Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-09-29

his suspicion of Weir bul he still was b,
no means satisfied of Smiths guilt, much az
appearances were against hin.
Fishers servants were examined. and
stated that their master had often talked OF
going to England on visit 10 his friends,
and of leaving Mr.. Smith To manage his
farm aud that though they were surprised
when MIR Smith came aud said he had gone
at last, they did not think ii al all unlikely
that he had done so. An inquest was held ,
and a verdict os willu murder was rendered
against Thomas Smth. lie was thereupon
transmitted to Sydney for trial at the en-
suing sessions, in the supreme court The
case naturally excited great interest IN the
colony aud public opinion respecting
Smiths guilt was evenly balanced.
The day of trial came, and the court was
crowded TO suliocation. The attorney gen.
eral very truthfully remarked that there
were circumstances connected with the
case which were without AIRY .preceden, in
the annals Of Jurisprudence. She only wit
nesses were old Weir aud Mr. Gtalton.-
Smith, who defended himself with great
composure aud ability, cross.examIned
them at considerable length and with con-
summate skill The prosecution having
closed, Smith addressed the Jury, (Which
consisted of military officers, } IN his defence
He admitted that The circumstances we're
strong against him, bot he most lngenlously
proceeded 60 explain them. The power of
attorney winch he produced, he contend
ed had been regularly granted by Fisher.
aud he called several Witnesses who swore
that they believed the signature TO be that
of the deceased. He further produced
will which had been drawn up by Fishers
attorney, aud by that will Fisher had ap-
pointed Smith his sole executor, IN the
event Of his death He declined, he said,
to throw any suspicion on Weir; but he
would appeal to the common sense of the
Try, whether the ghost story was entitled
any credit and, If 1t we've not, to ask
themselves why II had been invented : He
alluded To the lacl-whlch in cross-examin-
alton Mr. Grafton swOre to- that when the
remains were FIRST shown to- him, he did not
conduct himself as a guilty man would have
been likely to do, although he was horror
stricken on beholding the hldeous spectacle.
lie concluded by invoking the Almighty to
bear wilno that he was innocent of the d.
dbbi4Cul AiAulG lth which lt uiS utti al
raIgned. The Judge (lhe late Sir Francis
Forbes) recaptullled the evidence. 1t was
no easy matter To deal with that part Of it
which had reference to the appartion; and
II the charge Of the Judge had any leaning
one way or the other, II was decidedly N
favor of an acquiual. The jury retued !;
but after delberatug for several hours they
returned TO the court with verdict Of
'Goiliy
The Judge then sentenced the prisoner to
be hanged on the following Monday. 1t
was Thursday nigh, that he was convicted.
Ga Sunday he expressed a wish to see
clergyman His wish was Instantly attend
ed to, when he confessed that he, aud he
alone, committed the murGe aud that II
was upon the very rail where Weir swore
that he had seen Fishers ghost sitting.
that he knocked out Fishers brains with a
.omahawk. The power Of attorney, he
likewise confessed, was forgery, bot de-
elared that the will was genuine This is
very extraordinary, but is nevertheless true
III substance, if not IN every particular
Most persons who have visited Sydney for
any time, have no doubt had ii narrated TO
them