The witnesses who appeared against him were proved to be persons of such characters as did not entitle them to much credit; a common strumpet, a woman by whom such wretches were entertained, and a man by whom they were supported. The character of Savage was by several persons of distinction asserted to be that of a modest inoffensive man, not inclined to broils, or to insolence, and who had to that time been only known by his misfortunes and his wit.
Had his audience been his judges, he had undoubtedly been acquitted; but Mr. Page, who was then upon the bench, treated him with the most brutal severity, and in summing up the evidence endeavoured to exasperate the jury against him, and misrepresent his defence. This was a provocation, and an insult, which the prisoner could not bear, and therefore Mr. Savage resolutely asserted, that his cause was not candidly explained, and began to recapitulate what he had before said; but the judge having ordered him to be silent, which Savage treated with contempt, he commanded that he should be taken by force from the bar. The jury then heard the opinion of the judge, that good characters were of no weight against positive evidence, though they might turn the scale, where it was doubtful; and that though two men attack each other, the death of either is only manslaughter; but where one is the aggressor, as in the case before them, and in pursuance of his first attack kills the other, the law supposes the action, however sudden, to be malicious. The jury determined, that Mr. Savage and Mr. Gregory were guilty of murder, and Mr. Marchant who had no sword, only manslaughter.
Mr. Savage and Mr. Gregory were conducted back to prison, where they were more closely confined, and loaded with irons of fifty pound weight. Savage had now no hopes of life but from the king's mercy, and can it be believed, that mercy his own mother endeavoured to intercept.
When Savage (as we have already observed) was first made acquainted with the story of his birth, he was so touched with tenderness for his mother, that he earnestly sought an opportunity to see her.
To prejudice the queen against him, she made use of an incident, which was omitted in the order of time, that it might be mentioned together with the purpose it was made to serve.