Legal Procedures Used During the Salem Witch Trials

Though there have been many witchcraft trials throughout history, the Salem Witch Trials are the most well known. Without the theocratic (Divinely guided) government of the Puritans, many of the accusations and charges would have been without merit. But under their theocracy, a violation of Bible rules, or Biblical laws, was punishable by death. Some violations that we would today consider insignificant, in terms of a legal charge, were harshly punished in those days. Those caught in adultery, could find themselves being hung on the same gallows as murderers.

It was difficult to find true justice, because every action was judged by Biblical law. But there was little solid evidence presented against the accused. And the little evidence that was presented would not stand up in a court of law today. Many people testified that the ghosts of people were terrifying them, and all kinds of potions and voodoo dolls were displayed as evidence of evil. In the summer of 1692, ministers and doctors would actually physically examine those being tried, for something referred to as "The Devil's Birthmarks." Webbed hands were evidence of being a witch. Insane girls could testify to the most outlandish things, and the innocent prisoners could be sentenced to death. Testimony was given about witches flying on broomsticks, and possessing people.

Gossip and tall tales were presented as the truth, and considered as reliable evidence. As you can imagine, enemies were all too glad to point a finger at an offending neighbor. You could be a good witch, bad witch, or not a witch at all, and if someone testified against you, their usually outrageous stories were believed. Even if you looked different, you were considered to be a witch.

Scholar Brian Levack, (Professor of History at the University of Texas at Austin) states that many of the so-called Salem witches were older women, who were poverty stricken. You were also suspect if you were a single woman or a widow. And heaven help you, if you were not completely traditional in your lifestyle or behavior. You were definitely under suspicion if you could not recite the Lord's prayer, owned strange dolls or puppets, or exhibited unusual growths on your body.

Some unfortunate people were just sick and frail. After being examined by a doctor, you could quickly be declared to be under an evil influence. If a person engaged in premarital sex, they could be accused of being a witch, or if they gave birth to a child out of wedlock. Several of the accused owned taverns, and another was known as a "rebel."

If you dared questioned the truthfulness of the accusers, you would quickly find yourself to be one of the accused. (This certainly cut down on critics.) A formal complaint was filed by someone who felt they had been harmed by witchcraft, and there was an arrest, and a preliminary investigation, held in public. If there was enough "evidence", then the person would be kept in custody until the Grand Jury deliberated. If indicted by this jury, then the accused would be tried in court, by an emergency tribunal, that had been called in, due to the numerous witchcraft charges. The English law stated that there could be no "conjuration, witchcraft, and dealing with wicked and evil spirits."

If someone testified that a ghostly figure, representing the accused, entered their bedroom at night, the accused could be found guilty, because it was thought that the devil could not appear to look like someone, without their consent.

All accused witches were automatically presumed to be guilty. The judges and lawyers would ask leading questions, and fairness and justice was nowhere to be found. In at least one case, the jury reversed itself, after finding out that its verdict was unpopular. The person who was found not guilty, was then proclaimed to be guilty. None of the accused were given legal counsel, and if found guilty, only those who then confessed, were spared death by hanging.

The famous "afflicted girls" were always present in the courtroom, and would fall into fits of hysteria, whenever an accused person came into the room. The fits would only halt, when the person confessed. There was nothing dignified about the courtroom, and spectators would join in the hostility. (One of the accused was hit in the head by an audience member's shoe.)

Twenty accused witches were put to death-fifteen women and five men. Nineteen of these were sent to the gallows, and the remaining one was crushed to death, because he would not enter a plea. Four people died while in jail.

When the trials were fully in gear, over 200 people had been arrested. A letter was then presented to Governor Phipps alleging that "spectral and intangible" evidence was being used, and he ruled against that type of testimony. Then he replaced the present court with a more just one.

Reverend Increase Mather, of Harvard University, argued that the devil was so deceitful that he could assume the likeness of anyone he wanted to, including the innocent and unwilling. He argued that it was far better for ten witches to get away, than for one innocent person to be falsely condemned.

Beginning in June and going for four months, the Salem Witch Trials finally ended on September 22. Governor Phipps dismissed those who had presided over the trials, and in the spring, ordered that all accused witches be let go, after paying their fines.

Aren't you glad that the legal system of today is not based on superstition, gossip, apparitions, appearance, or a presumption of guilt? However unjust it can seem at times, it is definitely a far cry from the days of the Salem Witch Trials.

Sources: http://www.utexas.edu/features/archive/2004/witches.html
http://law.jrank.org/pages/9985/Salem-Witch-Trials.html
http://www.planetpapers.com/Assets/2412.php