Botany Bay | Page 9

(��5 currency), he gave a cheque on the bank of New South Wales, which was cashed on presentation; that the man who so represented himself as John Fisher was a man of about forty-six or forty-eight years of age, about five feet eight inches in height, and rather stout; had light blue eyes, sandy hair, and whiskers partially gray, a low but intelligent forehead, and a rather reddish nose.
This description answered exactly that of Mr. Fisher at the time of his departure from the colony.
The cashier of the bank showed the cheque for twenty dollars. Mr. Fisher had an account there, and drew out his balance, ��200--not in person, but by a cheque--two days previous to his alleged departure. He had written several letters to the bank, and on comparing those letters with the letter Mr. Smith said he had received from England, they corresponded exactly.
Opinion was very much divided in the colony with respect to Mr. Smith's guilt. Numbers of persons who knew the man, and had dealings with him, thought him incapable of committing such a crime--or any heinous offence, in fact. The records were looked into, to ascertain of what offence he had been convicted originally. It was for embezzling the sum of twenty--two shillings and fourpence, which had been entrusted to him when he was an apprentice for his master, who was a market gardener, seedsman and florist. As for the story about the ghost, very, very few put any trust in it. Bulwer was then a very young gentleman, and had never dreamt of writing about Eugene Aram; nor had Thomas Hood contemplated his exquisite little poem on the same subject. Nor had the murder of the Red Barn been brought to light through the agency of a dream. The only instances of ghosts coming to give evidence of murder were those of Banquo and Hamlet's father--and Shakespeare was not considered an authority to be relied upon in such a case as that of Fisher.
Smith's house and premises, as well as those of Fisher, were searched in the hope of finding apparel, or some garment stained with blood, but in vain. Nor did the inspection of Smith's letters and papers disclose aught that strengthened the case against him. On the contrary, his accounts touching Fisher's property were kept entirely distinct from his own, and in memorandum books were found entries of the following description:--
Sept. 9.--Wrote to Fisher to say P. has paid the interest on his mortgage.
Sept. 27.--Received ��27 10s.--from Wilson for year's rent of Fisher's house in Castlereagh Street.
Nov. 12.--Paid Baxter ��3 12s.--due to him by Fisher for bullock chains.
No case had ever before created, and probably never will again create, so great a sensation. Very many were firmly impressed with the belief that Weir was the murderer of the man who wore Fisher's clothes, crediting Smith's assertion or suggestion that he had given them away. Many others were of the opinion that the remains were those of Fisher, and the man who murdered him had robbed him of his certificate of freedom, as well as of the cash and papers he had about him, and then, representing Fisher, had got out of the colony and made Smith a dupe.
CHAPTER IX.
The anxiously looked-for day of trial came. The court was crowded with persons in every grade of society, from the highest to the very lowest. Mr. Smith stood in the dock as firmly and as composedly as though he had been arraigned for a mere libel, or a common assault-- the penalty of conviction not exceeding a fine and a few months' imprisonment.
The case was opened by the Attorney-General with the greatest fairness imaginable, and when the witnesses gave their evidence (Weir, Hamilton, Williams and Mr. Cox) everyone appeared to hold his breath. Smith, who defended himself, cross-examined them all with wonderful tact and ability; and, at the conclusion of the case for the prosecution, addressed the jury at considerable length and with no mean amount of eloquence.
The judge then summed up. His honour was the last man in the world to believe in supernatural appearances; but with the ability and fairness that characterised his career in the colony, he weighted the probabilities and improbabilities with the greatest nicety. To detail all the points taken by the judge would be tedious; but if his charge had any leaning one way or other it was in favour of the prisoner.
The jury in those days was not composed of the people, but of military officers belonging to the regiment quartered in the colony. These gentlemen, in ordinary cases, did not give much of their minds to the point at issue. Some of them usually threw themselves back and shut their eyes--not to think, but "nod." Others whispered to each other--not about the guilt or innocence of