Here the lawyer started up, and after prevailing upon Burroughs to
forbear and be still, argued (with his face to the jury) five or six
points of law, as he called them, every one of which had been argued
over and over again at every trial of a serious charge that he had
ever been occupied with in the whole course of a long life at the bar
... four being about the propriety of capital punishments in general,
and two about the propriety of capital punishments in the particular
case of the prisoner at the bar--whom he protested before God (for
which he had to pay thirteen-pence more) he believed to be innocent of
the charge--and what was that charge?--nothing more nor less than the
charge of sorcery and witchcraft!--a crime, the very possibility of
which, he proceeded to deny, in the very language he had used about a
twelvemonth before, while arguing about the impossibility of marriage
in a particular case.
Brother--brother--we do not sit here to try the possibility of such a
thing as witchcraft--please to consider where you are, and what we are.
Speech after speech followed; and it was near midnight, when the chief
judge, after consulting with his brethren, proceeded to address the
jury.
Ye have heard much that in our opinion does not need a reply, said he,
after taking a general view of the case, with much that a brief reply
may be sufficient for, and a very little, which, as it may serve to
perplex you, if we pass it over without notice, we shall say a few
words upon, though it has little or nothing to do with the case before
you.
The law you have nothing to do with ... right or wrong, wise or
foolish, you have nothing to do with the law. So too ... whatever may
be the practice abroad or in this country, and whatever may be the
hardship of that practice, you have nothing to do with it. One is
the business of the legislature ... of the law-makers; the other the
business of the courts, and the judges ... the law-expounders. You
are to try a particular case by a particular law; to that, your whole
attention is to be directed. If the law be a bad law, that is neither
your business nor our business. We and you are to do our duty, and
leave theirs to the sovereign legislature.
I propose now to recapitulate the evidence, which I have taken notes
of--should I be wrong, you will correct me. After I have gone through
with the evidence, I shall offer a few brief remarks in reply to the
arguments which have been crowded into the case--I will not say for
show--and which, idle as they are, would seem to have had weight with
you.
The afflicted, you observe, do generally testify that the shape of the
prisoner doth oftentimes pinch them, choke them, and otherwise afflict
them, urging them always to write in a book she bears about with her.
And you observe too, that the accusers were struck down with a fit
before you, and could not rise up till she was ordered to touch them,
and that several of their number have had fits whenever she looked upon
them.
But we are to be more particular, and I shall now read my notes, and I
pray you to follow me.
1. Deliverance Hobbs, who confessed herself a witch, testified that
the prisoner tempted her to sign the book again, and to deny what she
had confessed; and that the shape of the prisoner whipped her with
iron rods to force her to do so, and that the prisoner was at a general
meeting of witches at a field near Salem village, and there partook of
the sacrament with them.
2. John Cook testified that about five or six years ago, he was
assaulted with the shape of the prisoner in his chamber, and so
terrified that an apple he had in his hand flew strangely from him into
his mother’s lap, six or eight feet distance.
3. Samuel Gray testified that about fourteen years ago, he waked one
night and saw his room full of light and a woman between the cradle
and bed-side; he got up but found the doors fast, and the apparition
vanished--however the child was so frighted, that it pined away and
in some time died. He confessed that he had never seen the prisoner
before, but was now satisfied that it was her apparition.
4. John Bly and his wife testified that he bought a sow of the
prisoner’s husband, but being to pay the money to another, she was so
angry that she quarrelled with Bly, and soon after the sow was taken
with strange fits, jumping, leaping and knocking her head against the
fence which made the witnesses conclude the prisoner had bewitched it.
5. Richard Coman testified that eight years ago, he was terrified with
the spectre of the prisoner and others, who so oppressed him in his
bed that he could not stir hand nor foot, but calling up somebody to
come to his assistance, as soon as the people of the house spoke, the
spectre vanished and all was quiet.
6. Samuel Shattock testified that in 1680 (twelve years before the
trial) the prisoner often came to his house on frivolous errands, soon
after which his child was taken with strange fits, and at last lost his
understanding; the fits were manifestly epileptic, but the witness
verily believed it was bewitched by the prisoner.
7. John Londor testified that upon some little controversy with the
prisoner about her fowls, going well to bed, he awoke in the night and
saw the likeness of this woman greviously oppressing him. Another time
he was troubled with a black pig, but going to kick it, it vanished.
Another time as he was sitting in his room, a black hobgobling jumped
in the room, which spoke to him these words--I understand you are
troubled in mind: Be ruled by me and you shall want nothing in this
world. But when he endeavored to strike it, there was nothing. After
this he ran out of his house and saw the prisoner in her orchard, but
had no power to speak to her, but concluded his trouble was all owing
to her.
8. William Stacy testified that the spectre of the prisoner had
played him several pranks of the same nature as the former; for
example--having received some money of the prisoner for work, he had
not gone above three rods from her when it was gone from him; some time
after, discoursing with the prisoner about grinding her grist, he had
not gone above six rods from her with a small load in his cart, before
the off-wheel sunk into a hole in plain ground, so that the deponent
was forced to get help for the recovery of it, but stepping back to
look for the hole, there was none to be found. Another time, as he was
going home on a dark night, he was lifted up from the ground and thrown
against the stone wall, and after that, he was hoisted up, and thrown
down a bank at the end of his house.
9. John and William Bly testified that being employed by the prisoner
to take down her cellar-wall, they found several poppets made of rags
and hog’s bristles, with headless pins in them, the points being
outwards.
In addition to all this, continued the chief-judge, you have the
testimony of Mr. Park, the magistrate, who says that when her Paris’s
daughter and two other children accused the prisoner at the bar of
afflicting them, by biting, pricking, strangling, &c. saying that they
saw her likeness in their fits, coming toward them and bringing them a
book to sign, he asked her why she afflicted those poor children--to
which she replied that she did not; and that when he asked her who did
then? she answered she did not know--
Burroughs groaned aloud.
--You will observe her answer, gentlemen of the jury ... she did not
know, but thought they were poor distracted creatures, whereupon the
afflicted said that the Black man was whispering in her ear and that a
yellow-bird which used to suck between her fingers was now there; and
orders being given to see if there was any sign, a girl said, it is now
too late for she has removed a pin and put it on her head; and upon
search there was found a pin sticking upright there. He testifies too
that when Mrs. Cory had any motion of her body the afflicted would cry
out, when she bit her lip they would cry out of being bitten, and if
she grasped one hand with the other they would cry out of being pinched.
You will observe too that a jury of women who were empanelled to search
her body, testify one and all that they found a preternatural teat upon
her body; but upon a second search three or four hours after, there was
none to be found.
Thus much for the evidence, gentlemen of the jury; I proceed now to
remark on what has been urged for the--officer--officer ... look to
your prisoner!
O, I am so tired and so sleepy! said Martha a getting up, and trying to
pass the sheriff, who stood by her with a drawn sword. Let me go, will
you!--get out o’ the way and let me go--what’s the use o’ keeping me
here; I’ve told you all ’t I know o’ the job. _Do_ let poor Martha go!
Gracious God!--Father of Love! cried Burroughs, what an appeal to the
executioners of the law! Did you not hear it, ye judges? Do you not see
her now, tottering away ... the poor bewildered creature.
Have done Sir.
Dear brother--if we are wise we shall be not be strict with him
here--let us give the world nothing to complain of, our duty require
it, policy requires it--ah!
Prisoner at the bar--go back to your seat: Officer--officer--
She don’t hear a word you say, Mr. Judge.
Martha Cory--Martha!
Well, here I be, Mister Capun Sewall; what d’ye want o’ me?
Go back to your seat, Martha.
Back there?--I shall not--
Officer!
The officer took her by the arm to lead her back.
Gently there--gently--gently.
There now! cried Martha, in a peevish, querulous tone--There now;
dropping into the seat with her arms a-kimbo, and poking out her chin
at the officer. There now; I hope that’ll satisfy you--
Gentlemen of the jury, pursued the judge; You have now the evidence
before you. You have gone through the whole proof with me, step by
step--it is for you to say what is the value of that proof--
Proof, cried Burroughs--proof! taking away his hands from his pale
face--and speaking through his shut teeth. Call you that proof which
proves nothing? that which relates to things that occurred, if they
ever occurred at all, years and years ago? that which is only a sort
of guess-work? that which relates to transactions which the poor soul
does not appear to have had either voice or part in?
Bravely said, George Burroughs--bravely put, cried a female, who stood
in the dark part of the house.
Such trivial matters too--so trivial that we should mock at them, but
for the life we lead here, surrounded by savages, and by death in every
shape, and by woods and waters that were never yet explored by man;
beset on every side by a foe that never sleeps; afar and away from
succor and liable to be surprised every hour of the day and every hour
of the night, and butchered among our babes and our household-gods;
Proof, say you?--can that be proof, I appeal to you judges--that which,
however false it may be, or however mistaken by the witnesses, cannot,
in the very nature of things, be explained away nor contradicted; that
which calls upon a poor creature worn out with age and misery--an
idiot--for of a truth she is little better--I pray you judges--I pray
you--on me let your displeasure fall; not on her--I will abide your
wrath--I see it in your eyes--but I pray you--I beseech you--can that
be proof, _that_ which calls upon a prisoner in such a case to go
through the whole history of her life--hour by hour--step by step. Nay,
speak to me!--By your oaths, answer me! By your oath here, and by your
hope hereafter, may you call upon her, in a matter of life and death,
to do this? And not only to do this, but to account for the epilepsy of
a babe? for the dreams, the diseases, the very night-mares of them that
now accuse her?----
If you do not stop Sir, we shall have to commit you.
Commit me if you dare! You have made me counsel for the prisoner, and
whatever may be the courtesy of the bar, whatever you may expect--and
whatever may become of me--or of you--I shall not throw a chance away.
He proceeded to review the whole of the evidence with a vigor and
propriety which after a while rose up in judgment against him, as if it
were supernatural; he then argued upon the nature of the crime--saying
it was a charge easily made but hard to disprove, and that it would
require one to be a witch to prove that she was not guilty of
witchcraft--
Beware of that man, said the chief judge, with a mysterious look.
Beware, I tell you; for whoever he may be, and whatever he may be, he
will be sure to lead you astray, if you are not upon your guard.
Lo, the counsel for the prisoner! Lo the humanity of the law!
cried Burroughs. Who could do more?--I appeal to you, ye men of
Massachusetts-Bay--could the prosecutor himself--could anybody on
earth--in aid of the prisoner at the bar?--Put upon your guard in that
way, against the power and art of another--if you are not men of a
marvellous courage indeed--of heroic probity--it would be impossible
for him to convince you, however true were his argument, however
conclusive his facts.
Very true, whispered the foreman of the jury, loud enough to be
overheard by a judge, who rebuked him with great asperity.
Whatever I might say, therefore--however true it might be, and however
wise, after that speech, you would not venture to heed me--you could
not--such a thing were too much to hope for--unless you were indeed,
every man of you, far, far superior to the race of men that are about
and above you----
Talk of art, said the chief judge, in dismay. Talk of address after
that! who ever heard of such art--who ever heard of such address before?
What a compliment for your understandings!--But I do not give up in
despair--I shall say the little that I now have to say, and leave you
to decide between us--if I prevail, you may have courage enough perhaps
to acquit the prisoner, though you _are_ sneered at by the judges.
He proceeded with fresh vigor, and concluded the work of the day with a
speech that appears to have been regarded by the court and the people
as above the ability of man. He spoke to the multitude, to the judges,
to the bar, to the jury--man by man--saying to each with a voice and
a power that are spoken of still by the posterity of them that were
there.... You have heard the whole evidence--You--you alone, Sir, that
I speak to now, are to decide upon the life or death of the prisoner.
You alone, Sir! and mark me if ... though ... you are but one of the
twelve who are to decide ... if you decide for death ... observe what
I say ... if you so decide Sir, as one of the twelve ... when, if you
knew that her life depended upon you alone, you would have decided
otherwise, mark me ... her blood shall be upon your head ... her death
at your door! ... at yours--and yours--and yours--though each of you be
but one of the twelve.
Hear me. I address myself to you, John Peabody. Are you prepared to
say--would you say--_guilty_, if her life depended upon you, and upon
you alone?--if you were her only judge?--Think of your death-bed--of
the Judge whom you are to meet hereafter, you that have so much need of
mercy hereafter--ask yourselves what harm would follow her acquittal,
even though she were guilty. Then ask yourself what would be your
feelings if you should ever come to know that you have put her to death
wrongfully.... So say I to you, Andrew Elliot.... Her life depends
upon you--upon you alone! You are in fact her only judge--for you--or
you--or you--or either of you may save her, and if you do not, her
blood will be required hereafter at your hands--at the hands of each of
you----I have done.