_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.