Complete Works of Samuel Johnson, page 475
In this censure I do not indiscriminately involve all his relations; for he has mentioned, with gratitude, the humanity of one lady, whose name I am now unable to recollect, and to whom, therefore, I cannot pay the praises which she deserves, for having acted well, in opposition to influence, precept, and example.
The punishment which our laws inflict upon those parents who murder their infants, is well known; nor has its justice ever been contested; but, if they deserve death who destroy a child in its birth, what pains can be severe enough for her who forbears to destroy him, only to inflict sharper miseries upon him; who prolongs his life, only to make him miserable; and who exposes him, without care and without pity, to the malice of oppression, the caprices of chance, and the temptations of poverty; who rejoices to see him overwhelmed with calamities; and, when his own industry, or the charity of others, has enabled him to rise, for a short time, above his miseries, plunges him again into his former distress?
The kindness of his friends not affording him any constant supply, and the prospect of improving his fortune by enlarging his acquaintance necessarily leading him to places of expense, he found it necessary to endeavour, once more, at dramatick poetry, for which he was now better qualified, by a more extensive knowledge and longer observation. But having been unsuccessful in comedy, though rather for want of opportunities than genius, he resolved now to try whether he should not be more fortunate in exhibiting a tragedy.
The story which he chose for the subject, was that of sir Thomas Overbury, a story well adapted to the stage, though, perhaps, not far enough removed from the present age to admit properly the fictions necessary to complete the plan; for the mind, which naturally loves truth, is always most offended with the violation of those truths of which we are most certain; and we, of course, conceive those facts most certain, which approach nearest to our own time.
Out of this story he formed a tragedy, which, if the circumstances in which he wrote it be considered, will afford, at once, an uncommon proof of strength of genius, and evenness of mind, of a serenity not to be ruffled, and an imagination not to be suppressed.
During a considerable part of the time in which he was employed upon this performance, he was without lodging, and often without meat; nor had he any other conveniences for study than the fields or the streets allowed him: there he used to walk and form his speeches, and, afterwards, step into a shop, beg for a few moments the use of the pen and ink, and write down what he had composed, upon paper which he had picked up by accident.
If the performance of a writer thus distressed is not perfect, its faults ought, surely, to be imputed to a cause very different from want of genius, and must rather excite pity than provoke censure.
But when, under these discouragements, the tragedy was finished, there yet remained the labour of introducing it on the stage; an undertaking, which, to an ingenuous mind, was, in a very high degree, vexatious and disgusting; for, having little interest or reputation, he was obliged to submit himself wholly to the players, and admit, with whatever reluctance, the emendations of Mr. Cibber, which he always considered as the disgrace of his performance.
He had, indeed, in Mr. Hill, another critick of a very different class, from whose friendship he received great assistance on many occasions, and whom he never mentioned but with the utmost tenderness and regard. He had been for some time distinguished by him with very particular kindness, and on this occasion it was natural to apply to him, as an author of an established character. He, therefore, sent this tragedy to him, with a short copy of verses, in which he desired his correction. Mr. Hill, whose humanity and politeness are generally known, readily complied with his request; but, as he is remarkable for singularity of sentiment, and bold experiments in language, Mr. Savage did not think his play much improved by his innovation, and had, even at that time, the courage to reject several passages which he could not approve; and, what is still more laudable, Mr. Hill had the generosity not to resent the neglect of his alterations, but wrote the prologue and epilogue, in which he touches on the circumstances of the author with great tenderness.
After all these obstructions and compliances, he was only able to bring his play upon the stage in the summer, when the chief actors had retired, and the rest were in possession of the house for their own advantage. Among these, Mr. Savage was admitted to play the part of sir Thomas Overbury, by which he gained no great reputation, the theatre being a province for which nature seemed not to have designed him; for neither his voice, look, nor gesture, were such as were expected on the stage; and he was so much ashamed of having been reduced to appear as a player, that he always blotted out his name from the list, when a copy of his tragedy was to be shown to his friends.
In the publication of his performance he was more successful, for the rays of genius that glimmered in it, that glimmered through all the mists which poverty and Cibber had been able to spread over it, procured him the notice and esteem of many persons eminent for their rank, their virtue, and their wit.
Of this play, acted, printed, and dedicated, the accumulated profits arose to a hundred pounds, which he thought at that time a very large sum, having been never master of so much before.
In the dedication, for which he received ten guineas, there is nothing remarkable. The preface contains a very liberal encomium on the blooming excellencies of Mr. Theophilus Cibber, which Mr. Savage could not in the latter part of his life see his friends about to read without snatching the play out of their hands. The generosity of Mr. Hill did not end on this occasion; for afterwards, when Mr. Savage’s necessities returned, he encouraged a subscription to a Miscellany of Poems in a very extraordinary manner, by publishing his story in the Plain Dealer , with some affecting lines, which he asserts to have been written by Mr. Savage upon the treatment received by him from his mother, but of which he was himself the author, as Mr. Savage afterwards declared. These lines, and the paper in which they were inserted, had a very powerful effect upon all but his mother, whom, by making her cruelty more publick, they only hardened in her aversion.
Mr. Hill not only promoted the subscription to the Miscellany, but furnished likewise the greatest part of the poems of which it is composed, and particularly the Happy Man, which he published as a specimen.
The subscriptions of those whom these papers should influence to patronise merit in distress, without any other solicitation, were directed to be left at Button’s coffee-house; and Mr. Savage going thither a few days afterwards, without expectation of any effect from his proposal, found to his surprise seventy guineas, which had been sent him in consequence of the compassion excited by Mr. Hill’s pathetick representation.
To this Miscellany he wrote a preface, in which he gives an account of his mother’s cruelty in a very uncommon strain of humour, and with a gaiety of imagination; which the success of his subscription probably produced.
The dedication is addressed to the lady Mary Wortley Montague, whom he flatters without reserve, and, to confess the truth, with very little art. The same observation may be extended to all his dedications: his compliments are constrained and violent, heaped together without the grace of order, or the decency of introduction: he seems to have written his panegyricks for the perusal only of his patrons, and to have imagined that he had no other task than to pamper them with praises, however gross, and that flattery would make its way to the heart, without the assistance of elegance or invention.
Soon afterwards the death of the king furnished a general subject for a poetical contest, in which Mr. Savage engaged, and is allowed to have carried the prize of honour from his competitors: but I know not whether he gained by his performance any other advantage than the increase of his reputation; though it must certainly have been with further views that he prevailed upon himself to attempt a species of writing, of which all the topicks had been long before exhausted, and which was made at once difficult by the multitudes that had failed in it, and those that had succeeded.
He was now advancing in reputation, and though frequently involved in very distressful perplexities, appeared, however, to be gaining upon mankind, when both his fame and his life were endangered by an event, of which it is not yet determined, whether it ought to be mentioned as a crime or a calamity.
On the th of November, 1727, Mr. Savage came from Richmond, where he then lodged, that he might pursue his studies with less interruption, with an intent to discharge another lodging which he had in Westminster; and accidentally meeting two gentlemen, his acquaintances, whose names were Merchant and Gregory, he went in with them to a neighbouring coffee-house, and sat drinking till it was late, it being in no time of Mr. Savage’s life any part of his character to be the first of the company that desired to separate. He would willingly have gone to bed in the same house; but there was not room for the whole company, and, therefore, they agreed to ramble about the streets, and divert themselves with such amusements as should offer themselves till morning.
In this walk they happened unluckily to discover a light in Robinson’s coffee-house, near Charing-cross, and, therefore, went in. Merchant, with some rudeness, demanded a room, and was told that there was a good fire in the next parlour, which the company were about to leave, being then paying their reckoning. Merchant, not satisfied with this answer, rushed into the room, and was followed by his companions. He then petulantly placed himself between the company and the fire, and soon after kicked down the table. This produced a quarrel, swords were drawn on both sides, and one Mr. James Sinclair was killed. Savage, having likewise wounded a maid that held him, forced his way with Merchant out of the house; but being intimidated and confused, without resolution either to fly or stay, they were taken in a back court by one of the company, and some soldiers, whom he had called to his assistance.
Being secured and guarded that night, they were in the morning carried before three justices, who committed them to the Gate-house, from whence, upon the death of Mr. Sinclair, which happened the same day, they were removed in the night to Newgate, where they were, however, treated with some distinction, exempted from the ignominy of chains, and confined, not among the common criminals, but in the press-yard.
When the day of trial came, the court was crowded in a very unusual manner; and the publick appeared to interest itself, as in a cause of general concern. The witnesses against Mr. Savage and his friends were, the woman who kept the house, which was a house of ill fame, and her maid, the men who were in the room with Mr. Sinclair, and a woman of the town, who had been drinking with them, and with whom one of them had been seen in bed. They swore in general, that Merchant gave the provocation, which Savage and Gregory drew their swords to justify; that Savage drew first, and that he stabbed Sinclair when he was not in a posture of defence, or while Gregory commanded his sword; that after he had given the thrust he turned pale, and would have retired, but that the maid clung round him, and one of the company endeavoured to detain him, from whom he broke, by cutting the maid on the head, but was afterwards taken in a court.
There was some difference in their depositions; one did not see Savage give the wound, another saw it given when Sinclair held his point towards the ground; and the woman of the town asserted, that she did not see Sinclair’s sword at all: this difference, however, was very far from amounting to inconsistency; but it was sufficient to show that the hurry of the dispute was such, that it was not easy to discover the truth with relation to particular circumstances, and that, therefore, some deductions were to be made from the credibility of the testimonies.
Sinclair had declared several times before his death, that he received his wound from Savage; nor did Savage at his trial deny the fact, but endeavoured partly to extenuate it, by urging the suddenness of the whole action, and the impossibility of any ill design, or premeditated malice; and partly to justify it by the necessity of self-defence, and the hazard of his own life, if he had lost that opportunity of giving the thrust: he observed, that neither reason nor law obliged a man to wait for the blow which was threatened, and which, if he should suffer it, he might never be able to return; that it was always allowable to prevent an assault, and to preserve life by taking away that of the adversary by whom it was endangered.
With regard to the violence with which he endeavoured to escape, he declared, that it was not his design to fly from justice, or decline a trial, but to avoid the expenses and severities of a prison; and that he intended to have appeared at the bar without compulsion.
This defence, which took up more than an hour, was heard by the multitude that thronged the court with the most 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 wears very fine clothes, much finer clothes than you or I, gentlemen of the jury; that he has abundance 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 cause 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 lordships, in this court, but the sentence which the law requires 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 show Mr. Merchant, 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 publick, 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.
The punishment which our laws inflict upon those parents who murder their infants, is well known; nor has its justice ever been contested; but, if they deserve death who destroy a child in its birth, what pains can be severe enough for her who forbears to destroy him, only to inflict sharper miseries upon him; who prolongs his life, only to make him miserable; and who exposes him, without care and without pity, to the malice of oppression, the caprices of chance, and the temptations of poverty; who rejoices to see him overwhelmed with calamities; and, when his own industry, or the charity of others, has enabled him to rise, for a short time, above his miseries, plunges him again into his former distress?
The kindness of his friends not affording him any constant supply, and the prospect of improving his fortune by enlarging his acquaintance necessarily leading him to places of expense, he found it necessary to endeavour, once more, at dramatick poetry, for which he was now better qualified, by a more extensive knowledge and longer observation. But having been unsuccessful in comedy, though rather for want of opportunities than genius, he resolved now to try whether he should not be more fortunate in exhibiting a tragedy.
The story which he chose for the subject, was that of sir Thomas Overbury, a story well adapted to the stage, though, perhaps, not far enough removed from the present age to admit properly the fictions necessary to complete the plan; for the mind, which naturally loves truth, is always most offended with the violation of those truths of which we are most certain; and we, of course, conceive those facts most certain, which approach nearest to our own time.
Out of this story he formed a tragedy, which, if the circumstances in which he wrote it be considered, will afford, at once, an uncommon proof of strength of genius, and evenness of mind, of a serenity not to be ruffled, and an imagination not to be suppressed.
During a considerable part of the time in which he was employed upon this performance, he was without lodging, and often without meat; nor had he any other conveniences for study than the fields or the streets allowed him: there he used to walk and form his speeches, and, afterwards, step into a shop, beg for a few moments the use of the pen and ink, and write down what he had composed, upon paper which he had picked up by accident.
If the performance of a writer thus distressed is not perfect, its faults ought, surely, to be imputed to a cause very different from want of genius, and must rather excite pity than provoke censure.
But when, under these discouragements, the tragedy was finished, there yet remained the labour of introducing it on the stage; an undertaking, which, to an ingenuous mind, was, in a very high degree, vexatious and disgusting; for, having little interest or reputation, he was obliged to submit himself wholly to the players, and admit, with whatever reluctance, the emendations of Mr. Cibber, which he always considered as the disgrace of his performance.
He had, indeed, in Mr. Hill, another critick of a very different class, from whose friendship he received great assistance on many occasions, and whom he never mentioned but with the utmost tenderness and regard. He had been for some time distinguished by him with very particular kindness, and on this occasion it was natural to apply to him, as an author of an established character. He, therefore, sent this tragedy to him, with a short copy of verses, in which he desired his correction. Mr. Hill, whose humanity and politeness are generally known, readily complied with his request; but, as he is remarkable for singularity of sentiment, and bold experiments in language, Mr. Savage did not think his play much improved by his innovation, and had, even at that time, the courage to reject several passages which he could not approve; and, what is still more laudable, Mr. Hill had the generosity not to resent the neglect of his alterations, but wrote the prologue and epilogue, in which he touches on the circumstances of the author with great tenderness.
After all these obstructions and compliances, he was only able to bring his play upon the stage in the summer, when the chief actors had retired, and the rest were in possession of the house for their own advantage. Among these, Mr. Savage was admitted to play the part of sir Thomas Overbury, by which he gained no great reputation, the theatre being a province for which nature seemed not to have designed him; for neither his voice, look, nor gesture, were such as were expected on the stage; and he was so much ashamed of having been reduced to appear as a player, that he always blotted out his name from the list, when a copy of his tragedy was to be shown to his friends.
In the publication of his performance he was more successful, for the rays of genius that glimmered in it, that glimmered through all the mists which poverty and Cibber had been able to spread over it, procured him the notice and esteem of many persons eminent for their rank, their virtue, and their wit.
Of this play, acted, printed, and dedicated, the accumulated profits arose to a hundred pounds, which he thought at that time a very large sum, having been never master of so much before.
In the dedication, for which he received ten guineas, there is nothing remarkable. The preface contains a very liberal encomium on the blooming excellencies of Mr. Theophilus Cibber, which Mr. Savage could not in the latter part of his life see his friends about to read without snatching the play out of their hands. The generosity of Mr. Hill did not end on this occasion; for afterwards, when Mr. Savage’s necessities returned, he encouraged a subscription to a Miscellany of Poems in a very extraordinary manner, by publishing his story in the Plain Dealer , with some affecting lines, which he asserts to have been written by Mr. Savage upon the treatment received by him from his mother, but of which he was himself the author, as Mr. Savage afterwards declared. These lines, and the paper in which they were inserted, had a very powerful effect upon all but his mother, whom, by making her cruelty more publick, they only hardened in her aversion.
Mr. Hill not only promoted the subscription to the Miscellany, but furnished likewise the greatest part of the poems of which it is composed, and particularly the Happy Man, which he published as a specimen.
The subscriptions of those whom these papers should influence to patronise merit in distress, without any other solicitation, were directed to be left at Button’s coffee-house; and Mr. Savage going thither a few days afterwards, without expectation of any effect from his proposal, found to his surprise seventy guineas, which had been sent him in consequence of the compassion excited by Mr. Hill’s pathetick representation.
To this Miscellany he wrote a preface, in which he gives an account of his mother’s cruelty in a very uncommon strain of humour, and with a gaiety of imagination; which the success of his subscription probably produced.
The dedication is addressed to the lady Mary Wortley Montague, whom he flatters without reserve, and, to confess the truth, with very little art. The same observation may be extended to all his dedications: his compliments are constrained and violent, heaped together without the grace of order, or the decency of introduction: he seems to have written his panegyricks for the perusal only of his patrons, and to have imagined that he had no other task than to pamper them with praises, however gross, and that flattery would make its way to the heart, without the assistance of elegance or invention.
Soon afterwards the death of the king furnished a general subject for a poetical contest, in which Mr. Savage engaged, and is allowed to have carried the prize of honour from his competitors: but I know not whether he gained by his performance any other advantage than the increase of his reputation; though it must certainly have been with further views that he prevailed upon himself to attempt a species of writing, of which all the topicks had been long before exhausted, and which was made at once difficult by the multitudes that had failed in it, and those that had succeeded.
He was now advancing in reputation, and though frequently involved in very distressful perplexities, appeared, however, to be gaining upon mankind, when both his fame and his life were endangered by an event, of which it is not yet determined, whether it ought to be mentioned as a crime or a calamity.
On the th of November, 1727, Mr. Savage came from Richmond, where he then lodged, that he might pursue his studies with less interruption, with an intent to discharge another lodging which he had in Westminster; and accidentally meeting two gentlemen, his acquaintances, whose names were Merchant and Gregory, he went in with them to a neighbouring coffee-house, and sat drinking till it was late, it being in no time of Mr. Savage’s life any part of his character to be the first of the company that desired to separate. He would willingly have gone to bed in the same house; but there was not room for the whole company, and, therefore, they agreed to ramble about the streets, and divert themselves with such amusements as should offer themselves till morning.
In this walk they happened unluckily to discover a light in Robinson’s coffee-house, near Charing-cross, and, therefore, went in. Merchant, with some rudeness, demanded a room, and was told that there was a good fire in the next parlour, which the company were about to leave, being then paying their reckoning. Merchant, not satisfied with this answer, rushed into the room, and was followed by his companions. He then petulantly placed himself between the company and the fire, and soon after kicked down the table. This produced a quarrel, swords were drawn on both sides, and one Mr. James Sinclair was killed. Savage, having likewise wounded a maid that held him, forced his way with Merchant out of the house; but being intimidated and confused, without resolution either to fly or stay, they were taken in a back court by one of the company, and some soldiers, whom he had called to his assistance.
Being secured and guarded that night, they were in the morning carried before three justices, who committed them to the Gate-house, from whence, upon the death of Mr. Sinclair, which happened the same day, they were removed in the night to Newgate, where they were, however, treated with some distinction, exempted from the ignominy of chains, and confined, not among the common criminals, but in the press-yard.
When the day of trial came, the court was crowded in a very unusual manner; and the publick appeared to interest itself, as in a cause of general concern. The witnesses against Mr. Savage and his friends were, the woman who kept the house, which was a house of ill fame, and her maid, the men who were in the room with Mr. Sinclair, and a woman of the town, who had been drinking with them, and with whom one of them had been seen in bed. They swore in general, that Merchant gave the provocation, which Savage and Gregory drew their swords to justify; that Savage drew first, and that he stabbed Sinclair when he was not in a posture of defence, or while Gregory commanded his sword; that after he had given the thrust he turned pale, and would have retired, but that the maid clung round him, and one of the company endeavoured to detain him, from whom he broke, by cutting the maid on the head, but was afterwards taken in a court.
There was some difference in their depositions; one did not see Savage give the wound, another saw it given when Sinclair held his point towards the ground; and the woman of the town asserted, that she did not see Sinclair’s sword at all: this difference, however, was very far from amounting to inconsistency; but it was sufficient to show that the hurry of the dispute was such, that it was not easy to discover the truth with relation to particular circumstances, and that, therefore, some deductions were to be made from the credibility of the testimonies.
Sinclair had declared several times before his death, that he received his wound from Savage; nor did Savage at his trial deny the fact, but endeavoured partly to extenuate it, by urging the suddenness of the whole action, and the impossibility of any ill design, or premeditated malice; and partly to justify it by the necessity of self-defence, and the hazard of his own life, if he had lost that opportunity of giving the thrust: he observed, that neither reason nor law obliged a man to wait for the blow which was threatened, and which, if he should suffer it, he might never be able to return; that it was always allowable to prevent an assault, and to preserve life by taking away that of the adversary by whom it was endangered.
With regard to the violence with which he endeavoured to escape, he declared, that it was not his design to fly from justice, or decline a trial, but to avoid the expenses and severities of a prison; and that he intended to have appeared at the bar without compulsion.
This defence, which took up more than an hour, was heard by the multitude that thronged the court with the most 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 wears very fine clothes, much finer clothes than you or I, gentlemen of the jury; that he has abundance 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 cause 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 lordships, in this court, but the sentence which the law requires 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 show Mr. Merchant, 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 publick, 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.
