The "papers" referred to by Evelyn Ashley on the second Smith tombstone are no longer deposited in the Church Chest, but can now be found at the Hampshire Record Office. The originals are still at Broadlands, the ancestral home of Lord Palmerston.
...True, the prisoner has been most properly convicted, but he cannot however forbear to entertain a hope that your Lordship will exert your influence to prevent if possible the dreadful sentence of the law being carried out into full effect.... He thinks that a letter addressed by your Lordship to Mr Justice Burrough would in all probability produce this result, and he humbly and earnestly entreats your Lordship to stretch out your hand to save him.
The appeal obviously had the desired effect and, despite his duties as Secretary at War, Lord Palmerston wrote to Mr Justice Burrough on the 8th March 1822 from his London home in Stanhope Street:
My Lord,
I understand that Charles Smith the man who shot at and wounded my gamekeeper was yesterday convicted before your Lordshi[ of the crime with which he was charged, and sentenced to suffer the punishment of Death.
The man most undoubtedly deserves the full extent of the punishment which the Law most justly affixes to the Offence which he has committed
and I am afraid that the General Character of the Man and his conduct upon the occasion and matter which brought him under the sentence of the Law,
afford no extenuating Circumstances upon which I could venture to found any application to your Lodship on his behalf;
at the same time although morally guilty of the full intention to murder, yet still by the fortunateissue of the Event he has been saved from the actual and complete perpetration of that crime,
and I therefore venture to submit for your Lordship's consideration whether it would be possible to give him the Benefit of this Providential result without defeating the ends of Public Justice;
and whether as the man who was the object of his ferocious attack has fortunately escaped without even suffering any permanent bodily disability, the apprehension, Trial, Conviction, and Condemnation of Smith to Death,
may not be sufficient, if not as a punishment to him, at least as an example and warning to others; and whether under all these circumstances your Lordship might feel yourself at liberty to commute the forfeiture of life for permanent Transportation.
Whatever your Lordship's better judgement may lead you to determine upon this matter, I am persuaged that you will at least pardon the liberty which I have taken in thus addressing you and I have the honour to remain Yr Ldp's most obedt. Humble Devot. (Signed) Palmerston
The appeal obviously fell upon deaf ears as the following response from Mr Justice Burrough at Sarum was despatched 2 days later, 10th March 1822.
Your Lordship's letter in favor of Charles Smith reached me here on my arrival yesterday. It would have afforded me the greatest pleasure could I consistently with my Duty to the Public have given your Lordship any Hope of any Interposition from me to prevent the sentence from being carried into execution.
My Rule is that where a man is convicted of a Capital Offence attended with Circumstances of Wanton Cruelty never to extend favour to the convict.
In this case the Keeper had not used the least violence to Pointer who he overtook - and the Prisoner standing within four or five yards fired wantonly at him and lodged the whole charge in his thigh. The offence of wanton and cruel conduct to a Keeper and assistants in the discharge of their Duty is become so frequent as to convince me of the Necessity of attempting at least to put a stop to it. This cannot be done but by convincing men of this Description that their only Safety will be in abstaining from such Conduct as was pursued by the Prisr. I am determined on this Acct. to let the law take its course.
I have given your Lordship the earliest Intimation of my intention. I should have been much gratified in discovering any circumstance which would have afforded any ground for yielding to your Lordship's wishes.
I am, my Lord,
Your most obedt. Devt.
James Burrough
The Long Affray, the Poaching Wars 1760-1914, Harry Hopkins, 1985
© Sandra J Smith MBE 2003