IX. THE TRUTH ABOUT ‘FISHER’S GHOST’

Everybody has heard about ‘Fisher’s Ghost.’ It is one of the stock

‘yarns’ of the world, and reappears now and again in magazines, books

like ‘The Night Side of Nature,’ newspapers, and general conversation.

As usually told, the story runs thus: One Fisher, an Australian

settler of unknown date, dwelling not far from Sydney, disappeared. His

overseer, like himself an ex-convict, gave out that Fisher had returned

to England, leaving him as plenipotentiary. One evening a neighbour (one

Farley), returning from market, saw Fisher sitting on the fence of his

paddock, walked up to speak to him, and marked him leave the fence

and retreat into the field, where he was lost to sight. The neighbour

reported Fisher’s return, and, as Fisher could nowhere be found, made a

deposition before magistrates. A native tracker was taken to the fence

where the pseudo Fisher sat, discovered ‘white man’s blood’ on it,

detected ‘white man’s fat’ on the scum of a pool hard by, and, finally,

found ‘white man’s body’ buried in a brake. The overseer was tried,

condemned, and hanged after confession.

Such is the yarn: occasionally the ghost of Fisher is said to have been

viewed several times on the fence.

Now, if the yarn were true, it would be no proof of a ghost. The person

sitting on the fence might be mistaken for Fisher by a confusion

of identity, or might be a mere subjective hallucination of a sort

recognised even by official science as not uncommon. On the other hand,

that such an illusion should perch exactly on the rail where ‘white

man’s blood’ was later found, would be a very remarkable coincidence.

Finally, the story of the appearance might be explained as an excuse

for laying information against the overseer, already suspected on other

grounds. But while this motive might act among a Celtic population,

naturally credulous of ghosts, and honourably averse to assisting

the law (as in Glenclunie in 1749), it is not a probable motive in

an English Crown colony, as Sydney then was. Nor did the seer inform

against anybody.

The tale is told in ‘Tegg’s Monthly Magazine’ (Sydney, March 1836); in

‘Household Words’ for 1853; in Mr. John Lang’s book, ‘Botany Bay’ (about

1840), where the yarn is much dressed up; and in Mr. Montgomery Martin’s

‘History of the British Colonies,’ vol. iv. (1835). Nowhere is a date

given, but Mr. Martin says that the events occurred while he was in the

colony. His most intimate surviving friend has often heard him tell the

tale, and discuss it with a legal official, who is said to have been

present at the trial of the overseer.* Other living witnesses have

heard the story from a gentleman who attended the trial. Mr. Martin’s

narrative given as a lowest date, the occurrences were before 1835.

Moreover, the yarn of the ghost was in circulation before that year, and

was accepted by a serious writer on a serious subject. But we have still

no date for the murder.

*So the friend informs me in a letter of November 1896.

That date shall now be given. Frederick Fisher was murdered by George

Worrall, his overseer, at Campbelltown on June 16 (or 17), 1826. After

that date, as Fisher was missing, Worrall told various tales to account

for his absence. The trial of Worrall is reported in the ‘Sydney

Gazette’ of February 5, 1827. Not one word is printed about Fisher’s

ghost; but the reader will observe that there is a lacuna in the

evidence exactly where the ghost, if ghost there were, should have come

in. The search for Fisher’s body starts, it will be seen, from a spot

on Fisher’s paddock-fence, and the witness gives no reason why that spot

was inspected, or rather no account of how, or by whom, sprinkled blood

was detected on the rail. Nobody saw the murder committed. Chief-Justice

Forbes said, in summing up (on February 2, 1827), that the evidence was

purely circumstantial. We are therefore so far left wholly in the dark

as to why the police began their investigations at a rail in a fence.

At the trial Mr. D. Cooper deposed to having been owed 80 pounds by

Fisher. After Fisher’s disappearance Cooper frequently spoke to Worrall

about this debt, which Worrall offered to pay if Cooper would give up to

him certain papers (title-deeds) of Fisher’s in his possession. Worrall

even wrote, from Banbury Curran, certifying Cooper of Fisher’s departure

from the colony, which, he said, he was authorised to announce. Cooper

replied that he would wait for his 80 pounds if Fisher were still in the

country. Worrall exhibited uneasiness, but promised to show a written

commission to act for Fisher. This document he never produced, but was

most anxious to get back Fisher’s papers and to pay the 80 pounds. This

arrangement was refused by Cooper.

James Coddington deposed that on July 8, 1826, when Fisher had been

missing for three weeks, Worrall tried to sell him a colt, which

Coddington believed to be Fisher’s. Worrall averred that Fisher had left

the country. A few days later Worrall showed Coddington Fisher’s receipt

for the price paid to him by Worrall for the horse. ‘Witness, from

having seen Fisher write, had considerable doubt as to the genuineness

of the receipt.’

James Hamilton swore that in August 1826 he bluntly told Worrall that

foul play was suspected; he ‘turned pale, and endeavoured to force a

smile.’ He merely said that Fisher ‘was on salt water,’ but could not or

would not name his ship. A receipt to Worrall from Fisher was sworn to

by Lewis Solomon as a forgery.

Samuel Hopkins, who lived under Fisher’s roof, last saw Fisher on June

17, 1826 (June 16 may be meant), in the evening. Some other people,

including one Lawrence, were in the house, they left shortly after

Fisher went out that evening, and later remarked on the strangeness

of his not returning. Nathaniel Cole gave evidence to the same effect.

Fisher, in short, strolled out on June 17 (16?), 1826, and was seen no

more in the body.

Robert Burke, of Campbelltown, constable, deposed to having apprehended

Worrall. We may now give in full the evidence as to the search for

Fisher’s body on October 20, 1826.

Here let us first remark that Fisher’s body was not easily found. A

reward for its discovery was offered by Government on September 27,

1826, when Fisher had been dead for three months, and this may

have stimulated all that was immortal of Fisher to perch on his own

paddock-rail, and so draw attention to the position of his body. But on

this point we have no information, and we proceed to real evidence. From

this it appears that though a reward was offered on September 27, the

local magistrates (to whom the ghost-seer went, in the yarn) did not

bid their constable make SPECIAL researches till October 20, apparently

after the seer told his tale.

‘George Leonard, a constable at Campbelltown, stated that by order of

the bench of the magistrates he commenced a search for the body of the

deceased on the 20th of October last: witness WENT TO A PLACE WHERE SOME

BLOOD WAS SAID TO HAVE BEEN DISCOVERED, and saw traces of it on several

rails of a fence at the corner of the deceased’s paddock adjoining

the fence of Mr. Bradbury, and about fifty rods from prisoner’s house:

witness proceeded to search with an iron rod over the ground, when two

black natives came up and joined in the search till they came to a creek

where one of them saw something on the water: a man named Gilbert, a

black native, went into the water, and scumming some of the top with a

leaf, which he afterwards tasted, called out that “there was the fat of

a white man” [of which he was clearly an amateur]: they then proceeded

to another creek about forty or fifty yards farther up, STILL LED BY

THE NATIVES, when one of them struck the rod into some marshy ground

and called out that “there was something there:” a spade was immediately

found, and the place dug, when the first thing that presented itself

was the left hand of a man lying on his side, which witness, from a long

acquaintance with him, immediately declared to be the hand of Frederick

Fisher: the body was decayed a little, particularly the under-jaw:

witness immediately informed Mr. William Howe and the Rev. Mr. Reddall,

and obtained a warrant to apprehend the parties who were supposed to be

concerned in the murder; the coroner was sent for, and, the body being

taken out of the earth the next morning, several fractures were found

in the head: an inquest was held, and a verdict of wilful murder against

some person or persons unknown was returned: witness particularly

examined the fence: there appeared to have been a fire made under the

lower rail, as if to burn out the mark: the blood seemed as if it were

sprinkled over the rails....

‘The declaration of the prisoner’ (Worrall) ‘was put in and read: it

stated that, on the evening of the 17th of June, a man named Lawrence

got some money from the deceased, and together with four others went

to a neighbouring public-house to drink: that after some time they

returned, and the prisoner being then outside the house, and not seen by

the others, he saw two of them enter, whilst the other two, one of whom

was Lawrence, remained at the door: the prisoner then went down to the

bottom of the yard, and after a little time heard a scuffle, and saw

Lawrence and the others drag something along the yard, which they struck

several times. The prisoner then came forward, and called out to know

who it was. One of them replied, “It is a dog.” The prisoner coming

up said, “It is Fisher, and you have prevented him from crying out any

more.” They said they had murdered him in order to possess themselves

of what money he had, and bound the prisoner by a solemn pledge not to

reveal it.

‘For the prisoner Nathaniel Boom deposed: he knew deceased, and intended

to institute a prosecution against him for forgery when he disappeared.

‘Chief-justice summed up: observed it was a case entirely of

circumstances. The jury were first to consider if identity of body with

Fisher was satisfactorily established. If not: no case. If so: they

would then consider testimony as affecting prisoner. Impossible, though

wholly circumstantial, for evidence to be stronger. He offered no

opinion, but left case to jury.

‘The jury returned a verdict of guilty. Sentence of death passed.’

‘February 6, 1827. Sydney Gazette.

‘George Worrall, convicted on Friday last of murder of F. Fisher,

yesterday suffered the last penalty of the law. Till about 5 o’clock on

the morning of his execution, he persisted in asserting his innocence,

when he was induced to confess to a gentleman who had sat up with

him during the night, that he alone had perpetrated the murder, but

positively affirmed it was not his intention at the time to do so.’

We need not follow Worrall’s attempts to explain away the crime as an

accident. He admitted that ‘he had intended to hang Lawrence and Cole.’

It is a curious case. WHY WAS NOBODY INTERROGATED ABOUT THE DISCOVERY,

ON THE RAIL, OF BLOOD THREE MONTHS OLD, if not four months? What was the

apparent date of the fire under the rail? How did the ghost-story get

into circulation, and reach Mr. Montgomery Martin (1835)?

To suggest a solution of these problems, we have a precisely analogous

case in England.

On October 25, 1828, one William Edden, a market-gardener, did not come

home at night. His wife rushed into the neighbouring village, announcing

that she had seen her husband’s ghost; that he had a hammer, or some

such instrument, in his hand; that she knew he had been hammered to

death on the road by a man whose name she gave, one Tyler. Her husband

was found on the road, between Aylesbury and Thame, killed by blows of

a blunt instrument, and the wife in vain repeatedly invited the man,

Joseph Tyler, to come and see the corpse. Probably she believed that it

would bleed in his presence, in accordance with the old superstition.

All this the poor woman stated on oath at an inquiry before the

magistrates, reported in the Buckinghamshire county paper of August 29,

1829.

Here is her evidence, given at Aylesbury Petty Sessions, August 22,

before Lord Nugent, Sir J. D. King, R. Brown, Esq., and others:

‘“After my husband’s corpse was brought home, I sent to Tyler, for some

reasons I had, to come and see the corpse. I sent for him five or six

times. I had some particular reason for sending for him which I never

did divulge.... I will tell my reasons if you gentlemen ask me, in the

face of Tyler, even if my life should be in danger for it. When I

was ironing a shirt, on the Saturday night my husband was murdered,

something came over me--something rushed over me--and I thought my

husband came by me. I looked up, and I thought I heard the voice of my

husband come from near my mahogany table, as I turned from my ironing. I

ran out and said, ‘Oh dear God! my husband is murdered, and his ribs are

broken.’ I told this to several of my neighbours. Mrs. Chester was the

first to whom I told it. I mentioned it also at the Saracen’s Head.”

‘Sir J. D. King.--“Have you any objection to say why you thought your

husband had been murdered?”

‘“No! I thought I saw my husband’s apparition and the man that had done

it, and that man was Tyler, and that was the reason I sent for him....

When my neighbours asked me what was the matter when I ran out, I told

them that I had seen my husband’s apparition.... When I mentioned it to

Mrs. Chester, I said: ‘My husband is murdered, and his ribs are broken;

I have seen him by the mahogany table.’ I did not tell her who did

it.... I was always frightened, since my husband had been stopped on the

road.” (The deceased Edden had once before been waylaid, but was then

too powerful for his assailants.) “In consequence of what I saw, I

went in search of my husband, until I was taken so ill I could go no

further.”

‘Lord Nugent.--“What made you think your husband’s ribs were broken?”

‘“He held up his hand like this” (holds up her arm), “and I saw a

hammer, or something like a hammer, and it came into my mind that his

ribs were broken.”

‘Sewell stated that the murder was accomplished by means of a hammer.

The examination was continued on August 31 and September 13; and finally

both prisoners were discharged for want of sufficient evidence. Sewell

declared that he had only been a looker-on, and his accusations against

Tyler were so full of prevarications that they were not held sufficient

to incriminate him. The inquiry was again resumed on February 11, 1830,

and Sewell, Tyler, and a man named Gardner were committed for trial.

‘The trial (see “Buckingham Gazette,” March 13, 1830) took place before

Mr. Baron Vaughan and a grand jury at the Buckingham Lent Assizes, March

5, 1830; BUT IN THE REPORT OF MRS. EDDEN’S EVIDENCE NO MENTION IS MADE

OF THE VISION.

‘Sewell and Tyler were found guilty, and were executed, protesting their

innocence, on March 8, 1830.

‘Miss Browne, writing to us [Mr. Gurney] from Farnham Castle, in January

1884, gives an account of the vision which substantially accords with

that here recorded, adding:--‘“The wife persisted in her account of

the vision; consequently the accused was taken up, and, with some

circumstantial evidence in addition to the woman’s story, committed for

trial by two magistrates--my father, Colonel Robert Browne, and the Rev.

Charles Ackfield.”

‘“The murderer was convicted at the assizes, and hanged at Aylesbury.”

‘“It may be added that Colonel Browne was remarkably free from

superstition, and was a thorough disbeliever in ‘ghost stories.’”’ *

*From Phantasms of the Living, Gurney and Myers, vol. ii. p. 586.

Now, in the report of the trial at assizes in 1830 there is not one

word about the ‘ghost,’ though he is conspicuous in the hearing at petty

sessions. The parallel to Fisher’s case is thus complete. And the reason

for omitting the ghost in a trial is obvious. The murderers of Sergeant

Davies of Guise’s, slain in the autumn of 1749 in Glenclunie, were

acquitted by an Edinburgh jury in 1753 in face of overpowering evidence

of their guilt, partly because two Highland witnesses deposed to having

seen the ghost of the sergeant, partly because the jury were Jacobites.

The prisoners’ counsel, as one of them told Sir Walter Scott, knew that

their clients were guilty. A witness had seen them in the act. But the

advocate (Lockhart, a Jacobite) made such fun out of the ghost that an

Edinburgh jury, disbelieving in the spectre, and not loving the House

of Hanover, very logically disregarded also the crushing evidence for a

crime which was actually described in court by an eye-witness.

Thus, to secure a view of the original form of the yarn of Fisher’s

Ghost, what we need is what we are not likely to get--namely, a copy of

the depositions made before the bench of magistrates at Campbelltown in

October 1826.

For my own part, I think it highly probable that the story of Fisher’s

Ghost was told before the magistrates, as in the Buckinghamshire case,

and was suppressed in the trial at Sydney.

Worrall’s condemnation is said to have excited popular discontent,

as condemnations on purely circumstantial evidence usually do. That

dissatisfaction would be increased if a ghost were publicly implicated

in the matter, just as in the case of Davies’s murder in 1749. We see

how discreetly the wraith or ghost was kept out of the Buckinghamshire

case at the trial, and we see why, in Worrall’s affair, no questions

were asked as to the discovery of sprinkled blood, not proved by

analysis to be human, on the rail where Fisher’s ghost was said to

perch.

I had concluded my inquiry here, when I received a letter in which Mr.

Rusden kindly referred me to his ‘History of Australia’ (vol. ii. pp.

44, 45). Mr. Rusden there gives a summary of the story, in agreement

with that taken from the Sydney newspaper. He has ‘corrected current

rumours by comparison with the words of a trustworthy informant, a

medical man, who lived long in the neighbourhood, and attended Farley

[the man who saw Fisher’s ghost] on his death-bed. He often conversed

with Farley on the subject of the vision which scared him.... These

facts are compiled from the notes of Chief-Justice Forbes, who presided

at the trial, with the exception of the references to the apparition,

which, although it led to the discovery of Fisher’s body, could not be

alluded to in a court of justice, or be adduced as evidence.’* There is

no justice for ghosts.

*Thanks to the kindness of the Countess of Jersey, and the obliging

researches of the Chief Justice of New South Wales, I have received

a transcript of the judge’s notes. They are correctly analysed by Mr.

Rusden.

An Australian correspondent adds another example. Long after Fisher’s

case, this gentleman was himself present at a trial in Maitland, New

South Wales. A servant-girl had dreamed that a missing man told her who

had killed him, and where his body was concealed. She, being terrified,

wanted to leave the house, but her mistress made her impart the story

to the chief constable, a man known to my informant, who also knew, and

names, the judge who tried the case. The constable excavated at the spot

pointed out in the dream, unearthed the body, and arrested the criminal,

who was found guilty, confessed, and was hanged. Not a word was allowed

to be said in court about the dream. All the chief constable was

permitted to say was, that ‘from information received’ he went to

Hayes’s farm, and so forth.

Here, then, are two parallels to Fisher’s ghost, and very hard on

psychical science it is that ghostly evidence should be deliberately

burked through the prejudices of lawyers. Mr. Suttar, in his ‘Australian

Stories Retold’ (Bathurst, 1887), remarks that the ghost is not a

late mythical accretion in Fisher’s story. ‘I have the authority of a

gentleman who was intimately connected with the gentleman who had the

charge of the police when the murder was done, that Farley’s story did

suggest the search for the body in the creek.’ But Mr. Suttar thinks

that Farley invented the tale as an excuse for laying information. That

might apply, as has been said, to Highland witnesses in 1753, but hardly

to an Englishman in Australia. Besides, if Farley knew the facts, and

had the ghost to cover the guilt of peaching, WHY DID HE NOT PEACH?

He only pointed to a fence, and, but for the ingenious black Sherlock

Holmes, the body would never have been found. What Farley did was not

what a man would do who, knowing the facts of the crime, and lured by

a reward of 20 pounds, wished to play the informer under cover of a

ghost-story.

The case for the ghost, then, stands thus, in my opinion. Despite the

silence preserved at the trial, Farley’s ghost-story was really told

before the discovery of Fisher’s body, and led to the finding of the

body. Despite Mr. Suttar’s theory (of information laid under shelter

of a ghost-story), Farley really had experienced an hallucination. Mr.

Rusden, who knew his doctor, speaks of his fright, and, according to

the version of 1836, he was terrified into an illness. Now, the

hallucination indicated the exact spot where Fisher was stricken down,

and left traces of his blood, which no evidence shows to have been

previously noticed. Was it, then, a fortuitous coincidence that Farley

should be casually hallucinated exactly at the one spot--the rail in the

fence--where Fisher had been knocked on the head? That is the question,

and the state of the odds may be reckoned by the mathematician.

As to the Australian servant-girl’s dream about the place where another

murdered body lay, and the dreams which led to the discovery of the Red

Barn and Assynt murders, and (May 1903) to the finding of the corpse

of a drowned girl at Shanklin, all these may be mere guesses by the

sleeping self, which is very clever at discovering lost objects.

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