Eastern times. [volume] (Bath, Me.) 1846-1857, 1853-06-02

e'-o" thob tICLO w dS uOuUL Ludb luOy
were Fishers. He confessed himself at loss
to account for their discovery, unless it could
be (he said) that somebody had waylaid him
on the road when he left home for Sydney had
murdered him for the gold and bank-notes
which ne had about his person, and had thrown
him into the pond. My hands, thank Heav-
EN- y he concluded, ARE clean.' If my old
friend could come to life again, he would telI
me that had no hand in this horrible murder.
Mr.. Grafton knew not what to think He
was not believer in ghosts. Could it be
possible, he began to ask HIMSELF that old Weir
had committed this crime, and finding it weigh
heavily on his conscience, and fearing that he
might be detected, had trumped up the story
about the ghost-had pretended that he was
led to the spot by supernatural agency-and
thus by bringing the murder to light, hoped to
stlfe all suspicion. Bot then he considered
Welr's excellent character, his kind disposi-
ton and good nature. These at once put to
flight his suspicion of Weir, but still he was by
no means satisfied of Smiths guilt, much as
appearances were against him.
Fishers servants were examined and STAT
ed that their master had often talked Of 60
ing 10 England on a visit 10 Ills friends, and
OF leaving Mr.. Smith TO manage his farm
and that though they were surprised when
Mr. Smith came and said he had gene at
last, they did not think it at all unlikely he
had done so. An inquest was held, and a
verdict oil wllful murder found against Thom-
as Smith. He was therefore transmitted 10
Sydney for trial, at the ensuing sessions in
the Supreme Court. The case naturally ex-
cited great interest in the colony; and pub
lie opinion respecting Smiths guilt was
evenly balanced.
The day Of trial came, and the court wa s
crowded almost TO suffocation. The attor-
ney general very truly remarked that there
were circumstances connected with the case
without any precedent in the annals OF juri.-
prudence. The only witnesses were old
Weir and Mr.. Grafton. Smith, who defend.
ed himself with grea, composure and ability,
cross-examined them at considerable length
and with consummate skill. The prosecu-
ton having closed, Smith addressed the Jury,
(which consisted Of military officers) in his
defence. He admitted that the circumstance
es were strong against him but he most
ingeniouslY proceeded to explain them
The power Of attorney, which he produced,
he contended had been regularly granted by
Fisher, and he called several witnesses who
swore that they believed the signature TO be
that of the deceased. He further produced
a will, which had been drawn up by Fishers
attorney, and 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 ap-
peal to the common sense Of the jury wheth-
er the ghost story was entitled to any credit I;
aud ifit were not, to ask themselves why il
had been invented? He alluded to the fact
which in cross-examinaiion Mr. Grafton
swore to-that when the remains were first
shown TO him, he did not conduct himself rs
guilty man would have been likely to do,
although he was horror stricken on behold
ing the hideous spectacle. He concluded by
invoking the Almighty to bear witness that
he was innocent Of The diabolical crime for
which he had been arraigned. The Judge
1.-THE late Sir Francis Forbes) recapiluIated
the evidence. 1t was no easy matter to deal
with that part Of il which had reference 10
the appariton and if the charge of the judge
had any leaning one way or the other, it
was decidedly IN favor OF an acquittal. The
jury retired, but after a deliberation of seven
hours, they returned to the court with ver>
dict Of guilty.
The judge then sentenced the prisoner TO
be hanged or the following Monday. II
was on Thursday night that he was con-
victed. On the Sunday, Smith expressed a
wish 10 see a clergyman. His wish was i'm
medlateIy attended 10, when he confessed
that he, and he alone, committed the muir.
der; and that it was upon the very rail
where Weir swore that he had seen Fisher s
ghost sitting, that he had knocked out Fish
er's brains with tomahawk. The power of
attorney he likewise confessed was forg.
cry, but declared that the will was genuine.
This is very extraordinary, but is, never
theIess true in substance, ii not in every
particular. Most persons who have visited
Sydney for any length Of time will no doubt
have had it narrated 10 them.
A SECOND WILLIAM TELL.-About a
month ago, as we learn from The Courier
des Etats UniS, case was brought before
The Correctional Police of Spires, a city of
Baden, which is certainly without parallel
in the annals of Justice. weaver of Spire,
who had been much extolled asa marksman,
undertook, by desperate experiment, TO es-
tablish his reputation beyond dispute. To
this end, he loaded his pistol, and repaired 10
his garden, accompanied by his son, lad
about IL years old. He ordered the child 10
stand at fifteen PAGES from him, potato upon
his head. The boy obeyed. without making
any resistance; and the father, preserving
the utmost coolness fired bis pistol and dis