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+The Project Gutenberg eBook of The tryal of Mr. Daniel Sutton, for

+the high crime of preserving the lives of His Majesty's liege Subjects,

+by means of inoculation, by Daniel Sutton

+

+This eBook is for the use of anyone anywhere in the United States and

+most other parts of the world at no cost and with almost no restrictions

+whatsoever. You may copy it, give it away or re-use it under the terms

+of the Project Gutenberg License included with this eBook or online at

+www.gutenberg.org. If you are not located in the United States, you

+will have to check the laws of the country where you are located before

+using this eBook.

+

+Title: The tryal of Mr. Daniel Sutton, for the high crime of preserving

+       the lives of His Majesty's liege Subjects, by means of

+       inoculation

+

+Author: Daniel Sutton

+

+Release Date: June 27, 2022 [eBook #68414]

+

+Language: English

+

+Produced by: The Online Distributed Proofreading Team at

+             https://www.pgdp.net (This file was produced from images

+             generously made available by The Internet Archive)

+

+*** START OF THE PROJECT GUTENBERG EBOOK THE TRYAL OF MR. DANIEL

+SUTTON, FOR THE HIGH CRIME OF PRESERVING THE LIVES OF HIS MAJESTY'S

+LIEGE SUBJECTS, BY MEANS OF INOCULATION ***

+

+

+

+

+

+  THE

+

+  TRYAL

+

+  OF

+

+  Mr. DANIEL SUTTON,

+

+  FOR THE

+

+  HIGH CRIME

+

+  OF

+

+  PRESERVING THE LIVES

+

+  OF

+

+  His Majesty’s liege Subjects,

+

+  BY MEANS OF

+

+  INOCULATION.

+

+  THE SECOND EDITION.

+

+  LONDON:

+  Printed for S. BLADON, at Nᵒ. 28. Pater-noster-Row.

+

+  M.DCC.LXVII.

+

+

+

+

+  THE

+

+  TRYAL

+

+  OF

+

+  Mr. DANIEL SUTTON.

+

+  Begun in the College on Monday, June 1, 1767.

+

+

+This day Daniel Sutton was brought to the bar of the Court upon

+a _Habeas Corpus_, in order to be arraigned on an indictment for

+preserving the lives of the King’s subjects, found by the grand jury

+for the county of Essex.

+

+_Counsel for the Cr._ Mr. President, there is an indictment for high

+crimes, and misdemeanors, found against Mr. Daniel Sutton, which hath

+been removed into this Court by _certiorari_; the _certiorari_ and

+return thereof hath been filed, and the Prisoner is now brought into

+Court in order to be arraigned.

+

+_President._ Read the indictment.

+

+_Cl. of the Cr._ Daniel Sutton, hold up your hand. You stand indicted

+by the name of Daniel Sutton, late of the town of Ingatestone, in

+the county of Essex, for that you by inoculating, and causing to be

+inoculated, and by means of certain secret medicines and modes of

+practice, unknown to this College and to all other practitioners, not

+having the fear of the College in your heart, do presume to preserve

+the lives of his Majesty’s liege subjects; and that more especially

+during the three years last past, you have inoculated, or caused to be

+inoculated, twenty thousand persons, without the loss of one single

+patient by inoculation, contrary to the statute in that case made and

+provided.

+

+Then the twelve jurors were sworn and counted.

+

+_Cl. of the Cr._ Cryer, make proclamation.

+

+_Cryer._ O yes! If any one can inform, &c.

+

+_Cl. of the Cr._ Daniel Sutton, hold up your hand. Gentlemen of the

+jury, look upon the prisoner and hearken to his cause.

+

+_Couns. for the Cr._ Mr. President, and gentlemen of the jury, this

+indictment is for the high crime of preserving the lives of his

+Majesty’s subjects by means of inoculation, and particularly by modes

+of practice and the exhibition of certain medicines unknown to this

+College, and to all others who practise the art of healing.

+

+Gentlemen, with regard to the first part of this charge, namely, that

+of preserving the lives of the King’s liege subjects, we shall prove,

+beyond all possibility of doubt, that in twenty thousand, whom the

+Prisoner hath inoculated, not one single patient hath died, whose

+death could be fairly attributed to inoculation. We shall then shew,

+that he constantly enjoins a certain unusual regimen to be observed by

+all his patients, previous to, and during the time of, inoculation;

+and lastly, we shall convince you, by unquestionable evidence, that he

+administers to his patients diverse medicines, the composition of which

+is an intire secret to this College, and to the whole faculty.

+

+Gentlemen, it were needless to expatiate on the heinousness of these

+crimes. Your own sagacity, and regard to justice, will be your best

+guides. We shall support our allegations by incontestible proof, and I

+make no doubt that you will find the Prisoner guilty of the crimes and

+misdemeanors specified in the indictment. If the Court pleases, we will

+now proceed to examine witnesses. Call Mr. Robert Houlton.

+

+Mr. Robert Houlton was sworn.

+

+_Couns. for the Cr._ Do you know the Prisoner at the bar?

+

+_Houlton._ I do.

+

+_Couns. for the Cr._ I think, Sir, you are a clergyman?

+

+_Houlton._ I am.

+

+_Couns. for the Cr._ Pray, Sir, give me leave to ask you, whether you

+have had any particular connection with the Prisoner?

+

+_Houlton._ Yes, Sir, I was particularly connected with him. I was his

+officiating clergyman.

+

+_Couns. for the Cr._ Give me leave to ask you, whether you can give the

+Court any information concerning the number of persons inoculated by

+the Prisoner, during the last three or four years?

+

+  _Houlton._ In the year 1764, he

+  inoculated      1629

+    In 1765       4347

+    In 1766       7816

+                  ----

+    In all       13792

+                 -----

+

+To this number should be added 6000 that have been inoculated by Mr.

+Sutton’s assistants, as he taught them his method, and as they use none

+but his medicines. So that he may be said to have inoculated, within

+these three years, 20000 persons.

+

+_C. for the Cr._ How many of this number have died in consequence of

+inoculation?

+

+_Houlton._ Not one.

+

+_C. for the Prisoner._ I think you said that you was officiating

+clergyman to the Prisoner?

+

+_Houlton._ I did say so.

+

+_C. for the Prisoner._ And pray, Sir, what was your office?

+

+_Houlton._ To pray with the sick, and return thanks for their recovery.

+

+_C. for the Prisoner._ Very extraordinary, truly. Give me leave to ask

+you, whence you took this very exact account of the number of persons

+inoculated by the Prisoner?

+

+_Houlton._ From Mr. Sutton’s books.

+

+_Couns. for the Prisoner._ I beg, gentlemen of the jury, you will

+observe that this account of the number of persons inoculated, and

+consequently of the number of lives preserved, one of the crimes of

+which the Prisoner stands accused, was taken only from his own books.

+This is a material circumstance, and I make no doubt but you will give

+it its due weight.

+

+_Couns. for the Cr._ Have you any other question to ask this witness?

+

+_Couns. for the Prisoner._ I have done.

+

+_Couns. for the Cr._ We are perfectly satisfied, Mr. Houlton, with your

+accurate account of the number of people inoculated by the Prisoner.

+Now, Sir, let me ask you a few questions relative to the Prisoner’s

+peculiar method of communicating the infection. How is this performed?

+

+_Houlton._ By means of a puncture so slight, that it is scarce felt by

+the patient, and which in a minute afterwards is scarce visible.

+

+_Couns. for the Cr._ What do you know of his medicines?

+

+_Houlton._ I know that they are most powerful. If he perceives a

+symptom in patients of a great fever, or a probability of their having

+more pustules than they would chuse, he quickly prevents both by virtue

+of his medicines.

+

+_Couns. for the Cr._ Do you recollect any particular instance of this

+extraordinary virtue of his medicines?

+

+_Houlton._ I do. A child belonging to Mr. Barnard, of Waltham in Essex,

+was seized with the natural small pox. As soon as it was discovered,

+by the pustules making a plentiful appearance, the child was conveyed

+to one of Mr. Sutton’s houses. The next morning, the face and body

+being extremely full, Mr. Sutton marked with a pen a great number

+of pustules, and administered the medicine I allude to: some hours

+afterwards, hundreds of the pustules disappeared; and among them

+several of those marked leaving the little dot on the plain surface of

+the skin. The child did extremely well.

+

+_Couns. for the Cr._ Sir, you may retire.

+

+ Dr. GEORGE BAKER sworn.

+

+_Couns. for the Cr._ Pray, Dr. Baker, inform the Court what you know

+concerning the Prisoner’s practice of inoculation.

+

+_Dr. Baker._ I can give the Court but little information from my

+own knowledge; but what I have to say, I received from a gentleman,

+whose accuracy in observing, as well as veracity in relating what he

+observed, may be relied on. All persons are obliged to go through a

+strict preparatory regimen for a fortnight before the operation. During

+this course, all fermented liquors and animal food, except milk, are

+forbid. Fruit is generally allowed, except on the days of purging. A

+powder is given three several times, and a dose of purging salt on the

+following morning. The composition of this powder is a secret. But that

+it contains mercury is evident, from its having salivated some patients.

+

+_Couns. for the Cr._ I beg, gentlemen of the jury, you will please

+to remember that the Doctor says, the composition of the powder is a

+secret. Now, Sir, please to proceed to his manner of communicating the

+disease.

+

+_Dr. Baker._ The operator opens a pustule on the arm of some patient in

+whom the matter is yet in a crude state; and then with his moist lancet

+just raises the cuticle on the arm of the person to be inoculated,

+applying neither plaister nor bandage. This was his method some time

+ago; but he now generally dips his lancet only in the moisture issuing

+from the place of incision, before the eruption, four days after the

+operation.

+

+_Couns. for the Cr._ And pray, Sir, what medicines does he give after

+the operation?

+

+_Dr. Baker._ On the night following, the patient takes a pill, which

+is repeated every other night till the fever comes on.

+

+_Couns. for the Cr._ Do you know the composition of this pill?

+

+_Dr. Baker._ No: it is a secret.

+

+_Couns. for the Cr._ Are the patients confined to their apartments at

+this period?

+

+_Dr. Baker._ No: moderate exercise in the open air is strongly

+recommended.

+

+_Couns. for the Cr._ Now, Sir, please to inform the Court what you

+have learnt concerning the progress of the disease and the manner of

+treating it.

+

+_Dr. Baker._ Three days after the operation, if it succeed, there

+appears on the incision a spot, like a flea bite, not as yet above the

+skin, which gradually becomes first a red pimple, and then a bladder

+full of clear lymph, advancing to maturation with the pustules. In

+proportion as the discolouration round the place of incision is

+greater, the less quantity of eruption is expected; therefore, when

+this circle is small, stronger and more frequent cathartics are

+exhibited. If, when the fever comes on, there appears no tendency

+to perspiration, some acid drops, or more powerful sudorifics, are

+administered. In general, during the burning heat of the fever, he

+gives cold water; but after the perspiration begins, warm baum-tea, or

+water-gruel. As soon as the sweat abates, the eruption having appeared,

+he obliges every body to get up, to walk about the house, or into the

+garden. From this time, to the turn of the disease, he gives milk-gruel

+_ad libitum_. On the following day he gives a dose of Glauber’s salts,

+and, if the eruption be considerable, he repeats it on the third day.

+

+_Couns. for the Cr._ Pray, Sir, can you give the Court any information

+relative to the number of persons that have been inoculated by the

+Prisoner and his assistants?

+

+_Dr. Baker._ According to the best information that I can procure,

+about seventeen thousand have been thus inoculated, of which number no

+more than five or six have died.

+

+ Mr. B. CHANDLER sworn.

+

+_Couns. for the Cr._ You, Sir, I think are a surgeon at Canterbury?

+

+_Mr. Chandler._ I am.

+

+_Couns. for the Cr._ Pray, Mr. Chandler, can you give us any

+information concerning the Prisoner’s success in the practice of

+inoculation?

+

+_Mr. Chandler._ I know nothing of Mr. Sutton’s own particular practice,

+except from report. What I have to say relates only to that of one of

+his assistants, or partners.

+

+_President._ This evidence cannot affect the Prisoner at the bar, as he

+tells you he knows nothing of Mr. Sutton’s own particular practice.

+

+_Couns. for the Cr._ I beg your pardon, Mr. President, the Prisoner

+at the bar stands indicted for preserving the lives of the King’s

+subjects, not only by inoculating, but also causing to be inoculated.

+

+_President._ Proceed to his examination.

+

+_Couns. for the Cr._ Pray, Mr. Chandler, who is this assistant or

+partner, with whose practice you are acquainted?

+

+_Mr. Chandler._ He is a surgeon of eminence at Maidstone; his name is

+Peale.

+

+_Couns. for the Cr._ Where was it that you saw his practice?

+

+_Mr. Chandler._ In the city of Canterbury.

+

+_Couns. for the Cr._ What number of persons might he inoculate in that

+city?

+

+_Mr. Chandler._ I cannot exactly tell; but it is considerable.

+

+_Couns. for the Cr._ Did any of his patients die under inoculation?

+

+_Mr. Chandler._ Not that I know of.

+

+_Couns. for the Cr._ Did you hear Dr. Baker’s evidence?

+

+_Mr. Chandler._ I did.

+

+_Couns. for the Cr._ Does Mr. Peale’s practice differ in any respect

+from that of the Prisoner, as related by the Doctor?

+

+_Mr. Chandler._ It differs in some few particulars.

+

+_Couns. for the Cr._ What are these particulars?

+

+_Mr. Chandler._ I think, Dr. Baker informed the Court that the persons

+to be inoculated are a fortnight under preparation. That time is now

+reduced to eight days. The pill is not given every other night, as

+mentioned by the Doctor; many of Mr. Peale’s patients not having taken

+it till the fifth day after inoculation. It is generally repeated on

+the seventh day, and sometimes continued to the eighth or ninth. When

+the eruptive fever comes on, a sort of julap is given to be drank

+_ad libitum_; composed of a small quantity of a medicine nearly the

+colour of Madeira wine, poured into a quart or pint bottle of spring

+water. It’s taste is very agreeable, cooling, and sub-acid. And here my

+observations differ most from the accounts related to Dr. Baker; for

+though this medicine, if taken upon going to bed, did sometimes seem

+to occasion a slight perspiration, yet an increased perspiration was

+never, that I saw, or could learn, insisted on in the day, much less

+a profuse sweat at any time: for none of the patients are allowed to

+lie in bed, or sit over the fire, or keep within doors, if the weather

+is tolerable, even during the feverish symptoms, and the only drink

+allowed is toast and water.

+

+_Couns. for the Prisoner._ I thought, Sir, you said that the patients

+were allowed a certain sub-acid julap _ad libitum_? and now you tell

+us, that the only drink allowed is toast-water. I beg, gentlemen of the

+jury, you will observe that he contradicts himself.

+

+_Mr. Chandler._ When I said that toast-water was the only drink

+allowed, I certainly mean to except the julap, which I considered as a

+medicine, and the toast-water as common drink.

+

+_Couns. for the Prisoner._ I submit it to the Court, whether he did not

+contradict himself.

+

+_President._ He has explained his meaning sufficiently.

+

+_C. for the Prisoner._ I submit. Mr. Chandler, we desire you will not

+leave the Court; we shall ask you a few more questions by and by.

+

+_C. for the Pris._ Pray, Mr. Chandler, let me ask you, whether you know

+the composition of the medicines given by Mr. Peale?

+

+_Mr. Chandler._ I do not.

+

+_Couns. for the Pris._ You do not. Then they are secret medicines?

+

+_Mr. Chandler._ They are.

+

+_Couns. for the Pris._ Sir, we have done with you. Mr. President, and

+gentlemen of the jury, this is all the evidence we shall produce in

+support of our indictment. Though it were easy to corroborate every

+thing they have said by a hundred witnesses; yet as these are more than

+the law requires, as their evidence is so clear and circumstantial,

+and as they are gentlemen of undoubted character, we think it totally

+unnecessary to trouble you with the repetition of facts, of the truth

+of which you cannot possibly doubt.

+

+That the Prisoner at the bar is guilty of preserving the lives of his

+Majesty’s liege subjects, we have proved, first, on the evidence of

+the Rev. Mr. Houlton, who asserts, that in the space of three years,

+he, the Prisoner, hath inoculated, or caused to be inoculated, no less

+than twenty thousand persons. Now, in the old way of inoculation, if we

+allow that there died one in two hundred, which I believe is about the

+mark, it will appear, that he hath actually preserved the lives of one

+hundred people; for in the twenty thousand inoculated by the Prisoner

+and his accomplices, not one hath died, whose death could be justly

+attributed to inoculation. This witness hath likewise informed you,

+that the Prisoner is actually possessed of a certain medicine, by the

+administration of which, and by the help of a magick circle drawn with

+a pen round the pustules, together with a prayer composed and repeated

+by this witness on the occasion, he can make them retire at the word of

+command, with the same dexterity, and in the same manner, as any other

+_Hocus Pocus_ commands his little balls to pass through the table. That

+this is performed by means unknown to the faculty, is very evident, as

+not one of them all pretends to any thing like it.

+

+Dr. Baker, a physician of considerable reputation, after giving you

+a clear account of the Prisoner’s extraordinary method of preparing,

+and manner of treating his patients thro’ the whole progress of the

+disease, sufficiently confirms the evidence of Mr. Houlton, in regard

+to the number of persons inoculated; with whom he also agrees in

+confirming that material part of our allegation, which accuses the

+Prisoner of performing these miracles by means of secret medicines, and

+unusual modes of practice.

+

+Our last witness, Mr. Chandler, a very skilful surgeon, hath, in

+the course of his examination, corroborated Dr. Baker’s account of

+the Prisoner’s unprecedented mode of practice, at least in the most

+essential points; so that you cannot possibly entertain the least doubt

+as to facts. Gentlemen, it were very easy for me to expatiate on the

+fatal consequences of permitting such proceedings to go unpunished; but

+your own understanding and impartiality will, I make no doubt, prompt

+you to determine with propriety: I therefore forbear to say any thing

+more that might influence your judgement. The counsel for the Prisoner

+may now call their evidence whenever they think proper.

+

+_Couns. for the Prisoner._ Mr. President, and gentlemen of the jury,

+the Prisoner at the bar stands indicted for preserving the lives of his

+Majesty’s liege subjects, by secret medicines and modes of practice,

+and by inoculating, or causing to be inoculated, divers persons, &c.

+With regard to his preserving the lives of the King’s subjects, it has

+been so insufficiently proved, that we shall not take up your time

+in disproving it; but as to his secret medicines, we shall shew you

+that the ingredients of which they are made are certainly known, and

+consequently that they are not secret medicines. We shall prove to

+you, by undeniable evidence, that the same medicines have been long

+recommended and administered for the same purposes, and with equal

+success. And we shall, last of all, produce a witness of unquestionable

+authority, who will convince you that the successful practice of

+inoculation does not depend on any peculiar medicine whatsoever, and

+consequently that the Prisoner is perfectly guiltless of the crimes of

+which he stands accused. Call Dr. Thomas Ruston.

+

+ Dr. THOMAS RUSTON sworn.

+

+Pray, Dr. Ruston, have you any knowledge of the composition of

+certain medicines used by the Prisoner at the bar, in his practice of

+inoculation?

+

+_Dr. Ruston._ I believe I have.

+

+_Couns. for the Pris._ What is the form of these medicines?

+

+_Dr. Ruston._ Powders, pills, and drops.

+

+_Couns. for the Prisoner._ What are the ingredients which compose the

+powder?

+

+_Dr. Ruston._ I verily believe the powder to consist entirely of

+calomel and æthiops mineral.

+

+_Couns. for the Pris._ What are your reasons for thinking so?

+

+_Dr. Ruston._ My reasons are founded on chemical experiment and

+analogy.

+

+_Couns. for the Prisoner._ What experiment and what analogy?

+

+_Dr. Ruston._ 1st. To a small quantity of Mr. Sutton’s powder, which

+was of a greyish colour, I added a few drops of volatile alkali, which

+immediately changed it to a deep black. 2dly. To a small quantity of

+the same, a few drops of a solution of salt of tartar were added,

+which produced the same colour. 3dly. A few drops of lime-water were

+added, which also changed the powder black, but not quite so black as

+in experiment 1 and 2. The colour and weight of Mr. Sutton’s powder

+were exactly imitated by the addition of six grains of æthiops to ten

+grains of calomel, and by repeating the above experiments with this

+composition, it was found to exhibit exactly the same phenomena.

+

+_Couns. for the Prisoner._ Now, Sir, as to the pills?

+

+_Dr. Ruston._ The pills, from their smell, taste, colour, and effects,

+are evidently no other than the well-known _pilulæ cochiæ_, with a

+small addition of calomel.

+

+_Couns. for the Prisoner._ Did you make no experiment with the pills?

+

+_Dr. Ruston._ Yes. I poured on one of them a few drops of volatile

+alkali, and it immediately struck a deep black. The same appearance

+was produced by salt of tartar, and by lime-water. I then added a few

+grains of calomel to the _pilulæ cochiæ_, and repeated the experiments

+with the same effect.

+

+_Couns. for the Prisoner._ And what discoveries have you made

+concerning the drops?

+

+_Dr. Ruston._ The acid drops with which he prepares his punch, is so

+obviously of the same nature with the dulcified volatile vitriolic

+acid that arises during the distillation of æther, and which is the

+same with what exists in large quantities in the _liquor anodinus_

+of Hoffman, that it was unnecessary to submit it to any chemical

+experiment. There was nothing foreign in its composition.

+

+_Couns. for the Cr._ Not to interrupt the course of your examination,

+I beg leave, before you proceed, to ask the Doctor one question. If I

+remember right, you said, the powder contained ten grains of calomel.

+Pray, Doctor, is not this an unusual large dose?

+

+_Dr. Ruston._ As an alterative it certainly is so; and therefore Mr.

+Sutton’s powders have often been known to salivate the patient. But its

+activity is somewhat weakened by the sulphur contained in the æthiops.

+

+_Couns. for the Cr._ But has it not been generally supposed that there

+was some other powerful ingredient in Mr. Sutton’s medicines?

+

+_Dr. Ruston._ Yes, antimony. But from my experiments, I am convinced of

+the contrary.

+

+_Couns. for the Pris._ Now, Doctor, give me leave to ask you, whether

+the exhibition of mercury, as preparative to inoculation, be the

+invention of the Prisoner at the bar?

+

+_Dr. Ruston._ Certainly not.

+

+_Couns. for the Pris._ Who were the inventors of this practice?

+

+_Dr. Ruston._ I cannot answer positively to that question. The great

+Boerhaave, in his Aphorisms, recommended the experiment of uniting

+mercury with antimony as an antidote to the variolous virus; but I

+believe some American physicians were the first who used mercury in

+preparing for inoculation.

+

+_Couns. for the Pris._ And with what success?

+

+_Dr. Ruston._ With very great. Out of the first three thousand

+inoculated, only five died; and these were all children, who could not

+be prevailed on to take the medicine.

+

+_Couns. for the Pris._ I beg, gentlemen of the jury, you will remember

+this circumstance--All that took the mercurial medicines recovered.

+Pray, Dr. Ruston, was this new method of preparation long confined to

+any particular physician, or part of America?

+

+_Dr. Ruston._ No: the fame of its extraordinary success soon produced

+a number of inoculators on the new plan; so that in a short time it

+spread from one end of the continent to the other.

+

+_Couns. for the Pris._ Did these several inoculators all give precisely

+the same medicines?

+

+_Dr. Ruston._ Not precisely.

+

+_Couns. for the Pris._ In what respect do they differ?

+

+_Dr. Ruston._ Principally in the proportions of calomel and antimony.

+

+_Couns. for the Pris._ But they all agreed in giving calomel?

+

+_Dr. Ruston._ All.

+

+_Couns. for the Pris._ Did they agree in any other respect?

+

+_Dr. Ruston._ Yes: they all gave cathartics, and during the eruptive

+fever treated their patients in the anti-phlogistic method.

+

+_Couns. for the Pris._ Were their patients under any restrictions in

+regard to diet?

+

+_Dr. Ruston._ In general they were ordered to abstain from salt food,

+spirituous liquors, butter, oil, and such like.

+

+_Couns. for the Pris._ You have given a very satisfactory account of

+these matters. Now give me leave to ask, whether you yourself practise

+inoculation?

+

+_Dr. Ruston._ I do.

+

+_Couns. for the Pris._ Do you prepare your patients?

+

+_Dr. Ruston._ Certainly.

+

+_Couns. for the Pris._ Do you confine your patients to any particular

+diet?

+

+_Dr. Ruston._ I order them to abstain from animal food, spirituous

+liquors, and spices.

+

+_Couns. for the Pris._ And what medicines do you prescribe?

+

+_Dr. Ruston._ They consist principally of mercurials and antimonials.

+

+_Couns. for the Pris._ Do you believe there is any specific virtue in

+these medicines? Do you give them as antidotes?

+

+_Dr. Ruston._ By no means. I give them merely as evacuants, and

+accordingly proportion them to the constitution and age of the patient.

+

+_Couns. for the Pris._ Can you say any thing, from experience, of the

+success of your method, compared with that of the Prisoner at the bar?

+

+_Dr. Ruston._ I can say, from experience, that my method, in point of

+success, is fully equal to his.

+

+_Couns. for the Pris._ What is your opinion of his cold regimen?

+

+_Dr. Ruston._ I approve of it in general, and practise it; but not in

+the extreme.

+

+_Couns. for the Pris._ What is your opinion as to the manner of

+communicating the infection?

+

+_Dr. Ruston._ I think it a matter of little importance. That of just

+raising the skin with the point of a lancet, which has been dipped into

+a pustule, and then rubbing the matter which adheres to it on the wound

+with the finger, seems to be as good a one as any.

+

+_Couns. for the Pris._ One question more. Do you think, upon the whole,

+that the Prisoner at the bar possesses any secret, to which his success

+is to be attributed?

+

+_Dr. Ruston._ I think it must have appeared, from the evidence I have

+given, that he possesses no secret at all.

+

+_Couns. for the Pris._ We shall now recall one of their own witnesses;

+a gentleman of undoubted veracity; whose evidence, if it have proved

+any thing against the Prisoner, will, upon farther examination, be

+found to prove much more in his favour.

+

+ Dr. BAKER.

+

+Pray, Dr. Baker, is the practice of preparing persons for the small pox

+with calomel peculiar to the Prisoner at the bar?

+

+_Dr. Baker._ By no means: it is a very general practice. There are

+several physicians of credit who insist strenuously on its good effects.

+

+_Couns. for the Pris._ Is it common to give purgative medicines on this

+occasion?

+

+_Dr. Baker._ That in general two or three doses of some purging

+medicine ought to be given, almost all inoculators have agreed.

+

+_Couns. for the Pris._ Now, Dr. Baker, give me leave to ask you, as a

+physician, whether it be your opinion that the marvellous success, of

+which the Prisoner stands accused, be owing to the peculiar virtue of

+any medicine or medicines, known only to himself and his accomplices?

+

+_Dr. Baker._ I am of opinion it is not.

+

+_Couns. for the Pris._ To what cause then do you ascribe that success?

+

+_Dr. Baker._ Principally to the free use of cold air.

+

+_Couns for the Pris._ Is he the only inoculator who allows his patients

+the free use of cold air?

+

+_Dr. Baker._ Not now: the practice is at present very general in many

+parts of this kingdom.

+

+_Couns. for the Pris._ Was he the inventor of this cold regimen?

+

+_Dr. Baker._ I cannot accuse him of being the inventor, because it is

+strenuously recommended, in the natural small pox, by writers of the

+first rank, particularly Sydenham, whose works are in the hands of

+every physician.

+

+_Couns. for the Pris._ We shall now call a physician sufficiently known

+in the medical world, particularly by his _Analysis of Inoculation_.

+

+ Dr. KIRKPATRICK sworn.

+

+_Couns. for the Pris._ I think, Sir, you have had much experience in

+the practice of inoculation?

+

+_Dr. Kirkpatrick._ I have.

+

+_Couns. for the Pris._ Have you been long accustomed to give calomel in

+preparing your patients?

+

+_Dr. Kirkpatrick._ It hath long been my practice, as appears from my

+book.

+

+_Couns. for the Pris._ Has it been your practice to confine your

+patients to any particular regimen?

+

+_Dr. Kirkpatrick._ It appears from my _Analysis_, that I regulate my

+practice, in this respect, according to age and constitution; but in

+general I advise that they should abstain from flesh meat, spirituous

+liquors, and, in short, every thing inflammatory, or difficult of

+digestion.

+

+_Couns. for the Pris._ I beg, gentlemen of the jury, you will take

+notice that the Doctor prescribes a vegetable diet; so that this is no

+new thing. Pray, Doctor, when was your _Analysis_ printed?

+

+_Dr. Kirkpatrick._ The first edition, in the last King’s reign, and the

+second in the year 1761.

+

+ Dr. BENJAMIN GALE sworn.

+

+_Couns. for the Pris._ You are a physician, I think?

+

+_Dr. Gale._ I am.

+

+_Couns. for the Pris._ Where do you live?

+

+_Dr. Gale._ At Connecticut in New England.

+

+_Couns. for the Pris._ Have you practised inoculation?

+

+_Dr. Gale._ I have inoculated many hundreds.

+

+_Couns. for the Pris._ Do you prepare your patients with calomel?

+

+_Dr. Gale._ I do.

+

+_Couns. for the Pris._ With what success?

+

+_Dr. Gale._ With very great success. In eight hundred patients, I have

+lost but one.

+

+ Mr. GATTI sworn.

+

+_Couns. for the Pris._ If I am properly instructed, you, Sir, have

+practised inoculation in France?

+

+_Mr. Gatti._ Some time ago I was much employed in that business at

+Paris.

+

+_Couns. for the Pris._ In what manner did you prepare your patients?

+

+_Mr. Gatti._ I was always an enemy to any general plan: I paid the less

+regard to preparation, because I knew, that in all the Levant, where

+the natural small-pox is as fatal as elsewhere; and where you may find

+old women who have inoculated ten thousand people without an accident:

+the only enquiry is, whether the patient is prepared by nature. All

+that is considered, is, whether the breath be sweet, the skin soft, and

+whether a little wound in it heals easily. Whenever these conditions

+are found, they inoculate without the least apprehension of danger.

+

+_C. for the Pris._ We shall now call a witness, who has already been

+examined by the counsel on the other side.

+

+ Mr. CHANDLER.

+

+_Couns. for the Pris._ You, Sir, seem to have observed the Suttonian

+practice with a good deal of attention: please to inform the Court,

+whether you attribute the success of this new method to the virtue of

+his medicines.

+

+_Mr. Chandler._ I attribute his extraordinary success neither to his

+medicines, nor his cool regimen, but principally to his method of

+communicating the infection by means of the crude lymph before it has

+been ultimately variolated by the succeeding fever; and I found my

+opinion on that being the only circumstance in which he differs from

+other inoculators.

+

+_Couns. for the Pris._ Which, gentlemen of the jury, you will please

+to observe, is no secret: it is, indeed, a circumstance which could

+not possibly be concealed; for the method of performing the operation

+must not only be obvious to every patient, but to every by-stander.

+

+ Dr. GLASS sworn.

+

+_Couns. for the Pris._ If I am not misinformed, you practice physic in

+the city of Exeter?

+

+_Dr. Glass._ I do.

+

+_Couns. for the Pris._ I presume, Doctor, you have heard of these

+mighty miracles said to be performed by the Prisoner at the bar?

+

+_Dr. Glass._ I have; and have moreover been at some pains to discover

+the cause of these miracles.

+

+_Couns. for the Pris._ Do you know of any other miraculous inoculator?

+

+_Dr. Glass._ There is, in Somersetshire, an operator who hath

+inoculated, at least, seventeen hundred patients, with the loss of two

+only.

+

+_Couns. for the Pris._ Are you acquainted with his method?

+

+_Dr. Glass._ I am.

+

+_Couns. for the Pris._ Is it different from that of the Prisoner?

+

+_Dr. Glass._ It is apparently, though perhaps not essentially,

+different.

+

+_Couns. for the Pris._ Pray, Doctor, favour the Court with an account

+of this practice.

+

+_Dr. Glass._ This Somersetshire operator inoculates all that apply to

+him for that purpose, without examining in what state of health they

+are, or have been, or asking them a single question. He always begins

+his process with communicating the infection. After this he bleeds

+some, purges all twice, confines them to a low diet, forbids exercise,

+and whatever quickens the motion of the blood. Every one, as soon as

+the eruptive fever begins, is put to bed in a room that is shut up

+close, to keep out the cool air, is well covered with bed-cloaths, and

+has plenty of baum tea given him to make him sweat. But if this doth

+not answer, a sweating powder, which, being tasteless, is supposed

+to be some antimonial preparation, is administered. By these means,

+a plentiful sweat is procured, and continued till the eruption is

+compleated. The patient is then permitted to get up, walk about the

+house, and to go out, if he pleaseth, into the open air, when the

+weather is not unfavourable.

+

+_Couns. for the Pris._ I think, Sir, you said that you had been at some

+pains to discover the cause of the miraculous success ascribed to this

+new method of inoculation, as it is called: is it your opinion that it

+is owing to any peculiarity in his preparatory course?

+

+_Dr. Glass._ No; because the result of inoculation after various

+methods of preparation, and without any preparation at all, as appears

+from the practice of the Somersetshire man, are much the same.

+

+_Couns. for the Pris._ Do you ascribe it to the use of mercury?

+

+_Dr. Glass._ No; because I certainly know, that some gentlemen of my

+acquaintance, who make it a constant rule to prepare with mercurials,

+have not been more successful than some others, who seldom or never use

+any mercurial preparation before or after the operation.

+

+_Couns. for the Pris._ Are you of opinion that it is to be attributed

+to his extreme cool regimen?

+

+_Dr. Glass._ No; though I approve it in general: nevertheless, I will

+venture to say, that I have met with some cases, in which cordial

+medicines were necessary. Yet I apprehend, that a close room and hot

+air are always extremely prejudicial in every stage of the small-pox,

+and in all kinds of fevers.

+

+_Couns. for the Pris._ Do you lay any stress on the manner of

+communicating the infection?

+

+_Dr. Glass._ No; it can make but little difference whether the

+infectious matter is applied to a slight wound of the skin on the

+point of a lancet, or a bit of thread.

+

+_Couns. for the Pris._ To what cause then do you ascribe the great

+success of the Suttonians?

+

+_Dr. Glass._ It seems highly probable, that their singular success is

+chiefly owing to their singular method of disposing their patients

+to sweat, and then sweating them, by the medicines they give after

+inoculation, and during the eruptive fever.

+

+_Couns. for the Pris._ Mr. President, and gentlemen of the jury,

+we shall now produce a witness, whose successful practice in the

+particular branch of inoculation is universally known to have been

+equal to that of the Prisoner at the bar; and whose evidence (if of the

+Prisoner’s innocence there yet remain _a loop to hang a doubt on_) will

+certainly put the matter beyond all dispute.

+

+ Dr. DIMSDALE sworn.

+

+_C. for the Pris._ Hertford, I think, Doctor, is the place of your

+residence?

+

+_Dr. Dimsdale._ It is.

+

+_Couns. for the Pris._ Pray, Dr. Dimsdale, have you been long in the

+practice of inoculation?

+

+_Dr. Dimsdale._ Upwards of twenty years.

+

+_Couns. for the Pris._ Has your practice in that branch of your

+profession been extensive?

+

+_Dr. Dimsdale._ Very extensive.

+

+_Couns. for the Pris._ Have you lost many patients under inoculation?

+

+_Dr. Dimsdale._ About fourteen years ago I had one patient, who, after

+the eruption of a few distinct pustules, died of a fever, which I

+esteemed wholly independent of the small-pox.

+

+_Couns. for the Pris._ Did you then, in upwards of twenty years, never

+lose a patient, whose death could be justly ascribed to inoculation?

+

+_Dr. Dimsdale._ Not one.

+

+_Couns. for the Pris._ Perhaps, Doctor, you have been particularly

+careful in the choice of your subjects?

+

+_Dr. Dimsdale._ Not in the least: I have inoculated persons of all

+ages, all constitutions, and at all seasons of the year.

+

+_Couns. for the Pris._ In what manner do you prepare your patients? Do

+you confine them to any particular regimen?

+

+_Dr. Dimsdale._ In directing the preparatory regimen, I principally

+aim at these four points: to reduce the patient, if in high health, to

+a low and more secure state; to strengthen the constitution, if too

+low; to correct what appears vitiated; and to clear the stomach and

+bowels, as much as may be, from all crudities and their effects. With

+these intentions, therefore, I order them to abstain from animal food,

+spirituous liquors, and spices, for ten days before the operation;

+during which time, I give three doses of a powder composed of eight

+grains of calomel, the same quantity of the compound powder of crabs

+claws, and one-eighth of a grain of emetic tartar: this powder is

+taken over-night, and a dose of Glauber’s salts in the morning. On the

+days of purging I allow broths.

+

+_Couns. for the Pris._ In what manner do you usually communicate the

+infection?

+

+_Dr. Dimsdale._ With a lancet, dipped in the variolous matter, I

+make an incision as short as possible, and so slight as to pass only

+just through the scarf-skin. I then stretch the little wound with my

+finger and thumb, and moisten it with the matter on the point of my

+lancet. This operation I generally perform on both arms, to prevent

+disappointment.

+

+_Couns. for the Pris._ Do you take the matter from the natural

+small-pox, or do you prefer that taken from a person inoculated?

+

+_Dr. Dimsdale._ It seems to be of no consequence, whether infecting

+matter be taken from the natural, or inoculated small-pox. I have used

+both, and never have been able to discover the least difference,

+either in point of certainty of infection, the progress, or the event;

+and, therefore, I take the infection from either, as opportunity

+offers, or at the option of my patients or their friends.

+

+_Couns. for the Pris._ Did you ever inoculate with the lymph taken

+before the crisis of the distemper?

+

+_Dr. Dimsdale._ I have taken a little clear fluid from the elevated

+pellicle on the incised part, even so early as the fourth day after the

+operation; and have at other times used matter fully digested after

+the crisis, with equal success. I chuse, however, in general, to take

+matter for infection during the fever of eruption, as I suppose it at

+that time to have it’s utmost activity.

+

+_Couns. for the Pris._ What medicines do you prescribe after

+communicating the infection?

+

+_Dr. Dimsdale._ On the second day, in the evening, I usually give a

+pill, composed of calomel and compound powder of crabs claws, each

+three grains, with one-tenth of a grain of emetic tartar. This I also

+repeat on the first appearance of the eruptive symptoms, in case they

+seem to indicate any uncommon degree of vehemence; and the next morning

+I order a dose of purging physic.

+

+_Couns. for the Pris._ Do you confine your patients to their beds

+during the eruptive fever?

+

+_Dr. Dimsdale._ By no means: on the contrary, as soon as the symptoms

+of the eruptive fever come on, they are directed, when the purging

+medicines have operated, to keep abroad in the open air, be it ever so

+cold, as much as they can bear, and to drink cold water, if thirsty;

+always taking care not to stand still, but to walk about moderately

+while abroad.

+

+_Couns. for the Pris._ Is this your constant practice?

+

+_Dr. Dimsdale._ It’s effects are so salutary, and so constantly

+confirmed by experience, and an easy progress through every stage of

+the disease depends so much upon it, that I admit of no exception.

+

+_Couns. for the Pris._ Now, Doctor Dimsdale, give me leave to ask you,

+whether you are possessed of any medicine by which you can repel a

+number of pustules, when they appear too numerous, leaving only such a

+quantity as the patient shall desire?

+

+_Dr. Dimsdale._ I am, indeed, possessed of no such medicine. Sometimes

+the whole surface of the skin is covered with a rash, intimately mixed

+with the variolous eruption. This rash has been often mistaken for the

+confluence it so much resembles, and has afforded occasion for some

+practitioners, either ignorantly or disingenuously, to pretend, that

+after a very copious eruption of the confluent pox, they can, by a

+specific medicine, discharge the major part of the pustules, leaving

+only as many distinct ones as may satisfy the patient that he has the

+disease.

+

+_Couns. for the Pris._ Thank you, Sir; the Prisoner is much indebted to

+you for this explanation of the matter. You have sufficiently cleared

+him from the imputation of sorcery. Pray, Doctor, let me ask, whether

+you ever inoculated without preparation?

+

+_Dr. Dimsdale._ I have often inoculated without any preparation at all,

+and have always had the same success.

+

+_Couns. for the Pris._ To what then do you chiefly ascribe the success

+of this new method?

+

+_Dr. Dimsdale._ I can only answer, that although the whole process may

+have some share in it, in my opinion it consists chiefly in the method

+of inoculating with recent fluid matter, and in the management of the

+patients at the time of eruption.

+

+_Couns. for the Pris._ Mr. President, and gentlemen of the jury,

+the evidence which we have examined, on behalf of the Prisoner at

+the bar, have spoken so positively, and have in general delivered

+themselves with so much precision, that there can be no doubt but you

+are perfectly satisfied that he is innocent of the crimes laid to

+his charge in the indictment: nevertheless, in order to collect the

+whole into one point of view, I shall briefly recapitulate what hath

+been proved, and endeavour to point out those circumstances which

+principally merit your attention.

+

+The Prisoner stands indicted for preserving the lives of his Majesty’s

+liege subjects, by means of secret medicines, and modes of practice,

+unknown to the faculty. The first part of this charge was supported

+almost entirely on the evidence of a person who calls himself

+officiating clergyman to the prisoner. This gentleman told you, that

+his office was, to pray with the sick, and to return thanks for their

+recovery. But he had told you before, that the Prisoner never lost a

+single patient by inoculation; consequently there was no danger, and

+consequently no more reason to pray at this time than at any other.

+An officiating clergyman, therefore, in this case, seems so perfectly

+unnecessary, as to render his account of his office ridiculous and

+incredible; a circumstance which greatly invalidates his evidence: and

+lest you should be improperly influenced by your special regard to the

+sacred function of this officiating gentleman; lest you should allow

+the supposed gravity of his character to add weight to his testimony;

+we shall now call a witness of some consequence, who, in few words,

+will give you a just idea of the reverend Mr. Houlton.

+

+ MONTHLY REVIEW sworn.

+

+_Couns. for the Pris._ Pray, Sir, do you know any thing of a person who

+calls himself officiating clergyman to the Prisoner at the bar?

+

+_M. Review._ I remember one Robert Houlton, who gave himself that title.

+

+_Couns. for the Pris._ Is he an author?

+

+_M. Review._ Yes; he lately published a sermon, with an appendix

+concerning inoculation.

+

+_Couns. for the Pris._ And what is his character?

+

+_M. Review._ I am sorry to say, this reverend son of the church

+descends to the level of a mere _nostrum-puffer_.

+

+_Couns. for the Pris._ I beg, gentlemen of the jury, you will take

+notice; _a mere nostrum-puffer_. And pray, Mr. Review, is this

+_nostrum-puffer_ forgetful of the usual, the proper gravity of his

+profession?

+

+_M. Review._ From the low wit, and familiarity with which he presumes

+to treat the most respectable characters, he might easily be mistaken

+for the Merry-Andrew of some wonder-working professor of the

+stage-itinerant.

+

+_Couns. for the Pris._ Merry-Andrew of some wonder-working professor of

+the stage-itinerant! I beg, gentlemen of the jury, you will remember,

+that this nostrum-puffer, this Merry-Andrew, is their principal

+evidence, their corner stone upon which the first and most material

+part of the indictment depends; namely, that part which accuses the

+Prisoner of preserving, in an especial manner, the lives of his

+Majesty’s liege subjects. I say, in an especial manner; for tho’ it be

+not thus expressed in the indictment, it is certainly implied.

+

+_Couns. for the Crown._ This is too much. I beg, Mr. President, the

+counsel for the Prisoner may not be suffered to mislead the jury by

+implications in the indictment. The fate of the Prisoner at the bar

+must depend solely on the _letter_ of the indictment. We admit of no

+implications. My Lord Cook----

+

+_President._ You must abide by the letter of the indictment. Counsel

+for the Prisoner, proceed.

+

+_Couns. for the Pris._ Gentlemen of the jury, I was going to observe,

+when I was interrupted by the counsel on the other side, that unless we

+suppose the Prisoner peculiarly, or especially, or uncommonly guilty

+of preserving the lives of the King’s subjects, this will appear, at

+least, to be a malicious prosecution; and that it really is so, can

+admit of no doubt, when you recollect, from the general tenour of our

+evidence, how many other inoculators might, with equal justice, have

+been indicted for the same offence. Doctor Dimsdale, in particular, in

+the course of twenty years extensive practice hath lost no patients;

+and I will venture to affirm, that there are now in this metropolis,

+and in the neighbourhood, a very considerable number of inoculators,

+who have been equally successful with the Prisoner at the bar.

+Certainly, therefore, this is a malicious prosecution, and ought to be

+considered as such.

+

+As to that article of the indictment, which relates to the means of

+perpetrating the crime of which the Prisoner is accused, namely, by

+secret medicines and modes of practice unknown to this College, and to

+all other practitioners, we have proved very clearly, by Dr. Ruston’s

+experiments, that the composition of the medicines is certainly

+known. But that they consist chiefly of a mercurial preparation, is

+sufficiently evident from their effects. Now that mercury hath been

+very commonly used as a preparative to inoculation, we have proved to

+you by the testimony of several witnesses of indisputable character.

+And with regard to the vegetable diet, enjoined by the Prisoner at

+the bar, it is so far from being peculiar to him, that it hath very

+long been the common practice. As to his manner of communicating the

+infection by means of the lymph taken before the eruptive fever,

+whether it be the invention of the Prisoner, or not, is a matter of no

+importance, as it is now a very common, and therefore not a secret mode

+of practice.

+

+I come now to that part of his practice, in which he hath been thought

+most singular, and which hath generally been imagined to be his own

+invention: I mean his cool regimen; that is, the practice of exposing

+his patients to the open air, and giving them cold water to drink. But,

+though this practice may not have been carried to the present extreme

+by regular physicians, it is nevertheless most certain, that they could

+not be ignorant how strenuously it was recommended, in the natural

+small-pox, by many writers of the first distinction.

+

+Rhases, an Arabian physician, who wrote some hundred years ago, in

+his chapter _De præservatione, et de modo impediendi_, &c. expresses

+himself, concerning the use of cold water, in order to extinguish

+the variolous fever, in these words: _Bibendam præbe aquam in nive

+refrigeratam in summo frigiditatis gradu, effusim et affatim datam, et

+brevibus intervallis; ita ut ea prematur, et frigiditatem ejus sentiat

+in intestinis suis ægrotus. Quod si posthac febricitet, et in illum

+redierit ardor; potui illam dato secunda vice, videlicet a libris

+duabus ad tres, et amplius, in semihoræ spatio. Quod si adhuc calor

+redierit, et venter aqua repletus fuerit; fac ut illam evomat: tum

+denuo aquam bibendam præbe._ Thus, gentlemen of the jury, you hear,

+that this early, this celebrated writer on the small-pox, carried the

+use of cold water far beyond the practice of our most adventurous

+inoculators. He not only ordered his patients to drink cold water

+till they were full, but made them spew it up, and drink again. Now,

+though our learned and regular physicians, who had some tenderness

+for their patients, and some reputation to lose, did not dare to try

+what appeared to them a dangerous experiment, it is, nevertheless, a

+practice of which they could not be ignorant; and of which the Prisoner

+is undoubtedly guiltless of being the inventor.

+

+Our immortal Sydenham is so universally known to have been a strenuous

+advocate for the cool method of treating patients in the small-pox,

+that to quote him upon this occasion, were unnecessary and impertinent.

+

+The learned Boerhaave, in aphorism 1399, advises the cool regimen

+in these words: _In primo initio apparentis inflammationis externe,

+videtur requiri cautela, ne vergat in suppurationem, aut curandum ut

+minima fiat, procul a capite, & tarda; quod fit, victu tenuissimo

+putredini resistente; potu diluente, blando, subacidulo &c. regimine

+frigidiusculo, maxime admissu puri & frigidi aëris._ So that in this

+aphorism we discover not only the liberal admission of pure and cold

+air, but also, the sub-acid liquor, and antiseptic regimen, of which

+the Prisoner at the bar hath so unjustly been supposed the inventor.

+

+The celebrated Dr. Mead, though he does not advise the extreme cold

+regimen, nevertheless, in regard to cool air, says, _In primis autem

+curandum est, ut purum aërem, eumque frigidulum, ubertim trahere

+possit_.

+

+Dr. Kirkpatrick, in his Analysis of inoculation, though he thought it

+not advisable to attempt an entire extinction of the ordinary process

+of the disease in question, says, “Notwithstanding we have little to

+oppose to it’s most virulent operation but powerful acids, styptics,

+and not only free ventilating air, but, perhaps, the strongest

+potential cold we can generate and apply.”

+

+Thus, gentlemen of the jury, it appears, beyond all dispute, that the

+Prisoner at the bar is so far from having preserved the lives of his

+Majesty’s liege subjects, by secret medicines and modes of practice

+unknown to the faculty in general, that all his medicines have

+been generally prescribed, and every article of his process either

+practised or recommended by a great variety of authors, whose works are

+universally studied.

+

+Gentlemen of the jury, I make no doubt but you are perfectly convinced

+that the Prisoner is guiltless of the crimes specified in the

+indictment. But his accusers, not satisfied with their general charge,

+have, in the course of their evidence, endeavoured to convict him of

+dealing with the Devil; they have endeavoured to prove him guilty of

+witchcraft; they have endeavoured to make you believe, that, by means

+of a certain medicine, and a magic circle drawn with a pen round

+the pustules, with the addition of a prayer repeated (backwards I

+suppose) by his officiating clergyman; I say, they have endeavoured to

+persuade you, that, by the help of the black art, he is able to make

+the pustules retire at the word of command. But, gentlemen of the

+jury, I beg you will remember, that Dr. Dimsdale has clearly explained

+this matter; he told you, That these supposed pustules were nothing

+more than a rash, which frequently accompanies the small-pox, and

+which naturally retires of it’s own accord, without the assistance of

+the black art, and, consequently, that the Prisoner at the bar is no

+conjurer.

+

+_Couns. for the Cr._ Mr. President, and you gentlemen of the jury,

+it is now late, and you must necessarily be fatigued by your close

+attention to a long tryal. I shall not, therefore, trespass on your

+patience, by a circumstantial reply to the elaborate speech which you

+have just heard; I shall only intreat you to recollect the tenor of our

+indictment, and the positive evidence by which it hath been proved. You

+have too much understanding to be improperly biassed by fine speeches,

+and too much integrity not to determine a cause of such importance

+according to the laws of justice and equity.

+

+_President._ Gentlemen of the jury, Daniel Sutton, the Prisoner at the

+bar, is indicted for the high crime of preserving the lives of his

+Majesty’s liege subjects, by inoculating, or causing to be inoculated,

+twenty thousand persons, in the space of three years, and by secret

+medicines and modes of practice unknown to this College, and to all

+other practitioners.

+

+The first witness produced, in support of this heavy charge, was Mr.

+Robert Houlton, who swears positively as to the number of persons

+inoculated, and tells you he had his information from the Prisoner’s

+own books. He is no less positive on the article of secret medicines,

+by means of which the Prisoner has a power, unknown to the faculty, of

+causing the pustules to disappear at pleasure.

+

+Dr. Baker, the second witness, gave you a clear account of the

+Prisoner’s general practice, but as he related nothing of his own

+proper knowledge, his evidence, in law, proves nothing against the

+Prisoner at the bar.

+

+Mr. Chandler, the third witness against the Prisoner, relates the

+practice of one of his accomplices, by whose means many have been

+preserved; and he likewise told you, that the composition of the

+medicines is not known.

+

+These are all the evidence produced in support of the indictment. We

+come now to those that have been examined in behalf of the Prisoner:

+the first of which was Dr. Ruston, who, by the result of a course of

+chemical experiments, has discovered the composition of these secret

+medicines; consequently, at the time when this indictment was laid,

+they were not secret medicines. This witness likewise informs you, that

+mercury, which appears to have been the chief ingredient, hath been

+long in use, especially in America, as a preparative to inoculation. He

+told you also, that the regimen prescribed by the American physicians

+was very similar to that of the Prisoner at the bar, and that he

+himself, pursuing the same general plan, has been no less successful

+than the Prisoner at the bar; and he concludes with declaring, that he

+does not believe him possessed of any secret to which his success can

+be attributed.

+

+The Counsel for the Prisoner then recalled Dr. Baker; who declared,

+that preparing persons for inoculation with calomel, and other

+purgative medicines, is a common practice; that the success, ascribed

+to the Prisoner, is not owing to any peculiar virtue in his medicines,

+but chiefly to the free use of cold air; and that this part of his

+practice is now very general, and not his own invention.

+

+The next witness was Dr. Kirkpatrick; who testifies, that for many

+years past he hath been accustomed to prepare his patients in a manner

+very similar to that of the Prisoner at the bar.

+

+Dr. Gale informed you, that he always prepared his patients with

+calomel.

+

+Dr. Gatti told you, that he paid little regard to preparation, because

+the people in the Levant are successful without it.

+

+Mr. Chandler, who had already been examined by the Counsel against

+the Prisoner, being recalled, gives it as his opinion that the

+success of this Suttonian practice is owing entirely to the manner of

+communicating the infection, which, as it is performed openly, can be

+no secret.

+

+The next witness was Dr. Glass, who informed the Court that there is

+a certain operator in Somersetshire, who without any preparation at

+all hath inoculated seventeen hundred with the loss of two patients

+only. Being asked his opinion as to the cause of the success of this

+new method, as it is called, he told you, that he believed it to be

+principally owing to the exhibition of sudorific medicines during the

+eruptive fever.

+

+Dr. Dimsdale deposed, that he hath practised inoculation in a very

+extensive manner for twenty years past without the loss of a patient;

+that his practice is very similar to that of the Prisoner at the bar;

+but that he has often inoculated without any preparation, and with

+equal success; and that he ascribes his success chiefly to the cool

+regimen, and to his method of communicating the infection with recent

+fluid matter.

+

+The last witness called was Mr. Monthly Review, who spoke to the

+character of the Rev. Mr. Houlton, on the credit of whose testimony the

+fate of the Prisoner at the bar almost entirely depends.

+

+Gentlemen of the jury, having thus briefly summed up the evidence on

+both sides, intentionally neglecting to animadvert as I went along, I

+shall now endeavour, as far as I am able, to state this complicated

+affair in such a manner, as to reduce it to a few simple questions;

+and if, after all, it should appear, that what hath been deposed be

+insufficient to explain the great mystery, I shall think it my duty,

+for the sake of truth, and in justice to the Prisoner at the bar, to

+give you as much of my own opinion as may be necessary to lead you to

+an equitable determination.

+

+First, then, I must observe to you, that the part of the indictment,

+which accuses the Prisoner, in general, of preserving the lives of

+the King’s subjects, depends entirely on the deposition of Mr. Robert

+Houlton; for though the evidence of Dr. Baker, and Mr. Chandler, may,

+in some degree, corroborate his testimony, yet they are, of themselves,

+insufficient. Some regard is certainly due to Mr. Houlton’s sacred

+function; but if you believe the gentleman who spoke to his character;

+if you view him in the light of a mere _nostrum-puffer, a Merry-Andrew

+to the stage-itinerant_; in that case, you are not only to disregard

+his function, but the whole of his evidence. But, in justice to the

+Prisoner, I must farther observe, that though you were to admit the

+evidence of Mr. Houlton in full force and virtue; yet, as it hath been

+very sufficiently proved, that there are a considerable number of

+operators, who are equally guilty of preserving the lives of the King’s

+subjects, you will doubtless consider this as a malicious prosecution,

+and on that account alone you will be justified in acquitting the

+Prisoner: for though, in general, to sin with a multitude be no excuse,

+yet the nature of this offence is such, that unless he be found

+singularly guilty, he is hardly guilty at all.

+

+But he is likewise accused of administering medicines, the composition

+of which is unknown to the faculty in general. In answer to this

+charge, Dr. Ruston hath demonstrated, that calomel is the principal

+ingredient, and several other witnesses have deposed, that calomel hath

+long been an universal medicine on these occasions. Of this part of

+the indictment therefore the Prisoner stands fairly acquitted.

+

+As to what relates to the other part of his practice, after the

+evidence you have heard, you can have no doubt, that he cannot with

+the least appearance of justice be accused of singularity, as his cold

+regimen, his mode of preparation, and method of communicating the

+disease, are at this time exactly similar to the practice of almost

+every other inoculator in this kingdom.

+

+But admitting that you are satisfied of the reality of his great

+success in the practice of inoculation, a natural question will

+arise, namely, to what particular circumstance is that success to be

+attributed? Before we attempt to solve this problem, let us first

+recollect the several opinions of those who have been examined relative

+to this matter.

+

+Mr. Houlton’s opinion was, that it is owing to certain secrets in the

+art; but it hath plainly appeared in the course of our proceedings that

+no such secrets exist.

+

+Dr. Baker was of opinion, that the success is principally to be

+ascribed to the free use of cold air; but in answer to this, I must

+observe, that there have been cases, particularly one related by Dr.

+Glass, in his late pamphlet, in which this was found insufficient.

+

+Mr. Chandler attributes it to the practice of communicating the

+disorder with crude lymph; but Dr. Dimsdale informed you, from long

+experience, that the mode of communication is a matter of indifference.

+

+Dr. Glass ascribes it to the effect of sudorifics, administered at

+the period of eruption; but Mr. Chandler told you, that the Suttonian

+practice requires no such effect from the medicines; and Dr. Dimsdale

+pursues a contrary method.

+

+As to preparation, it evidently appears from the Levant practice,

+from that of the Somersetshire operator, and from Dr. Dimsdale’s

+confession, that it is a matter of much less importance than hath

+generally been supposed; or rather, it appears to be of no importance

+at all. Nevertheless, we are obliged to acknowledge, that fewer

+patients have died under inoculation within those few years, than

+formerly, when the practice was in its infancy. It should therefore

+seem natural to conclude, that some considerable improvement has

+been made; but the nature of this improvement appears, from the

+proceedings of this day, to be yet _in nubibus_. That this new

+method of inoculation hath been amazingly successful, is beyond all

+contradiction; but that this success is not confined to the Prisoner

+at the bar, is equally indisputable. None of our patients die. The

+success is universal. Whether we prepare our patients or not; whether

+we give them mercury, or no mercury; whether we inoculate with crude

+lymph, or with matter ultimately variolated; whether we sweat them in

+the eruptive fever, or send them into the cold air; in short, let us

+proceed as we will, to kill a patient by inoculation, seems to be out

+of our power.

+

+From these _data_, I think, you may rationally conclude, that the

+Prisoner himself is totally ignorant of the real cause of his

+successful practice; and if you are of that opinion, this being a Court

+of equity, you must necessarily acquit him of the crimes laid to his

+charge. But as judge of this Court, for the sake of truth, and the more

+effectually to exculpate the Prisoner at the bar, I shall now endeavour

+to explain this mysterious affair.

+

+The small-pox hath been generally ranked among inflammatory diseases,

+and certainly with propriety, if we consider it only in it’s first

+stage; but that, in it’s natural progress, it becomes a putrid

+disorder, is indisputably true. Let us now suppose a number of patients

+ill of a malignant putrid disease, the jail fever for instance. Let us

+suppose these unhappy beings pent up in the close ward of an hospital,

+swallowing hot medicines, and denied the use of fresh air. In such a

+state the disease would certainly exert it’s utmost virulence, and very

+few of the patients would recover. Let us farther suppose a number

+of patients, in a contiguous ward, receiving the infection from the

+others; but let us imagine their medicines less inflammatory, and the

+air less confined: is there a physician here present, who has the least

+doubt that the disorder, in this case, would be less malignant and

+less fatal? Let us yet farther suppose a third ward, contiguous to the

+second, and the patients, infected from the second ward, treated more

+on the anti-phlogistic and antiseptic plan, and particularly indulged

+with fresh air: such patients, I say, having caught a milder disease,

+and being more rationally treated, would more generally escape. But

+if we carry our supposition still farther, as we gradually recede

+from the first ward, we shall find, by a parity of reasoning, that the

+disease will at last retain no more of it’s original malignity, than is

+barely sufficient to communicate the infection. The disorder will now

+assume so mild an aspect as hardly to appear of the same _genus_ with

+that from which it originally sprung.

+

+What hath been said of the jail fever, will evidently apply to the

+small-pox. We Europeans received it a malignant, a fatal disease; the

+fatality and malignancy of which, by the general practice of nurses,

+and, indeed, of most physicians, hath, perhaps, been rather increased

+than diminished: for, if an infectious disease may be rendered more

+mild by judicious treatment, it is no less certain, that a mild

+disorder may, by a series of improprieties, be gradually raised to

+such a height of virulence, as to assume a new aspect, and exhibit

+phenomena so different from those of it’s parent disease, that, in

+the end, it will constitute a new genus. If this be admitted as a

+possibility, perhaps it might be no difficult matter to trace many

+of our disorders to their origin, and to prove, that a considerable

+number are of our own creation; they are the offspring of medicine, the

+children of dulness or chimera, begotten upon old women.

+

+The small-pox, by a treatment diametrically opposite to that which

+reason, and a perfect knowledge of the nature of the disease, would

+have dictated, hath, through a series of many ages, preserved all the

+virulence with which it first burst into Europe. But experience hath

+taught us, that, when produced by inoculation, it is much less fatal.

+Why? Is it because those that are inoculated are previously prepared?

+No: that is a very insufficient reason; for you have heard, that, in

+the Levant, preparation is disregarded; and also, that some of the

+most successful operators in this nation think it of little importance.

+We must therefore search for another cause; to the discovery of which

+let us consider, in what respect the communication by inoculation

+differs from that in the natural way. In the latter case the variolous

+_miasmata_ are conveyed into the body either with the air into the

+lungs, or with the saliva into the stomach: in the former, it is

+received into the system by means of the lymphatic vessels which

+are distributed over the surface of the body. There is yet another

+difference, perhaps a very essential one, namely, that in the natural

+infection, it is communicated by volatile particles, which probably may

+be in their nature more virulent than those which are fixed. For my own

+part, I am of opinion that the small-pox is a disease of the lymphatic

+system only, and my opinion seems to be confirmed by the impossibility

+of communicating the infection by inoculating with the blood. Be this

+as it may, it is indisputably true, that the crude lymph is sufficient

+to give the infection, and that there is no necessity to draw blood at

+the time of incision. Add to this, the frequent tumour of the lymphatic

+glands in the axilla soon after the operation.

+

+From these premises, it seems rational to conclude, that the general

+success of inoculation is chiefly to be attributed to our mixing the

+fixed variolous ferment with the lymph on the surface of the body, by

+which means the viscera, most essential to our existence, are less

+affected, and the poison rendered less virulent by dilution. But the

+wonderful success of the present practice of inoculation remains yet to

+be accounted for.

+

+I have told you, that the most malignant diseases may be rendered

+less malignant by proper treatment. The malignancy of the small-pox

+hath been considerably abated by inoculation, and that malignancy

+hath been still farther diminished by the gradual introduction of

+the anti-phlogistic and antiseptic plan. So that in all places where

+inoculation hath been long practised, and the patients thus treated,

+the small-pox will naturally become a mild disorder, and the ignorant

+operators themselves will be surprised at their unexpected success.

+

+This, gentlemen of the jury, I conceive to be a true picture of the

+present state of inoculation in these kingdoms. You will now lay your

+heads together, and weigh well the evidence you have heard. If you are

+of opinion that the articles of the indictment have been sufficiently

+proved; that the Prisoner hath in an especial manner preserved the

+lives of his Majesty’s liege subjects, by secret medicines and modes

+of practice unknown to all other practitioners, you will then find him

+guilty. If on the contrary, you think that these things are not true,

+and that this is a malicious prosecution, you will in that case acquit

+him.

+

+_The jury having laid their heads together, without going out of Court,

+were called over, and answered to their names._

+

+_Cl. of the Cr._ Gentlemen of the jury, are you agreed in your verdict?

+

+_Jury._ Yes.

+

+_Cl. of the Cr._ Who shall say for you?

+

+_Jury._ Our foreman.

+

+_Cl. of the Cr._ Daniel Sutton, hold up your hand. You of the jury,

+look upon the Prisoner. How say you? Is Daniel Sutton guilty of the

+high crimes and misdemeanors of which he stands indicted, or not guilty?

+

+_Jury._ NOT GUILTY.

+

+The Prisoner was acquitted, and discharged accordingly.

+

+

+FINIS.

+

+

+

+

+Transcriber’s Notes

+

+A few minor errors in punctuation were fixed.

+

+A few minor inconsistencies in the treatment of speaker names were

+fixed.

+

+Page 8: “extreamly full” changed to “extremely full”

+

+Page 16: The missing catchword “the” from the previous page was added

+before “colour of Madeira wine”.

+

+Page 22: “he ingredients” changed to “the ingredients”

+

+Page 26: “gentletlemen” changed to “gentlemen”

+

+Page 39 & 69: “administred” changed to “administered”

+

+*** END OF THE PROJECT GUTENBERG EBOOK THE TRYAL OF MR. DANIEL SUTTON,

+FOR THE HIGH CRIME OF PRESERVING THE LIVES OF HIS MAJESTY'S LIEGE

+SUBJECTS, BY MEANS OF INOCULATION ***

+

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+<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of The tryal of Mr. Daniel Sutton, for the high crime of preserving the lives of His Majesty&#039;s liege Subjects, by means of inoculation, by Daniel Sutton</p>

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+

+<p style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: The tryal of Mr. Daniel Sutton, for the high crime of preserving the lives of His Majesty&#039;s liege Subjects, by means of inoculation</p>

+<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Daniel Sutton</p>

+<p style='display:block; text-indent:0; margin:1em 0'>Release Date: June 27, 2022 [eBook #68414]</p>

+<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p>

+  <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: The Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)</p>

+<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE TRYAL OF MR. DANIEL SUTTON, FOR THE HIGH CRIME OF PRESERVING THE LIVES OF HIS MAJESTY&#039;S LIEGE SUBJECTS, BY MEANS OF INOCULATION ***</div>

+

+

+

+<h1>

+THE<br /><br />

+

+<span class="big">TRYAL</span><br /><br />

+

+<span class="vsmall">OF</span><br /><br />

+

+Mr. DANIEL SUTTON,<br /><br />

+

+<span class="vsmall">FOR THE</span><br /><br />

+

+<span class="big">HIGH CRIME</span><br /><br />

+

+<span class="vsmall">OF</span><br /><br />

+

+<span class="big">PRESERVING THE LIVES</span><br /><br />

+

+<span class="vsmall">OF</span><br /><br />

+

+<span class="big">His Majesty’s liege Subjects,</span><br /><br />

+

+BY MEANS OF<br /><br />

+

+<span class="big">INOCULATION.</span>

+</h1>

+

+<p class="center bt bb">THE SECOND EDITION.</p>

+

+<p class="center"><span class="big">LONDON:</span><br />

+<span class="small">Printed for <span class="smcap">S. Bladon</span>, at Nᵒ. 28. Pater-noster-Row.</span></p>

+<hr class="r5" />

+<p class="center">M.DCC.LXVII.

+</p>

+

+<p><span class="pagenum" id="Page_1">[Pg 1]</span></p>

+

+

+<hr class="x-ebookmaker-drop chap" />

+<div class="chapter">

+

+<div class="btd">

+<h2>

+<span class="small">THE</span><br />

+<br />

+<span class="big">TRYAL</span><br />

+<br />

+<span class="small">OF</span><br />

+<br />

+Mr. DANIEL SUTTON.</h2>

+<p class="center">

+Begun in the College on Monday, June 1, 1767.<br />

+</p>

+</div></div>

+

+<p>This day Daniel Sutton was brought to the bar of the Court upon a

+<i xml:lang="la" lang="la">Habeas Corpus</i>, in order to be arraigned on an indictment for

+preserving the lives of the King’s subjects, found by the grand jury

+for the county of Essex.</p>

+

+<p><i>Counsel for the Cr.</i> Mr. President, there is an indictment

+for high crimes, and misdemeanors, found against Mr. Daniel Sutton,

+which hath been removed<span class="pagenum" id="Page_2">[Pg 2]</span> into this Court by <i>certiorari</i>; the

+<i>certiorari</i> and return thereof hath been filed, and the Prisoner

+is now brought into Court in order to be arraigned.</p>

+

+<p><i>President.</i> Read the indictment.</p>

+

+<p><i>Cl. of the Cr.</i> Daniel Sutton, hold up your hand. You stand

+indicted by the name of Daniel Sutton, late of the town of Ingatestone,

+in the county of Essex, for that you by inoculating, and causing to

+be inoculated, and by means of certain secret medicines and modes of

+practice, unknown to this College and to all other practitioners, not

+having the fear of the College in your heart, do presume to preserve

+the lives of his Majesty’s liege subjects; and that more especially

+during the three years last past, you have inoculated, or caused to be

+inoculated, twenty thousand persons, without the loss of one single

+patient by inoculation, contrary to the statute in that case made and

+provided.</p>

+

+<p><span class="pagenum" id="Page_3">[Pg 3]</span></p>

+

+<p>Then the twelve jurors were sworn and counted.</p>

+

+<p><i>Cl. of the Cr.</i> Cryer, make proclamation.</p>

+

+<p><i>Cryer.</i> O yes! If any one can inform, &amp;c.</p>

+

+<p><i>Cl. of the Cr.</i> Daniel Sutton, hold up your hand. Gentlemen of

+the jury, look upon the prisoner and hearken to his cause.</p>

+

+<p><i>Couns. for the Cr.</i> Mr. President, and gentlemen of the jury,

+this indictment is for the high crime of preserving the lives of his

+Majesty’s subjects by means of inoculation, and particularly by modes

+of practice and the exhibition of certain medicines unknown to this

+College, and to all others who practise the art of healing.</p>

+

+<p>Gentlemen, with regard to the first part of this charge, namely, that

+of preserving the lives of the King’s liege subjects, we shall prove,

+beyond all possibility of doubt, that in twenty thousand, whom the

+Prisoner hath inoculated, not one single patient<span class="pagenum" id="Page_4">[Pg 4]</span> hath died, whose

+death could be fairly attributed to inoculation. We shall then shew,

+that he constantly enjoins a certain unusual regimen to be observed by

+all his patients, previous to, and during the time of, inoculation;

+and lastly, we shall convince you, by unquestionable evidence, that he

+administers to his patients diverse medicines, the composition of which

+is an intire secret to this College, and to the whole faculty.</p>

+

+<p>Gentlemen, it were needless to expatiate on the heinousness of these

+crimes. Your own sagacity, and regard to justice, will be your best

+guides. We shall support our allegations by incontestible proof, and I

+make no doubt that you will find the Prisoner guilty of the crimes and

+misdemeanors specified in the indictment. If the Court pleases, we will

+now proceed to examine witnesses. Call Mr. Robert Houlton.</p>

+<div class="blockquot">

+<p>Mr. Robert Houlton was sworn.</p>

+</div>

+<p><span class="pagenum" id="Page_5">[Pg 5]</span></p>

+

+<p><i>Couns. for the Cr.</i> Do you know the Prisoner at the bar?</p>

+

+<p><i>Houlton.</i> I do.</p>

+

+<p><i>Couns. for the Cr.</i> I think, Sir, you are a clergyman?</p>

+

+<p><i>Houlton.</i> I am.</p>

+

+<p><i>Couns. for the Cr.</i> Pray, Sir, give me leave to ask you, whether

+you have had any particular connection with the Prisoner?</p>

+

+<p><i>Houlton.</i> Yes, Sir, I was particularly connected with him. I was

+his officiating clergyman.</p>

+

+<p><i>Couns. for the Cr.</i> Give me leave to ask you, whether you can

+give the Court any information concerning the number of persons

+inoculated by the Prisoner, during the last three or four years?</p>

+

+<p>

+<i>Houlton.</i> In the year 1764, he inoculated</p>

+<table class="autotable">

+<tr>

+<td colspan="2" class="tdr">1629</td>

+</tr>

+<tr>

+<td>

+In 1765

+</td>

+<td class="tdr">4347</td>

+</tr>

+<tr>

+<td>In 1766</td>

+<td class="tdr">7816</td>

+</tr>

+<tr>

+<td>

+In all</td>

+<td class="tdr bt bb">13792</td>

+</tr>

+</table>

+

+<p><span class="pagenum" id="Page_6">[Pg 6]</span></p>

+

+<p>To this number should be added 6000 that have been inoculated by Mr.

+Sutton’s assistants, as he taught them his method, and as they use none

+but his medicines. So that he may be said to have inoculated, within

+these three years, 20000 persons.</p>

+

+<p><i>C. for the Cr.</i> How many of this number have died in consequence

+of inoculation?</p>

+

+<p><i>Houlton.</i> Not one.</p>

+

+<p><i>C. for the Prisoner.</i> I think you said that you was officiating

+clergyman to the Prisoner?</p>

+

+<p><i>Houlton.</i> I did say so.</p>

+

+<p><i>C. for the Prisoner.</i> And pray, Sir, what was your office?</p>

+

+<p><i>Houlton.</i> To pray with the sick, and return thanks for their

+recovery.</p>

+

+<p><i>C. for the Prisoner.</i> Very extraordinary, truly. Give me leave

+to ask you, whence you took this very exact account of the number of

+persons inoculated by the Prisoner?</p>

+

+<p><i>Houlton.</i> From Mr. Sutton’s books.</p>

+

+<p><i>Couns. for the Prisoner.</i> I beg,<span class="pagenum" id="Page_7">[Pg 7]</span> gentlemen of the jury, you will

+observe that this account of the number of persons inoculated, and

+consequently of the number of lives preserved, one of the crimes of

+which the Prisoner stands accused, was taken only from his own books.

+This is a material circumstance, and I make no doubt but you will give

+it its due weight.</p>

+

+<p><i>Couns. for the Cr.</i> Have you any other question to ask this

+witness?</p>

+

+<p><i>Couns. for the Prisoner.</i> I have done.</p>

+

+<p><i>Couns. for the Cr.</i> We are perfectly satisfied, Mr. Houlton,

+with your accurate account of the number of people inoculated by the

+Prisoner. Now, Sir, let me ask you a few questions relative to the

+Prisoner’s peculiar method of communicating the infection. How is this

+performed?</p>

+

+<p><i>Houlton.</i> By means of a puncture so slight, that it is scarce

+felt by the patient, and which in a minute afterwards is scarce

+visible.</p>

+

+<p><span class="pagenum" id="Page_8">[Pg 8]</span></p>

+

+<p><i>Couns. for the Cr.</i> What do you know of his medicines?</p>

+

+<p><i>Houlton.</i> I know that they are most powerful. If he perceives a

+symptom in patients of a great fever, or a probability of their having

+more pustules than they would chuse, he quickly prevents both by virtue

+of his medicines.</p>

+

+<p><i>Couns. for the Cr.</i> Do you recollect any particular instance of

+this extraordinary virtue of his medicines?</p>

+

+<p><i>Houlton.</i> I do. A child belonging to Mr. Barnard, of Waltham

+in Essex, was seized with the natural small pox. As soon as it was

+discovered, by the pustules making a plentiful appearance, the child

+was conveyed to one of Mr. Sutton’s houses. The next morning, the face

+and body being extremely full, Mr. Sutton marked with a pen a great

+number of pustules, and administered the medicine I allude to: some

+hours afterwards, hundreds of the pustules disappeared; and among them

+several of those<span class="pagenum" id="Page_9">[Pg 9]</span> marked leaving the little dot on the plain surface of

+the skin. The child did extremely well.</p>

+

+<p><i>Couns. for the Cr.</i> Sir, you may retire.</p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">George Baker</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Cr.</i> Pray, Dr. Baker, inform the Court what you

+know concerning the Prisoner’s practice of inoculation.</p>

+

+<p><i>Dr. Baker.</i> I can give the Court but little information from my

+own knowledge; but what I have to say, I received from a gentleman,

+whose accuracy in observing, as well as veracity in relating what he

+observed, may be relied on. All persons are obliged to go through a

+strict preparatory regimen for a fortnight before the operation. During

+this course, all fermented liquors and animal food, except milk, are

+forbid. Fruit is generally allowed, except on the days of purging. A

+powder is given three several times, and a dose of purging<span class="pagenum" id="Page_10">[Pg 10]</span> salt on the

+following morning. The composition of this powder is a secret. But that

+it contains mercury is evident, from its having salivated some patients.</p>

+

+<p><i>Couns. for the Cr.</i> I beg, gentlemen of the jury, you will please

+to remember that the Doctor says, the composition of the powder is a

+secret. Now, Sir, please to proceed to his manner of communicating the

+disease.</p>

+

+<p><i>Dr. Baker.</i> The operator opens a pustule on the arm of some

+patient in whom the matter is yet in a crude state; and then with

+his moist lancet just raises the cuticle on the arm of the person to

+be inoculated, applying neither plaister nor bandage. This was his

+method some time ago; but he now generally dips his lancet only in the

+moisture issuing from the place of incision, before the eruption, four

+days after the operation.</p>

+

+<p><i>Couns. for the Cr.</i> And pray, Sir, what medicines does he give

+after the operation?</p>

+

+<p><i>Dr. Baker.</i> On the night following,<span class="pagenum" id="Page_11">[Pg 11]</span> the patient takes a pill,

+which is repeated every other night till the fever comes on.</p>

+

+<p><i>Couns. for the Cr.</i> Do you know the composition of this pill?</p>

+

+<p><i>Dr. Baker.</i> No: it is a secret.</p>

+

+<p><i>Couns. for the Cr.</i> Are the patients confined to their apartments

+at this period?</p>

+

+<p><i>Dr. Baker.</i> No: moderate exercise in the open air is strongly

+recommended.</p>

+

+<p><i>Couns. for the Cr.</i> Now, Sir, please to inform the Court what you

+have learnt concerning the progress of the disease and the manner of

+treating it.</p>

+

+<p><i>Dr. Baker.</i> Three days after the operation, if it succeed, there

+appears on the incision a spot, like a flea bite, not as yet above the

+skin, which gradually becomes first a red pimple, and then a bladder

+full of clear lymph, advancing to maturation with the pustules. In

+proportion as the discolouration round the place of incision is<span class="pagenum" id="Page_12">[Pg 12]</span>

+greater, the less quantity of eruption is expected; therefore, when

+this circle is small, stronger and more frequent cathartics are

+exhibited. If, when the fever comes on, there appears no tendency

+to perspiration, some acid drops, or more powerful sudorifics, are

+administered. In general, during the burning heat of the fever, he

+gives cold water; but after the perspiration begins, warm baum-tea, or

+water-gruel. As soon as the sweat abates, the eruption having appeared,

+he obliges every body to get up, to walk about the house, or into the

+garden. From this time, to the turn of the disease, he gives milk-gruel

+<i xml:lang="la" lang="la">ad libitum</i>. On the following day he gives a dose of Glauber’s

+salts, and, if the eruption be considerable, he repeats it on the third

+day.</p>

+

+<p><i>Couns. for the Cr.</i> Pray, Sir, can you give the Court any

+information relative to the number of persons that have been inoculated

+by the Prisoner and his assistants?</p>

+

+<p><span class="pagenum" id="Page_13">[Pg 13]</span></p>

+

+<p><i>Dr. Baker.</i> According to the best information that I can procure,

+about seventeen thousand have been thus inoculated, of which number no

+more than five or six have died.</p>

+

+<div class="blockquot">

+

+<p>Mr. <span class="smcap">B. Chandler</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Cr.</i> You, Sir, I think are a surgeon at Canterbury?</p>

+

+<p><i>Mr. Chandler.</i> I am.</p>

+

+<p><i>Couns. for the Cr.</i> Pray, Mr. Chandler, can you give us any

+information concerning the Prisoner’s success in the practice of

+inoculation?</p>

+

+<p><i>Mr. Chandler.</i> I know nothing of Mr. Sutton’s own particular

+practice, except from report. What I have to say relates only to that

+of one of his assistants, or partners.</p>

+

+<p><i>President.</i> This evidence cannot affect the Prisoner at the

+bar, as he tells you he knows nothing of Mr. Sutton’s own particular

+practice.</p>

+

+<p><i>Couns. for the Cr.</i> I beg your pardon, Mr. President, the

+Prisoner<span class="pagenum" id="Page_14">[Pg 14]</span> at the bar stands indicted for preserving the lives of the

+King’s subjects, not only by inoculating, but also causing to be

+inoculated.</p>

+

+<p><i>President.</i> Proceed to his examination.</p>

+

+<p><i>Couns. for the Cr.</i> Pray, Mr. Chandler, who is this assistant or

+partner, with whose practice you are acquainted?</p>

+

+<p><i>Mr. Chandler.</i> He is a surgeon of eminence at Maidstone; his name

+is Peale.</p>

+

+<p><i>Couns. for the Cr.</i> Where was it that you saw his practice?</p>

+

+<p><i>Mr. Chandler.</i> In the city of Canterbury.</p>

+

+<p><i>Couns. for the Cr.</i> What number of persons might he inoculate in

+that city?</p>

+

+<p><i>Mr. Chandler.</i> I cannot exactly tell; but it is considerable.</p>

+

+<p><i>Couns. for the Cr.</i> Did any of his patients die under inoculation?</p>

+

+<p><i>Mr. Chandler.</i> Not that I know of.</p>

+

+<p><span class="pagenum" id="Page_15">[Pg 15]</span></p>

+

+<p><i>Couns. for the Cr.</i> Did you hear Dr. Baker’s evidence?</p>

+

+<p><i>Mr. Chandler.</i> I did.</p>

+

+<p><i>Couns. for the Cr.</i> Does Mr. Peale’s practice differ in any

+respect from that of the Prisoner, as related by the Doctor?</p>

+

+<p><i>Mr. Chandler.</i> It differs in some few particulars.</p>

+

+<p><i>Couns. for the Cr.</i> What are these particulars?</p>

+

+<p><i>Mr. Chandler.</i> I think, Dr. Baker informed the Court that the

+persons to be inoculated are a fortnight under preparation. That

+time is now reduced to eight days. The pill is not given every other

+night, as mentioned by the Doctor; many of Mr. Peale’s patients not

+having taken it till the fifth day after inoculation. It is generally

+repeated on the seventh day, and sometimes continued to the eighth or

+ninth. When the eruptive fever comes on, a sort of julap is given to

+be drank <i xml:lang="la" lang="la">ad libitum</i>; composed of a small quantity of a medicine

+nearly<span class="pagenum" id="Page_16">[Pg 16]</span> the colour of Madeira wine, poured into a quart or pint bottle

+of spring water. It’s taste is very agreeable, cooling, and sub-acid.

+And here my observations differ most from the accounts related to

+Dr. Baker; for though this medicine, if taken upon going to bed, did

+sometimes seem to occasion a slight perspiration, yet an increased

+perspiration was never, that I saw, or could learn, insisted on in the

+day, much less a profuse sweat at any time: for none of the patients

+are allowed to lie in bed, or sit over the fire, or keep within doors,

+if the weather is tolerable, even during the feverish symptoms, and the

+only drink allowed is toast and water.</p>

+

+<p><i>Couns. for the Prisoner.</i> I thought, Sir, you said that the

+patients were allowed a certain sub-acid julap <i xml:lang="la" lang="la">ad libitum</i>? and

+now you tell us, that the only drink allowed is toast-water. I beg,

+gentlemen of the jury, you will observe that he contradicts himself.</p>

+

+<p><i>Mr. Chandler.</i> When I said that<span class="pagenum" id="Page_17">[Pg 17]</span> toast-water was the only drink

+allowed, I certainly mean to except the julap, which I considered as a

+medicine, and the toast-water as common drink.</p>

+

+<p><i>Couns. for the Prisoner.</i> I submit it to the Court, whether he

+did not contradict himself.</p>

+

+<p><i>President.</i> He has explained his meaning sufficiently.</p>

+

+<p><i>C. for the Prisoner.</i> I submit. Mr. Chandler, we desire you will

+not leave the Court; we shall ask you a few more questions by and by.</p>

+

+<p><i>C. for the Pris.</i> Pray, Mr. Chandler, let me ask you, whether you

+know the composition of the medicines given by Mr. Peale?</p>

+

+<p><i>Mr. Chandler.</i> I do not.</p>

+

+<p><i>Couns. for the Pris.</i> You do not. Then they are secret medicines?</p>

+

+<p><i>Mr. Chandler.</i> They are.</p>

+

+<p><i>Couns. for the Pris.</i> Sir, we have done with you. Mr. President,

+and gentlemen of the jury, this is all the evidence we shall produce in

+support of our indictment. Though it<span class="pagenum" id="Page_18">[Pg 18]</span> were easy to corroborate every

+thing they have said by a hundred witnesses; yet as these are more than

+the law requires, as their evidence is so clear and circumstantial,

+and as they are gentlemen of undoubted character, we think it totally

+unnecessary to trouble you with the repetition of facts, of the truth

+of which you cannot possibly doubt.</p>

+

+<p>That the Prisoner at the bar is guilty of preserving the lives of his

+Majesty’s liege subjects, we have proved, first, on the evidence of

+the Rev. Mr. Houlton, who asserts, that in the space of three years,

+he, the Prisoner, hath inoculated, or caused to be inoculated, no less

+than twenty thousand persons. Now, in the old way of inoculation, if we

+allow that there died one in two hundred, which I believe is about the

+mark, it will appear, that he hath actually preserved the lives of one

+hundred people; for in the twenty thousand inoculated by the Prisoner

+and his accomplices,<span class="pagenum" id="Page_19">[Pg 19]</span> not one hath died, whose death could be justly

+attributed to inoculation. This witness hath likewise informed you,

+that the Prisoner is actually possessed of a certain medicine, by the

+administration of which, and by the help of a magick circle drawn with

+a pen round the pustules, together with a prayer composed and repeated

+by this witness on the occasion, he can make them retire at the word

+of command, with the same dexterity, and in the same manner, as any

+other <i>Hocus Pocus</i> commands his little balls to pass through the

+table. That this is performed by means unknown to the faculty, is very

+evident, as not one of them all pretends to any thing like it.</p>

+

+<p>Dr. Baker, a physician of considerable reputation, after giving you

+a clear account of the Prisoner’s extraordinary method of preparing,

+and manner of treating his patients thro’ the whole progress of the

+disease, sufficiently confirms the evidence of Mr.<span class="pagenum" id="Page_20">[Pg 20]</span> Houlton, in regard

+to the number of persons inoculated; with whom he also agrees in

+confirming that material part of our allegation, which accuses the

+Prisoner of performing these miracles by means of secret medicines, and

+unusual modes of practice.</p>

+

+<p>Our last witness, Mr. Chandler, a very skilful surgeon, hath, in

+the course of his examination, corroborated Dr. Baker’s account of

+the Prisoner’s unprecedented mode of practice, at least in the most

+essential points; so that you cannot possibly entertain the least doubt

+as to facts. Gentlemen, it were very easy for me to expatiate on the

+fatal consequences of permitting such proceedings to go unpunished; but

+your own understanding and impartiality will, I make no doubt, prompt

+you to determine with propriety: I therefore forbear to say any thing

+more that might influence your judgement. The counsel for the Prisoner

+may now call their evidence whenever they think proper.</p>

+

+<p><span class="pagenum" id="Page_21">[Pg 21]</span></p>

+

+<p><i>Couns. for the Prisoner.</i> Mr. President, and gentlemen of the

+jury, the Prisoner at the bar stands indicted for preserving the

+lives of his Majesty’s liege subjects, by secret medicines and modes

+of practice, and by inoculating, or causing to be inoculated, divers

+persons, &amp;c. With regard to his preserving the lives of the King’s

+subjects, it has been so insufficiently proved, that we shall not take

+up your time in disproving it; but as to his secret medicines, we shall

+shew you that the ingredients of which they are made are certainly

+known, and consequently that they are not secret medicines. We shall

+prove to you, by undeniable evidence, that the same medicines have been

+long recommended and administered for the same purposes, and with equal

+success. And we shall, last of all, produce a witness of unquestionable

+authority, who will convince you that the successful practice of

+inoculation does not depend on any peculiar medicine whatsoever, and<span class="pagenum" id="Page_22">[Pg 22]</span>

+consequently that the Prisoner is perfectly guiltless of the crimes of

+which he stands accused. Call Dr. Thomas Ruston.</p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Thomas Ruston</span> sworn.</p>

+</div>

+

+<p>Pray, Dr. Ruston, have you any knowledge of the composition of

+certain medicines used by the Prisoner at the bar, in his practice of

+inoculation?</p>

+

+<p><i>Dr. Ruston.</i> I believe I have.</p>

+

+<p><i>Couns. for the Pris.</i> What is the form of these medicines?</p>

+

+<p><i>Dr. Ruston.</i> Powders, pills, and drops.</p>

+

+<p><i>Couns. for the Prisoner.</i> What are the ingredients which compose

+the powder?</p>

+

+<p><i>Dr. Ruston.</i> I verily believe the powder to consist entirely of

+calomel and æthiops mineral.</p>

+

+<p><i>Couns. for the Pris.</i> What are your reasons for thinking so?</p>

+

+<p><i>Dr. Ruston.</i> My reasons are founded<span class="pagenum" id="Page_23">[Pg 23]</span> on chemical experiment and

+analogy.</p>

+

+<p><i>Couns. for the Prisoner.</i> What experiment and what analogy?</p>

+

+<p><i>Dr. Ruston.</i> 1st. To a small quantity of Mr. Sutton’s powder,

+which was of a greyish colour, I added a few drops of volatile alkali,

+which immediately changed it to a deep black. <abbr title="secondly">2dly.</abbr> To a small quantity

+of the same, a few drops of a solution of salt of tartar were added,

+which produced the same colour. <abbr title="thirdly">3dly.</abbr> A few drops of lime-water were

+added, which also changed the powder black, but not quite so black as

+in experiment 1 and 2. The colour and weight of Mr. Sutton’s powder

+were exactly imitated by the addition of six grains of æthiops to ten

+grains of calomel, and by repeating the above experiments with this

+composition, it was found to exhibit exactly the same phenomena.</p>

+

+<p><i>Couns. for the Prisoner.</i> Now, Sir, as to the pills?</p>

+

+<p><span class="pagenum" id="Page_24">[Pg 24]</span></p>

+

+<p><i>Dr. Ruston.</i> The pills, from their smell, taste, colour,

+and effects, are evidently no other than the well-known <i>pilulæ

+cochiæ</i>, with a small addition of calomel.</p>

+

+<p><i>Couns. for the Prisoner.</i> Did you make no experiment with the

+pills?</p>

+

+<p><i>Dr. Ruston.</i> Yes. I poured on one of them a few drops of volatile

+alkali, and it immediately struck a deep black. The same appearance

+was produced by salt of tartar, and by lime-water. I then added a

+few grains of calomel to the <i xml:lang="la" lang="la">pilulæ cochiæ</i>, and repeated the

+experiments with the same effect.</p>

+

+<p><i>Couns. for the Prisoner.</i> And what discoveries have you made

+concerning the drops?</p>

+

+<p><i>Dr. Ruston.</i> The acid drops with which he prepares his punch,

+is so obviously of the same nature with the dulcified volatile

+vitriolic acid that arises during the distillation of æther, and which

+is the same with what exists in large quantities in the <i xml:lang="la" lang="la">liquor

+anodinus</i><span class="pagenum" id="Page_25">[Pg 25]</span> of Hoffman, that it was unnecessary to submit it to any

+chemical experiment. There was nothing foreign in its composition.</p>

+

+<p><i>Couns. for the Cr.</i> Not to interrupt the course of your

+examination, I beg leave, before you proceed, to ask the Doctor one

+question. If I remember right, you said, the powder contained ten

+grains of calomel. Pray, Doctor, is not this an unusual large dose?</p>

+

+<p><i>Dr. Ruston.</i> As an alterative it certainly is so; and therefore

+Mr. Sutton’s powders have often been known to salivate the patient.

+But its activity is somewhat weakened by the sulphur contained in the

+æthiops.</p>

+

+<p><i>Couns. for the Cr.</i> But has it not been generally supposed that

+there was some other powerful ingredient in Mr. Sutton’s medicines?</p>

+

+<p><i>Dr. Ruston.</i> Yes, antimony. But from my experiments, I am

+convinced of the contrary.</p>

+

+<p><i>Couns. for the Pris.</i> Now, Doctor, give me leave to ask you,

+whether the exhibition<span class="pagenum" id="Page_26">[Pg 26]</span> of mercury, as preparative to inoculation, be

+the invention of the Prisoner at the bar?</p>

+

+<p><i>Dr. Ruston.</i> Certainly not.</p>

+

+<p><i>Couns. for the Pris.</i> Who were the inventors of this practice?</p>

+

+<p><i>Dr. Ruston.</i> I cannot answer positively to that question. The

+great Boerhaave, in his Aphorisms, recommended the experiment of

+uniting mercury with antimony as an antidote to the variolous virus;

+but I believe some American physicians were the first who used mercury

+in preparing for inoculation.</p>

+

+<p><i>Couns. for the Pris.</i> And with what success?</p>

+

+<p><i>Dr. Ruston.</i> With very great. Out of the first three thousand

+inoculated, only five died; and these were all children, who could not

+be prevailed on to take the medicine.</p>

+

+<p><i>Couns. for the Pris.</i> I beg, gentlemen of the jury, you will

+remember this circumstance—All that took the mercurial medicines

+recovered.<span class="pagenum" id="Page_27">[Pg 27]</span> Pray, Dr. Ruston, was this new method of preparation long

+confined to any particular physician, or part of America?</p>

+

+<p><i>Dr. Ruston.</i> No: the fame of its extraordinary success soon

+produced a number of inoculators on the new plan; so that in a short

+time it spread from one end of the continent to the other.</p>

+

+<p><i>Couns. for the Pris.</i> Did these several inoculators all give

+precisely the same medicines?</p>

+

+<p><i>Dr. Ruston.</i> Not precisely.</p>

+

+<p><i>Couns. for the Pris.</i> In what respect do they differ?</p>

+

+<p><i>Dr. Ruston.</i> Principally in the proportions of calomel and

+antimony.</p>

+

+<p><i>Couns. for the Pris.</i> But they all agreed in giving calomel?</p>

+

+<p><i>Dr. Ruston.</i> All.</p>

+

+<p><i>Couns. for the Pris.</i> Did they agree in any other respect?</p>

+

+<p><i>Dr. Ruston.</i> Yes: they all gave cathartics, and during the

+eruptive fever<span class="pagenum" id="Page_28">[Pg 28]</span> treated their patients in the anti-phlogistic method.</p>

+

+<p><i>Couns. for the Pris.</i> Were their patients under any restrictions

+in regard to diet?</p>

+

+<p><i>Dr. Ruston.</i> In general they were ordered to abstain from salt

+food, spirituous liquors, butter, oil, and such like.</p>

+

+<p><i>Couns. for the Pris.</i> You have given a very satisfactory account

+of these matters. Now give me leave to ask, whether you yourself

+practise inoculation?</p>

+

+<p><i>Dr. Ruston.</i> I do.</p>

+

+<p><i>Couns. for the Pris.</i> Do you prepare your patients?</p>

+

+<p><i>Dr. Ruston.</i> Certainly.</p>

+

+<p><i>Couns. for the Pris.</i> Do you confine your patients to any

+particular diet?</p>

+

+<p><i>Dr. Ruston.</i> I order them to abstain from animal food, spirituous

+liquors, and spices.</p>

+

+<p><i>Couns. for the Pris.</i> And what medicines do you prescribe?</p>

+

+<p><span class="pagenum" id="Page_29">[Pg 29]</span></p>

+

+<p><i>Dr. Ruston.</i> They consist principally of mercurials and

+antimonials.</p>

+

+<p><i>Couns. for the Pris.</i> Do you believe there is any specific virtue

+in these medicines? Do you give them as antidotes?</p>

+

+<p><i>Dr. Ruston.</i> By no means. I give them merely as evacuants, and

+accordingly proportion them to the constitution and age of the patient.</p>

+

+<p><i>Couns. for the Pris.</i> Can you say any thing, from experience, of

+the success of your method, compared with that of the Prisoner at the

+bar?</p>

+

+<p><i>Dr. Ruston.</i> I can say, from experience, that my method, in point

+of success, is fully equal to his.</p>

+

+<p><i>Couns. for the Pris.</i> What is your opinion of his cold regimen?</p>

+

+<p><i>Dr. Ruston.</i> I approve of it in general, and practise it; but not

+in the extreme.</p>

+

+<p><i>Couns. for the Pris.</i> What is your opinion as to the manner of

+communicating the infection?</p>

+

+<p><span class="pagenum" id="Page_30">[Pg 30]</span></p>

+

+<p><i>Dr. Ruston.</i> I think it a matter of little importance. That of

+just raising the skin with the point of a lancet, which has been dipped

+into a pustule, and then rubbing the matter which adheres to it on the

+wound with the finger, seems to be as good a one as any.</p>

+

+<p><i>Couns. for the Pris.</i> One question more. Do you think, upon the

+whole, that the Prisoner at the bar possesses any secret, to which his

+success is to be attributed?</p>

+

+<p><i>Dr. Ruston.</i> I think it must have appeared, from the evidence I

+have given, that he possesses no secret at all.</p>

+

+<p><i>Couns. for the Pris.</i> We shall now recall one of their own

+witnesses; a gentleman of undoubted veracity; whose evidence, if

+it have proved any thing against the Prisoner, will, upon farther

+examination, be found to prove much more in his favour.</p>

+

+<p><span class="pagenum" id="Page_31">[Pg 31]</span></p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Baker</span>.</p>

+</div>

+

+<p>Pray, Dr. Baker, is the practice of preparing persons for the small pox

+with calomel peculiar to the Prisoner at the bar?</p>

+

+<p><i>Dr. Baker.</i> By no means: it is a very general practice. There are

+several physicians of credit who insist strenuously on its good effects.</p>

+

+<p><i>Couns. for the Pris.</i> Is it common to give purgative medicines on

+this occasion?</p>

+

+<p><i>Dr. Baker.</i> That in general two or three doses of some purging

+medicine ought to be given, almost all inoculators have agreed.</p>

+

+<p><i>Couns. for the Pris.</i> Now, Dr. Baker, give me leave to ask

+you, as a physician, whether it be your opinion that the marvellous

+success, of which the Prisoner stands accused, be owing to the peculiar

+virtue of any medicine or medicines, known only to himself and his

+accomplices?</p>

+

+<p><span class="pagenum" id="Page_32">[Pg 32]</span></p>

+

+<p><i>Dr. Baker.</i> I am of opinion it is not.</p>

+

+<p><i>Couns. for the Pris.</i> To what cause then do you ascribe that

+success?</p>

+

+<p><i>Dr. Baker.</i> Principally to the free use of cold air.</p>

+

+<p><i>Couns for the Pris.</i> Is he the only inoculator who allows his

+patients the free use of cold air?</p>

+

+<p><i>Dr. Baker.</i> Not now: the practice is at present very general in

+many parts of this kingdom.</p>

+

+<p><i>Couns. for the Pris.</i> Was he the inventor of this cold regimen?</p>

+

+<p><i>Dr. Baker.</i> I cannot accuse him of being the inventor, because

+it is strenuously recommended, in the natural small pox, by writers of

+the first rank, particularly Sydenham, whose works are in the hands of

+every physician.</p>

+

+<p><i>Couns. for the Pris.</i> We shall now call a physician sufficiently

+known in the medical world, particularly by his <i>Analysis of

+Inoculation</i>.</p>

+

+<p><span class="pagenum" id="Page_33">[Pg 33]</span></p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Kirkpatrick</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> I think, Sir, you have had much experience

+in the practice of inoculation?</p>

+

+<p><i>Dr. Kirkpatrick.</i> I have.</p>

+

+<p><i>Couns. for the Pris.</i> Have you been long accustomed to give

+calomel in preparing your patients?</p>

+

+<p><i>Dr. Kirkpatrick.</i> It hath long been my practice, as appears from

+my book.</p>

+

+<p><i>Couns. for the Pris.</i> Has it been your practice to confine your

+patients to any particular regimen?</p>

+

+<p><i>Dr. Kirkpatrick.</i> It appears from my <i>Analysis</i>, that

+I regulate my practice, in this respect, according to age and

+constitution; but in general I advise that they should abstain

+from flesh meat, spirituous liquors, and, in short, every thing

+inflammatory, or difficult of digestion.</p>

+

+<p><i>Couns. for the Pris.</i> I beg, gentlemen of the jury, you will take

+notice that the Doctor prescribes a vegetable<span class="pagenum" id="Page_34">[Pg 34]</span> diet; so that this is no

+new thing. Pray, Doctor, when was your <i>Analysis</i> printed?</p>

+

+<p><i>Dr. Kirkpatrick.</i> The first edition, in the last King’s reign,

+and the second in the year 1761.</p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Benjamin Gale</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> You are a physician, I think?</p>

+

+<p><i>Dr. Gale.</i> I am.</p>

+

+<p><i>Couns. for the Pris.</i> Where do you live?</p>

+

+<p><i>Dr. Gale.</i> At Connecticut in New England.</p>

+

+<p><i>Couns. for the Pris.</i> Have you practised inoculation?</p>

+

+<p><i>Dr. Gale.</i> I have inoculated many hundreds.</p>

+

+<p><i>Couns. for the Pris.</i> Do you prepare your patients with calomel?</p>

+

+<p><i>Dr. Gale.</i> I do.</p>

+

+<p><i>Couns. for the Pris.</i> With what success?</p>

+

+<p><i>Dr. Gale.</i> With very great success. In eight hundred patients, I

+have lost but one.</p>

+

+<p><span class="pagenum" id="Page_35">[Pg 35]</span></p>

+

+<div class="blockquot">

+

+<p>Mr. <span class="smcap">Gatti</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> If I am properly instructed, you, Sir, have

+practised inoculation in France?</p>

+

+<p><i>Mr. Gatti.</i> Some time ago I was much employed in that business at

+Paris.</p>

+

+<p><i>Couns. for the Pris.</i> In what manner did you prepare your

+patients?</p>

+

+<p><i>Mr. Gatti.</i> I was always an enemy to any general plan: I paid

+the less regard to preparation, because I knew, that in all the

+Levant, where the natural small-pox is as fatal as elsewhere; and

+where you may find old women who have inoculated ten thousand people

+without an accident: the only enquiry is, whether the patient is

+prepared by nature. All that is considered, is, whether the breath be

+sweet, the skin soft, and whether a little wound in it heals easily.

+Whenever these conditions are found, they inoculate without the least

+apprehension of danger.</p>

+

+<p><span class="pagenum" id="Page_36">[Pg 36]</span></p>

+

+<p><i>C. for the Pris.</i> We shall now call a witness, who has already

+been examined by the counsel on the other side.</p>

+

+<div class="blockquot">

+

+<p>Mr. <span class="smcap">Chandler</span>.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> You, Sir, seem to have observed the

+Suttonian practice with a good deal of attention: please to inform the

+Court, whether you attribute the success of this new method to the

+virtue of his medicines.</p>

+

+<p><i>Mr. Chandler.</i> I attribute his extraordinary success neither to

+his medicines, nor his cool regimen, but principally to his method of

+communicating the infection by means of the crude lymph before it has

+been ultimately variolated by the succeeding fever; and I found my

+opinion on that being the only circumstance in which he differs from

+other inoculators.</p>

+

+<p><i>Couns. for the Pris.</i> Which, gentlemen of the jury, you will

+please to<span class="pagenum" id="Page_37">[Pg 37]</span> observe, is no secret: it is, indeed, a circumstance which

+could not possibly be concealed; for the method of performing the

+operation must not only be obvious to every patient, but to every

+by-stander.</p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Glass</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> If I am not misinformed, you practice

+physic in the city of Exeter?</p>

+

+<p><i>Dr. Glass.</i> I do.</p>

+

+<p><i>Couns. for the Pris.</i> I presume, Doctor, you have heard of these

+mighty miracles said to be performed by the Prisoner at the bar?</p>

+

+<p><i>Dr. Glass.</i> I have; and have moreover been at some pains to

+discover the cause of these miracles.</p>

+

+<p><i>Couns. for the Pris.</i> Do you know of any other miraculous

+inoculator?</p>

+

+<p><i>Dr. Glass.</i> There is, in Somersetshire, an operator who hath

+inoculated, at least, seventeen hundred patients, with the loss of two

+only.</p>

+

+<p><span class="pagenum" id="Page_38">[Pg 38]</span></p>

+

+<p><i>Couns. for the Pris.</i> Are you acquainted with his method?</p>

+

+<p><i>Dr. Glass.</i> I am.</p>

+

+<p><i>Couns. for the Pris.</i> Is it different from that of the Prisoner?</p>

+

+<p><i>Dr. Glass.</i> It is apparently, though perhaps not essentially,

+different.</p>

+

+<p><i>Couns. for the Pris.</i> Pray, Doctor, favour the Court with an

+account of this practice.</p>

+

+<p><i>Dr. Glass.</i> This Somersetshire operator inoculates all that apply

+to him for that purpose, without examining in what state of health they

+are, or have been, or asking them a single question. He always begins

+his process with communicating the infection. After this he bleeds

+some, purges all twice, confines them to a low diet, forbids exercise,

+and whatever quickens the motion of the blood. Every one, as soon as

+the eruptive fever begins, is put to bed in a room that is shut up

+close, to keep out the cool air, is well covered with bed-cloaths, and

+has plenty of baum tea given him to make him<span class="pagenum" id="Page_39">[Pg 39]</span> sweat. But if this doth

+not answer, a sweating powder, which, being tasteless, is supposed

+to be some antimonial preparation, is administered. By these means,

+a plentiful sweat is procured, and continued till the eruption is

+compleated. The patient is then permitted to get up, walk about the

+house, and to go out, if he pleaseth, into the open air, when the

+weather is not unfavourable.</p>

+

+<p><i>Couns. for the Pris.</i> I think, Sir, you said that you had been

+at some pains to discover the cause of the miraculous success ascribed

+to this new method of inoculation, as it is called: is it your opinion

+that it is owing to any peculiarity in his preparatory course?</p>

+

+<p><i>Dr. Glass.</i> No; because the result of inoculation after various

+methods of preparation, and without any preparation at all, as appears

+from the practice of the Somersetshire man, are much the same.</p>

+

+<p><i>Couns. for the Pris.</i> Do you ascribe it to the use of mercury?</p>

+

+<p><span class="pagenum" id="Page_40">[Pg 40]</span></p>

+

+<p><i>Dr. Glass.</i> No; because I certainly know, that some gentlemen

+of my acquaintance, who make it a constant rule to prepare with

+mercurials, have not been more successful than some others, who seldom

+or never use any mercurial preparation before or after the operation.</p>

+

+<p><i>Couns. for the Pris.</i> Are you of opinion that it is to be

+attributed to his extreme cool regimen?</p>

+

+<p><i>Dr. Glass.</i> No; though I approve it in general: nevertheless, I

+will venture to say, that I have met with some cases, in which cordial

+medicines were necessary. Yet I apprehend, that a close room and hot

+air are always extremely prejudicial in every stage of the small-pox,

+and in all kinds of fevers.</p>

+

+<p><i>Couns. for the Pris.</i> Do you lay any stress on the manner of

+communicating the infection?</p>

+

+<p><i>Dr. Glass.</i> No; it can make but little difference whether the

+infectious matter is applied to a slight wound of<span class="pagenum" id="Page_41">[Pg 41]</span> the skin on the

+point of a lancet, or a bit of thread.</p>

+

+<p><i>Couns. for the Pris.</i> To what cause then do you ascribe the great

+success of the Suttonians?</p>

+

+<p><i>Dr. Glass.</i> It seems highly probable, that their singular success

+is chiefly owing to their singular method of disposing their patients

+to sweat, and then sweating them, by the medicines they give after

+inoculation, and during the eruptive fever.</p>

+

+<p><i>Couns. for the Pris.</i> Mr. President, and gentlemen of the jury,

+we shall now produce a witness, whose successful practice in the

+particular branch of inoculation is universally known to have been

+equal to that of the Prisoner at the bar; and whose evidence (if of the

+Prisoner’s innocence there yet remain <i>a loop to hang a doubt on</i>)

+will certainly put the matter beyond all dispute.</p>

+

+<div class="blockquot">

+

+<p>Dr. <span class="smcap">Dimsdale</span> sworn.</p>

+</div>

+

+<p><i>C. for the Pris.</i> Hertford, I think, Doctor, is the place of your

+residence?</p>

+

+<p><span class="pagenum" id="Page_42">[Pg 42]</span></p>

+

+<p><i>Dr. Dimsdale.</i> It is.</p>

+

+<p><i>Couns. for the Pris.</i> Pray, Dr. Dimsdale, have you been long in

+the practice of inoculation?</p>

+

+<p><i>Dr. Dimsdale.</i> Upwards of twenty years.</p>

+

+<p><i>Couns. for the Pris.</i> Has your practice in that branch of your

+profession been extensive?</p>

+

+<p><i>Dr. Dimsdale.</i> Very extensive.</p>

+

+<p><i>Couns. for the Pris.</i> Have you lost many patients under

+inoculation?</p>

+

+<p><i>Dr. Dimsdale.</i> About fourteen years ago I had one patient, who,

+after the eruption of a few distinct pustules, died of a fever, which I

+esteemed wholly independent of the small-pox.</p>

+

+<p><i>Couns. for the Pris.</i> Did you then, in upwards of twenty

+years, never lose a patient, whose death could be justly ascribed to

+inoculation?</p>

+

+<p><i>Dr. Dimsdale.</i> Not one.</p>

+

+<p><i>Couns. for the Pris.</i> Perhaps, Doctor, you have been particularly

+careful in the choice of your subjects?</p>

+

+<p><i>Dr. Dimsdale.</i> Not in the least: I<span class="pagenum" id="Page_43">[Pg 43]</span> have inoculated persons of

+all ages, all constitutions, and at all seasons of the year.</p>

+

+<p><i>Couns. for the Pris.</i> In what manner do you prepare your

+patients? Do you confine them to any particular regimen?</p>

+

+<p><i>Dr. Dimsdale.</i> In directing the preparatory regimen, I

+principally aim at these four points: to reduce the patient, if in high

+health, to a low and more secure state; to strengthen the constitution,

+if too low; to correct what appears vitiated; and to clear the stomach

+and bowels, as much as may be, from all crudities and their effects.

+With these intentions, therefore, I order them to abstain from

+animal food, spirituous liquors, and spices, for ten days before the

+operation; during which time, I give three doses of a powder composed

+of eight grains of calomel, the same quantity of the compound powder of

+crabs claws, and one-eighth of a grain of emetic tartar:<span class="pagenum" id="Page_44">[Pg 44]</span> this powder

+is taken over-night, and a dose of Glauber’s salts in the morning. On

+the days of purging I allow broths.</p>

+

+<p><i>Couns. for the Pris.</i> In what manner do you usually communicate

+the infection?</p>

+

+<p><i>Dr. Dimsdale.</i> With a lancet, dipped in the variolous matter, I

+make an incision as short as possible, and so slight as to pass only

+just through the scarf-skin. I then stretch the little wound with my

+finger and thumb, and moisten it with the matter on the point of my

+lancet. This operation I generally perform on both arms, to prevent

+disappointment.</p>

+

+<p><i>Couns. for the Pris.</i> Do you take the matter from the natural

+small-pox, or do you prefer that taken from a person inoculated?</p>

+

+<p><i>Dr. Dimsdale.</i> It seems to be of no consequence, whether

+infecting matter be taken from the natural, or inoculated small-pox.

+I have used both, and never have been able to discover<span class="pagenum" id="Page_45">[Pg 45]</span> the least

+difference, either in point of certainty of infection, the progress,

+or the event; and, therefore, I take the infection from either, as

+opportunity offers, or at the option of my patients or their friends.</p>

+

+<p><i>Couns. for the Pris.</i> Did you ever inoculate with the lymph taken

+before the crisis of the distemper?</p>

+

+<p><i>Dr. Dimsdale.</i> I have taken a little clear fluid from the

+elevated pellicle on the incised part, even so early as the fourth day

+after the operation; and have at other times used matter fully digested

+after the crisis, with equal success. I chuse, however, in general, to

+take matter for infection during the fever of eruption, as I suppose it

+at that time to have it’s utmost activity.</p>

+

+<p><i>Couns. for the Pris.</i> What medicines do you prescribe after

+communicating the infection?</p>

+

+<p><i>Dr. Dimsdale.</i> On the second day, in the evening, I usually give

+a pill, composed of calomel and compound<span class="pagenum" id="Page_46">[Pg 46]</span> powder of crabs claws, each

+three grains, with one-tenth of a grain of emetic tartar. This I also

+repeat on the first appearance of the eruptive symptoms, in case they

+seem to indicate any uncommon degree of vehemence; and the next morning

+I order a dose of purging physic.</p>

+

+<p><i>Couns. for the Pris.</i> Do you confine your patients to their beds

+during the eruptive fever?</p>

+

+<p><i>Dr. Dimsdale.</i> By no means: on the contrary, as soon as the

+symptoms of the eruptive fever come on, they are directed, when the

+purging medicines have operated, to keep abroad in the open air, be

+it ever so cold, as much as they can bear, and to drink cold water,

+if thirsty; always taking care not to stand still, but to walk about

+moderately while abroad.</p>

+

+<p><i>Couns. for the Pris.</i> Is this your constant practice?</p>

+

+<p><i>Dr. Dimsdale.</i> It’s effects are so salutary, and so constantly

+confirmed by experience, and an easy progress<span class="pagenum" id="Page_47">[Pg 47]</span> through every stage of

+the disease depends so much upon it, that I admit of no exception.</p>

+

+<p><i>Couns. for the Pris.</i> Now, Doctor Dimsdale, give me leave to ask

+you, whether you are possessed of any medicine by which you can repel a

+number of pustules, when they appear too numerous, leaving only such a

+quantity as the patient shall desire?</p>

+

+<p><i>Dr. Dimsdale.</i> I am, indeed, possessed of no such medicine.

+Sometimes the whole surface of the skin is covered with a rash,

+intimately mixed with the variolous eruption. This rash has been often

+mistaken for the confluence it so much resembles, and has afforded

+occasion for some practitioners, either ignorantly or disingenuously,

+to pretend, that after a very copious eruption of the confluent pox,

+they can, by a specific medicine, discharge the major part of the

+pustules, leaving only as many distinct ones as may satisfy the patient

+that he has the disease.</p>

+

+<p><span class="pagenum" id="Page_48">[Pg 48]</span></p>

+

+<p><i>Couns. for the Pris.</i> Thank you, Sir; the Prisoner is much

+indebted to you for this explanation of the matter. You have

+sufficiently cleared him from the imputation of sorcery. Pray, Doctor,

+let me ask, whether you ever inoculated without preparation?</p>

+

+<p><i>Dr. Dimsdale.</i> I have often inoculated without any preparation at

+all, and have always had the same success.</p>

+

+<p><i>Couns. for the Pris.</i> To what then do you chiefly ascribe the

+success of this new method?</p>

+

+<p><i>Dr. Dimsdale.</i> I can only answer, that although the whole process

+may have some share in it, in my opinion it consists chiefly in the

+method of inoculating with recent fluid matter, and in the management

+of the patients at the time of eruption.</p>

+

+<p><i>Couns. for the Pris.</i> Mr. President, and gentlemen of the jury,

+the evidence which we have examined, on behalf of the Prisoner at

+the bar, have<span class="pagenum" id="Page_49">[Pg 49]</span> spoken so positively, and have in general delivered

+themselves with so much precision, that there can be no doubt but you

+are perfectly satisfied that he is innocent of the crimes laid to

+his charge in the indictment: nevertheless, in order to collect the

+whole into one point of view, I shall briefly recapitulate what hath

+been proved, and endeavour to point out those circumstances which

+principally merit your attention.</p>

+

+<p>The Prisoner stands indicted for preserving the lives of his Majesty’s

+liege subjects, by means of secret medicines, and modes of practice,

+unknown to the faculty. The first part of this charge was supported

+almost entirely on the evidence of a person who calls himself

+officiating clergyman to the prisoner. This gentleman told you, that

+his office was, to pray with the sick, and to return thanks for their

+recovery. But he had told you before, that the Prisoner never lost a

+single patient by inoculation; consequently<span class="pagenum" id="Page_50">[Pg 50]</span> there was no danger, and

+consequently no more reason to pray at this time than at any other.

+An officiating clergyman, therefore, in this case, seems so perfectly

+unnecessary, as to render his account of his office ridiculous and

+incredible; a circumstance which greatly invalidates his evidence: and

+lest you should be improperly influenced by your special regard to the

+sacred function of this officiating gentleman; lest you should allow

+the supposed gravity of his character to add weight to his testimony;

+we shall now call a witness of some consequence, who, in few words,

+will give you a just idea of the reverend Mr. Houlton.</p>

+

+<div class="blockquot">

+

+<p><span class="smcap">Monthly Review</span> sworn.</p>

+</div>

+

+<p><i>Couns. for the Pris.</i> Pray, Sir, do you know any thing of a

+person who calls himself officiating clergyman to the Prisoner at the

+bar?</p>

+

+<p><span class="pagenum" id="Page_51">[Pg 51]</span></p>

+

+<p><i>M. Review.</i> I remember one Robert Houlton, who gave himself that

+title.</p>

+

+<p><i>Couns. for the Pris.</i> Is he an author?</p>

+

+<p><i>M. Review.</i> Yes; he lately published a sermon, with an appendix

+concerning inoculation.</p>

+

+<p><i>Couns. for the Pris.</i> And what is his character?</p>

+

+<p><i>M. Review.</i> I am sorry to say, this reverend son of the church

+descends to the level of a mere <i>nostrum-puffer</i>.</p>

+

+<p><i>Couns. for the Pris.</i> I beg, gentlemen of the jury, you will take

+notice; <em>a mere nostrum-puffer</em>. And pray, Mr. Review, is this

+<i>nostrum-puffer</i> forgetful of the usual, the proper gravity of his

+profession?</p>

+

+<p><i>M. Review.</i> From the low wit, and familiarity with which he

+presumes to treat the most respectable characters, he might easily be

+mistaken for the Merry-Andrew of some wonder-working professor of the

+stage-itinerant.</p>

+

+<p><span class="pagenum" id="Page_52">[Pg 52]</span></p>

+

+<p><i>Couns. for the Pris.</i> Merry-Andrew of some wonder-working

+professor of the stage-itinerant! I beg, gentlemen of the jury, you

+will remember, that this nostrum-puffer, this Merry-Andrew, is their

+principal evidence, their corner stone upon which the first and most

+material part of the indictment depends; namely, that part which

+accuses the Prisoner of preserving, in an especial manner, the lives of

+his Majesty’s liege subjects. I say, in an especial manner; for tho’ it

+be not thus expressed in the indictment, it is certainly implied.</p>

+

+<p><i>Couns. for the Crown.</i> This is too much. I beg, Mr. President,

+the counsel for the Prisoner may not be suffered to mislead the jury

+by implications in the indictment. The fate of the Prisoner at the bar

+must depend solely on the <i>letter</i> of the indictment. We admit of

+no implications. My Lord Cook——</p>

+

+<p><i>President.</i> You must abide by the letter of the indictment.

+Counsel for the Prisoner, proceed.</p>

+

+<p><span class="pagenum" id="Page_53">[Pg 53]</span></p>

+

+<p><i>Couns. for the Pris.</i> Gentlemen of the jury, I was going to

+observe, when I was interrupted by the counsel on the other side, that

+unless we suppose the Prisoner peculiarly, or especially, or uncommonly

+guilty of preserving the lives of the King’s subjects, this will

+appear, at least, to be a malicious prosecution; and that it really

+is so, can admit of no doubt, when you recollect, from the general

+tenour of our evidence, how many other inoculators might, with equal

+justice, have been indicted for the same offence. Doctor Dimsdale, in

+particular, in the course of twenty years extensive practice hath lost

+no patients; and I will venture to affirm, that there are now in this

+metropolis, and in the neighbourhood, a very considerable number of

+inoculators, who have been equally successful with the Prisoner at the

+bar. Certainly, therefore, this is a malicious prosecution, and ought

+to be considered as such.</p>

+

+<p><span class="pagenum" id="Page_54">[Pg 54]</span></p>

+

+<p>As to that article of the indictment, which relates to the means of

+perpetrating the crime of which the Prisoner is accused, namely, by

+secret medicines and modes of practice unknown to this College, and to

+all other practitioners, we have proved very clearly, by Dr. Ruston’s

+experiments, that the composition of the medicines is certainly

+known. But that they consist chiefly of a mercurial preparation, is

+sufficiently evident from their effects. Now that mercury hath been

+very commonly used as a preparative to inoculation, we have proved to

+you by the testimony of several witnesses of indisputable character.

+And with regard to the vegetable diet, enjoined by the Prisoner at

+the bar, it is so far from being peculiar to him, that it hath very

+long been the common practice. As to his manner of communicating the

+infection by means of the lymph taken before the eruptive fever,

+whether it be the invention of the Prisoner, or<span class="pagenum" id="Page_55">[Pg 55]</span> not, is a matter of no

+importance, as it is now a very common, and therefore not a secret mode

+of practice.</p>

+

+<p>I come now to that part of his practice, in which he hath been thought

+most singular, and which hath generally been imagined to be his own

+invention: I mean his cool regimen; that is, the practice of exposing

+his patients to the open air, and giving them cold water to drink. But,

+though this practice may not have been carried to the present extreme

+by regular physicians, it is nevertheless most certain, that they could

+not be ignorant how strenuously it was recommended, in the natural

+small-pox, by many writers of the first distinction.</p>

+

+<p>Rhases, an Arabian physician, who wrote some hundred years ago, in his

+chapter <i xml:lang="la" lang="la">De præservatione, et de modo impediendi</i>, &amp;c. expresses

+himself, concerning the use of cold water, in order to extinguish the

+variolous fever, in these words: <i xml:lang="la" lang="la">Bibendam præbe<span class="pagenum" id="Page_56">[Pg 56]</span> aquam in nive

+refrigeratam in summo frigiditatis gradu, effusim et affatim datam,

+et brevibus intervallis; ita ut ea prematur, et frigiditatem ejus

+sentiat in intestinis suis ægrotus. Quod si posthac febricitet, et

+in illum redierit ardor; potui illam dato secunda vice, videlicet a

+libris duabus ad tres, et amplius, in semihoræ spatio. Quod si adhuc

+calor redierit, et venter aqua repletus fuerit; fac ut illam evomat:

+tum denuo aquam bibendam præbe.</i> Thus, gentlemen of the jury, you

+hear, that this early, this celebrated writer on the small-pox, carried

+the use of cold water far beyond the practice of our most adventurous

+inoculators. He not only ordered his patients to drink cold water

+till they were full, but made them spew it up, and drink again. Now,

+though our learned and regular physicians, who had some tenderness

+for their patients, and some reputation to lose, did not dare to try

+what appeared to them a dangerous experiment, it is, nevertheless,<span class="pagenum" id="Page_57">[Pg 57]</span> a

+practice of which they could not be ignorant; and of which the Prisoner

+is undoubtedly guiltless of being the inventor.</p>

+

+<p>Our immortal Sydenham is so universally known to have been a strenuous

+advocate for the cool method of treating patients in the small-pox,

+that to quote him upon this occasion, were unnecessary and impertinent.</p>

+

+<p>The learned Boerhaave, in aphorism 1399, advises the cool regimen in

+these words: <i xml:lang="la" lang="la">In primo initio apparentis inflammationis externe,

+videtur requiri cautela, ne vergat in suppurationem, aut curandum ut

+minima fiat, procul a capite, &amp; tarda; quod fit, victu tenuissimo

+putredini resistente; potu diluente, blando, subacidulo &amp;c. regimine

+frigidiusculo, maxime admissu puri &amp; frigidi aëris.</i> So that in this

+aphorism we discover not only the liberal admission of pure and cold

+air, but also, the sub-acid liquor, and antiseptic regimen, of which

+the Prisoner<span class="pagenum" id="Page_58">[Pg 58]</span> at the bar hath so unjustly been supposed the inventor.</p>

+

+<p>The celebrated Dr. Mead, though he does not advise the extreme cold

+regimen, nevertheless, in regard to cool air, says, <i xml:lang="la" lang="la">In primis autem

+curandum est, ut purum aërem, eumque frigidulum, ubertim trahere

+possit</i>.</p>

+

+<p>Dr. Kirkpatrick, in his Analysis of inoculation, though he thought it

+not advisable to attempt an entire extinction of the ordinary process

+of the disease in question, says, “Notwithstanding we have little to

+oppose to it’s most virulent operation but powerful acids, styptics,

+and not only free ventilating air, but, perhaps, the strongest

+potential cold we can generate and apply.”</p>

+

+<p>Thus, gentlemen of the jury, it appears, beyond all dispute, that the

+Prisoner at the bar is so far from having preserved the lives of his

+Majesty’s liege subjects, by secret medicines and modes of practice

+unknown to the faculty in general, that all his medicines<span class="pagenum" id="Page_59">[Pg 59]</span> have

+been generally prescribed, and every article of his process either

+practised or recommended by a great variety of authors, whose works are

+universally studied.</p>

+

+<p>Gentlemen of the jury, I make no doubt but you are perfectly convinced

+that the Prisoner is guiltless of the crimes specified in the

+indictment. But his accusers, not satisfied with their general charge,

+have, in the course of their evidence, endeavoured to convict him of

+dealing with the Devil; they have endeavoured to prove him guilty of

+witchcraft; they have endeavoured to make you believe, that, by means

+of a certain medicine, and a magic circle drawn with a pen round

+the pustules, with the addition of a prayer repeated (backwards I

+suppose) by his officiating clergyman; I say, they have endeavoured to

+persuade you, that, by the help of the black art, he is able to make

+the pustules retire at the word of command. But, gentlemen of the<span class="pagenum" id="Page_60">[Pg 60]</span>

+jury, I beg you will remember, that Dr. Dimsdale has clearly explained

+this matter; he told you, That these supposed pustules were nothing

+more than a rash, which frequently accompanies the small-pox, and

+which naturally retires of it’s own accord, without the assistance of

+the black art, and, consequently, that the Prisoner at the bar is no

+conjurer.</p>

+

+<p><i>Couns. for the Cr.</i> Mr. President, and you gentlemen of the jury,

+it is now late, and you must necessarily be fatigued by your close

+attention to a long tryal. I shall not, therefore, trespass on your

+patience, by a circumstantial reply to the elaborate speech which you

+have just heard; I shall only intreat you to recollect the tenor of our

+indictment, and the positive evidence by which it hath been proved. You

+have too much understanding to be improperly biassed by fine speeches,

+and too much integrity not to determine a cause of such importance

+according to the laws of justice and equity.</p>

+

+<p><span class="pagenum" id="Page_61">[Pg 61]</span></p>

+

+<p><i>President.</i> Gentlemen of the jury, Daniel Sutton, the Prisoner at

+the bar, is indicted for the high crime of preserving the lives of his

+Majesty’s liege subjects, by inoculating, or causing to be inoculated,

+twenty thousand persons, in the space of three years, and by secret

+medicines and modes of practice unknown to this College, and to all

+other practitioners.</p>

+

+<p>The first witness produced, in support of this heavy charge, was Mr.

+Robert Houlton, who swears positively as to the number of persons

+inoculated, and tells you he had his information from the Prisoner’s

+own books. He is no less positive on the article of secret medicines,

+by means of which the Prisoner has a power, unknown to the faculty, of

+causing the pustules to disappear at pleasure.</p>

+

+<p>Dr. Baker, the second witness, gave you a clear account of the

+Prisoner’s general practice, but as he related nothing of his own

+proper knowledge,<span class="pagenum" id="Page_62">[Pg 62]</span> his evidence, in law, proves nothing against the

+Prisoner at the bar.</p>

+

+<p>Mr. Chandler, the third witness against the Prisoner, relates the

+practice of one of his accomplices, by whose means many have been

+preserved; and he likewise told you, that the composition of the

+medicines is not known.</p>

+

+<p>These are all the evidence produced in support of the indictment. We

+come now to those that have been examined in behalf of the Prisoner:

+the first of which was Dr. Ruston, who, by the result of a course of

+chemical experiments, has discovered the composition of these secret

+medicines; consequently, at the time when this indictment was laid,

+they were not secret medicines. This witness likewise informs you, that

+mercury, which appears to have been the chief ingredient, hath been

+long in use, especially in America, as a preparative to inoculation. He

+told you also, that the regimen prescribed by the American<span class="pagenum" id="Page_63">[Pg 63]</span> physicians

+was very similar to that of the Prisoner at the bar, and that he

+himself, pursuing the same general plan, has been no less successful

+than the Prisoner at the bar; and he concludes with declaring, that he

+does not believe him possessed of any secret to which his success can

+be attributed.</p>

+

+<p>The Counsel for the Prisoner then recalled Dr. Baker; who declared,

+that preparing persons for inoculation with calomel, and other

+purgative medicines, is a common practice; that the success, ascribed

+to the Prisoner, is not owing to any peculiar virtue in his medicines,

+but chiefly to the free use of cold air; and that this part of his

+practice is now very general, and not his own invention.</p>

+

+<p>The next witness was Dr. Kirkpatrick; who testifies, that for many

+years past he hath been accustomed to prepare his patients in a manner

+very similar to that of the Prisoner at the bar.</p>

+

+<p><span class="pagenum" id="Page_64">[Pg 64]</span></p>

+

+<p>Dr. Gale informed you, that he always prepared his patients with

+calomel.</p>

+

+<p>Dr. Gatti told you, that he paid little regard to preparation, because

+the people in the Levant are successful without it.</p>

+

+<p>Mr. Chandler, who had already been examined by the Counsel against

+the Prisoner, being recalled, gives it as his opinion that the

+success of this Suttonian practice is owing entirely to the manner of

+communicating the infection, which, as it is performed openly, can be

+no secret.</p>

+

+<p>The next witness was Dr. Glass, who informed the Court that there is

+a certain operator in Somersetshire, who without any preparation at

+all hath inoculated seventeen hundred with the loss of two patients

+only. Being asked his opinion as to the cause of the success of this

+new method, as it is called, he told you, that he believed it to be

+principally owing to the exhibition of sudorific medicines during the

+eruptive fever.</p>

+

+<p><span class="pagenum" id="Page_65">[Pg 65]</span></p>

+

+<p>Dr. Dimsdale deposed, that he hath practised inoculation in a very

+extensive manner for twenty years past without the loss of a patient;

+that his practice is very similar to that of the Prisoner at the bar;

+but that he has often inoculated without any preparation, and with

+equal success; and that he ascribes his success chiefly to the cool

+regimen, and to his method of communicating the infection with recent

+fluid matter.</p>

+

+<p>The last witness called was Mr. Monthly Review, who spoke to the

+character of the Rev. Mr. Houlton, on the credit of whose testimony the

+fate of the Prisoner at the bar almost entirely depends.</p>

+

+<p>Gentlemen of the jury, having thus briefly summed up the evidence on

+both sides, intentionally neglecting to animadvert as I went along, I

+shall now endeavour, as far as I am able, to state this complicated

+affair in such a manner, as to reduce it to a few simple questions;

+and if, after all,<span class="pagenum" id="Page_66">[Pg 66]</span> it should appear, that what hath been deposed be

+insufficient to explain the great mystery, I shall think it my duty,

+for the sake of truth, and in justice to the Prisoner at the bar, to

+give you as much of my own opinion as may be necessary to lead you to

+an equitable determination.</p>

+

+<p>First, then, I must observe to you, that the part of the indictment,

+which accuses the Prisoner, in general, of preserving the lives of

+the King’s subjects, depends entirely on the deposition of Mr. Robert

+Houlton; for though the evidence of Dr. Baker, and Mr. Chandler,

+may, in some degree, corroborate his testimony, yet they are, of

+themselves, insufficient. Some regard is certainly due to Mr. Houlton’s

+sacred function; but if you believe the gentleman who spoke to his

+character; if you view him in the light of a mere <em>nostrum-puffer,

+a Merry-Andrew to the stage-itinerant</em>; in that case, you are not

+only to disregard his function, but the whole of his evidence. But,<span class="pagenum" id="Page_67">[Pg 67]</span>

+in justice to the Prisoner, I must farther observe, that though you

+were to admit the evidence of Mr. Houlton in full force and virtue;

+yet, as it hath been very sufficiently proved, that there are a

+considerable number of operators, who are equally guilty of preserving

+the lives of the King’s subjects, you will doubtless consider this as a

+malicious prosecution, and on that account alone you will be justified

+in acquitting the Prisoner: for though, in general, to sin with a

+multitude be no excuse, yet the nature of this offence is such, that

+unless he be found singularly guilty, he is hardly guilty at all.</p>

+

+<p>But he is likewise accused of administering medicines, the composition

+of which is unknown to the faculty in general. In answer to this

+charge, Dr. Ruston hath demonstrated, that calomel is the principal

+ingredient, and several other witnesses have deposed, that calomel hath

+long been an universal medicine on these occasions.<span class="pagenum" id="Page_68">[Pg 68]</span> Of this part of

+the indictment therefore the Prisoner stands fairly acquitted.</p>

+

+<p>As to what relates to the other part of his practice, after the

+evidence you have heard, you can have no doubt, that he cannot with

+the least appearance of justice be accused of singularity, as his cold

+regimen, his mode of preparation, and method of communicating the

+disease, are at this time exactly similar to the practice of almost

+every other inoculator in this kingdom.</p>

+

+<p>But admitting that you are satisfied of the reality of his great

+success in the practice of inoculation, a natural question will

+arise, namely, to what particular circumstance is that success to be

+attributed? Before we attempt to solve this problem, let us first

+recollect the several opinions of those who have been examined relative

+to this matter.</p>

+

+<p>Mr. Houlton’s opinion was, that it is owing to certain secrets in the<span class="pagenum" id="Page_69">[Pg 69]</span>

+art; but it hath plainly appeared in the course of our proceedings that

+no such secrets exist.</p>

+

+<p>Dr. Baker was of opinion, that the success is principally to be

+ascribed to the free use of cold air; but in answer to this, I must

+observe, that there have been cases, particularly one related by Dr.

+Glass, in his late pamphlet, in which this was found insufficient.</p>

+

+<p>Mr. Chandler attributes it to the practice of communicating the

+disorder with crude lymph; but Dr. Dimsdale informed you, from long

+experience, that the mode of communication is a matter of indifference.</p>

+

+<p>Dr. Glass ascribes it to the effect of sudorifics, administered at

+the period of eruption; but Mr. Chandler told you, that the Suttonian

+practice requires no such effect from the medicines; and Dr. Dimsdale

+pursues a contrary method.</p>

+

+<p>As to preparation, it evidently appears from the Levant practice,

+from that of the Somersetshire operator,<span class="pagenum" id="Page_70">[Pg 70]</span> and from Dr. Dimsdale’s

+confession, that it is a matter of much less importance than hath

+generally been supposed; or rather, it appears to be of no importance

+at all. Nevertheless, we are obliged to acknowledge, that fewer

+patients have died under inoculation within those few years, than

+formerly, when the practice was in its infancy. It should therefore

+seem natural to conclude, that some considerable improvement has

+been made; but the nature of this improvement appears, from the

+proceedings of this day, to be yet <i xml:lang="la" lang="la">in nubibus</i>. That this new

+method of inoculation hath been amazingly successful, is beyond all

+contradiction; but that this success is not confined to the Prisoner

+at the bar, is equally indisputable. None of our patients die. The

+success is universal. Whether we prepare our patients or not; whether

+we give them mercury, or no mercury; whether we inoculate with crude

+lymph, or with matter ultimately variolated;<span class="pagenum" id="Page_71">[Pg 71]</span> whether we sweat them in

+the eruptive fever, or send them into the cold air; in short, let us

+proceed as we will, to kill a patient by inoculation, seems to be out

+of our power.</p>

+

+<p>From these <em>data</em>, I think, you may rationally conclude, that

+the Prisoner himself is totally ignorant of the real cause of his

+successful practice; and if you are of that opinion, this being a Court

+of equity, you must necessarily acquit him of the crimes laid to his

+charge. But as judge of this Court, for the sake of truth, and the more

+effectually to exculpate the Prisoner at the bar, I shall now endeavour

+to explain this mysterious affair.</p>

+

+<p>The small-pox hath been generally ranked among inflammatory diseases,

+and certainly with propriety, if we consider it only in it’s first

+stage; but that, in it’s natural progress, it becomes a putrid

+disorder, is indisputably true. Let us now suppose a number of patients

+ill of a malignant putrid<span class="pagenum" id="Page_72">[Pg 72]</span> disease, the jail fever for instance. Let us

+suppose these unhappy beings pent up in the close ward of an hospital,

+swallowing hot medicines, and denied the use of fresh air. In such a

+state the disease would certainly exert it’s utmost virulence, and very

+few of the patients would recover. Let us farther suppose a number

+of patients, in a contiguous ward, receiving the infection from the

+others; but let us imagine their medicines less inflammatory, and the

+air less confined: is there a physician here present, who has the least

+doubt that the disorder, in this case, would be less malignant and

+less fatal? Let us yet farther suppose a third ward, contiguous to the

+second, and the patients, infected from the second ward, treated more

+on the anti-phlogistic and antiseptic plan, and particularly indulged

+with fresh air: such patients, I say, having caught a milder disease,

+and being more rationally treated, would more generally escape. But

+if we<span class="pagenum" id="Page_73">[Pg 73]</span> carry our supposition still farther, as we gradually recede

+from the first ward, we shall find, by a parity of reasoning, that the

+disease will at last retain no more of it’s original malignity, than is

+barely sufficient to communicate the infection. The disorder will now

+assume so mild an aspect as hardly to appear of the same <i xml:lang="la" lang="la">genus</i>

+with that from which it originally sprung.</p>

+

+<p>What hath been said of the jail fever, will evidently apply to the

+small-pox. We Europeans received it a malignant, a fatal disease; the

+fatality and malignancy of which, by the general practice of nurses,

+and, indeed, of most physicians, hath, perhaps, been rather increased

+than diminished: for, if an infectious disease may be rendered more

+mild by judicious treatment, it is no less certain, that a mild

+disorder may, by a series of improprieties, be gradually raised to

+such a height of virulence, as to assume a new aspect, and exhibit<span class="pagenum" id="Page_74">[Pg 74]</span>

+phenomena so different from those of it’s parent disease, that, in

+the end, it will constitute a new genus. If this be admitted as a

+possibility, perhaps it might be no difficult matter to trace many

+of our disorders to their origin, and to prove, that a considerable

+number are of our own creation; they are the offspring of medicine, the

+children of dulness or chimera, begotten upon old women.</p>

+

+<p>The small-pox, by a treatment diametrically opposite to that which

+reason, and a perfect knowledge of the nature of the disease, would

+have dictated, hath, through a series of many ages, preserved all the

+virulence with which it first burst into Europe. But experience hath

+taught us, that, when produced by inoculation, it is much less fatal.

+Why? Is it because those that are inoculated are previously prepared?

+No: that is a very insufficient reason; for you have heard, that, in

+the Levant, preparation<span class="pagenum" id="Page_75">[Pg 75]</span> is disregarded; and also, that some of the

+most successful operators in this nation think it of little importance.

+We must therefore search for another cause; to the discovery of which

+let us consider, in what respect the communication by inoculation

+differs from that in the natural way. In the latter case the variolous

+<i xml:lang="la" lang="la">miasmata</i> are conveyed into the body either with the air into

+the lungs, or with the saliva into the stomach: in the former, it

+is received into the system by means of the lymphatic vessels which

+are distributed over the surface of the body. There is yet another

+difference, perhaps a very essential one, namely, that in the natural

+infection, it is communicated by volatile particles, which probably may

+be in their nature more virulent than those which are fixed. For my own

+part, I am of opinion that the small-pox is a disease of the lymphatic

+system only, and my opinion seems to be confirmed by the impossibility

+of communicating<span class="pagenum" id="Page_76">[Pg 76]</span> the infection by inoculating with the blood. Be this

+as it may, it is indisputably true, that the crude lymph is sufficient

+to give the infection, and that there is no necessity to draw blood at

+the time of incision. Add to this, the frequent tumour of the lymphatic

+glands in the axilla soon after the operation.</p>

+

+<p>From these premises, it seems rational to conclude, that the general

+success of inoculation is chiefly to be attributed to our mixing the

+fixed variolous ferment with the lymph on the surface of the body, by

+which means the viscera, most essential to our existence, are less

+affected, and the poison rendered less virulent by dilution. But the

+wonderful success of the present practice of inoculation remains yet to

+be accounted for.</p>

+

+<p>I have told you, that the most malignant diseases may be rendered

+less malignant by proper treatment. The malignancy of the small-pox

+hath been considerably abated by inoculation,<span class="pagenum" id="Page_77">[Pg 77]</span> and that malignancy

+hath been still farther diminished by the gradual introduction of

+the anti-phlogistic and antiseptic plan. So that in all places where

+inoculation hath been long practised, and the patients thus treated,

+the small-pox will naturally become a mild disorder, and the ignorant

+operators themselves will be surprised at their unexpected success.</p>

+

+<p>This, gentlemen of the jury, I conceive to be a true picture of the

+present state of inoculation in these kingdoms. You will now lay your

+heads together, and weigh well the evidence you have heard. If you are

+of opinion that the articles of the indictment have been sufficiently

+proved; that the Prisoner hath in an especial manner preserved the

+lives of his Majesty’s liege subjects, by secret medicines and modes

+of practice unknown to all other practitioners, you will then find him

+guilty. If on the contrary, you think that these things<span class="pagenum" id="Page_78">[Pg 78]</span> are not true,

+and that this is a malicious prosecution, you will in that case acquit

+him.</p>

+

+<p><i>The jury having laid their heads together, without going out of

+Court, were called over, and answered to their names.</i></p>

+

+<p><i>Cl. of the Cr.</i> Gentlemen of the jury, are you agreed in your

+verdict?</p>

+

+<p><i>Jury.</i> Yes.</p>

+

+<p><i>Cl. of the Cr.</i> Who shall say for you?</p>

+

+<p><i>Jury.</i> Our foreman.</p>

+

+<p><i>Cl. of the Cr.</i> Daniel Sutton, hold up your hand. You of the

+jury, look upon the Prisoner. How say you? Is Daniel Sutton guilty of

+the high crimes and misdemeanors of which he stands indicted, or not

+guilty?</p>

+

+<p><i>Jury.</i> <span class="smcap">Not guilty.</span></p>

+

+<p>The Prisoner was acquitted, and discharged accordingly.</p>

+

+

+<p class="center p4 big">FINIS.</p>

+

+

+<hr class="chap x-ebookmaker-drop" />

+

+<div class="chapter transnote">

+<h2 class="nobreak" id="Transcribers_Notes">Transcriber’s Notes</h2>

+

+

+<p>A few minor errors in punctuation were fixed.</p>

+

+<p>A few minor inconsistencies in the treatment of speaker names were

+fixed.</p>

+

+<p><a href="#Page_8">Page 8</a>: “extreamly full” changed to “extremely full”</p>

+

+<p><a href="#Page_16">Page 16</a>: The missing catchword “the” from the previous page was added

+before “colour of Madeira wine”.</p>

+

+<p><a href="#Page_22">Page 22</a>: “he ingredients” changed to “the ingredients”</p>

+

+<p><a href="#Page_26">Page 26</a>: “gentletlemen” changed to “gentlemen”</p>

+

+<p><a href="#Page_39">Page 39</a> &amp; <a href="#Page_69">69</a>: “administred” changed to “administered”</p>

+</div>

+<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE TRYAL OF MR. DANIEL SUTTON, FOR THE HIGH CRIME OF PRESERVING THE LIVES OF HIS MAJESTY&#039;S LIEGE SUBJECTS, BY MEANS OF INOCULATION ***</div>

+<div style='text-align:left'>

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