The rest of the evidence went very strongly against the accused, but
the jury unanimously found them 'Not Guilty'.
Scott conjectures that Macpherson knew of the murder (as indeed he
had good reason, if his non-spectral evidence is true), but that he
invented the ghost, whose commands must be obeyed, that he might
escape the prejudice entertained by the Celtic race against citizens
who do their duty. Davies, poor fellow, was a civil good-humoured
man, and dealt leniently (as evidence showed) with Highlanders who
wore the tartan. Their national costume was abolished, as we all
know, by English law, after the plaid had liberally displayed
itself, six miles south of Derby, in 1745.
So far it is plain that 'what the ghost said is not evidence,' and
may even ruin a very fair case, for there can be little doubt as to
who killed Serjeant Davies. But examples which Scott forgot, for of
course he knew them, prove that, in earlier times, a ghost's
testimony was not contemned by English law. Cases are given, with
extracts from documents, in a book so familiar to Sir Walter as
Aubrey's Miscellanies. Aubrey (b. 1626, d. 1697) was a F.R.S., and,
like several other contemporary Fellows of the Royal Society, was a
keen ghost hunter. He published {259} 'A full and true Relation of
the Examination and Confession of William Barwick, and Edward
Mangall, of two horrid murders'.
Barwick killed his wife, who was about to bear a child, near Cawood
in Yorkshire, on April 14, 1690. Barwick had intrigued with his
wife before marriage, and perhaps was 'passing weary of her love'.
On April 14, Palm Monday, he went to his brother-in-law, Thomas
Lofthouse, near York, who had married Mrs. Barwick's sister. He
informed Lofthouse that he had taken Mrs. Barwick, for her
confinement, to the house of his uncle, Harrison, in Selby. On
September 17, at York assizes, Lofthouse swore that on Easter
Tuesday (eight days after Palm Monday, namely April 22), he was
watering a quickset hedge, at mid-day, when he saw 'the apparition
in the shape of a woman walking before him'. She sat down opposite
the pool whence he drew water, he passed her as he went, and,
returning with his pail filled, saw her again. She was dandling on
her lap some white object which he had not observed before. He
emptied his pail, and, 'standing in his yard' looked for her again.
She was no longer present. She wore a brown dress and a white hood,
'such as his wife's sister usually wore, and her face looked extream
pale, her teeth in sight, no gums appearing, her visage being like
his wife's sister'.
Public-domain text, read in full here on John Shaqi.
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