New Brunswick, Canada
13 September 1860
George E. S. Keaton, Informant
Francis Tumblety, Defendant.
CONVICTION FOR OFFENCE AGAINST MEDICAL ACT.
This matter came on for hearing before me, the Hon, Robert Parker, Judge of the Supreme Court, on the tenth day of September, 1860, at my Chambers in Saint John, Mr. Kerr appearing for the defendant and Mr. Bayard for the informant - whereupon, having heard the said counsel, and read the Magistrate's return of the proceedings had before him - it appearing to me that the Magistrate was not warranted in implying that the Defendant by taking and using the title of Doctor of Medicine meant to assert and signify that he was duly registered under the Medical Act of the Province of New Brunswick, when he was not so registered, and that consequently the evidence was not sufficient to sustain the information on that particular charge which the Defendant was summoned to answer - I do, pursuant to the provisions of the Revised Statutes and the said Medical Act, order and adjudge that the said judgement and conviction be reversed with costs.
R. PARKER J. S. C.
The above is a copy of the Judgement on review which I certify pursuant to law
Judge of the Supreme Court
September 10, 1860.
We understand that the amount in dispute (£20) is to be distributed among the poor by Dr. Tumblety.
We have been requested to append the following:-
In this case the information of Dr. Keaton was prepared by Counsel, and not by the Police magistrate or his clerk. It being an important case, the Magistrate required Dr. Keaton's Counsel to take charge of the prosecution.
The Magistrate gave a written judgement, and concluded as follows:-
"I have carefully weighed all the evidence in this case and consider that the defendant, by his representations and practice, has brought himself within the 22nd. section of the Medical Act; that the "Indian Herb" prefixed to the Doctor is nothing but a delusion and a fraud, whole at the same time the word "Doctor" and letters "M. D.", falsely assumed by defendant, are admirably calculated to deceive the weary and unsuspecting."