The ghost had so much alarmed a waggoner, belonging to Mr. Russel, driving a team of eight horses, and which had sixteen passengers at the time, that the driver took to his heels, and left the waggon and horses so precipitately, that the whole were greatly endangered.
Francis Smith, the subject of this sketch, doubtless incensed at the unknown person who was in the habit of assuming this supernatural character, and thus frightening the superstitious inhabitants of the village, rashly determined on watching for, and shooting the ghost; when unfortunately he shot a poor man, named Thomas Milwood, a bricklayer, who was in a white dress, the usual habiliment of his occupation. This rash act having been judged wilful murder by the coroner’s inquest, Smith was committed to jail, and took his trial at the ensuing sessions at the Old Bailey, on the 13th January.
The evidence adduced was, that the unfortunate deceased had quitted the residence of his father and mother only five minutes before he was killed; and that, as he was passing along Black Lion-lane, the prisoner saw him and called out, “Damn you, who are you? I’ll shoot you, if you don’t speak.” No answer was returned, and the prisoner then fired and the contents of his gun struck the deceased on the jaw, and he fell down dead. The prisoner immediately went in search of assistance, but it was found to be too late, and he then surrendered himself into custody. It afterwards proved that he had agreed with a watchman to go in search of the ghost; and that his only object was to rid the neighbourhood of the visitor, who had occasioned so much mischievous alarm.
The defence set up was that no bad design actuated the prisoner in his attack upon the supposed spirit, and many witnesses were called, who proved the alarm which had been occasioned by the visits of a preternatural being.
The Lord Chief Baron, Mr. Justice Rooke, and Mr. Justice Lawrence, who were on the Bench, severally expressed their opinion, that the case proved amounted to murder; and that if a man killed another by design, without authority, but from a supposition that he ought to be killed, the offence amounted to murder. The Jury attempted to bring in a verdict of manslaughter only, but the opinion of the learned Judges being repeated they returned a general verdict of guilty, and recommended the prisoner to mercy.
The Recorder then passed sentence of death on the prisoner in the usual form; which was, that he should be executed on the following Monday, and his body given to the surgeons to be dissected.
The prisoner, who was dressed in a suit of black clothes, was twenty-nine years of age, a short but well-made man, with dark hair and eye brows; and the pallid hue of his countenance, during the whole trial, together with all the signs of contrition which he exhibited, commanded the sympathy of every spectator.
The case excited great interest, and the Court and its environs were crowded during the trial, by persons anxious to learn his fate.
The Lord Chief Baron having told the jury, after they had given their verdict, that he would immediately report the case to his Majesty, was so speedy in this humane office, that a respite during pleasure was sent to the Old Bailey before seven o’clock, and on the twenty-fifth, the prisoner received a pardon on condition of his being imprisoned during one year.
The ghost appears to have taken alarm at the consequences of his absurd trifling with the feelings of his fellow subjects, and he was not again seen.