Before Sheriff John Tait, carter John Mitchell stood accused of killing a young girl in the summer of 1862. He pleaded not guilty.

On June 25, 1862, Mitchell had been driving his horse and cart along the road between Alloa and Devonside.

Outside William Cullen’s house at New Sauchie, a little girl, 18-month-old Jean Smillie was hit by the horse and cart and fatally injured.

The case was heard on Monday, August 18, with the first witness being Elizabeth Fife.

At around 4 o’clock that June afternoon she had been in Mrs Smith’s shop in the village when she heard the carter shouting at his horse to stop.

By the time she ran out, the cart, which was loaded with coals, had stopped, and Mitchell was seen holding one of the wheels. She then saw the little girl lying in front of one.

She rushed over and picked her up. At that point, Jean was still alive, and knowing her, she took the girl to her grandmother’s house where she was staying.

The child died shortly afterwards. She told the court Mitchell was always a cautious driver and he was well respected in the village.

Jean Cullen told the court the little girl was her grand-daughter. She had seen her playing on the brae between her house and the road at around 4 o’clock.

She was heading out to bring her in when the incident occurred. She said she died five or six minutes later.

Henry Thomson, a farmer and carter, witnessed the incident. The little girl was in the middle of the road, and he cried out to Mitchell. Mitchell had seen the child and called out to his horse to stop but it was too late.

George Stein, another witness, told the court the horse stopped immediately, and Mitchell had run round the cart to the wheel.

William Paton of Alloa Colliery stated Mitchell was a sober and intelligent young man, and a very cautious driver.

The procurator fiscal argued that Mitchell had not been in his proper place with the horse, which was at its head, as required by law.

Although he was not entirely culpable, he should have been there.

Mr Ewing, Mitchell’s solicitor, stated that responsibility lay with Jean’s guardians who had allowed her to play on the road, and stated his client should be found not guilty.

The sheriff summed up.

The jury returned a verdict of guilty by majority, but recommended leniency.

In view of the evidence, Mitchell was sentenced to eight days' imprisonment.