This excellent little book by University of Georgia History Professor Peter Charles Hoffer was first published in 1997. Professor Hoffer was the author of an earlier book on the Salem Witch Hysteria which was much broader in scope. As the title indicates, this book is a legal history which concentrates on the trials themselves.
Due to a number of factors, hysteria not only gripped Salem Village in 1692 but also the entire Massachusetts Bay Colony. Ministers and Judges in Massachusetts had headed off earlier witchcraft accusations which, as in Salem Village, were made by teenage girls who claimed to be oppressed by the spirits of various members of the community.
The witchcraft accusations were, in part, fueled by animosity between the Putnams and the Porters, leading families in Salem Village, who were competing for land, wealth and control of village politics. Judges in the early Salem Witch Trials ignored the rudimentary rules of evidence which were current in English law which prohibited the introduction of "spectral evidence," that is testimony regarding visions, dreams and ghosts. When allegations were believed that the oppressed victim was being tormented by the spirit of a Defendant, the Defendants were powerless to refute it.
In the earliest trials, the Defendants were unpopular and outcast members of the community. The accusations soon spread to respected older women, like Rebecca Nurse, a stalwart church member who was well respected in the village. In fact, despite the introduction of spectral evidence and the rabid denunciations of the alleged victims, the jury initially returned a verdict of not guilty. The judges, led by Massachusetts Bay Lt. Governor and Chief Judge William Stoughton, were enraged and sent the jurymen back to reconsider their verdict. The jury then complied and brought in a guilty verdict and sent the respected Goodwife Nurse to the gallows.
At this time in English law, a criminal defendant was not allowed to be represented by counsel but was required to conduct their own defense. A criminal defendant was not considered to be a competent witness and could not testify under oath, although they were allowed to make an unsworn statement to the jury.
The prominent Boston minister Cotton Mather was an enthusiastic proponent of the trials. Mather somewhat backed off of this position after his distinguished father, Increase Mather, and a group of Massachusetts ministers urged the governor to end the trials and denounced the admission of spectral evidence. Governor William Phips eventually ended the trials and pardoned those remaining in jail. Chief Judge Stoughton, who eventually replaced Phips as Governor, was outraged and reportedly stormed off the bench saying "that he was just about to 'clear the land' of witches when Phips interfered."
This book is part of the series called "Landmark Law Cases and American Society" published by the University of Kansas Press. This is excellent reading and is highly recommended. Five out of five gavels.
