THOMAS BENIT, ELIZABETH BENIT--"_A birds taile"--A family difference--"Ye Scripture words"--The lost "calues and lams_"

"Thos. Benit aged aboute 50 yrs testifieth yt Mercy Disbrow tould him yt shee would make him as bare as a birds taile, which he saith was about two or three yrs sine wch was before he lost any of his creatures."

"Elizabeth Benit aged about 20 yrs testifieth yt Mercy Disbrow did say that it should be prest heeped and running ouer to her sd Elizabth; wch was somtime last winter after som difference yt was aboute a sow of Benje. Rumseyes."

"Mercy Disbrow owns yt she did say those words to sd Elizabeth & yt she did tell her yt it was ye scripture words & named ye place of scripture which was about a day after."

"The abousd Thos. Benit saith yt after ye sd Mercy had expressed herself as above, he lost a couple of two yr old calues in a creek running by Halls Islande, which catle he followed by ye track & founde them one against a coue of ice & ye other about high water marke, & yt they went into ye creek som distance from ye road where ye other catle went not, & also yt he lost 30 lams wthin about a fortnights time after ye sd two catle died som of sd lams about a week old & som a fortnight & in good liueing case & allso saith yt som time after ye sd lams died he lost two calues yt he fectht up ouer night & seemed to be well & wear dead before ye next morning one of them about a fortnight old ye one a sucker & ye other not."

HENRY GREY--_The roaring calfe--The mired cow--The heifer and cart whip--Hard words--"Creeses in ye cetle"_

"The said Henry saith yt aboute a year agou or somthing more yt he had a calfe very strangly taken and acted things yt are very unwonted, it roared very strangly for ye s.p.a.ce of near six or seven howers & allso scowered extraordinarily all which after an unwonted maner; & also saith he had a lame after a very strange maner it being well and ded in about an houre and when it was skined it lookt as if it had been bruised or pinched on ye shoulders and allso saith yt about two or three months agou he and Thos Disbrow & sd Disbroughs wife was makeing a bargaine about a cetle yt sd Henry was to haue & had of sd Disbrough so in time they not agreeing sd Henry carried ye cetle to them againe & then sd Dibroughs wife was very angry and many hard words pased & yt som time since about two months he lost a cow which was mired in a swampe and was hanged by one leg in mire op to ye gambrill and her nose in the water and sd cow was in good case & saith he had as he judged about 8 pound of tallow out of sd cow & allso yt he had a thre yr old heifer came home about three weeks since & seemed to ale somthing she lay downe & would haue cast herself but he pruented her & he cut a piece of her eare & still shee seemed to be allmost dead & then he sent for his cart whip & gave ye cow a stroak wth it & she arose suddenly and ran from him & he followed her & struck her sundry times and yt wthin about one hour he judges she was well & chewed her cud allso sd Henry saith yt ye ketle he had of sd Disbrow loockt like a new ketle the hamer stroakes and creeses was plaine to be seen in ye cetle, from ye time he had it untill a short time before he carried it home & then in about a quarter of an hour, the cetle changed its looks & seemed to be an old cetle yt had been used about 20 years and yt sundry nailes appeared which he could not see before and allso saith yt somtime lately he being at his brother Jacob Grays house & Mercy Disbrough being there she begane to descorse about ye kitle yt because he would not haue ye cetle shee had said that it should cost him two cows which he tould her he could prove she had sed & her answer was Aye: & then was silent, & he went home & when he com home he heard Thomas Benit say he had a cow strangly taken yt day & he sent for his cart whip & whipye cow & shee was soon well againe & as near as he could com at it was about ye same time yt he tould Mercy he could prove what shee sad about ye two cows and allso saith yt as soon as he came home ye same time his wife tould him yt while Thos Benit had ye cart whip one of sd Henrys calues was taken strangly & yt she sent for ye whip & before ye whip came ye calf was well."

JOHN GRUMMON--_A sick child--Its unbewitching--Benit's threats--Mercy's tenderness_

"John Grummon senr saith yt about six year agou he being at Compo with his wife & child & ye child being very well as to ye outward vew and it being suddenly taken very ill & so remained a little while upon wch he being much troubled went out & heard young Thomas Benit threaten Mercy Disbrow & bad her unbewitch his uncles child whereupon she came ouer to ye child & ye child was well.

"Thomas Benit junr aged 27 years testifieth yt at ye same time of ye above sd childs illness he came into ye house wher it was & he spoke to sd John Gruman to go & scould at Mercy & tould him if he sd Gruman would not he would wherupon he sd Benit went out and called to Mercy & bad her come and unbewitch his unkle Grumans child or else he would beat her hart out then sd mercy imediatly came ouer and stroaked ye child & sd G.o.d forbad she should hurt ye child and imediately after ye child was well."

ANN G.o.dFREE--_The frisky oxen--Neighborly interest--The "beer out of ye barrill"--Mixed theology--The onbewitched sow_

"Ann G.o.dfree aged 27 years testifieth yt she came to Thos Disbrows house ye next morning after it was sd yt Henry Grey whipt his cow and sd Disbrows wife lay on ye bed & stretcht out her arme & sd to her oh! Ann I am allmost kild; & further saith yt about a year & eleven months agou she went to sd Disbrows house wth young Thos Benits wife & told Mercy Disbrow yt Henry Greys wife sed she had bewitcht his her husbands oxen & made y jump ouer ye fence & made ye beer jump out of ye barrill & Mercy answered yt there was a woman came to her & reuiled her & asked what shee was doing she told her she was praying to her G.o.d, then she asked her who was her G.o.d allso tould her yt her G.o.d was ye deuill; & Mercy said she bad ye woman go home & pray to her G.o.d & she went home but shee knew not whether she did pray or not; but she sed G.o.d had met wth her for she had died a hard death for reuileing on her & yt when ye sd Thos Benits wife & she came away sd Benits wife tould her yt woman yt was spoaken of was her sister and allso sed yt shee had heard those words which Mercy had related to her pas between Mercy and her sister.

Upon yt sd An saith she would haue gon back & haue talked againe to Mercy & Thomas Benit senr bad her she should not for she would do her som mischief and yt night following shee sd Ann saith she could not sleep & shee heard a noyse about ye house & allso heard a noyse like as tho a beast wear knoct with an axe & in ye morning their was a heifer of theirs lay ded near ye door. Allso sd An saith yt last summer she had a sow very sick and sd Mercy cam bye & she called to her & bad her on-bewitch her sow & tould her yt folks talked of ducking her but if she would not onbewitch her sow she should need no ducking & soon after yt her sow was well and eat her meat." That both what is on this side & the other is sworne in court.

"Sept 15, 92. Attests, John Allyn Secy"

"It has been heretofore noted that during her trial--from the records of which the foregoing testimony has been taken--the prisoner Mercy Disborough was subjected to a search for witch marks by a committee of women, faithfully sworn narrowly and truly to inspect and search. This indignity was repeated, and the women agreed "that there is found on her boddy as before they found, and nothing else." But the accused in order to her further detection was subjected to another test of English parentage, recommended by the authorities and embodied in the criminal codes. It was the notorious water test, or ordeal by water. September 15, 1692, this test was made, chiefly on the testimony of a young girl subject to epileptic fits and hysterics, who was carried into the meetinghouse where the examination was being held. Thus runs the record:

_Daniel Westcott's "gerle"--Scenes in the meeting house--"Ye girl"--Mercy's voice--Usual paroxisme_

"The afflicted person being carried into ye meeting house & Mercy Disbrow being under examination by ye honable court & whilst she was speaking ye girl came to her sences, & sd she heard Mercy Disbrow saying withall where is she, endeavoring to raise herself, with her masters help got almost up, in ye open view of present, & Mercy Disbrow looking about on her, she immediately fel down into a fit again. A 2d time she came to herself whilst in ye meeting house, & askd whers Mercy, I hear her voice, & with that turned about her head (she lying with her face from her) & lookd on her, then laying herself down in like posture as before sd tis she, Ime sure tis she, & presently fell into a like paroxisme or fit as she usually is troubled with."

Mercy Disborough, and another woman on trial at the same time (Elizabeth Clauson), were put to the test together, and two eyewitnesses of the sorry exhibition of cruelty and delusion made oath that they saw Mercy and Elizabeth bound hand and foot and put into the water, and that they swam upon the water like a cork, and when one labored to press them into the water they buoyed up like cork.[G]

[Footnote G: Depositions of Abram Adams and Jonathan Squire, September 15, 1692.]

At the close of the trial the jury disagreed and the prisoner was committed "to the common goale there to be kept in safe custody till a return may be made to the General Court for further direction what shall be don in this matter;" and the gentlemen of the jury were also to be ready, when further called by direction of the General Court, to perfect their verdict. The General Court ordered the Special Court to meet again "to put an issue to those former matters."

October 28, 1692, this entry appears of record:

"The jury being called to make a return of their indictment that had been committed to them concerning Mercy Disborough, they return that they find the prisoner guilty according to the indictment of familiarity with Satan. The jury being sent forth upon a second consideration of their verdict returned that they saw no reason to alter their verdict, but to find her guilty as before. The court approved of their verdict and the Governor pa.s.sed sentence of death upon her."

The hesitation of the jury to agree upon a verdict, the reference to the General Court for more specific authority to act, all point to serious question of the evidence, the motives of witnesses, the value of the traditional and lawful tests of the guilt of the accused.

In the search for facts which the old records certify to at this late day, one is deeply impressed by the wisdom and potency of the sober afterthought and conclusions of some of the clergy, lawyers, and men of affairs, who sat as judges and jurors in the witch trials, which led them to weigh and a.n.a.lyze the evidence, spectral and otherwise, and so call a halt in the prosecutions and convictions.

What some of the Ma.s.sachusetts men did and said in the contemporaneous outbreak at Salem has been shown, but nowhere is the reaction there more clearly ill.u.s.trated than in the statement of Reverend John Hale--great-grandsire of Nathan Hale, the revolutionary hero--the long time pastor at Beverly Farms, who from personal experience became convinced of the grave errors at the Salem trials, and in his _Modest Inquiry_ in 1697 said:

"Such was the darkness of that day, the tortures and lamentations of the afflicted, and the power of former precedents, that we walked in the clouds and could not see our way.... observing the events of that sad catastrophe,--Anno 1692,--I was brought to a more strict scanning of the principles I had imbibed, and by scanning to question, and by questioning at length to reject many of them." _Nathan Hale_ (p. 10), Johnston.

But no utterance takes higher rank, or deserves more consideration in its appeal to sanity, justice, and humanity, than the declaration of certain ministers and laymen of Connecticut, in giving their advice and "reasons" for a cessation of the prosecutions for witchcraft in the colonial courts, and for reprieving Mercy Disborough under sentence of death. This is the remarkable doc.u.ment:

"Filed: The ministers aduice about the witches in Fayrfield, 1692.

"As to ye evidences left to our consideration respecting ye two women suspected of witchcraft at Fairfield we offer

"1. That we cannot but give our concurrance with ye generallity of divines that ye endeavour of conviction of witchcraft by swimming is unlawful and sinfull & therefore it cannot afford any evidence.

"2. That ye unusuall excresencies found upon their bodies ought not to be allowed as evidence against them without ye approbation of some able physitians.

"3. Respecting ye evidence of ye afflicted maid we find some things testifyed carrying a suspition of her counterfeiting; Others that plainly intimate her trouble from ye mother which improved by craft may produce ye most of those strange & unusuall effects affirmed of her; & of those things that by some may be thought to be diabolical or effects of witchcraft. We apprehend her applying of them to these persons merely from ye appearance of their spectres to her to be very uncertain and failable from ye easy deception of her senses & subtile devices of ye devill, wherefore cannot think her a sufficient witnesse; yet we think that her affliction being something strange it well deserves a farther inquiry.

"4. As to ye other strange accidents as ye dying of cattle &c., we apprehend ye applying of them to these women as matters of witchcraft to be upon very slender & uncertain grounds.

"Hartford JOSEPH ELIOT "Octobr 1692 TIMOTHY WOODBRIDGE."

"The rest of ye ministers gave their approbation to ye sum of what is ... above written tho this could not be drawen up before their departure."

(Above in handwriting of Rev. Timothy Woodbridge.) "Filed: Reasons of Repreuing Mercy Desbrough.

"To the Honrd Gen: a.s.sembly of Connecticut Colony sitting in Hartford.

Reasons of repreuing Mercy Disbrough from being put to death until this Court had cognizance of her case.

"First, because wee that repreued her had power by the law so to do.

Secondly, because we had and haue sattisfying reasons that the sentence of death pa.s.sed against her ought not to be executed which reasons we give to this Court to be judge of

"1st. The jury that brought her in guilty (which uerdict was the ground of her condemnation) was not the same jury who were first charged with this prisoners deliuerance and who had it in charg many weeks. Mr.

Knowles was on the jury first sworn to try this woman and he was at or about York when the Court sate the second time and when the uerdict was given, the jury was altered and another man sworn.

"It is so inuiolable a practice in law that the indiudual jurors and jury that is charged with the deliuerance of a prisoner in a capital case and on whom the prisoner puts himself or herself to be tryed must try it and they only that al the presidents in Old England and New confirm it and not euer heard of til this time to be inouated. And yet not only president but the nature of the thing inforces it for to these juors the law gaue this power vested it in them they had it in right of law and it is incompatible and impossible that it should be uested in these and in others too for then two juries may haue the same power in the same case one man altered the jury is altered.

"Tis the birthright of the Kings' subjects so and no otherwise to be tryed and they must not be despoyled of it.

"Due form of law is that alone wherein the ualidity of verdicts and judgments in such cases stands and if a real and apparent murtherer be condemned and executed out of due form of law it is inditable against them that do it for in such case the law is superseded by arbitrary doings.

"What the Court accepts and the prisoner accepts differing from the law is nothing what the law admitts is al in the case.

"If one jury may be changed two, ten, the whole may be so, and solemn oathe made uain.

"Wee durst not but dissent from and declare against such alterations by our repreueing therefore the said prisoner when ye were informed of this business about her jury, and we pray this honored Court to take heed what they do in it now it is roled to their doore and that at least they be well sattisfied from able lawyers that such a chang is in law alowable ere this prisoner be executed least they bring themselues into inextricable troubles and the whole country. Blood is a great thing and we cannot but open our mouths for the dumb in the cause of one appointed to die by such a uerdict.

"2dly. We had a good accompt of the euidences giuen against her that none of them amounted to what Mr. Perkins, Mr. Bernard and Mr. Mather with others state as sufficiently conuictiue of witchcraft, namely 1st Confession (this there was none of) 2dly two good wittnesses proueing som act or acts done by the person which could not be but by help of the deuill, this is the summe of what they center in as thair books show as for the common things of spectral euidence il euents after quarels or threates, teates, water tryalls and the like with suspitious words they are al discarded and som of them abominated by the most judicious as to be conuictiue of witchcraft and the miserable toyl they are in the Bay for adhereing to these last mentioned litigious things is warning enof, those that will make witchcraft of such things will make hanging work apace and we are informed of no other but such as these brought against this woman.