The trial, as Sir Walter says, in his dedication to the Bannatyne
Club, 'involves a curious point of evidence,' a piece of 'spectral
evidence' as Cotton Mather calls it. In another dedication (for
there are two) Scott addresses Sir Samuel Shepherd, remarking that
the tract deals with 'perhaps the only subject of legal inquiry
which has escaped being investigated by his skill, and illustrated
by his genius'. That point is the amount of credit due to the
evidence of a ghost. In his preface Sir Walter cites the familiar
objection of a learned judge that 'the ghost must be sworn in usual
form, but in case he does not come forward, he cannot be heard, as
now proposed, through the medium' (medium indeed!) 'of a third
party'. It seems to be a rule of evidence that what a dead man said
may be received, on the report of the person with whom he
communicated. A ghost is a dead man, and yet he is deprived,
according to the learned judge's ruling, of his privilege. Scott
does not cite the similar legend in Hibernian Tales, the chap book
quoted by Thackeray in his Irish Sketch-book. In that affair, when
the judge asked the ghost to give his own evidence: 'Instantly
there came a dreadful rumbling noise into the court--"Here am I that
was murdered by the prisoner at the bar"'. The Hibernian Tales are
of no legal authority, nor can we give chapter and verse for another
well-known anecdote. A prisoner on a charge of murder was about to
escape, when the court observed him looking suspiciously over his
shoulder. 'Is there no one present,' the learned judge asked in
general, 'who can give better testimony?' 'My lord,' exclaimed the
prisoner, 'that wound he shows in his chest is twice as big as the
one I gave him.' In this anecdote, however, the prisoner was
clearly suffering from a hallucination, as the judge detected, and
we do not propose to consider cases in which phantasms bred of
remorse drove a guilty man to make confession.
Public-domain text, read in full here on John Shaqi.
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