The Hammersmith Ghost: A Prank, a Shooting, and a Jury’s First Verdict

139. FRANCIS SMITH was indicted for the wilful murder of Thomas Millwood .
JOHN LOCKE sworn. – Q. Where do you live? – A. At Hammersmith.
Q. What is your profession? – A. A wine-merchant.
Q. Do you know any thing of the manner in which the deceased came by his death? – A. On the 3d of this month, at half past ten at night, I met Francis Smith ; he informed me he had shot a man, who he believed to be the pretended ghost of Hammersmith .
Q. There had been such a rumour, had there? – A. For a considerable time; I went with him, and the watchman.
Q. Did the watchman come up to you? – A. The watchman was in company with me; we went up Cross-lane.
Q. All three of you? – A. Yes, and Mr. George Stowe with us; it is a cross lane that crosses Black Lion-lane and Beaver-lane; we saw the deceased lying apparently dead; Mr. Stowe consulted what was to be done with the deceased; we sent for the high-constable, and ordered him to come down to see what was to be done.
Q. What appearance had the body of the deceased? – A. No appearance of life.
Q. Did you observe the head, or any part of the body? – A. I observed the head; it appeared to be shot on the lower part of the jaw on the left side.
Q. What did the prisoner say? – A. He seemed very much agitated; I told him what I thought of the consequence of firing; he said, he had fired, and did not know it was that person; it was an extreme dark night; the prisoner appeared very much agitated, and I advised him to go to his lodgings.
Q. Did he say any thing had passed between him and the deceased? – A. He said he had spoke to him twice, and received no answer.
Cross-examined by Mr. Const. Q. You have said there had been some talk about a ghost? – A. Yes, for some time, I suppose for five weeks previous to that.
Q. Had you, among others, ever seen the figure? – A. No, I had not.
Q. You know, I believe, however unfortunate it has turned out, that almost all the young men had gone out? – A. Yes, several parties had gone out.
Q. Which was publicly known and talked of? – A. Yes.
Q. The dress of the phantom had also been described? – A. Yes, and corresponding very much with the dress of the deceased.
Q. What was that dress? – A. Linen twowsers entirely white, washed very clean, a waistcoat of flannel, apparently new, very white, and an apron, which he wore round him; his trowsers came down almost to the edge of his shoes.
Q. What was he? – A. A bricklayer , I am informed, I did not know him.
Court. Q. What was reputed to be the appearance of the mischievous person? – A. In white sometimes, and sometimes in the skin of a beast; a calf skin, or something of that sort.
Mr. Const. Q. From the communication of the prisoner, you knew of the unfortunate accident? – A. Yes.
Q. You observed he was in great trepidation? – A. Yes, wonderfully so; so much so, that he could hardly speak.
Q. Do you recollect whether, in the disclosure, he told you of the conduct of the deceased, and what he did? – A. He said he advanced to him, and irritated his fears, or something of that sort.
Q. That he called twice, and the figure advanced to him, and raised his fears more? – A. Yes, and which was the case certainly.
Q. This lane is described as a very dark lane? – A. Yes, very dark.
Q. And it was a very dark night? – A. Yes.
Q. I understand the lane is inclosed between two hedges? – A. Yes, and if it was a light night, it would be dark in the lane, though it is not wider than from me to you, (about four yards,) you could not perceive any body on the other side of it.
Q. The prisoner, I understand, is in the Excise? – A. He is.
Q. You have known him some time? – A. I have; he lives just by me.
Q. Did he surrender himself afterwards? – A. Directly; I advised him to go to his lodgings; he went, and afterwards when they called to him, he came down directly, but he wished to surrender himself in the first instance; he said first, I wish you would take me into custody, or send for somebody.
Q. What is his disposition? – A. A very mild one.
Q. And a man of humanity? – A. Yes.
Q. Generally esteemed? – A. I don’t know any one that has any reason to say any thing against him; he is generally liked.
– GIRDLER sworn. – Q. You are a watchman at Hammersmith? – A. Yes.
Q. You went with Mr. Locke on the 3d of this month? – A. Yes.
Q. Tell me what you observed with respect to the deceased? – A. I saw him laying upon his back in the lane.
Q. In what condition was he? – A. Laying on his back quite straight.
Q. What did you observe with regard to his person – did he appear to be alive or dead? – A. He was quite dead.
Q. Did you observe any wound about him? – A. No farther than in the jaw.
Q. What sort of wound? – A. Just on the left side; it appeared as if it was done by the shot.
Q. Tell me every thing you heard and saw? – A. I was called by Mrs. Honor at the White Hart, and Mr. Smith came up there, after he had shot the man.
Q. Was that the occasion of your going to the place where the man was shot? – A. Yes.
Q. What did he say or do? – A. We met Mr. Locke and Mr. Stowe at the corner of Black Lion-lane; I went down with Mr. Smith.
Q. What did Smith say to you when he came there? – A. He said he had hurt the man; I said, I hope you have not hurt him much; says he, I have, and I fear very bad.
Q. You, and Mr. Locke, and Mr. Stowe, went to the deceased? – A. Mr. Smith and I went first, and Mr. Locke and Mr. Stowe came up immediately after.
Q. Did Smith desire you to go? – A. Yes.
Q. What passed when you came to the place where the deceased lay? – A. Nothing passed then.
Q. Did the prisoner say any thing? – A. I don’t remember his saying any thing farther about it.
Q. What did you do when you got there? – A. Carried him to the Black Lion.
Q. Had you any meeting with the prisoner in Beaver-lane that night, or any night before? – A. I met him at the corner of Beaver-lane that night, and he said he was going to search after the ghost.
Q. What time was it you met him there? – A. About half past ten; I said, I would come round after I had cried the hour, and search the lanes, and we would take him if possible; we agreed, if we met in the lane, to say who comes there? Friend. Advance, friend.
Q. What did you do? – A. I went upon my own business.
Q. Did you hear the gun fired? – A. Yes, just before I came to Black Lion-lane.
Q. What did you do on hearing the report? – A. I did not take any notice of it, because I hear them every quarter of an hour, almost all night.
Q. Do you mean you hear guns fire frequently in the night-time? – A. Yes.
Q. What did you do then? – A. We took the body to the Black Lion.
Q. Did you meet any young woman as you were going to the White Hart? – A. No.
Q. You said before the Justice that you did? – A. Mrs. Honor’s maid came with a candle, and called me, and said, I was wanted to go along with Mr. Smith.
Q. Did you see the prisoner with a gun in his hand any time that evening? – A. He had a gun in his hand when I met him at the corner of Beaver-lane.
Q. When you came to the body of the deceased, did you see a gun there? – A. No.
Q. Did he say any thing about delivering himself up? – A. He told Mr. Locke and Mr. Stowe he would deliver himself up immediately.
Cross-examined by Mr. Gurney. Q. When he told you he was going to look after the ghost, were you armed? – A. I had a pistol with me, as I always have.
Q. Was it dark? – A. It was very dark.
Q. Had you heard the rumour of the appearance of a ghost? – A. Yes, I had seen it myself the Thursday before.
Q. What day did this accident happen? – A. On Tuesday.
Q. What appearance had it when you saw it? – A. It had a white sheet or table-cloth, I cannot say which.
Q. How near to Beaver-lane? – A. It was the other side of the lane.
Q. Near Beaver-lane? – A. Yes, just opposite the four-mile stone.
Q. Did you pursue it? – A. Yes.
Q. When you pursued it, how did it escape? – A. Slipped the sheet or table-cloth off, and then got it over his head; it was just as if his head was in a bag.
Q. How long had the neighbourhood been alarmed with its appearance? – A. About six weeks or two months.
Q. Was the alarm great and general? – A. Yes, very great.
Q. Had considerable mischief happened from it? A. Many people were very much frightened.
Q. Do you know of any mischief that happened to any woman by it? – A. I have heard tell of it, but I don’t know it.
Q. There was a rumour of mischief having occurred from it? – A. Yes.
Q. Have you known the prisoner for sometime? – A. Yes.
Q. What character has he borne? – A. Always a very good-tempered young man.
Q. Nothing like a man of a cruel disposition? – A. No.
ANN MILLWOOD sworn. – Q. With whom do you live? – A. With my father and mother, in Black Lion-lane.
Q. The deceased was your brother, I believe? – A. Yes.
Q. Be so good as tell the Jury what you know relating to this melancholy affair? – A. Between ten
and eleven o’clock, my brother came to my father’s house; he had been to see for his wife, who was at Mr. Smith’s, the Out-riders; my mother and I were just going to bed when he came in; he said, mother, are you going to bed? I made answer, yes, Thomas, is your wife come home? he said, no, she will not be at home for half an hour; I said, will you come in, and I will sit with you? he came in, and I sat with him; we talked a considerable time, till my mother fell asleep; while my brother was sitting, I heard the watchman crying past eleven o’clock, as I thought; I told my brother, your time is expired, you had better go; he did not attend to me, but set for a considerable time; I said, you had better go, it is dangerous for your wife to come home by herself; he jumped up, and said, I will go; he bid my mother and me good night, and went out of the door, and shut it. As soon as he was gone, I jumped up, and went to the door; as soon as I got to the door, I heard a voice say, d – n you, who are you, and what are you, d – n you, I will shoot you? and whilst they were speaking, the gun went off, and I saw the flash of fire from the gun; I went from the door, and called Thomas, as loud as I could, three or four times, but nobody answered. I went into my mother, and said, I do think my brother is shot; I did not stay for an answer, but went up to my father, who was in bed, and said, do get up, for my brother is shot; he would not believe me, and then I went into a room adjoining, and awakened a young man; he would not believe me neither; I went to the window, and called Thomas, as loud as I could call. At last I said, well, if nobody will believe me, I will go myself; I ran out of the door, and when I had got half way from my father’s house to my brother’s, I saw my brother laying dead at the gate; I took hold of his right hand, and said, speak to me, but he could not, for he was quite dead; his head was laying towards me, as I went up to him.
Q. Who was there at the time? – A. Nobody, I was by myself, I saw nobody; when I saw my brother, I don’t know whether I went home directly, or not, but I run to Mrs. Wells afterwards, if I did.
Cross-examined by Mr. Const. Q. You saw the prisoner afterwards with Mr. Locke? – A. Yes; when I came back from Mrs. Wells, I saw Mr. Locke, Mr. Gilbert, Mr. Stowe, and Mr. Smith, with my brother; that was as I was coming back from Mr. Wells’s, where I went.
Q. Had they a lantern? – A. I don’t know, I believe they had.
Q. You say your brother shut the door after him? – A. Yes.
Q. You did not go out exactly at the same time? – A. I got up directly out of my chair, and got upon some bricks adjoining the door; I heard the words spoke.
Q. When you were out of the door? – A. Yes, and when I was upon the bricks before the door.
Q. The dress he had on, was a bricklayer’s dress? – A. Yes, his working dress.
Q. You must have heard of this ghost? – A. Yes, I heard great talk of it, that sometimes it appeared in a white sheet, and sometimes in a calf-skin dress, with horns on its head, and glass eyes.
Q. Did it ever occur to you to mention any thing to your brother about his dress? – A. I often spoke to my brother, and asked him, if he saw it, should he be afraid, and he said, yes.
Q. As he was dressed in white, did it happen that you cautioned him about going in that dress? – A. No, I never did, because I never had any such thought of him.
Q. I only mean, as to his being in danger? – A. No.
Q. I don’t mean to have it supposed your brother was guilty of it, but as every body was out to take the ghost, did you mention his being in white to him? – A. I did not know it.
Q. You never had any conversation about it? – A. I heard that some people had seen it, but I don’t know any thing of it.
Q. Had Smith and your brother any animosity against each other? – A. I don’t know, it is impossible for me to know.
– FLOWER sworn. – Q. Did you examine the body of the deceased? – A. Yes; I saw the body the day after the accident, and examined it on the 6th, by order of Mr. Hodgson; it had a gunshot wound on the left side of the lower jaw with small shot, about the size No. 4, one of which had penetrated the virtebre of the neck, and injured the spinal marrow, which has a communication to the brain; I examined the brain, but there was no injury whatever to the brain itself.
Q. What is your opinion with regard to this wound having been the cause of his death? – A. I have no doubt that it was the cause of it; it is what we call necessarily, a mortal wound.
Q. What appearance was there of this having been given by a gun-shot, besides the spinal marrow being touched? – A. It had broke the jaw, and the face was black.
Cross-examined by Mr. Gurney. Q. Did you know any thing of Smith before? – A. I did not; but the character I have heard of him is very good, far from being a vindictive man; on the contrary, a very mild man.
– BROOKS sworn. – On Tuesday, the 3d of January, just before ten o’clock, I took the body of the deceased to the Black Lion; Mr. Stone told me, I must go along with him, and Millwood,
the father; going up a lane, they said, we are going to take the man that shot the other; we went up to the door, and knocked; upon which, Smith looked out of the window, and came down immediately, and surrendered himself; I had him two days and nights in my custody.
Prisoner’s defence. My Lord, I went out with a good intention, and when this unhappy affair took place, I did not know what I did; speaking to the deceased twice, and he not answering, I was so much agitated, I did not know what I did; I solemnly declare my innocence, and that I had no intention to take away the life of the unfortunate deceased, or any other man whatever.
Evidence for the Prisoner.
Mrs. FULBROOKE sworn. – Examined by Mr. Const. Q. Are you related by marriage to the deceased? – A. Yes.
Q. Have you heard any conversation at Hammersmith about the ghost? – A. Yes.
Q. In consequence of what you heard about it, did you ever say any thing to the deceased about the dress he wore? – A. On Saturday evening, he and I were at home, for he lived with me; he said he had frightened two ladies and a gentleman who were coming along the terrace in a carriage, for that the man said, he dared to say there goes the ghost; that he said he was no more a ghost than he was, and asked him, using a bad word, did he want a punch of the head; I begged of him to change his dress; Thomas, says I, as there is a piece of work about the ghost, and your cloaths look white, pray do put on your great coat, that you may not run any danger; I don’t know what answer he made; he said he wished the ghost was catched, or something of that sort.
THOMAS GROOM sworn. – Examined by Mr. Gurney. Q. Are you servant to Mr. Burgess, a brewer, at Hammersmith? – A. Yes.
Q. Have you heard any thing of this appearance of a ghost? – A. Yes, I heard great talk of it.
Q. Was it your misfortune to be hurt by it? – A. Yes; I was going through the church yard between eight and nine o’clock, with my jacket under my arm, and my hands in my pocket, when some person came from behind a tomb-stone, which there are four square in the yard, behind me, and caught me fast by the throat with both hands, and held me fast; my fellow-servant, who was going on before, hearing me scuffling, asked what was the matter; then, whatever it was, gave me a twist round, and I saw nothing; I gave a bit of a push out with my fist, and felt something soft, like a great coat.
The prisoner called twelve witnesses, who gave him a good character.
The Jury retired for about three quarters of an hour, when they returned a verdict of Manslaughter. The Lord Chief Baron informed them, that according to law, he could not take that verdict, as they were not at liberty to find it; that they must either find the prisoner guilty, or not guilty, generally, there being no circumstance in the case that could reduce it to manslaughter. If they could say, upon their oaths, they did not give credit to the witnesses for the prosecution, then they might find the prisoner not guilty; if they could not say so, then they must convict him, and the prerogative of shewing mercy lay in the Crown.
The Jury immediately pronounced the prisoner
GUILTY , Death , aged 29.
First Middlesex Jury, before the Lord Chief Baron.

• The Old Bailey proceedings record Francis Smith charged with the wilful murder of Thomas Millwood; testimony places the shooting in Hammersmith on 3 January 1804. (fact).
• John Locke testified that Smith told him he had shot a man he believed to be the pretended ghost; Locke described Smith as extremely agitated. (contemporary_report).
• The trial describes Millwood as a bricklayer wearing white linen trousers, a flannel waistcoat and an apron: his working clothes. (contemporary_report).
• Watchman Girdler testified that Smith was carrying a gun and that he later heard a shot; Girdler also described pursuing an earlier figure in a white covering. (contemporary_report).
• Ann Millwood testified that her brother visited their parents, then left for home; she heard a challenge and a shot, went looking, and found him dead by a gate. (contemporary_report).
• Mrs. Fulbrooke testified that Millwood had previously been mistaken for a ghost and that she warned him to wear a greatcoat; Ann denied having given him such a warning herself. (contemporary_report).
• Thomas Groom testified that someone grabbed his throat near a tombstone, but said he saw nothing and described something soft like a greatcoat. (contemporary_report).
• The trial records an initial manslaughter verdict, the chief baron directing the jury to return murder or acquittal, a subsequent guilty verdict and a death sentence. (fact).
• Witness clock times and the two accounts of jury deliberation duration do not agree; the trial also leaves alleged earlier apparitions unresolved. (unknown_disputed).
• Kirby’s Hammersmith account says Millwood was going to fetch his wife from work at a house in the neighborhood; Ann’s trial testimony places her at Mr.Smith the out-rider’s, without naming her occupation. (contemporary_report).

THE HAMMERSMITH GHOSTS.
Being ini authentic and particular Account of that mysterious and complicated
Affair ivhiph has excited so much Curiosity and Conversation $ the Characters
y

and Appeafajicjes of the supposed Spectre, the Cbcmnstances that led to the
DeathofTHOMAS MILLWOOD j the Trial of his Murderer> 8$c. fyd
HAMMERSMITH, it appears, has been disturbed for some
months past, b y more than one supposed spectre, to the
great annoyance of the male and female inhabitants.—la
t h e c h u r c h y a r d , and several of the avenues about the
place, it seems that various persons had been very much
alarmed, b y what they understood to have been super­
natural beings, which had of course filled the minds. of
numbers with a variety of apprehensions ; and these, a p ^
pearances latterly became particularly troublesome in the
lower p a r t o£the town, near DorveliVrow. Several of the
inhabitants, aware of the imposture, during this time, ha$
given themselves much trouble to detect it, but without
success.—But on the night of Tuesday, January 3 , Francis
Smith, an exciseman, who lodged at M r . . Oakley’s ad^
* The poor youth of Ednam, having a poition of this gift, has published
some very pretty verses, and in commiseration of his ease,, some well-disposed
persons have lately opened a subscription for his benefit. ‘ ‘
VOL. I L K joining

joining the W h i t e H a r t , in H a m m e r s m i t h ; being at that
house on the same evening, an$ we may suppose^ warm
over his liquor, wrought himself u p to the resolution of
going in quest of the ghost.—Unhappily supposing some­
thing more substantial than a mere airy form, he loaded a
g u n , and sallied out with William Girdler, the watchman
of that part of Hammersmith, who had previously agreed
upon a pass-word’, whereby they might distinguish „ each
u n
other, which w a s — ” W h o comes there ?” A friend.
” Advance, friend.” Girdler then continued upon his r e ­
gular beat, while Smith, that evening, went down Black
Lion-lane. T h e circumstances that immediately followed,
r
w e cannot exhibit in a clearer point of view, than t h a t of
the ensuing evidence given before the Coroner, and upon
the trial. It, appeared before the Coroner, that Smith
took his station m Black Lion-lane, one of the places where
the ghost used to make his escape when hard pressed b y
his pursuers. H e had not long been in waiting before he
fancied he saw the wishechfor object. A figure dressed in
white (that is, Thomas IVIillwood, the plaisterer, in a white
jacket and trowsers) approaching, Smith fired, and the
mistaken object fell to the ground. Millwood was then on
his way to a house in the neighbourhood, where his wife
was at work, to fetch her home, which his sister also r e ­
lates upon the trial:—She said her brother was about 23
years of age^ and was a plaisterer b y trade. O n the even­
ing of Tuesday last, he was at the house of his father, in
Black Lion-lane, with whom the witness resides. H e left
the house between ten and eleven o’clock, and the witness
being almost immediately struck with a presentiment that
some accident would befal him, she accordingly went to
the door, and stood on some bricks, in order to look out
c
for him. She then heard a voice say, * D — n y o u , who
are you ?—Stand, else I’ll shoot you !” and the report of
a gun immediately succeeded. H e r brother was perfectly
sober*

sober. T h e neighbourhood had for about two months been
disturbed with the report of a g h o s t ; but she did noi b e ­
lieve, nor had ever heard, that her brother had assumed
such an appearance.
Mr. J o h n Lock, wine merchant, in Black Lion-lane, H a m ­
mersmith, said, that as he was returning home from the Plough
and Harrow, on the evening of Tuesday last, about half past
10 o’clock, in company with Mi*. Geo. Stow, he was accosted
b y Francis Smith, one of his Majesty’s officers of excise,
who asked to speak with him. U p o n going aside, Smith
informed him that h e had shot a inan, who he believed to
be the ghost. T h e witness informed Mr. Stow of the cir­
cumstance, and t h e y . accompanied Smith to the place.
T h e y found the deceased lying in a cross lane leading from
Beaver-lane to Black Lion-lane, upon his baqk, apparently
dead. . T h e wound was under his left under j a w , and the
skin of his face was exceedingly black. Smith did not a p ­
pear sensible that he had done any thing wrong, till the
witness warned him of the consequences of such a step.- H e
then seemed m u c h affected, and said, that he had spoken
twice, but had received no answer, and that the night wa§
very dark,
William Girdler, a watchman, said, that he had a slight
acquaintance with the deceased. T h a t the neighbourhood
had been much alarmed for two months past, with the r u ­
mour of, a ghost walking through Black Lion-lane. T h a t
h e went his rounds as usual on Tuesday evening last. T h a t
h e had appointed to meet with Francis Smith, in Order to g o
in search of the ghost. T h e y had exchanged a watch­
word, which they were to use.—When the witness came
near Mr. Stow’s house he heard the report of a g u n , and a
few minutes afterwards, as he was going to the W h i t e H a r t
public-house, he met a young woman, who told him that
h e was wanted. Having gone on a little way, he met
Smith, and asked him what intelligence ? Smith answered,
K 2 very

v e r y bad. T h e y then met Mr. Stow, and w e n t to the place
w h e r e the deceased lay. Smith said that he would deliver
himself u p ; that he had spoken to the deceased twice be*
fore he fired, but he would give him no answer.
T h e Coroner summed tip the evidence with great ability
and h u m a n i t y ; when the J u r y , after some deliberation,
returned a verdict of Wilful Murder. A warrant was then
made out, and Smith committed to N e w g a t e .
. O n Friday, J a n . 13, he took his trial at the Old Bailey,
being charged with Wilful Murder.”
T h e first witness called, was Mr. John Lock, who added
very little to what he had said before the Coroner, excepting
that he consulted Mr. $tow, who was with him, going to a
cross lane,-called Lime-Kiln-lane, what was best to be done
with the b 6 d y . T h e y sent for the high constable of t h e
parish, and it was agreed to remove the body t o the Black
Lion public-house. It.was evident, upon examining the d e ­
ceased, that the head was shot just below the lower j a w on
the left side.—The prisoner, then he said, wished to surren-*
der himself into the hands of justice ; but the witness ad*
vised him to go home to his lodgings,
M r . Lock, on his cross-examination b y Mr. Const, Counsel
for the prisoner, said^ that the neighbourhood of Hammer­
smith had been much alarmed for upwards of five weeks
previous to the death of Millwood, by means of a supposed
ghost. H e had, however, never seen any such appearance,
b u t believed parties went out for, the purpose of appre^
bending the person who was assuming the character.—*
T h e night was extremely dark, and the lane in which the
unfortunate affair occurred, so much so, that a person could
not be perceived on the opposite side of it. T h e witness
said that he had known the prisoner some time ; his dispo­
sition was exceedingly mild and generous, and he was
very much liked in the neighbourhood.
William Girdler, the watchman, corroborated the account
given

given b y Mr. Lock, as to the manner in which t h e de-P
ceased was found, and stated that the prisoner and himself
parted about half past ten o’clock. J u s t after they parted,
he heard the report of a g u n , but did not attend to it, having
been in the habit of hearing guns frequently fired in t h §
night. After he had gone his rounds, he went t o M&y
Horner’s, t h e W h i t e H a r t public-house, where t h e servant
girl came out to him, and said that Smith wanted him, who
told him that he had hurt a m a n ; the witness said h e
hoped not much. Smith replied, that he was afraid h e ha*$
h u r t him very bad,
O n his cross-examination b y Mr, G u r n e y , Counsel for
t h e prisoner, he said, he heard of t h e rumour of a ghost,
and had seen it himself on the Thursday preceding the a c ­
r
cident. It w as standing on t h e opposite side of the road near
t o Beaver-lane, and was covered either with a large sheet*
or tablecloth, H e pursued it, and the figure fulled off t h e
covering and ran away. T h e prisoner he described as a good-
tempered young man, certainly not of 3, cruel disposition.
A n n Millwood, a very genteel y o u n g woman, sister of
the deceased, stated, that her brother was at her father’s
house about eleven o’clock on Tuesday evening, the 3 d of
J a n u a r y . His wife was absent from home, having gone t a
Mr, Smith, t h e out-rider ; her motherland the family were
going to bed, and she requested that he would go and fetch
home his wife. H e was going to bed himself, but at their
intreaties got u p and left the house for that purpose. She
then repeated the same circumstances which were detailed
before the Coroner.
Mr. Flower, surgeon, stated, that he examined the body
of the deceased, b y order of the Coroner, on the 6 t h of
January, H e found & gun-shot wound on the left side of
the face, just below the under j a w . T h e r e were some
small shot lodged in his neck, the size appeared about
N o . 4 , the shot penetrated the vertebra of the neck and
injured

injured t h e spinal marrow. T h i s , no doubt, in his mind*
liad occasioned his death. T h e deceased’s face was e x ­
ceedingly black, and was so in consequence of the powder
^ h i q h had lodged in it. This gentleman also gave Smith
a good character, and said his disposition was far from
being vindictive. ,
William Brooks, the constable, stated his apprehension
of Smith at his lodgings, who had voluntarily come down
when he knocked at the door, and surrendered himself-—
| I e also b o r e testimony to his good character 5 and here t h e
evidence for the prosecution closed.
T h e Lord Chief Baron then informed the prisoner, that
h e might oifer any thing he had in his defence to the
charge.,
T h e prisoner saying he left his defence to his Counsel;
T h e Lord Chief Baron informed him, that his Counsel
could only examine the witnesses, and that if he wished to,
say any thing, he must address the Court himself.
T h e prisoner then, in extreme agitation, said, that when
h e went out from home, it was with a very good intention;
intention of finding out the person who had alarmed t h e
neighbourhood, by assuming a supernatural appearance ;
that meeting with the deceased, and having called to him
twice,, and not receiving an answer,, he was very much
frightened, and knew not what he did. H e must most
solemnly declare his innocence with respect to any inten­
tion of taking away the life of the unfortunate m a n , or any*
m a n whatsoever.
His Counsel then proceeded to call the witnesses on his
behalf > the first,
Mrs. Fullbrook, a relation of the deceased, stated, she
resided in t h e same house with him \ and on Saturday p r e ­
ceding his death, being at home together, he informed her,
that t w o ladies and a gentleman, on account of t h e dress
h e wore, had been frightened at him on the T e r r a c e , —
One

c
O n e of them cried as h e came near, * T h e r e goes t h e
g h o s t ! ” T o which he replied, using a b a d oath, ” I a m
n o more a ghost than yourself; do you want a p u n c h o* the
h e a d ?” O n this account she had advised him t o p u t on a
great coat to screen himself from danger ; b u t h e would
n o t attend to the suggestions of the witness, observing there
was no danger.
T h o m a s Groom, servant to M r , Bargess, a brewer a t
Hammersmith, stated, that he heard a great talk about t h e
g h o s t ; that one night he was pissing through t h e church­
y a r d , when some person caught b i m fast b y t h e thcm%
a n d on his calling out for assistance t o his fellow servant;,
who was a short distance from h i m , t h e latter turned back,
b u t they could not see any t h i n g .
M r . George Stow, Mr. Hill, Mr. I t u l t , M r . Beswell,
M r . Dowding, and several other very respectable persons,
were called; they all concurred i n giving him t h e best
characters.
M r . Millwood, cousin to the deceased, spoke in t h e same
terms of the prisoner, and said t h a t they had n o quarrel
with each other as far as he knew.
T h e Lord Chief Baron then charged the J u r y . T h e
prisoner, he observed, stood indicted for t h e murder of
T h o m a s Millwood, b y shooting him with a g u n , so as t o
bruise his head, injure the spinal marrow of his back., a n d
p r o d u c e instant death. I t would be necessary for h i m t o
state, that although to constitute t h e crime of m u r d e r , i t
was generally requisite that malice jpropense should b e
p r o v e d , y e t it was n o t absolutely so in all cases. T h e law
did not of necessity imply* that where a person m e t with his
death from t h e hands of another, that malice, o r w h a t was
called in vulgar speaking, spite, should be proved. The dis-
position of a person?$ mind to kill was sufficient, in ffietye tif
the law to adjudge Mm guilty of murder. F o r instance, i f
4*ne person should have taken i t into Iris l e a d t o lire i n t o

*i2 ?HE HAMMERSMITH £#om*
the very hall in which the Court was sitting, and kill £ttf
one in the Court, then he would be guilty pi murder. So^
in another case, if a person should shoot at one man and kill
another, he would b e equally guilty. T h e law would con­
sider his disposition of mind, which was evidently to kill*
without having legal authority, just provocation, in self-*
defence, or in the absence of his reasoning faculty. T h e r e
yrere grounds of mitigation which would serve to lessen t h e
crime. His Lordship professed, that he could not, in t h e
case now before the Court for its consideration, distinguish
a n y one of these features of alleviation or mitigation;
therefore, if the prisoner at the bar, had taken away the
life of another, without authority, permission, or in d e ­
fence of his own life, then his offence went to murder.™
If it was not so, no one person could be safe. It would b e
in the power of any one to say, such and such a one has
committed some offence which I think deserves death, ancL
I will go and dispatch him. It would, indeed, be grievous
if such proceedings were to be tolerated—because some
wicked and malicious person, taking advantage of the cre­
dulity which belonged to a great portion of mankind, had
committed a misdemeanour, in going about in an impious
manner, assuming the appearance of a supernatural agent,
was another person to s a y , ” I will go and deliberately
shoot that man -who frightens the peaceable neighbour-*
h o o d . ” Certainly not. All that he could be authorised to
d o , would be to apprehend him for that misdemeanour.—
Even if the very person appearing in this maimer as a
ghost had been killed, sugh killing was,murder. B u t here
a man thought he had a right to go and kill any person h e
saw in a light coloured coat. This was actually the case
with the prisoner at t h e bar. H e went out with a loaded
g u n , intending to kill, contrary to law, and killed a m a n
‘who was perfectly innocent. ” Gentlemen,” continued
44
his Lordship, I should be betraying my duty as a J u d g e ,
, and

&hd acting contrary to the opinion of m y Brother J u d g e s
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 milling less than murder. In this case there was no a c ­
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.—OHe went and thought
himself entitled to kill that person ; and with a degree of
rashness, which the law would never allow, he killed another
person. T h e crime would admit of alleviation or excuse,
and might be denominated manslaughter, if some of these
cases which he had before enumerated had occurred, naniely*
such as authority from the law, or self-defence. W i t h
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; b u t what had
been the consequence $ the death of an innocent and u n ­
offending person. All the J u r y 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 ease 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 d u t y , 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.”
T h e J u r y retired for upwards of one hour, and on. their
return delivered a Verdict of—Guilty of Manslaughter.
T h e Lord Chief Baron informed them, that the Court
could not receive such a verdict, and they were bound b y
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 ir they discredited the witnesses,
they would acquit the prisoner. T h e law he had clearly
%
Vox. II. L laid

laid down, and b y t h a t they must abide. It was not for
them to assume the K i n g ‘ s prerogative, and mitigate the
punishment.
Mr. Justice Rooke was of the same opinion ; and
Mr. Justice Lawrence enlarged upon the arguments of
the Chief Baron, saying the prisoner could have no right
to destroy Millwood. It was in evidence that the sister of
t h e deceased heard the prisoner call out to her brother t o
stop, or h e would shoot him, and immediately the gun was
discharged. T h e law laid down, that in cases of felony,
where a person stands charged as a felon, and proper per­
sons are sent to apprehend him, and he escapes, after
being in custody, and runs away, and the party from
r
w hom he escapes .shoots and kills him, that person is
deemed, in the eye of the law, guilty of murder. Mr.
Justice Forster has laid it down, that if a person trips
another’s heels, and he thereby meets his death, then such
person is guilty of manslaughter; but if h e uses a deadly
weapon, then he is guilty of murder. In this case it was
evident that the gun was discharged so near that the g u n ­
powder blackened the unfortunate man’s face. T h e J u r y
were to recollect the oaths they had taken, and administer
that justice which the safety of society demanded.
T h e Recorder perfectly agreed in the doctrines laid
down b y the other Learned J u d g e s , and desired the J u r y
to reconsider their verdict, who, turning round in their
b o x , almost instantly pronounced the prisoner Guilty of
1
Murder. y

T h e Lord Chief Baron told the J u r y , that he should r e ­
port the case immediately to his Majesty.
T h e Recorder thought the J u r y had very properly found
him guilty. T h e law of GOB, which ought to be written
in the hearts of all men, had declared, ” T h a t whosoever
sheddeth human blood, b y man shall his blood be s h e d . ” ^
H e then passed the usual sentence.
The

T h e prisoner stated his age to be 29. H e was dressed
in black, and conducted himself throughout the trial with
decent firmness. During the time he remained at the bar,
his countenance did not appear to express much agitation,
until the J u r y left the box. U p o n the return of the J u r y ,
h e appeared still more agitated; and particularly so, when
h e was pronounced guilty of murder. While the awful
sentence was passing upon him b y the Recorder, he s u p ­
ported himself with difficulty, and was led out of the Dock
b y Mr. Kirby’s assistant, overwhelmed with the horrors of
his situation. M r . D i g n u m , of D r u r y Lane T h e a t r e , sat
b y him, and was extremely affected ;Jhe wept, clasped his
hands together, and suffered the greatest agitation. Seve­
ral of his relations were also present, and apparently in
great distress. . T h e Sessions House was crowded in every
part by nine o’clock, and the Yard was filled with an
anxious multitude, all making inquiry, and interested in
the fate of the prisoner.—He was as usual taken back to
N e w g a t e ; b u t at seven in the evening, a respite arrived
for him, till his Majesty’s pleasure should be known.
W i t h respect to the fate of this unfortunate man, though
we do not pretend to state our opinion against that of t h e
J u r y , the sentiments of the majority of the people, u n r e ­
servedly ascribe the respite of Smith, to the possible p r e ­
sumption in the breast of the J u d g e , that the J u r y , after
having returned a verdict of manslaughter against the p r i ­
soner, should have declared him riot guilty of m u r d e r ,
when they reconsidered the verdict.—And if the J u r y were
out an hour and twenty minutes in the first instance, when
they returned the verdict of manslaughter, the few minutes
they occupied the second time, when they brought in that
of wilful murder, must, to common apprehensions, appear
rather too short. However, having given in our preced­
ing pages, a faithful detail of this important trial and sin­
gular verdicts, we now proceed to a retrospective history
I* 2 of

of the circumstances some months preceding this cata*
strophe, containing the particulars of the persons engaged
in the imposition, and an impartial description of these dis­
turbers of the public peace.
So far back as October last, it is well known, that the
first rumours of a ghost were in circulation in the neigh­
bourhood, near the c h u r c h ; which is thus accounted for ;
I t Was then reported, that a ntad woman was in the
habit of disturbing the neighbours, b y perambulating the
church-yard and other walks/ in strange and uncouth
dresses, which, after a little time, was discovered b y Mr.
M o o d y , of the Six Bells, who-well knew his face, to be
nothing more than a youth belonging to Mr. Kilberton, a
neighbouring butcher, who, by way of frolic, and to plague
t?he maid his fellow-servant, had dressed himself in her
clothes, in which he frequently appeared in the church­
y a r d and other places. Being reprimanded b y Mr. Moody
and others, and the ill consequences which might attend it,
pointed out, he desisted from the practice altogether.—
Notwithstanding, another supposed phantom soon sprung
t i p , and was seen all in white, at various places. This
ghost also was so clever and nimble in its retreats, that
they could never be traced, till one evening, when one
Jkazier, a chimney sweeper, going through t h e lower
part of Church-iane, and the night being very dark, he
was in his turn alarmed at the appearance of this supposed
s p e c t r e ; and as he related the story the next morning, it
seems he stood still some moments before he durst proceed.
However, having a stick in his hand, he extended it at
arm’s length, and advancing towards a tree, against which
h e saw the object, he was induced to exclaim—Ghost! or
whatever you may b e , pray be civil.—But as he still con-*
tinued advancing with a slow pace, instead of penetrating
a body of thin air, he found his stick in contact with the
clothes of a female, who proved to be a !V{is$ Q T T – T – , a
UU
. J9 S .

yoking lady of Hammersmith, with her companion. After
this second discovery, nothing of the kind was seen or
heard of in this quarter, excepting what has been re­
lated b y Thomas Groorn, a servant to Messrs. Burgess
and W i n t e r , brewers.—He, a stout able m a n , asserted for
a truth, -what he related upon the trial, of being nearly
choaked b y the rude caresses of one of the phantoms
which he met in the church-yard.-wHe did not keep his
b e d , as it is reported in the newspapers, b u t he was seve^
ral d a y s before he got the better of the fright,
A a old proverb says, T h e third time generally pays
for all Accordingly, the next disturber of the peace*
m a d e its appearance not in the church-yard, b u t lower
down, towards Beaver, Black Lion, and Plough and H a r ­
row Lanes, which served it as a retreat when pursued, from
the high road. A drummer belonging, to the Chiswick
Vo}unteers, an inhabitant of Hammersmith, and a ratr
catcher by his profession, was one of the first that was
panic-struck by this new speptre.—The next was a clerk
to Mr. Cromwell the b r e w e r , who thought he saw a super­
natural appearance about five o’clock one morning an
Plough and Harrow-lane, and was considerably alarmed.
The pretended spectre, on Thursday the 29th of D e c e m ­
ber, made a more public appearance ; for as Girdler, the
watchman, came out of the house of Mrs. Samuel, N o . 2 ,
?
Queen s-place, adjoining Beaver-lane, an apprentice b o j
belonging to Graham the shoemaker, ran across the road
towards him, dreadfully frightened, at what he supposed to
be a ghost! In consequence of this, the watchman looking
towards the opposite side of the road, on the left hand of
the p u m p , ^vas witness to an object all in white. Ap~
1
proaching^ the spot where it stood, he observed some per­
son divest himself of a sheet or tablecloth, he could not dis­
tinguish which, wrap it up under^his coat, and-run away.
Being

Being dark, this person was soon out of sight.—Girdler
followed, b u t saw nothing.—He therefore went to t h e
W h i t e H a r t , and inquired if any strange person was just
come in there.-—While Girdler was going by, the p r e ­
tended ghost, it is supposed, hid himself behind Mr. Hill’s
h o u s e ; b u t leaving the spot in Girdler^s absence, he was
seen b y some of Mr. Hill’s family, who observed a corner
of the cloth hanging below his coat.
W h i l e he stood near the p u m p , he was also, seen by a
Mrs. Steward, and her servant, at N o . 4 , Teresa Terrace,
who were much alarmed, till it was generally known, next
d a y , that the pretended ghost was an impostor. This last
appearance caused m u c h discussion ; and as it was a
species of imposition that had then been p u t in practice
three times successively, with very short intervals, it may
b e admitted, as a very powerful incentive to that provoca­
tion, which Smith, as well as others, may be supposed to
have felt on the occasion; and which, no doubt, prompted
him to the commission of that rash act, which terminated
In the death of an inoifensive m a n , totally unconnected
with any impostor whatever.
A day or two after Smith was committed to prison, one
J o h n Graham, a shoemaker, who resides in Dorvelfs-row, t o
his shame, confessed that h e was the person, who, in the
last instance, on the 29 th of December, had dressed him­
self in a sheet, as he said* to terrify his apprentice, who
had been in the habit of scratching the walls of the house,
and otherwise teazing his master’s children upon the sub*
j e c t of ghosts and apparitions.
A y o u n g woman, named Sarah Francis, servant to Mrs,
Brookes, of Westcroft-place, being at Graham’s house,
he j u d g e d i t to b e a • good opportunity to p u t his plan in
execution. Sending t h e boy home with her, with an in­
tent t o meet him as h e came back, in his supernatural
x

capacity;

c a p a c i t y ; he dressed himself in the meanwhile for t h a t
purpose, and waited for the apprentice, in the manner re­
presented b y our Engraving.—But this opportunity would
hot have occurred to him, had not the one armed postman,
who lodged in Graham’s house, been than in bed ; as he
generally had the office of seeing this young woman home
when she happened to come that way.—But though Gra­
ham has acknowledged this to be his first offence, his
mind must, upon reflection, be considerably hurt, at what
has lately occurred.
This Mr. Graham, it is to be noticed, was known as a
serious person, a constant attendant, and one of the first
singers in Trinity Chapel, and’ always bore an excellent
character before.—We have since heard a rumour that he
means to leave his house ; and some circumstances having
transpired, have increased the dislike the foregoing affair
has naturally occasioned.
Among others, we are told, that a few days after the ex­
hibition at the p u m p , Graham meeting Girdler, he said in
a jeering tone,. ” W e r e not you very much frightened the
t {
other night ?” T o which the other replied, No—he was
not—but whoever the ghost was, he will go to hell, die
when he w i l l ; ” and immediately left Graham to enjoy
his own feelings.-—But possibly, Mr. Graham might think
the pains he took, and his singing at the funeral of poor
Millwood, would be some reparation for the folly in which
he had been so deeply implicated. T h e report that a lady
of Brooke Green, had also died in consequence of the a p ­
pearance of a spectre, we are happy to find is totally un­
founded ; she having received her fright from a person in
a state of intoxication. And the report of a figure dressed
in a skin with horns, together with that of cutting the traces
of the Hammersmith coachman’s horses, have no foundation
in f a c t ; but owe their rise to newspaper fabrication.
WONDER-

• Kirby’s account reports that shoemaker John Graham confessed to dressing in a sheet on 29 December to frighten his apprentice. (contemporary_report).
• Kirby’s account describes more than one supposed spectre and rejects reports of a woman dying of fright and a horned skin-clad ghost as unfounded. (contemporary_report).
• Witness clock times and the two accounts of jury deliberation duration do not agree; the trial also leaves alleged earlier apparitions unresolved. (unknown_disputed).
• Kirby’s Hammersmith account says Millwood was going to fetch his wife from work at a house in the neighborhood; Ann’s trial testimony places her at Mr.Smith the out-rider’s, without naming her occupation. (contemporary_report).

Life archive obpt18040111-79-defend810 links six records. It indexes trial and death sentence on 11 January 1804, sentence respited 2 February 1804, and remission of prison sentence 12 July 1804. The latter two derive from capt18040111-79_389. Underlying register images have not been inspected; these are indexed outcomes, not proof of exact release date or a full year served.

• The Digital Panopticon indexes Smith’s sentence as respited on 2 February 1804 and remission of his prison sentence on 12 July 1804. (contemporary_report).

Museum description: local parishes employed watchmen to patrol streets at night and keep order before the Metropolitan Police was created in1829. Object93.213 is from Holborn, not Hammersmith.

• Before London’s Metropolitan Police began in1829, local parishes employed watchmen to patrol at night and keep order. (fact).

Historical overview: night watch patrolled specified streets, examined suspicious persons and brought offenders to a watchhouse. Most London watchmen salaried by1800; parish arrangements varied.

• London’s night watch patrolled streets, questioned suspicious persons and took apprehended offenders to watchhouses; local arrangements varied. (fact).

Overview: judges, parties and lawyers cross-examined; judge summed up and jury returned verdict. Trial juries were male/property-qualified. Defence counsel could not address jury fully until1836.

• Late eighteenth-century Old Bailey procedure gave judges an active role in questioning and summing up; the jury returned the verdict, and jurors were men meeting property qualifications. (fact).

Federal-court civic explanation: jury decides facts under principles of law explained by judge. This is a broad federal comparison, not a statement of every modern state rule or permission to direct conviction.

• In modern U.S. federal jury trials, the jury decides facts under legal principles explained by the judge. (fact).

Original1870 Act creates excise duty on licences to use guns, with specified exceptions including military/volunteer/police duty and game licence holders. It postdates1804 and does not establish that every form of gun possession/use in1804 was unregulated.

• The Gun Licence Act1870 introduced a gun-use excise licensing measure decades after the1804 shooting; it must not be applied retroactively to Smith’s night. (fact).

Contemporary debate records concern that Stafford volunteers lacked firelocks, and Secretary Yorke said orders had been given to provide volunteer arms, with maritime counties prioritized. National context, no identification of Girdler’s particular gunshots.

• In December1803 Parliament was discussing provision of firearms to volunteer corps; this is national military context, not an explanation of the specific shots Girdler heard. (contemporary_report).

Museum describes reported1716–1717 knocking disturbances in the Wesley family’s rectory and belief in OldJeffrey. English religious-household comparison earlier than Hammersmith; no claim Hammersmith residents shared one denomination or had read this account.

• The Wesley family’s reported1716–1717 rectory disturbances, known as OldJeffrey, provide an earlier English religious-household example of ghost belief; they do not establish the beliefs of any named Hammersmith witness. (contemporary_report).