IT was a letter begging forgiveness.

Languishing in a cell with a lengthy prison sentence or transportation overseas in prospect, James Hamilton could only plead for mercy from the very man he had seemingly defrauded.

Borrowing paper and pen, he wrote: “I place myself in your hands and throw myself at your mercy. If it was an enemy that was going to punish me I could have stood it, but as it was a friend who had placed confidence in me, I cannot bear it.

“I regret by my misconduct to have lost your confidence for I have never intended to have wronged you for a penny.”

The letter was signed: “A degraded sinner, James Hamilton.”

But Sir John Gardiner was not swayed.

He demanded a prosecution and the prosecution he obtained.

So at the Hampshire Summer Assizes of 1864, Hamilton was accused of embezzlement. The amount of money involved ran into hundreds of pounds but the prosecution only proceeded with three charges for simplicity.

Hamilton was the man who never had it so good.

Sir John was one of the county’s richest landowners, letting out some estates, farming the remainder and that naturally required considerable staff.

Among them was Hamilton who began work as a humble carter but impressed so that he was quickly elevated to farm bailiff.

Sir John placed such confidence in him that he was empowered to sell and buy stock as well as settle relevant financial matters with the transactions being recorded in a special accounts book.

Confident about his trustworthiness, he left his home at Roche Court, Fareham, to spend six months in London but when he returned, he began harbouring suspicions about Hamilton’s honesty and neglect of duty.

In one instance, he discovered Hamilton should have banked £350. Instead he had only remitted £100 and all in small sums.

When challenged about the deficiency, Hamilton begged for forgiveness: “I take shame on myself for what I have done and must throw myself at your mercy.”

Sir John launched an investigation, exposing several other financial irregularities.

Once again, the landowner demanded an explanation, Hamilton admitting he had made a complete mess of the accounts and taking a land agent into his confidence was advised to put in false details to cover up the losses.

With that, Hamilton left and wasn’t seen again for several weeks when he was picked up in Islington on a warrant and brought back to Hampshire for questioning. At the police station, he drafted out his letter.

But at his trial Hamilton had the great fortune to be represented by Mr Prideaux who made capital on the disparity between his wages and the money that passed through his hands.

“He only received £1 a week and a house to live in,” he told jurors in his closing speech. “On this paltry remuneration for his services and I suggest the omission of £11 (the subject of one charge) was an accident resulting from my client’s ignorance of accounting and was in no way attributal to fraudulent motives.”

The jury gave him the benefit of the doubt and acquitted him but that was not the end of the matter.

He then faced a second indictment, again of alleged embezzlement in relation to the sale of 22 sheep, 12 of which were taken away to the purchaser with the remainder staying on Sir John’s farm.

Sir John told the court there were many items in his former bailiff’s favour but there were also many heavy items left out which counted against him.

In his closing speech, the judge, Baron Martin, told jurors: “Sir John Gardiner has done his duty to the public in bringing this prosecution. If he had not instituted it, he will have done very wrong.”

A guilty verdict seemed inevitable but to everyone’s astonishment, he was acquitted.