe- sia,''^ and both of them " attained that end " by means " good and satisfactory^" to themselves, though not to the medical profession. Other anaesthetic agents have been tried, with some success, but never brought into general use, nor obtained the approval of an enlightened medical faculty. "Haller, Deneux, and Blandin, report cases of operations per- formed upon patients under the influence of alcholic intoxication, in obstetric and other cases, without pain ; and Richerand has sug- gested that this expedient should be employed in the management of dislocations difficult to be reduced. For obvious reasons it has not been adopted by the profession. Mesmerism, also, has been the subject of grave discussions, and of some extraordinary statements, in this connection ; but, whatever may be thought of the individual cases certified by witnesses, it is not too much to say that it is not likely ever to become a remedy of general ap- plication." 10 The last named agent, Mesmerism, consists wholly, perhaps, in ^^ mental prejjaration" which alone holds a prominent place in Dr. Wells's experiments. Dr. Wells did not " discover''* Ancssthesia. I will now proceed to consider more particularly the subject of the alledged discovery of Dr. Wells. And whether he did, in fact, discover any thing not already known, or bring into general use, among the medical profession, a quality or a substance already known, but which had been theretofore neglected. That he did not first discover " anaesthesia " as a condition of the human frame, or that various substances, solid, liquid, and gaseous, would produce it, is manifest from what I have already shown. The fact has been well understood from the first dawn of medical science, through all ages and at all times, down to the present day. JNor has he discovered that the property of produc- ing anaesthesia exists in a substance not heretofore known to possess it, for, that property of the nitrous oxyd has been long well known. And the use to which Dr. Wells applied it, was an- ticipated by Sir Humphrey Davy more than half a century ago. In his researches on nitrous oxyd, p. 276, he says : Sir Humphrey Davy described the properties of Nitrous Oxyd fifty years since. " In one instance, when I had headache from indigestion, it was immediately removed by the effects of a large dose of gas ; though it afterwards returned, but with much less violence. In a second instance, a slighter degree of headache was wholly removed by two doses of gas. " The power of the immediate operation of the gas in removing intense physical pain, I had a very good opportunity of ascertaining, " In cutting one of the unlucky teeth called dentes sapientiae, I experienced an extensive inflammation of the gum, accompanied with great pain, which equally destroyed the power of repose, and of consistent action. " On the day when the inflammation was most troublesome, I breathed three large doses of nitrous oxyd. The pain always di- minished after the first four or five inspirations ; the thrilling came on as usual, and uneasiness was for a few minutes swal- lowed up in pleasure. As the former state of mind however re- turned, the state of organ returned with it ; and I once imagined that the pain was more severe after the experiment than before." And on page 32 : " As nitrous oxyd^ in its extensive operations, appears capable of destroying physical pain, it may probably be used with advan- tage during surgical operations in which no great effusion of blood takes place." 11 So that Dr. Wells could claim no originality in the discovery or conception of anaesthesia, or of the fact that nitrous oxyd, as well as many other substances, would produce it. And I have also as clearly shown that he was not the first to apply anaesthesia to destroy pain in surgical operations. The practice was familiar with ancients. The northern and eastern nations, as well as the Greeks and Romans, understood and prac- tised it, and the preparation of the aneesthetic agent was a fami- liar head in the dispensatories of the middle ages, and the prac- tice was not entirely abandoned in modern times. Mr. Girardin recommended it in 1828. M. Dauriol used it in surgical opera- tions in 1832. So, also, did Hallena, Denwin, and Blandia ; in short, the pre- ceeding pages show clearly that Dr. Wells had no claims as the originator of aaesthesia, or as having been (to use the words of the writer of the " Examination ") the first being upon whom an ancesthetic operation was performed. The next proposition we shall discuss is, that — The experiments of Dr. Wells did not advance the discovery. The testimony showing the truth of this assertion may be best considered by distributing it according to its applicability to the following cardinal points, viz : 1st. That of the anaesthetic agents, known or unknown to the scientific world, he selected one which is certain, safe, and effec- tual. 2d. That he so applied it as to satisfy the medical profession of its utility. 3d. And. that he so published it as to bring it into general use. Now, I appeal to all candid and impartial men, I submit to an intelligent public, whether in the then state of medical science as I have shown it, these three conditions were not necessary to con- stitute a just title to the honor and reward which is here claimed. I will now proceed to an examination of the evidence, and en- deavor to ascertain, therefrom, whether any or all of these con- ditions were fulfilled by Dr. Wells. Total absence of any publication until Dr. Morton's success was known. And, in the first place, it is worthy of remark that, in the case of Dr. Wells, we have not one stroke of pen or pencil by him, either in a private memorandum, friendly letter, or published essay, in which he claims to have had any knowledge, or to have made any use of sulphuric ether, prior to his letter of December 7th, 1846, at which date America and Europe rang with the lame of the then new discovery, of its perfect anaesthetic qualities. Nor does he in that letter claim to have done any thing more than to have thought of it, spoken of it to Dr. Marcy, and, by 12 his advice, to have rejected it. But in his letter published in Galignani's Messenger, of February 7, 1847, he says : "Since this discovery was made, 1 have administered the nitrous oxyd and sulphuric ether to about fifty patients," leaving it to be inferred by a cursory reader, but by no means saying that he tried sul- phuric ether before it was brought into public use by Dr. Morton. This equivocal statement of Dr. Wells, if it be understood to ex- tend to the use of sulphuric ether prior to September 30, 1846, is supported only by the testimony of John G. Wells, taken with- in the present winter. He says : " On this occasion sulphuric ether was administered by Dr. Wells. I am quite sure it was early in 1845, a long time ante- rior to the period when Dr. Morton, of Boston, first announced his discovery. The ether was unpleasant in its effects, though the tooth was extracted without pain. I therefore advised my friends not to use it, but rather the exhilarating gas." Claim in 1853 that Dr. Wells had used Ether, refuted hy Dr, Wells himself in 1847. But this testimony is subject to several difficulties — 1st. Dr. Wells, in publishing his discovery December 7th, 1846, does not pretend to have ever administered sulphuric ether. 2d. This same witness testified in March, 1847, and does not pretend, in his then testimony, that sulphuric ether was ever ad- ministered to him. His deposition is as follows : Hartford, March 26, 1847. I hereby testify that, more than two years prior to this date, on being informed that Horace Wells, dentist, of this city, had made a valuable discovery, by which means he could extract teeth without pain to the patient, which consisted in the use of stimulating gas, or vapor, I inhaled the exhilerating gas, and un- der its influence, had six extracted without the least pain. I would further state, that for more than eighteen months from the time I first submitted to this operation by the application of gas, I heard no other name mentioned as the discoverer, except that of the above-named Horace Wells. J. GAYLORD WELLS, 184 J Main street. 3d. And Dr. Wells, on his return from Europe in 1847, dis- tinctly stated to Professor Hayward that he never had operated on a subject under the influence of sulphuric ether. Dr. Hay- ward said, in answer to to interrogatory : 16th. Did you have a conversation wdth Dr. Horace Wells, of Hartford, on the subject of anaesthesia ? If yea, when, and who was present? Please give the whole conversation. Ans. He called at my house after his return from France ; after we had begun to use the ether as an anaesthetic. There was no one present but Dr. Wells and myself. It was in my 18 study. I then asked him if he had ever used sulphuric ether by inhalation, so as to render any one insensible to pain, and per- formed any surgical operation on the individual while in that state. His answer was that he had not. Again: Dr. Wells in his letter of February 7, 1847, to Galig- nani^s Messenger, says : " The less atmospheric air admitted into the lungs with, any gas or vapor, the better ; the more satisfactory will be the result of the operation." From this it is evident he knew nothing of the properties or use of sulphuric ether. It will not support respiration, and the patient who should breathe it without a mixture of atmospheric air, would be instantly suffocated to death. Dr. Wells could never have used it, for if he had, he would have killed his patient. An assertion to the effect that he had so used it prior to his letter of December 7, 1846, would have been entitled to no credit in the face of that letter, but he does not make it, and it would perhaps be doing him injustice to suppose that, by his vague and indefinite language, he intended it should be so understood. It is, however, sufficient for the purpose of this inquiry that there is neither assertion or proof that he even tried an experiment with sulphuric ether prior to Dr. Morton's discovery, September 30th, 1846 ; that he thought of it, and spoke of it, if it be conceded that he did so, prior to that time, is a matter of no importance. Nor if he in fact made experi- ments with sulphuric ether, does it amount to any thing more than this: that he discredited it instead of approving it, as an ancBsthetic agent. He does not intimate in either of his letters that he communicated his conception as to sulphuric ether, if any such he then had to either Dr. Morton or Dr. Jackson. Dr. Wells, therefore, is entitled to nothing so far as merit depends upon dis- covering and making public the use of sulphuric ether as a safe, certain, and effectual anaesthetic agent. His claims are there- fore necessarily limited to his development of the anseesthetic properties of nitrous oxyd, and to the use which he made of that agent and the introduction into public use while he gave it. Dr. Wells's experiments confined to Nitrous Oxyd. On this particular agent he wrote and published nothing prior to December 7, 1846, when there had been made known to and received by the world at large an acknowledged safe, certain, and efficient anassthetic agent — sulphuric ether — then he wrote and set up his claim ; 1 give it at length in his own words. From the Hartford Courant. Hartford, December 7, 1846. Mr. Editor : You are aware that there has been much said of late respecting a gas, which, when inhaled, so paralyzes the 14 system as to render it insensible to pain. The Massachusetts General Hospital have adopted its use, and amputations are now being performed without pain. Surgeons generally, throughout the country, are anxiously waiting to know what it is, that they may make a trial of it, and many have already done so with uniform success. As Drs. Charles T. Jackson and W. T. G. Mor- ton, of Boston, claim to be the originators of this invaluable discovery, I will give a short history of its introduction, that the public may decide to whom belongs the honor. While reasoning from analogy, I was led to believe that the inhaling of any exhilarating ga$, sufficient to cause a great ner vous excitement, would so paralyze the system as to render it insensible to pain, or nearly so, for it is well known that when an individual is very much excited by passion, he scarcely feels the severe wound which may at the time be inflicted, and the in- dividual who is said to be " dead drunk," may receive severe blows, apparently without the least pain, and when in this state is much more tenacious of life than when in the natural state. I accordingly resolved to try the experiment of inhaling an exhil- arating gas myself, for the purpose of having a tooth extracted. I then obtained some nitrous oxyd gas, and requested Dr. J. M. Riggs to perform the operation, at the moment when I should give the signal, resolving to have the tooth extracted before losing all consciousness. This experiment proved to be perfectly suc- cessful — it was attended with no pain whatever. I then per- formed the same operation on twelve or fifteen others, with the same results. I was so much elated with the discovery, that I started imme- diately for Boston, resolving to give it into the hands of proper persons, without expecting to derive any pecuniary benefit there- from. I called on Drs. Warren and Haywood, and made known to them the result of the experiments I had made. They ap- peared to be interested in the matter, and treated me with much kindness and attention. I was invited by Dr. Warren to address the medical class upon the subject at the close of his lecture. I accordingly embraced the opportunity, and took occasion to remark that the same result would be produced, let the nervous S3^stem be excited sufficiently by any means whatever; that I had made use of nitrous oxyd gac, or protoxyd of nitrogen, as being the most harmless. I was then invited to administer it to one of the patients, who was expecting to have a limb ampu- tated. I remained some two or three days in Boston for this purpose, but the patient decided not to have the operation performed at that time. It was then proposed that I should administer it to an individual for the purpose of extracting a tooth. Accordingly, a large number of students, with several physicians, met to see the operation performed — one of their number to be a patient. Unfortunately for the experiment, the gas bag was by mistake 15 withdrawn much too soon, and he was but partially under its in- fluence when the tooth was extracted. He testified that he ex- perienced some pain, but not as much as usually attends the op- eration. As there was no other patient present, that the experi- ment might be repeated, and as several expressed their opinion that it was a humbug affair, (which, in fact, w^as all the thanks I got for this gratuitous service,) I accordingly left the next morn- ing for home. While in Boston I conversed with Drs. Charles To Jackson and W. T. G. Morton upon the subject, both of whom admitted it to be entirely new to them. Dr. Jackson expressed much surprise that severe operations could be performed without pain, and these are the individuals who claimed to be the in- ventors. When I commenced giving the gas, I noticed one very remark- able circumstance attending it, which was, that those who sat down resolving to have an operation performed under its influ- ence, had no disposition to exert the muscular system in the least, but would remain quiet as if partially asleep. Whereas, if the same individuals were to inhale the gas under any other circum- stances, it would seem impossible to restrain them from over ex- ertion. I would here remark, that when I was deciding what exhilara- ting agent to use for this purpose, it immediately occurred to me that it would be best to use nitrous oxyd gas, or sulphuric ether, I advised with Dr. Marcy, of this city, and by his advice I con- tinued to use the former, as being the least likely to do injury, although it was attended with more trouble in its prepa- ration. If Drs. Jackson and Morton claim that they are something else, I reply that it is the same in principle if not in name, and they cannot use anything which will produce more satisfactory results ; and I made these results known to both of these individuals more than a year since. After making the above statement of facts, I leave it for the public to decide to whom belongs the honor of the discovery. Yours, truly, HORACE WELLS, Surgeon Dentist Dr. Wells's first object in this paper was to present his own claims ; they were fresh and recent, and his mind was in a fit condition to appreciate them fully ; it is reasonable, therefore, to suppose that he presented them in all their length and breadth — and in it he does not pretend that he had ever used or tried sul- phuric ether as an anaesthetic agent. It is safe, therefore, to con- clude that he never had. His second object, connected with the first, was to depreciate the claims of Drs. Morton and Jackson, whom he then considered as his rivals. We see by his last para- graph, that he was aware that Dr. Morton was using sulphuric ether as an anaesthetic agent, but he does not pretend that it had ever been used by any other person for the like purpose. It is 16 safe, therefore, to conclude that it had not, within his knowledge. He says that he suggested it to Dr. Marcy, who advised against its use, so he continued the use of nitrous oxyd. This first paper is something nearer the time of his experiments, and also some- thing nearer the truth, than that published in Galignani^s Mes- senger — 3^et a careful examination of this will show that it is very far from containing a true presentation of the actual facts as they occurred. ' Dr. Wells " took Ms idecC from Dr. Cooley. And, first. One, on reading that paper, would be led to suppose that Dr. Wells was brought to the opinion of the anaesthetic pro- perties of nitrous oxyd, and his choice of that element as a means of producing ansesthesia, by an elaborate process of inductive reasoning ; whereas, in truth, he took it from the suggestion of Dr. Samuel A. Cooley, maie to him during an exhibition of the " laughing gas." I repeat the paragraph of Dr. Wells's letter, that the evidence may be applied to it the more closely: " While reasoning from analogy, I was led to believe that the inhaling of any exhilarating gas, sufficient to cause a great ner- vous excitement, would so paralyze the system as to render it in- sensible to pain, or nearly so — for it is well known that when an individual is very much excited by passion, he scarcely feels the severe wound which may at the time be inflicted, and the indi- vidual who is said to be 'dead drunk' may receive severe blows, apparently without the least pain, and when in this state is much more tenacious of life than when in the natural state. I accord- ingly resolved to try the experiment of inhaling an exhilarating gas myself, for the purpose of having a tooth extracted. I then obtained some nitrous oxyd gas, and requested Dr. J. M. Riggs to perform the operation at the moment when I should give the sig- nal, resolving to have the tooth extracted before loosing all con- sciousness. This experiment proved to be perfectly successful — it was attended with no pain whatever. I then performed the same operation on twelve or fifteen others, with the same re- sults." On this particular point, in a deposition given at the request of the representatives of Dr. Wells, Dr. Cooley says : " State of Connecticut, ) County of Hartford. ) " I, Samuel A. Cooley, a citizen of Hartford, county of Hartford, State of Connecticut, depose and say, that on the evening of the 10th day of December, in the year 1844, that one G. Q. Colton gave a public exhibition in the Union Hall in the said city of Hartford, to show the efiect produced upon the human system by the inhaling of nitrous oxj'd or laughing gas ; and, in accordance with the request of several gentlemen, the said Colton did give a 17 private exhibition on tbe morning of December II, 1844, at the said hall ; and that the deponent then inhaled a portion of said nitrous oxyd gas, to ascertain its peculiar effect upon his system 3 and that there were present at that time the said Colton, Horace Wells, C. F. Colton, Benjamin Moulton, and several other gentle- men, to the deponent at this time unknown ; and that the said deponent, while under the influence of the said gas, did run against and throw down several of the settees in said hall, thereby throw- ing himself down, and causing several severe bruises upon his knees and other parts of his person ; and that, after the peculiar influence of said gas had subsided, his friends then present asked if he had not injured himself, and then directed his attention to the acts which he had committed unconsciously while under the operation of said gas. He then found by examination that his knees were severely injured ; and he then exposed his knees to those present, and found that the skin was severely abrased and broken; and that the deponent then remarked *that he believed that a person might get into a fight with several persons and not know when he was hurt, so unconscious was a person of paia while under the influence of the said gas ;' and the said deponent further remarked, * that he believed that if a person could be re- strained, that he could undergo a severe surgical operation with- out feeling any pain at the time.* Dr. Wells then remarked * that he believed that a person could have a tooth extracted while un- der its influence, and not experience any pain ;' and the said Wells further remarked *that he had a wisdom tooth that trou- bled him exceedingly, and if the said G. Q. Colton would fill his bag with some of the gas, ho would go up to his office and try the experiment,' which the said Colton did ; and the said Wells, C F. Colton, and G. Q. Colton, and your deponent, and others at this time unknown to said deponent, proceeded to the office of said Wells ; and that said Wells there inhaled the gas, and a tooth was extracted by Dr. Riggs, a dentist then present ; and that the said Wells, after the effect of the gas had subsided, exclaimed * A new era in tooth-pulling!'" On the same point G. Howell Olmstead, Jr., says : " In answer to your question, I would state that I wish to ren- der justice to all parties concerned. Having been connected in business with Dr. Wells, and being very intimate with him, we had a great many conversations together about the effect of the gas, and in those conversations he always told me he derived his first idea of the matter from remarks made by Dr. S. A. Cooley, at a private exhibition of laughing gas, given at the Union Hall, in this city, in the winter of 1844 or 45; and that, from those remarks, and what he witnessed himself, he immediately applied it to his own business." But enough of this, I do not use it to depreciate the experi- ments of Dr. Wells, for if the idea which he attempted to carry 3 18 out, and the means used by him were really worth anything in his hands, it is of no importance where he got them, but I refer to It to show that his statement of his own case cannot be relied on for full and perfect accuracy. In his letter, published in Galignani's Messenger, of February 17, 1847, he makes a still wider and less excusable departure from the strict and exact fact. After stating the discovery and the performance of an operation on himself and twelve or fifteen others, he says : " Being a resident of Hartford, Connecticut, (U. S.,) I proceeded to Boston the following month, (December,) in order to present my discovery to the medical faculty — first making it known to Drs. Warren, Hayward, Jackson and Morton, two last of whom subsequently published the same, without mention of our confer- ence. Since this discovery was first made I have administered nitrous oxyd gas and the vapor of ether to about fifty patients, my operations having been limited to this small number in con- sequences of a protracted illness which immediately ensued on my return home from Boston, in January, 1845." Now it is not at all true that either Dr. Jackson or Dr. Morton ^^ published the same,^^ that is to say. Dr. Wells' discovery of, or experiments on the anaesthetic properties of nitrous oxyd, either with or without mentioning their conversation with him. But they published, as he well knew, a very different thing, a discovery which each of them claimed to have made ; namely — that sulphu- ric ether ivas a safe, certain, and efficient ancesthetic agent, and they each claimed, as his own, the introduction of the discovery into use, and approval with the medical profession. He seems willing also to convey the idea that he had used sulphuric ether as an anaesthetic agent prior to September 30, 1846, the date of Dr. Morton's public announcement of this discovery ; but, as I have already shown, it is not true that he did so. Dr. Wells says, in this paper, that his operations were limited to a small number of cases "in consequence of a protracted illness, which immediately ensued on my return home from Boston, in Janu- ary, 1845." This is not strictly true if it be given as the whole cause of his limited operations. J5r. Wells proclaims his experiment afailurey and abandons Ances- thesia. Dr. Samuel A. Cooley says that he conversed with him just after his return "from Boston, where he had made an experiment which had proved a failure." The witness says : " He then said to me that he was disappointed in the effects of the gas, and that it would not operate as we had hoped and thought it would, as there was no certainty to be placed upon it ; and, consequently, he should abandon it, as he had so much other business to attend to, and as the gas would not operate in all cases alike, and therefore could not be trusted." 19 So that, although he may have been ill, in the year 1845, he had made up his mind to abandon his supposed discovery as a failure, from the time of his unsuccessful experiment in Boston, until the wonderful success and eclat of Dr. Morton's anaesthetic agent, sulphuric ether, led him to hope that he would be able to contest with him the honor of the discovery. Mrs. Wells, who has testified in support of her deceased hus- band's claim, says : " For some months previous to the delivery of a course of chem- ical lectures by Mr. G. Q,. Colton, in the city of Hartford, Decem- ber, 1844, Dr. Wells had turned his attention to the discovery of some means of rendering the human sj^stem insensible to pain snder dental and surgical operations, and made several experi- monts in mesmerism with reference to that object." And P. D. Stillman says: "About the year 1844, I was frequently in Dr. Wells's room ; he was making experiments — some in mesmerism — also in gas." Success of Nitr^ous Oxyd dependent on Mesmerism. And it is well known that about that time the world was full of exactly that kind of experiment. Dr. Wells appears to have connected mesmerism in practice with the nitrous oxyd, making out of the elements of both the principal means by which he brought about whatever success he in fact attained. " When I commenced giving the gas, I noticed one very re- markable circumstance attending it, which was, that those who sat down resolving to have an operation performed under its in- fluence, had no disposition to exert the musclar system in the least, but would remain quiet as if partially asleep. Whereas, if the same individuals were to inhale the gas under any other cir- cumstances, it would seem impossible to restrain them from over exertion." And Dr. Marcy, one of the principal witnesses in support of Dr. Wells' claim, in his statement No. 4, speaking of one of Dr. Wells' experiments, says: " By this experiment, two important, and to myself, entirely new facts, were demonstrated: 1st, that the body could be ren- dered insensible to pain, by the inhalation of a gas or vapor, cap- able of producing certain effects upon the organism ; and 2d, when such agents were administered to a sufficient extent, for a definite object, and with a suitable impression being previously produced upon the mind, that no unusual mental excitement, or attempts at physical effort, would follow the inhalation." And there is no doubt whatever that in slight operations, such as those of dentistry, that the mentally prepared patient, who has a right understanding with the operator, can by the force of im- 20 agination and a strong effort of the will greatl}' modify the pro- per physical effect of an agent such as this. Hence the undoubt- ed success in many cases of mesmerism when used alone in sur- gical operations. That Dr. Wells had a fall appreciation of this great philosophic truth is clear, from his parting advice to Dr. Cooley, from whose insensibility to pain when under the influence of the "laughing gas," he originally obtained his conception of ancBsthesia. Dr. Cooley in his second statement says, in reference to a partnership into which he and' Dr. Wells had entered — " Ans. 6. The first intimation I had that Dr. Wells did not in- tend to carry out our partnership arrangement with me, was when he informed me, several weeks after this arrangement was entered into between us, that he had just returned from Boston, where he had made a public experiment which had proved a fail- ure. He then said to me that he was disappointed in the effects of the gas, and that it would not operate as we had hoped and thought it would, as there was no certainty to be placed upon it ; and, consequently, he should abandon it, as he had so much other business to attend to, and as the gas would not operate in all cases alike, and therefore could not be trusted. He advised me to go on with my exhibitions, and thought I could make money out of them, and that, although he had got through with his ex- periments in the business, he would assist me in any way he could, in or.ier that I might succeed in my lectures ; and suggest- ed to me to connect with my lectures and administering the gas, mesmerism, and the use of a card of questions which he had pre- pared — so arranged that a correct answer could be given, by a person in an adjoining room, as to the time of day, &c., by the particular manner in which the question was asked. Feeling some confidence that by following his suggestions ] should realize sufficient from the lectures to reimburse me for my time and ex- penses while in company with him, the matter was then dropped between us, and 1 pursued my lectures." And it is not at all surprising, that an anaesthetic agent, which required for its successful exhibition mesmeric or other mental preparation of the patient, should fail when tested in the Medi- cal Hospital of Massachusetts. Dr. Kiggs expresses the opinion, in one of his numerous siatemeiits, that if the Medical Hospital, which does so much honor to the city of Boston, had, with all its learned Professors, been placed in Hartford, Dr. Wells would have been the recognised discoverer of anaesthesia; and nitrous oxyd would have been the great anaesthetic agent. It strikes me as much more probable, if that noble institution, with its learned professors, had been in Hartford, that the nitrous oxyd, if it had appeared for a moment, as an anaesthetic agent, would not have lived out iis one short month, but that it would at an earlier day have met the fate which it did meet at its firsi: appearance in that hospital. Dr. Wells testifies to the kindness and attention of the 21 Professors. Dr. Morton aided him with his instruments in his experiments, and there can be no just pretence of partiality or unfairness. His experiment there, by his own admission, was a failure, and he therefore determined to abandon the use of this gas as uncertain and unreliable. Dr. Wells notoriously relinquishes his experiments in January, 1845. That he did abandon it is understood. His first publication af- ter he returned from Europe, March 30, 1847, does not claim to have used it after his failure in Boston, but apologizes for his omission to do so. He says : "The question is asked, why so much time has elapsed since its first discovery, without its coming into more general use, I can only say, that I have used my utmost endeavors, from the first, to influence physicians and surgeons to make a trial of it, assuring them that my operations were numerous, and perfectly success- ful. But all were fearful of doing some serious injury with it ; and not wishing to incur the responsibility of administering this powerful agent without the co-operation of the medical faculty, and also for the reason that I was obliged to relinquish my pro- fessional business in consequence of ill health, my operations have been somewhat limited." Dr. Wells was afraid to administer the nitrous oxyd without the "co-operation of the medical faculty." But they would not co-operate. Of them he says: ^^ All were fearful of doing some serious injury with it^ That is true. So they were, and so they would be now if its use were again proposed. The medical fac- ulty are, as a body, cautious, but not timid. They were afraid to use nitrous oxyd, lest they should do serious injury with it ; but they were not afraid to use sulphuric ether when its anaesthetic qualities were made known to them. They received the an- nouncement of its discovery with shouts of exultation ; there was an end o^ pain, and end of mesmerism as a pain subduing agent ; and it was at once received into universal uso by the medical faculty. And the witnesses speak of it as a thing understood, that Dr. Wells ceased his experiments and gave up the pursuit until after the time the discovery of Dr. Morton had obtained universal use and celebrity. Dr. Ellsworth, speaking of his failure in Boston in the winters of 1844-5, says: " He presented it to Dr. Warren, who laid it before his class, but the experiment first attempted partially failing, and no one seeming willing to lend him an helping hand, he ceased making any further personal efforts." Dr. Cooley says: " I knew of Dr. Wells going to Boston, soon after the noise in the papers of the discovery of the effects of ether by you. in 1846, 22 and had a conversation with him, on his return, abont your dis- covery. He made no claim to me of the discovery being his ; but, on the contrary, expressrd regrets that we had not continued our experiments to a successful termination." Howell Olmstead, junr., says : "During the winter of 1845 and spring of 1846, Dr. Wells made application for a patent for a ' shower bath,* in his name, which Col. Thos. Roberts claimed to be equally interested in. Their respective claim was left to the decision of Francis Parson, Esq., of this city, and decided in Dr. Wells' favor. I then made arrangements with Dr. Wells to travel and dispose of rights to manufacture his baths, and at that time I considered that he had abandoned the thing entirely, as he expressed himself to me that the operation in some cases proved a perfect failure, and spoke of his unsuccessful trial in Boston in 1845. * * * * "About this time the effects of ether had become public in Boston, and he expressed himself as being very sorry that he had not prosecuted his experiments to a successful termination ; and he also regretted his stopping the matter when he did, for he thought an immense fortune might be made out of the business, and that the discovery would reflect great honor upon the dis- Dr. Wells cordially recognises Dr. Morton's discovery. It is very certain too, that Dr. Wells, at the time Dr. Mortop's discovery was communicated to him, and thereafter, until the as- sured success of that discovery astonished, and overwhelmed him, recognised the kind and friendly acts of Dr. Morton toward him- self, and did not conceive himself injured by Dr. Morton's having made and claimed the honor of discovering a safe and practical anaesthetic agent. Witness his letter to Dr. Morton of October, 1846, in reply to one of Dr. Morton, informing him of his dis- covery and his advice to Dr. Morton, given in the presence of R. H. Eddy. They are as follows : " Hartford, Connecticut, October 20, 1 846. "Dr. Morton — Dear Sir : Your letter dated yesterday, is just received, and I hasten to answer it, for I fear you will adopt a method in disposing of your rights, which will defeat your object. Before you make any arrangements whatever, I wish to see you, I think I will be in Boston the first of next week — probably Monday night. If the operation of administering the gas is not attended v/ith too much trouble, and will produce the effect you state, it will, undoutedly, be a fortune to you, provided ic is rightly managed. " Yours, in haste, H. WELLS." 23 Here follows the statement of R. H. Eddy, Esq., as to the inter- view between Drs. Morton and Wells : Interview between Drs. Morton and Wells. "Boston, February 17, 1847. "R. H. Dana, Esq — Bear Sir: In reply to your note of this morning, I have to state that about the time I was engaged in preparing the papers for the procural of the patent, in the United States, on the discovery of Dr. Morton for preventing pain in sur- gical operations, by the inhalation of the vapor of sulphuric ether, I was requested by Dr. Morton to call at his office to have an in- terview with the late Dr. Horace Wells, who was then on a visit to this city, and who. Dr. Morton thought, might be able to render him valuable advice and assistance in regard to the mode of dis- posing of privileges to use the discovery. Accordingly I had an interview with Dr. Wells. During such meeting we conversed freely on the discovery, and in relation to the experiments Dr, Wells had been witness to in the office of Dr. Morton. The de- tails of our conversation I do not recollect sufficiently to attempt to relate them, but the whole of it, and the manner of Dr. Wells at the time, led me, in no respect, to any suspicion that he (Dr, Wells) had ever before been aware of the then discovered effect of ether in annuling pain during a surgical operation. Dr. Wells doubted the ability of Dr. Morton to procure a patent — not on the ground that he (Dr. Morton) was not the first and original dis- coverer, but that he (Dr. Wells) believed the discovery was not a legal subject for a patent. He advised him, however, to make application for one, and to dispose of as many licenses as he could while such application might be pending ; in fact, to make as much money out of the discovery as he could, while the excite- ment in regard to it might last. I must confess that when, some time afterwards, I heard of the pretensions of Dr. Wells to be con- sidered the discoverer of the aforementioned effect of ether, I was struck with great surprise, for his whole conversation with me, at the time of our interview, led me to the belief that he fully and entirely recognized the discovery to have been made by Dr. Mor- ton, or at least partly by him and partly by Dr. C. T. Jackson, as I then supposed. " Respectfully yours, R.'H. EDDY." From this letter, and from the conversation above detailed, it is clear that Dr. Wells not only did not feel himself wronged by Dr. Morton, but that he did not think himself in possession of an available anassthetic agent. He could not fail to know, and on his return home he declarded he did know that Dr. Morton's "compound" was sulphuric ether, and his conversation on this occasion also shows that he did not then claim to have been the discoverer of its application as an ansesthetic agent. M Further recognition of Dr. Morton^s discovery by Dr. Wells, It shows, a]so, that he thought Dr. Morton's discovery as well as his own, a humbug, though he does not say so. He was ap- prised that Dr. Morton w^as about to apply for a patent, and be did not believe he would get one. He advised him to sell licen- ses while his application was pending, and make as much money out of it as he could while the excitement lasted — very like the advice which he gave to Dr. Cooley as to the use he should make of the nitrous oxyd. He was evidently impressed with the belief that the success of Dr. Morton's anaesthetic agent depended, also, to some extent, on the mental preparation of the patients. Dr. Wells and friends lose all confidence in Nitrous Oxyd. But I am prepared to shov^, beyond all cavil, that neither Dr. Wells nor Dr. Riggs, nor Dr. Marcy, had any confidence in nitrous oxyd as an anaesthetic agent. They did not believe it to be efficient^ and at the same time, safe. They had used it only in dental ope- rations prior to the discovery of Dr. Morton, and they were satis- fied, that in those operations, it ought not to be used. The Hon. James Dixon, an intelligent man — a member of Con- gress, and the friend and advocate of Dr. Wells, thus testifies : Ques. Did you ever have a conversation with Dr. Wells in regard to the use of nitrous oxyd, in which he discouraged its use by you in having teeth extracted ; if so, state fully the conversa- tion ? Ans. I had repeated conversations with Riggs and Wells. Think both said that for so slight an operation as pulling teeth they would not advise its use, but that in severe surgical opera- tions, as amputation, it should be used, but in slight operations it was not best to run the risk of using the gas. Mr. Dixon was a man whose life and health were of value, it would not do, therefore, to overdose him with nitrous oxyd, lest it should superinduce asphyxia. He was an intelligent man, who could not by previous mental discipline be induced to feel no pain, or pretend that he felt none, under the influence of a moderate and safe inhalation ; those gentlemen, therefore, both advised him, and I have no doubt honestly and well, that "in slight operations" as pulling of teeth, "it was not best to run the risk of using the gas," and there was not much probability of his calling on them to administer it "in a severe surgical operation,'* but if he had so called, I have no doubt they would both, as hon- estly, and more decisively, have advised him against its use. Indeed, in some few cases, in slight operations, and on probably peculiar constitutions, the operation of the gas appears to have been successful and innocent. But we have here the distinct avowal of both Drs. Wells and Riggs, that they did not consider it generally so, but thought its effects ought not to be hazarded 25 except in severe surgical operations. Why did they not tell all their customers so? If they had done this the writer of the " Examination" might, with some show of propriety, have talked of their "sincerity, rectitude, truth, and honor." Entertaining the opinions which they did entertain, and which, when consulted by an intelligent man and a friend, they both ex- pressed, how could these men hold out the false pretence which they were then holding out to the public? How dare they ad- minister their dangerous nostrum to patients, who, though per- haps poor and ignorant, have human feelings and human souls, and who relied the more fully because of their own want of knowledge, on the truth of their physicians, and trusted their own lives and health, and the lives and health of their wives and chil- dren the more implicitly in their hands? It seems, however, that they could do so, and yet, in the opinion of the writer of the " Examination," be men of "sincerity, rectitude, truth, and honor." Mr. Dixon was not mistaken in his recollection, nor is he, on another occasion, much nearer the time of its occurrence, detailed a similar conversation with Dr. Wells to Mr. Edward Warren, who testifies to it as follows : Further proof that Dr. Wells had abandoned the use of Nitrous Oxyd. " 1st. Do you recollect a conversation in Washington with Hon. James Dixon ? When and what was it ? " Ans. While in Washington, endeavoring to induce our Gov- ernment to introduce this discovery into the army in Mexico, and after getting the matter referred to a select committee of the House of Representatives, I learned with some surprise, that the Hon. James Dixon, a member of Congress Irom Connecticut, and townsman of Dr. Wells, had sent in a sort of informal protest to the committee's further proceedings, until a constituent of his. Dr. Wells, had furnished certain testimony in his favor. This was early in January. I immediately called on Mr. Dixon, who stated that Dr. Wells had requested his assistance, and had promised to furnish him certain evidence of his claims; but, having gone to Europe without procuring it, he did not think it would arrive at all, and, if not by a certain day, then near at hand, he would aid me in my efforts; at the same time saying, as near as I can recol- lect, that, about two years before, he had heard that Dr. Wells was making some experiments with nitrous oxyd gas, to prevent pain in extracting teeth; that, having a severe toothache, he called on him, proposing to take this gas, but that Dr. Wells in- formed him that, after giving it to thirteen or fourteen patients, with only partial success, he had abandoned its use as dangerous, and dissuaded him from resorting to it." 26 . Nitrous Oxyd discredited as an AncBstJietic agent by Dr, WelWs experiments. Dr. Marcy, with whom Dr. Wells counselled much, and who operated in and reported the operation on the scirrous testicle above referred to, under the influence of the nitrous oxyd, and certifies to the success of the operation, entertained the same opinion with Doctors Wells and Riggs. He did not believe that nitrous oxyd was at the same time safe and efficacious as an anaesthetic agent. In an article published in the Journal of Com- merce, December 30, 1846, when the medical world was active with Dr. Morton's discovery, he says : "My own opinion in regard to the use of the nitrous oxyd gas, the sulphuric ether, or an other stimulant, which acts upon the system in such a manner as to render the body insensible to ex- ternal impressions, is, that it is decidedly unsafe, and that in no given case can we be certain that it will not cause congestion of the brain or lungs. I have known the use of both the first named articles to give rise to temporary congestion of the brain and in- sanity." He was so well satisfied that nitrous oxyd w^as a failure, that be could have no faith in any ancesthetic agent. The state of the discovery then stands thus: On the 7th day of December, 1846, two months after Dr. Morton's announcement. Dr. Wells claims to have administered the nitrous oxyd as an anaesthe- tic agent in twelve or fifteen ordinary cases of dentistry, at Hart- ford. He formed the opinion, and he expressed it to the Hon. Mr. Dixon, that it was dangerous and ought not to be used in such slight cases. His nearest and most intimate friend and supporter. Dr. Riggs, expressed the same opinion. Dr. Wells had tried it once in the Medical Hospital of Boston — it proved a failure. On his return to Hartford he told Dr. Cooley, with whom he had agreed to form a partnership lor its use, that "it would not ope- rate as we hoped and thought it would, as there was no certainty to be placed in it ; and consequently he should abandon its use," and he did abandoned it and go into other business ; dealing in patents for sifters for coal ashes ; bath-tubs, and finally deal- ing in pictures. Not more than one or two cases of his use of the nitrous oxyd in tooth pulling is even doubtfully proved after his return from Boston, in the winter of 1844-45 ; and except in the case of his exhibition at Boston he had never extended its use be- yond the circle of his own friends in the city of Hartford ; and if he, or any of the small circle of friends who took their opin- ions on the subject from him, thought or said anything about sulphuric ether^ it was merely to pronounce it inferior to nitrous oxyd for the purpose of anaesthesia. Now let us suppose that all he did, and all he thought, and what he said on this subject to his confidential friends, as far as we have been able to gather it from the evidence, had been laid at 27 once before the medical profession of America and Europe, would they have received it ; would they have been justified in re- ceiving it as a discovery of practical anaesthetic qualities in ni- trous oxyd? Would they, as the professional and trusted protec- tors and preservers of human life and human health have been justified in bringing it at once into general use in their practice ? A negative answer to these questions, and a negative they must have, answers away Dr. Wells' claim. Anaesthesia generally had gained nothing by his experiments, they did not stand as well as the reported experiments of Mr. Daunol with the ingredients of the spongi somnifera. Nitrous oxyd did not stand as well in his hands as it did when it came out of the hands of Sir Hum- phry Davy. Dr. Wells did not prove that nitrous oxyd was a safe, certain, and efficient ancBsthetic agent, and he did not reason- ably satisfy the medical profession that it was so. On the con- trary, he proved to his own satisfaction that it was not either certain, efficient, or safe, and the only instance in which he pre- sented it to a medical public out of his own circle of private friends was that in the Medical Hospital at Boston, where it was considered a '' humbug. ^^ This is all that Dr. Wells had done for anaesthesia prior to the discovery by Dr. Morton; and the public an- nouncement of that discovery, and its universal and enthusiastic reception by the learned medical faculties of Europe and America. Attempt to rival Sulphuric Ether by a revival of Nitrous Oxyd. Subsequent to that time a faint effort was made by Doctor Wells and a few of his professional friends in Hartford, to revive the use of nitrous oxyd as an anaesthetic agent — to extend its use and make it a rival to sulphuric ether — evidently with the hope of being able to connect subsequent experiments, if they could make them successful, with the past, which so far failed that they were abandoned, and of the two to make out the first available discovery. Dr. Cooley in answer to interogatories, says : "Ques. You say, moreover, that you administered gas when requested so to do by surgeons and dentists. Was not this sub- sequent to the ether discovery ? " Ans. 8. Yes, it was after the ether discovery, in 1846, that I administered the gas for surgeons and dentists — there then being an attempt, by us all, to renew the experiments, as the public and ourselves had lost confidence and doubted the practicability of the thing, until the successful introduction of ether. I administered gas for Dr. Ellsworth, an intimate friend of Wells, and also to several others." Second failures of Dr. Wells in attempting to introduce Nitrous Oxyd. The first attempt of which we have any proof, beyond the slight operation of pulling teeth, for which Dr. Wells had, as al- ready shown, condemned its use, was by Dr. E. Marcy, on the m 17th of August, 1847. He pronounces the operation successful. It was in its nature a very brief one — the removal of a scirrous testicle. This patient, he says, did, at the first incision, manifest some pain, but afterv^^ards, till the operation ended, there was not the slightest consciousness. Dr. Wells administered the gas. The object of the experiment with the ^as^ was to make it a rival of sulphuric ether ^ already established in the profession. It was intended to make and prove a case — a foregone conclusion in the minds of all present except the subject of the operation ; from him we hear nothing. If prudence had dictated it, his certificate or affidavit might have been taken ; but it was not. Dr. Taft, however, forgetting the slight manifestation of pain testified to by Dr. Marcy, says the part was removed without pain to the patient. The next in the order of time, is the case of Goodale, whose thigh was amputated by Dr. Ellsworth on the 1st of January, 1848, in the presence of Drs. Hall and Hawley. Dr. Wells administered the gas. Dr. Ellsworth commences his report of the case with an apology: "The lad was in a very unpleasant state of mind, being greatly alarmed at the number of persons standing round, yet ten or twelve inspirations rendered him perfectly quiet." He had sen- sation during the sawing of the bone, but Dr. Ellsworth thinks it was not pain. The effect of the gas went off* before the opera- tion was completed; the lad complained bitterly, and the gas had to be again administered, which made him quiet. On the whole, Dr. Ellsworth thinks it a favorable operation. Dr. Hall says, " the boy during the operation was entirely quiet^^ and he thinks the operation " very successful." In this he does not agree with Dr. Ellsworth, unless in his opinion the whole operations consisted in lopping off* the limb. Dr. Hawley says " this operation was performed with, apparently, little suffering by the boy; and on inquiry after the operation, he replied that he felt no pain when the limb was amputated." The boy's certifi- cate or affidavit was not originally taken by Dr. Wells, but he was afterwards examined in behalf of Dr. Morton, and testified as follows : Ques. What is your residence, age, and occupation ? Ans. I reside in East Hartford, my age nineteen years, am a cigar maker. Ques. Have you had a leg amputated, by whom and when, and was anything administered to you to prevent pain, if yea, when and by whom ? Ans. I had a leg amputated by Dr. Ellsworth, I think 1st of January, 1848 ; something was given me to prevent pain by Dr. Wells, I inhaled it from a bag. Ques. How many times did you inhale from the bag ? Ans. Twice. Ques. Will you state whether Ellsworth requested Dr. Wells to give it again because you were in much pain ? 29 Ans. He did. Qiies. What did Dr. Wells say when Dr. Ellsworth requested him to give more gas? Ans. He said he thought it would not be best as I was too weak to have any more. Ques. Did Dr. Wells decline giving any more.i' Ans. He did. His deposition was again taken in behalf of Dr. Wells' repre- sentatives January 25, 1853, and is as follovi^s: Deposition of Henry A. Goodale, of Hartford, Connecticut. "I, Henry A. Goodale, of Hartford, being of lawful age, depose and say : That I resided in East Hartford in 1848, at which time, on the 1st January, my leg was cut off by Dr. Ellsworth in the presence of Dr. E. Hall, Dr. H. Weils, Henry Kilbourn, and others, but I do not remember who at the exact time of the operation. Dr. Wells gave the gas out of a large bag. I was afraid in first to take the gas, but final iy was pursuaded so to do. Do not remem- ber being taken up and brought to the edge of the bed. Remember seeing the knife, but not until the operation was over. Do not remember when the knife entered the flesh, did not remember when the knife was cut out, think 1 felt a kind of jar when the bone was sawed. Do not remember when Dr. Ellsworth cut off the large nerve, but remember taking gas several times. Was not sensible of suffering during the cutting and sawing. When Dr. E. began to sew up the wound it hurt me a great deal, and I asked for the gas, do not know whether more was given or not. I felt pain after the leg was taken off while it was being dressed, and after I was put back into bed. Do not think that I felt any pain until the leg was off. Am sure I was a great deal better off for taking the gas, than I should have been otherwise. 1 think the gas was given twice and refused once when I asked for it. I think some one said 1 was too weak to bear any more ; this was while the stitches weie being taken. Do not remember with cer- tainty who said I was too weak. I stated in a former deposition, if I remember right, in reply to the question, "whether 1 expe- rienced pain during the whole operation," that 1 did. I think this has been misunderstood, for I did not mean that 1 experienced pain continually during the operation, but merely that during the operation there was a time when J experienced pain, and that was during the dressing and tying the arteries, meaning the time afier the leg was removed, but not the whole time when Dr. E. began to cut until ttie stump was done up, but only during the part as before expressed toward the close, during the dressing and tying the arteries". ••HENRY A. GOODALE." H irrford, January 25, 1853. Sworn before H. L. RIDER, N. F. 30 The whole case, as reported and proved, shows what may be not inaptly called a bungling operation. The anaesthesia was imperfect, and not continuous — the boy had sensation and suf- fered pain — and Dr. Wells was evidently afraid, and with good reason, so to administer the gas as to make insensibility perfect, and he dared not continue it to the close of the operation. The next and last case was that of Mary Gabriel, to whom Dr. Wells administered " the gas," and from whose right shoulder Dr. S. B. Berresford removed a fatty tumor weighing 6^ ounces. We have the affidavit of the patient: a perfect state of ansBSthesia was produced, closely bordering on asphyxia, and she felt no pain ; but Dr. Berresford, who is evidently a friendly though an honest witness, testifies thus : Ques. Was the above operation as successful and satisfactory as any you have ever performed with any other anaesthetic agent ? Ans. It was quite as successful as any, so far as destroying sen- sibility was concerned. Ques. You say the operation you have spoken of was quite as successful as any you ever performed, so far as destroying sensi- bility was concerned. In what was the operation not as suc- cessful? Ans. The patient was very faint and depressed' for about half an hour after recovering her perception. Ques. Was not the administration of the gas in this case at- tended with asphyxia? Ans. I think not. Ques. What v/as the appearance of the face of the patient? Ans. At this distance of time I cannot remember, to speak with precision. Ques. Have you any idea that Dr. Wells ever perfected, and brought into general use, nitrous oxyd gas as an anaesthetic agent in surgical operations? Ans. No, sir ; I do not think he did. Ques. Is nitrous oxyd, in your judgment, a valuable anaesthetic agent in surgical operations ? Ans. I have never used it, but in the case above alluded to, and give a decided preference to chloroforn, in surgical operations. Dr. Berresford saw the danger of the inhalation of nitrous oxyd until anaesthesia became perfect ; and although he thinks asphyxia was not produced in this case, yet he never used the nitrous oxyd again, nor did any one else — that was the end of its career as an anaesthetic agent. It had run the race of its second revival, and was a second time discredited and abandoned. The proof of this is inherent in the transaction itself, as I have briefly sketched it; but there is also extrinsic evidence of the fact. 31 Cyrrel Bullock says : Ques. Have you ever seen nitrous oxyd administered for the purpose of extracting teeth 1 If yea, about vi^hat time, by whom, and where, and was it successful ? Ans. I have, about the year 1846 or 1847, at the house of Mr. P. Holt, in this city, by S. A. Cooley. It was not successful. It was administered that I might extract some teeth, but it did not produce insensibility, and I did not extract the teeth. Ques. What was the effect produced on the patient ? Ans. She appeared wild and restless. Dr. Cooley says : " The last time that I exhibited it was to a lady at Dr. Green- leaf's office, which, in a great measure, proved a failure, and then ether and chloroform assumed the place of the gas, and opera- tions were more successful in the use of them ; and since then I have had but little to do with the matter, as other business has taken up my time and attention." And Dr. Greenleaf says of that exhibition ; Ques. Have you ever made use of nitrous oxyd gas in your den- tal business, to prevent pain in extracting teeth ? Ans. No, sir. Ques. Have you ever seen it administered ; and, if so, by whom, and where ? Ans. I saw it administered once, by Dr. S. A. Cooley, which produced vomiting. This was at my office. Ques. V/as the experiment entirely unsuccessful ? Ans. Yes. And this was the end. I have thus hastily sketched sihe process of reasoning which has brought me to the opinion which I have already announced, as to the respective claims of Dr. Wells and Dr. Morton, to the honor of hav- ing given to his country and the world a safe, certain, and efficient anaesthetic agent. I could have wished to go more fully and minutely into the examination of the question, but the near ap- proach of the close of the session, and the consequent pressure of business upon me, admonish me that I must have done. And I am gratified to be able to refer, in support of the leading opinion which I have expressed, to the appended memorial signed by a list of names in the medical and surgical profession which would do honor to any age or any country. Refutation of personal abuse in the "Examination.^^ Before concluding, however, justice demands a vindication of the character of Dr. Morton, libelled and villified as it is by the author of the " Examination," and of this I will merely say : That the IXth head of the publication and the statements there- in contained, so far as they impeach the integrity and propriety of 32 the conduct of Dr. Morton, or impute to him an attempt to silence the Wells claim by money, are false. Of this I am assured by the persons whose names are vouched to substantiate the charges; but as it will, doubtless, be a subject of future investigation, it is not my province to enter upon it, even did time permit. Equally false are the assertions in the "Examination," that the letter from Dr. Wells, dated October 20, 1846, was improperly obtained from him, and then printed in 1852, from a copy fur- nished by Dr. Morton, which differed in a material point from the original. His letter itself, was filed by the representatives of Dr. Wells, from which the copy in the report was printed, the com- mittee themselves comparing it with the proof sheets. Another paragraph, on page 80, shows that the writer entirely lost sight of the truth, in attempts to invest his arguments with spu- rious strength, derived from an unhallowed alliance with slander- ous invective. Dr. Wells, we are informed, " perished by his own hand, in a paroxysm of insanity, induced, as many of his friends believe, by the excitement and irritation of this controversy with Morton." Now, files of the New York papers show that the un- fortunate man cotumitted suicide in a prison cell, to which he had been committed for throwing vitriol upon the daughters of shame who promenade Broadway. Yet his death is now unhesitatingly laid at the door of Dr. Morton, with an envenomed effrontery rarely witnessed, which has invited this statement of unfortunate truths. In this same paragraph, after having thus outrageously defied the die rates of truth and respect to the memory of the dead, the writer indulges in one of the phantasies which his partisan ima- gination delights to conjure up. "Dr. Wells," we are informed, "did not live to receive the cheering news of the final recognition of his claims by the highest medical authority of Europe." What was this tribunal? The Institute of France, (which aw^arded to Dr. Morton its largest gold medal) — the famed Medical College at Paris — or one of the similar institutions in other large cities ? Not at all. We find on the preceding page a statement that the recog- nition came trom the "Parisian Medical Society" — a simple un- chartered societ)^ formed a few years since by English and Ameri- can students, (with a few exceptions,) who united themselves in a foreign land to rehearse their exploits at the dissecting table, and to accustom themselves to converse about their profession. And it is this social club which the author of the "Examina- tion" magjiifies into "the highest medical authority in Europe." Arguments like these, which have no foundation save in the posi- tive imagination of their coiner, show the real weakness of iho cause they are intended to sustain, backed by gross libels and de- famatory charges. It is in vain to attempt success by depreciating the character or capacity of Dr. Morton. He is recognised wherever known, as a man of integrity and honor, of great enterprise and of high 33 capacity. Conscious of his original claim to this glorious discov- ery, he has decidedly asserted his rights when necessary, amidst sore bufFettings of fortune, and the close-cleaving malignity of powerful adversaries, certain that he would eventually receive a universal recognition of his position. Institutions, learned men, and able jurists, both at home and abroad, have gradually united in awarding to him the glory of a discovery that will solace his declining years, and impart to his memory a hallowed radiance, as a benefactor of the human race. He proposed to the select committee (as his printed memorials on the files of the Senate show) a projet of the bill now reported, referring the subject to the decision of a judicial tribunal, and has ever avowed his readiness — in the noble language of De Foe — "to stand or fall by the public justice of his native land."