ON WEDNESDAY 15th July, 1835, at the High Court of Justiciary in Edinburgh, John Ferguson appeared in the dock, charged with the murder of Andrew Flockhart.

On the night of 22nd April that year, the two men had been walking along the road between Tullibody and Alloa when tragedy struck.

Flockhart and Ferguson had been drinking in a public house in Tullibody and sat with two fisherwomen from Newhaven near Edinburgh. One of these women accompanied the two men as they made their way towards Alloa.

The pair seemed to be on good terms as they walked behind the fisherwoman, and the first indication she had that something was wrong was when she heard Flockhart exclaim ‘Oh Jock, the steel’s through my heart.’

She stopped and turned round. She saw both men lying on the road with Ferguson supporting the dying man in his arms.

Both had been walking along the footpath and it was her impression that they had fallen onto the road from the path.

Another witness to take the stand told the court that when he was making his way along the road after the event, he found a bundle of fleshers tools wrapped up in an apron where the incident had taken place.

The steel was partly protruding from the rest of the tools. It was his impression that Flockhart had fallen onto the implement, and it was this that had penetrated his chest.

It was his view it had been an accident and not premediated murder.

The dead man was carried back to Tullibody and a doctor was sent for but there was nothing the surgeon could do. Throughout this time, the anxious Ferguson attended Flockhart with kindness until he succumbed to his injuries.

The prosecution case was led by Mr Shae Stewart, and he addressed the jury.

He said that the medical evidence corresponded with the wound inflicted on Flockhart and stated that Ferguson, in his view, was innocent.

He felt he had to press that home to the jury, and the judge agreed with him. The moral evidence was in favour of the prisoner and the evidence from Professor Syme, which could leave no doubt in the minds of the jury, had concluded that it had indeed been a tragic accident.

Once all the evidence had been heard, the jury retired then returned the unanimous verdict of not guilty.

The Lord Justice Clerk John Hope told him that he left the court without any slur on his good character.

Ferguson left the court a free man.