Smith pointed his gun at the gamekeeper and fired, wounding Snelgrove in the thigh. Smith escaped and was at liberty for a year before being caught, in the meantime Snelgrove had made a complete recovery, but the charge was 'Attempted Murder' a capital offence, and Smith was duly hanged at Winchester Prison in 1822 and buried in St. John's churchyard. Where he has the unique distinction of having two tombstones erected in his memory, the first (on the left) thought to be at the instigation of William Cobbet of 'Rural Rides' fame, highlighting the oppression of the poor and the violent perverting of justice, and thought to reflect poorly on Lord Palmerston.
In 1907 a second tombstone was erected which gave a different slant to the story. It was erected by Colonel Evelyn Ashley the then owner of Broadlands, who had come upon papers of Lord Palmerston which showed he had at the time in fact appealed for clemency to both the presiding judge and to Sir Robert Peel the Home Secretary.