DOI Page / Citation link:
https://doi.org/10.11588/diglit.70303#0091
THE HAMMERSMITH GHOSTS. 73
and acting contrary to the opinion of my Brother Judges
near me, if I did not tell you that this act of the prisoner’s,
provided you believe the facts given in evidence, amounts
to nothing less than murder. In this case there was no ac-
cident ; there was no sudden or violent provocation ; nor
was there any attempt made on the part of the prisoner to
apprehend the supposed ghost.—He went and thought
himself entitled to kill that person ; and with a degree of
rashness, which the law would never allows he killed another
person. The crime would admit of alleviation or excuse,
and might be denominated manslaughter, if some of these
cases which he had before enumerated had occurred, namely,
such as authority from the law, or self-defence. With
what view the prisoner fired he knew not, but certainly it
was with a great deal of rashness. In his defence he had im-
puted his conduct to. apprehension and fear, but what had
been the consequence, the death of an innocent and un-
offending person. All the Jury had to consider in the case,
■was the veracity of the witnesses, if they believed them, they
would find the prisoner guilty. Whatever else might be
drawn from the case was fit for a higher tribunal. His
Lordship then recapitulated the evidence for the prosecution
and the prisoner, and observed, that the character which
had been given of him would be of no avail here, however
painful, they must do their duty, and in conformity to the
sacred oath which they had taken, give a verdict according
to the facts laid before them, under sanction of the law.”
The Jury retired for upwards of one hour, and on their
return delivered a Verdict of—Guilty of Manslaughter.
The Lord Chief Baron informed them, that the Court
could not receive such a verdict, and they were bound by
the solemn obligation which they had taken, to decide ac-
cording to the facts. If they believed the evidence, their
verdict must be guilty; or it they discredited the witnesses,
they would acgu.it the prisoner. The law he had clearly
Vol. II. L laid
and acting contrary to the opinion of my Brother Judges
near me, if I did not tell you that this act of the prisoner’s,
provided you believe the facts given in evidence, amounts
to nothing less than murder. In this case there was no ac-
cident ; there was no sudden or violent provocation ; nor
was there any attempt made on the part of the prisoner to
apprehend the supposed ghost.—He went and thought
himself entitled to kill that person ; and with a degree of
rashness, which the law would never allows he killed another
person. The crime would admit of alleviation or excuse,
and might be denominated manslaughter, if some of these
cases which he had before enumerated had occurred, namely,
such as authority from the law, or self-defence. With
what view the prisoner fired he knew not, but certainly it
was with a great deal of rashness. In his defence he had im-
puted his conduct to. apprehension and fear, but what had
been the consequence, the death of an innocent and un-
offending person. All the Jury had to consider in the case,
■was the veracity of the witnesses, if they believed them, they
would find the prisoner guilty. Whatever else might be
drawn from the case was fit for a higher tribunal. His
Lordship then recapitulated the evidence for the prosecution
and the prisoner, and observed, that the character which
had been given of him would be of no avail here, however
painful, they must do their duty, and in conformity to the
sacred oath which they had taken, give a verdict according
to the facts laid before them, under sanction of the law.”
The Jury retired for upwards of one hour, and on their
return delivered a Verdict of—Guilty of Manslaughter.
The Lord Chief Baron informed them, that the Court
could not receive such a verdict, and they were bound by
the solemn obligation which they had taken, to decide ac-
cording to the facts. If they believed the evidence, their
verdict must be guilty; or it they discredited the witnesses,
they would acgu.it the prisoner. The law he had clearly
Vol. II. L laid