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Hoax and Hindsight

Category

Famous Trials

Famous trials, and the court procedures behind them such as ordeals and pleas, told as history: the charge, the procedure, the arguments and what followed, rebuilt from the surviving court records. History, not legal commentary.

5 cases on file, the lead case first

Term used in this category: courtroom folklore

Galileo before the Council, painted by Friedrich Karl Hausmann in the 1860s: Galileo in black among seated cardinals

Trials

Galileo Trial: No ‘Eppur Si Muove’ in the 1633 Record

Galileo’s 1633 sentence found him vehemently suspected of heresy. Eppur si muove is not in it; the earliest printing found, per Mario Livio, is from 1757.

Picture credit

"Hamburg, Kunsthalle, Friedrich Karl Hausmann, Galilei vor dem Konzil" by Dguendel — https://commons.wikimedia.org/wiki/File:Hamburg,_Kunsthalle,_Friedrich_Karl_Hausmann,_Galilei_vor_dem_Konzil.jpg — CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/); modified: cropped to the painted surface, removing a strip of the gilt frame along the top (16 px) and left (18 px) edges, re-encoded as JPEG

Trial of George Jacobs, 1692, as imagined in T. H. Matteson's 1855 painting, from a Detroit Publishing Co. postcard

Trials

Salem Witch Trials: 3 of 52 Convicted in 1693, Phips Wrote

Salem witch trials: 19 hanged in 1692; in 1693, by the governor's count, all but 3 of 52 tried were cleared. What spectral evidence was and what changed.

Picture credit

"Trial of George Jacobs for Witchcraft, Salem, Mass" by T. H. Matteson; postcard by Detroit Publishing Co. — https://commons.wikimedia.org/wiki/File:Trial_of_George_Jacobs_for_Witchcraft,_Salem,_Mass_(NYPL_b12647398-75594).tiff — Public domain (painting of 1855 by T. H. Matteson (1813–1884) reproduced on a Detroit Publishing Co. postcard (series 13270, published after 1898 and before 1931): public domain in the US (published before 1931) and in the EU (painter dead since 1884; the postcard is an anonymous company publication more than 70 years old); New York Public Library scan, PD-scan); modified: cropped to the printed picture, removing the postcard's white margin and the printed caption and publisher's copyright line along the lower edge, converted from TIFF to JPEG

John R. Neal and John T. Scopes standing side by side outside a building, Bain News Service photograph, July 1925

Trials

Scopes Monkey Trial: The Defense Asked for a Guilty Verdict

The Scopes monkey trial ended in a guilty verdict on July 21, 1925, after the defense asked for it to reach a higher court; the judge set the $100 fine.

Picture credit

"Dr. John R. Neal, John T. Scopes" by Bain News Service — https://commons.wikimedia.org/wiki/File:Dr._John_R._Neal,_John_T._Scopes_LCCN2014718360.jpg — Public domain (news-agency photograph by the Bain News Service, no named photographer; the negative is marked 7/10/25 (July 10, 1925). US: public domain on the ground that Bain distributed its photographs to newspapers when they were taken, which counts as publication, and this was before 1931. Risk: whether this negative was actually distributed in 1925 has not been checked; if it was never published, an anonymous unpublished US work of 1925 is protected until 120 years after creation (end of 2045). EU: anonymous work, 70 years from first making available (or, if never made available, from creation), long expired. Library of Congress Prints and Photographs, George Grantham Bain Collection, ggbain.38214, 'No known restrictions on publication' (a lead, not the basis))

Twelfth-century drawing: a bound man lowered from a boat into water while a priest holds a book

Trials

Trial by Ordeal: Most Várad Cases With a Result Were Cleared

In the Várad register, dated 1208–1235 by its 1903 editors, 131 of 209 hot-iron cases with a written result end with everyone cleared, by this site’s count.

Picture credit

"Wasserprobe (ordeal by water), drawing in the Rituale of Lambach Abbey" by Unknown author — https://commons.wikimedia.org/wiki/File:Wasserprobe.jpg — Public domain (medieval drawing (the Commons file page dates it to the 12th century, author unknown): public domain in the US and the EU, where every term ran out centuries ago; the image is a faithful photographic reproduction of a two-dimensional public-domain work, which adds no new copyright in the US (PD-Art) or in the EU (Directive (EU) 2019/790, Art. 14). The reproduction was photographed from a plate in Peter Dinzelbacher, Das fremde Mittelalter (Essen: Magnus, 2006).); modified: cropped to the drawing (x 60-1361, y 0-712 of the 1,361 x 1,599 original), removing the Latin text below it and a pencil folio mark at the top left, re-encoded as JPEG

Howard Pyle painting: a young woman held before seated judges while accusers point at her from a bench

Trials

Giles Corey: ‘More Weight’ Is Absent From Sewall and Calef

Giles Corey’s “More weight!” is not in Sewall’s or Calef’s account; the earliest printings found are verse of 1866 and 1867. How peine forte et dure worked.

Picture credit

"There is a flock of yellow birds around her head (Brandywine River Museum of Art, 2007.9)" by Howard Pyle — https://commons.wikimedia.org/wiki/File:There_is_a_flock_of_yellow_birds_around_her_head.jpg — Public domain (Painting by Howard Pyle (1853-1911, per the Commons creator record), printed in Mary E. Wilkins, Giles Corey, Yeoman: A Play (New York: Harper & Brothers, 1893), facing p. 46, under the same title (list of illustrations read in the University of Toronto scan, Internet Archive gilescoreyyeoman00freeuoft): public domain in the US (published 1893, before 1931) and in the EU (author dead since 1911, more than 70 years). The image is a faithful photographic reproduction of a two-dimensional public-domain work, which adds no new copyright in the US (PD-Art) or in the EU (Directive (EU) 2019/790, Art. 14); marked Public Domain Mark 1.0 on Commons. The museum's own terms were not read.)