Part 12 (2/2)

Mr. Stephen Goodyeare, Dept, Gouernor.

Francis Newman Mr. William Fowler } Magistrats Mr. William Leete /

a suit was heard ent.i.tled--

Thomas Staplies of Fairfield, plant'.

Mr Rogger Ludlow late of Fairfield, defendt.

It was brought by an aggrieved husband to recover damages for defamation of the character of his wife. It centered in one of the dramatic incidents at Knapp's execution. In the last extremity, and in the presence of immediate death, the prisoner came down from the ladder, and asking to speak with Ludlow alone, told him that Goodwife Staplies was a witch.

Some time afterward Ludlow, at New Haven, told the Rev. John Davenport and his wife the story, in confidence, and under the promise of secrecy, but it spread abroad with inevitable accretions, and when it reached Fairfield Thomas Staplies went to law, to vindicate his wife's character in pounds, s.h.i.+llings, and pence. These are some of the statements and remarkable testimonies:

_Attorney Banke's declaration--Ensigne Bryan's answer--Davenport's view of an oath, Hebrews vi,16--His account and conscientious scruples--Mistress Davenport's forgetfulness--”A tract of lying”--”Indian G.o.ds”--Luce Pell and Hester Ward's visit to the prison--The ”search” of Knapp--”Witches teates”--Feminine resemblances--Matronly opinions--Post-mortem evidence-- Contradictions--Knapp's ordeal--”Fished wthall in private”--Her denials-- Talk on the road to the ”gallowes”_

”John Bankes, atturny for Thomas Staplies, declared, that Mr. Ludlow had defamed Thomas Staplies wife, in reporting to Mr. Dauenport and Mris.

Dauenport that she had laid herselfe vnder a new suspition of being a witch, that she had caused Knapps wife to be new searched after she was hanged, and when she saw the teates, said if they were the markes of a witch, then she was one, or she had such markes; secondly, Mr. Ludlow said Knapps wife told him that goodwife Staplies was a witch; thirdly, that Mr. Ludlow hath slandered goodwife Staplies in saying that she made a trade of lying, or went on in a tract of lying, &c.

”Ensigne Bryan, atturny for Mr. Ludlow, desired the charge might bee proued, wch accordingly the plant' did, and first an attestation vnder Master Dauenports hand, conteyning the testimony of Master and Mistris Dauenport, was presented and read; but the defendant desired what was testified and accepted for proofe might be vpon oath, vpon wch Mr.

Dauenport gaue in as followeth, That he hoped the former attestation hee wrott and sent to the court, being compared wth Mr. Ludlowes letter, and Mr. Dauenports answer, would haue satisfyed concerning the truth of the pticulars wthout his oath, but seeing Mr. Ludlowes atturny will not be so satisfyed, and therefore the court requires his oath, and yt he lookes at an oath, in a case of necessitie, for confirmation of truth, to end strife among men, as an ordinance of G.o.d, according to Heb: 6,16, hee therevpon declares as followeth,

”That Mr. Ludlow, sitting wth him & his wife alone, and discoursing of the pa.s.sages concerning Knapps wife the witch, and her execution, said that she came downe from the ladder, (as he vnderstood it,) and desired to speake wth him alone, and told him who was the witch spoken of; and so fair as he remembers, he or his wife asked him who it was; he said she named goodwife Stapleies; Mr. Dauenport replyed that hee beleeued it was vtterly vntrue and spoken out of malice, or to that purpose; Mr.

Ludlow answered that he hoped better of her, but said she was a foolish woman, and then told them a further storey, how she tumbled the corpes of the witch vp & downe after her death, before sundrie women, and spake to this effect, if these be the markes of a witch I am one, or I haue such markes. Mr. Dauenport vtterly disliked the speech, not haueing heard anything from others in that pticular, either for her or against her, and supposing Mr. Ludlow spake it vpon such intelligenc as satisfyed him; and whereas Mr. Ludlow saith he required and they promised secrecy, he doth not remember that either he required or they pmised it, and he doth rather beleeue the contrary, both because he told them that some did ouerheare what the witch said to him, and either had or would spread it abroad, and because he is carefull not to make vnlawfull promises, and when he hath made a lawfull promise he is, through the help of Christ, carefull to keepe it.

”Mris. Dauenport saith, that Mr. Ludlow being at their house, and speakeing aboute the execution of Knapps wife, (he being free in his speech,) was telling seuerall pa.s.sages of her, and to the best of her remembrance said that Knapps wife came downe from the ladder to speake wth him, and told him that goodwife Staplyes was a witch, and that Mr.

Daueport replyed something on behalfe of goodwife Staplies, but the words she remembers not; and something Mr. Ludlow spake, as some did or might ouer-heare what she said to him, or words to that effect, and that she tumbled the dead body of Knapps wife vp & downe and spake words to this purpose, that if these be the markes of a witch she was one, or had such markes; and concerning any promise of secrecy she remembers not.”

”Mr. Dauenport and Mris. Dauenport affirmed ypon oath, that the testimonies before written, as they properly belong to each, is the truth, according to their best knowledg & memory.

”Mr. Dauenport desired that in takeing his oath to be thus vnderstood, that as he takes his oath to giue satisfaction to the court and Mr.

Ludlowes atturny, in the matters attested betwixt M' Ludlow & Thomas Staplies, so he lymits his oath onely to that pt and not to ye preface or conclusion, they being no pt of the attestation and so his oath not required in them.

”To the latter pt of the declaration, the plant' pduced ye proofe following,

”Goodwif Sherwood of Fairfeild affirmeth vpon oath, that vpon some debate betwixt Mr. Ludlow and goodwife Staplies, she heard M' Ludlow charge goodwif Staplies wth a tract of lying, and that in discourse she had heard him so charge her seuerall times.

”John Tompson of Fairfeild testifyeth vpon oath, that in discourse he hath heard Mr. Ludlow express himselfe more then once that goodwife Staplies went on in a tract of lying, and when goodwife Staplyes hath desired Mr. Ludlow to convince her of telling one lye, he said she need not say so, for she went on in a tract of lying.

”Goodwife Gould of Fairefeild testifyeth vpon oath, that in a debate in ye church wth Mr. Ludlow, goodwife Staplyes desired him to show her wherein she had told one lye, but Mr. Ludlow said she need not mention ptculars, for she had gon on in a tract of lying.

”Ensigne Bryan was told, he sees how the plantife hath proued his charge, to wch he might now answer; wherevpon he presented seuerall testimonies in wrighting vpon oath, taken before Mr. Wells and Mr.

Ludlow.

”May the thirteenth, 1654.

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