LITMIR.BIZ

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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 20th 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

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