Returning to his house, Fisher being away, Mr. Willoughby went to his room and broke open a box, and found in it the top and bottom of a snuff-box, a vizard mask, and a pair of laced ruffles. The remains of the snuff-box Mr. York knew to have belonged to the deceased, and had reason to suspect the ruffles also to have been his, so that it was immediately agreed to go before the Honourable Sir William Thompson,[[77]] in order to procure a warrant. There they made an affidavit of the several circumstances attending their discovery, and Sir William upon the examination also of a lady (who produced a piece of lace before she had seen the ruffle, and declared that if it were Mr. Darby's it must tally therewith, which on a comparison it did exactly) granted a warrant. It appeared also at the same time, upon the oath of Mr. Willoughby, that the day Mr. Darby was murdered, Fisher borrowed half-a-crown of him to pay his washerwoman, and was in the utmost necessity for money.
A woman swore that a person very like Fisher was hovering about Mr. Darby's chambers the night the murder was committed, and it was proved by the oath of another person that Fisher came not to his lodgings till two o'clock on Tuesday morning, on which Mr. Darby was murdered. About eight o'clock a porter came and informed Fisher of Mr. Darby's being murdered, at which he shewed little concern and locked himself up for some hours.
Things being thus over at Sir William Thompson's, Mr. Willoughby, Mr. York, and Mr. Moody, returned to Fisher's lodgings. About two o'clock in the morning he came in, and they seized him, having a constable and proper assistance for that purpose. On Sunday noon, he was carried before Sir William Thompson in order to be examined, where he said:
That about the latter end of the week in which Mr. Darby was murdered, as he was passing through Lincoln's Inn Fields, about four in the afternoon, be took up under the wall of Lincoln's Inn Gardens, a white paper parcel in which were contained several things of great value belonging to the deceased; some of the diamonds he acknowledged he sold to a jeweller in Paternoster Row for ten guineas, the watch he pawned for nine guineas to a person at a brazier's in Bond Street, and sold the gold chain and swivels to a person in Lombard Street. He absolutely denied all knowledge of the murder, and said that at the time it happened he was at a billiard table in Duke Street, by St. James's. When taken there was found upon him two of Mr. Darby's rings with the stones taken out, wrapped up in a paper, with his seal the arms of which were taken out, and in these circumstances he was committed to Newgate.
Soon after this the coroner granted his warrant, and an order being thereupon obtained from the Commons, Mr. Darby's body was taken up and in the presence of several persons, his head opened by an eminent surgeon, who found a large lacerated wound near the left ear, the temporal bone on that side being very much fractured, several pieces of which stuck in the brain on the same side. He found, likewise, the temporal bone on the other side, exactly opposite, broken; the pieces thereof were not removed from their places, but easily removed upon his attempting to take them away. He took out the brain and the bullet dropped upon the pillow which lay upon the ground under his head. It appeared, upon comparing the said bullet taken out of the head, with some other bullets found in custody of Henry Fisher (at that time in Newgate on suspicion of the murder) that it seemed to have been cast in the same mould; and when weighing it with one of these bullets, it was very little lighter, and it fitted the bore of one of the pistols which was found in Fisher's custody, even that pistol which by some signs were looked on to have been discharged, though afterwards loaded again.
This Fisher was the son of a very eminent clothier in the West of England, who had sent him to London, and put him out clerk to an attorney, and had done everything in his power which he was able, and which was reasonable for him to do. But he being extravagant, lived far beyond the rate which was consistent with the supplies he received from his father; so that when pressed by his necessities, he had often applied to Mr. Darby for relief. When in Newgate he affected a most unreasonable gaiety and unconcernedness in his behaviour, although the circumstances were so strong against him as occasioned it to prevail as the general opinion that he would be convicted. However, he and the famous Roger Johnson took the advantage of the workmen labouring on the cells which were then building, and by breaking a hole through a place done up only with lath and plaster, they got down one of the workmen's ladders, and so made their escape. Johnson was afterwards retaken and tried for breaking prison, but alleging it was done by Fisher, he was acquitted, and this Henry Fisher, the supposed murderer of Mr. Darby, was never heard of since.
Sir William Thompson (1678-1739) was Recorder of London in 1715, Solicitor General two years later, and in 1729 became baron of the Exchequer.