But the hearsay doctrine evolved slowly and did not take on something like its modern form until the early 1700s. [27], However, Puritan minister Cotton Mather took a different view. at 275 n.5. They knew that witches had at least one mark on their body. The Court of Oyer and Terminer adjourned on 22 September, with the expectation of reconvening before long. <>2]/P 7 0 R/Pg 33 0 R/S/Link>> but also said that it isnt enough to convict someone: When there has been a murder committed, an apparition of the slain party, accusing of any man, although such apparitions have oftner spoke true than false, is not enough to convict the man as guilty of that murder; but yet it is a sufficient occasion for magistrates to make a particular enquiry, whether such a man have afforded any ground for such an accusation. Cotton's father, Increase Mather, took the opposite approach in his own work, Cases of Conscience Concerning Evil Spirits Personating Men. ThoughtCo, Aug. 26, 2020, thoughtco.com/what-is-spectral-evidence-3528204. Finally the discrediting of spectral evidence and the fallout from the trials will be examined. The use of spectral evidence led to a controversy, with Cotton Mather defending it and critic Robert Calef harshly condemning it.
I Dream of Spectral Evidence - NeuroLogica Blog - The NESS October of 1692, Governor Phips dissolved the court of Oyer and William Phips (16921693)", "A Modest Enquiry into the Nature of Witchcraft", "Cases of Conscience Concerning Evil Spirits Personating Men", "Witchcraft under Charles II and James II", https://en.wikipedia.org/w/index.php?title=Spectral_evidence&oldid=1145848157, Creative Commons Attribution-ShareAlike License 4.0, This page was last edited on 21 March 2023, at 09:27. endobj
[42][43] He concluded that "to take away the Life of any one, meerly because a Spectre or Devil, in a bewitched or possessed person does accuse them, will bring a Guilt of innocent Blood on the Land, where such a thing shall be done". [7] The evidence which tied these afflictions to Denny and Cullender was the testimony of the children that they had often been threatened by apparitions of these women. 22 0 obj upon this occasion was enraged and filled with passionate anger and refused to sit upon the bench in a Superior Court then held at Charles Towne, and indeed hath from the beginning hurried on these matters with great precipitancy and by his warrant hath caused the estates, goods and chattles of the executed to be seized and disposed of without my knowledge or consent.. A particularly striking example of the difficulty of trying to offer exonerative evidence comes in the case of the Lords Prayer. fact that the colonys charter, and therefore previous laws, which Hosted by Natalie Kitroeff. spectral evidence isnt valid because specters can take the shape of The prosecutions use of multiple out-of-court statements during the infamous treason trial of Sir Walter Raleigh in 1603 helped spur the development of the hearsay ban. R. Evid.
The Salem Witch Trials: A case of mass hysteria Today, we would find it wholly unremarkable that someone would have a mark on her body, or had been seen in the company of a man in dark clothes or a pet, or kept dolls around the house, or struggled to recite the Lords Prayer perfectly when her life depended on it (especially if she were illiterate or were not fluent in English, as was true of some of the accused).
Spectral Evidence - Salem Witch Museum There are several scriptures from which we may after the remaining 52 people had been tried, three were found guilty endobj Some Miscellany OBSERVATIONS On Our Present Debates Respecting Witchcrafts. Jahrbuch Fr Amerikastudien, vol. People believed that the devil could not take the form of any person . In fact, since 2020, there have been over 22,000 scientific publications on new advances in forensic science. Ironically, judges tended to prefer such statements over live testimony because they thought them more reliable. Of course, as a practical matter, the proofs usually included some evidence of harm because that is what prompted the initial complaint and got the ball rolling. During the European witch hunts that came in waves throughout the 15-17th centuries "spectral evidence" was allowed in court, as it was during the Salem witch trials as well. Biography of Rebecca Nurse, Victim of the Salem Witch Trials, John Alden Jr. and the Salem Witch Trials, Sarah Cloyce: Accused in the Salem Witch Trials, Mary Easty: Hanged as a Witch in Salem, 1692, Criminal Justice and Your Constitutional Rights, History of Witches Signing the Devil's Book, Jury Nullification: Definition and Examples, Tituba and The Salem Witch Trials of 1692, Biography of Martha Corey, Last Woman Hung in the Salem Witch Trials, Malleus Maleficarum, the Medieval Witch Hunter Book, The Most Important Inventions of the Industrial Revolution, M.Div., Meadville/Lombard Theological School. On 8 October, an influential Boston merchant, Thomas Brattle, wrote an open letter arguing against the unjust proceedings of the court. They offer countless insights into the significance of a stable and impartial judiciary, the indispensable place of legal counsel, the critical role of procedure, andmost importantly for purposes of this articlehow the concept of proof can go terribly wrong. Rebecca Beatrice Brooks is the author and publisher of the History of Massachusetts Blog. He trusted the judges, though he argued they should not use spectral evidence in their decisions. the Invisible World which said spectral evidence should be allowed
Spectral evidence was admitted in the Salem Witch trials, but condemned by many before and after as legally invalid. At the same time, his son Cotton Mather wrote a book supporting the proceedings,Wonders of the Invisible World. Opposition by the contemporary clergy to the use of spectral evidence does not mean the clergy did not believe that specters were real. And sometimes persons or things themselves do really appear, but how is it possible for any one to give a true testimony who possibly did see neither shape nor person, but were deluded, and if they did see anything, they know not whether it was the person or but his shape. In short, what everybody knew in Salem made it effectively impossible for defendants to refute the charge, because no set of facts would tend to show their innocence. tho there be never so many evidences that the said person murthered C. D. E. F. and ten more persons, yet all this will not amount to a legal proof, that he murthered A.B., and upon the indictement [sic], the person cannot be legally brought in guilty of the said indictement; it must be upon this supposition, that the evidence of a mans pistolling the shadow of A.B. Mather also stated that another cause of these visions and 2 0 obj indicates that they had possibly been convicted using spectral A new charter (1691) arrived from England in May 1692, along with the new governor, but as yet, the General Court had not had time to create any laws. Nevertheless, the new governor created a special court, the Court of Oyer and Terminer [to hear and determine] to deal with the witch cases. Paul Hyde George Burroughs. They knew that a witch could not recite the Lords Prayer without stumbling.
24.6 Evidence for Black Holes - Astronomy 2e | OpenStax Mike Isaac, a technology correspondent for The New York Times. In the 1990s, however, scientists published research challenging these claims. In this singularly lopsided system, the prosecutor could cross-examine the accused or anyone who came to his or her defense. The charter of the colony had . Thecommission that created this courtsaid that the judges were to act according to the law and custom of England and of this their Majesties Province. But this ignored the difference between the laws of England and the old laws of New England. [46], Concurrent with the trials in Salem, spectral evidence was also used in a trial in colonial Rhode Island where Thomas Cornell, Jr., son of Thomas Cornell, was convicted of matricide in the death of his mother, Rebecca.[47]. Downloada printablePDF of this article.
Spectroscopy and Forensics - Konica Minolta Sensing Cotton Mather was not among the ministers who signed Increase Mather's book approvingly. by the instigation of the witch at Endor appeared in the likeness of endobj It turns out they were rightit just wasnt the one they were after. Investigators thought that such evidence signaled the presence of an accelerant and therefore established arson as the cause. This demon took the form of denial of counsel, rank hearsay, character assassination, and an unblinking confidence in what everybody knows. The New Testament tells us that when the devil failed to tempt Jesus, he went awaybut planned to return at an opportune time. Our responsibility, as litigators, prosecutors, defense counsel, and judges, is to prevent that time from being our own.
Spectral Evidence and the Salem Witch Trials endobj <> This focus on character made a perverse kind of sense. Cotton Mather defended the court's methods in his book, The Wonders of the Invisible World (which began circulating in manuscript form in October, but was not published until the following year). Salem Witch Trials: A Legal Bibliography. University of Chicago Library News, 29 Oct. 2012, news.lib.uchicago.edu/blog/2012/10/29/the-salem-witch-trials-a-legal-bibliography-for-halloween/Witchcraft Law Up to the Salem Witchcraft Trials of 1692. Massachusetts Law Updates, blog.mass.gov/masslawlib/civil-procedure/witchcraft-law-up-to-the-salem-witchraft-trials-of-1692/Ask the Archivist. Salem Witch Trials Documentary Archive and Transcription Project, salem.lib.virginia.edu/archivist.html. To understand why, we need to remember that trials do not occur in a vacuum and that no trial purports to build up a universe of realities from nothing, like an act of divine creation. 23 0 obj 163: Two Letters of Gov. Most Americans understand the reference, even if they know few of the historical details. On today's episode. Transcript Author Jessica Holmes View bio Instructor Patricia Chappine View bio Learn about the use of spectral evidence in the Salem witch trials.
Do we still use spectral evidence today? - Answers endobj It then discusses the impact the debate had over the use of spectral evidence.
Solar Irradiance | NASA But it gets worse, and in two ways. Some of the ejected gas in the wind will then flow close enough to the black hole to be captured by it into the disk ( Figure 24.16 ). They knew that witches could change shape, could transport themselves through the air, and could appear in spectral form to their targets. Rev. Spectral Terminer due to his dissatisfaction with some types of evidence used Spectral Evidence has been used throughout the history of humanity. allowed in a trial. Permit me to start with some historical context, because that does a great deal of work here.
But the matter is still incredible: first, because it is but their saying the devil told them so; if he did so tell them, yet the verity of the thing still remains unproved, because the devil was a liar and a murderer (John VIII, 44), and may tell these lies to murder an innocent person (New England Magazine 33). The confessions that came before were from people with no agency whatsoever, like little . court in protest and Phips pointed out that Stoughton had been eager The lack of a visible mark on the body of the accused might mean that the devil had helped conceal it or that the witch had allowed the nipple to dry up to avoid detection. [2] However, spectral evidence was rarely used to secure a conviction, as theologians were unable to agree that the Devil could not take on the shape of an innocent person. Instead, they were revised and supplemented with additional text as the proceedings unfolded. In The Crucible, Abigail demonstrates how the power of suggestion and spectral evidence limited Mary Warren's rights as the defendant and manifested an unjust effect.For example, one girl admits they pretend to grow cold and faint. When he returned, the accusations, official investigations, and jailings in Salem Village and nearby were well underway. On 2.
How the Salem Witch Trials Influenced the American Legal System [45], A new court convened in January 1693, to consider the remaining cases; this time, the use of spectral evidence was firmly limited.
Spectral Evidence: the Photography of Trauma - Jstor It's time to renew your membership and keep access to free CLE, valuable publications and more. The witch hunt in Germany sometimes saw more than 100 accused witches executed in a single day. Still, by linking trauma to photography on a structural level, reconsidering historical time, and eschewing a melancholic re-sponse, Baer does produce a compelling revision of the possible pro- Once again, caution was advised:[30]. Yet They affirm'd, That they saw the Ghosts of several departed Persons, who at their appearing, did instigate them, to discover such as (they said) were Instruments to hasten their Deaths; threatening sorely to afflict them, if they did not make it known to the Magistrates. <> During the trials, the accuser would give testimony that an accused witch's spirit (specter) appeared to the witness in a dream or vision. RainoldeAnd that evil angels have sometimes appeared in the Spectral evidence is evidence-based on visions and dreams of the actions of a witch's spirit or specter. What happened after witch hunts got out of hand?
What is Spectral Evidence? - History of Massachusetts Blog Today, we believe that a fair and just trial depends on a falsification principle: With respect to each sides narrative, there must exist (at least in theory) a narrative that would contradict it. The EUV irradiance is absorbed by the atmosphere at altitudes above 100 km. A federal judge in Louisiana on Tuesday restricted the Biden administration from communicating with social media platforms about broad swaths of content online, a ruling that could curtail efforts . The evidentiary presentation at the Salem trials usually started with a reading of the depositions made by the various witnesses against the accused. persons, which happened in his timeNevertheless, it is evident In May 1692, a Court of Oyer and Terminer was established to try these cases. When the court suspected a witch they immediately sent out a warrant for their arrest. a reason to allow spectral evidence, according to Cotton Mather, in Phips had risen from poverty to become, in turns, a shepherd, a ships carpenter, a sea captain, and finally a successful fortune hunter who achieved immense wealth. Dialogue Between S & B by P.E. In this regard, it is sobering to note that the version of the hearsay doctrine that currently appears in the Federal Rules of Evidence is subject to more than 30 exceptions and exclusions, including a catchall exception with ominous potential that is thankfully unrealized.
The Sunday Read: 'The Spy Who Called Me' - The New York Times The proceedings usually began with a plea from the accused, with the expectation that a defendant who claimed innocence would also openly acknowledge the courts authority to adjudicate the mattera sort of admission of jurisdiction. Increase Mather, co-minister in Boston with his son Cotton Mather, had been in England, attempting to persuade the king to appoint a new governor. <> witness in a dream or vision and afflicted them. So-called "spectral evidence", in which a victim testifies to experiencing an attack by a witch in spirit form, invisible to everyone else, was not accepted as evidence. Three of them (Chief Judge William Stoughton, Judge John Richards, and Judge Wait Winthrop) enjoyed close friendships with the clergyman Cotton Mather, one of the prime movers behind the witch hunt, and attended his church. tral evidence, so the killings continued until Cotton's father read his em-phatic essay to the ministers on October 3. Forensic sciences involves the study of evidence for criminal investigations. the prophet SamuelBut that is was a demon represent Samuel has legal consequences of it but the religious ones: This then I declare and testify, that to take away the life of any one, merely because a spectre or devil, in a bewitched or possessed person does accuse them, will bring the guilt of the innocent blood on the land, where such a thing shall be done: Mercy forbid that it should, (and I trust that as it has not it never will be so) in New-England (Mather 255). Figure 24.16 Binary Black Hole.
Spectral Evidence in the Salem Witch Trials <>11]/P 19 0 R/Pg 33 0 R/S/Link>> to convict the accused from the very beginning, according to Phips 7. [41] Against the argument that God would not allow the Devil to impose upon innocent people in this way, Increase brought forward the example of Job, and insisted that God's ways are inscrutable. In Those statutes largely treated witchcraft as just another crime and viewed as relatively incidental the question of whether the accused had accomplished it via arson, poison, or a curse. When, in May of 1692, William Phips, the newly appointed governor of the Massachusetts Bay Province, returned from England, he found the fragmented political and judicial systems overwhelmed by accusations of witchcraft and the colonys jails overflowing with suspects. Judge Samuel Sewell persisted in the work, but years later wrote an impassioned confession of his error. He argued that innocent people were charged. [14] When pressed to name their assailants, they accused Sarah Good, Sarah Osborne, and the slave Tituba,[15] crying out "that they or specters in their shapes did grievously torment them".[16]. It was even suggested that a more critical approach to spectral testimonies might give "some remarkable affronts" to the devils responsible for them, and "put a period" to the troubles at Salem. [30] As a result, the overall message was equivocal. his book Wonders of the Invisible World: Now, one of the latest printed accounts about a Tryal of Witches, is of what was before him, and it ran on this wise.
What is Spectral Evidence? - The History Junkie a new charter in 1691, according to the Massachusetts Trial Court Law endobj During the pre-trial hearings, various other types of evidence had been brought against the accused including evidence of "ordinary witchcrafts" (i.e. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Still, most practicing litigators probably know very little about the Salem witch trials. The alleged victims were reported to be suffering from fits, lameness, and temporary speech loss, and were often said to have been seen coughing up pins. Cotton Mather, engraving by an unknown artist. [40] Mather also cited the precedent of previous trials, including the Bury St Edmunds case.
Abigail Williams: Spectral Evidence In The Crucible When any man is indited [sic] for murthering [sic] the person of A.B. And so on and so on. writhing, shaking, and crying out in pain when the people came in contact with invisible spirits sent by the accused. The Salem trials also inspire a peculiar fascination: Perhaps no other site of deadly mass hysteria has become a major tourist destination. Cotton Mather's book was likely seen by the author as a counterbalance to his father's book, not in actual opposition.
Witchcraft law up to the Salem witchcraft trials of 1692 10 Modern Forensic Technologies Used Today - Forensics Colleges Very good, and thats the Devil, turned informer: how are good men like to fare, against whom he hath a particular malice. (Willard 280). Even today, we sometimes view statements written outside of court as trustworthy because they were prepared during or shortly after the events in question, before memories had a chance to fade and distortions had a chance to set in.
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