Page:Federal Reporter, 1st Series, Volume 10.djvu/853

HOSTETTEB V. ADAMS. 841 �upward. The second and third linea are horizontal. The letters in the first, third, and fourth Unes are shaded. The appearance pre- sented by those four lines, as to tho size and character and shading of the letters in the oorresponding lines, and as to omamentation in flourishes and dashes, is identioal with the appearance presented by the oorresponding four lines in the plaintiffs' label, as to the same partieulars, except the difference resulting from substituting the words "Clayton & Eussel's" for the word "Hostetter's," Underneath the fourth line is a horse, with harness and caparison and saddle upon him, vaulting in the air towards the right, with his hind feet on the ground and his fore feet in the air, mounted by a man with cloth- ing on his trunk and feet, and a helmet, with wings on his head, and in his right hand a spear, with which he is striking at a scor- pion on the ground in front of him. The horse has a sweeping tail. The horse, man, and scorpion are dark on a white ground. They and the four lines above them occupy respectively the same space up and down as the oorresponding parts in the plaintiflFs' label. Below them, commencing at the same point as in the plaintiffs', is a shield, which has a dark ground, with letters printed on it in white. There are 15 lines. The lines are all the same size of type, and the size of the type in line 1 in the plaintiffs'. The reading of the 16 lines, divided into lines, is this : �(1) " The bitters of Clayton & Eussell will be " (2) " found a highly aromatic liquid aud en-" (3) " tirely free from injurious substances." (4) " One wine- glassful taken three times " (5) " a day before meals will be a swif t " (6) " and certain cure for dyspepsia a" (7) "mild and safe invigorant for delica-" (8) "te females a good tonic preparation " (9) "for ordinary family purposes a" (10) "powerful recuperant after the" (11) " frame has been reduced by " (12) "sickness an excellent app-" (13) etizer and an aRreeable" (14) "and wholesome" (15) "stimulant." �Ail the letters in the shield are capitals. The line of the top of the shield is made up of four eurves, and corresponds in all respects with the line of the top of the shield in the plaintiffs'. The shield is the same size and shape as the plaintiffs', and has a oorresponding space on each side, filled in with engraved work, waving in charac- ter, though larger in detail than in the plaintiffs'. The lower point of the shield cornes down to the same point as in the plaintiffs*. Underneath the shield, in a parallelogram, are the words : "Vendera do net require a liquor-dealer'fl license, being a medicinal compound." There is a border around the whole label of about the same width aa ��� �