The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1854-11-11

had recently been instrumental ~ the aL.
prchcnsion Of several desperate bushrangcrs
whom he had tracked over twenty seven
miles of rocky country and fields, which they
had crossed bare.footcd, in the hope of check
ing the black fellow in the progress Of his
keen pursuit with the horse police.
When old Ben Wicr made his appearance
in the morning, at Mr.. Graitons house, the
black chief Johnny Crook, was summoned
to attend. He came, and brought with him
several Of his subjects The party set out,
old Wier showing the way. The leaves on
the branches ofthc sapplings which he had
broken on the first night Of seeing the ghost
were withcrcd, and sufficiently pointed out
the exact rail on which the phantom was re-
presented to have sat. There were stains
upon the rail. Johnny Crook who had no
idea of what he was required for, pronounced
these stains to be 'white mans blood" and,
after searching about for some time, he point
ed out spot whereon, he said, human
body had been laid.
In New South Wales long droughts are
not very uncommon, and not single shower
of rain had fallen for seven months previous
ly--not sufficiently even to lay the dust up
on the roads.
In consequence Of the time that had
elapsed, Crook had no small difficulty to
contend with; but in about two hours he
succeeded in tracking the footsteps of one
man to the unfrcqucntcd side of a pond at
some distance He gave it as his opinion
that another man had been dragged thither.
The savage walked round aud round the
pond, eagerly cXaming its borders, and the
sedgcs and weeds springing up around it..
At first he seemed bailcd. No clue had
been washed ashore to show that anything
unusual had been sunk in the pond aud,
having finished this cxampuation, he laid
himself down on his face and looked kccnly
along the surface Of the smooth and stagnan,
water. Presently hcjumped up, uttered n
CRY peculiar TO thc native. when gratiiied by
finding some long sought object, clappcd his
hands, and pointing TO the middle Of the
pond, TO where the decomposition Of same
sunkcn substance bad produced simsy
coating streaked with prismatic colors, lac
exclaimed "whitc mans fat" The pond
was Immediately searched, aud below the
spot indicated the remains Of a body were
discovered. A large stone and rotten sill;
handkerchief were found near the body,
these had been used To sink il.
That il was the body OF Fisher there could
be no question. II might have been iienti-
fled by the teeth, but on the waist coat
there were some large brass buttons, which
were Immediately recognized, both by Mr..
Grafton and old Ben, as Fishers property.
He had worn those buttons on his waistcoat
for number of years.
Leaving the body by the side Of the pond,
III
Grafton cantercd up to Fishers house Smith
was not only in possession Of all the missing
mans property, but had removed to Fishers
house. 1t was about mile and half dis
tant. Tie cnquired for Mr.. Smith. Mr.
Smith was at breakfast, he came out and in.
yitcd Mr.. Grafton to alight; Mr. Grafton
accepted the invitation, and after a few dc.
sultory observations, said
"Mr. Smith, am anxious to purchase 0
piece ofland on the other side Of the road
belonging TO this estate, and would give q
fair price for it. Have Sou the power u
sell -
"Oh, yes, SIR" replied Smith. "Thc pow
cr which tUtr from Fisher is genera
power and he forthwith produced docu
mcnt purpor,ing TO be signed by Fisher, bu
which was not witnessed.
'lf you are not very busy, | should like Il
show you the piece ofland allude to-" saic
Mr.. Grafton.
ooh, certainly, sir. ! am quite at youl
service said Smith and he then ordered
| his horse to be saddlcd.
| II was necessary to pass the pond whcr,
the remains Of Fishers body were then eX
posed. When they came near to the spot
Mr.. Grafton, looking Smith full in the face
/ said:
'Mr Smith, wish to show You some
thing. Look here" He pointed to the de
/ composed body, and narrowly watching Mr.
Smith countonancC remarked: "Thcrc ar,
/ the remains Of Fisher. How do you ae
count for their being found in this pond y
Smith, with the greatest GOODNESS, get OF
his horse, miLutcly examined the remains
and then admitted there was no doubt the,
were Fishers. lie confessed himself at
loss to account for their discovery; unless i
could be (he said that somebody had way
layed him on the road, when he left hom
for Sidney; had murdered him for the gol'
and bank notes which he had about his per
son, and then had thrown him in the pond
"My hands, thank Heaven! ~ he concluded
''arc clean. II my old friend could come T.
life again, he would tell you that had n,
hand in his horrible murder
! Mr.. Grafton knew not what to think. -
He was not believer in ghosts: Could i
be possible he began to ask himself tha
old Wicr had committed this crime, and
| finding it weighed heavily on his conscience
end fearing that he might be detectcd-ha,
| trumped up the story about the ghost--haG
pretended that he was led to the spot by s,i
pernatural agency-and thus by bringin,
| the murder voluntarily to light, hoped {,
stiic all suspicious But then he considerc,
! Wicr's excellent character, his kind disposi
ton, and good nature. These at once pu
to flight his suspicion of Wier; but still h,
was by no means satisfied of Smiths guilt
much as appearances were against him.
Fishers servants were examined. ani
stated that their master had often talked o
going to England on visit to his friends sant
of leaving Mr.. Smith to manage the farm
and that though they were surprised whci
/ Mr.. Smith came, and said he had gone n
last, they did not think it at all unlikely tha
he had done so. An inquest was held, an,
verdict of wilful murder found agains
Thomas Smith. lie was thcreupon trans
mittcd to Sydney for trial. at the cnsuin,
sessions, in the Supreme Court The cas-
naturally excited great interest in the colo
ny; and public opinion respecting Smith
guilt was evenly balanced.
The day of trial came; and the court was
crowded almost to sullocation. The Attor
ney General very truly remarked that ther,
were circumstances connected with the case
which were without any precedent in tn
annals of jurisprudence. The only witness
cs were old Wicr and Mr.. Grafton. Smitl
who defended himself with great composur,
and ability, cross.cxamincd them nt consid
cradle length, and with consummatc skill
The prosecution having closed, Smith ad
dressed the jury (Which consisted Of militar,
officers in his defence. lie admitted tha
the circumstances were strong against him
but he most ingenously proceeded TO explain
them. The power of attorney which he pro
duccd, he contcndcd had been regularl,
granted by Fisher, and he called several wit
nesscs, who sworc that they believed tn
| signature to he that of the deceased. lie
further, produced will, which had bccl
/ drawn up by Fishers attorney, and by tha