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.
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