Samuel Johnson - The Works of Samuel Johnson, LL.D. in Nine Volumes, Volume 08

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 69 69 Mr. Savage’s life. .”

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.

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 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 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 prosecute 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 should 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 70 70 She died October 11, 1753, at her house in Old Bond street, aged above fourscore. R. and may, perhaps, even yet, 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 her son to the plantations, bury him in the shop of a mechanick, or hasten the hand of the publick executioner, she has yet had the satisfaction of imbittering all his hours, and forcing him into exigencies that hurried on his death.