such an assembly), that the accused was not to blame for shooting the ducks, and if he was, that the indictment did not cover the offense.

"In the first place, any one has a right to shoot wild ducks, wherever he finds them, and everybody does so, except the cross-eyed plaintiff, who shoots on both sides of them. Now, if the plaintiff has ducks which look so near like wild ones that a man of sound mind (mens AND womens sana in corpore sano, as the law hath it, wisely cautious, in making it extend to women also), that a man of common sense, I say, cannot, at shooting distance, tell the difference between them and wild ones, who will blame the man for shooting them? Suppose your honor went on any other principle; suppose you had to wait, and creep up to every duck, and put fresh salt on his tail, before you fired, where would be the noble and ancient amusement of shooting? How many of the twenty ducks which your honor bagged so finely last week, would have graced your tasteful and bountiful table? Thank justice, your honor dispenses no such folly as that for law. Now does not every one know how sensitive my client is to his reputation as a shooter? Don't you know that he would rather be shot than fire at a bird at a less distance than a hundred yards? Don't he always scare up the game, and take it on the fly? Would not he blush to aim at a duck sitting on the water? Now who can tell a wild duck from a tame one at one hundred yards? Impossible; my client's escutcheon is not tarnished in the least, by the blood of these ducks.

"The second, and the remaining points of my argument, I address chiefly to your honor, as they require considerable learning to be understood. The defendant is charged with taking agricultural products. Now, what is agriculture? Your honor knows very well that the word agriculture comes from the old words, agri, the ground,. and culture, to farm it. Now, how, in

the name of Noah Webster and his spelling-book, can ducks be agricul tural? Suppose you farm it-work in the ground till you are as old as Methusaleh, how can you ever raise a duck out of the ground?

"In the second place, we are charged with stealing Pro ducks. Now your Honor knows very well, that the ducks which the defendant shot were not Pro ducks; for the plaintiff confesses that they were 'Scovy ducks.

In the third place, they are not ducks at all, but drakes. Nothing is more important to the welfare of the race than this distinction of gender. The law always recognizes it-society could not exist without it.

"On these points I rest the case. Your honor has the genius and the acumen to appreciate arguments of this kind, and I need not expand them. The counsel for the plaintiff has endeavored to work on your sympathies as though you were a common juryman. I do not so insult you. I rejoice that we have a court in whose hands the cause of a client of mine, with the facts in his favor, is entirely safe."

The hon. court had been sitting with his chair tipped back against the wall, with one leg crossed over the other, and in a state apparently resembling drowsiness very closely. He now slowly uncrossed his legs, and quietly re-crossed them again; then he slowly spake :

"I had, in the first place, kinder s'posed that the defendant was guilty, until he said he shot the ducks. Then I thought he didn't shoot 'em, 'cause he so seldom speaks the truth. But the law says that a man aint obleeged to criminate himself—that is, you can't obleege him to do it. So, then, we must not twist anything the man says, so as to make himself appear guilty. Therefore, notwithstanding he says he shot 'em, I think the evidence is not strong enough. So I bring him in guilty-but acquitted, for want of evidence.""

"Fiat Justitia," said I, as I walked home."

O belief seems to have been more Νο universal than that in witches, ghosts, spirits, and devils; which, while it rests upon the most intangible and unsatisfactory evidence, springs from a profound consciousness, in the human soul, of a spiritual state and a hereafter.

From the beginning of history, man has persisted in prying into the mystery of the unknown, and has longed for the secrets of the future; and from the beginning he has been the prey of the crafty or the credulous. There have been periods when an idea, good or bad, true or false, has become epidemic, and has swept like a whirlwind over the land. It has invariably produced mischief; for, when reason ceases to guide, excesses are certain to en

sue.

Through the years 1644, 5 and '6, Matthew Hopkins, with two assistants, traveled through England as "the Witchfinder," going from town to town, and, for a small fee, searching out all witches. The prisons were soon filled with old women accused by him. They were those unhappy diseased people, whose faults of temper had made them disagreeable to their neighbors, and had led to the suspicion that they practiced witchcraft. The government was was obliged to send a special bench of judges to dispose of them, with whom went the Rev. Mr. Callamy, a friend of Baxter's. Fifteen of them were hanged at Chelmsford; sixteen at Yarmouth; sixty in Suffolk, and many more at various places.

Finally, the people became sick of the destruction, and then they mobbed Hopkins, and hunted him into obscurity.

In 1664, Sir Matthew Hale sat to judge two old feeble, soured women for the crime of witchcraft. He was one of the wisest and most learned men in England, and believed in the teachings of Jesus. He refused to charge the jury as to the guilt of the parties, but said that, beyond doubt, witches did exist, as the scriptures distinctly asserted it, and they had only to decide whether these two were or were not witches. One of the first scholars in England, Sir Thomas Browne, agreed in this opinion.

In the town of Mohra, in Sweden, there was a panic about witches, in the year 1670. Seventy persons were brought before commissioners, charged by scores of children with having bewitched them. They all protested they were innocent; but the judges were earnest in urging them to confess, and twenty-three, with cries and tears, did confess that they were witches. Nearly all of the seventy were executed. Fifteen children also confessed they were witches, and were executed, and nigh fifty other children were condemned to be whipped-a part of them on every Sunday in the year.

No one now doubts that the whole of these were the victims of a delusion, and were sacrificed to the frightful terrors of an ignorant and superstitious populace.

These were succeeded by the Salem witchcraft (1692), which has so often been urged as a dark stain upon the New England people and theology; and it is well, therefore, to note the facts, as showing with what fatal tenacity the notion of witchcraft held the minds of men. It should, also, be remembered that, in Scotland (1697), five years after the Salem doings, seven persons were hanged for this crime, upon the testimony of one child, only eleven years old.

We come now to the year 1691-2.

The prevailing religious opinion of New England was strongly committed to the importance of the devil and his agents; and his power, by many, was believed to be equal, if not superior to that of God. This belief has, in all times, given a singular importance to a priesthood, who were supposed to have influence with him, or to be able to withstand him; and it, of course, made the clergy of New England of consequence in the eyes of the people, as well as in their own. The few who urged the almighty power of God, and the certainty of evil being overcome with good, and did not yield to this belief, whether among the clergy or laity, were easily silenced by the cry of Sadduceeism, and infidelity, which was sure to be sprung upon them. Any kind of story, coming from any kind

of poor creature, who professed to have seen the devil, or to have had any strange and supernatural experience, was eagerly listened to, and eagerly passed from mouth to mouth.

New England, at that time, was unfortunate in having, among her ministers, a pedantic, painstaking, self-complacent, ill-balanced man, called Cotton Mather. His great industry and verbal learning gave him undue influence, and his writings were much read. He was indefatigable in magnifying himself, and his office, and he eagerly seized on all witch stories, hunting for them, as for hidden treasure, and elaborately presented them to the world. In an age when light reading consisted of polemical pamphlets, it is easy to see that his stories of Margaret Rule's Dire Afflictions," and "Wonders of the Invisible World," would find favor, and prepare the mind for a stretch of credulity almost equal to his own. pertinacity with which he pursued George Burroughs, and others, who were accused in this panic, or who were suspected of heresy, and the flattery with which he followed persons in power, will forbid us to defend him from the charge of slavishness and malignity, as well as of credulity.

The

Before his day, Mary Oliver had confessed that she was a witch (1650); Margaret Jones had been executed as such at Charlestown; another at Dorchester, and another at Cambridge. In 1655, the widow Hibbins, wife of a former magistrate, had been hanged at Boston, and one or two others had been put to death for witchcraft, in other parts of New England. All their stories and others, were widely circulated in New England, and had their influence. The English books upon the subject, such as Royal James First's (a royal fool's) Demonology; Perkins's book, containing rules to find witches; and Barnard's and Glanville's witch stories; the account of the witch trials in England, in 1684; Baxter's Certainty of the World of Spirits, and other such writings, were not uncommon, and were much read. The pulpit, also, dwelt freely upon the devil and his doings; and the fear of him was a powerful incentive to revive the decaying influence of the churches.

During the King Philip's war, nothing was heard of witches, the public mind being fully occupied; but in the

year 1688, the children of "John Goodwin, a grave man and a good liver, in the north part of Boston, were believed to be bewitched." Mather at once took them in hand, and the eldest of them to his own house, where he found she was struck dead with the "Assembly's Catechism," "Cotton's Milk for Babes,” and such like; but could read very well in Oxford jest-books, and even in the Prayer-book; all of which went for proof with Mather. The children charged an old, half-witted Irish woman with having bewitched them, something of the kind being expected of them, and she was at once hanged. This was only the morning star of a coming day. Mather elaborated the account, which was published in England, in 1691, and was much commended by Baxter and others.

Salem seems to have been the seat which the Massachusetts devil had chosen for his doings. In the month of February, 1691-2, two young girls (aged 10 and 11), of minister Parris, and two other children, began to show signs of being bewitched. The Reverend Parris at once took the thing in hand, and, almost as a matter of course, it went on; the children getting "into holes, creeping under chairs," and "uttering foolish speeches, which neither they nor any one could make anything of." The news soon spread in the quiet town of Salem; and when physicians were called in, and could make nothing of it, women were aghast, and went from house to house, and all decided that they were bewitched." The town was in excitement, and great pity was expressed for the "poor children," who were afflicted with invisible "spindles," poisons, hot irons, teeth, pincers, and so on-all as invisible as the best doings of our modern spirits. Mather says, that in a few days' time, "they arrived at such a refining alteration (?) about their eyes, that they could see a little devil, of a tawny color, who tendered them a book to sign or touch. If they refused, the spectres, under the command of the black man,' tortured them with prodigious manifestations."

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the neighborhood, which seemed to do no kind of good; for the children barked like dogs, purred like cats, were struck with "invisible sticks," roasted on invisible spits, chained with "invisible chains," and what not-and had now come to be held in so great consequence, that one or two timidly ventured to suggest "so much pity might confirm them in their designs," which none could foresee. Such a suggestion as this could have no effect, except to cover the makers of it with disgrace; and, on the 11th of March, a number of ministers were called together to try whether or not the gates of hell" should prevail. Their best efforts again seemed powerless. Satan kept his hold, and the gates prevailed. Mather was busy in season and out of season; for he had made a discovery, which may best be read in his own words and type.

"A malefactor, executed more than forty years ago, in this place, did then give notice of a horrible PLOT against the country, by WITCHCRAFT, and a foundation of WITCHCRAFT then laid, which, if it were not seasonably discovered, would probably blow up and pull down all the churches in the country." "And now the ty-dogs of the pit are abroad among us, and the firebrands of hell itself are used for the scorching of us;""and that New England should this way be harassed, and not by swarthy Indians, but they are sooty devils." Then he says, "That the unpardonable sin is most usually committed by professors of the Christian religion falling into witchcraft." If this be so, and if Mather discovered what the unpardonable sin really is, he deserves our thanks. He did, however, buckle on his armor, determined to withstand this HELLISH PLOT, "in every branch of it," and to maintain the churches.

But the thing was now talked about throughout the colony, and something must be done; something was expected -the whole populace was excited. The ministers generally preached that the devil now was let loose, and was going about like a raging lion, seeking whom he might devour. The next step, clearly, was to learn who had bewitched these children, and of course they were urged to tell; for they must know. There was, in Parris's family, an Indian woman from one of the Spanish islands, who, in her superstitious way, thought

she would try to right this matter, prayers having failed; so she made a cako with some sort of conjuration, and gave it to the dog, who appeared to like it very well. When the children heard of this, they cried out upon her:-"Tituba the Witch! Tituba the Witch!" Then they cried out upon Sarah Osborn, "a melancholy, distract old woman," then upon Sarah Good, "an old woman who was bedrid," and then upon church members Cory and Nurse, and were terribly convulsed whenever they came near. The matter grew serious; for who else may not be charged with bewitching them? But now a new fea

ture of this thing showed itself. The wife of Thomas Putnam joined the children, and "makes most terrible shrieks" against Goody Nurse, that she was bewitching her, too. On the 3d of April, minister Parris preached long and strong from the text, "Have I not chosen you twelve, and one of you is a devil?" in which he bore down so hard upon the witches accused, that Sarah Cloyse, the sister of Nurse, would not sit still, but "went out of meeting;" a wicked thing to do as they thought, but now a heinous one. At once the children cried out against her, and she was clapt into prison with the rest. Through the months of April and May, Justices Hawthorn and Curwin (or Corwin), with marshal George Herrick, were busy getting the witches into jail, and the good people were startled, astounded, and terror struck at the numbers who were seized. The leafy month of June had come, the jails were full, and something must be done; for the people were clamorous for punishment for these diabolical doings.

Bridget Bishop only was then brought to trial; for the new Charter and new Governor (Phips) were expected daily. She was old, and had been accused of witchcraft twenty years before, and various losses of chickens and cattle, upsetting of carts, spectral black cats, and so on, had been laid to her: so, as there was no doubt about her, she was quickly condemned, and hanged on the 10th day of this pleasant June, in the presence of a crowd of sad and frightened people. It is true, that her accuser, when on his death bed, confessed that he lied; but that could not be known then, and it was a foregone conclusion, that somebody must be hanged.

To be sure of going right, and to have sanction for what was about to be done, the clergy were appealed to, who made a report on the 15th of June, quite at large, commending Perkins's and Barnard's directions for the detection of witches, and closing as follows:-8. Nevertheless, we cannot but humbly recommend unto the government, the speedy and vigorous prosecutions of such as have rendered themselves obnoxious, according to the directions given in the law of God, and the wholesome statutes of the English nation, for the detection of witchcrafts."

Whoever signed this paper, all the ministers did not; among whom was Samuel Willard, to whom be praise, as well as to other calm men, who could not foresee what was to happen. The new Governor Phips, one of Mather's church, fell in with the prevailing fear, and the new bench of Judges, composed of Lieutenant Governor Stoughton, Major Saltonstall, Major Richards, Major Gidney, Mr. Wait Winthrop, Captain Sewall, and Mr. Sargent, were sworn and went to work. On the 30th of June, Sarah Good, Rebeka Nurse, Susannah Martin, Elizabeth How, and Sarah Wilder, were brought to trial; all were found guilty and sentenced to death, except Nurse, who was a church member, and acquitted by the jury. At this the " afflicted" children fell into fits, and others were aggravated; and the popular dissatisfaction was so great, that the court sent them back to the jury-room, and they returned shortly, with a verdict of guilty against Nurse, too. The Reverend Mr. Noyes, of Salem, excommunicated Nurse-delivered her to Satan, and then they all were led out to die. The minister Noyes told Susannah Martin that she was a witch, and knew it, and she had better own it; but she refused, and told him that "he lied," and that he knew it, and "that if he took away her life, God would give him blood to drink;" which curse is now traditionally believed, and that he was choked with blood. They were hanged protesting their innocence and there was none to pity them.

On the 5th of August, a new batch were "haled" before the court-the Rev. George Burroughs, John Proctor and his wife, John Willard, George Jacobs, and Martha Carrier. Burroughs was disliked by some of the clergy. for he was tinctured with Roger Williams's ideas

of religious freedom, and he was particularly obnoxious to Mather; besides, he had spoken slightingly of witchcraft, and had even said there was no such thing as a witch. Willard had been a constable employed in seizing witches, and, becoming sick of the business, had refused to do it any more; the children at once cried out that he, too, was a witch. He fled for his life, but was caught at Nashua, and brought back. Old Jacobs was accused by his own granddaughter, and Carrier was convicted upon the testimony of her own children. They were all convicted and sentenced.

After the sentence, the girl, Margaret Jacobs, who had been particularly useful in the conviction of Burroughs' and her grandfather, came to Burroughs, and confessed with many tears that she was a wicked liar and coward. She also wrote to the court, endeavoring to undo what was done, saying: "The Lord above knows I knew nothing in the least measure how or who afflicted them [the bewitched]: they told me, without doubt, I did, or else they would not fall down at me; they told me if I would not confess, I should be put down into the dungeon, and would be hanged, but if I would confess, I should have my life; the which did so affright me, with my own vile wicked heart, to save my life, that it made me make the like confession I did, which confession, may it please the honored court, is altogether false and untrue. *** What I said, was altogether false against my grandfather and Mr. Burroughs, which I did to save my life, and to have my liberty."

It did not avail; and all but Mrs. Proctor saw the last of earth on the 19th of August-they were hanged on Gallows Hill.

Minister Burroughs made so moving a prayer, closing with the Lord's prayer, which it was thought no witch could say, that there was some fear lest the crowd should hinder the hanging. As soon as he was turned off, Mr. Mather, from his horse, addressed the people, to prove to them that he was really no minister, and to show how he must be guilty notwithstanding his prayer; for the devil could change himself into an angel of light. When he was cut down, he was dragged by the rope to a hole among the rocks, and thrust in with Willard and Carrier, and half buried in a hurried way.