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diff --git a/old/68414-0.txt b/old/68414-0.txt deleted file mode 100644 index 0a374ce..0000000 --- a/old/68414-0.txt +++ /dev/null @@ -1,1880 +0,0 @@ -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 *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for an eBook, except by following -the terms of the trademark license, including paying royalties for use -of the Project Gutenberg trademark. 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