In 1692 a special court sitting in Salem, Massachusetts conducted a series of trials for the crime of witchcraft. All Defendants in these trials resided in Salem Village which is now known as Danvers, Massachusetts. The court held 19 trials and all 19 Defendants were found guilty and executed by hanging. One additional man was accused of witchcraft but, according to court procedure of the time, refused to enter a plea of guilty or not guilty. He was tortured by a process called “pressing” to enter a plea. He refused and died from the torture.
Witchcraft was defined as the use, practice, or exercise any invocation or conjuration of any evil and wicked spirit, or shall consult, covenant with, entertain, employ, feed, or reward any evil and wicked spirit to or for any intent or purpose; or take up any dead man, woman, or child out of his, her, or their grave, or any other place where the dead body rests, or the skin bone or any other part of any dead person, to be employed or used in any manner of Witchcraft, sorcery, charm, or enchantment; or shall use practice or exercise any witchcraft, enchantment, charm, or Sorcery, whereby any person shall be killed, destroyed, wasted, consumed, pinned, or lamed in his or her body, or any part thereof or any manner of practice, use, or exercise of witchcraft. enchantment, charm, or sorcery.
Witnesses testified to various types of “spectral evidence.” This evidence included testimony of visions and dreams. Some witnesses testified that they saw a ghostlike vision float through the air and do various things. Other testimony was that people had troubled dreams that were caused by the accused witch. While people may have had nightmares, it is also possible that they visions and dreams were made up by the witness and never happened. Evidence during the trials was often flimsy and based on superstition rather than fact. Accusations could stem from rumors, personal feuds, or even the bizarre behavior of afflicted individuals. As the alleged events were frequently visible to only one person or dreams only happened to one person, there was no ability of the defendants to refute the testimony.
This type of evidence may be contrasted with modern rules of evidence that prohibit hearsay evidence. Hearsay is a statement of fact made by a person who is not present in court which is introduced to prove the fact in the statement. Both spectral evidence and hearsay lack any indication of reliability. It is very easy for a witness to lie and testify to a spectral event or out of court statement.
In 1692, fear of witchcraft became an epidemic. Twenty people had been executed and over 200 additional people were accused of witchcraft and were waiting for trial. Mary Phelps, the wife of Governor Phelps was one of the people accused. The jails were full and still more accusations were made.
In October, 1692 Governor Phips ordered the court to stop using spectral evidence. This was followed in January 1693 when the Superior Court of Judicature in Massachusetts prohibited the use of spectral evidence in the remaining witch trials. The new court’s judges were instructed not to accept spectral evidence as proof of guilt, and most of the remaining trials resulted in acquittals.
The aftermath of the Salem witch trials left a lasting impact on the American legal system, highlighting the importance of evidence-based trials and the protection of individual rights. The change in evidence was one step in changing the rules of evidence to incorporate concepts of reliability and fairness.