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 appear 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, 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 pockets, 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 that 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 to 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

1

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 entered the 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.

*Mr. Savage's Life.

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 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