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diff --git a/old/65686-0.txt b/old/65686-0.txt deleted file mode 100644 index 14d0881..0000000 --- a/old/65686-0.txt +++ /dev/null @@ -1,4453 +0,0 @@ -The Project Gutenberg eBook of Henry More Smith, by Walter Bates - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: Henry More Smith - The Mysterious Stranger - -Author: Walter Bates - -Release Date: June 24, 2021 [eBook #65686] - -Language: English - -Character set encoding: UTF-8 - -Produced by: Richard Tonsing, Robin Monks, and the Online Distributed - Proofreading Team at https://www.pgdp.net (This file was - produced from images generously made available by The Internet - Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK HENRY MORE SMITH *** - -to his berth, - - - - - HENRY MORE SMITH - The Mysterious Stranger - - - By WALTER BATES, Esquire - Sheriff of Kings County - - Being an Authentic Account of the - Numerous Arrests, Remarkable Doings - and Wonderful Escapes of the Most - Noted Road Agent who ever Pestered - the Authorities of New Brunswick - -[Illustration] - - PRINTED AT THE STRATHMORE PRESS SAINT JOHN, N. B., FOR JOHN A. BOWES - PUBLISHER, NINETEEN HUNDRED AND TEN - - - - - CONTENTS. - - - CHAPTER I. - PAGE - - The “Mysterious Stranger” Arrives at Windsor, N.S.—Obtains - Employment, Professes Religion and Marries—Suspected of Theft he - Leaves Nova Scotia, Comes to St. John, Returns to Nova Scotia - and is Arrested there by the New Brunswick Authorities and - Lodged in Kingston Gaol. 9 - - - CHAPTER II. - - Examination Before Justices Pickett and Ketchum and Commitment for - Trial—Would not Join the 112th Regiment to Secure Freedom—Before - the Trial Smith was Attacked by a Strange Disease which Baffled - Physicians—Supposed to be Dying He Escapes from the Gaol. 18 - - - CHAPTER III. - - Pursued by Officers of the Law His Whereabouts are Frequently - Discovered but he Eludes his Pursuers—Commits a Number of - Thefts—Taken Before a Magistrate he Makes Satisfactory - Explanation—He Goes on His Way—The Court Convenes at Kingston - Before he is Apprehended 38 - - - CHAPTER IV. - - Smith’s Wanderings Through the Province—Leaves a Trail of - Larcenies—Arrested and Brought Before the Court at Fredericton - He Admits Escaping from Kingston Gaol and is Sent Back by Judge - Saunders—Escapes on the Way—Burglarizes the Home of the Attorney - General and is Re-arrested, and After a Month of Liberty is - Again Placed in Kingston Gaol 48 - - - CHAPTER V. - - Chained to the Floor of His Dungeon He Contrived to Cut the Chain - and Had also Sawn the Bars of the Grated Window—Makes a Second - Attempt at Escape—Breaks Chains, Padlocks and Handcuffs and an - Iron Collar About His Neck—Tries Suicide by Hanging. 61 - - - CHAPTER VI. - - Second Trial Ordered—Smith Continues to Break Chains and Relieved - Himself of Fetters Rivetted on by a Blacksmith—Reads Bible and - Makes Straw Figures—Feigns Insanity when Placed on Trial—Refused - to Plead—Found Guilty and Sentenced to Death 79 - - - CHAPTER VII. - - After Sentence Smith Assumes Indifference to His Fate—Breaks - Fastenings Again—His Marionette Family Described by Sheriff - Bates—Tells Something of His Past History—His Case Considered by - Supreme Court at Fredericton 94 - - - CHAPTER VIII. - - Smith Becomes a Fortune Teller and Startles the Gaoler—Foretells - His Own Release—Pardoned by the Court he Refuses to Leave the - Gaol which he Sets on Fire in a Mysterious Way—Finally Shipped - on a Schooner to Nova Scotia with His Marionettes. 110 - - - CHAPTER IX. - - Did Not Go to His Wife in Nova Scotia but Made a Tour Committing - Various Depredations—Is Seen in Portland, Maine—Is Heard of at - Boston and New York and Then at New Haven Where He Robbed a - Hotel—Arrest and Escape, Recapture and Conviction. 127 - - - CHAPTER X. - - Seen in the Connecticut Prison by Sheriff Bates He Denies That He - is Henry More Smith—After His Release from Prison He Robbed a - Passenger in the Boston Coach—Visits Upper Canada as a - Smuggler—Turns up a Preacher in the Southern States—Is Arrested - in Maryland for Theft—Possibly Finished His Career in Toronto 144 - - - - - BY WAY OF INTRODUCTION - - -Sometime in the month of July, 1812, nearly a hundred years ago now, a -well dressed, smooth spoken man, less than thirty years of age, made his -appearance at Windsor, Nova Scotia. He was looking for employment, but -gave those who enquired about his antecedents but little satisfaction, -further than he had recently come from England, and could do almost -anything in a mechanical way, and was familiar also with farm work. He -was engaged under the name of Frederick Henry More by a farmer named -Bond, who resided in the village of Rawden, and remained there about a -year without attracting unusual attention, except for his piety. -Elizabeth, the daughter of his employer, became enamored with the -stranger More and on March 12, 1813, they were married, much against the -will of her parents and friends. - -After his marriage More took up the occupations of pedlar and tailor, -which gave him an opportunity to travel about the country and to make -frequent excursions to Halifax, where he appears first to have turned -his remarkable talent as a thief and burglar to profitable account for -upwards of a year before he was detected. He escaped the clutches of the -law in Nova Scotia and reached St. John in July, 1814. Less fortunate in -his operations in New Brunswick than he had been in Nova Scotia, he was -arrested and lodged in Kingston gaol on July 24, 1814 on a charge of -horse stealing, which in those days was punishable by death. Here he -gave the name of Henry More Smith. Walter Bates was then Sheriff of -Kings county, and it is to him that the public is indebted for the story -of this many-sided man, who was beyond all question the most remarkable -person ever confined in a New Brunswick prison. - -Before he could be placed on trial Smith effected his escape by an -assumed illness, which deceived even the doctor in attendance. Supposed -to be dying, he was left alone for a short while, jumped from his -supposed death bed and ran from the prison, eluding his captors for -nearly two months before he was again landed in prison. On his return to -gaol he broke the chains, with which he was secured, removed an iron -collar which had been rivetted about his neck and while loaded with -chains almost escaped by sawing the iron gratings on the windows of his -cell. All these performances are vouched for by Sheriff Bates and Gaoler -Dibble, in whose custody he was, and attested by many of the most -prominent residents of Kingston a century ago. - -The marionettes he made while feigning insanity, after he had been -sentenced to death, were the wonder of hundreds who not only saw them, -but were present in his cell when he made them perform. It was not so -much the puppet show, which caused astonishment, as that the puppets -could be made by a man whose only materials at hand were the straw in -his bed and strips torn from his clothing; all made while he was -handcuffed and chained to the floor of his cell by heavy ox-chains. - -Although convicted and sentenced to death Smith was pardoned and -escorted to St. John by Sheriff Bates and placed on a schooner bound for -Windsor, his former home. This was on August 30, 1815, more than a year -after his arrest. Although he was within a few miles of the residence of -his wife it does not appear that he even visited her, but after a short -stay in Nova Scotia left the province and made his appearance in Maine. -Occasional glimpses of his life in the United States are given by -Sheriff Bates in his narrative, the most interesting of which occurred -in Connecticut, where he gave the authorities about as much trouble as -he did those of New Brunswick. During his career he was heard of at -points so widely divergent as the Southern States and Upper Canada. The -last information of him was in what is now the Province of Ontario -nearly twenty years after he had quitted Kingston, where he was still -plying his trade of theft. - -The story as told in subsequent pages by Sheriff Bates is unique in -criminal annals and is worthy of careful perusal. - - THE PUBLISHER. - - - - - HENRY MORE SMITH - - THE MYSTERIOUS STRANGER - - - - - CHAPTER I. - - The “Mysterious Stranger” Arrives at Windsor, N. S.—Obtains - Employment, Professes Religion and Marries—Suspected of Theft he - Leaves Nova Scotia, Comes to St. John, Returns to Nova Scotia and - is Arrested there by the New Brunswick Authorities and Lodged in - Kingston Jail. - - -Henry More Smith, the noted individual who forms the subject of this -narrative, made his first appearance among us in the year 1812. Previous -to this, we have no information concerning him. Some time in the month -of July, in that year, he appeared at Windsor, in Nova Scotia, looking -for employment, and pretended to have emigrated lately from England. On -being asked what his occupation was, he stated that he was a tailor; but -could turn his hand to any kind of mechanical business or country -employment. He was decently clothed, genteel in his appearance, and -prepossessing in his manner, and seemed to understand himself very well. - -Although an entire stranger, he seemed to be acquainted with every part -of the Province, but studiously avoided to enter into close intimacy -with any person, associated with few, and carefully concealed all -knowledge of the means by which he came to this country, and also of his -origin and connections, keeping his previous life and history in entire -obscurity. - -Finding no better employment he engaged in the service of Mr. Bond, a -respectable farmer in the village of Rawden, who agreed with him for a -month on trial, during which time he conducted himself with propriety -and honesty; was industrious, careful, and useful, to the entire -satisfaction of Mr. Bond, his employer, and even beyond his -expectations. He was perfectly inoffensive, gentle, and obliging; using -no intoxicating liquors, refrained from idle conversation and all -improper language, and was apparently free from every evil habit. Being -engaged for some time in working on a new road with a company of men, -whose lodging was in a camp, rather than subject himself to the pain of -their loose conversation in the camp he chose to retire to some -neighboring barn, as he pretended, to sleep in quiet, and was always -early at work in the morning; but as the sequel will discover, he was -very differently engaged. - -A ready conformity to Mr. Bond’s religious principles, who was a very -religious man of the Baptist persuasion, formed an easy yet successful -means for further ingratiating himself into the favor of Mr. Bond and -his family; his attendance on morning and evening prayers was always -marked with regularity and seriousness; and in the absence of Mr. Bond, -he would himself officiate in the most solemn and devout manner. This -well directed aim of his hypocrisy secured for him almost all he could -wish or expect from this family; he not only obtained the full -confidence of Mr. Bond himself, but gained most effectually the -affections of his favourite daughter, who was unable to conceal the -strength of her attachment to him, and formed a resolution to give her -hand to him in marriage. Application was made to Mr. Bond for his -concurrence, and, although a refusal was the consequence, yet so strong -was the attachment, and so firmly were they determined to consummate -their wishes, that neither the advice, the entreaties, nor the -remonstrances of her friends, were of any avail. She went with him from -her father’s house to Windsor, and under the name of Frederick Henry -More, he there married her on the 12th of March, 1813, her name having -been Elizabeth P. - -While he remained at Rawden, although he professed to be a tailor, he -did not pursue his business; but was chiefly engaged in farming or -country occupations. After his removal to Windsor, and his marriage to -Miss Bond, he entered on a new line of business, uniting that of the -tailor and pedlar together. In this character he made frequent visits to -Halifax, always bringing with him a quantity of goods of various -descriptions. At one time he was known to bring home a considerable sum -of money, and upon being asked how he procured it and all those articles -and goods he brought home, he replied that a friend by the name of -Wilson supplied him with anything he wanted as a tailor. It is -remarkable, however, that in all his trips to Halifax, he uniformly set -out in the forenoon and returned next morning. A certain gentleman, -speaking of him as a tailor, remarked that he could cut very well and -make up an article of clothing in a superior manner. In fact, his genius -was extraordinary, and he could execute anything well that he turned his -attention to. A young man having applied to him for a new coat, he -accordingly took his measure, and promised to bring the cloth with him -the first time he went to Halifax. Very soon after he made his journey -to Halifax, and, on his return, happening to meet with the young man, he -showed him from his portmanteau, the cloth, which was of a superior -quality, and promised to have it made up on a certain day, which he -punctually performed to the entire satisfaction of his employer, who -paid him his price and carried off the coat. - -About this time a number of unaccountable and mysterious thefts were -committed in Halifax. Articles of plate were missing from gentlemen’s -houses; silver watches and many other valuable articles were taken from -silversmith’s shops, and all done in so mysterious a manner, that no -marks of the robber’s hands were to be seen. Three volumes of late Acts -of Parliament, relating to the Court of Admiralty, were missing from the -office of Chief Justice Strange about the same time; he offered a reward -of three guineas to any person who would restore them, with an assurance -that no questions would be asked. In a few days after, Mr. More produced -the volumes, which he said he had purchased from a stranger, and -received the three guineas reward without having to answer any -enquiries. This affair laid the foundation for strong suspicions that -Mr. More must have been the individual who committed those secret and -mysterious thefts which produced so much astonishment in various -quarters; and, just at this crisis, these suspicions received not only -strong corroboration, but were decidedly confirmed by the following -fact. While the young man whom he had furnished with the new coat, as -was previously noticed, was passing through the streets of Halifax with -the coat on his back, he was arrested by a gentleman who claimed the -coat as his own, affirming that it had been stolen from him some time -since. This singular affair, which to the young man was extremely -mortifying and afflictive, threw immediate light upon all those secret -and unaccountable robberies. A special warrant was immediately issued -for the apprehension of More; however before the warrant reached Rawden, -he had made his escape, and was next heard of as travelling on -horseback, with a portmanteau well filled with articles which he offered -for sale, as he proceeded on his way by the River Philip; and early in -the month of July, 1814, he made his appearance in Saint John, New -Brunswick, by the name of Henry More Smith. He did not, however, enter -the City with his horse, but put him up, and took lodgings at the house -of one Mr. Stackhouse, who resided in a bye-place within a mile of the -City, and came into the town upon foot. He found means to become -acquainted with the officers of the 99th Regiment, who, finding him -something of a military character, and well acquainted with -horsemanship, showed him the stud of horses belonging to the regiment. -Smith, perceiving that the pair of horses which the Colonel drove in his -carriage did not match, they being of different colors, and one of them -black, observed to the Colonel, that he knew of an excellent black horse -in Cumberland, that would match his black one perfectly. The Colonel -replied, that if he were as good as his own, he would give fifty pounds -for him. Smith then proposed, that if he, the Colonel, would advance him -fifteen pounds, he would leave his own horse in pledge, and take his -passage in a sloop bound for Cumberland, and bring him the black horse. -To this the Colonel readily consented, and paid him down the fifteen -pounds. This opened the way to Smith for a most flattering speculation; -he had observed a valuable mare feeding on the marsh contiguous to the -place where he had taken his lodgings, and cast his eye upon a fine -saddle and bridle belonging to Major King, which he could put his hand -on in the night. With these facilities in view, Smith entered on his -scheme; he put himself in possession of the saddle and bridle, -determined to steal the mare he saw feeding on the marsh, ride her to -Nova Scotia, and there sell her; then steal the black horse from -Cumberland, bring him to the Colonel, receive his two hundred dollars, -and without loss of time transport himself within the boundaries of the -United States. - -This scheme, so deeply laid, and so well concerted, failed, however, of -execution, and proved the means of his future apprehension. Already in -possession of saddle and bridle, he spent most of the night in fruitless -efforts to take the mare, which was running at large in the pasture. -Abandoning this part of his plan as hopeless, and turning his -horse-stealing genius in another direction, he recollected to have seen -a fine horse feeding in a field near the highway as he passed through -the Parish of Norton, about thirty miles on, on his journey. Upon this -fresh scheme, he set off on foot, with the bridle and saddle in the form -of a pack on his back, passing along all the succeeding day in the -character of a pedlar. Night came on, and put him in possession of a -fine black horse, which he mounted and rode on in prosecution of his -design, which he looked upon now as already accomplished. But with all -the certainty of success, his object proved a failure, and that through -means which all his vigilance could neither foresee nor prevent. From -the want of sleep the preceding night, and the fatigue of travelling in -the day, he became drowsy and exhausted, and stopped in a barn belonging -to William Fairweather, at the bridge that crosses the Millstream, to -take a short sleep, and start again in the night, so as to pass the -village before daylight. But, as fate would have it, he overslept; and -his horse was discovered on the barn floor in the morning, and he was -seen crossing the bridge by daylight. Had he succeeded in crossing in -the night, he would in all probability have carried out his design; for -it was not till the afternoon of the same day, that Mr. Knox the owner -of the horse, missed him from the pasture. Pursuit was immediately made -in quest of the horse, and the circumstance of the robber having put him -up at the barn proved the means of restoring the horse to his owner, and -committing the robber to custody; for there, at Mr. Fairweather’s, -information was given which directed the pursuit in the direct track. -Mr. Knox, through means of obtaining fresh horses on the way, pursued -him, without loss of time, through the Province of Nova Scotia, as far -as Pictou, a distance of one hundred and seventy miles, which the thief -had performed with the stolen horse in the space of three days. There, -on the 24th July, the horse having been stolen on the 20th, Mr. Knox had -him apprehended by the Deputy Sheriff, John Parsons, Esq., and taken -before the County Justices in Court then sitting. Besides the horse, -there were a watch and fifteen guineas found with the prisoner; and a -warrant was issued by the Court for his conveyance through the several -Counties to the gaol of Kings County, Province of New Brunswick, there -to take his trial. Mr. Knox states that he, the prisoner, assumed -different names, and committed several robberies by the way; that a -watch and a piece of Indian cotton were found with him and returned to -the owners; that on the way to Kingston gaol he made several attempts to -escape from the Sheriff, and that but for his own vigilance he never -would have been able to reach the prison with hint, observing at the -same time, that unless he were well taken care of and secured, he would -certainly make his escape. He was received into prison for examination -on the warrant of conveyance without a regular commitment. - -[Illustration] - - - - - CHAPTER II. - - Examination Before Justice Pickett and Ketchum and Commitment for - Trial —Would not Join the 112th Regiment to Secure Freedom—Before - the Trial Smith was Attacked by a Strange Disease which Baffled - Physicians—Supposed to be Dying He Escapes from the Gaol. - - -The prisoner had rode all day in the rain, and having had no opportunity -of changing his clothes, which by this time had become very wet, it was -thought necessary, lest he should sustain injury, to put him into the -debtors’ room, handcuffed, where he could have all opportunity of -warming and drying himself at the fire; the stove having been out of -repair in the criminal’s room. The day following he was removed into the -criminal’s room, where irons were considered unnecessary; and, as he -appeared quite peaceable, his handcuffs were taken off, and being -furnished with a comfortable berth, he seemed reconciled to his -situation. - -On the 13th of August I received the following letter from the Clerk of -the Circuit Court: - - DEAR SIR,—Mr. Knox has left with me the examination, etc., relating to - More Smith, the horse-stealer, now in your gaol; these are all taken - in the Province of Nova Scotia, before Magistrates there, and I would - recommend that he be brought up before the Magistrates in your County - and examined and the examination committed to writing. I do not know - under what warrant he is in your custody; but I think it would be as - well for the same Magistrates to make out a Mitimus after the - examination, as it would be more according to form. - - I remain, dear sir, yours, - WARD CHIPMAN. - -After proper notice, Judge Pickett, Mr. Justice Ketchum, and Mr. Knox, -all attended his examinations; in the course of which he said his name -was Henry More Smith, twenty years of age, came from England on account -of the war, had been in America about a year and a half, that he was -born in Brighton, that his father and mother were living there now, and -that he expected them out to Halifax the ensuing spring; that he -purchased a farm for them on the River Philip, and had written for them -to come. He also stated that he came to St. John on business, where he -fell in with Colonel Daniel, of the 99th Regiment, who proposed to give -him two hundred dollars if he would bring him a black horse, within a -fortnight, that would span with his own of the same color, that he told -the Colonel that he knew one that would match his perfectly, and that if -he would lend him fifteen guineas, he would leave his own mare in pledge -until he would bring the horse, as he knew there was a vessel then in -St. John bound to Cumberland, where the horse was. To this proposal he -said the Colonel agreed, and having received the money and left the -mare, went to his lodgings; but before he could return, the vessel had -left him; and having no other conveyance by water, he was obliged to set -out on foot; and having a long journey to travel, and but short time to -perform it in, he travelled all night, and at daylight was overtaken by -a stranger with a large horse and a small mare, which he offered for -sale, and that he being weary with walking all night, offered him ten -pounds for the mare, which he accepted. That they continued their -journey some time, and began to find out that the mare would not answer -his purpose; the horse being a good looking one, which he might sell -again for the money, he bantered the stranger for a swap, which was -effected by giving the mare and fifteen pounds in exchange for the -horse, saddle and bridle. He then produced a receipt which he said the -stranger gave him, to the following effect: - - Received, July 20, 1814, of Henry More Smith, fifteen pounds, in swap - of a horse between a small mare and a large horse, I let him have, - with a star, six or seven years old. - - JAMES CHURMAN. - -He then stated that he proceeded on to Cumberland, and bargained for the -black horse which was the object of his pursuit; and not having money -enough to pay for him, without selling the one he rode, and hearing that -Captain Dixon, of Truro, wanted to purchase such a horse, and finding -that he, Captain Dixon, had gone on to Pictou, forty miles further, to -attend Court, he was obliged to follow him with all speed. That the next -day being Sunday, he was obliged to wait till Monday to sell his horse, -and was there apprehended by Mr. Knox and charged with stealing his -horse; that he was taken before the Court, and had all his money, his -watch, and his horse, taken from him, and was sent back to King’s County -gaol to take his trial; and complained, that as he was an entire -stranger, and had no one to speak for him, unless the man was taken who -sold him the horse, his case might be desperate, for he had neither -friends nor money, nor any one who knew him to take his part. He -complained also of having been badly used by Mr. Knox on the way. - -Having been asked by Mr. Knox, in the course of his examination what -occupation he followed in the country, he replied, “No one in -particular.” Mr. Knox then hastily asked him how he got his living. He -replied, with great firmness and self-possession, “By my honesty, Sir.” -After this examination a regular commitment was made out, and he -returned to prison. He submitted to his confinement without a murmur, -and with much seeming resignation; but complained of great pain in his -side occasioned by cold he had received. He seemed anxious for an -opportunity to send for his portmanteau, which he had said he had left -with some other articles in the care of Mr. Stackhouse near Saint John. -The portmanteau, he said, contained his clothes, which he would be -obliged to sell to raise money for the purpose of procuring necessaries -and engaging a lawyer, repeating again, that, as he was a stranger and -had no friends to help him, there would be but little chance for him, -though innocent, except the thief who stole the horse was taken and -brought to justice. - -It so happened, on the day following, that I had occasion to go to the -City of Saint John in company with Dr. Adino Paddock, senr., when, on -our way, he had occasion to call at Mr. Nathaniel Golding’s tavern, in -Hampton; and while placing our horses under his shed, we perceived a man -mounting a horse in great haste, that was standing at the steps of the -door, who immediately rode off with all possible speed, as though he -were in fear of being overtaken. On inquiring who he was, we were -informed by Mrs. Golding that he was a stranger who had called there -once or twice before, and that she believed his name was Chuman or -Churman. I observed to the Doctor that that was the name of the man from -whom the prisoner, Smith, said he purchased the horse; upon which Mrs. -Golding said that she could ascertain that by inquiring in the other -room, which she was requested to do, and was answered in the -affirmative. - -We made frequent inquiries by the way, as we proceeded towards Saint -John, but could ascertain nothing further of the stranger by that name. -After my return from Saint John I informed the prisoner, Smith, of what -happened by the way; he appeared exceedingly elated with the idea of his -being the man that had sold him the horse, and said that if he had money -or friends he could have him taken and brought to justice, and would -soon be restored to liberty again himself; but that if he were suffered -to make his escape out of the country, his own case would be deplorable -indeed, though he was innocent. He again reiterated his complaint, that -he was destitute of money and friends, in a strange country, although -anxious to employ a lawyer, he did not know of any to whom he could -apply for advice. He was recommended to Charles J. Peters, Esq., -attorney, in St. John, with the assurance, that if there were any -possibility in the case of getting him clear, Mr. Peters would exert -himself in his behalf most faithfully. The first opportunity that -offered, he sent an order to Mr. Stackhouse for his portmanteau, with -instructions to apply the proceeds of certain articles, which he had -left him for sale, if disposed of, in retaining Mr. Peters as his -attorney. The return brought a handsome portmanteau and a pair of boots, -leaving a small sum in the hands of Mr. Peters, as part of his retainer, -which was to be increased to five guineas before the sitting of the -court. This arrangement seemed to be productive of much satisfaction to -the prisoner, and for the purpose of fulfilling the engagement with Mr. -Peters, he expressed a desire to dispose of the contents of his -portmanteau, as far as it was necessary for making up the sum. He gave -me the key, with which I opened his portmanteau, and found it well -filled with various articles of valuable clothing; two or three genteel -coats, with vests and pantaloons, of the first quality and cut; a -superior top-coat of the latest fashion, faced with black silk, with -silk stockings and gloves and a variety of books, consisting of a neat -pocket-bible and prayer-book, a London Gazetteer, a Ready Reckoner, and -several other useful books. He had also a night and day spy-glass of the -best kind, and a small magnifying glass in a tortoise-shell case, with -many other useful articles. Suspicions of his not having come honestly -by the contents of his portmanteau was not the impression that was made; -but rather that he had been handsomely and respectably fitted out by -careful and affectionate parents, anxious for his comfort and happiness, -and that he was, in all probability, innocent of the charge alleged -against him. He soon commenced selling off his little stock, and for the -purpose of affording him a facility, persons, wishing to purchase from -him, were permitted to come to the wicket door, through which he could -make his bargain, and dispose of his things. He never failed to endeavor -to excite the pity of those who came to visit him, by representing his -deplorable situation, he being reduced to the necessity of selling his -clothes to raise the means of defending his innocence in a strange -country from the unfortunate charge preferred against him. Nor did he -fail of his purpose, for many, from pure sympathy for his unfortunate -situation purchased from him, and paid him liberally. Among those who -came to see there was a young man, who said he had known the prisoner in -St. John and professed to visit him from motives of friendship; he had -access to him through the grates of the window, and some of the glass -being broken, he could hold free conversation through the grates. The -last time he came he carried off the night and day glass for debt which -he said he owed him while in St. John; but the probability was that he -had given him a watch in exchange. - -The prison was then kept by Mr. Walter Dibble, a man of learning and -talents, who for several years had been afflicted with a painful -disease, so that for a great part of the time, he was confined to the -house, and frequently to his room, in the County Court House, where he -taught a school, by which means, together with the fees and perquisites -of the jail and court house, afforded him a comfortable living for -himself and family, consisting of his wife and daughter, and one son -named John, about nineteen years of age, who constantly attended his -father. It may be also necessary to mention that Mr. Dibble was one of -the principal members of the Masonic Lodge held at Kingston, and was in -high esteem among them; besides he was regarded by all who knew him as a -man of honesty and integrity, and well worthy to fill any situation of -responsibility or trust. I am induced to advert to those particulars of -Mr. Dibble’s character because I am indebted to him for many of the -particulars relative to the prisoner, and because, having had a person -who could be relied on, there was less necessity for my visiting the -prisoner very frequently, which did not exceed once a week generally, -except upon special occasions. - -Shortly after the commitment of the prisoner he was visited by -Lieutenant Baxter, an officer of the New Brunswick Regiment, then -recruiting at Kingston. The officer proposed to the prisoner to enlist -him, as a means by which he might be released from his confinement. The -idea he spurned with contempt, and chose rather to await the issue of -his trial, depending on his professed innocence of the crime for which -he stood committed. He was, however, prevailed on to write to his -attorney on the subject, and received for his answer that such a measure -was inadmissible, and advised him to content himself and await the issue -of his trial. He appeared much displeased with the abruptness of his -attorney’s answer, and seemed rather to look upon this short and summary -reply, as an indication of his displeasure with him, and as an omen that -he, his attorney, would not interest himself much in his behalf. - -About this time, Sept. 7th, I received a letter from the Clerk of the -Circuit Court inclosing a Precept to summon a Court of Oyer and Terminer -and General Gaol Delivery, to be held at Kingston, on Tuesday, the 27th -of September. On the approach of the period for his trial, he was -encouraged by his friends to rely with full confidence on his attorney, -with repeated assurances that he would give his case all possible -attention: but with all his professed ignorance of the law, (and this -ignorance he had often declared with apparent simplicity), the prisoner -knew too much of it to resign himself with confidence to the issue of a -cause which could promise him nothing but conviction, and confirm his -guilt. He therefore, upon his professed dissatisfaction with his -attorney, appeared to think no more about him, not to renew his -enquiries concerning him, but set about a more summary method of -extricating himself from the power of the law. He turned his attention -to the Bible, and perused it with an air of much seriousness, as though -the concerns of the unseen world engrossed all his thoughts; he behaved -himself in every respect with becoming propriety, and his whole demeanor -was such as to engage much interest in his behalf. - -About this time he discovered symptoms of a severe cold, being troubled -with a hollow sounding cough, and complained of a pain in the side, but -still submitted to his confinement without a murmur or complaint. He -would frequently advert to the ill usage which he said he had received -by the way from Pictou, after he was made prisoner, particularly of a -blow in the side with a pistol, given by Mr. Knox, which felled him to -the ground, as he expressed it, like a dead man; that when he had -recovered his respiration which had been for some time suspended, he -raised blood, and continued to raise blood occasionally by the way for -two or three days; that the pain had never left him since, and was, as -he believed, approaching to a gathering in the inside, which he feared -would finally prove fatal to him. He showed a bruised spot on his side -which was swelled and much discolored, and apparently very painful. All -this was accompanied with loss of appetite and increased feebleness of -body; but he still discovered a remarkable resignation to his fate. His -situation was such as to excite sympathy and feeling, so that an -endeavor was made to render him as comfortable as possible, by keeping -his apartment properly tempered with heat, and providing him with such -food as was adapted to the delicacy of his constitution. - -His disease, however, continued to increase, and his strength to -decline, with all the symptoms of approaching dissolution; pain in the -head and eyes, dizziness, with sickness at the stomach, frequent raising -of blood, and of increased painfulness of the contusion on his side. It -was now considered high time to apply to a physician, and on the 11th of -September I sent for a doctor, who examined his side, and the general -state of his disease, and gave him some medicine. On the 12th, he -appeared a little better. Thirteenth, at evening, grew worse. -Fourteenth, unable to walk,—very high fever, with frequent chills of -ague. Fifteenth, vomiting and raising blood more frequently. Sixteenth, -the Rev. Mr. Scovil visited him in the morning, found him very ill, and -sent him toast and wine and some other cordials. Same day the doctor -attended him at 3 o’clock, and gave him medicine. At 6 o’clock, no -better, and vomiting whatever he took. Eighteenth, appeared still to -grow worse; was visited by Judge Pickett and several other neighbors, -and being asked whether he wanted anything, or what he could take, -answered “nothing, except an orange or a lemon.” Nineteenth, appeared to -decline very fast; at 2 o’clock, was visited by the doctor, who said the -man must be removed out of that room, that he was too ill to be kept -there, and that it was of no use to give him medicine in so damp a -place. Twentieth, in the morning, found him still declining; at ten -o’clock, Mr. Thaddeus Scribner and others went in to see him, inspecting -the room, but found no dampness that could injure even a sick man taking -medicine. - -The Rev. Mr. Scovil visited him in the afternoon, and introduced the -subject of his approaching end. The prisoner conversed freely on the -subject, and expressed his conviction that there was little or no hope -of his recovery. He stated to Mr. Scovil that he was born in England, -that his parents were formerly attached to the Church of England, but -had lately joined the Methodists; that he came from England, on account -of the war, and that he expected his parents to come to the country next -spring, which last circumstance seemed to excite in him strong emotions. -Twenty-first, the Rev. Mr. Scovil with others of the neighborhood -visited him in the morning; no favorable symptoms. Twenty-second, the -prisoner very low; violent fever, accompanied with chills and ague. -Inflammation of the bowels, with evacuations of blood for the last two -days, extremities cold, and strength greatly reduced, insomuch that he -could only just articulate above his breath. Was understood to say, that -he should die for want of medical assistance, as the doctor had refused -to attend him any more in that place, and the sheriff refused to remove -him. - -His situation had by this time excited general sympathy and pity; his -seeming simplicity, passiveness and resignation, greatly contributing to -produce the effect. At 6 o’clock, Rev. Mr. Scovil and a great number of -the neighbors came and sat with him till ten o’clock, and then left him -with the impression that he would not live till morning. Friday, 23rd, -went to the gaol early in the morning, found the prisoner lying on the -floor, naked, and seemingly in great distress; said he had fallen -through pain and weakness, and could not get up again. He was taken up -and carried to his bed; appeared as though he would instantly expire; -continued in a low and almost lifeless state till 5 o’clock in the -afternoon, when he appeared to all present to be really dying. Rev. Mr. -Scovil, Mr. Perkins, Mr. G. Raymond, all near neighbors, and Mr. Eddy, -from Saint John, who happened to be in Kingston at the time, all -supposed him to be in the agonies of death. He fell into a state of -insensibility, and continued so until a phial of hartshorn was brought -from an adjoining room, the application of which seemed to revive him a -little. - -After some time he recovered so far as to be able to articulate, and -upon its being observed to him that he had a fit, he replied that he was -sensible of it, and that it was his _family infirmity_, and that many of -his connections had died in the same way; and further remarked that he -did not think he could survive another, which would probably come upon -him about the same time next day; that he was sensible he should not -recover; but that God would have him. He then asked Mr. Scovil to pray -with him; his desire was complied with, and prayer offered up in the -most solemn and devout manner; the occasion was deeply affecting, and -all departed with the full conviction, that the patient would not linger -till the morning. - -Previous to this, no regular watchers had attended him; but it was now -considered highly necessary that some persons should sit with him till -the morning; consequently John Dibble and Charles Cambreau were -appointed by the sheriff to watch him through the night. - -The next morning the following letter was dispatched to Mr. Peters, the -prisoner’s attorney: - - DEAR SIR:—I fear we shall be disappointed in our expectations of the - trial of the prisoner, More Smith, at the approaching Court, as I - presume from appearance, he will be removed by death before that time. - He is dying in consequence of a blow that he received, as he says, - from Mr. Knox, with a pistol, which he has regularly complained of - since he has been in gaol, and is now considered past recovery. As it - will be a matter of enquiry, and new to me, I will thank you to let me - know by the bearer what would be the necessary steps for me to take; - and not fail, as I have but little hopes of his continuing till - morning. - - Yours, &c., - WALTER BATES. - -The return of the bearer brought the following: - - ST. JOHN, Sept. 24th,—Dear Sir,—Your favor of yesterday I received - this morning, and I am sorry to hear so desponding an account of the - unfortunate man in your custody. It will be your duty, I conceive, to - have a Coroner’s inquest on the body, and then have it decently - interred. With respect to the cause of the death, that is a - circumstance which must rest wholly on facts; if any physician shall - attend him, let him be particular in taking down in writing what the - man says in his last moments, as to the circumstances; and if a - Justice should be then present, it would not be amiss. - - In haste, yours, sincerely, - C. J. PETERS. - -Saturday, 24th.—The watchers reported that he had passed a very restless -night, and but just survived the morning; that he complained for want of -medical assistance. The following note was then sent to the doctor who -had attended him: - - KINGSTON, September 24th, 1814,—Dear Doctor: Smith, the prisoner, says - that he is suffering for want of medical assistance, and that you will - not attend him unless he is removed into another room, which cannot be - permitted; he must take his fate where he now is, and if he dies in - gaol, an enquiry will take place which may prove to your disadvantage. - I must therefore request your attention. - - I am yours, &c., - DR. A. PADDOCK, JR. WALTER BATES. - -At this time the sympathy and compassion of the whole neighborhood was -excited to the highest degree. The family of the Rev. Mr. Scovil, -especially manifested deep concern for him, and sent him everything that -they thought would either comfort or relieve him; as did also the family -of Mr. Perkins, and that of Mr. Raymond; all these having been in the -immediate neighborhood. But the prisoner used little or none of their -cordials or delicacies. Mr. Perkins visited him about 10 o’clock, a.m., -and kindly proposed to watch with him the ensuing night, for which he -discovered much thankfulness. In the course of the day the doctor came, -and gave him some medicine; but found him so weak, that he required to -be lifted and supported while he was receiving it. The doctor -acknowledged his low state, but did not think him so near his end, as to -die before morning, unless he should go off in a fit. This, the patient -said, was what he had reason to fear would be his fate before morning, -and therefore wished to make his will. - -All his clothes, at his death, he willed to John Dibble; and his money, -about three pounds, which he always kept by him in his berth, he -bequeathed to the jailor, for his kind attention to him in his sickness. -The money Mr. Dibble proposed to take charge of; but Smith said it was -safe where it was for the present. - -Mr. N. Perkins having had occasion to call that day on Mr. W. H. Lyon, -was enquired of by him concerning the state of the prisoner. Mr. Perkins -informed him that he was alive when he left him; but thought he would be -dead before night. This information Mr. Lyon communicated the same -evening to a number of persons who were assembled at the house of Mr. -Scribner, and added that he was dead, for that while he was on his way -to Mr. Scribner’s, (it having been in the dusk of the evening,) he had -seen _Smith’s Ghost_ pass by him at a short distance off, without -touching the ground. This singular report, as it came from a quarter -that could not be well disputed, very much alarmed the whole company, -and formed the subject of their conversation for the evening. - -But return to our narrative. After the prisoner had made his will, he -was, for a short time, left alone, with the probability that he would -shortly be seized by another fit, which he was not expected to survive. -About 6 o’clock in the evening, the Rev. Mr. Scovil observed to his -family, that it was then about the same hour of the day at which Smith -had had his fit on the day preceding; that he thought he would die -suddenly; he would therefore walk over to the Court House and be ready -there at the time, as it must be unpleasant for Mr. Dibble to be alone. -This so much awakened the sensibilities of Mrs. Scovil, that she could -not bear the reflection, that a child of parents that were perhaps -respectable, should be so near her, in a strange country, sick and -dying, on a bed of straw. She therefore called Amy, her wench. “Here,” -said she, “take this feather bed, and carry it to the gaol, and tell Mr. -Dibble that I have sent it for Smith to die on.” Mr. Scovil had been in -the house, and seated with Mr. Dibble but a very short time, when a -noise was heard from Smith in the gaol. John Dibble, who constantly -attended on him, ran in haste, unlocked the prison door, found him in -the agonies of a fit, and almost expiring. He made an effort to speak, -and begged John to run and heat a brick that was near, and apply it to -his feet, to give him one moment’s relief while he was dying, for that -his feet and legs were already cold and dead to the knees. John, willing -to afford what relief he could to the dying man, ran in great haste from -the gaol through the passage round the stairway that led to the kitchen, -where was a large fire of coals, into which he cast the brick, waited -but a few minutes, and returned with the heated brick to the prison; but -to his indiscribable astonishment, and almost unwilling to believe the -evidence of his senses, the dying man had disappeared, and could not be -found!!! John ran with the tidings to his father and the Rev. Mr. -Scovil, who were sitting in a room which the prisoner must have passed -in his escape. They were entirely incredulous to the report of an affair -so unparalleled, and would not yield their belief until they searched -every corner of the apartment themselves, and found that Smith had not -only effected his escape, but had also carried his money, his boots, and -every article of clothing away with him. - -It is impossible to conceive or describe the feeling of astonishment -with which every one about the house was filled, when they found that -the man, who had been groaning and agonizing under the pain of an -accumulation of diseases, which night after night, seemed to have been -wasting his strength, and bringing him nearer the close of his unhappy -life—had, in a moment, and the very moment which was thought to be his -last, seized the opportunity of his prison door being open, and rushed -from his confinement, leaving not a vestige of his moveables behind him. -As soon as a search through the prison confirmed the fact of the -elopement, the inmates hastened outside, and continued their search -around the premises. At this moment, Amy, the wench, made her -appearance, carrying the feather bed; and seeing the people around the -house said to them: “Misses send this bed for Smit to die on.” Her -master told her to take it home, and tell her mistress that Smith was -gone. Amy ran home and told her mistress that massa say Smit dead and -gone—he no want im bed! “Ah!” exclaimed her mistress, “poor man, is he -dead? Then, Amy, you may run and carry this shirt and winding sheet, to -lay Smith out in.” Amy instantly obeyed, and told her master -accordingly. “You may take them back,” said he, “Smith is gone!” “Where -he gone, massa?” “I don’t know,” said he, “except the devil has taken -him off!” Amy hastened back to her mistress, and told her that “massa -say Smit be dead and gone, and the devil has taken him away!” So much -was the mind of every one prepared to hear of his death, that the -expression, “Smith is gone!” served to convey no other idea. The sheriff -himself, who had not been present, and did not hear of the affair -immediately, gave the sentence the same interpretation. A messenger -having been dispatched to him with the tidings, met him on his way to -the gaol, expecting to witness the last moments of the patient. On being -informed by the messenger that “Smith was gone,” “Ah poor fellow,” he -exclaimed, “I expected it.” “What time did he die?” “But he is gone -clear off.” “It is impossible,” rejoined the Sheriff, “that he can be -far from his sick bed.” “Why,” replied the messenger, “they were all -about the gaol looking for him, and no one could tell which way he had -gone.” “Unparalleled and abominable deception!” replied the sheriff. -“How did he get out of gaol!” He believed John Dibble left the door open -while he ran to beat a brick, and then Smith made his escape. - -This was to us the first development of the true character of Henry More -Smith, and thus, by means of a counterfeit illness, which melted the -feelings and drew the sympathies of the whole neighborhood; which -baffled every power of detection, and imposed even upon the physician -himself, did this accomplished villain effect his release, and was now -again running at large, glorying in the issue of his scheme. - - - - - CHAPTER III. - - Pursued by Officers of the Law His Whereabouts are Frequently - Discovered but he Eludes his Pursuers—Commits a Number of - Thefts—Taken Before a Magistrate he makes Satisfactory - Explanation—He Goes on his Way—The Court Convenes at Kingston - Before he is Apprehended. - - -But before we pursue his history in his succeeding adventures, it may be -necessary, for those who are unacquainted with the local situation of -the gaol, from which the prisoner made his escape, to give a short -description of it. Kingston is situated on a neck or tongue of land, -formed by the River Saint John, and Bellisle Bay, running north-east and -south-west on the western side of the neck, and by the Kennebeccasis -running the same course on the western side, leaving a tract of land -between the two rivers about five miles in breadth and thirty miles in -length. - -The winter road from Fredericton, the seat of Government, to the City of -Saint John crosses the land at Kingston to the Kennebeccasis, and this -road is inhabited on both sides. The road is intersected in the center -of Kingston by another road running northeasterly to the head of -Bellisle Bay, and is also inhabited on both sides, at the intersection -of these roads; on an eminence, stands the Court house (under which is -the prison) and church, facing each other, east and west, at a distance -of about eight rods. At the distance of about ten rods from the gaol -stands the house of Mr. F. N. Perkins, to the north, and at an equal -distance to the south the house of the Rev. E. Scovil is situated, with -various other houses in different directions; the land clear all around -to a considerable distance, affording no hiding place. From a prison -thus situated and surrounded with dwelling-houses, did our hero escape, -without any eye having seen him, and leaving no mark nor track behind -which could direct in the pursuit of him. Finding ourselves unable to -pursue in any certain direction, our conclusions were that he must -either have taken the road to Saint John or that leading to Nova Scotia -the way by which he came, and the only road he was known to be -acquainted with. Accordingly men were dispatched in pursuit of him on -the Saint John road, and others sent to the different ferries, while I -myself, with Mr. Moses Foster, the deputy sheriff, took the road toward -Nova Scotia, with all speed, in the night, and rode on until we began to -think that we must have passed him. Having arrived at a house which he -could not well pass without being seen, we stationed watchers there, and -also set watchers in other stations, and maintained a close lookout all -night, but to no purpose. - -At daylight I furnished Mr. Foster with money, and sent him on upon the -same road with directions to proceed as far as Mr. McLeod’s tavern, -distance forty miles, and in case of hearing nothing of him, to -discontinue the pursuit and return. At the same time I returned to -Kingston myself, where I was informed towards evening, that a man, who -answered his description had crossed the ferry over Bellisle Bay the -evening before in great haste, stating that he was going on an express -to Fredericton, and must be there by ten o’clock the next morning. This, -compared with Mr. Lyon’s story, the reader will recollect, of having -seen Smith’s _ghost_ or apparition the same evening in the twilight, -confirmed the opinion that we had now got upon the direction of our -runaway. And when we remember further, that the _apparition_ was passing -without _touching the ground_, we will have some idea of the rapidity -with which our self-released hero was scudding along as he carried his -neck from the halter. It was now Sunday evening, and he had twenty-four -hours of a start, leaving little hopes of his being overtaken by me. As -my only alternative, I forwarded advertisements, and proposed a reward -of twenty dollars for his apprehension and re-commitment to custody; but -with very little prospect of success knowing that he was escaping for -his life, and would succeed in getting out of the country before he -would be overtaken. - -Monday morning, the 26th instant, Mr. Moses Foster returned from his -route, and by this time many unfavorable reports concerning the -prisoner’s escape had begun to be circulated. The Court at which he was -to receive his trial was now to meet on the Tuesday following, and a -jury summoned from different parts of the county for the express purpose -of trying the horse-stealer. - -My whole time and attention were now required to make the necessary -preparations for the Court, and I felt myself not a little chagrined on -reflecting on the circumstances in which I was placed. This feeling -became heightened to a painful degree when I came to understand, by Mr. -E. Jones, that the villain, instead of escaping for his life, and -getting out of my reach with all possible haste, had only travelled -about ten miles the first night, and was seen lying on some straw before -the barn of Mr. Robert Bailes, the next morning, on the road to -Gagetown, having lain there till 12 o’clock in the day. But Smith did -not lie on his bed of straw for rest merely; even there he was -projecting fresh schemes of villainy, waiting for an opportunity to -carry away some booty from the house of Mr. Bailes; and so it happened -that he did not miss his aim, for Mr. and Mrs. Bailes had occasion to -leave the house to go some distance, leaving the door unlocked, when the -robber entered, broke open a trunk and carried off a silver watch, eight -dollars in money, a pair of new velvet pantaloons, and a pocket-book, -with several other articles. He then walked leisurely on his way, -stopping at the next house and at all the houses that were contiguous to -the road, so that he did not make more than three or four miles before -dark. - -When Mr. Bailes returned to his house and found it had been robbed, he -immediately fixed his suspicion on the man who had lain before the barn -door, from having observed the print of a boot heel, which was thought -to be his, and gave the alarm to his neighbours. They immediately set -out in pursuit of him, and having heard that he had been seen on the -road at no great distance before them, they followed on in high spirits, -expecting shortly to seize him; but in this they were disappointed, for -the robber warily turned aside from the road, leaving his pursuers to -exercise a painful and diligent search, without being able to ascertain -which way he had gone. Having followed as far as Gagetown, they posted -up advertisements, descriptive of his person, and also of the watch; and -sent some of them on to Fredericton. - -Late on Sunday night, a man called at the house of Mr. Green, who -resided on an island at the mouth of the Washademoak Lake. He said he -was a Frenchman, on his way to Fredericton about land, and called for -the purpose of enquiring the way. Mr. Green informed him that he was on -an island, and that he had better stay till the morning, and that he -would then direct him on his journey. He made on a large fire, by which -the man examined his pocket-book, and was observed to cast several -papers into the fire, and finally he threw in the pocket-book also. Mr. -Green on seeing this, had an immediate impression that the man must be -some improper character, which idea was strengthened by the circumstance -of its being a time of war. In the morning, therefore, he took him in -his canoe, and carried him directly to Justice Colwell, a neighboring -magistrate, that he might give an account of himself. On his -examination, he answered with so much apparent simplicity, that the -Justice could find no just ground for detaining him, and consequently -dismissed him. He then made his way to an Indian camp, and hired an -Indian, as he said, to carry him to Fredericton; and crossing the river, -went to Vail’s tavern, on Grimross neck, where he ordered breakfast for -himself and his Indian, and had his boots cleaned. At this moment, Mr. -Bailes, whom he had robbed the day preceding, was getting breakfast at -Mr. Vail’s, and writing advertisements in quest of the robber. About -eleven o’clock, he, with the Indian started again, leaving Mr. Vail’s -unknown and undetected; but not without taking with him a set of silver -teaspoons from a side closet in the parlour. - -The time was now come for the sitting of the Court, and about eleven -o’clock on Tuesday morning, the Attorney General arrived from -Fredericton, with very unfavourable impressions on his mind, bringing -information that the robber was still traversing the country, stealing -and robbing wherever he came, without sufficient effort being made for -his apprehension. The Jury also were collecting from the different -Parishes of the County, bringing with them unfavourable ideas, from the -reports in circulation concerning his escape. Among the many opinions -that were formed on the subject, one particularly, was very -industriously circulated. The prisoner was a Freemason, and it will be -recollected that Mr. Dibble, the gaoler, was stated in a former part of -the narrative to be a Freemason also, and that there was a Freemason -Lodge held at Kingston. The public mind was strongly prejudiced against -us, unwilling to believe the real circumstances of his elopement; and -the Court assembled under the strongest impressions that his escape was -connived at. The Honorable Judge Chipman presided on the occasion. - -The Court was now ready for business, but no prisoner; yet high -expectations were cherished that every hour would bring tidings of his -apprehension, as he was pursued in every direction. The Grand Jury was -empannelled, and the Court adjourned till next day at eleven o’clock, -waiting anxiously for the proceeds of the intermediate time. And to -render the means for his apprehension as effectual as possible, Mr. -Benjamin Furnald, with a boat well manned, was dispatched in the pursuit -with directions to follow on as far as he could get any account of him. - -Wednesday, the Court again met and commenced other business; but nothing -from Smith yet. In the afternoon, Mr. John Pearson, witness against him, -arrived from Nova Scotia, a distance of two hundred and eighty miles. -Towards evening conclusions were beginning to be drawn that he had -eluded all his pursuers, and was making his way back to Nova Scotia, and -the conjecture almost amounted to a certainty by the circumstance of a -man being seen crossing the Washademoak and making towards Bellisle Bay. - -Nothing more was heard till Thursday morning early, when Mr. B. Furnald -returned, and reported that he had found his course and pursued him -through Maugerville; that the night before he (Mr. F.) reached -Maugerville, the robber had lodged at Mr. Solomon Perley’s, and stole a -pair of new boots, and had offered the silver teaspoons for sale that he -had stolen at Mr. Vail’s. That he walked up as far as Mr. Bailey’s -tavern, where he stopped some time, and that he was afterwards seen -towards evening under a bridge, counting his money. This was the last -that could be heard of him in this place; it was now believed that he -had taken an Indian to pilot him, and had gone by way of the Washademoak -and head of Bellisle for Nova Scotia. This was in accordance with the -idea entertained at Kingston before Mr. Furnald’s return. - -At ten o’clock on Thursday morning, the Court met according to -adjournment, to bring the business then before them to a close, without -much hope of hearing any further of the horse-stealer at this time; when -about three in the afternoon, a servant of Mr. Knox’s, (who it will be -remembered was the plaintiff in the cause,) came direct to the Court -with information to his master, that his other horse was missing out of -the pasture; that he had been known to be in the pasture at one o’clock -at night, and was gone in the morning; and that a strange Indian had -been seen about the place. This extraordinary news produced much -excitement in the Court; and the coincidence of the Indian crossing the -country with the robber, with the Indian seen at Mr. Knox’s, confirmed -the opinion that Smith had made himself owner of Mr. Knox’s other horse -also!!! Mr. Knox, on hearing this news, became exceedingly agitated, had -no doubt but that Smith was the thief again, would not listen to the -sheriff, who was not just willing to credit the report of the horse -being stolen, and affirmed that his life was in danger if Smith was -suffered to run at large. His Honor, the Judge, expressed his opinion -that great remissness of duty appeared. - -A general warrant was issued by the Court, directed to all the sheriffs -and Ministers of Justice throughout the Province, commanding them to -apprehend the said More Smith and bring him to justice. In the meantime, -men were appointed to commence a fresh march in quest of him, to go in -different directions. Mr. Knox, with Henry Lyon and Isaiah Smith, took -the road to Nova Scotia; and Moses Foster, the deputy sheriff, and -Nathan Deforest, directed their course to Fredericton, by the head of -Bellisle Bay, with orders to continue their search as far as they could -get information of him, or to the American settlement. The sheriff then -wrote advertisements for the public papers, offering a reward of forty -dollars for his apprehension; and the Attorney General increased the sum -to eighty dollars. Indictments were prepared, and the Grand Jury found a -bill against the sheriff and gaoler, for negligence in suffering the -prisoner to escape. They were held to bail to appear at the next Court -of Oyer and Terminer to traverse the indictments. The business of the -Court being at the close, the sheriff paid the witness, Mr. Pearson, -from Nova Scotia, for his travel and attendance, amounting to one -hundred dollars, after which the Court finally adjourned. - -[Illustration] - - - - - CHAPTER IV. - - Smith’s Wanderings Through the Province—Leaves a Trail of - Larcenies—Arrested and Brought Before the Court at Fredericton He - Admits Escaping from Kingston Gaol and is Sent Back by Judge - Saunders—Escapes on the Way—Burglarizes the Home of the Attorney - General and is Re-arrested, and After a Month of Liberty is Again - Placed in Kingston Gaol. - - -Nothing was heard of our adventurer till after the return of Mr. Knox -with his party from a fruitless search of ten days in the Province of -Nova Scotia, and as far as Richibucto. The day following, Mr. Foster and -Mr. Deforest returned from their chase, and reported that after they had -proceeded to within three miles of Fredericton they heard of a stranger -answering to his description, having lodged all night at a private -house; but had gone on the road towards Woodstock. They continued the -pursuit and found that he had stopped at Mr. Ingraham’s tavern the night -following, slept late in the morning, being fatigued, paid his bill and -went off; but not without giving another proof of his characteristic -villainy. He broke open a trunk, which was in the room adjoining the one -he had slept in, and carried off a full suit of clothes belonging to Mr. -Ingraham, that cost him forty dollars, and a silk cloak, with other -articles, which he concealed so as not to be discovered. This -information gave his pursuers sufficient proof that he was indeed the -noted horse-stealer. But Mr. Ingraham, not having missed his clothes -immediately, the robber travelled on unmolested, and the next day went -only as far as Mr. Robertson’s, where he found a collection of young -people, played the fiddle for them, and remained the next day and night. - -He then proceeded towards Woodstock, leaving the spoons with Mrs. -Robertson in exchange for a shirt, and taking passage in a canoe -happened to fall in company with another canoe that had been at -Fredericton, in which the Rev. Mr. Dibble, missionary at Woodstock, was -passenger, with a young man poling the canoe. The young man had seen Mr. -Bailes’ advertisement at Fredericton, describing the man and watch, -which had a singular steel chain; and observed to Mr. Dibble, that they -both answered to the appearance of the stranger. Mr. D. remarked to the -young man that he might be mistaken, and asked the stranger to let him -see the watch. The stranger handed the watch with all willingness, and -it was found so exactly to answer to the marks of Mr. Bailes’ watch that -Mr. D. challenged it as the property of Mr. Bailes. Smith very gravely -replied, that it was a favorite watch that he had owned for a long time; -but that if he had heard of one like it having been stolen, he had no -objection to leave it with him until he returned, which would be in -about two weeks. Mr. D. replied that the suspicion was so strong, that -he thought he would detain him also, until he could hear from -Fredericton. Smith rejoined that he was on important business and could -not be detained; but if he would pay his expenses and make himself -responsible for the damage incurred by his detention, he would have no -objection to stop till he could send to Fredericton. Otherwise, he would -leave the watch, as he proposed before, and would return in ten or -twelve days, during which time Mr. D. might satisfy himself as to the -watch. He appeared so perfectly at ease, without discovering the -slightest indications of guilt, that on these conditions they suffered -him to pass on. He continued his march until he came to the road that -leads to the American settlement, and as it drew towards evening he -enquired of a resident by the way concerning the road to the American -side; but was asked by the man to tarry till morning, as it was then -near night and the settlement yet twelve miles distant. He did not -choose to comply with the invitation, and advanced, as an apology, that -two men had gone on before him, and he feared they would leave him in -the morning if he did not proceed. It happened in a very short time -after, that two young men arrived there from the settlement, and being -asked whether they had met two men on the road, they answered in the -negative. It was then concluded that Smith was a deserter, and they -turned about and followed him to the American settlement, but found -nothing of him. The day following, Mr. Foster and Mr. DeForest arrived -at Woodstock, and finding themselves still on the track of him, they -pursued on to the American line, but could hear nothing concerning him. -They then informed the inhabitants of Smith’s character; and proposed a -reward of twenty pounds for his apprehension. The people seemed well -disposed and promised to do their utmost. - -Messrs. F. & D. then made their way back to the river St. John, and -there, most unexpectedly, came across the path of our adventurer again. -They found that he had crossed the river, stopped at several houses for -refreshments, and called himself Bond. That he had assumed the character -of a pursuant in quest of the thief who had broken out of Kingston jail; -said that he was a notorious villain, and would certainly be hung if -taken, and appeared to be extremely anxious that he should be -apprehended. They traced him down to the river where the Indians were -encamped, and found that he had agreed with an Indian to conduct him -through the woods to the United States, by the way of Eel River, a route -not unfrequently travelled; and hence had baffled all the efforts of his -pursuers, and finally escaped. Messrs. F. & D. thought it was now time -to return and make their report. It afterwards appeared that the Indian, -his conductor, after having gone about two days on the route, began to -be weary of his job, (perhaps finding that it might not be productive of -much profit,) and discovered that Smith carried a pistol, which he did -not like very much, refused to guide him any longer, gave him back part -of his money and returned. This materially turned the scale with our -adventurer and fortune, that had hitherto smiled on his enterprise, -refused, like the Indian, to conduct him much further. Unable to pursue -his journey alone, he was, of course, obliged to return, and he had now -no alternative but to try his chance by the known road. It was now the -tenth of October, and he re-appeared on the old ground, wanting -refreshment and in quest as he said, of a deserter. While his breakfast -was preparing, information of his presence was circulated among the -inhabitants, and Dr. Rice, who was a principal character in the place, -effected his apprehension, and had him secured. - -The clothes he had stolen from Mr. Ingraham he had on, excepting the -pantaloons, which he had exchanged for a pistol. He said he had -purchased the clothes very cheap from a man who he believed was a -Yankee. He was then taken in charge by Mr. A. Putnam, and Mr. Watson, -who set out with their prisoner for Fredericton. On their way they -stopped at the Attorney General’s, three miles from Fredericton, and -then proceeded into town, where the Supreme Court was then sitting. The -prisoner was brought before the Court in the presence of a large number -of spectators. The Honorable Judge Saunders asked him his name, and he -unhesitatingly answered, “Smith.” “Are you the man that escaped from the -gaol at Kingston?” “Yes.” On being asked how he effected his escape, he -said the gaoler opened the door and the priest prayed him out. He was -then ordered to prison for the night, and the next day he was remanded -to Kingston gaol. Putnam and Watson set out with him in an Indian canoe, -one at each end, and the prisoner handcuffed and pinioned, and tied to -the bar of the canoe, in the centre. They were obliged to watch him the -first night at the place where they lodged, and the next day they -reached the house of Mr. Bailes, opposite Spoon Island, where he had -stolen the watch and the money, etc. It was near night, and the passage -to Kingston rather difficult; and they being strangers, Mr. B. proposed -that if they would stop with him till morning, he would conduct them to -Kingston himself. They willingly complied and having been up the -preceding night, Mr. B. proposed that if they would retire and take some -rest, he with his family would keep watch of the prisoner. After they -had retired, the prisoner enquired the way to Saint John, and whether -there were any ferries on this side the river. He then asked for a -blanket and leave to lie down. Mrs. B. made him a bed on the floor; but -before he would lie down, he said he had occasion to go to the door. Mr. -B. awakened Mr. Watson, who got up to attend him to the door. Smith said -to him that if had any apprehensions, he had better tie a rope to his -arm, which he accordingly did, fastening it above the handcuffs, with -the other end wound round his own hand. In this situation they went out -of doors; but in an unguarded moment, Smith watching his opportunity, -knocked him down with his handcuffs, leaving the rope in the hands of -his keeper, having slipped the other end over his hand without untying -the knot. - -Thus, handcuffed and pinioned, and bound with a rope, the ingenious -horse-stealer, by another effort of his unfailing ingenuity, akin to his -mock-sickness, in the gaol, had effected a second escape from his -keepers, leaving it as a matter of choice, whether to institute a -hopeless search for him in darkness of the night, or sit down in sullen -consultation on what plan they had best pursue in the morning. Nothing -could exceed the chagrin of Putnam and Watson on finding themselves -robbed of their prisoner, except the confusion which filled myself and -the gaoler on the knowledge of his unexampled and noted escape from the -gaol. To pursue him in the night, which was unusually dark, and rainy -besides, was both hopeless and vain; it was therefore thought best to -inform the sheriff in the morning of what had taken place, and receive -his advice as to future proceedings. In the morning, accordingly, Mr. -Putnam proceeded to Kingston, and on communicating the news to the -sheriff, received a supply of money, with orders to pursue the road to -St. John, while the sheriff, with two men, proceeded to Mr. Bailes’. -There they received information that Smith had changed his course, and -crossing the Oaknabock Lake in the night, was directing his course -towards Fredericton again. - -It will be remembered that previous to his escape, while a prisoner at -Mr. Bailes’, he made particular enquiries whether there were any ferries -on the way to Saint John, on this side the river. At this time it would -seem that he had looked upon his scheme as successful, and evidently -directed those enquiries concerning the road with a view to mislead, -while it was his policy to return upon the course which would be judged -the most unlikely of all he should take. But to return to our story. He -came to the lake the same evening he had got clear of Mr. Watson and the -rope, and there urged as a reason of his haste in crossing the lake in -the night, that he was on his way to Fredericton to purchase land, and -that he had arranged it with Putnam and Watson, who had gone to Kingston -with the thief, to take him up in their canoe on their return, and was -to meet them at the intervale above, early the next morning. This well -varnished and characteristic story procured him a speedy passage over -the lake, and now our adventurer is in undisputed possession of the -country, at liberty to choose which way he should turn his face. - -On being put in possession of these particulars, we immediately and -naturally supposed that he was wisely and prudently directing his course -to the United States, by the way of the Oromocto; and so we followed up -his retreat accordingly; but in that direction no intelligence could be -obtained, and we remained in total ignorance of his proceedings and -history up to the 26th of October. At this date, when it was supposed -that he had transported himself into the United States, to our -astonishment and surprise we find him again in the prosecution of his -usual business in the immediate vicinity of Fredericton. His first -appearance there again, was in a bye-place, at a small house not then -occupied as a dwelling. It was drawing towards night, and the day having -been rainy, he came to the house wet and cold. An old man by the name of -Wicks, with his son, was engaged in repairing the house, in which they -had some potatoes. There was also a quantity of dry wood in the house, -but as the old man was about quitting work for the day, he had suffered -the fire to burn down. The stranger was anxious to lodge in their humble -habitation for the night, but the old man observed to him, that they did -not lodge there at night, and gave him an invitation to the next house, -where he could accommodate him better. He did not accept the invitation, -but said that he must go on eight or ten miles that night, and so he -departed. - -The old man and his son secured the door and retired to their lodgings; -but when the morning came it was found that Smith had returned to the -old house, spent the night, burned up all the wood, regaled himself on -roasted potatoes, and again took his departure. The following night he -paid a sweeping visit at the house of Mr. Wilmot seven miles from -Fredericton. Finding a large quantity of linens, sprinkled and ready for -ironing, he made a full seizure of the whole, together with a new coat -belonging to a young man belonging to the house. The plunderer, finding -his booty rather burthensome, took a saddle and bridle, which he -happened to discover, put them on a small black pony, which was feeding -in the pasture, and thus rode with his luggage till he came within two -miles of Fredericton. There he found a barrack or hovel, filled with -hay, belonging to Jack Patterson, a mullato, which presented a -convenient retreat where he could feed his horse and conceal his -plunder. Here he remained some days undisturbed; would turn his horse -out to feed on the common in the day, concealing himself in the hay, and -would catch him at night, ride into town, make what plunder he could, -return to his retreat, and conceal it in the hay. - -Our adventurer thought it was now high time to pay his respects to the -Attorney General himself, who lived about three miles distant. Here he -was not altogether unacquainted, having made a previous call on his -passage as a prisoner from Woodstock to Fredericton. He arrived on the -spot about nine o’clock in the evening, retaining, no doubt, an accurate -remembrance of the entrance to the house; and everything proved -propitious to the object of his visit; for it happened that there was -much company at the Attorney General’s on the same evening, whose -overcoats, cloaks, tippets, comforters, &c., &c., were all suspended in -the hall. He did not obtrude himself upon the notice of the company, but -paid his respects to their loose garments, making one sweep of the whole -consisting of five top coats, three plaid cloaks, a number of tippets, -comforters and other wearing articles! Having been more successful than -perhaps he expected, he rode back through the town to the place of -concealment, deposited his booty, and gave his horse, after his travel, -a generous allowance of hay. This generosity to his horse led to his -detection, for Patterson happening to perceive that his hay was lying in -an unusual manner out of the window of his barrack immediately formed an -opinion that some person had taken up lodgings in the hay, and in this -he was not mistaken; for on coming to the spot, he found Smith lying in -the hay, with a white comforter about his neck. On perceiving him to be -a stranger, he asked him where did he come from, and was answered that -he came from the Kennebeccasis, was after land, and getting belated had -taken up his lodging in the hay, and hoped it was no harm. - -After Patterson had gone into his house he perceived that the traveller -had retired from the barrack by the window and was making towards the -woods. Upon perceiving this, the idea of his being a deserter instantly -presented himself to his mind and calling for assistance, he soon made -the stranger a prisoner, which was easily affected, as he did not make -much effort to escape. It was soon discovered that their prisoner was no -less a person than the far-famed Henry More Smith, and no time was lost -in committing him to Fredericton gaol. - -Patterson, not seeing the comforter with him which he wore around his -neck, in the hay, was induced to examine the hay if perhaps he might -find it. This led to the discovery of his entire deposit; for, he not -only found the immediate object of his search, but also all the articles -previously mentioned, with many more, which were all restored to the -owners respectively. - -Upon the examination of the prisoner, he gave no proper satisfaction -concerning the articles found in the hay; he said they were brought -there by a soldier, who rode a little pony, and went off, leaving the -saddle and bridle. He was then ordered to be taken by the sheriff of -York County and safely delivered to the sheriff of King’s County in his -prison. Accordingly, the sheriff prepared for his safe conveyance an -iron collar, made of a flat bar of iron, an inch and a half wide, with a -hinge and clasp, fastened with a padlock. To the collar, which was put -around his neck, was fastened an iron chain, ten feet in length; thus -prepared, and his hands bound together with a pair of strong handcuffs, -after examining his person lest he should have saws or other instruments -concealed about him, he was put on board a sloop for his old residence -in Kingston. They started with a fair wind, and with Patterson, the -mulatto, holding the chain by the end, they arrived with their prisoner -at Kingston, a distance of sixty miles, about 12 o’clock on the night of -the 30th of October, which was better than one month from the time of -his triumphant escape through means of his pretended indisposition. On -his reappearing in the old spot and among those who had ministered so -feelingly to his comfort during the whole period of his affected -illness, and whom he had so effectually hoaxed, it might have been -expected that he would have betrayed some feeling or emotion; or that a -transient blush of shame, at least would have passed over his -countenance; but ah! no; his countenance had long since become seared, -and there was no sensibility within, strong enough to give the slightest -tint to his shame proof countenance. He appeared perfectly composed, and -as indifferent and insensible to all around him as though he were a -statue of marble. - -On the ensuing morning he was conducted to the gaol, which he entered -without hesitation or seeming regret. After his former escape, it had -been cleared out of everything, and carefully swept and searched. In the -course of the search there were found several broken parts of a watch, -and among the rest, the box which contained the main spring, this -convinced us that the watch, (which he received from the young man -before his escape, in exchange for the spy-glass,) was intended to -furnish him the materials for making a saw in case all other plans he -might adopt to accomplish his release should fail to succeed. We found a -large dinner knife cut in two, which we supposed to have been done with -a saw made of the mainspring, as a trial or experiment of its utility. - - - - - CHAPTER V. - - Chained to the Floor of His Dungeon He Contrived to Cut the Chain and - Had also Sawn the Bars of the Grated Window—Makes a Second Attempt - at Escape—Breaks Chains, Padlocks and Handcuffs and an Iron Collar - About His Neck—Tries Suicide by Hanging. - - -Having by this time, from painful experience become a little acquainted -with the depth of his genius, we thought it not impossible nor unlikely, -that he might still have the saw concealed about his person, although -Mr. Berton, the sheriff of York County, had searched him before his -removal from Fredericton gaol. We were, however, determined to examine -him more closely, for which end we took off his handcuffs, and then -ordered him to take off his clothes. Without hesitation or reluctance he -divested himself of his clothes, all to his shirt; we then searched -every part of his dress—the sleeves, wristbands, collar of his shirt, -and even to the hair of his head; but found nothing. We then suffered -him to put on his clothes again, and we carried out of the gaol his hat -and shoes, and every article he brought with him. - -The prison in which he was confined was twenty-two feet by sixteen; -stone and lime walls three feet thick on the sides, the fourth side -having been the partition wall between the prison rooms. This partition -was of timber, twelve inches thick, lathed and plastered. The door was -of two inch plank, doubled and lined with sheet iron, with three iron -bar hinges, three inches wide, clasped over staples in the opposite -posts, and secured with three strong padlocks; and having also a small -iron wicket door secured with a padlock. There was one window through -the stone wall, grates within and without, and enclosed with glass on -the outside, so that no communication could be had with the interior -undiscovered. The passage that leads to the prison door is twenty feet -in length and three feet in breadth, secured at the entrance by a -padlock on the door; the outside door was also kept locked, so that no -communication could be had through the passage, without passing through -three securely locked doors, the keys of which were always kept by Mr. -Dibble, the gaoler, who from his infirm state of health, never left the -house day or night. - -Having learned a lesson by former experience, we maintained the most -unbending strictness, suffering no intercourse with the prisoner -whatever. In this manner secured, we put on his right leg an iron chain -no more than long enough to allow him to reach the necessary, and take -his provision at the wicket door. The end of the chain was fastened to -the timber of the floor by a strong staple, near the partition wall, so -that he could not reach the grated window by five or six feet. He was -provided with a bunk, straw and blankets, as a bed; and his wrists -having been much swelled with the handcuffs, I considered it unnecessary -to keep them on, especially as he was so thoroughly secured in other -respects. In this situation I left him, with directions to the jailor to -look to him frequently through the wicket door, to see that he remained -secure, intending at the same time to visit him occasionally myself. - -The jailor came to look at him frequently at the wicket door, as -directed, and always found him quiet and peaceable, either sitting up -reading, or lying down in his berth; he never uttered any complaints, -but appeared resigned to his confinement. I visited him once or twice in -the week to see, for myself, that his irons remained secure: and always -finding him as yet, in the same state of security in which I had left -him, I made up my mind that we should be able to keep him without any -additional trouble. He manifested good nature as well as resignation, -for he always came to the wicket door when I wished to see that his -irons were in order, with the greatest seeming willingness. - -On the twelfth day of his confinement, I was informed that Mr. Newman -Perkins had heard an unusual noise in the night, which induced him to -think that Smith had been at work at the grates. On making more -particular inquiry, I learned from Mrs. Perkins that she had heard a -noise like rubbing or filing, late in the night; and by holding her head -out of the window, she considered the sound to proceed from the jail. -Knowing the situation of the prisoner, chained, that he could not reach -the grate by five or six feet; and knowing, also, that after the search -we had made, it was impossible that he could have retained about his -person anything by which he could operate on the grates, we judged it -more than improbable that the sound could have proceeded from him. -Nevertheless, we did not treat the information with disregard or -neglect. I went immediately to the prison, accompanied by Moses Foster, -George Raymond, Allen Basten, and Mr. Dibble, the jailor, with several -others. It was then the evening, and we carried with us two or three -candles. On opening the door, we found him lying in his berth, chained -just as I had left him. I said to him, “Smith, you have not got out -yet;” he answered, “no, not quite.” I then examined every bar of the -grates as closely as possible, as also did every one present again and -again, until we were all satisfied that the cause of the alarm was only -imaginary. Smith all the time lying quiet, answering readily any and -every question that was put to him. - -Mr. Basten had yet continued searching and examining the inner grates, -when it was discovered by all present that there was a small chip lying -on the flat bar of the outer grate, which was supposed to have been -there accidently. Mr. Basten, however, being fully satisfied that the -inner grate remained secure, was led rather by curiosity, to reach -through his hand, and take up the chip that lay on the bar of the outer -grate; on doing this, he thought he could perceive that the bar was -inclined to hang in a small degree. This led to further examination; and -to the utter astonishment of all that were present it was found that the -bar was cut one-third off, and artfully concealed with the feather edge -of the chip. Our astonishment was increased by the fact that it was -impossible to reach the outer grate without first removing the inner. -This gave the hint for a more effectual examination, when it was found -that he had cut one of the inner bars so neatly, that he could remove -and replace it at pleasure, having contrived to conceal the incisions in -such a manner as to almost preclude the possibility of detection. There -is little or no doubt in two or three nights more he would have effected -his second escape, had not his works been discovered, through the very -means which, artful as he was, he employed to conceal them. On being -asked what instrument he used in cutting the grate, he answered with -perfect indifference, “with this saw and file;” and without hesitation -handed me from his berth a case-knife, steel-blade, neatly cut in fine -teeth, and a common hand saw file. I then asked him how he got to the -grates, or whether he had slipped the shackles off his feet? he answered -me, no; but that he had cut the chain in the joint of the links, a part -where the cut could not very readily be discovered. - -On being asked where he got his tools, he answered that he had left them -in the gaol when he went away, and that those he had given me were all -the tools he had left. But perceiving from the shape of the knife, (it -having been much thicker on the back than the edge,) that the bars could -never have been cut so neatly through with that instrument, we were -induced to make a stricter search, and found, in a broken part of the -lime wall, near the grates, a very neat spring saw, having a cord tied -at one end. I then asked him who gave him those tools; to which he -replied with great firmness:—“You need not ask me again, for I never -will tell you.” After I had finished these enquiries, I searched his bed -and his clothes, and renewed the chain again to his leg, fastening it -firmly to the floor with a staple; and putting on a pair of strong -handcuffs of 7-8 bolt. We then left him, it being about 11 o’clock on -Saturday night. On the next Sunday at 4 o’clock, I revisited the jail, -when the gaoler informed me that the prisoner was lying in his berth -with all his irons on, and had been enquiring of him if the sheriff was -not coming to examine his chains. About 12 o’clock the same night I was -alarmed by a man sent by the gaoler, to inform me that Smith had got -loose from his irons, and having worked his way through the inner grate, -was cutting the outer grate, and had nearly escaped. - -Here, at the dead hour of midnight, when it might be expected that every -eye would be sunk in the stillness of sleep through the vigilant -attention of Mr. Dibble, the gaoler, this astonishing being, who set -handcuffs, and shackles, and chains at defiance, had all but effected -another escape. Mr. Dibble, on finding him to be at work at the grates, -was determined, if possible, to take him in the act; and by fastening a -candle to the end of a stick three feet in length, and shoving the light -through the wicket gate, he was enabled to discover him at work before -he could have time to retreat to his berth. Mr. Dibble, on perceiving -how he was employed, ordered him to leave everything he had, and take to -his berth; he instantly obeyed, but as suddenly returned to the grates -again, placed himself in a position to which he could not be seen by the -gaoler. Remaining here but a moment, he went quickly to the necessary, -and threw something down which was distinctly heard, and finally retired -to his berth. - -Mr. Dibble maintained a close watch until I arrived at the gaol, which -we immediately entered, and to our amazement found him extricated from -all his irons. He had cut his way through the inner grate and had all -his clothes collected, and with him ready to elope, and had cut the bar -of the outer grate two thirds off, which no doubt, he would have -completed long before morning, and made his escape. I said to him, -“Smith, you keep at work yet;” he answered that he had done work now, -that all his tools were down the necessary. The truth of this, however, -we proved by letting down a candle, by which we could clearly see the -bottom; but no tools were to be seen there. His return to the necessary, -and dropping, or pretending to drop something down, was no doubt, an -artifice, by which he attempted to divert our attention from the real -spot where his tools were concealed. But in this also, with all his -cunning, he overshot the mark, by his over eagerness to tell us where he -had cast his tools, instead of allowing us rather to draw the conclusion -ourselves, from his return to the place, and dropping something down. We -next proceeded to strip off and examine his clothing, carefully -searching every hem and seam. His berth we knocked all to pieces, -examining every joint and split; we swept out and searched every part of -the prison, knowing that he must have his instruments in some part of -it; but all to no purpose—nothing could be discovered. - -We next replaced all his chains with padlocks; put on him a pair of -screw handcuffs, which confined his hands close together, and thus left -him about 4 o’clock on Monday morning. On the day following, Mr. Jarvis, -the blacksmith, having repaired the grates came to put them in, when he -found Smith lying on the floor apparently as we left him; but, on -examining the new handcuffs, which screwed his hands close together when -put on, we found them separated in such a manner that he could put them -off and on when he pleased. On being asked why he destroyed those -valuable handcuffs, “because,” said he, “they are so stiff that nobody -can wear them.” - -No doubt then remained that he must have his saws concealed about his -body, and having been ordered to take off his clothes, he complied with -his usual readiness. On taking off his shirt, which had not been done at -any time previous in our searches about his body, Dr. A. Paddock, who -was present, and employed in the search, discovered a small muslin cord -about his thigh, close to his body, and drawn so close that it could not -be felt by the hand passing over it with the shirt between. This small -cord was found to conceal on the inside of his thigh a fine steel saw -plate, two inches broad and ten inches long, the teeth neatly cut on -both the edges, no doubt of his own work. After this discovery we put on -him light handcuffs, secured his chains with padlocks again, and set -four men to watch him the whole night. The next day we secured the inner -grate, filling the squares with brick, lime and sand, leaving a space at -the upper corner of only four by five inches, in which was inserted a -pane of glass in the centre of the wall. This small opening in a wall -three feet thick, admitted little or no light, so that the room was -rendered almost a dungeon, which prevented the prisoner from being seen -at any time from the door without the light of a candle. From this time -we never entered the prison without candles and two or three men. - -On the 13th of November, I addressed a letter to Judge Chipman, to which -I received the following answer: - - “Saint John, November 14, 1814—Dear Sir,—I received your letter of - yesterday relating to the new attempts of H. M. Smith to escape. I - have forwarded the same to Fredericton, and presume that a court will - be ordered for his trial as soon as may be practicable for the state - of the travelling, and the necessity of procuring the witness from - Nova Scotia; though I should suppose not before the ice makes. In the - mean time the utmost vigilance and precaution must be made use of to - secure him; you will be justified in any measures of severity that you - may find it necessary to adopt for this purpose. - - I am, dear Sir, faithfully yours, - WALTER BATES, Esq. WARD CHIPMAN.” - -Wednesday, the 16th, we entered the prison and found that he had been -employed in breaking the plaster off the partition wall with his chains, -and broken one of the padlocks, and appeared to have been loose; seemed -very vicious, and said “he would burn and destroy the building—would -make it smoke before he left it” and that we would see it smoke. I then -prepared a pair of steel fetters, case hardened, about 10 inches long, -which we put on his legs, with a chain from the middle, 7 feet long, -which we stapled to the floor; we also put an iron collar about his -neck, with a chain about 8 feet long, stapled also to the floor in a -direction opposite to the other; and also a chain from his fetters to -the neck collar, with handcuffs bolted to the middle of his chain in -such a manner as to prevent his hands from reaching his head and feet -when standing, leaving it just possible for him to feed himself when -sitting. - -All these irons and chains he received without discovering the least -concern or regard. When the blacksmith had finished riveting the whole, -I said to him, “Now, Smith, I would advise you to be quiet after this, -or if you are not you will next have an iron band put round your body -and stapled fast down to the floor.” He very calmly replied, “Old man, -if you are not satisfied, you may put it on now. I do not regard it, if -you will let me have my hands loose you may put on as much iron as you -please. I care not for your iron.” In this situation we left him, loaded -with irons, the entire weight of which was forty-six pounds, and without -anything to sit or lie upon but the naked floor. - -Although he was thus situated and in an entire dungeon, he appeared not -in the least humbled; but became more troublesome and noisy, and -exceedingly vicious against the gaoler. Despair and madness seemed now -to seize him, and raving and roaring would unite with the utterance of -prayers and portions of the Scriptures. With a tremendous voice he would -cry out, “Oh you cruel devils—you murderers—you man-slayers—you -tormentors of man? How I burn to be revenged; help, help, help me; Lord -help me to be revenged of those devils; help me that I might tear up -this place, that I may turn it upside down, that there may not be one -stick or stone of it left. My hair shall not be shorn, nor my nails cut, -till I grow as strong as Sampson, then will I be revenged of all my -enemies. Help, help, O Lord help me to destroy these tormentors, -murderers of man, tormenting me in chains and darkness;” shouting, -“darkness, darkness, O darkness—not light to read the Word of God,—not -one word of comfort from any. All is,—you rogue, you thief, you -villain,—you deserve to be hanged. No pity, not one word of -consolation,—all darkness, all trouble;” singing, “trouble, trouble, -trouble; O God help me, and have mercy upon me; I fear there is no mercy -for me;—yes, there is mercy, it is in Jesus, whose arms stand open to -receive; but how shall I dare to look at Him whom I have offended.” - -Then he would call upon his parents and deprecate his wicked life; then -rave again, “murderers, tormentors, consider you have souls to save, -consider you have souls to lose as well as I, a poor prisoner; consider -you have children that may be brought to trouble as well as I; consider -I have parents as well as they. O! if my parents knew my situation, it -would kill them. My wife, begone from my sight; why will you torment me! -It is for you that I suffer all my sorrow—it is for you my heart bleeds. -Not a friend comes to see me—nothing before me but pain and sorrow, -chains and darkness, misery and death, O! wretched me, how long am I to -suffer in this place of torment! Am I to linger a life of pain and -sorrow in chains and misery? No, I will cut the thread of life and be -relieved from this place of darkness and trouble,” singing “trouble, -trouble, trouble,” a thousand times repeated. In this manner he -continued raving till he became very hoarse and exhausted, would take no -notice of anything that was said to him, and finally left off speaking -entirely. - -The weather having become very cold, he was allowed his berth again, -with a comfortable bed of straw and blankets; but the blankets had to be -taken away from him again, on account of his having attempted to _hang_ -himself with one of them made into a rope. He next attempted to starve -himself, but this he gave over, after having fasted three or four days. -He now dropped into a state of quietness, and lay in his bed the most of -the time, day as well as night; but on the 16th of December we found on -examining his prison, that he had broken the iron collar from his neck, -and drawn the staple from the timber; but replaced it again so as to -prevent detection. - -On the 17th, we put a chain about his neck, and stapled it to the floor -in such a manner that he could not reach either of the staples. In this -situation he remained secure and rather more quiet, yet with occasional -shouting and screaming until the 15th of January. The weather having now -become very cold, and no fire allowed him, fears were entertained that -he might freeze; to prevent which it became necessary to remove his -irons, which with the exception of his fetters and handcuffs, were -accordingly taken off. For this relief Smith showed no sign of -thankfulness, but became more noisy and troublesome, especially in the -night, disturbing all within the reach of his voice, with screeching and -howling, and all manner of hideous noises, entirely unlike the human -voice, and tremendously loud, even beyond conception. In this manner he -continued for five months, occasionally committing violence upon himself -and breaking his chains, during which period he could never be surprised -into the utterance of one single word or articulate sound, and took no -notice of any person or thing, or of what was said to him, no more than -if he had been a dumb, senseless animal; yet performing many curious and -astonishing actions as will be related hereafter. - -In the New Testament, which he always kept by him, a leaf was observed -to be turned down, under which, upon examination, was found the -following Scripture, in the 3rd Chapter of 1st Corinthians, “And I, -brethren, could not speak unto you,” &c. - -The weather having been intensely cold throughout the month of January, -and he having no fire, great fears were entertained that he must perish -from cold, but astonishing to relate his hands and feet were always -found to be warm, and even his chains! In February, when the weather -began to moderate a little, he became more troublesome; began to tear -off the lime wall and lathing, from the partition and break everything -he could reach. A strong iron-hooped bucket that contained his drink he -broke all to pieces; the hoops he broke up into pieces not exceeding -three inches long, and would throw the pieces with such dexterity, -though handcuffed, as to put out the candle when the gaoler would bring -the light to the wicket door to examine what he was doing. - -As the weather moderated he became more noisy and vicious, as will -appear by the following letter which I received from the gaoler on -February 10th: - - “DEAR SIR,—There must be something done with Smith—he is determined to - let me know what he is if no one else does—he sleeps in the day time, - and when I go to tell him to keep still at night, he yells so as not - to hear what I say to him. Instead of thanks for taking off his irons, - he makes all the noises he can by yelling and screaming all night, and - knocking very loud all night with some part of his irons. I wish you - would come up early and advise what is best to be done. - - W. DIBBLE.” - -I came to the gaol accordingly, and found his irons uninjured, and to -prevent him from using his hands so freely, locked a chain from his -fetters to his handcuffs, and left him. - -On Sunday, two gentlemen from Nova Scotia, at the request of Smith’s -wife, came to make enquiry after him. I went with them to the gaol to -see if he would speak or take any notice of them, or of what they would -say to him from his wife. They told him that his wife wished to know if -he would have her come to see him, and what she would do with the colt -he left; that she would sell it for two hundred dollars, and have the -money sent to him. But all they said had no effect on him, any more than -if he had been a lifeless statue, which convinced us that he would go to -the gallows without speaking a word or changing his countenance. - -The next week he became more restless and vicious, and on Sunday, on -going to the gaol with Mr. Rulofson, from Hampton, and Mr. Griffith, -from Woodstock, found he had broken up part of his berth, and broken his -chain from the handcuffs, leaving one link to the staple, the parted -links concealed; tore up part of his bedding and stopped the funnel of -the necessary. It appeared also that he had been at the grates; but how -he got there was a mystery, for the chain by which his legs were bound, -was unbroken, and the staple fast in the timber. We then raised the -staple and again put on the chain to his handcuffs, fastening the staple -in another place, more out of his reach. - -The next day I found he had again broken the chain from his handcuffs -and torn a large portion of lathing and plastering from the middle wall. -Finding this, I determined to confine him more closely than ever, and so -put a chain from his feet round his neck, stapled to the floor, securing -the handcuffs to the middle of the chain. He had already given such -mysterious and astonishing proofs of his strength and invention, that I -feared he would finally baffle all my ingenuity to prevent his escape. -The twisting of the iron collar from his neck and drawing the staple -from the timber, was a feat that filled every one with wonder. The -collar was made of a flat bar of iron, an inch and a half wide, with the -edges rounded. This he twisted as if it were a piece of leather, and -broke it into two parts, which no man of common strength could have done -with one end of the bar fastened in a smith’s vise. The broken collar -was kept a long time and shown to many a wonderer. As might be expected, -his wrists were frequently much swelled and very sore from his exertion -to break and get loose from his irons; yet he appeared as insensible and -as regardless of his situation as if he had in reality been a furious -maniac. - -Notwithstanding the seeming insanity which characterized these works of -his in the prison, yet other parts of his performance there indicated -the most astonishing genius and invention; perhaps in a manner and -degree unequalled in the memory of man. On the 1st of March, on entering -his prison in the evening, we found him walking in front of an _effigy -or likeness of his wife_, which he had made and placed before him -against the wall as large as life. When the light was thrown upon this -scene, which he had prepared and got up in the dark, it not only filled -us with amazement, but drew out all the sensibilities of the heart with -the magic of a tragedy, not so much imaginary as real. This effigy he -intended to represent his wife, visiting his wretched abode, and -manifesting signs of disconsolation, anguish and despair, on beholding -her wretched husband moving before her in chains and fetters, with -dejected mien, and misery and despair depicted in his countenance. The -effigy was formed out of his bedding and the clothes and shirt he tore -off his body, together with a trough three or four feet in length, which -was used in the jail to contain water for his drink. Rough as the -materials were, yet he displayed such ingenuity in its formation, and -conducted the scene in a manner so affecting, that the effect it -produced when viewed with the light of the candles, was really -astonishing, and had a kind of magical power in drawing out the -sympathies of every one who witnessed it. - -He continued noisy and troublesome till the 5th of March, when we took -his irons off, and caused him to wash himself and comb his hair, which -had not been cut since he was put in jail; neither had his beard been -shaved. On receiving a piece of soap for washing, he ate a part, and -used the rest. We then gave him a clean shirt, which he put on himself -with the rest of his clothing, after which we replaced his irons, which -he received in the same manner as an ox would his yoke, or a horse his -harness. - -[Illustration] - - - - - CHAPTER VI. - - Second Trial Ordered—Smith Continues to Break Chains and Relieved - Himself of Fetters Rivetted on by a Blacksmith—Reads Bible and - Makes Straw Figures—Feigns Insanity when Placed on Trial—Refused - to Plead—Found Guilty and Sentenced to Death. - - -The term of the Court of Common Pleas was now coming on, which required -much of my attention for the necessary preparations; and Mr. Dibble, the -jailer, being about to remove to Sussex Vale, to take charge of the -Academy there, my situation began to look rather awkward and unpleasant. -Accordingly the jailer moved away on the 11th of March, after the -sitting of the Court, and from the extraordinary trouble which the -prisoner was known to have given, I had little hope of finding any one -who would be willing to take the charge. However I prevailed with Mr. -James Reid (a man in whom I could confide) to undertake the charge of -him; who, with his family moved into the house the day following. - -After this, Smith appeared more cheerful, and became rather more quiet, -until the 24th of March, when I was called on by the jailer, who -informed me that Smith was attempting to break through the partition -where the stove-pipe passed through into the debtors’ room. On entering -the jail we found him loose from all his irons,—his neck-chain was -broken into three pieces; the chain from his neck to his feet into three -pieces; the screw handcuffs into four pieces, and all hanging on nails -on the partition. His great coat was torn into two parts, through the -back, and then rent into small strips, one of which he used as a belt, -and supported with it a wooden sword which he had formed out of a lath, -and with which he amused himself by going through the “sword exercise,” -which he appeared to understand very well. The chains from his legs were -disengaged from the staples, and tied together with a strip of the torn -coat. His hand, his feet and his clothes, were all bloody; and his whole -appearance presented that of an infuriated madman. There were present on -this occasion Messrs. Daniel Micheau, Moses Foster, George Raymond, -Walker Tisdale, the jailer and some others. I then raised the staple, -secured him by the leg chain put on a pair of stiff handcuffs, and added -a chain to his neck, stapled to the floor. In this situation we left him -until the 28th, when I was again called by the jailer, who said he -believed he was loose again, and about some mischief. - -On entering the jail, I accordingly found him loose,—the chain from his -neck in three parts; he had beaten the lime off the wall with a piece of -his chain three feet long. We left him for the purpose of getting his -chains repaired; at night we added a new chain from his fetters to his -neck, and stapled him to the floor with a chain about four feet long; we -secured his handcuffs to the chain between his neck and feet, so that -when standing, he could not reach in any direction. In this situation he -remained until the 31st, spending the time in singing and hallooing -occasionally. I was then again called by the jailer, who, on opening the -wicket door, found a piece of chain hanging on the inside. I went -immediately to the jail and found that he had separated all his chains, -had tied his feet chain to to the staple again, and was lying in his bed -as unconcerned as if nothing had happened, having a piece of chain about -his neck. We then took his bunk bedstead from him, and removed -everything out of his reach; no link in his chains appeared to be -twisted, nor were there any broken links to be seen; from this we -inferred that he still must have some means of cutting his chains. - -At this moment, however, it occurred to us that he might have the broken -links concealed in the privy. We accordingly let down a candle, by which -we could see the bottom, and with an iron hook prepared for this -purpose, we brought up a bunch of broken links which he had tied up in a -piece of his shirt, together with a piece of his neck-chain a foot long. -This convinced us that he had not destroyed his chains by means of -cutting them, but by the application of some unknown mysterious power. I -then determined to break the enchantment, if strength of chain would do -it, and added to his fetters a large timber chain, which had been used -as the bunk-chain of a bob-sled, by which four or five logs were usually -hauled to a mill at once. The chains we had previously used were of a -size between that of a common ox-chain and a large horse trace-chain. - -Secured in this manner we left him, and on the 6th of April found his -neck-chain parted again. I then replaced it with a strong ox-chain about -seven feet long, firmly stapled to the timber. The next morning the -gaoler informed me that from the uncommon noise he made in the night, he -was convinced he must be loose from some of his irons or chains. I then -concluded that he must have broken his steel fetters, as I judged it -impossible for human strength or invention, in his situation, to break -either of the ox-chains; but to my utter astonishment I found the -ox-chain parted and tied with a string to the staple, his handcuffs, -fetters, and log chain having remained uninjured. We fastened the -ox-chain to his neck again, by driving the staple into another link. -After this, he remained more quiet, his wrists having been much galled -and swelled by his irons, and bruised and rendered sore by his exertions -to free himself from them. - -At this time I received a letter from the Clerk of the Circuit, of which -the following is a copy: - - ST. JOHN, March 15th.—Dear Sir,—At length I enclose you the precept - for summoning a Court of Oyer and Terminer and Gaol Delivery in your - County, on Thursday, the 20th of April, for the trial of the - horse-stealer—I also enclose a letter from Major King, for his saddle, - stolen from him at the same time. - - Yours, &c., - WARD CHIPMAN. - - To WALTER BATES, Esq., High Sheriff. - -After this our prisoner remained for some time rather more peaceable, -and amused himself with braiding straw, which he did in a curious -manner, and made a kind of straw basket which he hung on the partition -to contain his bread. Sometimes he would make the likeness of a man, and -sometimes that of a woman, and place them in postures singularly -striking; discovering much curious ingenuity. At this he would amuse -himself in the day, but spent the night in shouting and hallooing, and -beating the floor with his chains. - -On entering the gaol, we discovered the image or likeness of a woman, -intended to represent his wife. He had it placed in a sitting posture, -at the head of his bed, with the New Testament open before her, as -though reading to him, while he sat in the attitude of hearing with -serious attention. I was induced to look into the New Testament, and -found it open at the 12th chapter of St. Luke, and the leaf turned down -at the 58th verse, which read as follows: “When thou goest with thine -adversary to the Magistrate, as thou art in the way, give diligence that -thou mayest be delivered from him; lest he hale thee to the judge, and -the judge deliver thee to the officer, and the officer cast thee into -prison.” It would seem as though he had intended to represent her as -reproaching him for his escape from the constables on his way to -Kingston, while he would defend his conduct by referring to the above -portion of the Scripture. He produced many other likenesses, which he -would place in different significant postures manifesting the most -remarkable ingenuity and invention. - -A special Court for his trial had been summoned to meet at Kingston on -the 20th of April; but it was postponed until the 4th of May, on account -of the ice having remained unusually late in the river, as will appear -by the following letter: - - ST. JOHN, 5th April, 1815—Dear Sir,—I have received your letter - detailing the very extraordinary conduct of the culprit in your - custody. There is certainly a mystery in this man’s means and - character, which is unfathomable, and I fear there will be - considerable difficulty with him on the trial. Your vigilance and - exertions of course cannot be relaxed. As the best thing to be done, I - dispatched your letter, without delay, to the Attorney General, that - they might adopt, at Head Quarters, any such measures as they might - think expedient for the further safeguard and security of the - prisoner. - - Very respectfully yours, - To W. BATES, Esq. W. CHIPMAN. - - SUNDAY, 16th April, 1815—Dear Sir—I have just received by express from - Fredericton, a letter from the Attorney General, stating that from the - state of the river, it will be impracticable for him to be at Kingston - by the 20th, and as he has hitherto taken the whole burthen of the - trial upon himself, it cannot go on without him. From the - circumstances, therefore, and as the present state of the travelling - would probably render it dangerous to my father’s health (who is not - now very well) to hold the court this week, he has determined to put - it off till Thursday, the 4th of May, for which day he wishes you to - summon your jury, and to proclaim the holding of the Court. He regrets - much giving you this additional trouble, but it must be attributed to - the extraordinary backwardness of the season, which was not, probably, - foreseen when it was recommended to hold the Court on the 20th of - April. I have not time to forward a new precept by this conveyance, - but I will forward one in time, or the one you have may be altered. - This can be easily arranged when we go up to the Court. - - Yours truly, - W. BATES, Esquire. W. CHIPMAN. - -The Court was accordingly proclaimed, and at the same time I wrote a -letter, inclosing the proclamation to Mr. Dibble, the former gaoler, to -which I received the following answer: - - DEAR SIR—I yesterday received your letter, inclosing your proclamation - of the Circuit Court, for the trial of Smith, the horse-stealer. I - shall be very sorry if Judge Chipman’s health should be such as to - prevent his attending the trial. Should the Attorney General attempt - to prosecute on recognizance for the escape, I think his (the Judge’s) - influence at Court would prevent it. I am quite of your opinion, that - it will be the most difficult case that has yet been before any Court - for trial in this County. As for his behaving much better after I left - the gaol, it was what I expected he would do, to put Reid off his - guard. Those parts of his chains that were hanging in convenient - situations, were powerful weapons, and had Reid come into the gaol - alone, or weak-handed, he would have felt the weight of them. It is - remarkable that the villain with all his art and cunning, should - manage it so ill; and it seems altogether providential that from the - beginning (except his sickness) he has either delayed too long or been - too hasty, which has prevented his escape before, and I hope and trust - will be the same with you. I am sorry for the trouble you have with - him, and confidently hope and trust he will not evade your vigilance. - You are too well acquainted with his conduct to need my advice. I must - claim from you the particulars of his conduct at the trial. - - I remain yours truly, - W. BATES, Esquire. W. DIBBLE. - -On the 30th of April, I went to the gaol and found Smith lying quietly -with all his irons and chains uninjured, and told him that on Thursday -next, the 4th of May, he must have his trial before the Court for his -life or death; and that Mr. Pearson, the Deputy Sheriff who apprehended -him at Pictou, had come to witness against him; but he paid no attention -to what I said. The second day Mr. Pearson came to see him, and told him -that his (Smith’s) wife had come to see him; but he took no notice of -him, no more than if he could neither see nor hear, and set at defiance -all attempts to extort one single expression, as though he were -destitute of every sense. - -The third day we found that he had been at the stone wall, his face -bruised and bloody. I renewed my attempts to elicit something from him -by telling him that the next day he would be brought before the Court -for his trial; but all was in vain. He gave me the most decided -indications of confirmed insanity; patted his hands, hallooed, sang -without articulating, and continued to sing and beat the floor with his -chains the most of the night. - -The 4th of May, the day appointed for his trial, being now come, the -Court began to assemble early in the morning, and numerous spectators -crowded from every part of the county. About 11 o’clock his Honor Judge -Saunders, and the Attorney General arrived from Fredericton. About 1 -o’clock the whole Court moved in procession to the Court House, which -was unusually crowded with spectators. After the opening of the Court in -the usual form, the prisoner was called to the bar. The gaoler and four -constables brought him and placed him in the criminal’s box. He made no -resistance, nor took any notice of the Court, and, as usual, acted the -fool or the madman, snapping his fingers and patting his hands; he hem’d -and ha’d, took off his shoes and socks, tore his shirt. Every eye was -fixed on him with wonder and astonishment. After the Attorney General -had read his indictment, the Judge asked him how he pleaded to that -indictment, guilty or not guilty. He stood heedless and silent, without -regarding what was said to him. The Judge then remonstrated with him, -and warned him that if he stood mute out of obstinacy, his trial would -go on, and he would be deprived of the opportunity of putting himself on -his country for defence; and that sentence would be given against him; -he therefore advised him to plead not guilty. He still continued mute, -and acting the fool without betraying the slightest emotion. The Judge -then directed the Sheriff to empannel a jury of twelve men, to enquire -whether the prisoner at the bar stood mute wilfully and obstinately, or -by the visitation of God. From the evidence brought before the jury on -this enquiry, it appeared that he had been in the same state for three -months preceding, during which time he could not be surprised into the -utterance of one word. The jury consequently returned their verdict that -the prisoner stood mute by the visitation of God. - -The Judge then directed the Attorney General to enter the plea of not -guilty; and Counsel for the prisoner was admitted. The Court then -adjourned till ten o’clock the next morning. The next morning, Friday, -the Court assembled accordingly, and the prisoner was again brought to -the bar, and placed in the criminal’s box as before. He sat down -quietly, maintained his usual silence and inattention. The most profound -silence reigned in the Court, which was still crowded with spectators, -and every eye was fixed on the prisoner with the most eager attention. -The Judge then arose, and observed that the prisoner appeared more calm -this morning, and directed the Attorney General to proceed with the -trial. - -After the jury had been empannelled and had taken their seats, and the -witnesses brought before the Court, the prisoner was ordered to stand up -for his defence; hold up his hand, and hear the evidence; but he still -maintained the same disregard and indifference, giving no attention to -anything that was said to him. The constables were then directed to hold -up his hand, but to this he offered the most determined resistance, and -fought and struggled so furiously, that they were unable to manage him. -They then procured a cord and pinioned his arms; but this was of no -avail; he would flounce and clear himself from them all, as though he -had the strength of some furious animal. - -They then procured a rope and lashed his arms back to the railings of -the box; but he still continued his struggling, and reaching the -railings before him would break them like a pipe-stem. They then -procured another rope and bound his hands together, and secured them to -the railing in the opposite direction. Finding himself overpowered in -his hands, he immediately availed himself of his feet, with which he -kicked most lustily, and soon demolished all the railing in front of the -box, notwithstanding all the efforts of the constables to prevent him. -Another rope was then procured, and his feet bound each way from the -posts of the box, so that he was rendered incapable of further mischief. -After securing him in this manner, all the constables being in readiness -for his movements, while he himself sat as unconcerned as though nothing -had happened, the Attorney General proceeded to read his indictment, in -which the prisoner stood charged with having feloniously stolen a -certain bay horse, the property of Frederick Willis Knox, Esquire, of -the value of thirty-five pounds. Mr. Knox having been sworn, stated the -manner of his pursuit after the prisoner, with all the circumstances, -until he came to Truro, as has already been detailed. At Truro he -engaged Mr. Pearson, Deputy Sheriff, to pursue on to Pictou, whither he -was informed the prisoner had gone to sell the horse. - -Mr. Peters, counsel for the prisoner, on the cross-examination of Mr. -Knox, asked him how he wrote his Christian name—“Willis” or “Wills.” He -answered, “I am christened and named after my god-father, Lord North, -the Earl of Willsborough, and I never write my name Willis.” Mr. Peters -then produced authorities to show where one letter omitted or inserted -in a man’s name had quashed an indictment, and moved that the prisoner -be discharged from this indictment. This move was overruled by the -judge, but was reserved for a question in the Court above. - -The witness Pearson having been sworn, deposed and said, that he pursued -after the prisoner the whole night, and early the next morning was shown -the prisoner, and arrested him on suspicion of having stolen the horse, -and told him that the owner of the horse would soon be present. He -seemed but little surprised, and only replied that he came honestly by -the horse. The witness further stated that he then asked the prisoner -where the horse was, who unhesitatingly pointed to the house where he -soon after found him. Witness went on to state that he took the prisoner -before a Justice for examination, and thence to the jail at Pictou. That -he then went to the house which the prisoner had pointed out to him, and -there found the horse; that he returned homewards with the horse about -ten miles, and met Mr. Knox, who immediately knew the horse, and called -his name “Britain.” That they then returned to Pictou, where the -prisoner remained in jail, and on examination was found to have in his -possession a watch, and about fifteen guineas in money, with a number of -watch seals and other articles, some of which it appeared he had stolen -on his way as he escaped with the horse. That he was committed to the -charge of a constable and Mr. Knox, to be conveyed by a warrant from -Nova Scotia to the jail at King’s County, in New Brunswick. That before -he was taken from the jail at Pictou he had cut the bolt of his -handcuffs nearly through, and had artfully concealed it, which was -fortunately discovered, and new handcuffs provided, otherwise he must -certainly have escaped from his keepers before he arrived at Kingston. - -The circumstances against the prisoner were, that he gave contradictory -statements as to the way in which he came by the horse; at one time -asserting that he bought him from a pedlar; at another from a Frenchman; -again, that he swapped for him; and at Amherst produced a receipt for -money paid in exchange. - -The Counsel for the prisoner, in cross-examining, asked Mr. Knox, did -you ever see the prisoner in possession of the horse! “No; but he -acknowledged it.” “Did you ever hear him acknowledge that he was in -possession of the horse in any other way than by saying he came honestly -by him?” “No.” Mr. Pearson was cross-examined in the same manner, and -answered to the same effect. - -Mr. Peters, in defence of the prisoner produced authorities to show that -by the evidence the prisoner was not taken in the manner as stated in -the declaration, and that it was sufficient for him to prove, in a -general way, how he came in possession of the horse, which he was able -to do by a receipt he produced for the money paid in exchange, the best -general evidence that can be given, as such is the common way in dealing -in horses. He acknowledged that if the prisoner had been taken on the -back of the horse, he would then have been taken in the manner as stated -by the Attorney General, and consequently bound to prove how he came in -possession; but in the present case, he himself, or any one present, -might have been in this unfortunate prisoner’s situation; dragged to the -prison, to court and to the gallows, because he could not produce the -person who actually sold him the horse. The prosecutor had not produced -any evidence of the horse ever having been in the possession of the -prisoner, any other way than by his own confession; and he trusted that -the jury would not hesitate to find that the prisoner was not taken in -the manner as stated in the declaration, but would pronounce him, by -their verdict, “Not Guilty.” - -The Judge, in his charge to the jury, overruled the plea, by stating to -the jury that his having been taken in the manner, was proved by the -various accounts he gave of his getting possession of the horse, thus -rendering himself liable to prove how he came by him, or to stand guilty -of having feloniously taken him, as stated in the indictment. That they -had heard the witnesses and if, from the evidence and circumstances -before them, they would find him guilty; but if they had any doubts, -that leaning to mercy, they would find him not guilty. - -While the jury was out, the sheriff invited the Court and other -gentlemen to visit gaol, where they were shown the irons and chains, and -the situation in which the prisoner had been placed. - -The jury, after an absence of about two hours, returned with a verdict -of “Guilty.” The judge then proceeded to pass upon him the awful -sentence of the law, “Death, without the benefit of Clergy;” but the -criminal remained unmoved and unaffected, and continued shouting and -hallooing. The court asked the counsel for the prisoner whether he had -anything to offer in arrest of judgment, or why the sentence of death -should not be executed upon him. Mr. Peters then arose and produced -authorities to show that the present law that took away “the benefit of -Clergy” for _horse-stealing_, was not in force in this colony, and that -it could not be construed to be in force, and must be a question to be -decided in the higher court, where he hoped to have the honor of -discussing it. The judge admitted the plea; but gave his opinion against -him. - - - - - CHAPTER VII. - - After Sentence Smith Assumes Indifference to His Fate—Breaks - Fastenings Again—His Marionette Family Described by Sheriff - Bates—Tells Something of His Past History—His Case Considered by - Supreme Court at Fredericton. - - -The business being ended, the prisoner was returned to his cell where he -received his chains with willingness and apparent satisfaction; and the -court adjourned without delay. The Attorney General, however, gave me to -understand that the prisoner would not be executed immediately; and -requested that I would observe his behavior, and inform him by letter -the particulars of his conduct. The next morning I visited him, and -observed to him that he was now under sentence of death, and he would be -allowed only one pound of bread every day, with water, during the short -time he had to live. That as soon as the death warrant was signed by the -president, he would be executed, and that a short time only was left him -to prepare for the dreadful event. But he paid no attention; patted his -hands, sang and acted the fool as usual. One of his visitors being much -surprised at his insensibility, observed to him, “Smith, it is too late -for you to deceive any more; your fate is fixed now, and you had better -employ your little time in making your peace with God, than to act the -fool any longer.” On our next visit to the gaol, which was soon after, -we found his Testament open, and a leaf turned down on the following -passage—“If any man among you seemeth to be wise, let him become a fool, -that he may be wise.” From this it would appear, that he either founded -his pretended insanity on Scripture precept, or affected to do so; yet -it cannot be supposed that he intended us to know what use he made of -this Scripture, as he must have known that our conclusion would be that -he was “more rogue than fool.” - -I kept him nine days on bread and water, during which time he manifested -no sign of hunger, more than when fed with four times his allowance, and -tore off every particle of his clothing, leaving himself entirely naked. -After this time, I allowed him other provisions, and his subsequent -behavior was briefly stated in a letter to the Attorney General, and -afterwards, published in the “Royal Gazette.” The following is a true -copy of the letter, as it appeared in that paper, July 11th, 1815: - -Copy of a letter from the High Sheriff of Kings County: - - KINGSTON, June 26th, 1815—My Dear Sir—Having heard nothing from you - since the late gaol delivery at Kings County, I beg leave to state to - you some circumstances of the criminal, Henry More Smith, since his - trial and sentence. After securing him with strong chains to his neck - and legs, and with handcuffs, he continued beating the floor, - hallooing day and night with little intermission, making different - sounds; sometimes with jingling his chains, and sometimes without, - apparently in different parts of the gaol, insomuch that the gaoler - frequently sent for me, supposing he must be loose from his chains, - which I conceived and frequently observed was impossible, being far - beyond the power of human strength or invention, in his situation; but - on the 24th of May, going into the gaol early in the morning, (after - examining his chains at 2 o’clock the day before,) I found three links - of his heaviest chains separated, and lying on the floor, being part - of the chain without the staple. He continued in the same way until - the 2nd of June, when we found the largest chain parted about the - middle and tied with a string, which clearly proves that irons and - chains are no security for him. I then put on a light chain, with - which he has been ever since. I never discovered him at work at - anything, but he frequently produced effigies or likenesses, very - striking, representing his wife. He now produced an effigy of a man in - perfect shape, with his features painted, and joints to all his limbs, - and dressed him in clothes that he had made in good shape and fashion - out of clothes he had torn off himself, (being now naked,) which was - admired for its ingenuity. This he would put sometimes in one position - and sometimes in another, and seemed to amuse himself with it, without - taking the least notice of anything else; continuing in his old way - hallooing, without any alteration, until the 13th, when the gaoler - informed me that he refused to eat, and no doubt was sick. I went to - see him every day—found he did not eat—all the bread and other - provisions conveyed to him he gave to his effigy, strung on a string, - and put in his hands. He lay perfectly still day and night, and took - no notice of anything—would drink tea or milk, which I gave him twice - a day for five days, he then refused to drink anything for two days, - which made seven days that he ate nothing. In that time he began to - speak—would ask questions, but would hold no conversation. But the - most extraordinary, the most wonderful and mysterious of all, is that - in this time he has prepared, undiscovered, and at once exhibited the - most striking picture of genius, art, taste, and invention, that ever - was, and I presume ever will be produced by any human being placed in - his situation, in a dark room, chained and handcuffed, under sentence - of death, without so much as a nail of any kind to work with but his - hands, and naked. The exhibition is far beyond my power to describe. - To give you some faint idea, permit me to say, that it consists of ten - characters—men, women and children—all made and painted in the most - expressive manner, with all the limbs and joints of the human - frame—each performing different parts; their features, shape and form, - all express their different offices and character, their dress is of - different fashions, and suitable to the stations in which they are. To - view them in their stations, they appear as perfect as though alive, - with all the air and gaiety of actors on the stage. Smith sits in his - bed by the side of the gaol, his exhibition begins about a foot from - the floor, and compasses the whole space to the ceiling. The uppermost - is a man whom he calls his tamborine player, or sometimes Dr. Blunt, - standing with all the pride and appearance of a master musician; his - left hand akimbo, his right hand on his tamborine, dressed in suitable - uniform. Next him, below, is a lady genteely dressed, gracefully - sitting in a handsome swing; at her left stands a man, neatly dressed, - in the character of a servant, holding the side of the swing with his - right, his left hand on his hip, in an easy posture, waiting the - lady’s motion. On her right hand stands a man genteely dressed, in the - character of a gallant, in a graceful posture for dancing. Beneath - these three figures, sits a young man and a young woman (apparently - about fourteen,) in a posture of tilting, at each end of a board, - decently dressed. Directly under these stands one whom he calls - Bonaparte, or sometimes the father of his family; he stands erect, his - features are prominent, his cheeks red, his teeth are white and set in - order, his gums and lips red, his nose shaded black, representing the - nostrils; his dress is that of the harlequin. In one hand he holds an - infant, with the other he plays or beats music; before him stand two - children, apparently three or four years old, holding each other by - the hand, in the act of playing or dancing, which, with a man dressed - in fashion, who appears in the character of a steward, sometimes in - one situation, and sometimes in another, makes up the show, all of - which you have in one view. Then commences the performance. - - The first operation is from the tamborine player, or master, who gives - two or three single strokes on his tamborine, that may be heard in any - part of the house, without moving his body. He then dances gracefully - a few steps, without touching his tamborine; the lady is then swung - two or three times by the steward; then the gallant takes a few steps; - then the two below tilt a few times in the most easy, pleasant manner; - then the two children dance a little, holding each other by the hand; - after this, Smith begins to sing or whistle a tune, to which they are - to dance, at which the tamborine strikes, and every one dances to the - tune, with motion, ease, and exactness not to be described. Many have - been the observations of spectators; amongst them, an old German - observed that, “when he was starving the seven days, he was making a - league with the devil and that he helped him.” All acknowledged with - me, that it exceeds anything they ever saw or imagined. His whole - conduct from the first has been, and is, one continued scene of - mystery. - - He has never shown any idea or knowledge of his trial or present - situation; he seems happy; his irons and chains are no apparent - inconvenience; contented like a dog or monkey broke to his chain; - shows no more idea of anything past, than if he had no recollection. - - He, in short, is a mysterious character, possessing the art of - invention beyond common capacity. I am almost ashamed to forward you - so long a letter on the subject, and so unintelligible; I think, if I - could have done justice in describing the exhibition, it would have - been worthy a place in the “Royal Gazette,” and better worth the - attention of the public than all the wax-work ever exhibited in this - Province. - - I am with all respect, Dear Sir, - Your Humble Servant, - WALTER BATES. - - To THOMAS WETMORE, Esquire, Attorney General. - - “P.S.—Wednesday, the 28th.—This morning I found he added to his works - a drummer, placed at the left of his tamborine player, equal in - appearance, and exceeding in performance; beats the drum with either - hand, or both occasionally, in concert with the tamborine, keeping - time with perfect exactness; sometimes sitting, at others standing or - dancing. He had also, in the most striking manner, changed the - position of his scene. The lady above described to be sitting so - gracefully in her swing, with so many attendants and admirers, is now - represented sitting in a dejected posture, with a young infant in her - arms; her gallant has left her, and is taking the young girl before - described, about fourteen, by the hand, with an air of great - gallantry, leading her, and dancing to the tune with perfect - exactness, representing more than can be described. On viewing this an - old Scotchman observed,—‘Some say he is mad, others he is a fool; but - I say he is the sharpest man I ever saw; his performance exceeds all I - have ever met with, and I do not believe he was ever equalled by man.’ - This evening, a gentleman from Boston, having heard the above - description, came to see the performance, and declared he could say, - as the Queen of Sheba did, that ‘the half had not been told.’” - -To this the editor of the “Gazette” adds the following remarks: - - “We have given an entire copy of the above letter, which has excited - our astonishment, and will, probably, that of every other person who - has not seen the exhibition and performance described in it. Those who - are acquainted with the sheriff, know him to be incapable of stating - falsehoods, or attempting in any way to practice a deception, and - will, of course, give credit to the statement of facts, wonderful as - they may appear to be, which he has made.” - -The Supreme Court, in July, being about to be held in Fredericton, and -feeling anxious to know the fate of the prisoner, I attended for this -purpose; and having ascertained from the Attorney General that his -destiny would not be fatal, I returned again to Kingston, when the -gaoler informed me that the first night I had left Kingston, Smith had -drawn the staple of the chain that was about his neck, and had so -concealed them both that they could not be found; and the glass in the -brick wall was broken at the same time; but that the chain could not -have gone through that way, as the outside glass in the window was -whole; that the room and every other part of the gaol had been -thoroughly searched; but neither the chain nor staple could be found; -neither could it be imagined how he broke the glass, as it was far -beyond the reach of his chains. On my entering the jail, Smith said to -me, “The devil told my drummer, if I did not put that chain out of the -way, you would certainly put it about my neck again;” that he hated it, -and had murdered it and put it under the dirt; but he feared he should -have no peace till he raised it again. I then told him he must raise it -again, and if he behaved himself well I would not put it about his neck -again. The next morning the chain was seen lying on the jail floor; but -where or by what means he concealed it, could never be found out. I then -took off his handcuffs, and gave him water to wash himself. I also gave -him a clean shirt and a jacket, and a young man who was present gave him -a black handkerchief, which he put about his neck and seemed much -pleased; and said if he had a fiddle, or any instrument of music, he -could play for his family to dance; if he had a set of bagpipes, he -could play on them very well, and that if we gave him wood and leather, -he would make a set. He was offered a fife, which he handled in a clumsy -way; but he said he believed he could learn to play on it. He paid the -boy for it, and then took the fife, and would play any tune either right -or left handed. I then told him if he would behave well I would not put -his handcuffs on that day. He replied that he would then have his family -in good order for my ball; but he observed that when he put one hand to -anything the other would follow as though the handcuffs were on. We gave -him some materials that he wanted, and then left him; this was the 17th -of July. On the 18th we found him busily employed with his family, -making improvements for the ball. I gave him pen, ink, and paint, and -many articles for clothing, &c. - -All his figures were formed of straw from his bedding, curiously -entwined and interwoven. The colouring he had used before was his own -blood, and coal which he got from a piece of burnt timber in the jail; -and their first clothing was made from his own torn clothes. He now -began to talk more coherently and accounted for the broken glass. He -said to me,—“My drummer cried out for more air;” his family stood so -thick about him. “Well,” said I “tell me how to get more air and I will -go to work at it. He told me to make a strong whisp of straw, long -enough to reach the glass and break it, which I did, and then after -undoing the whisp put the straw in my bed again.” He continued improving -his family, by dressing and painting them all anew, and by adding to -their number. He said there was a gentleman and lady coming from France -to attend his ball, and all of them must perform well. With the money he -received from visitors, many of whom I have known to give him a dollar -for one exhibition, he purchased calico enough for a curtain or screen. -In front of the partition stood all his family which he continued to -improve and increase, until he said they were all present and were -coming to the ball; and about the 10th August completed his show for -exhibition. The whole consisted of twenty-four characters, male and -female, six of which beat music in concert with the fiddle, while -sixteen danced to the tune; the other two were pugilists; Bonaparte with -his sword fighting an Irishman with his shillelah. His musicians were -dressed in their proper uniform; some were drummers, some were tamborine -players, and some were bell-ringers. In the centre stood his dancing -master, with his hat, boots and gloves on. In an advanced station stood -an old soldier in Scotch uniform, acting as sentinel, while Smith -himself stood before them, his feet under the curtain, playing a tune on -the fiddle, to which they would all dance or beat in perfect harmony -with the music—the one half on the right to one part of the tune, and -the other half on the left to the other part, and then all together as -regular and as natural as life. The dancing master with his right hand -and foot with one part, and his left hand and foot with the other, and -then with the whole together, with the utmost ease, to any tune that was -played. So ingenious, and I may say, so wonderful was the exhibition, -that it is impossible to do justice to its description; and numbers of -persons from different parts came to indulge their curiosity by -witnessing the performance, and all expressed their astonishment in -terms the most unqualified. Doctor Prior, a gentleman from Pennsylvania, -was among the number of visitors. He told me that he had spent most of -his time in foreign parts, travelling for general and literary -information, and had made it a point to examine all curiosities, both -natural and artificial, and that having heard much of an extraordinary -person I had in prison, he came for the express purpose of seeing him -and his exhibition. Having viewed his person and every part of his -performance, he was pleased to say that he had travelled through all the -continent of America, and a great part of Europe, but had never met -anything the equal of what he there saw performed and that he certainly -should not fail to insert a notice of it in the journal of his travels -and observations. - -Another gentleman, Dr. Couglen, from Ireland, who had been surgeon in -His Majesty’s service both by land and sea, came also to visit our -prisoner, and see his extraordinary exhibition, and after having viewed -it occasionally for several days, while he remained at Kingston, -declared that he had lived in England, Ireland and Scotland; had been in -France and Holland and through a great part of Europe; had been at -Hamburg and other places famous for numerous exhibitions of various -kinds, but had never met with any that in all respects equalled what he -there saw exhibited. The doctor then belonging to the Garrison at St. -Andrews, having heard, while at Head Quarters, from the Attorney -General, an account of this extraordinary character, took his tour from -Fredericton by way of Kingston, for the express purpose of satisfying -his curiosity, and seeing for himself. When on entering the prison, -Smith, seeing the doctor in regimentals, said to him with much good -humor, “I suppose you are come here looking for deserters; there is my -old drummer, I don’t know but he deserted from some regiment—the rest -are all my family.” He seemed very much pleased with his new visitor, -and readily exhibited every part of his performance, to the full -satisfaction of the doctor, who expressed his astonishment in the most -unqualified terms, and acknowledged that it far exceeded his -anticipations. - - -August 13th—At evening we found that he had improved his Scotch sentinel -by giving him a carved wooden head, finished with the natural features -of a bold Highlander. This was the first of his carved work. He had also -much improved his pugilists. Bonaparte, by some unlucky stroke, had -killed the Irishman, and had taken off his head and hung it up at his -right hand. A brawny old Scotchman had taken the Irishman’s place, and -was giving the Corsican a hard time of it, knocking him down as often as -he got up. - -Next day at noon I called to see him; he had been fiddling remarkably -well, and singing very merrily; but on my entering I found him busily -employed at carving a head which was to take Bonaparte’s place, for that -bold Scotchman would overpower him soon. He observed that carving was a -trade in England, and that he did not expect to do so well at it before -he made the trial; and further remarked that a man did not know what he -could do until he set about it; and that he had never failed in anything -he undertook. He said he had never seen any such show in England as that -he was now working at; that he had only dreamed of his family, and had -the impression that he must “go to work” and make them all; that if he -did, it would be better with him, and if he did not, it would be bad -with him; that he had worked ever since, by night and by day, and had -not quite completed them yet; that there were a shoemaker and a tailor -that had not come yet for want of room; that he should make room if he -did not go away; that he had been here until he had become perfectly -contented, and “contentment,” he said “was the brightest jewel in his -life;” and that he never enjoyed himself better than he did at present -with his family. - -In the evening I went in to see him again; and as my curiosity to know -the origin of so singular a character was greatly excited, I hoped that -the present would have proved a favorable opportunity to draw some -information from him; but he cautiously and studiously avoided answering -any questions relative to his previous life, and affected not to -understand what I said to him. - -Sometimes he would talk very freely, and in a prophetic strain, of his -future destiny. He said he knew he was going away from home, and that he -should find enemies; every one who knew him would be afraid of him, and -look upon him with distrust and horror. That occasionally he was -distressed in his sleep with all kinds of creatures coming about him. -Great hogs and all kinds of cattle and creeping things, snakes and -adders, frogs and toads, and every hateful thing. That he would start up -from sleep and walk about the prison; then lie down and get asleep, and -be annoyed with them again. That he would sit up and talk to his family, -and sometimes take his fiddle and play to amuse himself, and drive away -these dreary hours of night. He said these snakes and adders he could -read very well; that he knew what they all meant, and could understand -something concerning the others; but that these frogs and toads coming -together he could not understand; only that he knew he was to leave this -place and go on the water, and that he could see as clearly as he saw me -standing before him, that he should find enemies, and everybody would be -afraid of him; but he would hurt no one; that he should find trouble, -and have irons on him, but that they should come off again; that the -crickets came and would get upon his children and would sing among them; -that he liked to hear them; that his mother told him he must not hurt -them, they were harmless, and that he must not hurt anybody. - -His mother, he continued to say, always gave him good advice; but he had -done that which he ought not to have done, and had suffered for it; but -he forgave all his enemies. The Lord says, if you would ask forgiveness -of Him, forgive thy brother also. We cannot expect forgiveness except we -repent and forgive our enemies. The word of God is plain; except you -forgive your brother his trespasses, neither will your Heavenly Father -forgive you when you ask of him. All men are sinners before God; watch, -therefore, and pray that ye enter not into temptation. I watch here and -pray with my family night and day; they cannot pray for themselves. But -I shall not stay long; he could go to sea as supercargo of some vessel, -or he could get his living with his family as a show in any country but -England, and he had never seen such a show in England; that he had never -enjoyed himself better than with his family at present. He did not care -for himself so long as his family looked well; he would be willing to -die, and he should like to die here rather than go among his enemies; -but he believed he had one friend in England, old Willie, if he is yet -alive; he was always his friend, and he should like to go and see him. -And he had one sister, he said, in England, that he wanted to see; she -played well on the pianoforte, and he himself could play on it also. She -was married to a lieutenant in the army but he was promoted to be -captain now. If he could he would go to see her in England, where he had -friends. - -He also said that he had an uncle in Liverpool, a merchant. Then looking -earnestly upon me, he said, “My name is not Smith—my name is Henry J. -Moon. I was educated in Cambridge College, in England. I understand -English, French and Latin well, and can speak and write five different -languages.” He also said he could write any hand as handsome or as bad -as I ever saw. He said he had five hundred pounds in the Bank of -England, which was in the care of Mr. Turner, and that he wished to have -his wife get it, as he did not know where he should go; but he knew he -should meet with trouble; yet he did not fear what man could do to him, -for he could but kill him, and he should like to die here. After -hearkening to these incoherent observations for a length of time, -without being able to obtain an answer to any question I put to him, I -left him for that time. - -[Illustration] - - - - - CHAPTER VIII. - - Smith Becomes a Fortune Teller and Startles the Gaoler—Foretells His - Own Release—Pardoned by the Court he Refuses to Leave the Gaol - which He Sets on Fire in a Mysterious Way—Finally Shipped on a - Schooner to Nova Scotia with his Marionettes. - - -The next morning, when the gaoler went in to see him, Smith said he had -been fishing, and had caught a large fish. The gaoler, on looking, -perceived the chain which Smith had formerly worn about his neck, and -had been missing a long time, but never could find out where or by what -means he concealed it. After this he commenced a new scene of mystery, -that of fortune-telling; in which, if he did not possess the power of -divination, he was wonderfully successful. - -The gaoler carried him his breakfast, with tea; Smith observed to him -that he could tell him anything, past or to come. The gaoler then asked -him to tell him something that had happened to him. Smith replied,—“Some -time ago you rode a great way on my account, and carried letters and -papers about me, and about others too. Again you went after a man, and -you had to go on the water before you found him, and I am not sure that -you found him on the water. While you were after him you saw a man at -work in the mud on the highway, and you enquired of him, for the man you -wanted. He told you what you asked. You then asked him if there was any -water near, that you could drink. He told you of a place where he had -drank; you went to it, but found the water so bad you did not drink it.” - -The gaoler was greatly astonished at this, knowing the whole affair to -be true just as he had stated, and had no recollection of ever having -mentioned the circumstance to any person. Perhaps all this may be -attempted to be explained away in some manner, or may be attributed -merely to his imagination, or the hazard of an opinion; but it would be -a coincidence not to be expected, and very unlikely to happen. Besides, -he often hit upon a development of facts, which could not be accounted -for, but upon the supposition of some mysterious knowledge of things -beyond the reach of common conception, as the following particulars will -fully testify: - -The next morning, Aug. 13, he told me his own fortune out of his -tea-cup. After looking into the cup for some time, he kissed it, and -told the gaoler he was going away from this place, that he was going -over the water, and must have a box to put his family in; that he saw -three papers that were written and sent about him, and that one of them -was larger than the other two, and contained something for him that he -did not understand, but he would soon know. - -The next morning, Aug. 14th, he looked in his cup again, and told the -gaoler that these papers were on their way coming, and would be here -this day at 4 o’clock, and he would soon know what they contained about -him. Accordingly I received papers from Fredericton, containing his -pardon, and two letters just as he had predicted!! - -In addition to this, the following must be regarded as a very singular -and remarkable prediction, which, independently of some unknown -mysterious means, cannot be accounted for. Early in the morning he -remarked to the gaoler in his usual manner: - -“This man over the way has a son who has gone to sea, and is at sea now; -but he will be here this night, and you shall see that I will affront -him.” Now mark the sequel. It so happened that a fresh breeze springing -up to the southward, with a strong flood tide, the vessel which -contained the young man was alongside in the dock in St. John, on the -same day about two o’clock. He was then and there informed that one of -his sisters lay dangerously ill at Kingston, and that Dr. Smith was just -going up to visit her. The young man hired a horse, and in company with -the doctor, arrived at his father’s about the time that we usually -visited the prisoner in the evening. - -I called at Mr. Perkins’, and found that the doctor and young Perkins -had just arrived. The doctor said to me that he had heard much of my -extraordinary prisoner, and if I had no objection, he should be much -pleased to see him and his show, he had heard so much of his great -performance. Young Mr. Perkins said he would also like to see the show, -and all went with me into the gaol and found Smith lying on his bed, but -without appearing to take notice of any one present. Mr. Perkins, like -everyone else, was much astonished at the appearance of his show, as it -was exhibited on the wall, and had a great desire to see the -performance. - -He put down a quarter dollar by Smith, and said he would give it to him -if he would make his puppets dance; but Smith would not take any notice -of him, and young Perkins continued to urge him to the performance, but -without effect, until now he was quite out of patience, and finally took -up his money, which he had proposed giving for the exhibition, and left -the gaol in quite an ill humor. After Perkins left the gaol Smith said, -“now, if any of you want to see my family dance, you may see them in -welcome;”—and took up his fiddle and went through the performance to the -entire satisfaction of all present. - -Now the reader may account for this mysterious prediction and its -fulfilment upon whatever grounds he pleases; but the arrival of the -young man from sea that day, his coming to Kingston, and his being -affronted by Smith in the jail, are facts which cannot be disputed. The -writer is aware that he may incur the imputation of weakness for -narrating some things relative to the prisoner; but as they are all -characteristic of him, in a high degree, and when all united, set him -forth before the world as a character singular and unprecedented, he -considered that every part of his sayings and doings had their interest, -and were necessary to be narrated. - -After closing the exhibition of his family for this time, he went on to -say, that he had told his fortune from his tea-cup, and it came always -alike; that he could tell a great deal by dreams. The devil helped -fortune telling, he said, but dreams were the inspiration of God. When -the hogs came to him by night he could tell a great deal by them. “Your -neighbor,” he said to me, “had a black sow that had pigs, some black, -some all white, and one with red dots before and behind.” By them he -said he could tell much. I was aware that Mr. Perkins had a sow with -young pigs, and I had the curiosity to look at them, but they did not -answer to his description, and I consequently allowed these remarks of -his relative to the sow and pigs to pass for nothing. However, in the -evening, as I was leaving the jail, Smith said to me (and without a word -having been said about my looking at the pigs.) “The pigs I told you -about are not those you examined, they were six months old.” I made no -reply, knowing that Mr. Scovil had a sow with pigs, answering to his -description in every particular. - -On Saturday morning, Smith said to the jailer, “Your neighbor over the -way there, has a sow that has gone away into the woods, and she has -pups,—some all black, some all white, and some black and white, and she -will come home before night, and when she comes, she will have but one -pig, and that will be a plump black pig, and they will never know what -became of the others.” Accordingly, the sow about 4 o’clock, came home -with her one “plump black pig,” and was immediately driven back into the -woods the way by which she appeared to have come; but according to the -precise terms of Smith’s prediction, the others were never found! - -The next evening after I had received his pardon from Fredericton, I -went to see him, and found him, in bed, but he said he could not eat; -asked for some new potatoes, and remarked that the jailer’s wife had new -potatoes yesterday; and did not appear in his usual good humor. Although -he would both talk and act at times rationally, yet he had never -recovered from his pretended insanity, nor even until his release from -my custody, thus carrying out his scheme, in perfect wisdom, to the -last. But now, with the pardon in my hand, I hoped to make some -impression upon him, and if possible, bring him to some sense of his -situation, by compassionately proposing my assistance to get him out of -the Province. I then proceeded to inform him that I had received his -pardon, that his attorney had proved his friend, and had petitioned the -president and court, stating that he was a young man, and this having -been the first instance of a case for horse-stealing before the court in -this Province, prayed that mercy might be extended and his life spared; -and that president and council had been graciously pleased to withdraw -the sentence and grant his pardon; and that I was now authorized to -release him on his entering into recognizance to appear in the Supreme -court and plead his pardon when called upon. The only reply made was, “I -wish you would bring me some new potatoes when you come again.” - -I proceeded to say that as soon as he was ready, and would let me know -where he wished to go, I would give him clothing, and would give him -time to put his family in order, and a box to put them up in; observing -that they might be a means of getting him a living until he could find -better employment, without being driven to the necessity of stealing. - -He replied. “Have you not got boys and girls that wish to see my family -dance? Bring all your family to see them; I will show them as much as -you please, but others must pay.” I remained with him nearly an hour -afterwards without saying any more on the subject of his PARDON; during -which time he continued to talk incoherently as he had done the evening -before. That we must watch and pray lest we enter into temptation; that -he prayed with his family; they could not pray for themselves; that we -must be spiritually minded, for to be spiritually minded was life; but -to be carnally minded was death; and much more of this kind, repeating -large portions from the New Testament, nearly whole chapters. - -He observed, “Now you see I can read as well to you without the book as -others can with the book. I can read you almost all of any other chapter -in the Bible you will name, either in the Old or New Testament, it makes -not much difference; in the dark as well as in the light. My wife is a -good little woman; she would get the Bible on Sunday, and say to me, -‘Henry, come sit down and hear me read the Bible’; but I would laugh, -and tell her I could read better without the book than she could with -it, and go out and look after my horse, or do anything on Sundays. I -have been a bad fellow; when I was in England I gave all my attention to -reading my Bible, and became a great Methodist, and went to all the -Methodist meetings, and would pray and exhort amongst them, and finally -became a preacher and preached in Brighton, Northampton, Southampton, -and in London; and great numbers came to hear me. I was sometimes -astonished to see how many followed to hear me preach the Scriptures, -when I knew they were deceived. But I did not follow preaching long in -London.” He went on to state his reasons for giving up preaching, or -rather the reasons that prevented his continuing to preach. He had given -himself up to the company of lewd women, and had contracted the disease -common to such associations. - -A course like this could not remain long concealed, and the issue was -that he was prevented from preaching, and was eventually obliged to -leave England, and come to this country. He went on to say—“I have been -a bad young man. I am young now, only twenty-three years of age—not -twenty-four yet”; and did not know but he would preach again; he could -easily find converts; many would like to hear him preach. When he was a -preacher he was spiritually minded, and all was peace and heaven to him; -but ever since all was trouble, and misery to him. He never intended to -leave this place; he was contented and willing to stay here until he -died; he was better off here than anywhere else, and never wished to go -into the world again unless he was a preacher. - -After hearing him talk in this manner for some time, I left him till the -next day at noon, when I went to the gaol again, and gave him a good -dinner, and read his pardon to him. When he saw the paper, he said, -“That looks like the paper which I dreamed I saw, with two angels and a -ship on it, with something that looked like snakes.” When I read his -pardon he paid not the least attention to the nature of it, but asked -questions as foreign to the nature of the subject as possible; only he -said he wished I would give him that paper; he dreamed it was coming. I -told him as soon as I would get him some clothes made, I would give him -the paper; and that I would help him away with his show in a box, and -that he might not be driven to the necessity of stealing; and in the -evening I went with a tailor to take his measure for a coat. - -When he saw the tailor with his measure, he said, “I wish you would give -me that ribbon in your hand.” “It is no ribbon,” said the tailor, “but a -measure to measure you for a new coat; come stand up.” “What!” said he, -“do you think you are tailor enough to make me a coat!” “Yes.” “But you -do not look like it; let me look at your hands and fingers,” and upon -seeing them, he added, “you are no tailor, you look more like -blacksmith, you shall never make a coat for me,” and would not be -measured, but he said he would make it better himself, and wished I -would give him a candle to work by, and he would make himself a -waistcoat. - -He said I need not be afraid of his doing any harm with the candle, he -would put it in the middle of the floor, and take care that his straw -and chips did not take fire and burn up his family, which he could not -live without, as he could not labor for his living. Besides, he said, if -he were so disposed, he could burn up the house without a candle; for, -said he, I can make fire in one hour at any time. “When I was a boy,” -continued he, “every one took notice of me as a very forward boy, and I -obtained a license for shooting when I was but fifteen. One day when -shooting I killed a rabbit on a farmer’s land where I had no right. The -old farmer came after me, and I told him if he would come near me I -would knock him down, but he caught me, and tied me fast to a large -stack of faggots, and sent for a constable. While he was gone I made -fire, and burned up the whole stack, and got off clear; but the old -farmer never knew how the faggots took fire. You do not use faggots in -this country—they are little sticks tied up in bundles, and sold to boil -the tea-kettle with; and if I would give him a candle, he would make a -fire to light it. Accordingly I provided materials for his clothes, and -a lighted candle to work by. He continued to sew by the light of the -candle but a short time and put it away from him, and said he could see -better without it; he completed his waistcoat in the neatest manner, and -occasionally attended to the improvement of his family.” - -August 29th, at evening, many persons came to see his performance, as -was usual, and when they were all gone out, he told me that he had -carved a new figure of Bonaparte; that the first he had made after his -own image and likeness, for he was the man after his own heart, but he -had fallen. God, he said, made man out of the dust of the earth, but he -had made man out of the wood of the earth. - -He had now been in my custody more than a year, and almost every day -developed some new feature of his character, or produced some fresh -effort of his genius. I had had much trouble with him, and my patience -often severely tried; but now I viewed him rather as an object of -commiseration, and I could not think of turning him out of the gaol -naked, destitute and friendless. In such a situation he must starve or -steal, so that his pardon and release must become rather a curse than a -blessing. I represented these things as feelingly as I could to him, -gave him a box to put his family in, and told him he must be ready to -leave the Province on Tuesday morning, and I would procure him a passage -either to Nova Scotia or the United States. To all this he gave no -attention, but asked some frivolous questions about Mohawks and snakes, -and acted the fool, so that I began to conclude that I would now have -much more trouble to get him out of gaol than I formerly had to keep him -in it. - -The next day Judge Pickett and Judge Micheau attended at the court -house, to take the recognizances required of him to appear and plead his -pardon when called upon to do so. After divesting him of his irons, and -furnishing him with decent clothing, it was with much difficulty I could -prevail on him to leave the gaol. However, he finally took one of his -family in one hand, and a pair of scissors in the other, and with much -effort we got him up into one of the jury rooms, when Judge Micheau read -his pardon to him, and explained all the circumstances which united to -produce it, to which, as usual, he gave no attention, but looked about -the room and talked of something else. - -Judge Pickett required his recognizance, and informed him that if he did -not leave the Province immediately he would be taken and tried on two -indictments in the county of York. He took no notice of what was said, -but talked and danced about the room, told the judge he looked like a -tailor, and asked him to give him his shoe string. His pardon, lying on -the table, he caught hold of, and before it could be recovered from him, -he clipped off the seal with the scissors; he said he wanted the ship -that was on it to carry him away with his family. He tore the collar off -his coat, and cut it in pieces with the scissors. Finding that nothing -else could be done with him, I returned him again into prison, when he -said to us that for our using him so kindly, he would, for one shilling, -show us all his performance with his family. Upon which Judge Micheau -gave him half a dollar, and told him to return a quarter dollar change, -and then he would have more than a shilling. He took it, and said it was -a nice piece of money, and put it in his pocket, but the judge could not -make him understand the meaning of change. - -He then performed the exhibition in fine style, but when we were leaving -him he seemed out of humor with Judge Pickett, and told him that he had -thrown stones at him, that he would burn his house, and that this place -would be in flames before morning. He could make a fire in half an hour, -and wanted a fire, and would have a fire, and I should see that he could -make fire. Upon which we left him, without apprehending anything from -his threats more than usual. - -But the next day, the 29th, when entering the gaol for the purpose of -preparing for his removal, I perceived that there was much smoke in the -hall, which I supposed had come from the gaoler’s room, but he said that -no smoke had been caused that morning, but that it proceeded from the -prison door. I immediately opened the door, and found Smith sitting -quite unconcerned before a fire which he had made with the chips of his -carved work, and other materials. He observed to me that fire was very -comfortable, that he had not seen any before for a long time, that he -had made the fire with his own hands, and that he could make it again in -ten minutes; that he could not do without one. I immediately -extinguished the fire, and shut him up in the suffocating smoke, which -did not seem to give him the least inconvenience. The account of his -having made the fire excited the neighbors, who came in to see the feat. -I ordered him to put his family into his box immediately; he took no -notice of my orders. I hastily took down one of them, and laid it in his -box, at which he seemed pleased, and said he would put them all in that -box, and began to take them down very actively, observing that he did -not want assistance from any one, but leave him with the light and he -would have them all ready in half an hour. - - -We left him with the candle, and returning in about an hour, found him -walking the floor, and every thing he had packed up in the box very -neatly. It was remarkable to see with what skill and ingenuity he had -packed them up. I gave him a pair of new shoes and with the box on his -shoulders, he marched off to the boat that I had prepared for his -conveyance, and with three men in the boat we set out with him for the -city of Saint John. On the way he told the gaoler, if he would give him -but one dollar he would teach him the way to make fire on any occasion. -Receiving no reply from the gaoler, he commenced preaching, praying, and -singing hymns, and sometimes acting as if crazy, during the passage -down. We made no stop by the way, and reached Saint John about 8 o’clock -in the evening. - -On his perceiving the moon as she made her appearance between two -clouds, he observed that here was a relation of his that he was glad to -see; that he had not seen one of his name for a long time. On our -arrival at the prison in Saint John, he said he must have a hot supper -with tea, and then wished to be locked up in a strong room, where he -might have all his family out to take the air to-night, else they would -all die in that box before morning. However, we found all the rooms in -the prison occupied, or undergoing repairs, so that there was no place -to confine him. I directed the gaoler to provide him with his supper, -while I would call upon the sheriff to know what would be done with him -for the night, and how he would be disposed of in the morning. I -understood from the sheriff that there was no vessel to sail for the -States for some days, and therefore made up my mind that I should send -him to Nova Scotia. When I returned to the gaol I found Smith at his -supper; when he had finished his tea, he looked into his cup and -remarked that he must not disturb his family to-night; that he there saw -the vessel, then lying at the wharf, that would carry him to his -wife—and there would be crying. While in confinement, the following -letter was received from his wife: - - DEAR HUSBAND—I received your letter of the 22nd Oct., 1815. You say - you have sent several letters—if you have, I have never received them. - You wish me to come and see you, which I would have done, if I had got - the letter in time; but I did not know whether you were in Kingston or - not. My dear, do not think hard of me that I do not come to see you—if - you write back to me I shall come immediately. My dear, as soon as you - receive this letter send me an answer, that I may know what to do; so - no more at present, but that I remain your loving and affectionate - wife. - - H. F. M. S., Kingston. ELIZABETH P. M. S. - -The gaoler, by direction of the sheriff, cleared out a small room above -stairs, with an iron-grated window where we confined him, with his -family, for the night. On the next morning, the 30th of August, finding -that there was no vessel bound for the States, I determined to send him -to Nova Scotia; and happening to meet with my friend, Mr. Daniel Scovil, -he informed me that he had a vessel then lying at the wharf, which would -sail for Windsor, Nova Scotia, in half an hour. I accordingly prevailed -on him to take Smith on board, which was done without loss of time, and -at high water the vessel hauled off from the wharf, to my great -satisfaction and relief. - -While the vessel was getting under weigh, Smith was in the cabin alone, -and seeing a great number of chain traces lying on the cabin floor, he -took them up and threw them all out of the cabin window! “Because,” said -he, “they would get about my neck again.” During the passage he appeared -very active; he played on his fife and was quite an agreeable passenger. -But on the vessel’s arrival at Windsor, he left her immediately without -any ceremony; and notwithstanding the very strong regard which he had -always possessed for his family as he called them, he left them also, -and everything else that he had brought with him. He was seen only a -very short time in Windsor before he entirely disappeared, and never was -known to be there afterwards, but was seen at some distance from -Windsor, in several other places, and recognized by many, but always -carefully evaded being spoken to. - -[Illustration] - - - - - CHAPTER IX. - - Did Not Go to His Wife in Nova Scotia but Made a Tour Committing - Various Depredations—Is Seen in Portland, Maine—Is Heard of at - Boston and New York and Then at New Haven Where He Robbed a - Hotel—Arrest and Escape, Recapture and Conviction. - - -After having made his appearance in different parts of Nova Scotia, he -called at a certain house one morning, on a bye-road, and ordered -breakfast, and asked for a towel also, and a piece of soap that he might -wash at a small brook that was near the house. The woman of the house, -and a maid, were the only persons in the house at the time. Smith left a -large bundle, which he carried, on a chest which was standing in the -room, and went out to wash. The bundle presented rather a singular -appearance, and attracted the young woman’s notice, so that she said to -the other: “I wonder what he has in that bundle. If you will keep watch -at the window while he is washing at the brook, I will open and see what -is in it.” They did so and found a great number of watches, of which -they counted fifteen, with many other valuable articles. - -She tied up the bundle again, and placed it where he had left it and -said, “This man has stolen these watches.” When he came in, he handed -the towel to the young woman, and said, “There were just fifteen -watches, were there?” and with such an expression of countenance, that -she could not refrain from answering, “Yes.” “But,” said he, “you were -mistaken about my stealing them, for I came honestly by them.” Upon -which the young woman instantly recognized him to be Henry More Smith, -and concluded that he was collecting his “hidden treasure,” which he had -deposited while he was in Roden. - -This information I received from Mrs. Beckwith, a respectable lady from -Nova Scotia, who resided at the time in that neighborhood, who also said -it was not known that he had ever seen his wife at that time, from the -time of his release from confinement. The next account I heard of him -stated that he had been seen on board of a plaster vessel at Eastport, -but he was not known to have been on shore during the time she remained -there. He employed himself while on board engraving a number of small -articles, some of which he made presents of to young ladies who chanced -to come on board. - -He was next seen at Portland, by a gentleman who had known him at -Kingston; nothing, however, transpired there concerning him, only that -he was travelling with considerable weight of baggage through the State -of Maine, which gave rise to the following ludicrous story, which I saw -published at Eastport, of a Mysterious Stranger travelling in a stage. -One cold and stormy night, the bar-room of an hotel was filled with -sturdy farmers surrounding a cheerful fire, and discussing the affairs -of state over a mug of flip. The night having been tremendously stormy -and wet, the wind whistling all around the house, and making every door -and window rattle, the landlord expressed much fear for the safety of -the stage coach; but suddenly the sound of a distant stage-horn -announced the approach of the coach and removed the landlord’s anxiety. -He replenished the fire, that the approaching travellers might have as -warm a retreat as possible from the unusual inclemency of the night. - -Some time passed, and yet the expected coach did not come up. The -landlord’s fears grew up anew, and with an expression of concern he put -the question around, “Did not some of you hear a horn?” and added, “I -have expected the stage a long time, and I thought that a few minutes -ago I heard the horn near at hand; but I fear that something has -happened in the gale that has caused it to be thus belated.” “I thought -I heard the stage-horn some time ago,” answered the arch young farmer -Hopkins; “but then you must know that ghosts and witches are very busy -on such nights as this, and what kind of pranks they may cut up we -cannot tell. You know the old adage,—“Busy as the devil in a gale of -wind.” Now who knows but they may have——” Here he was interrupted by the -sudden opening of the door, accompanied by a violent gust of wind and -the dashing of rain, when in rushed from the fury of the storm, drenched -with wet from head to foot, a tall stranger, dressed in a fur cap and -shaggy great coat. - -From an impulse of politeness and respect, not unmingled with fear, all -arose on his entrance,—the expression “The devil in a gale of wind,” -rushing upon their minds with a signification to which a profound -silence gave expressive utterance. The stranger noticed their reserved -yet voluntary respect with a slight nod, and proceeded to disencumber -himself of his wet clothes and warm his fingers by the fire. By this -time the driver entered bearing the baggage of his passenger. “The worst -storm I was ever troubled with blowing right in my teeth, and I guess -the gentleman there found it the same.” Here a low whisper ensued -between the driver and the landlord, from which an unconnected word or -phrase dropped upon the ear of the inmates. “Don’t know,—came in the,—as -rich as a mine,” &c. Upon this information the landlord immediately took -his wet garments and hung them carefully before the fire. “I hope that -your wetting will not injure your health, sir.” “I hardly think it will, -my good friend; I am no child to catch cold from a ducking.” “Shall I -show you a room, sir?” said the landlord. “We can let you have as good a -room and as comfortable a supper as any in the country.” - -The stranger was immediately conducted into a handsome parlor, in which -blazed a cheerful fire; and in a short time a smoking supper was placed -on the board. After supper was over, he called the landlord into his -room, and sent for his trunk. “I like your accommodations,” accosting -the landlord, “and if you like my proposals equally well, I will be your -guest for some time, though I know not how long. Nay, I shall stay at -any price you please—but remember, I must have my rooms to myself, and -they must not be entered without my leave; and whatever I do, no -questions to be asked. Do you consent to these terms?” “I do sir,” -replied the landlord, “and you shall not have cause to complain of your -treatment.” “Very well,” rejoined the stranger, “then the agreement is -completed. You may go now.” “Yes, sir,” replied the landlord, “but what -may I call your name, sir?” “Beware, you have broken the bargain -already,” replied the stranger. “I forgive you for this once only; now -ask no more questions, or you will certainly drive me from your house.” - -After this the landlord returned to his bar-room, from which the merry -farmers had not yet withdrawn, but were endeavoring to penetrate the -mystery that hung around the stranger. “Well, landlord,” said the arch -Hopkins, “what do you make him out to be?” “That is a question I dare -hardly answer. He is a gentleman, for he does not grudge his money.” “I -would not think he should,” replied Hopkins, shaking his head -mysteriously. “And why not?” exclaimed several of the company. “Ah, just -as I thought,” returned Hopkins, with another shake of the head and -significant look at the landlord. “What, in the name of all that’s -silly, is the matter with you, Hopkins?” exclaimed the landlord. “What -on earth can you know?” “I know what I know,” was his reply. - -“Rather doubtful, that,” rejoined the landlord. - -“You doubt it,” returned Hopkins, rather warmly; “then I will tell you -what I think him to be; he is nothing more or less than a pirate; and -you will all be murdered in your beds, Smith, (which was the landlord’s -name,) you and your whole family, before morning. Now what think you of -your guest?” - -All the company stood aghast, and stared at each other in silence for -some time, until the landlord again ventured to interrupt the silence by -asking Hopkins “How do you know all that?” Hopkins answered, in rather a -silly manner, “I guessed at it,” which did away with the effect produced -by his previous assertions; and the landlord dismissing his fears, -exclaimed, “As long as he pays well, be he man or devil, he shall stay -here.” “A praiseworthy conclusion,” proceeded from a voice at the back -part of the room, and at that instant the mysterious stranger stood -before them. All started to their feet, seized their hats and waited to -ask no questions, nor make additional comments, but went home and told -their wives of Smith’s guest, and Hopkins’ opinion of his character. - -Every woman fastened her door that night with suspicious care, and the -mysterious stranger, and the delineation of his real character by -Hopkins, became a subject of general conversation and comment throughout -the village, and gradually became the received opinion among all the -settlers, so that they set down the mysterious stranger for what Hopkins -guessed him to be, and concluded that the articles which composed his -baggage could not have been obtained honestly. - -The stranger, finding now the conversation turned upon him, did not -think it prudent to protract his stay in this place, and proceeding to -Boston in the coach, was known from that time by the name of Maitland. -He reached Boston about the 1st of November, where it was supposed he -must have, in some way, disposed of much of his treasures. From thence -he proceeded for New York; on the 7th November arrived at New Haven in -the Boston stage coach, by the way of New London, with a large trunk -full of clothing, a small portable desk, and money in his pockets. He -was dressed in a handsome frock coat, with breeches, and a pair of top -boots, and remained at the steamboat hotel several days. While he -remained there, he always ate his meals alone, and preferred being alone -in different parts of the hotel at different times, every part of which -he had an opportunity of becoming acquainted with, while he remained -waiting for the arrival of the steamer from New York. - -The hotel was then kept by Mr. Henry Butler; and, as it afterwards -appeared, the traveller found his way by means of keys, into Mr. -Butler’s desk and sideboards, as well as every part of the house. He -left New Haven in the steamboat at 5 a.m. on the 10th November, 1815. -After his departure from New Haven, Mr. Butler’s servants discovered -that their whole quantity of silver spoons, to the number of four or -five dozen, which had been carefully put away in a side-board was -missing, and not to be found on the premises; and it was found, upon -further search by Mr. Butler, that a watch and several other articles, -with money from the desk, had sympathetically decamped with the spoons. -Mr. Butler imagined that the theft must be chargeable on some lodger in -the hotel, and immediately fixed his suspicions upon Smith, whose -appearance and movements about the house furnished suspicions too strong -to pass unnoticed. - -Mr. Butler, without loss of time, set out for New York, and arriving -there before the boat that carried the adventurer, he furnished himself -with proper authority, and boarded the boat in the stream. After Mr. -Butler had made some enquiries of Captain Bunker, who could not identify -the traveller among all his passengers, Smith made his appearance from -some part of the engine room and was immediately ordered by Mr. Butler -to open his trunk, with which he complied unhesitatingly; but the trunk -did not disclose the expected booty. There was, however, in the trunk a -very neat portable writing desk, which he refused to open, and Mr. -Butler could not find out how it was fastened. However, he called for an -axe to split it open, upon which Smith said, “I will show you,” and, -touching a spring, the lid flew open. The desk contained a set of neat -engraving tools, with old silver rings and jewelry, amongst which Mr. -Butler perceived a small ear-ring, which he supposed belonged to a young -lady that had slept in his house, and laid her ear-rings on a stand at -the head of her bed, which were missing the next morning. After her -departure one of the rings was found at the door of the hotel. Upon the -evidence of this single ear-ring, he was arrested and put into the -Bridewell in the city of New York. - -The keeper of the Bridewell at that time was Archimial Allen, an old -friend of mine, and a man of respectable character. On my visit to New -York afterwards, I called on Mr. Allen, and enquired the particulars -concerning W. H. Newman, (for this was the name he had assumed then) -while in his custody. He informed me that when he was put in he behaved -for some time very well; that he offered him a book; but he could -neither read nor write a word. He soon began to complain of being sick -from confinement, raised blood, and seemed so ill that a doctor attended -him, but could not tell what was the matter with him. However, he kept -up the farce of being ill until he was removed from Bridewell to New -Haven, there to take his trial at the Supreme court in January. - -His change of situation had the effect, as it would seem, of restoring -his health, which brought along with it that display of his ingenuity -which the peculiarity of his new situation seemed to call forth. During -the period of his confinement at New Haven, he amused himself by carving -two images—one representing himself, and the other Butler, in the -attitude of fighting. And so mechanically had he adjusted this -production of his genius, that he would actually cause them to fight, -and make the image representing himself knock down that of Butler, to -the wonder and amusement of many that came to see him. By his -insinuating manner and captivating address, he not only drew forth the -sympathies of those who came to visit him, but even gained so far upon -their credulity, as to induce a belief that he was innocent of the crime -with which he was charged. - -The lapse of a few days, however, made impressions of a different -nature. The January Court term drew nigh, at which our prisoner was to -receive his trial, but on the very eve of his trial, and after the Court -had been summoned, he, by the power of a mind which seldom failed him in -the hour of emergency, contrived and effected his escape in the -following curious and singular manner. And here it will be necessary to -give some description of the prison, with the situation of the -apartments, which the writer was himself, by the politeness of the -keeper, permitted to survey. There was a wide hall leading from the -front of the County House, and from this hall, two separate prisons were -entered by their respective doors; between these doors a timber -partition crossed the hall, having in it a door also, to allow an -entrance to the inner prison. The object in having this partition, was -to prevent any intercourse between the two prison doors, and it was so -placed as to leave a distance of about two feet on each side between it -and the prison doors respectively. Newman, (for this it will be -remembered is the name by which our prisoner is now known); was confined -in the inner prison. - -The doors of the prison opened by shoving inwards, and when shut were -secured by two strong bolts, which entered into stone posts, with clasps -lapped over a staple, to which were fixed strong padlocks. These -padlocks, our prisoner, by some means, managed to open or remove, so -that he could open the door at pleasure, and fix the padlocks again in -so geniously, that it could not be detected from their appearance. On -the night of the 12th January, at the usual time of feeding the -prisoners, Newman, availing himself of these adjustments, opened his -door, came out, and replacing the locks, took his stand behind the door -of the partition, which, when open, would conceal him from observation. -The prisoners in the other apartments received their supply first, and -the instant when the servant was proceeding from the door to go and -bring Newman’s supper, he stepped through the partition door, which had -been first opened and not shut again, and followed the servant softly -through the hall to the front door, and walked away undiscovered! When -the servant returned with his supper to the wicket, she called him, but -receiving no answer, placed his supper inside of the wicket, saying, -“you may take it or leave it; I am not going to wait here all night.” -She then secured the outer door, and so the matter rested till the -morning. - -The next morning, finding that the prisoner had not taken his supper, -the servant observed to the keeper, that she feared Newman was dead, for -he had not taken his supper; and she called him, but could not hear or -see anything of him. Upon this, the keeper came with his keys to unlock -the door, and to his utter astonishment, found both locks broken and the -prison empty. The keeper made known the matter to the sheriff, and on -the 13th, the day subsequent to his escape, the following notice was -inserted in the Connecticut Journal: - - “BEWARE OF A VILLAIN!—One of the most accomplished villains that - disgraces our country, broke from the jail in this city on Friday - evening last, between the hours of five and six o’clock, and succeeded - in making his escape. The fellow calls himself Newman, and was bound - over for trial at the sitting of the next Supreme Court, on the charge - of burglary, having robbed the house of Mr. Butler, of plate, money, - etc. He is supposed to be an Englishman, and is undoubtedly a most - profound adept in the arts of knavery and deception. He speaks the - English and French languages fluently, and can play off the air of a - genteel Frenchman with the most imposing gravity. He is of middling - stature, slender and active, and appears to possess an astonishing - variety of genius. He is sick or well, grave or gay, silent or - loquacious, and can fence, box, fight, run, sing, dance, play, - whistle, or talk, as occasion suits. He amused himself while in - prison, by making and managing a puppet show, which he performed - apparently with such means as to excite the wonder of the credulous, - having a piece of an old horse-shoe, whetted on the wall of his - dungeon, as the only instrument of his mechanism, and complaining only - of the scarcity of timber to complete his group. He had the address, - by an irresistable flow of good humor and cheerfulness, to make some - believe that he was quite an innocent and harmless man; and excited - sympathy enough in those who had the curiosity to see him, to obtain - several gratifications which prisoners do not usually enjoy; yet the - depth of his cunning was evinced in accomplishing his means of escape, - which he effected by sawing a hole in the prison door, which is - several inches thick, so neatly, that the block could be taken out and - replaced without any marks of violence. Through this hole he could - thrust his arm, and by wrenching off strong padlocks, and shoving back - the bolts, at the hour of supper, when the person who waited on the - prisoners was giving them their food, found a free passage to the hall - of the counting house, and thence to the street.” - -The saw which he used in cutting the door of the prison, is supposed to -have been one which he stole on board the steamboat Fulton, on his -passage from New York to New Haven, and so artfully did he conceal the -saw, though repeatedly searched both before and after his confinement, -at the suggestion of Capt. Bunker, that he retained it about his person -until by its means he effected his escape. - -About the time that Newman made his elopement, Mr. Butler happened to be -in New York, and on his return by land, he met Newman travelling -leisurely along, a few miles distant from the city. Mr. Butler readily -recognized him, and immediately instituted a pursuit, but he baffled his -attempt to apprehend him and made his retreat into the woods. Upon this -Mr. Butler engaged a party of men, with dogs and fire-arms to ferret him -out if possible, but he had vigilance and art sufficient to elude their -efforts to take him. - -The next morning after the chase, he made his appearance at a certain -house, where he found the table placed for the family breakfast, and -without invitation or ceremony, sat down at the table and began to eat. -While he was eating he observed to the family, that he would not let -them take him yesterday—referring to his pursuers. “Was it you they were -after?” enquired some of the family. “Yes, but I would not let them find -me.” “How came you from New Haven?” was next enquired. “I staid a great -while,” he replied, “but they did not find anything against me, only -that a young woman pretended to say that I had an ear-ring of hers which -belonged to my wife, which was not worth waiting for, and so I came -away.” - -Here, however, he was apprehended, and sent again to Bridewell; but when -he came there, he denied being the man, and had so altered his -appearance and dress, that no one knew him, until Mr. Allen, the keeper -of the prison at New Haven, came and recognized him. He took him in -charge at the Bridewell and returned with him to New Haven in the -steamboat. On his arrival at the county house, the sheriff had him -closely searched, to see that he had no saws, or any other instruments -by which he might effect another escape. After the search, he was -confined in the criminal’s room, handcuffed, with a shackle about one of -his legs, to which was attached a long iron chain firmly stapled to the -floor, and in company with two negro boys who were confined for -stealing. - -In this situation he was left in the evening; and the next morning, when -the keeper came to the door of his prison, he found him walking the room -smoking his pipe, with the chain on his shoulder, and the handcuffs in -his hand, which he presented to the keeper, saying, “you may take these, -they may be of use to you, for they are of no use to me.” The keeper, on -attempting to open the door, found that he had not only drawn the -staple, but had raised the floor also, which was of strong plank firmly -fastened to the sleepers with spikes. The heads of some of the spikes -were drawn through the planks which he had taken up, and with which he -had so barricaded the door that the keeper attempted in vain to enter. -Upon this, he called upon the sheriff, who came and ordered the prisoner -to open the door, to which he replied from within, “My house is my -castle, and none shall enter alive without my leave.” The sheriff then -ordered the two colored boys (who stood trembling with fear) to come and -remove the fastening from the door, but the prisoner told them that -death would be their portion if they attempted it. - -The sheriff finding him determined not to open the door, and having -attempted in vain to get in by other means, sent for a mason, and -ordered him to break an opening through the brick partition which -divided the lower room. When the mason commenced operations on the wall, -Newman said to the sheriff, “It is no use to make a hole through the -wall, for I could kill every vagabond as fast as they put their heads -in, but if the sheriff will bring no one in but gentlemen, I will open -the door for him.” - -The door was then opened, and the sheriff went in and secured him; and -soon after, more strongly, with additional irons and chains. Finding -himself now overpowered, and another escape rather hopeless, he had -recourse to his old scheme of yelling and screaming like anything but -the human voice, and seemingly in every part of the house. This he kept -up all night, until the whole town was literally alarmed. A special -court was therefore immediately called, and in a few days he was brought -to his trial. - -The trial was brought on as a case of burglary, the prisoner having -entered a chamber of Mr. Butler’s, and stole an ear-ring belonging to a -young lady then lodging at the house. Newman obtained counsel to plead -his case; but not being satisfied with the manner in which the trial was -conducted, he pleaded his own case, in which he maintained that the -ear-ring did not belong to the lady, but to his own wife; that very -_like_ was not the same, and that the evidence before the court did not -establish the charge. He was found guilty, however, and sentenced to -three years confinement in the Newgate, Simsbury Mines, which was -considered rather a stretch of power, on account of his infamous and -notorious character. He was consequently sent off next day to the place -of his future confinement and labor, ironed and chained, and in a wagon -under a strong guard. - -[Illustration] - - - - - CHAPTER X. - - Seen in the Connecticut Prison by Sheriff Bates He Denies That He is - Henry More Smith—After His Release from Prison He Robbed a - Passenger in the Boston Coach—Visits Upper Canada as a - Smuggler—Turns up as a Preacher in the Southern States—Is Arrested - in Maryland for Theft—Possibly Finished His Career in Toronto. - - -After I arrived in New Haven, where I was put in possession of these -particulars concerning him, no person was known in the United States who -could identify him to be the noted Henry More Smith but myself. I was -consequently requested, for the gratification of the public, to go to -Simsbury Mines to see him. I had the curiosity to see how he conducted -himself at Newgate, and proceeded to Simsbury, about fifty miles, for -the purpose. On my arrival at Simsbury, I enquired of Capt. Washburn, -the keeper of the prison, how Newman conducted himself. He answered that -he behaved very well; that he heard that he was a very bad fellow, but -he had so many that were worse he did not think anything bad in Newman. -I further enquired of the keeper what account Newman gave of himself, -and what he acknowledged to have been his occupation. His answer to -these enquiries were, that he professed to be a tailor, if anything, but -he had not been accustomed to much hard work, as he had always been -subject to fits; that his fits were frightful, and that in his agony and -distress he would turn round on his head and shoulders like a top, and -he was so bruised and chafed with his irons in his convulsive agonies, -that he had taken the shackles off his legs, so that now he had only one -on one leg. This was as convincing to me as possible that he was my old -friend Smith. - -The captain asked me if I had a wish to liberate him. I replied, my -object was to ascertain whether he were a prisoner I had in my custody -more than twelve months, and that if he were, he would know me -immediately, but would not profess to know me. Accordingly, when he was -brought into my presence in the captain’s room, he maintained a perfect -indifference, and took no notice of me whatever. I said to him, “Newman, -what have you been doing that has brought you here?” “Nothing,” said he, -“I had an ear-ring with me that belonged to my wife, and a young lady -claimed it and swore it belonged to her, and I had no friend to speak in -favor of me, and they sent me to prison.” I then asked him whether he -had ever seen me before. He looked earnestly upon me and said, “I do not -know but I have seen you at New Haven, there were many men at court.” -“Where did you come from?” His reply was, “I came from Canada.” “What -countryman are you?” “A Frenchman, born in France.” He had been in -London and Liverpool, but never at Brighton. “Was you ever at Kingston, -New Brunswick?” He answered, “No, he did not know where that was,” with -a countenance as unmoved as if he had spoken in all the confidence of -truth. - -He appeared rather more fleshy than when at Kingston; but still remained -the same subtle, mysterious being. I understood that he was the first -that had ever effected an exemption from labor in that prison by or on -any pretence whatever. He kept himself clean and decent, and among the -wretched victims who were daily brought from the horrid pit in chains -and fetters to their daily labor of making nails, William Newman -appeared quite a distinguished character. So obtuse was he that he could -not be taught to make a nail, and yet so ingenious was he, that he made -a jew’s harp to the greatest perfection, without being discovered at -work and without its being known until he was playing on it. - -It was in the city of New Haven that the author published the first -edition of these Memoirs, being aware that here, where his character and -unprecedented actions were perfectly known throughout the country, the -publication of his doings at Kingston, and his career throughout the -Provinces of New Brunswick and Nova Scotia would not only be desirable -and acceptable, but would also be received with less scrupulousness, -when brought, as it were, in contact with facts of a similar nature -publicly known and believed. - -While these papers were being prepared for the press, a gentleman from -Washington, Major McDaniel, on his return from Boston, boarded some time -in the same house with me, that of Mr. Joseph Nichols, and having heard -some details from me of his unprecedented character and actions in New -Brunswick, and having also become acquainted with the facts relating to -his imprisonment and escape, etc., in that place, could not repress his -curiosity in going to see him, and requested me to accompany him at his -own expense. He observed that it would be a high gratification to him, -on his return to Washington, that he would not only have one of my books -with him, but would also be able to say that he had personally seen the -sheriff from New Brunswick that had written the book, and had seen the -remarkable character in the prison of Newgate that had constituted the -subject of the book, and also the prison of New Haven from which he -escaped. - -Accordingly we set out from Newgate, and my friend had the satisfaction -of seeing the noted Henry More Smith, now William Newman. On our leaving -him, I said to him, “Now, Smith, if you have anything you wish to -communicate to your wife, I will let her know it.” He looked at me and -said, “Sir, are you going to the Jerseys?” “Why do you think your wife -is there?” “I hope so; I left her there,” was his reply, and that with -as much firmness and seeming earnestness as if he had never before seen -my face. After I had left him and returned to New Haven, and furnished -the printer with this additional sketch, and had the Memoirs completed, -one of the books was shown to him, which he perused with much attention -and replied with seeming indifference that there never was such a -character in existence, but that some gentleman travelling in the United -States had run short of money, and had invented that book to defray his -expenses! - -Immediately after he had read the Memoirs of his own unparalleled life -and actions, and pronounced the whole a fiction, as if to outdo anything -before recited of him, or attributed to him, he added the following -remarkable feat to the list, already so full of his singular and -unprecedented actions. In the presence of a number of young persons, and -when there was a fine fire burning on the hearth, he affected to be -suddenly seized with a violent convulsive fit, falling down on the floor -and bounding and writhing about as if in the most agonizing suffering. -And what constituted the wonder of this masterpiece of affectation was, -that in his spasmodic contortions his feet came in contact with the -fire, and were literally beginning to be roasted, without his appearing -to feel any pain from the burning. This circumstance confirmed the -belief in the bystanders that the fit was a reality; and he did not miss -his aim in showing off his spasmodic attack, which was indeed done to -the life. He was consequently exempted from hard labor, and was -permitted to employ himself in any trifling occupation he chose, or in -making jew’s harps, pen-knives, knives of various descriptions, and -rings, in the mechanism of which he displayed much original talent and -characteristic ingenuity. Many persons, from mere curiosity, purchased -among the rest may be instanced the case of two young men, who very much -admired his small pen-knives, and proposed purchasing two of them on -condition of his engraving his name on the handles of them. He -immediately engraved, with perfect neatness, “Henry More Smith,” on one -side of one of them, “William Newman,” on the other side, and on the -other knife he engraved, “Mysterious Stranger.” These knives were kept -by their owners as curiosities, and many persons were much gratified by -seeing them. One of them was sometime after brought to Kingston, and I -myself had the gratification of seeing the name of my old domestic -engraved on the handle. - -Under the indulgent treatment he received in Newgate, he became -perfectly reconciled to his situation, manifesting no desire to leave -it. “Contentment” he said, “is the brightest jewel in this life, and I -was never more contented in my life.” Consequently he never attempted -any means of escape. - -After the period of his imprisonment was up, and he had received his -discharge, he left with the keeper of the prison a highly finished -pocket-knife, of moderate size, the handle of which contained a watch, -complete in all its parts, keeping time regularly. And what excited much -wonder in reference to this ingenious and singularly curious piece of -mechanism, was the fact that he had never been found at work on any part -of the watch or knife, and yet there was no doubt in the minds of those -who saw it that it was in reality the production of his own genius, and -the work of his own hands. For this information I was indebted to a -gentleman named Osborne, who resided in the neighbourhood, and who -stated that he had seen the watch and knife himself, and that it was -regarded by all as a most wonderful piece of ingenuity. - -He left Simsbury decently apparelled, and with some money in his pocket, -and in possession of some articles of his own handiwork. He directed his -course eastward, and was seen in Boston; but for some time nothing -particular or striking was heard of him. The first thing concerning him, -that arrested public attention, was published in the Boston Bulletin, -and which came under my own eye: - - BEWARE OF PICKPOCKETS!—As the stage coach, full of passengers, was on - its way to this city a few evenings since, one of the passengers rang - the bell, and cried out to the driver to stop his horses, as his - pockets had been picked of a large sum of money since he entered the - coach; and at the same time requested the driver would not let any of - the passengers get out of the coach; it being dark, until he, the - aforesaid passenger, should bring a light in order to have a general - search. This caused a general feeling of pockets among the passengers, - when another passenger cried out that his pocket-book had also been - stolen. The driver did as directed until the gentleman who first spoke - should have time to have procured a lamp, but whether he found it or - not remained quite uncertain. But no doubt he found the light he - intended should answer his purpose, as he did not make his appearance - in any other light. However the passenger who really lost his - pocket-book, which, although it did not contain but a small amount of - money, thinks he shall hereafter understand what is meant when a man - in a stage coach calls out thief, and that he will prefer darkness - rather than light, if ever such an evil joke is offered to be played - with him again. - -As he was continually changing his name, as well as his place, it was -impossible always to identify his person, especially as few persons in -the United States were personally acquainted with him. The difficulty of -recognizing him was not a little increased also by the circumstances of -his continually changing his external appearance; and the iniquitous -means by which he could obtain money and change of apparel, always -afforded him a perfect facility of assuming a different appearance. In -addition to these circumstances also, as a feature of character which no -less contributed to the difficulty of identifying him, must be taken -into account his unequalled and inimitable ease in affecting different -and various characters, and his perfect and unembarrassed composure in -the most difficult and perplexing circumstances. To the identity and -eccentricity, therefore, of his actions, rather than to our knowledge of -the identity of his person and name, we must depend, in our future -attempts to trace his footsteps and mark their characteristic points. - -On this ground, therefore, there is not the shadow of a doubt that the -robbery committed in the stage coach, and that the originality of the -means by which he carried off his booty pointed with unhesitating -certainty to the noted character of our narrative. After this -depredation in the coach, with which he came off successful, it would -appear that he bended his course in disguise through the States of -Connecticut and New York, assuming different characters and committing -many robberies undiscovered and even unsuspected for a length of time, -and afterwards made his appearance in Upper Canada in the character of a -gentleman merchant from New Brunswick with a large quantity of smuggled -goods from New York, which he said was coming on after him in wagons. -These, he said, he intended to dispose of on very moderate terms, so as -to suit purchasers. - -Here he called upon my brother, Augustus Bates, Deputy Postmaster, at -Wellington Square, head of Lake Ontario, and informed the family that he -was well acquainted with Sheriff Bates at Kingston, and that he called -to let them know that he and his family were well. He regretted very -much that he had not found Mr. Bates at home, and stated that he was -upon urgent and important business and could not tarry with them for the -night, but would leave a letter for him. This he accordingly did, -properly addressed, and in good handwriting; but when it was opened, and -its contents examined, no one in the place could make out the name of -the writer, or read any part of the letter! It appeared to have been -written in the characters of some foreign language, but it could not be -decyphered. This was another of his characteristic eccentricities, but -his intention in it could not be well understood. - -He did not appear to make himself particularly known to the family, nor -to cultivate any further acquaintance with them, but proceeded thence to -the principal boarding house in the town and engaged entertainments for -himself and thirteen other persons, who, he said, were engaged in -bringing on his wagons, loaded with his smuggled goods. Having thus -fixed upon a residence for himself and his gang of wagoners, he then -called upon all the principal merchants in the town, on pretence of -entering into contracts for storing large packages of goods, and -promising to give great bargains to purchasers on their arrival, and in -some instances actually received money as earnest on some packages of -saleable goods, for the sale of which he entered into contracts. It may -be remarked, by the way, that he wrote also in an unknown and -unintelligible hand to the celebrated Captain Brant, the same as he had -written to Mr. Bates, but with what view was equally mysterious and -unaccountable. - -Notwithstanding his genteel and respectable appearance, there was a -singularity in his manner and conduct which, with all his tact and -experience, he could not altogether conceal, and hence arose some -suspicions as to the reality of his pretensions. These suspicions -received confirmation, and were soon matured into the reality of his -being a genteel imposter, from the fact that the time for the arrival of -his wagons was now elapsed, and that they were not making an appearance. -At this juncture, when public attention and observation were directed to -the stranger to observe which way the balance would turn, an individual -named Brown, who had formerly resided in New Brunswick, and moved with -his family to Canada, coming into contact with the gentleman, recognized -him from a certain mark he carried on his face to be the far-famed Henry -More Smith, whom he had seen and known when in gaol at Kingston. - -This report passing immediately into circulation, gave the imposter a -timely signal to depart, without waiting for the arrival of his wagons -and baggage, and without loss of time he took his departure from Canada, -by the way of Lake Erie, through the Michigan Territory, and down the -Ohio to the Southern States. With his proceedings during this course of -his travels we are entirely unacquainted; therefore the reader must be -left to his own reflections as to his probable adventures as he -travelled through this immense tract of country. There is no reason for -doubt, however, that he had by this time, and even long before, become -so confirmed in his iniquitous courses that he would let no occasion -pass unimproved that would afford him an opportunity of indulging in the -predominant propensity of mind which seemed to glory in the prosecutions -of robberies and plunder, as well as in the variety of means by which he -effected his unheard of and unprecedented escapes. - -After his arrival in the Southern States, we are again able to glean -something of his life and history. While he was yet in the gaol at -King’s county, it will be remembered that he said he had been a -preacher, and that he should preach again, and would gain proselytes; -and now his prediction is brought about, for under a new name, that of -Henry Hopkins, he appeared in the character of a preacher in the -Southern States! And what wonder? For Satan himself is transformed into -an angel of light. Here, even in this character he was not without -success, for he got many to follow and admire him; yet deep as his -hypocrisy was, he seemed to be fully sensible of it, although his -conscience had become seared, and was proof against any proper sense of -wrong. He acknowledged that he had been shocked to see so many follow -him to hear him preach, and even to be affected under his preaching. - -Our source of information does not furnish us with any of the -particulars which marked his conduct while itinerating through the South -in his newly assumed character; yet general accounts went on to say that -he had, for a length of time, so conducted himself that he gained much -popularity in his ministerial calling, and had a considerable number of -adherents. However, this may have been the case for a length of time, -yet as the assumption of this new character could not be attributable to -any supernatural impulse, but was merely another feature of a character -already so singularly diversified, intended as a cloak under which he -might, with less liability to suspicion, indulge the prevailing and all -controlling propensities of his vitiated mind, it was not to be -expected, with all the ingenuity he was capable of exercising, that he -would long be able to conceal his real character. Accordingly, some -misdemeanor, which we have not been able to trace, at length disclosed -the hypocrisy of his character, and placed him before his deluded -followers in his true light. - -It would appear, whatever might have been the nature of his crime, that -legal means were adopted for his apprehension, and that in order to -expedite his escape from the hands of justice, he had seized upon a -certain gentleman’s coach and horses and was travelling in the character -of a gentleman in state, when he was overtaken and apprehended in the -State of Maryland. Here he was tried and convicted, and sentenced to -seven years imprisonment in the state prison in Baltimore, which, from -the nature of the climate, was generally believed would terminate his -career. The particulars of this adventure I received in the city of New -York in 1827, where I took much pains to obtain all possible information -concerning his proceedings in the Southern States while passing under -the character of a preacher. - -In 1833 it so happened that I had occasion to visit the city of New York -again, when I renewed my enquiries concerning him, but to no effect; no -sources of information to which I had access yielded any account of him, -and the most rational conjecture was that he either terminated his -course in the state prison at Baltimore, or that one day, should he -outlive the period of his confinement and be again let loose upon the -peace of society, some fresh development of his character would point -out the scene of his renewed depredations. - -In this painful state of obscurity I was reluctantly obliged to leave -the hero of our narrative on my return from New York. - -Another year had nearly elapsed before any additional light was thrown -upon his history; but in an unexpected moment, when the supposition of -his having ended his career in the prison at Baltimore was becoming -fixed, I received, by the politeness of a friend, a file of the _New -York Times_, one of the numbers of which contained the following -article, bringing our adventurer again full into view in his usual -characteristic style: - - “POLICE OFFICE—ROBBERY AND SPEEDY ARREST: A French gentleman from the - South, (so represented by himself), who has for a few weeks past under - the name of Henry Bond, been running up a bill and running down the - fare, at the Francklin House, was this afternoon arrested at the - establishment on the ungentlemanly charge of pillaging the trunks of - lodgers. Since his sojourn a variety of articles had disappeared from - the chambers of the hotel, and amongst the rest about two hundred - dollars from the trunk of one gentleman. No one, however, had thought - of suspecting the French gentleman, who was also a lodger, until this - morning, when, unfortunately for him, his face was recognized by a - gentleman who knew him to have been in the state prison at Baltimore. - However, on searching him, which he readily complied with, not one - cent of the money could be found either upon his baggage or his - person; but in lieu thereof, they found him possessed of a large - number of small keys, through which, no doubt, he found means of - disposing of any surplus of circulating medium, whereupon his quarters - were changed to Bridewell until the ensuing term of General Sessions.” - -Here he remained in confinement until the period of his trial came -round, when, for want of sufficient evidence to commit him to the state -prison, he was thence discharged, and the next account we hear of him -brings him before our view under the name of Henry Preston, arrested in -the act of attempting to rob the Northern Mail Coach, as will appear by -the following article extracted from the _Times_: - - POLICE OFFICE, Monday, Feb. 22nd, 1835—Just as this office was closing - on Saturday evening, a very gentlemanly looking man, decently dressed, - calling himself Henry Preston, was brought up in the custody of the - driver and guard of the Northern mail stage who charged him with an - attempt to rob the mail. The accusers testified that within a short - distance of Peekskill they discovered the prisoner about a hundred - yards ahead of the stage, and on approaching nearer they saw him jump - over a fence, evidently to avoid notice. This, of course, excited - their suspicion, and they kept an eye to the mail which was deposited - in the boot. In the course of a short time the guard discovered the - rat nibbling at the bait, and desiring the driver not to stop the - speed of the horses, he quietly let himself down and found the - prisoner actively employed loosening the strap which confines the - mail-bag! He was instantly arrested, placed in the carriage and - carried to town free of expense. Having nothing to offer in - extenuation of his offence, Mr. Henry Preston was committed to - Bridewell until Monday for further investigation. - - POLICE OFFICE, Monday morning—This morning, Henry Preston, committed - for attempting to rob the Northern Mail, was brought up before the - Sitting Magistrates, when the High Sheriff of Orange county appeared - and demanded the prisoner, whose real name was Henry Gibney, as a - fugitive from justice? He stated that the prisoner was to have been - tried for grand larceny, and was lodged in the House of Detention at - Newburgh, on Thursday, under care of two persons—that in the course of - the night he eluded the vigilance of his keepers, escaped from - confinement, and crossed the river on the ice, and had got down as far - as Peekskill where he says he attempted to get on top of the stage - that he might get into New York as soon as possible. - -By order of the judges the prisoner was delivered up to the sheriff of -Orange County, to be recognized there for his trial for the offence with -which he was originally charged, at the next general session of the -Supreme Court. But before the time came round he had, as on most former -occasions, contrived to make his escape, and directed his course towards -Upper Canada. - -Of the particular manner of his escape, and his adventures on his way -through to Canada we can state nothing with certainty; but like all his -previous movements, we may hazard the conjecture that they were such as -would do the usual honor to his wretched profession. Yet, with all his -tact, he could not always escape the hands of justice; and hence his -course is not unfrequently interrupted, and his progress impeded by the -misfortunes of the prison. It is owing to this circumstance that we are -enabled to keep pace with him in Upper Canada, where we find him -confined in the gaol of Toronto under the charge of burglary. - -For this information the writer is indebted to his brother, Mr. Augustus -Bates, residing in Upper Canada. From his letter, dated 4th August, -1835, we make the following extract, which will point out the -circumstances which have guided us in endeavoring to follow up the -history of the Mysterious Stranger to the present time: - - DEAR BROTHER—I now sit down to acknowledge the receipt of a number of - your letters, especially your last by Mr. Samuel Nichols, in which you - mentioned that you were writing a new edition of ‘More Smith.’ I have - to request that you will suspend the publication until you hear from - me again. There is a man now confined in Toronto gaol who bears the - description of More Smith, and is supposed to be the same. Many things - are told of him which no other person could perform. I will not - attempt to repeat them, as I cannot vouch for their truth. From - current reports I was induced to write to the sheriff, who had him in - charge, requesting him to give me a correct account of him. I have not - heard from the sheriff since I wrote; perhaps he is waiting to see in - what manner he is to be disposed of. Report says the man is condemned - to be executed for shop-breaking—he wishes the sheriff to do his duty; - that he had much rather be hanged than sent to the penitentiary. Many - are the curious stories told of him, which, as I said before, I will - not vouch for. Should the sheriff write to me, his information may be - relied on. - -Several communications from Upper Canada have reached us between the -date of the letter from which the above extract is made and the present -time, but none of them contained the desired information as to the -particular fate of the prisoner, and the manner in which he was disposed -of, until the 8th of September last, 1836. - -By a letter from Mr. Augustus Bates, bearing this date, it would appear -that the prisoner had not been executed, but had been sentenced to one -year’s confinement in the penitentiary. We make the following extract: - - “I give you all the information I can obtain respecting the prisoner - enquired after. The gaoler, who is also the deputy sheriff, that had - him in charge, says he could learn nothing from him; said he called - his name Smith, that he was fifty-five years old, but denies that he - was ever in Kingston, New Brunswick. The jailer had one of your books - and showed it to him, but he denied any knowledge of it, and would not - give any satisfaction to the enquiries he made of him. The sheriff - says he believes the person to be the same mysterious stranger; that - he was condemned and sentenced to the penitentiary for one year. His - crime was burglary.” - -It would have afforded the writer of these Memoirs great satisfaction, -and, no doubt, an equal satisfaction to the reader, had it been in his -power to have paid a visit to Upper Canada that he might be able to -state from his own certain and personal knowledge of the prisoner at -Toronto, that he was indeed the self-same noted individual that was in -his custody twenty-two years ago, and whom he had the gratification of -seeing and recognizing subsequently at the Simsbury Mines, where he -played off his affected fits with such art and consequent advantage. - -But although it is not in the writer’s power to close up his Memoir with -so important and valuable a discovery—yet, keeping in view the -characteristic features of the man—his professed ignorance of Kingston -in New Brunswick—his denial of ever having seen the first edition of the -Memoirs, and the care which he took to keep himself enveloped in -mystery, by utterly declining to give any satisfactory information -concerning himself; all these circumstances united, form a combination -of features so marked as to carry conviction to the mind of the reader -who has traced him through this narrative, that he is no other than the -same mysterious Henry More Smith. - -There is another feature in the prisoner at Toronto that seems strangely -corroborative of what we are desirous properly to establish, that is his -age. He acknowledges to be fifty-five years of age, and although this -would make him somewhat older than his real age, yet it fixes this -point—that the prisoner at Toronto is well advanced in years, and so -must the subject of our Memoirs be also. - -From information which we have obtained it seems that he has undergone -his trial, and was committed to the penitentiary for a year’s -confinement. Whether he found any means of effecting an exemption from -labor in the penitentiary and then reconciling himself to his -confinement, or whether he accomplished one of his ingenious departures, -we are unable to determine. One thing however, is highly probable—that -he is again going up and down in the earth in the practice of his -hoary-headed villainy, except Power from on High has directed the arrow -of conviction to heart; for no inferior impulse would be capable of -giving a new direction to the life and actions of a man whose habits of -iniquity have been ripened into maturity and obtained an immovable -ascendancy by the practice of so many successive years. - -It must be acknowledged that there is an unprecedented degree of -cleverness in all his adventures, which casts a kind of illusive and -momentary covering over the real character of his actions, and would -seem to engage an interest in his favor, (and this is an error to which -the human mind seems remarkable pre-disposed when vice presents itself -before us in all its cleverness), yet who can read his miserable career -without feeling pained at the melancholy picture of depravity it -presents? Who would have supposed that after his condemnation and -sentence at Kingston, and his life, by an act of human mercy, given into -his hands again, he would not have hastened to his sorrowing little -wife, and with tears of compunction, mingled with those of joy, cast -himself upon her neck and resolved by a course of future rectitude and -honesty, to make her as happy as his previous disgraceful and sinful -career had made her miserable. - -But ah! no. His release was followed by no such effects. Rendered -unsusceptible for every natural and tender impression, and yet under the -full dominion of the god of this world, he abandoned the intimate of his -bosom, and set out single handed in the fresh pursuit of crime. - -There is, however, one redeeming feature which stands out among the -general deformities of his character. In all the adventures which the -history of his course presents to our view, we are not called upon to -witness any acts of violence and blood; and it is perhaps owing to the -absence of this repulsive trait of character that we do not behold him -in a more relentless light. - ------------------------------------------------------------------------- - - - - - _Three Attractive Booklets_ - - BY JAMES HANNAY - - -Ballads of Acadia - - These ballads deal with important - historical occurrences during the - occupation of Acadia by the French. - - PRICE, 35 CENTS - - -The Heroine of Acadia - - Being the Story of Lady La Tour and her - heroic defence of her husband’s fort at - the mouth of the St. John. Handsomely - printed in two colors. - - PRICE, 25 CENTS - - -The Maiden’s Sacrifice - - A poem illuminating the Indian Legend of - the Malicite Maiden who piloted the - Mohawks over Grand Falls and saved her - tribe from extermination at the - sacrifice of her own life. - - PRICE, 15 CENTS - - _For Sale Everywhere_ - - JOHN A. BOWES, Publisher - 19 Canterbury Street, St. John, N. B. - - AN HISTORICAL WORK OF UNUSUAL IMPORTANCE - - - - - _The History of New Brunswick_ - - - BY - - JAMES HANNAY, D.C.L., F.R.S.C. - - AUTHOR OF - - “The History of Acadia,” “History of the - War of 1812,” “Life and Times of Sir - Leonard Tilley,” “Lives of Sir Leonard - Tilley and Hon. L. A. Wilmot,” “The - Story of the Queen’s Rangers,” “New - Brunswick and Its Resources,” “Ballads - of Acadia.” - - - _Price for the Set, $5.00_ - - TWO VOLUMES - HANDSOMELY BOUND IN BUCKRAM - - JOHN A. BOWES, Publisher - 19 Canterbury Street, St. John, N. B. - - _The Beauties of the River St. John_ - - are faithfully portrayed in Rev. Dr. - RAYMOND’S new work ❦ ❦ - - - - - THE RIVER ST. JOHN - - - ¶DR. RAYMOND describes the many and - varied beauties of the River from its - source to its mouth; tells the Indian - Legends concerning it and recites the - Romantic History of the French - Period—its comedies and tragedies. ¶The - Expulsion of the French and the - Struggles of the Early English Settlers - are dealt with down to the Coming of the - Loyalists. - - - _Price, $2.50_ - -ADDRESS THE PUBLISHER: - - JOHN A. BOWES - 19 Canterbury Street, St. John, N. B. - - - - - _Paper Boxes_ - - Acadia Box Company - - - MANUFACTURERS OF - PAPER BOXES - OF EVERY DESCRIPTION - FOR EVERY PURPOSE - - ¶Thoroughly equipped with the latest - machinery for the economical production - of _Stiff and Folding Boxes_. ¶Estimates - cheerfully furnished for all kinds of - work. _Good work guaranteed._ - - JOHN A. BOWES, Manager - 19 Canterbury Street, St. John, N. B. - - - - - =The Strathmore Press= - - - JOHN A. BOWES, MANAGER - - -_Printers of_ ... - - Books - Booklets - Pamphlets and - Advertising Matter of all kinds - - _We Can Do Your Printing_ - - Commercial and Society Stationery - Billheads Noteheads Letterheads - Loose Leaf Ledger Sheets - - _Good Work Always_ _Prices Right_ - - 19 CANTERBURY STREET - SAINT JOHN, N. B. - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. Silently corrected typographical errors and variations in spelling. - 2. Archaic, non-standard, and uncertain spellings retained as printed. - 3. Enclosed italics font in _underscores_. - -*** END OF THE PROJECT GUTENBERG EBOOK HENRY MORE SMITH *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for an eBook, except by following -the terms of the trademark license, including paying royalties for use -of the Project Gutenberg trademark. 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