attentive and respectful silence; those who thought he ought not to be acquitted, owned that applause could not be refused him; and those who before pitied his misfortunes, now reverenced his abilities. The witnesses which appeared against him were proved to be persons of characters which did not entitle them to much credit; a common strumpet, a woman by whom strumpets were entertained, and a man by whom they were supported; and the character of Savage was by several persons of distinction asserted to be that of a modest inoffensive man, not inclined to broils or to insolence, and who had to that time been only known for his misfortunes and his wit. Had his audience been his judges, he had undoubtedly been acquitted; but Mr. Page, who was then upon the bench, treated him with his usual insolence and severity, and when he had summed up the evidence, endeavoured to exasperate the jury, as Mr. Savage used to relate it, with this eloquent harangue: “Gentlemen of the jury you are to consider that Mr.Savage is a very great man, a much greater man than you or I, gentlemen of the jury; that he weals very fine clotlies, much finer clothes than you or I, gentlemon of the jury; that he has a undance of money in his pocket, much more money than you or I, gentlemen of the jury; but, gentlemen of the jury, is it not a very hard case, gentlemen of the jury, that Mr. Savage should therefore kill you or me, gentlemen of the jury?” Mr. Savage, hearing his defence thus misrepresented, and the men who were to decide his fate incited against him by invidious comparisons, resolutely asserted, that his case was not candidly explained, and began to recapitulate what he had before said with regard to his condition, and the necessity of endeavouring to escape the expenses of imprisonment; but the judge having ordered him to be silent, and repeated his orders without effect, commanded that he should be taken from the bar by force. The jury then heard the opinion of the judge, that good characters were of no weight against positive evidence, though they might turn the scale where it was doubtful; and that though, when two men attack each other, the death of either is only manslaughter; but where one is the aggressor, as in the case before them, and, in pursuance of his first attack, kills the other, the law supposes the action, however sudden

to be malicious. They then deliberated upon their verdict, and determined that Mr. Savage and Mr. Gregory were guilty of murder; and Mr. Merchant, who had no sword, only of manslaughter.

Thus ended this memorable trial, which lasted eight hours. Mr. Savage and Mr. Gregory were conducted back to prison, where they were more closely confined, and loaded with irons of fifty pounds weight: four days afterwards they were sent back to the court to receive sentence; on which occasion Mr. Savage made, as far as it could be retained in memory, the following speech:

“ It is now, my Lord, too late to offer any thing by way of defence or vindication; nor can we expect from your lord. ships, in this court, but the sentence which the laws require you, as judges, to pronounce against men of our calamitous condition. But we are also persuaded, that as mere men, and out of this seat of rigorous justice, you are susceptive of the tender passions, and too humane not to commiserate the unhappy situation of those, whom the law sometimes perhaps

- exacts — from you to pronounce upon. No doubt you distinguish between offences which arise out of premeditation, and a disposition habituated to vice or immorality; and transgressions, which are the unhappy and unforeseen effects of casual absence of reason, and sudden impulse of passion: we therefore hope you will contribute all you can to an extension of that mercy, which the gentlemen of the jury have been pleased to shew Mr. Merehaut, who (allowing facts as sworn against us by the evidence) has led us into this our calamity. I hope this will not be construed as if we meant to reflect upon that gentleman, or remove any thing from us upon him, or that we repine the more at our fate, because he has no participation of it: no, my Lord; for my part, I declare nothing could more soften my grief, than to be without any companion in so great a misfortune."

Mr. Savage had now no hopes of life, but from the mercy of the crown, which was very earnestly solicited by his friends, and which, with whatever difficulty the story may obtain belief, was obstructed only by his mother.

To prejudice the Queen against him, she made use of an incident, which was omitted in the order of time, that it might be mentioned together with the purpose which it was made to serve. Mr. Savage, when he had discovered his birth, had

an incessant desire to speak to his mother, who always avoided him in public, and refused him admission into her house. One evening walking, as it was his custom, in the street that she inhabited, he saw the door of her house by accident open; he entered it, and, finding no person in the passage to hinder him, went up stairs to salute her. She discovered him before he could enter her chamber, alarmed the family with the most distressful outcries, and, when she had by her screams gathered them about her, ordered them to drive out of the house that villain, who had forced himself in upon her, and endeavoured to murder her. - Savage, who had attempted with the most submissive tenderness to soften her rage, hearing her utter so detestable an accusation, thought it prudent to retire; and, I believe, never attempted afterwards to speak to her.

But shocked as he was with her falsehood and her cruelty, he imagined that she intended no other use of her lie, than to set herself free from his embraces and solicitations, and was very far from suspecting that she would treasure it in her memory as an instrument of future wickedness, or that she would endeavour for this fictitious assault to deprive him of his life.

But when the Queen was solicited for his pardon, and informed of the severe treatment which he had suffered from his judge, she answered, that however unjustifiable might be the manner of his trial, or whatever extenuation the action for which he was condemned might admit, she could not think that man a proper object of the King's mercy, who had been capable of entering his mother's house in the night, with an intent to murder her.

By whom this atrocious calumny had been transmitted to the Queen; whether she that invented had the front to relate it; whether she found any one weak enough to credit it, or corrupt enough to concur with her in her hateful design, I know not; but methods had been taken to persuade the Queen so strongly of the truth of it, that she for a long time refused to hear any one of those who petitioned for his life..

Thus had Savage perished by the evidence of a bawd, a strumpet, and his mother, had not justice and compassion procured him an advocate of rank too great to be rejected unheard, and of virtue too eininent to be heard without being believed. His merit and his calamities happened to reach the

ear of the Countess of Hertford, who engaged in his support with all the tenderness that is excited by pity, and all the zeal which is kindled by generosity; and, demanding an audience of the Queen, laid before her the whole series of his mother's cruelty, exposed the improbability of an accusation by which he was charged with an intent to commit'a murder that could produce no advantage, and soon corivinced her how little his former conduct could deserve to be mentioned as a reason for extraordinary severity.

The interposition of this lady was so successful, that he was soon after admitted to bail, and, on the 9th of March, 1728, pleaded the King's pardon.

It is natural to inquire upon what motives his mother could persecute him in a manner so outrageous and implacable; for what reason she could employ all the arts of málice, and all the snares of calumny, to take away the life of her own son of a son who never injured her, who was never supported by her expense, nor obstructed any prospect of pleasure or ad. vantage: why she would endeavour to destroy him by a lie--a lie which could not gain credit, but must vanish of itself at the first moment of examination, and of which only this can be said to make it probable, that it may be observed from her conduct, that the most execrable crimes are sometimes committed without apparent temptation.

This mother is still alive, and may perhaps even yet, though her malice was so often defeated, enjoy the pleasure of refleeting, that the life which she’often endeavoured to destroy, was at least shortened by her maternal offices; that though she could not transport her son to the plantations, bury him in the shop of a mechanic, or hasten the hand of the public executioner, she has yet had the satisfaction of embittering all his hours, and forcing him into exigences that hurried on his death.

It is by no means necessary to aggravate the enormity of this woman's conduct, by placing it in opposition to that of the Countess of Hertford; no one can fail to observe how much more amiable it is to relieve, than to oppress, and to rescue innocence from destrution, than to destroy without an injury.

Mr. Savage, during his imprisonment, his trial, and the time in which he lay under sentence of death, behaved with great firmness and equality of mind, and confirmed by his fortitude the esteem of those who before admired him for his

abilities. The peculiar circumstances of his life were made more generally known by a short account,* which was then published, and of which several thousands were in a few weeks dispersed over the nation; and the compassion of mankind operated so powerfully in his favour, that he was enabled, by frequent presents, not only to support himself, but to assist Mr. Gregory in prison; and, when he was pardoned and released, he found the number of his friends not lessened.

The nature of the act for which he had been tried was in itself doubtful; of the evidences which appeared against him, the character of the man was not unexceptionable, that of the woman notoriously infamous; she, whose testimony chiefly influenced the jury to condemn him, afterwards retracted her assertions. He always himself denied that he was drunk, as had been generally reported. Mr. Gregory, who is now (in 1744) collector of Antigua, is said to declare him far less criminal than he was imagincd, éven by some who favoured him; and Page himself afterwards confessed, that he had treated him with uncommon rigour. When all these particulars are rated together, perhaps the memory of Savage may not be much sullied by his trial.

Some time after he obtained his liberty, he met in the street the woman who had sworn with so much malignity against him. She informed him, that she was in distress, and, with a degree of confidence not easily attainable, desired him to relieve her. He, instead of insulting her misery, and taking pleasure in the calamities of one who had brought his life into danger, reproved her gently for her perjury; and changing the only guinea that he had, divided it equally between her and himself.

This is an action which in some ages would have made a saint, and perhaps in others a hero, and which , without

any hyperbolical encomiums, must be allowed to be an instance of uncommon generosity, an act of complicated virtue; by which he at once relieved the poor, corrected the vicious, and forgave an enemy; by which he at once remitted the strongest provocations, and exercised the most ardent charity..

Compassion was indeed the distinguishing, quality of Savage; he never appeared inclined to take advantage of weakness, to attack the defenceless, or to press upon the falling: whoever was distressed, was certain at least of his good

* Written by Mr. Beckingham and another gentleman.

« VorigeDoorgaan »