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.