On such evidence, October 12, 1669, the jury being called to give in their verdict upon the indictment of Katherine Harrison, returned that they find the prisoner guilty of the indictment.
But meanwhile important things in the history of the case had come to pa.s.s. Serious doubts arose in the minds of the magistrates as to accepting the verdict, and in their dilemma they took counsel not only of the law but of the gospel, and presented a series of questions to certain ministers--the same expedient adopted by the court at Salem twenty-three years later.
The answer of the ministers is in the handwriting of Rev. Gershom Bulkeley of Wethersfield, the author of the unique treatise _Will and Doom_. It was a remarkable paper as to preternatural apparitions, the character of evidence for conviction, and its cautions as to its acceptance. It was this:
"The answer of some ministers to the questions pr-pounded to them by the Honored Magistrates, Octobr 20, 1669. To ye 1st Quest whether a plurality of witnesses be necessary, legally to evidence one and ye same individual fact? Wee answer."
"That if the proofe of the fact do depend wholly upon testimony, there is then a necessity of a plurality of witnesses, to testify to one & ye same individual fact; & without such a plurality, there can be no legall evidence of it. Jno 8, 17. The testimony of two men is true; that is legally true, or the truth of order. & this Cht alledges to vindicate ye sufficiency of the testimony given to prove that individual facte, that he himselfe was ye Messias or Light of the World. Mat. 26, 59, 60."
"To the 2nd quest. Whether the preternatural apparitions of a person legally proved, be a demonstration of familiarity with ye devill? Wee anser, that it is not the pleasure of ye Most High, to suffer the wicked one to make an undistinguishable representation of any innocent person in a way of doing mischiefe, before a plurality of witnesses. The reason is because, this would utterly evacuate all human testimony; no man could testify, that he saw this pson do this or that thing, for it might be said, that it was ye devill in his shape."
"To the 3d & 4th quests together: Whether a vitious pson foretelling some future event, or revealing of a secret, be a demonstration of familiarity with the devill? Wee say thus much."
"That those things, whither past, present or to come, which are indeed secret, that is, cannot be knowne by human skill in arts, or strength of reason arguing from ye corse of nature, nor are made knowne by divine revelation either mediate or immediate, nor by information from man, must needes be knowne (if at all) by information from ye devill: & hence the comunication of such things, in way of divination (the pson prtending the certaine knowledge of them) seemes to us, to argue familiarity with ye devill, in as much as such a pson doth thereby declare his receiving the devills testimony, & yeeld up himselfe as ye devills instrument to comunicate the same to others."
And meanwhile Katherine herself had not been idle even in durance. With a dignity becoming such a communication, and in a desperate hope that justice and mercy might be meted out to her, she addressed a pet.i.tion to the court setting forth with unconscious pathos some of the wrongs and sufferings she had endured in person and estate; and one may well understand why under such great provocation she told Michael Griswold that he would hang her though he d.a.m.ned a thousand souls, and as for his own soul it was d.a.m.ned long ago. Vigorous and emphatic words, for which perhaps Katherine was punished enough, as she was adjudged to pay Michael in two actions for slander, 25 and costs in one and 15 and costs in the other.
This was Katherine's appeal:
Filed: Wid. Harrisons greuances presented to the court 6th of Octobr 1669.
"A complaint of severall greiuances of the widow Harrisons which she desires the honored court to take cognizance of and as far as maybe to give her reliefe in."
"May it please this honored court, to have patience with mee a little: having none to complain to but the Fathers of the Commonweale; and yet meetting with many injurys, which necessitate mee to look out for some releeife. I am told to present you with these few lines, as a relation of the wrongs that I suffer, humbly crauing your serious consideration of my state a widdow; of my wrongs, (wch I conceive are great) and that as far as the rules of justice and equitie will allow, I may have right and a due recompence."
"That that I would present to you in the first place is we had a yoke of oxen one of wch spoyled at our stile before our doore, with blows upon the backe and side, so bruised that he was altogether unserviceable; about a fortnight or three weeks after the former, we had a cow spoyled, her back broke and two of her ribs, nextly I had a heifer in my barne yard, my ear mark of wch was cutt out and other ear marks set on; nextly I had a sow that had young pigs ear marked (in the stie) after the same manner; nextly I had a cow at the side of my yard, her jaw bone broke and one of her hoofs and a hole bored in her side, nextly I had a three yeare old heifer in the meadow stuck with knife or some weapon and wounded to death; nextly I had a cow in the street wounded in the bag as she stood before my door, in the street, nextly I had a sow went out into the woods, came home with ears luged and one of her hind legs cutt offe, lastly my corne in Mile Meadow much d.a.m.nified with horses, they being staked upon it; it was wheat; All wch injurys, as they do sauor of enemy so I hope they will be looked upon by this honored court according to their natuer and judged according to there demerit, that so your poor suppliant may find some redrese; who is bold to subscribe."
"Your servant and supplyant, "KATHERINE HARRISON.
"Postscript. I had my horse wounded in the night, as he was in my pasture no creature save thre calves with him: More I had one two yeare old steer the back of it broke, in the barne yard, more I had a matter of 30 poles of hops cutt and spoyled; all wch things have hapened since my husband death, wch was last August was two yeare. There is wittnes to the oxen Jonathan & Josiah Gillert; to the cows being spoyled, Enoch Buck, Josiah Gilbert; to the cow that had her jaw bone broke, Dan, Rose, John, Bronson: to the heifer, one of widdow Stodder sons, and Willia Taylor; to the corne John Beckly; to the wound of the horse Anthony Wright, Goodman Higby; to the hops cutting, Goodwife Standish and Mary Wright; wch things being added, and left to your serious consideration, I make bold again to subscribe.
"Yours, "KATHERINE HARRISON."
At a special court of a.s.sistants held May 20, 1670, to which the General a.s.sembly had referred the matter with power, the court having considered the verdict of the jury could not concur with them so as to sentence her to death, but dismissed her from her imprisonment, she paying her just fees; willing her to mind the fulfilment of removing from Wethersfield, "which is that will tend most to her own safety & the contentment of the people who are her neighbors."
In the same year, having paid the expenses of her trials and imprisonment, she removed to Westchester, New York. Being under suspicion of witchcraft, her presence was unwelcome to the inhabitants there and complaint was made to Governor Lovelace. She gave security for her civil carriage and good behavior, and at the General Court of a.s.sizes held in New York in October, 1670, in the case of Katherine Harrison, widow, who was bound to the good behavior upon complaint of some of the inhabitants of Westchester, it was ordered, "that in regard there is nothing appears against her deserving the continuance of that obligation she is to be released from it, & hath liberty to remain in the town of Westchester where she now resides, or anywhere else in the government during her pleasure."
CHAPTER VII
"Although our fathers cannot be charged with having regarded the Devil in his respectful and deferential light, it must be acknowledged, that they gave him a conspicuous and distinguished--we might almost say a dignified--agency in the affairs of life and the government of the world: they were p.r.o.ne to confess, if not to revere, his presence, in all scenes and at all times. He occupied a wide s.p.a.ce, not merely in their theology and philosophy, but in their daily and familiar thoughts." UPHAM'S _Salem Witchcraft_.
"There are in every community those who for one cause or another unfortunately incur the dislike and suspicion of the neighbors, and when belief in witchcraft prevailed such persons were easily believed to have familiarity with the evil one." _A Case of Witchcraft in Hartford_ (Connecticut Magazine, November, 1899), HOADLEY.
Witchcraft in the Connecticut towns reached its climax in 1692--the fateful year at Salem, Ma.s.sachusetts--and the chief center of its activity was in the border settlements at Fairfield. There, several women early in the year were accused of the crime, and among them Mercy Disborough. The testimonies against her were unique, and yet so typical that they are given in part as the second ill.u.s.tration.
MERCY (DISBRO) DISBOROUGH
A special court, presided over by Robert Treat, Governor, was held at Fairfield by order of the General Court, to try the witch cases, and September 14, 1692, a true bill was exhibited against Mercy Disborough, wife of Thomas Disborough of Compo in Fairfield, in these words:
"Mercy Disborough is complayned of & accused as guilty of witchcraft for that on the 25t of Aprill 1692 & in the 4th year of their Maties reigne & at sundry other times she hath by the instigation & help of the diuill in a preternaturall way afflicted & don harme to the bodyes & estates of sundry of their Maties subjects or to some of them contrary to the law of G.o.d, the peace of our soueraigne lord & lady the King & Queen their crowne & dignity."
"BILLA VERA."
Others were indicted and tried, at this session of the court and its adjournments, notably Elizabeth Clawson. Many depositions were taken in Fairfield and elsewhere, some of the defendants were discharged and others convicted, but Mercy Disborough's case was the most noted one in the tests applied, and in the conclusions to which it led. The whole case with its singular incidents is worthy of careful study. Some of the testimony is given here.
EDWARD JESOP--_The roast pig--"The place of Scripture"--The bewitched "cannoe"--The old cart horse--Optical illusions_
"Edward Jesop aged about 29 years testifieth that being at The: Disburrows house at Compoh sometime in ye beginning of last winter in ye evening he asked me to tarry & sup with him, & their I saw a pigg roasting that looked verry well, but when it came to ye table (where we had a very good lite) it seemed to me to have no skin upon it & looked very strangly, but when ye sd Disburrow began to cut it ye skin (to my apprehension) came againe upon it, & it seemed to be as it was when upon ye spit, at which strange alteration of ye pig I was much concerned however fearing to displease his wife by refusing to eat, I did eat some of ye pig, & at ye same time Isaac Sherwood being there & Disburrows wife & hee discoursing concerning a certain place of scripture, & I being of ye same mind that Sherwood was concerning yt place of scripture & Sherwood telling her where ye place was she brought a bible (that was of very large print) to me to read ye particular scripture, but tho I had a good light & looked ernestly upon ye book I could not see one letter but looking upon it againe when in her hand after she had turned over a few leaves I could see to read it above a yard of. Ye same night going home & coming to Compoh it seemed to be high water whereupon I went to a cannoe that was about ten rods of (which lay upon such a bank as ordinarily I could have shoved it into ye creek with ease) & though I lifted with all my might & lifted one end very high from ye ground I could by no means push it into ye creek & then ye water seemed to be so loe yt I might ride over, whereupon I went againe to ye water side but then it appeared as at first very high & then going to ye cannoe againe & finding that I could not get it into ye creek I thought to ride round where I had often been & knew ye way as well as before my own dore & had my old cart hors yet I could not keep him in ye road do what I could but he often turned aside into ye bushes and then went backwards so that tho I keep upon my hors & did my best indeauour to get home I was ye greatest part of ye night wandering before I got home altho I was not much more than two miles."
"Fairfield Septembr 15th 1692.
"Sworn in Court Septr 15 1692. Attests John Allyn, Secry."
JOHN BARLOW--_Mesmeric influence--Light and darkness--The falling out_
"John Barlow eaged 24 years or thairabout saieth and sd testifieth that soumtime this last year that as I was in bedd in the hous that Mead Jesuop then liuied in that Ma.r.s.ey Desbory came to me and layed hold on my fett and pinshed them (and) looked wishley in my fea.s.s and I strouff to rise and cold not and too speek and cold not. All the time that she was with me it was light as day as it semed to me--but when shee uanicht it was darck and I arose and hade a paine in my feet and leags some time after an our or too it remained. Sometime before this aforesd Marcey and I had a falling out and shee sayed that if shee had but strength shee would teer me in peses."
"Sworn in court Septr 19, 92. Attests John Allyn."
BENJAMIN DUNING--_"Cast into ye watter"--Vindication of innocence--Mercy not to be hanged alone_
"A Speciall Cort held in Fairfield this 2d of June 1692.
"Marcy Disbrow ye wife of Thomas Disbrow of Fairfield was sometimes lately accused by Catren Branch servant to Daniell Wescoat off tormenting her whereupon sd Mercy being sent for to Stanford and ther examined upon suspecion of witchcraft before athaurity and fro thnce conueyed to ye county jaile and sd Mercy ernestly desireing to be tryed by being cast into ye watter yesterday wch was done this day being examind what speciall reason she had to be so desiring of such a triall her answer was yt it was to vindicate her innocency allso she sd Mercy being asked if she did not say since she was duckt yt if she was hanged shee would not be hanged alone her answer was yt she did say to Benje Duning do you think yt I would be such a fooll as to be hanged allone.
Sd Benj. Duning aged aboue sixteen years testifies yt he heard sd Mercy say yesterday that if she was hanged she would not be hanged allone wch was sd upon her being urged to bring out others that wear suspected for wiches."
"Sept 15 1692 Sworn in Court by Benj. Duning attest John Allyn Secy
"Joseph Stirg aged about 38 declares that he wth Benj. Duning being at prison discoursing with the prisoner now at the bar he heard her say if she were hanged she would not be hanged alone. He tould her she implicitly owned herself a witch."
"Sworn in Court Sept. 15, atests John Allyn, Secry."
THOMAS HALLIBERCH--_A poor creature "damd"--Torment--A lost soul--Divination_
"Thomas Halliberch ye jayle keeper aged 41 testifieth and saith yt this morning ye date aboue Samull Smith junr. came to his house and sad somthing to his wife somthing concerning Mercy and his wifes answer was Oh poor creature upon yt Mercy mad answer & sd poor creature indeed & sd shee had been tormented all night. Sd Halliberch answered her yt it was ye devill her answer was she did beleue it was and allso yt she sed to it in ye name of ye Father Son and Holy Gost also sd Halliberch saith yt sd Mercy sd that her soul was damd for yesterdays worke. Mercy owned before this court yt she did say to sd Halliberch that it was reuealled to her yt shee wisht she had not damd her soule for yesterdays work and also sad before this cort she belieued that there was a deuination in all her trouble."
"Owned by the prisoner in court Sept. 15, 1692. attest John Allyn, Secy"