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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 afterward 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 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. 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 nothin
could more soften my grief, than to be without any com panion 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 afterward 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 in1 formed 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 thet action for which he was condemned might admit, she coulds 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.
* Mr. Savage's Life.
By whom this atrocious calumny had been transmitted to the Queen; whether she that invented bad 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 eminent 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 convinced ber 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 malice, 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 advantage: why she would endea vour to destroy him by a lie-a lie which could not gain 'credit, but must vanish of itself at the first moment of ex. amination, 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,
She died, Oct. 11, 1753, at her house in Old Bond-street, aged above fourscore.-R.
though her malice was so often defeated, enjoy the pleasure of reflecting, that the life which she often endeavoured to destroy, was at least shortened by her maternal offices; that though she could not transport ber 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 destruction, 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, afterward retracted her assertions. He always himself de
It appears that during his confinement he wrote a letter to his mother, which he sent to Theophilus Cibber, that it might be transmitted to her through the means of Mr. Wilks. In his letter to Cibber he says-As to death, I am easy, and dare meet it like a man-all that touches me is the concern of my friends, and a reconcilement with my mother-I cannot express the agony I felt when I wrote the letter to her-if you can find any decent excuse for shewing it to Mrs. Oldfield, do; for I would have all my friends (and that admirable lady in particular) be satisfied I have done my duty towards it-Dr. Young to-day sent me a letter, most passionately kind.'-R.
Written by Mr. Beckingham and another gentleman.-Dr. J.
nied 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 ima gined, even by some who favoured him; and Page himself afterward 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
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 wishes; and when he could give no assistance to extricate them from misfortunes, he endeavoured to sooth them by sympathy and tenderness.
But when his heart was not softened by the sight of misery, he was sometimes obstinate in his resentment, and did not quickly lose the remembrance of an injury. He always continued to speak with anger of the insolence and partiality of Page, and a short time before his death revenged it by satire.*
It is natural to inquire in what terms Mr. Savage spoke of this fatal action, when the danger was over, and he was under no necessity of using art to set his conduct in the
* Printed in the late collection.