Friday, January 27, 2023

 John Smith - Salisbury

Map of Collingbourne Ducis: https://www.francisfrith.com/collingbourne-ducis


The defence of insanity is incredibly difficult to plead, John Smith is one of those defendants who tried to use the defence in order to avoid the death penalty for the murder of Eleanor Lawrence.

Eleanor Lawrence was 34 year old, she lived in Collingbourne Ducis in Wiltshire with her friend Mary Annett. According to Annett, she last saw Eleanor when she went to the fields to give the workmen some lunch. Lawrence then went back to Collingbourne after an hour and a half, Annett made her way back home. She then found Eleanor on the road blood, with several wounds to her head and face. Apparently inflicted by a stone or a sharp object. Lawrence was insensible and Annett reports that after two days, Eleanor succumbed to her injuries and passed away. The only evidence that was present was that there was a jacket lying near the body. 

The perpetrator of this crime was John Smith, he was a blacksmith who was out of work at the time. He was last seen at Luggershall which was a mile and a half from where Eleanor's body was found. Smith was seen at another blacksmith's house asking for work, and reportedly looked well. 

Smith then went to the house of the Rev. Mr Hadon in Eversleigh where he again asked for work. After Hadon said that he had no work to give him, Smith threw two stones at Hadon which was aimed for the head, fortunately for Mr Hadon it only hit him on the arm. Hadon also reported that Smith looked very out of breath and excitable. After Smith left the house, Hadon ran after him trying to get him into custody, but Smith responded by throwing more stones. 

Smith's weapon of choice: https://back2back.org/2016/04/throwing-stones/


This commotion resulted in other villagers trying to help Hadon subdue Smith, one asked if Smith was not ashamed for throwing stones at a man nearly killing them. Smith responded by saying "I do not care if I had, for I had murdered one person this morning already. I did not care what I did, for I am tired of life." He was then asked where he had killed the person and he said "You will soon know". When he was taken to gaol, he had said that he had thrown a rock at Lawrence and then kicked repeatedly in the head. 

Smith was tried for the assault on Mr Hadon and was sentenced to be transported for seven years. But was also charged with the murder of Eleanor Lawrence. He was tried at Collingbourne in front of Lord Denmen, the prosecutors were Mr Slade and Mr Hadow, the counsel for the defence was Mr Challanor Smith. The defence as stated earlier tried to use the plea of insanity to suggest that at the time of the incident Smith had no sense of right and wrong. 

However, Lord Denmen threw the defence out by arguing that it was rashness that made defendants use the defence to excuse their worst passions. He said that he was not aware that the medical authority had more claim over a person's actions than their peers. He did not see anything that warranted a plea of insanity apart from the violence of the crime itself. Lord Denmen even argued that the surgeon attending the gaol could find no evidence of mental disease, and he had attended Smith throughout his time at the gaol. 

According to various newspapers at the time, 7000 people attended Smith's execution on the 27th March 1849. Apparently Smith ran up to the gallows and placed himself under the noose. Smith did not say a word and when the bolt was finally drawn, he struggled occasionally by severe convulsions due to the short drop. After one hour, he was cut down and buried within the confines of the prison. 

Executed by hanging: https://www.bbc.co.uk/programmes/b0105r8x



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